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        PRIOR PRINTER'S NOS. 105, 795                  PRINTER'S NO. 943

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 123 Session of 1999


        INTRODUCED BY GANNON, WOGAN, LAUGHLIN, BEBKO-JONES, YOUNGBLOOD,
           FORCIER, SOLOBAY, BELFANTI, RUBLEY, M. COHEN, HERMAN,
           SEYFERT, BENNINGHOFF, SHANER, ARGALL, CURRY, GIGLIOTTI,
           HENNESSEY, KENNEY, MELIO, ORIE, ROEBUCK, SAINATO, SATHER,
           STURLA, ALLEN, S. MILLER, MAHER, BARD, L. I. COHEN, HORSEY,
           DALEY, ADOLPH, CIVERA, WILLIAMS, WASHINGTON, JOSEPHS AND
           STETLER, JANUARY 25, 1999

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           MARCH 10, 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 ALL OF THE     <--
    16  FOLLOWING ITEMS: fast foods, beverages, dairy products,


     1  publications, grocery items, snacks, nonfood items and gasoline.
     2     "Fund."  The Convenience Store 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.
     7     (b)  Loan amount.--No loan issued under this act shall exceed
     8  $15,000 FOR EACH CONVENIENCE STORE.                               <--
     9     (c)  Repayment and interest rate.--The Attorney General shall
    10  determine a repayment schedule of not more than five years and
    11  an interest rate not to exceed 3% 7% PER ANNUM for loans under    <--
    12  this act.
    13  Section 4.  Eligibility for loans.
    14     (a)  General rule.--To be eligible to receive a loan under
    15  this act, a convenience store owner shall submit an application
    16  to the Attorney General which shall include the following:
    17         (1)  An assurance that security devices purchased from
    18     funds received under this act shall be installed not later
    19     than 30 days after receipt of such funds.
    20         (2)  If practicable, an assurance that the owner will
    21     maintain an unobstructed view of the cash register from the
    22     exterior of the store, removing any material that obstructs
    23     that view.
    24         (3)  An assurance from the owner that the loan shall be
    25     repaid in not more than 5 years.
    26         (4)  AN ASSURANCE THAT EACH OWNER WHO OPERATES, OWNS OR    <--
    27     RENTS AN AUTOMATIC TELLER MACHINE ON THE STORE PREMISES:
    28             (I)  SHALL INSTALL 24-HOUR IMAGING SURVEILLANCE, SUCH
    29         AS INSTALLATION OF A TIME LAPSE VIDEO DEVICE, OF THE
    30         AUTOMATIC TELLER MACHINE.
    19990H0123B0943                  - 2 -

     1             (II)  SHALL CONDUCT ONGOING MAINTENANCE, INCLUDING
     2         PROMPT REPLACEMENT OF VIDEO OR FILM CASSETTES, OF THE
     3         AUTOMATIC TELLER MACHINE IMAGING SURVEILLANCE SYSTEM.
     4     (b)  Eligibility.--To be eligible to receive the loan, a
     5  convenience store owner must meet the following qualifications:
     6         (1)  The owner may not own more than five convenience
     7     stores.
     8         (2)  The gross receipts of any one convenience store may
     9     not exceed $700,000 for the preceding fiscal year, excluding
    10     proceeds from the sale of gasoline.
    11  Section 5.  Use of funds.
    12     A loan received under this act shall be used to install any
    13  of the following security devices:
    14         (1)  A video security system capable of 24-hour
    15     surveillance.
    16         (2)  A drop safe or cash management device with
    17     restricted access and posters that indicate not more than $50
    18     is accessible to store personnel.
    19         (3)  A silent alarm system to alert local law enforcement
    20     officers of a problem.
    21         (4)  Height markers at store exits.
    22  Section 6.  Report.
    23     The Attorney General shall submit an annual report to the
    24  chairman and minority chairman of the Judiciary Committee of the
    25  Senate and the chairman and the minority chairman of the
    26  Judiciary Committee of the House of Representatives regarding
    27  the number of loans, locations, amounts, terms and repayment
    28  record of convenience stores that receive funds under this act.
    29  Section 7.  Convenience Store Protection Fund.
    30     (a)  Establishment.--There is hereby established a separate
    19990H0123B0943                  - 3 -

     1  account in the State Treasury to be known as the Convenience
     2  Store Protection Fund. This fund shall be used as the source for
     3  the loans made under this act.
     4     (b)  Appropriation.--The sum of $2,000,000 is hereby
     5  appropriated to the Attorney General on a continuing basis to
     6  MAKE LOANS, TO PAY THE EXPENSES OF THE ATTORNEY GENERAL RELATING  <--
     7  TO THE PROGRAM AND TO OTHERWISE carry out this act.
     8  SECTION 8.  ENFORCEMENT.                                          <--
     9     THE ATTORNEY GENERAL SHALL HAVE THE POWER AND DUTY TO BRING
    10  AND MAINTAIN ACTIONS IN ANY COURT OF COMPETENT JURISDICTION TO
    11  ENFORCE ANY PROVISION OF THIS ACT.
    12  Section 8 9.  Effective date.                                     <--
    13     This act shall take effect July 1, 1999.












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