PRIOR PRINTER'S NOS. 3341, 3404 PRINTER'S NO. 3912
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, MENSCH,
HARHART, MURT, McILVAINE SMITH, FREEMAN, CLYMER, JAMES,
O'NEILL, HERSHEY, KULA, GIBBONS, HENNESSEY, QUINN AND
DENLINGER, MARCH 10, 2008
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 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.
1 The following words and phrases when used in this act shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "County tourism promotion agency." A nonprofit corporation,
5 organization, association or agency which is designated by
6 ordinance in cities of the first class and by proper resolution
7 of the governing body of a county, concurred in by resolution of
8 the governing bodies of cities, boroughs, towns or townships
9 within the county which have an aggregate of more than 50% of
10 the total population of the county, as determined by the most
11 recently completed decennial United States Census, as the agency
12 authorized to make application to and receive grants from the
13 Department of Community and Economic Development for the purpose
14 of representing a single governmental entity in accordance with
15 this act.
16 "Department." The Department of Community and Economic
17 Development of the Commonwealth.
18 "Eligible costs." Any and all promotional expenses incurred
19 by a tourism promotion agency in connection with marketing and
20 advertising activities. The term does not include operational <--
21 expenses, including, but not limited to, rent, utilities,
22 equipment, insurance, financing and capital expenditures.
23 "Governing body." The elected unit empowered to enact
24 ordinances or adopt resolutions in order to govern a particular
25 county, city, borough, town or township.
26 "Governor's Tourism Partnership." The Pennsylvania Travel
27 and Tourism Partnership established under the act of December 9,
28 2002 (P.L.1491, No.189), known as the Travel and Tourism Act.
29 "Place-based regional marketing partnership." An entity
30 supporting regional heritage or natural resources, including,
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1 but not limited to, waterways, forests, mountains and
2 experiences that reflect regional assets.
3 "Regional marketing partnership." Any of the following:
4 (1) An eligible applicant under this act that primarily
5 includes a nonprofit entity representing a regional marketing
6 area determined by contiguous counties, that shares a sense
7 of place and experience conducive to tourism promotion.
8 (2) A marketing entity that focuses on experience-based
9 promotion across multiple regions or multiple states and that
10 focuses on specific interests or other themed tourism
11 experiences.
12 (3) A place-based regional marketing partnership or
13 eligible applicant from a county of the second class.
14 (4) FOR COUNTIES OF THE FIRST CLASS, THE REGIONAL <--
15 ATTRACTIONS MARKETING AGENCY AS DEFINED IN SECTION 3 OF THE
16 ACT OF DECEMBER 21, 1998 (P.L.1307, NO.174), KNOWN AS THE
17 COMMUNITY AND ECONOMIC IMPROVEMENT ACT.
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
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1 promotion agency.
2 "TOURIST" AND "TOURISM." THE TERMS SHALL BE SYNONYMOUS. <--
3 Section 3. Recognition of tourism promotion agencies.
4 The department, upon receipt of certified copies of such
5 ordinances or resolutions designating a tourism promotion agency
6 to act within counties, a county of the second class or city of
7 the first class, shall recognize such tourism promotion agency
8 as the sole such agency within the counties, county of the
9 second class or city of the first class for the purposes of this
10 act.
11 Section 4. Applications for and approval of grants to tourism
12 promotion agencies.
13 (a) Duties of department.--
14 (1) The department, working jointly with the Governor's
15 Tourism Partnership, shall adopt guidelines for awarding
16 grants under this act.
17 (2) (i) For the fiscal year 2008-2009, the department
18 shall award grants not to exceed IN THE AMOUNT OF 63% of <--
19 the appropriation to fund FOR grants under this section. <--
20 (ii) For the fiscal year 2009-2010, not more than <--
21 THE DEPARTMENT SHALL AWARD GRANTS IN THE AMOUNT OF 57% of <--
22 the appropriated funds shall be made to fund <--
23 APPROPRIATION FOR grants under this section. <--
24 (iii) For the fiscal year 2010-2011, and every
25 fiscal year thereafter, not more than THE DEPARTMENT <--
26 SHALL AWARD 50% of the appropriated funds shall be made <--
27 to fund grants APPROPRIATION FOR GRANTS MADE under this <--
28 section.
29 (b) Procedure.--
30 (1) A tourism promotion agency shall apply to the
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1 department for grants under this section in accordance with
2 tourism promotion program guidelines adopted by the
3 department working jointly with the Governor's Tourism
4 Partnership.
5 (2) After reveiwing REVIEWING the application, the <--
6 department shall award a grant to the tourism promotion
7 agency not to exceed the following:
8 (i) In the case of a regional tourism promotion
9 agency, two and one-half times the local funds expended
10 by the agency for eligible costs in the previous fiscal
11 year.
12 (ii) In the case of a county tourism promotion
13 agency, two times the local funds expended by the agency
14 for eligible costs in the previous fiscal year.
15 (c) Limitation on grant amounts.--No tourism promotion
16 agency shall be awarded more than 30% of the tourism promotion
17 agencies' portion of any appropriation allocated to tourism
18 promotion agencies under this section.
19 Section 5. Eligibility requirements for tourism promotion
20 agencies.
21 (a) Guidelines.--
22 (1) To qualify for a grant under this section, a tourism
23 promotion agency must meet all eligibility requirements as
24 set forth in the tourism promotion grant program guidelines
25 adopted by the department under this act.
26 (2) The department shall publish annually in the
27 Pennsylvania Bulletin a description of eligibility
28 requirements and guidelines.
29 (b) Criteria.--The criteria for eligibility established by
30 the tourism promotion grant program guidelines shall include,
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1 but not be limited to, requiring the tourism promotion agency to
2 demonstrate:
3 (1) The existence of sufficient tourism assets, such as
4 lodging, service businesses and tourism attractions.
