1Establishing the Pennsylvania Tourism Commission; providing for
2powers and duties of the Pennsylvania Tourism Commission;
3establishing the Tourism Promotion Trust Fund; and repealing
4the Travel and Tourism Act.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Short title.

8This act shall be known and may be cited as the Pennsylvania
9Tourism Commission Act.

10Section 2. Definitions.

11The following words and phrases when used in this act shall
12have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14"Board." The Pennsylvania Tourism Commission Board
15established by this act.

16"Commission." The Pennsylvania Tourism Commission
17established by this act.

1"Destination marketing organization." A nonprofit
2corporation, organization, association or agency that is engaged
3in tourism marketing or promotion on a regional or Statewide
4basis to attract leisure or business travelers to this
5Commonwealth.

6"Tourism promotion agency." A recognized nonprofit
7corporation, organization, association or agency that is engaged
8in planning and promoting programs designed to stimulate and
9increase the volume of tourist, visitor and vacation business
10within counties served by the agency as that term is defined in
11the act of July 4, 2008 (P.L.621, No.50), known as the Tourism
12Promotion Act.

13Section 3. Pennsylvania Tourism Commission.

14An independent agency is established, which shall be a body
15corporate and politic to be known as the Pennsylvania Tourism
16Commission. The purposes, powers and duties of the commission
17shall be vested in and exercised by the Pennsylvania Tourism
18Commission Board, which board is established.

19Section 4. Pennsylvania Tourism Commission Board.

20(a) Membership.--The Pennsylvania Tourism Commission Board
21shall consist of the following members appointed by the
22Governor:

23(1) Three members representing tourism promotion
24agencies to be selected from a list of at least six nominees
25submitted by the major Statewide industry association
26representing tourism promotion agencies, destination
27marketing organizations and convention and visitors bureaus,
28as follows: one member from a county of the first, second or
29second class A; one member from a county of the third, fourth
30or fifth class; and one member from a county of the sixth,

1seventh or eighth class.

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

3(3) One member representing restaurants, taverns or
4eating establishments.

5(4) Three at-large members, each of whom has at least
6ten years of professional experience in marketing or
7advertising.

8(5) One member from the retail shopping sector.

9(6) One member from the recreation and entertainment
10sector.

11(7) One member from the transportation sector.

12(b) Ex officio members.--The following, or their designees,
13shall serve as nonvoting ex officio members of the board:

14(1) The Secretary of Community and Economic Development.

15(2) The Secretary of Conservation and Natural Resources.

16(3) The executive director of the Pennsylvania
17Historical and Museum Commission.

18(4) The executive director of the Commonwealth of
19Pennsylvania Council on the Arts.

20(5) The chairman and minority chairman of the Community,
21Economic and Recreational Development Committee of the
22Senate.

23(6) The chairman and minority chairman of the Tourism
24and Recreational Development Committee of the House of
25Representatives.

26(c) Term of office.--Members under subsection (a) shall
27continue in office for terms of two or four years from the date
28of their initial appointment, the term of each appointed member
29to be designated by the Governor at the time of the appointment.
30Successor members shall be appointed for a term of four years.

1An appointment to fill a vacancy shall be for the remainder of
2the unexpired term. No member shall serve more than two full
3consecutive terms.

4(d) Chairman.--The board shall select the chairman of the
5board from among the members by a majority vote with a quorum
6present.

7(e) Qualifications of members.--Members under subsection (a)
8shall be qualified by reason of experience or employment and
9must be a resident of this Commonwealth for a period of at least
10one year immediately preceding appointment. Each member shall
11continue to remain a resident of this Commonwealth during the
12term of membership on the board.

13(f) Quorum.--A majority of the voting members of the board
14shall constitute a quorum for the transaction of business at a
15meeting or the exercise of a power or function of the
16commission.

17(g) Meetings.--The board shall meet at least quarterly and
18from time to time as it determines.

19(h) Compensation.--Members shall serve without compensation
20but shall receive reimbursement for all reasonable and necessary
21expenses incurred in connection with the performance of their
22duties as members of the board.

23(i) Liability.--No member shall be personally liable for
24obligations of the commission or actions which were within the
25scope of the member's office and made in good faith.

26(j) Applicable laws.--

27(1) The following acts shall apply to the commission:

28(i) The act of February 14, 2008 (P.L.6, No.3),
29known as the Right-to-Know Law.

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

1known as the State Adverse Interest Act.

2(iii) The provisions of 65 Pa.C.S. Chs. 7 (relating
3to open meetings) and 11 (relating to ethics standards
4and financial disclosure).

5(2) The commission shall be considered an independent
6agency for the purposes of 62 Pa.C.S. Pt. I (relating to
7Commonwealth Procurement Code), excluding expenditures under
8section 5(a)(5) and (b)(10), (11), (12), (13), (14) and (15).

9Section 5. General and specific powers.

10(a) General powers.--

11(1) The commission shall serve as the official tourism
12promotion and marketing agency of the Commonwealth.

13(2) The board shall appoint an executive director who
14shall be qualified by education and experience and who shall
15be the chief executive officer of the commission and attend
16to its administrative work. The executive director shall
17serve at the pleasure of the board, which shall fix his
18compensation subject to the approval of the Governor. At the
19discretion of the board, the executive director may be
20considered a State employee for purposes of 71 Pa.C.S. Pt.
21XXV (relating to retirement for State employees and
22officers).

