Pennsylvania Act 1961-50 — TOURIST PROMOTION LAW - REPEALED

Act text

TOURIST PROMOTION LAW - REPEALED
                  Act of Apr. 28, 1961, P.L. 111, No. 50              Cl. 12
                                  AN ACT

     Providing for assistance to agencies promoting tourist travel
        and vacation business in Pennsylvania; authorizing the
        Department of Commerce to make grants and provide assistance
        to properly designated tourist promotion agencies; conferring
        powers and imposing duties on the governing bodies of certain
        political subdivisions.

        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 "Tourist Promotion Law."
        Section 2.  Declaration of Policy.--It is hereby determined
     and declared as a matter of legislative finding:
        (1)  That the health, safety, morals and general welfare of
     the people of the Commonwealth are directly dependent upon the
     continual encouragement, development, growth and expansion of
     business, industry and commerce within the Commonwealth.
        (2)  That unemployment, the spread of indigency, the heavy
     burden of public assistance and unemployment compensation can
     best be avoided by the promotion, attraction, stimulation,
     development and expansion of all business, industry and commerce
     in the Commonwealth.
        Therefore, it is declared to be the policy of the
     Commonwealth of Pennsylvania to promote the health, safety,
     morals and general welfare of its inhabitants through its
     Department of Commerce by means of grants to be made to tourist
     promotion agencies which are or may be engaged in planning and
     promoting programs designed to stimulate and increase the volume
     of tourist, visitor and vacation business within the counties
     served by such agencies.

        Compiler's Note:  The Department of Commerce, referred to in
            this section, was renamed the Department of Community and
            Economic Development by Act 58 of 1996.
        Section 3.  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:
        (1)  "County tourist promotion agency."  A nonprofit
     corporation, organization, association or agency which is
     designated by ordinance in cities of the first class and by
     proper resolution of the governing body of a county, concurred
     in by resolution of the governing bodies of cities, boroughs,
     towns or townships within the county which have an aggregate of
     more than fifty per centum of the total population of the
     county, as determined by the most recently completed decennial
     United States Census, as the agency authorized to make
     application to and receive grants from the Department of
     Commerce of the Commonwealth for the purpose of representing a
     single governmental entity in accordance with this act, except
     as otherwise provided in paragraph (6).
        (2)  "Department."  The Department of Commerce of the
     Commonwealth.
        (3)  "Eligible costs."
        (i)  The term includes promotional expenses incurred by a
     tourist promotion agency in connection with marketing and
     advertising activities, including, but not limited to, all of
     the following:
        (A)  Consultants and contractual services, (including
     contracts for fulfillment services or advertising).
        (B)  Travel.
        (C)  Postage.
        (D)  Printing and reproduction.
        (E)  Advertising.
        (F)  Public relations.
        (G)  A maximum of fifty per centum of the salaries and wages
     of persons employed by a tourist promotion agency who are
     responsible for fulfillment services as determined by the
     department.
        (H)  All toll-free and regular telephone charges except
     equipment purchase and repair charges.
        (I)  Salaries, benefits and wages of persons employed by a
     tourist promotion agency for the sole purpose of staffing an
     information center which is located at the central office or
     headquarters of the tourist promotion agency and is approved by
     the department.
        (J)  Salaries, benefits and wages of persons employed by a
     tourist promotion agency to staff, and rent and utilities and
     insurance associated with, an information center operated by the
     tourist promotion agency which is not located at the central
     office or headquarters of the tourist promotion agency.
        (ii)  Except as otherwise provided in subparagraph (i), the
     term does not include operational expenses, including, but not
     limited to, salaries, benefits, wages, rent, utilities, office
     supplies, equipment, insurance and vehicle expenses.
        (3.1)  "Fulfillment services."  All activities required to be
     performed in order to respond to travel and tourism inquiries,
     including, but not limited to, answering and responding to
     telephone and mail inquiries, stuffing envelopes, gathering
     requested material and distributing brochures.
        (4)  "Governing bodies."  The elected unit empowered to enact
     ordinances or adopt resolutions in order to govern a particular
     county, city, borough, town or township.
        (5)  "Governmental entity."  A city of the first class or a
     county.
        (6)  "Regional tourist promotion agency."  A nonprofit
     corporation, organization, association or agency which is
     designated by ordinance in cities of the first class and by
     proper resolution of the governing body of a county or counties
     as the agency to make application to and receive grants from the
     department for the purpose of representing any of the following
     in accordance with this act:
        (i)  Two or more governmental entities.
        (ii)  A county of the second class.
        (iii)  A city of the first class.
        (7)  "Tourist promotion agency."  Either a county or regional
     tourist promotion agency, as defined in this section.
        (3 amended June 29, 1989, P.L.64, No.14)

        Compiler's Note:  The Department of Commerce, referred to in
            this section, was renamed the Department of Community and
            Economic Development by Act 58 of 1996.
        Section 4.  Recognition of Tourist Promotion Agencies.--The
     Department of Commerce, upon receipt of certified copies of such
     ordinances or resolutions as may be necessary to satisfy it that
     a tourist promotion agency has been duly designated to act
     within a particular county or city of the first class, pursuant
     to section three of this act, shall recognize such tourist
     promotion agency as the sole such agency within such county or
     city for the purposes of this act.

