PART II

SENATE BILL
No. 125

1 APPROPRIATE, BUT AT LEAST ONCE A MONTH DURING THE FIRST YEAR

2 THAT THE AUTHORITY IS IN EXISTENCE AND THEREAFTER AT LEAST ONCE

3 DURING EACH QUARTER OF ITS FISCAL YEAR. IN ADDITION, A MEETING

4 OF THE BOARD SHALL BE CALLED BY THE CHAIR IF A REQUEST FOR A

5 MEETING IS SUBMITTED TO THE CHAIR BY AT LEAST TWO MEMBERS OF THE

6 BOARD. A MAJORITY OF THE MEMBERS OF THE BOARD IN OFFICE SHALL

7 CONSTITUTE A QUORUM FOR THE PURPOSE OF CONDUCTING THE BUSINESS

8 OF THE BOARD AND FOR ALL OTHER PURPOSES. THE ACTS OF A MAJORITY

9 OF THE MEMBERS OF THE BOARD TAKEN AT A MEETING OF THE BOARD AT

10 WHICH A QUORUM IS PRESENT SHALL BE THE ACTS OF THE BOARD EXCEPT

11 THAT, FOR THE PURPOSES OF MAKING DECISIONS REGARDING PERSONNEL

12 MATTERS, CONTRACTS AND CAPITAL AND OPERATING BUDGETS, THE

13 AFFIRMATIVE VOTE OF AT LEAST SIX MEMBERS OF THE BOARD SHALL BE

14 REQUIRED.

15 (H) THERE SHALL BE NON-VOTING, ADVISORY MEMBERS OF THE BOARD

16 WITH THE RIGHT TO ATTEND AND BE HEARD AT EVERY MEETING OF THE

17 BOARD WHO ARE APPOINTED AS FOLLOWS:

18 (1) AN ADVISORY MEMBER SHALL BE APPOINTED BY EACH OF THE

19 FOLLOWING:

20 (I) THE CONVENTION AND VISITORS BUREAU.

21 (II) THE PRINCIPAL TENANT OF THE BASEBALL PARK.

22 (III) THE PRINCIPAL TENANT OF THE FOOTBALL STADIUM.

23 (IV) THE PRIVATE NON-PROFIT CORPORATION WITH THE LARGEST

24 MEMBERSHIP SUPPORTING THE DEVELOPMENT OF THE ENTIRE CULTURAL

25 DISTRICT.

26 (V) THE PRIVATE NON-PROFIT CORPORATION WITH THE LARGEST

27 MEMBERSHIP SUPPORTING THE DEVELOPMENT, PRESERVATION AND

28 EXPANSION OF AFRICAN-AMERICAN CULTURE AND HISTORY IN

29 SOUTHWESTERN PENNSYLVANIA.

30 (VI) THE LABOR ORGANIZATION REPRESENTING THE LARGEST NUMBER

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1 OF MEMBERS OF THE BUILDING TRADES.

2 (2) IN ADDITION TO THE SIX ADVISORY MEMBERS PROVIDED FOR IN

3 CLAUSE (1), THE AUTHORITY MAY ALSO APPOINT ONE OR MORE OTHER

4 ADVISORY MEMBERS.

5 SECTION 3033. PURPOSES AND POWERS.--(A) (1) THE PURPOSES

6 OF THE AUTHORITY SHALL BE TO ACCOMPLISH THE FOLLOWING:

7 (I) SUPPORTING AND FINANCING THE CONSTRUCTION OF REGIONAL

8 DESTINATION FACILITIES.

9 (II) ASSURING THE EFFICIENT AND EFFECTIVE OPERATION AND

10 DEVELOPMENT OF REGIONAL DESTINATION FACILITIES.

11 (III) SUPPORTING AND FINANCING THE CONSTRUCTION OF OTHER

12 ECONOMIC DEVELOPMENT PROJECTS.

13 (2) THE ENUMERATION OF PURPOSES IN CLAUSE (1) SHALL NOT BE

14 CONSTRUED TO LIMIT THE POWERS GRANTED TO THE AUTHORITY UNDER

15 THIS ARTICLE.

16 (B) SUBJECT TO THE LIMITATIONS IN SUBSECTION (D), THE

17 AUTHORITY IS GRANTED ALL POWERS NECESSARY OR CONVENIENT FOR THE

18 CARRYING OUT OF ITS PURPOSES, INCLUDING THE FOLLOWING:

19 (1) TO HAVE CONTINUING SUCCESSION.

20 (2) TO SUE AND BE SUED, IMPLEAD AND BE IMPLEADED, COMPLAIN

21 AND DEFEND IN ALL COURTS.

22 (3) TO ADOPT, USE AND ALTER AT WILL A CORPORATE SEAL.

