THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GOODMAN, BRADFORD, CALTAGIRONE, COHEN, DALEY, FLECK, FRANKEL, FREEMAN, GEORGE, GIBBONS, GODSHALL, HESS, HORNAMAN, JAMES, KORTZ, KOTIK, KULA, LONGIETTI, MAHONEY, MANN, MUNDY, M. O'BRIEN, PARKER, PASHINSKI, PRESTON, SABATINA, SAYLOR, SCAVELLO, STABACK, TOBASH, WATERS, WILLIAMS AND GEIST, OCTOBER 17, 2012

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, OCTOBER 17, 2012  

AN ACT

Providing compensation to persons in active service in

connection with the Iraq War or their beneficiaries;

authorizing the incurring of indebtedness and the issue and

sale of bonds by the Commonwealth for the payment of

compensation contingent upon electorate approval; creating a

special fund in the State Treasury to be known as the Iraq

War Veterans' Compensation Bond Fund; imposing powers and

duties on the Department of Military and Veterans Affairs;

and making appropriations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

TABLE OF CONTENTS

Section 1.  Short title.

Section 2.  Definitions.

Section 3.  Computation of compensation.

Section 4.  Application for compensation.

Section 5.  Persons to whom payments shall be made in case of

incompetence or death.

Section 6.  Applicant to designate beneficiaries.

Section 7.  Exemption from attachment.

Section 8.  Penalty for charging fees for assisting veterans.

Section 9.  Administration of compensation program.

Section 10.  Payment of compensation.

Section 11.  Iraq War Veterans' Compensation Bond Fund.

Section 12.  Commonwealth indebtedness.

Section 13.  Question.

Section 14.  Appropriations.

Section 15.  Effective date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Iraq War

Veterans' Benefit Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Active service."  For a member of a component of the armed

forces of the United States, the time served on active duty for

which the member has received or is eligible to receive the Iraq

Campaign Medal; for a member of the Pennsylvania National Guard

or a reserve component of the armed forces of the United States,

time served on active duty for the support of operations in the

Iraq Conflict Theater, whether or not that service was in the

theater. The term includes time spent in hospitals as a result

of service-connected wounds, diseases or injuries sustained on

active service. Proof of such service shall be the official

military records of the United States or such other evidence as

is deemed sufficient by the Adjutant General. The term does not

include time served on active duty for annual training or

schooling, except for training and schooling in preparation for

active duty in the Iraq Conflict Theater.

"Fund."  The Iraq War Veterans' Compensation Bond Fund.

"Iraq Conflict Theater."  The area established by the United

States Department of Defense for the awarding of the Iraq

Campaign Medal for the period of time from March 19, 2003,

through December 31, 2011.

"Issuing officials."  The Governor, the Auditor General and

the State Treasurer of the Commonwealth.

"Legal resident of this Commonwealth."  A member of the

United States Armed Forces, the reserve component of the United

States Armed Forces or the Pennsylvania National Guard whose

home of record at the time of the Iraq War was this Commonwealth

or any specific place in this Commonwealth without regard to the

place of enlistment, commission or induction. The proof of such

residence shall be the official records of the United States or

such other evidence as is deemed sufficient by the Adjutant

General.

"Veteran."  A member of the armed forces of the United

States, including a member of the Army National Guard of the

United States, the Air National Guard of the United States or a

reserve component of the armed forces, who was ordered into or

volunteered to serve on active duty in Iraq during the period

from March 19, 2003, to December 31, 2011, and has received the

Iraq Campaign Medal established by executive order 13363,

November 29, 2004. This term shall not include any individual

who has renounced his United States citizenship.

Section 3.  Computation of compensation.

(a)  Eligibility.--Compensation shall be payable under this

act only to each veteran who was a legal resident of this

Commonwealth and who served under honorable conditions.

(b)  Compensation for service in the Iraq War.--Compensation

shall be payable on the basis of $75 for the first month of

eligibility with a minimum of one day of active service;

thereafter, it shall be computed on the basis of $75 for each

month or major fraction thereof.

(c)  Compensation on behalf of deceased veteran.--In addition

to any other compensation authorized under this section, the

compensation on behalf of a veteran who died in active service

or as a result of service-connected wounds, diseases or injuries

sustained during active service shall be $5,000.

