HOUSE AMENDED

PRIOR PRINTER'S NOS. 122, 387                           PRINTER'S NO. 1173

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

Session of 1997

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INTRODUCED BY CORMAN AND JUBELIRER, JANUARY 21, 1997
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AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 11, 1997
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1 Amending the act of August 9, 1955 (P.L.323, No.130), entitled

2 "An act relating to counties of the third, fourth, fifth,

3 sixth, seventh and eighth classes; amending, revising,

4 consolidating and changing the laws relating thereto,"

5 providing for an excise tax in certain counties, FOR

6 APPOINTMENT OF AUXILIARY BOARD OF ASSESSMENT APPEALS AND FOR

7 THE SOUTHWESTERN PENNSYLVANIA REGIONAL RENAISSANCE

8 INITIATIVE; AUTHORIZING ANY THIRD CLASS COUNTY HAVING A

9 SECOND CLASS A CITY TO ENACT A HOTEL TAX FOR TOURIST AND

10 RECREATION FACILITIES; REPEALING CERTAIN MANDATES IMPOSED ON

11 COUNTIES; AND DISCHARGING CERTAIN LIABILITIES OF COUNTIES.

12 The General Assembly of the Commonwealth of Pennsylvania

13 hereby enacts as follows:

14 Section 1. The act of August 9, 1955 (P.L.323, No.130),

15 known as The County Code, is amended by adding a section to

16 read:

17 SECTION 1. THE TITLE OF THE ACT OF AUGUST 9, 1955 (P.L.323,

18 NO.130), KNOWN AS THE COUNTY CODE, IS AMENDED TO READ:

19 AN ACT

20 RELATING TO COUNTIES OF THE THIRD, FOURTH, FIFTH, SIXTH, SEVENTH

21 AND EIGHTH CLASSES; AMENDING, REVISING, CONSOLIDATING AND

1 CHANGING THE LAWS RELATING THERETO; AND PROVIDING FOR

2 REGIONAL RENAISSANCE INITIATIVES.

3 SECTION 2. SECTION 102(A) OF THE ACT, AMENDED DECEMBER 14,

4 1967 (P.L.856, NO.377), IS AMENDED TO READ:

5 SECTION 102. APPLICABILITY.--(A) EXCEPT INCIDENTALLY, AS IN

6 SECTIONS 108, 201, 210 AND 211, OR AS PROVIDED IN ARTICLE XXX,

7 THIS ACT DOES NOT APPLY TO COUNTIES OF THE FIRST, SECOND A, OR

8 SECOND CLASSES.

9 * * *

10 SECTION 3. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:

11 Section 1770.2. Authorization of Excise Tax.--(a) The

12 county commissioners of any county which has a recognized

13 tourist promotion agency designated to act within the county may

14 impose an excise tax not to exceed two per centum of the

15 consideration received by each operator of a hotel within the

16 county from each transaction of renting a room or rooms to

17 transients. The tax shall be collected by the operator from the

18 patron of the room or rooms and paid over to the county as

19 herein provided.

20 (b) The county commissioners may by ordinance impose

21 requirements for keeping of records, the filing of tax returns

22 and the time and manner of collection and payment of tax. The

23 county commissioners may also impose, by ordinance, penalties

24 and interest for failure to comply with recordkeeping, filing,

25 collection and payment requirements.

26 (c) The treasurer of each county electing to impose the tax

27 authorized under this section shall collect the tax and deposit

28 the revenues received from the tax in a special fund established

29 for that purpose. After deducting from the fund any direct or

30 indirect costs attributable to collection of the tax, the county

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1 shall distribute to the recognized tourist promotion agency

2 designated to act within the county all revenues received from

3 the tax not later than sixty days after receipt of the tax

4 revenues. The revenues from the special fund shall be used by

5 the recognized tourist promotion agency to directly fund county-

6 wide tourist promotion.

7 (d) The tax year for a tax imposed under this section shall

8 run concurrently with the calendar year.

9 (e) An audited report on the income and expenditures

10 incurred by a recognized tourist promotion agency receiving any

11 revenues from the tax authorized under this section shall be

12 submitted annually by the recognized tourist promotion agency to

13 the county commissioners.

14 (f) As used in this section, the following words and phrases

15 shall have the meanings given to them in this subsection:

16 "Consideration." Receipts, fees, charges, rentals, leases,

17 cash, credits, property of any kind or nature, or other payment

18 received by operators in exchange for or in consideration of the

19 use or occupancy by a transient of a room or rooms in a hotel

20 for any temporary period.

21 "County." Any county which is on the effective date of this

22 act a county OF THE THIRD CLASS HAVING A POPULATION UNDER THE

23 1990 FEDERAL DECENNIAL CENSUS IN EXCESS OF 337,000 RESIDENTS,

24 BUT LESS THAN 341,000 RESIDENTS, OR A COUNTY of the FOURTH CLASS

25 HAVING A POPULATION UNDER THE 1990 FEDERAL DECENNIAL CENSUS IN

26 EXCESS OF 159,000 RESIDENTS, BUT LESS THAN 175,000 RESIDENTS, OR

27 A COUNTY OF THE fifth class having a population under the 1990

28 Federal Decennial Census in excess of one hundred twenty-three

29 thousand residents.

30 "Hotel." A hotel, motel, inn, guest house or other structure

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1 which holds itself out by any means, including advertising,

2 license, registration with an innkeepers' group, convention

3 listing association, travel publication or similar association

4 or with a government agency, as being available to provide

5 overnight lodging or use of facility space for consideration to

6 persons seeking temporary accommodation; any place which

7 advertises to the public at large or any segment thereof that it

8 will provide beds, sanitary facilities or other space for a

9 temporary period to members of the public at large; or any place

10 recognized as a hostelry. The term does not include any portion

11 of a facility that is devoted to persons who have an established

12 permanent residence or a college or university student residence

13 hall or any private campground, or any cabins, public

14 campgrounds or other facilities located on State land.

15 "Occupancy." The use or possession or the right to the use

16 or possession by any person other than a permanent resident of

17 any room in a hotel for any purpose, or the right to the use or

18 possession of the furnishings or to the services accompanying

19 the use and possession of the room.

20 "Operator." An individual, partnership, nonprofit or profit-

21 making association or corporation or other person or group of

22 persons who maintain, operate, manage, own, have custody of or

23 otherwise possess the right to rent or lease overnight

24 accommodations in a hotel to the public for consideration.

25 "Patron." A person who pays the consideration for the

26 occupancy of a room or rooms in a hotel.

27 "Permanent resident." A person who has occupied or has the

28 right to occupancy of a room or rooms in a hotel as a patron or

29 otherwise for a period exceeding sixty consecutive days.

30 "Recognized tourist promotion agency." The nonprofit

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1 corporation, organization, association or agency which is

2 engaged in planning and promoting programs designed to stimulate

3 and increase the volume of tourist, visitor and vacation

4 business within counties served by the agency as that term is

5 defined in the act of April 28, 1961 (P.L.111, No.50), known as

6 the "Tourist Promotion Law."

7 "Room." A space in a hotel set aside for use and occupancy

8 by patrons, or otherwise, for consideration, having at least one

9 bed or other sleeping accommodation in a room or group of rooms.

10 "Transaction." The activity involving the obtaining by a

11 transient or patron of the use or occupancy of a hotel room from

12 which consideration is payable to the operator under an express

13 or an implied contract.

14 "Transient." An individual who obtains accommodation in a

15 hotel by means of registering at the facility for the temporary

16 occupancy of a room for the personal use of the individual by

17 paying a fee to the operator.

