THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PICCOLA, SCARNATI, EARLL, ALLOWAY, FOLMER, ORIE, EICHELBERGER, WAUGH, SOLOBAY, ERICKSON AND HUGHES, MARCH 11, 2011

REFERRED TO EDUCATION, MARCH 11, 2011  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in preliminary provisions, further

providing for publication of notices and proofs of

publication.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 106 of the act of March 10, 1949 (P.L.30,

No.14), known as the Public School Code of 1949, is amended to

read:

Section 106.  Publication of Notices, etc.; Proofs of

Publication.--(a)  Whenever, under the provisions of this act,

notice is required to be published in one newspaper, such

publication shall be made as follows:

(1)  in a newspaper of general circulation as defined by the

"Newspaper Advertising Act" of May sixteen, one thousand nine

hundred twenty-nine (Pamphlet Laws 1784), printed in the

county[, unless the matter in connection with which the

advertising is being done affects only a school district, in

which case such advertisement shall be published in a newspaper

printed in such school district, if there is such a newspaper,

and if not, then in a newspaper circulating generally in such

school district. If such notice is required to be published in

more than one newspaper, it shall be published in at least one

newspaper of general circulation, defined as aforesaid, printed,

if there be such a newspaper, or circulating generally, as above

provided, in the school district] in which the school district

is located;

(2)  in a newspaper printed in the school district, if there

is such a newspaper;

(3)  in a newspaper circulating generally in the school

district;

(4)  in a legal newspaper designated by the rules of court of

the county in which the school district is located for the

publication of legal notices and advertisements;

(5)  on the school district's official, public Internet

website using hypertext markup language (HTML) format, or an

equivalent language format;

(6)  on the official, public Internet website of a newspaper

listed in paragraph (1), (2), (3) or (4), using HTML format or

an equivalent language format; or

(7)  in a community paper of mass dissemination. For purposes

of this paragraph, a "community paper of mass dissemination"

shall mean a locally circulated printed publication that is at

least four pages long, is issued on at least a weekly basis and

is distributed by audited carriers to all known addresses within

a political subdivision.

[(b)  When such notice relates to any proceeding or matter in

any court, or the holding of an election for the increase of

indebtedness, or the issue and sale of bonds to be paid by

taxation, such notice, in each school district, shall also be

published in the legal newspaper, if any, designated by the

rules of court of the proper county for the publication of legal

notices and advertisements: Provided, That auditors' statements,

summaries of auditors' statements, advertisements inviting

proposals for public contracts and for bids for materials and

supplies, or lists of delinquent taxpayers, shall be published

only in newspapers of general circulation, defined as

aforesaid.]

(b.1)  If notice is required to be published in more than one

publication, such publication shall be made by at least two of

the means of publication listed in subsection (a).

(b.2)  A school district may determine the appropriate means

of publication from the means of publication listed in

subsection (a).

(c)  Proof of publication of any notice required to be given

by the posting of handbills or statements shall be made by

attaching an original copy of such handbill or statement as

actually printed and posted to an affidavit made by the person

posting such notice. Such affiant shall not be an interested

party or an employe of any person or persons interested in the

subject matter of said notice. His affidavit shall state where

and when the notices were posted and [where] the manner in which 

the notice was published [in newspapers, as aforesaid]. A

printed copy, exactly as published [in said newspaper], shall be

securely attached to a similar affidavit of the publisher or his

designated agent.

Section 2.  This act shall take effect immediately.