Current through Pa Acts 2024-53, 2024-56 through 2024-95
Section 19-1913-B - Acquisition and disposition of property(a) The Thaddeus Stevens College of Technology is hereby granted and shall have and may exercise all the powers necessary or convenient to acquire, purchase, hold, lease as lessee and use any property, real, personal or mixed, tangible or intangible, or any interest therein, lease as lessor any property, real, personal or mixed, tangible or intangible, necessary or desirable for carrying out the purposes of the college, and to sell, transfer and dispose of any property acquired by gift, grant, devise or bequest, whether the property is real, personal or mixed, tangible or intangible, or any interest therein; to take, demand, receive and possess all moneys, real property and goods which shall be appropriated, given or granted to for the use of the college and to apply the same according to the will of the donors; to sell, transfer and dispose of real property acquired by and titled to the college upon approval by the General Assembly as provided in this section; and by gift, purchase or devise to receive, possess, enjoy and retain forever any and all real and personal estate and funds, of whatsoever kind, nature or quality the same may be, in special trust and confidence that the same, and the profits thereof, shall be applied to and for the use and purpose of endowing the college, and shall have power to receive donations from any source whatever, to be exclusively devoted to the purposes of the college or according to the terms of donation: Provided, however, That the college shall have no power at any time or in any manner to pledge the credit or taxing power of the Commonwealth, nor shall any of its obligations or debts be deemed to be obligations of the Commonwealth, nor shall the Commonwealth be liable for the payment of principal or interest on such obligations.(b) Whenever the board of trustees deems that it is necessary or desirable to sell, transfer or dispose of real property acquired or constructed in any part with funds from the Commonwealth of Pennsylvania and titled to the college, it shall request authorization from the General Assembly to sell, transfer or dispose of said real property; and from time to time, as necessary, the board of trustees shall submit to the Chief Clerk of the House of Representatives and the Secretary of the Senate requests to sell, transfer or dispose of real property acquired by and titled to the college for consideration by the General Assembly.(c) Each request for authorization to sell, transfer or dispose of real property transmitted to the General Assembly shall be proposed as a resolution and shall be placed on the calendar of each house for the next legislative day following its receipt and shall be considered by each house within thirty (30) calendar days of continuous session of the General Assembly.(d) Each request for authorization to sell, transfer or dispose of real property shall take effect if it is approved by a majority vote of the duly elected membership of each house during such thirty-day period or may be disapproved by either house during that period by a majority vote of the duly elected membership of each house.(e) No resolution shall be effective:(1) unless it designates the number of the request for authorization to sell, transfer or dispose of real property and the date on which it was transmitted to the General Assembly; or(2) if it specifies more than one request for authorization to sell, transfer or dispose of real property except as otherwise provided by subsection (h) of this section.(f) The effective date of each request for authorization to sell, dispose or transfer real property shall be the date of approval of the last of the two houses to act. Upon the expiration of the thirty-day period after the delivery of the request for authorization to sell, dispose or transfer real property to the two Houses of the General Assembly and the failure to act as provided in subsection (d) of this section, each request for authorization to sell, dispose or transfer real property shall become effective.(g) For the purposes of subsection (c) of this section:(1) Continuity of session shall be considered as broken only by an adjournment of the General Assembly sine die.(2) In the computation of the thirty-day period, there shall be excluded the days on which either house is not in session because of an adjournment of more than ten (10) days to a day certain.(h) Any provision of the request for authorization to sell, dispose or transfer real property may, under provisions contained therein, be made operative at a time later than the date on which the request for authorization to sell, transfer or dispose of real property otherwise takes effect.1949, March 10, P.L. 30, No. 14, art. XIX-B, § 1913-B, added 1990, Dec. 19, P.L. 1362, No. 211, § 5, imd. effective. Amended 2002, Dec. 9, P.L. 1472, No. 187, § 10, effective 7/1/2003.