18 Section 2. This act shall take effect immediately.

19 SECTION 1770.3. APPOINTMENT OF AUXILIARY BOARD OF ASSESSMENT

20 APPEALS.--(A) IN CONJUNCTION WITH A COUNTYWIDE REVISION OF

21 ASSESSMENTS INVOLVING EITHER A CHANGE IN THE ESTABLISHED

22 PREDETERMINED RATIO OR REVALUING THE PROPERTIES AND APPLYING THE

23 PREDETERMINED RATIO, THE COUNTY COMMISSIONERS OF A COUNTY OF THE

24 FOURTH, FIFTH, SIXTH, SEVENTH OR EIGHTH CLASS MAY,

25 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,

26 CREATE UP TO FOUR TEMPORARY AUXILIARY APPEAL BOARDS, EACH TO BE

27 KNOWN AS AN AUXILIARY APPEAL BOARD. THE COUNTY COMMISSIONERS

28 SHALL ESTABLISH THE TERM OF EXISTENCE FOR AN AUXILIARY APPEAL

29 BOARD NOT TO EXCEED EIGHTEEN MONTHS. AN AUXILIARY APPEAL BOARD

30 SHALL BE COMPOSED OF THREE MEMBERS WHO SHALL BE APPOINTED BY THE

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1 COUNTY COMMISSIONERS TO SERVE FOR THE TIME THAT THE AUXILIARY

2 APPEAL BOARD IS IN EXISTENCE. MEMBERS OF AN AUXILIARY APPEAL

3 BOARD SHALL BE COMPETENT AND QUALIFIED RESIDENTS OF THE COUNTY.

4 VACANCIES ON AN AUXILIARY APPEAL BOARD SHALL BE FILLED BY

5 APPOINTMENT BY THE COUNTY COMMISSIONERS FOR THE DURATION OF THE

6 AUXILIARY APPEAL BOARD'S EXISTENCE. ANY SALARY OF MEMBERS OF AN

7 AUXILIARY APPEAL BOARD SHALL BE FIXED BY THE SALARY BOARD OF THE

8 COUNTY. THE AUTHORITY OF AN AUXILIARY APPEAL BOARD SHALL BE

9 LIMITED TO HEARING AND DETERMINING APPEALS FROM ASSESSMENTS IN

10 ACCORDANCE WITH APPLICABLE PROVISIONS OF LAW. AFTER ONE OR MORE

11 AUXILIARY APPEAL BOARDS HAVE BEEN ESTABLISHED IN ACCORDANCE WITH

12 THIS SECTION, ADDITIONAL AUXILIARY APPEAL BOARDS MAY BE

13 ESTABLISHED ONLY IN CONJUNCTION WITH A SUCCEEDING COUNTYWIDE

14 REVISION OF ASSESSMENTS.

15 (B) SUBJECT TO THE APPROVAL OF THE COUNTY COMMISSIONERS, THE

16 AUTHORITY IN THE COUNTY RESPONSIBLE FOR ASSESSMENT APPEALS MAY

17 ADOPT, AMEND, ALTER AND RESCIND RULES AND REGULATIONS FOR THE

18 ADMINISTRATION OF, AND THE CONDUCT OF BUSINESS AND PROCEEDINGS

19 FOR, ITSELF AND FOR AUXILIARY APPEAL BOARDS. THE RULES AND

20 REGULATIONS MAY REQUIRE A WITNESS PROVIDING TESTIMONY AT A

21 HEARING RELATIVE TO ANY ASPECT OF THE VALUE OF THE REAL ESTATE

22 WHICH IS THE SUBJECT OF THE ASSESSMENT OR REASSESSMENT APPEAL TO

23 DISCLOSE, UNDER OATH, WHETHER ANY COMPENSATION PAID FOR THE

24 TESTIMONY IS CONTINGENT ON THE RESULT OBTAINED. THE RULES AND

25 REGULATIONS SHALL BE IN WRITING AND SHALL BE A PUBLIC RECORD

26 OPEN TO EXAMINATION, INSPECTION AND COPYING IN ACCORDANCE WITH

27 THE ACT OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED TO AS THE

28 RIGHT-TO-KNOW LAW.

29 (C) FOR THE PURPOSE OF THIS SECTION AN "AUXILIARY APPEAL

30 BOARD" SHALL MEAN AN AUXILIARY BOARD OF ASSESSMENT APPEALS IN

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1 COUNTIES OF THE FOURTH, FIFTH, SIXTH, SEVENTH OR EIGHTH CLASS

2 CREATED IN ACCORDANCE WITH THIS SECTION.

3 SECTION 1770.4. AUTHORIZATION OF HOTEL TAX.--(A) THE COUNTY

4 COMMISSIONERS OF ANY COUNTY OF THE THIRD CLASS HAVING A SECOND

5 CLASS A CITY LOCATED THEREIN MAY IMPOSE A HOTEL TAX NOT TO

6 EXCEED FOUR PER CENTUM OF THE CONSIDERATION RECEIVED BY EACH

7 OPERATOR OF A HOTEL WITHIN THE COUNTY FROM EACH TRANSACTION OF

8 RENTING A ROOM OR ROOMS TO TRANSIENTS. THE TAX SHALL BE

9 COLLECTED BY THE OPERATOR FROM THE PATRON OF THE ROOM OR ROOMS

10 AND PAID OVER TO THE COUNTY AS HEREIN PROVIDED.

11 (B) THE COUNTY COMMISSIONERS MAY BY ORDINANCE IMPOSE

12 REQUIREMENTS FOR KEEPING OF RECORDS, THE FILING OF TAX RETURNS

13 AND THE TIME AND MANNER OF COLLECTION AND PAYMENT OF TAX. THE

14 COUNTY COMMISSIONERS MAY ALSO IMPOSE, BY ORDINANCE, PENALTIES

15 AND INTEREST FOR FAILURE TO COMPLY WITH RECORDKEEPING, FILING,

16 COLLECTION AND PAYMENT REQUIREMENTS.

17 (C) THE COUNTY COMMISSIONERS OF EACH COUNTY SHALL DESIGNATE

18 THE ENTITY OR AGENCY RESPONSIBLE TO COLLECT AND TO ENFORCE THE

19 COLLECTION OF THE TAX ON THEIR BEHALF. ALL REVENUES RECEIVED

20 FROM THE TAX SHALL BE DEPOSITED INTO A SPECIAL FUND WHICH IS TO

21 BE ESTABLISHED BY THE COUNTY'S LEGALLY SANCTIONED AND DULY

22 DESIGNATED TOURIST PROMOTION AGENCY (TPA). THE DISPOSITION OF

23 THE REVENUES FROM THE TPA HOTEL TAX FUND SHALL BE AS FOLLOWS: A

