S1297B2023A07039       DMS:DM  05/13/08    #90             A07039
                       AMENDMENTS TO SENATE BILL NO. 1297
                                    Sponsor:  SENATOR FUMO
                                           Printer's No. 2023

     1       Amend Title, page 2, line 1, by inserting after "TREASURER;"
     2               in disposition of abandoned and unclaimed property,
     3               further providing for judicial action upon
     4               determination;

     5       Amend Bill, page 3, by inserting between lines 27 and 28
     6       Section 3.  Section 1301.21 of the act, amended June 29, 2002
     7    (P.L.614, No.91), is amended to read:
     8       Section 1301.21.  Judicial Action upon Determinations.--[Any
     9    person aggrieved by a decision of the State Treasurer, or as to
    10    whose claim the State Treasurer has failed to act within ninety
    11    (90) days after the filing of the claim, may commence an action
    12    in the Commonwealth Court to establish his claim. The proceeding
    13    shall be brought within thirty (30) days after the decision of
    14    the State Treasurer or within one hundred twenty (120) days from
    15    the filing of the claim if the State Treasurer fails to act. The
    16    action shall be tried de novo without a jury.] (a)  Any person
    17    aggrieved by a decision of the State Treasurer may appeal to the
    18    Commonwealth Court. The appeal shall be filed within thirty (30)
    19    days after the decision of the State Treasurer. The case shall
    20    be heard in Commonwealth Court's appellate jurisdiction.
    21       (b)  Any person as to whose claim the State Treasurer has
    22    failed to take action within ninety (90) days after the filing
    23    of the claim, may commence an action in the Commonwealth Court
    24    to establish his claim within one hundred twenty (120) days from
    25    the filing of the claim. The action shall be tried de novo
    26    without a jury.

    27       Amend Sec. 3, page 3, line 28, by striking out "3" and
    28    inserting
    29               4
    30       Amend Sec. 4, page 4, line 9, by striking out "4" and
    31    inserting
    32               5

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