Pennsylvania Statutes Title 72 P.S. Taxation and Fiscal Affairs § 1301.1. Definitions




As used in this article, unless the context otherwise requires:

“Business association” shall include any corporation (other than a public corporation), joint stock company, business trust, partnership or any association of two (2) or more individuals for business purposes, whether organized or operated under State or Federal law.

“Crime Victim's Compensation Fund” shall mean the special nonlapsing fund created by the act of November 24, 1998 (P.L. 882, No. 111),  [FN1] known as the “Crime Victims Act.”

“Electronic” shall mean relating to technology having electrical, digital, magnetic, wireless, optical, electromagnet or similar capabilities.

“Financial institution” shall include a bank, a private bank, a bank and trust company, a savings association, a savings bank, a trust company, a savings and loan association, a building and loan association, a credit union, and any issuer of travelers checks, money orders, or similar monetary obligations or commitments, whether organized or operated under State or Federal law.

“General use prepaid cards” shall mean cards issued only by a bank or other similarly regulated financial institution or by a licensed money transmitter and shall mean plastic cards or other electronic payment devices which are:

(1) usable and honored upon presentation at multiple, unaffiliated merchants or service providers for goods or services or at automated teller machines (ATMs);  and

(2) issued in a requested prepaid amount which amount may be, at the option of the issuer, increased in value or reloaded if requested by the holder.

The term shall not include debit cards linked to a deposit account or prepaid telephone calling cards.  The term also shall not include flexible spending arrangements, including health reimbursement arrangements, as defined in section 106(c)(2) of the Internal Revenue Code of 1986 ( Public Law 99-514 , 26 U.S.C. § 106(c)(2) );  flexible spending accounts subject to section 125 of the Internal Revenue Code of 1986;  Archer MSAs as defined in section 220(d) of the Internal Revenue Code of 1986;  dependent care reimbursement accounts subject to section 129 of the Internal Revenue Code of 1986;  health savings accounts subject to section 223(d) of the Internal Revenue Code of 1986;  or similar accounts from which, under the Internal Revenue Code of 1986 and its implementing regulations, individuals may pay medical expenses, health care expenses, dependent care expenses or similar expenses on a pretax basis.

“Gift card” shall mean plastic cards or other electronic payment devices which are:

(i) usable and honored upon presentation at a single merchant or an affiliated group or merchants that share the same name, mark or logo, or usable at multiple, unaffiliated merchants or service providers for the future purchase or delivery of any goods or services;  and

(ii) issued in a specified prepaid amount and may or may not be increased in value or reloaded.

The term shall not include general use prepaid cards or debit cards linked to a deposit account.  The term also shall not include flexible spending arrangements, including health reimbursement arrangements, as defined in section 106(c)(2) of the Internal Revenue Code of 1986 ( Public Law 99-514 , 26 U.S.C. § 106(c)(2) );  flexible spending accounts subject to section 125 of the Internal Revenue Code of 1986;  Archer MSAs as defined in section 220(d) of the Internal Revenue Code of 1986;  dependent care reimbursement accounts subject to section 129 of the Internal Revenue Code of 1986;  health savings accounts subject to section 223(d) of the Internal Revenue Code of 1986;  or similar accounts from which, under the Internal Revenue Code and its implementing regulations, individuals may pay medical expenses, health care expenses, dependent care expenses or similar expenses on a pretax basis.

“Gift certificate” shall mean a written promise which is:

(i) usable and honored upon presentation at a single merchant or an affiliated group of merchants that share the same name, mark or logo, or usable at multiple, unaffiliated merchants or service providers for the future purchase or delivery of any goods or services;  and

(ii) issued in a specific prepaid amount and may or may not be increased in value or reloaded.

The term shall not include general use prepaid cards or debit cards linked to a deposit account.  The term also shall not include flexible spending arrangements, including health reimbursement arrangements, as defined in section 106(c)(2) of the Internal Revenue Code of 1986 ( Public Law 99-514 , 26 U.S.C. § 106(c)(2) );  flexible spending accounts subject to section 125 of the Internal Revenue Code of 1986;  Archer MSAs as defined in section 220(d) of the Internal Revenue Code of 1986;  dependent care reimbursement accounts subject to section 129 of the Internal Revenue Code of 1986;  health savings accounts subject to section 223(d) of the Internal Revenue Code of 1986;  or similar accounts from which, under the Internal Revenue Code and its implementing regulations, individuals may pay medical expenses, health care expenses, dependent care expenses or similar expenses on a pretax basis.

“Holder” shall mean a person obligated to hold for the account of or deliver or pay to the owner property which is subject to this article and shall include any person in possession of property subject to this article belonging to another, or who is a trustee in case of a trust, or is indebted to another on an obligation subject to this article and the agent or legal representative of the person obligated, the person in possession, the trustee or the debtor.

“Indicated an interest in property” shall mean any contact, communication or transaction, related to property, from the owner, or involving some affirmative action by the owner, which is documented in a contemporaneous record prepared by or on behalf of the holder or in the possession of the holder, including:

(i) a written contact, communication or transaction;

(ii) a secure or password-protected electronic contact, communication or transaction;

(iii) a verbal contact, communication or transaction, in which the holder takes reasonable action to verify the identity of the owner;  or

(iv) a contact, communication or transaction, which is evidenced by other criteria provided by the State Treasurer.

“Insurer” shall include any person authorized to conduct an insurance business under the laws of this Commonwealth or under the laws of any other jurisdiction.

“Owner” shall mean a person that has a legal or equitable interest in property subject to this article or a person whose name appears on the record of a holder as the person entitled to property held, issued or owing by the holder and shall include a depositor in case of a deposit, a creditor, claimant or payee in case of other choses in action and a legal representative of the person with the interest, the entitled person, the depositor, the creditor, the claimant or the payee.

“Person” shall include any individual, business association, government, or political subdivision, public corporation, public authority, estate, trust, two (2) or more persons having a joint or common interest, or any other legal or commercial entity.

“Property” shall include all real and personal property, tangible or intangible, all legal and equitable interests therein, together with any income, accretions, or profits thereof and thereon, and all other rights to property, subject to all legal demands on the same.  The term shall not include property deemed lost at common law.

“Qualified gift certificate” shall mean a gift certificate or gift card that does not contain any of the following:

(i) An expiration date or a period of time after which it expires.

(ii) Any type of postsale charge or fee, including, but not limited to, a service charge, dormancy fee, account maintenance fee, cash-out fee, replacement card fee or activation or reactivation fee.

The term shall not include general use prepaid cards.

“Record” shall mean information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

“Restitution” shall mean restitution ordered by a court in accordance with the provisions of 18 Pa.C.S. § 1106 (relating to restitution for injuries to person or property) and collected in accordance with the provisions of 42 Pa.C.S. § 9728 (relating to collection of restitution, reparation, fees, costs, fines and penalties).

“United States savings bond” shall mean property, tangible or intangible, in the form of a savings bond issued by the United States Treasury, whether in paper, electronic or paperless form, along with all the proceeds of the savings bond.

“Utility” shall include any person who owns or operates, for public use, any plant, equipment, property, franchise, or license for the transmission of communications, or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam or gas.

[FN1]

 18 P.S. § 11.101 et seq.





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