H. B. 2313
(By Delegates Jenkins, Pettit, Kelley, Ashley,
Greear, Johnson and Mezzatesta)
[Introduced February 1, 1995; referred to the
Committee on Government Organization then Finance.]
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
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
ARTICLE 2E. JOBS IMPACT STATEMENT.
§5B-2E-1. Short title.
This act shall be known and may be cited as the "Jobs Impact
§5B-2E-2. Declaration of legislative findings and purpose.
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 the economy and employment in the state of West
§5B-2E-3. Written request.
Upon written request by the governor, the presiding officer
of either house of the Legislature, or the finance chairman or
judiciary chairman of either house of the Legislature, any
proposed legislation shall be reviewed by the West Virginia
development office, which shall prepare a jobs impact statement
in respect of such legislation in accordance with this article.
In preparing a jobs impact statement, the director of the West Virginia development office may in his or her sole discretion,
seek assistance, input or data from any organization which may in
the judgment of the director facilitate the compilation of
information contemplated under section four of this article.
Such facilitating organization or organizations may include, but
shall not be limited to, any public, quasi-public, nonprofit,
legislative or executive organization, body, agency or entity.
The West Virginia development office shall return a jobs
impact statement not later than twenty days after receipt of a
request contemplated by this article. No final action may be
taken by either house of the Legislature on any bill in respect
of which a request for a jobs impact statement has been made
pursuant to this article, prior to preparation and distribution
of such jobs impact statement pursuant to sections four and five
of this article.
§5B-2E-4. Jobs impact statement; contents.
(a) General rule. The jobs impact statement shall use
generally accepted methodology, shall detail both short-term and
long-term job effects of the proposed legislation and shall
include the following information where appropriate:
(1) A determination of the probable result of the
legislation in terms of the number of West Virginia jobs which
will be created, enhanced, retained or eliminated;
(2) A statement of the probable net impact of the
legislation on employment levels and employment patterns in West
(3) A determination of the relative impact of the
legislation on firms of differing sizes;
(4) A determination of the effect of the legislation on the
tax base of West Virginia;
(5) A determination of the effect of the legislation on the
cost of living;
(6) A description of any increase or decrease in costs to
West Virginia and its political subdivisions, including revenues
that may be lost because of the legislation and the estimated
dollar measure of the costs;
(7) An analysis as to the jobs impact of the legislation
upon all persons substantially affected by it, including an
analysis containing a description as to which persons will bear
the costs of the action and which persons will benefit directly and indirectly from the action.
(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.
A jobs impact statement requested under section three of
this article shall be made available to the governor and each
member of the Legislature at the time it is released.
NOTE: The purpose of this bill is to require a jobs impact
statement to be completed for certain proposed legislation.
§5B-2E is new; therefore, strike-throughs and underscoring
have been omitted.