PRINTER'S NO. 1053
No. 901 Session of 2007
INTRODUCED BY R. MILLER, ARGALL, BAKER, BOYD, CLYMER, EVERETT,
FAIRCHILD, GEIST, GINGRICH, GRUCELA, HENNESSEY, HESS,
HUTCHINSON, M. KELLER, McILHATTAN, MILLARD, NAILOR, NICKOL,
PICKETT, RAPP, REICHLEY, RUBLEY, SCAVELLO, STERN,
R. STEVENSON, SWANGER AND WATSON, MARCH 22, 2007
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, MARCH 22, 2007
AN ACT
1 Amending Title 4 (Amusements) of the Pennsylvania Consolidated
2 Statutes, further providing for establishment of State Gaming
3 Fund and net slot machine revenue distribution and for
4 transfers from State Gaming Fund.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1403 of Title 4 of the Pennsylvania
8 Consolidated Statutes, amended November 1, 2006 (P.L.1243,
9 No.135), is amended to read:
10 § 1403. Establishment of State Gaming Fund and net slot machine
11 revenue distribution.
12 (a) Fund established.--There is hereby established the State
13 Gaming Fund within the State Treasury.
14 (b) Slot machine tax.--The department shall determine and
15 each slot machine licensee shall pay a daily tax of 34% from its
16 daily gross terminal revenue from the slot machines in operation
17 at its facility and a local share assessment as provided in
1 subsection (c) into the fund. All funds owed to the Commonwealth
2 or a municipality under this section shall be held in trust by
3 the licensed gaming entity until the funds are paid or
4 transferred and distributed. Unless otherwise agreed to by the
5 Gaming Board, a licensed gaming entity shall establish a
6 separate bank account to maintain gaming proceeds until such
7 time as they are paid or transferred under this section.
8 (c) Transfers and distributions.--[The] Subject to the
9 provisions of subsection (e), the department shall:
10 (1) Transfer the slot machine tax and assessment imposed
11 in subsection (b) to the fund.
12 (2) From the local share assessment established in
13 subsection (b), make quarterly distributions among the
14 counties hosting a licensed facility in accordance with the
15 following schedule:
16 (i) If the licensed facility is a Category 1
17 licensed facility that is located at a harness racetrack
18 and the county, including a home rule county, in which
19 the licensed facility is located is:
20 (A) A county of the first class: 4% of the
21 gross terminal revenue to the county hosting the
22 licensed facility from each such licensed facility.
23 Notwithstanding any other provision to the contrary,
24 funds from licensed gaming entities located within a
25 county of the first class shall not be distributed
26 outside of a county of the first class.
27 (B) A county of the second class: 2% of the
28 gross terminal revenue to the county hosting the
29 licensed facility from each such licensed facility.
30 (C) A county of the second class A: 1% of the
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1 gross terminal revenue to the county hosting the
2 licensed facility from each such licensed facility.
3 An additional 1% of the gross terminal revenue to the
4 county hosting the licensed facility from each such
5 licensed facility for the purpose of municipal grants
6 within the county in which the licensee is located.
7 (D) (I) A county of the third class: Except as
8 provided in subclause (II), 2% of the gross
9 terminal revenue from each such licensed facility
10 shall be deposited into a restricted account
11 established in the Department of Community and
12 Economic Development to be used exclusively for
13 grants for health, safety and economic
14 development projects to municipalities within the
15 county where the licensed facility is located.
16 Municipalities that are contiguous to the
17 municipality hosting such licensed facility shall
18 be given priority by the Department of Community
19 and Economic Development in the award of such
20 grants.
21 (II) If a licensed facility is located in
22 one of two counties of the third class where a
23 city of the third class is located in both
24 counties of the third class, the county in which
25 the licensed facility is located shall receive
26 1.2% of the gross terminal revenue to be
27 distributed as follows: 20% to the host city,
28 30% to the host county and 50% to the host county
29 for the purpose of making municipal grants within
30 the county, with priority given to municipalities
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1 contiguous to the host city. The county of the
2 third class, which includes a city of the third
3 class that is located in two counties of the
4 third class and is not the host county for the
5 licensed facility, shall receive .8% of the gross
6 terminal revenue to be distributed as follows:
7 60% to a nonhost city of the third class located
8 solely in the nonhost county in which the host
9 city of the third class is also located or 60% to
10 the nonhost city of the third class located both
11 in the host and nonhost counties of the third
12 class, 35% to the nonhost county and 5% to the
13 nonhost county for the purpose of making
14 municipal grants within the county.
