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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DUNBAR, CREIGHTON, CUTLER, GIBBONS, HENNESSEY, HICKERNELL, KNOWLES AND ROSS, JUNE 8, 2011 |
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| REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 8, 2011 |
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| AN ACT |
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1 | Amending the act of August 9, 1955 (P.L.323, No.130), entitled, |
2 | as amended, "An act relating to counties of the first, third, |
3 | fourth, fifth, sixth, seventh and eighth classes; amending, |
4 | revising, consolidating and changing the laws relating |
5 | thereto; relating to imposition of excise taxes by counties, |
6 | including authorizing imposition of an excise tax on the |
7 | rental of motor vehicles by counties of the first class; and |
8 | providing for regional renaissance initiatives," in |
9 | contracts, further providing for sales of personal property |
10 | and surplus farm products. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. Section 1805(b) of the act of August 9, 1955 |
14 | (P.L.323, No.130), known as The County Code, amended December |
15 | 22, 2000 (P.L.1019, No.142), is amended and the section is |
16 | amended by adding subsections to read: |
17 | Section 1805. Sales of Personal Property and Surplus Farm |
18 | Products.--* * * |
19 | (b) If the commissioners estimate the sale value of the |
20 | personal property or of such surplus farm products to be sold at |
21 | one thousand dollars ($1,000) or more, the entire lot shall be |
22 | advertised for sale, once, in at least one newspaper of general |
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1 | circulation in the county, and sale of the property so |
2 | advertised shall be made to the highest and best bidder. The |
3 | bids shall not be opened until at least ten days after the said |
4 | advertisement. The commissioners may sell any such property at |
5 | auction, but the provisions as to notice contained in this |
6 | section shall be likewise observed as to the holding of auction |
7 | sales. [The provisions of this section shall not be mandatory |
8 | where county property is to be traded-in or exchanged for new |
9 | personal property. The provisions of this section shall not |
10 | apply to sale of personal property with real property as a |
11 | single unit pursuant to section 2306.1.] |
12 | (c) (1) An auction of personal property may be conducted by |
13 | means of an online or electronic auction sale. During an |
14 | electronic auction sale, bids shall be accepted electronically |
15 | at the time and in the manner designated in the advertisement, |
16 | and each bidder shall have the capability to view the bidder's |
17 | bid rank or the high bid price. Bidders may increase their bid |
18 | prices during the electronic auction. |
19 | (2) The record of the electronic auction shall be accessible |
20 | for public inspection. |
21 | (3) The purchase price shall be paid by the high bidder |
22 | immediately or at a reasonable time after the conclusion of the |
23 | electronic auction as determined by the board of county |
24 | commissioners. In the event that shipping costs are incurred, |
25 | they shall be paid by the high bidder. |
26 | (4) A county that has complied with the advertising |
27 | requirements of this subsection may provide additional public |
28 | notice of the sale by bids or public auction in any manner |
29 | deemed appropriate by the county commissioners. The |
30 | advertisement for electronic auction sales authorized by this |
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1 | subsection shall include the Internet address or means of |
2 | accessing the electronic auction and the date, time and duration |
3 | of the electronic auction. |
4 | (5) The board of county commissioners may reject any bids |
5 | received if the bids are believed to be less than the fair |
6 | market value of the property. |
7 | (d) The provisions of this section shall not be mandatory |
8 | where county property is to be traded in or exchanged for new |
9 | personal property. The provisions of this section shall not |
10 | apply to sale of personal property with real property as a |
11 | single unit pursuant to section 2306.1. |
12 | Section 2. This act shall take effect in 60 days. |
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