Bill Text: WV SB813 | 2020 | Regular Session | Introduced

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Bill Title: Establishing searchable databases for registered corporation and sole proprietorship information

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-02-17 - To Government Organization [SB813 Detail]

Download: West_Virginia-2020-SB813-Introduced.html

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WEST virginia legislature

2020 regular session

Introduced

Senate Bill 813

By Senator Maynard

[Introduced February 17, 2020; referred
to the Committee on Government Organization; and then to the Committee on Finance]

A BILL to amend and reenact §31D-1-131 of the Code of West Virginia, 1931, as amended, relating to the Secretary of State; and requiring the establishment of searchable databases for West Virginia registered corporation and sole proprietorship information.

Be it enacted by the Legislature of West Virginia:

ARTICLE 1. GENERAL PROVISIONS.

Part III.

Secretary of State.

§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 Tax Division of the Department of Revenue;

(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 does not 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 is 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, however, That nothing in this section shall be construed as requiring does not require the State Tax Commissioner or the Tax Division of the Department of Revenue to disclose confidential taxpayer information to the Secretary of State.

(6) Provide, by July 1, 2020, a searchable database available on the Secretary of State’s website which provides information relating to domestic or foreign corporations, domestic or foreign limited liability companies, domestic or foreign partnerships, and domestic or foreign associations; specifically: The type of business, including any tradenames; the name of the registered agent(s) or owner(s). The Secretary of State and the State Tax Commissioner shall collaborate on the manner in which the information relating to sole proprietorships is made available: Provided, That the database may not contain proprietary, revenue, income, tax-related, or any other confidential information.

(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 §29A-3-1 et seq. of this code, to implement the provisions of this article.

 

NOTE: The purpose of this bill is to require the Secretary of State to establish a searchable database for West Virginia registered corporation and sole proprietorship information.  The bill requires the Secretary of State and the State Tax Commissioner to collaborate on the database.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.