An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in general p...
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HB 320 — An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions; in miscellaneous provisions, repealing provisions relating to qualified interest rate management agreements, further providing for financial reporting, providing for application of subchapter, for definitions, for qualified interest rate management agreements and for interest rate risk and interest cost management in first class cities and counties; and making editorial changes.
Last action — Laid on the table
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
733 added · 761 removedPlain-language change summary
The bill HB 320 has undergone some updates, particularly in clarifying the role of an "independent financial advisor." Changes include specifying that this advisor must have experience in interest rate management agreements and cannot be affiliated with the other party involved in the agreement. These modifications are important because they aim to ensure that local governments receive unbiased financial advice when managing interest rate risks, ultimately leading to better financial decisions for communities.
PRIOR PRINTER'S NO.
299 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
1494320 THE2019 GENERALINTRODUCED ASSEMBLYBY OFRYAN, PENNSYLVANIAKEEFER, HOUSEPICKETT BILLAND SessionROTHMAN, ofFEBRUARY No.1, 2019 REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 1, 2019 AN ACT AmeConsolidated Statutes, in general provisions, furthersylvania providing for definitions;
320in 2019miscellaneous INTRODUCEDprovisions, BYrepealing RYAN,provisions KEEFER,relating PICKETT,to ROTHMAN,qualified GLEIM,interest MULLINSrate ANDmanagement WHEELAND,agreements, FEBRUARYfurther 1,providing 2019for ASfinancial REPORTEDreporting, FROMproviding COMMITTEEfor ONapplication LOCALof GOVERNMENT,subchapter, HOUSEfor OFdefinitions, REPRESENTATIVES,for ASqualified AMENDED,interest APRILrate 17,management 2019agreements ANand ACTfor Amendinginterest Titlerate 53risk (Municipalitiesand Generally)interest ofcost themanagement Pennsylvania Consolidated Statutes, in generalfirst provisions,class furthercities providingand forcounties; definitions;
in miscellaneous provisions, repealing provisions relating to qualified interest rate management agreements, further providing for financial reporting, providing for application of subchapter, for definitions, for qualified interest rate management agreements and formaking interest rate risk and interest cost editorial changes.tchanges. class cities and counties;
and making The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
20190HB0320PN1494 - 2 - (3) A schedule [listing] illustrating the following:
20190HB0320PN0299 - 2 - (i) In dollars, all consulting, advisory, brokerage or similar fees, paid or payable by the local government unit in connection with the qualified interest rate management agreement, and [a schedule of] any finder's fees, consulting fees or brokerage fees, paid or payable by the other party in connection with the qualified interest rate management agreement.
This paragraph includes schedules of the estimated and maximum net payments of total debt service and scheduled, periodic, net 20190HB0320PN1494 - 3 - payments, which would be due under all of the qualified 20190HB0320PN0299 - 3 - interest rate management agreements.
(a) General rule.-- (1) Except as set forth in paragraph (4), notwithstanding any other law to the contrary, a local government unit may negotiate and enter into qualified 20190HB0320PN1494 - 4 - interest rate management agreements consistent with the 20190HB0320PN0299 - 4 - provisions of this subchapter.
or (ii) if the local government unit is incurring indebtedness under this chapter which has or will be 20190HB0320PN1494 - 5 - issued to a public authority that has entered into or 20190HB0320PN0299 - 5 - will enter into an interest rate management agreement meeting the requirements of a qualified interest rate management agreement under this subpart, adopted by that public authority.
(4) A provision requiring the termination of the agreement if all debt to which the qualified interest rate 20190HB0320PN1494 - 6 - management agreement relates is no longer outstanding.
20190HB0320PN0299 - 6 - (5) The maximum annual interest rate which the local government unit may pay thereunder.
(1) A covenant to include any termination payment or similar payment for a qualified interest rate management 20190HB0320PN1494 - 7 - agreement in its current budget at any time during a fiscal 20190HB0320PN0299 - 7 - year or in a budget adopted in a future fiscal year.
The qualifications shall include a rating for the other party of at least the third highest rating category from a nationally 20190HB0320PN1494 - 8 - recognized rating agency.
20190HB0320PN0299 - 8 - (3) A qualified interest rate management agreement must be awarded by public sale, private sale by negotiation or private sale by invitation.
(a) General rule.--A local government unit which has entered into a qualified interest rate management agreement shall include in its annual financial statements information with 20190HB0320PN1494 - 9 - respect to each qualified interest rate management agreement it 20190HB0320PN0299 - 9 - has authorized or entered into, including any information required pursuant to any statement issued by the Governmental Accounting Standards Board.
