THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY EARLL, SCARNATI, VANCE, M. WHITE, BROWNE, PICCOLA, ERICKSON, D. WHITE, ROBBINS, ORIE, WAUGH, WONDERLING, RAFFERTY AND BOSCOLA, FEBRUARY 18, 2009

REFERRED TO COMMUNITY, FEBRUARY 18, 2009  

AN ACT

Amending the act of July 25, 2007 (P.L.342, No.53), entitled "An

act providing for the Pennsylvania Gaming Economic

Development and Tourism Fund Capital Budget for 2007;

itemizing projects to be assisted by the Department of

Community and Economic Development, together with their

estimated financial costs; authorizing recurring payments for

certain projects; and making appropriations," further

providing for limitation on expenditures.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5 of the act of July 25, 2007 (P.L.342,

No.53), known as the Pennsylvania Gaming Economic Development

and Tourism Fund Capital Budget Itemization Act of 2007, is

amended to read:

Section 5.  Limitation on expenditures.

(a)  General rule.--Beginning in fiscal year 2007-2008, it

shall be mandatory, not directory, that payments made pursuant

to section 4(1), (2), (3), (5), (6), (7) and (8) shall be made

each year from the Pennsylvania Gaming Economic Development and

Tourism Fund by the Department of Community and Economic

Development. In such years that it is determined for any reason

that there are not sufficient funds to make these mandatory

payments, each mandatory payment shall be proportionately

reduced in an amount equal to the shortfall in the Pennsylvania 

Gaming Economic Development and Tourism Fund. Total expenditures

under this act for the projects referred to in section 4 shall

not exceed the total amount authorized for each project in

section 3.

(b)  Contingent distribution for projects in cities of the

first class.--Notwithstanding the provisions of 4 Pa.C.S. §

1407(b) (relating to Pennsylvania Gaming Economic Development

and Tourism Fund), the act of July 9, 2008 (P.L.908, No.63),

known as the H20 PA Act, or this act, no moneys shall be

distributed from the Pennsylvania Gaming Economic Development

and Tourism Fund for any project under section 3(51)(i)(A) of

this act until such time as the two Category 2 licensed

facilities within a city of the first class as provided for

under 4 Pa.C.S. § 1304(b)(1)(relating to Category 2 slot machine

license) are operating and generating gross terminal revenues as

certified by the Secretary of Revenue to the State Treasurer.

Section 2.  This act shall take effect immediately.