ENROLLED
Senate Bill No. 594
(By Senators Helmick, Chafin, Fanning and Kessler)
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[Passed April 10, 2009; to take effect July 1, 2009.]
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AN ACT to amend and reenact §5B-2-12 of the Code of West Virginia,
1931, as amended, relating to the transfer of moneys for the
courtesy patrol program out of the Tourism Promotion Fund.
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, $4,700,000 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
according to the following
schedule: On July 31 of each year, $850,000, and on the last day of
each month thereafter, $350,000
. 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 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 monthly 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: 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 July 1, 1995, according to legislative
rules authorized for promulgation by the Tourism Commission.
(d) All advertising expenditures over $25,000 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.