PRINTER'S NO. 1967
No. 1568 Session of 2007
INTRODUCED BY BENNINGHOFF, BEAR, BELFANTI, EVERETT, GOODMAN,
GRELL, HARRIS, HERSHEY, HUTCHINSON, KIRKLAND, MARSHALL,
PEIFER, PYLE, REICHLEY, SCHRODER, SWANGER AND VULAKOVICH,
JUNE 18, 2007
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, JUNE 18, 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 the
4 Pennsylvania Gaming Economic Development and Tourism Fund.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1403(b) of Title 4 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 1403. Establishment of State Gaming Fund and net slot machine
10 revenue distribution.
11 * * *
12 (b) Slot machine tax.--The department shall determine and
13 each slot machine licensee shall pay a daily tax of [34%] 39%
14 from its daily gross terminal revenue from the slot machines in
15 operation at its facility and a local share assessment as
16 provided in subsection (c) into the fund. All funds owed to the
17 Commonwealth or a municipality under this section shall be held
18 in trust by the licensed gaming entity until the funds are paid
1 or transferred and distributed. Unless otherwise agreed to by
2 the Gaming Board, a licensed gaming entity shall establish a
3 separate bank account to maintain gaming proceeds until such
4 time as they are paid or transferred under this section.
5 * * *
6 Section 2. Section 1407 of Title 4 is repealed:
7 [§ 1407. Pennsylvania Gaming Economic Development and Tourism
8 Fund.
9 (a) Fund established.--There is hereby established a
10 Pennsylvania Gaming Economic Development and Tourism Fund within
11 the State Treasury.
12 (b) Fund administration and distribution.--The Pennsylvania
13 Gaming Economic Development and Tourism Fund shall be
14 administered by the Department of Community and Economic
15 Development. All moneys in the Pennsylvania Gaming Economic
16 Development and Tourism Fund shall be distributed pursuant to a
17 subsequently enacted Economic Development Capital Budget that
18 appropriates money from the fund pursuant to this section. The
19 procedures for enactment, authorization and release of economic
20 development and tourism funds authorized under this section for
21 both capital projects and operational expenditures shall be the
22 same as those provided for in sections 303(a), (b) and (c) and
23 318(a) of the act of February 9, 1999 (P.L.1, No.1), known as
24 the Capital Facilities Debt Enabling Act, without reference to
25 the nature or purpose of the project, and any other statutory
26 provision, if any, necessary to effectuate the release of funds
27 appropriated in such economic development capital budget.
28 (c) Pennsylvania Gaming Economic Development and Tourism
29 Fund Assessment.--Each licensed gaming entity shall pay a daily
30 assessment of 5% of its gross terminal revenue to the
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1 Pennsylvania Gaming Economic Development and Tourism Fund.
2 (d) Restrictions on projects for certain counties and
3 cities.--For a ten-year period beginning with the first fiscal
4 year during which deposits are made into this fund, no moneys
5 from the Pennsylvania Gaming Economic Development and Tourism
6 Fund shall be distributed for any project located in a city or
7 county of the first or second class except as authorized by this
8 subsection. Moneys not used for the authorized projects in
9 cities and counties of the first and second classes may be used
10 throughout this Commonwealth. Moneys from the fund for projects
11 within cities and counties of the first and second classes may
12 only be used for the following projects during this ten-year
13 period:
14 (1) for reimbursement to a city of the first class for
15 debt service made by such city to the extent that such
16 payments have been made for the expansion of the Pennsylvania
17 Convention Center;
18 (2) for distribution to the General Fund to the extent
19 that the Commonwealth has made debt service payments for the
20 expansion of the Pennsylvania Convention Center;
21 (3) for reimbursement to a city of the first class for
22 payments made by such city for the operation expenses of the
23 Pennsylvania Convention Center during the prior calendar
24 year;
25 (4) for debt service and for development and economic
26 development projects for an international airport located in
27 a county of the second class;
28 (5) for distribution to a community infrastructure
29 development fund of a county of the second class to fund
30 construction, development, improvement and maintenance of
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1 infrastructure projects;
2 (6) for the retirement of the indebtedness of an urban
3 redevelopment authority created pursuant to the act of May
4 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment
5 Law, in a city of the second class which is financed in part
6 with the utilization of funds transferred to the regional
7 asset district pursuant to Article XXXI-B of the act of July
8 28, 1953 (P.L.723, No.230), known as the Second Class County
9 Code;
10 (7) for retirement of indebtedness and for financing of
11 a hotel or convention center in a city of the second class
12 established pursuant to the authority of the act of July 29,
13 1953 (P.L.1034, No.270), known as the Public Auditorium
14 Authorities Law;
15 (8) for retirement of indebtedness of a county of the
16 second class development fund created pursuant to the
17 authority of Article XXXI-B of the Second Class County Code
18 and the Urban Redevelopment Law;
19 (9) for retirement of indebtedness of a convention
20 center in a city of the second class established pursuant to
21 the authority of the Public Auditorium Authorities Law;
22 (10) for payment of the operating deficit for the
23 operation of a convention center in a city of the second
24 class established pursuant to the Public Auditorium
25 Authorities Law.]
26 Section 3. This act shall take effect in 60 days.
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