| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 139, 712, 1642, 3776 | PRINTER'S NO. 3834 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GINGRICH, BOYD, COHEN, D. COSTA, GEIST, HENNESSEY, M. K. KELLER, KORTZ, MAJOR, MILLER, ROSS, SWANGER, MURT, YOUNGBLOOD, SACCONE AND HARHART, JANUARY 24, 2011 |
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| SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JUNE 26, 2012 |
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| AN ACT |
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1 | Amending Title 53 (Municipalities Generally) of the Pennsylvania |
2 | Consolidated Statutes, in area government and |
3 | intergovernmental cooperation, further providing for review |
4 | of agreement by Local Government Commission; and, in other | <-- |
5 | subjects of taxation, further providing for hotel room |
6 | rental. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 2314 of Title 53 of the Pennsylvania | <-- |
10 | Consolidated Statutes is amended to read: |
11 | Section 1. Sections 2314 and 8721(b) of Title 53 of the | <-- |
12 | Pennsylvania Consolidated Statutes are amended to read: |
13 | § 2314. [Review of agreement by Local Government Commission. |
14 | Every agreement between a local government and the |
15 | Commonwealth, any other state, government of another state or |
16 | the Federal Government under the provisions of this subchapter |
17 | shall, prior to and as a condition precedent to enactment of an |
18 | ordinance, be submitted to the Local Government Commission for |
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1 | review and recommendation. The commission shall within 60 days |
2 | of receipt of the agreement determine whether it is in proper |
3 | form and compatible with the laws of this Commonwealth. Failure |
4 | of the commission to make recommendations within 60 days of |
5 | receipt of the agreement shall constitute a recommendation in |
6 | favor of the agreement.] Required review of specified |
7 | agreements. |
8 | (a) General rule.--An agreement between a local government |
9 | and the Federal Government, the Commonwealth, any other state or |
10 | government of another state under the provisions of this |
11 | subchapter shall, prior to and as a condition precedent to |
12 | enactment of an ordinance, be submitted to the Local Government |
13 | Commission for review and recommendation. |
14 | (b) Commission review.-- |
15 | (1) The commission shall, within 90 days of receipt of |
16 | the agreement, provide to the local government or other party |
17 | submitting the agreement an advisory written response of its |
18 | review of, and any recommended changes to, the agreement with |
19 | regard to form and compatibility with the laws of this |
20 | Commonwealth. |
21 | (2) If an agreement has been submitted to the commission |
22 | for review as required by this subsection, the failure of the |
23 | commission to provide an advisory written response within 90 |
24 | days of receipt of the agreement shall not bar or impede the |
25 | effectiveness or implementation of the agreement. |
26 | (c) Committee review.-- | <-- |
27 | (1) In all cases involving an agreement between a local |
28 | government and the Commonwealth, in addition to the |
29 | requirements of subsection (b), the Commonwealth, after |
30 | receipt of the commission's advisory written response or |
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1 | after 90 days have elapsed without a written response from |
2 | the commission, whichever is sooner, shall submit the |
3 | agreement to the Appropriations Committee of the Senate and |
4 | the Appropriations Committee of the House of Representatives |
5 | for their review, preparation of a fiscal note and, if deemed |
6 | necessary by either committee, a public hearing. |
7 | (2) (i) Notwithstanding the passage of an ordinance in |
8 | accordance with section 2315 (relating to effect of joint |
9 | cooperation agreements), no agreement between a local |
10 | government and the Commonwealth may be deemed in force |
11 | and binding as to either the Commonwealth or a local |
12 | government until 180 days have elapsed from the date that |
13 | the agreement has been submitted by the Commonwealth to |
14 | the committees. |
15 | (ii) The requirements of subparagraph (i) shall not |
16 | apply to any agreement necessary to respond to a disaster |
17 | emergency or local emergency as those terms are defined |
18 | in 35 Pa.C.S. § 7102 (relating to definitions). |
19 | (d) (c) Exceptions.--This section shall not apply to the | <-- |
20 | following contracts, agreements or transactions: |
21 | (1) Contracts or agreements between a local government |
22 | and the Commonwealth that are of a routine nature or are |
23 | performed on a periodic basis, such as those for public |
24 | improvements or maintenance. |
25 | (2) State grants and loans that are administered by the |
26 | Commonwealth pursuant to statute or regulation. |
27 | (3) Contracts or agreements for cooperative purchasing. |
28 | (4) Contracts, agreements or memoranda of understanding |
29 | between the Commonwealth and a local government that are |
30 | expressly authorized by statute or regulation and by which |
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1 | the Commonwealth delegates all or a portion of its |
2 | enforcement duties or responsibilities to a local government. |
3 | (5) Contracts or agreements between the Commonwealth and |
4 | a local government that are expressly authorized by statute |
5 | or regulation and through which the local government provides |
6 | a service on behalf of the Commonwealth. |
7 | (6) Contracts or agreements relating to the purchase, | <-- |
8 | right to capacity, sale, exchange, interchange, wheeling, |