(d)  Compensation of prisoner of war.--In addition to any

compensation under the other provisions of this section, the

compensation of a veteran who was declared a prisoner of war,

regardless of the length of time spent as a prisoner of war,

shall, upon return, be $5,000.

(e)  Total amount of compensation.--The compensation provided

for active service under subsection (b) shall be not less than

$75 and not more than $600.

(f)  Exclusion from compensation.--Any individual who has

received a bonus, gratuity or compensation of a nature similar

to that provided for by this act from any other state in the

United States is ineligible for compensation. This exclusion

does not apply to a similar bonus, gratuity or compensation from

the Federal Government.

Section 4.  Application for compensation.

(a)  Application to Adjutant General.--Applications shall be

made by a veteran, the facility entitled under section 5(a) or

the beneficiaries designated under section 5(b). The Adjutant

General shall ascertain the applicants who are veterans and, as

to each veteran, the number of months of service for which the

veteran is entitled to receive compensation.

(b)  Time for filing application.--The Adjutant General shall

not accept or consider any application filed after December 31,

2021.

Section 5.  Persons to whom payments shall be made in case of

incompetence or death.

(a)  Incompetence.--In a case where the veteran is

incompetent, if no guardian has been appointed, payment shall be

made for the benefit of the veteran to the person who is

entitled to payment under subsection (b) or, in the absence of

any such person and if the veteran is in a facility, to the

person in charge of the facility to be expended for the clothing

and incidental needs of the veteran. No part of the compensation

paid to any facility shall be used for the maintenance of the

veteran. A statement from the person in charge of the facility

in which the veteran resides shall be evidence to determine the

competence of the veteran.

(b)  Death.--In the case of the death of a veteran, payment

shall be made, in the order named, to the:

(1)  surviving spouse unless the spouse was living

separate and apart from the veteran at the time of departure

for active service;

(2)  surviving children, share and share alike; or

(3)  surviving parents.

(c)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Facility."  Any mental health establishment, hospital,

clinic, institution, center, day-care center, base service unit,

community mental health center or other organizational unit, or

part thereof, which is devoted primarily to the diagnosis,

treatment, care, rehabilitation or detention of mentally

disabled persons.

"Parents."  Includes persons who, for a period of not less

than one year, acted in the capacity of a foster parent to the

veteran immediately prior to the veteran having attained 18

years of age.

Section 6.  Applicant to designate beneficiaries.

Every person making application for compensation shall set

forth in the application the names and addresses of all persons

who, under this act, would be entitled to receive compensation

in the event of the death of the applicant. If the applicant

dies before the payment of the compensation, the application

shall be deemed to inure to the benefit of the person next

entitled to compensation, and payment shall be made to the

person upon proof of identity satisfactory to the Adjutant

General. If no person designated in this act as being entitled

to compensation survives the veteran, the right to the

compensation shall cease.

Section 7.  Exemption from attachment.

No sum payable under this act to a veteran or to any other

person under this act shall be subject to attachment, levy or

seizure under any legal or equitable process and shall be exempt

from all State taxation. No right to compensation under this act

shall be assignable, except as otherwise provided in this act,

or shall serve as a security for any loan. Any assignment or

loan made in violation of this section shall be void.

Assignments to any incorporated or unincorporated organization

of veterans, any nonprofit corporation formed solely for the

purpose of aiding disabled or incapacitated veterans and the

State Veterans' Commission shall be valid.

Section 8.  Penalty for charging fees for assisting veterans.

A person who charges or collects or attempts to charge or

collect, either directly or indirectly, any fee or other

compensation for assisting, in any manner, a veteran in

obtaining any of the benefits provided under this act commits a

misdemeanor of the second degree.

Section 9.  Administration of compensation program.

The Adjutant General shall administer the compensation

program. For that purpose, application forms shall be prepared

and distributed, applications shall be investigated, and, if

satisfied of the proof of an application, compensation shall be

approved and payment of compensation shall be made. The Adjutant

General shall promulgate rules and regulations to implement,

administer and enforce this act. The Adjutant General shall, as

soon as practicable after the effective date of this act,

prepare and distribute a digest explaining the provisions of

this act to assist veterans in filing their applications and

shall from time to time prepare and distribute additional or

supplementary information as may be found necessary. The

Adjutant General shall enlist, as far as possible, the services

of veteran organizations in this Commonwealth in the

dissemination of the information.

