HB 2397 — Prevent immediate family members from acting in a fiduciary capacity for the same governmental authority
Last action — Chapter 139, Acts, Regular Session, 2025
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 14, 2025. Enacted.
Signed by Governor Patrick Morrisey (Republican) on July 31, 2025.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high 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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Enacted
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 (11 R).
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Cleared a recorded vote
Passed 3 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 · 4 removedPlain-language change summary
The amendment to HB 2397 changes the bill's title to more clearly reflect its focus on how to designate signatories for county treasury expenditures when some of the signatories are family or household members. This change is important because it emphasizes the need for transparency and accountability in financial transactions, especially when personal relationships could lead to conflicts of interest. By clarifying the title, the bill aims to ensure that appropriate measures are taken to prevent potential misuse of funds.
HB2397 HFAHFAT McGeehan 4-74-6Morgan #1Morgan 3345 Delegate McGeehan moved to amend the bill by striking everythingout after the enactingtitle clause and insertingsubstituting intherefor lieua thereofnew thetitle, following: to Articleread 5.as follows:H.
fiscalB. affairs.
§7-5-4.2397 -- “A BILL to amend and reenact §7-5-4 of the Code of West Virginia, 1931, as amended, relating to modifying the process for designating signatories for certain expenditures from the county treasury by a county sheriff when two or more of the designated signatories are family or household members.” AdoptedRejected
Payment of money out of county treasury;
signing of orders by mechanical or electrical devices;
process when two or more designated signatories are family or household members;
forgery;
penalty.
(a) No money shall Money may not be paid by the sheriff out of the county treasury except upon an order signed by the president of the county commission and clerk of the county court the county clerk, and properly endorsed. Provided, however, That In counties having a population in excess of 50,000 as shown by the last preceding federal census, such signatures and the signature of the sheriff authorizing the payment of such orders by a county depository may be made by means of such mechanical or electrical device as the county court may select. Such The mechanical or electrical device utilized for the making of the signatures of the president and clerk shall be safely kept in the office of the clerk of the county court county clerk so that no one shall have has access thereto except the members of the county court, and the clerk of the county court the county clerk, and such of their respective employees as may be authorized to have access. thereto.
Such The mechanical or electrical device utilized for the making of the sheriff’s signature of the sheriff shall be safely kept in the office of the sheriff sheriff’s office so that no one shall have has access thereto except the sheriff and such of his or her deputies as may be authorized to have access. thereto(b) In the event that two or more individuals among the county commission president, sheriff, and county clerk, are family or household members, alternate signatories shall be designated, as follows:(1) The county commission shall vote to designate another county commissioner who is not a family or household member of any other required signatory to sign for the president;(2) The chief tax deputy shall sign for the sheriff.
If the chief tax deputy is a family or household member of any other signatory, then the county commission shall vote to appoint a resident of the county to serve as a substitute signatory;
and(3) The county clerk is not subject to substitution.(c) As used in this section, “family or household member” has the same meaning as set forth in §48-27-204 of this code.(d) If any person, other than the persons authorized so to do shall sign to sign by this section, signs the name of the county commission president, of the county court, the clerk of the county court or the sheriff by the use of any such county clerk, or sheriff, using any mechanical or electrical device, or otherwise, on any warrant, order, or check, or utter or attempt knowingly utters or attempts to employ as true such the forged warrant, order, or check, knowing the same to be forged he shall be he or she is guilty of a felony and, upon conviction, shall be confined in the penitentiary not less fewer than two years and not more than 10 years. AdoptedRejected
