ENGROSSED
H. B. 206
(By Mr. Speaker, Mr. Thompson, and Delegate Armstead)
[By Request of the Executive]
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[Introduced August 19, 2007; referred to the Committee on
Finance.]
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A BILL to amend and reenact §5B-2-12 of the Code of West
Virginia, 1931, as amended, relating to the tourism
promotion fund; clarifying the administration of the fund;
including advertising on the internet within the definition
of direct advertising; and authorizing emergency rule
making.
Be it enacted by the Legislature of West Virginia:
That §5B-2-12 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA DEVELOPMENT OFFICE.
§5B-2-12. Tourism promotion fund created; use of funds.
There is hereby continued in the State Treasury the special
revenue fund known as the "Tourism Promotion Fund" created under
prior enactment of section nine, article one of this chapter.
(a) The Legislature finds that a courtesy patrol program
providing assistance to motorists on the state's highways is one
of the most beneficial methods to introduce a tourist visiting
the state of the state's hospitality and good will. For that
reason, four million seven hundred thousand dollars of the moneys
deposited in the fund each year shall be deposited in a special
revenue account in the State Treasury to be known as the
"Courtesy Patrol fund Fund". Expenditures from the fund shall be
used solely to fund the courtesy patrol program providing
assistance to motorists on the state's highways. Amounts
collected in the fund which are found from time to time to exceed
funds needed for the purposes set forth in this subsection may be
transferred to other accounts or funds and redesignated for other
purposes by appropriation of the Legislature.
(b) If there are funds remaining after the distribution
required in subsection (a) of this section, a minimum of five
percent of the moneys deposited remaining in the fund each year
shall be used solely for direct advertising for West Virginia
travel and tourism. Provided, That no less than twenty percent
of these funds be expended, with the approval of the Director of
the Division of Natural Resources, to effectively promote and
market the state's parks, state forests, state recreation areas
and wildlife recreational resources. Direct advertising means
advertising which is limited to television, radio, mailings, newspaper, magazines, the internet and outdoor billboards, or any
combination thereof.
(c) The balance of the moneys deposited in the fund shall be
used for direct advertising within the state's travel regions as
defined by the commission. The funds shall be made available to
these districts beginning the first day of July, one thousand
nine hundred ninety-five, according to legislative rules
authorized for promulgation by the Tourism Commission.
(d) All advertising expenditures over twenty-five thousand
dollars from the tourism promotion fund require prior approval by
recorded vote of the commission. No member of the commission or
of any committee created by the commission to evaluate
applications for advertising or other grants may participate in
the discussion of, or action upon, an application for or an award
of any grant in which the member has a direct financial interest.
Finance Committee Title Amendment Pending
"A BILL to amend and reenact §5B-2-12 of the Code of West Virginia,
1931, as amended, relating to the tourism promotion fund; and including
advertising on the internet within the definition of direct advertising."
Note:The purpose of this bill is to include internet
marketing/advertising within the definition of direct advertising under the
tourism promotion fund; clarify the fund administration and to authorize
emergency rule making.
Strike-throughs indicate language that would be stricken from the
present law, and underscoring indicates new language that would be added.