PRIOR PRINTER'S NOS. 3225, 3569 PRINTER'S NO. 3777
No. 2330 Session of 1986
INTRODUCED BY F. TAYLOR, BATTISTO, L. E. SMITH, BELARDI, STUBAN,
MOEHLMANN, AFFLERBACH, NOYE, LUCYK, FARGO, HONAMAN, PETRONE,
BRANDT, BOWSER, DORR AND BLAUM, APRIL 8, 1986
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 25, 1986
AN ACT
1 Amending the act of April 28, 1961 (P.L.111, No.50), entitled
2 "An act providing for assistance to agencies promoting
3 tourist travel and vacation business in Pennsylvania;
4 authorizing the Department of Commerce to make grants and
5 provide assistance to properly designated tourist promotion
6 agencies; conferring powers and imposing duties on the
7 governing bodies of certain political subdivisions," adding
8 definitions; and further providing for grants to tourist
9 promotion agencies.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 3 of the act of April 28, 1961 (P.L.111,
13 No.50), known as the Tourist Promotion Law, is amended to read:
14 Section 3. Definitions.--[The term "governing bodies" shall
15 mean as to any county, city, borough, town or township, the body
16 empowered to enact ordinances or to adopt resolutions for the
17 governance of such county, city, borough, town or township.
18 The term "tourist promotion agency" shall mean any nonprofit
19 corporation, organization, association or agency which shall be
20 designated by ordinance in cities of the first class and by
1 proper resolution of the governing body of any county concurred
2 in by resolution of the governing bodies of cities, boroughs,
3 towns or townships within said county having in the aggregate
4 over fifty per centum of the population of said county, as
5 determined by the last preceding decennial United States Census,
6 as the agency authorized to make application to and receive
7 grants from the Department of Commerce of the Commonwealth for
8 the purposes specified in this act. Any two or more counties
9 may, by the procedures herein provided, designate a single
10 tourist promotion agency to represent such counties for the
11 purposes of this act.] The following words and phrases when used
12 in this act shall have the meanings given to them in this
13 section unless the context clearly indicates otherwise:
14 "County tourist promotion agency." A nonprofit corporation,
15 organization, association or agency which is designated by
16 ordinance in cities of the first class and by proper resolution
17 of the governing body of a county, concurred in by resolution of
18 the governing bodies of cities, boroughs, towns or townships
19 within the county which have an aggregate of more than fifty per
20 centum of the total population of the county, as determined by
21 the most recently completed decennial United States Census, as
22 the agency authorized to make application to and receive grants
23 from the Department of Commerce of the Commonwealth for the
24 purpose of representing a single governmental entity in
25 accordance with this act, except as otherwise provided in
26 section 3(5).
27 "Department." The Department of Commerce of the
28 Commonwealth.
29 "Eligible costs." Expenses incurred by a tourist promotion
30 agency in connection with advertising and promotional
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1 activities, including, but not limited to, consultants and
2 contractual services, travel, postage, printing and
3 reproduction, advertising, promotion and public relations. The
4 term does not include overhead expenses, salaries, benefits,
5 wages, rent, utilities, office supplies, insurance and vehicle
6 expenses.
7 "Governing bodies." The elected unit empowered to enact
8 ordinances or adopt resolutions in order to govern a particular
9 county, city, borough, town or township.
10 "Governmental entity." A city of the first class or a
11 county.
12 "Regional tourist promotion agency." A nonprofit
13 corporation, organization, association or agency which is
14 designated in accordance with the provisions of section 3(1) as
15 the agency to make application to and receive grants from the
16 department for the purpose of representing any of the following
17 in accordance with this act:
18 (1) Two or more governmental entities.
19 (2) Allegheny County.
20 (3) Philadelphia County.
21 "Tourist promotion agency." Either a county or regional
22 tourist promotion agency, as defined in this section.
23 Section 2. Section 5 of the act, amended July 20, 1974
24 (P.L.581, No.200), is amended to read:
25 Section 5. Applications for and Approval of Grants to
26 Tourist Promotion Agencies.--[The Department of Commerce is
27 hereby authorized to make grants to recognized tourist promotion
28 agencies, to assist such agencies in the financing of their
29 operational costs for the purposes of making studies, surveys
30 and investigations and in planning and carrying out of their
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1 promotional programs and projects: Provided, That before any
2 such grant may be made:
3 (1) The tourist promotion agency shall have made application
4 to the Department of Commerce for such grant, and shall have
5 therein set forth the studies, surveys and investigations
6 proposed to be made, and the promotional program and projects
7 proposed to be undertaken for the purpose of encouraging and
8 stimulating tourist, visitor and vacation business in the county
9 or counties. The application shall further state, under oath or
10 affirmation, with evidence thereof satisfactory to the
11 department, the amount of funds held by or committed or
12 subscribed to the tourist promotion agency for application to
13 the purposes herein described and the amount of the grant for
14 which application is made; and
15 (2) The Department of Commerce, after review of the
16 application, if satisfied that the program of the tourist
17 promotion agency appears to be in accord with the purposes of
18 this act, shall authorize the making of a matching grant to such
19 tourist promotion agency equal to funds of the agency allocated
20 by it to the program described in its application: Provided,
21 however, That such State grant shall not exceed an amount equal
22 to one-tenth of one dollar for each inhabitant of the city,
23 county or counties represented by such agency as determined by
24 the last preceding decennial United States Census or an amount
25 equal to the local funds expended by such agency for tourist
26 promotion in the previous fiscal year, whichever is greater:
