1Amending the act of April 9, 1929 (P.L.343, No.176), entitled,
2as amended, "An act relating to the finances of the State
3government; providing for the settlement, assessment,
4collection, and lien of taxes, bonus, and all other accounts
5due the Commonwealth, the collection and recovery of fees and
6other money or property due or belonging to the Commonwealth,
7or any agency thereof, including escheated property and the
8proceeds of its sale, the custody and disbursement or other
9disposition of funds and securities belonging to or in the
10possession of the Commonwealth, and the settlement of claims
11against the Commonwealth, the resettlement of accounts and
12appeals to the courts, refunds of moneys erroneously paid to
13the Commonwealth, auditing the accounts of the Commonwealth
14and all agencies thereof, of all public officers collecting
15moneys payable to the Commonwealth, or any agency thereof,
16and all receipts of appropriations from the Commonwealth,
17authorizing the Commonwealth to issue tax anticipation notes
18to defray current expenses, implementing the provisions of
19section 7(a) of Article VIII of the Constitution of
20Pennsylvania authorizing and restricting the incurring of
21certain debt and imposing penalties; affecting every
22department, board, commission, and officer of the State
23government, every political subdivision of the State, and
24certain officers of such subdivisions, every person,
25association, and corporation required to pay, assess, or
26collect taxes, or to make returns or reports under the laws
27imposing taxes for State purposes, or to pay license fees or
28other moneys to the Commonwealth, or any agency thereof,
29every State depository and every debtor or creditor of the
30Commonwealth," in disposition of abandoned and unclaimed 
31property, further providing for report of property subject to 
32custody and control of the Commonwealth under this article; 
33providing for certificate of finder registration, for
 

1revocation of finder registration and for appeals; and 
2imposing penalties.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Section 1301.11(g) of the act of April 9, 1929
6(P.L.343, No.176), known as The Fiscal Code, amended June 29,
72002 (P.L.614, No.91), is amended to read:

8Section 1301.11. Report of Property Subject to Custody and
9Control of the Commonwealth under this Article.--* * *

10(g) All agreements or powers of attorney to recover or
11collect abandoned and unclaimed property contained in the
12reports filed under this article shall be valid and enforceable
13only if the agreements:

141. are in writing and duly signed and acknowledged by the
15owner;

162. clearly state the fee or compensation to be paid, which
17shall not exceed fifteen per centum of the value of the
18abandoned and unclaimed property;

193. disclose the nature and value of the property; [and]

204. disclose the name and address of the holder and, if
21known, whether the abandoned and unclaimed property has been
22paid or delivered to the State Treasurer[.];

235. identify the name, address and telephone number of the
24person assisting in the location, delivery or recovery of the
25abandoned and unclaimed property; and

266. identify the valid certificate of registration number
27assigned by the State Treasurer to the person assisting in the
28location, delivery or recovery of the abandoned and unclaimed
29property under section 1301.11a.

30* * *

31Section 2. The act is amended by adding sections to read:

1Section 1301.11a. Certificate of Finder Registration.--(a)
2Except for a person who is admitted to practice law before a
3court of Federal or State jurisdiction or subject to section
41301.11(i), a person may not on behalf of another:

51. engage in an activity for the purpose of locating,
6delivering, recovering or assisting in the recovery of abandoned
7or unclaimed property; and

82. receive a fee, compensation, commission or other
9remuneration for the activity under clause 1 without first
10obtaining a certificate of registration from the State Treasurer
11in accordance with this section.

12(b) An application for a certificate of registration shall
13be in writing and on the form prescribed by the State Treasurer
14and accompanied by a recent full face color photograph of the
15applicant. In addition to information that may be requested by
16the State Treasurer, the application shall provide the
17following:

181. the applicant's full name, telephone number, e-mail
19address, home address and work address;

202. a statement that the applicant has not, during the ten-
21year period immediately preceding the submission of the
22application, violated a provision of this article or has been
23convicted of a felony or an offense of:

24(i) theft or other related offenses against property as
25enumerated under 18 Pa.C.S. Ch. 39 (relating to theft and
26related offenses) or its equivalent if committed in another
27jurisdiction;

28(ii) forgery or other fraudulent practices as enumerated in
2918 Pa.C.S. Ch. 41 (relating to forgery and fraudulent practices)
30or its equivalent if committed in another jurisdiction; or

1(iii) perjury, false swearing, fraud or other offense, as
2enumerated in 18 Pa.C.S. Ch. 49 Subch. A (relating to perjury
3and falsification in official matters) or its equivalent if
4committed in another jurisdiction;

53. A statement that, to the applicant's knowledge, the
6applicant is not the subject of an ongoing investigation or
7prosecution involving an alleged violation of a provision of
8this article or an offense of:

9(i) theft or other related offenses against property as
10enumerated under 18 Pa.C.S. Ch. 39 or its equivalent if
11committed in another jurisdiction;

12(ii) forgery or other fraudulent practices as enumerated in
1318 Pa.C.S. Ch. 41 or its equivalent if committed in another
14jurisdiction; or

15(iii) perjury, false swearing, fraud or other offense as
16enumerated in 18 Pa.C.S. Ch. 49 Subch. A or its equivalent if
17committed in another jurisdiction; and

184. The notarized signature of the applicant immediately
19following an acknowledgment that a false or perjured statement
20subjects the applicant to criminal liability.

