COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 14
(By Senators Jenkins, Williams, Foster and Barnes)
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[Originating in the Committee on Economic Development;
reported March 6, 2009.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §5B-2H-1, §5B-2H-2,
§5B-2H-3, §5B-2H-4, §5B-2H-5, §5B-2H-6, §5B-2H-7 and §5B-2H-
8, all relating to requiring a jobs impact statement for
certain proposed legislation; rule-making authority; and
termination date of act.
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 article, designated §5B-2H-1, §5B-2H-2,
§5B-2H-3, §5B-2H-4, §5B-2H-5, §5B-2H-6, §5B-2H-7 and §5B-2H-8, all
to read as follows:
ARTICLE 2H. JOBS IMPACT STATEMENT.
§5B-2H-1. Short title.
This article may be cited as the "Jobs Impact Statement Act."
§5B-2H-2. Legislative findings.
The Legislature finds that, in order to maintain and create an economic climate which will sustain and promote the creation and
retention of jobs in the State of West Virginia and provide
employment opportunities for as many citizens as possible, it is
important to understand the jobs impact of Legislature acts. The
Legislature further finds that without appropriate information it
may enact legislation that would adversely affect employment in the
state.
§5B-2H-3. Persons empowered to request jobs impact statement;
preparation by West Virginia Development Office;
time limitations.
Upon an agreed written request by the Governor and the
presiding officers of both houses of the Legislature, proposed
legislation which has an impact on the state's economy shall be
reviewed by the West Virginia Development Office, which shall
prepare a jobs impact statement. The request shall be accompanied
by 10 copies of the proposed legislation. In preparing a jobs
impact statement, the Director of the West Virginia Development
Office may seek assistance or data from, or contract with, any
organization or state agency which may facilitate the compilation
of the jobs impact statement. Any state agency shall provide
requested information within 15 days from the date of the request.
The West Virginia Development Office shall return a jobs impact
statement to the requesting party within 30 days of the date of the
original request.
§5B-2H-4. Contents of the jobs impact statement; explanations required for omissions.
(a)
General rule. -- The jobs impact statement, using generally
accepted methodology, shall detail both short-term and long-term
job effects of the proposed legislation and shall include, but is
not limited to, the following information:
(1) A determination of the probable result of the legislation
in terms of the number of West Virginia jobs which will be created,
retained or eliminated;
(2) A statement of the probable net impact of the legislation
on employment levels and employment patterns in West Virginia;
(3) A determination of the relative impact on the number of
West Virginia jobs by broad industrial sector, two-digit standard
industrial classification; and
(4) A statement detailing the methodology used to prepare the
jobs impact statement.
(b)
Omission. -- A jobs impact statement that omits any
information required by subsection (a) of this section shall
specifically note its omission, the reason for its omission, the
importance of any relevant information so omitted to a complete and
realistic assessment of the economic impact of the legislation and
the additional time and effort required to obtain any information
needed for the assessment.
§5B-2H-5. Lack of jobs impact statement not to affect consideration
or validity of legislation; jobs impact statement
advisory only.
If, in the opinion of the Director of the West Virginia
Development Office, a jobs impact statement cannot be prepared
within the statutory time frame, the unavailability of a jobs
impact statement does not affect the validity of legislation which
is enacted nor does the unavailability restrict consideration of
pending legislation. No provision of this article alters, amends
or invalidates any rule of the Senate, rule of the House of
Delegates or joint rule of the Senate and House of Delegates. The
job impact statement is to be advisory only, and it is understood
that a variety of interrelated factors will ultimately determine,
over time, the actual job effects of any legislation subject to the
provisions of this article.
§5B-2H-6. Availability of copies of jobs impact statements.
One copy of a jobs impact statement requested under section three
of this article shall be made available to the Governor and the
presiding officers of both houses of the Legislature, who shall
distribute the statement to all members of the respective house.
Copies of the statement shall be made available to the public at
the office of the clerk of the respective houses of the
Legislature.
§5B-2H-7. Rulemaking.
The West Virginia Development Office shall propose rules for
legislative approval in accordance with article three, chapter
twenty-nine-a of this code to establish, implement and enforce the
provisions of this article.
§5B-2H-8 Termination.
This article shall abrogate and terminate without further action
by the legislature on July 1, 2013.
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