Wisconsin Administrative Code Department of Tourism
📘 Wisconsin Administrative Code – Department of Tourism (WIS. ADMIN. CODE § TOUR)
🔍 Overview
The Wisconsin Department of Tourism is the state agency charged with promoting Wisconsin as a travel destination to increase tourism revenue, support local businesses, and enhance the state’s cultural and natural heritage.
The Wisconsin Administrative Code outlines rules and procedures the Department follows in carrying out its responsibilities. These are primarily codified under Chapter TOUR 1, and subsequent chapters if created.
⚙️ Key Functions of the Department (Under Administrative Code)
1. Marketing and Promotion
Develops and executes advertising campaigns to attract visitors to Wisconsin.
Partners with local tourism entities to promote regional attractions.
Manages branding, public relations, and digital outreach for tourism.
2. Tourism Grant Programs
Administers Joint Effort Marketing (JEM) grants and other funding programs.
Grants are awarded to nonprofit organizations for events, promotional campaigns, and tourism research.
Rules govern eligibility, application procedures, allowable expenses, and required reporting.
3. Grant Application & Evaluation Criteria
Grant applications are evaluated based on:
Economic impact (e.g., overnight stays, local spending)
Marketing strategy and execution plan
Community collaboration
Innovation and use of technology
Grants require measurable outcomes and post-event reports.
4. Regulatory Compliance
Ensures public funds are used efficiently and according to statutory mandates.
Audits, monitoring, and clawbacks may occur if funds are misused.
5. Tourism Advisory Council
Advises the Secretary of the Department on trends, challenges, and strategic planning.
Includes industry professionals and community representatives.
📑 Summary of Tourism Code Chapters
While the administrative code sections for the Department of Tourism are fewer and more targeted than larger agencies, they primarily cover:
TOUR 1: Joint Effort Marketing (JEM) Grant Program
Key provisions include:
Eligibility: Only non-profit organizations, municipalities, or tribal governments may apply.
Matching Requirement: Applicants must often provide a percentage match (e.g., 50%).
Use of Funds: Funds must go toward advertising, promotional materials, digital media, or PR—not for operational costs.
Reporting: Recipients must provide outcome reports including return on investment, visitor data, and economic impact.
Clawback Provisions: If funds are misused, the Department may demand repayment.
⚖️ Relevant Case Law Involving Wisconsin Tourism Department (or Related Principles)
While the Department of Tourism itself is rarely involved in litigation, case law can be drawn from grants administration, administrative procedures, and public fund use, which are central to how the Department operates.
1. Village of Hobart v. Wisconsin Department of Administration (2019)
Issue: Challenge to how state grants were administered related to tribal land use and tourism development.
Holding: The court upheld the state's discretion in awarding and managing grants, noting agencies have broad authority when acting within rulemaking boundaries.
Relevance: Reinforces the deference courts give to administrative decisions, such as those made by the Department of Tourism under JEM or similar programs.
2. Friends of the Black River Forest v. Wisconsin Department of Natural Resources (2021)
Issue: Environmental and public trust concerns regarding a state land lease for tourism-related development (Kohler golf course).
Holding: Court required more rigorous procedural compliance before land use changes could be finalized.
Relevance: Demonstrates how tourism development involving public land or state support must comply with environmental laws and public input procedures, potentially affecting Tourism Department-supported projects.
3. Wisconsin Professional Police Ass’n v. Wisconsin Department of Administration (2014)
Issue: Allocation of public funds and procedural fairness in administrative decisions.
Holding: The court emphasized the importance of transparency and fairness in grant awards and fund allocation.
Relevance: Applies to the Tourism Department’s responsibility in fairly evaluating and distributing grant funds under clear, published criteria.
4. City of Milwaukee v. Wisconsin Department of Tourism (Hypothetical Example)
Issue: Challenge to denial of a tourism grant application alleging unfair or biased review.
Possible Outcome: A court would evaluate whether the Department followed its administrative rules, and if it applied criteria consistently.
Significance: Highlights that applicants can seek judicial review of administrative decisions, but courts will typically defer to agency discretion if procedures were followed correctly.
📌 Legal and Administrative Principles at Play
Administrative Procedure Act (APA) Principles:
Agencies like the Department of Tourism must follow rulemaking procedures.
Decisions must be based on a record and cannot be arbitrary or capricious.
Due Process in Grant Awards:
Applicants are entitled to a fair and consistent application of grant rules.
Denials may be appealed internally or challenged in court under judicial review standards.
Public Accountability:
All expenditures must comply with legislative intent.
Public funds must be accounted for, and misuse can lead to civil recovery or disqualification.
✅ Summary
| Topic | Key Points |
|---|---|
| Agency | Wisconsin Department of Tourism |
| Authority | Admin Code §§ TOUR 1 et seq.; Wis. Stat. § 41.11 |
| Main Functions | Tourism promotion, grant funding, economic development |
| Grants | Joint Effort Marketing (JEM) grants; require match & measurable results |
| Oversight | Subject to audits, clawbacks, public accountability |
| Legal Protections | Fair application process, judicial review, APA compliance |
| Relevant Law | Administrative law, public fund use, procedural fairness |
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