24 MINIMUM OF TWENTY PER CENTUM OF ALL REVENUES RECEIVED PER ANNUM

25 SHALL BE USED BY THE TPA FOR THE APPROPRIATE AND REASONABLE

26 OPERATIONAL, MARKETING AND PROMOTIONAL EXPENSES OF THE TPA.

27 OTHER TAX REVENUES RECEIVED AND AMOUNTING TO NOT MORE THAN

28 EIGHTY PER CENTUM OF TOTAL ANNUAL REVENUES SHALL BE USED FOR

29 REASONABLE EXPENSES ASSOCIATED WITH COLLECTION AND ENFORCEMENT

30 OF THE TAX; FOR COUNTY-OWNED TOURIST AND RECREATIONAL

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1 FACILITIES, SPORTS FACILITIES OR VISITOR CENTERS; OR FOR OTHER

2 TOURISM-RELATED ACTIVITIES AS DETERMINED BY THE COUNTY

3 COMMISSIONERS.

4 (D) THE TREASURER OF EACH COUNTY ELECTING TO IMPOSE THE TAX

5 AUTHORIZED UNDER THIS SECTION SHALL COLLECT THE TAX AND DEPOSIT

6 THE REVENUES RECEIVED FROM THE TAX IN A SPECIAL FUND ESTABLISHED

7 FOR THAT PURPOSE. THE REVENUES FROM THE SPECIAL FUND SHALL BE

8 USED FOR COUNTY-OWNED TOURIST AND RECREATIONAL FACILITIES,

9 SPORTS FACILITIES, VISITORS CENTER OR USE OF ANY COUNTY-

10 MUNICIPAL AUTHORITY AS DETERMINED BY THE COUNTY COMMISSIONER.

11 (E) THE TAX YEAR FOR A TAX IMPOSED UNDER THIS SECTION SHALL

12 RUN CONCURRENTLY WITH THE CALENDAR YEAR.

13 (F) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES

14 SHALL HAVE THE MEANING GIVEN TO THEM IN THIS SUBSECTION:

15 "CONSIDERATION." RECEIPTS, FEES, CHARGES, RENTALS, LEASES,

16 CASH, CREDITS, PROPERTY OF ANY KIND OR NATURE, OR OTHER PAYMENT

17 RECEIVED BY OPERATORS IN EXCHANGE FOR OR IN CONSIDERATION OF THE

18 USE OR OCCUPANCY BY A TRANSIENT OF A ROOM OR ROOMS IN A HOTEL

19 FOR ANY TEMPORARY PERIOD.

20 "HOTEL." A HOTEL, MOTEL, INN, GUEST HOUSE OR OTHER STRUCTURE

21 WHICH HOLDS ITSELF OUT BY ANY MEANS, INCLUDING ADVERTISING,

22 LICENSE, REGISTRATION WITH AN INNKEEPERS' GROUP, CONVENTION

23 LISTING ASSOCIATION, TRAVEL PUBLICATION OR SIMILAR ASSOCIATION

24 OR WITH A GOVERNMENT AGENCY, AS BEING AVAILABLE TO PROVIDE

25 OVERNIGHT LODGING OR USE OF FACILITY SPACE FOR CONSIDERATION TO

26 PERSONS SEEKING TEMPORARY ACCOMMODATION; ANY PLACE WHICH

27 ADVERTISES TO THE PUBLIC AT LARGE OR ANY SEGMENT THEREOF THAT IT

28 WILL PROVIDE BEDS, SANITARY FACILITIES OR OTHER SPACE FOR A

29 TEMPORARY PERIOD TO MEMBERS OF THE PUBLIC AT LARGE; OR ANY PLACE

30 RECOGNIZED AS A HOSTELRY. THE TERM DOES NOT INCLUDE ANY PORTION

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1 OF A FACILITY THAT IS DEVOTED TO PERSONS WHO HAVE AN ESTABLISHED

2 PERMANENT RESIDENCE OR A COLLEGE OR UNIVERSITY STUDENT RESIDENCE

3 HALL.

4 "OCCUPANCY." THE USE OR POSSESSION OR THE RIGHT TO THE USE

5 OR POSSESSION BY ANY PERSON OTHER THAN A PERMANENT RESIDENT OF

6 ANY ROOM IN A HOTEL FOR ANY PURPOSE, OR THE RIGHT TO THE USE OR

7 POSSESSION OF THE FURNISHINGS OR TO THE SERVICES ACCOMPANYING

8 THE USE AND POSSESSION OF THE ROOM.

9 "OPERATOR." AN INDIVIDUAL, PARTNERSHIP, NONPROFIT OR PROFIT-

10 MAKING ASSOCIATION OR CORPORATION OR OTHER PERSON OR GROUP OF

11 PERSONS WHO MAINTAIN, OPERATE, MANAGE, OWN, HAVE CUSTODY OF OR

12 OTHERWISE POSSESS THE RIGHT TO RENT OR LEASE OVERNIGHT

13 ACCOMMODATIONS IN A HOTEL TO THE PUBLIC FOR CONSIDERATION.

14 "PATRON." A PERSON WHO PAYS THE CONSIDERATION FOR THE

15 OCCUPANCY OF A ROOM OR ROOMS IN A HOTEL.

16 "PERMANENT RESIDENT." A PERSON WHO HAS OCCUPIED OR HAS THE

17 RIGHT TO OCCUPANCY OF A ROOM OR ROOMS IN A HOTEL AS A PATRON OR

18 OTHERWISE FOR A PERIOD EXCEEDING SIXTY CONSECUTIVE DAYS.

19 "ROOM." A SPACE IN A HOTEL SET ASIDE FOR USE AND OCCUPANCY

20 BY PATRONS, OR OTHERWISE, FOR CONSIDERATION, HAVING AT LEAST ONE

21 BED OR OTHER SLEEPING ACCOMMODATION IN A ROOM OR GROUP OF ROOMS.

22 "TOURIST PROMOTION AGENCY (TPA)." AN ORGANIZATION, AGENCY OR

23 CORPORATION DESIGNATED TO BE SUCH BY THE BOARD OF COMMISSIONERS

24 OF THE COUNTY IN WHICH THE TAX IS IMPOSED. THE TPA SHALL BE DULY

25 ESTABLISHED, DESIGNATED AND RECOGNIZED AS THE COUNTY'S TPA IN

26 ACCORDANCE WITH AND PURSUANT TO THE ACT OF APRIL 28, 1961

27 (P.L.111, NO.50), KNOWN AS THE "TOURIST PROMOTION LAW."

28 "TRANSACTION." THE ACTIVITY INVOLVING THE OBTAINING BY A

29 TRANSIENT OR PATRON OF THE USE OR OCCUPANCY OF A HOTEL ROOM FROM

30 WHICH CONSIDERATION IS PAYABLE TO THE OPERATOR UNDER AN EXPRESS

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1 OR AN IMPLIED CONTRACT.

