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Committee Substitute House Bill 3188 History

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COMMITTEE SUBSTITUTE

FOR

H. B. 3188

(By Delegate Marshall)


(Originating in the House Committee on Judiciary)

[February 20, 2008]


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article designated §5B-4-1, §5B-4-2, §5B- 4-3, §5B-4-4, §5B-4-5 and §5B-4-6, all relating to creating measures to analyze effectiveness of economic development incentives; requiring reporting; and requiring the department of commerce to promulgate legislative rules.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5 and §5B-4-6, be amended to read as follows:
ARTICLE 4. ECONOMIC DEVELOPMENT ACCOUNTABILITY ACT.
§5B-4-1. Purpose.
The purpose of this article is to provide reliable and accurate economic measures with which policy makers can gauge the effectiveness of various economic development initiatives.

§5B-4-2. Definitions.

(a) "Assistance" means any type of financial assistance received by an employer or entity for economic development purposes, including but not limited to, loans, grants, tax credits or tax abatements, from any agency under the department of commerce or the department of revenue.
(b) "Person" includes, but is not limited to, any individual, firm, partnership, limited partnership, limited liability company, joint venture, association or corporation.
(c) "Secretary" means secretary of the department of commerce.
§5B-4-3. Documentation.

(a) Each state and local agency, department or political subdivision which renders assistance authorized by certain economic development programs or policies as identified in subsection(c), section five of this article shall document and report to the Secretary all information regarding wages and benefits paid by persons receiving assistance and any other relevant information requested by the secretary.
(b) Beginning on the first day of July, two thousand eight, every person seeking assistance must at the time of application complete a form prescribed by the secretary stating the number and type of jobs to be created or preserved and the anticipated or current wages and benefits that are to be or are currently being paid for those jobs.
(c) At a time to be determined by the secretary pursuant to rules promulgated under this article, every person receiving assistance shall complete a verification form containing all relevant information regarding actual jobs created or preserved and wages and benefits associated with those jobs.
§5B-4-4. Duties of the Secretary.
(a) The secretary shall develop rules for the application form and the verification form as required by this article and may adopt other rules necessary for the administration of this article. All rules shall be proposed for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code.
(b) The secretary shall compare the information collected pursuant to this article relating to assistance authorized by certain economic development programs or policies as identified in subsection (c), section five of this article to the most recent self-sufficiency standards for West Virginia as published by Workforce West Virginia.
(c) The Secretary shall also collect data and provide a comparison with the affected county or municipality, any identifiable alteration in employment, lost wages and tax collection data by similar job classification and similar type of business in that county that may have been adversely impacted by the receipt of assistance.
§5B-4-5. Determination of economic development programs.
(a) On or before the first day of August, two thousand eight, the secretary shall submit to the Joint Commission on Economic Development: (1) a list of all economic development programs or policies administered by any of the agencies under the department of commerce which provide assistance; and (2) from that list, a list of those programs or policies the inclusion of which the secretary determines would best serve the purposes of this article.
(b) On or before the first day of September, two thousand eight, the secretary, in conjunction with the tax commissioner and the secretary of revenue, shall submit to the Joint Commission on Economic Development: (1) a list of all the economic development programs or policies administered by any of the agencies under the department of revenue which provide assistance; and (2) from that list, a list of those programs or policies the inclusion of which the secretary determines would best serve the purposes of this article.
(c) Those programs identified by the secretary the inclusion of which the secretary determines would best serve the purposes of this article in subsections (a) and (b) of this section are subject to the documentation requirements of subsection (a) of section three, subsection (b) of section four and section six of this article.
§5B-4-6. Reporting.
(a) On the first day of August, two thousand ten, and every year thereafter, the secretary shall submit a report to the Joint Commission on Economic Development documenting the amount and type of assistance granted for the preceding fiscal year by the economic development programs or policies identified in subsection (c), section five of this article, the estimated jobs to be created or preserved and wages and benefits to be paid.
(b) On the first day of December, two thousand ten, and every year thereafter, the secretary shall submit a report to the Joint Committee on Government and Finance and the Joint Commission on Economic Development on assistance granted in the preceding fiscal year by the economic development programs or policies identified in subsection (c), section five of this article, including analysis of the actual jobs created, actual jobs preserved, the actual wages and benefits paid, and how that data compares to the self- sufficiency wage.
(c) For purposes of comparison, the self-sufficiency wage to be used shall be the wage reported in the self-sufficiency standard study published by Workforce West Virginia for a single parent with two children, one pre-school and one in grade school.
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