NFIB

The 2007 legislative session ended at midnight, Saturday, March 10. Of the 2,035 bills introduced, 273 passed both houses of the Legislature. The following are bills of high interest to NFIB/West Virginia members.

Your action needed on franchise tax reduction
The Legislature passed S.B. 749, which would reduce the business franchise tax over a five-year period beginning in January 2009. The reduction would cut taxes by an estimated $75 million annually after the tax goes from its current 0.55 percent to 0.2 percent. Please encourage the governor to sign this bill that will help your business.

Venue-shopping reform passes Legislature
A bill to place restrictions on out-of-state lawsuits filed in West Virginia is on its way to the governor's desk. In response to the State Supreme Court's decision on Crown Equipment, the Legislature passed H.B. 2956. NFIB's Legal Foundation signed on to an amicus brief last year with other business organizations on this case without success. NFIB is hopeful passage of H.B. 2956 will successfully deal with this anti-business situation.
 
You may recall the Crown Equipment case involved a plaintiff that had been injured in Virginia while operating a forklift. He sued Crown Equipment, an Ohio corporation that manufactured the forklift, and a West Virginia company that distributed and serviced the forklift. The trial court dismissed the case on the ground that no substantial part of the acts at issue occurred in West Virginia. The West Virginia Supreme Court of Appeals reversed, Ruling the privileges and immunities clause of the U.S. Constitution forbids West Virginia from barring suit by the nonresident against the West Virginia distributor, even though the operative events occurred outside West Virginia. Judges reasoned a West Virginia resident would be allowed to bring suit in the state under the same facts. The court also ruled that, once venue is proper as to the nonresident plaintiff's claims against the West Virginia defendant, it is also proper for plaintiff's claims against the Ohio manufacturer, Crown Equipment, which was surely the target defendant in the case.

Other bills of interest

• H.B. 2019: Would make the use of permanent replacement workers an unfair labor practice in certain issues. Died without receiving committee consideration.
• H.B. 2113: Would change the amount a person can earn while receiving unemployment benefits. Died without receiving committee consideration.
• H.B. 2230: Would provide an employee the right to decline to work more than 40 hours in a workweek. Died without receiving committee consideration.
• H.B. 2310: Would extend unemployment compensation benefits when special circumstances exist. Died without receiving committee consideration.
• H.B. 2445: Would reduce and gradually eliminate the business franchise tax.  The House passed a Senate version of this bill, S.B. 749, which is awaiting the governor's signature.
• S.B. 19: Would require a jobs impact statement for certain proposed legislation. Died without receiving committee consideration.
• S.B. 70: Would provide penalties for employing unauthorized workers. The purpose of the bill is to provide criminal penalties and fines for employers who hire unauthorized workers and to revoke or suspend business licenses where the employer has been convicted of employing unauthorized workers. The bill was amended in committee and now states "if an employer knowingly hires unauthorized or illegal workers," which makes the bill more business-friendly. Passed the Legislature, awaiting governor's signature.
• S.B. 110: Relating to nonpartisan election of Supreme Court judges. Died without receiving committee consideration.
• S.B. 444: Would have raised the minimum wage for those workers who currently fall under the lower federal minimum wage and would have brought all workers in line with legislation passed in 2006 to raise the minimum wage incrementally. The bill passed out of the Senate Labor Committee but died when the Senate Finance Committee did not consider it.

U.S. House passes bad employer bill
On March 1, the U.S. House of Representatives passed H.R. 800, the so-called "Employee Free Choice Act" by a vote of 241-185. NFIB strongly opposed H.R. 800 because it would replace private-ballot union elections with an inferior "card check" system, which would allow a union to organize simply if a majority of workers sign a card. NFIB will continue to fight for small business and their right to private-ballot union elections and against "card check" legislation, and will be working hard to prevent H.R. 800 from passing the Senate. See how West Virginia lawmakers voted on H.R. 800. A "no" is a vote for small business.

NFIB's Stottlemyer talks fashion -- the business
NFIB President and CEO Todd Stottlemyer visited a fashion marketing class in McLean, Va., to show students how they can turn their passion for fashion into an actual business. The class Stottlemyer visited is participating in NFIB's Young Entrepreneur Foundation's Entrepreneur-in-the-Classroom program. Read more about the event and the YEF EITC program.

Eleven ways to save on health care without an act of Congress
NFIB is working hard to help small businesses like yours to access affordable health insurance -- both at the state and federal levels. But you don't have to wait for a law to pass to make inroads. Did you know there are proactive ways to make sure your business is operating efficiently in the health-care arena? Read "11 ways to save on health care without an act of Congress." The comprehensive article is a great resource to ensure you're doing as much as possible to keep costs down and employees around.

Why your involvement matters
Podcaster and author Jim Blasingame with the Small Business Advocate effectively articulates why it's important for small-business owners to "participate in small business policy-making, or take what you're given by those who can rightly assume that you don't care." Read Blasingame's complete commentary. Read more from his informative site at www.jbsba.com.

John Hodges
NFIB/West Virginia State Director
wvhodges@suddenlink.net