Out Of Step Issues

LINKS

table)


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.

 

West Virginia Chamber of Commerce
P.O. Box 2789, Charleston, W.Va.  25301    (304) 342-1115
Copyright 2006