2 "TRANSIENT." AN INDIVIDUAL WHO OBTAINS ACCOMMODATION IN A

3 HOTEL BY MEANS OF REGISTERING AT THE FACILITY FOR THE TEMPORARY

4 OCCUPANCY OF A ROOM FOR THE PERSONAL USE OF THE INDIVIDUAL BY

5 PAYING A FEE TO THE OPERATOR.

6 SECTION 4. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:

7 ARTICLE XXX

8 SOUTHWESTERN PENNSYLVANIA REGIONAL

9 RENAISSANCE INITIATIVE

10 (A) PRELIMINARY PROVISIONS

11 SECTION 3011. SHORT TITLE.--THIS ARTICLE SHALL BE KNOWN AND

12 MAY BE CITED AS THE "SOUTHWESTERN PENNSYLVANIA REGIONAL

13 RENAISSANCE INITIATIVE ACT."

14 SECTION 3012. FINDINGS AND DECLARATION OF POLICY.--(A) THE

15 GENERAL ASSEMBLY FINDS THE FOLLOWING:

16 (1) THE HEALTH, SAFETY AND GENERAL WELFARE OF THE PEOPLE OF

17 THE SOUTHWESTERN REGION OF THIS COMMONWEALTH ARE DIRECTLY

18 DEPENDENT UPON THE CONTINUAL ENCOURAGEMENT, DEVELOPMENT, GROWTH

19 AND EXPANSION OF BUSINESS, INDUSTRY, COMMERCE AND TOURISM WITHIN

20 THAT REGION.

21 (2) UNEMPLOYMENT, THE SPREAD OF INDIGENCE AND THE HEAVY

22 BURDEN OF PUBLIC ASSISTANCE AND UNEMPLOYMENT COMPENSATION IN

23 SOUTHWESTERN PENNSYLVANIA CAN BE AVOIDED BY THE PROMOTION,

24 ATTRACTION, STIMULATION, DEVELOPMENT AND EXPANSION OF BUSINESS,

25 INDUSTRY, COMMERCE AND TOURISM IN THAT REGION.

26 (3) SUPPLEMENTAL SOURCES OF REVENUE ARE NEEDED BY

27 MUNICIPALITIES IN SOUTHWESTERN PENNSYLVANIA TO INVEST IN

28 FACILITIES THAT WILL PROMOTE ECONOMIC DEVELOPMENT AND TOURISM

29 AND IMPROVE THE QUALITY OF LIFE OF THEIR RESIDENTS.

30 (4) SUPPLEMENTAL SOURCES OF PUBLIC AND PRIVATE REVENUE ARE

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1 REQUIRED TO IMPROVE AND DEVELOP THE REGION'S EXISTING ECONOMY

2 AND TO DEVELOP NEW CIVIC, CONVENTION, SPORTS, CULTURAL,

3 INDUSTRIAL, TRANSPORTATION AND OTHER FACILITIES.

4 (5) LOCAL GOVERNMENTS IN SOUTHWESTERN PENNSYLVANIA LACK

5 ADEQUATE RESOURCES TO MAINTAIN, IMPROVE AND MODERNIZE THE

6 REGION'S CIVIC, CONVENTION, SPORTS, CULTURAL, INDUSTRIAL,

7 TRANSPORTATION AND OTHER FACILITIES, THE CONTINUED AVAILABILITY

8 OF WHICH IS VITAL TO THE ECONOMIC GROWTH AND DEVELOPMENT OF

9 SOUTHWESTERN PENNSYLVANIA, TO THE ABILITY OF THE REGION TO

10 COMPETE GLOBALLY FOR VISITORS, RESIDENTS AND INVESTMENT IN

11 QUALITY JOBS AT LIVING WAGES AND TO THE HEALTH, WELFARE,

12 EDUCATION AND QUALITY OF LIFE OF THE CITIZENS OF THE REGION.

13 (B) IT IS HEREBY DECLARED TO BE THE PUBLIC POLICY OF THE

14 COMMONWEALTH TO PROMOTE THE HEALTH, WELFARE AND QUALITY OF LIFE

15 OF THE CITIZENS OF SOUTHWESTERN PENNSYLVANIA AND TO ENHANCE

16 ECONOMIC DEVELOPMENT AND EMPLOYMENT IN THAT REGION BY SUPPORTING

17 THE CONSTRUCTION OF REGIONAL DESTINATION FACILITIES AND OTHER

18 REGIONAL GROWTH PROJECTS FOR THE PUBLIC PURPOSE OF PROMOTING,

19 ATTRACTING, STIMULATING, DEVELOPING AND EXPANDING BUSINESS,

20 INDUSTRY, COMMERCE AND TOURISM. THAT PURPOSE IS DECLARED TO BE A

21 PUBLIC PURPOSE SUPPORTING THE ENACTMENT OF ALL OF THE PROVISIONS

22 OF THIS ARTICLE AND FOR WHICH PUBLIC MONEY MAY BE SPENT, TAXES

23 MAY BE IMPOSED AND PRIVATE PROPERTY MAY BE ACQUIRED BY THE

24 EXERCISE OF THE POWER OF EMINENT DOMAIN.

25 SECTION 3013. DEFINITIONS.--AS USED IN THIS ARTICLE,

26 "AUDITORIUM AUTHORITY" SHALL MEAN THE AUTHORITY CREATED TO

27 OPERATE THE CONVENTION CENTER UNDER THE ACT OF JULY 29, 1953

28 (P.L.1034, NO.270), KNOWN AS THE "PUBLIC AUDITORIUM AUTHORITIES

29 LAW."

30 "AUTHORITY" SHALL MEAN THE REGIONAL RENAISSANCE AUTHORITY

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1 ESTABLISHED UNDER THIS ARTICLE.

2 "AUTHORITY EMPLOYE" SHALL MEAN THE CHAIRMAN AND MEMBERS OF

3 THE BOARD OF THE AUTHORITY, COUNSEL RETAINED BY THE AUTHORITY

4 EITHER AS AN EMPLOYEE OR OTHERWISE, THE CHIEF ADMINISTRATIVE

5 OFFICER OF THE AUTHORITY AND ANY EMPLOYE WITH DISCRETIONARY

6 POWERS WHO MAY AFFECT THE OUTCOME OF A DECISION BY THE AUTHORITY

7 IN RELATION TO A PRIVATE CORPORATION OR BUSINESS OR ANY EMPLOYE

8 WHO BY VIRTUE OF THE EMPLOYE'S JOB FUNCTION COULD INFLUENCE THE

9 OUTCOME OF SUCH A DECISION.

10 "BASEBALL PARK" SHALL MEAN A BASEBALL PARK TO BE CONSTRUCTED

11 IN THE CENTRAL CITY DESIGNED FOR THE PURPOSE OF PLAYING MAJOR

12 LEAGUE BASEBALL GAMES.

13 "BOARD" SHALL MEAN THE GOVERNING BODY OF THE REGIONAL

14 RENAISSANCE AUTHORITY.

15 "BONDS" SHALL MEAN NOTES, BONDS, REFUNDING NOTES AND BONDS,

16 INTERIM CERTIFICATES, DEBENTURES AND OTHER EVIDENCES OF

17 INDEBTEDNESS OR OBLIGATIONS THAT THE AUTHORITY IS AUTHORIZED TO

18 ISSUE UNDER THIS ARTICLE. BONDS MAY BE EITHER TAX-EXEMPT BONDS,

19 THE INTEREST ON WHICH IS EXCLUDABLE FROM GROSS INCOME FOR

20 FEDERAL INCOME TAX PURPOSES OR TAXABLE BONDS, THE INTEREST ON

21 WHICH IS INCLUDABLE IN GROSS INCOME FOR FEDERAL INCOME TAX

22 PURPOSES.

23 "CENTRAL CITY" SHALL MEAN A CITY OF THE SECOND CLASS LOCATED

24 IN A COUNTY OF THE SECOND CLASS.

25 "CENTRAL COUNTY" SHALL MEAN A COUNTY OF THE SECOND CLASS.

26 "CONSTRUCTION" OR "CONSTRUCT" SHALL INCLUDE SITE ACQUISITION,

27 DEMOLITION AND OTHER PREPARATION FOR AND THE DESIGN, RENOVATION,

28 IMPROVEMENT, EXPANSION, ERECTION, FURNISHING, FIXTURING AND

29 EQUIPPING OF THE FACILITY OR BUILDING INVOLVED.

30 "CONTIGUOUS COUNTY" SHALL MEAN A COUNTY, OTHER THAN A COUNTY

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1 OF THE SECOND CLASS, THAT:

