PRIOR PRINTER'S NO. 3341 PRINTER'S NO. 3404
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, CALTAGIRONE, PAYNE, ARGALL, HUTCHINSON, JOSEPHS, R. MILLER, MARSHALL, LONGIETTI, MAJOR, CARROLL, BROOKS, YOUNGBLOOD, NAILOR, BEAR, HANNA, RUBLEY AND MENSCH, MARCH 10, 2008
AS REPORTED FROM COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 12, 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
1 have the meanings given to them in this section unless the 2 context clearly indicates otherwise: 3 "County tourism promotion agency." A nonprofit corporation, 4 organization, association or agency which is designated by 5 ordinance in cities of the first class and by proper resolution 6 of the governing body of a county, concurred in by resolution of 7 the governing bodies of cities, boroughs, towns or townships 8 within the county which have an aggregate of more than 50% of 9 the total population of the county, as determined by the most 10 recently completed decennial United States Census, as the agency 11 authorized to make application to and receive grants from the 12 Department of Community and Economic Development for the purpose 13 of representing a single governmental entity in accordance with 14 this act. 15 "Department." The Department of Community and Economic 16 Development of the Commonwealth. 17 "Eligible costs." Any and all promotional expenses incurred 18 by a tourism promotion agency in connection with marketing and 19 advertising activities. The term does not include operational 20 expenses, including, but not limited to, rent, utilities, 21 equipment, insurance, financing and capital expenditures. 22 "Governing body." The elected unit empowered to enact 23 ordinances or adopt resolutions in order to govern a particular 24 county, city, borough, town or township. 25 "Governor's Tourism Partnership." The Pennsylvania Travel 26 and Tourism Partnership established under the act of December 9, 27 2002 (P.L.1491, No.189), known as the Travel and Tourism Act. 28 "Paid overnight accommodations." Lodging provided overnight <-- 29 in a hotel, motel, bed and breakfast, homestead, inn, guest 30 house or other structure. The term also includes, but is not 20080H2302B3404 - 2 -
1 limited to, paid lodging provided in a cabin, campground, 2 vacation home or time-share. 3 "Place-based regional marketing partnership." An entity 4 supporting regional heritage or natural resources, including, 5 but not limited to, waterways, forests, mountains and 6 experiences that reflect regional assets. 7 "Regional marketing partnership." Any of the following: 8 (1) An eligible applicant under this act that primarily 9 includes a nonprofit entity representing a regional marketing 10 area determined by contiguous counties, that shares a sense 11 of place and experience conducive to tourism promotion. 12 (2) A marketing entity that focuses on experience-based 13 promotion across multiple regions or multiple states and that 14 focuses on specific interests or other themed tourism 15 experiences. 16 (3) A place-based regional marketing partnership or 17 eligible applicant from a county of the second class. 18 "Regional tourism promotion agency." A nonprofit 19 corporation, organization, association or agency which is 20 designated by the governing bodies of counties, governing body 21 of a county of the second class or governing body of a city of 22 the first class, as the agency to make application to and 23 receive grants from the department for the purpose of 24 representing any of the following in accordance with this act: 25 (1) Two or more counties. 26 (2) A county of the second class. 27 (3) A city of the first class. 28 "Secretary." The Secretary of Community and Economic 29 Development of the Commonwealth. 30 "Tourism promotion agency." A county or regional tourism 20080H2302B3404 - 3 -
1 promotion agency. 2 Section 3. Recognition of tourism promotion agencies. 3 The department, upon receipt of certified copies of such 4 ordinances or resolutions designating a tourism promotion agency 5 to act within counties, a county of the second class or city of 6 the first class, shall recognize such tourism promotion agency 7 as the sole such agency within the counties, county of the 8 second class or city of the first class for the purposes of this 9 act. 10 Section 4. Applications for and approval of grants to tourism 11 promotion agencies. 12 (a) Duties of department.-- 13 (1) The department, working jointly with the Governor's 14 Tourism Partnership, shall adopt guidelines for awarding 15 grants under this act. 16 (2) (i) For the fiscal year 2008-2009, the department 17 shall award grants not to exceed 63% of the appropriation 18 to fund grants under this section. 19 (ii) For the fiscal year 2009-2010, not more than 20 57% of the appropriated funds shall be made to fund 21 grants under this section. 22 (iii) For the fiscal year 2010-2011, and every 23 fiscal year thereafter, not more than 50% of the 24 appropriated funds shall be made to fund grants under 25 this section. 26 (b) Procedure.-- 27 (1) A tourism promotion agency shall apply to the 28 department for grants under this section in accordance with 29 tourism promotion program guidelines adopted by the 30 department working jointly with the Governor's Tourism 20080H2302B3404 - 4 -