23 (4) TO ACQUIRE BY GIFT OR OTHERWISE, PURCHASE, HOLD,

24 RECEIVE, LEASE, SUBLEASE AND USE ANY LICENSE, FRANCHISE OR

25 PROPERTY, REAL, PERSONAL OR MIXED, TANGIBLE OR INTANGIBLE, OR

26 ANY INTEREST THEREIN, INCLUDING A REGIONAL DESTINATION FACILITY

27 OR PARTS THEREOF.

28 (5) TO SELL, TRANSFER OR DISPOSE OF ANY PROPERTY OR INTEREST

29 THEREIN FOR ADEQUATE AND FAIR CONSIDERATION.

30 (6) TO ACQUIRE, HOLD, DEVELOP, CONSTRUCT, MAINTAIN, MANAGE,

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1 OPERATE, REPAIR, OWN, LEASE OR SUBLEASE A REGIONAL DESTINATION

2 FACILITY OR PARTS THEREOF AND PROJECTS FUNDED FROM THE REGIONAL

3 GROWTH FUND.

4 (7) TO MAKE, ENTER INTO AND AWARD CONTRACTS WITH ANY PERSON

5 FOR THE DEVELOPMENT, FINANCING, CONSTRUCTION, MAINTENANCE,

6 OPERATION AND REPAIR OF REGIONAL DESTINATION FACILITIES OR PARTS

7 THEREOF AND PROJECTS FUNDED FROM THE REGIONAL GROWTH FUND.

8 (8) TO CONDUCT FINANCIAL AND PERFORMANCE REVIEWS AND AUDITS

9 OF REGIONAL DESTINATION FACILITIES AND PROJECTS FUNDED FROM THE

10 REGIONAL GROWTH FUND.

11 (9) TO CONDUCT LONG-TERM PLANNING NECESSARY FOR THE

12 EFFICIENT AND EFFECTIVE OPERATION AND DEVELOPMENT OF REGIONAL

13 DESTINATION FACILITIES AND PROJECTS FUNDED FROM THE REGIONAL

14 GROWTH FUND.

15 (10) TO MAKE BY-LAWS FOR THE REGULATION OF ITS AFFAIRS AND

16 TO PROMULGATE RULES, REGULATIONS AND POLICIES IN CONNECTION WITH

17 THE PERFORMANCE OF ITS FUNCTIONS AND DUTIES.

18 (11) (I) TO BORROW MONEY FOR THE PURPOSE OF PAYING THE

19 COSTS OF ANY PROJECT AND TO EVIDENCE SUCH BORROWING IN ANY

20 CUSTOMARY AND APPROPRIATE FASHION.

21 (II) TO MAKE AND ISSUE TAXABLE OR TAX-EXEMPT NEGOTIABLE

22 BONDS OF THE AUTHORITY AND SECURE THE PAYMENT OF THE BONDS OR

23 ANY PART OF THE BONDS BY PLEDGE OR DEED OF TRUST OF ALL OR ANY

24 OF ITS REVENUES, RENTALS, RECEIPTS AND CONTRACT RIGHTS.

25 (III) TO MAKE AGREEMENTS WITH THE PURCHASERS OR HOLDERS OF

26 THE BONDS OR WITH OTHER OBLIGEES OF THE AUTHORITY IN CONNECTION

27 WITH ANY BONDS, WHETHER ISSUED OR TO BE ISSUED, AS THE AUTHORITY

28 SHALL DEEM ADVISABLE, WHICH AGREEMENTS SHALL CONSTITUTE

29 CONTRACTS WITH THE HOLDERS OR PURCHASERS.

30 (IV) TO OBTAIN CREDIT ENHANCEMENT OR LIQUIDITY FACILITIES IN

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1 CONNECTION WITH ANY BONDS AS THE AUTHORITY SHALL DETERMINE TO BE

2 ADVANTAGEOUS.

3 (V) TO PROVIDE, IN GENERAL, FOR THE SECURITY FOR THE BONDS

4 AND FOR THE RIGHTS OF THE HOLDERS OF THE BONDS.

5 (12) TO MAKE, ENTER INTO AND AWARD CONTRACTS OF EVERY NAME

6 AND NATURE AND TO EXECUTE ALL INSTRUMENTS NECESSARY OR

7 CONVENIENT FOR THE CARRYING OUT OF ITS BUSINESS.

8 (13) TO BORROW MONEY AND ACCEPT GRANTS AND TO ENTER INTO

9 CONTRACTS, LEASES, SUBLEASES, LICENSES OR OTHER TRANSACTIONS

10 WITH ANY FEDERAL AGENCY, STATE PUBLIC BODY, POLITICAL

11 SUBDIVISION OR PERSON.

12 (14) TO MORTGAGE, PLEDGE, HYPOTHECATE OR OTHERWISE ENCUMBER

13 ANY OF ITS PROPERTY, REAL, PERSONAL OR MIXED, TANGIBLE OR

14 INTANGIBLE, AND ITS REVENUES OR RECEIPTS, INCLUDING, BUT NOT

15 LIMITED TO, ANY TAX REVENUES OR INTEREST THE AUTHORITY MAY HAVE

16 IN ANY LEASE OR SUBLEASE OF REGIONAL DESTINATION FACILITIES OR

17 PARTS OF REGIONAL DESTINATION FACILITIES.

18 (15) TO PROCURE INSURANCE CONTAINING COVERAGE, INCLUDING,

19 WITHOUT LIMITATION, INSURANCE COVERING THE TIMELY PAYMENT IN

20 FULL OF PRINCIPAL AND INTEREST ON BONDS OF THE AUTHORITY, IN THE

21 AMOUNTS AND FROM THE INSURERS THE AUTHORITY MAY DETERMINE TO BE

22 NECESSARY OR DESIRABLE FOR ITS PURPOSES.

23 (16) TO INVEST ITS MONEY.

24 (17) TO COOPERATE WITH ANY FEDERAL AGENCY, STATE PUBLIC BODY

25 OR POLITICAL SUBDIVISION.

26 (18) TO INVEST ANY FUNDS NOT REQUIRED FOR IMMEDIATE

27 DISBURSEMENT IN RESERVE OR SINKING FUNDS.

28 (19) TO APPOINT ALL OFFICERS, AGENTS AND EMPLOYES REQUIRED

29 FOR THE PERFORMANCE OF ITS DUTIES AND FIX AND DETERMINE THEIR

30 QUALIFICATIONS, DUTIES AND COMPENSATION AND TO RETAIN OR EMPLOY

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1 OTHER AGENTS OR CONSULTANTS.

2 (20) TO ENROLL ITS EMPLOYES IN A RETIREMENT SYSTEM,

3 INCLUDING AN EXISTING RETIREMENT SYSTEM OF A PARTICIPATING

4 COUNTY OR ANY OTHER GOVERNMENTAL ENTITY LOCATED WITHIN A

5 PARTICIPATING COUNTY.

6 (21) TO APPOINT AND FIX THE COMPENSATION OF CHIEF COUNSEL

7 AND ASSISTANT COUNSEL, WHO SHALL NOT BE REQUIRED TO BE EMPLOYES

8 OF THE AUTHORITY, TO PROVIDE IT WITH LEGAL ASSISTANCE.

9 NOTWITHSTANDING THE PROVISIONS OF 42 PA.C.S. § 8525 (RELATING TO

10 LEGAL ASSISTANCE), THE AUTHORITY THROUGH ITS COUNSEL SHALL

11 DEFEND ACTIONS BROUGHT AGAINST THE AUTHORITY AND ITS OFFICERS

12 AND EMPLOYES WHEN ACTING WITHIN THE SCOPE OF THEIR OFFICIAL

13 DUTIES.

14 (22) TO DO ALL ACTS AND THINGS NECESSARY OR CONVENIENT FOR

15 THE PROMOTION OF ITS PURPOSES AND THE GENERAL WELFARE OF THE

16 AUTHORITY AND TO CARRY OUT THE POWERS GRANTED TO IT BY THIS

17 ARTICLE OR ANY OTHER ACTS.

18 (C) THE AUTHORITY, UPON MAKING A FINDING THAT IT IS

19 NECESSARY OR CONVENIENT TO ACQUIRE ANY REAL OR PERSONAL PROPERTY

20 IN THE CENTRAL CITY FOR ITS IMMEDIATE OR FUTURE USE FOR PURPOSES

21 RELATED TO THE CONSTRUCTION OF REGIONAL DESTINATION FACILITIES

22 OR RELATED DEVELOPMENTS, MAY ACQUIRE PROPERTY BY THE EXERCISE OF

23 THE POWER OF EMINENT DOMAIN PURSUANT TO THE ACT OF JUNE 22, 1964

24 (SP.SESS., P.L.84, NO.6), KNOWN AS THE "EMINENT DOMAIN CODE,"

