Senate Bill No. 39
(By Senators Jenkins, Stollings, Kessler (Mr. President), Sypolt,
McCabe, Williams, Cole and Carmichael)
[Introduced February 13, 2013; referred to the Committee on
Economic Development; and then to the Committee on Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §5B-2I-1, §5B-2I-2,
§5B-2I-3, §5B-2I-4, §5B-2I-5 and §5B-2I-6, all relating to
creating the Jobs Impact Statement Act; requiring a jobs
impact statement for certain proposed legislation; making
legislative findings; setting forth the contents of a jobs
impact statement; and availability of the statements.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §5B-2I-1, §5B-2I-2,
§5B-2I-3, §5B-2I-4, §5B-2I-5 and §5B-2I-6, all to read as follows:
ARTICLE 2I. JOBS IMPACT STATEMENT.
§5B-2I-1. Short title.
This article may be cited as the "Jobs Impact Statement Act."
§5B-2I-2. Legislative findings.
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
employment opportunities for as many citizens as possible, it is
important to understand the jobs impact of Legislature acts. The
Legislature further finds that without appropriate information it
may enact legislation that would adversely affect employment in the
§5B-2I-3. Persons empowered to request jobs impact statement;
preparation by West Virginia Development Office;
Upon written request by the Governor or the presiding officer
of either house of the Legislature, proposed legislation which has
an impact on the state's economy shall be reviewed by the West
Virginia Development Office, which shall prepare a jobs impact
statement. The request shall be accompanied by ten copies of the
proposed legislation. In preparing a jobs impact statement, the
Director of the West Virginia Development Office may seek
assistance or data from, or contract with, any organization or
state agency which may facilitate the compilation of the jobs impact statement. Any state agency shall provide requested
information within ten days from the date of the request.
The West Virginia Development Office shall return a jobs
impact statement to the requesting party within twenty days of the
date of the original request.
§5B-2I-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 which 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
(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.
§5B-2I-5. Lack of jobs impact statement not to affect consideration
or validity of legislation.
If, in the opinion of the Director of the West Virginia
Development Office, a jobs impact statement cannot be prepared
within the statutory time frame, the unavailability of a jobs
impact statement does not affect the validity of legislation which
is enacted nor does the unavailability restrict consideration of
pending legislation. No provision of this article alters, amends
or invalidates any rule of the Senate, rule of the House of
Delegates or joint rule of the Senate and House of Delegates.
§5B-2I-6. Availability of copies of jobs impact statements.
One copy of a jobs impact statement requested under section
three of this article shall be made available to the Governor and
the presiding officers of both houses of the Legislature, who shall
distribute the statement 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
NOTE: The purpose of this bill is to require a jobs impact statement to be completed by the West Virginia Development Office
for certain proposed legislation which may impact both short-term
and long-term jobs in this state. The bill creates the Jobs Impact
Statement Act. The bill makes legislative findings. The bill also
sets forth the contents of a jobs impact statement and the
availability of the statements.
This article is new; therefore, strike-throughs and
underscoring have been omitted.