SENATE AMENDED
PRIOR PRINTER'S NOS. 1928, 2097, 2519, PRINTER'S NO. 3761
3695, 3749
No. 1649 Session of 1981
INTRODUCED BY WILSON, DOMBROWSKI, CORNELL, MAIALE, BOWSER, POTT,
LUCYK, McVERRY AND PENDLETON, JUNE 17, 1981
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 23, 1982
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 reviews, refunds, settlements and resettlements.
27 PROVIDING FOR RECOUPMENT OF CREDITS OR REFUNDS IN CERTAIN <--
28 CASES; ADDING REQUIREMENTS WITH RESPECT TO CLAIMS OF
29 OVERPAYMENTS; CHANGING REQUIREMENTS FOR CASH REFUNDS; FURTHER <--
30 PROVIDING FOR THE POWERS AND DUTIES OF THE BOARD OF FINANCE
31 AND REVENUE, CLARIFYING CERTAIN LANGUAGE, MAKING REPEALS AND <--
1 MAKING TECHNICAL CHANGES AND PROVIDING FOR THE DISPOSITION OF <--
2 ABANDONED AND UNCLAIMED PROPERTY.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. The first paragraph of clause (a) of section 503, <--
6 act of April 9, 1929 (P.L.343, No.176), known as "The Fiscal
7 Code," amended July 30, 1975 (P.L.143, No.71), is amended to
8 read:
9 Section 503. Refunds of State Taxes, License Fees, Et
10 Cetera.--The Board of Finance and Revenue shall have the power,
11 and its duty shall be,
12 (a) Except as provided by section 1108 and except as
13 hereinafter provided with respect to the Department of
14 Transportation, to hear and determine any petition for the
15 refund of taxes, license fees, penalties, fines, bonuses or
16 other moneys paid to the Commonwealth and to which the
17 Commonwealth is not rightfully or equitably entitled and, upon
18 the allowance of any such petition, to refund such taxes,
19 license fees, penalties, fines, bonuses or other moneys, out of
20 the fund into which such taxes, license fees, penalties, fines,
21 bonuses or other moneys were originally paid, or to credit the
22 account of the person, association, corporation, body politic,
23 or public officer entitled to the refund. So much of the
24 proceeds of the various taxes, license fees, penalties, fines,
25 bonuses or other moneys as shall be necessary for the payment of
26 refunds out of the General or Special Funds shall be authorized
27 by the Governor. In the case of moneys erroneously received by
28 the Department of Transportation for motor licenses, permits,
29 rental fees, penalties, fines, bonuses, or other moneys, the
30 Department of Transportation may make direct refunds when
19810H1649B3761 - 2 -
1 necessary from funds appropriated therefor from the proceeds of
2 the various motor license fees, etc. in the Motor License Fund,
3 which appropriations are hereby authorized. A list of the final
4 amounts of any such refunds or credits in excess of five
5 thousand dollars ($5,000.00) hereafter granted for corporation
6 taxes, the names of the corporations entitled thereto, and a
7 brief summary of the reasons therefor, and a list of the names
8 and final amounts of any such refunds or credits in excess of
9 two hundred dollars ($200.00) hereafter granted to any persons
10 or corporations shall be available for public inspection. The
11 jurisdiction of the Board of Finance and Revenue to hear and
12 determine a petition for refund, as aforesaid, shall not be
13 affected or limited (I) by the fact that proceedings for review
14 by the Board of Finance and Revenue or appeal to the
15 Commonwealth Court, involving the same tax or bonus and period
16 for which a refund is sought, are pending, have been withdrawn,
17 or have been otherwise closed, provided such proceedings relate
18 to other objections than those raised in the petition for
19 refund, or provided such petition for refund is based upon a
20 final judgment or decision of a court of competent jurisdiction
21 holding the act of Assembly under which the petitioner paid the
22 tax or other money involved to be unconstitutional or to have
23 been erroneously interpreted, or (II) the fact that a petition
24 for resettlement or reassessment involving the same tax or bonus
25 and period and involving either the same or different questions
26 than those raised in the petition for refund is pending has been
27 withdrawn or has been otherwise closed. All such petitions for
28 refund must be filed with the board within two years of the
29 payment of which refund is requested, or within two years of the
30 settlement in the case of taxes or bonus, whichever period last
19810H1649B3761 - 3 -
1 expired, except
2 * * *
3 Section 2. Paragraph (4) of clause (a) of section 503 of the
4 act, amended March 6, 1956 (1955 P.L.1218, No.578), is amended
5 to read:
6 Section 503. Refunds of State Taxes, License Fees, Et
7 Cetera.--The Board of Finance and Revenue shall have the power,
8 and its duty shall be,
9 (a) Except as hereinafter provided with respect to the
10 Department of Transportation, to hear and determine any petition
11 for the refund of taxes, license fees, penalties, fines, bonuses
12 or other moneys paid to the Commonwealth and to which the
13 Commonwealth is not rightfully or equitably entitled and, upon
14 the allowance of any such petition, to refund such taxes,
15 license fees, penalties, fines, bonuses or other moneys, out of
16 the fund into which such taxes, license fees, penalties, fines,
17 bonuses or other moneys were originally paid, or to credit the
18 account of the person, association, corporation, body politic,
19 or public officer entitled to the refund. So much of the
20 proceeds of the various taxes, license fees, penalties, fines,
21 bonuses or other moneys as shall be necessary for the payment of
22 refunds out of the General or Special Funds shall be authorized
23 by the Governor. In the case of moneys erroneously received by
24 the Department of Transportation for motor licenses, permits,
25 rental fees, penalties, fines, bonuses, or other moneys, the
26 Department of Transportation may make direct refunds when
27 necessary from funds appropriated therefor from the proceeds of
28 the various motor license fees, etc. in the Motor License Fund,
29 which appropriations are hereby authorized. A list of the final
30 amounts of any such refunds or credits in excess of five
19810H1649B3761 - 4 -
1 thousand dollars ($5,000.00) hereafter granted for corporation
2 taxes, the names of the corporations entitled thereto, and a
3 brief summary of the reasons therefor, and a list of the names
4 and final amounts of any such refunds or credits in excess of
5 two hundred dollars ($200.00) hereafter granted to any persons
6 or corporations shall be available for public inspection. The
7 jurisdiction of the Board of Finance and Revenue to hear and
8 determine a petition for refund, as aforesaid, shall not be
9 affected or limited (I) by the fact that proceedings for review
10 by the Board of Finance and Revenue or appeal to the
11 Commonwealth Court, involving the same tax or bonus and period
12 for which a refund is sought, are pending, have been withdrawn,
13 or have been otherwise closed, provided such proceedings relate
14 to other objections than those raised in the petition for
15 refund, or provided such petition for refund is based upon a
16 final judgment or decision of a court of competent jurisdiction
17 holding the act of Assembly under which the petitioner paid the
18 tax or other money involved to be unconstitutional or to have
19 been erroneously interpreted, or (II) the fact that a petition
20 for resettlement or reassessment involving the same tax or bonus
21 and period and involving either the same or different questions
22 than those raised in the petition for refund is pending has been
23 withdrawn or has been otherwise closed. All such petitions for
24 refund must be filed with the board within two years of the
25 payment of which refund is requested, or within two years of the
26 settlement in the case of taxes or bonus, whichever period last
27 expired, except
28 * * *
29 (4) When any tax or other money has been paid to the
30 Commonwealth, under a provision of an act of Assembly
19810H1649B3761 - 5 -
1 subsequently held by final judgment of a court of competent
2 jurisdiction to be unconstitutional, or under an interpretation
3 of such provision subsequently held by such court to be
4 erroneous. In such case, the petition to the board may be filed
5 either prior or subsequent to such final judgment but must be
6 filed within [five] three years of the payment of which a refund
7 is requested, or within [five] three years of the settlement of
8 such taxes, bonus or other moneys due the Commonwealth,
9 whichever period last expires. The board shall have jurisdiction
10 to hear and determine any petition for refund filed prior to
11 such final judgment only if, at the time of the filing thereof,
12 proceedings are pending in a court of competent jurisdiction
13 wherein the claims of unconstitutionality or erroneous
14 interpretation made in the petition for refund may be
15 established, and in such case the board shall not act upon the
16 petition for refund until the final judgment determining the
17 question or questions involved in such petition has been handed
18 down.
19 * * *
20 Section 3. Section 503 of the act is amended by adding a
21 clause to read:
22 Section 503. Refunds of State Taxes, License Fees, Et
23 Cetera.--The Board of Finance and Revenue shall have the power,
24 and its duty shall be,
25 * * *
26 (a.1) If the determination of any petition shall be governed
27 by litigation then pending before any court of competent
28 jurisdiction, the board, upon the written request of the
29 petitioner containing a statement to such effect which
30 identifies such litigation, may, in its discretion, either in
19810H1649B3761 - 6 -
1 whole or in part, defer consideration of the petition until the
2 final judgment determining the question or questions involved in
3 such petition has been handed down. If the board decides to
4 determine the issues raised in the petition which are not
5 dependent for their determination upon the pending litigation
6 then the issues so determined, and those which remain
7 undetermined pending litigation, shall be separately identified
8 by the board's adjudication.
9 * * *
10 Section 4. Subsection (b) of section 801 of the act, amended
11 February 2, 1937 (P.L.3, No.1), is amended to read:
12 Section 801. Settlements to Be Made by Department of
13 Revenue.--* * *
14 (b) All such settlements shall, as far as possible, be so
15 made that notice thereof [may reach] shall be mailed to the
16 taxpayer [before the end of the year succeeding the year for
17 which the tax or bonus report or return was made or ought to
18 have been made] on that date which is the later of (i) one year
19 after the tax report or return was required to be filed with the
20 department, including any extension thereof and (ii) the date on
21 which it was actually filed.
22 * * *
23 Section 5. The act is amended by adding a section to read:
24 Section 803.1. Resettlement by Department.--(a) If, within
25 a period of eighteen (18) months after the date of any
26 settlement, the department is not satisfied with such
27 settlement, or if at any time the net income as returned by any
28 corporation to the Federal Government is finally changed or
29 corrected by the Commissioner of Internal Revenue or by any
30 other agency or court of the United States with the result that
19810H1649B3761 - 7 -
1 tax, in addition to the amount paid, is due under this article,
2 the department is hereby authorized and empowered to make a
3 resettlement of the tax due by such corporation, based upon the
4 facts contained in the report, or upon any information within
5 its possession or that shall come into its possession, or as a
6 result of audit or investigation by the department.
7 (b) Whenever a resettlement shall have been made hereunder,
8 the department shall resettle the account according to law and
9 shall credit or charge, as the case may be, the amount resulting
10 from such resettlement upon the current accounts of the
11 corporation with which it is made.
12 (c) The resettlement of corporate taxes shall be subject to
13 audit and approval by the Department of the Auditor General as
14 in the case of original settlement, and in case of the failure
15 of the two departments to agree, the resettlement shall be
16 submitted to the Board of Finance and Revenue as in the case of
17 original settlement.
18 Section 6. Sections 1102 and 1103 of the act, amended July
19 13, 1957 (P.L.838, No.388), are amended to read:
20 Section 1102. Petition for Resettlement, Reassessment or
21 Redetermination.--(a) Within ninety (90) days after the date
22 upon which the copy of any settlement, assessment or
23 determination was mailed to the party with whom or with which
24 the settlement was made, such party or the Commonwealth of
25 Pennsylvania may file, with the department which made it, a
26 petition for resettlement, reassessment or redetermination.
27 (b) Every petition for resettlement, reassessment or
28 redetermination shall fully state the reasons which the
29 petitioner believes entitle him or it to such resettlement,
30 reassessment or redetermination.
19810H1649B3761 - 8 -
1 (c) It shall be the duty of the department with which the
2 petition was filed, within six (6) months after the date of the
3 receipt of any petition for resettlement, reassessment or
4 redetermination to dispose of such petition unless the
5 determination of any petition shall be governed by litigation
6 then pending before any court of competent jurisdiction, in
7 which case, the department, upon the written request of the
8 petitioner containing a statement to such effect, which
9 identifies such litigation may in its discretion defer
10 consideration of such petition until the final judgment
11 determining the question or questions involved in such petition
12 has been handed down: Provided, however, That the Department of
13 Revenue may in its discretion at any time determine issues
14 raised by the said petition which are not dependent for their
15 determination upon the pending litigation; in which case, the
16 issues so determined, and those which remain undetermined
17 pending litigation, shall be separately identified by the
18 department's adjudication.
