act-2008-0-50•Pennsylvania Act 2008-50 — TOURISM PROMOTION ACT - ENACTMENT
Pennsylvania Act 2008-50 — TOURISM PROMOTION ACT - ENACTMENT
act-2008-0-502008 Pa. Act 50Law
Act text
TOURISM PROMOTION ACT - ENACTMENT
Act of Jul. 4, 2008, P.L. 621, No. 50 Cl. 12
AN ACT
Providing for assistance to agencies promoting tourism;
authorizing the Department of Community and Economic
Development to make grants and provide assistance to properly
designated tourism promotion agencies and regional marketing
partnerships; conferring powers and imposing duties on the
governing bodies of certain political subdivisions; and
repealing the Tourist Promotion Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Tourism
Promotion Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"County tourism promotion agency." A nonprofit corporation,
organization, association or agency which is designated by
ordinance in cities of the first class and by proper resolution
of the governing body of a county, concurred in by resolution of
the governing bodies of cities, boroughs, towns or townships
within the county which have an aggregate of more than 50% of
the total population of the county as determined by the most
recently completed decennial United States Census, as the agency
authorized to make application to and receive grants from the
Department of Community and Economic Development for the purpose
of representing a single governmental entity in accordance with
this act.
"Department." The Department of Community and Economic
Development of the Commonwealth.
"Eligible costs." Any and all promotional expenses incurred
by a tourism promotion agency in connection with marketing and
advertising activities. The term does not include rent,
utilities, equipment, insurance, financing and capital
expenditures.
"Governing body." The elected unit empowered to enact
ordinances or adopt resolutions in order to govern a particular
county, city, borough, town or township.
"Governor's Tourism Partnership." The Pennsylvania Travel
and Tourism Partnership established under the act of December 9,
2002 (P.L.1491, No.189), known as the Travel and Tourism Act.
"Place-based regional marketing partnership." An entity
supporting regional heritage or natural resources, including,
but not limited to, waterways, forests, mountains and
experiences that reflect regional assets.
"Regional marketing partnership." Any of the following:
(1) An eligible applicant under this act that primarily
includes a nonprofit entity representing a regional marketing
area determined by contiguous counties, that shares a sense
of place and experience conducive to tourism promotion.
(2) A marketing entity that focuses on experience-based
promotion across multiple regions or multiple states and that
focuses on specific interests or other themed tourism
experiences.
(3) A place-based regional marketing partnership or
eligible applicant from a county of the second class.
(4) For counties of the first class, the regional
attractions marketing agency as defined in section 3 of the
act of December 21, 1998 (P.L.1307, No.174), known as the
Community and Economic Improvement Act.
"Regional tourism promotion agency." A nonprofit
corporation, organization, association or agency which is
designated by the governing bodies of counties, governing body
of a county of the second class or governing body of a city of
the first class as the agency to make application to and receive
grants from the Department of Community and Economic Development
for the purpose of representing any of the following in
accordance with this act:
(1) Two or more counties.
(2) A county of the second class.
(3) A city of the first class.
"Secretary." The Secretary of Community and Economic
Development of the Commonwealth.
"Tourism promotion agency." A county or regional tourism
promotion agency.
"Tourist" and "tourism." The terms shall be synonymous.
Section 3. Recognition of tourism promotion agencies.
The department, upon receipt of certified copies of such
ordinances or resolutions designating a tourism promotion agency
to act within counties, a county of the second class or city of
the first class shall recognize such tourism promotion agency as
the sole such agency within the counties, county of the second
class or city of the first class for the purposes of this act.
Section 4. Applications for and approval of grants to tourism
promotion agencies.
(a) Duties of department.--
(1) The department, working jointly with the Governor's
Tourism Partnership, shall adopt guidelines for awarding
grants under this act.
(2) (i) For the fiscal year 2008-2009, the department
shall award grants in the amount of 63% of the
appropriation for grants under this section.
(ii) For the fiscal year 2009-2010, the department
shall award grants in the amount of 57% of the
appropriation for grants under this section.
(iii) For the fiscal year 2010-2011, and every
fiscal year thereafter, the department shall award 50% of
the appropriation for grants made under this section.
(b) Procedure.--
(1) A tourism promotion agency shall apply to the
department for grants under this section in accordance with
tourism promotion program guidelines adopted by the
department working jointly with the Governor's Tourism
Partnership.
(2) After reviewing the application, the department
shall award a grant to the tourism promotion agency not to
exceed the following:
(i) In the case of a regional tourism promotion
agency, two and one-half times the local funds expended
by the agency for eligible costs in the previous fiscal
year.
