16 Pa. Stat. § 2399.52

Current through P.A. Acts 2023-32
Section 2399.52 - Findings, declaration of policy and scope
(a) It is hereby determined and declared as a matter of legislative finding:
(1) That the health, safety and general welfare of the people of this Commonwealth are directly dependent upon the continual encouragement, development, growth and expansion of business, industry, commerce and tourism within this Commonwealth.
(2) That unemployment, the spread of indigence and the heavy burden of public assistance and unemployment compensation can be avoided by the promotion, attraction, stimulation, development and expansion of business, industry, commerce and tourism in this Commonwealth.
(3) That development of convention centers is appropriate within a third class county and that the attraction of business to this Commonwealth as a result of such development is an important factor in the continual encouragement, promotion, attraction, stimulation, development, growth and expansion of business, industry, commerce and tourism within the county seat, the surrounding counties and this Commonwealth as a whole.
(4) That the purpose of a convention center should be the promotion, attraction, stimulation, development and expansion of business, industry, commerce and tourism in the county seat, the surrounding counties and this Commonwealth as a whole.
(5) That the development of a convention center will provide benefits to the hotel industry throughout the entire area of the county where the center is developed.
(6) That the development of a convention center will also provide benefits to the restaurant and entertainment industries throughout the entire county where the center is located, to all other businesses and individuals benefited by the attraction of major conventions and tourists, to other individual businesses whose livelihood is dependent on major conventions and tourists and to the general public.
(7) That the need for and promotion of the type of facility which will provide significant benefits to the general public will require the expenditure of public money and that it is therefore appropriate to authorize a county to impose and collect a tax applicable within the entire territorial limits of the county to facilitate the development of a convention facility and the promotion of tourism within the county.
(8) That, to promote the development of convention centers within this Commonwealth, it is necessary to provide additional and flexible means of developing, constructing, designing, managing, financing and operating convention centers.
(9) That an important aspect of the development of convention centers should be the removal and redevelopment of blighted areas.
(b) It is hereby declared to be the policy of the Commonwealth to promote the health, safety, employment, business opportunities and general welfare of the people of this Commonwealth by providing for the creation of third class county convention center authorities which shall exist and operate as public instrumentalities of the Commonwealth for the public purpose of promoting, attracting, stimulating, developing and expanding business, industry, commerce and tourism in this Commonwealth. This purpose is hereby declared to be a public purpose supporting the enactment of all provisions of this subdivision for which public money may be spent and taxes may be imposed.
(c)
(1) This subdivision shall apply to counties of the third class.
(2) This subdivision shall not apply to:
(i) a county which has created (either individually or jointly with its county seat) a third class county convention center authority pursuant to the provisions of subdivision (n) of this act or the act of December 27, 1994 (P.L. 1375, No. 162), known as the "Third Class County Convention Center Authority Act," prior to January 1, 2000.
(ii) A county which is served, together with one or more other counties, by a joint planning commission.
(d)
(1) A county which has created (either individually or jointly with its county seat) a third class county convention center authority pursuant to subdivision (n) of this act after January 1, 2000, may opt to have such authority treated as having been organized under the provisions of this subdivision. Such option shall be exercised by the adoption of a resolution by the governing body of the county to that effect. The exercise of such option may not be revoked.
(2) If an authority is treated as having been organized under this subdivision pursuant to the provisions of clause (1), the following transitional provisions shall apply to the authority, the county, the county seat (if applicable), State public bodies and political subdivisions and the acts thereof:
(i) the authority shall be treated for all purposes as having been organized under the authority of this subdivision;
(ii) all acts of the authority shall be treated for all purposes as having been taken pursuant to the authority granted under this subdivision, regardless of whether such acts shall have been taken prior to or after the enactment of this subdivision;
(iii) all acts of the county and (if applicable) the county seat in organizing the authority shall be treated for all purposes as having been taken pursuant to the authority granted under this subdivision regardless of whether such acts shall have been taken prior to or after the enactment of this subdivision;
(iv) all acts of the county taken or purported to be taken under the authority of subdivision (n) of this act, including, but not limited to, the enactment of a hotel room rental tax, shall be treated as having been taken pursuant to the authority granted under this subdivision, regardless of whether such acts shall have been taken prior to or after the enactment of this subdivision; and
(v) all acts of any State public body or any political subdivision taken or purported to be taken with respect to the authority under the authority of subdivision (n) of this act, including, but not limited to, the transfer of existing convention center facilities to the authority and the funding of a convention center project as a redevelopment assistance project by the Commonwealth, shall be treated as having been taken pursuant to the authority granted under this subdivision, regardless of whether such acts shall have been taken prior to or after the enactment of this subdivision.
(3) If an authority is treated as having been organized under this subdivision pursuant to the provisions of clause (1), all acts taken or purported to be taken by the county, the county seat, the authority and State public body or any political subdivision under the authority of subdivision (n) of this act are hereby ratified and affirmed in their entirety, regardless of whether such acts shall have been taken prior to or after the enactment of this subdivision.
(4) If an authority is treated as having been organized under this subdivision pursuant to the provisions of clause (1), the members of the board of the authority shall continue in office and shall be treated as if they had been appointed under this subdivision.

16 P.S. § 2399.52

1955, Aug. 9, P.L. 323, No. 130, § 2399.52, added 2000, Oct. 18, P.L. 541, No. 73, § 2, effective in 60 days.