House Bill 4311 History
H. B. 4311
(By Delegates White and Campbell)
(By Request of the Department of Commerce)
[Introduced February 3, 2010; referred 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 authorizing the Marketing and
Communications office of the Department of Commerce to promote
and sell West Virginia related items, as well as sell
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 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. The office is also authorized to
promote and sell West Virginia-themed or related items. At the
discretion and approval of the Secretary 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:
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
(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
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
NOTE: The purpose of this bill is to authorize the Marketing
and Communications office of the Department of Commerce to promote
and sell West Virginia related items, as well as sell 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