H. B. 4312
(By Delegate Walters (By Request))
[Introduced
February 5, 2004
; referred to the
Committee on Education then the Judiciary.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §4-9-1, §4-9-2 and
§4-9-3, all relating to creation of the Verifiable Science
Act; and providing that the public may request and shall
receive, access under the state freedom of information act to
any purported scientific data used as the basis for proposed
legislative rules or statutory enactments.
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 §4-9-1, §4-9-2 and
§4-9-3,
all to read as follows:
ARTICLE 9. VERIFIABLE SCIENCE ACT.
§4-9-1. Short title.
This article is hereby designated as the "Verifiable Science
Act".
§4-9-2. Declaration of purpose.
The Legislature hereby declares that the citizens of this state have a right to access data resulting from state funded
studies, in whole or in part, that are used as rationale or
justification for the development of state law or legislative rules
or as the basis for any state enforcement action. Any legislative
rules proposed in accordance with the results of any purported
scientific studies or data derived therefrom, must be justified by
pertinent, ascertainable, and peer-reviewed science.
§4-9-3. State responsibilities.
Any scientific documentation, statistics, reports or research
which purports to support a proposed legislative rule or proposed
statutory change, amendment or addition, policy statement, official
report, legislative study, or any other official pronouncement
which might lead directly to the adoption of new legislative rules
or statutory enactments, shall be made available to the public upon
request therefor made under the provisions of article one, chapter
twenty-nine-b of this code.
NOTE: The purpose of this bill is to provide that the public
may request and shall receive, access under the state freedom of
information act to any purported scientific data used as the basis
for proposed legislative rules or statutory enactments.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
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