19 (d) In the case of petitions for resettlement filed with the
20 Department of Revenue, the disposition of the petition shall be
21 subject to the approval of the Department of the Auditor
22 General, as in the case of original settlements, and, if two
23 departments shall be unable to agree, the case shall be
24 submitted to the Board of Finance and Revenue by the Department
25 of Revenue. The Board of Finance and Revenue shall decide every
26 such case within three (3) months from the date of the
27 submission thereof, and, in case of its failure to reach a
28 decision within such period, the disposition of the Department
29 of Revenue shall automatically become valid, and the Board of
30 Finance and Revenue shall immediately return to the Department
19810H1649B3761 - 9 -
1 of Revenue all of the papers appertaining to the case.
2 (e) In the case of petitions for resettlement filed with the
3 Department of the Auditor General, the petition shall be
4 disposed of by the joint action of that department and of the
5 Treasury Department, as in the case of original settlements.
6 (f) In the case of petitions for resettlements filed with
7 the Department of State, or petitions for reassessment or
8 redetermination filed with the Department of Revenue the
9 petition shall be disposed of solely by [that] the department
10 with which it was filed.
11 (g) Notice of the action taken upon any petition for a
12 resettlement shall be given to the petitioner, promptly after
13 the date of such action, by the department with which the
14 petition was filed.
15 Section 1103. Petition to Board of Finance and Revenue for
16 Review.--(a) Within ninety days after the date of mailing of
17 notice by the Department of Revenue, or of the Auditor General,
18 or of the Department of State of the action taken on any
19 petition for a resettlement filed with it, or of any
20 resettlement made under the provisions of section one thousand
21 one hundred five of this act, the party with whom the settlement
22 was made or the Commonwealth of Pennsylvania may, by petition,
23 request the Board of Finance and Revenue to review such action.
24 (b) Every petition for review, filed hereunder, either shall
25 state specifically therein the reasons upon which the petitioner
26 relies, or shall incorporate, by reference, the petition for
27 resettlement in which such reasons shall have been stated. The
28 petition shall be supported by affidavit that it is not made for
29 the purpose of delay, and that the facts therein set forth are
30 true. If the petitioner be a corporation, joint-stock
19810H1649B3761 - 10 -
1 association, or limited partnership, the affidavit must be made
2 by one of the principal officers thereof. A petition for review
3 may be amended by the petitioner at any time prior to the
4 hearing thereon, as hereinafter provided.
5 (c) The Board of Finance and Revenue shall act finally in
6 disposition of such petitions within six months after they have
7 been received, and, in the event of the failure of the Board of
8 Finance and Revenue to dispose of any such petition within six
9 months, the action taken upon the petition for resettlement
10 shall be deemed sustained.
11 (d) Notwithstanding any other provisions of this section, if
12 the determination of any petition shall be governed by
13 litigation then pending before any court of competent
14 jurisdiction, the board, upon the written request of the
15 petitioner containing a statement to such effect, which
16 identifies such litigation may in its discretion defer
17 consideration of such petition until the final judgment
18 determining the question or questions involved in such petition
19 has been handed down: Provided, however, That the Board of
20 Finance and Revenue may in its discretion at any time determine
21 issues raised by the said petition which are not dependent for
22 their determination upon the pending litigation; in which case,
23 the issues so determined, and those which remain undetermined
24 pending litigation, shall be separately identified by the
25 board's adjudication.
26 (e) The Board of Finance and Revenue may sustain the action
27 taken on the petition for resettlement, or it may resettle the
28 account upon such basis as it shall deem according to law and
29 equity.
30 (f) Notice of the action of the Board of Finance and Revenue
19810H1649B3761 - 11 -
1 shall be given, by mail or otherwise, to all departments
2 involved and to the petitioner.
3 Section 7. The provisions of this act shall not affect any
4 act done, liability incurred or vested, or affect any suit or
5 prosecution pending or to be instituted to enforce any right or
6 penalty or punish any offense under the authority of this act or
7 part thereof repealed by this act.
8 Section 8. This act shall take effect July 1, 1981, or, if
9 finally enacted after said date, January 1, 1982.
10 SECTION 1. SECTION 503, ACT OF APRIL 9, 1929 (P.L.343, <--
11 NO.176), KNOWN AS "THE FISCAL CODE," IS AMENDED BY ADDING A
12 SUBSECTION TO READ:
13 SECTION 503. REFUNDS OF STATE TAXES, LICENSE FEES, ET
14 CETERA.--THE BOARD OF FINANCE AND REVENUE SHALL HAVE THE POWER,
15 AND ITS DUTY SHALL BE,
16 * * *
17 (I) NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY, THE
18 BOARD OF FINANCE AND REVENUE SHALL NOT BE REQUIRED TO MAKE ANY
19 REFUND WHICH THE DEPARTMENT OF REVENUE IS EMPOWERED TO MAKE
20 UNDER SECTION 1108.
21 SECTION 2. SECTION 806 OF THE ACT, AMENDED APRIL 8, 1982
22 (P.L.258, NO.78), IS AMENDED TO READ:
23 SECTION 806. INTEREST ON TAXES DUE THE COMMONWEALTH.--ALL
24 TAXES [DUE THE COMMONWEALTH[, AS PROVIDED BY LAW] WHICH FIRST <--
25 BECOME DUE AND PAYABLE ON OR AFTER JANUARY 1, 1982, SHALL BEAR
26 SIMPLE INTEREST [AT THE RATE ESTABLISHED BY LAW UPON] FROM THE
27 DATE THEY FIRST BECOME DUE AND PAYABLE UNTIL PAID. [FROM AND <--
28 AFTER THE EFFECTIVE DATE HEREOF, ALL SUCH TAXES WHICH BECOME DUE
29 AND PAYABLE SHALL BEAR] THE INTEREST [AT THE] RATE PER ANNUM
30 DURING EACH CALENDAR YEAR SHALL BE THE INTEREST RATE ESTABLISHED
19810H1649B3761 - 12 -
1 BY THE SECRETARY OF THE TREASURY OF THE UNITED STATES UNDER THE
2 PROVISIONS OF [SECTION 6621 OF] THE INTERNAL REVENUE CODE [AS
3 AMENDED BY SECTION 711 OF THE ECONOMIC RECOVERY TAX ACT OF 1981
4 PER ANNUM FROM THE DATE THEY ARE DUE AND PAYABLE UNTIL PAID:
5 PROVIDED, THAT NO] OF 1954, EFFECTIVE JANUARY 1 OF SUCH CALENDAR
6 YEAR WITHOUT REGARD TO ANY CHANGE OR CHANGES IN SAID FEDERAL
7 INTEREST RATE DURING SUCH CALENDAR YEAR. NO PENALTIES SHALL BEAR
8 ANY INTEREST WHATSOEVER. THE PAYMENT OF INTEREST, AS AFORESAID,
9 SHALL NOT RELIEVE ANY PERSON[, ASSOCIATION, OR CORPORATION,]
10 FROM ANY OF THE PENALTIES, COMMISSIONS OR ADDITIONAL TAX
11 PRESCRIBED BY LAW FOR NEGLECT OR REFUSAL TO FURNISH TIMELY
12 RETURNS OR REPORTS TO THE DEPARTMENT OF REVENUE, OR TO PAY ANY
13 CLAIM DUE TO THE COMMONWEALTH FROM SUCH PERSON[, ASSOCIATION, OR
14 CORPORATION]. THE SECRETARY OF REVENUE SHALL[, FROM TIME TO
15 TIME,] PUBLISH THE RATE OF INTEREST [AND THE COMMENCEMENT DATE
16 THEREOF] FOR EACH CALENDAR YEAR IN THE PENNSYLVANIA BULLETIN. IN
17 THE CASE OF ANY TENTATIVE TAX, ESTIMATED TAX OR INSTALLMENT
18 PAYMENT, INTEREST SHALL RUN ON ANY UNPAID AMOUNT FROM THE LAST
19 DAY THE PAYMENT IS DUE TO THE DATE PAID. IN THE CASE OF TAX
20 WHICH IS RESETTLED AS A RESULT OF A FINAL CHANGE OR CORRECTION
21 OF TAXABLE INCOME BY THE COMMISSIONER OF INTERNAL REVENUE OR ANY
22 OTHER AGENCY OR COURT OF THE UNITED STATES, INTEREST SHALL BE
23 COMPUTED ON ANY ADDITIONAL TAX DUE FROM THIRTY (30) DAYS AFTER
24 THE CORPORATION RECEIVES NOTICE OF SUCH FINAL CHANGE OR
25 CORRECTION UNTIL PAID.
26 WHENEVER THE TAX LIABILITY OF A [TAXPAYER] PERSON IS SO
27 AFFECTED BY ANY PAYMENT OR CREDIT, SETTLEMENT OR RESETTLEMENT,
28 ASSESSMENT OR REASSESSMENT OR DETERMINATION OR REDETERMINATION
29 AS TO CHANGE THE INTEREST LIABILITY OF SUCH [TAXPAYER] PERSON,
30 SUCH INTEREST LIABILITY SHALL BE RECOMPUTED AND ADJUSTED BY THE
19810H1649B3761 - 13 -
1 DEPARTMENT OF REVENUE AND APPROVED BY THE DEPARTMENT OF THE
2 AUDITOR GENERAL IN CASES IN WHICH SAID LATTER DEPARTMENT IS
3 REQUIRED TO APPROVE SETTLEMENTS AND RESETTLEMENTS, SO AS TO
4 CORRESPOND TO THE TAX LIABILITY AS CHANGED, WITHOUT THE
5 NECESSITY FOR THE FILING OF ANY PETITION OR REQUEST BY [THE
6 TAXPAYER] SUCH PERSON OR BY SAID DEPARTMENTS.
7 SECTION 3. SECTION 806.1 OF THE ACT, AMENDED APRIL 8, 1982
8 (P.L.258, NO.78), IS AMENDED TO READ:
