PRIOR PRINTER'S NO. 2217 PRINTER'S NO. 2534
No. 1782 Session of 1987
INTRODUCED BY LAUGHLIN, WAMBACH, VEON, LaGROTTA, LESCOVITZ, COLAFELLA, McCALL, STABACK AND MELIO, SEPTEMBER 30, 1987
AS REPORTED FROM COMMITTEE ON FINANCE, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 23, 1987
AN ACT 1 Amending the act of November 6, 1985 (P.L.305, No.76), entitled <-- 2 "An act amending the act of July 7, 1947 (P.L.1368, No.542), 3 entitled, as amended, 'An act amending, revising and 4 consolidating the laws relating to delinquent county, city, 5 except of the first and second class and second class A, 6 borough, town, township, school district, except of the first 7 class and school districts within cities of the second class 8 A, and institution district taxes, providing when, how and 9 upon what property, and to what extent liens shall be allowed 10 for such taxes, the return and entering of claims therefor; 11 the collection and adjudication of such claims, sales of real 12 property, including seated and unseated lands, subject to the 13 lien of such tax claims; the disposition of the proceeds 14 thereof, including State taxes and municipal claims recovered 15 and the redemption of property; providing for the discharge 16 and divestiture by certain tax sales of all estates in 17 property and of mortgages and liens on such property, and the 18 proceedings therefor; creating a Tax Claim Bureau in each 19 county, except counties of the first and second class, to act 20 as agent for taxing districts; defining its powers and 21 duties, including sales of property, the management of 22 property taken in sequestration, and the management, sale and 23 disposition of property heretofore sold to the county 24 commissioners, taxing districts and trustees at tax sales; 25 providing a method for the service of process and notices; 26 imposing duties on taxing districts and their officers and on 27 tax collectors, and certain expenses on counties and for 28 their reimbursement by taxing districts; and repealing 29 existing laws,' reviving provisions relating to extension of 30 the redemption period; authorizing counties to extend the 31 redemption period at the option of the county commissioners; 32 and making a repeal," extending the time limit on provisions
1 relating to extension of the redemption period. 2 AMENDING THE ACT OF JULY 3, 1986 (P.L.351, NO.81), ENTITLED "AN <-- 3 ACT AMENDING THE ACT OF JULY 7, 1947 (P.L.1368, NO.542), 4 ENTITLED, AS AMENDED, 'AN ACT AMENDING, REVISING AND 5 CONSOLIDATING THE LAWS RELATING TO DELINQUENT COUNTY, CITY, 6 EXCEPT OF THE FIRST AND SECOND CLASS AND SECOND CLASS A, 7 BOROUGH, TOWN, TOWNSHIP, SCHOOL DISTRICT, EXCEPT OF THE FIRST 8 CLASS AND SCHOOL DISTRICTS WITHIN CITIES OF THE SECOND CLASS 9 A, AND INSTITUTION DISTRICT TAXES, PROVIDING WHEN, HOW AND 10 UPON WHAT PROPERTY, AND TO WHAT EXTENT LIENS SHALL BE ALLOWED 11 FOR SUCH TAXES, THE RETURN AND ENTERING OF CLAIMS THEREFOR; 12 THE COLLECTION AND ADJUDICATION OF SUCH CLAIMS, SALES OF REAL 13 PROPERTY, INCLUDING SEATED AND UNSEATED LANDS, SUBJECT TO THE 14 LIEN OF SUCH TAX CLAIMS; THE DISPOSITION OF THE PROCEEDS 15 THEREOF, INCLUDING STATE TAXES