PRIOR PRINTER'S NO. 2217                      PRINTER'S NO. 2534

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.













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