Senate Bill No. 2006
(By Senators Tomblin, Mr. President, and Caruth,
By Request of the Executive)
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[Introduced August 19, 2007; referred to
the Committee 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
rulemaking.
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.
The Commissioner of the
Division of Tourism shall administer the fund. The Commissioner
of the Division of Tourism and the Commissioner of the Division
of Highways are authorized to enter into an interagency agreement
for expenditure of moneys from the fund in accordance with the
provisions of this section. Amounts collected in the fund which
are found, from time to time, to exceed funds needed for the
purposes set forth in this subdivision 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 subdivision (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.
The Commissioner of Tourism shall administer
the fund:
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.
Upon the
amendment and reenactment of this section during the second
extraordinary session of the Legislature in two thousand seven,
the commission shall promulgate emergency rules to implement and
administer this section pursuant to the provisions of article
three, chapter twenty-nine-a of this code.
(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.
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.
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