that cap is per plaintiff and per occurrence on personal injury and wrongful death claims. For an employer defendant to take advantage of the cap, it must have liability insurance in the amount of at least $3 million dollars. The cap would also not apply in certain circumstances where, at the time of the incident, the operator of the commercial motor vehicle (1) was under the influence of drugs or alcohol; (2) subsequently refused to submit to a breathalyzer exam per West Virginia law; (3) was driving in excess of the hours permitted under state/federal law; (4) was engaging in reckless driving; (5) was operating an overloaded vehicle; or (6) was engaged in distracted driving. There is an indexing provision for the cap, which is similar to medical malpractice caps. Specifically, the cap would be adjusted upward annually using the consumer price index, but it could not exceed 150% of the original $5 million dollar figure. The section is effective on July 1, 2024, and only applies to claims arising after that date. SB 841 provides stability for businesses on their unemployment taxes. Following the Unemployment Insurance Trust Fund growing above a $220 million balance (to a current of approximately $380-$400 million), triggers were activated which allowed both the benefits and taxes to rise and fall based on the change in the state’s average annual wage. Projections showed significant tax increases in the near future for businesses, and the legislature passed SB 841 to freeze the program at current levels. The business community strongly and successfully advocated to keep the wage base at its current level of $9,500 rather than a higher amount. HB 5338 addresses a critical need in today’s digital landscape. With cyber threats becoming increasingly sophisticated and prevalent, dealerships must prioritize cybersecurity measures to protect customer data. This bill aims to incentivize businesses to implement effective cybersecurity measures by offering them a safe harbor from legal action in the event of a data breach, provided they have implemented and maintained a cybersecurity program. SB 850 brings more transparency to commercial litigation by requiring the disclosure of who is financing litigation behind the scenes. Current law provides this transparency to consumer cases, and SB 850 extends the bill to commercial cases. Also, after a potential $465 million federal claw back of pandemic-era funds for education was thrown into this year’s budgeting process, legislative leaders passed a slimmed-down budget to serve as a placeholder until lawmakers return to Charleston for a special session planned for May. As always, thank you for your continued support. Jared Wyrick WVADA President On Wednesday, March 20, WVADA held a fundraiser for Governor Justice for his U.S. Senate bid. We had a great turnout and greatly appreciate your support. Governor Justice has been a great supporter of our industry, and I encourage each of you to support his campaign for the U.S. Senate. Scan the QR Code to support Governor Justice with an online contribution. https://secure.winred.com/jim-justice-for-ussenate/website?sc=20230427_JJUSTICE_WEB_ WEB_WEBSITE_PROC&utm_source=web&utm_ medium=proc&utm_campaign=website WVADA News 7
RkJQdWJsaXNoZXIy MTg3NDExNQ==