Regular Session 2015-2016 House Bill 0642 P.N. 0742

PRINTER'S NO. 742

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

642

Session of

2015

INTRODUCED BY BOBACK, COHEN, PICKETT, MILLARD, V. BROWN, HELM,

D. COSTA, MOUL, GODSHALL, MACKENZIE, BROWNLEE, McNEILL,

PETRI, DIAMOND, LONGIETTI, ZIMMERMAN, DeLUCA, DEASY, MAHONEY,

MURT, SAINATO, KIRKLAND, SCHREIBER AND YOUNGBLOOD,

FEBRUARY 26, 2015

REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,

FEBRUARY 26, 2015

AN ACT

Establishing the Pennsylvania Tourism Commission and the

Pennsylvania Tourism Commission Board; providing for powers

and duties of the Pennsylvania Tourism Commission;

establishing the Tourism Promotion Trust Fund; and repealing

the Travel and Tourism Act.

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 Pennsylvania

Tourism Commission 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:

"Board." The Pennsylvania Tourism Commission Board

established by this act.

"Commission." The Pennsylvania Tourism Commission

established by this act.

"Destination marketing organization." A nonprofit

corporation, organization, association or agency that is engaged

in tourism marketing or promotion on a regional or Statewide

basis to attract leisure or business travelers to this

Commonwealth.

"Tourism promotion agency." A recognized nonprofit

corporation, organization, association or agency that is engaged

in planning and promoting programs designed to stimulate and

increase the volume of tourist, visitor and vacation business

within counties served by the agency as that term is defined in

the act of July 4, 2008 (P.L.621, No.50), known as the Tourism

Promotion Act.

Section 3. Pennsylvania Tourism Commission.

An independent agency is established, which shall be a body

corporate and politic to be known as the Pennsylvania Tourism

Commission. The purposes, powers and duties of the commission

shall be vested in and exercised by the Pennsylvania Tourism

Commission Board established under section 4.

Section 4. Pennsylvania Tourism Commission Board.

(a) Membership.--The Pennsylvania Tourism Commission Board

shall consist of the following members appointed by the

Governor:

(1) Four members representing tourism promotion agencies

and destination marketing organizations to be selected from a

list of at least eight nominees submitted by the major

Statewide industry association representing tourism promotion

agencies, destination marketing organizations and convention

and visitors bureaus, as follows:

(i) one member from a county of the first class;

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(ii) one member from a county of the second class or

second class A;

(iii) one member from a county of the third class or

fourth class; and

(iv) one member from a county of the fifth class,

sixth class, seventh class or eighth class.

(2) One member from the hotel and travel lodging sector.

(3) One member representing restaurants, taverns or

eating establishments.

(4) One at-large member with at least 10 years of

professional experience in marketing or advertising.

(5) One member from the retail shopping sector.

(6) One member from the recreation and entertainment

sector.

(7) One member from the transportation sector.

(8) The Secretary of Community and Economic Development.

(b) Ex officio members.--The following, or their designees,

shall serve as nonvoting ex officio members of the board:

(1) The Secretary of Agriculture.

(2) The Secretary of Conservation and Natural Resources.

(3) The executive director of the Pennsylvania

Historical and Museum Commission.

(4) The executive director of the Commonwealth of

Pennsylvania Council on the Arts.

(5) The chairman and minority chairman of the Community,

Economic and Recreational Development Committee of the

Senate.

(6) The chairman and minority chairman of the Tourism

and Recreational Development Committee of the House of

Representatives.

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continue in office for terms of two or four years from the date

of their initial appointment, the term of each appointed member

to be designated by the Governor at the time of the appointment.

Successor members shall be appointed for a term of four years.

An appointment to fill a vacancy shall be for the remainder of

the unexpired term. No member shall serve more than two full

consecutive terms.

(d) Chairman.--The board shall select the chairman of the

board from among the members by a majority vote with a quorum

present.

(e) Qualifications of members.--Members under subsection (a)

shall be qualified by reason of experience or employment and

must be a resident of this Commonwealth for a period of at least

one year immediately preceding appointment. Each member shall

continue to remain a resident of this Commonwealth during the

term of membership on the board.