9 SECTION 806.1. INTEREST ON OVERPAYMENTS.--(A) [INTEREST]
10 "OVERPAYMENT" SHALL MEAN ANY PAYMENT OF TAX WHICH IS DETERMINED
11 IN THE MANNER PROVIDED BY LAW NOT TO BE LEGALLY DUE. SIMPLE
12 INTEREST SHALL BE ALLOWED AND PAID BY THE COMMONWEALTH UPON ANY
13 OVERPAYMENT TO THE COMMONWEALTH [OF ANY TAX. THE INTEREST SHALL <--
14 BE ALLOWED AND PAID FOR THE PERIOD DURING WHICH THE COMMONWEALTH
15 RETAINED THE OVERPAYMENT, BEGINNING WITH THE DATE OF THE
16 OVERPAYMENT, EXCEPT THAT:] FROM ONE YEAR AFTER THE RECEIPT OF A <--
17 VALID WRITTEN CLAIM OF OVERPAYMENT UNTIL THE DATE PRESCRIBED IN
18 SUBSECTION (C) OF THIS SECTION. A TAX RETURN OR REPORT WHICH
19 SHOWS ON ITS FACE A PAYMENT OR CREDIT IN EXCESS OF THE AMOUNT
20 DUE BY A PERSON SHALL, PER SE, BE DEEMED A WRITTEN CLAIM OF
21 OVERPAYMENT. IN ALL OTHER CASES, ANY CLAIM OF OVERPAYMENT MUST
22 BE EXPRESSLY MADE IN WRITING, SETTING FORTH SUCH INFORMATION AS
23 THE DEPARTMENT OF REVENUE MAY REASONABLY REQUIRE.
24 (1) ANY TAX ACTUALLY DEDUCTED AND WITHHELD AT THE SOURCE
25 SHALL BE DEEMED TO HAVE BEEN CLAIMED AS OVERPAID [ON] NO EARLIER <--
26 THAN THE LAST DAY PRESCRIBED FOR FILING THE RETURN OR REPORT FOR
27 THE TAXABLE YEAR (DETERMINED WITHOUT REGARD TO ANY EXTENSION OF
28 TIME FOR FILING)[;].
29 (2) ANY AMOUNT [OVERPAID] PAID AS ESTIMATED [OR] TAX, <--
30 TENTATIVE TAX OR INSTALLMENT PAYMENT FOR A TAXABLE YEAR SHALL BE
19810H1649B3761 - 14 -
1 DEEMED TO HAVE BEEN CLAIMED AS OVERPAID [ON] NO EARLIER THAN THE <--
2 LAST DAY PRESCRIBED FOR FILING THE FINAL RETURN OR REPORT FOR
3 THE TAXABLE YEAR (DETERMINED WITHOUT REGARD TO ANY EXTENSION OF
4 TIME FOR FILING)[;].
5 (3) ANY [OVERPAYMENT] PAYMENT MADE BEFORE THE LAST DAY <--
6 PRESCRIBED FOR PAYMENT SHALL NOT BE CONSIDERED [MADE ON THE] <--
7 CLAIMED AS OVERPAID PRIOR TO SAID LAST DAY[; AND].
8 [(4) ANY AMOUNT CLAIMED TO BE OVERPAID WITH RESPECT TO WHICH <--
9 AN ADMINISTRATIVE REVIEW OR APPELLATE PROCEDURE IS INITIATED IN
10 THE MANNER PROVIDED BY LAW BY THE TAXPAYER SHALL BE DEEMED TO
11 HAVE BEEN OVERPAID SIXTY (60) DAYS FOLLOWING THE DATE OF
12 INITIATION OF SAID REVIEW OR PROCEDURE.
13 (5) IF ANY OVERPAYMENT OF TAX IS REFUNDED OR CREDITED WITHIN
14 SIX (6) MONTHS AFTER THE LAST DATE PRESCRIBED FOR FILING THE
15 FINAL RETURN OR REPORT OF THE TAX (DETERMINED WITHOUT REGARD TO
16 ANY EXTENSION OF TIME FOR FILING) OR, IN CASE THE FINAL RETURN
17 OR REPORT IS FILED AFTER THE LAST DAY, AND IS REFUNDED OR
18 CREDITED WITHIN SIX (6) MONTHS AFTER THE DATE THE FINAL RETURN
19 OR REPORT IS FILED, NO INTEREST SHALL BE ALLOWED ON THE
20 OVERPAYMENT.] <--
21 (4) (6) ANY TAX PAID TO AN OFFICER, LICENSEE OR COLLECTOR
22 SHALL BE DEEMED TO HAVE BEEN CLAIMED AS OVERPAID NO EARLIER THAN <--
23 THE FIRST DATE THAT THE TAX IS REQUIRED BY LAW TO BE REPORTED
24 AND TRANSMITTED TO THE DEPARTMENT BY THE OFFICER, LICENSEE OR
25 COLLECTOR.
26 (5) SHOULD THE DEPARTMENT DETERMINE THAT AN OVERPAYMENT WAS <--
27 MADE BY A PERSON WHO HAS NOT PREVIOUSLY CLAIMED SUCH OVERPAYMENT
28 IN WRITING, THE DEPARTMENT SHALL NOTIFY SAID PERSON OF ITS
29 DETERMINATION AND CREDIT OR REFUND THE OVERPAYMENT AS HEREIN
30 PROVIDED, BUT WITHOUT THE PAYMENT OF INTEREST.
19810H1649B3761 - 15 -
1 (6) (7) NO OVERPAYMENT OF INTEREST OR PENALTY SHALL BEAR ANY
2 INTEREST WHATSOEVER.
3 (7) NO CLAIM FOR OVERPAYMENT SHALL BE DEEMED TO HAVE BEEN <--
4 MADE UNTIL THE REPORT OR RETURN PERTAINING THERETO IS FILED WITH
5 THE DEPARTMENT IN PROCESSIBLE FORM. "PROCESSIBLE FORM" SHALL
6 MEAN:
7 (I) THE REPORT OR RETURN IS FILED ON A PERMITTED FORM; AND
8 (II) THE REPORT OR RETURN CONTAINS:
9 (A) THE PERSON'S NAME, ADDRESS, IDENTIFYING NUMBER OR
10 NUMBERS REQUIRED OR ASSIGNED TO SAID PERSON BY THE DEPARTMENT,
11 AND THE REQUIRED SIGNATURE OR SIGNATURES; AND
12 (B) SUFFICIENT REQUIRED INFORMATION (WHETHER ON THE REPORT
13 OR RETURN OR ON REQUIRED ATTACHMENTS, SCHEDULES OR SUPPLEMENTS)
14 TO PERMIT THE MATHEMATICAL VERIFICATION OF THE TAX LIABILITY
15 SHOWN ON THE RETURN OR REPORT, AND TO PERMIT THE VERIFICATION OF
16 ALL CLAIMED CREDITS AND PAYMENTS WHICH SAID PERSON HAS APPLIED
17 AGAINST THE REPORTED TAX LIABILITY.
18 (B) INTEREST ON OVERPAYMENTS SHALL BE [COMPUTED AT A]
19 ALLOWED AND PAID AT THE SAME RATE [WHICH IS EQUAL TO THE RATE OF
20 INTEREST IMPOSED BY THE COMMONWEALTH ON UNDERPAYMENTS OF THE
21 SAME TAX FOR THE SAME PERIOD DURING WHICH THE COMMONWEALTH
22 RETAINED THE OVERPAYMENT] AS IS PRESCRIBED FOR UNDERPAYMENTS
23 UNDER SECTION 806.
24 (C) INTEREST ON OVERPAYMENTS SHALL [BE ALLOWED AND PAID AS <--
25 FOLLOWS] NOT BE ALLOWED OR PAID AFTER: <--
26 (1) IN THE CASE OF A CASH REFUND, [FROM THE DATE OF THE <--
27 OVERPAYMENT TO A DATE PRECEDING THE] A DATE WITHIN THIRTY (30) <--
28 DAYS OF THE DATE OF THE COMMONWEALTH'S REFUND CHECK [BY NOT MORE <--
29 THAN THIRTY (30) DAYS]. <--
30 (2) IN THE CASE OF A CREDIT [FOR AN OVERPAYMENT, FROM THE <--
19810H1649B3761 - 16 -
1 DATE OF THE OVERPAYMENT TO]: <--
2 (I) THE DATE [OF THE COMMONWEALTH'S NOTICE TO THE TAXPAYER <--
3 OF THE FINAL DETERMINATION OF THE CREDIT] THE CREDIT IS POSTED <--
4 TO THE PERSON'S ACCOUNT, AND NOTICE THEREOF IS MAILED TO SAID
5 PERSON, PROVIDED THE DEPARTMENT AGREES WITH THE AMOUNT OF CREDIT
6 CLAIMED BY SAID PERSON IN HIS WRITTEN CLAIM OF OVERPAYMENT; OR
7 [(II) THE DATE AS OF WHICH THE CREDIT IS APPLIED, WHICHEVER <--
8 FIRST OCCURS: PROVIDED, HOWEVER, THAT IN THE CASE OF A CASH
9 REFUND OF A PREVIOUSLY DETERMINED CREDIT, INTEREST SHALL BE
10 ALLOWED AND PAID ON THE AMOUNT OF THE CREDIT FROM A DATE NINETY
11 (90) DAYS AFTER THE FILING OF A PETITION FOR A CASH REFUND TO A
12 DATE PRECEDING THE DATE OF THE REFUND CHECK BY NOT MORE THAN
13 THIRTY (30) DAYS WHETHER OR NOT THE REFUND CHECK IS ACCEPTED BY
14 THE TAXPAYER AFTER TENDER TO THE TAXPAYER.
15 (3) THE TAXPAYER'S ACCEPTANCE OF THE COMMONWEALTH'S CHECK
16 SHALL BE WITHOUT PREJUDICE TO ANY RIGHT OF THE TAXPAYER TO CLAIM
17 ANY ADDITIONAL OVERPAYMENT AND INTEREST THEREON. TENDER OF A
18 REFUND CHECK SHALL BE DEEMED ACCEPTANCE THEREOF FOR THE PURPOSES
19 OF THIS SECTION.] <--
20 (II) THE DATE ON THE COMMONWEALTH'S NOTICE TO SAID PERSON IN
21 THOSE CASES WHERE THE DEPARTMENT INCREASES OR DECREASES THE
22 AMOUNT OF CREDIT CLAIMED BY SAID PERSON IN HIS WRITTEN CLAIM OF
23 OVERPAYMENT; OR
24 (III) THE DATE THE CREDIT IS APPLIED IN PAYMENT OF A TAX OR
25 OTHER CLAIM OWED BY SAID PERSON.
26 (3) WHERE AN ADMINISTRATIVE BOARD OR A COURT OF COMPETENT
27 JURISDICTION ENTERS AN ORDER DETERMINING THAT AN OVERPAYMENT HAS
28 BEEN MADE, THE DATE THAT THE ORDER BECOMES FINAL.
29 (D) THE ENTRY OR APPLICATION OF A CREDIT AS AFORESAID, OR A
30 PERSONS'S ACCEPTANCE OF THE COMMONWEALTH'S CHECK SHALL BE
19810H1649B3761 - 17 -
1 WITHOUT PREJUDICE TO ANY RIGHT OF SAID PERSON TO CLAIM ANY
2 ADDITIONAL OVERPAYMENT AND INTEREST THEREON. TENDER OF A REFUND
3 CHECK SHALL BE DEEMED ACCEPTANCE THEREOF FOR THE PURPOSES OF
4 THIS SECTION.
5 SECTION 4. SECTION 1108 OF THE ACT, AMENDED APRIL 8, 1982
6 (P.L.258, NO.78), IS AMENDED TO READ:
