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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ARGALL, FONTANA, ERICKSON, ALLOWAY AND EARLL, JUNE 26, 2009 |
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| REFERRED TO STATE GOVERNMENT, JUNE 26, 2009 |
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| AN ACT |
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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: |
26 | Section 1. Section 510 of the act of April 9, 1929 (P.L.177, |
27 | No.175), known as The Administrative Code of 1929, amended July |
28 | 18, 1969 (P.L.165, No.67), is amended to read: |
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1 | Section 510. Disposition of Unserviceable Personal Property; |
2 | Surplus or Unserviceable Road, Bridge Materials or Equipment.-- |
3 | (a) Whenever any furnishings, or other personal property of |
4 | this Commonwealth, shall be no longer of service to the |
5 | Commonwealth, it shall be the duty of the department, board, or |
6 | commission, in whose possession such property shall be or come, |
7 | to put such property into the custody of the Department of |
8 | [Property and Supplies] General Services: Provided, however, |
9 | That in the case of any perishable property which is not in the |
10 | city of Harrisburg, the department, board, or commission, having |
11 | possession of the same, may sell it in such manner, and upon |
12 | such terms, as the head of the department, or the board, or |
13 | commission, may determine: And provided further, That any road |
14 | or bridge materials or equipment that have been declared surplus |
15 | or unserviceable by the Department of [Highways] Transportation |
16 | shall be offered for sale to counties, cities, boroughs, |
17 | incorporated towns and townships at the best available price by |
18 | the Department of [Property and Supplies] General Services. |
19 | Written notification of the availability of such material and |
20 | equipment shall be given to all counties, cities, boroughs, |
21 | incorporated towns and townships in the highway district in |
22 | which such material and equipment was last used. If more than |
23 | one such political subdivision requests the same material or |
24 | equipment, any sale shall be made to the political subdivision |
25 | making the highest letter bid. No sale shall be consummated |
26 | until after a minimum of fifteen (15) days from the date of |
27 | mailing the notification. All such material and equipment shall |
28 | be used by the procuring political subdivision upon roads, |
29 | streets and bridges. All moneys received for such material shall |
30 | be deposited in the Motor License Fund. |
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1 | (b) Subsection (a) shall apply to the disposition of a |
2 | surplus vehicle only if the surplus vehicle is not disposed of |
3 | in accordance with section 510.1. |
4 | ["Unserviceable property," as used in this section,] (c) |
5 | "Unserviceable property" shall not include products |
6 | manufactured, grown, or raised, by any department, board, or |
7 | commission, or by the inmates or patients of any State |
8 | institution, or minerals, oil, gas, or other materials, taken |
9 | from any property of the Commonwealth. It shall include only |
10 | articles previously purchased by the Commonwealth, or any agency |
11 | thereof, and paid for out of funds of or in the control of the |
12 | Commonwealth. |
13 | Section 2. The act is amended by adding a section to read: |
14 | Section 510.1. Disposition of Surplus Vehicles to Qualified |
15 | Municipalities.--(a) Prior to employing the procedure for |
16 | disposing property under section 510(a), surplus vehicles shall |
17 | be offered for disposal to qualified municipalities in |
18 | accordance with the procedures and priorities and for the |
19 | consideration, if any, established under this section. |
20 | (b) In the disposition of surplus vehicles to qualified |
21 | municipalities, the following classes of priority shall apply: |
22 | (1) First priority shall be given to a qualified |
23 | municipality that is a financially distressed municipality, as |
24 | defined in section 203(f) of the act of July 10, 1987 (P.L.246, |
25 | No.47), known as the "Municipalities Financial Recovery Act." |
26 | (2) Second priority shall be given to a qualified |
27 | municipality that requests the surplus vehicle as part of a |
28 | council of governments on which it has membership or through an |
29 | intergovernmental cooperation agreement to which it is a party, |
30 | in accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to |
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1 | intergovernmental cooperation), provided that the surplus |
2 | vehicle furthers the purpose of the council of governments or |
3 | intergovernmental cooperation agreement. In order to qualify for |
4 | this priority, one of the members of a council of governments or |
5 | parties to an intergovernmental cooperation agreement must be a |
6 | qualified municipality. |
7 | (3) Third priority shall be given to a qualified |
8 | municipality that does not meet the criteria of paragraph (1) or |
9 | (2). |
10 | (c) If more than one qualified municipality in the same |
11 | priority class under subsection (b) is interested in the same |
12 | surplus vehicle, the department shall determine which qualified |
13 | municipality in the class shall be given preference, in |
14 | accordance with standards established by the department, which |
15 | may include, but need not be limited to, the following: |
16 | (1) A municipality's rate of individual poverty as |
17 | determined by the most recent Federal decennial census, |
18 | currently found in the United States Census Bureau's Table DP-3, |
19 | Profile of Selected Economic Characteristics. |
20 | (2) A municipality that has levied the maximum allowable |
21 | real estate tax for general purposes and earned income tax as |
22 | provided by applicable law. |
23 | (3) A municipality's demonstrated need for the vehicle to be |