25 AND FOR THOSE PURPOSES SHALL HAVE THE POWER OF EMINENT DOMAIN.

26 THE AUTHORITY MAY USE ITS EMINENT DOMAIN POWER TO ACQUIRE

27 PROPERTY ALREADY DEVOTED TO A PUBLIC USE, EXCEPT THAT THE POWER

28 MAY NOT BE USED TO ACQUIRE PROPERTY OWNED OR USED BY THE

29 COMMONWEALTH. THE BOARD SHALL NOT EXERCISE THE AUTHORITY'S

30 EMINENT DOMAIN POWER WITHOUT THE APPROVAL OF THE MAYOR OF THE

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1 CENTRAL CITY AND THE MEMBERS OF THE BOARD APPOINTED PURSUANT TO

2 SECTION 3032(B)(1) AND (3).

3 (D) NOTWITHSTANDING ANY PURPOSE OF THE AUTHORITY OR A

4 GENERAL OR SPECIFIC POWER GRANTED BY THIS ARTICLE OR ANY OTHER

5 ACT, WHETHER EXPRESS OR IMPLIED, THE FOLLOWING LIMITATIONS AND

6 CONDITIONS SHALL APPLY TO THE OPERATIONS OF THE AUTHORITY:

7 (1) THE AUTHORITY SHALL HAVE NO POWER TO PLEDGE THE CREDIT

8 OR TAXING POWERS OF THE COMMONWEALTH OR ANY OTHER GOVERNMENT

9 AGENCY EXCEPT THE CREDIT OF THE AUTHORITY NOR SHALL ANY OF THE

10 BONDS OF THE AUTHORITY BE DEEMED A DEBT OR LIABILITY OF THE

11 COMMONWEALTH OR OF ANY OTHER GOVERNMENT AGENCY, EXCEPT AS

12 OTHERWISE AGREED BY THE COMMONWEALTH OR A GOVERNMENT AGENCY.

13 (2) NEITHER THE COMMONWEALTH NOR ANY GOVERNMENT AGENCY

14 EXCEPT THE AUTHORITY SHALL BE LIABLE FOR PAYMENT OF THE

15 PRINCIPAL OR MATURITY VALUE OF, OR INTEREST OR PREMIUM ON ANY OF

16 THE BONDS OF THE AUTHORITY, EXCEPT AS OTHERWISE AGREED BY THE

17 COMMONWEALTH OR A GOVERNMENT AGENCY.

18 (3) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE OR ANY

19 OTHER ACT TO THE CONTRARY OR OF ANY IMPLICATION THAT MAY BE

20 DRAWN FROM THIS ARTICLE OR ANY OTHER ACT, THE COMMONWEALTH AND

21 ALL OTHER GOVERNMENT AGENCIES, EXCEPT THE AUTHORITY, SHALL HAVE

22 NO LEGAL OR MORAL OBLIGATION FOR THE PAYMENT OF ANY EXPENSES OR

23 OBLIGATIONS OF THE AUTHORITY, INCLUDING, BUT NOT LIMITED TO,

24 BOND PRINCIPAL AND INTEREST, THE FUNDING OR REFUNDING OF ANY

25 RESERVE AND ANY ADMINISTRATIVE OR OPERATING EXPENSES WHATSOEVER,

26 EXCEPT AS OTHERWISE AGREED TO BY THE COMMONWEALTH OR ANOTHER

27 GOVERNMENT AGENCY.

28 (4) BONDS OF THE AUTHORITY SHALL CONTAIN A PROMINENT

29 STATEMENT OF THE LIMITATIONS SET FORTH IN THIS SUBSECTION AND A

30 FURTHER STATEMENT TO THE EFFECT THAT OBLIGEES OF THE AUTHORITY

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1 SHALL HAVE NO RECOURSE, EITHER LEGAL OR MORAL, TO THE

2 COMMONWEALTH OR TO ANY OTHER GOVERNMENT AGENCY FOR PAYMENT OF

3 THE BONDS, EXCEPT AS OTHERWISE AGREED TO BY THE COMMONWEALTH OR

4 ANOTHER GOVERNMENT AGENCY.

5 (5) THE AUTHORITY SHALL NOT ASSUME THE RESPONSIBILITY OF

6 EMPLOYING PERSONNEL DIRECTLY ENGAGED IN THE OPERATION OF

7 REGIONAL DESTINATION FACILITIES DESCRIBED IN CLAUSES (1) AND (4)

8 OF THE DEFINITION OF REGIONAL DESTINATION FACILITY, BUT MAY

9 ENTER INTO CONTRACTS FOR THE OPERATION, MAINTENANCE AND ON-GOING

10 IMPROVEMENT OF THOSE FACILITIES WITH PUBLIC AND PRIVATE

11 ORGANIZATIONS THAT HAVE EXPERTISE IN OPERATING THE TYPE OF

12 FACILITY INVOLVED.

13 (6) THE AUTHORITY SHALL NOT OPERATE, MAINTAIN OR, AFTER THE

14 COMPLETION OF INITIAL CONSTRUCTION, DESIGN OR PERFORM SUBSEQUENT

15 IMPROVEMENTS TO THE BASEBALL PARK OR FOOTBALL STADIUM, BUT SHALL

16 CONTRACT FOR THE PERFORMANCE OF THOSE FUNCTIONS WITH THE

17 PRINCIPAL TENANT OF EACH OF THOSE FACILITIES.

18 SECTION 3034. FISCAL MATTERS.--(A) THE FISCAL YEAR OF THE

19 AUTHORITY SHALL COMMENCE ON JULY 1 OF EACH YEAR AND END ON JUNE

20 30 OF THE NEXT YEAR, EXCEPT AS OTHERWISE PROVIDED BY THE BOARD.

