PRINTER'S NO. 2978
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2099
Session of
2019
INTRODUCED BY BOBACK, MILLARD, ULLMAN, MURT, BROWN, YOUNGBLOOD,
SHUSTERMAN, MOUL, CALTAGIRONE, HELM, HILL-EVANS, SCHWEYER,
GALLOWAY, JOHNSON-HARRELL AND OTTEN, DECEMBER 2, 2019
REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,
DECEMBER 2, 2019
AN ACT
Establishing the Pennsylvania Tourism Commission and the
Pennsylvania Tourism 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 Board established under
section 4.
"Commission." The Pennsylvania Tourism Commission
established under section 3.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
"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.
The Pennsylvania Tourism Commission is established as an
independent agency. The purposes, powers and duties of the
commission shall be vested in and exercised by the Pennsylvania
Tourism Board established under section 4.
Section 4. Pennsylvania Tourism Board.
(a) Establishment and membership.--The Pennsylvania Tourism
Board is established and shall consist of the following members
appointed by the Governor:
(1) The Secretary of Community and Economic Development.
(2) 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;
(ii) one member from a county of the second class or
20190HB2099PN2978 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(3) One member from the hotel and travel lodging sector.
(4) One member representing restaurants, taverns or
eating establishments.
(5) One at-large member with at least 10 years of
professional experience in marketing or advertising.
(6) One member from the retail shopping sector.
(7) One member from the recreation and entertainment
sector.
(8) One member from the transportation sector.
(b) Ex officio members.--The following, or a designee, 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 chairperson and minority chairperson of the
Community, Economic and Recreational Development Committee of
the Senate.
(6) The chairperson and minority chairperson of the
Tourism and Recreational Development Committee of the House
of Representatives.
(c) Term of office.--Members under subsection (a) shall
continue in office for terms of two or four years from the date
20190HB2099PN2978 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
of the members' 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) Chairperson.--The board shall select the chairperson 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)(1), (3), (4), (5), (6), (7)
and (8) shall constitute a quorum. No member of the board
under subsection (a)(2) shall count toward a quorum or vote
on motions to approve the grants.
20190HB2099PN2978 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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 July 19, 1957 (P.L.1017, No.451),
known as the State Adverse Interest Act.
(ii) The act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law.
(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
shall be the chief executive officer of the commission and
attend to administrative work of the commission. The chief
20190HB2099PN2978 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
executive officer shall serve at the pleasure of the board,
which shall fix the officer's 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
paragraph (4), an employee of the commission may 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 the
individual leaves employment with the commission.
(5) The commission may hire independent contractors as
required to achieve the tourism marketing, promotion and
development under this act.
(b) Specific powers.--The commission shall have the
following 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.
(5) To adopt a budget.
(6) To lease, furnish and equip buildings, rooms and
20190HB2099PN2978 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
other accommodations as shall be required for the operation
of the commission.
(7) To conduct all acts necessary or convenient to carry
out the powers granted to the commission 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 publicly accessible Internet
websites.
(15) To engage in any other tourism marketing, promotion
and development activities to attract leisure and business
travelers to this Commonwealth.
20190HB2099PN2978 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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 Tourism Promotion
Trust Fund established under section 9.
(c) Nonprofit entity.--
(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. ยง 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
entity shall be deposited into a fund created by the
20190HB2099PN2978 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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, cooperation, assistance, information and data
necessary to properly carry out powers and duties of the
commission.
(b) Review.--State departments, divisions, boards, bureaus,
20190HB2099PN2978 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 the
programs, plans or printed materials to ensure the coordination
of the tourism marketing, promotion and development efforts of
the Commonwealth.
Section 9. Tourism Promotion Trust Fund.
(a) Establishment.--A special fund is established within the
State Treasury to be known as the Tourism 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.
(c) Use of revenues.--
(1) Money in the fund shall be used by the commission to
effectuate the commission's powers and duties under this act,
including 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 may 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.
(d) Audit.--The accounts and books of the commission shall
20190HB2099PN2978 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(c) General.--All other acts and parts of acts are repealed
insofar as they are inconsistent with this act.
Section 11. Effective date.
This act shall take effect in 90 days.
20190HB2099PN2978 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13