SB 486 — Relating to powers and duties of Chief Technology Officer
Last action — Chapter 137, Acts, Regular Session, 2021
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 01, 2021. Enacted.
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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5 sponsors
1 primary, 4 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (3 R).
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Failed a recorded vote
Failed 1 recorded vote so far — a real headwind.
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
203 added · 435 removedPlain-language change summary
The recent amendment to SB 486 introduces clearer definitions for terms related to information systems, information technology, and technology services. The new version simplifies the language and removes overly technical details, making it easier for a wider audience to understand. This change is important because it helps ensure that everyone involved—whether in government, business, or education—has a consistent understanding of these critical terms, which can improve communication and efficiency in technology-related initiatives.
NEWS RELEASES HELPFUL LINKS IntroducedEnrolled Version - Final Version « Senate Bill 486 History OTHER VERSIONS — EnrolledIntroduced Version - Final Version | | Email Key:
Red = new code to be enacted WEST virginia legislature regular session IntroducedEnrolled Senate Bill 486 By Senators Swope, Roberts, Smith, Plymale, and Woodrum [Introduced[Passed MarchApril 1,8, 2021;
referredin toeffect the90 Committeedays onfrom Governmentpassage] Organization] AAN BILLACT to amend and reenact §5A-6-2, §5A-6-3, §5A-6-4, §5A-6-4b, §5A-6-4c, §5A-6-5, §5A-6-6, §5A-6-7, and §5A-6-8 of the Code of West Virginia, 1931, as amended, all relating to the Office of Technology;
(a) “Information systems” means computer-based information equipment and related services designed for the automated transmission, storage, manipulation and retrieval of data by electronic or mechanical means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.
(b) “Information technology” means data processing and telecommunications hardware, software, services, supplies, personnel, maintenance, training and includes the programs and routines used to employ and control the capabilities of data processing hardware any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information.
(c)“Technology “Informationservices” equipment”means includesprofessional centralservices processingdesigned units,to front-endprovide processingfunctions, units,maintenance, miniprocessors, microprocessors and relatedsupport peripheralof equipment,information includingtechnology data storage devices, networkingor equipment,services services,including, routers,but documentnot scanners,limited datato, entrycomputer equipment,systems terminalapplication controllers,development data terminal equipment and computer-basedmaintenance; word processing systems other than memory typewriters;
(d) “Related Technology services” includes feasibility studies, systems design, software development and time-sharing services whether provided by state employees or others means professional services designed to provide functions, maintenance, and support of information technology devices, or services including, but not limited to, computer systems application development and maintenance;
(e) “Telecommunications” means anythe preparation, transmission, emissioncommunication, or receptionrelated ofprocessing signs, signals, writings, images or sounds of intelligenceinformation of any nature by wire,electrical, radioelectromagnetic, orelectromechanical, otherelectro-optical, electromagnetic or opticalelectronic systems.means.
The“Chief termInformation includesOfficer” allmeans facilitiesthe andperson equipmentholding performingthe thoseposition functionscreated thatin are§5A-6-3 owned,of leasedthis orcode usedand byvested thewith executiveauthority agenciesto ofoversee state governmentspending theunits preparation,in transmission,planning communication,and orcoordinating relatedinformation processingsystems that serve the effectiveness and efficiency of informationthe bystate electrical,and electromagnetic,individual electromechanical,state electro-optical,spending orunits, electronicand means.further the overall management goals and purposes of government:
(f) “Chief Technology Information Officer” means the person holding the position created in §5A-6-3 of this code and vested with authority to oversee state spending units in planning and coordinating information systems that serve the effectiveness and efficiency of the state and individual state spending units, and further the overall management goals and purposes of government:
(g) “Technical infrastructure” means all information systems, information technology, information technology equipment, telecommunications, and related technology services as defined in this section.
(h)“Technology “Information technology project” means thea processproject bywhere whichtechnology telecommunications,is automateda datasignificant processing,component databases,and theis Internet,either managementvalued informationat systems$250,000 andor relatedmore, information,or equipment,will goodsinvolve andsensitive servicesor arerestricted planned,data. procured and implemented;
(i)“Steering “Majorcommittee” informationmeans technologyan Technologyinternal project”agency meansoversight anycommittee informationestablished technologyjointly projectby estimatedthe toChief costInformation moreOfficer thanand $250,000.the agency proposing the project, which shall include representatives from the Office of Technology and at least one representative from the agency proposing the project.
Major information technology projects do not include equipment-only or software-only purchases in which labor is not necessary;
and a project where technology is a significant component and is either valued at $250,000 or more, or will involve sensitive or restricted data.