1 Partnership. 2 (2) Upon approval AFTER REVEIWING THE APPLICATION, the <-- 3 department shall award a grant to the tourism promotion 4 agency not to exceed the following: 5 (i) In the case of a regional tourism promotion 6 agency, two and one-half times the local funds expended 7 by the agency for eligible costs in the previous fiscal 8 year. 9 (ii) In the case of a county tourism promotion 10 agency, two times the local funds expended by the agency 11 for eligible costs in the previous fiscal year. 12 (c) Limitation on grant amounts.--Notwithstanding the <-- 13 provisions of subsection (b)(2), no NO tourism promotion agency <-- 14 shall be awarded more than 30% of the tourism promotion 15 agencies' portion of any appropriation allocated to tourism 16 promotion agencies under this section. 17 Section 5. Eligibility requirements for tourism promotion 18 agencies. 19 (a) Guidelines.-- 20 (1) To qualify for a grant under this section, a tourism 21 promotion agency must meet all eligibility requirements as 22 set forth in the tourism promotion grant program guidelines 23 adopted by the department under this act. 24 (2) The department shall publish annually in the 25 Pennsylvania Bulletin a description of eligibility 26 requirements and guidelines. 27 (b) Criteria.--The criteria for eligibility established by 28 the tourism promotion grant program guidelines shall include, 29 but not be limited to, requiring the tourism promotion agency to 30 demonstrate: 20080H2302B3404 - 5 -
1 (1) The existence of sufficient tourism assets, such as 2 lodging, service businesses and tourism attractions. 3 (2) The capability, through a combination of staffing 4 and contractual support, to carry out essential marketing 5 functions, such as: 6 (i) An interactive Internet website. 7 (ii) A strategic tourism marketing plan. 8 (iii) Comprehensive fulfillment services. 9 (c) Notification and appeal of determination of 10 noneligibility.-- 11 (1) If the department determines that a tourism 12 promotion agency is ineligible for tourism promotion grant 13 program funding, the department shall provide the tourism 14 promotion agency with a written explanation of such 15 determination. 16 (d) Appeal of decision.--A decision of ineligibility may be 17 appealed to the secretary, whose decision shall be final. The 18 appeal must be filed in accordance with the tourism promotion 19 grant program guidelines to be adopted under this act. 20 Section 6. Regional marketing partnership grant program. 21 (a) Authorization.--The department may make grants to 22 regional marketing partnerships that satisfy the eligibility 23 criteria set forth in program guidelines to be adopted by the 24 department working jointly with the Governor's Tourism 25 Partnership. 26 (b) Funding for regional marketing partnership grants.-- 27 (1) For the fiscal year 2008-2009, the department shall 28 award grants not to exceed 37% of the appropriation to fund 29 grants under this section. 30 (2) For the fiscal year 2009-2010, not more than 43% of 20080H2302B3404 - 6 -
1 the appropriated funds shall be made to fund grants under 2 this section. 3 (3) For the fiscal year 2010-2011, and every fiscal year 4 thereafter, not more than 50% of the appropriated funds shall 5 be made to fund grants under this section. 6 (c) Eligibility criteria for regional marketing partnership 7 grants.--In order to be eligible for a grant under this act, a 8 regional marketing partnership must satisfy the following 9 criteria: 10 (1) The region served by the regional marketing 11 partnership must include at least two counties or an 12 applicant from a county of the second class. 13 (2) The grantee must be an entity with a charter, bylaws 14 or other such binding governance document that specifies the 15 counties or parts of counties included in the tourism 16 marketing programs of the regional marketing partnership and 17 shall demonstrate that it provides comprehensive 18 representation of tourism stakeholders in the marketing 19 region. 20 (d) Appeal of decision.--A decision of ineligibility for 21 grants under this section may be appealed to the secretary, 22 whose decision shall be final. An appeal shall be heard in 23 accordance with the regional marketing partnership grant program 24 guidelines to be adopted by the department. 25 Section 7. Administration of act. 26 The department shall administer the tourism promotion program 27 so as to establish an effective and economical tourism promotion 28 program for the Commonwealth. 29 Section 8. Existing tourism promotion agencies. 30 It shall not be necessary for a tourism promotion agency that 20080H2302B3404 - 7 -
1 exists on the effective date of this section to be redesignated 2 by ordinance or resolution in order to be recognized by the 3 department under section 3. 4 Section 9. Repeal. 5 (a) Intent.--The General Assembly declares that the repeal 6 under subsection (b) is necessary to effectuate this act. 7 (b) Provision.--The act of April 28, 1961 (P.L.111, No.50), 8 known as the Tourist Promotion Law, is repealed. 9 Section 10. Effective date. 10 This act shall take effect immediately. C10L12DMS/20080H2302B3404 - 8 -