SB 122: "An Act relating to tourism and to the Tourism Development and Marketing Council; eliminating the division of tourism and the Alaska Tourism Marketing Council; and providing for an effective date."
00SENATE BILL NO. 122 01 "An Act relating to tourism and to the Tourism Development and Marketing 02 Council; eliminating the division of tourism and the Alaska Tourism Marketing 03 Council; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 23.20.526(d)(8) is amended to read: 06 (8) in the employ of the state or a political subdivision of the state if 07 the service is performed by an individual in the exercise of duties 08 (A) as a judicial officer, the governor, the lieutenant governor, 09 a person hired or appointed as the head or deputy head of a department in the 10 executive branch, a person hired or appointed as the director of a division of 11 a department in the executive branch, an assistant to the governor, a chair or 12 member of a state commission or board, state investment officers and the state 13 comptroller in the Department of Revenue, the executive director of the 14 [ALASKA] Tourism Development and Marketing Council, an appointed or
01 elected municipal officer, any other elected official, the fiscal analyst of the 02 legislative finance division, the legislative auditor of the legislative audit 03 division, the executive director of the Legislative Affairs Agency, and the 04 directors of the divisions within the Legislative Affairs Agency; 05 (B) as a member of the Alaska Army National Guard or Alaska 06 Air National Guard or Alaska Naval Militia; 07 (C) as an employee serving on only a temporary basis in case 08 of fire, storm, snow, earthquake, flood, or similar emergency; or 09 (D) as an election official or election worker if the amount of 10 remuneration received by the individual during the calendar year for services 11 as an election official or election worker is less than $1,000; 12 * Sec. 2. AS 39.25.110(27) is amended to read: 13 (27) the executive director [AND OTHER STAFF] of the [ALASKA] 14 Tourism Development and Marketing Council; 15 * Sec. 3. AS 39.25.120(c)(15) is amended to read: 16 (15) the [DEPUTY DIRECTOR OF THE DIVISION OF TOURISM 17 AND THE] deputy director of the division of insurance in the Department of 18 Commerce and Economic Development; 19 * Sec. 4. AS 39.50.200(a)(8) is amended to read: 20 (8) "public official" means 21 (A) a judicial officer; 22 (B) the governor or the lieutenant governor; 23 (C) a person hired or appointed in a department in the executive 24 branch as 25 (i) the head or deputy head of the department; 26 (ii) the director or deputy director of a division; 27 (iii) a special assistant to the head of the department; 28 (iv) a person serving as the legislative liaison for the 29 department; 30 (D) an assistant to the governor or the lieutenant governor; 31 (E) the chair or a member of a state commission or board;
01 (F) state investment officers and the state comptroller in the 02 Department of Revenue; 03 (G) the executive director of the [ALASKA] Tourism 04 Development and Marketing Council; 05 (H) the chief procurement officer appointed under 06 AS 36.30.010; 07 (I) the executive director of the Alaska Human Resource 08 Investment Council; and 09 (J) each appointed or elected municipal officer; 10 * Sec. 5. AS 39.50.200(b)(49) is amended to read: 11 (49) [ALASKA] Tourism Development and Marketing Council 12 (AS 44.33.700); 13 * Sec. 6. AS 44.33.120(b) is amended to read: 14 (b) The Tourism Development and Marketing Council (AS 44.33.700) 15 [ALASKA DIVISION OF TOURISM] shall 16 (1) cooperate with [THE TOURISM MARKETING COUNCIL AND] 17 organizations in the private sector for the promotion and development of tourism and 18 conventions into and within the state; 19 (2) coordinate with municipal, state, and