(j) “Steering committee” means an internal agency oversight committee established jointly by the Chief Technology Information Officer and the agency requesting proposing the project, which shall include representatives from the Office of Technology and at least one representative from the agency requesting proposing the project.
Chief Technology Information Officer;
(a) The Office of Technology is created within the Department of Administration.,Administration, to be led by a Chief Information Officer, who A Chief Technology Officer shall be appointed by and shall serve at the will and pleasure of the Governor.
The Chief Technology Information Officer shall have knowledge in the field of information technology, experience in the design and management of information systems, and an understanding of the special demands upon government with respect to budgetary constraints, the protection of privacy interests, and federal and state standards of accountability.
Powers and duties of the Chief Technology Information Officer generally.
(a) With respect to all state spending units the Chief Technology Information Officer may:
(1)(2) Develop ana organizedmechanism approachfor toidentifying those instances where information resourcesystems managementshould be linked and information shared, while providing for thisappropriate state;limitations on access and the security of data;
(2)(3) ProvideCreate technicalnew assistancetechnologies to thebe administratorsused ofin thegovernment, variousconvene stateconferences, spendingand unitsdevelop inincentive thepackages designto andencourage managementthe utilization of informationtechnology; systems;
(3)(4) EvaluateCharge thea economicfee justification,to system design and suitability of information equipment and related services, and review and make recommendations on the purchase,state leasespending orunits acquisition of information equipment and contracts for related services byprovided under the stateprovisions spendingof units;this article;
(4)(5) DevelopPeriodically aevaluate mechanismthe forfeasibility identifying those instances where systems of papersubcontracting formsinformation shouldtechnology beresources replacedand byservices, directand useto ofsubcontract informationonly equipment and those instancesresources wherethat applicableare statefeasible orand federalbeneficial standardsto ofthe accountabilitystate; demand retention of some paper processes;
(5)(6) (2) Develop ajob mechanismdescriptions forand identifyingqualifications thosenecessary instancesto whereperform informationduties systemsrelated shouldto be linked and information shared,technology whileas providingoutlined forin appropriatethis limitationsarticle; on access and the security of information data;
(6)(7) (3)Provide Createinformation newtechnology technologiesrelated totraining be used in government, convene conferences, and develop incentive packages to encouragefacilitate theefficient utilizationuse of technology;state technology resources;
(7) Engage in any other activities as directed by the Governor;
(8) (4) Charge a fee to the state spending units for evaluations performed and technical assistance services provided under the provisions of this section article.
All fees collected by the Chief Technology Officer shall be deposited in a special account in the State Treasury to be known as the Chief Technology Officer Administration Fund.
Expenditures from the fund shall be made by the Chief Technology Officer for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter eleven-b of this code:
Provided, That the provisions of section eighteen, article two, chapter eleven-b of this code do not operate to permit expenditures in excess of the spending authority authorized by the Legislature.
Amounts collected which are found to exceed the funds needed for purposes set forth in this article may be transferred to other accounts or funds and redesignated for other purposes by appropriation of the Legislature;
(9) Monitor trends and advances in information technology and technical infrastructure;
(10) Direct the formulation and promulgation of policies, guidelines, standards and specifications for the development and maintenance of information technology and technical infrastructure, including, but not limited to:
(A) Standards to support state and local government exchange, acquisition, storage, use, sharing and distribution of electronic information;
(B) Standards concerning the development of electronic transactions, including the use of electronic signatures;
(C) Standards necessary to support a unified approach to information technology across the totality of state government, thereby assuring that the citizens and businesses of the state receive the greatest possible security, value and convenience from investments made in technology;
(D) Guidelines directing the establishment of statewide standards for the efficient exchange of electronic information and technology, including technical infrastructure, between the public and private sectors;
(E) Technical and data standards for information technology and related systems to promote efficiency and uniformity;
Show all 126 changed lines (86 more)
(F) Technical and data standards for the connectivity, priorities and interoperability of technical infrastructure used for homeland security, public safety and health and systems reliability necessary to provide continuity of government operations in times of disaster or emergency for all state, county and local governmental units;
and (G) Technical and data standards for the coordinated development of infrastructure related to deployment of electronic government services among state, county and local governmental units;
(11) (5) Periodically evaluate the feasibility of subcontracting information technology resources and services, and to subcontract only those resources that are feasible and beneficial to the state;
(12) Direct the compilation and maintenance of an inventory of information technology and technical infrastructure of the state, including infrastructure and technology of all state, county and local governmental units, which may include personnel, facilities, equipment, goods and contracts for service, wireless tower facilities, geographic information systems and any technical infrastructure or technology that is used for law enforcement, homeland security or emergency services;
(13) (6) Develop job descriptions and qualifications necessary to perform duties related to information technology as outlined in this article;
and (7) Provide information technology related training to facilitate efficient use of state technology resources;
and (14) (10) Promulgate legislative rules, in accordance with the provisions of §29A-3-1,§29A-3-1 et seq.
as may be necessary to standardize and make effective the administration of the provisions of article six of this chapter this article.
