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Chapter 5 B     Entire Code
‹ Chapter 05A  |  Chapter 05C › Printer Friendly Versions
Chapter 5B  |  Article 5B - 1  |  Section 6
WVC 5B- CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
WVC 5 B- 1 - ARTICLE 1. DEPARTMENT OF COMMERCE.

WVC 5 B- 1 - 1 §5B-1-1. Department of Commerce; office of Secretary of Department of Commerce.
(a) The Secretary of Commerce is the chief executive officer of the department. The Governor shall appoint the secretary, by and with the advice and consent of the Senate, for the term for which the Governor is elected. Any reference in this code to the Bureau of Commerce means the Department of Commerce. Any reference in this code to the Commissioner of the Department of Commerce means the Secretary of Commerce. As used in this article, "secretary" means the Secretary of Commerce and "department" means Department of Commerce.

(b) The department may receive federal funds.

(c) The secretary serves at the will and pleasure of the Governor. The annual salary of the secretary is ninety thousand dollars.

WVC 5 B- 1 - 1 A §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.

WVC 5 B- 1 - 2 §5B-1-2. Agencies, boards, commissions, divisions and offices comprising the Department of Commerce.

     The Department of Commerce consists of the following agencies, boards, commissions, divisions and offices, including all of the allied, advisory, affiliated or related entities, which are incorporated in and administered as part of the Department of Commerce:

     (1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:

     (A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and

     (B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code;

     (2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two-a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the Office of the Governor:

     (A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;

     (B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and

     (C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code;

     (3) The West Virginia Development Office provided in article two, chapter five-b of this code;

     (4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;

     (5) Division of Forestry provided in article one-a, chapter nineteen of this code;

     (6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code;

     (7) Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:

     (A) Division of Unemployment Compensation;

     (B) Division of Employment Service;

     (C) Division of Workforce Development; and

     (D) Division of Research, Information and Analysis;

     (8) Division of Energy provided in article two-f, chapter five-b of this code; and

     (9) Division of Tourism and the Tourism Commission provided in article two, chapter five-b of this code. WVC 5 B- 1 - 3 §5B-1-3. Powers and duties of secretary, administrators, division heads and employees.
(a) The secretary controls and supervises the department and is responsible for the work of each department employee.

(b) The secretary has the power and authority specified in this article, in article two, chapter five-f of this code and as otherwise specified in this code.

(c) The secretary may assess agencies, boards, commissions, divisions and offices in the department for the payment of expenses of the office of the secretary.

(d) The secretary may employ professional staff, including, but not limited to, certified public accountants, economists and attorneys, assistants and other employees as necessary for the efficient operation of the department.

(e) The secretary and administrators, division heads and other employees of the department shall perform their duties as specified in this code and as may be prescribed by the Governor.

WVC 5 B- 1 - 4 §5B-1-4. Reports by secretary.
The secretary shall report annually to the Governor concerning the conduct of the department and make other reports as the Governor may require.

WVC 5 B- 1 - 5 §5B-1-5. Delegation of powers and duties by secretary.
The secretary may delegate his or her powers and duties to assistants and employees, but the secretary is responsible for all official acts of the department.

WVC 5 B- 1 - 6 §5B-1-6. Confidentiality of information.
(a) Information provided to secretary under expectation of confidentiality. -- Information that would be confidential under the laws of this state when provided to a division, agency, board, commission or office within the department is confidential when that information is provided to the secretary or an employee in the office of the secretary. The confidential information may be disclosed only: (1) To the applicable agency, board, commission or division of the department to which the information relates; or (2) in the manner authorized by provisions of this code applicable to that agency, board, commission or division. This confidentiality rule is a specific exemption from disclosure under article one, chapter twenty-nine-b of this code.

(b) Interdepartmental communication of confidential information. -- Notwithstanding any provision of this code to the contrary, information that is confidential pursuant to this code in the possession of any division, agency, board, commission or office of the department may be disclosed to the secretary or an employee in the office of the secretary. The secretary or employee shall safeguard the information and may not further disclose the information except under the same conditions, restrictions and limitations applicable to the administrator of the agency, board, commission, division or office of the department in whose hands the information is confidential. This subsection does not require disclosure of individually identifiable health care or other information that is prohibited from disclosure by federal law. This subsection is a specific exemption from the disclosure requirements of article one, chapter twenty-nine-b of this code.

(c) The provisions of this section:

(1) Apply only to information that is actually disclosed by a division, agency, board, commission or office within a department to the secretary, or an employee in the office of the secretary, of that department;

(2) Do not authorize disclosure or exempt from the provisions of article one, chapter twenty-nine-b of this code any confidential information of a division, agency, board, commission or office within a department to any person or entity other than the secretary, or an employee in the office of the secretary, of that department;

(3) Apply only to disclosure between a division, agency, board, commission or office within a department and the secretary, or an employee in the office of the secretary, of that department.

WVC 5 B- 1 - 7 §5B-1-7. Right of appeal from interference with functioning of agency.
Any governmental entity may appeal to the Governor for review upon a showing that application of the secretary's authority may interfere with the successful functioning of that entity. The Governor's decision controls on appeal.

WVC 5 B- 1 - 1 A §5B-1-1a. Marketing and Communications Office.
     (a) There is 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.

     (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) On January 1 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.

Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§ 5 B- 1 - 8 - (New Code)
HOUSE BILL - 4175
PASSED - Regular Session

HB4175 SUB ENR  (Uploaded - 03/25/2014)
West Virginia Small Business Emergency Act
§ 5 B- 2 E- 3 - (Amended Code)
§ 5 B- 2 E- 4 - (Amended Code)
§ 5 B- 2 E- 5 - (Amended Code)
§ 5 B- 2 E- 7 - (Amended Code)
§ 5 B- 2 E- 7 A - (Amended Code)
§ 5 B- 2 E- 7 B - (New Code)
§ 5 B- 2 E- 8 - (Amended Code)
§ 5 B- 2 E- 11 - (Amended Code)
HOUSE BILL - 4184
PASSED - Regular Session

HB4184 SUB ENR  (Uploaded - 03/25/2014)
Relating to the West Virginia Tourism Development Act
§ 5 B- 2 B- 4 - (Amended Code)
HOUSE BILL - 4196
PASSED - Regular Session

HB4196 SUB ENR  (Uploaded - 03/25/2014)
Requiring the Workforce Investment Council to provide information and guidance to local workforce investment boards that would enable them to better educate both women and men about higher paying jobs
§ 5 B- 2 - 12 - (Amended Code)
SENATE BILL - 2004
PASSED - 2nd Special Session

SB2004 SUB1 ENR  (Uploaded - 05/28/2014)
Authorizing transfer of moneys to Courtesy Patrol Fund according to expenditure schedule set by Budget Office
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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