21 (B) THE BOARD OF THE AUTHORITY SHALL, NO LATER THAN THE

22 START OF EACH FISCAL YEAR, PREPARE A COMPREHENSIVE ANNUAL REPORT

23 OF ITS ACTIVITIES AND OPERATIONS FOR THE PREVIOUS YEAR, MAKE THE

24 REPORT PUBLICLY AVAILABLE AND CONDUCT PUBLIC MEETINGS AND

25 HEARINGS TO RECEIVE PUBLIC COMMENTS AND RECOMMENDATIONS

26 REGARDING THE ACTIVITIES AND OPERATIONS OF THE BOARD. THE BOARD

27 SHALL FORWARD A COPY OF THE ANNUAL REPORT EACH YEAR TO THE

28 GOVERNOR AND TO THE GENERAL ASSEMBLY.

29 (C) THE BOARD SHALL PROVIDE FOR AN ANNUAL AUDIT OF THE

30 AUTHORITY BY AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTING FIRM.

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1 SECTION 3035. INITIAL FINANCIAL PLAN.--(A) IMMEDIATELY UPON

2 THE CREATION OF THE AUTHORITY, THE BOARD SHALL COMMENCE THE

3 NEGOTIATION, WITH SUCH PUBLIC OR PRIVATE ENTITIES AS IT

4 CONSIDERS APPROPRIATE, OF AGREEMENTS RELATING TO THE

5 CONSTRUCTION OF REGIONAL DESTINATION FACILITIES. AGREEMENTS

6 REGARDING THE CONSTRUCTION OF THE BASEBALL PARK AND THE FOOTBALL

7 STADIUM SHALL PROVIDE THAT THOSE FACILITIES SHALL NOT BE OWNED

8 BY THE TEAMS THAT WILL BE THEIR PRINCIPAL TENANTS, BUT THAT THE

9 AUTHORITY SHALL EITHER OWN OR ENTER INTO LONG-TERM LEASES WITH

10 THE OWNER OF THE LAND, BUILDING AND FIXTURES FOR EACH OF THOSE

11 FACILITIES REGARDLESS OF WHAT PUBLIC OR PRIVATE ENTITIES ARE

12 RESPONSIBLE FOR THE CONSTRUCTION OF THOSE FACILITIES. EACH

13 AGREEMENT REGARDING A REGIONAL DESTINATION FACILITY SHALL

14 PROVIDE FOR:

15 (1) THE DEVELOPMENT OF LONG-TERM PLANS FOR THE FINANCING,

16 DEVELOPMENT AND OPERATION OF THE FACILITY.

17 (2) PERFORMANCE AND FINANCIAL GOALS, OBJECTIVES AND

18 STANDARDS FOR THE OPERATION OF THE FACILITY.

19 (3) ASSURANCES THAT ADEQUATE MEASURES WILL BE UNDERTAKEN TO

20 MAINTAIN AND IMPROVE THE FACILITY.

21 (4) ASSURANCES THAT THE OPERATING AND CAPITAL BUDGETING FOR

22 THE FACILITY WILL OCCUR IN A FINANCIALLY RESPONSIBLE MANNER.

23 (B) PRIOR TO THE START OF THE FIRST FULL FISCAL YEAR OF THE

24 AUTHORITY, THE BOARD SHALL ADOPT, IN ADDITION TO THE OPERATING

25 AND CAPITAL BUDGETS REQUIRED UNDER SECTIONS 3036 AND 3037, LONG-

26 TERM BUDGETS FOR THE REGIONAL DESTINATION FACILITIES FUND AND

27 THE REGIONAL GROWTH FUND. THE LONG-TERM BUDGET FOR THE REGIONAL

28 DESTINATION FACILITIES FUND SHALL ESTIMATE THE TOTAL REVENUES

29 REQUIRED TO COMPLETE THE CONSTRUCTION OF ALL OF THE PROJECTS

30 INCLUDED IN THE DEFINITION OF REGIONAL DESTINATION FACILITY AND

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1 THE AMOUNT OF REVENUES TO BE RECEIVED BY THE AUTHORITY DURING

2 THE FIRST SEVEN CALENDAR YEARS OF ITS EXISTENCE. AT LEAST NINETY

3 DAYS BEFORE COMMENCEMENT OF THE SECOND AND THIRD FULL FISCAL

4 YEARS OF THE AUTHORITY, THE BOARD SHALL UPDATE AND REVISE THE

5 OPERATING AND CAPITAL BUDGETS AS REQUIRED UNDER THE LONG-TERM

6 BUDGET.

7 SECTION 3036. CAPITAL BUDGETS.--(A) AT LEAST NINETY DAYS

8 BEFORE COMMENCEMENT OF THE ENSUING FISCAL YEAR OF THE AUTHORITY,

9 THE BOARD SHALL CAUSE TO BE PREPARED AND SUBMITTED TO IT

10 RECOMMENDED CAPITAL BUDGETS RELATING TO THE REGIONAL DESTINATION

11 FACILITIES FUND AND THE REGIONAL GROWTH FUND. THE CAPITAL

12 BUDGETS SHALL SHOW IN DETAIL THE CAPITAL EXPENDITURES TO BE MADE

13 OR INCURRED IN THE NEXT FISCAL YEAR WHICH ARE TO BE FINANCED

14 FROM EACH FUND. THE CAPITAL BUDGETS SHALL BE ADOPTED BY THE

15 BOARD NO LATER THAN THE DATE OF THE ADOPTION OF ITS ANNUAL

16 OPERATING BUDGET AS REQUIRED UNDER SECTION 3037.

17 (B) EXCEPT FOR PROJECTS CONTAINED IN A COUNTY GROWTH PLAN,

18 A MAJORITY OF THE MEMBERS OF THE BOARD WHO ARE RESIDENTS OF A

19 PARTICULAR PARTICIPATING COUNTY MUST VOTE IN FAVOR OF THE

20 INCLUSION IN A CAPITAL BUDGET FOR THE REGIONAL GROWTH FUND OF

21 ANY EXPENDITURE RELATING TO A PROJECT WITHIN THAT COUNTY.

22 PROJECTS CONTAINED IN A COUNTY GROWTH PLAN SHALL BE APPROVED IN

23 ACCORDANCE WITH THE PROVISIONS OF SECTIONS 3021 AND 3022.

24 (C) THE BOARD SHALL CONDUCT AN ANNUAL PUBLIC HEARING

25 REGARDING THE PROPOSED ANNUAL CAPITAL BUDGET FOR THE REGIONAL

26 GROWTH FUND.

27 SECTION 3037. OPERATING BUDGET.--(A) AT LEAST NINETY DAYS

28 BEFORE COMMENCEMENT OF THE ENSUING FISCAL YEAR OF THE AUTHORITY,

29 THE BOARD SHALL CAUSE TO BE PREPARED AND SUBMITTED TO IT A

30 RECOMMENDED OPERATING BUDGET. THE OPERATING BUDGET SHALL SET

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1 FORTH THE ESTIMATED RECEIPTS AND REVENUES OF THE AUTHORITY

2 DURING THE NEXT FISCAL YEAR. THE OPERATING BUDGET FOR THE NEXT

3 FISCAL YEAR SHALL BE ADOPTED BY THE BOARD AT LEAST THIRTY DAYS

4 BEFORE THE END OF THE CURRENT FISCAL YEAR.

5 (B) THE MONEY NECESSARY TO PAY THE ADMINISTRATIVE EXPENSES

6 OF THE AUTHORITY DURING EACH FISCAL YEAR MAY BE DRAWN FROM THE

7 REGIONAL DESTINATION FACILITIES FUND AND THE REGIONAL GROWTH

8 FUND. ANY MONEYS SO DRAWN SHALL BE DRAWN FROM THE FUNDS IN

9 PROPORTION TO THE AMOUNT OF TIME AND EXPENSE INVOLVED IN

10 ADMINISTERING EACH FUND. THE AUTHORITY SHALL NOT USE MORE THAN

11 ONE PER CENTUM OF THE TOTAL REVENUES FROM THE TAXES IMPOSED

12 PURSUANT TO SECTIONS 3051 THROUGH 3057 TO PAY THE ADMINISTRATIVE

13 EXPENSES OF THE AUTHORITY.

14 (C) THE BOARD SHALL CONDUCT PUBLIC HEARINGS AND MEETINGS

15 REGARDING ITS OPERATING BUDGET.

16 SECTION 3038. RESTRICTIONS UPON ACTIVITIES OF BOARD MEMBERS

17 AND EMPLOYES.--A MEMBER OF THE BOARD OR AN EMPLOYE OF THE

18 AUTHORITY SHALL NOT, CONCURRENT WITH THE SERVICE OF THE MEMBER

19 OR EMPLOYE WITH THE AUTHORITY, BE A PARTY OFFICER, PUBLIC

20 OFFICER, PUBLIC OFFICIAL, PUBLIC EMPLOYE OR A MEMBER OF THE

21 IMMEDIATE FAMILY OF A PARTY OFFICER, PUBLIC OFFICER OR PUBLIC

22 OFFICIAL. THIS SECTION SHALL NOT APPLY TO MEMBERS OF THE BOARD

23 APPOINTED PURSUANT TO SECTION 3032(B)(4) THROUGH (8).

24 (B) THE PROVISIONS OF THE ACT OF OCTOBER 4, 1978 (P.L.883,

25 NO.170), REFERRED TO AS THE PUBLIC OFFICIAL AND EMPLOYEE ETHICS

26 LAW, AND THE ACT OF JULY 19, 1957 (P.L.1017, NO.451), KNOWN AS

27 THE "STATE ADVERSE INTEREST ACT," ARE HEREBY MADE SPECIFICALLY

28 APPLICABLE TO BOARD MEMBERS, OFFICERS AND EMPLOYES OF THE

29 AUTHORITY. FOR THE PURPOSES OF APPLICATION OF SUCH ACTS,

30 EMPLOYES OF THE AUTHORITY SHALL BE REGARDED AS PUBLIC EMPLOYES

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1 OF THE COMMONWEALTH, AND OFFICERS OR BOARD MEMBERS OF THE

2 AUTHORITY SHALL BE REGARDED AS PUBLIC OFFICIALS OF THE

3 COMMONWEALTH, WHETHER OR NOT THEY RECEIVE COMPENSATION. THE

4 AUTHORITY SHALL ALSO BE SUBJECT TO THE ACT OF JULY 3, 1986

5 (P.L.388, NO.84), KNOWN AS THE "SUNSHINE ACT," RELATING TO OPEN

6 MEETINGS, AND THE ACT OF JUNE 21, 1957 (P.L.390, NO.212),

7 REFERRED TO AS THE RIGHT-TO-KNOW LAW, RELATING TO THE INSPECTION

8 AND COPYING OF PUBLIC RECORDS.

9 SECTION 3039. EXEMPTION FROM TAXATION.--THE EFFECTUATION OF

10 THE AUTHORIZED PURPOSE OF THE AUTHORITY SHALL AND WILL BE IN ALL

11 RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THIS COMMONWEALTH, FOR

12 THE INCREASE OF THEIR COMMERCE AND PROSPERITY AND FOR THE

13 IMPROVEMENT OF THEIR HEALTH AND LIVING CONDITIONS; AND, SINCE AS

14 A PUBLIC INSTRUMENTALITY IT WILL BE PERFORMING ESSENTIAL

15 GOVERNMENTAL FUNCTIONS IN EFFECTUATING SUCH PURPOSES, THE

16 AUTHORITY SHALL NOT BE REQUIRED TO PAY ANY TAXES OR ASSESSMENTS

17 UPON ANY PROPERTY ACQUIRED OR USED BY IT FOR SUCH PURPOSES, AND

18 THE BONDS ISSUED BY THE AUTHORITY AND THE INTEREST AND INCOME

19 THEREFROM SHALL AT ALL TIMES BE FREE FROM STATE AND LOCAL

20 TAXATION.

21 (D) BONDS AND FUNDS OF AUTHORITY

22 SECTION 3041. BONDS.--THE AUTHORITY MAY AUTHORIZE ISSUES OF

23 BONDS, SELL BONDS, USE NET PROCEEDS OF BOND SALES, REFUND BONDS,

24 ADOPT PLEDGES, MORTGAGES, COVENANTS, INDENTURES AND TRUSTS,

25 EXERCISE REMEDIES AND CONFER ADDITIONAL REMEDIES UPON PERSONS

26 HOLDING BONDS IN THE SAME MANNER AS PROVIDED BY SECTIONS 7

27 THROUGH 10 OF THE ACT OF JUNE 27, 1986 (P.L.267, NO.70), KNOWN

28 AS THE "PENNSYLVANIA CONVENTION CENTER AUTHORITY ACT," AS IN

29 EFFECT ON (THE LEGISLATIVE REFERENCE BUREAU SHALL INSERT HERE

30 THE EFFECTIVE DATE OF THIS ARTICLE).

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1 SECTION 3042. GOVERNMENTAL IMMUNITY.--IT IS HEREBY DECLARED

2 TO BE THE INTENT OF THE GENERAL ASSEMBLY THAT THE AUTHORITY AND

3 ITS OFFICERS, OFFICIALS AND EMPLOYES SHALL ENJOY GOVERNMENTAL

4 IMMUNITY EXCEPT AS PROVIDED BY AND SUBJECT TO THE PROVISIONS OF

5 42 PA.C.S. CH. 85 SUBCHS. A (RELATING TO GENERAL PROVISIONS) AND

6 C (RELATING TO ACTIONS AGAINST LOCAL PARTIES).

7 SECTION 3043. FUNDS OF AUTHORITY.--ALL MONEYS OF THE

8 AUTHORITY FROM WHATEVER SOURCE DERIVED SHALL BE PAID TO THE

9 TREASURER OF THE AUTHORITY AND INVESTED IN THE SAME MANNER AS IS

10 PROVIDED FOR IN SECTION 13(A) THROUGH (D) OF THE ACT OF JUNE 27,

11 1986 (P.L.267, NO.70), KNOWN AS THE "PENNSYLVANIA CONVENTION

12 CENTER AUTHORITY ACT," AS IN EFFECT ON (THE LEGISLATIVE

13 REFERENCE BUREAU SHALL INSERT HERE THE EFFECTIVE DATE OF THIS

14 ARTICLE).

15 SECTION 3044. TRANSFER OF FUNDS.--(A) (1) THE CENTRAL

16 CITY, THE CENTRAL COUNTY OR ANY CONTIGUOUS COUNTY, REGARDLESS OF

17 WHETHER ANY SUCH COUNTY IS A PARTICIPATING COUNTY, AND ANY

18 SPECIAL-PURPOSE AREA-WIDE UNIT OF LOCAL GOVERNMENT LOCATED OR

19 OPERATING IN WHOLE OR IN PART IN ANY SUCH COUNTY MAY AND ARE

20 HEREBY AUTHORIZED TO MAKE GRANTS FROM CURRENT AND FUTURE

21 REVENUES TO THE AUTHORITY AND TO ASSIST IN DEFRAYING THE COSTS

22 OF MANAGING, OPERATING, MAINTAINING, FINANCING AND SERVICING THE

23 DEBT OF REGIONAL DESTINATION FACILITIES OR PARTS OF REGIONAL

24 DESTINATION FACILITIES, TO ENTER INTO LONG-TERM AGREEMENTS

25 PROVIDING FOR PAYMENT OF THE COSTS AND TO ENTER INTO LONG-TERM

26 LEASES OR SUBLEASES AS LESSEE OR SUBLESSEE OF ALL OR PART OF A

27 REGIONAL DESTINATION FACILITY.

28 (2) SUCH A CITY OR COUNTY MAY ISSUE GENERAL OBLIGATION BONDS

29 FOR THE PURPOSE OF OBTAINING FUNDS FOR THE ACQUISITION OR

30 IMPROVEMENT OF REGIONAL DESTINATION FACILITIES OR PARTS OF

19970S0125B1173 - 35 -

1 REGIONAL DESTINATION FACILITIES.

2 (B) THE COMMONWEALTH MAY CONTRIBUTE TO THE CAPITAL COSTS OF

3 CONSTRUCTING REGIONAL DESTINATION FACILITIES BY THE ISSUANCE OF

4 COMMONWEALTH BONDS AND NOTES UNDER ARTICLE XVI-B OF THE ACT OF

5 APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS "THE FISCAL CODE." A

6 PROJECT UNDERTAKEN BY THE AUTHORITY IS HEREBY DEEMED TO BE A

7 REDEVELOPMENT ASSISTANCE PROJECT UNDER WHICH CAPITAL FUNDS OF

8 THE COMMONWEALTH MAY BE EXPENDED UNDER THE PROVISIONS OF THE ACT

9 OF MAY 20, 1949 (P.L.1633, NO.493), KNOWN AS THE "HOUSING AND

10 REDEVELOPMENT ASSISTANCE LAW," AND, NOTWITHSTANDING ANY

11 PROVISIONS OF THE "HOUSING AND REDEVELOPMENT ASSISTANCE LAW,"

12 THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT IS HEREBY

13 AUTHORIZED TO MAKE CAPITAL GRANTS DIRECTLY TO THE AUTHORITY.

14 (E) ADDITIONAL SALES AND USE TAXES

15 SECTION 3051. CONSTRUCTION OF SECTIONS 3051 THROUGH 3057.--

16 THE TAX IMPOSED UNDER SECTIONS 3051 THROUGH 3057 SHALL BE IN

17 ADDITION TO ANY TAX IMPOSED BY THE COMMONWEALTH UNDER ARTICLE II

18 OF THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE "TAX

19 REFORM CODE OF 1971." EXCEPT FOR THE DIFFERING SITUS PROVISIONS

20 IN SECTION 3053, THE PROVISIONS OF ARTICLE II OF THE "TAX REFORM

21 CODE OF 1971" SHALL APPLY TO THE TAX.

22 SECTION 3052. IMPOSITION OF ADDITIONAL SALES AND USE

23 TAXES.--(A) IF THE ELECTORATE IN A PARTICULAR COUNTY APPROVES

24 THE REFERENDUM PROVIDED FOR IN SECTION 3054 LEVYING THE TAXES

25 AUTHORIZED IN THIS SECTION, THERE SHALL BE LEVIED, ASSESSED AND

26 COLLECTED UPON EACH SEPARATE SALE AT RETAIL OF TANGIBLE PERSONAL

27 PROPERTY OR SERVICES, AS DEFINED IN ARTICLE II OF THE ACT OF

28 MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE "TAX REFORM CODE OF

29 1971," WITHIN THE BOUNDARIES OF THE PARTICIPATING COUNTY, A TAX

30 ON THE PURCHASE PRICE. THE TAX SHALL BE COLLECTED BY THE VENDOR

19970S0125B1173 - 36 -

1 FROM THE PURCHASER AND SHALL BE PAID OVER TO THE COMMONWEALTH

