Progress continues on correcting
several key issues
in order to Restore Balance and grow jobs
in West Virginia. (Click
to read the W.Va. Chamber's priority issues for 2008.)
Frivolous Lawsuits
- West
Virginia is known as one of the "Tort Hell"
states in this country because of its higher than average rate
of frivolous lawsuits. Companies don't want to locate jobs or
have operations in a state where they may face the expenses,
hassle and potential liability from frivolous claims and
pro-lawsuit judges.
Civil Justice - West
Virginia has taken the first steps in addressing civil justice reform.
During the 2005 and 2006 sessions Governor Manchin and lawmakers passed
several meaningful reform bills, including eliminating
third-party suits against insurance companies and clarifying
grounds for a deliberate intent suit. Additional reforms
still must be passed to bring West Virginia into step with the rest of the nation. These include removing
collateral source restrictions, limiting punitive damages, and placing higher limitations on joint and several liability.
Business Taxes -
West Virginia has taken some initial steps to lower its
business tax burden. The state has one of the highest business tax rates for
its Corporate Net Income Tax, and is one of only a handful of states that also
imposes a Business Franchise Tax.
Workers' Compensation -
West Virginia is putting into place a long-term solution to
Workers' Comp that will ensure financial stability of this
program and eventually privatize it. This is desperately needed
because West Virginia’s Workers’ Compensation costs per worker are highest
in the United States. Only California comes close, and their
costs are about half of what the average West Virginia employer
faces.
Unemployment
Compensation -- West Virginia’s unemployment
compensation program has many "out of
step" factors that need to be addressed.
Environmental Policies
- Compared to other states, West Virginia's environmental
regulatory program is considered cumbersome. Employers report
getting environmental permits in West Virginia take longer than
in other states, and the state has several
policies that are more restrictive than surrounding areas.
Insurance - West
Virginia is continuing to enact much needed reforms in its
insurance laws so that these are in step with the nation.
Reforms enacted in 2004 and 2005 have helped to re-open the
state's insurance marketplace, provide more coverage options and
lead to lower overall insurance costs for businesses, homeowners
and auto owners. To date, these reforms have resulted in
insurance premium reductions of nearly $100 million.
Judicial
Selection - West Virginia
trails most of the nation in reforming its judiciary, as 43
other states have taken politics out of the process used to
select justices for their states’ highest courts.
Educational
Achievement - West Virginia needs
to increase its educational achievement rates up to or above the
national averages. Our students do not have the level of
education needed for today's job environment. Worse still,
our state's level of continued training and skill enhancement
are below other states. Business
and industry want to locate and expand operations based on an
educated, skilled workforce.