ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 336
(By Senator Love)
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[Originating in the Committee on Finance;
reported April 4, 1997.]
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A BILL to amend chapter five-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article one-b, relating to
the division of highways; establishing a system of
advertising on the official state transportation map;
advertising to pay for cost of maps; proposal of rules for
promulgation establishing acceptable advertising criteria;
payment for advertising; map distribution by the division of
highways; and providing that no state endorsement may be
included on the maps.
Be it enacted by the Legislature of West Virginia:
That chapter five-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article one-b, to read as follows:
ARTICLE 1B. ADVERTISING ON OFFICIAL STATE TRANSPORTATION MAPS
PROGRAM.
§5B-1B-1. Purpose.
This article authorizes the division of highways to
establish criteria for the publication and production of an
official state transportation map which contains advertisements
publicizing West Virginia travel and tourist attractions and
services. The sale of advertising shall pay for the costs of
publication and production of the maps, which shall be
distributed free of charge as public information materials.
§5B-1B-2. Acceptable advertising criteria; promulgation of
rules.
(a) The division of highways shall propose rules for
promulgation in accordance with article three, chapter twenty- nine-a of this code setting forth detailed criteria for
advertisements printed on the official state transportation map,
including what is acceptable as well as unacceptable content. The
rules shall specify that requests for proposals for advertising
on the official state transportation map by a private vendor
shall publicize only West Virginia travel and tourist attractions
and tourist services. The rules shall contain, but are not
limited to, the following criteria:
(1) Advertising shall promote West Virginia tourism;
(2) All advertisements must furnish pertinent information
about West Virginia tourism;
(3) All advertisements shall represent destinations,
attractions, activities, events or points of interest which allow
admission and access to the general public;
(4) The information contained within the advertisement must
be generally beneficial and informative to West Virginia visitors
concerning West Virginia points of interest or tourism
opportunities;
(5) The advertisements shall provide a good representation
of tourism opportunities in West Virginia; and
(6) All multiple destination promotions shall emphasize
their West Virginia locations.
(b) The division of highways shall specify a maximum and
minimum size of advertisements. These standards shall ensure
that the advertising does not overlap the map or the pictorial
side of the map or interfere with the map's primary purpose.
(c) The division of highways shall not accept any
advertisement containing a coupon.
(d) The division has the right to approve all elements of
advertising to be placed on the official state transportation map
and has the sole right of refusal of the advertising.
§5B-1B-3. Payment for advertising.
(a) The division of highways shall determine the rates for advertising. The rates shall be sufficient to cover the costs of
the production and printing of the official state transportation
map.
(b) Where more than one advertisement is to be placed on the
state transportation map, the cost of production and printing of
the map shall be borne equitably by the advertisers based upon
the established rate schedule and determined by the percentage of
total advertising space taken up by each advertisement.
(c) Contract provisions between the division of highways and
private vendors for advertising shall specify the amount, time of
and method of payment to the division for the advertising.
Vendors shall pay for the advertising in advance or by a
substantial deposit to cover the cost of the advertisement.
§5B-1B-4. Map distribution.
(a) The division of highways shall produce and print the
official state transportation map and shall distribute it at no
cost for purposes of tourism.
(b) The official state transportation map may not be
reproduced for purposes of resale.
(c) The division of highways shall distribute the major
portion of the maps as a guide to the traveling public, including
tourists, and shall allocate the remainder of the maps for
internal use by the division of tourism and parks.
§5B-1B-5. No endorsement statement.
The official state transportation map produced pursuant to
this article shall include a statement that the inclusion of
advertising on the maps does not constitute an endorsement by the
state of West Virginia or any agency of the state of West
Virginia of the products or services being advertised.