Pennsylvania Act 2008-50 — TOURISM PROMOTION ACT - ENACTMENT

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.