View plain text versions (8)
- hb2397 hfat mcgeehan 4-6 adopted.htm View text html
- hb2397 hfa mcgeehan 4-7 _1 adopted.htm View text html
- hb2397 hfa butler and kelly 3-17 _1 adopted.htm View text html
- hb2397 s gov am _1 3-31 adopted.htm View text Current html
- Committee Substitute Enrolled Committee Substitute pdf
- Committee Substitute Engrossed Committee Substitute pdf
- Committee Substitute View text pdf
- Introduced Introduced Version pdf
Action History
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Chapter 139, Acts, Regular Session, 2025
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Approved by Governor 4/25/2025
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To Governor 4/22/2025
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Approved by Governor 4/25/2025 - Senate Journal
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Approved by Governor 4/25/2025 - House Journal
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To Governor 4/22/2025 - Senate Journal
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To Governor 4/22/2025 - House Journal
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Completed legislative action
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Communicated to House
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Senate concurred in House amendments and passed bill (Roll No. 422)
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House Message received
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Communicated to Senate
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House concurred in Senate amend with amend, passed bill (Roll No. 397)
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House received Senate message
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Senate requests House to concur
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Passed Senate with amended title (Roll No. 312)
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Read 3rd time
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On 3rd reading
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Committee amendment adopted (Voice vote)
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Read 2nd time
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On 2nd reading
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Read 1st time
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Immediate consideration
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Reported do pass, with amendment and title amendment
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To Government Organization
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To Government Organization
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Introduced in Senate
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Communicated to Senate
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Passed House (Roll No. 120)
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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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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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Markup Discussion
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To House Judiciary
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Markup Discussion
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To House Legal Services
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To House Judiciary
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Introduced in House
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To Judiciary
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Filed for introduction
Sponsors
- Rick Hillenbrand · Primary
- Joe Funkhouser · Cosponsor
- Ian T. Masters · Cosponsor
- Bill Ridenour · Cosponsor
- Chuck Horst · Cosponsor
- Eric Brooks · Cosponsor
- Michael Hite · Cosponsor
- Erica Moore · Cosponsor
- Margitta Mazzocchi · Cosponsor
