CHAPTER Bea 300 RULES FOR JOINT PROMOTIONAL PROGRAM
Statutory
Authority: RSA 12-O:17
REVISION
NOTE:
The subject matter in Chapter Bea 300
titled “Rules for Joint Promotional Program” was originally adopted by Document
#2221, effective 12-23-82, in rules under the subtitle Res-V of the Department
of Resources and Economic Development and were readopted by Document #2979,
effective 2-21-85. Chapter Res-V 300 titled
“Rules for Joint Promotional Program—Vacation Travel” was adopted by Document
#3098, effective 8-20-85, and readopted with amendment by Document #4469,
effective 8-8-88, as Chapter Res-V 300 titled “Joint Promotional Program.” All of Chapter Res-V 300 expired on 8-8-94.
Document #6022, effective 4-24-95,
subsequently adopted Chapter Res 3300 titled “Rules for Joint Promotional Program”,
which made changes relative to rules for the Joint Promotional Program in the
former Chapter Res-V 300 and renumbered them as Chapter Res 3300. Document #7684, effective 7-1-02, readopted
with amendments Chapter Res 3300, which was subsequently readopted with
amendments by Document #9102, effective 7-1-08.
All of Chapter Res 3300 expired 7-1-16.
The Department of
Resources and Economic Development (DRED) was abolished pursuant to 2017,
156:15, effective 7-1-17. RSA 12-O was
adopted by 2017, 156:40, effective 7-1-17, which established the Department of Business and Economic Affairs.
Pursuant to 2017, 156:49, effective 7-1-17, existing rules of the former
DRED were transferred to the Department of Natural and Cultural Resources under
rule title “Ncr” or the Department of Business and
Economic Affairs under rule title “Bea”, as applicable, and continue in effect
until they expire or are amended or repealed.
Because Chapter Res 3300 had already
expired on 7-1-16, they did not transfer to the new Department of Business and
Economic Affairs but had to be adopted again by the Department pursuant to RSA
12-O:17. Document #13270,
effective 9-30-21, adopted Chapter Bea 300, which extensively changed the rules
in the former Chapter Res 3300. Document
#13270 replaces all prior filings for rules in the former Chapter Res 3300 on
the Joint Promotional Program.
PART Bea 301 PURPOSE AND SCOPE
Bea 301.01 Purpose of the Joint Promotional Program.
(a)
The purpose of the New Hampshire joint promotional program (JPP) is to
invest in tourism promotional projects developed by eligible independent groups
or organizations which will compliment the state of
New Hampshire’s marketing initiative.
(b)
The primary goals of the JPP are to develop New Hampshire as a
year-round visitor destination, to increase overnight stays, to enhance the
quality and effectiveness of marketing to visitors, and to encourage
cooperative marketing efforts for the promotion of New Hampshire.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 301.02 Scope.
Bea 300 shall apply to all organizations having a tourism promotional
project for which investment by the JPP is requested. Organizations meeting the criteria set forth
by Bea 300 shall be eligible for a match of up to 50% on a reimbursement basis.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
PART Bea 302 PROGRAM INFORMATION
Bea 302.01 Eligible Organizations. Any New Hampshire organization that is
registered and in good standing with the New Hampshire secretary of state,
engaged in or has been formed for the purpose of promoting travel and tourism
to New Hampshire, and has been in existence for at least 3 years prior to the
date of application shall be eligible for investment under the JPP. Eligible organizations shall include chambers
of commerce, regional associations, statewide tourism groups, and other tourism
promotional organizations.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 302.02 Organizations Not Qualifying. Any New Hampshire organization that does not
qualify as eligible pursuant to Bea 302.01 above may make application for a
grant under this part, provided that the organization:
(a)
Presents evidence of a need for tourism promotion due to a case of
regional depression or financial hardship as reported by the New Hampshire
department of employment security, bureau of economic and labor market
information;
(b)
Presents a cooperative promotion plan;
(c)
Has 10% matching funds from private sources;
(d)
Agrees that this unmatched grant shall not be awarded for more than 2
successive years; and
(e)
Agrees that an affected area shall not be eligible for any unmatched
grant for a period of 5 years after the second year following the award of the
first of any unmatched grant.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 302.03 Matching State Funds. Except for nonqualifying
organizations, grant awards of state funds shall require a minimum of 50%
matching funds from private sources.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 302.04 Funds Eligible for State Match. The following types of funds may be used to
match state funds:
(a)
Monies raised through memberships from any individual, group, or
organization; or
(b)
Monies received through fundraising projects.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 302.05 Non-Acceptable Use of Funds. State funds shall not be used for:
(a)
Administrative expenses, including, but not limited to, salaries,
non-project related telephone or postage, and office equipment or supplies;
(b)
Charity fundraising;
(c)
Retail merchandising or resale inventory;
(d)
Mileage, lodging, and travel costs;
(e)
Routine website maintenance, ongoing website hosting, domain name
registration, and unsolicited marketing;
(f)
General purpose computer software, hardware, or staff training not
directly tied to the approved project;
(g)
Research services or surveys;
(h)
Department of business and economic affairs (BEA) internal program fees;
and
(i) Event space rentals and catering services.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 302.06 Limits of Grant Funds.
(a)
The minimum grant amount shall be $2,000.
(b)
No single organization shall be approved for grants totaling more than
25% of the funds appropriated for any one fiscal year.
(c)
Organizations may apply for more than one grant each fiscal year, except
no single organization in any one grant round shall be approved for more than
75% of their total eligible amount, and the restriction in (b) shall apply.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 302.07 Pass Through Funds Prohibited. No applicant shall disburse state matching
funds to a private sector business for the administration of its private
functions.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 302.08 Starting and Completion Dates.
(a)
Start dates shall be specified on the application and shall be
contingent upon notification of grant approval as provided in Bea 304.02.
(b)
Project shall start within the fiscal year in which the grant is
awarded.
(c)
Completion dates shall be specified on the application.
(d)
Projects shall be completed no later than 90 days following
the close of the fiscal year in which the grant is awarded.
(e)
All reimbursements shall be submitted to the BEA’s division of travel
and tourism development (DTTD) within 90 days following the close of the fiscal
year in which the grant is awarded.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 302.09 Incomplete Applications. Applications in the Joint Promotional Program
online grant platform shall be allowed to be edited until the published
deadline posted on the DTTD website found at https://www.visitnh.gov/industry-members/work-together/grants
and shall not be considered final or complete until the close of the
application period. All finalized applications submitted shall be reviewed by
the JPP administrator, who shall notify the applicants in writing of any
deficiencies within 10 business days following the close of the application
period.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 302.10 Failure to Comply. Failure to provide any of the information
required for the application shall result in denial of an application unless
corrections are made within 5 business days of notification of any deficiencies
by the JPP administrator.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 302.11 Grant Amendments. An amendment to a previously approved
application shall be made in writing explaining the extenuating circumstances
for the change. Amendments shall be considered and approved by the commissioner
if the amendment meets the criteria in Bea 304.02(a) and the commissioner
determines that extending circumstances exists, which
include:
(a)
Vendor non-performance;
(b)
Business closures;
(c)
Material financial changes to the project not
caused by the applicant;
(d)
Lack of available media inventory;
(e)
A shift in target markets due to external factors; or
(f)
Any other circumstance that affects the project that is outside of the
applicant’s control.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 302.12 Report Required. Failure to submit the evaluation report as
required by Bea 306.01 for any previously funded project(s) shall result in
denial of an application unless good cause for such failure exists. Good cause shall include, but not be limited to, circumstances beyond
the control of the organization. Claims
of good cause shall be made in writing to the commissioner.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
PART Bea 303 PROJECT INFORMATION
Bea 303.01 Multiple Projects. An application seeking grant funding may
contain more than one project, provided that each project shall meet the
specific criteria as outlined in this part.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 303.02 General Requirements. All projects to be considered for grant
funding shall:
(a)
Clearly promote New Hampshire as a travel destination;
(b)
Ensure balanced representation among participating entities;
(c)
Utilize the BEA generated brand logo;
(d)
Reference New Hampshire spelled out as “New Hampshire”;
(e)
Include an all-inclusive marketing plan;
(f)
Include a copy of all drafted material;
(g)
Provide a description of the contracted vendor for professional
services; and
(h)
Include a copy of the contract for all professional services containing
a list of all deliverables.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 303.03 Printed Materials. In addition to the project requirements in
Bea 303.02 above, applications for the printing of materials shall:
(a)
Include a detailed distribution plan for the total number of materials
printed as part of the project;
(b)
Include 3 competitive bids for printing services; and
(c)
Include a conceptual layout or sample design.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 303.04 Traditional and Emerging Media.
(a)
Traditional and emerging media shall include:
(1) Broadcast, cable streaming, or connected
television advertising;
(2) Radio advertising, including traditional and
streaming audio;
(3) Podcast sponsorships;
(4) Print advertising in regional, national, or
niche publications; and
(5)
Out-of-home advertising, including billboards or transit media.
(b)
In addition to the project requirements Bea 303.02 above, applications
for traditional and emerging media projects shall include:
(1)
A detailed media plan; and
(2) Radio advertising, consisting of a draft
script and language within the script calling out visitnh.gov as a sponsor or
partner.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 303.05 Digital Advertising and Media.
