Senate Bill No. 391

(By Senators Anderson, Buckalew, Walker,

Sharpe, Ross, Helmick and Dugan)


[Introduced February 16, 1995; referred to the Committee
on Government Organization; and then to the Committee on Finance.]

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:

§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


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.