PRINTER'S NO. 706
No. 668 Session of 2001
INTRODUCED BY KUKOVICH, BELL, BOSCOLA, CORMAN, COSTA, HOLL, HUGHES, KASUNIC, KITCHEN, LAVALLE, LOGAN, MELLOW, MUSTO, O'PAKE, RHOADES, SCHWARTZ, STOUT, TARTAGLIONE AND WAGNER, MARCH 19, 2001
REFERRED TO LOCAL GOVERNMENT, MARCH 19, 2001
AN ACT 1 Providing for a loan program for local police agencies funded by 2 a bond issuance; establishing the Police Agency Loan Division 3 in the Pennsylvania Emergency Management Agency; and 4 conferring powers and duties on the Secretary of the 5 Commonwealth and the Legislative Reference Bureau. 6 TABLE OF CONTENTS 7 Chapter 1. Preliminary Provisions 8 Section 101. Short title. 9 Section 102. Definitions. 10 Chapter 3. Administration 11 Section 301. Division. 12 Section 302. Fund. 13 Chapter 5. Loan Program 14 Section 501. Authority. 15 Section 502. Loans. 16 Chapter 7. Debt 17 Section 701. Authority to borrow. 18 Section 702. Bonds.
1 Section 703. Sale of bonds. 2 Section 704. Refunding bonds. 3 Section 705. Registration of bonds. 4 Section 706. Proceeds. 5 Section 707. Sinking fund. 6 Section 708. Referendum. 7 Chapter 31. Miscellaneous Provisions 8 Section 3101. Repeals. 9 Section 3102. Effective date. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 CHAPTER 1 13 PRELIMINARY PROVISIONS 14 Section 101. Short title. 15 This act shall be known and may be cited as the Police Agency 16 Loan Act. 17 Section 102. Definitions. 18 The following words and phrases when used in this act shall 19 have the meanings given to them in this section unless the 20 context clearly indicates otherwise: 21 "Division." The Police Agency Loan Division of the 22 Pennsylvania Emergency Management Agency established in section 23 301. 24 "Fund." The Police Agency Loan Fund established in section 25 302. 26 "PEMA." The Pennsylvania Emergency Management Agency. 27 "Police agency." A police department of a city, town, 28 township, borough or home rule municipality which: 29 (1) has police coverage for a minimum of 40 hours per 30 week; and 20010S0668B0706 - 2 -
1 (2) has had, for the preceding 18 months, police 2 coverage for a minimum of 40 hours per week. 3 The term includes an office of county detectives working for a 4 district attorney and a regional police department organized 5 under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental 6 cooperation). 7 "Secretary." The Secretary of the Commonwealth. 8 "Sinking fund." The Police Agency Loan Sinking Fund 9 established in section 707. 10 CHAPTER 3 11 ADMINISTRATION 12 Section 301. Division. 13 (a) Establishment.--The Police Agency Loan Division is 14 established as a division of PEMA. 15 (b) Powers and duties.--The division has the following 16 powers and duties: 17 (1) To administer the fund as set forth in section 18 302(c). 19 (2) To administer Chapter 5. 20 (3) To collect loans made under section 502(c). This 21 paragraph includes the power to institute actions for legal 22 or equitable relief. 23 (4) To promulgate regulations to implement this act. 24 Section 302. Fund. 25 (a) Establishment.--The Police Agency Loan Fund is 26 established as a separate fund in the State Treasury. 27 (b) Source.--The following are the sources of the fund: 28 (1) The proceeds from the sale of bonds under section 29 706. 30 (2) The proceeds from the repayment of principal and 20010S0668B0706 - 3 -
1 interest of loans under section 502(c). 2 (c) Purpose.--The division shall administer the fund to do 3 all of the following: 4 (1) Repay the State Treasurer for the cost of the bond 5 issue under sections 703, 704 and 705. 6 (2) Make loans under section 502(c). 7 (3) Collect loans under section 301(b)(3). 8 (4) Administer this act. In any fiscal year, the 9 division may use for administrative costs 1% of the aggregate 10 debt authorized under section 701. 11 CHAPTER 5 12 LOAN PROGRAM 13 Section 501. Authority. 14 (a) Authorization.--The division may make a loan to a 15 political subdivision for a police agency of the political 16 subdivision as necessary for the proper performance of the 17 police agency's law enforcement duties, to do any of the 18 following: 19 (1) Purchase, expand, modernize or repair buildings or 20 portions of buildings which are used exclusively for police 21 purposes. This paragraph includes police headquarters, police 22 substations and police maintenance garages. 23 (2) Purchase equipment. 24 (3) Purchase vehicles. 25 (b) Amount.--A loan under subsection (a) for the purchase, 26 maintenance or repair of buildings shall be for not less than 27 $5,000 nor more than $200,000. A loan under subsection (a) for 28 the purchase, maintenance or repair of vehicles or equipment 29 shall be for not less than $5,000 nor more than $100,000. No 30 political subdivision may receive loans totaling more than 20010S0668B0706 - 4 -
1 $300,000 in a five-year period. 2 (c) Terms.-- 3 (1) A loan must be at an interest rate of 2%. 4 (2) A loan must be repaid in accordance with the law 5 applicable to the political subdivision which receives the 6 loan. 7 (3) A loan must have a repayment period as follows: 8 (i) For a loan of not more than $15,000, a period of 9 five years. 10 (ii) For a loan of more than $15,000 but not more 11 than $100,000, a period of ten years. 12 (iii) For a loan of more than $100,000, a period of 13 15 years. 14 Section 502. Loans. 15 (a) Application.--A political subdivision may apply for a 16 loan under section 501 by submitting to the division all of the 17 following: 18 (1) Name of police agency. 19 (2) Proposed use of loan. 20 (3) Need for use under paragraph (2). 21 (4) Documented ability to repay principal and interest 22 of loan. 23 (b) Determination.-- 24 (1) Within 60 days of receipt of an application under 25 subsection (a), the division must make a decision and notify 26 the political subdivision of the decision. 27 (2) Failure to issue timely notice under paragraph (1) 28 shall be deemed a denial of the application. 29 (3) The provisions of 2 Pa.C.S. Ch. 7 Subch. A (relating 30 to judicial review of Commonwealth agency action) shall apply 20010S0668B0706 - 5 -
1 to determinations under this subsection. 2 (c) Contracts.--Upon determination of eligibility under 3 subsection (b), the division shall enter into a loan contract 4 with the political subdivision. 5 CHAPTER 7 6 DEBT 7 Section 701. Authority to borrow. 8 Pursuant to section 7(a)(3) of Article VIII of the 9 Constitution of Pennsylvania and the referendum approved by the 10 electorate under section 708, the Governor, Auditor General and 11 State Treasurer are authorized and directed to borrow, on the 12 credit of the Commonwealth, money not exceeding in the aggregate 13 the sum of $20,000,000 to implement Chapter 5. 14 Section 702. Bonds. 15 (a) General rule.--As evidence of the indebtedness 16 authorized under section 701, general obligation bonds of the 17 Commonwealth shall be issued. The Governor, Auditor General and 18 State Treasurer shall direct for each bond the total amount; the 19 form; the denomination; the terms and conditions of issue, 20 redemption and maturity, rate of interest, and time of payment 21 of interest. The latest stated maturity date shall not exceed 30 22 years from the date of the bond first issued for each series. 23 (b) Signature.--Bonds issued under subsection (a) shall bear 24 facsimile signatures of the Governor, Auditor General and State 25 Treasurer and a facsimile of the Great Seal of the Commonwealth 26 of Pennsylvania and shall be countersigned by two authorized 27 officers of the authorized loan and transfer agents of the 28 Commonwealth. 29 (c) Status.--Bonds issued under subsection (a) shall be 30 direct obligations of the Commonwealth, and the full faith and 20010S0668B0706 - 6 -
1 credit of the Commonwealth are pledged for the payment of the 2 interest on the bonds as it becomes due and the payment of the 3 principal of the bonds at maturity. Bonds issued under 4 subsection (a) shall be exempt from taxation for State and local 5 purposes. The principal of and interest on such bonds shall be 6 payable in lawful money of the United States of America. 7 (d) Format.--Bonds issued under subsection (a) may be issued 8 as coupon bonds or registered as to both principal and interest 9 as the issuing officials may determine. If interest coupons are 10 attached, they shall contain the facsimile signature of the 11 State Treasurer. 12 (e) Amortization.--The issuing officials shall provide for 13 the amortization of the bonds in substantial and regular amounts 14 over the term of the debt as follows: 15 (1) The first retirement of principal shall be stated to 16 mature prior to the expiration of a period of time equal to 17 one-tenth of the time from the date of the first obligation 18 issue to evidence the debt to the date of the expiration of 19 the term of the debt. 20 (2) Retirements of principal shall be regular and 21 substantial if made in annual or semiannual amounts, whether 22 by stated serial maturities or by mandatory sinking fund 23 retirements, computed either in accordance with a level 24 annual debt service plan, as nearly as may be, or upon the 25 equal annual maturities plan. 26 (f) Processing.--The Governor, the Auditor General and the 27 State Treasurer shall proceed to have the necessary bonds 28 prepared and printed. The bonds, as soon as they are prepared 29 and printed, shall be deposited with the authorized loan and 30 transfer agent of the Commonwealth, there to remain until sold 20010S0668B0706 - 7 -
