PRINTER'S NO. 3490

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2682 Session of 1994


        INTRODUCED BY KAISER, TRELLO, CESSAR, BURNS, FARMER, LAUGHLIN,
           LEVDANSKY, KUKOVICH, TANGRETTI, MERRY, PISTELLA, FAJT,
           COLAIZZO, STISH, PETTIT, TRICH, GIGLIOTTI, VAN HORNE,
           MICHLOVIC, MAYERNIK, PRESTON, ROBINSON, PESCI, MIHALICH,
           D. R. WRIGHT, FEE, COLAFELLA, LESCOVITZ, DALEY, KASUNIC,
           PETRONE, COWELL AND LUCYK, APRIL 11, 1994

        REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,
           APRIL 11, 1994

                                     AN ACT

     1  Amending the act of July 28, 1953 (P.L.723, No.230), entitled,
     2     as amended, "An act relating to counties of the second class
     3     and second class A; amending, revising, consolidating and
     4     changing the laws relating thereto," further providing for
     5     hotel room rental and for appropriations to tourist
     6     promotion.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Sections 1970.2(b.1) and 2199.14(a)(4) of the act
    10  of July 28, 1953 (P.L.723, No.230), known as the Second Class
    11  County Code, amended December 17, 1990 (P.L.728, No.182), are
    12  amended to read:
    13     Section 1970.2.  Hotel Room Rental.--* * *
    14     (b.1)  The treasurer of each county of the second class
    15  electing to impose the tax authorized under this section is
    16  hereby directed to collect the tax and to deposit the revenues
    17  received from the tax in a special fund. The revenues shall be


     1  distributed by the county commissioners as follows:
     2         (1)  Two-fifths (2/5) of all revenues received by the
     3     county from the excise tax shall be distributed to a tourist
     4     promotion agency pursuant to section 2199.14.
     5         (1.1)  Three per centum (3%) of all revenues received by
     6     the county from the excise tax shall be distributed to the
     7     tourist promotion agency described in clause (1), and these
     8     revenues shall be exclusively allocated to a local film
     9     promotion office which has received designation by the
    10     Federal Government as a nonprofit organization under section
    11     501(c)(3) of the Internal Revenue Code of 1986 (Public Law
    12     99-514, 26 U.S.C. § 501) on or before January 1, 1991.
    13         (2)  One-third (1/3) of the five per centum (5%) excise
    14     tax collected by hotels within a municipality wherein a
    15     convention center or exhibition hall is located (less the
    16     cost of collecting the tax) shall, at the request of such
    17     municipality, be returned to that municipality wherein such
    18     convention center or exhibition hall is located, for deposit
    19     in that municipality's special fund established solely for
    20     purposes of paying for promotional programs implemented by a
    21     nonprofit organization which are designed to stimulate and
    22     increase the volume of conventions and visitors within the
    23     municipality: Provided, however, That an audited report on
    24     the income and expenditures incurred by the municipality
    25     receiving funds from the excise tax on hotel room rentals
    26     shall be made annually to the board of county commissioners;
    27     And provided further, That the members of the board of
    28     directors or other governing body of the nonprofit
    29     organization utilized by the municipality to provide the
    30     aforementioned promotional programs be appointed by the
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     1     governing body of the municipality.
     2         (3)  All remaining revenues from the five per centum (5%)
     3     excise tax received by the county, less a five per centum
     4     (5%) fee for collecting the tax, shall be used for
     5     operational and maintenance expenditures of the convention
     6     center or exhibition hall as provided in subsection (d) and
     7     for regional tourist promotion activities.
     8     * * *
     9     Section 2199.14.  Appropriations to Tourist Promotion
    10  Agencies.--(a)  * * *
    11         (4)  The county controller of a county of the second
    12     class may conduct audits of the funds used by a recognized
    13     tourist promotion agency and the local film office received
    14     from the excise tax levied on hotel room rentals.
    15     * * *
    16     Section 2.  This act shall take effect immediately.










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