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HOUSE AMENDED
PRIOR PRINTER'S NOS. 912, 945
PRINTER'S NO. 1083
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
733
Session of
2019
INTRODUCED BY BROWNE, BOSCOLA AND SCAVELLO, JUNE 7, 2019
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 26, 2019
AN ACT
Providing for the Pennsylvania Gaming Economic Development and
Tourism Fund Capital Budget for 2019; 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.; PROVIDING FOR REPORTS RELATING TO
PROJECTS AUTHORIZED FROM THE PENNSYLVANIA GAMING ECONOMIC
DEVELOPMENT AND TOURISM FUND THROUGH CAPITAL BUDGET
ITEMIZATION ACTS FOR YEARS PRIOR TO 2019; AND MAKING A
CONFORMING AMENDMENT TO TITLE 4 (AMUSEMENTS) OF THE
PENNSYLVANIA CONSOLIDATED STATUTES, IN GAMING REVENUES,
FURTHER PROVIDING FOR THE PENNSYLVANIA GAMING ECONOMIC
DEVELOPMENT AND TOURISM FUND.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 1 101. Short title.
This act shall be known and may be cited as the Pennsylvania
Gaming Economic Development and Tourism Fund Capital Budget
Itemization Act of 2019.
SECTION 102. DECLARATION OF POLICY.
THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
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(1) THE PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND
TOURISM FUND IS ESSENTIAL TO THE FINANCIAL VIABILITY OF THE
COMMONWEALTH AND ITS POLITICAL SUBDIVISIONS.
(2) CHAPTER 3 AUTHORIZES PROJECT GRANTS FROM THE FUND.
(3) IT IS NECESSARY TO MAKE A CONFORMING AMENDMENT TO
TITLE 4 (AMUSEMENTS) OF THE PENNSYLVANIA CONSOLIDATED
STATUTES TO PROPERLY ADMINISTER PROJECT GRANTS FROM THE FUND.
CHAPTER 3
AUTHORIZED PROJECT GRANTS
Section 2 301. Authorizations from Pennsylvania Gaming Economic
Development and Tourism Fund.
Grants for projects, including capital, debt and operational
expenses itemized in section 3 302 from the current revenues of
the Pennsylvania Gaming Economic Development and Tourism Fund by
the Department of Community and Economic Development, or its
successors or assigns, are hereby authorized pursuant to 4
Pa.C.S. § 1407 (relating to Pennsylvania Gaming Economic
Development and Tourism Fund) as specified in this act CHAPTER.
The total amount authorized to be financed under this act
CHAPTER from the revenues of the Pennsylvania Gaming Economic
Development and Tourism Fund shall be $20,000,000.
Section 3 302. Itemization of Pennsylvania Gaming Economic
Development and Tourism Fund projects.
The projects to be financed from the current revenues of the
Pennsylvania Gaming Economic Development and Tourism Fund are
hereby itemized, together with their respective project
allocations, as follows:
Project
Project
Allocation
(1) To a regional economic development
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corporation located in two contiguous counties of
the third class where a city of the third class
is located in both counties of the third class
for debt service on the construction of a science
and education center in either of two contiguous
counties of the third class in which a city of
the third class is located in both counties and
where a Category 2 licensed facility is located
in a city of the third class which is located in
more than one county of the third class.
20,000,000
(Base Project Allocation - $20,000,000)
(2) (Reserved).
Section 4 303. Duration of payments.
Notwithstanding any other provisions of law:
(1) The amount allocated to the project described in
section 3(1) 302(1) shall be paid in annual amounts of not
less than $2,000,000 for 10 years, subject to section 5 304.
(2) (Reserved).
Section 5 304. Limitation on expenditures.
(a) General rule.--Beginning in fiscal year 2019-2020, or
the first fiscal year in which the indebtedness described under
section 3 302 is incurred, whichever occurs later, it shall be
mandatory, not directory, that payments pursuant to section 4(1)
303(1) shall be made each year from the Pennsylvania Gaming
Economic Development and Tourism Fund by the Department of
Community and Economic Development.
(b) Proportionate reduction.--In any year that the
Department of Community and Economic Development determines for
any reason that there are not sufficient funds to make the
mandatory payment, the amount of the mandatory payment shall be
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proportionately reduced in an amount equal to the shortfall in
the Pennsylvania Gaming Economic Development and Tourism Fund.
(c) Total expenditures.--Total expenditures under this act
CHAPTER for the projects referred to in section 4 303 shall not
exceed the total amount authorized for each project in section 3
302.
Section 6 305. Limitation on use of allocation.
No more than one-tenth of 1% of the amount of a grant
allocated under section 3 302 may be used for administrative
costs incurred by the regional economic development corporation
described in section 3 302 for which the allocation was
authorized.
Section 7 306. Appropriations.
The sums necessary for the annual amounts itemized in
sections 3 and 4 302 AND 303 are hereby appropriated from the
Pennsylvania Gaming Economic Development and Tourism Fund to the
Department of Community and Economic Development, upon approval
of the Governor, for the projects itemized in this act CHAPTER.
Section 8 307. Report REPORTS AND NOTIFICATION.
The Secretary of the Budget shall, within 10 days of the
expiration of each quarter of each fiscal year, electronically
provide to the chair and minority chair of the Appropriations
Committee of the Senate and the chair and minority chair of the
Appropriations Committee of the House of Representatives ALL
MEMBERS OF THE GENERAL ASSEMBLY a report relating to the
authorized projects described in section 3 302, AND AUTHORIZED
PROJECTS FROM THE PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND
TOURISM FUND THROUGH CAPITAL BUDGET ITEMIZATION ACTS FOR YEARS
PRIOR TO 2019, which includes at least all of the following:
(1) The authorized project PROJECTS approved for release
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in the preceding quarter.
