Regular Session 2021-2022 House Bill 0828 P.N. 0810

PRINTER'S NO. 810

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

828

Session of

2021

INTRODUCED BY BOBACK, KINSEY, HILL-EVANS, PISCIOTTANO, SANCHEZ,

JAMES, BURGOS, MOUL, MILLARD, ISAACSON, GALLOWAY, NEILSON,

GUENST AND WARREN, MARCH 8, 2021

REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,

MARCH 8, 2021

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 making related repeals.

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.

"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

second class A;

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(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.

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

of the members' initial appointment, the term of each appointed

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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.

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

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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

executive officer shall serve at the pleasure of the board,

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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

other accommodations as shall be required for the operation

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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.

(16) To develop policies necessary for the

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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.

(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

entity shall be deposited into a fund created by the

governing board of the nonprofit entity.

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(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,

commissions and other State agencies shall submit tourism

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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 tax collected by a booking agent on

accommodation fees under section 210(a)(1) of the act of

March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of

1971.

(2) The balance of any unexpended, uncommitted or

unencumbered money in the Tourism Promotion Fund established

under section 212 of the Tax Reform Code of 1971 at the

effective date of this section.

(3) The amounts made available to the commission as

executive authorizations and appropriations from the General

Fund.

(4) All money received by the commission from

cooperative advertising, grants, donations, fees, interest

and dividends.

(5) 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 tourism marketing and promotion, grants,

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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

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 following acts or parts of acts are

repealed:

(1) The act of December 9, 2002 (P.L.1491, No.189),

known as the Travel and Tourism Act.

(2) Section 210(b)(1) of the act of March 4, 1971

(P.L.6, No.2), known as the Tax Reform Code of 1971.

(3) Section 212 of the Tax Reform Code of 1971.

Section 11. Effective date.

This act shall take effect as follows:

(1) Section 9 of this act shall take effect immediately.

(2) The remainder of this act shall take effect in 90

days.

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