PRIOR PRINTER'S NOS. 4552, 4565 PRINTER'S NO. 4688
No. 2962 Session of 2002
INTRODUCED BY BASTIAN, WOJNAROSKI, BENNINGHOFF, STERN, M. BAKER,
J. BAKER, BEBKO-JONES, BELFANTI, BIRMELIN, BROWNE, BUXTON,
CAPPELLI, CLARK, CLYMER, COLEMAN, CORNELL, COY, CREIGHTON,
DALEY, DALLY, EGOLF, J. EVANS, FEESE, FLEAGLE, FLICK,
FORCIER, FREEMAN, GEIST, GEORGE, GODSHALL, GRUCELA, HALUSKA,
HANNA, HARHAI, HARHART, HERMAN, HERSHEY, HORSEY, KELLER,
LYNCH, MAITLAND, MAJOR, MANN, McILHATTAN, McILHINNEY,
METCALFE, R. MILLER, NAILOR, NICKOL, PETRARCA, PHILLIPS,
PICKETT, PIPPY, ROHRER, ROONEY, RUBLEY, SATHER, SCAVELLO,
SCHRODER, SCRIMENTI, SEMMEL, SHANER, S. H. SMITH, SOLOBAY,
STABACK, STEELMAN, SURRA, TANGRETTI, E. Z. TAYLOR, TIGUE,
VANCE, WATSON, WILT, G. WRIGHT, YEWCIC, YOUNGBLOOD, ZUG,
FAIRCHILD, LUCYK, TULLI, MACKERETH, HESS, SAYLOR, LEH,
HARPER, SANTONI, G. ARMSTRONG AND WANSACZ, NOVEMBER 12, 2002
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 25, 2002
AN ACT
1 Amending the act of August 9, 1955 (P.L.323, No.130), entitled,
2 as amended, "An act relating to counties of the first, third,
3 fourth, fifth, sixth, seventh and eighth classes; amending,
4 revising, consolidating and changing the laws relating
5 thereto; relating to imposition of excise taxes by counties,
6 including authorizing imposition of an excise tax on the
7 rental of motor vehicles by counties of the first class; and
8 providing for regional renaissance initiatives," further
9 providing for official records of coroner, FOR THE <--
10 AUTHORIZATION OF THE HOTEL TAX AND FOR THE DEFINITIONS OF
11 "PERMANENT RESIDENT" AND "RECOGNIZED TOURIST PROMOTION
12 AGENCY" RELATING TO THE HOTEL TAX.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 1251 of the act of August 9, 1955
16 (P.L.323, No.130), known as The County Code, is amended to read:
1 Section 1251. Official Records of Coroner.--Every coroner,
2 within thirty (30) days after the end of each year, shall
3 deposit all of his official records and papers for the preceding
4 year in the office of the prothonotary for the inspection of all
5 persons interested therein[.]; provided that the coroner may not <--
6 release any information which tends to or will compromise an
7 ongoing investigation conducted by his office or any Federal,
8 State or local investigative law enforcement agency.; PROVIDED <--
9 THAT THE CORONER MAY REQUEST INFORMATION RELATING TO AN ONGOING
10 CRIMINAL LAW ENFORCEMENT INVESTIGATION OR PROSECUTION BE SEALED
11 UPON GOOD CAUSE SHOWN, PURSUANT TO SECTION 1251.1.
12 Section 2. This act shall be construed to clarify existing <--
13 law, not change it.
14 Section 3. This act shall apply to any information which a
15 coroner may have on and after the effective date of this act and
16 to information which is pending before a court on and after the
17 effective date of this act.
