PRIOR PRINTER'S NO. 894 PRINTER'S NO. 1833
No. 773 Session of 2007
INTRODUCED BY ARGALL, BAKER, BELFANTI, BOYD, CALTAGIRONE, CAPPELLI, CAUSER, CLYMER, COX, CREIGHTON, EVERETT, GEIST, GIBBONS, GOODMAN, GRUCELA, HARHAI, HARRIS, HENNESSEY, HESS, M. KELLER, KILLION, KOTIK, LEVDANSKY, MAHONEY, MYERS, PALLONE, PHILLIPS, PICKETT, PYLE, RAPP, REICHLEY, SAINATO, SCAVELLO, SOLOBAY, R. STEVENSON, SURRA, THOMAS, WALKO, WATSON, YOUNGBLOOD, SIPTROTH AND CONKLIN, MARCH 19, 2007
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 5, 2007
AN ACT 1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled 2 "An act providing for and reorganizing the conduct of the 3 executive and administrative work of the Commonwealth by the 4 Executive Department thereof and the administrative 5 departments, boards, commissions, and officers thereof, 6 including the boards of trustees of State Normal Schools, or 7 Teachers Colleges; abolishing, creating, reorganizing or 8 authorizing the reorganization of certain administrative 9 departments, boards, and commissions; defining the powers and 10 duties of the Governor and other executive and administrative 11 officers, and of the several administrative departments, 12 boards, commissions, and officers; fixing the salaries of the 13 Governor, Lieutenant Governor, and certain other executive 14 and administrative officers; providing for the appointment of 15 certain administrative officers, and of all deputies and 16 other assistants and employes in certain departments, boards, 17 and commissions; and prescribing the manner in which the 18 number and compensation of the deputies and all other 19 assistants and employes of certain departments, boards and 20 commissions shall be determined," further providing for 21 disposition of unserviceable personal property; and providing 22 for disposition of surplus vehicles to qualified 23 municipalities. 24 The General Assembly of the Commonwealth of Pennsylvania 25 hereby enacts as follows:
1 Section 1. Section 510 of the act of April 9, 1929 (P.L.177, 2 No.175), known as The Administrative Code of 1929, amended July 3 18, 1969 (P.L.165, No.67), is amended to read: 4 Section 510. Disposition of Unserviceable Personal Property; 5 Surplus or Unserviceable Road, Bridge Materials or Equipment.-- 6 (a) Whenever any furnishings, or other personal property of 7 this Commonwealth, shall be no longer of service to the 8 Commonwealth, it shall be the duty of the department, board, or 9 commission, in whose possession such property shall be or come, 10 to put such property into the custody of the Department of 11 [Property and Supplies] General Services: Provided, however, 12 That in the case of any perishable property which is not in the 13 city of Harrisburg, the department, board, or commission, having 14 possession of the same, may sell it in such manner, and upon 15 such terms, as the head of the department, or the board, or 16 commission, may determine: And provided further, That any road 17 or bridge materials or equipment that have been declared surplus 18 or unserviceable by the Department of [Highways] Transportation 19 shall be offered for sale to counties, cities, boroughs, 20 incorporated towns and townships at the best available price by 21 the Department of [Property and Supplies] General Services. 22 Written notification of the availability of such material and 23 equipment shall be given to all counties, cities, boroughs, 24 incorporated towns and townships in the highway district in 25 which such material and equipment was last used. If more than 26 one such political subdivision requests the same material or 27 equipment, any sale shall be made to the political subdivision 28 making the highest letter bid. No sale shall be consummated 29 until after a minimum of fifteen (15) days from the date of 30 mailing the notification. All such material and equipment shall 20070H0773B1833 - 2 -