9 | pooling, transmission or development of electric power and |
10 | associated energy and related services. |
11 | Section 2. This act shall take effect in 60 days. | <-- |
12 | § 8721. Hotel room rental. | <-- |
13 | * * * |
14 | (b) Counties of the second class.--The treasurer of each |
15 | county of the second class electing to impose the tax authorized |
16 | under this section is directed to collect the tax and to deposit |
17 | the revenue received from the tax in a special fund. The |
18 | revenues shall be distributed by the county commissioners as |
19 | follows: |
20 | (1) Except as set forth in paragraph (4), two-fifths of |
21 | the revenue received by the county from the excise tax shall |
22 | be distributed to a tourist promotion agency pursuant to |
23 | section 2199.14 of the act of July 28, 1953 (P.L.723, |
24 | No.230), known as the Second Class County Code. |
25 | (2) Except as set forth in paragraph (4), one-third of |
26 | the tax collected by hotels within a municipality where a |
27 | convention center or exhibition hall is located, less the |
28 | cost of collecting the tax, shall, at the request of that |
29 | municipality, be returned to that municipality for deposit in |
30 | that municipality's special fund established solely for |
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1 | purposes of paying for promotional programs implemented by a |
2 | nonprofit organization which are designed to stimulate and |
3 | increase the volume of conventions and visitors within the |
4 | municipality [or as provided in paragraph (5)], subject to | <-- |
5 | the following requirements: |
6 | (i) An audited report on the income and expenditures |
7 | incurred by the municipality receiving funds from the |
8 | excise tax on hotel room rentals shall be made annually |
9 | to county. |
10 | (ii) The members of the board of directors or other |
11 | governing body of the nonprofit organization utilized by |
12 | the municipality to provide the promotional programs |
13 | shall be appointed by the governing body of the |
14 | municipality. |
15 | (2.1) Except as set forth in paragraph (4), a 5% fee |
16 | shall be paid to the county for collecting the tax. |
17 | (3) Except as set forth in paragraph (4), all remaining |
18 | revenue from the tax received by the county, after paying the |
19 | amounts set forth in paragraphs (1), (2) and (2.1), shall be |
20 | used for operational and maintenance expenditures of the |
21 | convention center or exhibition hall as provided in |
22 | subsection (d) and for regional tourist promotion activities. |
23 | (4) Subject to paragraph (4.1), if bonds are issued by |
24 | the public authority to provide permanent financing or |
25 | refinancing of the expansion of and capital improvements to |
26 | the convention center or exhibition hall, the revenue |
27 | received from the tax and deposited in the special fund shall |
28 | not be distributed as set forth in paragraphs (1) through (3) |
29 | but shall be distributed by the county commissioners in the |
30 | order of priority as follows: |
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1 | (i) First, to the payment of all amounts set forth |
2 | in paragraph (2). |
3 | (ii) Second: |
4 | (A) to the trustee for the bonds in accordance |
5 | with the provisions of the indenture pursuant to |
6 | which the bonds are issued, to be used for the |
7 | payment of debt service on the bonds; and |
8 | (B) to the payment of all amounts set forth in |
9 | paragraph (2.1): |
10 | (I) in full; or |
11 | (II) if the revenues are insufficient to make |
12 | the payment in full, pro rata. |
13 | (iii) Third, to the payment of all amounts set forth |
14 | in paragraph (1). |
15 | (iv) Fourth, as set forth in paragraph (3). |
16 | (4.1) Paragraph (4) shall not apply to bonds issued |
17 | subsequent to the permanent financing for purposes of |
18 | completion or subsequent expansions or capital improvements. |
19 | [(5) If a convention center or exhibition hall | <-- |
20 | discontinues operation in a municipality in which a |
21 | convention center or exhibition hall is located, the |
22 | municipality shall continue to collect and receive the tax |
23 | [for a period of three years from the date of discontinuation | <-- |
24 | of operation or closure. The following apply: |
25 | (i) During this period, the municipality may use |
26 | revenue from the tax for debt service on the |
27 | construction, reconstruction, operation or maintenance of |
28 | a convention center or exhibition hall in the |
29 | municipality. |
30 | (ii) If, during this period, no convention center or |
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1 | exhibition hall is operating or under construction, the |
2 | municipality shall hold the revenue in the special |
3 | account under paragraph (2), which is separate from all |
4 | other municipal revenue, solely for the purpose of the |
5 | construction of a convention center or exhibition hall in |
6 | the municipality. |
7 | (iii) At the end of this period, if a convention |
8 | center or exhibition hall does not operate or if the |
9 | construction of a new convention center or exhibition |
10 | hall in the municipality has not reached substantial |
11 | completion, the revenue from the tax shall be deposited |
12 | by the county in the economic development, community |
13 | infrastructure and tourism fund maintained by the |
14 | county.], which shall be deposited by the municipality | <-- |
15 | and used for the purposes as provided in paragraph (2). |
16 | * * * |
17 | Section 2. This act shall take effect as follows: |
18 | (1) The amendment of 53 Pa.C.S. § 2314 shall take effect |
19 | in 60 days. |
20 | (2) The remainder of this act shall take effect |
21 | immediately. |
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