Section 10.  Payment of compensation.

The compensation payable under this act shall, upon

requisition by the Adjutant General, be paid by the State

Treasurer from the fund to be created with funds realized from a

proposed bond issue. Payments shall be made as soon as possible

after funds are available.

Section 11.  Iraq War Veterans' Compensation Bond Fund.

(a)  Purpose of fund.--The Iraq War Veterans' Compensation

Bond Fund is established in the State Treasury and shall be the

source from which all payments are authorized with the approval

of the Governor to carry out the purposes of this act. The

moneys in the fund shall only be utilized:

(1)  For the purpose of providing compensation to

veterans in accordance with the provisions of this act.

(2)  For the administrative costs incurred in any of the

purposes in paragraph (1), including the costs incurred in

connection with the issuance of the bonds.

(b)  Interfund transfers authorized.--

(1)  Whenever the cash balance and the current estimated

receipts of the fund shall be insufficient at any time during

any State fiscal year to meet promptly the obligations of the

Commonwealth from such fund, the State Treasurer shall, from

time to time during such fiscal year, transfer from the

General Fund to the fund such sums as the Governor directs,

but in no case less than the amount necessary to meet

promptly the obligations to be paid from the fund nor more

than an amount which is the smallest of:

(i)  the difference between the amount of debt

authorized to be issued under the authority of this act

and the aggregate principal amount of bonds and notes

issued, not including refunding bonds and replacement

notes; and

(ii)  the difference between the aggregate principal

amount of bonds and notes to be issued during a State

fiscal year and the aggregate principal amount of bonds

and notes, not including refunding bonds and replacement

notes, issued during such State fiscal year.

Any sums so transferred shall be available only for the

purposes for which funds are appropriated from the fund. The

transfers shall be made under this section upon warrant of

the State Treasurer upon requisition of the Governor.

(2)  In order to reimburse the General Fund for moneys

transferred from such funds under paragraph (1), there shall

be transferred to the General Fund from the fund moneys from

the proceeds obtained from bonds and notes issued under the

authority of this act or from other available funds in such

amounts and at such times as the Governor shall direct. The

retransfers shall be made upon warrant of the State Treasurer

upon requisition of the Governor.

Section 12.  Commonwealth indebtedness.

(a)  Borrowing authorized.--

(1)  If and when the electorate approves a referendum

question for the incurring of indebtedness in the amount and

for the purposes prescribed in this act, the issuing

officials, pursuant to the provisions of section 7(a)(3) of

Article VIII of the Constitution of Pennsylvania, are

authorized and directed to borrow, on the credit of the

Commonwealth, money not exceeding in the aggregate the sum of

$20,000,000, not including money borrowed to refund

outstanding bonds, notes or replacement notes, as may be

found necessary to carry out the purposes of this act.

(2)  As evidence of the indebtedness, general obligation

bonds of the Commonwealth shall be issued from time to time

to provide moneys necessary to carry out the purposes of this

act for such total amounts, in such form, in such

denominations and subject to such terms and conditions of

issue, redemption and maturity, rate of interest and time of

payment of interest as the issuing officials direct, except

that the latest stated maturity date shall not exceed 20

years from the date of the first obligation issued to

evidence the debt.

(3)  All bonds and notes issued under the authority of

this act shall bear facsimile signatures of the issuing

officials and a facsimile of the Great Seal of the

Commonwealth and shall be countersigned by a duly authorized

officer of a duly authorized loan and transfer agent of the

Commonwealth.

(4)  All bonds and notes issued in accordance with the

provisions of this section shall be direct obligations of the

Commonwealth, and the full faith and credit of the

Commonwealth is hereby pledged for the payment of the

interest thereon, as it becomes due, and the payment of the

principal at maturity. The principal of and interest on the

bonds and notes shall be payable in lawful money of the

United States.

(5)  All bonds and notes issued under the provisions of

this section shall be exempt from taxation for State and

local purposes.

(6)  The bonds may be issued as coupon bonds or

registered as to both principal and interest as the issuing

officials may determine. If interest coupons are attached,

they shall contain the facsimile signature of the State

Treasurer.

