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

1established by this act.

2"Destination marketing organization." A nonprofit
3corporation, organization, association or agency that is engaged
4in tourism marketing or promotion on a regional or Statewide
5basis to attract leisure or business travelers to this
6Commonwealth.

7"Tourism promotion agency." A recognized nonprofit
8corporation, organization, association or agency that is engaged
9in planning and promoting programs designed to stimulate and
10increase the volume of tourist, visitor and vacation business
11within counties served by the agency as that term is defined in
12the act of July 4, 2008 (P.L.621, No.50), known as the Tourism
13Promotion Act.

14Section 3. Pennsylvania Tourism Commission.

15An independent agency is established, which shall be a body
16corporate and politic to be known as the Pennsylvania Tourism
17Commission. The purposes, powers and duties of the commission
18shall be vested in and exercised by the Pennsylvania Tourism
19Commission Board, which board is established.

20Section 4. Pennsylvania Tourism Commission Board.

21(a) Membership.--The Pennsylvania Tourism Commission Board
22shall consist of the following members appointed by the
23Governor:

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

1or fifth class; and one member from a county of the sixth,
2seventh or eighth class.

<-3(1) Four members representing tourism promotion agencies 
4and destination marketing organizations to be selected from a 
5list of at least eight nominees submitted by the major 
6Statewide industry association representing tourism promotion 
7agencies, destination marketing organizations and convention 
8and visitors bureaus, as follows: one member from a county of 
9the first class; one member from a county of the second or 
10second class A; one member from a county of the third or 
11fourth class; and one member from a county of the fifth, 
12sixth, seventh or eighth class.

13(2) One member from the hotel and travel lodging sector.

14(3) One member representing restaurants, taverns or
15eating establishments.

16(4) Three One at-large <-members, each of whom has member 
17with at least ten years of professional experience in
18marketing or advertising.

19(5) One member from the retail shopping sector.

20(6) One member from the recreation and entertainment
21sector.

22(7) One member from the transportation sector.

<-23(8) The Secretary of Community and Economic Development.

24(b) Ex officio members.--The following, or their designees,
25shall serve as nonvoting ex officio members of the board:

26(1) The Secretary of <-Community and Economic Development 
<-27Agriculture.

28(2) The Secretary of Conservation and Natural Resources.

29(3) The executive director of the Pennsylvania
30Historical and Museum Commission.

1(4) The executive director of the Commonwealth of
2Pennsylvania Council on the Arts.

3(5) The chairman and minority chairman of the Community,
4Economic and Recreational Development Committee of the
5Senate.

6(6) The chairman and minority chairman of the Tourism
7and Recreational Development Committee of the House of
8Representatives.

9(c) Term of office.--Members under subsection (a) shall
10continue in office for terms of two or four years from the date
11of their initial appointment, the term of each appointed member
12to be designated by the Governor at the time of the appointment.
13Successor members shall be appointed for a term of four years.
14An appointment to fill a vacancy shall be for the remainder of
15the unexpired term. No member shall serve more than two full
16consecutive terms.

17(d) Chairman.--The board shall select the chairman of the
18board from among the members by a majority vote with a quorum
19present.

20(e) Qualifications of members.--Members under subsection (a)
21shall be qualified by reason of experience or employment and
22must be a resident of this Commonwealth for a period of at least
23one year immediately preceding appointment. Each member shall
24continue to remain a resident of this Commonwealth during the
25term of membership on the board.

<-26(f) Quorum.--A majority of the voting members of the board

<-27(f) Quorum.--

28(1) Except as otherwise provided in paragraph (2), a 
29majority of the voting members of the board shall constitute
30a quorum for the transaction of business at a meeting or the

1exercise of a power or function of the commission.

<-2(2) For the purposes of voting to approve grants to
3recognized tourism promotion agencies and destination
4marketing organizations under section 5(b)(17) and (18) or
5any other grants to recognized tourism promotion agencies and
6destination marketing organizations that may be established
7by statute or by the board, a majority of the voting members
8of the board under subsection (a)(2), (3), (4), (5), (6), (7)
9and (8) shall constitute a quorum. No member of the board
10under subsection (a)(1) shall count toward a quorum or vote
11on motions to approve such grants.

12(g) Meetings.--The board shall meet at least quarterly and
13from time to time as it determines.

