COMMITTEE SUBSTITUTE
FOR
H. B. 2199
(By Delegates Jenkins, Pettit, Thompson,
Kelley, Walters and Frederick)
(Originating in the Committee on Finance)
[March 28, 1997]
A BILL to amend chapter five-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-e, relating to
a requirement for a jobs impact statement for certain
proposed legislation.
Be it enacted by the Legislature of West Virginia:
That chapter five-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article two-e, to read
as follows:
ARTICLE 2E. JOBS IMPACT STATEMENT.
§5B-2E-1. Short title.
This article may be cited as the "Jobs Impact Statement
Act."
§5B-2E-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 the state.
§5B-2E-3. Persons empowered to request jobs impact statement;
preparation by West Virginia development offices; time limitations.
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, at the direction of
the person making the request, be reviewed by either the West
Virginia Uuniversity Bbureau of Bbusiness and Eeconomic Rresearch or
the Marshall Uuniversity Ccenter for Bbusiness and Eeconomic
Rresearch, 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 either the West Virginia Uuniversity Bbureau of Bbusiness and
economic Rresearch or the Marshall Uuniversity Ccenter for Bcbusiness
and Eeconomic Rresearch, 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 jobs impact statement shall be returned to the requesting party within twenty days of the date of the original request.
§5B-2E-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
industrial classification).
(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-2E-5. Lack of jobs impact statement not to affect
consideration or validity of legislation.
If, in the opinion of the director of either the West Virginia University Bbureau of Bbusiness and Eeconomic Rresearch or
the Marshall Uuniversity Ccenter for Bbusiness and Eeconomic
Rresearch, 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
deemed 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-2E-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 make the statement available 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.