AND MUNICIPAL CLAIMS RECOVERED 16 AND THE REDEMPTION OF PROPERTY; PROVIDING FOR THE DISCHARGE 17 AND DIVESTITURE BY CERTAIN TAX SALES OF ALL ESTATES IN 18 PROPERTY AND OF MORTGAGES AND LIENS ON SUCH PROPERTY, AND THE 19 PROCEEDINGS THEREFOR; CREATING A TAX CLAIM BUREAU IN EACH 20 COUNTY, EXCEPT COUNTIES OF THE FIRST AND SECOND CLASS, TO ACT 21 AS AGENT FOR TAXING DISTRICTS; DEFINING ITS POWERS AND 22 DUTIES, INCLUDING SALES OF PROPERTY, THE MANAGEMENT OF 23 PROPERTY TAKEN IN SEQUESTRATION, AND THE MANAGEMENT, SALE AND 24 DISPOSITION OF PROPERTY HERETOFORE SOLD TO THE COUNTY 25 COMMISSIONERS, TAXING DISTRICTS AND TRUSTEES AT TAX SALES; 26 PROVIDING A METHOD FOR THE SERVICE OF PROCESS AND NOTICES; 27 IMPOSING DUTIES ON TAXING DISTRICTS AND THEIR OFFICERS AND ON 28 TAX COLLECTORS, AND CERTAIN EXPENSES ON COUNTIES AND FOR 29 THEIR REIMBURSEMENT BY TAXING DISTRICTS; AND REPEALING 30 EXISTING LAWS,' ADDING AND AMENDING DEFINITIONS; FURTHER 31 PROVIDING FOR THE CREATION OF BUREAUS IN COUNTIES, FOR 32 APPOINTMENT AND COMPENSATION OF PERSONNEL, FOR THE BONDING OF 33 CERTAIN PERSONNEL AND FOR ACCOUNTING AND DISTRIBUTION; 34 INCREASING CERTAIN COSTS AND FEES; FURTHER PROVIDING FOR TAX 35 LIENS, FILINGS, ADJUDICATIONS AND COLLECTION; PROVIDING FOR 36 DISCHARGE OF TAX CLAIMS; IMPOSING ADDITIONAL NOTIFICATION 37 REQUIREMENTS; FURTHER PROVIDING FOR SALE AND PURCHASE OF 38 PROPERTY; AND MAKING EDITORIAL CHANGES," EXTENDING THE TIME 39 LIMIT ON PROVISIONS RELATING TO EXTENSION OF THE REDEMPTION 40 PERIOD. 41 The General Assembly of the Commonwealth of Pennsylvania 42 hereby enacts as follows: 43 Section 1. Section 5 of the act of November 6, 1985 <-- 44 (P.L.305, No.76), entitled "An act amending the act of July 7, 45 1947 (P.L.1368, No.542), entitled, as amended, 'An act amending, 46 revising and consolidating the laws relating to delinquent 47 county, city, except of the first and second class and second 48 class A, borough, town, township, school district, except of the 49 first class and school districts within cities of the second 19870H1782B2534 - 2 -
1 class A, and institution district taxes, providing when, how and 2 upon what property, and to what extent liens shall be allowed 3 for such taxes, the return and entering of claims therefor; the 4 collection and adjudication of such claims, sales of real 5 property, including seated and unseated lands, subject to the 6 lien of such tax claims; the disposition of the proceeds 7 thereof, including State taxes and municipal claims recovered 8 and the redemption of property; providing for the discharge and 9 divestiture by certain tax sales of all estates in property and 10 of mortgages and liens on such property, and the proceedings 11 therefor; creating a Tax Claim Bureau in each county, except 12 counties of the first and second class, to act as agent for 13 taxing districts; defining its powers and duties, including 14 sales of property, the management of property taken in 15 sequestration, and the management, sale and disposition of 16 property heretofore sold to the county commissioners, taxing 17 districts and trustees at tax sales; providing a method for the 18 service of process and notices; imposing duties on taxing 19 districts and their officers and on tax collectors, and certain 20 expenses on counties and for their reimbursement by taxing 21 districts; and repealing existing laws,' reviving provisions 22 relating to extension of the redemption period; authorizing 23 counties to extend the redemption period at the option of the 24 county commissioners; and making a repeal," is amended to read: 25 Section 5. Sections 308(a)(4), 502 and 503, reenacted or 26 reenacted and amended by this amendatory act, shall expire 27 January 1, [1988] 1991. 28 Section 2. This act shall take effect immediately. 29 SECTION 1. SECTION 47 OF THE ACT OF JULY 3, 1986 (P.L.351, <-- 30 NO.81), ENTITLED "AN ACT AMENDING THE ACT OF JULY 7, 1947 19870H1782B2534 - 3 -
1 (P.L.1368, NO.542), ENTITLED, AS AMENDED, 'AN ACT AMENDING, 2 REVISING AND CONSOLIDATING THE LAWS RELATING TO DELINQUENT 3 COUNTY, CITY, EXCEPT OF THE FIRST AND SECOND CLASS AND SECOND 4 CLASS A, BOROUGH, TOWN, TOWNSHIP, SCHOOL DISTRICT, EXCEPT OF THE 5 FIRST CLASS AND SCHOOL DISTRICTS WITHIN CITIES OF THE SECOND 6 CLASS A, AND INSTITUTION DISTRICT TAXES, PROVIDING WHEN, HOW AND 7 UPON WHAT PROPERTY, AND TO WHAT EXTENT LIENS SHALL BE ALLOWED 8 FOR SUCH TAXES, THE RETURN AND ENTERING OF CLAIMS THEREFOR; THE 9 COLLECTION AND ADJUDICATION OF SUCH CLAIMS, SALES OF REAL 10 PROPERTY, INCLUDING SEATED AND UNSEATED LANDS, SUBJECT TO THE 11 LIEN OF SUCH TAX CLAIMS; THE DISPOSITION OF THE PROCEEDS 12 THEREOF, INCLUDING STATE TAXES AND MUNICIPAL CLAIMS RECOVERED 13 AND THE REDEMPTION OF PROPERTY; PROVIDING FOR THE DISCHARGE AND 14 DIVESTITURE BY CERTAIN TAX SALES OF ALL ESTATES IN PROPERTY AND 15 OF MORTGAGES AND LIENS ON SUCH PROPERTY, AND THE PROCEEDINGS 16 THEREFOR; CREATING A TAX CLAIM BUREAU IN EACH COUNTY, EXCEPT 17 COUNTIES OF THE FIRST AND SECOND CLASS, TO ACT AS AGENT FOR 18 TAXING DISTRICTS; DEFINING ITS POWERS AND DUTIES, INCLUDING 19 SALES OF PROPERTY, THE MANAGEMENT OF PROPERTY TAKEN IN 20 SEQUESTRATION, AND THE MANAGEMENT, SALE AND DISPOSITION OF 21 PROPERTY HERETOFORE SOLD TO THE COUNTY COMMISSIONERS, TAXING 22 DISTRICTS AND TRUSTEES AT TAX SALES; PROVIDING A METHOD FOR THE 23 SERVICE OF PROCESS AND NOTICES; IMPOSING DUTIES ON TAXING 24 DISTRICTS AND THEIR OFFICERS AND ON TAX COLLECTORS, AND CERTAIN 25 EXPENSES ON COUNTIES AND FOR THEIR REIMBURSEMENT BY TAXING 26 DISTRICTS; AND REPEALING EXISTING LAWS,' ADDING AND AMENDING 27 DEFINITIONS; FURTHER PROVIDING FOR THE CREATION OF BUREAUS IN 28 COUNTIES, FOR APPOINTMENT AND COMPENSATION OF PERSONNEL, FOR THE 29 BONDING OF CERTAIN PERSONNEL AND FOR ACCOUNTING AND 30 DISTRIBUTION; INCREASING CERTAIN COSTS AND FEES; FURTHER 19870H1782B2534 - 4 -
1 PROVIDING FOR TAX LIENS, FILINGS, ADJUDICATIONS AND COLLECTION;
2 PROVIDING FOR DISCHARGE OF TAX CLAIMS; IMPOSING ADDITIONAL
3 NOTIFICATION REQUIREMENTS; FURTHER PROVIDING FOR SALE AND
4 PURCHASE OF PROPERTY; AND MAKING EDITORIAL CHANGES," IS AMENDED
5 TO READ:
6 SECTION 47. THE PORTION OF THE LAST SENTENCE OF SECTION
7 308(A) WHICH REFERS TO SECTIONS 502 AND 503, AND SECTIONS 502
8 AND 503, AMENDED BY THIS AMENDATORY ACT, SHALL EXPIRE JANUARY 1,
9 [1988] 1991.
