West Virginia 2021 Regular Session Status: Enacted

SB 277 — Creating COVID-19 Jobs Protection Act

Last action — Chapter 1, Acts, Regular Session, 2021

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  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 February 13, 2021. Enacted.

Prognosis

Advancing 40% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Failed a recorded vote

    Failed 1 recorded vote so far — a real headwind.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

30 added · 34 removed

Plain-language change summary

In the latest amendment to Bill SB 277, a new section was added that introduces the COVID-19 Jobs Protection Act, which aims to limit liability for individuals and businesses related to COVID-19 claims, care, and safety measures. This change means that if someone experiences injury or death linked to COVID-19 supplies, those who provided or manufactured those supplies may not be held legally responsible, unless they knowingly acted with serious negligence. This new provision is intended to encourage businesses to engage in activities that support public safety during the pandemic without the fear of potential lawsuits.

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Latest
SB277 HFA Capito 3-5 #1 Becker 3258 Delegate Capito moves to amend the bill on page five, section three, line fifty-four, by striking the definition of “Impacted care” and inserting in lieu thereof the following:
SB 277 HFAT CAPITO 3-10 #1 Becker   3258   Delegate Capito moves to amend the title to read as follows:
(10) “Impacted care” means care offered, delayed, postponed, or otherwise adversely affected at a health care facility or from a health care provider that impacted the health care facility or health care provider’s response to, or as a result of, COVID-19 or the COVID-19 emergency:
S.B.
Provided, That this provision does not prohibit claims that may otherwise be brought pursuant to W.
277 - A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-19-1, §55-19-2, §55-19-3, §55-19-4, §55-19-5, §55-19-6, §55-19-7, §55-19-8, and §55-19-9  all relating generally to creating the COVID-19 Jobs Protection Act;
Va.
designating a short title;
Code §55-7B-1, et seq.
making legislative findings;
so long as such claims for loss, damage, physical injury or death are unrelated to COVID-19 or the COVID-19 emergency and the care provided.
setting forth legislative purposes;
If the issue of impacted care is raised by a defendant under §55-19-4 of this code, the circuit court shall, upon motion by the defendant, stay the proceedings, including any discovery proceedings, and, as soon as practicable, hold a hearing to determine whether the care offered, delayed, postponed, or otherwise adversely affected at a health care facility or from a health care provider was related to COVID-19 or the COVID-19 emergency.
defining terms;
If the circuit court determines that the care offered, delayed, postponed, or otherwise adversely affected at a health care facility or from a health care provider was related to COVID-19 or the COVID-19 emergency and the care provided, then the cause of action shall be dismissed under §55-19-4 of this code.;
prohibiting certain claims against persons or entities arising from COVID-19, COVID-19 care, or impacted care;
            On page six, §55-19-4, line four, by inserting the word “from” before “COVID-19 care”, and inserting the word “from” before “impacted care”;
extinguishing liability for death or personal injury related to the design, manufacture, or labeling of supplies or personal protective equipment either sold or donated;
            On page seven, after line nine, by inserting a new section, designated section seven, to read as follows:
creating an exception to the extinguishment of claims for persons having actual knowledge of a product defect acting with conscious, reckless, and outrageous indifference to a substantial and unnecessary risk or with actual malice;
§55-19-7.
providing that, when a claim for workers’ compensation benefits is awarded to an employee pursuant to §23-1-1 et seq.
Exception.
of this code for a work-related injury, disease, or death caused by or arising from COVID-19 in the course of and resulting from covered employment, such claim for workers’ compensation benefits shall be the sole and exclusive remedy for such injury, disease, or death;
Excluding the provisions of §55-19-5 and §55-19-6 of this article, the limitations on liability provided in this article shall not apply to any person, or employee or agent thereof, who engaged in intentional conduct with actual malice.;
providing that, except for §55-19-5 and §55-19-6, limitations on liability shall not apply to any person, employee or agent, who engaged in intentional conduct with actual malice;
And, renumbering the remaining sections accordingly.
providing for severability of provisions;
  Adopted Rejected
adding retro activity of act  to January 1, 2020;
clarifying that no new cause of action is created nor defense limited by the act;
and clarifying that the article does not affect duties or rights arising from contract.  .
Adopted Rejected
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Action History

  1. Chapter 1, Acts, Regular Session, 2021

  2. Approved by Governor 3/19/21 - House Journal

  3. Approved by Governor 3/19/21

  4. To Governor 3/15/21 - House Journal

  5. To Governor 3/15/21 - Senate Journal

  6. To Governor 3/15/21

  7. House received Senate message

  8. Completed legislative action

  9. Communicated to House

  10. Effective from passage (Roll No. 114)

  11. Senate concurred in House amendments and passed bill (Roll No. 114)

  12. House Message received

  13. Communicated to Senate

  14. Effective from passage (Roll No. 114)

  15. Title amendment adopted (Voice vote)

  16. Passed House (Roll No. 113)

  17. Read 3rd time

  18. On 3rd reading, Special Calendar

  19. Amendment adopted (Voice vote)

  20. Amendment to amendment rejected (Roll No. 106)

  21. Amendment adopted (Roll No. 105)

  22. Read 2nd time

  23. On 2nd reading, Special Calendar

  24. Placed on Special Calender

  25. Placed on House Calendar

  26. On 2nd reading, Special Calendar

  27. Read 1st time

  28. On 1st reading, Special Calendar

  29. Do pass

  30. To House Judiciary

  31. To Judiciary

  32. Introduced in House

  33. Ordered to House

  34. Effective from passage (Roll No. 17)

  35. Passed Senate (Roll No. 17)

  36. Read 3rd time

  37. Lindsay Floor amendment #2 rejected (Voice vote)

  38. Lindsay Floor amendment #1 rejected (Voice vote)

  39. On 3rd reading with right to amend

  40. Read 2nd time

  41. On 2nd reading

  42. Read 1st time

  43. On 1st reading

  44. Committee substitute reported

  45. To Judiciary

  46. Introduced in Senate

  47. To Judiciary

  48. Filed for introduction

Sponsors

  • Blair · Primary
  • Baldwin · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 150 not signed on

Sponsors (1)

  • Blair

Co-sponsors (1)

  • Baldwin

Not signed on (150)

150 members have not signed on to this bill.

Show all 150 →

"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

Subjects

labor health-insurance
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Frequently asked questions

Who sponsors SB 277?
SB 277 is sponsored by Blair and Baldwin.
What is the current status of SB 277?
This bill has been enacted into law. Introduced February 13, 2021. Enacted.
Where can I track SB 277?
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