West Virginia 2025 Regular Session Status: Enacted 1 R cosponsors

HB 3162 — Providing that causes of action under Chapter 46A of the Code of West Virginia survive the death of the party

Last action — Chapter 121, Acts, Regular Session, 2025

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

This bill has been enacted into law. Introduced March 05, 2025. Enacted.

Signed by Governor Patrick Morrisey (Republican) on July 30, 2025.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 74% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

70 added · 55 removed

Plain-language change summary

The recent amendment to House Bill 3162 modifies definitions related to consumer debt in West Virginia and clarifies that legal actions for violations of consumer protection laws can continue even after the death of either party involved. Specifically, it now includes personal representatives managing the debts of deceased individuals and ensures that claims can still be pursued in court. This is significant because it helps protect consumers and their rights, making it easier for claims to be addressed, even in complex situations involving deaths. This change aims to strengthen consumer protections and provide a smoother legal process for claims after someone's passing.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED House Bill 3162 By Delegates Flanigan and Roop [Introduced March 05, 2025;
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED House Bill 3162 BYDELEGATEFLANIGAN AROOP [Passed April 12, 2025;
referred to the Committee on the Judiciary] Eng HB 3162 A BILL to amend and reenact §46A-2-122 and §55-7-8a of the Code of West Virginia, 1931, as amended, all relating to consumer credit and protection actions;
in effect 90 days from passage (July 11, 2025)] Enr HB 3162 AN ACT to amend and reenact §46A-2-122 and §55-7-8a of the Code of West Virginia, 1931, as amended, all relating to consumer credit and protection actions;
(a) "Consumer" means any natural person obligated or allegedly obligated to pay any debt.
(a) "Consumer" means any natural person obligated or allegedly obligated to pay any debt and includes any duly appointed personal representative of the estate of a natural person obligated or allegedly obligated to pay any debt.
The term "consumer" shall include any duly appointed administrator of the estate of a natural person obligated or allegedly obligated to pay any debt.
The term "consumer" further includes any natural person obligated under a deed of trust or lien that secures property primarily used for personal, family, or household purposes wherein the property is subject to foreclosure or forfeiture for failure to pay money.
Eng HB 3162 (d) "Debt collector" means any person or organization engaging directly or indirectly in debt collection.
(d) "Debt collector" means any person or organization engaging directly or indirectly in debt collection.
The term includes any person or organization who sells or offers to sell forms which are, or are represented to be, a collection system, device or scheme, and are intended or calculated to be used to collect claims.
The term includes any person or organization who sells or offers to sell forms which are, or are represented to be, a collection system, device or scheme, and are intended or Enr HB 3162 calculated to be used to collect claims.
(a) In addition to the causes of action which survive at common law, causes of action for injuries to property, real or personal, or injuries to the person and not resulting in death, or for deceit or fraud, or any violations of Chapter 46A of this code, also shall survive;
(a) In addition to the causes of action which survive at common law, causes of action for injuries to property, real or personal, injuries to the person and not resulting in death, deceit or fraud, or any violations of §46A-1-101 et.
seq.
of this code, also survive;
(b) If any such action is begun during the lifetime of the injured party, and within the period of time permissible under the applicable statute of limitations as provided by §55-2-1 et seq.
(b) If any action is begun during the lifetime of the injured party, and within the period of time permissible under the applicable statute of limitations as provided by §55-2-1 et seq.
and §55-2A-1 et seq.
of this code and §55-2A-1 et seq.
of this code, (either against the wrongdoer or his or her personal representative), and such injured party dies pending the action it may be revived in favor of the personal representative of such injured party and prosecuted to judgment and execution against the wrongdoer or his or her personal representative.
of this code, (either against the wrongdoer or his or her personal representative), and the injured party dies pending the action it may be revived in favor of the personal representative of the injured party and prosecuted to judgment and execution against the wrongdoer or personal representative.
(c) If the injured party dies before having begun any such action and it is not at the time of his or her death barred by the applicable statute of limitations under the provisions of §55-2-1 et seq.
(c) If the injured party dies before having begun an action and it is not at the time of his or her death barred by the applicable statute of limitations under the provisions of §55-2-1 et seq.
and §55-2A-1 et seq.
of this code and §55-2A-1 et seq.
of this code such action may be begun by the personal representative of Eng HB 3162 the injured party against the wrongdoer or his or her personal representative and prosecuted to judgment and execution against the wrongdoer or his or her personal representative.
of this code the action may be begun by the personal representative of the injured party against the wrongdoer or personal representative and prosecuted to judgment and execution against the wrongdoer or his or her personal Enr HB 3162 representative.
Any such action shall be instituted within the same period of time that would have been applicable had the injured party not died.
Any action shall be instituted within the same period of time that would have been applicable had the injured party not died.
(d) If any such action mentioned in the preceding subsections (a), (b) and/or (c) shall have been begun against the wrongdoer and he or she dies during the pendency thereof, it may be revived against the personal representative of the wrongdoer and prosecuted to judgment and execution.
(d) If an action mentioned in the subsections (a), (b) and/or (c) of this section have been begun against the wrongdoer and he or she dies during the pendency thereof, it may be revived against the personal representative of the wrongdoer and prosecuted to judgment and execution.
of this code shall govern the actions hereinabove mentioned, with reference to their abatement, revival, discontinuance, reinstatement and substitution of parties.
of this code govern the actions hereinabove mentioned, with reference to their abatement, revival, discontinuance, reinstatement, and substitution of parties.
Enr HB 3162 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the House of Delegates ...............................................................
Clerk of the Senate Originated in the House of Delegates.
In effect 90 days from passage.
...............................................................
Speaker of the House of Delegates ...............................................................
President of the Senate __________ The within is ................................................
this the...........................................
Day of ..........................................................................................................., 2025.
.............................................................
Governor 5
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Action History