14(h) Compensation.--Members shall serve without compensation
15but shall receive reimbursement for all reasonable and necessary
16expenses incurred in connection with the performance of their
17duties as members of the board.

18(i) Liability.--No member shall be personally liable for
19obligations of the commission or actions which were within the
20scope of the member's office and made in good faith.

21(j) Applicable laws.--

22(1) The following acts shall apply to the commission:

23(i) The act of February 14, 2008 (P.L.6, No.3),
24known as the Right-to-Know Law.

25(ii) The act of July 19, 1957 (P.L.1017, No.451),
26known as the State Adverse Interest Act.

27(iii) The provisions of 65 Pa.C.S. Chs. 7 (relating
28to open meetings) and 11 (relating to ethics standards
29and financial disclosure).

30(2) The commission shall be considered an independent

1agency for the purposes of 62 Pa.C.S. Pt. I (relating to
2Commonwealth Procurement Code), excluding expenditures under
3section 5(a)(5) and (b)(10), (11), (12), (13), (14) and (15).

4Section 5. <-General and specific powers Powers and duties.

5(a) General powers.--

6(1) The commission shall serve as the official tourism
7promotion and marketing agency of the Commonwealth.

8(2) The board shall appoint <-an executive director a 
9chief executive officer who shall be qualified by education
10and experience and who shall be the chief executive officer
11of the commission and attend to its administrative work. The
<-12executive director chief executive officer shall serve at the
13pleasure of the board, which shall fix his compensation
14subject to the approval of the Governor. At the discretion of
15the board, the <-executive director chief executive officer may
16be considered a State employee for purposes of 71 Pa.C.S. Pt.
17XXV (relating to retirement for State employees and
18officers).

19(3) The commission shall employ individuals as necessary
20to carry out the powers and duties of the commission, who
21shall serve at the board's pleasure. Notwithstanding the
22provisions of paragraph (4), an employee of the commission
23shall not be considered a State employee for purposes of 71
24Pa.C.S. Pt. XXV.

25(4) The commission may employ individuals who at the
26time of hiring are State employees as defined in 71 Pa.C.S.
27Pt. XXV and who shall continue in that status until they
28leave employment with the commission.

29(5) The commission may hire independent contractors as
30required to achieve the tourism marketing, promotion and

1development provisions of this act.

2(b) Specific powers.--The commission shall have the specific
3powers and duties:

4(1) To pay or satisfy obligations of the commission.

5(2) To sue or be sued, implead and be impleaded or
6interplead.

7(3) To contract and execute instruments as necessary to
8carry out the powers and duties of the commission.

9(4) To sell, transfer, convey and dispose of tangible or
10intangible property owned by the commission.

11(5) To adopt a budget.

12(6) To lease, furnish and equip such buildings, rooms
13and other accommodations as shall be required for the
14operation of the commission.

15(7) To do all acts and things necessary or convenient to
16carry out the powers granted to it by this act or any other
17act. The commission shall have no power to pledge the credit
18or taxing power of the Commonwealth.

19(8) To purchase insurance against a loss related to the
20commission's property or assets.

21(9) To retain attorneys, accountants, auditors and
22financial and other experts to render services as necessary.
23For the purposes of this paragraph, the commission shall be
24considered an independent agency for purposes of the act of
25October 15, 1980 (P.L.950, No.164), known as the Commonwealth
26Attorneys Act.

27(10) To develop, implement and update an annual travel
28and tourism marketing plan for the Commonwealth.

29(11) To develop the Commonwealth's official tourism
30slogan and official tourism logos.

1(12) To solicit and approve all requests for proposals
2which pertain to tourism marketing, promotion and
3development.

4(13) To make and execute contracts for tourism
5marketing, promotion and development.

6(14) To publish and distribute tourism marketing and
7promotion materials and maintain tourism sites, social media
8and mobile applications on the Internet.

9(15) To engage in any other tourism marketing, promotion
10and development activities to attract leisure and business
11travelers to this Commonwealth.

12(16) To develop policies necessary for the
13administration and enforcement of this act, including minimum
14standards for recognized tourism promotion agencies. <-The 
15commission shall adopt and administer the grant contract, 
16auditing and closeout requirements established by the 
17Department of Community and Economic Development.

