Bill Text: PA HB1367 | 2009-2010 | Regular Session | Introduced


Bill Title: Further providing, in Local Government Capital Project Loan Fund provisions, for assistance to municipalities.

Spectrum: Slight Partisan Bill (Republican 13-8)

Status: (Introduced - Dead) 2009-05-13 - Re-committed to APPROPRIATIONS [HB1367 Detail]

Download: Pennsylvania-2009-HB1367-Introduced.html

  

 

    

PRINTER'S NO.  1669

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1367

Session of

2009

  

  

INTRODUCED BY MURT, CURRY, BAKER, BELFANTI, CLYMER, DALEY, GEIST, GEORGE, GODSHALL, GOODMAN, GRELL, HENNESSEY, LONGIETTI, MOUL, O'NEILL, SIPTROTH, J. TAYLOR, VULAKOVICH, WATSON AND YUDICHAK, APRIL 28, 2009

  

  

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 28, 2009  

  

  

  

AN ACT

  

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Amending the act of April 9, 1929 (P.L.343, No.176), entitled,

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as amended, "An act relating to the finances of the State

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government; providing for the settlement, assessment,

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collection, and lien of taxes, bonus, and all other accounts

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due the Commonwealth, the collection and recovery of fees and

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other money or property due or belonging to the Commonwealth,

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or any agency thereof, including escheated property and the

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proceeds of its sale, the custody and disbursement or other

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disposition of funds and securities belonging to or in the

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possession of the Commonwealth, and the settlement of claims

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against the Commonwealth, the resettlement of accounts and

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appeals to the courts, refunds of moneys erroneously paid to

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the Commonwealth, auditing the accounts of the Commonwealth

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and all agencies thereof, of all public officers collecting

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moneys payable to the Commonwealth, or any agency thereof,

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and all receipts of appropriations from the Commonwealth,

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authorizing the Commonwealth to issue tax anticipation notes

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to defray current expenses, implementing the provisions of

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section 7(a) of Article VIII of the Constitution of

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Pennsylvania authorizing and restricting the incurring of

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certain debt and imposing penalties; affecting every

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department, board, commission, and officer of the State

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government, every political subdivision of the State, and

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certain officers of such subdivisions, every person,

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association, and corporation required to pay, assess, or

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collect taxes, or to make returns or reports under the laws

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imposing taxes for State purposes, or to pay license fees or

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other moneys to the Commonwealth, or any agency thereof,

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every State depository and every debtor or creditor of the

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Commonwealth," further providing, in Local Government Capital

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Project Loan Fund provisions, for assistance to

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municipalities.

 


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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 1603-D of the act of April 9, 1929

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(P.L.343, No.176), known as The Fiscal Code, amended or added

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October 6, 1997 (P.L.387, No.46) and July 5, 2006 (P.L.296,

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No.66), is amended to read:

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Section 1603-D.  Assistance to Municipalities.--(a)  The

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department is hereby authorized, upon application of a

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municipality, to make loans to the municipality for the

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following purposes and in the following amounts:

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1.  Purchasing equipment. The amount of a loan made for

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purchasing equipment shall not exceed [twenty-five thousand

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dollars ($25,000)] fifty thousand dollars ($50,000) for any

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single piece of equipment or fifty per centum of the total cost

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of the piece of equipment, whichever is less.

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2.  Purchasing, constructing, renovating or rehabilitating

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facilities. The amount of a loan made for purchasing,

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constructing, renovating or rehabilitating facilities shall not

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exceed [fifty thousand dollars ($50,000)] one hundred thousand

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dollars ($100,000) for any single facility or fifty per centum

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of the total cost for purchasing, constructing, renovating or

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rehabilitating the facility, whichever is less.

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[3.  Temporary increase in loan limits. For the fiscal year

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commencing July 1, 2006, loans issued pursuant to paragraph 1

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shall not exceed fifty thousand dollars ($50,000) and issued

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pursuant to paragraph 2 shall not exceed one hundred thousand

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dollars ($100,000).]

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(b)  Loans made by the department for the purchase of

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equipment shall be for a period not to exceed the useful life of

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the equipment, and loans made for the purchase, construction,

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renovation or rehabilitation of facilities shall be for a period

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of not more than [ten] twenty years. Loans shall be subject to

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the payment of interest at two per centum per annum and shall be

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subject to such security as shall be determined by the

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department. The total amount of interest earned by the

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investment or reinvestment of all or any part of the principal

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of any loan shall be returned to the department and transferred

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to the fund and shall not be credited as payment of principal or

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interest on the loan. The minimum amount of any loan shall be

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one thousand dollars ($1,000). The municipality shall comply

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with the approval requirements of 53 Pa.C.S. Ch. 80 Subch. C 

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(relating to procedure for securing approval of electors).

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(c)  Every application for a loan under this article shall be

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accompanied by a financial statement of the municipality and a

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financial plan to show how the loan will be repaid. Every

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application shall be accompanied by evidence sufficient to show

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that all costs, except the amount of the loan, will be met by

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assets or revenues of the municipality, grants or loans from

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other sources or in-kind contributions or services.

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(d)  Loans under this article shall be used for purchasing

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equipment and for purchasing, constructing, renovating or

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rehabilitating facilities and shall not be used for operating

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expenses or for the refinancing or reduction of any debt or

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obligation incurred prior to the effective date of this article.

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(e)  Loans made by the department shall be paid from the fund

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to municipalities in accordance with rules and regulations

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promulgated by the department.

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(f)  All payments of interest on loans and the principal

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thereof shall be deposited by the department in the fund.

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Section 2.  This act shall take effect in 60 days.

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