15 (E) A county of the fourth class: 2% of the
16 gross terminal revenue from each such licensed
17 facility shall be deposited into a restricted account
18 established in the Department of Community and
19 Economic Development to be used exclusively for
20 grants to the county, to economic development
21 authorities or redevelopment authorities within the
22 county for grants for economic development projects,
23 job training, community improvement projects, other
24 projects in the public interest and reasonable
25 administrative costs. Notwithstanding the provisions
26 of the act of February 9, 1999 (P.L.1, No.1), known
27 as the Capital Facilities Debt Enabling Act, grants
28 made under this clause may be utilized as local
29 matching funds for other grants or loans from the
30 Commonwealth.
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1 (F) Counties of the fifth through eighth
2 classes: 2% of the gross terminal revenue from each
3 such licensed facility shall be deposited into a
4 restricted account established in the Department of
5 Community and Economic Development to be used
6 exclusively for grants to the county.
7 (G) Any county not specifically enumerated in
8 clauses (A) through (F), 2% of the gross terminal
9 revenue to the county hosting the licensed facility
10 from each such licensed facility.
11 (ii) If the licensed facility is a Category 1
12 licensed facility and is located at a thoroughbred
13 racetrack and the county in which the licensed facility
14 is located is:
15 (A) A county of the first class: 4% of the
16 gross terminal revenue to the county hosting the
17 licensed facility from each such licensed facility.
18 Notwithstanding any other provision to the contrary,
19 funds from licensed gaming entities located within
20 the county of the first class shall not be
21 distributed outside of a county of the first class.
22 (B) A county of the second class: 2% of the
23 gross terminal revenue to the county hosting the
24 licensed facility from each such licensed facility.
25 (C) A county of the second class A: 1% of the
26 gross terminal revenue to the county hosting the
27 licensed facility from each such licensed facility.
28 An additional 1% of the gross terminal revenue to the
29 county hosting the licensed facility from each such
30 licensed facility for the purpose of municipal grants
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1 within the county in which the licensee is located.
2 (D) A county of the third class: 1% of the
3 gross terminal revenue to the county hosting the
4 licensed facility from each such licensed facility.
5 An additional 1% of the gross terminal revenue to the
6 county hosting the licensed facility from each such
7 licensed facility for the purpose of municipal grants
8 within the county in which the licensee is located.
9 (E) A county of the fourth class: 2% of the
10 gross terminal revenue from each such licensed
11 facility shall be deposited into a restricted account
12 established in the Department of Community and
13 Economic Development to be used exclusively for
14 grants to the county, to economic development
15 authorities or redevelopment authorities within the
16 county for grants for economic development projects,
17 community improvement projects, job training, other
18 projects in the public interest and reasonable
19 administrative costs. Notwithstanding the Capital
20 Facilities Debt Enabling Act, grants made under this
21 clause may be utilized as local matching funds for
22 other grants or loans from the Commonwealth.
23 (F) Counties of the fifth through eighth
24 classes: 2% of the gross terminal revenue from each
25 such licensed facility shall be deposited into a
26 restricted account established in the Department of
27 Community and Economic Development to be used
28 exclusively for grants to the county.
29 (G) Any county not specifically enumerated in
30 clauses (A) through (F), 2% of the gross terminal
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1 revenue to the county hosting the licensed facility
2 from each such licensed facility.
3 (iii) If the facility is a Category 2 licensed
4 facility and if the county in which the licensed facility
5 is located is:
6 (A) A county of the first class: 4% of the
7 gross terminal revenue to the county hosting the
8 licensed facility from each such licensed facility.
9 Notwithstanding any other provision to the contrary,
10 funds from licensed gaming entities located within a
11 county of the first class shall not be distributed
12 outside of a county of the first class. The first
13 $5,000,000 of the total amount distributed annually
14 to the county of the first class shall be distributed
15 to the Philadelphia School District.
