H. B. 2880


Delegates Flanigan, Willis, Fantasia, Heck, Davis,

Willison and Azinger)

(Originating in the Committee on Government Organization)

[January 14, 1998 ]

A BILL to amend and reenact section twelve, article two, chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, modifying the definition of direct advertising.

Be it enacted by the Legislature of West Virginia:
That section twelve, article two, chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
§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) A minimum of five percent of the moneys deposited 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 includes means advertising which is limited to television, radio, mailings, newspaper, magazines, and outdoor billboards, the internet, or any combination thereof, and other media or combinations thereof which are commonly used for promotional purposes;
(b) 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 promulgated by the tourism commission: Provided, That emergency rules for the distribution of funds for the fiscal year ending the thirtieth day of June, one thousand nine hundred ninety-six, are specifically authorized; and
(c) All advertising expenditures over twenty-five thousand dollars from the tourism promotion fund require prior approval by recorded vote of the commission.

Note: The purpose of this bill is to modify the definition of direct advertising by adding the internet, research, promotional items and various gatherings of persons active in the tourism industry.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.