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H.B. 88 Enrolled
AN ACT RELATING TO COMMUNITY AND ECONOMIC DEVELOPMENT; CREATING
THE TOURISM MARKETING PERFORMANCE FUND; PROVIDING DEFINITIONS;
PROVIDING CRITERIA TO DETERMINE ECONOMIC GROWTH IN THE TRAVEL
AND TOURISM INDUSTRY; PROVIDING FOR ALLOCATION OF FUNDS TO THE
DIVISION OF TRAVEL DEVELOPMENT; CREATING THE FUND'S COMMITTEE,
ITS MEMBERSHIP AND PURPOSE; AND APPROPRIATING $200,000 FROM THE
GENERAL FUND FOR FISCAL YEAR 1997-98 TO THE TOURISM MARKETING
This act affects sections of Utah Code Annotated 1953 as follows:
9-2-1701, Utah Code Annotated 1953
9-2-1702, Utah Code Annotated 1953
9-2-1703, Utah Code Annotated 1953
9-2-1704, Utah Code Annotated 1953
9-2-1705, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 9-2-1701 is enacted to read:
The Legislature finds and declares that the development of travel and tourism in Utah is
a state public purpose necessary to assure the welfare of its citizens, the growth of its economy,
and adequate employment of its citizens.
Section 2. Section 9-2-1702 is enacted to read:
As used in this part:
(1) "Administrator" means the Department of Community and Economic Development.
(2) "Commissioners" means the board of commissioners on the Division of Travel
(3) "Committee" means the Tourism Marketing Performance Fund Committee as created
in Section 9-2-1705.
(4) "Department" means the Department of Community and Economic Development.
(5) "Fund" means the restricted account known as the Tourism Marketing Performance Fund
created in Section 9-2-1703.
(6) "Industry" means the travel and tourism industry groups as described in Subsections
9-2-1703(2)(c)(ii)(A) through (E).
(7) "Institutional advertising" means advertising of Utah's cultural, historical, recreational,
scenic, and tourist attractions to consumers outside of Utah.
(8) "Performance measurement" means a standard to measure the economic growth in the
travel and tourism industry in comparison with the previous year's sales tax receipts based on criteria
as provided in Section 9-2-1703.
Section 3. Section 9-2-1703 is enacted to read:
9-2-1703. Creation of the fund -- Performance measurement -- Criteria -- Staff.
(1) There is created within the General Fund a restricted account known as the "Tourism
Marketing Performance Fund." The fund shall be administered by the administrator upon the advice
and recommendations of the committee.
(2) (a) The annual appropriation for the fund shall be determined by measuring the economic
growth in the travel and tourism industry in excess of the previous year's taxable sales. In no event
shall the annual appropriation exceed $200,000.
(b) If the economic growth in the travel and tourism industry exceeds 4% growth, as
measured by taxable sales, based on the previous year's taxable sales, the administrator may receive
funding through distribution of revenues from the fund.
(c) The department shall utilize this criteria to qualify for an annual appropriation:
(i) the expenditures by the industry for promoting and marketing Utah's cultural,
recreational, and scenic attractions to consumers outside of Utah in the previous fiscal year;
(A) as reported to the State Tax Commission on a form designed by the State Tax
(B) for the year beginning July 1 and ending June 30; and
(C) filed with the State Tax Commission prior to July 31 of each year; and
(ii) the amount of sales tax collected from the following industry groups:
(A) retail/eating and drinking;
(B) services/hotels and lodging;
(C) services/automotive rental;
(D) services/amusement and recreation; and
(d) If the department determines the industry's economic growth exceeds the previous year's
taxable sales by 4%, the Legislature shall appropriate $200,000 for the upcoming fiscal year. The
appropriation shall be the amount determined under Subsection (2)(c)(i) or (ii), whichever is the
Section 4. Section 9-2-1704 is enacted to read:
9-2-1704. Distribution of fund monies -- Determination of recipients -- Nonlapsing.
The appropriation to the Tourism Marketing Performance Fund shall be distributed in the
(1) the administrator shall distribute the monies in the fund to the Division of Travel
Development to be used for the purposes as provided in Section 9-3-204, with 75% of the funds
allocated to marketing and 25% of the funds allocated to infrastructure; and
(2) any undistributed appropriation at the end of the fiscal year shall be nonlapsing except
any balance greater than $200,000 shall lapse to the General Fund.
Section 5. Section 9-2-1705 is enacted to read:
9-2-1705. Creation of Tourism Marketing Performance Fund Committee -- Members
-- Appointment -- Qualifications --Terms -- Quorum -- Duties -- Per diem and expenses.
(1) There is created a Tourism Marketing Performance Fund Committee which shall consist
of 21 members.
(2) The members of the committee shall include:
(a) five members appointed by the Board of Commissioners of the Division of Travel
Development, three of whom are members of the Board of Commissioners; and
(b) 16 members of a private coalition of the industry known as the Utah Tourism Industry
Coalition recommended by the board of directors of the coalition.
(3) The governor shall appoint the committee members in Subsection (2)(b).
(4) The first committee appointments shall be for terms as follows:
(a) seven members shall be appointed for terms of two years;
(b) seven members shall be appointed for terms of three years; and
(c) seven members shall be appointed for terms of four years.
(5) If a vacancy occurs, the Board of Commissioners or the governor shall appoint a
qualified replacement to fill the unexpired term.
(6) The committee shall elect a chair and a vice chair from its membership.
(7) Eleven members of the committee shall constitute a quorum.
(8) The committee shall advise the administrator on the recommended allocation of the
monies in the fund as provided in Section 9-2-1704. The administrator shall distribute the monies
in the fund to the Division of Travel Development.
(9) The committee shall determine the time and place of meetings and any other procedural
matter not specified in this chapter.
(10) Members shall receive no compensation or benefits for their services, and shall receive
no per diem and expenses incurred in the performance of the member's official duties.
Section 6. Appropriation.
There is appropriated from the General Fund for fiscal year 1997-98 $200,000 to the Tourism
Marketing Performance Fund.
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