federal agencies for the 20 development and promotion of tourism resources and conventions in the state; 21 (3) [REVIEW AND APPROVE THE PROCUREMENT DOCUMENTS 22 AND PROCEDURES OF THE TOURISM MARKETING COUNCIL TO ENSURE 23 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS; 24 (4)] promote and develop the state's tourist and convention industry by 25 any of the following: 26 (A) publicizing state attractions through such means as display 27 advertising in magazines and newspapers, advertising on radio and television 28 or other advertising media, publishing pamphlets, brochures , and other graphic 29 and pictorial materials, or by aiding and assisting representatives of the media, 30 to ensure greater coverage of the visitor attractions in the state; 31 (B) participation in travel shows;
01 (C) [INCREASING THE AWARENESS OF THE CITIZENS 02 OF THE STATE AT THE STATEWIDE, REGIONAL, AND COMMUNITY 03 LEVEL OF THE ECONOMIC IMPORTANCE OF THE VISITOR 04 INDUSTRY; 05 (D)] assisting potential investors in creating new visitor 06 facilities; 07 (D) [(E)] administering programs of the state in which the state 08 provides matching funds for municipalities of the state or nonprofit 09 organizations that undertake the promotion of visitor travel to and the 10 development of visitor amenities in the state; 11 (E) [(F)] administering visitor information centers; 12 (F) [(G)] conducting research to evaluate the effectiveness of 13 the tourism marketing council's marketing programs; 14 (G) [(H) ANALYZING THE EFFECT ON THE STATE'S 15 VISITOR INDUSTRY OF STATE LAND AND RESOURCE 16 DEVELOPMENT PROJECTS; 17 (I)] organizing, administering, and evaluating demonstration 18 projects for the promotion of the state's visitor industry and the development 19 of new tourism destination markets; and 20 (H) [(J)] administering grants under AS 44.33.135. 21 * Sec. 7. AS 44.33.135 is amended to read: 22 Sec. 44.33.135. Grants for promotion or development of visitor travel. (a) 23 A municipality, a nonprofit corporation formed under AS 10.20, or a bona fide 24 nonprofit civic, fraternal, or service organization may receive, as a grant, matching 25 money from the Tourism Development and Marketing Council [STATE] for up to 26 80 [50] percent of the costs of a program or project that the council [DIRECTOR OF 27 TOURISM] determines is consistent with the purposes of AS 44.33.119 and is likely 28 to promote or develop visitor travel, including 29 (1) planning for the development of the visitor industry [THE 30 PROMOTION OF CONVENTIONS]; and 31 (2) studying the effects of the visitor industry on the municipality
01 and planning for mitigation of those effects [THE CONSTRUCTION, 02 IMPROVEMENT, OR OPERATION OF VISITOR DESTINATION FACILITIES 03 AND TOURIST ATTRACTIONS; AND 04 (3) THE DEVELOPMENT AND PRESERVATION OF 05 ATTRACTIONS OF HISTORICAL, CONTEMPORARY, RECREATIONAL, OR 06 CULTURAL INTEREST]. 07 (b) The Tourism Development and Marketing Council [COMMISSIONER 08 OF COMMERCE AND ECONOMIC DEVELOPMENT] shall adopt regulations under 09 AS 44.62 (Administrative Procedure Act) to carry out the provisions of this section. 10 * Sec. 8. AS 44.33.700 is amended to read: 11 Sec. 44.33.700. [ALASKA] Tourism Development and Marketing Council 12 established. The [ALASKA] Tourism Development and Marketing Council is 13 established as a public corporation of the state. It is an instrumentality of the state in 14 the Department of Commerce and Economic Development, but has a legal existence 15 independent of and separate from the state. Exercise by the council of the powers 16 conferred by AS 44.33.700 - 44.33.735 is an essential governmental function of the 17 state. 18 * Sec. 9. AS 44.33 is amended by adding a new section to read: 19 Sec. 44.33.702. Board of directors. (a) The 15 members of the board are 20 appointed by the governor and consist of 21 (1) five persons who are officials of destination marketing organizations 22 in unified municipalities or cities with at least 10,000 residents; 23 (2) two persons who are officials of destination marketing organizations 24 in unified municipalities or cities with less than 10,000 residents; 25 (3) two persons who are not engaged in the tourism industry; 26 (4) one person from each of the following sectors of the visitor 27 industry: 28 (A) air carrier; 29 (B) cruise ship; 30 (C) hotel; 31 (D) bed and breakfast;
