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Authority - 64 Pa. Cons. Stat. § 1511Legal Research Home > Pennsylvania Statutes Sponsored Links
SUBCHAPTER B
STRUCTURE AND POWERS
Sec.
1511. Authority.
1512. Board.
1513. Powers.
1514. Limitation.
§ 1511. Authority.
(a) Establishment.--There is established an independent
authority to be known as the Commonwealth Financing Authority.
The authority shall be an instrumentality of the Commonwealth
and a body corporate and politic, with corporate succession.
(b) Governance.--The authority shall be governed by the
board. The powers of the authority shall be exercised by the
board.
(c) Expenses.--Expenses of the authority shall be paid from
assets or income of the authority. Except as provided in this
chapter or by other law, the Commonwealth shall not be
responsible for funding the expenses of the authority.
(d) Fiscal year.--The fiscal year of the authority shall be
the same as the fiscal year of the Commonwealth.
(e) Audit.--
(1) The accounts and books of the authority shall be
examined and audited annually by an independent certified
public accounting firm.
(2) The authority shall, by December 31 of each year,
file a copy of the audit required by paragraph (1) with the
Secretary of the Senate and the Chief Clerk of the House of
Representatives.
(f) Reports.--(Reserved).
(g) Publication.--The authority shall annually publish a
concise financial statement in the Pennsylvania Bulletin.
(h) Cooperation.--Executive agencies shall cooperate with
and provide assistance to the authority without financial
reimbursement.
(i) Existence and dissolution.--
(1) The authority shall exist until terminated by law.
(2) The authority may be dissolved by law if all
outstanding liabilities of the authority, including bonds and
other contractual obligations, have been fully paid, retired,
satisfied or discharged or provision has been made for
payment of all outstanding liabilities of the authority,
including bonds and other contractual obligations. Upon the
dissolution of the authority, all funds, assets and other
property of the authority shall vest in the Commonwealth.
(j) Procurement.--The authority shall be considered as an
independent agency for the purposes of 62 Pa.C.S. Pt. I
(relating to Commonwealth procurement code).
(k) Limitation on action.--If any provision of this section
or section 1512 (relating to board) is held invalid by a court
of competent jurisdiction, the authority shall not borrow
further moneys nor issue further bonds, and the authority shall
not further disburse to any person proceeds of any issue of
bonds previously authorized. All provisions of outstanding bonds
of the authority and all rights and remedies of obligees of the
authority under this chapter shall be and shall remain valid and
enforceable.
(l) Relationship with department.--
(1) The department shall provide administrative services
and staff, including staff legal counsel, to the authority
and the board. The authority shall reimburse the department
for the cost of providing the administrative services and
staff.
(2) The authority may enter into agreements with the
department setting forth the rights and obligations they have
to each other in carrying out their respective
responsibilities under and to further the intent of this
chapter.
(m) Applicability.--The following acts shall apply to the
authority and the board:
(1) The act of June 21, 1957 (P.L.390, No.212), referred
to as the Right-to-Know Law.
(2) The act of July 19, 1957 (P.L.1017, No.451), known
as the State Adverse Interest Act.
(3) The provisions of 65 Pa.C.S. Chs. 7 (relating to
open meetings) and 11 (relating to ethics standards and
financial disclosure).
Nonseverability. Section 6(2) of Act 22 of 2004 provided
that if section 1511 or 1512 or the application to any person or
circumstance is held invalid, the remaining provisions or
applications of Act 22 are void.
Cross References. Section 1511 is referred to in section
1504 of this title; section 3902 of Title 12 (Commerce and
Trade).
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Last modified: November 27, 2007 |