West Virginia HB5390: Establishing fiscal notes submitted to the Legislature constitute sworn testimony

What the bill says

To amend the Code of West Virginia, 1931, as amended, by adding two new sections, designated §4-2-10a, and §4-2-10b, relating to fiscal notes, establishing that fiscal notes submitted to the Legislature constitute sworn testimony, imposing criminal penalties for knowingly false or materially misleading fiscal notes, requiring referral for prosecution, and creating a safe harbor for those fiscal notes submitted and made in good faith. §4-2-10a. Fiscal notes deemed sworn testimony; penalties for intentional falsification. (a) Legislative findings. The Legislature finds that fiscal notes a.

From the introduced text, February 10, 2026:

A BILL to amend the Code of West Virginia, 1931, as amended, by adding two new sections, designated §4-2-10a, and §4-2-10b, relating to fiscal notes, establishing that fiscal notes submitted to the Legislature constitute sworn testimony, imposing criminal penalties for knowingly false or materially misleading fiscal notes, requiring referral for prosecution, and creating a safe harbor for those fiscal notes submitted and made in good faith. §4-2-10a. Fiscal notes deemed sworn testimony; penalties for intentional falsification. (a) Legislative findings. The Legislature finds that fiscal notes are relied upon by legislators in evaluating the financial impact of proposed legislation and materially influence legislative decision making. The accuracy and good-faith preparation of fiscal notes are essential to the integrity of the legislative process. (b) Fiscal notes deemed sworn testimony. Any fiscal note, fiscal estimate, cost projection, or financial impact statement submitted to the Legislature or any of its committees by a state agency, political subdivision, public official, or employee in connection with proposed legislation shall be deemed sworn testimony for purposes of the legislative process. (c) Prohibited conduct. A person commits a violation of this section if the person knowingly and intentionally prepares, submits, or causes to be submitted a fiscal note that contains false information or materially misleading information, including but not limited to the intentional omission of known costs, intentional …

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