Pennsylvania § 17332 - Findings, declaration of policy and scope.

§ 17332. Findings, declaration of policy and scope.

(a) Findings.--It is determined and declared that:

(1) 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) 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) Development of convention centers is appropriate within a third class county and 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 municipalities and this Commonwealth as a whole.

(4) 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 municipalities and this Commonwealth as a whole.

(5) The development of a convention center will provide benefits to the hotel industry throughout the entire area of the county in which the center is developed.

(6) The development of a convention center will also provide benefits to the restaurant and entertainment industries throughout the entire county in which 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) 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 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) 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) An important aspect of the development of convention centers should be the removal and redevelopment of blighted areas.

(b) Declaration of policy.--It is 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 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. The purpose is declared to be a public purpose supporting the enactment of this subchapter for which public money may be spent and taxes may be imposed.

(c) Scope.--

(1) This subchapter shall apply to counties of the third class.

(2) This subchapter may not apply to:

(i) A county which has created, either individually or jointly with its county seat, a third class county convention center authority under this subchapter or the former 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) Option.--The following shall apply:

(1) A county which has created, either individually or jointly with its county seat, a third class county convention center authority under Subchapter A (relating to third class county convention center authorities) after January 1, 2000, may opt to have the authority treated as having been organized under the provisions of this subchapter. The option shall be exercised by the adoption of a resolution by the governing body of the county. The exercise of the option under this paragraph may not be revoked.

(2) If an authority is organized under paragraph (1), the following transitional provisions shall apply to the authority, the county, the county seat, State public bodies and political subdivisions:

(i) all acts of the authority shall be considered granted under the authority of this subchapter, regardless of whether the acts were taken prior to or after December 18, 2000;

(ii) all acts of the county and, if applicable, the county seat in organizing the authority shall be considered granted under the authority of this subchapter, regardless of whether the acts were taken prior to or after December 18, 2000;

(iii) all acts of the county taken or purported to be taken under the authority of Subchapter A, including the enactment of a hotel room rental tax, shall be considered granted under the authority of this subchapter, regardless of whether the acts were taken prior to or after December 18, 2000; and

(iv) all acts with respect to the authority of a State public body or a political subdivision taken or purported to be taken under the authority of Subchapter A, including 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 considered granted under the authority of this subchapter, regardless of whether the acts were taken prior to or after December 18, 2000.

(3) If an authority is organized under paragraph (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 Subchapter A are ratified and affirmed in their entirety, regardless of whether the acts were taken prior to or after December 18, 2000.

(4) If an authority is organized under paragraph (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 subchapter.