West Virginia 2024 Regular Session Status: Enacted 6 R cosponsors

SB 583 — Relating to employer liability and damages in civil actions involving commercial motor vehicles

Last action — Chapter 1, Acts, Regular Session, 2024

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 29, 2024. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    1 primary, 7 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (6 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

The recent amendment to SB 583 clarifies that certain regulations do not apply when a vehicle operator is legally using a permit specified in existing law. This change is significant because it ensures that drivers operating under a valid permit are not unduly penalized by general regulations, thereby supporting their legal operation and potentially reducing unnecessary legal complications. This clarification aims to create a more defined legal framework for handling commercial vehicle operations.

→
Previous
Latest
SB 583 S JUD AM #2-22Curia 7824The Committee on Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:ARTICLE 7.
SB583 H JUD AM #1Morgan 3345 The Committee on the Judiciary moved to amend the bill on page 2, section 32, line 36 after the word “regulations” by inserting the following language:“, not including when an operator or driver is legally operating the vehicle according to permit issued under §17C-17-11 of this code.”  Adopted 
ACTIONS FOR INJURIES.
§55-7-32.
Liability for employee negligence in actions involving commercial motor vehicles.(a) As used in this section:"Commercial motor vehicle" means as defined in §17E-1-3(7) (A), (B), and (D) of this code, and also includes a truck tractor, road tractor, trailer, semitrailer, and pole trailer as defined in §17A-1-1 of this code.
For purposes of this section, "commercial motor vehicle" does not include a vehicle serving as a common carrier of passengers, a commercial motor vehicle as defined in §17E-1-3(7)(C) of this code, a school bus as defined in §17E-1-3(33) of this code, or other vehicle that is primarily engaged in transporting passengers."Employer defendant" means (A) the owner of a commercial motor vehicle;
(B) the employer of the person operating a commercial motor vehicle;
or (C) any other person or entity that owns, leases, rents, or otherwise holds or exercises legal control over a commercial motor vehicle or operator of a commercial motor vehicle."Operation" means driving, operating, or being in physical control of a commercial motor vehicle in any place open to the general public for purposes of vehicular traffic.(b) In any civil action for personal injury or wrongful death involving the operation of a commercial motor vehicle requiring a commercial driver’s license, the maximum amount recoverable by each person injured or killed against the employer defendant of a commercial motor vehicle as compensatory damages for noneconomic loss may not exceed $5 million for each occurrence, regardless of the number of claims or theories of liability.(c) The limitation on noneconomic damages contained in subsection (b) of this section is not available to any employer defendant that does not have commercial motor vehicle insurance in the aggregate amount of at least $3 million for each occurrence covering the personal injury that is the subject of the action.(d) This section does not apply if the civil action involving a commercial motor vehicle arises from an incident for which an operator or driver is found to have:(1) At the time of the incident, operated a commercial motor vehicle with an alcohol concentration of .04 or more as defined in §17E-1-14 of this code;(2) Following the incident, refused to submit to testing required under §17E-1-15 of this code;(3) At the time of the incident, operated a commercial motor vehicle under the influence of any controlled substance, other drug, or inhalant substance;(4) At the time of the incident, operated a commercial motor vehicle in excess of the hours of operation established under state or federal regulations;(5) At the time of the incident, operated a commercial motor vehicle in willful or wanton disregard for the safety of persons or property;(6) At the time of incident, operated a commercial motor vehicle loaded in excess of the maximum gross vehicle weight rating established under state or federal regulations;
or(7) At the time of the incident, operated a commercial motor vehicle while engaging in one or more of the acts that constitute distracted driving as set forth in §17C-14-15(e) of this code.(e) On January 1, 2026, and in each year thereafter, the limitation on compensatory damages for noneconomic loss contained in subsection (b) of this section shall increase to account for inflation by an amount equal to the Consumer Price Index published by the United States Department of Labor, not to exceed one hundred fifty percent of the amounts specified in said subsection.(f) This section shall be effective on July 1, 2024, and shall only apply to causes of action arising after the effective date. AdoptedRejected 
⬇ Download PDF
View plain text versions (7)

