Roberts Seeks ‘Meaningful’ Reforms

By Mannix Porterfield
Register-Herald Reporter, January 3, 2007

One week before the 2007 legislative session starts, West Virginia Chamber of Commerce President Steve Roberts is plugging for more reforms in the civil justice system. Roberts made that one of seven planks the chamber says can maintain an economic resurgence in the state.

“The chamber’s seven solutions are ones that, if implemented, will advance West Virginia ’s economic competitiveness, improve the state’s business capacity and offer new employment opportunities to our citizens,” he said.

“This formula for success will help propel our state to new heights of prosperity and progress.”

Roberts appeared last month before the Joint Commission on Economic Development to defend a chamber television ad some members found negative and offensive.

In his seven-point agenda, Roberts didn’t specify the type of judicial reforms the chamber seeks.

Before the legislative panel in December interims, however, he spoke of punitive damages, consideration of collateral sources in jury awards and raising the percentage bar in joint-several liability from 30 to 50.

In that meeting, Delegate Richard Browning , D-Wyoming, reminded Roberts of waves of reforms within the past few years, including medical malpractice, workers’ compensation and general lines of insurance, including the more recent elimination of third-party bad faith lawsuits.

“ West Virginia must enact meaningful judicial reforms so employers can feel secure operating in this state under a fair and balanced legal system,” Roberts said Tuesday.

“ West Virginia needs to come in line with nearly every other state and enact fair reforms. A fair and just legal system is the hallmark of any progressive society.”

In line with that, he called for reforms to “stem the tidal wave” of asbestos and silica mass litigation, making sure the injured are diagnosed under established medical criteria and an attending physician.

“These reforms will help to unclog the system for those who are truly impaired or injured,” the chamber leader said.

Roberts also urged lawmakers to invest in more programs to provide employers with a trained and skilled workforce, reform the health care system to halt rising costs and streamline and simplify the process in getting environmental and regulatory permits.

Lawmakers also must strive to lower the cost of doing business in this state, he said, and the first step would be to keep trimming workers’ compensation costs.

“Even with the reforms and changes completed over the past several years, West Virginia ’s workers’ compensation costs, on a per employee basis, are still significantly higher than all other states,” Roberts said.

Roberts also urged elimination of the business franchise tax and inventory tax.

In a special session just days after the November general election, lawmakers approved Gov. Joe Manchin’s call to lower the franchise tax from .7 percent to .55, one of several tax reforms the administration advocated.

Basic infrastructure improvements from roads and utilities also should be a goal in the upcoming session, and it should also embrace new technology such as broadband and fiber connectivity, Roberts said.