Establishing fiscal notes submitted to the Legislature constitute sworn testimony
Impact
The enactment of HB 5390 will amend existing law by making it a criminal offense to submit intentionally misleading fiscal notes, with violators subject to perjury charges. This change is expected to enhance the accountability of state agencies, officials, and employees in their financial projections related to legislative proposals. Furthermore, the bill allows for corrections to submitted fiscal notes, promoting transparency and encouraging good faith revisions without fear of penalty, provided those corrections are made promptly and genuinely.
Summary
House Bill 5390 aims to strengthen the accuracy and integrity of fiscal notes that are submitted to the West Virginia Legislature by establishing that these notes will be considered sworn testimony. This measure emphasizes the importance of honest and clear financial projections as lawmakers evaluate proposed legislation. The bill introduces criminal penalties for individuals who knowingly submit false or misleading fiscal information, ensuring that legislative decisions are made based on reliable financial data.
Sentiment
There are mixed sentiments surrounding HB 5390. Supporters laud the bill for promoting transparency and ensuring that fiscal notes are prepared diligently. They argue that this is crucial for upholding the credibility of the legislative process and making informed legislative decisions. However, concerns have been voiced regarding the potential chilling effect the threat of criminal penalties may have on fiscal officers, and whether this could lead to overly cautious submission practices that hinder necessary disclosures.
Contention
Notable points of contention include debates over the scope of what constitutes 'knowingly' false or misleading information, with critics suggesting that the definition may be interpreted too broadly, leading to potential misuse of the law against public officials. The bill's provisions for a 'safe harbor' for those acting in good faith provide some reassurance but have also raised questions about ensuring unbiased oversight in the review process, especially in cases of inadvertent errors versus intentional misconduct.
Urging Congress call a convention of the states, under the authority reserved to the states in Article V of the United States Constitution, limited to proposing Amendments to the Constitution of the United States to create fiscal responsibility by and within the federal government.