SECOND REGULAR SESSION

SENATE BILL NO. 954

90TH GENERAL ASSEMBLY


INTRODUCED BY SENATORS BENTLEY AND JOHNSON.

Read 1st time February 2, 2000, and 1,000 copies ordered printed.



TERRY L. SPIELER, Secretary.

4163S.02I


AN ACT

To amend chapter 620, RSMo, by adding thereto two new sections relating to cultural tourism.


Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A.  Chapter 620, RSMo, is amended by adding thereto two new sections, to be known as sections 620.468 and 620.469, to read as follows:

620.468.  1.  Sections 620.468 and 620.469 may be cited as the "Missouri Cultural Tourism Development Act".

2.  As used in sections 620.468 and 620.469, the following terms shall mean:

(1)  "Award", a grant or loan provided in conjunction with the Missouri cultural tourism development grant and loan program;

(2)  "Department", the department of economic development;

(3)  "Director", the director of the department of economic development;

(4)  "Fund", the cultural tourism development fund;

(5)  "Grant and Loan Program", the Missouri cultural tourism development grant and loan program;

(6)  "Program", the Missouri cultural tourism development program.

3.  There is hereby established a "Cultural Tourism Development Program" within the department of economic development.  The goals of the program are:

(1)  To increase, develop and enhance visitor experiences in Missouri which are involved with artistic, heritage or historical offerings and are important to the state's economy; and

(2)  To increase the amount of tourism expenditures spent in Missouri and strengthen cultural tourism's role as an economic tourism development vehicle.

4.  The program will provide technical assistance to municipalities, counties and regions of the state, not-for-profit groups and tourism-related businesses or business organizations.  The program will establish a grant and loan program which may serve municipalities, counties and regions of the state, not-for-profit groups and tourism-related bus

inesses or business organizations.  These activities will be pursued to achieve the goals as provided in subsection 3 of this section.

5.  The grant and loan program will be administered by the department with input from the division of tourism, Missouri Humanities Council, Missouri Arts Council, department of transportation, department of natural resources, the secretary of state's office and other entities or persons as determined by the director.

6.  The department in consultation with the division of tourism, Missouri Humanities Council, Missouri Arts Council, department of transportation, department of natural resources, the secretary of state's office and other entities or persons as determined by the director will develop criteria for technical assistance from the program and criteria for awards from the grant and loan program.

7.  Program rules shall be developed and promulgated by the director in accordance with sections 620.468 and 620.469.

8.  The department will award grants and loans.  No single award for a project shall exceed ten percent of the total amount of monetary awards given in a single year.

9.  The department shall determine the terms and conditions of any loan from the fund, including but not limited to the interest rate and repayment terms of each loan.  All loans shall be evidenced by appropriate security.  The director is authorized to require in connection with any loans from the fund any documents, instruments, certificates, legal opinions or other information he or she deems necessary or convenient for his or her purposes.

10.  The department is authorized, subject to appropriations, to employ persons as may be needed to administer the program and the grant and loan program.

11.  Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section and section 620.469 shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo.  This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2000, shall be invalid and void.

620.469.  1.  There is hereby created within the department of economic development a "Cultural Tourism Development Fund" which shall consist of revenues appropriated by the general assembly, and also any gifts, grants, bequests or contributions from private, federal, county or municipal entities.

2.  The state treasurer shall be custodian of the fund and shall provide disbursements from the fund at the request of the department for approved activities related to cultural tourism.

3.  Notwithstanding any other provisions of law to the contrary, moneys in the fund shall not lapse to general revenue or any other fund, but the moneys shall remain in the fund.  The director shall include a reporting of all receipts and expenditures from the fund in the department's annual budget.




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