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                                                      PRINTER'S NO. 2055

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1631 Session of 2007


        INTRODUCED BY D. EVANS, JUNE 23, 2007

        REFERRED TO COMMITTEE ON APPROPRIATIONS, JUNE 23, 2007

                                     AN ACT

     1  Providing for the Pennsylvania Gaming Economic Development and
     2     Tourism Fund Capital Budget for 2007-2008; itemizing projects
     3     to be assisted by the Department of Community and Economic
     4     Development, together with their estimated financial costs;
     5     authorizing recurring payments for certain projects; and
     6     making appropriations.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9  Section 1.  Short title.
    10     This act shall be known and may be cited as the Pennsylvania
    11  Gaming Economic Development and Tourism Fund Capital Budget
    12  Itemization Act for 2007-2008.
    13  Section 2.  Total authorizations from Pennsylvania Gaming
    14                 Economic Development and Tourism Fund.
    15     The total authorization for the projects itemized in section
    16  3 for grants by the Department of Community and Economic
    17  Development, its successors or assigns, and to be financed from
    18  the revenues of the Pennsylvania Gaming Economic Development and
    19  Tourism Fund shall be $498,240,000.


     1  Section 3.  Itemization of Pennsylvania Gaming Economic
     2                 Development and Tourism Fund projects.
     3     Projects for grants by the Department of Community and
     4  Economic Development, its successors or assigns, to be financed
     5  by the incurring of debt or revenues of the Pennsylvania Gaming
     6  Economic Development and Tourism Fund are hereby itemized,
     7  together with their respective estimated costs, as follows:
     8                                                          Project
     9             Project                                    Allocation
    10  (2)  Allegheny County
    11     (i)  County projects
    12         (A)  Retirement of the indebtedness of an
    13             urban redevelopment authority in a city
    14             of the second class which is financed,
    15             in part, with the utilization of funds
    16             transferred to the regional asset
    17             district pursuant to Article XXXI-B of
    18             the act of July 28, 1953 (P.L.723,
    19             No.230), known as the Second Class
    20             County Code                                65,740,000
    21             (Base Project Allocation - $65,740,000)
    22         (B)  Retirement of indebtedness of a
    23             convention center in a city of the
    24             second class established pursuant to
    25             the authority of the act of July 29,
    26             1953 (P.L.1034, No.270), known as the
    27             Public Auditorium Authorities Law          20,000,000
    28             (Base Project Allocation - $20,000,000)
    29         (C)  Payment of the operating deficit for
    30             the operation of a convention center in
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     1             a city of the second class established
     2             pursuant to the Public Auditorium
     3             Authorities Law                            20,000,000
     4             (Base Project Allocation - $20,000,000)
     5         (D)  Payments related to the construction
     6             of a facility designated for use by a
     7             professional hockey franchise,
     8             including $500,000 to a nonprofit
     9             community development fund to fund
    10             infrastructure, construction and
    11             redevelopment projects                      8,000,000
    12             (Base Project Allocation - $8,000,000)
    13         (E)  Debt service and development and
    14             economic development projects for an
    15             international airport located in a
    16             county of the second class                150,000,000
    17             (Base Project Allocation -
    18             $150,000,000)
    19         (F)  Distribution to a community
    20             infrastructure development fund of a
    21             county of the second class to fund
    22             construction, development, improvement
    23             and maintenance of infrastructure
    24             projects                                   80,000,000
    25             (Base Project Allocation - $80,000,000)
    26         (G)  Retirement of indebtedness and
    27             financing of a hotel or convention
    28             center in a city of the second class
    29             established pursuant to the authority
    30             of the Public Auditorium Authorities
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     1             Law                                        44,000,000
     2             (Base Project Allocation - $44,000,000)
     3         (H)  Retirement of indebtedness of a county
     4             of the second class development fund
     5             created pursuant to the authority of
     6             Article XXXI-B of the Second Class
     7             County Code and the act of May 24, 1945
     8             (P.L.991, No.385), known as the Urban
     9             Redevelopment Law                          30,000,000
