West Virginia 2022 Regular Session Status: Passed Senate

SB 71 — Prohibiting political subdivisions from enacting certain ordinances, regulations, local policies, or other legal requirements

Last action — On 2nd reading, House Calendar

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  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 2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

19 added · 9 removed

Plain-language change summary

The amendment to Bill SB 71 changes the title and introduces important clarifications regarding local laws and zoning ordinances in West Virginia. Specifically, it establishes that any local requirements in place before the bill’s effective date are void and clarifies that the bill does not apply to municipal waste collection or to employees of political subdivisions. These changes are significant because they help ensure that local governments can enforce existing zoning laws without conflicting with the new bill, and it protects federal funding for localities by preventing any provisions that might jeopardize it.

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SB71 SFA Weld #1 2-25 Schindzielorz  7892   Senator Weld moved to amend the bill on page three, section four, after line fourteen, by adding thereto a new subsection, designated subsection (f), to read as follows:
SB71 SFAT Weld #1 2-25 Schindzielorz  7892   Senator Weld moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:
(f) If any provision of this article jeopardizes the receipt by a political subdivision of any federal grant-in-aid funds or other federal allotment of money, the provisions of this article shall, insofar as the fund is jeopardized, be deemed to be inoperative.
Eng.
  Adopted Rejected
Com Sub.
for Senate Bill 71—A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-5J-1, §21-5J-2, §21-5J-3, and §21-5J-4, all relating to prohibiting political subdivisions from enacting certain ordinances, regulations, local policies, local resolutions, or other legal requirements;
providing a short title;
defining terms;
prohibiting political subdivisions from adopting, enforcing, or administering certain local requirements;
clarifying effect on prior written agreements;
providing that any prohibited local requirement in effect prior to the effective date is void;
clarifying effect on lawfully enacted zoning ordinances;
clarifying that article does not apply to municipal solid waste or recycling collection programs;
clarifying that article does not apply to employees of a political subdivision;
clarifying effect on the West Virginia Alcohol and Drug-Free Workplace Act and certain similar requirements;
and clarifying that any provision of article that jeopardizes receipt of federal funding to political subdivision is deemed inoperative.
  Adopted Rejected    
View plain text versions (5)

Action History

  1. On 2nd reading, House Calendar

  2. Placed on House Calendar

  3. On 2nd reading, Special Calendar

  4. Read 1st time

  5. Immediate consideration

  6. With amendment, do pass

  7. To House Judiciary

  8. To Judiciary

  9. Introduced in House

  10. Ordered to House

  11. Passed Senate with amended title (Roll No. 231)

  12. Floor amendment adopted (Voice vote)

  13. Read 3rd time

  14. On 3rd reading with right to amend

  15. Read 2nd time

  16. On 2nd reading

  17. Read 1st time

  18. On 1st reading

  19. Committee substitute reported

  20. To Judiciary

  21. Introduced in Senate

  22. To Judiciary

  23. Filed for introduction

Sponsors

  • Swope · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on · 1 voted No

Sponsors (1)

  • Swope

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 22 Yea · 11 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 10000
Unaffiliated 121001
Democrat 0100
Total 221101
% of votes cast 65%32%0%3%
How each member voted (34)
Member Party Vote
LINDSAY — Nay
STOLLINGS — Nay
BALDWIN — Nay
MARONEY — Yea
STOVER — Yea
BEACH — Nay
MARTIN — Yea
SWOPE — Yea
BOLEY — Not Voting
MAYNARD — Yea
SYPOLT — Yea
BROWN — Nay
NELSON — Yea
CAPUTO — Nay
PHILLIPS — Yea
PLYMALE — Nay
TRUMP — Yea
GEFFERT — Nay
ROMANO — Nay
JEFFRIES — Nay
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Nay
Amy Grady Republican Yea
Bill Hamilton Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Mike Azinger Republican Yea
Patricia Rucker Republican Yea
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea

Official roll call →

Subjects

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 71?
SB 71 is sponsored by Swope.
What is the current status of SB 71?
This bill died with 2022 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 71?
Track SB 71 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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