620.466. Definitions--tourism marketing fund, established, purpose, administration, investment--powers of tourism commission--royalty payments required, when--state exemption from taxes.
Definitions--tourism marketing fund, established, purpose,administration, investment--powers of tourism commission--royaltypayments required, when--state exemption from taxes.
620.466. 1. As used in this section, the following termsmean:
(1) "Director", the director of the division of tourism;
(2) "Fund", the tourism marketing fund created by thissection;
(3) "Marketing", the sale, gift, or other transfer ofspecial items or other items, all of which shall be made in theUnited States of America, in accordance with the provisions ofthis section;
(4) "Person", any individual, corporation, partnership,firm, association, public or private agency, or otherorganization;
(5) "Promotion", the planning and conducting of informationand advertising campaigns;
(6) "Special item", an item or work containing a logo,design, trademark, patentable material, or copyrightable materialowned by the state of Missouri or any agency instrumentality, orpublic officer thereof, and which item or work relates in any wayto any of the powers, duties, or functions of the director of thedivision of tourism;
(7) "Trademark", any trademark granted by either the UnitedStates or any state thereof.
2. There is hereby established a special trust fund to beknown as the "Tourism Marketing Fund". The provisions of section33.080, RSMo, requiring the transfer of unexpended balances tothe general revenue fund at the end of each biennium shall notapply to the moneys in the tourism marketing fund; except that,if at the end of any biennium the fund balance exceeds one andone-half times the amount expended pursuant to appropriationsfrom the fund in the previous fiscal year, the amount of suchexcess shall be transferred to the general revenue fund. Thedirector shall have administrative control of the tourismmarketing fund, and all moneys in the fund shall be usedexclusively for the purposes of sections 620.450 to 620.465. Thestate treasurer shall invest moneys of the tourism marketing fundwhich are not needed to meet current obligations in the samemanner as other state funds may be invested by him. All yield,interest, income, increment, and gain received from theinvestment of moneys of the tourism marketing fund shall becredited to the tourism marketing fund. If the tourism marketingfund is ever abolished, all moneys in the fund on the effectivedate of its abolition shall by appropriation be transferred tothe general revenue fund of the state.
3. The tourism commission or the tourism commissions'designee may:
(1) Market special items in any manner consistent with thegoal of the promotion of tourism, with the receipts to bedeposited in the fund;
(2) Receive and accept, to be deposited in the fund, grants,gifts, and contributions from any and all public and privatesources whatsoever, in addition to money received from themarketing of special items or other items in accordance with thissection;
(3) Subject to approval by the commission and through thenormal appropriation process, employ personnel as necessary forthe marketing of special items and other items, as well as forthe efficient administration of this section;
(4) Grant exclusive or nonexclusive licenses to any personwith respect to the performance of any marketing duties or powersunder this section;
(5) Make and execute contracts and all other instrumentsnecessary or convenient for the performance of his duties and theexercise of his powers and functions under this section. Inaddition, appropriate contracts shall be executed that will allowcomputerization of attractions and tourism related activities instate information centers;
(6) Use the money in the fund for marketing special items orother items in accordance with this section for the promotion anddevelopment of tourism in the state and for the administration ofsections 620.450 to 620.465;
(7) Begin marketing special items together with other itemson or within land or facilities owned or leased by the state,with the cooperation of the state agency, board, or commission incontrol of the land or facilities.
4. No person may market special items without the writtenconsent of the director, and the director may require royaltypayments from such a person prior to giving his consent. Moneyfrom all royalty payments shall be deposited in the fund.
5. The director and every agency, board, and commission ofthe state are exempt from all taxes imposed by the state, arisingout of the marketing of special items and other items inaccordance with this section. However, this section does notexempt any other person from any applicable tax on his income orbusiness insofar as that person is involved in the marketing ofspecial items or other items in accordance with this section.
(L. 1987 H.B. 495)