Progress Report
2023 Legislative Session
[ politics ]
Photo by WV Legislative Photography .
The West Virginia State Legislature adjourned its 2023 session on March 11 after 60 days of discussion and debate . In this 2023 legislative review , West Virginia Executive looks at some of the House Bills ( HB ) and Senate Bills ( SB ) that are intended to have a major impact on West Virginians and the economy . From significant tax reform to industrial safety , our state lawmakers are doing the work to put the people and communities of West Virginia first .
HB 3042 RELIGIOUS FREEDOM
RESTORATION ACT By Brian Dayton
SENATE : 30-3 � HOUSE : 86-12
HB 3042 , relating to forbidding excessive government limitations on exercise of religion , was the religious freedom bill that passed during the 2023 legislative session . While religious freedom restoration acts have frequently generated controversy in recent years , the legislative language of a bill is important , and the version of HB 3042 that became law was significantly different than versions that have been considered in the past .
The language contained in HB 3042 does not provide a license to discriminate that could have been an unintended consequence of previous religious freedom bills , which is why groups like the West Virginia Chamber of Commerce did not oppose the legislation . One practical effect of the bill is that it addresses a concern held by many during the peak of the COVID-19 pandemic . Several states mandated the closure of houses of worship , and HB 3042 would only permit such a closure if all other secular conduct of comparable economic benefit or risk was also closed .
In the end , West Virginia became the 33rd state — 23 others by statute and nine by court decision — to adopt a law like this .
HB 3270 LIMITING NON-ECONOMIC
DAMAGES
By Brian Dayton
SENATE : 24-8 � HOUSE : 52-45
HB 3270 placed caps on the amount of non-economic damages that can be awarded in deliberate intent cases . West Virginia has a no-fault workers ’ compensation system to replace compensation for workers who are unable to work due to a workplace injury . One provision of that law deals with cases known as deliberate intent , whereby an employer knew of a condition that was likely to lead to serious injury or death and did nothing to remedy it . These cases are rare but allow for additional recovery in special circumstances .
HB 3270 follows the trend of our medical malpractice law and places a cap — greater than $ 500,000 or two times the economic damages — on the amount of non-economic damages that can be awarded . Examples of non-economic damages include pain and suffering , loss of personal enjoyment , etc . Despite some misconceptions , this bill does not place a limit on economic damages , such as wages , medical bills , etc .
WWW . WVEXECUTIVE . COM SPRING 2023 25