7 SECTION 1108. PAYMENT [OF ACCOUNTS] OR CREDIT; EFFECT UPON
8 RIGHT OF RESETTLEMENT, REVIEW, AND APPEAL.--(A) ANY PERSON,
9 [ASSOCIATION, CORPORATION,] PUBLIC OFFICER, OR OTHER DEBTOR WHO
10 [OR WHICH] IS REQUIRED TO MAKE TO THE DEPARTMENT OF REVENUE A
11 RETURN OR REPORT UPON THE BASIS OF WHICH ANY TAX, OR OTHER
12 CHARGE IS OR WILL BE SETTLED, DETERMINED OR ASSESSED, SHALL HAVE
13 THE RIGHT AT ANY TIME, TO PAY TO THE DEPARTMENT OF REVENUE ALL
14 OR ANY PART OF THE AMOUNT OF ANY TAX, PENALTY, ADDITIONAL TAX,
15 OR OTHER CHARGE DUE OR DEEMED BY HIM[, IT, OR THEM] TO BE DUE,
16 WITH INTEREST, IF ANY, AS IS THEN DUE AND PAYABLE FOR THE
17 PURPOSE OF STOPPING THE RUNNING OF FURTHER INTEREST THEREON,
18 WITHOUT PREJUDICE TO HIS[, ITS, OR THEIR] RIGHT TO PRESENT AND
19 PROSECUTE A PETITION FOR REVIEW, RESETTLEMENT, REASSESSMENT OR
20 REDETERMINATION TO THE DEPARTMENT OF REVENUE, A PETITION [FOR
21 REVIEW] TO THE BOARD OF FINANCE AND REVENUE, [A PETITION FOR
22 CREDIT OR REFUND,] OR AN APPEAL TO [THE COMMONWEALTH COURT OF <--
23 PENNSYLVANIA,] A COURT OF COMPETENT JURISDICTION, IN THE MANNER <--
24 AND WITHIN THE TIMES PROVIDED BY LAW.
25 (B) SHOULD THE DEPARTMENT, THE BOARD OF FINANCE AND REVENUE <--
26 OR ANY OTHER DEPARTMENT, ADMINISTRATIVE BOARD, AGENCY OR COURT
27 OF COMPETENT JURISDICTION, FIND THAT AN ALLOWANCE OR APPLICATION
28 OF A TAX CREDIT OR INTEREST THEREON OR PAYMENT OF A CASH REFUND
29 OR INTEREST THEREON WAS MISTAKENLY MADE, THE COMMONWEALTH MAY,
30 WITHIN THREE (3) YEARS OF THE DATE OF SAID ERRONEOUS ALLOWANCE,
19810H1649B3761 - 18 -
1 APPLICATION OR REFUND, AND IN THE CASE OF FRAUD AT ANY TIME,
2 MAKE SUCH SETTLEMENT, ASSESSMENT OR DETERMINATION, OR ENTER SUCH
3 ORDER OR JUDGMENT AS WOULD BE APPROPRIATE.
4 [(B)] (C) (1) WHENEVER THE [PRINCIPAL] AMOUNT DUE UPON A <--
5 SETTLEMENT, ASSESSMENT[,] OR DETERMINATION[,] [RESETTLEMENT, <--
6 REASSESSMENT, OR REDETERMINATION, OR THE PRINCIPAL AMOUNT
7 DETERMINED TO BE DUE UPON A PETITION TO] OR DECISION BY THE
8 DEPARTMENT, THE BOARD OF FINANCE AND REVENUE[,] OR ANY OTHER
9 DEPARTMENT, ADMINISTRATIVE BOARD, AGENCY OR COURT OF COMPETENT
10 JURISDICTION IS LESS THAN THE [PRINCIPAL] AMOUNT PAID TO THE
11 DEPARTMENT OF REVENUE[,] ON ACCOUNT THEREOF, [AND THE PERSON, <--
12 [ASSOCIATION, CORPORATION,] PUBLIC OFFICER, OR OTHER DEBTOR <--
13 AGAINST WHOM SUCH SETTLEMENT, ASSESSMENT OR DETERMINATION HAS
14 BEEN MADE IS SATISFIED THEREWITH, OR WHENEVER THE [PRINCIPAL] <--
15 AMOUNT[,] DUE UPON THE FINAL JUDGMENT ENTERED ON ANY APPEAL[,] <--
16 IS LESS THAN THE [PRINCIPAL] AMOUNT PAID TO THE DEPARTMENT OF <--
17 REVENUE ON ACCOUNT THEREOF,] THE DEPARTMENT OF REVENUE SHALL <--
18 ENTER A CREDIT IN THE AMOUNT OF SUCH DIFFERENCE TO THE ACCOUNT
19 OF [SUCH] THE PERSON, [ASSOCIATION, CORPORATION,] PUBLIC
20 OFFICER, OR OTHER DEBTOR ENTITLED THERETO.
21 [SUCH] (2) THE CREDIT MAY BE APPLIED BY THE COMMONWEALTH OR
22 USED BY THE PERSON, [ASSOCIATION, CORPORATION,] PUBLIC OFFICER,
23 OR OTHER DEBTOR[,] TO WHOSE ACCOUNT IT IS ENTERED[,] IN PAYMENT
24 OF ANY TAX OR OTHER CLAIM WHICH MAY BE OR BECOME DUE FROM HIM[,
25 IT, OR THEM,] TO THE COMMONWEALTH[; AND IF ALL SUCH CHARGES].
26 (3) IF ALL OBLIGATIONS DUE THE COMMONWEALTH HAVE BEEN FULLY
27 PAID, ANY [REMAINING] CREDIT MAY BE ASSIGNED BY THE PERSON,
28 PUBLIC OFFICER OR OTHER DEBTOR TO WHOSE ACCOUNT IT IS ENTERED TO
29 ANY OTHER PERSON, [ASSOCIATION, CORPORATION,] PUBLIC OFFICER, OR
30 [OTHER] DEBTOR, AND [SUCH] THE ASSIGNEE MAY USE IT IN PAYMENT OF
19810H1649B3761 - 19 -
1 ANY [SUCH] OBLIGATION [TO] DUE THE COMMONWEALTH [OR THE
2 REMAINING].
3 (4) IF ALL OBLIGATIONS DUE THE COMMONWEALTH HAVE BEEN FULLY
4 PAID, ANY CREDIT SHALL BE REFUNDED IN CASH BY THE DEPARTMENT OF
5 REVENUE WITHIN NINETY (90) DAYS FOLLOWING RECEIPT BY THE <--
6 DEPARTMENT OF A PROPER WRITTEN APPLICATION FOR A CASH REFUND TO
7 [UPON APPLICATION OF] THE PERSON, [ASSOCIATION, CORPORATION,] <--
8 PUBLIC OFFICER OR OTHER [PERSON] DEBTOR ENTITLED THERETO. SUCH <--
9 APPLICATION SHALL BE DEEMED TO HAVE BEEN RECEIVED NO EARLIER
10 THAN THE DATE THE CREDIT IS ENTERED BY THE DEPARTMENT UNDER
11 PARAGRAPH (1). SUCH REFUNDS SHALL NOT REQUIRE THE APPROVAL OF
12 THE BOARD OF FINANCE AND REVENUE. SHOULD THE DEPARTMENT FAIL TO
13 MAKE SUCH CASH REFUND WITHIN THE NINETY (90)-DAY PERIOD AFTER
14 RECEIPT OF A PROPER WRITTEN APPLICATION FOR A CASH REFUND,
15 INTEREST SHALL RECOMMENCE ON SUCH CREDIT ON THE NINETY-FIRST
16 (91) DAY AND SHALL CONTINUE UNTIL A DATE WITHIN THIRTY (30) DAYS
17 OF THE DATE OF THE COMMONWEALTH'S REFUND CHECK.
18 (5) THE DEPARTMENT OF REVENUE IS AUTHORIZED TO PRESCRIBE
19 REGULATIONS PROVIDING FOR THE PAYMENT OF REFUNDS. SO MUCH OF THE
20 PROCEEDS OF THE VARIOUS TAXES, AS SHALL BE NECESSARY FOR THE
21 PAYMENT OF REFUNDS OUT OF THE GENERAL OR SPECIAL FUNDS SHALL BE
22 AUTHORIZED BY THE GOVERNOR.
23 SECTION 5. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ: <--
24 ARTICLE XIII.1
25 DISPOSITION OF ABANDONED AND UNCLAIMED PROPERTY
26 SECTION 1301.1. DEFINITIONS.--AS USED IN THIS ARTICLE,
27 UNLESS THE CONTEXT OTHERWISE REQUIRES:
28 "BUSINESS ASSOCIATION" SHALL INCLUDE ANY CORPORATION (OTHER
29 THAN A PUBLIC CORPORATION), JOINT STOCK COMPANY, BUSINESS TRUST,
30 PARTNERSHIP OR ANY ASSOCIATION OF TWO (2) OR MORE INDIVIDUALS
19810H1649B3761 - 20 -
1 FOR BUSINESS PURPOSES, WHETHER ORGANIZED OR OPERATED UNDER STATE
2 OR FEDERAL LAW.
3 "FINANCIAL INSTITUTION" SHALL INCLUDE A BANK, A PRIVATE BANK,
4 A BANK AND TRUST COMPANY, A SAVINGS ASSOCIATION, A SAVINGS BANK,
5 A TRUST COMPANY, A SAVINGS AND LOAN ASSOCIATION, A BUILDING AND
6 LOAN ASSOCIATION, A CREDIT UNION, AND ANY ISSUER OF TRAVELERS
7 CHECKS, MONEY ORDERS, OR SIMILAR MONETARY OBLIGATIONS OR
8 COMMITMENTS, WHETHER ORGANIZED OR OPERATED UNDER STATE OR
9 FEDERAL LAW.
10 "HOLDER" SHALL INCLUDE ANY PERSON IN POSSESSION OF PROPERTY
11 SUBJECT TO THIS ARTICLE BELONGING TO ANOTHER, OR WHO IS A
12 TRUSTEE IN CASE OF A TRUST, OR IS INDEBTED TO ANOTHER ON AN
13 OBLIGATION SUBJECT TO THIS ARTICLE OR ANY FINANCIAL INSTITUTION
14 WHICH HAS PAID AMOUNTS AND SUMS TO THE SECRETARY UNDER
15 SUBSECTION (C) OF SECTION 1301.13 OF THIS ARTICLE.
16 "INSURER" SHALL INCLUDE ANY PERSON AUTHORIZED TO CONDUCT AN
17 INSURANCE BUSINESS UNDER THE LAWS OF THIS COMMONWEALTH OR UNDER
18 THE LAWS OF ANY OTHER JURISDICTION.
19 "OWNER" SHALL INCLUDE A DEPOSITOR IN CASE OF A DEPOSIT, A
20 CREDITOR, CLAIMANT, OR PAYEE IN CASE OF OTHER CHOSES IN ACTION,
21 OR ANY OTHER PERSON HAVING A LEGAL OR EQUITABLE INTEREST IN
22 PROPERTY SUBJECT TO THIS ARTICLE, OR HIS LEGAL REPRESENTATIVE.
23 "PERSON" SHALL INCLUDE ANY INDIVIDUAL, BUSINESS ASSOCIATION,
24 GOVERNMENT, OR POLITICAL SUBDIVISION, PUBLIC CORPORATION, PUBLIC
25 AUTHORITY, ESTATE, TRUST, TWO (2) OR MORE PERSONS HAVING A JOINT
26 OR COMMON INTEREST, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY.
27 "PROPERTY" SHALL INCLUDE ALL REAL AND PERSONAL PROPERTY,
28 TANGIBLE OR INTANGIBLE, ALL LEGAL AND EQUITABLE INTERESTS
29 THEREIN, TOGETHER WITH ANY INCOME, ACCRETIONS, OR PROFITS
30 THEREOF AND THEREON, AND ALL OTHER RIGHTS TO PROPERTY, SUBJECT
19810H1649B3761 - 21 -
1 TO ALL LEGAL DEMANDS ON THE SAME.
2 "SECRETARY" SHALL MEAN THE SECRETARY OF REVENUE OF THE
3 COMMONWEALTH OF PENNSYLVANIA.
4 "UTILITY" SHALL INCLUDE ANY PERSON WHO OWNS OR OPERATES, FOR
5 PUBLIC USE, ANY PLANT, EQUIPMENT, PROPERTY, FRANCHISE, OR
6 LICENSE FOR THE TRANSMISSION OF COMMUNICATIONS, OR THE
7 PRODUCTION, STORAGE, TRANSMISSION, SALE, DELIVERY, OR FURNISHING
8 OF ELECTRICITY, WATER, STEAM OR GAS.
9 SECTION 1301.2. ABANDONED AND UNCLAIMED PROPERTY SUBJECT TO
10 CUSTODY AND CONTROL OF THE COMMONWEALTH.--(A) ALL ABANDONED AND
11 UNCLAIMED PROPERTY AS HEREAFTER SET FORTH IS SUBJECT TO THE
12 CUSTODY AND CONTROL OF THE COMMONWEALTH:
13 1. IF IT IS TANGIBLE AND PHYSICALLY LOCATED WITHIN THE
14 COMMONWEALTH; OR
15 2. IF IT IS INTANGIBLE, AND (I) THE LAST KNOWN ADDRESS OF
16 THE OWNER, AS SHOWN BY THE RECORDS OF THE HOLDER, IS WITHIN THE
17 COMMONWEALTH; OR (II) THE LAST KNOWN ADDRESS OF THE OWNER AS
18 SHOWN BY THE RECORDS OF THE HOLDER IS WITHIN A JURISDICTION, THE
19 LAWS OF WHICH DO NOT PROVIDE FOR THE ESCHEAT OR CUSTODIAL TAKING
20 OF SUCH PROPERTY, AND THE DOMICILE OF THE HOLDER IS WITHIN THE
21 COMMONWEALTH; OR (III) NO ADDRESS OF THE OWNER APPEARS ON THE
22 RECORDS OF THE HOLDER AND THE DOMICILE OF THE HOLDER IS WITHIN
23 THE COMMONWEALTH. WHERE THE RECORDS OF THE HOLDER DO NOT SHOW A