(b) With respect to executive agencies, the Chief Technology Information Officer may:
(2) Establish, based on need and opportunity, priorities and timelines for addressing the information technology requirements of the various executive agenciesagencies; of state government;
(3) ExerciseDraw authorityupon delegatedstaff by the Governor by executive order to overrule and supersede decisions made by the administrators of theother various executive agencies offor governmentadvice withand respectassistance toin the designformulation and managementimplementation of informationadministrative systems and theoperational purchase,plans lease or acquisition of information equipment and contractspolicies; for related services;
(4) (3)Recommend Drawto uponthe staffGovernor transfers of otherequipment and human resources from any executive agenciesagency for advicethe most effective and assistanceefficient inuses of the formulationfiscal andresources implementation of administrativeexecutive andagencies operationalto plansmodernize andinformation policies;technology investments;
(5) (4)Provide Recommendguidance to the Governor transfers of equipment and humanservices resourceswhere fromfeasible anyto executivesupport agencyproper andcleansing for the most effective and efficient uses of theelectronic fiscaldata; resources of executive agencies to consolidate or centralize information-processing operations modernize information technology investments;
and (6) (5) Ensure information technology equipment is properly cleansed before disposal or transfer to another agency or organization and is responsible for the retirement or transfer of information technology equipment that may contain confidential or privileged electronic data.
Information technology equipment shall be cleansed using appropriate and effective methods that are commensurate with the data, the decommissioning agency and the planned disposition of the information technology equipment.
Following the cleansing, the Chief Technology Officer may distribute the information technology equipment for reuse by another state spending unit, send the information technology equipment to a state authorized recycler or send the information technology equipment to a certified information technology equipment refurbisher.
Transfers and disposal of information technology equipment are specifically exempt from the surplus property requirements enumerated in §§5A-3-43, 5A-3-44, 5A-3-45, and 5A-3-46 Provide guidance and services where feasible to support proper cleansing of electronic data;
(c) The Chief Technology Information Officer may employ the personnel necessary to carry out the work of the Office of Technology and may approve reimbursement of costs incurred by employees to obtain education and training.
(d) The Chief TechnologyInformation Officer shallmay developoversee atelecommunications comprehensive,services statewide,used four-yearby strategicstate informationspending technologyunits andfor technicalthe infrastructurepurpose policyof andmaximizing developmentefficiency plan to bethe submittedfullest topossible theextent Governorincluding andauditing thetelecommunications Jointservices Committeeand onusage Government and Finance.negotiation of telecommunications contracts.
A preliminary plan shall be submitted by December 1, 2006, and the final plan shall be submitted by June 1, 2007.
The plan shall include, but not be limited to:
(A) A discussion of specific projects to implement the plan;
(B) A discussion of the acquisition, management and use of information technology by state agencies;
(C) A discussion of connectivity, priorities and interoperability of the state's technical infrastructure with the technical infrastructure of political subdivisions and encouraging the coordinated development of facilities and services regarding homeland security, law enforcement and emergency services to provide for the continuity of government operations in times of disaster or emergency;
(D) A discussion identifying potential market demand areas in which expanded resources and technical infrastructure may be expected;
(E) A discussion of technical infrastructure as it relates to higher education and health;
(F) A discussion of the use of public-private partnerships in the development of technical infrastructure and technology services;
and (G) A discussion of coordinated initiatives in website architecture and technical infrastructure to modernize and improve government to citizen services, government to business services, government-to-government relations and internal efficiency and effectiveness of services, including a discussion of common technical data standards and common portals to be utilized by state, county and local governmental units.
(e) (d) The Chief Technology Information Officer shall may oversee telecommunications services used by state spending units for the purpose of maximizing efficiency to the fullest possible extent.
including The Chief Technology Officer shall establish microwave or other networks and LATA hops;
audit auditing telecommunications services and usage recommend and develop strategies for the discontinuance of obsolete or excessive utilization, participate in the renegotiation and negotiation of telecommunications contracts;
and encourage the use of technology and take other actions necessary to provide the greatest value to the state.