01 (E) adventure tourism; 02 (F) tour operation. 03 (b) Board members serve for three year terms and may be reappointed. A 04 member serves at the pleasure of the governor. An individual appointed by the 05 governor to fill a vacancy on the board serves for the unexpired balance of the term 06 to which appointed. 07 (c) Board members receive no salary for serving, but are entitled to per diem 08 and travel expenses authorized for boards and commissions under AS 39.20.180, 09 except as provided in AS 44.33.733. 10 (d) Nine members of the board constitute a quorum for the purpose of 11 transacting business. The board shall annually elect one of its members to serve as 12 chair and may elect other officers. The board shall meet at least once each year at the 13 call of the chair or upon the written request of at least two board members. 14 (e) In (a) of this section, "destination marketing organizations" means 15 organizations that deal with tourism promotion and development, that were formed by 16 a municipality, and that are funded, at least in part, by the municipality. 17 * Sec. 10. AS 44.33.710 is amended to read: 18 Sec. 44.33.710. Employees. The board [OF DIRECTORS OF THE 19 COUNCIL] may employ [AND DETERMINE THE SALARY OF THE STAFF OF 20 THE COUNCIL, WHICH MAY INCLUDE] an executive director who may employ 21 staff. The executive director is in the exempt service under AS 39.25.110. The 22 board shall determine the salaries of the executive director and staff [AND NO 23 MORE THAN TWO OTHER EMPLOYEES. THE EXECUTIVE DIRECTOR AND 24 THE EMPLOYEES OF THE COUNCIL SHALL BE PAID SALARIES THAT ARE 25 COMPARABLE TO SALARIES PAID TO EMPLOYEES OF THE STATE. IF 26 THERE IS NO EXECUTIVE DIRECTOR, THE STAFF OF THE COUNCIL IS 27 SUPERVISED BY THE PRESIDING OFFICER OF THE BOARD]. 28 * Sec. 11. AS 44.33.715(a) is amended to read: 29 (a) The board may 30 (1) adopt, alter, and use a corporate seal; 31 (2) prescribe, adopt, amend, and repeal bylaws relating to the internal
01 management and operations of the council; 02 (3) sue and be sued in the name of the council; 03 (4) enter into agreements necessary to perform its functions; 04 (5) cooperate with a public or private board, organization, or agency 05 engaged in work or activities similar to the work or activities of the council, including 06 entering into contracts for joint programs of tourism advertising and marketing; 07 (6) receive contributions of money; 08 (7) establish offices in the state and otherwise incur expenses incidental 09 to the performance of its duties; 10 (8) appear on behalf of the council before boards, commissions, 11 departments, or other agencies of municipal, state, or federal government except as 12 provided under (b) of this section; 13 (9) acquire, hold, lease, sell, or otherwise dispose of property, but only 14 as [SUCH PROPERTY IS LIMITED TO THAT WHICH IS] necessary to the 15 administrative functioning of the council; 16 (10) appoint committees comprised of board and nonboard members; 17 the presiding officer of each committee shall be a board member; 18 (11) prepare and implement plans for the promotion of travel to and 19 inside the state; and 20 (12) sell, at fair market value, tourism advertising space in publications 21 and promotional materials developed by the council [; 22 (13) PROVIDE