2 (1) HAS A BOUNDARY THAT TOUCHES, EVEN AT A SINGLE POINT, A

3 COUNTY OF THE SECOND CLASS;

4 (2) IS A COUNTY OF THE FOURTH, FIFTH OR SIXTH CLASS AND

5 SHARES COMMON BOUNDARIES AT MORE THAN A SINGLE POINT WITH TWO

6 COUNTIES DESCRIBED IN CLAUSE (1); OR

7 (3) IS A COUNTY OF THE SIXTH CLASS AND IS LOCATED TO THE

8 SOUTH AND WEST OF A COUNTY DESCRIBED IN CLAUSE (2).

9 "CONVENTION AND VISITORS BUREAU" SHALL MEAN THE TOURIST

10 PROMOTION AGENCY LOCATED IN THE CENTRAL CITY THAT RECEIVES FUNDS

11 FROM THE HOTEL TAX IMPOSED BY SECTION 1970.2 OF THE ACT OF JULY

12 28, 1953 (P.L.723, NO.230), KNOWN AS THE "SECOND CLASS COUNTY

13 CODE."

14 "CONVENTION CENTER" SHALL MEAN THE REAL PROPERTY DESCRIBED IN

15 SECTION 3081(A), TOGETHER WITH THE STRUCTURES, FACILITIES,

16 BUILDINGS, FIXTURES AND IMPROVEMENTS LOCATED THEREON, AND KNOWN

17 AS THE DAVID L. LAWRENCE CONVENTION CENTER.

18 "COUNTY ACCOUNT" SHALL MEAN A SPECIAL ACCOUNT ESTABLISHED

19 WITHIN THE REGIONAL GROWTH FUND AS PROVIDED IN SECTION 3021(C).

20 "COUNTY GROWTH BOARD" SHALL MEAN A NEW OR EXISTING ENTITY

21 DESIGNATED UNDER SECTION 3022(C)(2)(II) FOR THE PURPOSE OF

22 DEVELOPING A COUNTY GROWTH PLAN.

23 "COUNTY GROWTH PLAN" SHALL MEAN A PLAN FOR THE USE OF MONEYS

24 IN A COUNTY ACCOUNT THAT IS DEVELOPED AND SUBMITTED TO THE

25 AUTHORITY IN ACCORDANCE WITH SECTION 3022(C).

26 "CULTURAL DISTRICT" SHALL MEAN A GEOGRAPHIC AREA WITHIN A

27 CITY OF THE SECOND CLASS ADJACENT TO THE CONVENTION CENTER THAT

28 IS NOT MORE THAN ONE-HALF SQUARE MILE IN SIZE AND THAT HAS

29 LOCATED WITHIN IT AT LEAST THREE THEATERS FOR THE PERFORMING

30 ARTS.

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1 "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF REVENUE OF THE

2 COMMONWEALTH.

3 "DESIGN COMMISSION" SHALL MEAN THE SOUTHWESTERN PENNSYLVANIA

4 CONVENTION CENTER DESIGN COMMISSION ESTABLISHED UNDER THIS

5 ARTICLE.

6 "FOOTBALL STADIUM" SHALL MEAN A FOOTBALL STADIUM TO BE

7 CONSTRUCTED IN THE CENTRAL CITY DESIGNED FOR THE PURPOSE OF

8 PLAYING NATIONAL FOOTBALL LEAGUE GAMES.

9 "GOVERNING BODY" SHALL MEAN THE BOARD OF COUNTY COMMISSIONERS

10 OR THE COUNTY EXECUTIVE OR OTHER PERSON EXERCISING THE FUNCTIONS

11 OF THE COUNTY EXECUTIVE IN A COUNTY WITHOUT A BOARD OF COUNTY

12 COMMISSIONERS.

13 "IMMEDIATE FAMILY" SHALL MEAN A PARENT, SPOUSE, CHILD,

14 BROTHER, SISTER, THE SPOUSE OF A CHILD, BROTHER OR SISTER OR THE

15 PARENT OF A SPOUSE.

16 "PARTICIPATING COUNTY" SHALL MEAN A COUNTY IN WHICH THE

17 REFERENDUM PROVIDED FOR IN SECTION 3054 HAS BEEN APPROVED BY THE

18 VOTERS.

19 "PARTY OFFICER" SHALL MEAN THE FOLLOWING MEMBERS OR OFFICERS

20 OF ANY POLITICAL PARTY:

21 (1) A MEMBER OF A NATIONAL COMMITTEE.

22 (2) A CHAIRMAN, VICE-CHAIRMAN, SECRETARY, TREASURER OR

23 COUNSEL OF A STATE COMMITTEE OR MEMBERS OF THE EXECUTIVE

24 COMMITTEE OF A STATE COMMITTEE.

25 (3) A COUNTY CHAIRMAN, VICE-CHAIRMAN, COUNSEL, SECRETARY OR

26 TREASURER OF A COUNTY COMMITTEE.

27 (4) A CITY CHAIRMAN, VICE-CHAIRMAN, COUNSEL, SECRETARY OR

28 TREASURER OF A CITY COMMITTEE.

29 "PUBLIC EMPLOYE" SHALL MEAN ANY INDIVIDUAL EMPLOYED BY THE

30 COMMONWEALTH OR A POLITICAL SUBDIVISION WITHIN THE COMMONWEALTH.

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1 "PUBLIC OFFICER" SHALL MEAN ANY PERSON ELECTED TO ANY PUBLIC

2 OFFICE OF COMMONWEALTH GOVERNMENT OR ANY POLITICAL SUBDIVISION

3 WITHIN THE COMMONWEALTH.

4 "PUBLIC OFFICIAL" SHALL MEAN ANY ELECTED OR APPOINTED

5 OFFICIAL IN THE EXECUTIVE, LEGISLATIVE OR JUDICIAL BRANCH OF

6 COMMONWEALTH GOVERNMENT OR ANY POLITICAL SUBDIVISION WITHIN THE

7 COMMONWEALTH. THE TERM DOES NOT INCLUDE MEMBERS OF ADVISORY

8 BOARDS WHO DO NOT HAVE AUTHORITY TO EXPEND PUBLIC FUNDS OTHER

9 THAN REIMBURSEMENT FOR PERSONAL EXPENSES OR TO OTHERWISE

10 EXERCISE THE POWER OF THE COMMONWEALTH OR ANY POLITICAL

11 SUBDIVISION WITHIN THE COMMONWEALTH. THE TERM ALSO DOES NOT

12 INCLUDE ANY APPOINTED OFFICIAL WHO DOES NOT RECEIVE COMPENSATION

13 OTHER THAN REIMBURSEMENT FOR ACTUAL EXPENSES.

14 "REGIONAL DESTINATION FACILITIES FUND" SHALL MEAN THE

15 REGIONAL DESTINATION FACILITIES FUND ESTABLISHED UNDER SECTIONS

16 3071 AND 3072.

17 "REGIONAL DESTINATION FACILITY" SHALL MEAN ANY OF THE

18 FOLLOWING:

19 (1) THE CONVENTION CENTER.

20 (2) THE BASEBALL PARK.

21 (3) THE FOOTBALL STADIUM.

22 (4) PARKS, PARKING FACILITIES AND AT LEAST TWO THEATERS TO

23 BE CONSTRUCTED IN THE CULTURAL DISTRICT.

24 "REGIONAL GROWTH FUND" SHALL MEAN THE REGIONAL GROWTH FUND

25 ESTABLISHED UNDER SECTIONS 3021 AND 3022.

26 (B) REGIONAL GROWTH FUND

27 SECTION 3021. ESTABLISHMENT OF REGIONAL GROWTH FUND.--(A)

28 THERE IS HEREBY ESTABLISHED THE REGIONAL GROWTH FUND. THE

29 TREASURER OF THE AUTHORITY SHALL BE CUSTODIAN OF THE REGIONAL

30 GROWTH FUND WHICH SHALL BE SUBJECT TO THE PROVISIONS OF LAW

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1 APPLICABLE TO FUNDS LISTED IN SECTION 302 OF THE ACT OF APRIL 9,

2 1929 (P.L.343, NO.176), KNOWN AS "THE FISCAL CODE."

