House File 415 - Introduced
HOUSE FILE
BY RAECKER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act creating a department of tourism.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 1640HH 81
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PAG LIN
1 1 DIVISION I
1 2 CREATION OF THE DEPARTMENT OF TOURISM
1 3 Section 1. NEW SECTION. 15H.101 DEFINITIONS.
1 4 As used in this chapter, unless the context otherwise
1 5 requires:
1 6 1. "Department" means the department of tourism created in
1 7 section 15H.102.
1 8 2. "Director" means the director of the department.
1 9 Sec. 2. NEW SECTION. 15H.102 DEPARTMENT OF TOURISM.
1 10 The department of tourism is created. The department is
1 11 under the control of a director who shall be appointed by the
1 12 governor, subject to confirmation by the senate, and shall
1 13 serve at the pleasure of the governor. The salary of the
1 14 director shall be set by the governor within a range set by
1 15 the general assembly.
1 16 Sec. 3. NEW SECTION. 15H.103 DIRECTOR.
1 17 The director or a designee of the director shall:
1 18 1. Coordinate the internal operations of the department
1 19 and develop and implement policies and procedures designed to
1 20 ensure the efficient administration of the department.
1 21 2. Employ personnel as necessary to carry out the duties
1 22 and responsibilities of the department, consistent with the
1 23 merit system provisions of chapter 8A, subchapter IV, for
1 24 nonprofessional employees. Professional staff of the
1 25 department are exempt from the merit system provisions of
1 26 chapter 8A, subchapter IV.
1 27 3. Prepare an annual budget for the department.
1 28 4. Develop and recommend legislative proposals deemed
1 29 necessary for the continued efficiency of department functions
1 30 and review legislative proposals generated outside of the
1 31 department which are related to matters within the
1 32 department's purview.
1 33 5. Adopt rules deemed necessary for the implementation and
1 34 administration of this chapter and chapter 15F in accordance
1 35 with chapter 17A.
2 1 6. Appoint the administrators of the divisions of the
2 2 department.
2 3 7. Enter into contracts for the receipt and provision of
2 4 services as deemed necessary. The director and the governor
2 5 may obtain and accept federal grants and receipts to or for
2 6 the state to be used for the administration of this chapter.
2 7 8. Administer and enforce this chapter.
2 8 Sec. 4. NEW SECTION. 15H.104 DIVISIONS.
2 9 The director may establish administrative divisions within
2 10 the department in order to most efficiently and effectively
2 11 carry out the department's responsibilities.
2 12 Sec. 5. NEW SECTION. 15H.105 RESPONSIBILITIES OF
2 13 DEPARTMENT.
2 14 The department shall promote Iowa's public and private
2 15 recreation and tourism opportunities to Iowans and out=of=
2 16 state visitors and aid promotional and development efforts by
2 17 local governments and the private sector. To carry out these
2 18 responsibilities, the department shall do all of the
2 19 following:
2 20 1. Build general public consensus and support for Iowa's
2 21 public and private recreation, tourism, and leisure
2 22 opportunities and needs.
2 23 2. Recommend high=quality site management and maintenance
2 24 standards for all public and private recreation, tourism, and
2 25 leisure opportunities.
2 26 3. Coordinate and develop with the state department of
2 27 transportation, the department of natural resources, the
2 28 department of cultural affairs, the department of economic
2 29 development, and other state agencies public interpretation
2 30 and education programs which encourage Iowans and out=of=state
2 31 visitors to participate in recreation, tourism, and leisure
2 32 opportunities available in Iowa.
2 33 4. Coordinate with other departments to add Iowa's
2 34 recreation, tourism, and leisure resources to the agricultural
2 35 and other images which characterize the state on a national
3 1 level.
3 2 5. Consolidate and coordinate the many existing sources of
3 3 information about local, regional, statewide, and national
3 4 recreation, tourism, and leisure opportunities into a
3 5 comprehensive, state=of=the=art information delivery system
3 6 for Iowans and out=of=state visitors.
3 7 6. Formulate and direct marketing and promotion programs
3 8 to specific out=of=state market populations exhibiting the
3 9 highest potential for consuming Iowa's public and private
3 10 tourism products.
3 11 7. Provide ongoing long=range planning on a statewide
3 12 basis for improvements in Iowa's public and private tourism
3 13 opportunities.
3 14 8. Provide the private sector and local communities with
3 15 advisory services, including analysis of existing resources
3 16 and deficiencies, general development and financial planning,
3 17 marketing guidance, hospitality training, and other services.
3 18 9. Measure the change in public opinion of Iowans
3 19 regarding the importance of recreation, tourism, and leisure.
