HB 220: "An Act relating to the duties of the commissioner of commerce and economic development concerning the Alaska Tourism Marketing Council; relating to the per diem travel expenses of the council's board of directors; relating to the powers and duties of the council; extending the termination date of the council; and providing for an effective date."
00HOUSE BILL NO. 220 01 "An Act relating to the duties of the commissioner of commerce and economic 02 development concerning the Alaska Tourism Marketing Council; relating to the per 03 diem travel expenses of the council's board of directors; relating to the powers 04 and duties of the council; extending the termination date of the council; and 05 providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 44.33.705(b) is amended to read: 08 (b) If the commissioner determines that there is a qualified trade association 09 in the state that has an interest in promoting [IT IS IN THE BEST INTERESTS 10 OF THE STATE TO PROMOTE] the state as a destination through the cooperative 11 marketing program, the commissioner shall contract with a single qualified trade 12 association to jointly manage the council if the trade association agrees that, before the 13 end of each fiscal year that the contract covers, the association will contribute at least 14 25 percent of the total operating expenses of the council for that fiscal year. The term
01 of a contract under this section may not exceed four [TWO] years. 02 * Sec. 2. AS 44.33.705(c) is amended to read: 03 (c) If the commissioner contracts with a qualified trade association under (b) 04 of this section, the governing body of the council is a board of directors consisting of 05 21 members and subject to the following provisions: 06 (1) a board member shall 07 (A) be involved in a visitor or recreation industry business; 08 (B) have training in a field such as marketing; 09 (C) be an officer or a senior staff member of a local 10 government or nonprofit enterprise established to promote the visitor industry; 11 or 12 (D) have business or government experience that would 13 materially enhance the member's ability to contribute to the planning, 14 execution, or evaluation of a visitor industry promotional marketing campaign; 15 (2) the contract shall provide that the trade association may select up 16 to 10 board members; the governor may remove a member of the board selected under 17 this paragraph on the delivery by the governor to the board of a written statement 18 explaining the reasons for the removal; 19 (3) the director of tourism is a member of the board; the governor shall 20 appoint 10 other board members; each board member appointed by the governor serves 21 at the pleasure of the governor; in making appointments to the board under this 22 paragraph, the governor shall ensure that the board, including members selected under 23 (2) of this subsection, is broadly representative of the different regions of the state and 24 the various sectors of the visitor industry; 25 (4) eleven members of the board constitute a quorum for the transaction 26 of business and the exercise of the powers and duties of the board, and any action by 27 the board requires 11 affirmative votes; 28 (5) the governor shall appoint a member of the board to serve as 29 presiding officer of the board; the board shall elect other necessary officers from 30 among its members annually; 31 (6) a board member may not participate or vote by proxy;
01 (7) the board shall meet at least four times a year at the call of the 02 presiding officer or upon the written request of seven members of the board; 03 (8) the members of the board appointed by the governor serve 04 staggered three-year terms, subject to continuation of the contract, and may be 05 reappointed; 06 (9) a person appointed to fill a vacancy on the board holds office for 07 the balance of the term of the person's predecessor; 08 (10) board members receive no salary for serving in that position, but 09 are entitled to per diem and travel expenses under AS 39.20.180 [, EXCEPT THAT 10 THEY ARE ENTITLED TO PER DIEM AND TRAVEL EXPENSES FOR TRAVEL 11 ONLY FOR THE PERCENTAGE OF TOTAL TRAVEL THAT OCCURS WITHIN 12 THE STATE]; the contract must provide that the trade association will reimburse the 13 council for per diem and travel expenses paid to those board members appointed by 14 the trade association; reimbursement under this paragraph does not qualify as a part 15 of the association's required contribution under (b) of this section; 16 (11) notwithstanding AS 39.52, a board member who is a member of 17 the qualified trade association that has contracted with the department under (b) of this 18 section may vote or take action on a matter that might benefit the trade association or 19 members of the trade association, including the issuance of contracts or the granting 20 of rights to the trade association, but shall disclose the person's membership in the 21 trade association before the vote or action; this paragraph may not be interpreted to 22 allow a board member or an immediate family member of a board member to receive, 23 apply for, be a party to, have a personal or financial interest in, or attempt to acquire 24 a grant or contract made by the council; in this paragraph, "immediate family member" 25 has the meaning given in AS 39.52.960. 26 * Sec. 3. AS 44.33.705(d) is amended to read: 27 (d) A contract or grant entered into by the council is not effective until signed 28 by the commissioner [DIRECTOR]. 29 * Sec. 4. AS 44.33.720(a) is amended to read: 30 (a) The council shall 31 (1) conduct a tourism marketing program designed to accomplish the
01 purposes of AS 44.33.700 - 44.33.735; the marketing program must include promotion 02 of the state as a destination and promotion of all forms of travel to the state, including 03 travel by air, highway, and water; 04 (2) prepare and implement plans for the promotion of Alaska tourism, 05 including necessary research; 06 (3) submit an annual report to the governor and the legislature 07 describing the activities of the council; 08 (4) make available to all interested persons, including tourism 09 businesses, a quarterly report of the council's actions and activities; 10 (5) annually submit a proposed operating budget to the commissioner 11 [DIRECTOR], to be used by the Department of Commerce and Economic 12 Development to prepare and submit the operating budget of the council under 13 AS 44.33.725; 14 (6) provide advice, on the request of the director of tourism, on the 15 programs of the division; 16 (7) submit a report to the legislature, by the 10th day of each regular 17 session, describing how the contractual money was spent in the first half of the year 18 and explaining the plan for expenditures during the second half of the year; 19 (8) consider methods to fund tourism marketing using both public and 20 private assets; and 21 (9) consider methods of providing for the financial self-sufficiency of 22 the council. 23 * Sec. 5. AS 44.66.010(a)(15) is amended to read: 24 (15) Alaska Tourism Marketing Council (AS 44.33.700) - December 25 30, 1999 [1996]; 26 * Sec. 6. AS 44.33.735(4) is repealed. 27 * Sec. 7. This Act takes effect July 1, 1995.