Project management duties of the Chief Technology Information Officer;
establishment of the Project Management Office and duties of the director authority of the Project Management Office.
(a) Concerning the management of information technology projects, the Chief Technology Officer shall The Chief Information Officer is authorized to:
(1) Develop Implement an approval process for proposed major information technology projects proposed by state agencies to ensure that all technology projects conform to the statewide strategic plan and the information management plans of agencies overall technology strategy of the agency;
(2) Establish a methodology for conceiving, planning, scheduling, and providing appropriate oversight for information technology projects, including oversight for the projects and a process for approving the planning, development, and procurement of information technology projects;
(3)(b) EstablishThe minimumChief qualificationsInformation andOfficer trainingshall standardscreate fora projectProject managers;Management Office within the Office of Technology.
(4) Direct the development of any statewide and multiagency enterprise project;
and (5) Develop and update a project management methodology to be used by agencies in the development of information technology.
(b) The Chief Technology Information Officer shall create a Project Management Office within the Office of Technology.
(c)(1) TheImplement Director of the Projectapproval Managementprocess Officefor shall:technology projects;
(1)(2) ImplementReview technology project proposals submitted by agencies and recommend to the Chief Information Officer the approval processof forthe informationproposals technologyand projects;any amendments thereto pursuant to §5A-6-4c of this code;
(2)(3) AssistMonitor the Chiefimplementation Technologyof Officertechnology inprojects the development and implementationperiodically ofreport afindings project management methodology to be used in the developmentChief andInformation implementationOfficer; of information technology projects in accordance with this article;
(3)(4) ProvideImplement ongoingtechnology assistanceportfolio andmanagement support to stateassist agenciesthe andChief publicInformation institutionsOfficer ofwith higheraligning educationinvestment in thetechnology developmentwith ofstrategic informationgoals technologyof projects;the state.
(4) Establish a program providing training to agency project managers;
(5) (2) Review information management and information technology plans project proposals submitted by agencies and recommend to the Chief Technology Information Officer the approval of the plans proposals and any amendments thereto pursuant to §5A-6-4c of this code;
(6) (3) Monitor the implementation of information management and information technology plans technology projects and periodically report its findings to the Chief Technology Information Officer;
(7) Assign project managers to review and recommend information technology project proposals.
(8) The director shall create criteria upon which information technology project proposal plans may be based including (4) Implement technology portfolio management to assist the Chief Information Officer with aligning investment in technology with strategic goals of the state.
(A) The degree to which the project is consistent with the state's overall strategic plan Total cost of the project;
(B) The technical feasibility of the project Public or citizen interface with the project or number of people affected by the project;
(C) The benefits of the project to the state, including customer service improvements Whether the project is operationally critical to the agency.
(D)(5) TheProvide risksoversight associatedfor withtechnology theprojects; project;
(E) Any continued funding requirements;
and (F) The past performance on other projects by the agency.
(9) (5) Provide oversight for state agency information technology projects;
Major information Technology project proposals and the establishment of steering committees.
(a) Prior to proceeding with a major information technology project, an a state agency shall submit a project proposal to the Project Management Office, outlining the business needcase, case for the project, the proposed technology solution, if known, and an explanation of how the project will support the agency’s business objective and the state’s strategic plan for information technology.
The project manager Project Management Office may require the submission of additional information as needed to adequately review any proposal.
(b) The proposalProject willManagement furtherOffice include:shall make recommendations on proposed projects to the Chief Information Officer for final disposition:
(1) A detailed business case plan, including a cost-benefit analysis;
(2) A business process analysis, if applicable;
(3) System requirements, if known;
(4) A proposed development plan and project management structure;
(5) Business goals and measurement criteria, as appropriate;
and (6) A proposed resource or funding plan.
(c) (b) The project manager assigned to review the project development proposal Project Management Office shall recommend its approval or rejection make recommendations on proposed projects to the Chief Technology Information Officer for final disposition:
(c) If the Chief TechnologyInformation Officer approvesdeems thenecessary, proposal,a thensteering hecommittee ormay shebe shallappointed notifyto: the agency of its approval.
(d)(1) WheneverProvide anongoing agencyoversight hasfor received approval from the Chief Technology Officer to proceed with the development and acquisition of a major information technology project,project; the Chief Technology Officer shall establish a steering committee.