SPACE TO A QUALIFIED TRADE ASSOCIATION 23 IN PUBLICATIONS AND PROMOTIONAL MATERIALS DEVELOPED BY THE 24 COUNCIL IF THE TRADE ASSOCIATION HAS CONTRACTED WITH THE 25 DEPARTMENT UNDER AS 44.33.705(b) AND PAYS ITS PRO RATA SHARE OF 26 THE PRODUCTION COSTS FOR THE PUBLICATION OR PROMOTIONAL 27 MATERIAL; PAYMENT UNDER THIS PARAGRAPH IS PART OF THE 28 ASSOCIATION'S REQUIRED CONTRIBUTION UNDER AS 44.33.705(b); AND 29 (14) GRANT EXCLUSIVE RIGHTS TO A QUALIFIED TRADE 30 ASSOCIATION TO SELL OR LEASE TOURISM MAILING LISTS DEVELOPED 31 BY THE COUNCIL IF THE TRADE ASSOCIATION HAS CONTRACTED WITH
01 THE DEPARTMENT UNDER AS 44.33.705(b)]. 02 * Sec. 12. AS 44.33.723 is amended to read: 03 Sec. 44.33.723. Information and data. Marketing information and data 04 generated by the council, including tourism mailing lists containing consumer names, 05 addresses, and demographic information, are [NOT] public [WRITINGS OR] records 06 under AS 09.25.110 and [OR] 09.25.120. [TOURISM MAILING LISTS SOLD OR 07 LEASED BY THE QUALIFIED TRADE ASSOCIATION UNDER 08 AS 44.33.715(a)(14) SHALL BE SOLD OR LEASED WITHOUT DISCRIMINATION 09 TO ANY INDIVIDUAL OR BUSINESS FOR THE PURPOSE OF PROMOTING AN 10 ALASKA TOURISM PRODUCT OR SERVICE. THE QUALIFIED TRADE 11 ASSOCIATION MAY RESTRICT THE SUBSEQUENT SALE OR LEASE OF THE 12 TOURISM MAILING LISTS BY PURCHASERS OR LESSEES.] 13 * Sec. 13. AS 44.33.730(a) is amended to read: 14 (a) The [TOURISM MARKETING] council shall deposit money collected 15 under AS 44.33.700 - 44.33.735 in the general fund. 16 * Sec. 14. AS 44.33.735(1) is amended to read: 17 (1) "board" means the board of directors of the [ALASKA] Tourism 18 Development and Marketing Council; 19 * Sec. 15. AS 44.33.735(3) is amended to read: 20 (3) "council" means the [ALASKA] Tourism Development and 21 Marketing Council; 22 * Sec. 16. AS 44.66.010(a)(15) is amended to read: 23 (15) [ALASKA] Tourism Development and Marketing Council 24 (AS 44.33.700) -- December 30, 2005 [2000]; 25 * Sec. 17. AS 44.99.030(a)(14) is amended to read: 26 (14) [ALASKA] Tourism Development and Marketing Council. 27 * Sec. 18. AS 45.90.020(b) is amended to read: 28 (b) The Department of Commerce and Economic Development shall consult 29 with the Tourism Development and Marketing Council (AS 44.33.700) [STATE 30 DIVISION OR DEPARTMENT HAVING JURISDICTION OVER TOURISM] on 31 regulations and procedures established under this chapter.
01 * Sec. 19. TRANSITION. (a) The Tourism Development and Marketing Council 02 established in AS 44.33.700, as amended in sec. 8 of this Act, is a successor corporation for 03 the Alaska Tourism Marketing Council, and all assets and liabilities of the Alaska Tourism 04 Marketing Council are transferred to the Tourism Development and Marketing Council on the 05 effective date of this Act. 06 (b) Notwithstanding the terms of office under AS 44.33.702, enacted in sec. 9 of this 07 Act, the initial terms of office for members of the board of directors of the Tourism 08 Development and Marketing Council are as follows: 09 (1) two members appointed under AS 44.33.702(a)(1) serve for three-year 10 initial terms, two serve for two-year initial terms, and one serves for a one-year initial term; 11 (2) one member appointed under AS 44.33.702(a)(2) serves for a three-year 12 initial term and one serves for a two-year initial term; 13 (3) one member appointed under AS 44.33.702(a)(3) serves for a three-year 14 initial term and one serves for a one-year initial term; and 15 (4) one member appointed under AS 44.33.702(a)(4) serves for a three-year 16 initial term, two members serve for two-year initial terms, and three serve for one-year initial 17 terms. 18 * Sec. 20. AS 44.33.120(a), 44.33.705, 44.33.720(a)(6), 44.33.720(a)(7), 44.33.727, and 19 44.33.735(4) are repealed. 20 * Sec. 21. This Act takes effect January 1, 2000.