H. B. 4832
(By Delegates Sobonya, Lane, Howard, Hamilton,
Stephens, Eldridge, Moore and Sumner)
[Introduced February 24, 2006; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §5B-2-12 of the Code of West Virginia,
1931, as amended, relating to the Tourism Promotion Fund; and
prohibiting the allocation of moneys from the fund to
racetracks that have gaming machines on the premises.
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.
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 means advertising which is limited to television,
radio, mailings, newspaper, magazines and outdoor billboards, or
any combination thereof.
(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 authorized for
promulgation by the Tourism commission.
(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.
Notwithstanding any other provision of the code to the
contrary no moneys from the Tourism Promotion Fund may be allocated
to any racetrack in this state that has gaming machines on the
premises.
NOTE: The purpose of this bill is to prohibit the allocation
of moneys from the Tourism Promotion Fund to racetracks that have
gaming machines on the premises.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.