16 (B) A county of the second class: 2% of the
17 gross terminal revenue to the county hosting the
18 licensed facility from each such licensed facility.
19 (C) A county of the second class A: 1% of the
20 gross terminal revenue to the county hosting the
21 licensed facility from each such licensed facility.
22 An additional 1% of the gross terminal revenue to the
23 county hosting the licensed facility from each such
24 licensed facility for the purpose of municipal grants
25 within the county in which the licensee is located.
26 (D) A county of the third class: 1% of the
27 gross terminal revenue to the county hosting the
28 licensed facility from each such licensed facility.
29 An additional 1% of the gross terminal revenue to the
30 county hosting the licensed facility from each such
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1 licensed facility for the purpose of municipal grants
2 within the county in which the licensee is located.
3 (D.1) If a licensed facility is located in one
4 of two counties of the third class where a city of
5 the third class is located in both counties of the
6 third class, the county in which the licensed
7 facility is located shall receive 1.2% of the gross
8 terminal revenue to be distributed as follows: 20%
9 to the host city, 30% to the host county and 50% to
10 the host county for the purpose of making municipal
11 grants within the county, with priority given to
12 municipalities contiguous to the host city. The
13 county of the third class, which includes a city of
14 the third class that is located in two counties of
15 the third class and is not the host county for the
16 licensed facility, shall receive .8% of the gross
17 terminal revenue to be distributed as follows: 60%
18 to a nonhost city of the third class located solely
19 in the nonhost county in which the host city of the
20 third class is also located or 60% to the nonhost
21 city of the third class located both in the host and
22 nonhost counties of the third class, 35% to the
23 nonhost county and 5% to the nonhost county for the
24 purpose of making municipal grants within the county.
25 (E) A county of the fourth class: 2% of the
26 gross terminal revenue from each such licensed
27 facility shall be deposited into a restricted account
28 established in the Department of Community and
29 Economic Development to be used exclusively for
30 grants to the county, to economic development
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1 authorities or redevelopment authorities within the
2 county for grants for economic development projects,
3 community improvement projects, job training, other
4 projects in the public interest and reasonable
5 administrative costs. Notwithstanding the Capital
6 Facilities Debt Enabling Act, grants made under this
7 clause may be utilized as local matching funds for
8 other grants or loans from the Commonwealth.
9 (F) Counties of the fifth class: 2% of the
10 gross terminal revenue from each such licensed
11 facility shall be deposited and distributed as
12 follows:
13 (I) One percent shall be deposited into a
14 restricted receipts account in the Department of
15 Community and Economic Development to be used
16 exclusively for grants within the county for
17 economic development projects, community
18 improvement projects and other projects in the
19 public interest within the county. The amount
20 under this subclause includes reasonable
21 administrative costs.
22 (II) One percent shall be deposited into a
23 restricted receipts account in the Department of
24 Community and Economic Development to be used
25 exclusively for grants within contiguous counties
26 for economic development projects, community
27 improvement projects and other projects in the
28 public interest within contiguous counties. The
29 amount under this subclause includes reasonable
30 administrative costs.
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1 (III) Fifty percent of any revenue required
2 to be transferred under paragraph (3)(v) shall be
3 deposited into the restricted receipts account
4 established under subclause (I), and 50% shall be
5 deposited into the restricted receipt account
6 established under subclause (II). Notwithstanding
7 the Capital Facilities Debt Enabling Act, grants
8 made under this clause may be utilized as local
9 matching funds for other grants or loans from the
10 Commonwealth.
11 (G) Any county not specifically enumerated in
12 clauses (A) through (F), 2% of the gross terminal
13 revenue to the county hosting the licensed facility
14 from each such licensed facility.
15 (iv) If the facility is a Category 3 licensed
16 facility, 2% of the gross terminal revenue from each such
17 licensed facility shall be deposited into a restricted
18 account established in the Department of Community and
19 Economic Development to be used exclusively for grants to
20 the county, to economic development authorities or
21 redevelopment authorities within the county for grants
22 for economic development projects and community
23 improvement projects.