5 (2) The capability, through a combination of staffing
6 and contractual support, to carry out essential marketing
7 functions, such as:
8 (i) An interactive Internet website.
9 (ii) A strategic tourism marketing plan.
10 (iii) Comprehensive fulfillment services.
11 (c) Notification and appeal of determination of
12 noneligibility.--
13 (1) If the department determines that a tourism
14 promotion agency is ineligible for tourism promotion grant
15 program funding, the department shall provide the tourism
16 promotion agency with a written explanation of such
17 determination.
18 (d) Appeal of decision.--A decision of ineligibility may be
19 appealed to the secretary, whose decision shall be final. The
20 appeal must be filed in accordance with the tourism promotion
21 grant program guidelines to be adopted under this act.
22 Section 6. Regional marketing partnership grant program.
23 (a) Authorization.--The department may make grants to
24 regional marketing partnerships that satisfy the eligibility
25 criteria set forth in program guidelines to be adopted by the
26 department working jointly with the Governor's Tourism
27 Partnership.
28 (b) Funding for regional marketing partnership grants.--
29 (1) For the fiscal year 2008-2009, the department shall
30 award grants not to exceed IN THE AMOUNT OF 37% of the <--
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1 appropriation to fund grants under this section.
2 (2) For the fiscal year 2009-2010, not more than THE <--
3 DEPARTMENT SHALL AWARD GRANTS IN THE AMOUNT OF 43% of the
4 appropriated funds shall be made to fund grants APPROPRIATION <--
5 FOR GRANTS MADE under this section.
6 (3) For the fiscal year 2010-2011, and every fiscal year
7 thereafter, not more than THE DEPARTMENT SHALL AWARD GRANTS <--
8 IN THE AMOUNT OF 50% of the appropriated funds shall be made <--
9 to fund grants APPROPRIATION FOR GRANTS MADE under this <--
10 section.
11 (c) Eligibility criteria for regional marketing partnership
12 grants.--In order to be eligible for a grant under this act, a
13 regional marketing partnership must satisfy the following
14 criteria:
15 (1) The region served by the regional marketing <--
16 partnership must include at least two counties or an
17 applicant from a county of the second class.
18 (1) THE REGIONAL MARKETING PARTNERSHIP MUST INCLUDE: <--
19 (I) THE REGIONAL ATTRACTIONS MARKETING AGENCY AS
20 DEFINED IN SECTION 3 OF THE ACT OF DECEMBER 21, 1998
21 (P.L.1307, NO.174), KNOWN AS THE COMMUNITY AND ECONOMIC
22 IMPROVEMENT ACT FOR COUNTIES OF THE FIRST CLASS;
23 (II) THE TOURIST PROMOTION AGENCY FOR A COUNTY OF
24 THE SECOND CLASS;
25 (III) AT LEAST TWO COUNTIES OF THE THIRD CLASS
26 THROUGH EIGHTH CLASS;
27 (IV) FOR THE COUNTIES OF CAMERON, CLARION,
28 CLEARFIELD, CLINTON, ELK, FOREST, JEFFERSON, LYCOMING,
29 MCKEAN, POTTER, TIOGA AND WARREN, THE REGIONAL MARKETING
30 PARTNERSHIP DETERMINED BY THE TOURIST PROMOTION AGENCIES
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1 OF THE COUNTIES TO BE THE EXCLUSIVE REGIONAL MARKETING
2 PARTNERSHIP FOR THE COUNTIES; OR
3 (V) A REGIONAL ENTITY AS DEFINED BY DEPARTMENT
4 GUIDELINES.
5 (2) The grantee must be an entity with a charter, bylaws
6 or other such binding governance document that specifies the
7 COUNTY, counties or parts of counties included in the tourism <--
8 marketing programs of the regional marketing partnership and
9 shall demonstrate that it provides comprehensive
10 representation of tourism stakeholders in the marketing
11 region.
12 (d) Appeal of decision.--A decision of ineligibility for
13 grants under this section may be appealed to the secretary,
14 whose decision shall be final. An appeal shall be heard in
15 accordance with the regional marketing partnership grant program
16 guidelines to be adopted by the department.
17 (E) LIMITATION.--NO REGIONAL MARKETING PARTNERSHIP SHALL BE <--
18 AWARDED MORE THAN 35% OF THE APPROPRIATION ALLOCATED TO THE
19 REGIONAL MARKETING PARTNERSHIP GRANT PROGRAM IN FISCAL YEAR
20 2008-2009. IN FISCAL YEAR 2009-2010 AND EACH FISCAL YEAR
21 THEREAFTER, NO REGIONAL MARKETING PARTNERSHIP SHALL BE AWARDED
22 MORE THAN 30% OF THE APPROPRIATION ALLOCATED TO THE REGIONAL
23 MARKETING PARTNERSHIP GRANT PROGRAM.
24 Section 7. Administration of act.
25 The department shall administer the tourism promotion program
26 so as to establish an effective and economical tourism promotion
27 program for the Commonwealth.
28 Section 8. Existing tourism promotion agencies.
29 It shall not be necessary for a tourism promotion agency that
30 exists on the effective date of this section to be redesignated
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1 by ordinance or resolution in order to be recognized by the
2 department under section 3.
3 Section 9 29. Repeal. <--
4 (a) Intent.--The General Assembly declares that the repeal
5 under subsection (b) is necessary to effectuate this act.
6 (b) Provision.--The act of April 28, 1961 (P.L.111, No.50),
7 known as the Tourist Promotion Law, is repealed.
8 Section 10 30. Effective date. <--
9 This act shall take effect immediately.
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