ENGROSSED
Senate Bill No. 40
(By Senator Rowe)
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[Introduced January 8, 2003; referred to the Committee on
Government Organization.]
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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 preservation
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 the property to effectuate or
support the purposes of this article;
(2) To make recommendations to the governor and the
Legislature of any legislation deemed considered 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 the 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 these programs and the staff structure
necessary to support such the 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 preservation tourism programs.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
)