23(3) The commission shall employ individuals as necessary
24to carry out the powers and duties of the commission, who
25shall serve at the board's pleasure. Notwithstanding the
26provisions of paragraph (4), an employee of the commission
27shall not be considered a State employee for purposes of 71
28Pa.C.S. Pt. XXV.

29(4) The commission may employ individuals who at the
30time of hiring are State employees as defined in 71 Pa.C.S.

1Pt. XXV and who shall continue in that status until they
2leave employment with the commission.

3(5) The commission may hire independent contractors as
4required to achieve the tourism marketing, promotion and
5development provisions of this act.

6(b) Specific powers.--The commission shall have the specific
7powers and duties:

8(1) To pay or satisfy obligations of the commission.

9(2) To sue or be sued, implead and be impleaded or
10interplead.

11(3) To contract and execute instruments as necessary to
12carry out the powers and duties of the commission.

13(4) To sell, transfer, convey and dispose of tangible or
14intangible property owned by the commission.

15(5) To adopt a budget.

16(6) To lease, furnish and equip such buildings, rooms
17and other accommodations as shall be required for the
18operation of the commission.

19(7) To do all acts and things necessary or convenient to
20carry out the powers granted to it by this act or any other
21act. The commission shall have no power to pledge the credit
22or taxing power of the Commonwealth.

23(8) To purchase insurance against a loss related to the
24commission's property or assets.

25(9) To retain attorneys, accountants, auditors and
26financial and other experts to render services as necessary.
27For the purposes of this paragraph, the commission shall be
28considered an independent agency for purposes of the act of
29October 15, 1980 (P.L.950, No.164), known as the Commonwealth
30Attorneys Act.

1(10) To develop, implement and update an annual travel
2and tourism marketing plan for the Commonwealth.

3(11) To develop the Commonwealth's official tourism
4slogan and official tourism logos.

5(12) To solicit and approve all requests for proposals
6which pertain to tourism marketing, promotion and
7development.

8(13) To make and execute contracts for tourism
9marketing, promotion and development.

10(14) To publish and distribute tourism marketing and
11promotion materials and maintain tourism sites, social media
12and mobile applications on the Internet.

13(15) To engage in any other tourism marketing, promotion
14and development activities to attract leisure and business
15travelers to this Commonwealth.

16(16) To develop policies necessary for the
17administration and enforcement of this act, including minimum
18standards for recognized tourism promotion agencies.

19(17) To review and approve applications for grants to
20recognized tourism promotion agencies under the act of July
214, 2008 (P.L.621, No.50), known as the Tourism Promotion Act.

22(18) To review and approve applications for regional
23marketing partnership grants to recognized tourism promotion
24agencies and destination marketing organizations under the
25Tourism Promotion Act.

26(19) To collect and publish visitor statistics and
27tourism research.

28(20) To expend any revenue under the Tourist Promotion
29Trust Fund established under section 9.

30Section 6. Annual report.

1The commission shall submit a report to the Governor and the
2General Assembly by the second December 31 following the
3effective date of this section and every December 31 thereafter.
4The report shall include, at a minimum, a financial statement
5with commission revenue and expenditures, the tourism programs
6and projects undertaken by the commission and tourism
7statistics.

8Section 7. Transfer of department power.

9The powers and duties of the Department of Community and
10Economic Development imposed under the act of July 4, 2008
11(P.L.621, No.50), known as the Tourism Promotion Act, are
12transferred to and shall be exercised by the commission.

13Section 8. State agencies.

14(a) Cooperation.--The commission may request and receive
15from any department, division, board, bureau, commission or any
16other agency of the State or any political subdivision or
17authority such cooperation, assistance, information and data
18necessary to properly carry out its powers and duties.

19(b) Review.--State departments, divisions, boards, bureaus,
20commissions and other State agencies shall submit tourism
21programs, plans or printed materials to the commission for
22review prior to implementation, renewal or publishing of such
23programs, plans or printed materials to ensure the coordination
24of the tourism marketing, promotion and development efforts of
25the Commonwealth.

26Section 9. Tourist Promotion Trust Fund.

27(a) Establishment.--A special fund is established within the
28State Treasury to be known as the Tourist Promotion Trust Fund.

29(b) Deposits.--The following shall be deposited into the
30fund:

1(1) The amounts made available to the commission as
2executive authorizations and appropriations from the General
3Fund.

4(2) All money received by the commission from
5cooperative advertising, grants, donations, fees, interest
6and dividends.

7(3) Any other tax revenues and fees established by
8policy, rule or statute.

9(c) Use of revenues.--

10(1) Money in the fund shall be used by the commission to
11effectuate the commission's powers and duties under this act,
12including, but not limited to, tourism marketing and
13promotion, grants, fulfillment and the administrative costs
14of the commission.

15(2) Money in the fund is appropriated on a continuing
16basis to the commission and shall not lapse. As often as may
17be necessary, payments from the fund shall be made upon
18warrant of the State Treasurer after receipt of a requisition
19from the commission.

20(d) Audit.--The accounts and books of the commission shall
21be examined and audited from time to time by the Auditor General
22as provided in the act of April 9, 1929 (P.L.343, No.176), known
23as The Fiscal Code.

24Section 10. Repeals.

25(a) Legislative intent.--The General Assembly finds and
26declares that the repeal under subsection (b) is necessary to
27effectuate the act.

28(b) Specific.--The act of December 9, 2002 (P.L.1491,
29No.189), known as the Travel and Tourism Act, is repealed.

30(c) General.--All other acts and parts of acts are repealed

1insofar as they are inconsistent with this act.

2Section 11. Effective date.

3This act shall take effect in 90 days.