West Virginia 2018 Regular Session Status: Enacted

SB 82 — Including rebuttable presumptions in certain cases for firefighters with regard to workers' compensation

Last action — Chapter 246, Acts, Regular Session, 2018

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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 January 10, 2018. Enacted.

Prognosis

Likely to advance 72% · 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.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

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

36 added · 30 removed

Plain-language change summary

The updated version of Bill SB 82 strengthens the protections for professional firefighters by clearly defining eligibility criteria for certain work-related injuries and diseases, such as cancers that could arise from their jobs. It sets a specific expiration date for these protections regarding leukemia, lymphoma, or multiple myeloma unless further legislative action is taken. Additionally, it allows coverage for workers who develop occupational diseases from out-of-state work, which is significant for firefighters who may be deployed elsewhere. These changes help ensure that firefighters receive appropriate support and compensation for job-related health issues.

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NEWS RELEASES HELPFUL LINKS Engrossed Version « Senate Bill 82 History OTHER VERSIONS  —  Committee Substitute (1)  |  Enrolled Version - Final Version  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS SB82 SUB1 « Senate Bill 82 History OTHER VERSIONS  —  Enrolled Version - Final Version  |  Engrossed Version  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Engrossed Committee Substitute for Senate Bill 82 By Senators Ferns and Cline [Originating in the Committee on Government Organization;
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 82 By Senators Ferns and Cline [Originating in the Committee on Government Organization;
Provided, That compensation shall is not be payable for the disease of occupational pneumoconiosis, or death resulting from the disease, unless the employee has been exposed to the hazards of occupational pneumoconiosis in the State of West Virginia over a continuous period of not less than two years during the 10 years immediately preceding the date of his or her last exposure to such hazards, or for any five of the 15 years immediately preceding the date of his or her last exposure.  An application for benefits on account of occupational pneumoconiosis shall set forth the name of the employer or employers and the time worked for each.  The commission may allocate to and divide any charges resulting from such claim among the employers by whom the claimant was employed for as much as 60 days during the period of three years immediately preceding the date of last exposure to the hazards of occupational pneumoconiosis.
Provided, That compensation shall is not be payable for the disease of occupational pneumoconiosis, or death resulting from the disease, unless the employee has been exposed to the hazards of occupational pneumoconiosis in the State of West Virginia over a continuous period of not less than two years during the 10 years immediately preceding the date of his or her last exposure to such hazards, or for any five of the 15 years immediately preceding the date of his or her last exposure:
Provided, however, That compensation may be paid for the disease of occupational pneumoconiosis or other occupational disease, or death resulting from the disease when the employee performed work out of the state at the direction and under the control of the employer.  An application for benefits on account of occupational pneumoconiosis shall set forth the name of the employer or employers and the time worked for each.  The commission may allocate to and divide any charges resulting from such claim among the employers by whom the claimant was employed for as much as 60 days during the period of three years immediately preceding the date of last exposure to the hazards of occupational pneumoconiosis.
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Action History

  1. Chapter 246, Acts, Regular Session, 2018

  2. Approved by Governor 3/27/18

  3. To Governor 3/21/18

  4. Approved by Governor 3/27/18 - Senate Journal

  5. Approved by Governor 3/27/18 - House Journal

  6. To Governor 3/21/18 - Senate Journal

  7. To Governor 3/21/18 - House Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Passed House (Roll No. 438)

  12. Read 3rd time

  13. On 3rd reading, Special Calendar

  14. Read 2nd time

  15. On 2nd reading, Special Calendar

  16. Read 1st time

  17. On 1st reading, Special Calendar

  18. Do pass

  19. To House Judiciary

  20. To Judiciary

  21. Introduced in House

  22. Ordered to House

  23. Passed Senate with amended title (Roll No. 205)

  24. Read 3rd time

  25. On 3rd reading

  26. Floor amendment adopted (Voice vote)

  27. Read 2nd time

  28. On 2nd reading

  29. Read 1st time

  30. On 1st reading

  31. 2nd reference dispensed

  32. Committee substitute reported, but first to Judiciary

  33. To Government Organization

  34. Introduced in Senate

  35. To Government Organization then Judiciary

  36. Filed for introduction

Sponsors

  • Ferns · Primary
  • Cline · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Ferns

Co-sponsors (1)

  • Cline

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

PASSAGE

Passed 96 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 26000
Unaffiliated 66102
Democrat 4000
Total 96102
% of votes cast 97%1%0%2%
How each member voted (99)
Member Party Vote
Foster — Nay
Evans, E. — Yea
Lane — Yea
Fast — Yea
Ferro — Yea
Kessinger — Yea
Robinson — Yea
Romine, C. — Yea
Blair — Yea
Martin — Yea
Maynard — Yea
Hartman — Yea
Sypolt — Yea
Thompson — Yea
Nelson — Yea
Diserio — Yea
Phillips — Yea
Bates — Yea
Boggs — Yea
Byrd — Yea
Capito — Yea
Caputo — Yea
Cowles — Yea
Fleischauer — Yea
Folk — Yea
Frich — Yea
Graves — Yea
Harshbarger — Yea
Higginbotham — Yea
Hill — Yea
Householder — Yea
Iaquinta — Yea
Longstreth — Yea
Lovejoy — Yea
Lynch — Yea
Overington — Yea
Pack — Yea
Paynter — Yea
Pethtel — Yea
Rodighiero — Yea
Rowan — Yea
Shott — Yea
Sponaugle — Yea
Storch — Yea
Summers — Yea
Upson — Yea
Wagner — Yea
Evans, A. — Yea
Speaker Armstead — Yea
Romine, R. — Not Voting
Deem — Not Voting
Isner — Yea
Pyles — Yea
Ambler — Yea
Atkinson — Yea
Brewer — Yea
Canestraro — Yea
Espinosa — Yea
Hamrick — Yea
Hicks — Yea
Hollen — Yea
Love — Yea
Marcum — Yea
Miley — Yea
Moye — Yea
Rowe — Yea
Sobonya — Yea
Westfall — Yea
Wilson — Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Yea
Guy Ward Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Stanley Adkins Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 30001
Republican 3000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
ARVON — Yea
GAUNCH — Yea
RUCKER — Yea
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
KARNES — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Not Voting
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
OJEDA — Yea
TRUMP — Yea
PALUMBO — Yea
UNGER — Yea
CLINE — Yea
PLYMALE — Yea
WELD — Yea
PREZIOSO — Yea
WOELFEL — Yea
FACEMIRE — Yea
ROMANO — Yea
MR PRESIDENT — Yea
FERNS — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea
Sarah Drennan 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 82?
SB 82 is sponsored by Ferns and Cline.
What is the current status of SB 82?
This bill has been enacted into law. Introduced January 10, 2018. Enacted.
Where can I track SB 82?
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