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West VirginiaSB 10082026 Regular SessionSenate

Relating to statute of limitations for asbestos and silica litigation

Sponsored By: Brian Helton (Republican)

Signed by Governor

§55-7G-9

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 2 costs, 1 mixed.

Lawsuit clock starts at diagnosis

For asbestos or silica exposure, the time to sue starts at the earliest of three events. It starts when you get a medical diagnosis, when you learn facts that would make a reasonable person seek that diagnosis, or on the date of death if the person had the illness. This rule applies only to claims that were not already time‑barred on the law’s effective date.

Separate suits for cancer and noncancer

The law treats noncancer asbestos or silica injuries and cancer as separate legal claims. You may bring a separate action for cancer even if you already had a noncancer claim.

No money for fear or risk

Courts cannot award damages just for fear of future disease or for an increased risk of disease in asbestos or silica cases. This applies only where such damages were otherwise allowed under state law.

Time limits on mining equipment lawsuits

Suits against makers of underground mining equipment face strict outer deadlines when federal mining rules required asbestos (30 CFR Part 18) or specified silica design (30 CFR Part 33) at manufacture. You must sue no later than the earlier of 12 years from the maker’s first sale/lease/delivery, or 10 years from the first sale/lease/delivery to the initial user, and still within any other applicable limitations period. This does not apply to brakes or brake material. If the maker gave a longer express warranty, you can sue within that longer period.

Expired claims stay barred; past deals stand

Claims that were already time‑barred on the law’s effective date stay barred. This law does not bring them back. Settlements and other agreements made before that date remain in force and are not changed.

Sponsors & Cosponsors

Sponsor

  • Brian Helton

    Republican • Senate

Cosponsors

  • Chris Rose

    Republican • Senate

  • Eric Tarr

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 279 • No: 14

Senate vote • 3/14/2026

Effective from passage (Roll No. 646)

Yes: 34 • No: 0

Senate vote • 3/14/2026

Senate concurred in House amendments and passed bill (Roll No. 645)

Yes: 34 • No: 0

House vote • 3/14/2026

Effective from passage (Roll No. 619)

Yes: 93 • No: 3

House vote • 3/14/2026

Passed House (Roll No. 618)

Yes: 84 • No: 11

Senate vote • 3/3/2026

Passed Senate (Roll No. 301)

Yes: 34 • No: 0

Actions Timeline

  1. Approved by Governor 3/25/2026

    3/25/2026Senate

  2. To Governor 3/19/2026

    3/19/2026Senate

  3. On 3rd reading, Special Calendar

    3/14/2026House

  4. Read 3rd time

    3/14/2026House

  5. Passed House (Roll No. 618)

    3/14/2026House

  6. Effective from passage (Roll No. 619)

    3/14/2026House

  7. Communicated to Senate

    3/14/2026House

  8. House Message received

    3/14/2026Senate

  9. Senate concurred in House amendments and passed bill (Roll No. 645)

    3/14/2026Senate

  10. Effective from passage (Roll No. 646)

    3/14/2026Senate

  11. Communicated to House

    3/14/2026Senate

  12. Completed legislative action

    3/14/2026Senate

  13. To Governor 3/19/2026 - Senate Journal

    3/14/2026Senate

  14. Approved by Governor 3/25/2026 - Senate Journal

    3/14/2026Senate

  15. Approved by Governor 3/25/2026 - House Journal

    3/14/2026House

  16. On 3rd reading, Special Calendar

    3/13/2026House

  17. On 2nd reading, Special Calendar

    3/12/2026House

  18. Read 2nd time

    3/12/2026House

  19. Amendment reported by the Clerk

    3/12/2026House

  20. Committee amendment adopted (Voice vote)

    3/12/2026House

  21. On 1st reading, Special Calendar

    3/11/2026House

  22. Read 1st time

    3/11/2026House

  23. With amendment, do pass

    3/10/2026House

  24. Markup Discussion

    3/9/2026House

  25. House received Senate message

    3/5/2026House

Bill Text

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