ENROLLED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 393
(Senator Bowman, original sponsor)
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[Passed March 10, 2007; to take effect July 1, 2007.]
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AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5B-1-1a, relating to
the Marketing and Communications Office; creating the
Marketing and Communications Office in the Department of
Commerce; authorizing the office to provide marketing and
communications goods and services to other state agencies,
departments, units of state or local government or other
entity or person; authorizing the assessment of fees; setting
fees; creating a special revenue account; providing for
expenditure of funds; requiring certain reports; and providing
sunset provisions.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5B-1-1a, to read as
follows:
ARTICLE 1. DEPARTMENT OF COMMERCE.
§5B-1-1a. Marketing and Communications Office.
(a) There is hereby created in the Department of Commerce the
Marketing and Communications Office. The office is created to
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 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.
(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 the thirtieth day of June, two
thousand eight, 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 the first day of January, two thousand eight,
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 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 the first day of July, two thousand ten, unless
sooner terminated, continued or reestablished.
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