SB 1008 West Virginia Senate · 2026 Regular Session

Relating to statute of limitations for asbestos and silica litigation

SB 1008 modifies the time limits for filing lawsuits related to asbestos and silica exposure in West Virginia. It sets that a claim for health issues (like disease) cannot be filed before a medical diagnosis is received, facts leading to a diagnosis are discovered, or the date of death (if the person had the condition). The bill also separates non-cancer and cancer claims, prohibiting damages for fear of future illness. Additionally, it establishes a 10- or 12-year deadline for lawsuits against equipment manufacturers (in coal mining) who used asbestos/silica as required by federal rules, unless a longer warranty was promised.
Bill status signed all 5 stages cleared
Introduction
Feb 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House of Delegates Passage
Mar 2026
Signed into Law
Jun 2026
Introduced Feb 19, 2026 Signed Jun 24, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

sb1008 h jud am _1 adopted.htm Enrolled Version · 3 edits · Mar 25, 2026
MINOR
The bill was finalized and enrolled for passage, removing draft committee notes and adding official signatures. The core policy text regarding asbestos and silica litigation limits remains unchanged, establishing a 12-year statute of limitations for mining equipment manufacturers with specific exceptions for brakes.
Scope change
The bill's scope remains focused on amending the statute of limitations for asbestos and silica claims in West Virginia, specifically adding protections for mining equipment manufacturers.
TECHNICAL

Removed draft committee instructions and placeholder text indicating the bill was under review.

Added official enrollment certification, signatures for legislative clerks, and the Governor's signature block to finalize the bill as law.

POLICY

The substantive legal text defining the 12-year statute of limitations for mining equipment manufacturers and the distinction between nonmalignant and cancer claims was not altered.

Floor votes · Senate Mar 3, 2026 · House of Delegates Mar 14, 2026

How they voted

330
Passed
Total votes 33
Mar 3, 2026
D Democratic2
2 Yea
100% Yea
R Republican31
31 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
41
Key actions
9
Committee
6
Amendments
1
Mar 25, 2026
Signed into law
Approved by Governor 3/25/2026
upper
Mar 14, 2026
Signed into law
Approved by Governor 3/25/2026 - House Journal
lower
Mar 14, 2026
Signed into law
Approved by Governor 3/25/2026 - Senate Journal
upper
Mar 14, 2026
Upper · Passed
Senate concurred in House amendments and passed bill (Roll No. 645)
upper
Mar 14, 2026
Lower · Passed
Passed House (Roll No. 618)
lower
Mar 12, 2026
Lower · Passed
Committee amendment adopted (Voice vote)
lower
Mar 12, 2026
Introduced
Amendment reported by the Clerk
lower
Mar 10, 2026
Lower · Passed
With amendment, do pass
lower
Mar 5, 2026
Committee
To House Judiciary
lower
Mar 5, 2026
Committee
To Judiciary
lower
Mar 5, 2026
Introduced
Introduced in House
lower
Mar 3, 2026
Upper · Passed
Passed Senate (Roll No. 301)
upper
Feb 27, 2026
Upper · Passed
Reported do pass
upper
Feb 19, 2026
Introduced
Introduced in Senate
upper
Feb 19, 2026
Committee
To Judiciary
upper
1 primary · 2 co-sponsors

Sponsors