COMMITTEE SUBSTITUTE
FOR
H. B. 2199
(By Delegates Jenkins, Pettit, Thompson,
Kelley, Walters and Frederick)
(Originating in the Committee on Finance)
[February 20, 1998]
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
proposed legislation; requiring that requests be submitted
to the West Virginia university bureau of business and
economic research or the Marshall university center for
business and economic research; specifying the contents of
the jobs impact statement; requiring certain findings for
omitted information; providing that the lack of a jobs
impact statement is not to affect the consideration or
validity of legislation; and requiring that the jobs impact
statement be available to members of the Legislature and the
public.
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
as follows:
ARTICLE 2E. JOBS IMPACT STATEMENT.
§5B-2E-1. Short title.
This article may be cited as the "Jobs Impact Statement
Act."
§5B-2E-2. Legislative findings.
The Legislature finds that, in order to maintain and create
an economic climate that 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 employment in the state.
§5B-2E-3. Persons empowered to request jobs impact statement;
preparation by West Virginia development offices; time limitations.
Upon written request by the presiding officer of either house
of the Legislature, proposed legislation that has an impact on
the state's economy shall be reviewed by either the West Virginia
university bureau of business and economic research or the
Marshall university center for business and economic research.
The reviewing institution shall prepare a jobs impact statement
and return the same to the requesting party within twenty days of
the date of the original request. The request shall be accompanied by ten copies of the proposed legislation.
In preparing a jobs impact statement, the director of the
designated reviewing institution may seek assistance or data
from, or contract with, any organization or state agency to
facilitate the compilation of the jobs impact statement. Any
state agency shall provide requested information within ten days
from the date of the request.
§5B-2E-4. Contents of the jobs impact statement; explanations
required for omissions.
(a) General rule. -- The jobs impact statement, using
generally accepted methodology, shall detail both short-term and
long-term job effects of the proposed legislation and shall
include, but is not limited to, the following information:
(1) A determination of the probable result of the legislation
in terms of the number of West Virginia jobs that will be
created, retained or eliminated;
(2) A statement of the probable net impact of the legislation
on employment levels and employment patterns in West Virginia;
and
(3) A determination of the relative impact on the number of
West Virginia jobs by broad industrial sector (two-digit standard
industrial classification).
(b) Omission. -- A jobs impact statement that omits any
information required by subsection (a) of this section shall
specifically note the omission, the reason for the omission, the
importance of the omitted information to a complete and realistic assessment of the economic impact of the legislation and the
additional time required to obtain any information needed for the
completed jobs impact statement.
§5B-2E-5. Lack of jobs impact statement not to affect
consideration or validity of legislation.
If a jobs impact statement cannot be prepared within the
statutory time frame, the director of the reviewing institution
shall provide written notification to the requesting party. The
unavailability of a jobs impact statement may not affect the
validity of legislation subsequently enacted nor shall the
unavailability restrict consideration of pending legislation. No
provision of this article shall be deemed to alter, amend or
invalidate any rule of the Senate, rule of the House of Delegates
or joint rule of the Senate and House of Delegates.
§5B-2E-6. Availability of copies of jobs impact statements.
The director of the institution will provide one copy of a
jobs impact statement requested under section three of this
article to the presiding officers of both houses of the
Legislature, who shall make the statement available to all
members of the respective house. Copies of the statement shall
be made available to the public at the office of the clerk of the
respective houses of the Legislature.