2 FOR DEPOSIT IN THE REGIONAL DESTINATION FACILITIES FUND AND THE

3 REGIONAL GROWTH FUND AS PROVIDED IN SUBSECTION (F).

4 (B) IN EACH PARTICIPATING COUNTY IN WHICH THE ELECTORATE

5 APPROVES THE REFERENDUM LEVYING THE TAX AUTHORIZED IN SUBSECTION

6 (A), THERE SHALL BE LEVIED, ASSESSED AND COLLECTED UPON THE USE,

7 WITHIN THE COUNTY, OF TANGIBLE PERSONAL PROPERTY PURCHASED AT

8 RETAIL AND ON SERVICES PURCHASED AT RETAIL AS DEFINED IN ARTICLE

9 II OF THE "TAX REFORM CODE OF 1971," A TAX ON THE PURCHASE

10 PRICE. THE TAX SHALL BE PAID OVER TO THE COMMONWEALTH BY THE

11 PERSON WHO MAKES THE USE FOR DEPOSIT IN THE REGIONAL DESTINATION

12 FACILITIES FUND AND THE REGIONAL GROWTH FUND AS PROVIDED IN

13 SUBSECTION (F). THE USE TAX IMPOSED UNDER THIS SUBSECTION SHALL

14 NOT BE PAID OVER TO THE COMMONWEALTH BY ANY PERSON WHO HAS PAID

15 THE TAX IMPOSED BY SUBSECTION (A) OR WHO HAS PAID THE TAX

16 IMPOSED BY THIS SUBSECTION TO THE VENDOR WITH RESPECT TO THE

17 USE.

18 (C) THE TAXES AUTHORIZED BY SUBSECTIONS (A) AND (B) SHALL BE

19 IMPOSED AT THE RATE OF ONE-HALF PER CENTUM AND SHALL BE UNIFORM,

20 UPON THE SAME CLASS OF SUBJECTS, WITHIN THE TERRITORIAL LIMITS

21 OF THE PARTICIPATING COUNTIES.

22 (D) THE TAXES IMPOSED BY SUBSECTIONS (A) AND (B) SHALL BE

23 COLLECTED ONLY ON SALES OR USES OCCURRING DURING THE SEVEN-YEAR

24 PERIOD FROM JULY 1, 1998, THROUGH JUNE 30, 2005.

25 (E) THE TAXES IMPOSED UNDER SUBSECTIONS (A) AND (B) SHALL BE

26 COMPUTED IN THE MANNER SET FORTH IN SECTION 503(E) OF THE ACT OF

27 JUNE 5, 1991 (P.L.9, NO.6), KNOWN AS THE "PENNSYLVANIA

28 INTERGOVERNMENTAL COOPERATION AUTHORITY ACT FOR CITIES OF THE

29 FIRST CLASS."

30 (F) THE TAXES IMPOSED UNDER SUBSECTIONS (A) AND (B), AND ANY

19970S0125B1173 - 37 -

1 INTEREST AND PENALTIES THEREON, SHALL BE RECEIVED BY THE

2 DEPARTMENT AND PAID BY THE STATE TREASURER AS FOLLOWS:

3 (1) SEVENTY-FIVE PER CENTUM OF THE TAXES, INTEREST AND

4 PENALTIES COLLECTED IN THE CENTRAL COUNTY SHALL BE PAID TO THE

5 REGIONAL DESTINATION FACILITIES FUND AND TWENTY-FIVE PER CENTUM

6 TO THE REGIONAL GROWTH FUND.

7 (2) TWENTY-FIVE PER CENTUM OF THE TAXES, INTEREST AND

8 PENALTIES COLLECTED IN EACH CONTIGUOUS COUNTY THAT IS A

9 PARTICIPATING COUNTY SHALL BE PAID TO THE REGIONAL DESTINATION

10 FACILITIES FUND AND SEVENTY-FIVE PER CENTUM TO THE REGIONAL

11 GROWTH FUND.

12 (G) THE GOVERNING BODY OF A COUNTY IN WHICH THE ELECTORATE

13 HAS APPROVED A REFERENDUM LEVYING THE TAXES PROVIDED FOR IN

14 SECTIONS 3051 THROUGH 3057 SHALL NOT BE REQUIRED TO ADOPT AN

15 ORDINANCE LEVYING THE TAX. INSTEAD, UPON APPROVAL OF THE

16 REFERENDUM AS PROVIDED IN SECTION 3054, THOSE TAXES WILL BE

17 DEEMED TO HAVE BEEN LEVIED BY THE GOVERNING BOARD PURSUANT TO

18 THE REQUIREMENTS OF SECTIONS 3051 THROUGH 3057.

19 SECTION 3053. SITUS.--THE SITUS OF SALES AT RETAIL OR USES,

20 INCLUDING LEASES, OF MOTOR VEHICLES, AIRCRAFT, MOTORCRAFT AND

21 UTILITY SERVICES SHALL BE DETERMINED IN THE MANNER SPECIFIED BY

22 SECTION 504 OF THE ACT OF JUNE 5, 1991 (P.L.9, NO.6), KNOWN AS

23 THE "PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY ACT

24 FOR CITIES OF THE FIRST CLASS."

25 SECTION 3054. REFERENDA LEVYING ADDITIONAL TAXES.--(A) THE

26 COUNTY BOARD OF ELECTIONS OF THE CENTRAL COUNTY AND EACH

27 CONTIGUOUS COUNTY SHALL CAUSE TO BE PRINTED ON THE OFFICIAL

28 BALLOT AND BALLOT LABELS AT THE MUNICIPAL ELECTION IN NOVEMBER

29 1997 A REFERENDUM TO DETERMINE THE WILL OF THE ELECTORATE WITHIN

30 THE COUNTY WITH RESPECT TO LEVYING THE ADDITIONAL SALES AND USE

19970S0125B1173 - 38 -

1 TAXES PROVIDED FOR IN SECTIONS 3051 THROUGH 3057.

2 (B) THE QUESTION AS PRINTED ON THE OFFICIAL BALLOT AND

3 BALLOT LABELS IN THE CENTRAL COUNTY SHALL BE IN THE FOLLOWING

4 FORM:

5 REGIONAL RENAISSANCE INITIATIVE

6 DO YOU FAVOR SUPPORTING JOB CREATION PROJECTS IN THIS

7 COUNTY BY TEMPORARILY INCREASING THE SALES TAX BY 0.5%

8 FOR SEVEN YEARS, WITH 75% OF THE REVENUES USED TO FUND

9 NOT MORE THAN 1/2 THE COST OF EXPANDING THE LAWRENCE

10 CONVENTION CENTER, AND CONSTRUCTING FACILITIES IN THE

11 CULTURAL DISTRICT, A BASEBALL PARK, AND A FOOTBALL

12 STADIUM; AND WITH THE REMAINING 25% OF THE REVENUES USED

13 FOR OTHER ECONOMIC DEVELOPMENT PROJECTS IN ALLEGHENY

14 COUNTY?

15 (C) THE QUESTION AS PRINTED ON THE OFFICIAL BALLOT AND

16 BALLOT LABELS IN THE CONTIGUOUS COUNTIES SHALL BE IN THE

17 FOLLOWING FORM:

18 REGIONAL RENAISSANCE INITIATIVE

19 DO YOU FAVOR SUPPORTING JOB CREATION PROJECTS IN THIS

20 COUNTY BY TEMPORARILY INCREASING THE SALES TAX BY 0.5%

21 FOR SEVEN YEARS, WITH 75% OF THE REVENUES USED FOR

22 ECONOMIC DEVELOPMENT, TRANSPORTATION AND TOURISM PROJECTS

23 IN (NAME) COUNTY; AND WITH 25% OF THE REVENUES USED TO

24 FUND NOT MORE THAN 1/2 THE COST OF EXPANDING THE LAWRENCE

25 CONVENTION CENTER AND CONSTRUCTING FACILITIES IN THE

26 CULTURAL DISTRICT, A BASEBALL PARK AND A FOOTBALL STADIUM

27 IN PITTSBURGH?

28 (D) THE REFERENDA REQUIRED UNDER THIS SECTION SHALL BE

29 ADVERTISED AND CONDUCTED IN ACCORDANCE WITH THE ACT OF JUNE 3,

30 1937 (P.L.1333, NO.320), KNOWN AS THE "PENNSYLVANIA ELECTION

19970S0125B1173 - 39 -

1 CODE."

2 (E) EXCEPT AS PROVIDED IN SUBSECTIONS (F), (G) AND (H), UPON

3 CERTIFICATION THAT THE REFERENDUM PROVIDED FOR IN SUBSECTION (A)

4 HAS BEEN APPROVED IN ANY COUNTY, THE AUTHORITY SHALL BE

5 ESTABLISHED AS PROVIDED IN SECTION 3031.

6 (F) IF THE REFERENDUM PROVIDED FOR IN THIS SECTION IS NOT

7 APPROVED BY THE VOTERS IN THE CENTRAL COUNTY BUT IS APPROVED BY

8 THE VOTERS IN AT LEAST ONE CONTIGUOUS COUNTY:

9 (1) THE REGIONAL DESTINATION FACILITIES FUND SHALL NOT BE

10 ESTABLISHED AND ALL TAXES COLLECTED BY PARTICIPATING COUNTIES

11 UNDER SECTION 3052 SHALL BE DEPOSITED IN THE REGIONAL GROWTH

12 FUND.

13 (2) MEMBERS OF THE BOARD SHALL NOT BE APPOINTED PURSUANT TO

14 SECTION 3032(B)(1) AND (3).

15 (G) IF THE REFERENDUM PROVIDED FOR IN THIS SECTION IS

16 APPROVED BY THE VOTERS IN AT LEAST ONE COUNTY BUT IS NOT

17 APPROVED BY THE VOTERS IN A PARTICULAR CONTIGUOUS COUNTY, THE

