HCS CSSB 350(FIN): "An Act relating to tourism and tourism marketing; eliminating the Alaska Tourism Marketing Council; and providing for an effective date."
00HOUSE CS FOR CS FOR SENATE BILL NO. 350(FIN) 01 "An Act relating to tourism and tourism marketing; eliminating the Alaska 02 Tourism Marketing Council; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 36.30.850(b) is amended by adding a new paragraph to read: 05 (38) a tourism marketing contract awarded under AS 44.33.125(a) or 06 a tourism related contract awarded under AS 44.33.125(b) to a qualified trade 07 association with a right of first refusal. 08 * Sec. 2. AS 39.50.200(a)(8) is amended to read: 09 (8) "public official" means a judicial officer, the governor, the 10 lieutenant governor, a person hired or appointed as the head or deputy head of, or 11 director of a division, a department in the executive branch, an assistant to the 12 governor, chair or member of a state commission or board, state investment officers 13 and the state comptroller in the Department of Revenue, [THE EXECUTIVE 14 DIRECTOR OF THE ALASKA TOURISM MARKETING COUNCIL,] and each
01 appointed or elected municipal officer; 02 * Sec. 3. AS 44.33.119 is amended to read: 03 Sec. 44.33.119. Purposes. The purposes of AS 44.33.119 - 44.33.125 04 [AS 44.33.119 - 44.33.135 AND AS 44.33.700 - 44.33.735] are to 05 (1) encourage the expansion and growth of the state's visitor industry 06 for the benefit of the citizens of the state; 07 (2) ensure that the economic benefits to be derived from tourism in the 08 state are retained in the state, to the greatest extent possible; 09 (3) ensure that a maximum number of residents of the state are 10 employed in the tourism industry; 11 (4) promote cooperation between the state and private sector in the 12 planning and execution of a [GENERIC] visitor marketing campaign in the public 13 interest; 14 (5) promote the development of visitor industry facilities, both in the 15 public sector and the private sector, through the use of state resources, as appropriate; 16 (6) ensure that the visitors' experience in the state is and continues to 17 be satisfactory and leads to word-of-mouth advertising and return visits to the state; 18 (7) ensure that consideration is given in the development and 19 implementation of the tourism program to local community goals and objectives, to 20 impacts on existing private enterprises, and to impacts on recreational and subsistence 21 opportunities for the residents of the state; 22 (8) promote the development of tourism opportunities along the 23 highway system of the state, including the marine highway, and in rural areas of the 24 state. 25 * Sec. 4. AS 44.33.120(b) is repealed and reenacted to read: 26 (b) The Alaska division of tourism shall 27 (1) cooperate with organizations in the private sector for the promotion 28 and development of tourism into and within the state; 29 (2) coordinate with municipal, state, and federal agencies for the 30 development of tourism resources in the state; 31 (3) promote and develop the state's tourist industry;
01 (4) plan and advocate for tourism and tourism development in 02 coordination with the private sector, municipalities, state, and federal agencies; 03 (5) administer and evaluate the tourism marketing contract program 04 under AS 44.33.125; 05 (6) administer visitor information centers; and 06 (7) conduct research about the state's visitor industry. 07 * Sec. 5. AS 44.33 is amended by adding a new section to read: 08 Sec. 44.33.125. Tourism marketing contracts and other tourism related 09 contracts. (a) Subject to appropriations for the purpose, the Alaska division of 10 tourism shall, on or before August 1 of each year, contract with a single qualified trade 11 association for the purpose of planning and executing a destination tourism marketing 12 campaign. The contract may be awarded only if the qualified trade association 13 provides matching funds equal to at least 30 percent of the costs of the marketing 14 campaign described in the contract. The marketing campaign may include media 15 advertising, establishing and operating a system for responding to visitor inquiries, 16 publishing and distributing information regarding vacation planning, establishing and 17 maintaining Internet sites that provide tourist information, and other activities related 18 to tourism that the division may designate in the contract. The marketing campaign 19 may promote distinct segments of tourism, such as highway tourism, seasonal tourism, 20 ecotourism, cultural tourism, regional tourism, and rural tourism. 21 (b) A qualified trade association that has been awarded a tourism marketing 22 contract under (a) of this section has, while the contract is in effect, the right of first 23 refusal for every other tourism related contract offered by the Alaska division of 24 tourism if the trade association provides matching funds equal to at least 30 percent 25 of the amount of the other tourism related contract. 26 (c) The marketing campaign conducted under a tourism marketing contract 27 awarded under (a) of this section must be directed by a group within the qualified 28 trade association that is broadly representative of the various sectors of the visitor 29 industry in the state and whose members are 30 (1) involved in a visitor industry business and have training in tourism 31 marketing; or