24 (v) Unless otherwise specified, for the purposes of
25 this paragraph money designated for municipal grants
26 within a county, other than a county of the first class,
27 in which a licensed facility is located shall be used to
28 fund grants to the municipality in which the licensed
29 facility is located, to the county in which the licensed
30 facility is located and to the municipalities which are
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1 contiguous to the municipality in which the licensed
2 facility is located and which are located within the
3 county in which the licensed facility is located. Grants
4 shall be administered by the county through its economic
5 development or redevelopment authority in which the
6 licensed facility is located. Grants shall be used to
7 fund the costs of human services, infrastructure
8 improvements, facilities, emergency services, health and
9 public safety expenses associated with licensed facility
10 operations. If at the end of a fiscal year uncommitted
11 funds exist, the county shall pay to the economic
12 development or redevelopment authority of the county in
13 which the licensed facility is located the uncommitted
14 funds.
15 (vi) If the licensed facility is located in more
16 than one county, the amount available shall be
17 distributed on a pro rata basis determined by the
18 percentage of acreage located in each county to the total
19 acreage of all counties occupied by the licensed
20 facility.
21 (vii) The distributions provided in this paragraph
22 shall be based upon county classifications in effect on
23 the effective date of this section. Any reclassification
24 of counties as a result of a Federal decennial census or
25 of a State statute shall not apply to this subparagraph.
26 (viii) If any provision of this paragraph is found
27 to be unenforceable for any reason, the distribution
28 provided for in the unenforceable provision shall be made
29 to the county in which the licensed facility is located
30 for the purposes of grants to municipalities in that
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1 county, including municipal grants as specified in
2 subparagraph (v).
3 (ix) Nothing in this paragraph shall prevent any of
4 the above counties which directly receive a distribution
5 under this section from entering into intergovernmental
6 cooperative agreements with other jurisdictions for
7 sharing this money.
8 (3) From the local share assessment established in
9 subsection (b), make quarterly distributions among the
10 municipalities, including home rule municipalities, hosting a
11 licensed facility in accordance with the following schedule:
12 (i) To a city of the second class hosting a licensed
13 facility, other than a Category 3 licensed facility, 2%
14 of the gross terminal revenue or $10,000,000 annually,
15 whichever is greater, shall be paid by each licensed
16 gaming entity operating a facility located in that city.
17 In the event that the revenues generated by the 2% do not
18 meet the $10,000,000 minimum specified in this
19 subparagraph, the department shall collect the remainder
20 of the minimum amount of $10,000,000 from each licensed
21 gaming entity operating a facility in the city and
22 deposit that amount in the city treasury.
23 (ii) To a city of the second class A hosting a
24 licensed facility, other than a Category 3 licensed
25 facility, 2% of the gross terminal revenue or $10,000,000
26 annually, whichever is greater, shall be paid by each
27 licensed entity operating a licensed facility located in
28 that city, subject, however, to the budgetary limitation
29 in this subparagraph. The amount allocated to the
30 designated municipalities shall not exceed 50% of their
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1 total budget for fiscal year 2003-2004, adjusted for
2 inflation in subsequent years by an amount not to exceed
3 an annual cost-of-living adjustment calculated by
4 applying the percentage change in the Consumer Price
5 Index immediately prior to the date the adjustment is due
6 to take effect. Any remaining moneys shall be collected
7 by the department from each licensed gaming entity and
8 distributed in accordance with paragraph (2) based upon
9 the classification of county where the licensed facility
10 is located. In the event that the revenues generated by
11 the 2% do not meet the $10,000,000 minimum specified in
12 this subparagraph, the department shall collect the
13 remainder of the minimum amount of $10,000,000 from each
14 licensed gaming entity operating a facility in the city,
15 pay any balance due to the city and transfer any
16 remainder in accordance with paragraph (2).
17 (iii) To a city of the third class hosting a
18 licensed facility, other than a Category 3 licensed
19 facility, 2% of the gross terminal revenue or $10,000,000
20 annually, whichever is greater, shall be paid by each
21 licensed gaming entity operating a licensed facility
22 located in that city, subject, however, to the budgetary
23 limitation in this subparagraph. In the event that the
24 city has a written agreement with a licensed gaming
25 entity executed prior to the effective date of this part,
26 the amount paid under the agreement to the city shall be
27 applied and credited to the difference between 2% of the
28 gross terminal revenue and the $10,000,000 owed under
29 this subparagraph if the 2% of the gross terminal revenue
30 is less than $10,000,000. If 2% of the gross terminal
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1 revenue is greater than the $10,000,000 required to be
2 paid under this subparagraph, the credit shall not apply.
