H. B. 2955
(By Delegates Rowe, Mahan, Campbell,
Capito, Marshall, Hatfield and Laird)
[Introduced February 26, 1999; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact section nine, article two, chapter
five-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the powers and
duties of the tourism commission; and adding heritage
presentation tourism programs.
Be it enacted by the Legislature of West Virginia:
That section nine, 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-2-9. Powers and duties of tourism commission.
(a) The commission shall develop a comprehensive tourism
promotion and development strategy for West Virginia.
"Comprehensive tourism promotion and development strategy" means
a plan that outlines strategies and activities designed to
continue, diversify or expand the tourism base of the state as a whole; create tourism jobs; develop a highly skilled tourism work
force; facilitate business access to capital for tourism;
advertise and market the resources offered by the state with
respect to tourism promotion and development; encourage
communities and regions to develop heritage preservation tourism
programs to promote historic homes, churches, schools, buildings,
monuments, bridges, highways, waterways, battlefields,
cemeteries, oil and gas wells and fields, factories, coal mines,
railroads, early salt producing areas, notable educational,
architectural and engineering achievements and all other landmark
places, where the social and cultural contributions of West
Virginians can be commemorated, preserved and promoted for
tourism development; facilitate cooperation among local, regional
and private tourism enterprises; improve infrastructure on a
state, regional and community level in order to facilitate
tourism development; improve the tourism business climate
generally; and leverage funding from sources other than the
state, including local, federal and private sources.
(b) In developing its strategies, the commission shall
consider the following:
(1) Improvement and expansion of existing tourism marketing
and promotion activities;
(2) Promotion of cooperation among municipalities, counties,
and the West Virginia infrastructure and jobs development council in funding physical infrastructure to enhance the potential for
tourism development.
(c) The tourism commission shall have the power and duty:
(1) To acquire for the state in the name of the commission
by purchase, lease or agreement, or accept or reject for the
state, in the name of the commission, gifts, donations,
contributions, bequests or devises of money, security or
property, both real and personal, and any interest in such
property, to effectuate or support the purposes of this article;
(2) To make recommendations to the governor and the
Legislature of any legislation deemed necessary to facilitate the
carrying out of any of the foregoing powers and duties and to
exercise any other power that may be necessary or proper for the
orderly conduct of the business of the commission and the
effective discharge of the duties of the commission;
(3) To cooperate and assist in the production of motion
pictures and television and other communications;
(4) To purchase advertising time or space in or upon any
medium generally engaged or employed for said purpose to
advertise and market the resources of the state or to inform the
public at large or any specifically targeted group or industry
about the benefits of living in, investing in, producing in,
buying from, contracting with, or in any other way related to,
the state of West Virginia or any business, industry, agency, institution or other entity therein: Provided, That of any funds
appropriated and allocated for purposes of advertising and
marketing expenses for the promotion and development of tourism,
not less than twenty percent of the funds shall be expended with
the approval of the director of the division of natural resources
to advertise, promote and market state parks, state forests,
state recreation areas and wildlife recreational resources;
(5) To promote and disseminate information related to the
attractions of the state through the operation of the state's
telemarketing initiative, which telemarketing initiative shall
include a centralized reservation and information system for
state parks and recreational facilities; and
(6) To take such additional actions as may be necessary to
carry out the duties and programs described in this article.
(d) The commission shall submit a report annually to the
council for community and economic development about the
development of the tourism industry in the state and the
necessary funding required by the state to continue the
development of the tourism industry.
(e) The executive director of the West Virginia development
office shall assist the commission in the performance of its
powers and duties and the executive director is hereby authorized
in providing this assistance to employ necessary personnel,
contract with professional or technical experts or consultants and to purchase or contract for the necessary equipment or
supplies.
(f) The commission shall promulgate legislative rules
pursuant to the provisions of chapter twenty-nine-a of this code
to carry out its purposes and programs, to include generally the
programs available, the procedure and eligibility of applications
relating to assistance under such programs and the staff
structure necessary to support such programs, which structure
shall include the qualifications for a professional staff person
qualified by reason of exceptional training and experience in the
field of advertising to supervise the advertising and promotion
functions of the commission, and shall further include provision
for the management of West Virginia welcome centers. The
commission is further authorized to promulgate procedural rules
pursuant to said chapter to include instructions and forms for
applications relating to assistance.
NOTE: The purpose of this bill is to require the Tourism
Commission to promote heritage presentation tourism programs.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.