    10             (Base Project Allocation - $30,000,000)
    11  (40)  Luzerne County
    12     (i)  County projects
    13         (A)  Payments related to the construction
    14             and development of a cargo airport,
    15             including acquisition, infrastructure
    16             and other related costs                    16,500,000
    17             (Base Project Allocation - $16,500,000)
    18  (51)  Philadelphia County
    19     (i)  County projects
    20         (A)  Reimbursement to the Commonwealth, any
    21             other body corporate and politic
    22             created by law or a city of the first
    23             class to the extent that the
    24             Commonwealth, any other body corporate
    25             and politic created by law or a city of
    26             the first class has made debt service
    27             payments for the Pennsylvania
    28             Convention Center or has made payments
    29             for the operation expenses of the
    30             Pennsylvania Convention Center during
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     1             the prior fiscal year                      64,000,000
     2             (Base Project Allocation - $64,000,000)
     3  Section 4.  Duration of payments.
     4     Notwithstanding any other provisions of law, the following
     5  shall apply to the projects authorized in section 3:
     6         (1)  The amount allocated to the project described in
     7     section 3(2)(i)(A) shall be made through 2014-2015 in annual
     8     amounts, not to exceed $7,782,000 each, pursuant to an
     9     agreement with the Commonwealth specifying the amounts to be
    10     paid each year. The payment for 2014-2015 shall not exceed
    11     $11,736,000.
    12         (2)  The amount allocated to the project described in
    13     section 3(2)(i)(C) shall be made in annual amounts, not to
    14     exceed $2,000,000, for ten years. However, the amount paid
    15     shall not exceed the operating deficit of the David L.
    16     Lawrence Convention Center.
    17         (3)  The amount allocated to the project described in
    18     section 3(2)(i)(D) and (40)(i)(A) shall be made in annual
    19     amounts, in the amount allocated, for 30 years or the
    20     retirement of the debt issued for the project described in
    21     section 3(2)(i)(D) and (40)(i)(A), whichever is less.
    22         (4)  The amount allocated to the projects described in
    23     section 3(2)(i)(E) shall be made in annual amounts, not to
    24     exceed $15,000,000, for ten years.
    25         (5)  The amount allocated to the project described in
    26     section 3(51)(i)(A) and shall be made in annual amounts, not
    27     to exceed the amount allocated, for 30 years or the
    28     retirement of the debt issued for the project described in
    29     section 3(51)(i)(A), whichever is less. However, the amount
    30     paid may not exceed the actual amounts of debt service and
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     1     operating expenses in any year. Payments made pursuant to
     2     section 3(51)(i)(A) which are reimbursements to the General
     3     Fund shall be deposited into the Capital Debt Fund for
     4     repayment of the debt issued.
     5  Section 5.  Appropriation.
     6     The sums necessary for the annual amounts itemized in
     7  sections 3 and 4 are hereby appropriated from the Pennsylvania
     8  Gaming Economic Development and Tourism Fund to the Department
     9  of Community and Economic Development, upon approval of the
    10  Governor, for the projects itemized in this act.
    11  Section 6.  Special provisions.
    12     (a)  Notwithstanding the provisions of 4 Pa.C.S. § 1407(d)
    13  (relating to Pennsylvania Gaming Economic Development Tourism
    14  Fund), the project authorized in section 3(2)(i)(D) shall be
    15  eligible for funding from the Pennsylvania Gaming and Economic
    16  Development and Tourism Fund in the ten-year period beginning
    17  with the first fiscal year during which deposits are made into
    18  the fund.
    19     (b)  Notwithstanding the provisions of 4 Pa.C.S. § 1407(d),
    20  the project authorized in section 3(51)(i)(A) shall be eligible
    21  for funding from the Pennsylvania Gaming and Economic
    22  Development and Tourism Fund in the ten-year period beginning
    23  with the first fiscal year during which deposits are made into
    24  the fund and may include repayment of bonds issued to replace
    25  bonds issued for the Pennsylvania Convention Center,
    26  reimbursement of the Pennsylvania Convention Center Authority
    27  for bonds issued for the construction of the Pennsylvania
    28  Convention Center, or operating expenses of the Pennsylvania
    29  Convention Center.
    30     (c)  Notwithstanding any other law to the contrary, the
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     1  requirements of section 318 of the act of February 9, 1999
     2  (P.L.1, No.1), known as the Capital Facilities Debt Enabling
     3  Act, shall provide the sole and exclusive requirements for
     4  bidding for the acquisition, development construction of the
     5  project in section 3(2)(i)(D).
     6  Section 7.  Effective date.
     7     This act shall take effect immediately.
















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