West Virginia 2019 Regular Session Status: Passed Senate

SB 74 — Exempting nonpaid volunteers at ski areas from workers' compensation benefits

Last action — To House Banking and Insurance

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

This bill died with 2019 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

61 added · 63 removed

Plain-language change summary

The recent changes to SB 74 include the addition of a provision that specifically exempts nonpaid volunteers at ski areas from receiving workers' compensation benefits. It also updated the language to clarify the state entity designations involved. This matters because it helps define the legal status of volunteers in these environments, potentially reducing liability for ski area operators and making it clear that volunteers won’t receive compensation under workers' compensation laws.

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NEWS RELEASES HELPFUL LINKS Introduced Version « Senate Bill 74 History OTHER VERSIONS  —  Committee Substitute (1)  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS SB74 SUB1 « Senate Bill 74 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Introduced Senate Bill 74 By Senator Cline [Introduced January 9, 2019;
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 74 Senator Cline, original sponsor [Originating in the Committee on Banking and Insurance;
Referred to the Committee on Banking and Insurance;
Reported on February 5, 2019]     A BILL to amend and reenact §23-2-1a of the Code of West Virginia, 1931, as amended, relating to exempting nonpaid volunteers at ski areas from workers’ compensation benefits;
and then to the Committee on the Judiciary] A BILL to amend and reenact §23-2-1a of the Code of West Virginia, 1931, as amended, relating to exempting nonpaid volunteers at ski areas from workers’ compensation benefits.
and updating and correcting state entity designations.
(4) All members of rescue teams assisting in mine accidents with the consent of the owner who, in such case, shall be deemed the employer, or at the direction of the Director of the department of mines Office of Miners' Health, Safety and Training;
(4) All members of rescue teams assisting in mine accidents with the consent of the owner who, in such case, shall be deemed the employer, or at the direction of the Director of the department of mines Office of Miners’ Health, Safety, and Training;
(5) All forest firefighters who, under the supervision of the Director of the department of natural resources Division of Forestry or his or her designated representative, assist in the prevention, confinement, and suppression of any forest fire;
(5) All forest firefighters who, under the supervision of the Director of the department of natural resources Division of Forestry, or his or her designated representative, assist in the prevention, confinement, and suppression of any forest fire;
Students in unpaid work-based learning experiences shall be considered to be paid the amount of wages so as to provide the minimum workers' compensation weekly benefits required by §23-4-6 of this code.
Students in unpaid work-based learning experiences shall be considered to be paid the amount of wages so as to provide the minimum workers’ compensation weekly benefits required by §23-4-6 of this code.
(c) Persons who volunteer time or services, without wages, for a ski area operator as defined in §20-3A-2 of this code or for a ski area sponsored program or activity, notwithstanding that the persons may receive noncash remunerations, are not employees under this chapter and are not entitled to benefits for injuries.  Notice in writing shall be given to all persons who volunteer time or services for a ski area operator that volunteering of time or services is not employment for the purposes of this chapter.
(c) Persons who volunteer time or services, without wages, for a ski area operator as defined in §20-3A-2 of this code, or for a ski area sponsored program or activity, are not employees under this chapter, notwithstanding that the persons may receive noncash remunerations.
The purpose of this bill is to exempt nonpaid volunteers at ski areas from Workers Compensation benefits.
The purpose of this bill is to exempt nonpaid volunteers at ski areas from workers’ compensation benefits.
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Action History

  1. To House Banking and Insurance

  2. To Banking and Insurance then Judiciary

  3. Introduced in House

  4. Ordered to House

  5. Passed Senate (Roll No. 135)

  6. Read 3rd time

  7. On 3rd reading

  8. Read 2nd time

  9. On 2nd reading

  10. Read 1st time

  11. On 1st reading

  12. Reported do pass

  13. To Judiciary

  14. Committee substitute reported, but first to Judiciary

  15. To Banking and Insurance

  16. Introduced in Senate

  17. To Banking and Insurance then Judiciary

  18. Filed for introduction

Sponsors

  • Cline · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on

Sponsors (1)

  • Cline

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

Show all 151 →

"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 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 32000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
LINDSAY — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Yea
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
PALUMBO — Yea
TARR — Yea
PLYMALE — Yea
TRUMP — Yea
CLINE — Yea
PREZIOSO — Yea
UNGER — Yea
FACEMIRE — Yea
ROBERTS — Yea
WELD — Yea
HAMILTON — Yea
ROMANO — Yea
WOELFEL — Yea
HARDESTY — Yea
RUCKER — Yea
MR PRESIDENT — Yea
IHLENFELD — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

Subjects

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 74?
SB 74 is sponsored by Cline.
What is the current status of SB 74?
This bill died with 2019 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 74?
Track SB 74 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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