West Virginia 2023 Regular Session Status: Enacted

SB 533 — Relating to limitations on motor vehicle used by nonprofit cooperative recycling associations

Last action — Chapter 2, Acts, Regular Session, 2023

  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 31, 2023. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • 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

45 added · 1 removed

Plain-language change summary

The revised version of Bill SB 533 has adjusted the regulations around recycling cooperative associations. It now specifies that these cooperatives can only collect recyclable goods that are not already serviced by certified waste motor carriers in their area. Additionally, if a waste motor carrier obtains a certificate of need for the same services, the cooperative must stop providing those services. These changes aim to clarify the roles of recycling cooperatives and waste carriers, which can help streamline waste management and reduce confusion in the community.

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SB533 HFA Young 3-9Altizer- 3259  Delegate Young moves to amend “SB533 H GO AM #1” on page 1, line 2, following the words “line 17” by striking out the remainder of the amendment and inserting in lieu thereof the following:“after the words ‘recycling cooperative association’ by inserting the following:
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Senate Bill 533 By Senator Nelson [Passed March 11, 2023;
“and shall be limited to recyclable goods not collected by a certified waste ‘motor carrier’ as defined pursuant to §24A-1-2 of this code in the same area the recycling cooperative is located.
in effect 90 days from passage] Enr SB 533 AN ACT to amend and reenact §19-4-1 of the Code of West Virginia, 1931, as amended, relating to limitations on motor vehicles used by nonprofit cooperative recycling associations for the collection and transportation of recyclable goods.
If a motor carrier receives a certificate of need to serve the same area with the same services as the cooperative, then the cooperative shall cease providing those services.’   
Be it enacted by the Legislature of West Virginia:
ARTICLE 4.
COOPERATE ASSOCIATIONS.
§19-4-1.
Definitions.
As used in this article:
(a) "Agricultural products" means horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and any farm products in their natural form or processed.
(b) "Goods and services" means food and beverages, arts and crafts, woodworking and furniture-making, and recycling, composting and repurposing materials.
(c) "Member" means a member of an association without capital stock and a holder of common stock in an association organized with capital stock.
(d) "Cooperative association" or "association" means any corporation organized under this article.
Each association shall also comply with the requisite business corporation provisions of chapter 31D or 31F of this code, or the nonprofit corporation provisions of chapter 31E of this code.
Except within a 35 mile radius of a facility that has been permitted and classified by the West Virginia Department of Environmental Protection as a mixed waste processing resource recovery facility, a recycling cooperative association may be organized as a nonprofit corporation pursuant to chapter thirty-one-e of this code.
The recyclable goods must be generated by members of the recycling cooperative association and shall be limited to recyclable goods not collected by a certified waste motor carrier as defined pursuant to §24A-1-2 of this code in the same area the recycling cooperative is located.
If a motor carrier receives a certificate of need to serve the same area with the same services as the cooperative, then the cooperative shall cease providing those services.
Enr SB 533 (e) "Qualified person" means a person who is engaged in the producing, preserving, harvesting, drying, processing, manufacturing, canning, packing, grading, storing, handling, utilizing, marketing, financing, selling, distributing, shipping, procuring or providing of agricultural products, or other goods and services, or the by-products thereof.
(f) "Qualified activity" means those engaged in the producing, preserving, harvesting, drying, processing, manufacturing, canning, packing, grading, storing, handling, utilizing, marketing, financing, selling, distributing, shipping, procuring or providing of agricultural products, or other goods and services, or the by-products thereof.
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Action History

  1. Chapter 2, Acts, Regular Session, 2023

  2. Approved by Governor 3/29/23

  3. To Governor 3/16/2023

  4. Approved by Governor 3/29/2023 - House Journal

  5. Approved by Governor 3/29/23 - Senate Journal

  6. To Governor 3/16/2023 - Senate Journal

  7. To Governor 3/16/2023 - House Journal

  8. House received Senate message

  9. Completed legislative action

  10. Communicated to House

  11. Senate concurred in House amendments and passed bill (Roll No. 581)

  12. House Message received

  13. Communicated to Senate

  14. Passed House (Roll No. 678)

  15. Read 3rd time

  16. On 3rd reading, Special Calendar

  17. Committee amendment adopted (Voice vote)

  18. Amendment to committee amendment adopted (voice)

  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. With amendment, do pass

  27. To House Government Organization

  28. To Government Organization

  29. Introduced in House

  30. Ordered to House

  31. Passed Senate (Roll No. 166)

  32. Read 3rd time

  33. On 3rd reading

  34. Read 2nd time

  35. On 2nd reading

  36. Read 1st time

  37. On 1st reading

  38. Reported do pass

  39. To Agriculture and Natural Resources

  40. Introduced in Senate

  41. To Agriculture and Natural Resources

  42. Filed for introduction

Sponsors

  • Nelson · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on

Sponsors (1)

  • Nelson

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 31 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 15001
Unaffiliated 15002
Democrat 1000
Total 31003
% of votes cast 91%0%0%9%
How each member voted (34)
Member Party Vote
MARONEY — Not Voting
STOVER — Not Voting
MARTIN — Yea
STUART — Yea
BOLEY — Yea
SWOPE — Yea
CAPUTO — Yea
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
HAMILTON — Yea
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 Not Voting
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 533?
SB 533 is sponsored by Nelson.
What is the current status of SB 533?
This bill has been enacted into law. Introduced January 31, 2023. Enacted.
Where can I track SB 533?
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