1 under section 703. 2 Section 703. Sale of bonds. 3 (a) Public sale.--Bonds issued under section 702(a) shall be 4 offered for sale at not less than 98% of the principal amount 5 and accrued interest and shall be sold by the Governor, Auditor 6 General and State Treasurer to the highest and best bidder or 7 bidders after public advertisement, on terms and conditions and 8 upon open competitive bidding, as the Governor, Auditor General 9 and State Treasurer shall direct. 10 (b) Private sale.--Any portion of a bond issue offered under 11 subsection (a) but not sold or subscribed for may be disposed of 12 by private sale by the Governor, Auditor General and State 13 Treasurer, in a manner and at a price not less than 98% of the 14 principal amount and accrued interest, as the Governor shall 15 direct. No commission shall be allowed or paid for the sale of 16 bonds issued under section 702(a). 17 (c) Series.--When bonds are issued, the bonds of each issue 18 shall constitute a separate series to be designated by the 19 issuing officials or may be combined for sale as one series with 20 other general obligation bonds of the Commonwealth. 21 Section 704. Refunding bonds. 22 The Governor, Auditor General and State Treasurer are 23 authorized to provide by resolution for the issuance of 24 refunding bonds for the purpose of refunding bonds issued under 25 section 702(a) and outstanding, either by voluntary exchange 26 with the holders of the outstanding bonds or by providing funds 27 to redeem and retire the outstanding bonds with accrued interest 28 and premium payable on the bonds, at maturity or at a call date. 29 Refunding bonds may be issued by the Governor, Auditor General 30 and State Treasurer to refund bonds previously issued under this 20010S0668B0706 - 8 -
1 section for refunding purposes. Sections 701 through 703 shall 2 apply to bonds under this section. 3 Section 705. Registration of bonds. 4 The Auditor General shall prepare the necessary registry book 5 to be kept in the office of the authorized loan and transfer 6 agent of the Commonwealth for the registration of bonds issued 7 under subsection 702(a), at the request of bond owners, 8 according to the terms and conditions of issue directed by the 9 Governor, Auditor General and State Treasurer. Bonds which are 10 issued without interest coupons attached shall be registered in 11 the registry books kept by the authorized loan and transfer 12 agent of the Commonwealth. 13 Section 706. Proceeds. 14 The proceeds realized from the sale of bonds under section 15 702(a) shall be paid into the fund. The money shall be paid by 16 the State Treasurer into the fund. 17 Section 707. Sinking fund. 18 (a) Establishment.--The Police Agency Loan Sinking Fund is 19 established as a separate fund in the State Treasury. 20 (b) Source.-- 21 (1) By November 1, the State Treasurer shall notify the 22 Secretary of the Budget of the amount necessary for the 23 ensuing fiscal year to redeem, with interest, bonds issued 24 under section 702(a). 25 (2) The General Assembly shall appropriate the amount of 26 money necessary to meet repayment obligations under paragraph 27 (1) for deposit into the Police Agency Sinking Loan Fund. 28 Section 708. Referendum. 29 (a) Question.-- 30 (1) The question of incurring indebtedness of 20010S0668B0706 - 9 -
1 $20,000,000 for loans to police agencies for the purpose of 2 purchasing, maintaining and repairing buildings, equipment 3 and vehicles, as necessary for the proper performance of the 4 police agencies' law enforcement duties, shall be submitted 5 to the electors at the next primary, municipal or general 6 election following the effective date of this section. At 7 least three months prior to the election, the secretary must 8 publish the question in at least two newspapers of general 9 circulation in each county in which at least two newspapers 10 of general circulation are published. 11 (2) The secretary shall certify the question to the 12 county boards of election to implement paragraph (1). 13 (b) Form.--The question shall be in substantially the 14 following form: 15 Do you favor the incurring of indebtedness of $20,000,000 16 for loans to police agencies for the purpose of purchasing, 17 maintaining and repairing buildings, equipment and vehicles, 18 as necessary for the proper performance of the police 19 agencies' law enforcement duties? 20 (c) Election.--The election shall be conducted in accordance 21 with the act of June 3, 1937 (P.L.1333, No.320), known as the 22 Pennsylvania Election Code, except that the time limits for 23 advertisement of notice of the election may be waived as to the 24 question. 25 (d) Notice.--If a majority of the electors voting in the 26 election under subsection (c) vote in the affirmative, the 27 secretary shall send notice of the vote to the Legislative 28 Reference Bureau for publication in the Pennsylvania Bulletin. 29 CHAPTER 31 30 MISCELLANEOUS PROVISIONS 20010S0668B0706 - 10 -
1 Section 3101. Repeals. 2 All acts and parts of acts are repealed insofar as they are 3 inconsistent with this act. 4 Section 3102. Effective date. 5 This act shall take effect as follows: 6 (1) Section 708 and this section shall take effect 7 immediately. 8 (2) The remainder of this act shall take effect on the 9 date of publication of the notice under section 708(d). B14L44BIL/20010S0668B0706 - 11 -