3 The amount of gross terminal revenue required to be paid
4 pursuant to the agreement shall be deemed to be gross
5 terminal revenue for purposes of this subparagraph. The
6 amount allocated to the designated municipalities shall
7 not exceed 50% of their total budget for fiscal year
8 2003-2004, adjusted for inflation in subsequent years by
9 an amount not to exceed an annual cost-of-living
10 adjustment calculated by applying the percentage change
11 in the Consumer Price Index immediately prior to the date
12 the adjustment is due to take effect. Any remaining
13 moneys shall be collected by the department from each
14 licensed gaming entity and distributed in accordance with
15 paragraph (2) based upon the classification of county
16 where the licensed facility is located. In the event that
17 the revenues generated by the 2% do not meet the
18 $10,000,000 minimum specified in this subparagraph, the
19 department shall collect the remainder of the minimum
20 amount of $10,000,000 from each licensed gaming entity
21 operating a facility, pay any balance due to the city of
22 the third class and transfer any remainder in accordance
23 with paragraph (2).
24 (iii.1) If a licensed facility is located in a city
25 of the third class and the city is located in more than
26 one county of the third class, 2% of the gross terminal
27 revenue or $10,000,000 annually, whichever is greater,
28 shall be distributed as follows: 80% to the host city
29 and 20% to the city of the third class located solely in
30 a nonhost county in which the host city of the third
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1 class is also located. If a licensed facility is located
2 in a city of the third class and that city is located
3 solely in a host county of the third class in which a
4 nonhost city of the third class is also located, 2% of
5 gross terminal revenue or $10,000,000 annually, whichever
6 is greater, shall be distributed as follows: 80% to the
7 host city and 20% to a city of the third class located
8 both in a nonhost county of the third class and in a host
9 county of the third class in which the host city of the
10 third class is located.
11 (iv) To a township of the first class hosting a
12 licensed facility, other than a Category 3 licensed
13 facility, 2% of the gross terminal revenue or $10,000,000
14 annually, whichever is greater, shall be paid by each
15 licensed gaming entity operating a licensed facility
16 located in the township subject, however, to the
17 budgetary limitation in this subparagraph. The amount
18 allocated to the designated municipalities shall not
19 exceed 50% of their total budget for fiscal year 2003-
20 2004, adjusted for inflation in subsequent years by an
21 amount not to exceed an annual cost-of-living adjustment
22 calculated by applying the percentage change in the
23 Consumer Price Index immediately prior to the date the
24 adjustment is due to take effect. Any remaining money
25 shall be collected by the department from each licensed
26 gaming entity and distributed in accordance with
27 paragraph (2) based upon the classification of county
28 where the licensed facility is located. In the event that
29 the revenues generated by the 2% do not meet the
30 $10,000,000 minimum specified in this subparagraph, the
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1 department shall collect the remainder of the minimum
2 amount of $10,000,000 from each licensed gaming entity
3 operating a licensed facility in the township, pay any
4 balance due to the township and transfer any remainder in
5 accordance with paragraph (2).
