Tennessee Code Title 4. State Government § 4-3-2207

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) As used in this section, unless the context otherwise requires:

(1) “Administrative expenses” includes salaries, in part or in total, of any employee; office rent; the rental or purchase of office equipment, including computers, printers, or scanners; the purchase of specialized marketing equipment, including software systems for project management or web analytics; and other essentials for daily business operations;

(2) “Brand” means the name, term, design, symbol, or other feature that identifies a product or service as differentiated from its competitors;

(3) “Development district” means each of the nine (9) regional districts established by the Development District Act of 1965, compiled in title 13, chapter 14, part 1; and

(4) “Regional tourism organization” means a dedicated entity that promotes, develops, and manages tourism within a specific geographic region.

(b)(1) The department of tourist development shall annually confirm the regional tourism organizations for each of the nine (9) development districts.

(2) Nonprofit, membership-based organizations or tax-exempt public agencies that market the entirety of a development district may apply to the department to be a regional tourism organization.

(3) The department shall confirm that the regional tourism organization represents the entirety of the development district by receipt of:

(A) A letter from each of the county mayors within the development district, confirming the regional tourism organization represents the county in regional tourism promotion;

(B) A letter from each of the county tourism development or tourism promotion organizations within the development district, confirming the organization's qualifications and means to represent all counties within the development district; or

(4) If there arises a dispute regarding which entity is the confirmed regional tourism organization for a development district, the commissioner of tourist development shall make a final determination and notify the organizations of the determination.

(c) Each confirmed regional tourism organization shall operate subject to the supervision and control of the department of tourist development, including, but not limited to:

(1) Providing the department with progress reports on the success of initiatives through key performance indicators, at the request of the department; and

(2) Attending annually two (2) tourism marketing or organizational development conferences and providing written feedback to the department following attendance.

(d)(1)(A) State funds must be distributed annually to a confirmed regional tourism organization on the basis of two dollars ($2.00) in matching state funds for each one dollar ($1.00) budgeted to the regional tourism organization, subject to a minimum award of thirty-five thousand dollars ($35,000).

(B) At the end of a state fiscal year, any funds not distributed under this section may be retained by the department of tourist development and be used to increase the maximum award for the following fiscal year.

(2)(A) Prior to the distribution of funds under subdivision (d)(1)(A), the department must approve a regional tourism organization's planned marketing initiatives. The regional tourism organization shall provide to the department documentation regarding its planned marketing initiatives as approved by the regional tourism organization's governing body.

(B) The marketing initiatives must ensure compatibility with the department's brand and must include at least one (1) of the following categories: music, history, family adventure, scenic beauty, or outdoor experiences.

(C) The total funding for marketing initiatives must exceed the regional tourism organization's required match under subdivision (d)(1)(A).

(e)(1) Funds distributed pursuant to subdivision (d)(1)(A) must be spent on tourism promotion, with a maximum of forty percent (40%) of funds spent on administrative expenses.

(2) Notwithstanding subdivision (e)(1), during the annual application process, a regional tourism organization may request to spend fifty percent (50%) of its funds on administrative expenses, if the regional tourism organization:

(A) Employs at least one (1) full-time position dedicated to tourism activity; and

(B) Verifies that the position is budgeted for the fiscal year without the use of funds distributed pursuant to subdivision (d)(1)(A).

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Cite this article: FindLaw.com - Tennessee Code Title 4. State Government § 4-3-2207 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-4-state-government/tn-code-sect-4-3-2207/

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