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                                                       PRINTER'S NO. 105

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 123 Session of 1999


        INTRODUCED BY GANNON, WOGAN, LAUGHLIN, BEBKO-JONES, C. WILLIAMS,
           YOUNGBLOOD, FORCIER, SOLOBAY, BELFANTI, RUBLEY, M. COHEN,
           HERMAN, SEYFERT, BENNINGHOFF, SHANER, ARGALL, CURRY,
           GIGLIOTTI, HENNESSEY, KENNEY, MELIO, ORIE, ROEBUCK, SAINATO,
           SATHER AND STURLA, JANUARY 25, 1999

        REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 25, 1999

                                     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     Convenience Store Protection Fund; and making an
     5     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 Convenience
    10  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 sells fast foods,
    16  beverages, dairy products, publications, grocery items, snacks,
    17  nonfood items and gasoline.
    18     "Fund."  The Convenience Store Protection Fund.

     1  Section 3.  Program authority.
     2     (a)  General rule.--There is hereby established a loan
     3  program for convenience store owners to install security devices
     4  and improve safety in convenience stores.
     5     (b)  Loan amount.--No loan issued under this act shall exceed
     6  $15,000.
     7     (c)  Repayment and interest rate.--The Attorney General shall
     8  determine a repayment schedule of not more than five years and
     9  an interest rate not to exceed 3% for loans under this act.
    10  Section 4.  Eligibility for loans.
    11     (a)  General rule.--To be eligible to receive a loan under
    12  this act, a convenience store owner shall submit an application
    13  to the Attorney General which shall include the following:
    14         (1)  An assurance that security devices purchased from
    15     funds received under this act shall be installed not later
    16     than 30 days after receipt of such funds.
    17         (2)  If practicable, an assurance that the owner will
    18     maintain an unobstructed view of the cash register from the
    19     exterior of the store, removing any material that obstructs
    20     that view.
    21         (3)  An assurance from the owner that the loan shall be
    22     repaid in not more than 5 years.
    23     (b)  Eligibility.--To be eligible to receive the loan, a
    24  convenience store owner must meet the following qualifications:
    25         (1)  The owner may not own more than five convenience
    26     stores.
    27         (2)  The gross receipts of any one convenience store may
    28     not exceed $700,000 for the preceding fiscal year, excluding
    29     proceeds from the sale of gasoline.
    30  Section 5.  Use of funds.
    19990H0123B0105                  - 2 -

     1     A loan received under this act shall be used to install any
     2  of the following security devices:
     3         (1)  A video security system capable of 24-hour
     4     surveillance.
     5         (2)  A drop safe or cash management device with
     6     restricted access and posters that indicate not more than $50
     7     is accessible to store personnel.
     8         (3)  A silent alarm system to alert local law enforcement
     9     officers of a problem.
    10         (4)  Height markers at store exits.
    11  Section 6.  Report.
    12     The Attorney General shall submit an annual report to the
    13  chairman and minority chairman of the Judiciary Committee of the
    14  Senate and the chairman and the minority chairman of the
    15  Judiciary Committee of the House of Representatives regarding
    16  the number of loans, locations, amounts, terms and repayment
    17  record of convenience stores that receive funds under this act.
    18  Section 7.  Convenience Store Protection Fund.
    19     (a)  Establishment.--There is hereby established a separate
    20  account in the State Treasury to be known as the Convenience
    21  Store Protection Fund. This fund shall be used as the source for
    22  the loans made under this act.
    23     (b)  Funding.--There is hereby diverted from the tax
    24  collected under Article XII of the act of March 4, 1971 (P.L.6,
    25  No.2), known as the Tax Reform Code of 1971, the amount of one-
    26  tenth of a cent per cigarette. This diversion shall be made into
    27  the fund and shall continue until $2,000,000 from the tax has
    28  been deposited into the fund.
    29     (c)  Appropriation.--The moneys in the Convenience Store
    30  Protection Fund are hereby appropriated to the Attorney General
    19990H0123B0105                  - 3 -

     1  on a continuing basis to carry out this act.
     2  Section 8.  Effective date.
     3     This act shall take effect in 60 days.


















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