3 (B) TAXES IMPOSED UNDER SECTIONS 3051 THROUGH 3057 SHALL BE

4 RECEIVED BY THE DEPARTMENT AND PAID TO THE TREASURER OF THE

5 AUTHORITY AND, ALONG WITH INTEREST AND PENALTIES LESS ANY

6 COLLECTION COSTS ALLOWED UNDER SUCH SECTIONS AND ANY REFUNDS AND

7 CREDITS PAID, SHALL BE CREDITED IN THE MANNER PROVIDED IN

8 SECTION 3052(F) TO THE REGIONAL GROWTH FUND NOT LESS FREQUENTLY

9 THAN EVERY TWO WEEKS. THERE SHALL ALSO BE CREDITED TO THE

10 REGIONAL GROWTH FUND ANY AMOUNTS APPROPRIATED TO IT BY THE

11 GENERAL ASSEMBLY AND ANY CONTRIBUTIONS RECEIVED FROM ANY OTHER

12 SOURCE.

13 (C) A SPECIAL ACCOUNT SHALL BE ESTABLISHED WITHIN THE

14 REGIONAL GROWTH FUND FOR EACH PARTICIPATING COUNTY. ALL OF THE

15 TAXES, INTEREST AND PENALTIES THAT ARE COLLECTED UNDER SECTION

16 3052 FROM A PARTICULAR COUNTY AND DEPOSITED IN THE REGIONAL

17 GROWTH FUND IN ACCORDANCE WITH SECTION 3052(F) SHALL BE CREDITED

18 TO THE SPECIAL ACCOUNT FOR THAT COUNTY. ALL OF THE MONEYS IN A

19 COUNTY ACCOUNT MUST BE SPENT ON PROJECTS LOCATED IN WHOLE OR IN

20 PART WITHIN THAT COUNTY, UNLESS THE GOVERNING BODY OF THAT

21 COUNTY AUTHORIZES BY RESOLUTION THE USE OF A PORTION OF THE

22 MONEYS IN ITS COUNTY ACCOUNT FOR A REGIONAL PROJECT LOCATED

23 OUTSIDE OF THE COUNTY.

24 (D) THE AUTHORITY MAY ALSO ESTABLISH OTHER SPECIAL ACCOUNTS

25 WITHIN THE REGIONAL GROWTH FUND TO WHICH SHALL BE CREDITED ANY

26 AMOUNTS APPROPRIATED TO THE REGIONAL GROWTH FUND BY THE GENERAL

27 ASSEMBLY AND ANY CONTRIBUTIONS RECEIVED FROM ANY OTHER SOURCE.

28 MONEYS IN SUCH SPECIAL ACCOUNTS SHALL BE USED FOR ELIGIBLE

29 PROJECTS IN A PARTICIPATING COUNTY AS DETERMINED BY THE BOARD,

30 SUBJECT TO ANY LIMITATIONS IMPOSED BY THE SOURCE OF THE MONEYS.

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1 (E) ALL MONEYS IN THE REGIONAL GROWTH FUND, INCLUDING, BUT

2 NOT LIMITED TO, MONEYS CREDITED TO IT UNDER THIS SECTION, PRIOR

3 YEAR ENCUMBRANCES AND THE INTEREST EARNED THEREON, SHALL NOT

4 LAPSE OR BE TRANSFERRED TO ANY OTHER FUND, BUT SHALL REMAIN IN

5 THE REGIONAL GROWTH FUND AND MUST BE USED EXCLUSIVELY AS

6 PROVIDED IN THIS ARTICLE.

7 (F) PENDING THEIR DISBURSEMENT, MONEYS RECEIVED ON BEHALF OF

8 OR DEPOSITED INTO THE REGIONAL GROWTH FUND SHALL BE INVESTED OR

9 REINVESTED IN THE SAME MANNER AS ARE MONEYS IN THE CUSTODY OF

10 THE STATE TREASURER. ALL EARNINGS RECEIVED FROM THE INVESTMENT

11 OR REINVESTMENT OF THE MONEYS SHALL BE CREDITED TO THE REGIONAL

12 GROWTH FUND, AND SHALL BE ALLOCATED ON A PROPORTIONAL BASIS TO

13 EACH SPECIAL ACCOUNT WITHIN THE REGIONAL GROWTH FUND.

14 SECTION 3022. USE OF REGIONAL GROWTH FUND.--(A) SUBJECT TO

15 THE LIMITATIONS IN SUBSECTIONS (B) AND (C), MONEYS IN THE

16 REGIONAL GROWTH FUND SHALL BE USED BY THE AUTHORITY TO FUND THE

17 CAPITAL COSTS OF NEW OR IMPROVED ECONOMIC DEVELOPMENT PROJECTS

18 OF THE FOLLOWING TYPES:

19 (1) INDUSTRIAL SITE DEVELOPMENT, INCLUDING, BUT NOT LIMITED

20 TO, SITE ACQUISITION, PREPARATION AND CLEARANCE, CONSTRUCTION OF

21 NECESSARY INFRASTRUCTURE SUCH AS WATER AND SEWER FACILITIES, AND

22 CONSTRUCTION OF BUILDINGS FOR USE BY BUSINESSES.

23 (2) CULTURAL, RECREATIONAL, HISTORICAL AND ENTERTAINMENT

24 FACILITIES, INCLUDING, WITHOUT LIMITATION, AFRICAN-AMERICAN

25 CULTURAL FACILITIES, REGIONAL DESTINATION FACILITIES AND

26 PROJECTS IN HERITAGE AREAS.

27 (3) TRANSPORTATION FACILITIES THAT WILL ASSIST IN THE

28 ATTRACTION AND RETENTION OF JOBS IN THE REGION, INCLUDING

29 CONSTRUCTION OF HIGHWAYS, BRIDGES, TRANSIT FACILITIES, AIRPORTS,

30 PORTS, RAIL LINES AND RELATED FACILITIES.

19970S0125B1173 - 17 -

1 (4) REVOLVING LOAN FUNDS TO ASSIST IN THE ESTABLISHMENT,

2 LOCATION AND EXPANSION OF BUSINESSES, INCLUDING, WITHOUT

3 LIMITATION, SMALL OR MINORITY-OWNED BUSINESSES, IN THE REGION.

4 (5) NEW OR IMPROVED WATER OR SEWER FACILITIES SERVING

5 RESIDENTIAL CUSTOMERS.

6 (B) EXPENDITURES FROM THE REGIONAL GROWTH FUND FOR AN

7 ELIGIBLE PROJECT SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS:

8 (1) THE FUNDING PROVIDED FROM THE REGIONAL GROWTH FUND FOR

9 AN ELIGIBLE PROJECT SHALL NOT EXCEED FIFTY PER CENTUM OF THE

10 TOTAL COST OF THE PROJECT.

11 (2) NO FUNDS MAY BE EXPENDED FROM THE REGIONAL GROWTH FUND

12 FOR OPERATING COSTS OF ANY PROJECT OR FACILITY.

13 (3) NO MORE THAN TWENTY PER CENTUM OF THE FUNDS IN A COUNTY

14 ACCOUNT MAY BE USED FOR THE PURPOSE DESCRIBED IN SUBSECTION

15 (A)(4).

16 (4) NO MORE THAN FORTY PER CENTUM OF THE FUNDS IN A COUNTY

17 ACCOUNT MAY BE USED FOR THE PURPOSE DESCRIBED IN SUBSECTION

18 (A)(5).

