9511.4 - Special revenue bonds and preliminary or interim financing.

     § 9511.4.  Special revenue bonds and preliminary or interim                financing.        (a)  Authorization.--The commission is authorized to provide,     by resolution, for the issuance of special revenue bonds of the     commission up to an aggregate principal amount not exceeding     $5,000,000,000, exclusive of original issue discount, for the     purpose of paying the cost of the department and bond-related     expenses. The resolution must recite an estimate of the cost of     the department. No more than $600,000,000 in aggregate principal     amount of special revenue bonds, exclusive of original issue     discount, may be issued in any calendar year. No bond may be     issued and outstanding under this section unless the lease     agreement authorized under section 8915.3 (relating to lease of     Interstate 80; related agreements) is in effect as of the date     of issuance. No bond may be outstanding beyond the term of the     lease. Special revenue refunding bonds as set forth in section     9511.9 (relating to special revenue refunding bonds) shall not     be deemed to count against the total or annual maximum issuance     volume. The principal and interest of the bond shall be payable     solely from pledged revenues.        (b)  Form.--            (1)  A bond may be issued in registered form.            (2)  A bond:                (i)  must be dated;                (ii)  must bear interest at a rate not exceeding the            rate permitted under applicable law;                (iii)  must be payable semiannually or at other times            as set forth in the resolution of the commission            authorizing the issuance of the bonds;                (iv)  must mature, as determined by the commission,            no later than 40 years from the date of the bond; and                (v)  may be made redeemable before maturity, at the            option of the commission, at a price and under terms and            conditions fixed by the commission prior to the issuance            of the bonds.        (c)  Issuance.--            (1)  The commission may sell bonds at public or private        sale and for a price it determines to be in the best interest        of the Commonwealth.            (2)  Bonds may be issued in series with varying        provisions as to all of the following:                (i)  Rates of interest, which may be fixed or            variable.                (ii)  Other provisions not inconsistent with this            chapter.        (d)  (Reserved).        (e)  Payment.--            (1)  The principal and interest of the bonds may be made        payable in any lawful medium.            (2)  The commission shall:                (i)  determine the form of bonds; and                (ii)  fix:                    (A)  the denomination of the bond; and                    (B)  the place of payment of principal and                interest of the bond, which may be at any bank or                trust company within or without this Commonwealth.        (f)  Signature.--The bond must bear the manual or facsimile     signature of the Governor and of the chairman of the commission.     The official seal of the commission or a facsimile of the     official seal shall be affixed to or printed on the bond and     attested by the secretary and treasurer of the commission. If an     officer whose signature or facsimile of a signature appears on a     bond ceases to be an officer before the delivery of the bond,     the signature or facsimile shall nevertheless be valid and     sufficient for all purposes as if the officer remained in office     until delivery.        (g)  Negotiability.--A special revenue bond issued under this     chapter shall have all the qualities and incidents of a     negotiable instrument under 13 Pa.C.S. Div. 3 (relating to     negotiable instruments).        (h)  Proceeds.--The proceeds of a bond shall be used solely     for the following:            (1)  Payment of the cost of the department.            (2)  Bond-related expenses.        (i)  Temporary bonds.--Prior to the preparation of definitive     bonds, the commission may, under similar provisions as those     applicable to the definitive bonds, issue temporary bonds,     exchangeable for definitive bonds upon the issuance of     definitive bonds.        (j)  (Reserved).        (k)  Status as securities.--            (1)  A bond is made a security in which any of the        following may properly and legally invest funds, including        capital, belonging to them or within their control:                (i)  Commonwealth and municipal officers.                (ii)  Commonwealth agencies.                (iii)  Banks, bankers, savings banks, trust            companies, saving and loan associations, investment            companies and other persons carrying on a banking            business.                (iv)  Insurance companies, insurance associations and            other persons carrying on an insurance business.                (v)  Fiduciaries.                (vi)  Other persons that are authorized to invest in            bonds or other obligations of the Commonwealth.            (2)  A bond is made a security which may properly and        legally be deposited with and received by a Commonwealth or        municipal officer or a Commonwealth agency for any purpose        for which the deposit of bonds or other obligations of the        Commonwealth is authorized by law.        (l)  Borrowing.--The following shall apply:            (1)  The commission is authorized to do all of the        following:                (i)  Borrow money at an interest rate not exceeding            the rate permitted by law.                (ii)  Provide for preliminary or interim financing up            to, but not exceeding, the estimated total cost of the            department and bond-related expenses and to evidence the            borrowing by the issuance of special revenue notes and,            in its discretion, to pledge as collateral for the note            or other obligation a special revenue bond issued under            the provisions of this chapter. The commission may renew            the note or obligation, and the payment or retirement of            the note or obligation shall be considered to be payment            of the cost of the project.            (2)  A note or obligation issued under this subsection        must contain a statement on its face that:                (i)  the Commonwealth is not obligated to pay the            note or obligation or interest on it, except from pledged            revenues; and                (ii)  neither the faith and credit nor the taxing            power of the Commonwealth is pledged to the payment of            its principal or interest.     (July 18, 2007, P.L.169, No.44, eff. imd.)        2007 Amendment.  Act 44 added section 9511.4. Section 11.1 of     Act 44 provided that Act 44 shall apply retroactively to July 1,     2007.