West Virginia 2024 Regular Session Status: Enacted 1 R cosponsors

HB 5395 — Relating to judicial review of Board decisions

Last action — Chapter 79, Acts, Regular Session, 2024

  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 January 31, 2024. Enacted.

Odds of enactment

High chance

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

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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 4 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

1 added · 6 removed

Plain-language change summary

The amendment to HB 5395 changes the court referenced for judicial reviews from the "circuit court of Kanawha County" to the "West Virginia Intermediate Court of Appeals." This is important because it allows appeals related to employment board decisions to be handled by a specialized court, which may lead to more consistent and efficient decisions. The amendment reflects a shift towards using the appellate court system, potentially improving the legal process for those involved in employment disputes.

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Latest
HB5395 S JUD AM #1 2-27Mowen  7888 The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:  ARTICLE 7.
HB5395 HFA Steele 2-22 #1Morgan 3345 Delegate Steele moved to amend the bill on page 1, section 17, line 7, by striking the words “circuit court of Kanawha County” and inserting in lieu thereof the following:  “West Virginia Intermediate Court of Appeals”   AdoptedRejected 
CLAIM PROCEDURE.
§21A-7-17.
Finality of board's decision — Judicial review.
The decision of the board shall be final and benefits shall be paid or denied in accordance therewith, unless a claimant, last employer, or other interested party appeals to the circuit court of Kanawha County Intermediate Court of Appeals within thirty 30 days after mailing of notification of the board's decision:
Provided, That, in cases relating to a disqualification under subdivision (4) of section three of article six §21A-6-3(4) of this code, the decision of the board shall be final and benefits shall be paid or denied in accordance therewith, unless a claimant, last employer, or other interested party appeals to the circuit court of Kanawha County Intermediate Court of Appeals within twenty 20 days after mailing of notification of the board's decision.Parties to the proceedings before the board shall be made defendants in any such appeal;
and the commissioner shall be a necessary an interested party to with the discretionary authority to appear in any such judicial review.
§21A-7-20.
Board a necessary party to judicial action;
legal counsel.
 [Repealed.] AdoptedRejected
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Action History

  1. Chapter 79, Acts, Regular Session, 2024

  2. Approved by Governor 3/26/24

  3. To Governor 3/21/2024

  4. Approved by Governor 3/26/24 - House Journal

  5. Approved by Governor 3/26/2024 - Senate Journal

  6. To Governor 3/21/2024 - House Journal

  7. To Governor 3/21/2024 - Senate Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Effective from passage (Roll No. 423)

  12. House concurred in Senate amendment and passed bill (Roll No. 410)

  13. Immediate consideration

  14. House received Senate message

  15. Senate requests House to concur

  16. Effective from passage (Roll No. 326)

  17. Passed Senate (Roll No. 326)

  18. Read 3rd time

  19. On 3rd reading

  20. Committee amendment adopted (Voice vote)

  21. Read 2nd time

  22. On 2nd reading

  23. Read 1st time

  24. Immediate consideration

  25. Reported do pass, with amendment

  26. To Judiciary

  27. To Judiciary

  28. Introduced in Senate

  29. Communicated to Senate

  30. Passed House (Roll No. 275)

  31. Read 3rd time

  32. On 3rd reading, Special Calendar

  33. Amendment adopted (Voice vote)

  34. Amendment reported by the Clerk

  35. Read 2nd time

  36. On 2nd reading, Special Calendar

  37. Read 1st time

  38. On 1st reading, Special Calendar

  39. By substitute, do pass

  40. To House Judiciary

  41. Introduced in House

  42. To Judiciary

  43. Filed for introduction

Sponsors

Sponsorship breakdown

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

Sponsors (1)

  • Steele

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 95 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 61005
Democrat 8000
Unaffiliated 26000
Total 95005
% of votes cast 95%0%0%5%
How each member voted (100)
Member Party Vote
Ross — Yea
Forsht — Yea
Kirby — Yea
Rowe — Yea
Foster — Yea
Kump — Yea
Smith — Yea
Linville — Yea
Longanacre — Yea
Steele — Yea
Griffith — Yea
Summers — Yea
Hamilton — Yea
Martin — Yea
Hardy — Yea
Tully — Yea
Warner — Yea
Nestor — Yea
Westfall — Yea
Devault — Yea
Phillips — Yea
Winzenreid — Yea
Espinosa — Yea
Householder — Yea
Fast — Yea
Jeffries — Yea
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 Yea
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 Not Voting
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 Not Voting
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 Not Voting
Margitta Mazzocchi Republican Not Voting
Mark Dean Republican Not Voting
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

Official roll call →

EFFECT FROM PASSAGE

Passed 96 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 63003
Unaffiliated 25001
Democrat 8000
Total 96004
% of votes cast 96%0%0%4%
How each member voted (100)
Member Party Vote
Jeffries — Yea
Ross — Yea
Rowe — Yea
Forsht — Yea
Kirby — Yea
Foster — Yea
Kump — Yea
Smith — Yea
Linville — Yea
Steele — Yea
Longanacre — Yea
Griffith — Yea
Summers — Yea
Hamilton — Yea
Tully — Yea
Hardy — Yea
Warner — Yea
Nestor — Yea
Westfall — Yea
Devault — Yea
Phillips — Yea
Winzenreid — Yea
Espinosa — Yea
Householder — Yea
Fast — Yea
Martin — 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 Yea
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 Not Voting
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 Not Voting
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 Not Voting
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

Official roll call →

Passage

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 16000
Unaffiliated 17000
Democrat 1000
Total 34000
% of votes cast 100%0%0%0%
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 — 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 Yea
Vince Deeds Republican Yea

Official roll call →

PASSAGE

Passed 97 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 65001
Democrat 8000
Unaffiliated 24002
Total 97003
% of votes cast 97%0%0%3%
How each member voted (100)
Member Party Vote
Rowe — Yea
Forsht — Yea
Kump — Yea
Foster — Yea
Linville — Yea
Smith — Yea
Longanacre — Yea
Steele — Yea
Griffith — Yea
Hamilton — Yea
Martin — Yea
Summers — Yea
Hardy — Yea
Tully — Yea
Nestor — Yea
Warner — Yea
Westfall — Yea
Devault — Yea
Phillips — Yea
Winzenreid — Yea
Householder — Yea
Espinosa — Yea
Fast — Yea
Jeffries — Yea
Kirby — Not Voting
Ross — 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 Yea
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 Not Voting

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

Who sponsors HB 5395?
HB 5395 is sponsored by Roger Hanshaw (Republican) and Steele.
What is the current status of HB 5395?
This bill has been enacted into law. Introduced January 31, 2024. Enacted.
Where can I track HB 5395?
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