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        PRIOR PRINTER'S NO. 409                       PRINTER'S NO. 1226

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 396 Session of 2001


        INTRODUCED BY HELFRICK, THOMPSON, COSTA, ROBBINS, KUKOVICH,
           WAUGH, LEMMOND, EARLL, HOLL, BELL, MOWERY, RHOADES, MELLOW,
           ARMSTRONG AND STACK, FEBRUARY 8, 2001

        AS AMENDED ON THIRD CONSIDERATION, JUNE 18, 2001

                                     AN ACT

     1  Amending Title 62 (Procurement) of the Pennsylvania Consolidated
     2     Statutes, imposing additional requirements on the Board of
     3     Commissioners of Public Grounds and Buildings relating to the
     4     approval of leases of real estate.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 326 of Title 62 of the Pennsylvania
     8  Consolidated Statutes is amended to read:
     9  § 326.  Board of Commissioners of Public Grounds and Buildings.
    10     (a)  General rule.--No lease of real estate for use by an
    11  executive or independent agency and no sole source procurement
    12  of supplies for an executive or independent agency for which the
    13  department acts as the purchasing agency shall be valid or
    14  effective unless, upon review, it is approved by the Board of
    15  Commissioners of Public Grounds and Buildings. Where the board
    16  is reviewing a proposed sole source lease or procurement being
    17  submitted pursuant to section 515 (relating to sole source
    18  procurement), approval of the lease or procurement shall require


     1  the unanimous vote of the board. Where the board is reviewing a
     2  proposed non-sole source lease, the lease shall be approved when
     3  one member of the board votes to approve the lease. All votes
     4  shall take place at a public meeting.
     5     (b)  State and local REAL PROPERTY taxation provisions         <--
     6  required for approval of real estate leases.--From and after the
     7  effective date of this subsection, the Board of Commissioners of
     8  Public Grounds and Buildings shall only approve leases for real
     9  estate or renewals of leases for real estate which contain
    10  provisions requiring the lessor to provide annual statements to
    11  the department which prove that the lessor has paid all county,
    12  municipal and school district taxes levied on the leased
    13  property and; that there are no outstanding delinquent real       <--
    14  property taxes on the leased property owed to any taxing
    15  authority AND NO MUNICIPAL UTILITY BILLS, FINES OR FEES OWED TO   <--
    16  THE MUNICIPALITY THAT ARE MORE THAN ONE YEAR OUTSTANDING.
    17     Section 2.  This act shall take effect in 90 days.









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