Pub 2 2021 Issue 1

Issue 1 2021 7 WVADA S.B. 277 – Creating COVID-19 Jobs Protection Act (completed legislative action – signed by Governor) This bill will prohibit civil actions for any loss, damages, personal injury or death arising from COVID-19 against any individual or entity. However, the bill does not preclude an employee from filing a claim for workers’ compensation benefits, nor does it preclude a product liability claim wherein it is shown there was actual malice, actual knowledge of a defect or conscious, reckless, and outrageous indifference to a substantial and unnecessary risk that the product would cause serious injury to others. It also expressly does not affect rights or obligations under a contract. S.B. 533 – Relating to Allowable Limits of Business and Occupation Taxes Imposed on Sale of Automobiles (died in Senate Finance Committee) The Senate Finance Committee considered this bill. There are 17 members on the Senate Finance Committee, 11 Republicans and six Democrats. All Democrats voted against the bill, and four Republicans crossed over and joined the Dems. While we lost the bill in committee this year, I truly believe that we are making progress on this issue. A bill was drafted, introduced by the Senate Finance Chairman, and the bill made an agenda where a positive discussion took place. This issue is now being turned into a study resolution that will take place throughout the upcoming months. I have spoken to several dealers about this issue, and we will continue to pursue relief for those dealers affected by B&O taxes. Once the session is finished, I plan to create a B&O task force made up of dealers and mayors to work together on this issue. A special thank you to Joey Holland, Joe Holland Chevrolet and Imports, for taking the time to testify before the Senate Caucus and the Senate Finance Committee. Joey did an exceptional job, and WVADA greatly appreciates his time and willingness to address this issue on behalf of all WV dealers who face this unfair, regressive tax. IN FAVOR OF THE BILL OPPOSED THE BILL Senator Boley R Senator Baldwin D Senator Clements R Senator Ihlenfeld D Senator Hamilton R Senator Jeffries D Senator Martin R Senator Maroney R Senator Swope R Senator Nelson R Senator Sypolt - Vice Chair R Senator Plymale D Senator Tarr – Chair R Senator Roberts R Senator Stollings D Senator Takubo R Senator Unger D Roll Call for S.B. 533 S.B. 626 – Updating Regulation for Purchase of Automobile Catalytic Converters (Completed Legislative action – pending Governor’s signature) WVADA worked this bill in conjunction with the WV Sheriffs Association. Catalytic converter thefts are becoming more and more prevalent throughout WV. This bill requires a scrap metal dealer to obtain a valid driver’s license or ID card, a thumbprint, and written documentation reflecting that the seller is authorized to possess and sell a catalytic converter. This bill adds a new section that makes it a misdemeanor for any person possessing a catalytic converter, which had previously been installed on a motor vehicle, without proof of ownership. If convicted that person would be guilty of a misdemeanor, confined in jail for up to 12 months, and would be fined up to $1,000 for each catalytic convertor A special thank you to Joey Holland, Joe Holland Chevrolet and Imports, for taking the time to testify before the Senate Caucus and the Senate Finance Committee. continued on the next page Delegate Johnnie Wamsley, (R-Mason, 14) & Delegate Zack Maynard (R-Lincoln, 22) take a test drive in a 2019 Shelby F-150 during the week- ly WVADA reception.