1. As used in this section, the following terms mean:

(1) “Director”, the director of the division of tourism;

(2) “Fund”, the tourism marketing fund created by this section;

(3) “Marketing”, the sale, gift, or other transfer of special items or other items, all of which shall be made in the United States of America, in accordance with the provisions of this section;

(4) “Person”, any individual, corporation, partnership, firm, association, public or private agency, or other organization;

(5) “Promotion”, the planning and conducting of information and advertising campaigns;

(6) “Special item”, an item or work containing a logo, design, trademark, patentable material, or copyrightable material owned by the state of Missouri or any agency instrumentality, or public officer thereof, and which item or work relates in any way to any of the powers, duties, or functions of the director of the division of tourism;

(7) “Trademark”, any trademark granted by either the United States or any state thereof.

2. There is hereby established a special trust fund to be known as the “Tourism Marketing Fund”. The provisions of section 33.080 requiring the transfer of unexpended balances to the general revenue fund at the end of each biennium shall not apply to the moneys in the tourism marketing fund; except that, if at the end of any biennium the fund balance exceeds one and one-half times the amount expended pursuant to appropriations from the fund in the previous fiscal year, the amount of such excess shall be transferred to the general revenue fund. The director shall have administrative control of the tourism marketing fund, and all moneys in the fund shall be used exclusively for the purposes of sections 620.450 to 620.465. The state treasurer shall invest moneys of the tourism marketing fund which are not needed to meet current obligations in the same manner as other state funds may be invested by him. All yield, interest, income, increment, and gain received from the investment of moneys of the tourism marketing fund shall be credited to the tourism marketing fund. If the tourism marketing fund is ever abolished, all moneys in the fund on the effective date of its abolition shall by appropriation be transferred to the 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 the goal of the promotion of tourism, with the receipts to be deposited in the fund;

(2) Receive and accept, to be deposited in the fund, grants, gifts, and contributions from any and all public and private sources whatsoever, in addition to money received from the marketing of special items or other items in accordance with this section;

(3) Subject to approval by the commission and through the normal appropriation process, employ personnel as necessary for the marketing of special items and other items, as well as for the efficient administration of this section;

(4) Grant exclusive or nonexclusive licenses to any person with respect to the performance of any marketing duties or powers under this section;

(5) Make and execute contracts and all other instruments necessary or convenient for the performance of his duties and the exercise of his powers and functions under this section. In addition, appropriate contracts shall be executed that will allow computerization of attractions and tourism related activities in state information centers;

(6) Use the money in the fund for marketing special items or other items in accordance with this section for the promotion and development of tourism in the state and for the administration of sections 620.450 to 620.465;

(7) Begin marketing special items together with other items on or within land or facilities owned or leased by the state, with the cooperation of the state agency, board, or commission in control of the land or facilities.

4. No person may market special items without the written consent of the director, and the director may require royalty payments from such a person prior to giving his consent. Money from all royalty payments shall be deposited in the fund.

5. The director and every agency, board, and commission of the state are exempt from all taxes imposed by the state, arising out of the marketing of special items and other items in accordance with this section. However, this section does not exempt any other person from any applicable tax on his income or business insofar as that person is involved in the marketing of special items or other items in accordance with this section.