The Vermont Statutes Online

Title 10: Conservation and Development

Chapter 027: Travel and Recreation Policy

• Subchapter 001: TRAVEL AND RECREATION COUNCIL

• § 651. Findings; policy and purpose

  The General Assembly finds that the State of Vermont is endowed with extraordinary natural beauty by its mountains, waterways, and open spaces; that the State of Vermont is rich in its historic heritage, its cultural offerings, the renown of its superior workmanship, the unique designs of its crafts people, and the variety of its recreational lodgings, attractions, and services, all of which enrich the lives of Vermonters and the many travelers who visit the State each year; that the travel and recreation industry is an important sector of the Vermont economy, serving the needs of Vermonters as well as the many visitors of our State, providing significant employment opportunities and revenues, and contributing to the economic well-being of the State; and that recognition of this important industry and enhanced promotion of Vermont as a travel destination in cooperation with the private sector is in the public interest. Therefore, it is the public policy of the State of Vermont, while protecting the natural quality of the State, to support and encourage reasonable growth in the number of travelers to the State and to assist in enhancing the competitive position of travel-related businesses in the State; and further, it is of public benefit that a travel and recreation council be established to contribute to the development of the State travel and recreation policy. (Added 1987, No. 83, § 2.)

• § 652. Travel and Recreation Council; membership

  (a) The Travel and Recreation Council is created. It shall comprise the following members:

  (1) the Secretary of Commerce and Community Development or designee;

  (2) the Secretary of Natural Resources or designee;

  (3) the Secretary of Transportation or designee;

  (4) the Secretary of Agriculture, Food and Markets or designee;

  (5) the Commissioner of Tourism and Marketing or designee; and

  (6) ten members from the private sector appointed by the Governor.

  (b)(1) The ten members appointed by the Governor shall serve a term of three years, beginning July 1, or the unexpired portion thereof. For the initial appointments, the Governor shall appoint three for one year, four for two years, and three for three years.

  (2) When appointing members, the Governor shall consider persons who have understanding of the travel and recreation industry and who will adequately represent the various interests in the State.

  (c) The Council shall elect its chair annually from among its members.

  (d) The Council shall meet at least quarterly at the call of the Chair or the agency secretary.

  (e) Members of the Council shall be entitled to receive per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010, which shall be paid by the Agency of Commerce and Community Development. (Added 1987, No. 83, § 2; amended 1995, No. 46 § 37; 1995, No. 190 (Adj. Sess.), § 1(a), (d); 2003, No. 42, § 2, eff. May 27, 2003; 2019, No. 61, § 6.)

• § 653. Travel and Recreation Council; functions

  (a) The Council shall advise the Secretary of Commerce and Community Development, and the Secretary shall consult with the Council, on matters relating to State travel and recreation policy, State travel and recreation promotion programs, and other programs of the Department of Tourism and Marketing.

  (b) In addition to any other functions the Council may perform, it shall:

  (1) review and consult with the Secretary on the development of an annual marketing plan for travel and recreation. Such a plan shall be initially developed by the Agency in consultation with the Council. This plan shall then be submitted to the Council for its further review and comments, which shall be considered by the Agency before the Agency adopts a final plan;

  (2) assist the Secretary in the Agency’s preparation of a long-term comprehensive State travel and recreation plan. Before the Agency adopts a final plan, the plan shall be reviewed at a public hearing and shall be submitted to the Council for its further review and comments;

  (3) assist the Secretary in selecting proposals for awarding funds under the matching grants promotional programs under subchapter 2 of this chapter and in reviewing proposals for cooperative and partnership travel promotion efforts. (Added 1987, No. 83, § 2; amended 1995, No. 190 (Adj. Sess.), § 1(a), (c).)

• Subchapter 002: TRAVEL PROMOTION MATCHING FUND PROGRAM

• § 661. Travel promotion matching fund program

  There is established a travel promotion matching fund program to serve the following purposes:

  (1) to allow the State of Vermont to provide part of the funds necessary for a travel promotion chamber or association to conduct promotional programs on a statewide or regional basis in order to increase the volume of nonresident visitation to the State or a particular region within the State;

  (2) to strengthen and further encourage regional and statewide promotion by the private sector;

  (3) to strengthen the State image by coordinating the promotional efforts of the private sector and the Vermont Department of Tourism and Marketing of the Agency of Commerce and Community Development. (Added 1979, No. 137 (Adj. Sess.), § 2, eff. April 22, 1980; amended 1995, No. 190 (Adj. Sess.), § 1(c).)

• § 662. Allocation of funds

  (a) Within the limits of available funding, for every dollar raised by the private sector for travel promotion under the provisions of this chapter, the State will provide one dollar in matching funds to be allocated as follows:

  (1) 75 percent of the State’s dollar will be awarded as grants to approved travel promotion chamber or association programs.