18(17) To review and approve applications for grants to
19recognized tourism promotion agencies under the act of July
204, 2008 (P.L.621, No.50), known as the Tourism Promotion Act.

21(18) To review and approve applications for regional
22marketing partnership grants to recognized tourism promotion
23agencies and destination marketing organizations under the
24Tourism Promotion Act.

25(19) To collect and publish visitor statistics and
26tourism research.

27(20) To expend any revenue under the Tourist Promotion
28Trust Fund established under section 9.

<-29(c) Nonprofit entity.--

30(1) The board shall have the power to incorporate a

1nonprofit entity that is exempt from Federal taxation under
2section 501(c)(3) of the Internal Revenue Code of 1986
3(Public Law 99-514, 26 U.S.C. § 1 et seq.) for the purposes
4of soliciting and receiving monetary and in-kind
5contributions.

6(2) The members of the board shall serve as the members
7of the governing board of the nonprofit entity.

8(3) The board may use existing commission staff for the
9administration and operation of the nonprofit entity.

10(4) Monetary contributions received by the nonprofit
11entity shall be deposited into a fund created by the
12governing board of the nonprofit entity.

13(5) At least 90% of the monetary contributions received
14by the nonprofit entity and deposited in the fund under
15paragraph (4) shall be distributed to the board to be used to
16effectuate the powers and duties of the commission under this
17act.

18(d) Use of in-kind contributions.--The board shall use in-
19kind contributions to effectuate the powers and duties of the
20commission under this act.

21Section 6. Annual report.

22The commission shall submit a report to the Governor and the
23General Assembly by the second December 31 following the
24effective date of this section and every December 31 thereafter.
25The report shall include, at a minimum, a financial statement
26with commission revenue and expenditures, the tourism programs
27and projects undertaken by the commission and tourism
28statistics.

29Section 7. Transfer of department power.

30The powers and duties of the Department of Community and

1Economic Development imposed under the act of July 4, 2008
2(P.L.621, No.50), known as the Tourism Promotion Act, are
3transferred to and shall be exercised by the commission.

4Section 8. State agencies.

5(a) Cooperation.--The commission may request and receive
6from any department, division, board, bureau, commission or any
7other agency of the State or any political subdivision or
8authority such cooperation, assistance, information and data
9necessary to properly carry out its powers and duties.

10(b) Review.--State departments, divisions, boards, bureaus,
11commissions and other State agencies shall submit tourism
12programs, plans or printed materials to the commission for
13review prior to implementation, renewal or publishing of such
14programs, plans or printed materials to ensure the coordination
15of the tourism marketing, promotion and development efforts of
16the Commonwealth.

17Section 9. Tourist Promotion Trust Fund.

18(a) Establishment.--A special fund is established within the
19State Treasury to be known as the Tourist Promotion Trust Fund.

20(b) Deposits.--The following shall be deposited into the
21fund:

22(1) The amounts made available to the commission as
23executive authorizations and appropriations from the General
24Fund.

25(2) All money received by the commission from
26cooperative advertising, grants, donations, fees, interest
27and dividends.

28(3) Any other tax revenues and fees established by
29policy, rule or statute.

30(c) Use of revenues.--

1(1) Money in the fund shall be used by the commission to
2effectuate the commission's powers and duties under this act,
3including, but not limited to, tourism marketing and
4promotion, grants, fulfillment and the administrative costs
5of the commission.

6(2) Money in the fund is appropriated on a continuing
7basis to the commission and shall not lapse. As often as may
8be necessary, payments from the fund shall be made upon
9warrant of the State Treasurer after receipt of a requisition
10from the commission.

11(d) Audit.--The accounts and books of the commission shall
12be examined and audited <-from time to time annually by the
13Auditor General as provided in the act of April 9, 1929
14(P.L.343, No.176), known as The Fiscal Code.

15Section 10. Repeals.

16(a) Legislative intent.--The General Assembly finds and
17declares that the repeal under subsection (b) is necessary to
18effectuate the act.

19(b) Specific.--The act of December 9, 2002 (P.L.1491,
20No.189), known as the Travel and Tourism Act, is repealed.

21(c) General.--All other acts and parts of acts are repealed
22insofar as they are inconsistent with this act.

23Section 11. Effective date.

24This act shall take effect in 90 days.