Introduced Version
House Bill 4288 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 4288
(By Delegate Reynolds)
[Introduced February 2, 2010; referred to the
Committee on Natural Resources 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 expended 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 according to the following
schedule: On July 31 of each year, $850,000, and on the last day
of each month thereafter, $350,000. 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 monthly
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. However,
no less than fifty
percent of the total funds expended pursuant to this subsection
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 thereof.
(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 not less
than fifty percent of the moneys remaining in the Tourism Promotion
Fund when expended 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
be added.