10 SECTION 2. SECTION 5 OF THE ACT OF NOVEMBER 6, 1985
11 (P.L.305, NO.76), ENTITLED "AN ACT AMENDING THE ACT OF JULY 7,
12 1947 (P.L.1368, NO.542), ENTITLED, AS AMENDED, 'AN ACT AMENDING,
13 REVISING AND CONSOLIDATING THE LAWS RELATING TO DELINQUENT
14 COUNTY, CITY, EXCEPT OF THE FIRST AND SECOND CLASS AND SECOND
15 CLASS A, BOROUGH, TOWN, TOWNSHIP, SCHOOL DISTRICT, EXCEPT OF THE
16 FIRST CLASS AND SCHOOL DISTRICTS WITHIN CITIES OF THE SECOND
17 CLASS A, AND INSTITUTION DISTRICT TAXES, PROVIDING WHEN, HOW AND
18 UPON WHAT PROPERTY, AND TO WHAT EXTENT LIENS SHALL BE ALLOWED
19 FOR SUCH TAXES, THE RETURN AND ENTERING OF CLAIMS THEREFOR; THE
20 COLLECTION AND ADJUDICATION OF SUCH CLAIMS, SALES OF REAL
21 PROPERTY, INCLUDING SEATED AND UNSEATED LANDS, SUBJECT TO THE
22 LIEN OF SUCH TAX CLAIMS; THE DISPOSITION OF THE PROCEEDS
23 THEREOF, INCLUDING STATE TAXES AND MUNICIPAL CLAIMS RECOVERED
24 AND THE REDEMPTION OF PROPERTY; PROVIDING FOR THE DISCHARGE AND
25 DIVESTITURE BY CERTAIN TAX SALES OF ALL ESTATES IN PROPERTY AND
26 OF MORTGAGES AND LIENS ON SUCH PROPERTY, AND THE PROCEEDINGS
27 THEREFOR; CREATING A TAX CLAIM BUREAU IN EACH COUNTY, EXCEPT
28 COUNTIES OF THE FIRST AND SECOND CLASS, TO ACT AS AGENT FOR
29 TAXING DISTRICTS; DEFINING ITS POWERS AND DUTIES, INCLUDING
30 SALES OF PROPERTY, THE MANAGEMENT OF PROPERTY TAKEN IN
19870H1782B2534 - 5 -
1 SEQUESTRATION, AND THE MANAGEMENT, SALE AND DISPOSITION OF 2 PROPERTY HERETOFORE SOLD TO THE COUNTY COMMISSIONERS, TAXING 3 DISTRICTS AND TRUSTEES AT TAX SALES; PROVIDING A METHOD FOR THE 4 SERVICE OF PROCESS AND NOTICES; IMPOSING DUTIES ON TAXING 5 DISTRICTS AND THEIR OFFICERS AND ON TAX COLLECTORS, AND CERTAIN 6 EXPENSES ON COUNTIES AND FOR THEIR REIMBURSEMENT BY TAXING 7 DISTRICTS; AND REPEALING EXISTING LAWS,' REVIVING PROVISIONS 8 RELATING TO EXTENSION OF THE REDEMPTION PERIOD; AUTHORIZING 9 COUNTIES TO EXTEND THE REDEMPTION PERIOD AT THE OPTION OF THE 10 COUNTY COMMISSIONERS; AND MAKING A REPEAL," IS REPEALED. 11 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. G16L53CHF/19870H1782B2534 - 6 -