SENATE CONCURRENT RESOLUTION NO. 51

(By Senators Hall and Browning)

Requesting the Joint Committee on Government and Finance to study all existing agency rules through a cost-benefit analysis for the purpose of evaluating the regulatory burden on business and industry in the State of West Virginia.

    Whereas, West Virginia has consistently been considered one of the more difficult states for businesses to thrive for various reasons; and

    Whereas, One of the key reasons this state has been consistently rated as a difficult jurisdiction for businesses is because the state’s regulatory environment is rated as one of the most burdensome in the country for businesses; and

    Whereas, This burdensome regulatory environment has had a significant negative impact on economic development and growth in this state; and

    Whereas, If meaningful action is not taken to address this regulatory burden, it is likely the state’s economic development and growth will continue to be impeded; and

    Whereas, There must be a quality control procedure implemented that will provide for an evaluation of the regulatory burden on business and industry; and

    Whereas, The burdensome rules must be repealed or modified in order to improve this state’s business climate and economic health; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is requested to study all existing agency rules through a cost-benefit analysis for the purpose of evaluating the regulatory burden on business and industry in the State of West Virginia; and, be it

    Further Resolved, That the Joint Committee on Government and Finance is hereby requested, in partnership with West Virginia University and Marshall University, to evaluate the regulatory burden on businesses and industries in the State of West Virginia by performing a cost-benefit analysis of all existing agency rules over a three-year period; and, be it   

    Further Resolved, That the evaluation of existing rules through a cost-benefit analysis will include, but not be limited to, an identification of the agency rules that: (A) Impede private-sector job creation; (B) discourage innovation and entrepreneurial activity; (C) hurt economic growth and investment; (D) harm West Virginia’s national and global competitiveness; (E) limit access to credit and capital; (F) fail to utilize or apply accurate cost-benefit analyses; (G) create additional economic uncertainty; (H) are promulgated in such a way as to limit transparency and the opportunity for public comment, particularly by affected parties; (I) lack specific statutory authorization; (J) undermine labor-management relations; (K) result in large-scale unfunded mandates on employers without due cause; and (L) impose undue paperwork and cost burdens on small businesses; and, be it

    Further Resolved, That a report detailing the analysis and findings in impact statements be prepared by West Virginia University and Marshall University; and, be it

    Further Resolved, That the Joint Committee on Government and Finance provide oversight to West Virginia University and Marshall University as the universities evaluate existing rules and that the oversight role consist of overseeing all efforts performed by West Virginia University and Marshall University in the performance of the cost-benefit analysis and a review of the universities’ final report detailing its findings for each agency rule; and, be it

    Further Resolved, That the Joint Committee on Government and Finance, after making any modifications and adopting the universities’ final report, as modified, provide a copy of the report to the Legislature within four years of the adoption of this resolution together with drafts of legislation necessary to effectuate the recommendations of the final report; and, be it

    Further Resolved, That the Joint Committee on Government and Finance, as it deliberates on draft legislation, specifically consider proposing legislation that would set a five-year moratorium on the adoption of new agency rules and modification of existing rules; and, be it

    Further Resolved, That the Joint Committee on Government and Finance, as it deliberates on draft legislation, specifically consider the feasibility and efficacy of establishing a board, appointed by the Governor, without compensation and with use of existing facilities and staff of the Department of Administration, that would make recommendations to the Governor regarding the termination or modification of agency rules based on the cost-benefit analysis and in response to petitions received from business and industry to terminate or modify an agency rule; and, be it

    Further Resolved, That the Joint Committee on Government and Finance, as it deliberates on draft legislation, consider the feasibility and efficacy of imposing a seven-year sunset provision on state rules promulgated after the above described moratorium has expired and further consider the feasibility and efficacy of requiring all new or modified agency rules to undergo a cost-benefit analysis conducted by West Virginia University and Marshall University, with oversight by the Joint Committee on Government and Finance, prior to promulgation; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare reports and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.