PRINTER'S NO. 618
No. 551 Session of 1983
INTRODUCED BY BOYES, TRELLO, WILSON, COLAFELLA, ITKIN,
DOMBROWSKI, SALVATORE, SAURMAN, CAPPABIANCA, HALUSKA, COY,
PETRONE, NOYE, FARGO, TIGUE, CIMINI, WOGAN, D. W. SNYDER,
CESSAR, ALDERETTE, GANNON, MICHLOVIC, JAROLIN, PERZEL,
MICOZZIE, JACKSON, SWEET, McVERRY, WOZNIAK, B. SMITH,
E. Z. TAYLOR, BURD, JOHNSON, ANGSTADT, BELARDI, PISTELLA,
DAWIDA AND MURPHY, MARCH 22, 1983
REFERRED TO COMMITTEE ON FINANCE, MARCH 22, 1983
AN ACT
1 Amending the act of April 9, 1929 (P.L.343, No.176), entitled
2 "An act relating to the finances of the State government;
3 providing for the settlement, assessment, collection, and
4 lien of taxes, bonus, and all other accounts due the
5 Commonwealth, the collection and recovery of fees and other
6 money or property due or belonging to the Commonwealth, or
7 any agency thereof, including escheated property and the
8 proceeds of its sale, the custody and disbursement or other
9 disposition of funds and securities belonging to or in the
10 possession of the Commonwealth, and the settlement of claims
11 against the Commonwealth, the resettlement of accounts and
12 appeals to the courts, refunds of moneys erroneously paid to
13 the Commonwealth, auditing the accounts of the Commonwealth
14 and all agencies thereof, of all public officers collecting
15 moneys payable to the Commonwealth, or any agency thereof,
16 and all receipts of appropriations from the Commonwealth and
17 imposing penalties; affecting every department, board,
18 commission, and officer of the State government, every
19 political subdivision of the State, and certain officers of
20 such subdivisions, every person, association, and corporation
21 required to pay, assess, or collect taxes, or to make returns
22 or reports under the laws imposing taxes for State purposes,
23 or to pay license fees or other moneys to the Commonwealth,
24 or any agency thereof, every State depository and every
25 debtor or creditor of the Commonwealth," further providing
26 for the disposition of abandoned and unclaimed property.
27 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Section 1301.1 of the act of April 9, 1929
3 (P.L.343, No.176), known as The Fiscal Code, is amended by
4 adding a definition to read:
5 Section 1301.1. Definitions.--As used in this article,
6 unless the context otherwise requires:
7 * * *
8 "Weapon" shall be as defined in 18 Pa.C.S. § 908 (relating to
9 prohibited offensive weapons).
10 Section 2. Section 1301.9 of the act, added December 9, 1982
11 (P.L.1057, No.248), is amended to read:
12 Section 1301.9. Property Held by Courts and Public Officers
13 and Agencies.--The following property is presumed abandoned and
14 unclaimed:
15 1. Except as provided in clause 2, all property held for the
16 owner by any court, public corporation, public authority or
17 instrumentality of the United States, the Commonwealth, or any
18 other state, or by a public officer [or political subdivision
19 thereof] or any county, school district, vocational school
20 district and county institution district thereof, unclaimed by
21 the owner for more than seven (7) years from the date it first
22 became demandable or distributable.
23 1.1. All personal property except bicycles and weapons held
24 by a municipality unclaimed by the owner for more than three (3)
25 years from the date it first became demandable or distributable
26 shall be subject to the custody and control of the municipality.
27 2. Bicycles held for the owner by a municipality unclaimed
28 by the owner for more than ninety (90) days from the date it
29 first became demandable or distributable shall be subject to the
30 custody and control of the municipality.
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1 3. The bicycles held pursuant to clause 2 may be disposed of
2 by the municipality at public auction at such time and place as
3 may be designated by the municipality or the governing body may,
4 by resolution, donate the bicycles to a charitable organization.
5 Any proceeds from the sale of the bicycles shall be retained by
6 the municipality and used for municipal purposes.
7 3.1. Within three (3) months from the date on which all
8 personal property except bicycles and weapons became subject to
9 the custody and control of the municipality, the municipality
10 shall cause notice to be published at least once each week for
11 two (2) successive weeks in a newspaper of general circulation
12 in the county wherein the municipality is located. The notice so
13 published shall be in the same form as is described in section
14 1301.12(b).
15 3.2. If the personal property is not claimed within thirty
16 (30) days of the date of publication described above, the
17 municipality may dispose of the property at public auction at
18 such time and place as may be designated by the municipality or
19 the governing body may, by resolution, donate the property to a
20 charitable organization. Any proceeds from the sale of property
21 shall be retained by the municipality and used for municipal
22 purposes.
23 3.3. A municipality may dispose of property which presents a
24 clear and present danger to human life and welfare by
25 petitioning the court of common pleas in the county in which the
26 municipality is situated. For purposes of this act, property
27 shall be considered a clear and present danger to human life and
28 welfare if an ordinary, reasonable and prudent person would
29 consider it as such.
30 3.4. The Attorney General shall promulgate rules and
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1 regulations so as to provide for the municipality's disposition
2 of weapons.
3 4. Bicycles held by or acquired by the Commonwealth for
4 ninety (90) days may be disposed of at public auction at such
5 time and place as may be designated by the Secretary of Revenue.
6 Proceeds of such sale or sales shall be deposited in the General
7 Fund.
8 Section 3. This act shall take effect in 60 days.
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