HB2932 H GO AM 2-10

C. Roskovensky 3338


    The Committee on Government Organization moves to amend the bill on 1, line 16, by striking everything after the enacting section and inserting in lieu thereof the following:


§5B-1-1a. Marketing and Communications Office.

    (a) There is hereby created in the Department of Commerce the Marketing and Communications Office. The Marketing and Communications Office within the Department of Commerce is continued. The office is created to shall provide marketing and communications, goods and services to other state agencies, departments, units of state or local government or other entity or person.

    (b) The office is authorized to may charge for goods and services it provides to other state agencies. The Secretary of the Department of Commerce shall approve a fee schedule determining the amounts that may be charged for goods and services provided by the office to other state agencies. The office may promote and sell West Virginia-themed or related items. At the discretion and approval of the Secretary, the office may also sell partnerships, sponsorships or advertising in its publications, events or promotions to help offset the cost of producing and distributing its products and services.

    (c) All moneys collected shall be deposited in a special account in the State Treasury to be known as the Department of Commerce Marketing and Communications Operating Fund. Expenditures from the fund shall be for the operation of the office and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article two, chapter eleven-b of this code. Provided, That for the fiscal year ending June 30, 2008, expenditures are authorized from collections and shall be expended at the discretion of the Secretary of the Department of Commerce rather than pursuant to appropriation by the Legislature.

    (d) Any balance remaining at the end of any fiscal year shall not revert to the General Revenue Fund, but shall remain in the fund for expenditures in accordance with the purposes set forth in this section.

    (e) The department of Commerce shall develop and maintain a system of annual or more frequent performance measures useful in gauging the efficiency and effectiveness of the office’s marketing and communications activities. The measures shall also reflect the office’s efficiency and effectiveness with respect to commercially available marketing and communications services and any private sector benchmarks which might be identified or created. For the purposes of this section, “performance measures” means income, output, quality, self-sufficiency and outcome metrics.

    (f) Beginning on January 1, 2008, and Annually, every year thereafter, the Secretary of the Department of Commerce shall report to the Joint Committee on Government and Finance, the Joint Standing Committee on Finance and the Joint Commission on Economic Development on the performance of the office. This report is to shall include a statement of the performance measurements for the office developed by the Secretary of the Department of Commerce and an analysis of the office’s performance.

    (g) Pursuant to the provisions of article ten, chapter four of this code, the Marketing and Communications Office shall continue to exist until July 1, 2010, unless sooner terminated, continued or reestablished.