CSHB 160(FIN) am: "An Act relating to state tourism marketing contracts with qualified trade associations and to tourism marketing campaigns; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 160(FIN) am 01 "An Act relating to state tourism marketing contracts with qualified trade associations 02 and to tourism marketing campaigns; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 44.33.120(d) is amended to read: 05 (d) During the term of a contract with a qualified trade association under 06 AS 44.33.125(a), the Department of Commerce, Community, and Economic 07 Development may not execute another tourism marketing campaign except as 08 provided under AS 44.33.125(b) or (c) [AS 44.33.125(b), (c), OR (d)]. 09 * Sec. 2. AS 44.33.125(a), as amended by sec. 2, ch. 103, SLA 2008, is amended to read: 10 (a) Subject to appropriations for the purpose, the Department of Commerce, 11 Community, and Economic Development shall, on or before June 1 [APRIL 1] of 12 each fiscal year, contract with a single qualified trade association for the purpose of 13 planning and executing a destination tourism marketing campaign during the next 14 fiscal year. The contract may be awarded only if the qualified trade association
01 provides matching funds equal to at least 50 percent of the state money used for costs 02 of the marketing campaign described in the contract. The state money used for the 03 costs of the marketing campaign described in the contract may not exceed 04 $12,000,000. The marketing campaign may promote distinct segments of tourism, 05 such as highway tourism, seasonal tourism, ecotourism, cultural tourism, regional 06 tourism, and rural tourism. Before the contract is executed, the marketing campaign 07 plan must be approved by the department. 08 * Sec. 3. AS 44.33.125(e) is repealed and reenacted to read: 09 (e) The marketing campaign conducted under a tourism marketing contract 10 awarded under (a) of this section shall be directed by a group within the qualified trade 11 association. The group shall consist of nine individuals, and the nine members of the 12 group shall be selected as follows: 13 (1) the governor shall select three members who are from the cruise 14 lines for three-year terms; and 15 (2) the qualified trade association shall select one member from each 16 of the four judicial districts and two members from the public; at least two of those 17 members shall be from tourism entities that employ fewer than 50 employees, at least 18 one of those members shall be from a tourism entity that employs more than 50 but 19 not more than 250 employees, and at least one of those members shall be from a 20 tourism entity that employs more than 250 employees; the qualified trade association 21 shall select the members and determine the length of the members' terms according to 22 the qualified trade association's bylaws or, if the qualified trade association is not an 23 entity that has bylaws, the rules for the internal governance of the qualified 24 association. 25 * Sec. 4. AS 44.33.125(h) is amended to read: 26 (h) A qualified trade association 27 (1) may not use money from a contract awarded under (a) or (c) of this 28 section 29 (A) [(1)] to lobby a municipality or an agency of a municipality 30 or to lobby the state or an agency of the state, as those terms are defined in 31 AS 44.99.030(b);
01 (B) [(2)] to raise funds that will be used to lobby a municipality 02 or an agency of a municipality or to lobby the state or an agency of the state, as 03 those terms are defined in AS 44.99.030(b); or 04 (C) [(3)] for administrative or overhead costs that directly 05 support any effort to lobby a municipality or an agency of a municipality or to 06 lobby the state or an agency of the state, as those terms are defined in 07 AS 44.99.030(b); or 08 (2) that has contracted with the state under (a) of this section may 09 not pay a person to lobby the legislature regarding the funding of the contract. 10 * Sec. 5. AS 44.33.125(d) is repealed. 11 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 TRANSITION: APPOINTMENTS BY GOVERNOR. The governor shall appoint the 14 three members under AS 44.33.125(e), as repealed and reenacted by sec. 3 of this Act, within 15 one month following the effective date of this section to staggered terms as follows: 16 (1) one member shall serve a one-year term; 17 (2) one member shall serve a two-year term; and 18 (3) one member shall serve a three-year term. 19 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 ADDITIONAL PAYMENTS. Notwithstanding AS 44.33.125(a), as amended by sec. 22 2 of this Act, if a qualified trade association satisfies its obligation to pay 50 percent of the 23 state money used for costs of the marketing campaign described in a tourism marketing 24 contract entered into under AS 44.33.125(a), as amended by sec. 2 of this Act, if the 50 25 percent is equal to or greater than $3,000,000, and if the qualified trade association offers to 26 amend the contract for a larger amount and to pay an amount in addition to the 50 percent it 27 has already paid, the state may amend the contract to increase the amount of the contract by 28 an amount that is equal to four times the additional amount offered by the qualified trade 29 association. If the contract is amended under this section, the state shall pay three times the 30 additional amount paid by the qualified trade association, except that the additional amount 31 paid by the qualified trade association may not exceed $1,500,000, and the amount by which
01 the contract is amended under this section may not exceed $6,000,000. However, even with 02 the additional payment by the state under this section, the state money used for the contract 03 may not exceed $12,000,000. The provisions of this section may be used only one time. In 04 this section, "qualified trade association" has the meaning given in AS 44.33.125(j). 05 * Sec. 8. Section 7 of this Act is repealed July 1, 2012. 06 * Sec. 9. This Act takes effect July 1, 2011.