West Virginia 2023 Regular Session Status: Enacted 3 R cosponsors

SB 439 — Establishing design-build program for DEP

Last action — Chapter 162, Acts, Regular Session, 2023

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

This bill has been enacted into law. Introduced January 23, 2023. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    1 primary, 6 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

40 added · 35 removed

Plain-language change summary

The amendment to Bill SB 439 clarifies that the Secretary of the Department will establish specific rules for the design-build contracting process, ensuring that proposals are chosen and contracts awarded in a fair and organized manner. This change also limits the design-build contracting method to projects awarded directly by the Department of Environmental Protection, which helps focus resources and expertise where they are most needed. This matters because it aims to enhance transparency and efficiency in public infrastructure projects while ensuring that only qualified contractors are selected for these tasks.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Senate Bill 439 B YSENATORS SMITH, APUTO , AMILTON, HILLIP, TAYLOR, SWOPE,AND NELSON [Originating in the Committee on Energy, Industry, and Mining;
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for Senate Bill 439 By Senators Smith, Caputo, Hamilton, Phillips, Taylor, Swope, and Nelson [Passed March 07, 2023;
reported on January 25, 2023] CS for SB 439 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-34-1, §22-34-2, §22-34-3, §22-34-4, and §22-34-5, all relating to establishing a design-build program for the Department of Environmental Protection;
in effect from passage] Enr CS for SB 439 AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-34-1, §22-34-2, §22-34-3, §22-34-4, and §22-34-5, all relating to establishing a design-build program for the Department of Environmental Protection;
CS for SB 439 (2) The procedure for selecting the most qualified design-builders prior to the release of the invitation for proposals;
(2) The procedure for selecting the most qualified design-builders prior to the release of the 1 Enr CS for SB 439 invitation for proposals;
(c) A design-build project may be let to contract only in accordance with the secretary’s procedural rules promulgated pursuant to the provisions of this article.
(c) A design-build project may be let to contract only in accordance with the secretary’s procedural rules promulgated pursuant to the provisions of this article:
Provided, That only contracts awarded directly by the Department of Environmental Protection may utilize the design-build delivery method authorized pursuant to the provisions of this article:
Provided, however, design-build delivery projects awarded pursuant to the provisions of this article may not exceed a total aggregate value of $50 million.
(6) Requirements or restrictions for subletting specific portions of the design-build contract, if any;
2 Enr CS for SB 439 (6) Requirements or restrictions for subletting specific portions of the design-build contract, if any;
and CS for SB 439 (7) Requirements for performance bonds, payment bonds, insurance, professional liability insurance, and workers' compensation coverage.
and (7) Requirements for performance bonds, payment bonds, insurance, professional liability insurance, and workers' compensation coverage.
(b) The provisions of this article expire and shall have no force and effect after December 31, 2025.
(b) The provisions of this article expire and shall have no force and effect after December 3 Enr CS for SB 439 31, 2025.
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Action History

  1. Chapter 162, Acts, Regular Session, 2023

  2. Approved by Governor 3/23/2023

  3. Approved by Governor 3/23/2023 - House Journal

  4. Approved by Governor 3/23/2023 - Senate Journal

  5. To Governor 3/9/2023 - House Journal

  6. To Governor 3/9/2023

  7. House received Senate message

  8. Completed legislative action

  9. Communicated to House

  10. Effective from passage (Roll No. 399)

  11. Senate concurred in House amendments and passed bill (Roll No. 399)

  12. House Message received

  13. Communicated to Senate

  14. Effective from passage (Roll No. 490)

  15. Passed House (Roll No. 489)

  16. Read 3rd time

  17. On 3rd reading, Special Calendar

  18. Amendment adopted (Voice vote)

  19. Read 2nd time

  20. On 2nd reading, Special Calendar

  21. Read 1st time

  22. From Housel Calendar, 1st reading, placed on Special Calendar

  23. On 1st reading, House Calendar

  24. Placed on House Calendar

  25. On 1st reading, Special Calendar

  26. Do pass

  27. To House Technology and Infrastructure

  28. Do pass, but first to Technology and Infrastructure

  29. To House Energy and Manufacturing

  30. To Energy and Manufacturing then Technology and Infrastructure

  31. Introduced in House

  32. Ordered to House

  33. Passed Senate (Roll No. 99)

  34. Read 3rd time

  35. On 3rd reading

  36. Read 2nd time

  37. On 2nd reading

  38. Read 1st time

  39. On 1st reading

  40. Committee substitute reported

  41. To Energy, Industry, and Mining

  42. Introduced in Senate

  43. To Energy, Industry, and Mining

  44. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 145 not signed on

Sponsors (1)

Co-sponsors (6)

Not signed on (145)

145 members have not signed on to this bill.

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"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 32 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 16000
Unaffiliated 15002
Democrat 1000
Total 32002
% of votes cast 94%0%0%6%
How each member voted (34)
Member Party Vote
MARONEY — Yea
STOVER — Yea
MARTIN — Yea
STUART — Yea
BOLEY — Yea
SWOPE — Yea
CAPUTO — Yea
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Not Voting
TRUMP — Yea
HAMILTON — Not Voting
HUNT — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Ben Queen Republican Yea
Charles H. Clements Republican Yea
Eric Tarr 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
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Vince Deeds Republican Yea

Official roll call →

Subjects

environment transportation
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 439?
SB 439 is sponsored by Caputo, Phillips, Jay Taylor (Republican), Swope, Nelson, Bill Hamilton (Republican), and Randy E. Smith (Republican).
What is the current status of SB 439?
This bill has been enacted into law. Introduced January 23, 2023. Enacted.
Where can I track SB 439?
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Last checked for changes 3 months ago · updated continuously

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