        Compiler's Note:  The Department of Commerce, referred to in
            this section, was renamed the Department of Community and
            Economic Development by Act 58 of 1996.
        Section 5.  Applications for and Approval of Grants to
     Tourist Promotion Agencies.--
        (a)  The department is hereby authorized to make grants to
     recognized tourist promotion agencies to assist the agencies in
     the financing of their eligible costs for the purposes of making
     studies, surveys and investigations and in planning and carrying
     out of their promotional programs and projects.
        (b)  Before any such grant may be made:
        (1)  The tourist promotion agency shall apply to the
     department for the grant. In the application, the tourist
     promotion agency shall set forth the studies, surveys and
     investigations proposed to be made and the promotional program
     and projects proposed to be undertaken for the purpose of
     encouraging and stimulating tourist, visitor and vacation
     business in the county or counties. The application shall
     further state, under oath or affirmation, with evidence
     satisfactory to the department, the amount of funds held by or
     committed or subscribed to the tourist promotion agency for
     application to the purposes herein described and the amount of
     the grant for which application is made.
        (2)  The department, after reviewing the application, if
     satisfied that the program of the tourist promotion agency
     appears to be in accord with the purposes of this act, shall
     authorize the making of a matching grant to the tourist
     promotion agency equal to:
        (i)  In the case of a regional tourist promotion agency, two
     and one-quarter times the funds which the agency allocates to
     eligible costs incurred in connection with the program described
     in its application.
        (ii)  In the case of a county tourist promotion agency, two
     times the funds which the agency allocates to eligible costs
     incurred in connection with the program described in its
     application.
        (c)  An awarded grant shall not exceed the greater of the
     following:
        (1)  An amount equal to one-tenth of one dollar for each
     inhabitant of the city, county or counties represented by the
     agency as determined by the last preceding decennial United
     States Census.
        (2)  An amount equal to either of the following:
        (i)  In the case of a regional tourist promotion agency, two
     and one-quarter times the local funds expended by the agency for
     eligible costs in the previous fiscal year.
        (ii)  In the case of a county tourist promotion agency, two
     times the local funds expended by the agency for eligible costs
     in the previous fiscal year.
        (d)  No tourist promotion agency shall be eligible for more
     than thirty per centum of the appropriation to the department
     for the purposes set forth in this act.
        (e)  Funds appropriated and eligible for allocation which a
     tourist promotion agency has not certified will be used by March
     1 of the fiscal year shall be redistributed to the tourist
     promotion agencies which show adequate documentation that the
     funds can be utilized for projects initiated in the present
     fiscal year and that the funds so redistributed shall be
     considered encumbered for the purposes set forth in this act.
        (f)  As used in this section, the term "expended" shall
     include commitments by a tourist promotion agency in the fourth
     quarter of a fiscal year to the extent that the commitments do
     not exceed the contract balance amount, as determined by the
     department. ((f) added June 29, 1989, P.L.64, No.14)
        (5 amended Oct. 9, 1986, P.L.1442, No.139)
        Section 5.1.  Funding.--In order to fund eligible costs of
     cooperative marketing projects undertaken by two or more
     recognized tourist promotion agencies, the department shall set
     aside five per centum of the annual appropriation to the
     department appropriated to carry out the provisions of this act.
     Grants for these projects shall be made in accordance with
     section 5 and shall be in addition to other grants made to carry
     out the provisions of that section, except that funds set aside
     under this section which have not been allocated to a
     cooperative marketing project by January 1 of a fiscal year
     shall be distributed to eligible tourist promotion agencies to
     fund eligible costs.
        (5.1 added Oct. 9, 1986, P.L.1442, No.139)
        Compiler's Note:  The act of Oct. 9, 1986, P.L.1442, No.139,
            which added section 5.1, contained the following
            sections:
                Section 4.  Tourist promotion agencies that can
            demonstrate to the Department of Commerce that they
            cannot carry out their obligated assignments without
            overhead expenses, salaries, benefits, wages, rent,
            utilities, office supplies, insurance and vehicle
            expenses, and without receiving matching funds for these
            purposes, shall continue to be eligible for grants under
            the provisions of the act in effect prior to this
            amendatory act for up to a period of one year after the
            effective date of this amendatory act.
                Section 5.  This act shall take effect July 1, 1987.
        Section 6.  Payment of Grants to Tourist Promotion
     Agencies.--Upon approval of each application and the making of a
     grant by the department in accordance therewith, the department
     shall give notice to the particular tourist promotion agency of
     such approval and grant, and shall direct the tourist promotion
     agency to proceed with its proposed promotional program as
     described in its application and to use therefor funds allocated
     by the tourist promotion agency for such purpose. Upon the
     furnishing of satisfactory evidence to the department, on a
     quarterly basis, that the particular tourist promotion agency
     has so proceeded, the grant allocated to such tourist promotion
     agency shall be paid over on such basis to the tourist promotion
     agency by the department.
        Section 7.  Rules and Regulations of the Department.--The
     Department of Commerce is directed to administer this tourist
     promotion program with such flexibility so as to bring about as
     effective and economical a tourist promotion program as
     possible. In order to effectuate and enforce the provisions of
     this act, the Department of Commerce is authorized to promulgate
     necessary rules and regulations and prescribe procedures in
     order to assure compliance by tourist promotion agencies in
     carrying out the purposes for which grants may be made
     hereunder.

        Compiler's Note:  The Department of Commerce, referred to in
            this section, was renamed the Department of Community and
            Economic Development by Act 58 of 1996.
        Section 8.  Effective Date.--This act shall take effect
     immediately.