PRINTER'S NO. 389
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
410
Session of
2019
INTRODUCED BY MARTIN, FOLMER, K. WARD, YAW AND DiSANTO,
MARCH 11, 2019
REFERRED TO EDUCATION, MARCH 11, 2019
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
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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.] under 45 Pa.C.S. ยง 101 (relating to
definitions) printed in the county 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, publicly accessible
Internet website using hypertext markup language (HTML) format
or an equivalent language format;
(6) on the official, publicly accessible Internet website of
a newspaper listed in paragraph (1), (2), (3) or (4), using HTML
format or an equivalent language format;
(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; or
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(8) on a Statewide publicly accessible Internet website
maintained for this purpose by the Commonwealth, if the website
is established after the effective date of this paragraph.
(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, the publication shall be made by at least two of
the means of publication listed in subsection (a). Nothing in
this subsection shall negate any provision of subsection (b)
relating to the requirement to publish notice in a legal
newspaper.
(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
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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.
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