THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY R. TAYLOR, BRADFORD, BRIGGS, BURNS, CALTAGIRONE, CASORIO, CONKLIN, CREIGHTON, DALEY, DONATUCCI, DRUCKER, EACHUS, GEORGE, GERGELY, GIBBONS, GOODMAN, HARKINS, HORNAMAN, HOUGHTON, JOHNSON, JOSEPHS, KORTZ, KOTIK, LONGIETTI, MARKOSEK, MIRABITO, MURPHY, OBERLANDER, PICKETT, PRESTON, SANTONI, SIPTROTH, K. SMITH, SOLOBAY AND YOUNGBLOOD, APRIL 8, 2010

REFERRED TO COMMITTEE ON COMMERCE, APRIL 8, 2010  

AN ACT

Amending Titles 12 (Commerce and Trade) and 64 (Public

Authorities and Quasi-Public Corporations) of the

Pennsylvania Consolidated Statutes, in small business first,

further defining "capital development project," "hospitality

industry project" and "small business"; and in Commonwealth

Financing Authority, further providing for duties of the

authority, for indebtedness and for use of moneys.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "capital development project,"

"hospitality industry project" and "small business" in section

2302 of Title 12 of the Pennsylvania Consolidated Statutes are

amended to read:

§ 2302.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Capital development project."  Land, buildings, equipment

and machinery and working capital which is acquired,

constructed, renovated or used by a small business in accordance

with any of the following:

(1)  As part of a for-profit project or venture [not of a

mercantile or service-related nature, except for hospitality

industry projects].

(2)  As part of an effort to:

(i)  bring a small business into compliance with

Federal or State environmental laws or regulations;

(ii)  complete an approved remediation project; or

(iii)  permit a small business to adopt generally

acceptable pollution prevention practices.

(3)  As part of an effort to provide assistance to a

small business that is a recycler of municipal or commercial

waste or that is a manufacturer using recycled municipal or

commercial waste materials.

(4)  As part of an effort to assist a small business with

defense conversion activities.

(5)  As part of a for-profit project or venture to

manufacture [products] or produce goods or services to be

exported out of the United States by a small business [which

is not of a mercantile or service-related nature, except for

export-related services and international export-related

mercantile ventures or advanced technology and computer-

related services and mercantile ventures and] which will

increase this Commonwealth's national or international market

shares.

(6)  As part of a for-profit project or venture that

meets the requirements of section 2308 (relating to loans in

distressed communities)

(7)  As part of an effort to assist in the start-up or

expansion of a for-profit or not-for-profit child day-care

center subject to licensure by the Commonwealth.

* * *

"Hospitality industry project."  A for-profit project or

venture which involves a small business that operates a hotel,

motel or other lodging facility [and that employs at least five

full-time equivalent employees at the time an application is

submitted to the department for financing]. The term includes a

for-profit project or venture which involves a small business

that operates a restaurant or food service operation open to the

public[, that has been in continuous operation for at least five

years and that employs at least five full-time equivalent

employees at the time an application is submitted].

* * *

"Small business."  A person that is engaged in a for-profit

enterprise and that employs [100] 200 or fewer individuals. The

term includes the following:

(1)  An enterprise located in a small business incubator

facility.

(2)  An agricultural processor.

(3)  An agricultural producer.

(4)  An enterprise which manufactures apparel products.

(5)  An enterprise which is a for-profit or not-for-

profit child day-care center subject to licensure by the

Commonwealth.

(6)  Commercial and retail enterprises.

* * *

Section 2.  Sections 1513(b), 1543(a) and (b) and 1544(a) of

Title 64 are amended to read:

§ 1513.  Powers.

* * *

(b)  Duties.--The authority shall do all of the following:

(1)  Administer the programs established in Subchapter E

in accordance with this chapter.

(2)  Fund the programs established in Subchapter E and 12

Pa.C.S. [Ch.] Chs. 23 (relating to small business first) and 

29 (relating to machinery and equipment loans) subject to

Subchapter D (relating to funds, accounts, indebtedness and

use).

§ 1543.  Indebtedness.

(a)  General rule.--Subject to the limitations of subsection

(b), the authority may, in its own name, incur indebtedness,

including through the issuance of bonds, in an amount necessary

to fund the program as established in Subchapter E (relating to

programs) and in 12 Pa.C.S. [Ch.] Chs. 23 (relating to small

business first) and 29 (relating to machinery and equipment

loans).

(b)  Program limitations.--Indebtedness incurred by the

authority under subsection (a) shall not, in aggregate, exceed

any of the following:

(1)  $300,000,000 for the program established in section

1551 (relating to Business in Our Sites Program).

(2)  $150,000,000 for the program established in section

1552 (relating to First Industries Program).

(3)  $60,000,000 for the program established in section

1557 (relating to New Pennsylvania Venture Capital Investment

Program).

(4)  $150,000,000 for the program established in section

1555 (relating to Building Pennsylvania Program).

(5)  $75,000,000 for the program established in 12

Pa.C.S. Ch. 29.

(6)  $250,000,000 for the program established in section

1554 (relating to New Pennsylvania Venture Guarantee

Program).

(7)  $100,000,000 for the program established in section

1556 (relating to Tax Increment Financing Guarantee Program).

(8)  [$50,000,000] $10,000,000 for the program

established in section 1553 (relating to Second Stage Loan

Program).

(9)  $40,000,000 for the program established in 12

Pa.C.S. Ch. 23.

* * *

§ 1544.  Use.

(a)  General rule.--Money of the authority shall be used by

the board to fund the programs established in Subchapter E

(relating to programs) and in 12 Pa.C.S. [Ch.] Chs. 23 (relating

to small business first) and 29 (relating to machinery and

equipment loans).

* * *

Section 3.  This act shall take effect in 60 days.