Bill Text: NJ A5100 | 2022-2023 | Regular Session | Amended
Bill Title: Eliminates Tourism Policy Council; requires updated tourism master plan; requires specific tourism data, research, and marketing; requires annual report.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced - Dead) 2023-02-16 - Reported and Referred to Assembly Appropriations Committee [A5100 Detail]
Download: New_Jersey-2022-A5100-Amended.html
ASSEMBLY, No. 5100
STATE OF NEW JERSEY
220th LEGISLATURE
INTRODUCED JANUARY 23, 2023
Sponsored by:
Assemblyman ROY FREIMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Co-Sponsored by:
Assemblywoman Reynolds-Jackson, Assemblymen Karabinchak, Verrelli, Mukherji, Sampson, Sauickie, Spearman and Assemblywoman Lampitt
SYNOPSIS
Eliminates Tourism Policy Council; requires updated tourism master plan; requires specific tourism data, research, and marketing; requires annual report.
CURRENT VERSION OF TEXT
As reported by the Assembly Tourism, Gaming and the Arts Committee on February 16, 2023, with amendments.
An Act concerning tourism plans, reports, and marketing, and amending P.L.1977, c.225 and P.L.2005, c.378, and repealing sections 7 and 10 of P.L.1977, c.225.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1977, c.225 (C.34:1A-46) is amended to read as follows:
2. The Legislature hereby finds and declares that:
a. Increased revenues for this State and more employment opportunities for its citizens will result from the proper promotion throughout the United States and the world of the many tourist attractions which New Jersey has to offer to vacationers and travelers.
b. Such proper promotion--and the desired expansion of tourism in New Jersey--will be enhanced by the formulation of a master plan for the development of the tourist industry throughout New Jersey.
c. It is an objective of State programs, agencies, and resources to provide an optimum of satisfaction and high-quality service to visitors, to protect the natural beauty of New Jersey, and to sustain, promote, and expand the economic health of the tourist industry in a manner and to the extent compatible with such goals.
d. Because of the crucial importance tourism plays in New Jersey's economy, the Department of State is therefore charged with the mandate to increase tourism through promotional, informational, educational, and developmental programs. These initiatives are to be designed to support a State policy of maintaining and increasing New Jersey's standing as a premier national and international travel destination. To implement this policy, the Department of State shall create advertisements for use on television, radio, the Internet and in print, to promote the State's diverse appeal to prospective national and international vacationers and travelers as part of its advertising, public relations, and marketing campaign. In addition, as required pursuant to section 9 of P.L.1977, c.225 (C.34:1A-53), the Division of Travel and Tourism shall annually review the [10] 5-year master plan developed pursuant to section 8 of P.L.1977, c.225 (C.34:1A-52) by the director of the division [with the assistance of the New Jersey Tourism Policy Council, ] and submit a report to the Governor and Legislature containing an evaluation of the preceding year's activities and developments in tourism and the revisions recommended in the master plan.
e. In the advancement and promotion of New Jersey's tourism industry, it is necessary to require that the division report semiannually to the Governor and the Legislature on the efforts of the division to promote tourism in New Jersey and on the expenditure of funds allocated to tourism advertising and promotion from hotel and motel occupancy fees pursuant to section 2 of P.L.2003, c.114 (C.54:32D-2). As tourism may be particularly sensitive to changing economic conditions, a frequent review of the State's tourism planning and activities may necessitate revisions in the State's tourism policy to further encourage tourism promotion and to otherwise meet the challenges of implementing this policy.
(cf: P.L.2007, c.253, s.1)
2. Section 3 of P.L.1977, c.225 (C.34:1A-47) is amended to read as follows:
3. As used in this act, unless a different meaning appears from the context:
["Council" means the New Jersey Tourism Policy Council.]
"Department" means the Department of State.
"Director" means the Director of the Division of Travel and Tourism.
"Division" means the Division of Travel and Tourism in the Department of State.
"Elected local official" means the county executive of any county wherein that office is established, a member of the governing body of a county, or a mayor or member of the governing body of a municipality.
"Tourism" means activities involved in providing and marketing services and products, including accommodations, for nonresidents and residents who travel to and in New Jersey for recreation and pleasure.
"Tourist industry" means the industry consisting of private and public organizations which directly or indirectly provide services and products to nonresidents and residents who travel to and in New Jersey for recreation and pleasure.