24 LAST KNOWN ADDRESS OF THE OWNER OF A TRAVELERS CHECK OR MONEY
25 ORDER IT SHALL BE PRESUMED THAT THE STATE IN WHICH THE TRAVELERS
26 CHECK OR MONEY ORDER WAS ISSUED IS THE STATE OF THE LAST KNOWN
27 ADDRESS OF THE OWNER; OR (IV) NO ADDRESS OF THE OWNER APPEARS ON
28 THE RECORDS OF THE HOLDER AND THE DOMICILE OF THE HOLDER IS NOT
29 WITHIN THE COMMONWEALTH, BUT IT IS PROVED THAT THE LAST KNOWN
30 ADDRESS OF THE OWNER IS IN THE COMMONWEALTH.
19810H1649B3761 - 22 -
1 (B) PROPERTY IS PAYABLE OR DISTRIBUTABLE FOR THE PURPOSE OF
2 THIS ARTICLE NOTWITHSTANDING THE OWNER'S FAILURE TO MAKE DEMAND
3 OR TO PRESENT ANY INSTRUMENT OR DOCUMENT OTHERWISE REQUIRED TO
4 RECEIVE PAYMENT.
5 SECTION 1301.3. PROPERTY HELD BY FINANCIAL INSTITUTIONS.--
6 THE FOLLOWING PROPERTY HELD OR OWING BY A FINANCIAL INSTITUTION
7 IS PRESUMED ABANDONED AND UNCLAIMED:
8 1. ANY DEMAND, SAVING OR MATURED TIME DEPOSIT IN A FINANCIAL
9 INSTITUTION, OR ANY FUNDS PAID TOWARD THE PURCHASE OF SHARES OR
10 OTHER INTEREST IN A SAVINGS ASSOCIATION, SAVINGS AND LOAN OR
11 BUILDING AND LOAN ASSOCIATION, EXCLUDING ANY CHARGES THAT MAY
12 LAWFULLY BE WITHHELD, UNLESS WITHIN THE PRECEDING FIVE (5) YEARS
13 THE OWNER HAS:
14 (I) INCREASED THE AMOUNT OF THE DEPOSIT, SHARES, OR CLAIM,
15 OTHERWISE THAN BY THE CREDITING OF ACCRUED INTEREST, OR
16 DECREASED IT, OR PRESENTED TO THE HOLDER EVIDENCE OF THE
17 DEPOSIT, SHARES OR CLAIM; OR
18 (II) CORRESPONDED IN WRITING WITH THE HOLDER CONCERNING THE
19 DEPOSIT, SHARES OR CLAIM; OR
20 (III) OTHERWISE INDICATED AN INTEREST IN THE DEPOSIT, SHARES
21 OR CLAIM AS EVIDENCED BY A WRITING ON FILE WITH THE HOLDER.
22 2. A DEPOSIT UNDER CLAUSE 1 SHALL INCLUDE ANY INTEREST OR
23 DIVIDEND WHICH THE FINANCIAL INSTITUTION WOULD PAY TO THE OWNER
24 UPON CLAIM THEREFOR. THE CHARGES WHICH MAY BE EXCLUDED HEREUNDER
25 SHALL NOT INCLUDE ANY CHARGE DUE TO INACTIVITY IMPOSED, DIRECTLY
26 OR INDIRECTLY, AFTER DECEMBER 31, 1981 UNLESS THERE IS A VALID
27 AND ENFORCEABLE WRITTEN CONTRACT BETWEEN THE FINANCIAL
28 INSTITUTION AND THE OWNER OF THE DEPOSIT PURSUANT TO WHICH THE
29 FINANCIAL INSTITUTION MAY IMPOSE SAID CHARGE.
30 3. ANY SUM PAYABLE ON CHECKS OR ON WRITTEN INSTRUMENTS
19810H1649B3761 - 23 -
1 INCLUDING, BUT NOT LIMITED TO, DRAFTS, MONEY ORDERS AND
2 TRAVELERS CHECKS, ON WHICH A FINANCIAL INSTITUTION IS DIRECTLY
3 LIABLE, AND (I) WHICH HAVE BEEN OUTSTANDING FOR MORE THAN FIVE
4 (5) YEARS, OR IN THE CASE OF TRAVELERS CHECKS, FIFTEEN (15)
5 YEARS, FROM THE DATE PAYABLE, OR FROM THE DATE OF ISSUANCE IF
6 PAYABLE ON DEMAND; AND (II) THE OWNER, OF WHICH HAS NOT WRITTEN
7 TO THE FINANCIAL INSTITUTION CONCERNING IT, NOR OTHERWISE
8 INDICATED AN INTEREST AS EVIDENCED BY A WRITING ON FILE WITH THE
9 FINANCIAL INSTITUTION.
10 4. ANY FUNDS OR OTHER PERSONAL PROPERTY, TANGIBLE OR
11 INTANGIBLE, REMOVED FROM A SAFE DEPOSIT BOX OR ANY OTHER
12 SAFEKEEPING REPOSITORY IN THE COMMONWEALTH ON WHICH THE LEASE OR
13 RENTAL PERIOD HAS EXPIRED DUE TO NONPAYMENT OF RENTAL CHARGES OR
14 OTHER REASON, OR ANY SURPLUS AMOUNTS ARISING FROM THE SALE
15 THEREOF PURSUANT TO LAW, IF THE SAME HAS NOT BEEN CLAIMED BY THE
16 OWNER FOR MORE THAN SEVEN (7) YEARS FROM THE DATE ON WHICH THE
17 RENTAL PERIOD EXPIRED.
18 SECTION 1301.4. PROPERTY HELD BY INSURERS.--(A) IN THE CASE
19 OF LIFE INSURANCE, THE FOLLOWING PROPERTY HELD OR OWING BY AN
20 INSURER IS PRESUMED ABANDONED AND UNCLAIMED:
21 1. ANY MONEYS HELD OR OWING BY AN INSURER AS ESTABLISHED BY
22 ITS RECORDS UNDER ANY CONTRACT OF ANNUITY OR POLICY OF LIFE
23 INSURANCE INCLUDING PREMIUMS RETURNABLE OR DIVIDENDS PAYABLE,
24 UNCLAIMED AND UNPAID FOR MORE THAN SEVEN (7) YEARS AFTER THE
25 MONEYS HAVE OR SHALL BECOME DUE AND PAYABLE UNDER THE PROVISIONS
26 OF SUCH CONTRACT OF ANNUITY OR POLICY OF INSURANCE. A LIFE
27 INSURANCE POLICY NOT MATURED BY ACTUAL PROOF OF THE DEATH OF THE
28 INSURED IS DEEMED TO BE MATURED AND THE PROCEEDS THEREOF ARE
29 DEEMED TO BE DUE AND PAYABLE IF SUCH POLICY WAS IN FORCE WHEN
30 THE INSURED ATTAINED THE LIMITING AGE UNDER THE MORTALITY TABLE
19810H1649B3761 - 24 -
1 ON WHICH THE RESERVE IS BASED, UNLESS THE PERSON APPEARING
2 ENTITLED THERETO HAS WITHIN THE PRECEDING SEVEN (7) YEARS, (I)
3 ASSIGNED, READJUSTED, OR PAID PREMIUMS ON THE POLICY, OR
4 SUBJECTED THE POLICY TO LOAN, OR (II) CORRESPONDED IN WRITING
5 WITH THE INSURER CONCERNING THE POLICY.
6 2. IF A PERSON OTHER THAN THE INSURED OR ANNUITANT IS
7 ENTITLED TO THE FUNDS AND NO ADDRESS OF SUCH PERSON IS KNOWN TO
8 THE INSURER OR IF IT IS NOT DEFINITE AND CERTAIN FROM THE
9 RECORDS OF THE INSURER WHAT PERSON IS ENTITLED TO THE FUNDS, IT
10 IS PRESUMED THAT THE LAST KNOWN ADDRESS OF THE PERSON ENTITLED
11 TO THE FUNDS IS THE SAME AS THE LAST KNOWN ADDRESS OF THE
12 INSURED OR ANNUITANT ACCORDING TO THE RECORDS OF THE INSURER.
13 3. MONEYS OTHERWISE PAYABLE ACCORDING TO THE RECORDS OF THE
14 INSURER ARE DEEMED DUE AND PAYABLE ALTHOUGH THE POLICY OR
15 CONTRACT HAS NOT BEEN SURRENDERED AS REQUIRED.
16 (B) IN THE CASE OF INSURANCE OTHER THAN LIFE INSURANCE, THE
17 FOLLOWING PROPERTY HELD OR OWING BY AN INSURER IS PRESUMED
18 ABANDONED AND UNCLAIMED:
19 1. ANY MONEYS HELD OR OWING BY AN INSURER AS ESTABLISHED BY
20 ITS RECORDS UNDER ANY CONTRACT OF INSURANCE OTHER THAN ANNUITY
21 OR LIFE INSURANCE, INCLUDING PREMIUMS OR DEPOSITS RETURNABLE OR
22 DIVIDENDS PAYABLE TO POLICY OR CONTRACT HOLDERS OR OTHER PERSONS
23 ENTITLED THERETO, UNCLAIMED AND UNPAID FOR MORE THAN SEVEN (7)
24 YEARS AFTER THE MONEYS HAVE OR SHALL BECOME DUE AND PAYABLE
25 UNDER THE PROVISIONS OF SUCH CONTRACTS OF INSURANCE.
26 2. IF A PERSON OTHER THAN THE INSURED, THE PRINCIPAL, OR THE
27 CLAIMANT IS ENTITLED TO THE FUNDS AND NO ADDRESS OF SUCH PERSON
28 IS KNOWN TO THE INSURER OR IF IT IS NOT DEFINITE AND CERTAIN
29 FROM THE RECORDS OF THE INSURER WHAT PERSON IS ENTITLED TO THE
30 FUNDS, IT IS PRESUMED THAT THE LAST KNOWN ADDRESS OF THE PERSON
19810H1649B3761 - 25 -
1 ENTITLED TO THE FUNDS IS THE SAME AS THE LAST KNOWN ADDRESS OF
2 THE INSURED, THE PRINCIPAL, OR THE CLAIMANT ACCORDING TO THE
3 RECORDS OF THE INSURER.
4 SECTION 1301.5. PROPERTY HELD BY UTILITIES.--THE FOLLOWING
5 FUNDS HELD OR OWING BY ANY UTILITY ARE PRESUMED ABANDONED AND
6 UNCLAIMED:
7 1. ANY CUSTOMER ADVANCE, TOLL, DEPOSIT, OR COLLATERAL
8 SECURITY OR ANY OTHER PROPERTY HELD BY ANY UTILITY IF UNDER THE
9 TERMS OF AN AGREEMENT THE ADVANCE, TOLL, DEPOSIT, COLLATERAL
10 SECURITY OR OTHER PROPERTY IS DUE TO OR DEMANDABLE BY THE OWNER
11 AND HAS REMAINED UNCLAIMED FOR SEVEN (7) YEARS OR MORE FROM THE
12 DATE WHEN IT FIRST BECAME DUE TO OR DEMANDABLE BY THE OWNER
13 UNDER THE AGREEMENT.
14 2. ANY SUM WHICH A UTILITY HAS BEEN ORDERED TO REFUND, LESS
15 ANY LAWFUL DEDUCTIONS, AND WHICH HAS REMAINED UNCLAIMED BY THE
16 PERSON APPEARING ON THE RECORDS OF THE UTILITY ENTITLED THERETO
17 FOR TWO (2) YEARS OR MORE AFTER THE DATE IT BECAME PAYABLE IN
18 ACCORDANCE WITH THE FINAL ORDER PROVIDING FOR THE REFUND.
19 SECTION 1301.6. PROPERTY HELD BY BUSINESS ASSOCIATIONS.--THE
20 FOLLOWING PROPERTY HELD OR OWING BY A BUSINESS ASSOCIATION IS
21 PRESUMED ABANDONED AND UNCLAIMED:
22 1. THE CONSIDERATION PAID FOR A GIFT CERTIFICATE WHICH HAS
23 REMAINED UNREDEEMED FOR TWO (2) YEARS OR MORE AFTER ITS
24 REDEMPTION PERIOD HAS EXPIRED OR FOR SEVEN (7) YEARS OR MORE
25 FROM THE DATE OF ISSUANCE IF NO REDEMPTION PERIOD IS SPECIFIED.
26 2. ANY CERTIFICATE OF STOCK OR PARTICIPATING RIGHT IN A
27 BUSINESS ASSOCIATION, FOR WHICH A CERTIFICATE HAS BEEN ISSUED OR
28 IS ISSUABLE BUT HAS NOT BEEN DELIVERED, WHENEVER THE OWNER
29 THEREOF HAS NOT CLAIMED SUCH PROPERTY, OR CORRESPONDED IN
30 WRITING WITH THE BUSINESS ASSOCIATION CONCERNING IT, WITHIN
19810H1649B3761 - 26 -
1 SEVEN (7) YEARS AFTER THE DATE PRESCRIBED FOR DELIVERY OF THE
2 PROPERTY TO THE OWNER.
3 3. ANY SUM DUE AS A DIVIDEND, PROFIT, DISTRIBUTION, PAYMENT
4 OR DISTRIBUTIVE SHARE OF PRINCIPAL HELD OR OWING BY A BUSINESS
5 ASSOCIATION, WHENEVER THE OWNER HAS NOT CLAIMED SUCH SUM OR
6 CORRESPONDED IN WRITING WITH THE BUSINESS ASSOCIATION CONCERNING
7 IT WITHIN SEVEN (7) YEARS AFTER THE DATE PRESCRIBED FOR PAYMENT
8 OR DELIVERY.
9 4. ANY SUM DUE AS PRINCIPAL OR INTEREST ON THE BUSINESS
10 ASSOCIATION'S BONDS OR DEBENTURES, OR COUPONS ATTACHED THERETO,
11 WHENEVER THE OWNER HAS NOT CLAIMED SUCH SUM OR CORRESPONDED IN
12 WRITING WITH THE BUSINESS ASSOCIATION CONCERNING IT WITHIN SEVEN
13 (7) YEARS AFTER THE DATE PRESCRIBED FOR PAYMENT.
