A simple clerical error buried in a legal document can have far-reaching implications, creating confusion and administrative hurdles decades after it was made. This is precisely the situation Clinton County is now addressing as its commissioners move to update the ordinance governing the county’s Hotel Tax funds. For nearly thirty years, the Clinton County Economic Partnership (CCEP) has functioned as the designated recipient of this revenue, driving tourism efforts throughout the region. However, a recent audit flagged a critical discrepancy: the official ordinance failed to explicitly name the CCEP, instead using the generic term “Tourism Promotion Agency.” The proposed legislative update is not about forging a new path but about correcting the record, ensuring the written law finally catches up with long-standing, undisputed practice and solidifying the CCEP’s role in a clear and legally sound manner. This move aims to eliminate any ambiguity and formally legitimize a partnership that has been in effect since the tax’s inception.
Unraveling a Decades Old Discrepancy
The catalyst for this legislative correction was a formal audit that scrutinized the 2016 and 2022 versions of the county’s hotel tax ordinance. Auditors noted that while the county consistently distributed funds to the Clinton County Economic Partnership, the ordinance itself only authorized payment to a vaguely defined “Tourism Promotion Agency” (TPA). This inconsistency between practice and text prompted the need for an official clarification. In a recent work session, County Solicitor Justin Houser presented a comprehensive history of the arrangement, explaining that the CCEP was officially designated as the county’s TPA back in 1995. This designation was made to comply with the state’s Tourist Promotion Law and occurred years before the county even established its Hotel Tax in the early 2000s. According to Houser’s research, the state’s enabling legislation, Act 18, included a “grandfather clause” that allowed previously recognized TPAs to continue in their capacity. Therefore, the failure to explicitly name the CCEP in subsequent ordinances was, in his professional judgment, an oversight rather than an intentional policy decision.
To solidify the legal basis for the correction, the solicitor was carefully questioned by the commissioners to ensure every aspect of the historical designation was understood. Commissioner Angela Harding sought direct confirmation that the proposed ordinance was intended to fix what was essentially a “typo” in the 2022 version. Houser affirmed this interpretation, stating his research showed an uninterrupted history of the CCEP’s role. He further strengthened this position by outlining the complex legal procedure that would have been required to formally remove the TPA designation from the CCEP. This “disestablishment” process would have necessitated not only an ordinance from the county commissioners but also concurrent ordinances from municipalities representing at least 65 percent of the county’s total population. Houser confirmed that no such action was ever taken, providing compelling evidence that the CCEP legally and continuously retained its status as the designated TPA since 1995. This legal framework forms the unshakeable foundation for the argument that the ordinance is a clarification, not a change.
Modernizing the Framework for Tourism Funding
Beyond formally naming the CCEP, the proposed ordinance update introduces significant administrative improvements to enhance the law’s functionality and clarity. One key change involves providing greater flexibility for the remittance of tax revenue. The previous ordinance imposed a rigid deadline, requiring all hotels and rental establishments to submit their tax payments by the 15th of each month. Recognizing that this fixed date does not align with the diverse fiscal calendars of all businesses, the new language will grant the county the authority to designate more adaptable monthly deadlines. This adjustment will allow the county to work with individual establishments to determine a collection schedule that better suits their accounting cycles, ultimately fostering smoother compliance while ensuring all taxes are reported and paid in a timely manner. This practical amendment is paired with another crucial update: the ordinance will be revised to more closely mirror the specific guidelines outlined in the Commonwealth’s Act 18, which dictates how Hotel Tax funding can be utilized, thereby ensuring full transparency and compliance with state law.
The integration of Act 18’s specific regulations into the county ordinance serves to provide unambiguous rules for the CCEP in its capacity as the official TPA. This ensures that every dollar of Hotel Tax revenue is allocated in full compliance with state mandates for promoting tourism and travel. The permissible uses are strictly defined and center on activities that directly and substantially market the county as a destination for both leisure and business travelers. The TPA is authorized to employ a wide array of marketing tools, including advertising campaigns, publicity efforts, the creation and distribution of promotional publications, direct marketing initiatives, and participation in industry trade shows. Furthermore, the funds can be used for programs, expenditures, or grants that directly support tourism, with the critical stipulation that these initiatives must augment, not compete with, private sector tourism efforts. This ensures that public funds are used to expand the market as a whole rather than supplanting existing businesses, fostering a collaborative environment for growth across the county’s tourism industry.
A Path Toward Legislative Clarity
The process of rectifying this long-standing clerical issue was thorough and transparent. The county solicitor presented a detailed historical and legal analysis that traced the Clinton County Economic Partnership’s official designation back to 1995, establishing its uninterrupted legal standing as the county’s recognized Tourist Promotion Agency. This research confirmed that the vague language in previous ordinances was an oversight, not a reflection of policy. Commissioners carefully considered this evidence, engaging in direct questioning to ensure complete clarity before moving forward. With a solid legal foundation established, the proposed ordinance was drafted not only to correct the “typo” but also to introduce modern administrative efficiencies, such as flexible tax remittance dates and a clearer alignment with state law on fund usage. All of these diligent preparations culminated in the scheduling of a final vote. The Clinton County Commissioners planned to officially consider and act upon these updates at their public voting session on Thursday, December 18, at 10 a.m., with the proceedings held in the Piper Government Building and made accessible via live stream to ensure full public transparency.