3 20 10. Provide annual monitoring of tourism visitation by
3 21 Iowans and out=of=state visitors to Iowa attractions, public
3 22 and private employment levels, and other economic indicators
3 23 of the recreation and tourism industry and report predictable
3 24 trends.
3 25 11. Identify new business investment opportunities for
3 26 private enterprise in the recreation and tourism industry.
3 27 12. Cooperate with and seek assistance from the department
3 28 of cultural affairs.
3 29 13. Seek coordination with and assistance from the
3 30 department of natural resources in regard to the Mississippi
3 31 river parkway under chapter 308 for the purposes of furthering
3 32 tourism efforts along the parkway.
3 33 14. Collect, assemble, and publish a list of farmers who
3 34 have agreed to host overnight guests, for purposes of
3 35 promoting agriculture and farm tourism in the state, to the
4 1 extent that funds are available.
4 2 15. Establish a revolving fund to receive contributions to
4 3 be used for cooperative advertising efforts. Fees and
4 4 royalties obtained as a result of licensing the use of logos
4 5 and other creative materials for sale by private vendors on
4 6 selected products may be deposited in the fund. The
4 7 department shall adopt by rule a schedule for fees and
4 8 royalties to be charged.
4 9 16. Establish a revolving fund to receive contributions
4 10 and funds from the product sales center to be used for the
4 11 start=up or expansion of tourism special events, fairs, and
4 12 festivals as established by department rule.
4 13 DIVISION II
4 14 CONFORMING AMENDMENTS
4 15 Sec. 6. Section 7E.5, subsection 1, Code 2005, is amended
4 16 by adding the following new paragraph:
4 17 NEW PARAGRAPH. w. The department of tourism, created in
4 18 chapter 15H, which has the primary responsibility of promoting
4 19 Iowa's public and private recreation, tourism, and leisure
4 20 opportunities.
4 21 Sec. 7. Section 12.73, Code 2005, is amended to read as
4 22 follows:
4 23 12.73 VISION IOWA FUND MONEYS == ADMINISTRATIVE COSTS.
4 24 During the term of the vision Iowa program established in
4 25 section 15F.302, two hundred thousand dollars of the moneys
4 26 deposited each fiscal year in the vision Iowa fund and
4 27 appropriated for the vision Iowa program shall be allocated
4 28 each fiscal year to the department of economic development
4 29 tourism for administrative costs incurred by the department
4 30 for purposes of administering the vision Iowa program.
4 31 Sec. 8. Section 15.106, subsection 5, Code 2005, is
4 32 amended to read as follows:
4 33 5. Review and submit to the board legislative proposals
4 34 necessary to maintain current state economic development and
4 35 tourism laws.
5 1 Sec. 9. Section 15.108, subsection 5, Code 2005, is
5 2 amended by striking the subsection.
5 3 Sec. 10. Section 15.221, subsection 1, Code 2005, is
5 4 amended to read as follows:
5 5 1. The Iowa Lewis and Clark bicentennial commission is
5 6 established in the department of economic development tourism
5 7 for purposes of coordinating and promoting the observance of
5 8 this state's bicentennial commemoration of the Lewis and Clark
5 9 expedition. The commission shall be organized and shall
5 10 operate as a nonprofit corporation within this state in
5 11 accordance with chapter 504 or 504A.
5 12 Sec. 11. Section 15.221, subsection 2, paragraph b, Code
5 13 2005, is amended to read as follows:
5 14 b. The administrator of the division director of the
5 15 department of tourism within the department of economic
5 16 development, or the administrator's director's designee.
5 17 Sec. 12. Section 15F.101, subsection 2, Code 2005, is
5 18 amended to read as follows:
5 19 2. "Department" means the Iowa department of economic
5 20 development tourism created in section 15.105 15H.102.
5 21 Sec. 13. Section 15F.102, subsection 2, paragraph f, Code
5 22 2005, is amended to read as follows:
5 23 f. The director of the department of economic development
5 24 tourism.
5 25 Sec. 14. Section 15F.102, subsections 3, 4, and 6, Code
5 26 2005, are amended to read as follows:
5 27 3. All appointments, except the director of the department
5 28 of economic development tourism, the treasurer of state, and
5 29 the auditor of state, shall be made by the governor, shall
5 30 comply with sections 69.16 and 69.16A, and shall be subject to
5 31 confirmation by the senate. All appointed members of the
5 32 board shall have demonstrable experience or expertise in the
5 33 field of tourism development and promotion, public financing,
5 34 architecture, engineering, or major facility development or
5 35 construction.
6 1 4. All members of the board, except the director of the
6 2 department of economic development tourism, the treasurer of
6 3 state, and the auditor of state, shall be residents of
6 4 different counties.
