2008 LEGISLATIVE SESSION

The sixty day session for the 2008 Legislature concluded on March 8, 2008. Below are some notable bills that were passed during the session and approved by Governor Manchin. Please note the following summaries for informational purposes only. The full text version of the bills can be viewed at : http://www.legis.state.wv.us

BUSINESS ENTITIES

Senate Bill 340 Consumer Personal Information– relates to a breach of security of a company’s consumer database of a consumer’s personal information.  Any entity that suffers a breach of computerized consumer information must give notification of such breach of the security system to any resident of this state whose unencrypted and unredacted personal information was or is reasonably believed to have been accessed and acquired by an unauthorized person.  The Attorney General will have exclusive authority to bring action against any violation of this article.  There will be no civil penalty in an action unless the court finds that the defendant has engaged in repeated and willful violations of this article.
Effective June 7, 2008

House Bill 4018 West Virginia Small Business Linked Deposit Program – renewed the West Virginia Small Business Linked Deposit Program for small, for-profit employers with less than fifty employees and gross annual receipts of five million dollars or less.  Loan interest rates are three percent less than current market interest rates up to $250,000.  This loan is to retain existing jobs or create new ones and the program will continue until 2013.
Effective March 9, 2008

House Bill 4418 Hospital Reporting System of Infection Rates – establishes a state wide reporting system for hospitals to report infection rates, establishes a panel, and outlines the panel’s responsibilities and limitations on use of this information.  It also provides an implementation date for hospital reporting and penalties for noncompliance.
Effective June 3, 2008

TAXATION

Senate Bill 565 Notice of Assessment to Taxpayers – requires that notice be given to the taxpayer if the assessor determines there was an increase of $1,000 or more in the assessed valuation of real property.
Effective March 7, 2008

House Bill 3201 Taxation – relates to the procedure, assessment, collection, efficient administration, and technical advancements for certain taxes.  It requires electronic filing of tax returns when the taxpayer meets a certain threshold amount of taxes due.  It prohibits filing incomplete business registration forms, returns for consumer sales forms, and service tax and use tax.  Authorizing the Tax Commissioner to refuse, revoke, suspend or refuse to renew a business registration certificate for a business that is the alter ego, nominee or instrumentality of a business in certain situation.
Effective March 9, 2008

House Bill 4420 Corporate Net Income Tax Imposed on Real Estate Investments and Regulated Investment Companies – provides the manner in which the corporate net income tax is to be imposed on certain real estate investments trusts and regulated investment companies used as tax sheltering vehicles.  Most paid dividend deductions shall be added back in when computing the tax imposed by this article, but there are some exceptions.
Effective January 1, 2009

House Bill 4628 Tax Credit for Hire of New Employees – provides a tax credit for new job creation by certain taxpayers who hire new employees.  These new hires must be paid at least $32,000 annually, provided with health insurance, and are in a full time permanent position.  Credit under this section is allowed in the amount of $3,000 per year, per new job created and filled by a new employee for a period of five consecutive years beginning in the tax year when the new employee is first hired.
Effective January 1, 2009

WORKERS’ COMPENSATION

House Bill 4381 Privatizing Workers’ Compensation – establishes a workers’ compensation residual risk pool and a guaranty association account for workers’ compensation insurance.  It also provides that limits on benefits payable by the guaranty association are not applicable to obligations arising out of workers’ compensation insurance.  This article eliminates the requirements that private carriers maintain an office in this state and modifies standards for paying duplicate claims.  These are two more steps to the road to privatize West Virginia’s workers’ compensation system.
Effective March 8, 2008

House Bill 4636 – Workers’ Compensation Insurance

This article prohibits awarding public contracts to vendors which owe a debt to the state or are in workers’ compensation default.  Every private carrier must notify the Insurance Commissioner regarding issuance or renewal of coverage status. 

All employers shall purchase workers’ compensation insurance unless permitted to self-insure their obligations and they must post a notice upon its premises identifying it workers’ compensation insurer.  It also establishes criteria for providing employers the option of allowing employees, following an injury, to return to work on a trial basis and for the suspension of temporary total benefits during a period of trial return to work.

This article also gives notice by commission or self-insured employer of decision, procedures on claims, objections, and hearing.
Effective March 9, 2008

CIVIL/CRIMINAL LITIGATION

Senate Bill 238 Increasing Monetary Limit to file in Circuit Court – increases the monetary jurisdictional amount for removal of a civil suit from magistrate court to circuit court from $300 to $2,500.  It also increases the monetary jurisdictional amount to file a civil suit in circuit court and clarifies original and general jurisdiction of circuit courts. 
Effective June 5, 2008

Senate Bill 291 Additional Circuit Court Judge – Provides for an additional circuit court judges to Pendleton, Hardy, Hampshire, Mercer, and Wayne County.
Effective June 6, 2008

Senate Bill 311 Summoning of Jurors – Authorizes judges, in certain cases, to order jurors be drawn from another county or counties.  It also provides the content of court orders directing the summoning of jurors and how these jurors shall be compensated.
Effective on June 5, 2008

House Bill 4019 Venue of Civil Action – relates to the venue of civil actions filed in the courts of the state, authorizing the court to stay or dismiss a case based on the common law doctrine of forum non conveniens (convenience of both parties).
Effective June 5, 2008

House Bill 4120 Recovering Damages for Personal Injury or Wrongful Death – prohibits the inclusion of specific dollar amounts or figures related in a civil action complaint to recover damages for personal injury or wrongful death.  The complaint may state the amount in controversy to satisfy the minimum jurisdictional amount established for filing the action and any party defendant may at any time request the amount of damages being sought.
Effective June 5, 2008

Senate Bill 145 Deadly Force Bill – permits a lawful occupant within a home or other place of residence to use reasonable and proportionate force to protect one’s self or another from an intruder or attacker or to prevent a forcible entry into the home or residence.  Deadly force may be used against an intruder or attacker where a person reasonable believes the intruder or attacker intends to kill or inflict serious bodily harm.  This is a full and complete defense to a civil action brought by an intruder or attacker, with some exceptions.
Effective February 28, 2008

MISCELLANEOUS

House Bill 4438 Environmental Protection – makes changes to the Rule 13/Minor Source Air Permitting program.  This initiative will help speed the permitting process for many West Virginia facilities and help make our state more competitive for industry.
Effective June 7, 2008

House Bill 4524 Ethical Standards of Public Officers, Public Employees and Lobbyists – outlines the ethical use of public office for private gain, gifts, interest in public contracts, confidential information, prohibited representation, and limitation on practice before a board, agency, commission or department.  A public employee is any employee of a state, county or municipal governmental body.  It also creates a West Virginia Ethics Commission and provides their powers and duties.
Effective March 9, 2008