Pennsylvania Act 2002-163 — UNCLAIMED GARMENT DISPOSAL - AMEND UNCLAIMED FOOTWEAR AND OTHER ITEMS LEFT WITH SHOE REPAIRERS

Act text

UNCLAIMED GARMENT DISPOSAL - AMEND UNCLAIMED FOOTWEAR AND OTHER ITEMS
                         LEFT WITH SHOE REPAIRERS
                 Act of Dec. 9, 2002, P.L. 1359, No. 163              Cl. 06
                             Session of 2002
                               No. 2002-163

     HB 1255

                                  AN ACT

     Reenacting and amending the act of December 21, 1988 (P.L.1860,
        No.178), entitled "An act providing for the disposal of
        unclaimed garments," providing for the disposal of unclaimed
        footwear and other items left with shoe repairers.

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

        Section 1.  The title and sections 1, 2, 3, 4, 5, 6, 7 and 8
     of the act of December 21, 1988 (P.L.1860, No.178), entitled "An
     act providing for the disposal of unclaimed garments" are
     reenacted and amended to read:
                                  AN ACT
     Providing for the disposal of unclaimed garments, footwear and
        other items left with certain retail establishments.
      Section 1.  Unclaimed garments and footwear.
        A garment or other item left with a retail dry cleaner or
     retail launderer for dry cleaning or laundering and footwear or
     other item left with a shoe repairer may be disposed of by the
     dry cleaner [or], launderer or shoe repairer without liability
     or responsibility for the [garment] item or for proceeds
     realized from its disposal, provided the requirements of this
     act are complied with.
      Section 2.  Receipt for garments and footwear.
        At the time a dry cleaner or launderer receives garments or
     other items from a customer for cleaning or laundering and at
     the time a shoe repairer receives footwear or other items from a
     customer for repair, the dry cleaner [or], launderer or shoe
     repairer shall provide to the customer a deposit receipt
     containing the name and mailing address of the customer, a basic
     description of the [garments] items along with a statement of
     the quantity of [each garment] items left, an itemization of the
     charges for the work to be done and the projected date when the
     [garments] items shall be ready for pickup by the customer.
      Section 3.  Notice.
        If [a garment] an item is not retrieved and paid for by a
     customer within 90 days of the ready date specified on the
     customer's receipt, the cleaner [or], launderer or shoe repairer
     may provide a written notice to the customer by certified mail,
     return receipt requested, mailed to the customer at the address
     given on the deposit receipt. Such notice shall specify the
     amount owing to the cleaner [or], launderer or shoe repairer and
     state that the [garment] item shall be disposed of by the
     cleaner [or], launderer or shoe repairer within 30 days from the
     date of delivery of the notice unless the [garment] item is
     claimed by the customer and all charges are paid in full.
      Section 4.  Refused or unclaimed notices.
        If a notice mailed pursuant to section 3 is returned to the
     cleaner [or], launderer or shoe repairer as being unclaimed or
     delivery refused, the cleaner [or], launderer or shoe repairer
     shall send a second notice to the customer by mail, first class
     postage prepaid, with a certificate of mailing, indicating that
     the [garment] item will be disposed of by the cleaner [or],
     launderer or shoe repairer within 30 days of the date of mailing
     of the letter unless the [garment] item is claimed by the
     customer and all charges are paid in full.
      Section 5.  Disposal of unclaimed property.
        If a customer does not claim [a garment] an item and pay all
     charges due and owing, including the cost of mailing the notices
     specified in sections 3 and 4, and any charge for storage,
     within 30 days of the receipt of a notice mailed in accordance
     with section 3 or within 30 days of the mailing of a notice in
     accordance with section 4 or within 30 days of the date a notice
     mailed in accordance with section 4 is returned to the sender
     with a notation that the addressee has moved and left no
     forwarding address, the cleaner [or], launderer or shoe repairer
     may dispose of the [garment] item in any manner whatsoever. The
     notice specified in section 3 shall be considered to be received
     by the addressee if signed for by the addressee or by a person
     signing on behalf of the addressee.
      Section 6.  Charitable donation.
        Without regard to the provisions of sections 2, 3, 4 and 5,
     any [garment] item which remains unclaimed for a period of one
     year from the ready date indicated on the [garment] item receipt
     may be donated by the cleaner [or], launderer or shoe repairer
     to any charitable, religious or educational organization of a
     cleaner's [or], launderer's or shoe repairer's choice, provided
     the organization falls within the definition of tax-exempt
     organization as specified in section 501(c)(3) of the Internal
     Revenue Code of 1954 (68A Stat. 3, 26 U.S.C. § 501(c)(3)). The
     donation shall be made only if the cleaner [or], launderer or
     shoe repairer first sends to the customer, at the address listed
     on the [garment] item receipt, by mail, postage prepaid,
     including a certificate of mailing, a notice that the [garment]
     item will be so disposed of subsequent to 30 days from the
     mailing date of the notice if the [garment] item is not claimed
     and all outstanding charges paid.
      Section 7.  Public notice of disposal procedures.
        A cleaner [or], launderer or shoe repairer shall prominently
     display at each location where garments, footwear and other
     items are received from the public a sign indicating that
     [garments] items not claimed within 90 days of the ready date
     may be disposed of by the cleaner [or], launderer or shoe
     repairer, after notice to the customer as provided by law.
      Section 8.  Other remedies.
        The provisions of the act of May 7, 1925 (P.L.557, No.300),
     entitled "An act to provide for the sale of property against
     which a common law lien may exist for repairs and material; and
     the method of procedure thereon," shall continue to be available
     to cleaner [and], launderer and shoe repairer bailees of
     personal property as heretofore, as shall any other remedies
     provided by the common law or statutory law of this
     Commonwealth, to the extent that they are not inconsistent with
     the provisions of this act.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 9th day of December, A. D. 2002.

     MARK S. SCHWEIKER