As used in this subchapter, the term "local government unit" means an authority as defined in section 8002 (relating to definitions) and a school district of the first class presently <-- operating under a home rule charter as defined under section 2902 (relating to definitions) or home rule charter supplement.,supplement. <-- A POLITICAL SUBDIVISION OR HOME RULE MUNICIPALITY OR OPTIONAL PLAN MUNICIPALITY.
(a) General rule.-- (1) Except as set forth in paragraph (4), notwithstanding any other law to the contrary, a local government unit may negotiate and enter into qualified 20190HB0320PN1494 - 10 - interest rate management agreements consistent with the provisions of this subchapter.
A local government unit may only authorize a qualified interest rate management agreement 20190HB0320PN0299 - 10 - under this subchapter.
(7) At the time a qualified interest rate management agreement is entered into, the sum of the notional amount and 20190HB0320PN1494 - 11 - all other qualified interest rate management agreements entered into or guaranteed, and then in effect of a local government unit, may not exceed 50% of the total principal 20190HB0320PN0299 - 11 - amount of the aggregate nonelectoral debt plus lease rental debt capacity of the local government unit then outstanding.
Periodic 20190HB0320PN1494 - 12 - scheduled payments based upon a London InterBank Offered Rate index or other index are not permitted unless the interest rate on the associated debt is also based on the same index 20190HB0320PN0299 - 12 - or the index is based on the same type of debt as the associated debt.
(c) Contents of qualified interest rate management 20190HB0320PN1494 - 13 - agreements.--In addition to other provisions approved by the local government unit, a qualified interest rate management agreement must contain all of the following:
20190HB0320PN0299 - 13 - (1) The covenant of the local government unit to make payments required by the qualified interest rate management agreement and the covenants authorized by section 8282 (relating to covenant to pay amounts due under qualified interest rate management agreements).
(i) periodic scheduled payments, not including termination payments, due under the qualified interest 20190HB0320PN1494 - 14 - rate management agreement;
20190HB0320PN0299 - 14 - (7) The source of payment of the payment obligations of the local government unit, which must be either general revenues or revenues specifically identified in the agreement.
20190HB0320PN1494 - 15 - (iv) Certifies that, in executing the transactions under the qualified interest rate management agreement, the other party has complied in all material aspects with 20190HB0320PN0299 - 15 - the applicable rules and regulations of the Commodity Futures Trading Commission, the Securities and Exchange Commission and the Municipal Securities Rulemaking Board to which the other party is subject.
(vii) Acknowledges and agrees that the other party will notify the department in writing promptly upon the other party's receipt of a termination payment by the local government unit, including the date and amount of the payment and the identity of the qualified interest rate management agreement under which the payment was 20190HB0320PN1494 - 16 - made.
(d) Other provisions of the qualified interest rate management agreement.--The qualified interest rate management 20190HB0320PN0299 - 16 - agreement may include:
(e) Award of qualified interest rate management agreements.-- (1) The local government unit shall establish a process 20190HB0320PN1494 - 17 - for selecting other parties before entering into a qualified interest rate management agreement.
(2) The local government unit shall establish 20190HB0320PN0299 - 17 - qualifications for other parties before entering into a qualified interest rate management agreement.
(ii) In connection with the incurring of debt under subparagraph (i), the local government unit will become 20190HB0320PN1494 - 18 - obligated for all or a portion of the public authority's costs under an interest rate management agreement.
Chapter 82 of Title 53 is amended by adding a 20190HB0320PN0299 - 18 - subchapter to read:
20190HB0320PN1494 - 19 - "Department." The Department of Community and Economic Development of the Commonwealth.
"Interest rate management agreement." An agreement, 20190HB0320PN0299 - 19 - including a confirmation evidencing a transaction effected under a master agreement, that:
THE(2) RESOLUTIONNo ISpayments SUBJECTmay TObe <--made SECTIONto 8003(A)or ANDon (B)behalf (RELATINGof TOa ADVERTISEMENTcontracting ANDauthority 20190HB0320PN1494by -the 20other -party EFFECTIVENESSto OFan ORDINANCES)interest BUTrate MAYmanagement BEagreement VALIDexcept ANDperiodic EFFECTIVEscheduled FORpayments, ALLtermination PURPOSESpayments IMMEDIATELYand UPONattorney ADOPTIONfees ORand ASother OTHERWISEconsultant PROVIDED20190HB0320PN0299 IN- THE20 RESOLUTION.- fees incurred in connection with entering into an interest rate management agreement.