  (2) 25 percent of the State’s dollar will go into the Vermont Department of Tourism and Marketing’s promotion budget specifically for the purpose of executing an umbrella advertising campaign under which the private sector programs will operate.

  (b) The minimum grant to be matched by any single travel promotion chamber or association is $1,000.00.

  (c) The maximum grant to be matched by any single travel promotion chamber or association is $25,000.00. (Added 1979, No. 137 (Adj. Sess.), § 2, eff. April 22, 1980.)

• § 663. Administration

  (a) The Department of Economic Development, through the Vermont Department of Tourism and Marketing, shall administer the travel promotion matching funds program with such flexibility so as to bring about the most effective and economical travel promotion program possible. The Department shall adopt rules and procedures necessary and appropriate to the proper operation of the matching funds program. These rules shall also establish which travel promotion organizations are eligible to apply for matching funds.

  (b) The Department shall make available complete instructions as to the applicant’s duties and responsibilities and shall establish forms necessary to carry out the purposes of this chapter. (Added 1979, No. 137 (Adj. Sess.), § 2, eff. April 22, 1980; amended 1995, No. 190 (Adj. Sess.), § 1(c); 2015, No. 23, § 97.)

• § 664. Application procedures

  (a) Travel promotion organizations, applying for a matching fund grant, must present their proposed travel development promotion programs to the Vermont Department of Tourism and Marketing in detail, and must further describe sources of local funds available for those purposes.

  (b) Annually, the Agency, in consultation with the Travel and Recreation Council, shall establish a schedule for applying for and awarding matching funds. The Agency may establish more than one application cycle, provided that at least one competition for funds is conducted annually, and further provided that application cycles are such as to maintain a competitive matching grants program. The Travel and Recreation Council shall evaluate the relative merits of the applications based upon criteria established under this subchapter and make recommendations to the Agency as to a priority of applications which merit funding. The Secretary in consultation with the Commissioner of Tourism and Marketing shall review the recommendations of the Travel and Recreation Council and make final decisions regarding the funding of proposals under the matching grants programs.

  (c) All applications will be reviewed and evaluated on the basis of the following:

  (1) geographic area covered in application;

  (2) scope of short- and long-range planning;

  (3) program content; and

  (4) projected impact on geographic area covered in application.

  (d) Grants will be made to those organizations that best meet the purposes of this chapter and according to the availability of funds, but no grant will exceed the amount raised by the organization and applied to its proposed programs.

  (e) Organizations receiving grants will be carefully evaluated, and risk elimination of their grants when a lack of effort, cooperation, and adherence to proposed programs is displayed. No travel promotion agency may act as a “feeder facility” simply to disburse State matching funds to a private sector business for the promotion of its private functions.

  (f) Upon receiving and approving a given application, the Vermont Department of Tourism and Marketing will notify the organization of the grant amount in writing and execute a contract between that organization and the Department of Development. (Added 1979, No. 137 (Adj. Sess.), § 2, eff. April 22, 1980; amended 1987, No. 83, § 5; 1995, No. 190 (Adj. Sess.), § 1(c), (d).)

• § 665. Bookkeeping systems

  All tourist promotion organizations will keep records of any applications, transactions, payment receipts, and correspondence relating to the implementation of the matching funds program. (Added 1979, No. 137 (Adj. Sess.), § 2, eff. April 22, 1980.)

• § 666. Reimbursement procedures

  (a) Upon receipt in writing of satisfactory evidence of program progress and funds expended or committed, the Vermont Department of Tourism and Marketing shall reimburse the organization according to its matching fund contract. Within 60 days of completion of the program, each grant recipient shall provide the Vermont Department of Tourism and Marketing with the following:

  (1) a completed program evaluation report on a form supplied by the Department of Tourism and Marketing,

  (2) copies of all advertisements purchased,

  (3) samples of any promotional material used in the program, and

  (4) any other information requested by the Department of Tourism and Marketing.

  (b) The Commissioner of Tourism and Marketing, may, as he or she sees fit, request interim reports on the progress of programs. (Added 1979, No. 137 (Adj. Sess.), § 2, eff. April 22, 1980; amended 1995, No. 190 (Adj. Sess.), § 1(c), (d).)

• § 667. Legislative review

  The Commissioner of Tourism and Marketing shall annually submit a report on the travel promotion program to the Legislature. (Added 1979, No. 137 (Adj. Sess.), § 2, eff. April 22, 1980; amended 1995, No. 190 (Adj. Sess.), § 1(d).)

• Subchapter 003: REGIONAL TRAVEL AND TOURISM MARKETING PROGRAM

• § 669. Regional travel and tourism marketing grants

  The General Assembly finds that:

  (1) Effective marketing of travel and tourism destinations is best performed on a regional level.

  (2) The tourism business is the second largest business in the State and is predicted to grow in the future.

  (3) Private sector regional travel and tourism marketing associations, with the assistance of the public sector, will encourage the growth of Vermont as a travel destination.

