Spring 2018

www.wvfa.org Spring 2018 |  West Virginia Forestry Association Mountain State Forestry 27 Inventory Tax Bill AT THIS WRITING, the Legislative Session is still underway with Members of the WV Senate having introduced SJR 9 , the first step in passing a constitutional amendment to do away with business property taxes on inventory, machinery, and equipment. Gov. Jim Justice called for removing the equipment and inventory tax during his State of the State address, and removing the tax is one of the top priorities of Senate President Mitch Carmichael, R-Jackson and House Speaker Tim Armstead, R-Kanawha. According to state Commerce Secretary Woody Thrasher, the equipment and inventory taxes are one of the biggest roadblocks to attracting manufacturers to the Mountain State.  L E G I S L AT I O N Civil Justice Bills In Legislature February 27, 2018 ƒ ƒ Medical Liability: HB4218 would clarify that the certificate of merit for lawsuits must be signed by someone in the same medical specialty as the alleged malpractice. It is on 2nd reading in the House on Monday. ƒ ƒ Budget: SJR3 would put a constitutional amendment before voters to place the West Virginia Supreme Court of Appeals budget in the Legislature's hands. It passed the Senate and now is in House Finance. ƒ ƒ Venue: HB2028 relates to the venue for suits and other actions against the state and is pending in Senate Judiciary; HB4013 clarifies venue as it relates to nonresidents and has passed both houses but the House still needs to concur with Senate changes for the bill to complete legislative action. ƒ ƒ Appeals: HB4005 creates an appeal as a matter of right. It passed the House and is pending in Senate Judiciary. SB341 would create an intermediate appellate court with two districts— northern and southern—that each would be overseen by three judges. It is pending in House Judiciary. ƒ ƒ Loser Pays: Senate Bill 60 would have provided compensation and fee reimbursement to victims of abusive lawsuits, but given the complexity of the concept, it likely will be referred to a study during interims. 