(7)  The issuing officials shall provide for the

amortization of the bonds in substantial and regular amounts

over the term of the debt so that the bonds of each issue

allocated to the programs to be funded from the bond issue

shall mature within a period not to exceed the appropriate

amortization period for each program as specified by the

issuing officials but in no case in excess of 20 years. The

first retirement of principal shall be stated to mature prior

to the expiration of a period of time equal to one-tenth of

the time from the date of the first obligation issued to

evidence the debt to the date of the expiration of the term

of the debt. Retirements of principal shall be regular and

substantial if made in annual or semiannual amounts whether

by stated serial maturities or by mandatory sinking fund

retirements.

(8)  The issuing officials are authorized to provide by

resolution for the issuance of refunding bonds for the

purpose of refunding any debt issued under the provisions of

this act and then outstanding, either by voluntary exchange

with the holders of the outstanding debt or providing funds

to redeem and retire the outstanding debt with accrued

interest, any premium payable thereon and the costs of

issuance and retirement of the debt, at maturity or at any

call date. The issuance of the refunding bonds, the

maturities and other details thereof, the rights of the

holders thereof and the duties of the issuing official in

respect thereto shall be governed by the provisions of this

section insofar as they may be applicable. Refunding bonds,

which are not subject to the aggregate limitation of

$20,000,000 of debt to be issued under this act, may be

issued by the issuing officials to refund debt originally

issued or to refund bonds previously issued for refunding

purposes.

(9)  Whenever any action is to be taken or decision made

by the Governor, the Auditor General and the State Treasurer

acting as issuing officials and the three officers are not

able unanimously to agree, the action or decision of the

Governor and either the Auditor General or the State

Treasurer shall be binding and final.

(b)  Sale of bonds.--

(1)  Whenever bonds are issued, they shall be offered for

sale at not less than 98% of the principal amount and accrued

interest and shall be sold by the issuing officials to the

highest and best bidder or bidders after due public

advertisement on the terms and conditions and upon such open

competitive bidding as the issuing officials shall direct.

The manner and character of the advertisement and the time of

advertising shall be prescribed by the issuing officials. No

commission shall be allowed or paid for the sale of any bonds

issued under the authority of this act.

(2)  Any portion of any bond issue so offered and not

sold or subscribed for at public sale may be disposed of by

private sale by the issuing officials in such manner and at

such prices, not less than 98% of the principal amount and

accrued interest, as the Governor shall direct. No commission

shall be allowed or paid for the sale of any bonds issued

under the authority of this act.

(3)  When bonds are issued from time to time, the bonds

of each issue shall constitute a separate series to be

designated by the issuing officials or may be combined for

sale as one series with other general obligation bonds of the

Commonwealth.

(4)  Until permanent bonds can be prepared, the issuing

officials may in their discretion issue, in lieu of permanent

bonds, temporary bonds in such form and with such privileges

as to registration and exchange for permanent bonds as may be

determined by the issuing officials.

(5)  The proceeds realized from the sale of bonds and

notes, except refunding bonds and replacement notes, under

the provisions of this act shall be paid into the fund. The

proceeds shall be paid by the State Treasurer periodically to

those Commonwealth officers and Commonwealth agencies

authorized to expend them at such times and in such amounts

as may be necessary to satisfy the funding needs thereof. The

proceeds of the sale of refunding bonds and replacement notes

shall be paid to the State Treasurer and applied to the

payment of principal, the accrued interest and premium, if

any, and cost of redemption of the bonds and notes for which

the obligations shall have been issued.

(6)  Pending their application for the purposes

authorized, moneys held or deposited by the State Treasurer

may be invested or reinvested as are other funds in the

custody of the State Treasurer in the manner provided by law.

All earnings received from the investment or deposit of the

funds shall be paid into the State Treasury to the credit of

the fund. The earnings in excess of bond discounts allowed,

expenses paid for the issuance of bonds and notes and

interest arbitrage rebates due to the Federal Government

shall be transferred annually to the fund. Any interest or

investment income shall be applied to assist in the payment

of the debt service incurred in connection with this act.

(7)  The Auditor General shall prepare the necessary

registry book to be kept in the office of the duly authorized

loan and transfer agent of the Commonwealth for the

registration of any bonds, at the request of owners thereof,

according to the terms and conditions of issue directed by

the issuing officials.

