PRIOR PRINTER'S NOS. 354, 1429 PRINTER'S NO. 1818
No. 310 Session of 1983
INTRODUCED BY WACHOB, BOYES, CAPPABIANCA AND DOMBROWSKI,
MARCH1, 1983
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 3, 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 certain property.
27 The General Assembly of the Commonwealth of Pennsylvania
28 hereby enacts as follows:
1 Section 1. Section 1301.1 of the act of April 9, 1929
2 (P.L.343, No.176), known as The Fiscal Code, is amended by
3 adding a definition to read:
4 Section 1301.1. Definitions.--As used in this article,
5 unless the context otherwise requires:
6 * * *
7 "Weapon" shall be as defined in 18 Pa.C.S. § 907 (relating to
8 possessing instruments of crime).
9 Section 2. Sections 1301.9 and 1301.17(a) of the act, added
10 December 9, 1982 (P.L.1057, No.248), are amended to read:
11 Section 1301.9. Property Held by Courts and Public Officers
12 and Agencies.--The following property is presumed abandoned and
13 unclaimed:
14 1. Except as provided in clause 2, all property held for the
15 owner by any court, public corporation, public authority or
16 instrumentality of the United States, the Commonwealth, or any
17 other state, or by a public officer [or political subdivision]
18 or any county, school district, vocational school district and
19 county institution district thereof, unclaimed by the owner for
20 more than seven (7) years from the date it first became
21 demandable or distributable.
22 1.1. All personal property except bicycles, perishable foods
23 and weapons held by a municipality unclaimed by the owner for
24 more than one (1) year from the date it first became demandable
25 or distributable shall be subject to the custody and control of
26 the municipality.
27 1.2. Any perishable foods which are being held for the owner
28 by a municipality with a shelf life of less than ninety (90)
29 days shall immediately become demandable and distributable and
30 shall be subject to the custody and control of the municipality.
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1 1.3. The governing body, upon the perishable foods becoming
2 demandable and distributable to the municipality shall, by
3 resolution, donate the perishable foods to a charitable
4 organization.
5 2. Bicycles held for the owner by a municipality unclaimed
6 by the owner for more than ninety (90) days from the date it
7 first became demandable or distributable shall be subject to the
8 custody and control of the municipality.
9 3. The bicycles held pursuant to clause 2 may be disposed of
10 by the municipality at public auction at such time and place as
11 may be designated by the municipality or the governing body may,
12 by resolution, donate the bicycles to a charitable organization.
13 Any proceeds from the sale of the bicycles shall be retained by
14 the municipality and used for municipal purposes.
15 3.1. Not less than thirty (30) days prior to the date fixed
16 for the opening of bids on which all personal property will be <--
17 auctioned, DISPOSITION OF ALL PERSONAL PROPERTY, the <--
18 municipality shall cause notice to be published in a newspaper
19 of general circulation in the county in which the municipality
20 is located. The notice so published shall be in the same form as
21 is described in section 1301.12(b). All advertising requirements
22 are not applicable to any property of a value of twenty-five
23 dollars ($25.00) or less.
24 3.2. Not less than ten (10) days prior to the date fixed for
25 the opening of bids, THE DISPOSITION OF ALL PERSONAL PROPERTY, <--
26 the municipality shall cause notice to be published in a
27 newspaper of general circulation in the county in which the
28 municipality is located. The municipality or governing body may
29 dispose of the property at a duly advertised BY EITHER SEALED <--
30 BIDS OR A public auction at such time and place as may be
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1 designated by the municipality or governmental body or may, by
2 resolution, donate the property to a charitable organization or,
3 by resolution, maintain ownership of any property which can
4 normally be considered property used by a municipality. Any
5 proceeds from the sale of property shall be retained by the
6 municipality and used for municipal purposes. In the case of
7 unclaimed money, it shall become the property of the
8 municipality.
9 3.3. Two or more municipalities may hold joint auctions for
10 purposes of disposing of property as long as said municipalities
11 comply with the notice requirements of this act.
12 3.4. A municipality may dispose of property which presents a
13 clear and present danger to human life and welfare by
14 petitioning the court of common pleas in the county in which the
15 municipality is situated. For purposes of this act, property
16 shall be considered a clear and present danger to human life and
17 welfare if an ordinary, reasonable and prudent person would
18 consider it as such.
19 3.5. The Attorney General shall promulgate rules and
20 regulations so as to provide for the municipality's disposition
21 of weapons.
22 4. Bicycles held by or acquired by the Commonwealth for
23 ninety (90) days may be disposed of at public auction at such
24 time and place as may be designated by the Secretary of Revenue.
25 Proceeds of such sale or sales shall be deposited in the General
26 Fund.
27 Section 1301.17. Sale of Property.--(a) Within a reasonable
28 time after delivery to him of any property under this article,
29 the secretary shall sell it to the highest bidder at public sale
30 in whatever city in [the] this Commonwealth affords, in his
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1 judgment, the most favorable market for the property involved.
2 The secretary may decline the highest bid or reoffer the
3 property for sale if he considers the price bid insufficient. He
4 need not offer any property for sale, if, in his opinion, the
5 probable cost of sale exceeds the value of the property. In the
6 case of rifles, shotguns, handguns or other firearms delivered
7 to the secretary under this act, such weapons shall not be
8 destroyed by the secretary unless they are of an illegal type
9 which has no lawful use, or unless they have no value as an
10 antique or collector's item. Those rifles, shotguns, handguns
11 and other firearms not subject to destruction by the secretary
12 under this section shall be offered for public sale in the same
13 manner as other property subject to this act.
14 * * *
15 Section 3. This act shall take effect in 60 days.
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