HB 5137 — Relating to requiring the State Auditor to conduct audits of all county boards of education
Last action — Referred to Government Organization
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✓Introduced
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✓In Committee
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3Passed House of Delegates
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4Passed Senate
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5To Executive
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6Enacted
This bill has passed the House of Delegates. Introduced January 25, 2024. It now moves to the second chamber.
Next likely step: consideration and a floor vote in the Senate.
Odds of enactment
Moderate chanceBased on the sponsor, cosponsors, and committee posture, this bill has a moderate 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
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Passed House of Delegates
Current position in the legislative process.
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11 sponsors
1 primary, 10 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (10 R).
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Cleared a recorded vote
Passed 1 recorded vote 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
1 added · 4 removedPlain-language change summary
The main change in Bill HB 5137 is in the title and scope of the legislation. It now includes provisions that require the State Auditor to conduct financial assessments of all county boards of education at least once every six years, rather than upon request or irregularly. This matters because it establishes a regular oversight framework ensuring better management of educational finances, helping to prevent misappropriation and misuse of public funds. Additionally, it includes requirements for submitting specific reports to enhance transparency and accountability in how county education funds are used.
HB5137 HFAHFAT HornbyPhillips 2-272-27Wiseman #13295 Delegate DelegatePhillips Hornbymoved moves to amend the bill onby pagestriking 1,out following the enactingtitle clauseand bysubstituting strikingtherefor thea remaindernew oftitle, theto billread andas insertingfollows:Committee inSubstitute lieufor thereofH. the following:
“ARTICLEB. 4A.
CENTRALIZED5137 MANAGEMENT-- OF“A COMPLAINTS.Bill to amend and reenact §12-4A-2 of the Code of West Virginia, 1931, as amended, relating to county board of education finances;
§12-4A-2.authorizing the State Auditor to conduct financial assessments of all county boards of education;
Generalrequiring purpose.each county board of education to be audited at least once every six years;
(a)providing Thefor State Auditor shall have authority to receive reports of possible fraud, misappropriation, mismanagement or waste of state funds of the State of West Virginia and to refer such reports to the commission on special investigations, county prosecutors and law-enforcement agencies.(b) The State Auditor shall conduct a financial assessment ofrequirements; all county boards of education in this state.
Financialrequiring assessmentssubmission areof notcertain requiredreports to bethe conductedJoint Committee on anGovernment annualand basis,Finance; but shall be scheduled as to complete an assessment of each county board of education at least once every six years.
Therequiring Stateuse Auditorof shall assess and report to the JointLocal Committee on Government andPurchasing FinanceCard onProgram; all county board of education funds, regardless of the funds' source, including, but not limited to, funds and income received from levies, the state, and the federal government.
Theauthorizing assessmentthe shallState includeAuditor evaluationsto ofcharge internalcertain controls,fees; including use of the purchasing card.
Effectiveand Julyproviding 1,an 2025,effective alldate.” AdoptedRejected county boards of education must utilize the Local Government Purchasing Card program created in Chapter 6, Article 9, section 2a of this code:
Provided, That nothing in this section shall alter the State Auditor’s duties as the supervisor of local government offices or current audit requirements of county boards of education as provided for under Chapter 6, Article 9 of this code:
Provided further, That the State Auditor may recoup his or her costs under this section by charging a fee to the county board of education.
This section shall become effective immediately upon passage.” AdoptedRejected
View plain text versions (5)
- hb5137 hfat phillips 2-27 adopted.htm View text html
- hb5137 hfa hornby 2-27 _1 adopted.htm View text Current html
- Committee Substitute Engrossed Committee Substitute pdf
- Committee Substitute View text pdf
- Introduced Introduced Version pdf
Action History
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Referred to Government Organization
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Read 1st time
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Immediate consideration
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Reported do pass with amend and title amend but first to Government Organization
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To Education
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To Education then Government Organization
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Introduced in Senate
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Communicated to Senate
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Title amendment adopted (Voice vote)
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Passed House (Roll No. 366)
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Read 3rd time
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On 3rd reading, Special Calendar
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Amendment adopted (Voice vote)
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Amendment reported by the Clerk
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Read 2nd time
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From House Calendar, 2nd reading, placed on Special Calendar
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On 2nd reading, House Calendar
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Placed on House Calendar
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On 2nd reading, Special Calendar
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Postponed on 2nd reading, Special Calendar, until 2/16/2024
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On 2nd reading, Special Calendar
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Read 1st time
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On 1st reading, Special Calendar
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By substitute, do pass
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To House Government Organization
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Introduced in House
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To Government Organization
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Filed for introduction
Sponsors
- Smith · Cosponsor
- Geno Chiarelli · Cosponsor
- D. Rolland Jennings · Cosponsor
- Phil Mallow · Cosponsor
- Scot C. Heckert · Cosponsor
- Charles Sheedy · Cosponsor
- Jordan Maynor · Cosponsor
- Jimmy Willis · Cosponsor
- Vacant1 · Cosponsor
- Darren Thorne · Cosponsor
- Michael Hornby · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 10 co-sponsors · 141 not signed on
Sponsors (1)
- Michael Hornby Republican
Co-sponsors (10)
- Smith
- Geno Chiarelli Republican
- D. Rolland Jennings Republican
- Phil Mallow Republican
- Scot C. Heckert Republican
- Charles Sheedy Republican
- Jordan Maynor Republican
- Jimmy Willis Republican
- Vacant1 Republican
- Darren Thorne Republican
Not signed on (141)
141 members have not signed on to this bill.