(8)  There is hereby appropriated to the State Treasurer

from the fund as much money as may be necessary for all costs

and expenses in connection with the issue of and sale and

registration of the bonds and notes in connection with this

act and the payment of interest arbitrage rebates or proceeds

of such bonds and notes.

(c)  Temporary financing authorization.--

(1)  Pending the issuance of bonds of the Commonwealth as

authorized, the issuing officials are hereby authorized, in

accordance with the provisions of this act and on the credit

of the Commonwealth, to make temporary borrowings not to

exceed three years in anticipation of the issue of bonds in

order to provide funds in such amounts as may from time to

time be deemed advisable prior to the issue of bonds. In

order to provide for and in connection with the temporary

borrowings, the issuing officials are hereby authorized in

the name and on behalf of the Commonwealth to enter into any

purchase, loan or credit agreement or agreements or other

agreement or agreements with any banks or trust companies or

other lending institutions, investment banking firms or

persons in the United States having power to enter into the

same, which agreements may contain provisions not

inconsistent with the provisions of this act as may be

authorized by the issuing officials.

(2)  All temporary borrowings made under the

authorization of this section shall be evidenced by notes of

the Commonwealth which shall be issued from time to time for

amounts not exceeding in the aggregate the applicable

statutory and constitutional debt limitation in the form and

in the denominations and subject to terms and conditions of

sale and issue, prepayment or redemption and maturity, rate

or rates of interest and time of payment of interest as the

issuing officials shall authorize and direct and in

accordance with this act. The authorization and direction may

provide for the subsequent issuance of replacement notes to

refund outstanding notes or replacement notes, which

replacement notes shall, upon issuance thereof, evidence the

borrowing and may specify other terms and conditions with

respect to the notes and replacement notes thereby authorized

for issuance as the issuing officials may determine and

direct.

(3)  When the authorization and direction of the issuing

officials provide for the issuance of replacement notes, the

issuing officials are hereby authorized in the name and on

behalf of the Commonwealth to issue, enter into or authorize

and direct the State Treasurer to enter into agreements with

any banks, trust companies, investment banking firms or other

institutions or persons in the United States having the power

to enter the same:

(i)  To purchase or underwrite an issue or series of

issues or notes.

(ii)  To credit, to enter into any purchase, loan or

credit agreements, to draw moneys pursuant to any such

agreements on the terms and conditions set forth therein

and to issue notes as evidence of borrowings made under

any such agreements.

(iii)  To appoint as issuing and payment agent or

agents with respect to notes.

(iv)  To do such other acts as may be necessary or

appropriate to provide for the payment, when due, of the

interest on and the principal of such notes. Such

agreements may provide for the compensation of any

purchasers or underwriters of notes or replacement notes

by discounting the purchase price of the notes or by

payment of a fixed fee or commission at the time of

issuance thereof, and all other costs and expenses,

including fees for agreements related to the notes,

issuing and paying agent costs and costs and expenses of

issuance, may be paid from the proceeds of the notes.

(4)  When the authorization and direction of the issuing

officials provide for the issuance of replacement notes, the

State Treasurer shall, at or prior to the time of delivery of

these notes or replacement notes, determine the principal

amounts, dates of issue, interest rate or rates or procedures

for establishing such rates from time to time, rates of

discount, denominations and all other terms and conditions

relating to the issuance and shall perform all acts and

things necessary to pay or cause to be paid, when due, all

principal of and interest on the notes being refunded by

replacement notes and to assure that the same may draw upon

any moneys available for that purpose pursuant to any

purchase, loan or credit agreements established with respect

thereto, all subject to the authorization and direction of

the issuing officials.

(5)  Outstanding notes evidencing such borrowings may be

funded and retired by the issuance and sale of the bonds of

the Commonwealth as hereinafter authorized. The refunding

bonds must be issued and sold not later than a date three

years after the date of issuance of the first notes

evidencing the borrowings to the extent that payment of such

notes has not otherwise been made or provided for by sources

other than proceeds of replacement notes.

(6)  The proceeds of all such temporary borrowing shall

be paid to the State Treasurer to be held and disposed of in

accordance with the provisions of this act.