6 (v) To a township of the second class hosting a
7 licensed facility, other than a Category 3 licensed
8 facility, 2% of the gross terminal revenue or $10,000,000
9 annually, whichever is greater, shall be paid by each
10 licensed gaming entity operating a licensed facility
11 located in the township, subject, however, to the
12 budgetary limitation in this subparagraph. The amount
13 allocated to the designated municipalities shall not
14 exceed 50% of their total budget for fiscal year 2003-
15 2004, adjusted for inflation in subsequent years by an
16 amount not to exceed an annual cost-of-living adjustment
17 calculated by applying the percentage change in the
18 Consumer Price Index immediately prior to the date the
19 adjustment is due to take effect. Any remaining money
20 shall be collected by the department from each licensed
21 gaming entity and distributed in accordance with
22 paragraph (2) based upon the classification of county
23 where the licensed facility is located. Where the
24 licensed facility is other than a Category 3 and is
25 located in more than one second class township, the
26 county commissioners of the county of the third class in
27 which the facility is located shall appoint an advisory
28 committee for the purpose of advising the county as to
29 the need for municipal grants for health, safety,
30 transportation and other projects in the public interest
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1 to be comprised of two individuals from the host
2 municipality, two from contiguous municipalities within
3 the county of the third class and one from the host
4 county. A county other than a county of the third class
5 in which the licensed facility is located is not required
6 to appoint an advisory committee and may use funds
7 received under this subparagraph for purposes other than
8 municipal grants. In the event that the revenues
9 generated by the 2% do not meet the $10,000,000 minimum
10 specified in this subparagraph, the department shall
11 collect the remainder of the minimum amount of
12 $10,000,000 from each licensed gaming entity operating a
13 licensed facility in the township, pay any balance due to
14 the township and transfer any remainder in accordance
15 with paragraph (2).
16 (vi) To a borough hosting a licensed facility, other
17 than a Category 3 licensed facility, 2% of the gross
18 terminal revenue or $10,000,000 annually, whichever is
19 greater, shall be paid by each licensed gaming entity
20 operating a licensed facility located in that borough,
21 subject, however, to the budgetary limitation in this
22 subparagraph. The amount allocated to the designated
23 municipalities shall not exceed 50% of their total budget
24 for fiscal year 2003-2004, adjusted for inflation in
25 subsequent years by an amount not to exceed an annual
26 cost-of-living adjustment calculated by applying the
27 percentage change in the Consumer Price Index immediately
28 prior to the date the adjustment is due to take effect.
29 Any remaining money shall be collected by the department
30 from each licensed gaming entity and distributed in
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1 accordance with paragraph (2) based upon the
2 classification of county where the licensed facility is
3 located. In the event that the revenues generated by the
4 2% do not meet the $10,000,000 minimum specified in this
5 subparagraph, the department shall collect the remainder
6 of the minimum amount of $10,000,000 from each licensed
7 gaming entity operating a licensed facility in the
8 borough, pay any balance due to the borough and transfer
9 any remainder in accordance with paragraph (2).
10 (vii) To an incorporated town hosting a licensed
11 facility, other than a Category 3 licensed facility, 2%
12 of the gross terminal revenue or $10,000,000 annually,
13 whichever is greater, shall be paid by each licensed
14 entity operating a licensed facility located in the town,
15 subject, however, to the budgetary limitation in this
16 subparagraph. The amount allocated to the designated
17 municipalities shall not exceed 50% of their total budget
18 for fiscal year 2003-2004, adjusted for inflation in
19 subsequent years by an amount not to exceed an annual
20 cost-of-living adjustment calculated by applying the
21 percentage change in the Consumer Price Index immediately
22 prior to the date the adjustment is due to take effect.
23 Any remaining money shall be collected by the department
24 from each licensed gaming entity and distributed in
25 accordance with paragraph (2) based upon the
26 classification of county where the licensed facility is
27 located. In the event that the revenues generated by the
28 2% do not meet the $10,000,000 minimum specified in this
29 subparagraph, the department shall collect the remainder
30 of the minimum amount of $10,000,000 from each licensed
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1 gaming entity operating a licensed facility in the
2 incorporated town, pay any balance due to the town and
3 transfer any remainder in accordance with paragraph (2).
4 (viii) To a municipality of any class hosting a
5 Category 3 facility, 2% of the gross terminal revenue
6 from the Category 3 licensed facility located in the
7 municipality, subject, however, to the budgetary
8 limitation in this subparagraph. The amount allocated to
9 the designated municipalities shall not exceed 50% of
10 their total budget for fiscal year 2003-2004, adjusted
11 for inflation in subsequent years by an amount not to
12 exceed an annual cost-of-living adjustment calculated by
13 applying the percentage change in the Consumer Price
14 Index immediately prior to the date the adjustment is due
15 to take effect. Any remaining money shall be collected by
16 the department from each licensed gaming entity and
17 distributed in accordance with paragraph (2) based upon
18 the classification of county where the licensed facility
19 is located.
