ASSEMBLY, No. 966

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblymen ASSELTA and BLEE

 

 

An Act establishing a tourism matching grant program in the Division of Travel and Tourism in the Department of Commerce and Economic Development, and making an appropriation.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. This act shall be known and may be cited as the "New Jersey Tourism Matching Grant Act."

 

    2. As used in this act:

    "Applicant" means any regional tourism council, county, municipality, or tourism promotion organization applying for a tourism grant pursuant to this act;

    "Audit" means an independent certified audit stating the actual financial position of the organization;

    "Commissioner" means the Commissioner of the Department of Commerce and Economic Development;

    "Committee" means the Matching Grant Advisory Committee created pursuant to section 7 of this act;

    "Department" means the Department of Commerce and Economic Development;

    "Director" means the Director of the Division of Travel and Tourism in the Department of Commerce and Economic Development;

    "Division" means the Division of Travel and Tourism in the Department of Commerce and Economic Development;

    "Grant Coordinator" means the Coordinator of the Division of Travel and Tourism Matching Grant Program;

    "Grantee" means a regional tourism council, county, municipality, or tourism promotion organization which has been awarded a grant under the Tourism Matching Grant Program;

    "Logo" means the promotional symbol authorized by the Division of Travel and Tourism for use in promoting tourism and related industries of the State of New Jersey;

    "Non-eligible costs" means those costs for which a tourism grant will not be awarded and are excluded from an applicant's total budget calculation, and shall include, but need not be limited to: durable equipment, capital investments, and the restoration or rehabilitation of structures or buildings, except when these items are an integral part of the proposed program or event; wages, payroll taxes and benefits for employees for the program or event; administrative expenses such as utility expenses, office space and equipment, postage, and office supplies; personal service contracts; travel expenses, including transportation costs, mileage, parking, lodging and per diem (excluding familiarization tours); entertainment expenses; rent of facilities (except travel show space); fireworks; and membership fees (except those required for trade show participation);

    "Regional tourism councils" means any or all of the six regional tourism councils designated and created under the New Jersey Tourism Master Plan by the Division of Travel and Tourism in the Department of Commerce and Economic Development;

    "Total budget" or "budget" means those costs for which a tourism matching grant may be awarded pursuant to this act, and shall include, but need not be limited to: media advertising; brochure development printing and distribution; cooperative advertising programs; trade show registration, fees and booth rental; travel missions (promotional expenses only); familiarization tours (travel expenses only); trade show promotions; distribution cost of promotional material; and promotional specialty items; and

    "Tourism promotional organization" means any non-profit organization created pursuant to N.J.S.15A:1-1 et seq. including, but not limited to, chambers of commerce, merchant business associations and heritage, cultural or historic commissions.

 

    3. The Commissioner shall establish within the division a tourism matching grant program for the period July 1, 1995 to June 30, 1996. This program shall encourage regional tourism councils, counties, municipalities and tourism promotion organizations, through the issuance of matching grants to these entities, to engage in creative promotional programs or events which complement State tourism promotional efforts. These programs or events should also target out-of-State markets and in-State markets that are in excess of 35 miles from the activity or outside the organization's designated boundary, in order to increase travel from out-of-State and among the State's regions.

 

    4. The grant program established pursuant to section 3 of this act shall be open to all regional tourism councils, counties, municipalities, and tourism programs that meet the requirements of this act. All applications for the grant program that meet the program requirements established by this act shall be given due consideration. A grant awarded pursuant to this act shall not exceed 50 percent of the total budget of the program or event.

 

    5. a. An applicant shall be eligible to receive a tourism grant upon receipt by the grant coordinator of a completed tourism matching grant application containing the following:

    (1) Proof of not-for-profit status and articles of incorporation;

    (2) A copy of the applicant's last fiscal year, or most recent, audit report demonstrating financial stability;

    (3) An overall marketing plan;

    (4) An overall program or event budget which includes the amount requested and all other anticipated funds for the period covered by the application, except that a county or municipality shall be required to provide only the budget for the specific program or event for which funding is being requested;

    (5) A description of the applicant's organizational structure, including the names and addresses of officers, directors and members;

    (6) A copy of the applicant's constitution, or, if applicable, by-laws; and

    (7) Copies of letters of commitment or similar documentation demonstrating the applicant's ability to pay for the portion of the program or event budget not supported by a grant awarded pursuant to this act.

    b. The amount of funding requested by an applicant may not exceed 50 percent of the total budget of the program or event. For the purposes of this subsection, the "total budget of the program or event" shall not include non-eligible costs.

    c. An applicant shall not be awarded more than one grant in each funding cycle. An applicant that has not met all terms and conditions of a grant award shall not be eligible to receive a subsequent grant award.