(a)
Digital and advertising media shall include:
(1) Search engine marketing;
(2) Social advertising and promoted posts;
(3) Digital display advertising;
(4) Programmatic advertising;
(5) Retargeting advertising; and
(6) Influencers.
(b)
In addition to the project requirements in Bea 303.02 above,
applications for digital advertising and media projects shall include:
(1) The BEA logo and all social media content or
if the BEA logo placement is not possible than tag @visitnh;
and
(2) A copy of the contract with any influencer
which shall include language that @visitnh will be
tagged and consent for the BEA to reshare content.
Source. #14624, eff 7-7-26, EXPIRES: 7-7-36
Bea 303.06 Content Marketing. The content marketing shall include email
marketing, digital guides, itineraries, or electronic publications.
Source. #14624, eff 7-7-26, EXPIRES: 7-7-36
Bea 303.07 Experiential and Partnership Marketing. Experiential and partnership marketing shall
include promotion of events, festivals, travel trade shows, consumer shows, and
sales missions. In addition to the project requirements in Bea 303.02 above,
applications for experiential and partnership marketing shall include:
(a)
Detailed event description; and
(b)
Inclusion of BEA marketing materials.
Source. #14624, eff 7-7-26, EXPIRES: 7-7-36
Bea 303.08 Public Relations Campaigns. In addition to the project requirements in
Bea 303.02 above, applications for the public relations campaigns shall:
(a)
Include the statement “for further information about New Hampshire,
visit visitnh.gov”, if print or electronic press release; and
(b)
Include a communication campaign plan outlining messaging, distribution
channels, and anticipated outcomes.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36 (formerly Bea 303.05)
Bea 303.09 Website Design, Development, or Digital
Experience Enhancements. In addition
to the project requirements in Bea 303.02 above, applications that include
design, development, or digital experience enhancements of a website shall:
(a)
Be clearly focused on tourism promotion and designed to attract visitors
to New Hampshire;
(b)
Prominently display the words “New Hampshire”, the BEA generated logo,
and link to visitnh.gov in its advertising campaigns on the website’s homepage;
(c)
Be produced by a professional vendor;
(d)
Include a copy of the contract for professional services;
(e)
Include a wireframe, design concepts, and navigation structure for the
website; and
(f)
Be reviewed by the director of the DTTD, or the director’s designee, to
ensure compliance with this section prior to the website going online.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36 (formerly Bea 303.06)
PART Bea 304 PROCEDURE FOR JPP GRANT APPLICATION
Bea 304.01 Application for JPP Grant Funds. An organization applying for grant funding
for a project(s) pursuant to Bea 303 shall:
(a)
Complete and submit online Form JPP-1, “Grant Application” 07/2026
edition;
(b)
Include a copy of the following with the form:
(1) The last 3 years’ financial statements or
annual reports;
(2) A new or updated certificate of liability;
(3) A certificate showing good standing with the
New Hampshire secretary of state;
(4) A detailed budget of all expenses, matchable
and unmatchable parts of the project, and the funds that have been raised or
will be raised for the project(s);
(5) A board resolution, executed by an authorized
officer of the organization, affirming that the organization supports the
application and the organization will not reduce its existing financial
commitment to advertising as a result of submitting or
receiving assistance under the application;
(6) A marketing plan, submitted with first
application of each fiscal year; and
(7) A signed statement certifying that all
evaluation reports due on previously funded projects have been completed and
submitted; and
(c)
Submit the completed application and additional information online at
www.visitnh.gov/industry-members/work-together/grants/jpp-program by the
deadline posted on the DTTD website found at https://www.visitnh.gov/industry-members/work-together/grants.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 304.02 Commissioner Review and Notification.
(a)
The commissioner shall approve a grant application when the following is
met:
(1) The project(s) is consistent with the purpose
of the program as provided by Bea 301.01(b);
(2) Sufficient funding is available; and
(3) The grant award provides geographic
dispersion of the funding throughout the state.
(b) If the commissioner denies an
application pursuant to (a) above, the commissioner shall notify the applicant
in writing of the specific reason(s) for denial and
the following shall apply:
(1) The applicant shall have 5 business days from
receipt of the decision to submit a written appeal. The appeal shall be in the
form of a formal statement, signed by an authorized representative of the
applicant, setting forth the specific grounds for the appeal and the reasons
the applicant believes the denial was improper or inconsistent with applicable
law or program rules. The appeal shall be submitted electronically to the JPP
administrator for review by the commissioner; and
(2) The commissioner or commissioner’s designee
shall notify applicant of final decision 5 business days after receipt of
formal appeal.
