H. B. 2972
(By Delegate Reynolds)
[Introduced March 5, 2009; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact §5B-2-12 of the Code of West Virginia,
1931, as amended, relating to requiring that not less than
fifty percent of the moneys remaining in the Tourism Promotion
Fund be made to West Virginia companies.
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. 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 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: Provided, however, That no less
than fifty percent of the total funds expended shall be made to
West Virginia companies.
Direct advertising means advertising
which is limited to television, radio, mailings, newspaper,
magazines, the Internet and outdoor billboards or any combination
(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.
NOTE: The purpose of this bill is to require that after the
courtesy patrol program expenditures have been met, at least fifty
percent of the moneys remaining in the Tourism Promotion Fund be
made to West Virginia companies.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would