(cf: P.L.2007, c.253, s.2)
3. Section 8 of P.L.1977, c.225 (C.34:1A-52) is amended to read as follows:
8. The director [, upon consultation with the council,] shall develop a [10] 5-year master plan for the growth of tourism for presentation to the Governor and the Legislature no later than February 1, 1979. The director shall develop an update to the 5-year master plan to be submitted as part of the annual report as required under subsection l. of section 9 of P.L.1977, c.225 (C.34:1A-53) starting one year following the date of enactment of P.L. , c. (pending before the Legislature as this bill).
The plan shall include, but not be limited to, consideration of the following:
a. New Jersey's need for additional job opportunities and for tax revenues;
b. The optimum distribution of the tourist industry throughout the State and the effect of such industry on the environment;
c. The upgrading and improvement of the facilities and services available to tourists in New Jersey;
d. The development of tourist destination areas attractive in appearance, manageable in terms of densities, and with wholesome recreational opportunities;
e. The protection and preservation of shoreline areas;
f. The providing of access to shoreline areas for tourists and the assurance of the rights of residents to the use of public beaches and public beach access areas, surfing and fishing sites, hiking trails, and other recreational sites and scenic areas;
g. The reconstruction, maintenance, and preservation of sites which have been important in New Jersey history and American history;
h. The promotion of various cultural and ethnic holidays, observances, and festivities and of understanding by visitors and residents of the social and cultural contributions of all ethnic groups and people residing in New Jersey; and
i. The desirability and the feasibility of creating a Department of Tourism.
(cf: P.L.1977, c.225, s.8)
4. Section 9 of P.L.1977, c.225 (C.34:1A-53) is amended to read as follows:
9. In the pursuance and promotion of a State policy on tourism, the division, at the direction of the Secretary of State, shall:
a. Provide and promote adequate opportunities for county and municipal participation, federal agency participation, and private citizens' involvement in the decision-making process of tourism planning and policy formulation;
b. Encourage all State, county, and municipal governmental and private agencies to do their utmost to assure the personal safety of residents and tourists both within and without tourist destination areas;
c. Take whatever administrative, litigable, and legislative steps as are necessary to minimize the problems of tourists in not receiving contracted services, including transportation, tours, and hotels;
d. Attempt to reconcile and balance the activities and accommodations of the tourist with the daily pursuits and lifestyles of the residents;
e. Develop an understanding among all citizens of the role of tourism in New Jersey, both in terms of its economic and social importance and the problems it presents, through appropriate formal and informal learning experiences;
f. Cooperate with the Department of Education to promote throughout the educational system of New Jersey an awareness of New Jersey history and culture;
g. Ensure that the growth of the tourist industry is consistent with the attainment of economic, social, physical, and environmental objectives in any State plan and county plans that are adopted;
h. Continuously monitor and evaluate the social costs of growth of the tourist industry against the social benefits;
i. Emphasize in the State's tourism promotional efforts the high quality of the State's natural and cultural features;
j. Promote the tourist industry through such activities as Visitors Bureaus and similar county and municipal agencies, and assure that the tourist industry contributes its fair share of the cost of such promotion;
k. Request and receive from any department, division, board, bureau, commission, or other agency of the State, or any political subdivision or public authority thereof, such assistance and data as may be necessary to enable the division to carry out its responsibilities under this act;
l. [In consultation with the council, review] Review annually and [, if necessary,] revise or update the [10] 5-year master plan developed pursuant to section 8 of P.L.1977, c.225 (C.34:1A-52), and submit a report by February 28 of each year to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), containing an evaluation of the preceding year's activities and developments in tourism and the revisions recommended in the master plan. In addition, the annual report shall include, but not be limited to, a statewide, regional, and county analysis of:
(1) the day leisure travel market and the overnight leisure travel market.
(2) the tourism economic impact by industry.
(3) tourism by category with the categories including, but not limited to, the following:
(a) history, including colonial or Revolutionary War venues, historic towns and villages, sites related to the early Industrial Revolution in America, historic urban sites, and maritime and military history;
(b) State, county, and municipal parks;
(c) food and beverage, including New Jersey restaurants, distilleries, breweries, wineries, and cideries;
(d) gaming;
(e) professional and semi-professional sports;
(f) outdoor activities such as water sports, fishing, skiing, and hiking;
(g) amusements and entertainment, including cultural events, festivals, exhibits, theme parks, and museums;
(h) shopping, including business districts of unusual or specialized interest and venues featuring specialized retailing, including but not limited to, antiques and outlets;
(i) agritourism, including agricultural museums, farm tours, hayrides, and sites of agricultural interest; and
(j) the conventions.