1 be used by the procuring political subdivision upon roads, 2 streets and bridges. All moneys received for such material shall 3 be deposited in the Motor License Fund. 4 (b) Subsection (a) shall apply to the disposition of a 5 surplus vehicle only if the surplus vehicle is not disposed of 6 in accordance with section 510.1. 7 ["Unserviceable property," as used in this section,] (c) 8 "Unserviceable property" shall not include products 9 manufactured, grown, or raised, by any department, board, or 10 commission, or by the inmates or patients of any State 11 institution, or minerals, oil, gas, or other materials, taken 12 from any property of the Commonwealth. It shall include only 13 articles previously purchased by the Commonwealth, or any agency 14 thereof, and paid for out of funds of or in the control of the 15 Commonwealth. 16 Section 2. The act is amended by adding a section to read: 17 Section 510.1. Disposition of Surplus Vehicles to Qualified 18 Municipalities.--(a) Prior to employing the procedure for 19 disposing property under section 510(a), surplus vehicles shall 20 be offered for disposal to qualified municipalities in 21 accordance with the procedures and priorities and for the 22 consideration, if any, established under this section. 23 (b) In the disposition of surplus vehicles to qualified 24 municipalities, the following classes of priority shall apply: 25 (1) First priority shall be given to a qualified 26 municipality that is a financially distressed municipality, as 27 defined in section 203(f) of the act of July 10, 1987 (P.L.246, 28 No.47), known as the "Municipalities Financial Recovery Act." 29 (2) Second priority shall be given to a qualified 30 municipality that requests the surplus vehicle as part of a 20070H0773B1833 - 3 -
1 council of governments on which it has membership or through an 2 intergovernmental cooperation agreement to which it is a party, 3 in accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to 4 Intergovernmental Cooperation), provided that the surplus 5 vehicle furthers the purpose of the council of governments or 6 intergovernmental cooperation agreement. In order to qualify for 7 this priority, one of the members of a council of governments or 8 parties to an intergovernmental cooperation agreement must be a 9 qualified municipality. 10 (3) Third priority shall be given to a qualified 11 municipality that does not meet the criteria of paragraph (1) or 12 (2). 13 (c) If more than one qualified municipality in the same 14 priority class under subsection (b) is interested in the same 15 surplus vehicle, the department shall determine which qualified 16 municipality in the class shall be given preference, in 17 accordance with standards established by the department, which 18 may include, but need not be limited to, the following: 19 (1) A municipality's rate of individual poverty as 20 determined by the most recent Federal decennial census, 21 currently found in the U.S. Census Bureau's Table DP-3, Profile 22 of Selected Economic Characteristics. 23 (2) A municipality that has levied the maximum allowable 24 real estate tax for general purposes and earned income tax as 25 provided by applicable law. 26 (3) A municipality's demonstrated need for the vehicle to be 27 acquired. 28 (d) In addition to paying the cost, if any, of transporting 29 the surplus vehicle from its location to the municipality, a 30 qualified municipality that acquires a surplus vehicle in 20070H0773B1833 - 4 -
1 accordance with this section shall pay the following 2 consideration: 3 (1) A qualified municipality in the first priority class 4 under subsection (b)(1) shall not be required to pay anything 5 towards the fair market value established by the department. 6 (2) A qualified municipality in the second priority class 7 under subsection (b)(2) shall pay twenty-five percent (25%) of 8 the fair market value established by the department. 9 (3) A qualified municipality in the third priority class 10 under subsection (b)(3) shall pay fifty percent (50%) of the 11 fair market value established by the department. 12 All moneys received for such surplus vehicles shall be deposited 13 in the Motor License Fund. 14 (e) In administering the provisions of this section, the 15 department shall have the following powers and duties: 16 (1) To notify all municipalities in this Commonwealth of the 17 existence of the program set forth in this section. 18 (2) To provide for and develop the application process for 19 municipalities to apply to become qualified municipalities and 20 in order to establish that they meet the criteria of a qualified 21 municipality as defined in this section. 22 (3) To develop procedures by which qualified municipalities 23 are notified, either through printed or electronic means, of 24 available surplus vehicles. 25 (4) To develop the process by which qualified municipalities 26 may request a particular surplus vehicle, which request form 27 shall state that the qualified municipality understands and 28 accepts that the department's selection of a qualified 29 municipality for each surplus vehicle is final and unappealable. 30 (5) To establish deadlines for: 20070H0773B1833 - 5 -
