THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DUNBAR, CREIGHTON, CUTLER, GIBBONS, HENNESSEY, HICKERNELL, KNOWLES AND ROSS, JUNE 8, 2011

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 8, 2011  

AN ACT

Amending the act of August 9, 1955 (P.L.323, No.130), entitled,

as amended, "An act relating to counties of the first, third,

fourth, fifth, sixth, seventh and eighth classes; amending,

revising, consolidating and changing the laws relating

thereto; relating to imposition of excise taxes by counties,

including authorizing imposition of an excise tax on the

rental of motor vehicles by counties of the first class; and

providing for regional renaissance initiatives," in

contracts, further providing for sales of personal property

and surplus farm products.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1805(b) of the act of August 9, 1955

(P.L.323, No.130), known as The County Code, amended December

22, 2000 (P.L.1019, No.142), is amended and the section is

amended by adding subsections to read:

Section 1805.  Sales of Personal Property and Surplus Farm

Products.--* * *

(b)  If the commissioners estimate the sale value of the

personal property or of such surplus farm products to be sold at

one thousand dollars ($1,000) or more, the entire lot shall be

advertised for sale, once, in at least one newspaper of general

circulation in the county, and sale of the property so

advertised shall be made to the highest and best bidder. The

bids shall not be opened until at least ten days after the said

advertisement. The commissioners may sell any such property at

auction, but the provisions as to notice contained in this

section shall be likewise observed as to the holding of auction

sales. [The provisions of this section shall not be mandatory

where county property is to be traded-in or exchanged for new

personal property. The provisions of this section shall not

apply to sale of personal property with real property as a

single unit pursuant to section 2306.1.]

(c)  (1)  An auction of personal property may be conducted by

means of an online or electronic auction sale. During an

electronic auction sale, bids shall be accepted electronically

at the time and in the manner designated in the advertisement,

and each bidder shall have the capability to view the bidder's

bid rank or the high bid price. Bidders may increase their bid

prices during the electronic auction.

(2)  The record of the electronic auction shall be accessible

for public inspection.

(3)  The purchase price shall be paid by the high bidder

immediately or at a reasonable time after the conclusion of the

electronic auction as determined by the board of county

commissioners. In the event that shipping costs are incurred,

they shall be paid by the high bidder.

(4)  A county that has complied with the advertising

requirements of this subsection may provide additional public

notice of the sale by bids or public auction in any manner

deemed appropriate by the county commissioners. The

advertisement for electronic auction sales authorized by this

subsection shall include the Internet address or means of

accessing the electronic auction and the date, time and duration

of the electronic auction.

(5)  The board of county commissioners may reject any bids

received if the bids are believed to be less than the fair

market value of the property.

(d)  The provisions of this section shall not be mandatory

where county property is to be traded in or exchanged for new

personal property. The provisions of this section shall not

apply to sale of personal property with real property as a

single unit pursuant to section 2306.1.

Section 2.  This act shall take effect in 60 days.