6 5 6. The members, except the director of the department of
6 6 economic development tourism, the treasurer of state, and the
6 7 auditor of state, shall be appointed to three=year staggered
6 8 terms and the terms shall commence and end as provided by
6 9 section 69.19. If a vacancy occurs, a successor shall be
6 10 appointed to serve the unexpired term. A successor shall be
6 11 appointed in the same manner and subject to the same
6 12 qualifications as the original appointment to serve the
6 13 unexpired term.
6 14 Sec. 15. Section 99F.6, subsection 5, Code 2005, is
6 15 amended to read as follows:
6 16 5. Before a license is granted, an operator of an
6 17 excursion gambling boat shall work with the department of
6 18 economic development tourism to promote tourism throughout
6 19 Iowa. Tourism information from local civic and private
6 20 persons may be submitted for dissemination.
6 21 Sec. 16. Section 306D.2, subsection 1, unnumbered
6 22 paragraph 1, Code 2005, is amended to read as follows:
6 23 The department of transportation shall prepare a statewide,
6 24 long=range plan for the protection, enhancement, and
6 25 identification of highways and secondary roads which pass
6 26 through unusually scenic areas of the state as identified in
6 27 section 306D.1. The department of natural resources,
6 28 department of economic development tourism, and department of
6 29 cultural affairs, private organizations, county conservation
6 30 boards, city park and recreation departments, and the federal
6 31 agencies having jurisdiction over land in the state shall be
6 32 encouraged to assist in preparing the plan. The plan shall be
6 33 coordinated with the state's open space plan if a state open
6 34 space plan has been approved by the general assembly. The
6 35 plan shall include, but is not limited to, the following
7 1 elements:
7 2 Sec. 17. Section 321.252, unnumbered paragraph 4, Code
7 3 2005, is amended to read as follows:
7 4 The department shall establish, by rule, in cooperation
7 5 with a tourist signing committee, the standards for tourist=
7 6 oriented directional signs and shall annually review the list
7 7 of attractions for which signing is in place. The rules shall
7 8 conform to national standards for tourist=oriented directional
7 9 signs adopted under 23 U.S.C. } 131(q) and to the manual of
7 10 uniform traffic control devices. The tourist signing
7 11 committee shall be made up of the directors or their designees
7 12 of the departments of economic development tourism,
7 13 agriculture and land stewardship, natural resources, cultural
7 14 affairs, and transportation, the chairperson or the
7 15 chairperson's designee of the Iowa travel council, and a
7 16 member of the outdoor advertising association of Iowa. The
7 17 director or the director's designee of the department of
7 18 economic development tourism shall be the chairperson of the
7 19 committee. The department of transportation shall be
7 20 responsible for calling and setting the date of the meetings
7 21 of the committee which meetings shall be based upon the amount
7 22 of activity relating to signs. However, the committee shall
7 23 meet at least once a month. However, a tourist attraction is
7 24 not subject to a minimum number of visitors annually to
7 25 qualify for tourist=oriented directional signing. The rules
7 26 shall not be applicable to directional signs relating to
7 27 historic sites on land owned or managed by state agencies, as
7 28 provided in section 321.253A. The rules shall include but are
7 29 not limited to the following:
7 30 Sec. 18. Section 461A.79, subsection 3, Code 2005, is
7 31 amended to read as follows:
7 32 3. Five percent of the funds appropriated for purposes of
7 33 this section for public outdoor recreation and resources shall
7 34 be expended on advertising which shall promote the use of
7 35 recreational facilities and tourist attractions in the state.
8 1 The commission shall enter into an agreement with the Iowa
8 2 department of economic development tourism for the expenditure
8 3 of these funds for this purpose.
8 4 Sec. 19. Section 461A.80, subsection 1, Code 2005, is
8 5 amended to read as follows:
8 6 1. An advisory council for public outdoor recreation and
8 7 resources appropriations made for the purposes of section
8 8 461A.79 is created. The council shall consist of a public
8 9 member appointed by the governor from each congressional
8 10 district, the chairperson of the commission, the director, and
8 11 a designee of the Iowa department of economic development
8 12 tourism. No more than three public members shall belong to
8 13 the same political party. The council shall elect a
8 14 chairperson annually from among the council's members, and the
8 15 director shall serve as council secretary. Persons already
8 16 serving in an elected or appointed governmental capacity are
8 17 not eligible to serve as council members.