14 5. ANY SUM OR CERTIFICATE OR PARTICIPATING RIGHT DUE BY A
15 COOPERATIVE TO A PARTICIPATING PATRON, WHENEVER THE OWNER HAS
16 NOT CLAIMED SUCH PROPERTY, OR CORRESPONDED WITH THE COOPERATIVE
17 CONCERNING THE SAME WITHIN SEVEN (7) YEARS AFTER THE DATE
18 PRESCRIBED FOR PAYMENT OR DELIVERY.
19 SECTION 1301.7. PROPERTY HELD IN THE COURSE OF DISSOLUTION
20 OF BUSINESS ASSOCIATIONS, FINANCIAL INSTITUTIONS, INSURERS AND
21 UTILITIES.--THE FOLLOWING PROPERTY HELD IN THE COURSE OF
22 DISSOLUTION OF A BUSINESS ASSOCIATION, FINANCIAL INSTITUTION,
23 INSURER OR UTILITY IS PRESUMED ABANDONED AND UNCLAIMED:
24 ANY PROPERTY DISTRIBUTABLE IN THE COURSE OF DISSOLUTION OF A
25 BUSINESS ASSOCIATION, FINANCIAL INSTITUTION, INSURER OR UTILITY
26 ORGANIZED UNDER THE LAWS OF OR CREATED IN THE COMMONWEALTH,
27 UNCLAIMED BY THE OWNER WITHIN TWO (2) YEARS AFTER THE DATE FOR
28 FINAL DISTRIBUTION.
29 SECTION 1301.8. PROPERTY HELD BY FIDUCIARIES.--THE FOLLOWING
30 PROPERTY HELD BY FIDUCIARIES IS PRESUMED ABANDONED AND
19810H1649B3761 - 27 -
1 UNCLAIMED:
2 ALL PROPERTY HELD IN A FIDUCIARY CAPACITY FOR THE BENEFIT OF
3 ANOTHER PERSON, UNLESS THE OWNER WITHIN SEVEN (7) YEARS AFTER IT
4 HAS OR SHALL BECOME PAYABLE OR DISTRIBUTABLE HAS INCREASED OR
5 DECREASED THE PRINCIPAL, ACCEPTED PAYMENT OF PRINCIPAL OR
6 INCOME, CORRESPONDED IN WRITING CONCERNING THE PROPERTY OR
7 OTHERWISE INDICATED AN INTEREST THEREIN AS EVIDENCED BY A
8 WRITING ON FILE WITH THE FIDUCIARY.
9 SECTION 1301.9. PROPERTY HELD BY COURTS AND PUBLIC OFFICERS
10 AND AGENCIES.--THE FOLLOWING PROPERTY IS PRESUMED ABANDONED AND
11 UNCLAIMED:
12 1. EXCEPT AS PROVIDED IN CLAUSE 2, ALL PROPERTY HELD FOR THE
13 OWNER BY ANY COURT, PUBLIC CORPORATION, PUBLIC AUTHORITY OR
14 INSTRUMENTALITY OF THE UNITED STATES, THE COMMONWEALTH, OR ANY
15 OTHER STATE, OR BY A PUBLIC OFFICER OR POLITICAL SUBDIVISION
16 THEREOF, UNCLAIMED BY THE OWNER FOR MORE THAN SEVEN (7) YEARS
17 FROM THE DATE IT FIRST BECAME DEMANDABLE OR DISTRIBUTABLE.
18 2. BICYCLES HELD FOR THE OWNER BY A MUNICIPALITY UNCLAIMED
19 BY THE OWNER FOR MORE THAN NINETY (90) DAYS FROM THE DATE IT
20 FIRST BECAME DEMANDABLE OR DISTRIBUTABLE.
21 3. THE BICYCLES HELD PURSUANT TO CLAUSE 2 MAY BE DISPOSED OF
22 BY THE MUNICIPALITY AT PUBLIC AUCTION AT SUCH TIME AND PLACE AS
23 MAY BE DESIGNATED BY THE MUNICIPALITY OR THE GOVERNING BODY MAY,
24 BY RESOLUTION, DONATE THE BICYCLES TO A CHARITABLE ORGANIZATION.
25 ANY PROCEEDS FROM THE SALE OF THE BICYCLES SHALL BE RETAINED BY
26 THE MUNICIPALITY AND USED FOR MUNICIPAL PURPOSES.
27 4. BICYCLES HELD BY OR ACQUIRED BY THE COMMONWEALTH FOR
28 NINETY (90) DAYS MAY BE DISPOSED OF AT PUBLIC AUCTION AT SUCH
29 TIME AND PLACE AS MAY BE DESIGNATED BY THE SECRETARY OF REVENUE.
30 PROCEEDS OF SUCH SALE OR SALES SHALL BE DEPOSITED IN THE GENERAL
19810H1649B3761 - 28 -
1 FUND.
2 SECTION 1301.10. MISCELLANEOUS PROPERTY HELD FOR OR OWING TO
3 ANOTHER.--THE FOLLOWING PROPERTY, HELD OR OWING TO ANY OWNER, IS
4 PRESUMED ABANDONED AND UNCLAIMED:
5 ALL PROPERTY, NOT OTHERWISE COVERED BY THIS ARTICLE, THAT IS
6 ADMITTED IN WRITING BY THE HOLDER AND ADJUDICATED TO BE DUE,
7 THAT IS HELD OR OWING IN THE ORDINARY COURSE OF THE HOLDER'S
8 BUSINESS, AND THAT HAS REMAINED UNCLAIMED BY THE OWNER FOR MORE
9 THAN SEVEN (7) YEARS AFTER IT BECAME PAYABLE OR DISTRIBUTABLE IS
10 PRESUMED ABANDONED AND UNCLAIMED.
11 SECTION 1301.11. REPORT OF PROPERTY SUBJECT TO CUSTODY AND
12 CONTROL OF THE COMMONWEALTH UNDER THIS ARTICLE.--(A) EVERY
13 PERSON HOLDING PROPERTY WHICH BECAME SUBJECT TO CUSTODY AND
14 CONTROL OF THE COMMONWEALTH UNDER THIS ARTICLE DURING THE
15 PRECEDING YEAR SHALL REPORT TO THE SECRETARY AS HEREINAFTER
16 PROVIDED.
17 (B) THE REPORT SHALL BE VERIFIED AND SHALL INCLUDE:
