PRINTER'S NO. 1320
No. 1177 Session of 1995
INTRODUCED BY DiGIROLAMO, PERZEL, MELIO, CLYMER, BARLEY, FARGO,
BELARDI, COLAFELLA, WAUGH, McGILL, BARD, PITTS, ZIMMERMAN,
HERSHEY, SHEEHAN, HARHART, M. N. WRIGHT, STEIL, CONTI,
D. W. SNYDER, CARONE, GEIST, McGEEHAN, CLARK, BROWNE, DRUCE,
BAKER, HERMAN AND E. Z. TAYLOR, MARCH 15, 1995
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 15, 1995
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," regulating disposition of
21 surplus property.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. The definition of "surplus property" in section
25 2401-A of the act of April 9, 1929 (P.L.177, No.175), known as
26 The Administrative Code of 1929, added July 1, 1981 (P.L.143,
1 No.48), is amended to read:
2 Section 2401-A. Limited Definitions.--The following words
3 and phrases when used in this article shall have, unless the
4 context clearly indicates otherwise, the meanings given to them
5 in this section:
6 * * *
7 "Surplus property." Any buildings, land or other real estate
8 owned by the Commonwealth that has been deemed surplus to the
9 needs of the administering agency which [last had] has current
10 use of the property [and which has been turned over to the
11 jurisdiction of the Department of General Services for final
12 verification and declaration of its surplus status]. The
13 definition of and the designation of surplus property shall not
14 apply to any lands designated as State parks or State forests or
15 any lands acquired by the Pennsylvania Fish and Boat Commission
16 or the Pennsylvania Game Commission.
17 Section 2. Sections 2402-A(a) and (b), 2404-A(a), (b) and
18 (d)(1), 2405-A(4) and 2406-A of the act, added July 1, 1981
19 (P.L.143, No.48), are amended to read:
20 Section 2402-A. Annual Property Survey.--(a) The department
21 shall distribute to all agencies, not later than [30 days after
22 the effective date of this article and not later than May 1]
23 January 1 of each year [thereafter], a request to compile
24 information on all State-owned real property. The survey shall
25 require the agency, for each parcel of real property, within its
26 jurisdiction, to identify its location, size, current use, the
27 presence of any buildings or other improvements, the condition
28 of all buildings and improvements and other relevant property
29 attribute data. The survey shall require the agency to identify
30 any property currently surplus to the needs of the agency.
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1 (b) Agencies shall send to the department, not later than
2 [60 days after the effective date of this article and not later
3 than July] March 1 of each year [thereafter], completed annual
4 property surveys. The department shall compile and consolidate
5 the agency surveys and send a copy of the compilation to the
6 Chairmen and Minority Chairmen of the House and Senate State
7 Government Committees or their successor committees.
8 * * *
9 Section 2404-A. Legislative Oversight and Public Review.--
10 (a) The property disposition plan shall be transmitted to the
11 Chairmen and Minority Chairmen of the House and Senate State
12 Government Committees or their successor committees not later
13 than [90 days after the effective date of this article and not
14 later than September 1 for each year thereafter.] May 1 of each
15 year. The House and Senate Committees shall conduct public
16 hearings which may be joint hearings to review the plan and
17 shall advise the department of any suggested modifications in
18 the plan not later than [120 days after the effective date of
19 this article and not later than October 1 for each year
20 thereafter.] June 1 of each year.
21 (b) The department shall publish its proposed property
22 disposition plan in the Pennsylvania Bulletin not later than [90
23 days after the effective date of this article and not later than
24 September 1 for each year thereafter] May 1 of each year and
25 invite public comments on the plan during the following 30-day
26 period. The proposed plan shall not require review by the
27 Attorney General for form and legality prior to publication, but
28 during the 30-day comment period the department shall request
29 that the Attorney General review the plan for form and legality.
30 The Attorney General shall communicate his evaluation of the
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1 plan, in writing, to the department and to the Chairmen and
2 Minority Chairmen of the House and Senate State Government
3 Committees or their successor committees.
4 * * *
5 (d) (1) Not later than [150 days following the effective
6 date of this article and no later than October 15 of each
7 year thereafter] June 15, the department shall transmit the
8 plan to the Governor for his approval and the Governor shall
9 transmit the plan to the Chief Clerk of the House of
10 Representatives and the Secretary of the Senate for
11 consideration by the General Assembly in the manner specified
12 by the act of April 7, 1955 (P.L.23, No.8), known as the
13 "Reorganization Act of 1955," except that either House of the
14 General Assembly may reject a plan for the disposition of a
15 specific parcel while approving the balance of the surplus
16 property disposition plan.
17 * * *
18 Section 2405-A. Conditions Upon Conveyances.--Any proposed
19 disposition of property shall be subject to the following
20 conditions and limitations:
21 * * *
22 (4) After appropriate public notice, the sale of declared
23 surplus property by the department shall be open to public
24 review and inspection. Acceptance of an offer shall be subject
25 to a minimum price requirement as established by the department,
26 which shall not be less than the fair market value. [Prospective
27 buyers shall submit sealed offers to purchase declared surplus
28 property through the mail.] Declared surplus property shall be
29 sold by the department through either a competitive sealed
30 bidding process, in which prospective buyers submit sealed
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1 offers through the mail, or at an auction, conducted by an
2 auctioneer holding a license under the provisions of the act of
3 December 22, 1983 (P.L.327, No.85), known as the "Auctioneer and
4 Auction Licensing Act." The use of either method of sale shall
5 be at the department's discretion. Except as provided in clause
6 (3), sale of the declared surplus property shall be to the
7 highest bidder, provided that no offer may be accepted which is
8 below the fair market value, established through independent
9 appraisal.
10 * * *
11 Section 2406-A. Allocation of Sale Proceeds.--The proceeds
12 of the sale of real estate under the provisions of section 2405-
13 A shall be paid into the State Treasury, through the Department
14 of Revenue and deposited in the Capital Facilities Redemption
15 Fund, or if the land was acquired by moneys wholly or mainly out
16 of a special fund, such proceeds shall be credited to the proper
17 special fund, and all proceeds of the sale of authority
18 properties shall be paid to the respective fiscal agent of the
19 authority in accordance with the bond resolution. The costs and
20 fees incurred by the Department of General Services, including
21 but not limited to costs of auctions or sales at auction, title
22 searches, notice, surveys and appraisals, shall be deducted from
23 the purchase price and that amount shall be an executively
24 authorized augmentation to the appropriation from which the
25 costs and fees were paid by the department.
26 Section 3. This act shall take effect on January 1, 1996.
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