Senate Bill No. 456
(By Senators Kessler(Acting President) and Unger)
[Introduced February 8, 2011; referred to the Committee on Economic Development; and then to the Committee on Finance.]
A BILL to amend and reenact §5B-1-1a of the Code of West Virginia, 1931, as amended, relating to allowing the Marketing and Communications Office of the Department of Commerce, with the approval of the secretary, to sell partnerships, sponsorships or advertising in its publications, events or promotions.
Be it enacted by the Legislature of West Virginia:
That §5B-1-1a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. DEPARTMENT OF COMMERCE.
§5B-1-1a. Marketing and Communications Office.
(a) There is hereby created continued 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. At the discretion of and with the approval of the Secretary of the Department of Commerce, 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, of each year 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 July 1, 2010, unless sooner terminated, continued or reestablished.
(NOTE: The purpose of this bill is to allow the Marketing and Communications Office of the Department of Commerce, with the approval of the secretary, to sell partnerships, sponsorships or advertising in its publications, events or promotions.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)