(f) Quorum.--

(1) Except as otherwise provided in paragraph (2), a

majority of the voting members of the board shall constitute

a quorum for the transaction of business at a meeting or the

exercise of a power or function of the commission.

(2) For the purposes of voting to approve grants to

recognized tourism promotion agencies and destination

marketing organizations under section 5(b)(17) and (18) or

any other grants to recognized tourism promotion agencies and

destination marketing organizations that may be established

by statute or by the board, a majority of the voting members

of the board under subsection (a)(2), (3), (4), (5), (6), (7)

and (8) shall constitute a quorum. No member of the board

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under subsection (a)(1) shall count toward a quorum or vote

on motions to approve such grants.

(g) Meetings.--The board shall meet at least quarterly and

from time to time as it determines.

(h) Compensation.--Members shall serve without compensation

but shall receive reimbursement for all reasonable and necessary

expenses incurred in connection with the performance of their

duties as members of the board.

(i) Liability.--No member shall be personally liable for

obligations of the commission or actions which were within the

scope of the member's office and made in good faith.

(j) Applicable laws.--

(1) The following acts shall apply to the commission:

(i) The act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law.

(ii) The act of July 19, 1957 (P.L.1017, No.451),

known as the State Adverse Interest Act.

(iii) The provisions of 65 Pa.C.S. Chs. 7 (relating

to open meetings) and 11 (relating to ethics standards

and financial disclosure).

(2) The commission shall be considered an independent

agency for the purposes of 62 Pa.C.S. Pt. I (relating to

Commonwealth Procurement Code), excluding expenditures under

section 5(a)(5) and (b)(10), (11), (12), (13), (14) and (15).

Section 5. Powers and duties.

(a) General powers.--

(1) The commission shall serve as the official tourism

promotion and marketing agency of the Commonwealth.

(2) The board shall appoint a chief executive officer

who shall be qualified by education and experience and who

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shall be the chief executive officer of the commission and

attend to its administrative work. The chief executive

officer shall serve at the pleasure of the board, which shall

fix his compensation subject to the approval of the Governor.

At the discretion of the board, the chief executive officer

may be considered a State employee for purposes of 71 Pa.C.S.

Pt. XXV (relating to retirement for State employees and

officers).

(3) The commission shall employ individuals as necessary

to carry out the powers and duties of the commission, who

shall serve at the board's pleasure. Notwithstanding the

provisions of paragraph (4), an employee of the commission

shall not be considered a State employee for purposes of 71

Pa.C.S. Pt. XXV.

(4) The commission may employ individuals who at the

time of hiring are State employees as defined in 71 Pa.C.S.

Pt. XXV and who shall continue in that status until they

leave employment with the commission.

(5) The commission may hire independent contractors as

required to achieve the tourism marketing, promotion and

development provisions of this act.

(b) Specific powers.--The commission shall have the specific

powers and duties:

(1) To pay or satisfy obligations of the commission.

(2) To sue or be sued, implead and be impleaded or

interplead.

(3) To contract and execute instruments as necessary to

carry out the powers and duties of the commission.

(4) To sell, transfer, convey and dispose of tangible or

intangible property owned by the commission.

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(5) To adopt a budget.

(6) To lease, furnish and equip such buildings, rooms

and other accommodations as shall be required for the

operation of the commission.

(7) To do all acts and things necessary or convenient to

carry out the powers granted to it by this act or any other

act. The commission shall have no power to pledge the credit

or taxing power of the Commonwealth.

(8) To purchase insurance against a loss related to the

commission's property or assets.

(9) To retain attorneys, accountants, auditors and

financial and other experts to render services as necessary.

For the purposes of this paragraph, the commission shall be

considered an independent agency for purposes of the act of

October 15, 1980 (P.L.950, No.164), known as the Commonwealth

Attorneys Act.

(10) To develop, implement and update an annual travel

and tourism marketing plan for the Commonwealth.

(11) To develop the Commonwealth's official tourism

slogan and official tourism logos.

(12) To solicit and approve all requests for proposals

which pertain to tourism marketing, promotion and

development.

(13) To make and execute contracts for tourism

marketing, promotion and development.

(14) To publish and distribute tourism marketing and

promotion materials and maintain tourism sites, social media

and mobile applications on the Internet.

