PRINTER'S NO. 467 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No.484 Session of 2025 INTRODUCED BY BIZZARRO, GUENST, PROBST, SANCHEZ, MALAGARI, KENYATTA, DONAHUE, SCHLOSSBERG, DALEY, GREEN AND CEPEDA- FREYTIZ, FEBRUARY 4, 2025 REFERRED TO COMMITTEE ON APPROPRIATIONS, FEBRUARY 4, 2025 AN ACT Amending the act of April 9, 1929 (P.L.343, No.176), entitled "An act relating to the finances of the State government; providing for cancer control, prevention and research, for ambulatory surgical center data collection , for the Joint Underwriting Association, for entertainment business financial management firms, for private dam financial assurance and for reinstatement of item vetoes; providing for the settlement, assessment, collection, and lien of taxes, bonus, and all other accounts due the Commonwealth, the collection and recovery of fees and other money or property due or belonging to the Commonwealth, or any agency thereof, including escheated property and the proceeds of its sale, the custody and disbursement or other disposition of funds and securities belonging to or in the possession of the Commonwealth, and the settlement of claims against the Commonwealth, the resettlement of accounts and appeals to the courts, refunds of moneys erroneously paid to the Commonwealth, auditing the accounts of the Commonwealth and all agencies thereof, of all public officers collecting moneys payable to the Commonwealth, or any agency thereof, and all receipts of appropriations from the Commonwealth, authorizing the Commonwealth to issue tax anticipation notes to defray current expenses, implementing the provisions of section 7(a) of Article VIII of the Constitution of Pennsylvania authorizing and restricting the incurring of certain debt and imposing penalties; affecting every department, board, commission, and officer of the State government, every political subdivision of the State, and certain officers of such subdivisions, every person, association, and corporation required to pay, assess, or collect taxes, or to make returns or reports under the laws imposing taxes for State purposes, or to pay license fees or other moneys to the Commonwealth, or any agency thereof, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 every State depository and every debtor or creditor of the Commonwealth," in disposition of abandoned and unclaimed property, further providing for certificate of finder registration, for notice and publication of lists of property subject to custody and control of the Commonwealth under this article, for income accruing after payment or delivery, for deposit of funds, for determination of claims, for penalties and for interdepartmental cooperation and providing for annual report. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 1301.11a(a)1 and (b)3(iii) of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, are amended and subsection (b) is amended by adding a clause to read: Section 1301.11a. Certificate of Finder Registration.--(a) Except for a person who is admitted to practice law before a court of a Federal or State jurisdiction or subject to section 1301.11(i), a person may not on behalf of another: 1. engage in an activity , including advertising, soliciting or offering to provide services, for the purpose of locating, delivering, recovering or assisting in the recovery of abandoned or unclaimed property; and * * * (b) An application for a certificate of registration shall be in writing and on the form prescribed by the State Treasurer and accompanied by a recent full face color photograph of the applicant. In addition to information that may be requested by the State Treasurer, the application shall provide the following: * * * 3. A statement that, to the applicant's knowledge, the applicant is not the subject of an ongoing investigation or prosecution involving an alleged violation of a provision of 20250HB0484PN0467 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 this article or an offense of: * * * (iii) perjury, false swearing, fraud or other offense as enumerated in 18 Pa.C.S. Ch. 49 Subch. A or its equivalent if committed in another jurisdiction; [ and] 3.1. A statement that the applicant agrees to limit the applicant's fee, compensation, commission or other remuneration for the purpose of locating, delivering, recovering or assisting in the recovery of abandoned or unclaimed property to no more than fifteen per centum of the amount recovered; and * * * Section 2. Section 1301.12(b)3 of the act is amended, subsection (b) is amended by adding a clause and the section is amended by adding a subsection to read: Section 1301.12. Notice and Publication of Lists of Property Subject to Custody and Control of the Commonwealth under this Article.--* * * (b) The published notice shall be entitled "Notice of Names of Persons Appearing to be Owners of Abandoned and Unclaimed Property," and shall contain: * * * 3. A statement that a proof of claim should be presented by the owner to the holder within three (3) months from the date of the published notice, and that thereafter claims should be filed with the State Treasurer[ .]; 4. Information on how to access the Internet website of the Treasury Department to search for any other unclaimed property and information on the electronic transfer of money for the payment of a claim allowed by the State Treasurer. * * * 20250HB0484PN0467 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (g) The State Treasurer shall maintain on the Internet website of the Treasury Department the following information on an ongoing basis: 1. A description of each unclaimed property held by the Commonwealth. 2. A searchable database, including identifying information kept by the State Treasurer, to assist an owner in identifying the owner's unclaimed property. 3. Each report required under section 1301.28c. 4. Allow for electronic submission for documentation deemed appropriate by the State Treasurer. 5. Authorize direct deposit of money by electronic transfer for the payment of a claim allowed by the State Treasurer. 6. A list of each person with a certificate of registration under section 1301.11a, the date that each certificate of registration expires and notice when each certificate of registration has been revoked or renewal has been refused by the State Treasurer under section 1301.11b. Section 3. Section 1301.15 of the act is amended to read: Section 1301.15. Income Accruing After Payment or Delivery.