- Roy Cooper · Cosponsor
- Bryan Smith · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 10 co-sponsors · 141 not signed on
Sponsors (1)
- Rick Hillenbrand Republican
Co-sponsors (10)
- Joe Funkhouser Republican
- Ian T. Masters Republican
- Bill Ridenour Republican
- Chuck Horst Republican
- Eric Brooks Republican
- Michael Hite Republican
- Erica Moore Republican
- Margitta Mazzocchi Republican
- Roy Cooper Republican
- Bryan Smith 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 | 84 | 0 | 0 | 1 |
| Democrat | 9 | 0 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 1 |
| Total | 98 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Kump | — | Yea |
| Flanigan | — | Yea |
| Linville | — | Yea |
| Devault | — | Yea |
| Steele | — | Not Voting |
| Clark, T | — | Yea |
| Anitra Hamilton | Democrat | Yea |
| Evan Hansen | Democrat | Yea |
| Hollis Lewis | Democrat | Yea |
| John Williams | Democrat | Yea |
| Kayla Young | Democrat | Yea |
| Mike Pushkin | Democrat | Yea |
| Rick Garcia | 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 Smith | Republican | Yea |
| Bryan Ward | Republican | Yea |
| Carl "Bill" Roop | Republican | Yea |
| Carl Martin | Republican | Yea |
| Charles Sheedy | Republican | Yea |
| Chris Phillips | Republican | Yea |
| Christopher W. Toney | Republican | Yea |
| Chuck Horst | Republican | Yea |
| Clay Riley | Republican | Yea |
| D. Rolland Jennings | Republican | Yea |
| Dana Ferrell | Republican | Yea |
| Dave Foggin | Republican | Yea |
| David Cannon | Republican | Yea |
| David Green | Republican | Yea |
| David McCormick | Republican | Yea |
| Dean Jeffries | Republican | Yea |
| Doug Smith | Republican | Yea |
| Elias Coop-Gonzalez | Republican | Yea |
| Eric Brooks | Republican | Yea |
| Erica Moore | Republican | Yea |
| Evan Worrell | Republican | Yea |
| Gary G. Howell | Republican | Not Voting |
| Geno Chiarelli | Republican | Yea |
| George Miller | Republican | Yea |
| George Street | Republican | Yea |
| Henry Dillon | Republican | Yea |
| Ian T. Masters | Republican | Yea |
| James Robert "JB" Akers II | Republican | Yea |
| Jarred Cannon | Republican | Yea |
| Jeff Campbell | Republican | Yea |
| Jeff Eldridge | Republican | Yea |
| Jeffrey Stephens | Republican | Yea |
| Jim Butler | Republican | Yea |
| Jimmy Willis | Republican | Yea |
| Joe Ellington | Republican | Yea |
| Joe Funkhouser | Republican | Yea |
| Joe Parsons | Republican | Yea |
| Joe Statler | Republican | Yea |
| John Paul Hott | Republican | Yea |
| Jonathan Kyle | 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 |
| Lisa White | Republican | Yea |
| Lori Dittman | Republican | Yea |
| Margitta Mazzocchi | Republican | Yea |
| Mark Dean | Republican | Yea |
| Mark Zatezalo | Republican | Yea |
| Marshall W. Clay | Republican | Yea |
| Marty Gearheart | Republican | Yea |
| Matthew Rohrbach | Republican | Yea |
| Michael Amos | 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 |
| Ray Canterbury | Republican | Yea |
| Rick Hillenbrand | Republican | Yea |
| Roger Hanshaw | Republican | Yea |
| Roy Cooper | Republican | Yea |
| Ryan Browning | Republican | Yea |
| S. Chris Anders | Republican | Yea |
| Sarah Drennan | Republican | Yea |
| Scot C. Heckert | Republican | Yea |
| Stanley Adkins | Republican | Yea |
| Trenton Barnhart | Republican | Yea |
| Tresa Howell | Republican | Yea |
| Tristan Leavitt | Republican | Yea |
| Vacant1 | Republican | Yea |
| Vernon Criss | Republican | Yea |
| Walter Hall | Republican | Yea |
| Wayne Clark | Republican | Yea |
| William Anderson | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 28 | 0 | 0 | 1 |
| Unaffiliated | 3 | 0 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Total | 33 | 0 | 0 | 1 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| STUART | — | Yea |
| BOLEY | — | Yea |
| MR PRESIDENT | — | Yea |
| Joey Garcia | Democrat | Yea |
| Mike Woelfel | Democrat | Yea |
| Amy Grady | Republican | Yea |
| Anne B. Charnock | Republican | Yea |
| Ben Queen | Republican | Yea |
| Bill Hamilton | Republican | Yea |
| Brian Helton | Republican | Yea |
| Charles H. Clements | Republican | Yea |
| Chris Rose | Republican | Yea |
| Craig A. Hart | Republican | Yea |
| Darren Thorne | Republican | Yea |
| Eric Tarr | Republican | Yea |
| Glenn Jeffries | 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 |
