West Virginia House Bill HB3516

West Virginia 2025 Regular Session

• Introduced: 3/31/25

Caption

Relating to limit of liability through Board of Risk Management

Summary

HB3516 amends West Virginia’s statute of limitations for certain personal actions involving sexual assault or sexual abuse of a person who was a minor when the abuse occurred. The bill changes the filing window for claims against the perpetrator and against persons or entities that aided, abetted, or concealed the abuse, shortening the time from the current “age of majority plus eighteen years” framework to “age of majority plus two years,” while retaining a separate discovery-based filing period for claims against the perpetrator. The bill also deletes a subsection added in 2020 that stated those amendments were intended to extend limitation periods even if an earlier deadline had already expired. The bill’s stated purpose also references changes to the limit of liability insurance provided through the Board of Risk and Insurance Management and immunity for state employees from personal liability, except for restitution orders after a criminal conviction. However, the operative text provided focuses on the limitations period in §55-2-15 and related claims involving childhood sexual abuse. In practical terms, the bill would significantly affect survivors’ ability to bring civil claims after reaching adulthood and would alter the exposure of alleged perpetrators and third parties who allegedly enabled or concealed abuse.

Impact

HB3516 would amend West Virginia Code §55-2-15, changing the statute of limitations for civil actions arising from childhood sexual assault or sexual abuse and removing language tied to the 2020 expansion of limitation periods. Depending on how the bill is implemented and interpreted, it could narrow the time available for survivors to file suit and reduce potential civil liability for perpetrators and for aiding/abetting or concealment defendants. The bill’s caption and note also indicate broader changes related to state liability insurance and immunity for state employees, suggesting possible effects on claims against government actors and coverage under the Board of Risk and Insurance Management.

Sentiment

Based on the limited context provided, the bill appears to have been introduced and reported from the House Judiciary Committee without recorded floor debate or votes in the materials supplied. The overall framing suggests a policy effort to adjust liability exposure and filing deadlines rather than a broadly popular or controversial omnibus measure in the available record. Because no committee transcript or vote tally is included, there is no direct evidence here of support or opposition, but the subject matter indicates it would likely draw strong interest from both survivor advocates and entities concerned about litigation exposure.

Contention

The main point of contention is the shortened time period for filing civil claims related to childhood sexual abuse, which may be viewed by survivors’ advocates as limiting access to justice and by defendants and insurers as a needed restriction on stale claims. Another likely area of dispute is the bill’s reference to immunizing state employees from personal liability and adjusting liability insurance limits through the Board of Risk and Insurance Management, which could affect accountability for public employees and the state’s financial exposure. The deletion of the 2020 savings language may also be contested because it could affect whether previously time-barred claims remain barred or whether any prior extension continues to apply.