8 18 Sec. 20. Section 465A.2, subsection 1, paragraph b,
8 19 unnumbered paragraph 1, Code 2005, is amended to read as
8 20 follows:
8 21 Prepare a statewide, long=range plan for the acquisition
8 22 and protection of significant open space lands throughout the
8 23 state as identified in section 465A.1. The department of
8 24 transportation, department of economic development tourism,
8 25 and department of cultural affairs, private organizations,
8 26 county conservation boards, city park and recreation
8 27 departments, and the federal agencies with lands in the state
8 28 shall be directly involved in preparing the plan. The plan
8 29 shall include, but is not limited to, the following elements:
8 30 Sec. 21. Section 465B.2, subsection 3, unnumbered
8 31 paragraph 1, Code 2005, is amended to read as follows:
8 32 The state department of transportation may enter into
8 33 contracts for the preparation of the trails plan. The
8 34 department shall involve the department of natural resources,
8 35 the Iowa department of economic development tourism, and the
9 1 department of cultural affairs in the preparation of the plan.
9 2 The recommendations and comments of organizations representing
9 3 different types of trail users and others with interests in
9 4 this program shall also be incorporated in the preparation of
9 5 the trails plan and shall be submitted with the plan to the
9 6 general assembly. The plan shall be submitted to the general
9 7 assembly no later than January 15, 1988. Existing trail
9 8 projects involving acquisition or development may receive
9 9 funding prior to the completion of the trails plan.
9 10 Sec. 22. Section 465B.3, Code 2005, is amended to read as
9 11 follows:
9 12 465B.3 INVOLVEMENT OF OTHER AGENCIES.
9 13 The department of natural resources, the Iowa department of
9 14 economic development tourism, and the department of cultural
9 15 affairs shall assist the state department of transportation in
9 16 developing the statewide plan for recreation trails, in
9 17 acquiring property, and in the development, promotion, and
9 18 management of recreation trails.
9 19 Sec. 23. CODE EDITOR DIRECTIVE.
9 20 1. The Code editor shall transfer chapter 15, subchapter
9 21 II, part 2, relating to the Iowa Lewis and Clark bicentennial
9 22 commission, as amended in this Act, to chapter 15H.
9 23 2. The Code editor shall transfer chapter 15, subchapter
9 24 II, part 7, relating to welcome centers and cooperative
9 25 tourism, to chapter 15H.
9 26 EXPLANATION
9 27 This bill creates a department of tourism.
9 28 DIVISION I == Currently, the responsibilities of the
9 29 department of economic development include tourism activities.
9 30 The bill transfers such responsibilities to a new department
9 31 of tourism.
9 32 The bill provides that a department of tourism is created
9 33 in new Code chapter 15H, under the control of a director who
9 34 shall be appointed by the governor, subject to confirmation by
9 35 the senate, and shall serve at the pleasure of the governor.
10 1 The bill provides that the director shall coordinate the
10 2 internal operations of the department and employ personnel as
10 3 necessary to carry out the duties and responsibilities of the
10 4 department, consistent with the merit system for
10 5 nonprofessional employees. The bill provides that
10 6 professional staff of the department are exempt from the merit
10 7 system. The bill provides that the director shall prepare an
10 8 annual budget for the department and develop, recommend, and
10 9 review legislative proposals. The bill provides that the
10 10 director shall adopt rules deemed necessary for the
10 11 implementation and administration of the department and
10 12 appoint the administrators of the divisions of the department.
10 13 The bill provides that the director shall enter into contracts
10 14 for the receipt and provision of services as deemed necessary
10 15 and shall administer and enforce Code chapter 15H.
10 16 The bill provides that the director may establish
10 17 administrative divisions within the department in order to
10 18 most efficiently and effectively carry out the department's
10 19 responsibilities.
10 20 The bill transfers all of the responsibilities that the
10 21 department of economic development has for tourism to the
10 22 department of tourism.
10 23 DIVISION II == The bill makes conforming amendments
10 24 necessary in transferring tourism responsibilities from the
10 25 department of economic development to the department of
10 26 tourism.
10 27 The elimination of tourism=related responsibilities from
10 28 the department of economic development includes amendments to
10 29 departmental duties and the Iowa Lewis and Clark bicentennial
10 30 commission. The bill transfers duties of the department of
10 31 economic development to the department of tourism in relation
10 32 to the vision Iowa program and the community attraction and
10 33 tourism program. Other conforming amendments relate to
10 34 administrative costs for the vision Iowa program; tourism
10 35 promotion in relation to excursion gambling boats; a statewide
11 1 long=range plan for the protection, enhancement, and
11 2 identification of highways and secondary roads which pass
11 3 through unusually scenic areas of the state; a tourist signing
11 4 committee; an agreement for the expenditure of moneys for
11 5 promotion of recreational facilities and tourist attractions;
11 6 an advisory council for public outdoor recreation and
11 7 resources; open space lands planning; and recreational trails
11 8 planning.
11 9 The bill requires the Code editor to transfer certain
11 10 tourism=related provisions in Code chapter 15, as amended in
11 11 the bill, to new Code chapter 15H.
11 12 LSB 1640HH 81
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