West Virginia State Victories
The following NFIB victories will make a real difference for your business.
Recent NFIB/West Virginia victories:
Passed eminent domain law to protect property rights
NFIB/West Virginia helped pass eminent domain legislation that will place limitations on the use of eminent domain and tighten standards that determine what constitutes a blighted area. Under this bill, private property may not be condemned for private retail, office, commercial, industrial or residential use or development, or for the enhancement of tax revenue. Because small businesses were especially at risk for abusive eminent domain takings, this new law is a huge victory in the fight to protect the property of small-business owners.
Enacted employer immunity legislation to protect employers
NFIB successfully fought for a bill that enables an employer to give an accurate portrayal of an employee's job performance. In the past, the fear of litigation prevented many employers from giving out any information beyond employment dates and salary earned. Under the new law, it is presumed that employers who disclose work-related information about a former or current employee are acting in good faith and are immune from liability.
Supported reclassification of real property, reducing the tax burden on those owning multiple properties
NFIB/West Virginia supported a law which reclassifies second homes for the purpose of property taxes. Under a change made to property classifications, any person who owns a second home will be taxed at the same rate as their primary home, provided the second home is not used for commercial purposes. Previous law allowed for the tax rate of a class III commercial class rate even if the second property was a vacation home or hunting shack. For those with second homes, their tax savings on second homes will be about fifty percent.
Supported affordable health-care options for those without coverage
NFIB supported legislation that will give low-cost alternatives for health-care coverage. This law may help alleviate the burden on many employers who simply cannot afford to provide health-care coverage to their employees. The new law authorizes the Health Care Authority and the State Insurance Commission to establish a pilot project that provides basic, preventative health-care coverage for a relatively low monthly fee. Sick visits, x-rays, lab tests and check-ups will be performed at up to 24 locations throughout the state.
Supported third-party bad faith bill
Lawsuits that contend the other guy's insurance company did not handle a claim fairly have been eliminated. Disgruntled claimants will be able to go to the West Virginia Insurance Commissioner's consumer advocate to seek remedy without going through a court of law to settle disputes. This change to the law should reduce automobile premiums in the state by $53 million, savings that will be monitored by the governor and the legislature.
Passed joint and several liability law
Under newly passed legislation, in order for a defendant to be jointly responsible for an award they must be found at least thirty percent at fault. Current law allowed for a defendant to be liable for the full award if they were just one percent at fault. Defendants who are less than thirty percent at fault will only be required to pay that percentage of the total award.
Passed deliberate intent employment law bill
Employees who wish to sue their employer for work-related injuries will have to prove their injuries resulted from the intentional or deliberate negligence of their employer. Deliberate intent laws have been enacted in the past only to be chipped away by the courts. We are hopeful that this newly passed legislation will withstand the West Virginia court system.
Supported cure offer for consumer grievances
Newly passed legislation will require a consumer to complain to a merchant or seller by certified mail. The seller of the product or service will be granted 20 days from receipt of the complaint to respond with a cure offer to the consumer. No court action may be filed against the business until after the cure offer process is completed and only if the cure offer is rejected by the consumer or the remedy is not delivered to the complainant in a timely manner.
Small-business health insurance legislation passed
A new health insurance plan for uninsured small businesses with 50 employees or less is expected to save companies 20-25 percent. The plan passed by the legislature will be administered by the Public Employees Insurance Agency with no cost to the taxpayers.
No penalty - tax amnesty legislation passed
The legislature approved a tax amnesty program that will provide a two-month period for payment of back taxes that halves the interest owed and waives penalties.
No increased tax measures
Despite the endorsement and introduction of legislation by Governor Bob Wise to increase taxes, the Legislature refused to pass ANY of his tax measures. NFIB/West Virginia lobbied against all tax increases during the session.
Limited mandatory overtime legislation
Legislation allowing employees to refuse to work more than 40 hours per week was passed by the legislature. NFIB/West Virginia lobbied successfully to limit the scope of the legislation to the health-care industry.
VICTORY: 2002 -- NFIB/West Virginia was successful in the passage of legislation that will provide for an independent board of taxpayers' appeals. This new law replaces the old system of appealing to the tax commissioner, and requires resolution of disputes within 90 days.
VICTORY: 2002 -- The governor's office and legislative leaders have been warning of a budget crunch for the upcoming year. NFIB will continue to support cuts in state spending over any new or increased taxes on the business community.
VICTORY: 2000 -- NFIB/West Virginia was instrumental in the passage of legislation alleviating the paperwork burden for some of the smallest business taxpayers. The law, which passed last legislative session, will enable small businesses that collect less than $250 a month in consumer sales and use taxes or withholding taxes to file quarterly rather than monthly returns.
