Senate Bill No. 391
(By Senators Anderson, Buckalew, Walker,
Sharpe, Ross, Helmick and Dugan)
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[Introduced February 16, 1995; referred to the Committee
on Government Organization; and then to the Committee on
Finance.]
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A BILL to amend chapter five-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article ten, relating to
the department of administration and establishment therein
of a division of forms management; setting forth the
appointment, powers and duties of the division director;
requiring all state agencies and educational institutions to
cooperate; and requiring a comprehensive form for reporting
certain taxes.
Be it enacted by the Legislature of West Virginia:
That chapter five-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article ten, to read as
follows:
ARTICLE 10. DIVISION OF FORMS MANAGEMENT.
§5A-10-1. Definitions.
Unless the context in which used clearly requires a different meaning, as used in this article:
(a) "Agency" means any state office, department, division,
board, bureau, commission, authority or other separate unit of
state government established by the constitution, by act of the
Legislature or by executive or legislative order.
(b) "Director" means the director of the division of forms
management.
(c) "Form" means every piece of paper, transparent plate or
film containing information, printed, generated or reproduced by
whatever means with blank spaces left for the entry of additional
information to be used in any transaction involving the state of
West Virginia.
(d) "Forms management" means the program maintained by the
director to provide continuity of forms design procedures from
the form's origin to its completion as a record by determining
the form's size, style and size of type; format; type of
construction; number of plys; quality, weight and type of paper
and carbon; and by determining the use of the form for data
entry.
§5A-10-2. Division of forms management created; purpose;
appointment of director.
The division of forms management is hereby created within
the department of administration for the purpose of coordinating,
designing, implementing and maintaining a statewide forms
management program.
The division shall be under the supervision and control of
a director. After selection through open competitive examination
and upon recommendation of the division of personnel, the
commissioner shall appoint a director of the division.
§5A-10-3. Powers and duties of the director.
The director of the division of forms management shall:
(a) Coordinate a forms management program for all state
agencies and educational institutions and provide assistance in
establishing internal forms management capabilities;
(b) Study, develop, coordinate and initiate forms of
interagency and common administrative usage and establish basic
state design and specification criteria to effect the
standardization of state forms;
(c) Provide assistance to state agencies and educational
institutions for economical forms design and forms art work
composition and establish and supervise control procedures to
prevent the undue creation and reproduction of state forms;
(d) Provide assistance, training and instruction in forms
management techniques to state agencies and educational
institutions forms management representatives and departmental
forms coordinators and provide direct administrative and forms
management assistance to new state organizations or institutions
as they are created;
(e) Maintain a central cross index of state forms to
facilitate the standardization of the forms, to eliminate redundant forms and to provide a central source of forms usage
and availability of information;
(f) Utilize appropriate procurement techniques to take
advantage of competitive bidding, consolidated orders and
contract procurement of forms in order to ensure more efficient,
economical and timely procurement, receipt, storage and
distribution of state forms;
(g) Coordinate purchase, lease and use of all state
executive agencies' and educational institutions' photographic
copying machines and printing equipment including materials used.
All requests by any executive agency or educational institution
for copying or printing equipment must be approved by the
division director;
(h) Coordinate the forms management program with the
existing state archives and records management program to ensure
timely disposition of outdated forms and related records;
(i) Conduct periodic evaluation of the effectiveness of the
overall forms management program and the forms management
practices of the individual state educational institutions and
state agencies and maintain records which indicate net dollar
savings realized through centralized forms management. A report
containing these figures shall accompany the annual budget
request of the department of administration;
(j) Enter into agreements which delegate implementing action
to state agencies or educational institutions where mutually developed arrangements will result in the most timely and
economical method of accomplishing the purposes set forth in this
section; and
(k) Develop and promulgate rules in a manner consistent with
chapter twenty-nine-a of this code to implement the overall
purposes of this article.
In order to carry out the purposes of this article, the
director may examine any form used by any state agency or
educational institution. When implementing a forms management
program, the director shall take into consideration procedures
and forms prescribed by the federal government. The director
shall design, redesign, number, standardize or eliminate any
state form as may be appropriate.
§5A-10-4. Agencies and educational institutions to cooperate;
purchase of forms.
All educational institutions and agencies of the state shall
cooperate with and support the development and implementation of
the statewide forms management program. To assist in the
coordination and implementation of the forms management program,
each state educational institution and agency shall appoint a
forms management representative. These agencies and institutions
shall purchase all of their forms through the division.
§5A-10-5. Comprehensive tax reporting form; use by all tax
commissioners.
In addition to the duties prescribed by section two of this article, the director shall develop a comprehensive tax reporting
form. This form shall be used by the tax commissioner for
reporting of the following taxes by all business organizations
including, but not limited to, sole proprietorships,
partnerships, limited partnerships, associations and
corporations: The corporate license charter tax imposed by
section seventy-eight, article twelve, chapter eleven; the
business franchise registration tax imposed by section three,
article twelve, chapter eleven; the business and occupation
privilege tax imposed by section two, article thirteen, chapter
eleven; the general consumers sales and service tax imposed by
section one, article fifteen, chapter eleven; the excise tax on
use of tangible personal property imposed by section two, article
fifteen-a, chapter eleven; the corporate net income tax imposed
by section four, article twenty-four, chapter eleven; and the
corporate license tax imposed by section two, article twelve-c,
chapter eleven.
NOTE: The purpose of this bill is to create a division
within the Department of Administration to manage and coordinate
all state forms used by both agencies and educational
institutions. The director of the division is to require
agencies and institutions to consolidate, eliminate, number and
organize their forms using the division's prescribed plan so as
to eliminate duplication and confusion. The director is given
control over all state photocopying and printing equipment so as
to eliminate unnecessary expense in production of forms. In
addition, he or she must develop a comprehensive tax reporting
form for the reporting of B & O, corporate net, sales, use,
business franchise and corporate charter taxes. The tax
commissioner is required to use the form.
This article is new; therefore, strike-throughs and
underscoring have been omitted.