H. B. 2880
By
Delegate Flanigan, Willis, Fantasia, Heck, Davis,
Willison and Azinger
(Originating in the Committee on Government Organization)
[March 31, 1997]
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:
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) 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 servicespi urposes;
(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.