20 (ix) Any municipality not specifically enumerated
21 in subparagraphs (i) through (viii), 2% of the gross
22 terminal revenue to the municipality hosting the licensed
23 facility from each such licensed facility.
24 (x) If the licensed facility is located in more than
25 one municipality, the amount available shall be
26 distributed on a pro rata basis determined by the
27 percentage of acreage located in each municipality to the
28 total acreage of all municipalities occupied by the
29 licensed facility.
30 (xi) If the licensed facility is located at a resort
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1 which is also an incorporated municipality, such
2 municipality shall not be eligible to receive any
3 distribution under this paragraph. The distribution it
4 would have otherwise been entitled to under this
5 paragraph shall instead be distributed in accordance with
6 paragraph (2) based upon the county where the licensed
7 facility is located.
8 (xii) The distributions provided in this paragraph
9 shall be based upon municipal classifications in effect
10 on the effective date of this section. For the purposes
11 of this paragraph, any reclassification of municipalities
12 as a result of a Federal decennial census or of a State
13 statute shall not apply to this paragraph.
14 (xiii) If any provision of this paragraph is found
15 to be unenforceable for any reason, the distribution
16 provided for in such unenforceable provision shall be
17 made to the municipality in which the licensed facility
18 is located.
19 (xiv) Nothing in this paragraph shall prevent any of
20 the above municipalities from entering into
21 intergovernmental cooperative agreements with other
22 jurisdictions for sharing this money.
23 (xv) Notwithstanding any other law, agreement or
24 provision in this part to the contrary, all revenues
25 provided, directed or earmarked under this section to or
26 for the benefit of a city of the second class in which an
27 intergovernmental cooperation authority has been
28 established and is in existence pursuant to the act of
29 February 12, 2004 (P.L.73, No.11), known as the
30 Intergovernmental Cooperation Authority Act for Cities of
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1 the Second Class, shall be directed to and under the
2 exclusive control of such intergovernmental cooperation
3 authority to be used:
4 (A) to reduce the debt of the second class city;
5 (B) to increase the level of funding of the
6 municipal pension funds of the second class city; or
7 (C) for any other purposes as determined to be
8 in the best interest of the second class city by such
9 intergovernmental cooperation authority. Such
10 revenues shall not be directed to or under the
11 control of such city of the second class or any
12 coordinator appointed pursuant to the act of July 10,
13 1987 (P.L.246, No.47), known as the Municipalities
14 Financial Recovery Act, for such city of the second
15 class.
16 (d) Consumer Price Index.--For purposes of subsection (c),
17 references to the Consumer Price Index shall mean the Consumer
18 Price Index for All Urban Consumers for the Pennsylvania, New
19 Jersey, Delaware and Maryland area for the most recent 12-month
20 period for which figures have been officially reported by the
21 United States Department of Labor, Bureau of Labor Statistics.
22 (e) Priority transfer for preservation of funding level for
23 State Lottery Fund.--
24 (1) Prior to making any transfer or distribution under
25 this section or section 1408 (relating to transfers from
26 State Gaming Fund), the department shall annually determine
27 the balance in the State Lottery Fund after payment, under
28 section 311 of the act of August 26, 1971 (P.L.351, No.91),
29 known as the State Lottery Law, of lottery prizes and
30 operating expenses of the department relating thereto for the
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1 prior fiscal year and shall make the transfer under paragraph
2 (2), if applicable.
3 (2) If such balance is less than the balance from the
4 prior fiscal year determined in the same manner, the
5 department shall transfer an amount equal to the difference
6 between the balances from the State Gaming Fund to the State
7 Lottery Fund.
8 Section 2. Section 1408(e) of Title 4 is amended to read:
9 § 1408. Transfers from State Gaming Fund.
10 * * *
11 (e) Transfer to Property Tax Relief Fund.--[Monthly]
12 Annually, the State Treasurer shall transfer the remaining
13 balance in the State Gaming Fund which is not otherwise
14 transferred under section 1403(e) (relating to establishment of
15 State Gaming Fund and net slot machine revenue distribution) and
16 allocated in subsections (a), (b), (c) and (d) to the Property
17 Tax Relief Fund established in section 1409 (relating to
18 Property Tax Relief Fund).
19 Section 3. This act shall take effect in 60 days.
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