Senate Bill No. 447
(By Senators Bowman and Unger)
[Introduced March 3, 2005; referred to the Committee
on Government Organization; and then to the Committee on
A BILL to amend and reenact §5B-2-12 of the Code of West Virginia,
1931, as amended, relating to authorizing the Tourism
Commission to promulgate emergency rules addressing the use of
money from the Tourism Promotion Fund for direct advertising
within the state's travel regions.
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 continued; use of funds.
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 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 means advertising which is limited to television,
radio, mailings, newspaper, magazines and outdoor billboards, or
any combination thereof.
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
beginning the first day of July, one thousand nine
hundred ninety-five according pursuant
to legislative rules.
authorized for promulgation by
The Tourism Commission may,
notwithstanding the provisions of subsection (f), section fifteen,
article three, chapter twenty-nine-a of this code, promulgate the
rules as emergency rules prior to the first day of July, two
(c) 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 authorize the Tourism Commission to promulgate emergency rules addressing the use of
money from the Tourism Promotion Fund for direct advertising within
the state's travel regions.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would