| Patrick Martin | Republican | Yea |
| Robbie Morris | Republican | Yea |
| Rollan A. Roberts | Republican | Yea |
| Rupie Phillips | Republican | Yea |
| Ryan Weld | Republican | Yea |
| Scott Fuller | Republican | Yea |
| T. Kevan Bartlett | Republican | Not Voting |
| Tom Takubo | Republican | Yea |
| Tom Willis | Republican | Yea |
| Vince Deeds | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 82 | 0 | 0 | 3 |
| Democrat | 9 | 0 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 1 |
| Total | 96 | 0 | 0 | 4 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Flanigan | — | Yea |
| Kump | — | Yea |
| Linville | — | Yea |
| Devault | — | Yea |
| Steele | — | Not Voting |
| Clark, T | — | Yea |
| Anitra Hamilton | Democrat | Yea |
| Evan Hansen | Democrat | Yea |
| Hollis Lewis | Democrat | Yea |
| John Williams | Democrat | Yea |
| Kayla Young | Democrat | Yea |
| Mike Pushkin | Democrat | Yea |
| Rick Garcia | Democrat | Yea |
| Sean Hornbuckle | Democrat | Yea |
| Shawn Fluharty | Democrat | Yea |
| Adam Burkhammer | Republican | Yea |
| Adam Vance | Republican | Not Voting |
| Andy Shamblin | Republican | Yea |
| Betsy Kelly | Republican | Yea |
| Bill Ridenour | Republican | Yea |
| Bob Fehrenbacher | Republican | Yea |
| Bryan Smith | Republican | Yea |
| Bryan Ward | Republican | Yea |
| Carl "Bill" Roop | Republican | Yea |
| Carl Martin | Republican | Yea |
| Charles Sheedy | Republican | Yea |
| Chris Phillips | Republican | Yea |
| Christopher W. Toney | Republican | Yea |
| Chuck Horst | Republican | Yea |
| Clay Riley | Republican | Yea |
| D. Rolland Jennings | Republican | Yea |
| Dana Ferrell | Republican | Yea |
| Dave Foggin | Republican | Yea |
| David Cannon | Republican | Yea |
| David Green | Republican | Yea |
| David McCormick | Republican | Yea |
| Dean Jeffries | Republican | Yea |
| Doug Smith | 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 |
| Ian T. Masters | Republican | Yea |
| James Robert "JB" Akers II | Republican | Yea |
| Jarred Cannon | Republican | Yea |
| Jeff Campbell | Republican | Yea |
| Jeff Eldridge | Republican | Yea |
| Jeffrey Stephens | Republican | Yea |
| Jim Butler | Republican | Yea |
| Jimmy Willis | Republican | Yea |
| Joe Ellington | Republican | Yea |
| Joe Funkhouser | Republican | Yea |
| Joe Parsons | Republican | Yea |
| Joe Statler | Republican | Yea |
| John Paul Hott | Republican | Yea |
| Jonathan Kyle | Republican | Yea |
| Jonathan Pinson | Republican | Yea |
| Jordan Bridges | Republican | Not Voting |
| Jordan Maynor | Republican | Yea |
| Josh Holstein | Republican | Yea |
| Kathie Hess Crouse | Republican | Yea |
| Keith Marple | Republican | Yea |
| Laura Kimble | Republican | Yea |
| Lisa White | Republican | Yea |
| Lori Dittman | Republican | Not Voting |
| Margitta Mazzocchi | Republican | Yea |
| Mark Dean | Republican | Yea |
| Mark Zatezalo | Republican | Yea |
| Marshall W. Clay | Republican | Yea |
| Marty Gearheart | Republican | Yea |
| Matthew Rohrbach | Republican | Yea |
| Michael Amos | 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 |
| Ray Canterbury | Republican | Yea |
| Rick Hillenbrand | Republican | Yea |
| Roger Hanshaw | Republican | Yea |
| Roy Cooper | Republican | Yea |
| Ryan Browning | Republican | Yea |
| S. Chris Anders | Republican | Yea |
| Sarah Drennan | Republican | Yea |
| Scot C. Heckert | Republican | Yea |
| Stanley Adkins | Republican | Yea |
| Trenton Barnhart | Republican | Yea |
| Tresa Howell | Republican | Yea |
| Tristan Leavitt | Republican | Yea |
| Vacant1 | Republican | Yea |
| Vernon Criss | Republican | Yea |
| Walter Hall | Republican | Yea |
| Wayne Clark | Republican | Yea |
| William Anderson | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 2397?
- HB 2397 is sponsored by Rick Hillenbrand (Republican), Joe Funkhouser (Republican), Ian T. Masters (Republican), Bill Ridenour (Republican), Chuck Horst (Republican), Eric Brooks (Republican), Michael Hite (Republican), Erica Moore (Republican), Margitta Mazzocchi (Republican), Roy Cooper (Republican), and Bryan Smith (Republican).
- What is the current status of HB 2397?
- This bill has been enacted into law. Introduced February 14, 2025. Enacted.
- Where can I track HB 2397?
- Track HB 2397 free on One Click Politics — get push/email alerts when it moves.
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