--[When] Except as provided under section 1301.18(c), when property is paid or delivered to the State Treasurer under this article, the owner is entitled to receive income or other increments actually received by the State Treasurer. Section 4. Section 1301.18(a) of the act is amended and the section is amended by adding a subsection to read: Section 1301.18. Deposit of Funds.--(a) Except as provided in subsection (a.1), all funds received under this article, including the proceeds from the sale of property under section 1301.17, shall forthwith be deposited by the State Treasurer in 20250HB0484PN0467 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 the General Fund of the Commonwealth except that the State Treasurer shall retain in a separate trust fund an amount not exceeding twenty-five thousand dollars ($25,000) plus [ twenty] twenty-five per centum of deposits and sums paid to the State Treasurer under subsection (c) of section 1301.13 during the preceding twelve (12) months from which the State Treasurer shall make reimbursements under section 1301.14 and prompt payment of claims duly allowed under section 1301.19. Before making the deposit, the State Treasurer shall record the name and last known address of each person appearing from the holders' reports to be entitled to the property and of the name and last known address of each insured person or annuitant, and with respect to each policy or contract listed in the report of an insurer, its number, the name of the insurer and the amount due. The record with respect to any specific claim shall be available to the claimant at all regular business hours. * * * (c) The State Treasurer shall use five per centum of deposits and sums paid to the State Treasurer under subsection (c) of section 1301.13 during the preceding twelve (12) months to implement an education and outreach campaign to inform the public of the unclaimed property process, including through the use of direct mailings, advertisements and educational materials. The State Treasurer shall design educational materials suitable for the direct mailings, including information on finding and claiming unclaimed property. In implementing this subsection, the State Treasurer shall have the authority to enter a memorandum of understanding with each State agency that contacts the public for the purpose of including the educational materials in other types of direct mailings, 20250HB0484PN0467 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 including State tax forms and annual professional licensure renewals, and to prominently display a link to find and claim unclaimed property on the publicly accessible Internet websites of each State agency. Section 5. Section 1301.20 of the act is amended by adding subsections to read: Section 1301.20. Determination of Claims.--* * * (c) The State Treasurer shall waive a requirement of a claim filed under this article and automatically return unclaimed property held by the State Treasurer if all of the following apply: 1. The person receiving the property is the sole owner of the property. 2. The property is valued at ten thousand dollars ($10,000) or less. 3. There is evidence sufficient to establish to the reasonable satisfaction of the State Treasurer that the person is the owner of the property. 4. Identifying information has been verified during the preceding year in accordance with section 1301.28a. (d) If the State Treasurer has identified a person who would otherwise qualify for automatic reimbursement under subsection (c), but the claim exceeds ten thousand dollars ($10,000), the Treasury Department shall notify the person through the use of the verified identifying information under section 1301.11 and provide information on how to file a claim under this article. Section 6. Section 1301.25(d) of the act is amended to read: Section 1301.25. Penalties.--* * * (d) A person who is found to have violated section 1301.11 or 1301.11a, in addition to other sanctions under this article, 20250HB0484PN0467 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 shall be guilty of a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine not to exceed [ one thousand dollars ($1,000) ] ten thousand dollars ($10,000) for the first offense. A person who is found guilty of a [subsequent] second offense shall be subject to a fine not to exceed [five thousand dollars ($5,000). ] fifteen thousand dollars ($15,000). A person who is found guilty of a third or subsequent offense shall be guilty of a felony of the third degree and subject to a fine not to exceed one hundred thousand dollars ($100,000). Section 7. Section 1301.28a(c) of the act is amended and the section is amended by adding a subsection to read: Section 1301.28a. Interdepartmental Cooperation.--* * * (b.1) For the purpose of implementing this article, and in accordance with Federal law, the Treasury Department shall establish a data sharing program to locate or verify identifying information of individuals listed in the Treasury Department's records as owners of unclaimed property at least annually with the collaboration of the following agencies: (1) The Department of Revenue. (2) The Department of State. (3) The Department of Transportation. (4) The Department of Labor and Industry. (5) The Office of Income Maintenance in the Department of Human Services. (c) Upon receipt of the information referred to in subsections (a) [and], (b) and (b.1), the Treasury Department shall keep the information confidential and shall use it solely to assist in the process of returning unclaimed property to its rightful owner. 20250HB0484PN0467 - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Section 8. The act is amended by adding a section to read: Section 1301.28c. Annual Report.--The State Treasurer shall prepare an annual report on the status of unclaimed property in this Commonwealth, including the amount of unclaimed property remitted to the Commonwealth by county, the amount of unclaimed property returned to the owner by county, the current balance of unclaimed property held by the Commonwealth by county and the actions taken by the State Treasurer under section 1301.18(c) to increase awareness of unclaimed property and the cost incurred for the actions. The State Treasurer shall submit the report no later than July 30 of each year to the chair and minority chair of the Appropriations Committee of the Senate and chair and minority chair of the Appropriations Committee of the House of Representatives. Section 9. This act shall take effect in 60 days. 20250HB0484PN0467 - 8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15