ENROLLED

COMMITTEE SUBSTITUTE

for

H. B. 2878(By Delegates Miller, Manchin, Espinosa, Skinner, Hornbuckle, Lane, Hill,

Stansbury, Rowe, Williams and Upson)

[Passed March 14, 2015; in effect ninety days from passage.]

AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31D-1-131, relating to creating a web-based electronic business portal in West Virginia; requiring the Secretary of State to create a web-based business portal to facilitate interaction between government and businesses in West Virginia; requiring Secretary of State to establish a call center to assist businesses obtain information regarding compliance with state law; requiring the Secretary of State to develop requirements for the web-based business portal; and requiring the Secretary of State to propose rules for legislative approval to implement the provisions of the bill.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 §31D-1-131, to read as follows:

ARTICLE 1. GENERAL PROVISIONS.

§31D-1-131. One-stop electronic state business portal.

            (a) The Secretary of State shall establish a web-based business portal to facilitate interaction among businesses and governmental agencies in West Virginia. The web-based business portal shall provide a single point-of-entry to state government for businesses based in the state and for businesses looking to establish a presence in the state. The web-based business portal shall:

            (1) Provide guidance to users who want to start, operate or expand a business in the state;

            (2) Permit e-payments and provide businesses information about transaction statuses in a paperless environment;

            (3) Provide business owners with the option to electronically:

            (A) Make application, including the payment of fees, for permits and licenses;

            (B) Make application, including the payment of fees, for the renewal of permits and licenses;

            (C) File annual reports;

            (D) Pay unemployment taxes;

            (E) Pay sales and use taxes through a link to the web-based portal maintained by the Tax Division of the Department of Revenue for electronic payment; and

            (F) Pay any other fees or remittances that the business owners are subject to under state law;

            (4) Provide businesses with downloadable access to all editable forms that are necessary for compliance with all reporting and filing requirements with the following agencies:

            (A) West Virginia State Tax Department;

            (B) Workforce West Virginia;

            (C) West Virginia Division of Labor; and

            (D) West Virginia Secretary of State;

            (5) Provide for the electronic filing of documents by city, county and local governments: Provided, That nothing in this section shall be construed to permit the Secretary of State to receive tax returns, or any other documents required to be filed with the State Tax Commissioner, or to require any taxpayer to file tax returns, or any other documents required to be filed with the State Tax Commissioner, with the Secretary of State. Nor shall the Secretary of State be permitted to receive payments for taxes, including interest, penalties or additions to tax, that are required to be collected by the Tax Commissioner. Notwithstanding the foregoing, the Secretary of State and the Tax Commissioner may develop policies and procedures allowing the Secretary of State to accept applications and renewals, and to collect the appropriate fee, for Business Registration Certificates. Provided, further, That nothing in this section shall be construed as requiring the State Tax Commissioner or the Tax Division of the Department of Revenue to disclose confidential taxpayer information to the Secretary of State. 

            (b) The Secretary of State shall establish a consolidated call center to be staffed by trained and knowledgeable persons who are able to assist businesses obtain information and services relating to compliance with state law.

            (c) The Secretary of State shall:

            (1) Develop the requirements of the web-based business portal by August 31, 2015, including but not limited to:

            (A) Establishing, through cooperative efforts, the standards and requirements necessary to design, build, implement and maintain the business portal; and

            (B) Establishing the standards and requirements necessary for a state or local agency to participate in the business portal;

            (2) Coordinate and cooperate with the appropriate entities to facilitate the payment by businesses of any payments or remittances made pursuant to this section, via the web-based business portal; and

            (3) Propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article.