(15) To engage in any other tourism marketing, promotion

and development activities to attract leisure and business

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travelers to this Commonwealth.

(16) To develop policies necessary for the

administration and enforcement of this act, including minimum

standards for recognized tourism promotion agencies. The

commission shall adopt and administer the grant contract,

auditing and closeout requirements established by the

Department of Community and Economic Development.

(17) To review and approve applications for grants to

recognized tourism promotion agencies under the act of July

4, 2008 (P.L.621, No.50), known as the Tourism Promotion Act.

(18) To review and approve applications for regional

marketing partnership grants to recognized tourism promotion

agencies and destination marketing organizations under the

Tourism Promotion Act.

(19) To collect and publish visitor statistics and

tourism research.

(20) To expend any revenue under the Tourist Promotion

Trust Fund established under section 9.

(1) The board shall have the power to incorporate a

nonprofit entity that is exempt from Federal taxation under

section 501(c)(3) of the Internal Revenue Code of 1986

(Public Law 99-514, 26 U.S.C. § 1 et seq.) for the purposes

of soliciting and receiving monetary and in-kind

contributions.

(2) The members of the board shall serve as the members

of the governing board of the nonprofit entity.

(3) The board may use existing commission staff for the

administration and operation of the nonprofit entity.

(4) Monetary contributions received by the nonprofit

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entity shall be deposited into a fund created by the

governing board of the nonprofit entity.

(5) At least 90% of the monetary contributions received

by the nonprofit entity and deposited in the fund under

paragraph (4) shall be distributed to the board to be used to

effectuate the powers and duties of the commission under this

act.

(d) Use of in-kind contributions.--The board shall use in-

kind contributions to effectuate the powers and duties of the

commission under this act.

Section 6. Annual report.

The commission shall submit a report to the Governor and the

General Assembly by December 31 of the second year following the

effective date of this section and every December 31 thereafter.

The report shall include, at a minimum, a financial statement

with commission revenue and expenditures, the tourism programs

and projects undertaken by the commission and tourism

statistics.

Section 7. Transfer of department power.

The powers and duties of the Department of Community and

Economic Development imposed under the act of July 4, 2008

(P.L.621, No.50), known as the Tourism Promotion Act, are

transferred to and shall be exercised by the commission.

Section 8. State agencies.

(a) Cooperation.--The commission may request and receive

from any department, division, board, bureau, commission or any

other agency of the State or any political subdivision or

authority such cooperation, assistance, information and data

necessary to properly carry out its powers and duties.

(b) Review.--State departments, divisions, boards, bureaus,

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commissions and other State agencies shall submit tourism

programs, plans or printed materials to the commission for

review prior to implementation, renewal or publishing of such

programs, plans or printed materials to ensure the coordination

of the tourism marketing, promotion and development efforts of

the Commonwealth.

Section 9. Tourist Promotion Trust Fund.

(a) Establishment.--A special fund is established within the

State Treasury to be known as the Tourist Promotion Trust Fund.

(b) Deposits.--The following shall be deposited into the

fund:

(1) The amounts made available to the commission as

executive authorizations and appropriations from the General

Fund.

(2) All money received by the commission from

cooperative advertising, grants, donations, fees, interest

and dividends.

(3) Any other tax revenues and fees established by

policy, rule or statute.

(1) Money in the fund shall be used by the commission to

effectuate the commission's powers and duties under this act,

including, but not limited to, tourism marketing and

promotion, grants, fulfillment and the administrative costs

of the commission.

(2) Money in the fund is appropriated on a continuing

basis to the commission and shall not lapse. As often as may

be necessary, payments from the fund shall be made upon

warrant of the State Treasurer after receipt of a requisition

from the commission.

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(d) Audit.--The accounts and books of the commission shall

be examined and audited annually by the Auditor General as

provided in the act of April 9, 1929 (P.L.343, No.176), known as

The Fiscal Code.

Section 10. Repeals.

(a) Legislative intent.--The General Assembly finds and

declares that the repeal under subsection (b) is necessary to

effectuate the act.

(b) Specific.--The act of December 9, 2002 (P.L.1491,

No.189), known as the Travel and Tourism Act, is repealed.

insofar as they are inconsistent with this act.

Section 11. Effective date.

This act shall take effect in 90 days.

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