19 (C) (1) NOT LATER THAN MARCH 31, 1998, EACH PARTICIPATING

20 COUNTY SHALL INITIALLY NOTIFY THE BOARD WHETHER IT INTENDS TO

21 DEVELOP AND SUBMIT A COUNTY GROWTH PLAN AND WHICH OF THE

22 OPTIONAL METHODS DESCRIBED IN CLAUSE (2) WILL BE USED. AS PART

23 OF ITS NOTIFICATION, THE COUNTY SHALL ALSO INDICATE WHAT PORTION

24 OF THE MONEYS IN ITS COUNTY ACCOUNT SHALL BE RESERVED FOR

25 IMPLEMENTATION OF THE PLAN. IN ESTABLISHING THE LONG-TERM BUDGET

26 AND CAPITAL BUDGET UNDER SECTIONS 3035 AND 3036, THE BOARD SHALL

27 RESERVE FUNDS IN EACH COUNTY ACCOUNT IN ACCORDANCE WITH THE

28 NOTIFICATION, AND SHALL NOT APPROVE PROJECTS USING RESERVED

29 FUNDS UNLESS THEY ARE CONTAINED IN THE COUNTY GROWTH PLAN.

30 (2) IF IT CHOOSES TO DEVELOP AND SUBMIT A COUNTY GROWTH PLAN

19970S0125B1173 - 18 -

1 TO THE AUTHORITY, THE GOVERNING BODY OF A PARTICIPATING COUNTY

2 SHALL SELECT ONE OF THE FOLLOWING THREE METHODS FOR DEVELOPING

3 THE PLAN:

4 (I) THE REDEVELOPMENT AUTHORITY OF THE COUNTY CREATED UNDER

5 THE ACT OF MAY 24, 1945 (P.L.991, NO.385), KNOWN AS THE "URBAN

6 REDEVELOPMENT LAW," MAY ADOPT A COUNTY GROWTH PLAN BY RESOLUTION

7 AND SUBMIT IT TO THE AUTHORITY. THE REDEVELOPMENT AUTHORITY MUST

8 HOLD AT LEAST ONE PUBLIC HEARING REGARDING THE PLAN OR ANY

9 REVISION TO THE PLAN PRIOR TO ADOPTING THE PLAN OR REVISION AND

10 SUBMITTING IT TO THE AUTHORITY.

11 (II) THE GOVERNING BODY MAY CREATE A COUNTY GROWTH BOARD OR

12 DESIGNATE AN EXISTING PUBLIC OR NONPROFIT AGENCY TO SERVE AS THE

13 COUNTY GROWTH BOARD. THE COUNTY GROWTH BOARD MUST HOLD AT LEAST

14 ONE PUBLIC HEARING REGARDING THE PLAN OR ANY REVISION TO THE

15 PLAN PRIOR TO ADOPTING THE PLAN OR REVISION AND SUBMITTING IT TO

16 THE AUTHORITY.

17 (III) THE GOVERNING BODY MAY DIRECTLY ADOPT A COUNTY GROWTH

18 PLAN BY RESOLUTION AND SUBMIT IT TO THE AUTHORITY. THE GOVERNING

19 BODY MUST HOLD AT LEAST ONE PUBLIC HEARING REGARDING THE PLAN OR

20 ANY REVISION TO THE PLAN PRIOR TO ADOPTING THE PLAN OR REVISION

21 AND SUBMITTING IT TO THE AUTHORITY.

22 (3) THE GOVERNING BODY OF A PARTICIPATING COUNTY THAT HAS

23 NOT PREVIOUSLY SUBMITTED A COUNTY GROWTH PLAN MAY ELECT TO

24 SUBMIT ONE AT ANY TIME BY GIVING THE AUTHORITY NOTICE TO THAT

25 EFFECT. THE GOVERNING BODY OF A PARTICIPATING COUNTY THAT HAS

26 SUBMITTED A COUNTY GROWTH PLAN MAY AT ANY TIME CHANGE THE METHOD

27 OF DEVELOPING ITS COUNTY GROWTH PLAN BY GIVING THE AUTHORITY

28 NOTICE TO THAT EFFECT.

29 (4) ALL EXPENDITURES FROM THE REGIONAL GROWTH FUND FOR

30 PROJECTS CONTAINED IN A COUNTY GROWTH PLAN MUST MEET THE

19970S0125B1173 - 19 -

1 CRITERIA AND LIMITATIONS CONTAINED IN SUBSECTIONS (A) AND (B).

2 THE TOTAL EXPENDITURES THAT THE COUNTY GROWTH PLAN REQUESTS FROM

3 THE COUNTY ACCOUNT SHALL NOT EXCEED THE TOTAL FUNDS PROJECTED TO

4 BE DEPOSITED IN THAT ACCOUNT.

5 (D) THE AUTHORITY SHALL AUTOMATICALLY APPROVE FUNDING FROM A

6 COUNTY ACCOUNT FOR ANY PROJECT IN THE PARTICIPATING COUNTY THAT

7 MEETS THE ELIGIBILITY CRITERIA OF THIS SECTION AND THAT IS

8 CONTAINED IN A COUNTY GROWTH PLAN, UP TO THE AMOUNT OF MONEYS

9 AVAILABLE IN THE COUNTY ACCOUNT.

10 (C) REGIONAL RENAISSANCE AUTHORITY

11 SECTION 3031. AUTHORITY ESTABLISHED.--(A) A BODY CORPORATE

12 AND POLITIC TO BE KNOWN AS THE REGIONAL RENAISSANCE AUTHORITY IS

13 ESTABLISHED AS A SPECIAL PURPOSE AREAWIDE UNIT OF LOCAL

14 GOVERNMENT PURSUANT TO SECTION 7 OF ARTICLE IX OF THE

15 CONSTITUTION OF PENNSYLVANIA, EXERCISING POWERS AS A UNIT OF

16 LOCAL GOVERNMENT UNDER THIS ARTICLE AND HAVING TERRITORIAL

17 LIMITS THAT ENCOMPASS THE GEOGRAPHIC AREAS OF THE PARTICIPATING

18 COUNTIES. THE EXERCISE BY THE AUTHORITY OF THE POWERS CONFERRED

19 BY THIS ARTICLE IS HEREBY DECLARED TO BE AND SHALL FOR ALL

20 PURPOSES BE DEEMED AND HELD TO BE THE PERFORMANCE OF AN

21 ESSENTIAL PUBLIC FUNCTION.

22 (B) THE AUTHORITY SHALL BE DEEMED TO BE ESTABLISHED AT THE

23 TIME SET FORTH IN SECTION 3054(E).

24 (C) ONCE ESTABLISHED, THE AUTHORITY SHALL CONTINUE IN

25 EXISTENCE PERPETUALLY.

26 (D) IT IS DECLARED TO BE THE INTENT OF THE GENERAL ASSEMBLY

27 THAT THE AUTHORITY AND ITS BOARD MEMBERS, OFFICERS AND EMPLOYES

28 SHALL ENJOY SOVEREIGN AND OFFICIAL IMMUNITY, AS PROVIDED IN 1

29 PA.C.S. § 2310 (RELATING TO SOVEREIGN IMMUNITY REAFFIRMED;

30 SPECIFIC WAIVER) AND SHALL REMAIN IMMUNE FROM SUIT EXCEPT AS

19970S0125B1173 - 20 -

1 PROVIDED BY AND SUBJECT TO THE PROVISIONS OF 42 PA.C.S. CH. 85

2 SUBCHS. A (RELATING TO GENERAL PROVISIONS) AND B (RELATING TO

3 ACTIONS AGAINST COMMONWEALTH PARTIES). NOTWITHSTANDING THE

4 PROVISIONS OF 42 PA.C.S. § 8525 (RELATING TO LEGAL ASSISTANCE),

5 THE AUTHORITY, THROUGH ITS LEGAL COUNSEL, SHALL DEFEND ACTIONS

6 BROUGHT AGAINST THE AUTHORITY OR ITS BOARD MEMBERS, OFFICERS AND