  (4) A regional travel and tourism marketing association is best suited to identify the regions’ strengths as well as the sectors that need greater marketing assistance. Small business will be better served by a more direct contact with a local, regional travel and tourism marketing association. (Added 1995, No. 46, § 38.)

• § 669a. Definitions

  For the purposes of this subchapter:

  (1) “Agency” means the Agency of Commerce and Community Development.

  (2) “Commissioner” means the Commissioner of Marketing and Tourism.

  (3) “Regional travel and tourism marketing association” means a nonprofit corporation, cooperative, or other nonprofit organization formed under the laws of this State whose principal purpose is to promote, organize, or accomplish the enhancement of travel and tourism for a particular region of this State, including marketing and promotional activities, technical assistance to regional travel and tourism business to enhance their marketing and promotional efforts, arrangement of conventions, trade shows, and promotional activities in order to attract the traveling public to the region, and the provision of information to the traveling public with regard to regional attractions. (Added 1995, No. 46, § 38; amended 1995, No. 190 (Adj. Sess.), § 1(a), (d).)

• § 669b. Applications for regional travel and tourism marketing association grants

  A qualified regional travel and tourism marketing association may apply to the Secretary, on a form provided by the Secretary, for a grant under this chapter. The applicant may be required to submit with the application, or at any time during the grant period, any information that the Secretary determines is necessary or desirable to consider the application, assess the effectiveness of the grant, or to carry out the purposes of this chapter. (Added 1995, No. 46, § 38.)

• § 669c. Determination of eligibility for grant

  The Secretary shall determine within 60 days of filing the application whether the applicant is eligible for a grant under this chapter. An applicant may be eligible for a grant if the Secretary determines, in his or her sole discretion, that:

  (1) the applicant will only serve businesses located in the applicant’s region;

  (2) the applicant demonstrates an ability and willingness to provide marketing, technical assistance, promotional activity, and information services in furtherance of the purposes of this subchapter;

  (3) the applicant demonstrates an ability to gather information useful in evaluating the performance of the applicant in achieving the purposes of this subchapter;

  (4) the applicant has letters of support from a significant number of travel and tourism businesses located in the applicant’s region;

  (5) the applicant demonstrates a capability and willingness to assist each and every travel and tourism business located within the applicant’s region;

  (6) the applicant appears to be the best qualified applicant to carry out the purposes of this subchapter in the applicant’s region;

  (7) the grant is needed for the reasonable and necessary expenses of the association, including the employment of professional staff, as demonstrated in the proposed operating budget of the association;

  (8) the applicant has adequate federal and private funds resources, as demonstrated in the proposed operating budget of the association, which together with the grant will enable the applicant to fulfill the purposes of this subchapter;

  (9) the applicant presents a memorandum of understanding signed by the applicant and any regional development corporation operating in the same region demonstrating that the association and the corporation will cooperate with each other and coordinate each other’s common or related activities. (Added 1995, No. 46, § 38.)

• § 669d. Marketing association expenditures; reapplication

  (a) A regional travel and tourism marketing association shall use grant funds only for such purposes described in the application and approved by the Secretary under section 669c of this title. Disbursement of grant funds shall be made at such times as are specified by the Secretary. On request of the Secretary the Commissioner of Finance and Management shall issue his or her warrant and the State Treasurer shall pay the funds requested.

  (b) The grant shall be approved under such terms and conditions as the Secretary may prescribe, for a period no longer than one year. The applicant may reapply in accordance with section 669b of this title.

  (c) The Secretary, in his or her sole discretion, shall allocate funds appropriated for regional travel and tourism marketing associations. The Secretary shall determine the amount allocated to each regional travel and tourism marketing association after considering an association’s budgetary needs and the strength of its program as measured against the goals established in section 669b of this title. (Added 1995, No. 46, § 38.)

• § 669e. Cooperative efforts

  An association approved for a grant under this subchapter shall act in a manner that is consistent with the efforts of the Vermont Department of Tourism and Marketing. A recipient association shall not deliberately and adversely affect the travel and tourism marketing efforts of another recipient association. (Added 1995, No. 46, § 38; amended 1995, No. 190 (Adj. Sess.), § 1(c).)

• § 669f. Rules

  The Secretary may adopt such rules as are necessary to carry out the purposes of this chapter. (Added 1995, No. 46, § 38.)

• § 669g. Applicability of State laws

  (a) A regional travel and tourism marketing association approved by the Secretary under this chapter shall not be subject to the provisions of 1 V.S.A. subchapter 2 (open meetings) and subchapter 3 (public records).

  (b) The provisions of 2 V.S.A. chapter 11 (lobbyist disclosure) shall apply to a regional travel and tourism marketing association. (Added 1995, No. 46, § 38.)

• § 669h. Delegation of authority

  The Secretary may designate any officer or employee of the Agency to carry out his or her powers and duties under this chapter. (Added 1995, No. 46, § 38.)