HOUSE CONCURRENT RESOLUTION NO. 50
(By Delegates J. Miller, Andes, Armstead, Azinger, Blair,
Carmichael, Cowles, Lane, Overington, Porter and Walters)
Requesting the Legislature establish a Joint Legislative Committee
on Economic Freedom for the purposes of identifying legal and
regulatory barriers to private investment and
entrepreneurship, and proposing legislation on such other
actions as may be necessary to remove such barriers.
Whereas, A prosperous economy depends upon job creation through
private investment and entrepreneurship; and
Whereas, Greater private investment and entrepreneurship is
associated with greater economic prosperity; and
Whereas, The unparalleled success of the American economy is
the result of private investment and entrepreneurship; and
Whereas, Unnecessary legal and regulatory barriers to private
investment and entrepreneurship exist, especially in overly
prescriptive licensing requirements, excessive regulations, and
government preemption of business opportunities; and
Whereas, Private investment and entrepreneurship are
discouraged by unnecessary legal and regulatory barriers, reducing
the potential for economic prosperity; and
Whereas, Poverty is an issue of significant public concern; and
Whereas, There are significant geographical pockets of poverty, especially in urban and rural areas, in which legitimate economic
activity is substantially impeded; and
Whereas, Various entrepreneurial opportunities that would
require little investment are closed to potential low income
entrepreneurs by unnecessary legal and regulatory barriers; and
Whereas, The only reliable and sustainable means for reducing
poverty is for the poor to climb the income ladder through
entrepreneurial activity and employment; and
Whereas, By facilitating entrepreneurship by the poor, a means
of exit from poverty would be provided for such new entrepreneurs
and their employees; and
Whereas, Increased entrepreneurship and private investment in
low income communities would increase levels of tax revenue,
improving the financial condition of governments; therefore, be it
Resolved by the Legislature of West Virginia:
That a Joint Legislative Study Committee on Economic Freedom
be created for the purposes of: (1) Identifying legal and
regulatory barriers to private investment and entrepreneurship; and
(2) proposing legislation or such other actions as may be necessary
to remove such barriers; and, be it
Further Resolved, That the Joint Legislative Committee on
Economic Freedom shall identify any law or regulation, in whole or
in part, that precludes or discourages:
(1) Entry into or operation of any commercial business for any reason other than legitimate health and safety regulation, whether
through licensing, franchising, or other regulatory or legal
mechanism; or
(2) Operation of public services by entrepreneurs, whether
without subsidy or under competitive contract, consistent with
legitimate public objectives. Legitimate public objectives shall
mean the interests of the population at large and the interests of
the users of the corresponding public services, and shall exclude
the interest of any group smaller than the population at large,
other than users; and, be it
Further Resolved, That the Joint Legislative Committee on
Economic Freedom shall identify as legal or regulatory barriers any
practice or activity of any business or occupational licensing
board or authority that exceeds the requirements of public health
and safety; and, be it
Further Resolved, That the Joint Legislative Committee on
Economic Freedom shall identify as legal or regulatory barriers any
legal or regulatory obligation to pay more, in wages or benefits,
than the standard federal minimum wage, and any other labor or work
rule legal or regulatory requirement that does not apply
universally to all public and private employers in the particular
business sector; and, be it
Further Resolved, That the Joint Legislative Committee on
Economic Freedom shall propose the most effective means of removing all identified legal and regulatory barriers to entrepreneurship
and private investment; and, be it
Further Resolved, That in its deliberations, the Joint
Legislative Committee on Economic Freedom shall give priority
consideration to business sectors with lower private investment
requirements and business sectors anticipated to provide the
greatest opportunity for expansion of entrepreneurship and private
investment in low income communities; and, be it
Further Resolved, That the Joint Legislative Committee on
Economic Freedom shall report to the Legislature no later than
March 1, 2010, listing and describing the legal and regulatory
barriers identified and the required corrective mechanisms.