act-2008-0-125•Pennsylvania Act 2008-125 — PUBLIC AUTHORITIES AND QUASI-PUBLIC CORPORATIONS (64 PA.C.S.) - FIRST INDUSTRIES PROGRAM
Pennsylvania Act 2008-125 — PUBLIC AUTHORITIES AND QUASI-PUBLIC CORPORATIONS (64 PA.C.S.) - FIRST INDUSTRIES PROGRAM
act-2008-0-1252008 Pa. Act 125Law
Act text
PUBLIC AUTHORITIES AND QUASI-PUBLIC CORPORATIONS (64 PA.C.S.) - FIRST
INDUSTRIES PROGRAM
Act of Oct. 9, 2008, P.L. 1517, No. 125 Cl. 64
Session of 2008
No. 2008-125
SB 768
AN ACT
Amending Title 64 (Public Authorities and Quasi-Public
Corporations) of the Pennsylvania Consolidated Statutes,
further providing for the definitions of "commercial lending
activities" and "commercial lending institutions" and for the
First Industries Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "commercial lending activities"
and "commercial lending institutions" in section 1504 of Title
64 of the Pennsylvania Consolidated Statutes are amended to
read:
§ 1504. Definitions.
The following words and phrases when used in this chapter
shall have the meaning given to them in this section unless the
context clearly indicates otherwise:
* * *
"Commercial lending activities." The making of loans and the
provision of deposit services to business entities, except that
a farm credit system institution under the Farm Credit Act of
1971 (Public Law 92-181, 85 Stat. 583) need not offer deposit
services to qualify as a provider of commercial lending
activities under this chapter.
"Commercial lending institutions." A federally chartered or
state-chartered bank, savings bank [or], savings and loan
association or farm credit system institution under the Farm
Credit Act of 1971 (Public Law 92-181, 85 Stat. 583) which has a
satisfactory rating from its primary regulator and which is
engaged in commercial lending activities. The institution must
operate at least one full-service branch for deposit gathering
and lending located within this Commonwealth or be a farm credit
system institution under the Farm Credit Act of 1971.
* * *
Section 2. Section 1552(e)(2) and (3) of Title 64 are
amended, subsection (e) is amended by adding paragraphs and the
section is amended by adding subsections to read:
§ 1552. First Industries Program.
* * *
(e) Loan guarantees.--
* * *
(2) The board shall review the application to determine
all of the following:
(i) [That] (A) Except as set forth in clause (B),
that the project has been awarded a planning grant
under this section or that at least $1,000,000 of
private funds are being invested in the project.
(B) Beginning on the effective date of this
paragraph through June 30, 2011, that the project has
been awarded a planning grant under this section or
that at least $500,000 of private funds are being
invested in the project.
(ii) That the value of the proposed collateral is
sufficient to cover the full amount of the loan.
(iii) That the applicant complied with all other
criteria established by the board.
(3) Upon being satisfied that all requirements have been
met, the board may approve the guarantee, and, if approved,
the authority shall execute a guarantee agreement in favor of
the commercial lending institution or community development
financial institution stating the terms and amounts of the
guarantee. [The] Except as provided in paragraph (3.1), the
guarantee may not exceed 50% of the outstanding principal
amount of the loan or $2,500,000 at any point in time,
whichever is less. In addition to any other terms and
conditions required by the board, the guarantee agreement
shall provide for all of the following:
(i) The procedure for the submission by the
commercial lending institution or community development
financial institution of a claim for payment. This
procedure shall require that the commercial lending
institution or community development financial
institution demonstrate that it has exhausted all
available remedies against the borrower, other guarantors
and collateral before seeking payment under the
agreement.
(ii) A requirement that a percentage of any moneys
recovered subsequent to the payment of a claim by the
authority be remitted to the authority.
(iii) Periodic reporting requirements by the
commercial lending institution or community development
financial institution regarding itself and regarding the
loans which have been awarded guarantees under this
section.
(3.1) Beginning on the effective date of this paragraph
through June 30, 2011, a guarantee of 51% to 90% of the
principal amount of the loan to assist with the financing of
a project related to agriculture may be awarded by the board.
The guarantee shall be subject to a one-time fee of 2% of the
amount of the loan multiplied by the percentage of the
guarantee.
(3.2) The amount of a guarantee under this subsection,
if any, shall be set at the discretion of the board based
upon its determination of the potential financial risk to the
Commonwealth.
* * *
(e.1) Limitation.--A Farm Credit Institution under the Farm
Credit Act of 1971 (Public Law 92-181, 85 Stat. 583) shall only
be permitted to participate in the First Industries Program
established under this section and may not participate in any
other loan guarantee program established under this chapter.
(e.2) Sunset.--After June 30, 2011, no Farm Credit
Institution under the Farm Credit Act of 1971 shall be eligible
for any loan guarantees under this chapter.
* * *
Section 3. The Department of Community and Economic
Development shall provide annually, as determined beginning one
year from the effective date of this act, to the Majority Leader
of the Senate, the Minority Leader of the Senate, the Majority
Leader of the House of Representatives and the Minority Leader
of the House of Representatives, a written report stating the
impact and number of loans originated, purchased, held and
assigned by the farm credit lender or other commercial lender
during the corresponding most recent one-year period. The report
shall be posted on the department's Internet website.
Section 4. This act shall take effect in 60 days.
APPROVED--The 9th day of October, A. D. 2008.
EDWARD G. RENDELL
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