21(c) Upon the filing of the application, the State Treasurer
22may investigate the applicant to verify the information provided
23in the application and to determine the applicant's eligibility
24for a certificate of registration under this section. False
25information on an application is grounds for a denial,
26nonrenewal, suspension or revocation of the applicant's
27certificate of registration.

28(d) A certificate of registration with a unique registration
29number may be issued to an applicant if the following conditions
30are met:

11. During the ten-year period immediately preceding the
2submission of the application, the applicant has not violated a
3provision of this article and has not been convicted of a felony
4or an offense of:

5(i) theft or other related offenses against property as
6enumerated under 18 Pa.C.S. Ch. 39 or its equivalent if
7committed in another jurisdiction;

8(ii) forgery or other fraudulent practices as enumerated in
918 Pa.C.S. Ch. 41 or its equivalent if committed in another
10jurisdiction; or

11(iii) perjury, false swearing, fraud or other offense as
12enumerated in 18 Pa.C.S. Ch. 49 Subch. A or its equivalent if
13committed in another jurisdiction; and

142. The applicant has executed a sworn statement that is a
15commitment to conduct his actions as a finder of abandoned and
16unclaimed property in compliance with this article and the
17regulations promulgated under this article.

18(e) The certificate of registration issued under this
19section is for a period of two (2) years and may be renewed
20every two (2) years if the following conditions are met:

211. The applicant submits a renewal application form
22prescribed by the State Treasurer.

232. The applicant meets the conditions set forth under
24subsection (d).

253. The applicant is not the subject of an ongoing
26investigation or order of revocation by the State Treasurer or
27the equivalent in another jurisdiction, or an ongoing
28investigation or prosecution by a law enforcement agency
29involving an offense enumerated under subsection (d)1.

30Section 1301.11b. Revocation of Finder Registration.--(a)

1After notice and an opportunity for a hearing, the State
2Treasurer may revoke, suspend or refuse to issue or renew a
3certificate of registration if the following are found:

41. The person violated a provision of this article, the
5regulations promulgated under this article or has been convicted
6of a felony or an offense of:

7(i) theft or other related offenses against property as
8enumerated under 18 Pa.C.S. Ch. 39 (relating to theft and
9related offenses) or its equivalent if committed in another
10jurisdiction;

11(ii) forgery or other fraudulent practices as enumerated in
1218 Pa.C.S. Ch. 41 (relating to forgery and fraudulent practices)
13or its equivalent if committed in another jurisdiction; or

14(iii) perjury, false swearing, fraud or other offense, as
15enumerated in 18 Pa.C.S. Ch. 49 Subch. A (relating to perjury
16and falsification in official matters) or its equivalent if
17committed in another jurisdiction.

182. In the opinion of the State Treasurer, the person's
19conduct as a finder of abandoned or unclaimed property
20undermines the confidence of the public or warrants the belief
21that the person's business will not be conducted honestly and
22fairly.

23(b) The State Treasurer may investigate an allegation or
24complaint of misconduct involving an applicant for or a person
25holding a certification of registration.

26(c) In conducting an investigation under this section, the
27State Treasurer may compel, by subpoena, witnesses to testify in
28relation to any alleged misconduct or complaint and may require
29the production of a book, record or other document pertaining to
30that matter. If a person fails to file a statement or report,

1obey a subpoena, give testimony, produce a book, record or other
2document as required by a subpoena, or permit photocopying of a
3book, record or other document subpoenaed, the Commonwealth
4Court, upon application made to it by the State Treasurer, may
5compel obedience by an attachment proceeding for contempt, as in
6the case of disobedience of the requirements of a subpoena
7issued by the court or a refusal to testify in the court.

8(d) If a person is engaged in an activity that constitutes a
9violation of this article or has attempted or committed an
10offense identified under subsection (a)1, the State Treasurer
11shall immediately revoke the certificate of registration of the
12person.

13Section 1301.11c. Appeals.--(a) The Commonwealth Court
14shall be vested with exclusive appellate jurisdiction to
15consider appeals of a final order, determination or decision of
16the State Treasurer involving the issuance, nonissuance,
17renewal, nonrenewal, revocation or suspension of a certification
18of registration under this article.

19(b) Notwithstanding any law to the contrary, orders,
20determinations or decisions of the State Treasurer involving the
21issuance, nonissuance, renewal, nonrenewal, revocation or
22suspension of a certification of registration under this article
23shall be affirmed unless it is found that the State Treasurer
24committed an error of law or that the order, determination or
25decision was arbitrary and there was a capricious disregard of
26the evidence.

27Section 3. Section 1301.25 of the act is amended by adding a
28subsection to read:

29Section 1301.25. Penalties.--* * *

30(d) A person who is found to have violated section 1301.11

1or 1301.11a, in addition to other sanctions as may be imposed by
2this article, shall be guilty of a misdemeanor of the third
3degree and shall, upon conviction, be sentenced to pay a fine
4not to exceed one thousand dollars ($1,000) for the first
5offense. A person who is found guilty of a subsequent offense
6shall be guilty of a felony of the third degree and shall, upon
7conviction, be sentenced to pay a fine not less than five
8thousand dollars ($5,000).

9Section 4. This act shall take effect in 180 days.