Senate Bill No. 187
(By Senators Kessler (Mr. President) and M. Hall,
By Request of the Executive)
[Introduced February 15, 2013; 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-2I-1, §5B-2I-2,
§5B-2I-3, §5B-2I-4, §5B-2I-5 and §5B-2I-6, all relating to
creating the Jobs Impact Statement Act; requiring that the
West Virginia Development Office prepare a jobs impact
statement when requested by the Governor or leader of either
house of the Legislature for certain proposed legislation;
outlining the contents of the jobs impact statement; providing
that this article does not affect the validity of legislation,
restrict consideration of pending legislation or otherwise
alter, amend or invalidate any rule of the Senate, the House
of Delegates or joint rules of the Senate and House of
Delegates; and describing the manner in which copies of the jobs impact statement shall be made available.
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-2I-1, §5B-2I-2,
§5B-2I-3, §5B-2I-4, §5B-2I-5 and §5B-2I-6, all to read as follows:
ARTICLE 2I. JOBS IMPACT STATEMENT.
§5B-2I-1. Short title.
This article may be cited as the "Jobs Impact Statement Act."
§5B-2I-2. Legislative findings.
The Legislature finds that 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 the
§5B-2I-3. Persons empowered to request jobs impact statement;
preparation by West Virginia Development Office; time
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 one copy 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-2I-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 the 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 general industrial sector using the two-digit
standard North American Industry Classification System (NAICS)
codes as found in the current version of the Official U.S. NAICS
(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-2I-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 does not affect the validity of legislation which
is enacted nor does the unavailability restrict consideration of
pending legislation. A provision of this article may not 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-2I-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 their respective houses.
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 cause an impact on the
West Virginia economy, when so requested by the Governor or leader
of either House of the Legislature.
This article is new; therefore, strike-throughs and
underscoring have been omitted.