HOUSE AMENDED
        PRIOR PRINTER'S NO. 1411                      PRINTER'S NO. 2080

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1192 Session of 1993


        INTRODUCED BY STOUT, LAVALLE, STEWART, AFFLERBACH, BODACK,
           PECORA, REIBMAN, CORMAN, MADIGAN, TILGHMAN, PETERSON,
           LINCOLN, MELLOW, DAWIDA AND FISHER, JUNE 2, 1993

        AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, APRIL 19, 1994

                                     AN ACT

     1  Appropriating money from the Sunny Day Fund to the Department of  <--
     2     Commerce for various projects throughout this Commonwealth
     3     for fiscal year 1993-1994.
     4  AMENDING THE ACT OF             19   (P.L.    , NO.   ),          <--
     5     ENTITLED "AN ACT APPROPRIATING MONEY FROM THE SUNNY DAY FUND
     6     TO THE DEPARTMENT OF COMMERCE FOR VARIOUS PROJECTS THROUGHOUT
     7     THIS COMMONWEALTH FOR FISCAL YEAR 1994-1995," AMENDING
     8     CERTAIN DATES.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  The sums set forth in this act, or as much         <--
    12  thereof as may be necessary, are hereby specifically
    13  appropriated from the Sunny Day Fund to the Department of
    14  Commerce for the fiscal year July 1, 1993, to June 30, 1994, for
    15  the projects listed in this act to enhance economic development
    16  and the creation of jobs in this Commonwealth in accordance with
    17  the provisions of Chapter 1 of the act of July 1, 1985 (P.L.120,
    18  No.32), known as the Sunny Day Fund Act.
    19     Section 2.  The following amounts are appropriated to the


     1  Department of Commerce to induce companies to locate large
     2  industrial, manufacturing or research and development
     3  enterprises within this Commonwealth:
     4     (1)  For the purpose of making a loan to
     5  CONFAB/ICD Industries for the purchase of
     6  machinery and equipment to start up a new diaper
     7  line and consolidate existing operations to its
     8  new facility in King of Prussia, Upper Merion
     9  Township, Montgomery County. CONFAB/ICD Industries
    10  will invest at least $30,000,000 into the project,
    11  which project will create 455 new jobs within
    12  three years of operation.
    13             State appropriation....................    $6,825,000
    14     (2)  For the purpose of making a loan to Union
    15  Switch and Signal for the construction of a new
    16  engineering and research and development facility
    17  at the Pittsburgh Technology Center site in the
    18  City of Pittsburgh, Allegheny County. Union Switch
    19  and Signal will invest at least $15,000,000 into
    20  the project, which project will create at least
    21  250 new jobs within three years of operation.
    22             State appropriation....................     4,500,000
    23     (3)  For the purpose of making a loan to AEG
    24  Transportation Systems for the consolidation of
    25  its operations at Southpointe Business Park, Cecil
    26  Township, Washington County. AEG Transportation
    27  Systems will invest at least $30,000,000 into the
    28  project, which project will create 350 new jobs
    29  within three years of operation.
    30             State appropriation....................     7,000,000
    19930S1192B2080                  - 2 -

     1     (4)  For the purpose of making a loan to
     2  Agramer Ceramics, Inc. for the location of a new
     3  ceramic tile manufacturing facility in Hopewell
     4  Business and Industrial Park, Hopewell Township,
     5  Beaver County. Agramer Ceramics, Inc. will invest
     6  at least $5,700,000 into the project, which
     7  project will create 160 new jobs within three
     8  years of operation.
     9             State appropriation....................     2,400,000
    10     (5)  For the purpose of making a loan to Carol
    11  Cable for the expansion and renovation of its
    12  Montoursville, Lycoming County, facility to
    13  accommodate new product lines. Carol Cable will
    14  invest at least $4,000,000 into the project, which
    15  project will create 200 new jobs within three
    16  years of operation.
    17             State appropriation....................     3,000,000
    18     (6)  For the purpose of making a loan to MACK
    19  Trucks for the purchase, upgrading and
    20  installation of machinery and equipment to be used
    21  at the assembly plant located in Lower Macungie
    22  Township, Lehigh County and at the engineering and
    23  research and development operations located in the
    24  City of Allentown, Lehigh County. MACK Trucks will
    25  invest at least $30,000,000 into the project,
    26  which project will create 140 new jobs within
    27  three years of operation.
    28             State appropriation....................     2,700,000
    29     (7)  For the purpose of making a loan to
    30  Saratan, Inc. for the purchase of machinery and
    19930S1192B2080                  - 3 -

     1  equipment to be used at its medium-density
     2  fiberboard facility and chip mill to be
     3  constructed in Allegheny Industrial Park located
     4  in Mt. Jewett, McKean County. Saratan, Inc. will
     5  invest at least $38,000,000 into the project,
     6  which project will create 139 new jobs within
     7  three years of operation.
     8             State appropriation....................     2,000,000
     9     (8)  For the purpose of making a loan to
    10  BioScience Contract Production Corporation for the
    11  purchase of machinery and equipment to be used at
    12  its new facility to be located in the Penn State
    13  Research Park, College Township, Centre County.
    14  BioScience Contract Production Corporation will
    15  invest at least $6,000,000 into the project, which
    16  project will create 100 new jobs within three
    17  years of operation.
    18             State appropriation....................     1,500,000
    19     Section 3.  It is the intent of the General Assembly that the
    20  appropriations in section 2 shall be loaned at an annual
    21  interest rate that in no case shall be less than the
    22  Pennsylvania Industrial Development Authority's rate for the
    23  area in which the project is located. Private companies which
    24  receive Sunny Day Fund assistance but fail to make the
    25  investment in the enterprise development as specified in section
    26  2 shall be liable for the repayment of all Sunny Day Fund
    27  moneys, including any accrued interest thereon and any penalties
    28  set by the Secretary of Commerce. Private companies which
    29  receive Sunny Day Fund assistance but fail to create the number
    30  of jobs specified in the approved loan or other agreements with
    19930S1192B2080                  - 4 -

     1  the Commonwealth shall be liable for a penalty equal to an
     2  increase in the interest charged to 2% greater than the current
     3  prime interest rate for the remainder of the loan, unless the
     4  penalty is waived by the Secretary of Commerce because the
     5  failure is due to circumstances outside the control of the
     6  private company. The Secretary of Commerce shall consult with
     7  the chairmen of the Appropriations Committee of the Senate and
     8  the Appropriations Committee of the House of Representatives
     9  prior to the establishment of waiver of penalties.
    10     Section 4.  For a period equal to the term of assistance
    11  provided each project under this act, the Department of Commerce
    12  shall provide a written report on the status of each project to
    13  the Secretary of the Senate and the Chief Clerk of the House of
    14  Representatives by June 30 of each year. This report shall
    15  contain, at a minimum, information pertaining to the specific
    16  use of the Sunny Day Fund money, the interest rate and term of
    17  the Sunny Day Fund loan, the amount of principal outstanding and
    18  interest due on the loan and the number of jobs created by the
    19  project. All recipients of funds under this act shall be
    20  required to provide any and all information required by the
    21  Department of Commerce for the purpose of this act.
    22     Section 5.  No funds under this act shall be awarded by the
    23  Department of Commerce after June 30, 1995. Any funds from this
    24  appropriation remaining unexpended or unencumbered on June 30,
    25  1995, shall automatically lapse into the Sunny Day Fund.
    26     Section 6.  This act shall take effect immediately.
    27     SECTION 1.  THE TITLE AND SECTION 1 OF THE ACT OF              <--
    28                19   (P.L.    , NO.   ), ENTITLED "AN ACT
    29  APPROPRIATING MONEY FROM THE SUNNY DAY FUND TO THE DEPARTMENT OF
    30  COMMERCE FOR VARIOUS PROJECTS THROUGHOUT THIS COMMONWEALTH FOR
    19930S1192B2080                  - 5 -

     1  FISCAL YEAR 1994-1995," ARE AMENDED TO READ:
     2                               AN ACT
     3  APPROPRIATING MONEY FROM THE SUNNY DAY FUND TO THE DEPARTMENT OF
     4     COMMERCE FOR VARIOUS PROJECTS THROUGHOUT THIS COMMONWEALTH
     5     FOR FISCAL YEAR [1994-1995] 1993-1994.
     6     SECTION 1.  THE SUMS SET FORTH IN THIS ACT, OR AS MUCH
     7  THEREOF AS MAY BE NECESSARY, ARE HEREBY SPECIFICALLY
     8  APPROPRIATED FROM THE SUNNY DAY FUND TO THE DEPARTMENT OF
     9  COMMERCE FOR THE FISCAL YEAR [JULY 1, 1994, TO JUNE 30, 1995]
    10  JULY 1, 1993, TO JUNE 30, 1994, FOR THE PROJECTS LISTED TO
    11  ENHANCE ECONOMIC DEVELOPMENT AND THE CREATION OF JOBS IN THIS
    12  COMMONWEALTH IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 1 OF
    13  THE ACT OF JULY 1, 1985 (P.L.120, NO.32), KNOWN AS THE SUNNY DAY
    14  FUND ACT.
    15     SECTION 2.  THIS ACT SHALL APPLY PROSPECTIVELY OR
    16  RETROACTIVELY TO THE ACT OF                        19     (P.L.
    17    , NO.   ), ENTITLED "AN ACT APPROPRIATING MONEY FROM THE SUNNY
    18  DAY FUND TO THE DEPARTMENT OF COMMERCE FOR VARIOUS PROJECTS
    19  THROUGHOUT THIS COMMONWEALTH FOR FISCAL YEAR 1994-1995," UPON
    20  THE EFFECTIVE DATE OF THAT ACT, WHENEVER IT OCCURS.
    21     SECTION 3.  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.






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