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Borrowing authorized - 32 Pa. Cons. Stat. § 7507Legal Research Home > Pennsylvania Statutes
§ 7507. Borrowing authorized.
(a) Aggregate limitation.--Pursuant to the provisions of
section 7(a)(3) of Article VIII of the Constitution of
Pennsylvania and the referendum approved by the electorate on
November 3, 1981, the issuing officials are authorized and
directed to borrow, on the credit of the Commonwealth, bonds not
exceeding in the aggregate the sum of $300,000,000, not
including refunding bonds, as may be found necessary to carry
out the purposes of this chapter.
(b) Authorization to issue notes.--Pending the issuance of
bonds of the Commonwealth as authorized in this chapter, the
issuing officials are authorized in accordance with this chapter
and on the credit of the Commonwealth to make temporary
borrowing not to exceed three years in anticipation of the issue
of bonds with the latest stated maturity date to be set forth in
the notes, in order to provide funds in such amounts as may from
time to time be deemed advisable to carry out the purposes of
this chapter prior to the issue of bonds. In order to provide
for and in connection with such temporary borrowings, the
issuing officials are authorized in the name and on behalf of
the Commonwealth to enter into any loan or credit agreement or
agreements or other agreements with any banks or trust companies
or other lending institutions or persons in the United States
having power to enter into them, which agreements may contain
such provisions not inconsistent with the provisions of this
chapter as may be customary in such instruments and as may be
authorized by the issuing officials.
(c) Issuance of notes and renewal notes.--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 such amounts that together with the notes
outstanding and bonds issued pursuant to this chapter do not
exceed $300,000,000, in such form and in such denominations, and
subject to such terms and conditions of sale and issue, renewal,
prepayment or redemption and maturity, rate or rates of interest
and time of payment of interests, as the issuing officials shall
direct and in accordance with this chapter. Such direction may
provide for the subsequent issuance of the notes (referred to as
"renewal notes") to refund the notes or renewal notes, which
renewal notes shall, upon issuance thereof, evidence the
borrowing, and may specify such other terms and conditions with
respect to the notes and renewal notes thereby authorized for
issuance as the issuing officials may determine and direct. Any
issue of renewal notes may be in a principal amount sufficient
to repay the principal of and accrued interest on, if any, the
issue or issues of notes being refunded and to pay the financial
costs relating to the renewal notes.
(d) Funding bonds.--Outstanding notes evidencing the
borrowings may be funded and retired by the issuance and sale of
the bonds of the Commonwealth as authorized in this chapter. The
funding bonds must be issued and sold not later than a date
three years after the date of the issuance of the first notes
evidencing the borrowings to the extent that payment of the
notes has not otherwise been made or provided for by sources
other than proceeds of renewal notes.
(e) Issuance of general obligation bonds.--As evidence of
the indebtedness authorized in this chapter, general obligation
bonds of the Commonwealth shall be issued from time to time to
fund and retire notes issued pursuant to this chapter (referred
to as "funding bonds") or to provide moneys necessary to carry
out the purposes of this chapter, or both, 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 30 years from the date of the debt first issued
for each series.
(f) Execution of bonds.--All bonds and notes issued under
the authority of this chapter 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.
(g) Direct obligation of Commonwealth.--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 are 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 of America.
(h) Exemption from taxation.--All bonds and notes issued
under the provisions of this section shall be exempt from
taxation for State and local purposes.
(i) Form of bonds.--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.
(j) Bond amortization.--The issuing officials shall provide
for the amortization of the bonds in substantial and regular
amounts over the term of the debt. 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.
(k) Refunding bonds.--The issuing officials are authorized
to provide, by resolution, for the issuance of refunding bonds
for the purpose of refunding any bonds issued under the
provisions of this chapter and then outstanding, either by
voluntary exchange with the holders of the outstanding bonds, or
to provide funds to redeem and retire the outstanding bonds with
accrued interest, any premium payable thereon and the costs of
issuance and retirement of bonds, 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 officials in respect to the same 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 $300,000,000 of bonds to be issued
pursuant to this chapter, may be issued by the issuing officials
to refund bonds originally issued or to refund bonds previously
issued for refunding purposes.
(l) Quorum.--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 State Treasurer shall
be binding and final.
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Last modified: November 27, 2007 |