  1. Chapter 121, Acts, Regular Session, 2025

  2. Approved by Governor 4/29/2025

  3. To Governor 4/15/2025

  4. Approved by Governor 4/29/2025 - Senate Journal

  5. To Governor 4/15/2025 - Senate Journal

  6. To Governor 4/15/2025 - House Journal

  7. House Message received

  8. Completed legislative action

  9. Communicated to Senate

  10. House concurred in Senate amendment and passed bill (Roll No. 642)

  11. House received Senate message

  12. Senate requests House to concur

  13. Passed Senate (Roll No. 488)

  14. Read 3rd time

  15. On 3rd reading

  16. Judiciary amendment adopted (Voice vote)

  17. B&I amendment withdrawn by unanimous consent

  18. Read 2nd time

  19. Immediate consideration

  20. Reported do pass, with amendment

  21. On 2nd reading, rereferred to Judiciary

  22. Read 1st time

  23. Immediate consideration

  24. Without recommendation, but first rereferred to Judiciary

  25. To Judiciary

  26. Reported do pass, with amendment, but first to Judiciary

  27. To Banking and Insurance

  28. To Banking and Insurance then Judiciary

  29. Introduced in Senate

  30. Communicated to Senate

  31. Passed House (Roll No. 115)

  32. Read 3rd time

  33. On 3rd reading, Special Calendar

  34. Read 2nd time

  35. On 2nd reading, Special Calendar

  36. Read 1st time

  37. On 1st reading, Special Calendar

  38. Do pass

  39. Markup Discussion

  40. To House Judiciary

  41. Markup Discussion

  42. To House Courts

  43. To House Judiciary

  44. Introduced in House

  45. To Judiciary

  46. Filed for introduction

Sponsors

Sponsorship breakdown

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

Sponsors (1)

  • Flanigan

Co-sponsors (1)

