01/09/2008
CONTACT: John Hodges, 304-345-4535 or Mike Diegel, 202-314-2004
CHARLESTON, W.Va. -- Members of the National Federation of Independent Business, the state's leading small-business association, overwhelmingly support measures to limit governments' ability to tax businesses, as well as punishing attorneys who file frivolous lawsuits, according to the results of the 2008 NFIB Member Ballot released as the governor prepares to deliver his State of the State speech.
"Unlike other business organizations, NFIB's public policy positions are based on member input, and the Member Ballot is a key part of the process," said John Hodges, state director for NFIB/West Virginia. "We count on hearing from our members on a number of critical small-business issues and then we take that message to policymakers."
A law passed in 2007 will enable local governments to engage in a pilot project to test home rule taxation. Up to five municipalities or metro governments will be able to piggyback on those taxes imposed by the state after approval by a review board. Public hearings will be held on proposed plans under this pilot project. Present law permits cities to collect only the business and occupation tax; they lack the authority to impose other taxes, such as personal income, profits, excise or license taxes.
When asked if municipalities should have the right to impose the same taxes as the state, 90.2 percent said "no" while 5.7 percent said "yes." Slightly more than 3 percent were undecided.
At the same time, 84.4 percent of respondents agreed that the Legislature should ask voters to approve an amendment to the state constitution that would require a three-fifths majority vote in both houses to enact new or increased taxes, while 7.4 percent opposed the idea and 6.6 percent were undecided.
Frivolous lawsuits create a climate of fear for small businesses that can be forced to defend themselves at great cost. When asked if state judges should be given the right to award attorneys' fees and otherwise sanction a party who files a frivolous or unwarranted lawsuit, 81.1 percent of NFIB members said "yes." Slightly more than 15 percent disagreed with the idea, while 3.3 percent were undecided.
In other results, 82.8 percent of respondents said that state public employees should not be given collective bargaining rights, and 73.8 percent oppose a mandatory 10 cent deposit on all bottles and cans sold in the state.
"Since the data clearly shows that small businesses are creating the majority of the country's new jobs and are driving economic growth, our message to the governor and the Legislature is that we must be sure that any action taken this session considers the needs of the small-business people who make America work," said Hodges.

