PRINTER'S NO. 3341
No. 2302 Session of 2008
INTRODUCED BY TANGRETTI, R. STEVENSON, BUXTON, DeWEESE, DeLUCA,
DERMODY, HALUSKA, KOTIK, PALLONE, SAINATO, SAMUELSON, SONNEY,
BENNINGTON, BIANCUCCI, BOYD, BRENNAN, CAPPELLI, COSTA, DALLY,
EVERETT, FLECK, FRANKEL, GEORGE, GOODMAN, GRELL, GRUCELA,
HARHAI, HARKINS, HORNAMAN, LEVDANSKY, MAHONEY, MANN,
MARKOSEK, MUSTIO, PASHINSKI, PETRONE, PRESTON, RAMALEY,
READSHAW, REED, ROSS, SAYLOR, SIPTROTH, K. SMITH, SOLOBAY,
STABACK, STEIL, STERN, THOMAS, WAGNER, WALKO, J. WHITE,
WOJNAROSKI, SANTONI, J. EVANS, ROAE, FABRIZIO, WATSON,
HICKERNELL, MILLARD AND CALTAGIRONE, MARCH 10, 2008
REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,
MARCH 10, 2008
AN ACT
1 Providing for assistance to agencies promoting tourism;
2 authorizing the Department of Community and Economic
3 Development to make grants and provide assistance to properly
4 designated tourism promotion agencies and regional marketing
5 partnerships; conferring powers and imposing duties on the
6 governing bodies of certain political subdivisions; and
7 repealing the Tourist Promotion Law.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Short title.
11 This act shall be known and may be cited as the Tourism
12 Promotion Act.
13 Section 2. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
1 "County tourism promotion agency." A nonprofit corporation,
2 organization, association or agency which is designated by
3 ordinance in cities of the first class and by proper resolution
4 of the governing body of a county, concurred in by resolution of
5 the governing bodies of cities, boroughs, towns or townships
6 within the county which have an aggregate of more than 50% of
7 the total population of the county, as determined by the most
8 recently completed decennial United States Census, as the agency
9 authorized to make application to and receive grants from the
10 Department of Community and Economic Development for the purpose
11 of representing a single governmental entity in accordance with
12 this act.
13 "Department." The Department of Community and Economic
14 Development of the Commonwealth.
15 "Eligible costs." Any and all promotional expenses incurred
16 by a tourism promotion agency in connection with marketing and
17 advertising activities. The term does not include operational
18 expenses, including, but not limited to, rent, utilities,
19 equipment, insurance, financing and capital expenditures.
20 "Governing body." The elected unit empowered to enact
21 ordinances or adopt resolutions in order to govern a particular
22 county, city, borough, town or township.
23 "Governor's Tourism Partnership." The Pennsylvania Travel
24 and Tourism Partnership established under the act of December 9,
25 2002 (P.L.1491, No.189), known as the Travel and Tourism Act.
26 "Paid overnight accommodations." Lodging provided overnight
27 in a hotel, motel, bed and breakfast, homestead, inn, guest
28 house or other structure. The term also includes, but is not
29 limited to, paid lodging provided in a cabin, campground,
30 vacation home or time-share.
20080H2302B3341 - 2 -
1 "Place-based regional marketing partnership." An entity
2 supporting regional heritage or natural resources, including,
3 but not limited to, waterways, forests, mountains and
4 experiences that reflect regional assets.
5 "Regional marketing partnership." Any of the following:
6 (1) An eligible applicant under this act that primarily
7 includes a nonprofit entity representing a regional marketing
8 area determined by contiguous counties, that shares a sense
9 of place and experience conducive to tourism promotion.
10 (2) A marketing entity that focuses on experience-based
11 promotion across multiple regions or multiple states and that
12 focuses on specific interests or other themed tourism
13 experiences.
14 (3) A place-based regional marketing partnership or
15 eligible applicant from a county of the second class.
16 "Regional tourism promotion agency." A nonprofit
17 corporation, organization, association or agency which is
18 designated by the governing bodies of counties, governing body
19 of a county of the second class or governing body of a city of
20 the first class, as the agency to make application to and
21 receive grants from the department for the purpose of
22 representing any of the following in accordance with this act:
23 (1) Two or more counties.
24 (2) A county of the second class.
25 (3) A city of the first class.
26 "Secretary." The Secretary of Community and Economic
27 Development of the Commonwealth.
28 "Tourism promotion agency." A county or regional tourism
29 promotion agency.
30 Section 3. Recognition of tourism promotion agencies.
20080H2302B3341 - 3 -
1 The department, upon receipt of certified copies of such
2 ordinances or resolutions designating a tourism promotion agency
3 to act within counties, a county of the second class or city of
4 the first class, shall recognize such tourism promotion agency
5 as the sole such agency within the counties, county of the
6 second class or city of the first class for the purposes of this
7 act.
8 Section 4. Applications for and approval of grants to tourism
9 promotion agencies.
10 (a) Duties of department.--
11 (1) The department, working jointly with the Governor's
12 Tourism Partnership, shall adopt guidelines for awarding
13 grants under this act.
14 (2) (i) For the fiscal year 2008-2009, the department
15 shall award grants not to exceed 63% of the appropriation
16 to fund grants under this section.
