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§ 308.1. Lists of uncashed Commonwealth checks

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal Affairs

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 72 P.S. Taxation and Fiscal Affairs
Chapter 1. The Fiscal Code (Refs & Annos)
Article III. Treasury Department
72 P.S. § 308.1
Formerly cited as PA ST 72 P.S. § 308a
§ 308.1. Lists of uncashed Commonwealth checks
Currentness
(a) Any uncashed check or record of any such check issued by the State Treasurer from funds of the Commonwealth, which is uncashed within the time period specified on the face of the check, shall not be available for examination, inspection or copying by any person within twenty-four (24) months from the date the Treasury Department becomes aware that such check is uncashed. After the twenty-four-month time period provided for in this section, the State Treasurer shall make a list of uncashed checks available for examination, inspection or copying at fees to be determined by the State Treasurer.
(b) All agreements or powers of attorney entered into to recover the amount payable on the uncashed check within the twenty-four-month period set forth in subsection (a) shall be void.
(c) All such agreements entered into after the twenty-four-month period shall be valid and enforceable only if the agreements:
1. are in writing and duly signed and acknowledged by the payee designated on the uncashed check or record;
2. clearly state the fee or compensation to be paid, which shall not exceed ten per centum of the value of the uncashed check;
3. disclose the check number, pay date and amount payable of uncashed check; and
4. disclose that the State Treasurer is the person who will be contacted to recover the amount payable.
(d) Subsection (b) shall not apply to any agreement or power of attorney entered into between the personal representative, guardian, trustee or other person in a representative capacity to the owner of the property in which such person has an interest for a fixed fee or hourly or daily rate not contingent upon the discovery of property or the value of property discovered: Provided, however, That any such agreement under this subsection for the purpose of evading the provisions of subsection (b) shall be void.
(e) Nothing in this section shall be construed to prevent an owner from asserting, at any time, that any agreement to locate or reveal abandoned and unclaimed property reported to the State Treasurer is based on an excessive or unjust consideration.
(f) To the maximum extent feasible, the State Treasurer shall be entitled to request and receive and shall utilize and be provided with such facilities, resources and data of any court, department, division, board, bureau, commission or agency of the Commonwealth or any political subdivision thereof as it may reasonably request to carry out properly its powers and duties hereunder.

Credits

1929, April 9, P.L. 343, No. 176, art. III, § 308.1, added 1994, Dec. 12, P.L. 1015, No. 138, § 3, imd. effective.
72 P.S. § 308.1, PA ST 72 P.S. § 308.1
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document