Senate Bill No. 135
(By Senators Jenkins, Unger and Barnes)
[Introduced February 9, 2005; referred to the Committee
on Economic Development; and then to the Committee on Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §5B-2F-1, §5B-2F-2,
§5B-2F-3, §5B-2F-4, §5B-2F-5 and §5B-2F-6, all relating to
requiring a jobs impact statement for certain proposed
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-2F-1, §5B-2F-2,
§5B-2F-3, §5B-2F-4, §5B-2F-5 and §5B-2F-6, all to read as follows:
ARTICLE 2F. JOBS IMPACT STATEMENT.
§5B-2F-1. Short title.
This article may be cited as the "Jobs Impact Statement Act."
§5B-2F-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 for
employment opportunities for as many citizens as possible, it is
important to understand the jobs impact of acts of the Legislature.
The Legislature further finds that without appropriate information
it may enact legislation that would adversely affect employment in
§5B-2F-3. Persons empowered to request jobs impact statement;
preparation by West Virginia Development Offices;
Upon written request by the Governor or the presiding officer
of either House 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 ten 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 ten days from the date of the request.
The West Virginia Development Office shall return a jobs impact
statement to the requesting party within twenty days of the date of
the original request.
§5B-2F-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; and
(3) A determination of the relative impact on the number of
West Virginia jobs by broad industrial sector (two-digit standard
-- 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-2F-5. Lack of jobs impact statement not to affect
consideration or validity of legislation.
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 may not affect the validity of legislation which
is enacted nor shall the unavailability restrict consideration of
pending legislation. No provision of this article shall be
determined to alter, amend or invalidate any rule of the Senate,
rule of the House of Delegates or joint rule of the Senate and
House of Delegates.
§5B-2F-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
NOTE: The purpose of this bill is to require a jobs impact
statement to be completed by the West Virginia Development Office
for certain proposed legislation which may impact both short-term
and long-term jobs in this State.
This article is new; therefore, strike-throughs and
underscoring have been omitted.