17 (ii) For the fiscal year 2009-2010, not more than
18 57% of the appropriated funds shall be made to fund
19 grants under this section.
20 (iii) For the fiscal year 2010-2011, and every
21 fiscal year thereafter, not more than 50% of the
22 appropriated funds shall be made to fund grants under
23 this section.
24 (b) Procedure.--
25 (1) A tourism promotion agency shall apply to the
26 department for grants under this section in accordance with
27 tourism promotion program guidelines adopted by the
28 department working jointly with the Governor's Tourism
29 Partnership.
30 (2) Upon approval, the department shall award a grant to
20080H2302B3341 - 4 -
1 the tourism promotion agency not to exceed the following:
2 (i) In the case of a regional tourism promotion
3 agency, two and one-half times the local funds expended
4 by the agency for eligible costs in the previous fiscal
5 year.
6 (ii) In the case of a county tourism promotion
7 agency, two times the local funds expended by the agency
8 for eligible costs in the previous fiscal year.
9 (c) Limitation on grant amounts.--Notwithstanding the
10 provisions of subsection (b)(2), no tourism promotion agency
11 shall be awarded more than 30% of the tourism promotion
12 agencies' portion of any appropriation allocated to tourism
13 promotion agencies under this section.
14 Section 5. Eligibility requirements for tourism promotion
15 agencies.
16 (a) Guidelines.--
17 (1) To qualify for a grant under this section, a tourism
18 promotion agency must meet all eligibility requirements as
19 set forth in the tourism promotion grant program guidelines
20 adopted by the department under this act.
21 (2) The department shall publish annually in the
22 Pennsylvania Bulletin a description of eligibility
23 requirements and guidelines.
24 (b) Criteria.--The criteria for eligibility established by
25 the tourism promotion grant program guidelines shall include,
26 but not be limited to, requiring the tourism promotion agency to
27 demonstrate:
28 (1) The existence of sufficient tourism assets, such as
29 lodging, service businesses and tourism attractions.
30 (2) The capability, through a combination of staffing
20080H2302B3341 - 5 -
1 and contractual support, to carry out essential marketing
2 functions, such as:
3 (i) An interactive Internet website.
4 (ii) A strategic tourism marketing plan.
5 (iii) Comprehensive fulfillment services.
6 (c) Notification and appeal of determination of
7 noneligibility.--
8 (1) If the department determines that a tourism
9 promotion agency is ineligible for tourism promotion grant
10 program funding, the department shall provide the tourism
11 promotion agency with a written explanation of such
12 determination.
13 (d) Appeal of decision.--A decision of ineligibility may be
14 appealed to the secretary, whose decision shall be final. The
15 appeal must be filed in accordance with the tourism promotion
16 grant program guidelines to be adopted under this act.
17 Section 6. Regional marketing partnership grant program.
18 (a) Authorization.--The department may make grants to
19 regional marketing partnerships that satisfy the eligibility
20 criteria set forth in program guidelines to be adopted by the
21 department working jointly with the Governor's Tourism
22 Partnership.
23 (b) Funding for regional marketing partnership grants.--
24 (1) For the fiscal year 2008-2009, the department shall
25 award grants not to exceed 37% of the appropriation to fund
26 grants under this section.
27 (2) For the fiscal year 2009-2010, not more than 43% of
28 the appropriated funds shall be made to fund grants under
29 this section.
30 (3) For the fiscal year 2010-2011, and every fiscal year
20080H2302B3341 - 6 -
1 thereafter, not more than 50% of the appropriated funds shall
2 be made to fund grants under this section.
3 (c) Eligibility criteria for regional marketing partnership
4 grants.--In order to be eligible for a grant under this act, a
5 regional marketing partnership must satisfy the following
6 criteria:
7 (1) The region served by the regional marketing
8 partnership must include at least two counties or an
9 applicant from a county of the second class.
10 (2) The grantee must be an entity with a charter, bylaws
11 or other such binding governance document that specifies the
12 counties or parts of counties included in the tourism
13 marketing programs of the regional marketing partnership and
14 shall demonstrate that it provides comprehensive
15 representation of tourism stakeholders in the marketing
16 region.
17 (d) Appeal of decision.--A decision of ineligibility for
18 grants under this section may be appealed to the secretary,
19 whose decision shall be final. An appeal shall be heard in
20 accordance with the regional marketing partnership grant program
21 guidelines to be adopted by the department.
22 Section 7. Administration of act.
23 The department shall administer the tourism promotion program
24 so as to establish an effective and economical tourism promotion
25 program for the Commonwealth.
26 Section 8. Existing tourism promotion agencies.
27 It shall not be necessary for a tourism promotion agency that
28 exists on the effective date of this section to be redesignated
29 by ordinance or resolution in order to be recognized by the
30 department under section 3.
20080H2302B3341 - 7 -
1 Section 9. Repeal.
2 (a) Intent.--The General Assembly declares that the repeal
3 under subsection (b) is necessary to effectuate this act.
4 (b) Provision.--The act of April 28, 1961 (P.L.111, No.50),
5 known as the Tourist Promotion Law, is repealed.
6 Section 10. Effective date.
7 This act shall take effect immediately.
C10L12DMS/20080H2302B3341 - 8 -