(4) lodging usage by type with the types including, but not limited to, hotel, motel, shore rental, roadside lodge, campsite, and private rental.
(5) transportation by type, with the types including, but not limited to, train, bus, taxi, private ride or ride sharing services, personal vehicle, and bicycle or walk.
(6) the 1[10]1 tourism attractions receiving the most visitors.
(7) advertising and promotional expenditures.
The annual report shall include research on the effectiveness of New Jersey's travel and tourism marketing and media activities, including the branding of the State as a tourism destination, and consumer satisfaction and awareness of New Jersey as a tourist destination. The research shall provide for the regular documentation of standard tourism indicators, including hotel occupancy rates, room rates, rental activity, seasonal fluctuation per travel sector or region, State park visitation rates, utilization of the top 1[10]1 tourism attractions in the State, and utilization of the State's visitor centers. The research shall also include a survey of the marketing and media activities that increase tourism in other states. The division may contract with a consulting organization to establish the underlying research methodology and instrument, and to conduct, update, and interpret the research. The division shall ensure that there is no duplication between the research conducted pursuant to this paragraph and the survey required to be annually commissioned by the division to be conducted by the Lloyd D. Levenson Institute of Gaming, Hospitality and Tourism at Stockton University pursuant to subsection q. of this section;
m. [At the direction of the council, operate] Operate the division's Travel and Tourism Cooperative Marketing Campaign Program; [and]
n. Establish and operate the division's Travel and Tourism Advertising and Promotion Program; and
o. Commission the Lloyd D. Levenson Institute of Gaming, Hospitality and Tourism at Stockton University to conduct an annual survey and analysis of New Jersey's tourism industry for the purpose of providing data to improve the effectiveness of tourism promotion. The division shall make the survey and analysis results available to tourism groups throughout the State. In a year during which the Lloyd D. Levenson Institute of Gaming, Hospitality and Tourism is unable or unavailable to conduct the survey and analysis, the division shall choose another entity to conduct the survey and analysis for that year. The survey and analysis required to be commissioned pursuant to this subsection shall be in coordination with the division in order to avoid duplication.
5. Section 8 of P.L.2005, c.378 (C.34:1A-53.1) is amended to read as follows:
8. In addition to the powers and duties of the division as provided in section 9 of P.L.1977, c.225 (C.34:1A-53), the division shall submit a report no later than January 31 and July 31 of every year on the tourism marketing campaigns of the division and the expenditure of funds appropriated to the division for tourism promotion to the Governor, the President of the Senate, the Speaker of the General Assembly, the Senate State Government, Wagering, Tourism and Historic Preservation Committee, and the Assembly Tourism [and], Gaming and the Arts Committee, or their successors. The report shall include, but not be limited to, the following information:
a. A description of the efforts of the division to promote New Jersey tourism in the six-month period ending on December 31 and June 30 preceding the respective dates on which the report is due. The report shall list: (1) the type of each promotion made, including but not limited to, promotions in the form of print, radio, Internet or television advertisements, tourism information or reference guides, tourism event calendars or the attendance by employees of the division at conferences relevant to tourism promotion, (2) the content of each such advertisement, guide, calendar or other promotional aid made, or conference attended, (3) the dates and locations where tourism advertisements were shown, when such guides, calendars or other promotional aids were made available, or when such conferences took place, and (4) the aggregate amount of money expended on each advertisement, guide, calendar, promotional aid or conference listed;
b. A list of entities that received, in the six-month period ending on December 31 and June 30 preceding the respective dates on which the report is due, State matching funds under the division's Travel and Tourism Cooperative Marketing Campaign Program and the division's Advertising and Promotion Program, the amount of funds each entity received from either program, and the amount of each of the recipient entity's expenditures made from the funds of either program; and
c. A general description of the potential tourism promotion efforts the division is considering for the six-month period beginning on January 1 and July 1 preceding the respective dates on which the report is due. [Such description shall be distributed to the members of the council.] A member of the public may receive a copy of such description upon request.
The report shall identify whether or not each of the efforts to promote tourism listed in the report is consistent with the provisions of the [10] 5-year master plan developed pursuant to section 8 of P.L.1977, c.225 (C.34:1A-52), identify the relevant provisions of the master plan with which the effort to promote tourism is consistent or inconsistent, and provide an explanation of the consistency or inconsistency.
(cf: P.L.2007, c.253, s.7)
6. Sections 7 and 10 of P.L.1977, c.225 (C.34:1A-51 and C.34:1A-54) are repealed.
7. This act shall take effect immediately.
