HB 5390
Establishing fiscal notes submitted to the Legislature constitute sworn testimony
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill makes fiscal notes submitted to the West Virginia Legislature considered as sworn testimony. It establishes criminal penalties for intentionally providing false or misleading fiscal notes and requires that any violations be referred for prosecution. The bill also creates a ‘safe harbor’ for fiscal notes that are corrected promptly and in good faith, protecting those who make honest errors.
Key provisions
- Fiscal notes are now considered sworn testimony.
- Criminal penalties are imposed for knowingly false or misleading fiscal notes.
- Violations must be referred to the appropriate prosecuting authority.
- A ‘safe harbor’ exists for timely corrections made in good faith.
- State agencies and officials can voluntarily correct fiscal notes.
- Corrected notes must clearly identify changes and explain the reason.
- The bill applies to fiscal notes submitted on or after its effective date.
- Liability requires proof of knowing intent to mislead the Legislature.
Who is affected
- State agencies
- Political subdivisions
- Public officials
- Employees of the state government
- Legislators
Notable changes
- Previously, fiscal notes were not considered legally binding testimony.
- The bill introduces criminal penalties for intentionally false fiscal notes, a new element.
Sponsors
Official sponsors from legislative records.
Primary sponsor
G. Howell
Cosponsors
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