1 (i) Requests for surplus vehicles to be received by the 2 department. 3 (ii) Notification by the department to the qualified 4 municipality of a surplus vehicle or vehicles for which it has 5 been selected to receive or purchase. 6 (iii) Payment for the surplus vehicle or vehicles by the 7 selected qualified municipality. 8 (iv) Conveyance of the surplus vehicle or vehicles to the 9 selected qualified municipality. 10 (6) To promulgate regulations and take other action 11 necessary to carry out the program set forth in this section. 12 (f) Qualified municipalities that participate in the program 13 authorized by this section or municipalities applying to become 14 a qualified municipality, as relevant, shall have the following 15 duties: 16 (1) To submit to the department a completed application form 17 to become a qualified municipality which form shall include, but 18 not necessarily be limited to, an attestation clause to be 19 signed by the presiding officer of the municipality's governing 20 body that the submitted copy of the municipality's most recently 21 enacted ordinance adopting the municipality's annual budget is 22 true and accurate and that the submitted Federal decennial 23 information regarding the municipality is as published by the 24 U.S. Census Bureau for the most recent Federal decennial census. 25 (2) To submit to the department a timely request for the 26 desired surplus vehicle or vehicles. 27 (3) To promptly pay the cost, if any, of the surplus vehicle 28 or vehicles awarded by the department. 29 (4) To arrange for the transportation or pickup of the 30 surplus vehicle or vehicles from its location to the selected 20070H0773B1833 - 6 -
1 qualified municipality's location. 2 (5) To use any surplus vehicle that has been received 3 through the process set forth in this section for municipal 4 purposes or, if the qualified municipality disposes of the 5 vehicle, that the disposal shall only be done in accordance with 6 the applicable statute for that class of municipality for 7 disposal of personal property and, in which case, the proceeds 8 shall be returned to the Commonwealth and deposited in the Motor 9 License Fund. 10 (g) As used in this section, the following words and phrases 11 shall have the meanings given to them in this subsection: 12 "ANNUAL OPERATING BUDGET." THE ANNUAL FINANCIAL PLAN OF A <-- 13 MUNICIPALITY THAT SETS FORTH ANTICIPATED EXPENDITURES FROM 14 VARIOUS MUNICIPAL FUNDS, INCLUDING EXPENDITURES FROM THE GENERAL 15 FUND, SPECIAL REVENUE FUNDS AND PROPRIETARY FUNDS FOR THE 16 PURPOSE OF SATISFYING MUNICIPAL OPERATING COSTS, BUT EXCLUDING 17 OUTLAYS FOR NONRECURRING CAPITAL IMPROVEMENTS AND APPROPRIATIONS 18 TO AND EXPENDITURES FROM THE CAPITAL RESERVE FUND OF THE 19 MUNICIPALITY. 20 "Department." The Department of General Services of the 21 Commonwealth. 22 "Qualified municipality." A municipality within this 23 Commonwealth that has certified to the Department of General 24 Services in accordance with this section that it has four 25 thousand (4,000) or fewer residents and an annual operating 26 budget, excluding capital improvements of one million five <-- 27 hundred thousand dollars ($1,500,000), or less. 28 "Surplus vehicle." Any vehicle, as defined by 75 Pa.C.S. 29 (relating to vehicles), that has been declared surplus or 30 unserviceable, as defined in section 510, by the Department of 20070H0773B1833 - 7 -
1 Transportation of the Commonwealth and which has been assigned a 2 fair market value by the Department of General Services. 3 Section 3. This act shall take effect in 60 days. A26L71DMS/20070H0773B1833 - 8 -