7 EMPLOYES WHEN ACTING WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES.

8 (E) MEMBERS OF THE BOARD SHALL NOT BE LIABLE PERSONALLY ON

9 THE BONDS OR OTHER OBLIGATIONS OF THE AUTHORITY, AND THE RIGHTS

10 OF CREDITORS SHALL BE SOLELY AGAINST THE AUTHORITY.

11 SECTION 3032. BOARD OF AUTHORITY.--(A) THE POWERS OF THE

12 AUTHORITY SHALL BE EXERCISED BY A GOVERNING BODY HAVING FULL

13 AUTHORITY TO MANAGE THE PROPERTIES AND BUSINESS OF THE AUTHORITY

14 AND TO PRESCRIBE, AMEND AND REPEAL BYLAWS, RULES AND REGULATIONS

15 GOVERNING THE MANNER IN WHICH THE BUSINESS OF THE AUTHORITY MAY

16 BE CONDUCTED AND THE POWERS GIVEN TO IT MAY BE EXERCISED. ALL

17 BY-LAWS, RULES AND REGULATIONS AND AMENDMENTS THERETO SHALL BE

18 FILED WITH THE SECRETARY OF THE AUTHORITY.

19 (B) THE MEMBERS OF THE BOARD OF THE AUTHORITY SHALL BE

20 APPOINTED AS FOLLOWS:

21 (1) THE GOVERNING BODY OF THE CENTRAL COUNTY SHALL APPOINT A

22 MEMBER TO REPRESENT THAT COUNTY.

23 (2) THE GOVERNING BODY OF EACH OTHER PARTICIPATING COUNTY

24 SHALL APPOINT A MEMBER TO REPRESENT THAT COUNTY.

25 (3) THE MAYOR OF THE CENTRAL CITY SHALL APPOINT A MEMBER TO

26 REPRESENT THAT CITY.

27 (4) THE PRESIDENT PRO TEMPORE OF THE SENATE SHALL APPOINT A

28 MEMBER.

29 (5) THE MINORITY LEADER OF THE SENATE SHALL APPOINT A

30 MEMBER.

19970S0125B1173 - 21 -

1 (6) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL

2 APPOINT A MEMBER.

3 (7) THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES

4 SHALL APPOINT A MEMBER.

5 (8) THE GOVERNOR SHALL APPOINT THREE MEMBERS, NOT ALL OF

6 WHOM ARE MEMBERS OF THE SAME POLITICAL PARTY, AND AT LEAST ONE

7 OF WHOM HAS EXPERIENCE AND EXPERTISE IN CONVENTION AND TOURISM

8 PROMOTION PROGRAMS.

9 (C) (1) THE NUMBER OF MEMBERS OF THE BOARD APPOINTED UNDER

10 EACH OF SUBSECTION (B)(4) THROUGH (7) SHALL BE INCREASED TO TWO

11 IF THE NUMBER OF PARTICIPATING COUNTIES IS GREATER THAN FIVE.

12 (2) THE PERSONS APPOINTING MEMBERS OF THE BOARD UNDER

13 SUBSECTION (B)(4) THROUGH (8) SHALL CONSULT WITH EACH OTHER

14 ABOUT THOSE APPOINTMENTS SO THAT:

15 (I) IF THERE IS MORE THAN ONE PARTICIPATING COUNTY, NOT MORE

16 THAN A MAJORITY OF THE MEMBERS OF THE BOARD APPOINTED UNDER

17 SUBSECTION (B)(4) THROUGH (8) ARE RESIDENTS OF ANY ONE

18 PARTICIPATING COUNTY.

19 (II) THE BOARD IS REFLECTIVE, TO THE EXTENT FEASIBLE, OF THE

20 CULTURAL, RACIAL, ETHNIC AND GENDER DEMOGRAPHIC PROPORTIONS OF

21 THE PARTICIPATING COUNTIES.

22 (D) THE GOVERNING BODY OF EACH PARTICIPATING COUNTY SHALL

23 ONLY APPOINT INDIVIDUALS FROM LISTS OF THREE OR MORE NAMES

24 SUBMITTED BY THE MEMBERS OF THE GENERAL ASSEMBLY WHO REPRESENT

25 ANY PORTION OF THAT COUNTY. IN DEVELOPING SUCH LISTS, THE

26 MEMBERS OF THE GENERAL ASSEMBLY SHALL SOLICIT NOMINATIONS FROM

27 PUBLIC AND PRIVATE ECONOMIC DEVELOPMENT AGENCIES WITHIN THE

28 COUNTY AND MAY SOLICIT NOMINATIONS FROM OTHER SOURCES AS WELL.

29 THE INDIVIDUALS APPOINTED MUST HAVE THE UNANIMOUS APPROVAL OF

30 ALL OF THE MEMBERS OF THE GOVERNING BODY IN OFFICE AT THE TIME.

19970S0125B1173 - 22 -

1 (E) (1) THE TERM OF OFFICE OF A MEMBER OF THE BOARD

2 APPOINTED:

3 (I) UNDER SUBSECTION (B)(1) THROUGH (3) SHALL BE FOUR YEARS;

4 AND

5 (II) UNDER SUBSECTION (B)(4) THROUGH (8) SHALL BE FIVE

6 YEARS.

7 (2) THE TERM OF OFFICE OF A MEMBER SHALL BEGIN ON THE DATE

8 OF APPOINTMENT. MEMBERS MAY HOLD OFFICE UNTIL THEIR SUCCESSORS

9 HAVE BEEN APPOINTED AND QUALIFIED OR UNTIL THEIR EARLIER DEATH

10 OR RESIGNATION.

11 (3) A PERSON MAY NOT SERVE MORE THAN TWO CONSECUTIVE FULL

12 TERMS ON THE BOARD.

13 (4) A PERSON APPOINTED TO THE BOARD WHEN A VACANCY OCCURS

14 DURING THE TERM OF OFFICE OF A MEMBER OF THE BOARD SHALL SERVE

15 FOR THE REMAINDER OF THE TERM. A VACANCY IN THE OFFICE OF A

16 MEMBER APPOINTED UNDER SUBSECTION (B)(4) THROUGH (7) SHALL BE

17 FILLED FOR THE BALANCE OF THE TERM BY APPOINTMENT MADE BY THE

18 PERSON WHO AT THE TIME IS THE RANKING MEMBER IN THE SAME CHAMBER

19 OF THE GENERAL ASSEMBLY AND OF THE SAME POLITICAL PARTY AS THE

20 PERSON WHO APPOINTED THE VACATING MEMBER.

21 (F) THE GOVERNOR SHALL SELECT ONE OF THE INITIAL MEMBERS OF

22 THE BOARD AS THE INTERIM CHAIR OF THE AUTHORITY AND SHALL,

23 WITHIN TEN DAYS AFTER THE EFFECTIVE DATE OF THE ESTABLISHMENT OF

24 THE AUTHORITY, SET A DATE, TIME AND PLACE FOR THE INITIAL

25 ORGANIZATIONAL MEETING OF THE BOARD. THE MEMBERS SHALL ELECT

26 FROM AMONG THEMSELVES A CHAIR, VICE-CHAIR, SECRETARY, TREASURER

27 AND OTHER OFFICERS AS THEY MAY DETERMINE. A MEMBER MAY NOT HOLD

28 MORE THAN ONE OFFICE OF THE BOARD AT ANY TIME. MEMBERS MAY SERVE

29 SUCCESSIVE TERMS AS OFFICERS OF THE BOARD.

30 (G) THE BOARD SHALL MEET AS FREQUENTLY AS IT DEEMS

19970S0125B1173 - 23 -

Senate Bill 125 Intro, Part I, II, III (you are in part I)