Action History

  1. Chapter 1, Acts, Regular Session, 2024

  2. Approved by Governor 3/27/24

  3. To Governor 3/19/2024

  4. Approved by Governor 3/27/24 - House Journal

  5. Approved by Governor 3/27/24 - Senate Journal

  6. To Governor 3/19/24 - House Journal

  7. To Governor 3/19/2024 - Senate Journal

  8. Completed legislative action

  9. Communicated to House

  10. Effective July 1, 2024 (Roll No. 486)

  11. Senate concurred in House amendments and passed bill (Roll No. 486)

  12. House Message received

  13. Communicated to Senate

  14. Effective July 1, 2024 (Roll No. 669)

  15. Passed House (Roll No. 668)

  16. Read 3rd time

  17. On 3rd reading, Special Calendar

  18. Committee amendment adopted (Voice vote)

  19. Amendment reported by the Clerk

  20. Read 2nd time

  21. On 2nd reading, Special Calendar

  22. Read 1st time

  23. On 1st reading, Special Calendar

  24. With amendment, do pass

  25. To House Judiciary

  26. Introduced in House

  27. Ordered to House

  28. Effective July 1, 2024 (Roll No. 260)

  29. Passed Senate with amended title (Roll No. 260)

  30. Read 3rd time

  31. On 3rd reading

  32. Committee amendment adopted (Voice vote)

  33. Read 2nd time

  34. On 2nd reading

  35. Reported do pass, with amendment and title amendment

  36. Referred to Judiciary on 2nd reading

  37. Read 1st time

  38. Immediate consideration

  39. Committee substitute reported, but first to Judiciary

  40. To Transportation and Infrastructure

  41. Introduced in Senate

  42. To Transportation and Infrastructure then Judiciary

  43. Filed for introduction

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 7 co-sponsors · 144 not signed on · 11 voted No

Sponsors (1)

  • Stuart

Co-sponsors (7)

Not signed on (144)

144 members have not signed on to this bill.

Show all 144 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

EFFECT July 01, 2024

Passed 86 Yea · 8 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 60006
Unaffiliated 25100
Democrat 1700
Total 86806
% of votes cast 86%8%0%6%
How each member voted (100)
Member Party Vote
Kump — Yea
Rowe — Yea
Linville — Yea
Forsht — Yea
Longanacre — Yea
Smith — Yea
Foster — Yea
Steele — Yea
Martin — Yea
Griffith — Yea
Summers — Yea
Hardy — Yea
Tully — Yea
Nestor — Yea
Phillips — Yea
Warner — Yea
Westfall — Yea
Devault — Yea
Householder — Yea
Winzenreid — Yea
Jeffries — Yea
Espinosa — Yea
Ross — Yea
Fast — Yea
Kirby — Yea
Hamilton — Nay
Evan Hansen Democrat Nay
Hollis Lewis Democrat Nay
Joey Garcia Democrat Nay
John Williams Democrat Yea
Kayla Young Democrat Nay
Mike Pushkin Democrat Nay
Sean Hornbuckle Democrat Nay
Shawn Fluharty Democrat Nay
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Not Voting
Bryan Ward Republican Yea
Charles Sheedy Republican Not Voting
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Not Voting
Dana Ferrell Republican Yea
Darren Thorne Republican Yea
Dave Foggin Republican Yea
David Green Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Henry Dillon Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
John Paul Hott Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Not Voting
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Not Voting
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Yea
Patrick Lucas Republican Not Voting
Phil Mallow Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Vacant1 Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

PASSAGE

Passed 81 Yea · 15 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 59304
Unaffiliated 22400
Democrat 0800
Total 811504
% of votes cast 81%15%0%4%
How each member voted (100)
Member Party Vote
Kirby — Yea
Ross — Yea
Kump — Yea
Forsht — Yea
Linville — Yea
Foster — Yea
Smith — Yea
Steele — Yea
Martin — Yea
Griffith — Yea
Summers — Yea
Hardy — Yea
Tully — Yea
Nestor — Yea
Phillips — Yea
Warner — Yea
Westfall — Yea
Householder — Yea
Devault — Yea
Winzenreid — Yea
Jeffries — Yea
Espinosa — Yea
Hamilton — Nay
Fast — Nay
Longanacre — Nay
Rowe — Nay
Evan Hansen Democrat Nay
Hollis Lewis Democrat Nay
Joey Garcia Democrat Nay
John Williams Democrat Nay
Kayla Young Democrat Nay
Mike Pushkin Democrat Nay
Sean Hornbuckle Democrat Nay
Shawn Fluharty Democrat Nay
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Not Voting
Bryan Ward Republican Yea
Charles Sheedy Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Nay
Clay Riley Republican Yea
D. Rolland Jennings Republican Not Voting
Dana Ferrell Republican Yea
Darren Thorne Republican Yea
Dave Foggin Republican Yea
David Green Republican Yea
Elias Coop-Gonzalez Republican Nay
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Henry Dillon Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Nay
John Paul Hott Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Not Voting
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Yea
Patrick Lucas Republican Not Voting
Phil Mallow Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Vacant1 Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 30 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 15001
Unaffiliated 14102
Democrat 1000
Total 30103
% of votes cast 88%3%0%9%
How each member voted (34)
Member Party Vote
MARONEY — Yea
STOVER — Yea
MARTIN — Yea
STUART — Yea
BOLEY — Not Voting
SWOPE — Yea
CAPUTO — Nay
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
HAMILTON — Yea
HUNT — Yea
JEFFRIES — Yea
SMITH — Not Voting
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Ben Queen Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Not Voting
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Vince Deeds Republican Yea

Official roll call →

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 583?
SB 583 is sponsored by Randy E. Smith (Republican), Jay Taylor (Republican), Rollan A. Roberts (Republican), Eric Tarr (Republican), Phillips, Vince Deeds (Republican), Mike Azinger (Republican), and Stuart.
What is the current status of SB 583?
This bill has been enacted into law. Introduced January 29, 2024. Enacted.
Where can I track SB 583?
Track SB 583 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 583

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 583

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →