PRINTER'S NO. 3622

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2652 Session of 1996


        INTRODUCED BY GANNON, FAJT, ROONEY, JAROLIN, BELARDI, GEIST,
           GIGLIOTTI, MICOZZIE, DiGIROLAMO, SHANER, LAUGHLIN, BROWNE,
           TRELLO, ALLEN, HORSEY, KENNEY, COLAFELLA, L. I. COHEN, MERRY,
           CURRY, WOGAN, ADOLPH, JOSEPHS, DONATUCCI, MELIO, BARD,
           MILLER, McGEEHAN, BROWN, PISTELLA, E. Z. TAYLOR, RAMOS, OLASZ
           AND VAN HORNE, MAY 23, 1996

        REFERRED TO COMMITTEE ON JUDICIARY, MAY 23, 1996

                                     AN ACT

     1  Establishing a loan program to install safety devices and
     2     improve safety at convenience stores; providing for
     3     additional duties of the Attorney General; establishing the
     4     Pennsylvania Mom and Pop Convenience Store Protection Fund;
     5     and making an appropriation.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8  Section 1.  Short title.
     9     This act shall be known and may be cited as the Pennsylvania
    10  Mom and Pop Convenience Store Protection Act.
    11  Section 2.  Definitions.
    12     The following words and phrases when used in this act shall
    13  have the meanings given to them in this section unless the
    14  context clearly indicates otherwise:
    15     "Convenience store."  A retail store that may sell fast
    16  foods, beverages, dairy products, publications, grocery items,
    17  snacks, some nonfood items and gasoline.


     1     "Fund."  The Pennsylvania Mom and Pop Convenience Store
     2  Protection Fund.
     3  Section 3.  Program authority.
     4     (a)  General rule.--There is hereby established a loan
     5  program for convenience store owners to install security devices
     6  and improve safety in convenience stores. A loan shall not
     7  exceed $15,000.
     8     (b)  Repayment and interest rate.--The Attorney General shall
     9  determine a repayment schedule of not more than five years and
    10  an interest rate not to exceed 3% for loans under this act.
    11  Section 4.  Eligibility for loans.
    12     (a)  General rule.--To be eligible to receive a loan, a
    13  convenience store owner shall submit an application to the
    14  Attorney General which shall include the following:
    15         (1)  An assurance that security devices purchased from
    16     funds received under this act shall be installed not later
    17     than 30 days after receipt of such funds.
    18         (2)  If practicable, an assurance that each store owner
    19     will maintain an unobstructed view of the cash register from
    20     the exterior of the store, removing any material that
    21     obstructs that view.
    22         (3)  An assurance from each owner that the loan shall be
    23     repaid in not less than 5 years.
    24     (b)  Eligibility.--To be eligible to receive a loan, a
    25  convenience store owner shall meet the following qualifications:
    26         (1)  The owner may not own more than five convenience
    27     stores.
    28         (2)  The gross receipts of any one store may not exceed
    29     $700,000 for the preceding fiscal year, excluding proceeds
    30     from the sale of gasoline.
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     1  Section 5.  Use of funds.
     2     A loan received under this act shall be used to install any
     3  of the following:
     4         (1)  A video security system capable of 24-hour
     5     surveillance.
     6         (2)  A drop safe or cash management device with
     7     restricted access and posters that indicate not more than $50
     8     is accessible to store personnel.
     9         (3)  A silent alarm system to alert local law enforcement
    10     officers of a problem.
    11         (4)  Height markers at store exits.
    12  Section 6.  Report.
    13     The Attorney General shall submit an annual report to the
    14  chairman and minority chairman of the Judiciary Committee of the
    15  Senate and the chairman and the minority chairman of the
    16  Judiciary Committee of the House of Representatives regarding
    17  the number of loans, locations, amounts, terms and repayment
    18  record of convenience stores that receive funds under this act.
    19  Section 7.  Fund.
    20     (a)  Establishment.--There is hereby established a separate
    21  account in the State Treasury to be known as the Pennsylvania
    22  Mom and Pop Convenience Store Protection Fund. This fund shall
    23  be used as the source for the loans made under this act.
    24     (b)  Funding.--There is hereby diverted from the tax
    25  collected under Article XII of the act of March 4, 1971 (P.L.6,
    26  No.2), known as the Tax Reform Code of 1971, the amount of one-
    27  tenth of a cent per cigarette. This diversion shall be made into
    28  the fund and shall continue until the amount in that fund equals
    29  $2,000,000.
    30     (c)  Appropriation.--The moneys in the Pennsylvania Mom and
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     1  Pop Convenience Store Protection Fund are hereby appropriated to
     2  the Attorney General on a continuing basis to carry out this
     3  act.
     4  Section 8.  Effective date.
     5     This act shall take effect in 60 days.

















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