24 | acquired. |
25 | (d) In addition to paying the cost, if any, of transporting |
26 | the surplus vehicle from its location to the municipality, a |
27 | qualified municipality that acquires a surplus vehicle in |
28 | accordance with this section shall pay the following |
29 | consideration: |
30 | (1) A qualified municipality in the first priority class |
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1 | under subsection (b)(1) shall not be required to pay anything |
2 | toward the fair market value established by the department. |
3 | (2) A qualified municipality in the second priority class |
4 | under subsection (b)(2) shall pay twenty-five per centum (25%) |
5 | of the fair market value established by the department. |
6 | (3) A qualified municipality in the third priority class |
7 | under subsection (b)(3) shall pay fifty per centum (50%) of the |
8 | fair market value established by the department. |
9 | All moneys received for such surplus vehicles shall be deposited |
10 | in the Motor License Fund. |
11 | (e) In administering the provisions of this section, the |
12 | department shall have the following powers and duties: |
13 | (1) To notify all municipalities in this Commonwealth of the |
14 | existence of the program set forth in this section. |
15 | (2) To provide for and develop the application process for |
16 | municipalities to become qualified municipalities and to |
17 | establish that they meet the criteria of a qualified |
18 | municipality as defined in this section. |
19 | (3) To develop procedures by which qualified municipalities |
20 | are notified, either through printed or electronic means, of |
21 | available surplus vehicles. |
22 | (4) To develop the process by which qualified municipalities |
23 | may request a particular surplus vehicle, which request form |
24 | shall state that the qualified municipality understands and |
25 | accepts that the department's selection of a qualified |
26 | municipality for each surplus vehicle is final and unappealable. |
27 | (5) To establish deadlines for: |
28 | (i) Requests for surplus vehicles to be received by the |
29 | department. |
30 | (ii) Notification by the department to the qualified |
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1 | municipality of a surplus vehicle or vehicles for which it has |
2 | been selected to receive or purchase. |
3 | (iii) Payment for the surplus vehicle or vehicles by the |
4 | selected qualified municipality. |
5 | (iv) Conveyance of the surplus vehicle or vehicles to the |
6 | selected qualified municipality. |
7 | (6) To promulgate regulations and take other action |
8 | necessary to carry out the program set forth in this section. |
9 | (f) Qualified municipalities that participate in the program |
10 | authorized by this section or municipalities applying to become |
11 | a qualified municipality, as relevant, shall have the following |
12 | duties: |
13 | (1) To submit to the department a completed application form |
14 | to become a qualified municipality which form shall include, but |
15 | not necessarily be limited to, an attestation clause to be |
16 | signed by the presiding officer of the municipality's governing |
17 | body that the submitted copy of the municipality's most recently |
18 | enacted ordinance adopting the municipality's annual budget is |
19 | true and accurate and that the submitted Federal decennial |
20 | information regarding the municipality is as published by the |
21 | United States Census Bureau for the most recent Federal |
22 | decennial census. |
23 | (2) To submit to the department a timely request for the |
24 | desired surplus vehicle or vehicles. |
25 | (3) To promptly pay the cost, if any, of the surplus vehicle |
26 | or vehicles awarded by the department. |
27 | (4) To arrange for the transportation or pickup of the |
28 | surplus vehicle or vehicles from its location to the selected |
29 | qualified municipality's location. |
30 | (5) To use any surplus vehicle that has been received |
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1 | through the process set forth in this section for municipal |
2 | purposes or, if the qualified municipality disposes of the |
3 | vehicle, to ensure that the disposal shall only be done in |
4 | accordance with the applicable statute for that class of |
5 | municipality for disposal of personal property and, in which |
6 | case, the proceeds shall be returned to the Commonwealth and |
7 | deposited in the Motor License Fund. |
8 | (g) As used in this section, the following words and phrases |
9 | shall have the meanings given to them in this subsection: |
10 | "Annual operating budget." The annual financial plan of a |
11 | municipality that sets forth anticipated expenditures from |
12 | various municipal funds, including expenditures from the General |
13 | Fund, special revenue funds and proprietary funds for the |
14 | purpose of satisfying municipal operating costs, but excluding |
15 | outlays for nonrecurring capital improvements and appropriations |
16 | to and expenditures from the capital reserve fund of the |
17 | municipality. |
18 | "Department." The Department of General Services of the |
19 | Commonwealth. |
20 | "Qualified municipality." A municipality within this |
21 | Commonwealth that has certified to the Department of General |
22 | Services in accordance with this section that it has four |
23 | thousand (4,000) or fewer residents and an annual operating |
24 | budget of one million five hundred thousand dollars |
25 | ($1,500,000), or less. |
26 | "Surplus vehicle." Any vehicle, as defined by 75 Pa.C.S. |
27 | (relating to vehicles), that has been declared surplus or |
28 | unserviceable, as defined in section 510, by the Department of |
29 | Transportation of the Commonwealth and which has been assigned a |
30 | fair market value by the Department of General Services. |
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1 | Section 3. This act shall take effect in 60 days. |
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