(e)(2) (c)Have If the Chiefauthority Informationto Officerapprove deemsor necessary,reject aany steeringchanges committeeto maythe beproject's appointedscope, to:schedule, or budget;
The steering committee shall:
(1) provide Provide ongoing oversight for the major information technology project;
(2) and have Have the authority to approve or reject any changes to the project's scope, schedule, or budget;
(f) The Chief Technology Officer shall ensure that the major information technology project has in place adequate project management and oversight structures for addressing the project's scope, schedule or budget and shall address issues that cannot be resolved by the steering committee.
Any state spending unit that pursues an information technology purchase that does not meet the definition of a“technology “major technology project” and that is required to submit a request for proposal to the state Purchasing Division prior to purchasing goods or services shall obtain the approval of the Chief Technology Information Officer, in writing, of any proposed purchase of goods or services related to its information technology and telecommunication systems.
The notice proposal shall contain a brief description of the goods and services to be purchased.
The state spending unit shall provide the notice proposal to the Chief Technology Information Officer prior to the time it submits its request for proposal to the state Purchasing Division.
(a) Any state spending unit that is not required to submit a request for proposal to the state Purchasing Division prior to purchasing goods or services shall notify the Chief Technology Information Officer, in writing, of any proposed purchase of goods or services related to its information technology or telecommunication systems.
The notice proposal shall contain a detailed description of the goods and services to be purchased.
The state spending unit shall provide the notice proposal to the Chief Technology Information Officer a minimum of 10 days prior to the time it requests bids on the provision of the goods or services.
(b) If the Chief Technology Information Officer evaluates the suitability of the information technology and telecommunication equipment and related services under the provisions of §5A-6-4(a) of this code and determines that the goods or services to be purchased are not suitable, he or she shall, within 10 days of receiving the notice from the state spending unit, notify the state spending unit, in writing, of any recommendations he or she has regarding the proposed purchase of the goods or services.
If the state spending unit receives a written notice from the Chief Technology Information Officer within the time period required by this section, the state spending unit shall not put the goods or services out for bid less than 15 days following receipt of the notice from the Chief Technology Information Officer.
The Chief Technology Information Officer shall report biannually to the Legislative Joint Committee on Government and Finance on the activities of his or her office.
(b) Notwithstanding any other provision of this article to the contrary, except for participation in the compilation and maintenance of an inventory of information technology and technical infrastructure of the state authorized by section four of this article, the provisions of this article do not apply to the West Virginia Board of Education, the West Virginia Department of Education, the county boards of education, the higher educational institutions, or the West Virginia Division of Homeland Security and Emergency Management Emergency Management Division of the Department of Homeland Security relating to the technology used with the Statewide Interoperable Radio Network, created by §15-14-1,§15-14-1 et seq.
However, the West Virginia Board of Education, the West Virginia Department of Education, and the county boards of education, and the institutions of higher education will attempt to shall cooperate and collaborate with the Chief Technology Information Officer to the extent feasible.
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Action History
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Chapter 137, Acts, Regular Session, 2021
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Approved by Governor 4/15/21
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To Governor 4/13/21
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Approved by Governor 4/15/21 - House Journal
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Approved by Governor 4/15/21 - Senate Journal
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To Governor 4/13/21 - House Journal
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To Governor 4/13/21 - Senate Journal
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House Message received
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Completed legislative action
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Communicated to Senate
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Passed House (Roll No. 516)
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Read 3rd time
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On 3rd reading, Special Calendar
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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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Do pass
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To House Government Organization
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To Government Organization
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Introduced in House
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Ordered to House
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Passed Senate (Roll No. 243)
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Read 3rd time
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On 3rd reading
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Reported do pass
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Referred to Rules on 3rd reading
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On 3rd reading
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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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On 1st reading
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Reported do pass
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To Government Organization
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Introduced in Senate
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To Government Organization
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Filed for introduction
Sponsors
- Randy E. Smith · Cosponsor
- Swope · Primary
- Rollan A. Roberts · Cosponsor
- Plymale · Cosponsor
- Jack Woodrum · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 4 co-sponsors · 147 not signed on
Sponsors (1)
- Swope
Co-sponsors (4)
- Randy E. Smith Republican
- Rollan A. Roberts Republican
- Plymale
- Jack Woodrum Republican
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"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
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors SB 486?
- SB 486 is sponsored by Randy E. Smith (Republican), Swope, Rollan A. Roberts (Republican), Plymale, and Jack Woodrum (Republican).
- What is the current status of SB 486?
- This bill has been enacted into law. Introduced March 01, 2021. Enacted.
- Where can I track SB 486?
- Track SB 486 free on One Click Politics — get push/email alerts when it moves.
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