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§ 1799-E. State Gaming Fund

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: July 1, 2019

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 72 P.S. Taxation and Fiscal Affairs
Chapter 1. The Fiscal Code (Refs & Annos)
Article XVII-E. General Budget Implementation
Subarticle E. Restrictions on Appropriations for Funds and Accounts
Effective: July 1, 2019
72 P.S. § 1799-E
§ 1799-E. State Gaming Fund
(a) Transfers for Volunteer Fire Company and Volunteer Ambulance Service Grant Act.--Commencing with fiscal year 2007-2008 and continuing annually thereafter, the sum of $25,000,000 shall be transferred from the State Gaming Fund to the General Fund and is hereby appropriated on a continuing basis to the Pennsylvania Emergency Management Agency for the purpose of making grants under 35 Pa.C.S. Ch. 78 (relating to grants to volunteer fire companies and volunteer services). Annually, the sum of $22,000,000 shall be expended for the purpose of making grants to eligible volunteer fire companies under 35 Pa.C.S. Ch. 78 Subch. B (relating to volunteer fire company grant program).1 Annually, the sum of $3,000,000 shall be expended for the purpose of making grants to eligible volunteer ambulance services under 35 Pa.C.S. Ch. 78 Subch. C (relating to volunteer ambulance service grant program).2
(b) Transfers to General Fund.--
(1) Any funds from fiscal years ending before July 1, 2019, not committed for local law enforcement grants under 4 Pa.C.S. § 1408(c) (relating to transfers from State Gaming Fund) on September 1, 2019, shall be transferred to the General Fund.
(2) (Reserved).
(b.1) Transfers for loan and repayment.--From funds deposited into the General Fund under subsection (b)(1), the sum of $1,192,000 shall be transferred to the Video Gaming Fund. Funds transferred under this subsection shall be subject to section 704 of the act of June 28, 2019 (P.L. 963, No. 15A), known as the Gaming Control Appropriation Act of 2019, and shall be repaid to the General Fund from regulatory accounts established under 4 Pa.C.S. § 4104 (relating to regulatory assessments).
(c) Performance audit.--Notwithstanding section 408,3 a performance audit of the Pennsylvania Gaming Control Board commenced in 2007 by the Auditor General shall be paid for from funds appropriated to the Auditor General.
(d) Utilization.--The board shall not encumber or commit funds obtained from any source, including a commercial loan or the sale of gaming receipts, unless appropriated by the General Assembly.
(e) Assessments for property tax relief.--Notwithstanding subsection (g) or any other provision of law to the contrary, if the Secretary of the Budget authorizes a transfer from the Property Tax Relief Reserve Fund and determines that the moneys in the fund are insufficient to support the transfer, the Secretary of the Budget shall notify the Pennsylvania Gaming Control Board and, upon notification, the board shall immediately assess each slot machine licensee for the repayment of the insufficiency in an amount that is proportional to each slot machine licensee's gross terminal revenue. The amount shall be deducted from amounts owed under sections 1720-G, 1720-I and 1720-K4 in an amount that is proportional to each slot machine licensee's gross terminal revenue.
(f) Appropriations solely from assessments.--Beginning in fiscal year 2010-2011 and each fiscal year thereafter, all funds for the operation of the Pennsylvania State Police, the Department of Revenue and the Attorney General shall be appropriated solely from an assessment on gross terminal revenue from accounts under 4 Pa.C.S. § 1401 (relating to slot machine licensee deposits) in an amount equal to that appropriated by the General Assembly for that fiscal year. The Pennsylvania State Police, Department of Revenue or Attorney General shall not assess any charge, fee, cost of operations or other payment from a licensed gaming entity in excess of amounts appropriated in any such fiscal year unless specifically authorized by law.
(g) Establishment of repayment schedule.--No later than June 30, 2011, the Pennsylvania Gaming Control Board, in consultation with all licensed gaming entities, shall establish a schedule governing the repayment by licensed gaming entities of loans provided to the Pennsylvania Gaming Control Board under sections 1720-G, 1720-I and 1720-K. The following shall apply:
(1) Repayment of loans provided to the Pennsylvania Gaming Control Board pursuant to sections 1720-G, 1720-I and 1720-K by licensed gaming entities shall begin January 1, 2012.
(2) The Pennsylvania Gaming Control Board shall establish a repayment schedule that, at a minimum:
(i) Sets forth the dates upon which the repayments shall be due. Payments may be required on a quarterly, semiannual or annual basis.
(ii) Assesses to each slot machine licensee costs for repayment of loans from the Property Tax Relief Reserve Fund made under sections 1720-G, 1720-I and 1720-K in an amount that is proportional to each slot machine licensee's gross terminal revenue.
(iii) Results in full repayment of amounts loaned pursuant to sections 1720-G, 1720-I and 1720-K not earlier than five years nor later than ten years following commencement of the loan repayments by the slot machine licensee.

Credits

1929, April 9, P.L. 343, No. 176, art. XVII-E, § 1799-E, added 2007, July 17, P.L. 141, No. 42, § 4, imd. effective. Amended 2010, July 6, P.L. 279, No. 46, § 2.9, retroactive effective July 1, 2010; 2011, June 30, P.L. 159, No. 26, § 10, imd. effective; 2019, June 28, P.L. 173, No. 20, § 19, effective July 1, 2019.

Footnotes

35 Pa.C.S.A. § 7811 et seq.
35 Pa.C.S.A. § 7821 et seq.
72 P.S. § 408.
72 P.S. §§ 1720-G, 1720-I, 1720-K.
72 P.S. § 1799-E, PA ST 72 P.S. § 1799-E
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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