West Virginia 2024 Regular Session Status: Enacted Bipartisan · 8 R · 1 D cosponsors

HB 5326 — Relating to prohibition of unfair real estate service agreements

Last action — Chapter 202, 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 29, 2024. Enacted.

Odds of enactment

High chance

Based 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

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 11 sponsors

    1 primary, 10 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (8 R · 1 D) — cross-party backing.

  • 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 · 1 removed

Plain-language change summary

The recent amendment to Bill HB 5326 involves a change in the title to emphasize that it addresses unfair real estate service agreements affecting homeowners. This is significant because it not only lays out clear penalties, including potential jail time and a hefty fine for recording such unfair agreements, but also ensures that these agreements won't clutter public records. By implementing these changes, the bill aims to protect homeowners from unjust practices and enhance transparency in real estate transactions.

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Previous
Latest
HB5326 HFA Fast 2-12 #1Morgan 3345 Delegate Fast moved to amend the bill on page 3, section 5, subsection (b), line 5, by inserting the following language after the word “$25,000”:
HB5326 HFAT Fast 2-14Morgan 3345 Delegate Fast moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:H.
“:
B.
Provided, That the provisions of this subsection do not apply to the county clerk, a county commissioner, a deputy county clerk, any person employed by the county commission, or any person employed by the office of the county clerk that are acting within the scope of their employment.”   AdoptedRejected 
5326 -- “A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-38B-1, §30-38B-2, §30-38B-3, §30-38B-4, §30-38B-5, §30-38B-6, §30-38B-7, and §30-38B-8, all relating to providing for the prohibition of real estate service agreements that are unfair to an owner of residential real estate;
prohibiting the recording of such agreements so that the public records will not be clouded by them;
providing that recording, causing to be recorded, an unfair real estate service agreements is a misdemeanor and creates penalties of  confinement in jail for a term not to exceed 6 months and fined $25,000;
providing an exception to the misdemeanor offense for employees of the county commissioners, employees of the county commission, county clerk, deputy county clerk, and employees of the county clerk acting within the scope of their employment;
and providing for remedies.”;    AdoptedRejected 
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Action History

  1. Chapter 202, 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. House concurred in Senate amendment and passed bill (Roll No. 632)

  12. House received Senate message

  13. Senate requests House to concur

  14. Passed Senate with amended title (Roll No. 373)

  15. Read 3rd time

  16. On 3rd reading

  17. Committee amendment adopted (Voice vote)

  18. Read 2nd time

  19. On 2nd reading

  20. Read 1st time

  21. Immediate consideration

  22. Reported do pass, with amendment and title amendment

  23. To Judiciary

  24. To Judiciary

  25. Introduced in Senate

  26. Communicated to Senate

  27. Title amendment adopted (Voice vote)

  28. Passed House (Roll No. 180)

  29. Read 3rd time

  30. On 3rd reading, Special Calendar

  31. Amendment adopted (Voice vote)

  32. Read 2nd time

  33. On 2nd reading, Special Calendar

  34. Postponed on 2nd reading, Special Calendar, until 2/13/2024

  35. On 2nd reading, Special Calendar

  36. Read 1st time

  37. On 1st reading, Special Calendar

  38. By substitute, do pass

  39. To House Judiciary

  40. Introduced in House

  41. To Judiciary

  42. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 141 not signed on

Sponsors (1)

Co-sponsors (10)

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.

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 97 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 64002
Democrat 8000
Unaffiliated 25001
Total 97003
% of votes cast 97%0%0%3%
How each member voted (100)
Member Party Vote
Ross — Yea
Forsht — Yea
Kirby — Yea
Rowe — Yea
Foster — Yea
Kump — Yea
Linville — Yea
Smith — Yea
Longanacre — Yea
Griffith — Yea
Hamilton — Yea
Summers — Yea
Martin — Yea
Hardy — Yea
Tully — Yea
Warner — Yea
Nestor — Yea
Westfall — Yea
Devault — Yea
Phillips — Yea
Winzenreid — Yea
Householder — Yea
Espinosa — Yea
Fast — Yea
Jeffries — Yea
Steele — 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 Not Voting
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
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 →

PASSAGE

Passed 99 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 65001
Unaffiliated 26000
Democrat 8000
Total 99001
% of votes cast 99%0%0%1%
How each member voted (100)
Member Party Vote
Ross — Yea
Kirby — Yea
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
Phillips — Yea
Devault — Yea
Winzenreid — Yea
Householder — 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 Not Voting
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

Official roll call →

Subjects

housing
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Frequently asked questions

Who sponsors HB 5326?
HB 5326 is sponsored by Betsy Kelly (Republican), Mark Dean (Republican), Jeff Campbell (Republican), Christopher W. Toney (Republican), Rick Hillenbrand (Republican), Joey Garcia (Democrat), Andy Shamblin (Republican), Westfall, Kump, Patrick Lucas (Republican), and Chris Phillips (Republican).
What is the current status of HB 5326?
This bill has been enacted into law. Introduced January 29, 2024. Enacted.
Where can I track HB 5326?
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