27 Provided, That no tourist promotion agency shall be eligible for
28 more than twenty per centum of the appropriation to the
29 Department of Commerce for the purposes set forth in this act.
30 Any funds appropriated and eligible for allocation which a
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1 tourist promotion agency has not certified will be used by March
2 1 of any fiscal year shall be redistributed to the tourist
3 promotion agencies which show adequate documentation that such
4 funds can be utilized for projects initiated in the present
5 fiscal year and that such funds so redistributed shall be
6 considered encumbered for the purposes set forth in this act.]
7 (a) The department is hereby authorized to make grants to
8 recognized tourist promotion agencies to assist the agencies in
9 the financing of their operational costs for the purposes of
10 making studies, surveys and investigations and in planning and
11 carrying out of their promotional programs and projects.
12 (b) Before any such grant may be made:
13 (1) The tourist promotion agency shall apply to the
14 department for the grant. In the application, the tourist
15 promotion agency shall set forth the studies, surveys and
16 investigations proposed to be made and the promotional program
17 and projects proposed to be undertaken for the purpose of
18 encouraging and stimulating tourist, visitor and vacation
19 business in the county or counties. The application shall
20 further state, under oath or affirmation, with evidence
21 satisfactory to the department, the amount of funds held by or
22 committed or subscribed to the tourist promotion agency for
23 application to the purposes herein described and the amount of
24 the grant for which application is made.
25 (2) The department, after reviewing the application, if
26 satisfied that the program of the tourist promotion agency
27 appears to be in accord with the purposes of this act, shall
28 authorize the making of a matching grant to the tourist
29 promotion agency equal to:
30 (i) In the case of a regional tourist promotion agency, two
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1 and one-quarter times the funds which the agency allocates to
2 eligible costs incurred in connection with the program described
3 in its application.
4 (ii) In the case of a county tourist promotion agency, two
5 times the funds which the agency allocates to eligible costs
6 incurred in connection with the program described in its
7 application.
8 (c) An awarded grant shall not exceed the greater of the
9 following:
10 (1) An amount equal to one-tenth of one dollar for each
11 inhabitant of the city, county or counties represented by the
12 agency as determined by the last preceding decennial United
13 States Census.
14 (2) An amount equal to either of the following:
15 (i) In the case of a regional tourist promotion agency, two
16 and one-quarter times the local funds expended by the agency for
17 eligible costs in the previous fiscal year.
18 (ii) In the case of a county tourist promotion agency, two
19 times the local funds expended by the agency for eligible costs
20 in the previous fiscal year.
21 (d) No tourist promotion agency shall be eligible for more
22 than thirty per centum of the appropriation to the department
23 for the purposes set forth in this act.
24 (e) Funds appropriated and eligible for allocation which a
25 tourist promotion agency has not certified will be used by March
26 1 of the fiscal year shall be redistributed to the tourist
27 promotion agencies which show adequate documentation that the
28 funds can be utilized for projects initiated in the present
29 fiscal year and that the funds so redistributed shall be
30 considered encumbered for the purposes set forth in this act.
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1 Section 3. The act is amended by adding a section to read:
2 Section 5.1. Funding.--In order to fund eligible costs of
3 cooperative marketing projects undertaken by two or more
4 recognized tourist promotion agencies, the department shall set
5 aside five per centum of the annual appropriation to the
6 department appropriated to carry out the provisions of this act.
7 Grants for these projects shall be made in accordance with
8 section 5 and shall be in addition to other grants made to carry
9 out the provisions of that section, except that funds set aside
10 under this section which have not been allocated to a
11 cooperative marketing project by January 1 of a fiscal year
12 shall be distributed to eligible tourist promotion agencies to
13 fund eligible costs.
14 Section 4. Tourist promotion agencies that can demonstrate
15 to the Department of Commerce that they cannot carry out their
16 obligated assignments without overhead expenses, salaries,
17 benefits, wages, rent, utilities, office supplies, insurance and
18 vehicle expenses, and without receiving matching funds for these
19 purposes, shall continue to be eligible for grants under the
20 provisions of the act in effect prior to this amendatory act for
21 up to a period of two years after the effective date of this
22 amendatory act. During this two-year period, any such tourist <--
23 promotion agency must show progress toward aligning itself with
24 one or more counties. At the end of said two-year period, all
25 grants to tourist promotion agencies shall be in accordance with
26 this amendatory act.
27 Section 5. This act shall take effect July 1, 1986.
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