 

    6. Except as required pursuant to paragraph (4) of subsection a. of section 5 of this act, counties and municipalities shall not be required to provide the information required of applicants pursuant to subsection a.f section 5 of this act.

 

    7. a. The division shall establish a Matching Grant Advisory Committee which shall consist of:

    (1) Three members of the Tourism Advisory Council, as determined by the Council;

    (2) The Deputy Commissioner of Commerce and Economic Development or his or her designee;

    (3) The Director of the Division of Travel and Tourism; and

    (4) The chairpersons of the six regional tourism councils.

    b. The committee shall evaluate each application on the following factors and then rank all applications based upon the following criteria:

    (1) Integration of the program or event into the overall State tourism promotional program;

    (2) Prominent use of the division's promotional logo;

    (3) Program or event quality;

    (4) The anticipated benefit to the region in which the program or event is proposed;

    (5) The amount of local support for the program or event;

    (6) The amount of local funds raised during the previous year for tourism programs;

    (7) The scope of planning needed for the program or event; and

    (8) The scope of local participation in the program or event.

    c. Upon completion of the evaluation and ranking of grant applications pursuant to subsection b. of this section, the committee shall issue a report to the commissioner which shall include:

    (1) A prioritized listing for recommended grant recipients; and

    (2) A recommended amount for each grant.

    d. Upon receipt of the report, the commissioner shall issue a final decision as to the grant recipients and the amount of each grant. The department shall notify in writing each grant recipient selected to receive a grant award, and shall enclose a grant contract with the notification providing a deadline for submission of the contract. The commissioner may award grants on an incremental basis, such that a grantee may be required to produce specific documents for periodic reports as a condition of receiving the grant.

 

    8. The department shall adopt, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of this act. These rules and regulations shall include time periods for application submission, evaluation and actual distribution of grant awards.

 

    9. a. Any grant funds not utilized by the grantee shall be returned to the general grant pool and shall be available to other applicants or to increase awards to other grantees.

    b. Failure to submit a fully negotiated contract in a timely fashion, properly signed and dated with all documentation required pursuant to this act or to any rules or regulations adopted pursuant to this act, may result in forfeiture of the grant by the grantee.

 

    10. The Commissioner shall submit to the President of the Senate, the Speaker of the General Assembly, the chairman of the Senate Natural Resources, Trade and Economic Development Committee or its successor, and the chairman of the Assembly Tourism and Gaming


Committee or its successor a report on the tourism matching grant program no later than September 1, 1996.

 

    11. There is appropriated to the Department of Commerce and Economic Development from the General Fund $315,000 for grants to be made under this act. None of these moneys shall be used by the department for administrative purposes.

 

    12. This act shall take effect immediately, except that section 11 shall take effect July 1, 1995, and the act shall expire September 1, 1996.

 

 

STATEMENT

 

    This bill requires the Department of Commerce and Economic Development to establish within the Division of Travel and Tourism a tourism matching grant program for the period July 1, 1995 to June 30, 1996. The bill makes an appropriation of $315,000, all of which shall be used for grants, to the department from the General Fund, effective July 1, 1995. The program shall issue grants to regional tourism councils, counties, municipalities and tourism promotion organizations to encourage creative promotional programs or events that complement State tourism promotional efforts. A grant award shall not exceed 50 percent of the eligible costs of the budget of a program or event. In order to increase travel from out-of-State and among the State's regions, these programs or events should also target out-of-State markets and in-State markets that are in excess of 35 miles from the activity or outside the organization's designated boundary. Program requirements, including application evaluation criteria, are set forth in the bill and would be further clarified through the adoption of rules and regulations by the Department of Commerce and Economic Development.

    The bill requires that the Commissioner of the Department of Commerce and Economic Development submit a report on the tourism matching grant program to the President of the Senate, the Speaker of the General Assembly, the chairman of the Senate Natural Resources, Trade and Economic Development Committee or its successor, and the chairman of the Assembly Tourism and Gaming Committee or its successor no later than September 1, 1996. The act shall take effect immediately and shall expire September 1, 1996.

 

 

 

"New Jersey Tourism Matching Grant Act"; appropriates $315,000.