PRINTER'S NO. 338
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
313
Session of
2015
INTRODUCED BY THOMAS, COHEN, V. BROWN, BROWNLEE AND McCARTER,
FEBRUARY 4, 2015
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 4, 2015
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 grounds and buildings, further
providing for sale of unused and unnecessary lands and
buildings.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 707 introductory paragraph and paragraphs
(2), (3) and (7) of the act of March 10, 1949 (P.L.30, No.14),
known as the Public School Code of 1949, are amended and the
section is amended by adding clauses to read:
Section 707. Sale of Unused and Unnecessary Lands and
Buildings.--(a) The board of school directors of any district
is hereby vested with the necessary power and authority to sell
unused and unnecessary lands and buildings[, by] after obtaining
an independent appraisal to determine fair market value and at
the price of one of the following:
(1) The last best offer above fair market value received.
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(2) Fair market value, if no offer has been received within
90 days of placing the building on the market.
(3) Below fair market value, upon the mutual agreement of
the school entity and purchaser.
(b) The board of school directors of any district may sell
unused and unnecessary lands and buildings by any of the
following methods and subject to the following provisions:
* * *
(2) Upon sealed bids requested by the school board, notice
of the request for sealed bids to be given as provided in clause
(1) of this [section] subsection. Terms and conditions of sale
shall be fixed by the board in the motion or resolution
authorizing the request for sealed bids.
(3) At private sale, subject to the approval of the court of
common pleas of the county in which the school district is
located. Approval of the court shall be on petition of the board
of school directors, which petition shall be executed by the
proper officers of the board, and shall contain a full and
complete description of the land proposed to be sold, a brief
description and character of the building or buildings erected
thereon, if any, the name of the prospective purchaser, the
amount offered for the property, and shall have attached thereto
an affidavit of at least two persons who are familiar with the
values of real estate in the locality in which the land and
buildings proposed to be sold are located, to the effect that
they have examined the property, that the price offered therefor
is a fair and reasonable one and in their opinion a better price
than could be obtained at public sale, and that they are not
interested, either directly or indirectly, in the purchase or
sale thereof. Before the court may act upon any such petition it
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shall fix a time for a hearing thereon and shall direct that
public notice thereof be given as provided in clause (1) of this
[section] subsection. A return of sale shall be made to the
court after the sale has been consummated and the deed executed
and delivered.
* * *
(7) The moneys derived from sales of real estate enumerated
in clause (4) of this [section] subsection shall be paid into
the general fund, along with moneys derived from taxes, and may
be used for current expenses of the school district. The moneys
derived from sales of other real estate shall be used for debt
service or for capital expenditures.
* * *
(12) The Department of Education shall provide a page on its
publicly accessible Internet website on which school entities
are required to post notice for each public school building or
part of a public school building that is available for purchase
or lease. A school entity shall submit a notice to the
department on a form to be developed by the department. The
department shall post the notice within five (5) days of
receiving the form.
(13) The following shall apply to the sale or lease of a
public school building or a part of a public school building by
a school entity:
(i) A school entity may not enter a contract to sell or
lease a public school building or part of a public school
building until at least thirty (30) days after the posting of
the notice required under clause (12) of this subsection.
(ii) Where two (2) or more entities make offers on the same
public school building or part of a public school building that
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conform to the provisions of this section, the school entity
shall:
(A) Accept the first offer where all the offers are equal.
(B) Accept the best offer where the offers differ.
Section 2. This act shall take effect in 60 days.
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