(c)
If the commissioner approves a grant application pursuant to (a) above,
the commissioner shall forward a grant agreement for signature by the
applicant, and the applicant shall sign and return the application to the
commissioner for execution.
(d)
Following the return of a signed grant agreement, the commissioner
shall:
(1) Forward the grant agreement to the governor
and executive council for approval; and
(2) Upon approval by the governor and executive
council, forward to the applicant one completely executed copy of the grant
agreement and a letter of acceptance stating any conditions which have been put
on the grant by the governor and executive council.
(e)
In the event an application is denied by the governor and executive
council, the commissioner shall notify the applicant in writing of the specific
reason(s) for denial.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
PART Bea 305 REIMBURSEMENT OF PROJECT EXPENSES
Bea 305.01 Reimbursement Requests. An organization requesting reimbursement for
approved project(s) expenses shall:
(a)
Complete and submit online Form JPP-2, “Reimbursement Form” 07/2026
edition;
(b)
Include the following with the form:
(1)
A
copy of all invoices being submitted for reimbursement along with cancelled
checks or other proof of payment;
(2)
The
following back-up materials to correspond with projects:
a. For web development projects, provide proof
that the BEA generated logo with a url to visitnh.gov
is on the site;
b. For radio advertising, provide a copy of the
final advertisement and an affidavit of performance;
c. For TV advertising, provide a copy of the
final advertisement and an affidavit of performance;
d. For print advertising, provide a tear sheet;
e. For social media advertising, provide copies
of final advertisements, performance or post campaign report; and
f. For out-of-home advertising, provide images
of actual placement; and
(3) A cover letter on letterhead stating:
a. Amount(s) to be reimbursed; and
b. If the request is for final or partial
payment; and
(c)
Submit electronically by email the completed cover letter, reimbursement
form, and all attachments to: jppadministrator@livefree.nh.gov.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 305.02 Time Limit for Reimbursement. All requests for reimbursement of project
expenses shall be submitted within 90 days following the close of the fiscal
year in which the grant is awarded.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 305.03 Grant Funds Used or Not Used. All organizations shall report to the JPP
administrator a final accounting of funds used and any
portions of the dollars allocated for their grant that will not be used within
15 days from the completion date of their project.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Bea 305.04 Failure to Comply. Failure to comply with this part shall result
in the non-reimbursement of any monies owed.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
PART Bea 306 REPORTING
Bea 306.01 Final Project Reporting. Project reporting shall be submitted 90 days
following the completion of the project, organizations shall:
(a)
Complete and submit Form JPP-3, “Evaluation Report” 07/2026 edition;
(b)
Include the following with the form, if applicable:
(1) A copy of the vendor’s distribution report;
and
(2)
A copy of any quantitative research; and
(c)
Submit electronically the completed evaluation report and all
attachments to: jppadministrator@livefree.nh.gov.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36 (formerly Bea 306.02)
PART Bea 307 PROGRAM INFORMATION
Bea 307.01 Information. The public may obtain information regarding
the JPP by contacting the DTTD.
Source. #13270, eff 9-30-21; ss by #14624, eff
7-7-26, EXPIRES: 7-7-36
Appendix
|
Provision of the
Proposed Rule |
Specific
State or Federal Statutes or Regulations which the Rule is Intended to
Implement |
|
Bea
301.01 and Bea 301.02 |
RSA 12-O:17, I and VI(a) |
|
Bea
302.01 |
RSA 12-O:17, II and RSA 5:18-a |
|
Bea
302.02 |
RSA 12-O:17, VII |
|
Bea
302.03 |
RSA 12-O:17, III |
|
Bea
302.04 |
RSA 12-O:17, III |
|
Bea
302.05 |
RSA 12-O:17, III |
|
Bea
302.06 |
RSA 12-O:17, VI(a) and (b) |
|
Bea
302.07 through Bea 302.12 |
RSA 12-O:17, VI(b), (c), (d), and
(e) |
|
Bea
303.01 through Bea 303.03 |
RSA 12-O:17, III and VII(c) and (d) |
|
Bea
303.04 through Bea 303.09 |
RSA 12-O:17, III and VI(c) and (d) |
|
Bea
304.01 |
RSA 12-O:17, VI(a), (b), and (d) |
|
Bea
304.02 |
RSA 12-O:17, IV and VII(d) |
|
Bea
305.01 through Bea 305.04 |
RSA 12-O:17, VI(a), (d), and (e) |
|
Bea
306.01 |
RSA 12-O:17, VI(a), (d), and (e) |
|
Bea
307.01 |
RSA 12-O:17, VI(a); RSA 91-A:4 |