PRINTER'S NO. 1365

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1179

Session of

2019

INTRODUCED BY FRITZ, DUNBAR, PICKETT, MILLARD, TOOHIL, JAMES,

PYLE, OBERLANDER, BERNSTINE, KEEFER, MACKENZIE AND NEILSON,

APRIL 10, 2019

under certain circumstances, and allowing school and certain

public buildings and parks to be used therefor; conferring

powers and imposing duties on the Department of Public

Instruction; and imposing penalties."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of June 2, 1933 (P.L.1423, No.308),

entitled "An act relating to Sunday music; permitting musicians

to receive compensation for services rendered on Sunday;

authorizing pay concerts to be given and broadcast on Sunday

compensation for services rendered on Sunday; authorizing pay

concerts to be given and broadcast on Sunday under certain

circumstances, and allowing school and certain public

buildings and parks to be used therefor; conferring powers

and imposing duties on the Department of Public Instruction;

and imposing penalties.

Section 1. Be it enacted, etc., That from and after the

passage of this act, it shall be lawful for any musician within

this Commonwealth to receive compensation for singing or playing

on Sunday in connection with the rendering of any public concert

rendered and broadcast anywhere within this Commonwealth on

Sunday after twelve o'clock noon; and it shall be lawful for the

person or persons rendering any such concert to charge an

admission fee thereto at a rate which it is estimated will cover

the expenses of rendering such concert, including light, heat

and compensation to ushers, janitors and musicians: Provided,

That the cost of light and heat and compensation to ushers,

janitors and musicians shall not exceed an amount computed at

the rate charged for light and heat and compensation to ushers,

janitors and musicians for week-days: And provided further, That

Commonwealth to be employed by it for such public music purposes

as it may deem proper.

Section 3. The Department of Public Instruction may

authorize concerts or series of concerts, to be rendered and

broadcast as herein provided; such concerts, or series of

concerts, to maintain music of high order, although not

necessarily what is known as sacred music. Whenever the said

department shall have authorized any such concert, or series of

concerts, to be rendered and broadcast, it shall issue a permit,

setting forth its authorization thereof, which permit shall also

building, or any building owned by the Commonwealth or by any

county, city, borough, incorporated town or township, or any

public park, for rendering any concert authorized under the

provisions of this act by the Department of Public Instruction,

if the board of school directors, board of trustees, councils or

other agency having control of such building or park shall give

permission to make such use thereof.

Section 5. Any person or persons to whom the Department of

Public Instruction shall have issued a permit under the

provisions of this act shall keep an accurate account of all

at any time to inspect and audit such account. In order to

enable such audit to be made, the person or persons having

charge of such account shall render a complete, verified

statement of receipts and expenditures within thirty days after

each concert to the Department of Public Instruction.

Section 6. It shall be unlawful at any concert rendered

under the provisions of this act to provide any form of

entertainment except music, and any person who shall provide or

furnish, or assist in providing or furnishing, any other form of

entertainment at any such concert shall be guilty of a

series of concerts, rendered under the provisions of this act,

who shall fail to pay to the Department of Public Instruction,

as hereinbefore required, any moneys received as admission fees

in excess of the actual cost of light, heat and compensation to

ushers, janitors and musicians for such concert, or series of

concerts, or who shall fail to keep an account of moneys

received and expended, or fail or refuse to permit the duly

authorized agent of the Department of Public Instruction to

inspect and audit the same, shall be guilty of a misdemeanor.

Upon conviction thereof in the proper court, any person who

an account of moneys received and expended, or to permit the

duly authorized agent of the Department of Public Instruction to

inspect such account, shall be punished, for a first offense, by

a fine of not less than one hundred dollars or more than one

thousand dollars, or by imprisonment for not less than thirty

days or more than one year, or both, in the discretion of the

court, and, for a second or subsequent offense, by a fine of not

less than one hundred dollars or more than one thousand dollars,

and by imprisonment for not less than thirty days or more than

one year.]