18 1. EXCEPT WITH RESPECT TO TRAVELERS CHECKS AND MONEY ORDERS,
19 THE NAME, IF KNOWN, AND LAST KNOWN ADDRESS, IF ANY, OF EACH
20 PERSON APPEARING FROM THE RECORDS OF THE HOLDER TO BE THE OWNER
21 OF ANY PROPERTY OF THE VALUE OF TWENTY-FIVE DOLLARS ($25) OR
22 MORE;
23 2. THE NATURE AND IDENTIFYING NUMBER, IF ANY, OR DESCRIPTION
24 OF THE PROPERTY AND THE AMOUNT APPEARING FROM THE RECORDS TO BE
25 DUE, EXCEPT THAT ITEMS OF VALUE UNDER TWENTY-FIVE DOLLARS ($25)
26 EACH MAY BE REPORTED IN THE AGGREGATE;
27 3. THE DATE WHEN THE PROPERTY BECAME PAYABLE, DEMANDABLE OR
28 RETURNABLE, AND THE DATE OF THE LAST TRANSACTION WITH THE OWNER
29 WITH RESPECT TO THE PROPERTY; AND
30 4. OTHER INFORMATION WHICH THE SECRETARY PRESCRIBES BY RULES
19810H1649B3761 - 29 -
1 OR REGULATIONS AS NECESSARY FOR ADMINISTRATION OF THIS ARTICLE.
2 (C) IF THE PERSON HOLDING PROPERTY SUBJECT TO CUSTODY AND
3 CONTROL OF THE COMMONWEALTH UNDER THIS ARTICLE IS A SUCCESSOR TO
4 OTHER PERSONS WHO PREVIOUSLY HELD THE PROPERTY FOR THE OWNER, OR
5 IF THE HOLDER HAS CHANGED HIS NAME WHILE HOLDING THE PROPERTY,
6 HE SHALL FILE WITH HIS REPORT ALL PRIOR KNOWN NAMES AND
7 ADDRESSES OF EACH HOLDER OF THE PROPERTY.
8 (D) THE REPORT SHALL BE FILED ON OR BEFORE APRIL 15 OF THE
9 YEAR FOLLOWING THE YEAR IN WHICH THE PROPERTY FIRST BECAME
10 SUBJECT TO CUSTODY AND CONTROL OF THE COMMONWEALTH UNDER THIS
11 ARTICLE. THE SECRETARY MAY POSTPONE FOR A PERIOD NOT EXCEEDING
12 SIX (6) MONTHS THE REPORTING DATE UPON WRITTEN REQUEST BY ANY
13 PERSON REQUIRED TO FILE A REPORT.
14 (E) VERIFICATION, IF MADE BY A PARTNERSHIP, SHALL BE
15 EXECUTED BY A PARTNER; IF MADE BY AN UNINCORPORATED ASSOCIATION
16 OR PRIVATE CORPORATION, BY AN OFFICER; AND IF MADE BY A PUBLIC
17 CORPORATION, BY ITS CHIEF FISCAL OFFICER.
18 SECTION 1301.12. NOTICE AND PUBLICATION OF LISTS OF PROPERTY
19 SUBJECT TO CUSTODY AND CONTROL OF THE COMMONWEALTH UNDER THIS
20 ARTICLE.--(A) WITHIN NINE (9) MONTHS FROM THE FILING OF THE
21 REPORT REQUIRED BY SECTION 1301.11, THE SECRETARY SHALL CAUSE
22 NOTICE TO BE PUBLISHED AT LEAST ONCE EACH WEEK FOR TWO (2)
23 SUCCESSIVE WEEKS IN AN ENGLISH LANGUAGE NEWSPAPER OF GENERAL
24 CIRCULATION IN THE COUNTY IN WHICH THE HOLDER OF THE PROPERTY
25 HAS HIS PRINCIPAL PLACE OF BUSINESS IN THE COMMONWEALTH OR, IF
26 THERE IS NO SUCH PLACE, THEN AT LEAST ONE TIME IN THE
27 PENNSYLVANIA BULLETIN.
28 (B) THE PUBLISHED NOTICE SHALL BE ENTITLED "NOTICE OF NAMES
29 OF PERSONS APPEARING TO BE OWNERS OF ABANDONED AND UNCLAIMED
30 PROPERTY," AND SHALL CONTAIN:
19810H1649B3761 - 30 -
1 1. THE NAMES AND LAST KNOWN ADDRESSES, IF ANY, OF PERSONS
2 LISTED IN THE REPORT AND ENTITLED TO NOTICE WITHIN THE COUNTY AS
3 HEREINBEFORE SPECIFIED AND THE NAME AND ADDRESS OF THE HOLDER;
4 2. A STATEMENT THAT INFORMATION CONCERNING THE AMOUNT OR
5 DESCRIPTION OF THE PROPERTY AND THE NAME AND ADDRESS OF THE
6 HOLDER MAY BE OBTAINED BY ANY PERSONS POSSESSING AN INTEREST IN
7 THE PROPERTY BY ADDRESSING AN INQUIRY TO THE HOLDER;
8 3. A STATEMENT THAT A PROOF OF CLAIM SHOULD BE PRESENTED BY
9 THE OWNER TO THE HOLDER WITHIN THREE (3) MONTHS FROM THE DATE OF
10 THE SECOND PUBLISHED NOTICE, AND THAT THEREAFTER CLAIMS SHOULD
11 BE FILED WITH THE SECRETARY.
12 (C) THE SECRETARY IS NOT REQUIRED TO PUBLISH IN SUCH NOTICE
13 ANY ITEM OF LESS THAN ONE HUNDRED DOLLARS ($100) UNLESS HE DEEMS
14 SUCH PUBLICATION TO BE IN THE PUBLIC INTEREST.
15 (D) WITHIN SIX (6) MONTHS FROM THE RECEIPT OF THE REPORT
16 REQUIRED BY SECTION 1301.11, THE SECRETARY SHALL MAIL A NOTICE
17 TO EACH PERSON HAVING AN ADDRESS LISTED WHO APPEARS TO BE
18 ENTITLED TO PROPERTY OF THE VALUE OF ONE HUNDRED DOLLARS ($100)
19 OR MORE SUBJECT TO CUSTODY AND CONTROL OF THE COMMONWEALTH UNDER
20 THIS ARTICLE. THE MAILED NOTICE SHALL CONTAIN:
21 1. A STATEMENT THAT, ACCORDING TO A REPORT FILED WITH THE
22 SECRETARY, PROPERTY IS BEING HELD TO WHICH THE ADDRESSEE APPEARS
23 ENTITLED;
24 2. THE NAME AND ADDRESS OF THE HOLDER OF THE PROPERTY AND
25 ANY NECESSARY INFORMATION REGARDING CHANGES OF NAME AND ADDRESS
26 OF THE HOLDER;
27 3. A STATEMENT THAT, IF SATISFACTORY PROOF OF CLAIM IS NOT
28 PRESENTED BY THE OWNER TO THE HOLDER BY THE DATE SPECIFIED IN
29 THE PUBLISHED NOTICE, CLAIMS SHOULD THEREAFTER BE FILED WITH THE
30 SECRETARY.
19810H1649B3761 - 31 -
1 (E) THIS SECTION IS NOT APPLICABLE TO SUMS PAYABLE ON
2 TRAVELERS CHECKS AND MONEY ORDERS.
3 SECTION 1301.13. PAYMENT OR DELIVERY.--(A) EVERY PERSON WHO
4 HOLDS PROPERTY SUBJECT TO THE CUSTODY AND CONTROL OF THE
5 COMMONWEALTH SHALL, WITHIN SIXTY (60) DAYS AFTER RECEIPT OF
6 WRITTEN DEMAND FROM THE SECRETARY AND AFTER COMPLIANCE WITH
7 SECTION 1301.12, WHERE REQUIRED, PAY OR DELIVER TO THE SECRETARY
8 ALL PROPERTY SUBJECT TO CUSTODY AND CONTROL OF THE COMMONWEALTH
9 UNDER THIS ARTICLE, EXCEPT THAT, IF THE OWNER ESTABLISHES HIS
10 RIGHT TO RECEIVE THE PROPERTY TO THE SATISFACTION OF THE HOLDER,
11 OR IF IT APPEARS THAT FOR SOME OTHER REASON THE PROPERTY IS NOT
12 THEN SUBJECT TO CUSTODY AND CONTROL OF THE COMMONWEALTH UNDER
13 THIS ARTICLE, THE HOLDER NEED NOT PAY OR DELIVER THE PROPERTY TO
14 THE SECRETARY, BUT IN LIEU THEREOF SHALL FILE A VERIFIED WRITTEN
15 EXPLANATION OF THE PROOF OF CLAIM OR AS TO THE REASON THE
16 PROPERTY IS NOT SUBJECT TO CUSTODY AND CONTROL OF THE
17 COMMONWEALTH.
18 (B) A RECEIPT SHALL BE ISSUED, ON BEHALF OF THE
19 COMMONWEALTH, FOR ALL PROPERTY RECEIVED UNDER THIS ARTICLE.
20 (C) NOTWITHSTANDING SUBSECTION (A) OF THIS SECTION IN THE
21 CASE OF THE DEPOSITS AND THE SUMS PAYABLE UNDER CLAUSES 1 AND 2
22 OF SECTION 1301.3 THE AMOUNT OF SUCH DEPOSITS AND SUCH SUMS
23 SHALL BE PAID TO THE SECRETARY ON OR BEFORE THE FINAL DATE FOR
24 FILING THE REPORT REQUIRED BY SECTION 1301.11.
25 SECTION 1301.14. RELIEF FROM LIABILITY BY PAYMENT OR
26 DELIVERY.--UPON THE PAYMENT OR DELIVERY OF THE PROPERTY TO THE
27 SECRETARY, THE COMMONWEALTH SHALL ASSUME CUSTODY AND SHALL BE
28 RESPONSIBLE FOR THE SAFEKEEPING THEREOF. ANY PERSON WHO PAYS OR
29 DELIVERS PROPERTY TO THE SECRETARY UNDER THIS ARTICLE IS
30 RELIEVED OF ALL LIABILITY WITH RESPECT TO SUCH PROPERTY SO PAID
19810H1649B3761 - 32 -
1 OR DELIVERED FOR ANY CLAIM WHICH THEN EXISTS OR WHICH THEREAFTER
2 MAY ARISE OR BE MADE IN RESPECT TO SUCH PROPERTY. ANY HOLDER WHO
3 HAS PAID MONEYS TO THE SECRETARY PURSUANT TO THIS ARTICLE MAY
4 MAKE PAYMENT TO ANY PERSON APPEARING TO SUCH HOLDER TO BE
5 ENTITLED THERETO. IN THE CASE OF DEPOSITS AND SUMS PAID TO THE
6 SECRETARY UNDER SUBSECTION (C) OF SECTION 1301.13, UNTIL ONE (1)
7 YEAR AFTER THE FINAL DATE FOR FILING THE REPORT WITH RESPECT TO
8 SUCH DEPOSITS AND SUMS, FINANCIAL INSTITUTIONS SHALL MAKE
9 PAYMENT TO ANY PERSON APPEARING TO SUCH FINANCIAL INSTITUTION TO
10 BE ENTITLED THERETO. UPON PROOF OF SUCH PAYMENT BY A HOLDER AND
11 PROOF THAT THE PAYEE WAS ENTITLED THERETO, THE SECRETARY SHALL
12 FORTHWITH REIMBURSE THE HOLDER FOR SUCH PAYMENT TOGETHER WITH
13 INTEREST FROM THE DATE OF RECEIPT OF SUCH PROOFS BY THE
14 SECRETARY TO A DATE WITHIN THIRTY (30) DAYS OF THE DATE OF
15 MAILING OF THE REIMBURSEMENT. INTEREST UNDER THIS SECTION SHALL
16 BE AT THE RATE PREVAILING FOR TAX OVER PAYMENTS ON THE DATE OF
17 RECEIPT OF THE PROOFS BY THE SECRETARY AS PROVIDED FOR IN
18 SECTION 806 OF THIS ACT.
19 SECTION 1301.15. INCOME ACCRUING AFTER PAYMENT OR
20 DELIVERY.--WHEN PROPERTY IS PAID OR DELIVERED TO THE SECRETARY
21 UNDER THIS ARTICLE, THE OWNER IS ENTITLED TO RECEIVE INCOME OR
22 OTHER INCREMENTS ACTUALLY RECEIVED BY THE SECRETARY.
23 SECTION 1301.16. PERIODS OF LIMITATION.--EXCEPT AS
24 HEREINBELOW SET FORTH, THE EXPIRATION OF ANY PERIOD OF TIME
25 SPECIFIED BY STATUTE OR COURT ORDER, DURING WHICH AN ACTION MAY
26 BE COMMENCED OR MAINTAINED, OR COULD HAVE BEEN COMMENCED OR
27 MAINTAINED, BY THE OWNER AGAINST THE HOLDER OF THE PROPERTY,
28 SHALL NOT PREVENT SUCH PROPERTY FROM BEING SUBJECT TO THE
29 CUSTODY AND CONTROL OF THE COMMONWEALTH UNDER THIS ARTICLE, NOR
30 AFFECT THE DUTY TO FILE A REPORT OR TO PAY OR DELIVER THE
19810H1649B3761 - 33 -
1 PROPERTY TO THE SECRETARY, AS REQUIRED BY THIS ARTICLE, NOR BAR
2 ANY ACTION BY THE SECRETARY UNDER THIS ARTICLE, PROVIDED THAT:
3 1. IF ANY HOLDER REQUIRED TO FILE A REPORT UNDER ANY ACT IN
4 EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE, OR UNDER
5 THIS ARTICLE, HAS FILED OR FILES A REPORT, NO ACTION SHALL BE
6 COMMENCED OR MAINTAINED AGAINST SUCH HOLDER UNLESS IT HAS BEEN
7 OR IS COMMENCED WITHIN FIFTEEN (15) YEARS AFTER SUCH REPORT HAS
8 BEEN OR IS FILED.
9 2. IF ANY HOLDER WAS NOT REQUIRED TO FILE A REPORT UNDER ANY
10 ACT IN EFFECT PRIOR TO THE EFFECTIVE DATE HEREOF, NO ACTION
11 SHALL BE COMMENCED OR MAINTAINED UNLESS IT HAS BEEN OR IS
12 COMMENCED WITHIN FIFTEEN (15) YEARS AFTER THE PROPERTY FIRST
13 BECAME ESCHEATABLE OR PAYABLE INTO THE STATE TREASURY WITHOUT
14 ESCHEAT.
15 SECTION 1301.17. SALE OF PROPERTY.--(A) WITHIN A REASONABLE
