H. B. 3088


(By Delegates Canterbury,

Campbell, Amores,

L. Smith and Ellem)

[Introduced March 29, 2001; referred to the

Committee on Finance.]




A BILL to amend article one, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-eight, relating to requiring state agencies to implement activity-based costing to review their procedures in issuing approvals; requiring reports; and allowing the adjustment of fees.

Be it enacted by the Legislature of West Virginia:
That article one, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-eight, to read as follows:
ARTICLE 1. THE GOVERNOR.
§5-1-28. Procedures for issuance and renewal of approvals over internet.

(a) (1) By the first day of September, two thousand one, every agency of this state that issues an approval, shall have in place an activity-based costing system which it shall use to determine its costs in processing an application for each approval it has responsibility for issuing.
(2) By the first day of January, two thousand two, every agency of this state that issues an approval, shall:
(A) Using its activity-based costing system, determine its costs in processing an application for each approval it has responsibility for issuing; and
(B) Submit a report containing an analysis of the costs to the joint committee on government and finance by filing the report with the legislative librarian. The report shall also contain a full description of the process the agency uses and identify which portions of the process, if any, the agency identifies that could be done electronically, such as through the use of the internet.
(3) Agencies shall redetermine its costs in processing an application for each approval it has responsibility for issuing each time it changes the process it uses and at least once every three years.
(b) After the first day of July, two thousand two, and notwithstanding any other provision of this code or rule, an agency may adjust fees, whether statutorily set or otherwise, it charges at any stage of processing an approval:
(1) To allow discounts, not to exceed the amount anticipated to be saved using an electronically automated processing method, to encourage an applicant for an approval to use alternative electronically automated processing methods; and
(2) To allow additional, convenience fees, for allowing an applicant for an approval to use alternative electronically automated processing methods.
(c) As used in this section "approval" means any license, permit, certificate or other permission, by any other designation, to engage in any activity, including, but not limited to, authority to conduct a trade, profession or business.
(d) The governor shall take appropriate action to inform all state agencies of the requirements contained in this section.


NOTE: The purpose of this bill is to require state agencies to implement activity-based costing to review their procedures in issuing approvals and report their findings to the Joint Committee on Government and Finance. The bill also allows the adjustment of fees for processing approvals to encourage using alternative electronic processing methods.

This section is new; therefore, strike-throughs and underscoring have been omitted.