18 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
19 SECTION 1251.1. SEALING INFORMATION.--(A) WHEN THE CORONER
20 FINDS THAT DISCLOSURE OF RECORDS WILL BE PREJUDICIAL TO AN
21 ONGOING CRIMINAL INVESTIGATION, SUCH RECORDS MAY BE SEALED, AS
22 FOLLOWS:
23 (1) UPON MOTION AND HEARING, THE RECORDS RELATING TO THE
24 INVESTIGATION SHALL BE PRESENTED BY THE CORONER TO A JUDGE OF
25 THE COURT OF COMMON PLEAS OR AN APPELLATE COURT JUSTICE OR
26 JUDGE.
27 (2) THE CORONER WILL INCLUDE THE FACTS AND CIRCUMSTANCES
28 WHICH ARE ALLEGED TO ESTABLISH GOOD CAUSE FOR THE SEALING AND
29 THE COURT AT ITS DISCRETION MAY REQUIRE AN IN CAMERA REVIEW OF
30 THE RECORD.
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1 (3) THE JUDGE SEALS THE CORONER'S RECORD THEN THE JUDGE WILL
2 CERTIFY THAT THE COURT WEIGHED THE RIGHT TO PUBLIC DISCLOSURE
3 AGAINST THE THREAT TO AN ONGOING INVESTIGATION AND SHALL STATE
4 THE LENGTH OF TIME THE INFORMATION WILL BE SEALED.
5 (B) THE RECORD WILL BE SEALED FOR A PERIOD OF NOT MORE THAN
6 THIRTY (30) DAYS, UNLESS THE TIME PERIOD IS EXTENDED AS PROVIDED
7 IN SUBSECTION (C).
8 (C) UPON MOTION OF THE CORONER FOR GOOD CAUSE SHOWN, THE
9 JUSTICE OR JUDGE WHO SEALED THE CORONER'S RECORDS MAY EXTEND THE
10 PERIOD OF TIME THAT THE RECORD WILL REMAIN SEALED. IF THE JUDGE
11 IS NOT AVAILABLE, ANOTHER JUSTICE OR JUDGE SHALL BE ASSIGNED TO
12 DECIDE THE MOTION.
13 SECTION 3. SECTION 1770.6(C) AND THE DEFINITIONS OF
14 "PERMANENT RESIDENT" AND "RECOGNIZED TOURIST PROMOTION AGENCY"
15 IN SUBSECTION (F) OF THE ACT, ADDED DECEMBER 22, 2000 (P.L.1019,
16 NO.142), ARE AMENDED TO READ:
17 SECTION 1770.6. AUTHORIZATION OF HOTEL TAX.-- * * *
18 (C) THE TREASURER OF EACH COUNTY ELECTING TO IMPOSE THE TAX
19 AUTHORIZED UNDER THIS SECTION SHALL COLLECT THE TAX AND DEPOSIT
20 THE REVENUES RECEIVED FROM THE TAX IN A SPECIAL FUND ESTABLISHED
21 FOR THAT PURPOSE. SUBSEQUENT TO THE DEDUCTION FOR ADMINISTRATIVE
22 COSTS ESTABLISHED IN SUBSECTION (E), THE COUNTY SHALL DISTRIBUTE
23 TO THE RECOGNIZED TOURIST PROMOTION AGENCY ALL REVENUES RECEIVED
24 FROM THE TAX NOT LATER THAN SIXTY DAYS AFTER RECEIPT OF THE TAX
25 REVENUES. THE REVENUES FROM THE SPECIAL FUND SHALL BE USED BY
26 THE RECOGNIZED TOURIST PROMOTION AGENCY FOR [THE PURPOSES OF
27 TOURISM, CONVENTION PROMOTION AND TOURISM DEVELOPMENT.] ANY OR
28 ALL OF THE FOLLOWING PURPOSES:
29 (1) CONVENTION PROMOTION.
30 (2) TOURISM DEVELOPMENT.
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1 (3) MARKETING THE AREA SERVED BY THE AGENCY AS A LEISURE
2 TRAVEL DESTINATION.
3 (4) MARKETING THE AREA SERVED BY THE AGENCY AS A BUSINESS
4 TRAVEL DESTINATION.
5 (5) USING ALL APPROPRIATE MARKETING TOOLS TO ACCOMPLISH
6 THESE PURPOSES, INCLUDING, BUT NOT LIMITED TO, ADVERTISING,
7 PUBLICITY, PUBLICATIONS, DIRECT MARKETING, DIRECT SALES AND
8 PARTICIPATION IN TRAVEL TRADE SHOWS.
9 * * *
10 (F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
11 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
12 SUBSECTION:
13 * * *
14 "PERMANENT RESIDENT." A PERSON WHO HAS OCCUPIED OR HAS THE
15 RIGHT TO OCCUPANCY OF A ROOM OR ROOMS IN A HOTEL AS A PATRON OR
16 OTHERWISE FOR A PERIOD EXCEEDING [SIXTY] THIRTY CONSECUTIVE
17 DAYS.
18 * * *
19 "RECOGNIZED TOURIST PROMOTION AGENCY." THE NONPROFIT
20 CORPORATION, ORGANIZATION, ASSOCIATION OR AGENCY DESIGNATED TO
21 BE SUCH BY THE BOARD OF COMMISSIONERS AS OF JANUARY 1, 2002, OR
22 WHICH SUCCEEDS SUCH NONPROFIT CORPORATION, ORGANIZATION,
23 ASSOCIATION OR AGENCY WHICH WAS DECERTIFIED BY REASON OF
24 MALFEASANCE OR FRAUD, WHICH IS ENGAGED IN PLANNING AND PROMOTING
25 PROGRAMS DESIGNED TO STIMULATE AND INCREASE THE VOLUME OF
26 TOURIST, VISITOR AND VACATION BUSINESS WITHIN COUNTIES SERVED BY
27 THE AGENCY AS THAT TERM IS DEFINED IN THE ACT OF APRIL 28, 1961
28 (P.L.111, NO.50), KNOWN AS THE "TOURIST PROMOTION LAW."
29 * * *
30 Section 4. This act shall take effect immediately.
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