01 (2) officers or senior staff members of a state agency, a local 02 government, or a nonprofit enterprise established to promote the visitor industry. 03 (d) Materials produced and marketing information and tourism related data 04 generated by the qualified trade association under a contract awarded under (a) or (b) 05 of this section are the joint property of the qualified trade association and the Alaska 06 division of tourism. However, the qualified trade association may only use or permit 07 the use of the materials, information, or data to promote Alaska tourism. The qualified 08 trade association retains all revenue generated by the association under the contract. 09 If a qualified trade association provides the right to use a mailing list generated under 10 the contract, the list must be made available to every person at the same price except 11 that a person who is not a participant in the qualified trade association's marketing 12 program may be charged an additional amount based on the amount of the qualified 13 trade association's participation fee attributable to a participant's right of access to 14 mailing lists. The qualified trade association may restrict the right of a person to sell, 15 lease, or give the mailing list to other persons. 16 (e) A qualified trade association shall provide, on request, to the Alaska 17 division of tourism materials produced and marketing information and tourism related 18 data generated by the qualified trade association under a contract awarded under (a) 19 or (b) of this section, but the materials, information, and data provided to the division 20 are not public records under AS 09.25.100 - 09.25.220. 21 (f) A qualified trade association may not use money from a contract awarded 22 under (a) or (b) of this section 23 (1) to lobby a municipality or an agency of a municipality or to lobby 24 the state or an agency of the state as defined in AS 44.99.030(b); 25 (2) to raise funds that will be used to lobby a municipality or an agency 26 of a municipality or to lobby the state or an agency of the state as defined in 27 AS 44.99.030(b); or 28 (3) for administrative or overhead costs associated with any effort to 29 lobby a municipality or an agency of a municipality or to lobby the state or an agency 30 of the state as defined in AS 44.99.030(b). 31 (g) In this section, "qualified trade association" means a private, nonprofit
01 organization whose primary purposes include the promotion of tourism within the state 02 and encouraging tourists to visit the state and that has a statewide membership 03 consisting of representatives of all major sectors of the visitor industry, including 04 hotels, airlines, cruise lines, wholesale and retail travel agencies, visitor attractions, and 05 convention and visitors bureaus. 06 * Sec. 6. AS 44.33.125(a) is amended to read: 07 (a) Subject to appropriations for the purpose, the Alaska division of tourism 08 shall, on or before August 1 of each year, contract with a single qualified trade 09 association for the purpose of planning and executing a destination tourism marketing 10 campaign. The contract may be awarded only if the qualified trade association 11 provides matching funds equal to at least 60 [30] percent of the costs of the marketing 12 campaign described in the contract. The marketing campaign may include media 13 advertising, establishing and operating a system for responding to visitor inquiries, 14 publishing and distributing information regarding vacation planning, establishing and 15 maintaining Internet sites that provide tourist information, and other activities related 16 to tourism that the division may designate in the contract. The marketing campaign 17 may promote distinct segments of tourism, such as highway tourism, seasonal tourism, 18 ecotourism, cultural tourism, regional tourism, and rural tourism. 19 * Sec. 7. AS 44.33.125(b) is amended to read: 20 (b) A qualified trade association that has been awarded a tourism marketing 21 contract under (a) of this section has, while the contract is in effect, the right of first 22 refusal for every other tourism related contract offered by the Alaska division of 23 tourism if the trade association provides matching funds equal to at least 60 [30] 24 percent of the amount of the other tourism related contract. 25 * Sec. 8. AS 39.25.110(27); AS 39.50.200(b)(49); AS 44.33.135, 44.33.700, 44.33.705, 26 44.33.710, 44.33.715, 44.33.720, 44.33.723, 44.33.725, 44.33.727, 44.33.730, 44.33.733, 27 44.33.735; AS 44.66.010(a)(15); and AS 44.99.030(a)(14) are repealed. 28 * Sec. 9. Sections 1 - 5 and 8 of this Act take effect July 1, 1999. 29 * Sec. 10. Sections 6 and 7 of this Act take effect July 1, 2001.