Show all 141 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 65 | 0 | 0 | 1 |
| Democrat | 8 | 0 | 0 | 0 |
| Unaffiliated | 25 | 0 | 0 | 1 |
| Total | 98 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Ross | — | Yea |
| Kirby | — | Yea |
| Rowe | — | Yea |
| Forsht | — | Yea |
| Kump | — | Yea |
| Foster | — | Yea |
| Linville | — | Yea |
| Smith | — | Yea |
| Steele | — | Yea |
| Griffith | — | Yea |
| Martin | — | Yea |
| Hamilton | — | Yea |
| Summers | — | Yea |
| Hardy | — | Yea |
| Tully | — | Yea |
| Nestor | — | Yea |
| Warner | — | Yea |
| Phillips | — | Yea |
| Westfall | — | Yea |
| Devault | — | Yea |
| Winzenreid | — | Yea |
| Householder | — | Yea |
| Espinosa | — | Yea |
| Fast | — | Yea |
| Jeffries | — | Yea |
| Longanacre | — | Not Voting |
| Evan Hansen | Democrat | Yea |
| Hollis Lewis | Democrat | Yea |
| Joey Garcia | Democrat | Yea |
| John Williams | Democrat | Yea |
| Kayla Young | Democrat | Yea |
| Mike Pushkin | Democrat | Yea |
| Sean Hornbuckle | Democrat | Yea |
| Shawn Fluharty | Democrat | Yea |
| Adam Burkhammer | Republican | Not Voting |
| Adam Vance | Republican | Yea |
| Andy Shamblin | Republican | Yea |
| Betsy Kelly | Republican | Yea |
| Bill Ridenour | Republican | Yea |
| Bob Fehrenbacher | Republican | Yea |
| Bryan Ward | Republican | Yea |
| Charles Sheedy | Republican | Yea |
| Christopher W. Toney | Republican | Yea |
| Chuck Horst | Republican | Yea |
| Clay Riley | Republican | Yea |
| D. Rolland Jennings | Republican | Yea |
| Dana Ferrell | Republican | Yea |
| Darren Thorne | Republican | Yea |
| Dave Foggin | Republican | Yea |
| David Green | 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 |
| James Robert "JB" Akers II | Republican | Yea |
| Jarred Cannon | Republican | Yea |
| Jeff Campbell | Republican | Yea |
| Jeffrey Stephens | Republican | Yea |
| Jim Butler | Republican | Yea |
| Jimmy Willis | Republican | Yea |
| Joe Ellington | Republican | Yea |
| Joe Statler | Republican | Yea |
| John Paul Hott | 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 |
| Lori Dittman | Republican | Yea |
| Margitta Mazzocchi | Republican | Yea |
| Mark Dean | Republican | Yea |
| Mark Zatezalo | Republican | Yea |
| Marty Gearheart | Republican | Yea |
| Matthew Rohrbach | 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 |
| Rick Hillenbrand | Republican | Yea |
| Roger Hanshaw | Republican | Yea |
| Roy Cooper | Republican | Yea |
| Scot C. Heckert | Republican | Yea |
| Stanley Adkins | Republican | Yea |
| Trenton Barnhart | Republican | Yea |
| Vacant1 | Republican | Yea |
| Vacant1 | Republican | Yea |
| Vernon Criss | Republican | Yea |
| Walter Hall | Republican | Yea |
| Wayne Clark | Republican | Yea |
| Wayne Clark | Republican | Yea |
| William Anderson | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 5137?
- HB 5137 is sponsored by Smith, Geno Chiarelli (Republican), D. Rolland Jennings (Republican), Phil Mallow (Republican), Scot C. Heckert (Republican), Charles Sheedy (Republican), Jordan Maynor (Republican), Jimmy Willis (Republican), Vacant1 (Republican), Darren Thorne (Republican), and Michael Hornby (Republican).
- What is the current status of HB 5137?
- This bill has passed the House of Delegates. Introduced January 25, 2024. It now moves to the second chamber.
- Where can I track HB 5137?
- Track HB 5137 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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