18 DEFEAT OF THE REFERENDUM IN THAT CONTIGUOUS COUNTY SHALL NOT

19 AFFECT THE ESTABLISHMENT OF THE AUTHORITY OR THE OPERATION OF

20 THE PROVISIONS OF THIS ARTICLE, EXCEPT THAT THE ADDITIONAL TAXES

21 PROVIDED FOR IN SECTION 3052 SHALL NOT BE COLLECTED IN THE

22 CONTIGUOUS COUNTY, AND THE CONTIGUOUS COUNTY SHALL NOT BE A

23 PARTICIPATING COUNTY.

24 (H) IF THE REFERENDA PROVIDED FOR IN THIS SECTION ARE

25 DEFEATED IN THE CENTRAL COUNTY AND ALL OF THE CONTIGUOUS

26 COUNTIES, SECTIONS 3021 THROUGH 3057, 3071 THROUGH 3081 AND 3903

27 SHALL BE OF NO FURTHER FORCE AND EFFECT.

28 (I) IF THE REFERENDUM PROVIDED FOR IN THIS SECTION IS

29 APPROVED BY THE VOTERS IN THE CENTRAL COUNTY, THE INCREASE IN

30 THE HOTEL TAX IN THE CENTRAL COUNTY PROVIDED FOR IN SECTION 3061

19970S0125B1173 - 40 -

1 SHALL BE REDUCED TO ONE AND ONE-HALF PER CENTUM DURING THE

2 PERIOD THAT THE TAXES IMPOSED BY SECTION 3052 ARE COLLECTED IN

3 THE CENTRAL COUNTY.

4 SECTION 3055. LICENSES.--A LICENSE FOR THE COLLECTION OF THE

5 TAXES IMPOSED BY SECTIONS 3051 THROUGH 3057 SHALL BE ISSUED IN

6 THE SAME MANNER AS IS PROVIDED FOR IN SECTION 505 OF THE ACT OF

7 JUNE 5, 1991 (P.L.9, NO.6), KNOWN AS THE "PENNSYLVANIA

8 INTERGOVERNMENTAL COOPERATION AUTHORITY ACT FOR CITIES OF THE

9 FIRST CLASS."

10 SECTION 3056. RULES AND REGULATIONS.--RULES AND REGULATIONS

11 SHALL BE APPLICABLE TO THE TAXES IMPOSED UNDER SECTIONS 3051

12 THROUGH 3057 IN THE SAME MANNER AS IS PROVIDED FOR IN SECTION

13 506(1) AND (2) OF THE ACT OF JUNE 5, 1991 (P.L.9, NO.6), KNOWN

14 AS THE "PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY ACT

15 FOR CITIES OF THE FIRST CLASS."

16 SECTION 3057. COLLECTION COSTS.--(A) THE DEPARTMENT, TO

17 COVER ITS COSTS OF ADMINISTRATION, SHALL BE ENTITLED TO RETAIN A

18 SUM EQUAL TO THE REASONABLE AND NECESSARY COSTS OF COLLECTION

19 AND SHALL INFORM THE AUTHORITY IN WRITING MONTHLY OF THE SUM

20 RETAINED AND THE COSTS OF COLLECTION REIMBURSED. TO PROVIDE A

21 TIMELY FORECAST AND ASSURE CONSIDERATION OF THE SUM RETAINED,

22 THE DEPARTMENT SHALL ESTIMATE ITS COSTS OF COLLECTION FOR THE

23 NEXT SUCCEEDING FISCAL YEAR AND PROVIDE THE ESTIMATE, WITH ALL

24 SUPPORTING DETAIL, TO THE AUTHORITY. WHEN THE ANNUAL OPERATING

25 BUDGET FOR THE DEPARTMENT IS SUBMITTED TO THE GENERAL ASSEMBLY,

26 THE DEPARTMENT SHALL ALSO SUBMIT TO THE CHAIRMAN AND MINORITY

27 CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE SENATE AND TO

28 THE CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS

29 COMMITTEE OF THE HOUSE OF REPRESENTATIVES THE ACTUAL SUMS

30 RETAINED FOR COSTS OF COLLECTION IN THE PRECEDING FISCAL YEAR,

19970S0125B1173 - 41 -

1 TOGETHER WITH ALL SUPPORTING DETAILS.

2 (B) AS USED IN THIS SECTION, THE TERM "COSTS OF COLLECTION"

3 SHALL NOT INCLUDE ANY CHARGE FOR OVERHEAD OR CAPITAL COSTS.

4 (F) INCREASE IN HOTEL TAX

5 SECTION 3061. INCREASE IN RATE OF HOTEL TAX IN CENTRAL

6 COUNTY.--(A) THE RATE AT WHICH THE TAX IMPOSED BY SECTION

7 1970.2 OF THE ACT OF JULY 28, 1953 (P.L.723, NO.230), KNOWN AS

8 THE "SECOND CLASS COUNTY CODE," IS COLLECTED IS HEREBY INCREASED

9 BY TWO PER CENTUM TO A RATE OF SEVEN PER CENTUM, SUBJECT TO

10 ADJUSTMENT AS PROVIDED IN SECTION 3054(I), FOR THE PERIOD

11 PROVIDED IN SUBSECTION (C). FOLLOWING THE END OF THE PERIOD

12 PROVIDED IN SUBSECTION (C), THAT TAX SHALL BE COLLECTED AT THE

13 RATE IN EFFECT IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS

14 ARTICLE.

15 (B) WORDS USED IN THIS SECTION THAT ARE NOT OTHERWISE

16 DEFINED IN THIS ACT BUT ARE DEFINED IN SECTION 1970.2 OF THE

17 "SECOND CLASS COUNTY CODE" SHALL HAVE THE MEANINGS ASCRIBED TO

18 THEM IN THAT SECTION OF THAT ACT.

19 (C) THE INCREASED TAX RATE REQUIRED BY THIS SECTION SHALL

20 APPLY TO AND BE COLLECTED ONLY ON RENTALS OF A ROOM OR ROOMS TO

21 ACCOMMODATE TRANSIENTS THAT OCCUR DURING THE PERIOD FROM

22 SEPTEMBER 1, 1997, THROUGH THE EARLIEST OF:

23 (1) FEBRUARY 28, 1999, IF THE AUDITORIUM AUTHORITY HAS NOT,

24 IN THE PERIOD BETWEEN (THE LEGISLATIVE REFERENCE BUREAU SHALL

25 INSERT HERE THE DATE OF ENACTMENT OF THIS ARTICLE) AND FEBRUARY

26 28, 1999, ISSUED ANY BONDS THAT ARE SECURED BY THE INCREASED TAX

27 REVENUES TO BE COLLECTED PURSUANT TO SECTIONS 3061 THROUGH 3064

28 AND ARE FOR THE PURPOSE OF FINANCING THE COSTS OF ANY OF THE

29 ACTIVITIES DESCRIBED IN SUBSECTION (D);

30 (2) THE DATE ON WHICH ALL BONDS ISSUED BY THE AUDITORIUM

19970S0125B1173 - 42 -

1 AUTHORITY THAT ARE SECURED BY THE INCREASED TAX REVENUES TO BE

2 COLLECTED PURSUANT TO SECTIONS 3061 THROUGH 3064 AND ARE FOR THE

3 PURPOSE OF FINANCING CONSTRUCTION OF THE CONVENTION CENTER HAVE

4 BEEN RETIRED IN FULL; OR

5 (3) AUGUST 31, 2027.

6 (D) THE INCREMENTAL ADDITIONAL REVENUES RECEIVED FROM THE

7 TAX INCREASE PROVIDED FOR IN THIS SECTION SHALL BE DISTRIBUTED

8 AS FOLLOWS:

9 (1) ONE-THIRD OF THE INCREMENTAL ADDITIONAL TAX REVENUES

10 COLLECTED BY HOTELS LOCATED WITHIN A MUNICIPALITY OTHER THAN THE

11 CENTRAL CITY THAT AT THE TIME RECEIVES REVENUES UNDER SECTION

12 1970.2(B.1)(2) OF THE "SECOND CLASS COUNTY CODE" SHALL BE

13 RETURNED TO THAT MUNICIPALITY AND OTHERWISE HANDLED IN THE SAME

14 FASHION AS IF THE INCREMENTAL ADDITIONAL REVENUES RETURNED TO

15 THE MUNICIPALITY UNDER THIS CLAUSE WERE PART OF THE BASE

16 REVENUES DISBURSED TO IT UNDER THAT SECTION.

17 (2) ALL OTHER INCREMENTAL ADDITIONAL REVENUES SHALL BE

18 DEPOSITED BY THE TREASURER OF THE CENTRAL COUNTY WITH THE

19 TREASURER OF THE AUDITORIUM AUTHORITY WHO SHALL DEPOSIT THEM IN

20 A SPECIAL FUND TO BE USED SOLELY FOR THE FOLLOWING PURPOSES:

21 (I) FOR PROJECT DESIGN AND PROPERTY ACQUISITION IN

22 CONNECTION WITH CONSTRUCTION OF THE CONVENTION CENTER UNTIL THE

23 COST OF THOSE PHASES HAS BEEN COMPLETELY PAID OR FULL FUNDING

24 FOR THOSE PHASES FROM WHATEVER SOURCE HAS BEEN COMMITTED.

25 (II) FOLLOWING COMPLETION OF THE PURPOSE DESCRIBED IN

26 SUBCLAUSE (I), FOR THE COSTS OF CONSTRUCTING THE CONVENTION

27 CENTER.

28 (E) NO MONEYS MAY BE DISBURSED UNDER SUBSECTION (D)(2)(I)