(ii) In the case of a county tourism promotion
agency, two times the local funds expended by the agency
for eligible costs in the previous fiscal year.
(c) Limitation on grant amounts.--No tourism promotion
agency shall be awarded more than 30% of the tourism promotion
agencies' portion of any appropriation allocated to tourism
promotion agencies under this section.
Section 5. Eligibility requirements for tourism promotion
agencies.
(a) Guidelines.--
(1) To qualify for a grant under this section, a tourism
promotion agency must meet all eligibility requirements as
set forth in the tourism promotion grant program guidelines
adopted by the department under this act.
(2) The department shall publish annually in the
Pennsylvania Bulletin a description of eligibility
requirements and guidelines.
(b) Criteria.--The criteria for eligibility established by
the tourism promotion grant program guidelines shall include,
but not be limited to, requiring the tourism promotion agency to
demonstrate:
(1) The existence of sufficient tourism assets, such as
lodging, service businesses and tourism attractions.
(2) The capability, through a combination of staffing
and contractual support, to carry out essential marketing
functions, such as:
(i) An interactive Internet website.
(ii) A strategic tourism marketing plan.
(iii) Comprehensive fulfillment services.
(c) Notification and appeal of determination of
noneligibility.--If the department determines that a tourism
promotion agency is ineligible for tourism promotion grant
program funding, the department shall provide the tourism
promotion agency with a written explanation of such
determination.
(d) Appeal of decision.--A decision of ineligibility may be
appealed to the secretary, whose decision shall be final. The
appeal must be filed in accordance with the tourism promotion
grant program guidelines to be adopted under this act.
Section 6. Regional marketing partnership grant program.
(a) Authorization.--The department may make grants to
regional marketing partnerships that satisfy the eligibility
criteria set forth in program guidelines to be adopted by the
department working jointly with the Governor's Tourism
Partnership.
(b) Funding for regional marketing partnership grants.--
(1) For the fiscal year 2008-2009, the department shall
award grants in the amount of 37% of the appropriation to
fund grants under this section.
(2) For the fiscal year 2009-2010, the department shall
award grants in the amount of 43% of the appropriation for
grants made under this section.
(3) For the fiscal year 2010-2011 and every fiscal year
thereafter, the department shall award grants in the amount
of 50% of the appropriation for grants made under this
section.
(c) Eligibility criteria for regional marketing partnership
grants.--In order to be eligible for a grant under this act, a
regional marketing partnership must satisfy the following
criteria:
(1) The regional marketing partnership must include:
(i) the regional attractions marketing agency as
defined in section 3 of the act of December 21, 1998
(P.L.1307, No.174), known as the Community and Economic
Improvement Act, for counties of the first class;
(ii) the tourist promotion agency for a county of
the second class;
(iii) at least two counties of the third class
through eighth class;
(iv) for the counties of Cameron, Clarion,
Clearfield, Clinton, Elk, Forest, Jefferson, Lycoming,
McKean, Potter, Tioga and Warren, the regional marketing
partnership determined by the tourist promotion agencies
of the counties to be the exclusive regional marketing
partnership for the counties; or
(v) a regional entity as defined by department
guidelines.
(2) The grantee must be an entity with a charter, bylaws
or other such binding governance document that specifies the
county, counties or parts of counties included in the tourism
marketing programs of the regional marketing partnership and
shall demonstrate that it provides comprehensive
representation of tourism stakeholders in the marketing
region.
(d) Appeal of decision.--A decision of ineligibility for
grants under this section may be appealed to the secretary,
whose decision shall be final. An appeal shall be heard in
accordance with the regional marketing partnership grant program
guidelines to be adopted by the department.
(e) Limitation.--No regional marketing partnership shall be
awarded more than 35% of the appropriation allocated to the
regional marketing partnership grant program in fiscal year
2008-2009. In fiscal year 2009-2010 and each fiscal year
thereafter, no regional marketing partnership shall be awarded
more than 30% of the appropriation allocated to the regional
marketing partnership grant program.
Section 7. Administration of act.
The department shall administer the tourism promotion program
so as to establish an effective and economical tourism promotion
program for the Commonwealth.
Section 8. Existing tourism promotion agencies.
It shall not be necessary for a tourism promotion agency that
exists on the effective date of this section to be redesignated
by ordinance or resolution in order to be recognized by the
department under section 3.
Section 29. Repeal.
(a) Intent.--The General Assembly declares that the repeal
under subsection (b) is necessary to effectuate this act.
(b) Provision.--The act of April 28, 1961 (P.L.111, No.50),
known as the Tourist Promotion Law, is repealed.
Section 30. Effective date.
This act shall take effect immediately.
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