16 TIME AFTER DELIVERY TO HIM OF ANY PROPERTY UNDER THIS ARTICLE,
17 THE SECRETARY SHALL SELL IT TO THE HIGHEST BIDDER AT PUBLIC SALE
18 IN WHATEVER CITY IN THE COMMONWEALTH AFFORDS, IN HIS JUDGMENT,
19 THE MOST FAVORABLE MARKET FOR THE PROPERTY INVOLVED. THE
20 SECRETARY MAY DECLINE THE HIGHEST BID OR REOFFER THE PROPERTY
21 FOR SALE IF HE CONSIDERS THE PRICE BID INSUFFICIENT. HE NEED NOT
22 OFFER ANY PROPERTY FOR SALE, IF, IN HIS OPINION, THE PROBABLE
23 COST OF SALE EXCEEDS THE VALUE OF THE PROPERTY.
24 (B) IF THE PROPERTY IS OF A TYPE CUSTOMARILY SOLD ON A
25 RECOGNIZED MARKET OR OF A TYPE WHICH IS SUBJECTED TO WIDELY
26 DISTRIBUTED STANDARD PRICE QUOTATIONS, THE SECRETARY MAY SELL
27 THE PROPERTY WITHOUT NOTICE BY PUBLICATION OR OTHERWISE. ANY
28 SALE OF OTHER PROPERTY HELD UNDER THIS SECTION SHALL BE PRECEDED
29 BY A SINGLE PUBLICATION OF NOTICE THEREOF, AT LEAST THREE (3)
30 WEEKS IN ADVANCE OF SALE IN AN ENGLISH LANGUAGE NEWSPAPER OF
19810H1649B3761 - 34 -
1 GENERAL CIRCULATION IN THE COUNTY WHERE THE PROPERTY IS TO BE
2 SOLD.
3 (C) THE PURCHASER AT ANY SALE CONDUCTED BY THE SECRETARY
4 PURSUANT TO THIS ARTICLE SHALL RECEIVE TITLE TO THE PROPERTY
5 PURCHASED, FREE FROM ALL CLAIMS OF THE OWNER OR PRIOR HOLDER
6 THEREOF AND OF ALL PERSONS CLAIMING THROUGH OR UNDER THEM. THE
7 SECRETARY SHALL EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE
8 TRANSFER OF TITLE.
9 SECTION 1301.18. DEPOSIT OF FUNDS.--(A) ALL FUNDS RECEIVED
10 UNDER THIS ARTICLE, INCLUDING THE PROCEEDS FROM THE SALE OF
11 PROPERTY UNDER SECTION 1301.17, SHALL FORTHWITH BE DEPOSITED BY
12 THE SECRETARY IN THE GENERAL FUND OF THE COMMONWEALTH, EXCEPT
13 THAT THE SECRETARY SHALL RETAIN IN A SEPARATE TRUST FUND AN
14 AMOUNT NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS ($25,000) PLUS
15 TWENTY PER CENTUM OF DEPOSITS AND SUMS PAID TO THE SECRETARY
16 UNDER SUBSECTION (C) OF SECTION 1301.13 DURING THE PRECEDING
17 TWELVE (12) MONTHS FROM WHICH HE SHALL MAKE REIMBURSEMENTS UNDER
18 SECTION 1301.14 AND PROMPT PAYMENT OF CLAIMS DULY ALLOWED UNDER
19 SECTION 1301.19. BEFORE MAKING THE DEPOSIT HE SHALL RECORD THE
20 NAME AND LAST KNOWN ADDRESS OF EACH PERSON APPEARING FROM THE
21 HOLDERS' REPORTS TO BE ENTITLED TO THE PROPERTY AND OF THE NAME
22 AND LAST KNOWN ADDRESS OF EACH INSURED PERSON OR ANNUITANT, AND
23 WITH RESPECT TO EACH POLICY OR CONTRACT LISTED IN THE REPORT OF
24 AN INSURER, ITS NUMBER, THE NAME OF THE INSURER, AND THE AMOUNT
25 DUE. THE RECORD WITH RESPECT TO ANY SPECIFIC CLAIM SHALL BE
26 AVAILABLE TO THE CLAIMANT AT ALL REGULAR BUSINESS HOURS.
27 (B) BEFORE MAKING ANY DEPOSIT TO THE CREDIT OF THE GENERAL
28 FUND, THE SECRETARY MAY DEDUCT:
29 (I) REASONABLE COSTS IN CONNECTION WITH SALE OF THE
30 PROPERTY,
19810H1649B3761 - 35 -
1 (II) REASONABLE COSTS OF MAILING AND PUBLICATION IN
2 CONNECTION WITH ANY PROPERTY, AND
3 (III) REASONABLE SERVICE CHARGES.
4 SECTION 1301.19. CLAIM FOR PROPERTY PAID OR DELIVERED.--ANY
5 PERSON CLAIMING AN INTEREST IN ANY PROPERTY PAID OR DELIVERED TO
6 THE COMMONWEALTH UNDER THIS ARTICLE MAY FILE A CLAIM THERETO OR
7 TO THE PROCEEDS FROM THE SALE THEREOF ON THE FORM PRESCRIBED BY
8 THE SECRETARY.
9 SECTION 1301.20. DETERMINATION OF CLAIMS.--(A) THE
10 SECRETARY SHALL CONSIDER ANY CLAIM FILED UNDER THIS ARTICLE AND
11 MAY HOLD A HEARING AND RECEIVE EVIDENCE CONCERNING IT. IF A
12 HEARING IS HELD, HE SHALL PREPARE A FINDING AND A DECISION IN
13 WRITING ON EACH CLAIM FILED, STATING THE SUBSTANCE OF ANY
14 EVIDENCE HEARD BY HIM AND THE REASONS FOR HIS DECISION. THE
15 DECISION SHALL BE A PUBLIC RECORD.
16 (B) IF THE CLAIM IS ALLOWED, THE SECRETARY SHALL MAKE
17 PAYMENT FORTHWITH.
18 SECTION 1301.21. JUDICIAL ACTION UPON DETERMINATIONS.--ANY
19 PERSON AGGRIEVED BY A DECISION OF THE SECRETARY OR AS TO WHOSE
20 CLAIM THE SECRETARY HAS FAILED TO ACT WITHIN NINETY (90) DAYS
21 AFTER THE FILING OF THE CLAIM, MAY COMMENCE AN ACTION IN THE
22 COMMONWEALTH COURT TO ESTABLISH HIS CLAIM. THE PROCEEDING SHALL
23 BE BROUGHT WITHIN THIRTY (30) DAYS AFTER THE DECISION OF THE
24 SECRETARY OR WITHIN ONE HUNDRED TWENTY (120) DAYS FROM THE
25 FILING OF THE CLAIM IF THE SECRETARY FAILS TO ACT. THE ACTION
26 SHALL BE TRIED DE NOVO WITHOUT A JURY.
27 SECTION 1301.22. ELECTION TO TAKE PAYMENT OR DELIVERY.--THE
28 SECRETARY MAY DECLINE TO RECEIVE ANY ITEM OF PROPERTY REPORTED
29 WHICH HE DEEMS TO HAVE A VALUE LESS THAN THE COST OF GIVING
30 NOTICE AND HOLDING SALE, IN WHICH EVENT THE HOLDER THEREOF IS
19810H1649B3761 - 36 -
1 DISCHARGED OF ANY LIABILITY TO THE COMMONWEALTH WITH RESPECT
2 THERETO. UNLESS THE HOLDER OF THE PROPERTY IS NOTIFIED TO THE
3 CONTRARY WITHIN ONE HUNDRED TWENTY (120) DAYS AFTER FILING THE
4 REPORT REQUIRED UNDER SECTION 1301.11, THE SECRETARY SHALL BE
5 DEEMED TO HAVE ELECTED TO RECEIVE THE CUSTODY OF THE PROPERTY.
6 SECTION 1301.23. EXAMINATION OF RECORDS.--IF THE SECRETARY
7 HAS REASON TO BELIEVE THAT ANY HOLDER HAS FAILED TO REPORT
8 PROPERTY THAT SHOULD HAVE BEEN REPORTED PURSUANT TO THIS
9 ARTICLE, THE SECRETARY MAY, AT REASONABLE TIMES AND UPON
10 REASONABLE NOTICE, EXAMINE THE RECORDS OF SUCH PERSON WITH
11 RESPECT TO SUCH PROPERTY.
12 SECTION 1301.24. PROCEEDING TO COMPEL REPORTING OR
13 DELIVERY.--(A) IF ANY PERSON REFUSES TO REPORT OR DELIVER
14 PROPERTY TO THE SECRETARY AS REQUIRED UNDER THIS ARTICLE, THE
15 COMMONWEALTH SHALL BRING AN ACTION IN A COURT OF APPROPRIATE
16 JURISDICTION TO ENFORCE REPORTING OR DELIVERY. IN ANY SUCH
17 ACTION THE PENNSYLVANIA RULES OF CIVIL PROCEDURE SHALL APPLY,
18 INCLUDING WITHOUT LIMITATION THOSE PERTAINING TO DISCOVERY.
19 (B) IF ANY HOLDER FAILS, WITHOUT PROPER CAUSE, (I) TO REPORT
20 OR (II) TO PAY AND DELIVER TO THE SECRETARY PROPERTY SUBJECT TO
21 CUSTODY AND CONTROL OF THE COMMONWEALTH UNDER THIS ARTICLE, SUCH
22 HOLDER SHALL BE LIABLE TO PAY TO THE SECRETARY INTEREST AT THE
23 RATE OF TWELVE PER CENTUM PER ANNUM FROM THE TIME SUCH REPORT
24 SHOULD HAVE BEEN FILED, TO BE COMPUTED ON THE VALUE OF SUCH
25 PROPERTY AS ESTABLISHED IN AN ACTION BY THE SECRETARY UNDER
26 SUBSECTION (A), AND SUCH INTEREST SHALL BE RECOVERABLE IN THE
27 SAME ACTION.
28 SECTION 1301.25. PENALTIES.--(A) ANY PERSON WHO, WITHOUT
29 PROPER CAUSE, FAILS TO RENDER ANY REPORT OR PERFORM OTHER DUTIES
30 REQUIRED UNDER THIS ARTICLE, SHALL, UPON CONVICTION IN A SUMMARY
19810H1649B3761 - 37 -
1 PROCEEDING BE SENTENCED TO PAY A FINE OF TEN DOLLARS ($10) FOR
2 EACH DAY SUCH REPORT IS WITHHELD, BUT NOT MORE THAN ONE THOUSAND
3 DOLLARS ($1,000).
4 (B) ANY PERSON WHO, WITHOUT PROPER CAUSE, REFUSES TO PAY OR
5 DELIVER PROPERTY TO THE SECRETARY AS REQUIRED UNDER THIS ARTICLE
6 SHALL BE GUILTY OF A MISDEMEANOR AND, UPON CONVICTION THEREOF,
7 SHALL BE SENTENCED TO PAY A FINE OF NOT LESS THAN ONE HUNDRED
8 DOLLARS ($100) NOR MORE THAN ONE THOUSAND DOLLARS ($1,000), OR
9 IMPRISONMENT FOR NOT MORE THAN TWELVE (12) MONTHS, OR BOTH.
10 SECTION 1301.26. RULES AND REGULATIONS.--THE SECRETARY IS
11 HEREBY AUTHORIZED TO MAKE NECESSARY RULES AND REGULATIONS TO
12 CARRY OUT THE PROVISIONS OF THIS ARTICLE.
13 SECTION 1301.27. EFFECT OF LAWS OF OTHER STATES.--THIS
14 ARTICLE SHALL NOT APPLY TO ANY PROPERTY THAT HAS BEEN PRESUMED
15 ABANDONED, ESCHEATED, OR SUBJECT TO CUSTODY AND CONTROL OF
16 ANOTHER JURISDICTION UNDER THE LAWS OF SUCH OTHER JURISDICTION
17 PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
18 SECTION 1301.28. EXCLUSIONS.--THE PROVISIONS OF THIS ARTICLE
19 SHALL NOT APPLY TO NONPROFIT HOSPITALIZATION CORPORATIONS OR
20 NONPROFIT MEDICAL SERVICE CORPORATIONS.
21 SECTION 1301.29. REPEAL.--THE ACT OF AUGUST 9, 1971
22 (P.L.286, NO.74), KNOWN AS THE "DISPOSITION OF ABANDONED AND
23 UNCLAIMED PROPERTY ACT," IS REPEALED.
24 SECTION 5 6. THE ACT OF APRIL 8, 1982 (P.L.258, NO.78), IS <--
25 REPEALED INSOFAR AS IT RELATES TO UNDERPAYMENTS AND OVERPAYMENTS
26 OF TAX DUE AND PAYABLE PRIOR TO JANUARY 1, 1982. THE SECOND AND
27 FIFTH SENTENCES OF SECTION 5 OF SAID ACT ARE REPEALED
28 ABSOLUTELY.
29 SECTION 5 6 7. ALL OTHER ACTS AND PARTS OF ACTS ARE HEREBY <--
30 REPEALED INSOFAR AS THEY ARE INCONSISTENT HEREWITH.
19810H1649B3761 - 38 -
1 SECTION 7 8. THIS ACT SHALL NOT APPLY TO ANY UNDERPAYMENTS <--
2 OR OVERPAYMENTS OF TAX DUE AND PAYABLE PRIOR TO JANUARY 1, 1982.
3 NOTHING CONTAINED HEREIN SHALL AFFECT OR IMPAIR LITIGATION
4 PENDING ON THE EFFECTIVE DATE OF THIS ACT. THIS ACT SHALL NOT BE
5 CONSTRUED TO INDICATE THE INTENT OF THE GENERAL ASSEMBLY WITH
6 REGARD TO THE STATUS OF THE LAW OF THE COMMONWEALTH'S PAYMENT OF
7 INTEREST PRIOR TO THE EFFECTIVE DATE OF THIS ACT.
8 NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, THE RATE OF
9 INTEREST FOR THE CALENDAR YEAR COMMENCING JANUARY 1, 1982 SHALL
10 BE 20% AND THE RATE OF INTEREST FOR THE CALENDAR YEAR COMMENCING
11 JANUARY 1, 1983 SHALL BE 16%.
12 SECTION 6 8 9. THIS ACT SHALL TAKE EFFECT IMMEDIATELY AND <--
13 SHALL APPLY RETROACTIVELY TO JANUARY 1, 1982.
D13L72RAW/19810H1649B3761 - 39 -