(2) An estimate of the amount of funds remaining
available to be committed for additional projects under 4
Pa.C.S. Pt. II (relating to gaming).
(3) THE AMOUNT OF ENCUMBERED AND UNENCUMBERED FUNDS.
CHAPTER 5
CONFORMING AMENDMENT
SECTION 501. GAMING REVENUES.
SECTION 1407(D.1)(1) AND (D.2) OF TITLE 4 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES ARE AMENDED TO READ:
§ 1407. PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM
FUND.
* * *
(D.1) COMMUNITY AND ECONOMIC DEVELOPMENT.--
(1) NOTWITHSTANDING SUBSECTION (B) OR ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE MONEY AUTHORIZED BUT
NOT EXPENDED UNDER FORMER SUBSECTION (D)(7) AS OF THE
EFFECTIVE DATE OF THIS SUBSECTION SHALL BE DEPOSITED INTO A
RESTRICTED RECEIPTS ACCOUNT TO BE ESTABLISHED IN THE
COMMONWEALTH FINANCING AUTHORITY EXCLUSIVELY FOR ELIGIBLE
APPLICATIONS [SUBMITTED BY THE REDEVELOPMENT AUTHORITY OF A
COUNTY OF THE SECOND CLASS CREATED PURSUANT TO THE ACT OF MAY
24, 1945 (P.L.991, NO.385), KNOWN AS THE URBAN REDEVELOPMENT
LAW,] TO THE COMMONWEALTH FINANCING AUTHORITY FOR ECONOMIC
DEVELOPMENT, INFRASTRUCTURE DEVELOPMENT, JOB TRAINING,
COMMUNITY IMPROVEMENT, PUBLIC SAFETY OR OTHER PROJECTS IN THE
PUBLIC INTEREST LOCATED IN A COUNTY OF THE SECOND CLASS.
COMMUNITY DEVELOPMENT CORPORATIONS, POLITICAL SUBDIVISIONS,
URBAN REDEVELOPMENT AUTHORITIES, MUNICIPAL AUTHORITIES, FOR-
PROFIT ENTITIES AND NONPROFIT ENTITIES LOCATED IN A COUNTY OF
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THE SECOND CLASS SHALL BE ELIGIBLE TO RECEIVE FUNDS MADE
AVAILABLE UNDER THIS PARAGRAPH.
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(D.2) PROJECT EXTENSION.--NOTWITHSTANDING ANY PROVISION OF
THIS TITLE OR 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, THE PROJECTS UNDER
SUBSECTIONS (D)(4) AND (5) AND (D.1) SHALL BE AUTHORIZED BEYOND
THE EXPIRATION DATE OF EACH OF THE PROJECTS SET FORTH IN THE
PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND
CAPITAL BUDGET ITEMIZATION ACT OF 2007. THE FOLLOWING SHALL
APPLY:
(1) ANNUAL ALLOCATIONS FOR PROJECTS UNDER SUBSECTION (D)
(4) AND (5), AND UNDER THE FORMER SUBSECTION (D)(7) [AS OF
THE EFFECTIVE DATE OF SUBSECTION (D.1)] AFTER DECEMBER 31,
2017, SHALL CONTINUE IN ACCORDANCE WITH THE AMOUNTS SET FORTH
IN SECTION 4 OF THE PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT
AND TOURISM FUND CAPITAL BUDGET ITEMIZATION ACT OF 2007[.],
WHICH AUTHORIZED:
(I) ANNUAL ALLOCATIONS OF NOT LESS THAN $3,700,000
FOR PROJECTS UNDER FORMER SUBSECTION (D)(7);
(II) $7,400,000 FOR PROJECTS IN FISCAL YEAR 2018-
2019 UNDER SUBSECTION (D)(5); AND
(III) ANNUAL ALLOCATIONS OF NOT LESS THAN $6,600,000
FOR PROJECTS IN FISCAL YEARS BEGINNING AFTER JUNE 30,
2019, UNDER SUBSECTION (D)(5).
(2) ANNUAL ALLOCATIONS UNDER SUBSECTION (D)(5) AFTER
DECEMBER 31, 2017, SHALL BE DEPOSITED INTO THE RESTRICTED
RECEIPTS ACCOUNT ESTABLISHED UNDER SUBSECTION (D.1) AND USED
FOR PROJECTS AS SET FORTH IN SUBSECTION (D.1)(1).
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* * *
CHAPTER 7
MISCELLANEOUS PROVISIONS
SECTION 701. APPLICABILITY.
(A) ALLOCATIONS.--FOR PURPOSES OF THE AMENDMENT OF 4 PA.C.S.
§ 1407(D.1)(1) AND (D.2), ALLOCATIONS SHALL INCLUDE:
(1) MONEY ACCUMULATED UNDER THIS ACT AFTER JANUARY 1,
2018, WHICH HAS NOT YET BEEN ALLOCATED; AND
(2) MONEY WHICH HAS BEEN ALLOCATED BUT NOT AWARDED
BEFORE APRIL 27, 2019, TO GRANT APPLICANTS.
(B) IMPLEMENTATION.--THE AFFECTED REDEVELOPMENT AUTHORITY
SHALL COORDINATE WITH THE COMMONWEALTH FINANCING AUTHORITY TO:
(1) RETURN MONEY WHICH HAS BEEN ALLOCATED BUT NOT
AWARDED BEFORE APRIL 27, 2019, TO GRANT APPLICANTS; AND
(2) ASSIST IN THE IMPLEMENTATION OF SUBSECTION (A) AND
THE AMENDMENT OF 4 PA.C.S. § 1407(D.1)(1).
Section 9 702. Effective date.
This act shall take effect immediately.
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