West Virginia 2024 Regular Session Status: Enacted 1 R cosponsors

SB 428 — Establishing appeals from administrative rulings are to be filed with Intermediate Court of Appeals

Last action — Chapter 2, Acts, Regular Session, 2024

  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 11, 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 72% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 2 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

23 added · 3 removed

Plain-language change summary

The latest version of Bill SB 428 updates the process for appealing decisions related to specific legal matters in West Virginia. Instead of having 60 days to appeal to a county circuit court, individuals now have the option to appeal directly to the Intermediate Court of Appeals. This change simplifies the appeal process and could lead to quicker resolutions for those involved, which is important for ensuring fairness and efficiency in the legal system.

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Latest
SB428 H GO AM #1Wiseman 3295 The Committee on Government Organization moved to amend the bill on page 1 by striking everything after the enacting clause and inserting in lieu thereof the following:
WEST VIRGINIA LEGISLATURE REGULAR SESSION Enrolled Senate Bill 428 By Senator Woodrum [Passed February 12, 2024;
"ARTICLE 11B.
in effect 90 days from passage] Enr SB 428 An ACT to amend and reenact §19-11B-12 of the Code of West Virginia, 1931, as amended, relating to establishing that appeals from administrative rulings are to be filed with the Intermediate Court of Appeals.
Be it enacted by the Legislature of West Virginia:
ARTICLE 11B.
 (a) Any person aggrieved by any action taken under this article shall be afforded the opportunity for a hearing before the commissioner under the rules promulgated by the commissioner.(b) Hearings shall be conducted in accordance with procedures set forth by rule.(c) All the testimony and evidence at a hearing shall be recorded by mechanical means, which may include the use of tape recordings.
(a) Any person aggrieved by any action taken under this article shall be afforded the opportunity for a hearing before the commissioner under the rules promulgated by the commissioner.
The mechanical record shall be maintained for 90 days from the date of the hearing and a transcript shall be made available to the aggrieved party.(d) Any party who feels aggrieved of the suspension, revocation, or denial order may appeal within 60 days to the circuit court of the county in which the person has located its principal place of business Intermediate Court of Appeals pursuant to the provisions of §29A-5-4 of this code."  AdoptedRejected
(b) Hearings shall be conducted in accordance with procedures set forth by rule.
(c) All the testimony and evidence at a hearing shall be recorded by mechanical means, which may include the use of tape recordings.
The mechanical record shall be maintained for 90 days from the date of the hearing and a transcript shall be made available to the aggrieved party.
(d) Any party who feels aggrieved of the suspension, revocation, or denial order may appeal to the Intermediate Court of Appeals pursuant to the provisions of §29A-5-4 of this code.
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Action History

  1. Chapter 2, Acts, Regular Session, 2024

  2. Approved by Governor 2/20/2024 - House Journal

  3. Approved by Governor 2/20/2024 - Senate Journal

  4. Approved by Governor 2/20/2024

  5. To Governor 2/16/2024 - House Journal

  6. To Governor 2/14/2024

  7. House received Senate message

  8. Completed legislative action

  9. Communicated to House

  10. Senate concurred in House amendments and passed bill (Roll No. 114)

  11. House Message received

  12. Communicated to Senate

  13. Passed House (Roll No. 133)

  14. Read 3rd time

  15. On 3rd reading, Special Calendar

  16. Amendment adopted (Voice vote)

  17. Read 2nd time

  18. On 2nd reading, Special Calendar

  19. Read 1st time

  20. On 1st reading, Special Calendar

  21. With amendment, do pass

  22. To House Government Organization

  23. Introduced in House

  24. Ordered to House

  25. Passed Senate (Roll No. 64)

  26. Read 3rd time

  27. On 3rd reading

  28. Read 2nd time

  29. On 2nd reading

  30. Read 1st time

  31. On 1st reading

  32. Reported do pass

  33. To Government Organization

  34. Introduced in Senate

  35. Filed for introduction

  36. To Government Organization

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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 98 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 64002
Democrat 8000
Unaffiliated 26000
Total 98002
% of votes cast 98%0%0%2%
How each member voted (100)
Member Party Vote
Kirby — Yea
Ross — Yea
Kump — Yea
Rowe — Yea
Forsht — Yea
Foster — Yea
Linville — Yea
Longanacre — 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
Householder — Yea
Winzenreid — Yea
Espinosa — Yea
Jeffries — Yea
Fast — 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 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 Not Voting
Joe Statler Republican Yea
John Paul Hott Republican Not Voting
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

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 →

Subjects

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Frequently asked questions

Who sponsors SB 428?
SB 428 is sponsored by Jack Woodrum (Republican).
What is the current status of SB 428?
This bill has been enacted into law. Introduced January 11, 2024. Enacted.
Where can I track SB 428?
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