THE(3) RESOLUTIONPeriodic AUTHORIZINGscheduled ANDpayments AWARDINGon Aan QUALIFIEDinterest INTERESTrate RATEmanagement MANAGEMENTagreement AGREEMENTmust ORcommence AUTHORIZINGnot Alater TRANSACTIONthan UNDERthree THEyears AGREEMENTafter MUSTthe INCLUDEdate INof THEthe RESOLUTIONconfirmation ORassociated ASwith ANthe APPENDIXinterest TOrate THEmanagement RESOLUTIONagreement. ALL OF THE FOLLOWING:
(I) A COPY OF THE QUALIFIED INTEREST RATE MANAGEMENT AGREEMENT OR CONFIRMATION OF THE TRANSACTION UNDER THE QUALIFIED INTEREST RATE MANAGEMENT AGREEMENT IN SUBSTANTIALLY THE FORM TO BE EXECUTED PURSUANT TO THE RESOLUTION.
(II) AN INTEREST RATE MANAGEMENT PLAN MEETING THE REQUIREMENTS UNDER THIS SUBPART:
(A) ADOPTED BY THE CONTRACTING AUTHORITY;
Show all 52 changed lines (12 more)
OR (B) IF THE CONTRACTING AUTHORITY IS INCURRING INDEBTEDNESS WHICH HAS OR WILL BE ISSUED TO A PUBLIC AUTHORITY THAT HAS ENTERED INTO OR WILL ENTER INTO AN INTEREST RATE MANAGEMENT AGREEMENT MEETING THE REQUIREMENTS OF THIS SUBCHAPTER, ADOPTED BY THAT PUBLIC AUTHORITY.
(III) A STATEMENT OF THE MANNER BY WHICH THE AWARD OF THE INTEREST RATE MANAGEMENT AGREEMENT IS COMPLETED.
(2) No payments may be made to or on behalf of a contracting authority by the other party to an interest rate management agreement except periodic scheduled payments, termination payments and attorney fees and other consultant fees incurred in connection with entering into an interest rate management agreement.
(3) Periodic scheduled payments on an interest rate 20190HB0320PN1494 - 21 - management agreement must commence not later than three years after the date of the confirmation associated with the interest rate management agreement.
(6) Scheduled periodic payments and termination payments received by a contracting authority on an interest rate management agreement shall be deposited in a payment account 20190HB0320PN0299 - 21 - to:
(i) Pay periodic swap payments or to pay principal and interest on the debt or debt-related obligations 20190HB0320PN1494 - 22 - related to the interest rate management agreement.
(i) Acknowledges that the contracting authority that is entering into the interest rate management agreement 20190HB0320PN0299 - 22 - under this subchapter is a political subdivision of this Commonwealth or a municipal authority created under Chapter 56 (relating to municipal authorities) by a city 20190HB0320PN1494 - 23 - of the first class or a county of the first class.
20190HB0320PN0299 - 23 - § 8295.
A contracting authority that has entered into an interest rate management agreement shall include in the contracting 20190HB0320PN1494 - 24 - authority's annual financial statements information with respect to each interest rate management agreement the contracting authority has authorized or entered into, including information required pursuant to a statement issued by the Governmental Accounting Standards Board.
(ii) Shall not apply to any amendment, termination or novation of an interest rate management agreement if the interest rate management agreement was entered into prior to the effective date of this section or if the 20190HB0320PN0299 - 24 - term of the interest rate management agreement is not extended.
(iii) Notwithstanding any other provision of law, 20190HB0320PN1494 - 25 - shall apply to an interest rate management agreement entered into by any of the following:
20190HB0320PN149420190HB0320PN0299 - 2625 -
Show all 52 changed rows (12 more)
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Laid on the table
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Removed from table
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Laid on the table
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First consideration
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PN 1494 Reported as amended
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PN 0299 Referred to LOCAL GOVERNMENT
Sponsors
- Ryan · Primary
- Dawn W. Keefer · Cosponsor
- Tina Pickett · Cosponsor
- Greg Rothman · Cosponsor
- Barbara Gleim · Cosponsor
- Kyle J. Mullins · Cosponsor
- Wheeland · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 6 co-sponsors · 246 not signed on
Sponsors (1)
- Ryan
Co-sponsors (6)
- Dawn W. Keefer Republican
- Tina Pickett Republican
- Greg Rothman Republican
- Barbara Gleim Republican
- Kyle J. Mullins Democratic
- Wheeland
Not signed on (246)
246 members have not signed on to this bill.
Show all 246 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors HB 320?
- HB 320 is sponsored by Ryan, Dawn W. Keefer (Republican), Tina Pickett (Republican), Greg Rothman (Republican), Barbara Gleim (Republican), Kyle J. Mullins (Democratic), and Wheeland.
- What is the current status of HB 320?
- This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 320?
- Track HB 320 free on One Click Politics — get push/email alerts when it moves.
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