29 FOR PROJECT DESIGN PURPOSES WITHOUT THE APPROVAL OF THE DESIGN

30 COMMISSION ESTABLISHED UNDER SECTION 3062.

19970S0125B1173 - 43 -

1 SECTION 3062. SOUTHWESTERN PENNSYLVANIA CONVENTION CENTER

2 DESIGN COMMISSION.--(A) A BODY CORPORATE AND POLITIC TO BE

3 KNOWN AS THE SOUTHWESTERN PENNSYLVANIA CONVENTION CENTER DESIGN

4 COMMISSION IS HEREBY ESTABLISHED AS A SPECIAL PURPOSE GOVERNMENT

5 INSTRUMENTALITY EXERCISING THE POWERS CONFERRED BY THIS ARTICLE.

6 THE EXERCISE BY THE DESIGN COMMISSION OF THE POWERS CONFERRED BY

7 THIS ARTICLE IS HEREBY DECLARED TO BE, AND SHALL FOR ALL

8 PURPOSES BE DEEMED AND HELD TO BE, THE PERFORMANCE OF AN

9 ESSENTIAL PUBLIC FUNCTION.

10 (B) THE DESIGN COMMISSION SHALL BE DEEMED TO BE ESTABLISHED

11 ON (THE LEGISLATIVE REFERENCE BUREAU SHALL INSERT HERE IN LIEU

12 OF THIS STATEMENT THE EFFECTIVE DATE OF THIS ARTICLE). ONCE

13 ESTABLISHED, THE DESIGN COMMISSION SHALL CONTINUE IN EXISTENCE

14 UNTIL THE RENOVATIONS, IMPROVEMENTS AND EXPANSION OF THE

15 CONVENTION CENTER HAVE BEEN COMPLETED.

16 (C) IT IS HEREBY DECLARED TO BE THE INTENT OF THE GENERAL

17 ASSEMBLY THAT THE MEMBERS, EMPLOYES AND STAFF OF THE DESIGN

18 COMMISSION SHALL ENJOY SOVEREIGN AND OFFICIAL IMMUNITY, AS

19 PROVIDED IN 1 PA.C.S. § 2310 (RELATING TO SOVEREIGN IMMUNITY

20 REAFFIRMED; SPECIFIC WAIVER) AND SHALL REMAIN IMMUNE FROM SUIT

21 EXCEPT AS PROVIDED BY AND SUBJECT TO THE PROVISIONS OF 42

22 PA.C.S. CH. 85 SUBCHS. A (RELATING TO GENERAL PROVISIONS) AND B

23 (RELATING TO ACTIONS AGAINST COMMONWEALTH PARTIES).

24 NOTWITHSTANDING THE PROVISIONS OF 42 PA.C.S. § 8525 (RELATING TO

25 LEGAL ASSISTANCE), THE DESIGN COMMISSION, THROUGH ITS LEGAL

26 COUNSEL, SHALL DEFEND ACTIONS BROUGHT AGAINST THE DESIGN

27 COMMISSION OR ITS BOARD MEMBERS, OFFICERS AND EMPLOYES WHEN

28 ACTING WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES.

29 (D) THE DESIGN COMMISSION SHALL BE COMPOSED OF THE FOLLOWING

30 FIFTEEN MEMBERS:

19970S0125B1173 - 44 -

1 (1) ONE MEMBER APPOINTED BY THE MAYOR OF THE CENTRAL CITY.

2 (2) ONE MEMBER APPOINTED BY THE CITY COUNCIL OF THE CENTRAL

3 CITY.

4 (3) TWO MEMBERS APPOINTED BY THE GOVERNING BODY OF THE

5 CENTRAL COUNTY.

6 (4) ONE MEMBER APPOINTED BY THE GOVERNOR.

7 (5) ONE MEMBER APPOINTED BY THE REGIONAL PLANNING COMMISSION

8 ESTABLISHED UNDER THE ACT OF MAY 29, 1956 (1955 P.L.1845,

9 NO.611), KNOWN AS THE "REGIONAL PLANNING LAW," OF WHICH THE

10 CENTRAL COUNTY IS A MEMBER.

11 (6) TWO MEMBERS APPOINTED BY THE GOVERNOR WHO HAVE BEEN

12 NOMINATED BY THE GOVERNING BOARD OF THE LARGEST PRIVATE TRADE OR

13 INDUSTRY ASSOCIATION FORMED TO REPRESENT THE OWNERS OF HOTELS

14 LOCATED IN THE CENTRAL COUNTY ONLY.

15 (7) TWO MEMBERS APPOINTED BY THE GOVERNOR WHO HAVE BEEN

16 NOMINATED BY THE GOVERNING BOARD OF THE LARGEST PRIVATE TRADE OR

17 INDUSTRY ASSOCIATION FORMED TO REPRESENT THE OWNERS OF

18 RESTAURANTS LOCATED IN THE CENTRAL COUNTY ONLY.

19 (8) FOUR MEMBERS APPOINTED BY THE GOVERNING BOARD OF THE

20 CONVENTION AND VISITORS BUREAU.

21 (9) THE CHAIR OF THE AUDITORIUM AUTHORITY.

22 (E) THE TERM OF OFFICE OF THE MEMBERS OF THE DESIGN

23 COMMISSION SHALL BE COINCIDENT WITH THE TERM OF EXISTENCE OF THE

24 DESIGN COMMISSION.

25 (F) THE MEMBERS APPOINTED PURSUANT TO SUBSECTION (D)(8)

26 SHALL HAVE THE FOLLOWING QUALIFICATIONS:

27 (1) ONE MEMBER SHALL HAVE EXPERIENCE AND EXPERTISE IN

28 PLANNING AND MARKETING NATIONAL MEETINGS AND CONVENTIONS.

29 (2) ONE MEMBER SHALL HAVE EXPERIENCE AND EXPERTISE IN

30 PLANNING AND MARKETING CONSUMER SHOWS.

19970S0125B1173 - 45 -

1 (3) ONE MEMBER SHALL HAVE EXPERIENCE AND EXPERTISE IN

2 MARKETING CONVENTION CENTERS.

3 (4) ONE MEMBER SHALL HAVE EXPERIENCE AND EXPERTISE IN

4 PROVIDING SUPPORT SERVICES FOR CONVENTIONS AND SHOWS.

5 (G) THE MEMBERS OF THE DESIGN COMMISSION SHALL ELECT FROM

6 AMONG THEMSELVES A CHAIR, SECRETARY AND SUCH OTHER OFFICERS AS

7 THEY MAY DETERMINE. EACH OFFICER SHALL SERVE FOR A TERM OF TWO

8 YEARS AND UNTIL A SUCCESSOR IS ELECTED AND QUALIFIED OR UNTIL AN

9 EARLIER DEATH OR RESIGNATION. A MEMBER MAY NOT HOLD MORE THAN

10 ONE OFFICE OF THE DESIGN COMMISSION AT ANY TIME. MEMBERS MAY

11 SERVE SUCCESSIVE TERMS AS OFFICERS OF THE DESIGN COMMISSION.

12 (H) THE DESIGN COMMISSION SHALL MEET AS FREQUENTLY AS IT

13 DEEMS APPROPRIATE, BUT AT LEAST ONCE A MONTH DURING THE FIRST

14 YEAR THAT IT IS IN EXISTENCE AND, THEREAFTER, AT LEAST ONCE

15 DURING EACH CALENDAR QUARTER. IN ADDITION, A MEETING OF THE

16 DESIGN COMMISSION SHALL BE CALLED BY THE CHAIR IF A REQUEST FOR

17 A MEETING IS SUBMITTED TO THE CHAIR BY AT LEAST TWO MEMBERS OF

18 THE DESIGN COMMISSION. A MAJORITY OF THE MEMBERS OF THE DESIGN

19 COMMISSION IN OFFICE SHALL CONSTITUTE A QUORUM FOR THE PURPOSE

20 OF CONDUCTING THE BUSINESS OF THE DESIGN COMMISSION AND FOR ALL

21 OTHER PURPOSES. THE ACTS OF A MAJORITY OF THE MEMBERS OF THE

22 DESIGN COMMISSION TAKEN AT A MEETING AT WHICH A QUORUM IS

23 PRESENT SHALL BE THE ACTS OF THE DESIGN COMMISSION.

24 (I) THE DESIGN COMMISSION IS GRANTED ALL POWERS NECESSARY OR

25 CONVENIENT FOR THE CARRYING OUT OF ITS PURPOSES UNDER THIS

26 ARTICLE.

27 (J) THE MEMBERS OF THE DESIGN COMMISSION SHALL SERVE WITHOUT

28 COMPENSATION BUT SHALL BE ENTITLED TO REIMBURSEMENT OF ANY

29 REASONABLE EXPENSES INCURRED WHILE PARTICIPATING IN THE BUSINESS

30 OF THE DESIGN COMMISSION. SUCH EXPENSE REIMBURSEMENTS, AS WELL

19970S0125B1173 - 46 -

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