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-SENATE AMENDED HB

Passed 98 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 84001
Democrat 8001
Unaffiliated 6000
Total 98002
% of votes cast 98%0%0%2%
How each member voted (100)
Member Party Vote
Kump — Yea
Flanigan — Yea
Linville — Yea
Steele — Yea
Devault — Yea
Clark, T — Yea
Anitra Hamilton Democrat Not Voting
Evan Hansen Democrat Yea
Hollis Lewis Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Yea
Mike Pushkin Democrat Yea
Rick Garcia Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Yea
Bryan Smith Republican Yea
Bryan Ward Republican Yea
Carl "Bill" Roop Republican Yea
Carl Martin Republican Yea
Charles Sheedy Republican Yea
Chris Phillips Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Dave Foggin Republican Yea
David Cannon Republican Yea
David Green Republican Yea
David McCormick Republican Yea
Dean Jeffries Republican Yea
Doug Smith Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Henry Dillon Republican Yea
Ian T. Masters Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Funkhouser Republican Yea
Joe Parsons Republican Yea
Joe Statler Republican Yea
John Paul Hott Republican Yea
Jonathan Kyle Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Yea
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lisa White Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marshall W. Clay Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Amos Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Not Voting
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Ray Canterbury Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Ryan Browning Republican Yea
S. Chris Anders Republican Yea
Sarah Drennan Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Tresa Howell Republican Yea
Tristan Leavitt Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 29000
Unaffiliated 3000
Democrat 2000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
STUART — Yea
BOLEY — Yea
MR PRESIDENT — Yea
Joey Garcia Democrat Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Anne B. Charnock Republican Yea
Ben Queen Republican Yea
Bill Hamilton Republican Yea
Brian Helton Republican Yea
Charles H. Clements Republican Yea
Chris Rose Republican Yea
Craig A. Hart Republican Yea
Darren Thorne Republican Yea
Eric Tarr Republican Yea
Glenn Jeffries Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Patrick Martin Republican Yea
Robbie Morris Republican Yea
Rollan A. Roberts Republican Yea
Rupie Phillips Republican Yea
Ryan Weld Republican Yea
Scott Fuller Republican Yea
T. Kevan Bartlett Republican Yea
Tom Takubo Republican Yea
Tom Willis Republican Yea
Vince Deeds Republican Yea

Official roll call →

PASSAGE

Passed 96 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 81004
Unaffiliated 6000
Democrat 9000
Total 96004
% of votes cast 96%0%0%4%
How each member voted (100)
Member Party Vote
Devault — Yea
Kump — Yea
Flanigan — Yea
Linville — Yea
Steele — Yea
Clark, T — Yea
Anitra Hamilton Democrat Yea
Evan Hansen Democrat Yea
Hollis Lewis Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Yea
Mike Pushkin Democrat Yea
Rick Garcia Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Yea
Bryan Smith Republican Yea
Bryan Ward Republican Yea
Carl "Bill" Roop Republican Yea
Carl Martin Republican Yea
Charles Sheedy Republican Yea
Chris Phillips Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Dave Foggin Republican Not Voting
David Cannon Republican Yea
David Green Republican Yea
David McCormick Republican Yea
Dean Jeffries Republican Yea
Doug Smith Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Henry Dillon Republican Yea
Ian T. Masters Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Funkhouser Republican Yea
Joe Parsons Republican Not Voting
Joe Statler Republican Yea
John Paul Hott Republican Yea
Jonathan Kyle Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Yea
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lisa White Republican Yea
Lori Dittman Republican Not Voting
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marshall W. Clay Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Amos Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Yea
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Ray Canterbury Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Not Voting
Roy Cooper Republican Yea
Ryan Browning Republican Yea
S. Chris Anders Republican Yea
Sarah Drennan Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Tresa Howell Republican Yea
Tristan Leavitt Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Subjects

civil-rights
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 HB 3162?
HB 3162 is sponsored by Flanigan and Carl "Bill" Roop (Republican).
What is the current status of HB 3162?
This bill has been enacted into law. Introduced March 05, 2025. Enacted.
Where can I track HB 3162?
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