(d)  Debt retirement.--

(1)  All bonds issued under the authority of this act

shall be redeemed at maturity, together with all interest due

from time to time on the bonds, and these principal and

interest payments shall be paid from the Iraq War Veterans'

Compensation Bond Sinking Fund, which is hereby established.

For the specific purpose of redeeming the bonds at maturity

and paying all interest thereon in accordance with the

information received from the Governor, the General Assembly

shall appropriate moneys to the Iraq War Veterans'

Compensation Bond Sinking Fund for the payment of interest on

the bonds and notes and the principal thereof at maturity.

All moneys paid into the Iraq War Veterans' Compensation Bond

Sinking Fund and all of the moneys not necessary to pay

accruing interest shall be invested by the State Treasurer in

such securities as are provided by law for the investment of

the sinking funds of the Commonwealth.

(2)  The State Treasurer, with the approval of the

Governor, is authorized at any time to use any of the moneys

in the fund not necessary for the purposes of the referendum

authorizing the indebtedness necessary to carry out this act,

for the purchase and retirement of all or any part of the

bonds and notes issued pursuant to the authorization of this

act. In the event that all or any part of the bonds and notes

are purchased, they shall be canceled and returned to the

loan and transfer agent as canceled and paid bonds and notes,

and, thereafter, all payments of interest thereon shall

cease. The canceled bonds, notes and coupons, together with

any other canceled bonds, notes and coupons, shall be

destroyed as promptly as possible after cancellation but not

later than two years after cancellation. A certification

evidencing the destruction of the canceled bonds, notes and

coupons shall be provided by the loan and transfer agent to

the issuing officials. All canceled bonds, notes and coupons

shall be so marked as to make the canceled bonds, notes and

coupons nonnegotiable.

(3)  The State Treasurer shall determine and report to

the Secretary of the Budget by November 1 of each year the

amount of money necessary for the payment of interest on

outstanding obligations and the principal of the obligations,

if any, for the following fiscal year and the times and

amounts of the payments. It shall be the duty of the Governor

to include in every budget submitted to the General Assembly

full information relating to the issuance of bonds and notes

under the provisions of this act and the status of the Iraq

War Veterans' Compensation Bond Sinking Fund of the

Commonwealth for the payment of interest on the bonds and

notes and the principal thereof at maturity.

(4)  The General Assembly shall appropriate an amount

equal to the sums as may be necessary to meet repayment

obligations for principal and interest for deposit into the

Iraq War Veterans' Compensation Bond Sinking Fund.

(e)  Expiration.--Authorization to issue bonds and notes, not

including refunding bonds and replacement notes, for the purpose

of this act shall expire ten years from the effective date of

this section.

Section 13.  Question.

(a)  Submission of question to electorate.--The question of

incurring indebtedness of up to $20,000,000 for the purposes set

forth in this act shall be submitted to the electors at the next

general election following enactment of this act.

(b)  Certification.--The Secretary of the Commonwealth shall

certify the question to the county boards of elections.

(c)  Form of question.--The question shall be in

substantially the following form:

Do you favor indebtedness by the Commonwealth of up to

$20,000,000 for the payment of compensation for service

in the Iraq War?

(d)  Election.--The election shall be conducted in accordance

with the act of June 3, 1937 (P.L.1333, No.320), known as the

Pennsylvania Election Code, except that the time limits for

advertisement of notice of the election may be waived as to the

question.

(e)  Proceeds.--Proceeds of the borrowing shall be used for

the payment of compensation for service in or in support of the

Iraq War.

Section 14.  Appropriations.

(a)  Compensation appropriation.--For the purpose of payment

for the compensation to eligible veterans, staff services,

postage and other necessary expenses incurred by the Adjutant

General in the administration of this compensation program, such

sums, or as much thereof as may be necessary, are specifically

appropriated to the Adjutant General out of any moneys which

have been deposited in the fund.

(b)  Continuing appropriation.--The appropriation under

subsection (a) shall be a continuing appropriation and shall not

lapse.

Section 15.  Effective date.

This act shall take effect as follows:

(1)  Section 13(a), (b), (c) and (d) shall take effect

immediately.

(2)  The remainder of this act shall take effect upon the

certification of the approval by the electorate to incur the

indebtedness necessary to carry out the provisions of this

act.