HB 5227 — Relating to Secretary of State annual reports, fees, and veteran-owned business logotypes
Last action — Chapter 167, Acts, Regular Session, 2026
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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 05, 2026. 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 (5 R).
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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.
In plain language
The bill addresses annual reports and fees related to the Secretary of State and veteran-owned businesses.
This bill involves changes to the annual reports and fees that the Secretary of State handles, as well as the logotypes for veteran-owned businesses. It aims to improve the reporting process and recognition for these businesses.
What this means for you
- Small Business: If you own a veteran-owned business, this bill may provide better recognition and potential benefits through new logotypes.
Summary
Relating to Secretary of State annual reports, fees, and veteran-owned business logotypes
Bill Text
What changed in the latest version
289 added · 266 removedPlain-language change summary
The updated version of Bill HB 5227 allows businesses to submit reports every two years, instead of annually, and introduces a fee for these biennial reports. It also now requires these reports to include email addresses for easier communication. Additionally, the Secretary of State is given the authority to waive late fees, and a specific logotype for veteran-owned businesses is included. These changes streamline the reporting process, potentially reduce costs for businesses, and enhance support for veteran entrepreneurs.
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSEDENROLLED House Bill 5227 ByBY DelegatesDELEGATESF Funkhouser,UNKHOUSER, Moore,MOORE, Hillenbrand,HILLENBRAN, Ridenour,RIDENOUR,AND andHECKERT Heckert(R (RequestedEQUESTEDB ByY theTHO OfficeFFICE ofOF theTHSECRETARY SecretaryOFS ofTAT) State)[Passed [IntroducedMarch February10, 05, 2026;
referredin toeffect theJuly Committee1, on2026] theEnr Judiciary] Eng HB 5227 AAN BILLACT to amend and reenact §59-1-2a of the Code of West Virginia, 1931, as amended, providingrelating forto thefilings amountand fees within the Secretary of StateState’s mayoffice; charge under this section for a bad check fee;
allowing biennial reports;
establishing biennial report fee;
requiring reports to contain email addresses;
providing for the amount the Secretary of State may charge under this section for a bad check fee;
providing for a veteran-owned business logotype.logotype;
and providing for an effective date.
AfterAny June 30, 2008, any reference in this code to a fee paid to the Secretary of State for services as a statutory attorney in fact shall mean the annual report fee described in this section.
"Biennial Reportreport fee" means the biennial fee described in subsection (c) of this section that is to be paid to the Secretary of State every two years by corporations, limited partnerships, domestic limited liability companies, and foreign limited liability companies.
Enr HB 5227 "Corporation" means a "domestic corporation", a "foreign corporation", or a "nonprofit corporation".
Eng HB 5227 "Deliver or delivery" means any method of delivery used in conventional commercial practice, including, but not limited to, delivery by hand, mail, commercial delivery, and electronic transmission.
"Domestic corporation" means a corporation for profit, which is not a foreign corporation, incorporated under or subject to chapterChapter 31D of this code.
"Domestic limited liability company" means a limited liability company, which is not a foreign limited liability company, under or subject to chapterChapter 31B of this code.
§101.§ 101.
§101.§ 101.
"Veteran-owned business" or "active-duty member-owned business" means a business thatthat: meets the following criteria:
Enr HB 5227 (A) Is at least 51 percent unconditionally owned by one or more veterans, active-duty members of any branch of the United States military, or their respective spouses;
or Eng HB 5227 (B) In the case of a publicly owned business, at least 51 percent of the stock is unconditionally owned by one or more veterans, active-duty members of any branch of the United States military, or their respective spouses.
— AfterAfter, June 30, 2008, July 1, 2026, noa corporation, limited partnership, domestic limited liability company, or foreign limited liability company may not engage in any business activity in this state without paying the annual or biennial report fee and filing the annual or biennial report as required by this section.
(c) Annual or biennial Reportreport fee.
— After June 30, 2008, July 1, 2026,2026,each each corporation, limited partnership, domestic limited liability company, and foreign limited liability company engaged in or authorized to do business in this state shall pay an annual report fee of $25 for the services of the Secretary of State as attorney-in-fact for the corporation, limited partnership, domestic limited liability company, or foreign limited liability company and for suchany other administrative services as may be imposed by law upon the Secretary of State.
If a corporation, limited partnership, domestic limited liability company, or foreign limited liability company elects for biennial reporting under subdivision (d)(3) of this section, then suchthe corporation, limited partnership, domestic limited liability company, or foreign limited liability company shall pay a biennial report fee of $50 for the services of the Secretary of State as attorney-in-fact for the corporation, limited partnership, domestic limited liability company, or foreign limited liability company and for suchany other administrative services as may be imposed by law upon the Secretary of State.
The fee is due and payable each year after the initial registration of the corporation, limited partnership, domestic limited liability company, or foreign limited liability company with the annual or biennial report described in subsection (d) of this section on or before the dates specified in subsection (e) of this section.
The fee is due and payable each year with the annual report from corporations, limited partnerships, domestic limited liability companies, and foreign limited liability companies that paid the registration fee prior to July 1, 2008, on or before the dates specified in Eng HB 5227 subsection (e) of this section.
Enr HB 5227 (d) Annual or biennial report.
— (1) After June 30, 2008, July 1, 2026, each corporation, limited partnership, domestic limited liability company, and foreign limited liability company engaged in or authorized to do business in this state shall file an annual or biennial report.
The report is due eachannually yearor biennially, subject to the other provisions of this code, after the initial registration of the corporation, limited partnership, domestic limited liability company, or foreign limited liability company with the annual or biennial report fee described in subsection (c) of this section on or before the dates specified in subsection (e) of this section.
(2) The reportannual isor duebiennial eachreport yearshall frombe corporations,filed limitedwith partnerships, domestic limited liability companies, and foreign limited liability companies that paid the registrationSecretary feeof priorState to July 1, 2008, on orforms beforeprovided by the datesSecretary specifiedof inState subsectionfor (e)that ofpurpose. this section.
(2)(A)(A) The annual reportor shallbiennial bereport filedshall, within the Secretarycase of Statecorporations, oncontain: forms provided by the Secretary of State for that purpose.
The annual report shall, in the case of corporations, contain:
(v) in the casecounty of limited partnerships, domestic limited liability companies, and foreign limited liability companies, similar information with respect to their principal or controllingcounty interestscode asin determinedwhich by the Secretaryprincipal ofoffice Stateaddress or otherwisemailing requiredaddress byof law to be reported to the Secretarycompany ofis State;located;
(vi) thebusiness countyclass orcode; county code in which the principal office address or mailing address of the company is located;
(vii) businessan classe-mail code;address where informational notices and reminders of annual or biennial filings may be sent, unless there is a technical inability to comply;
and (viii) anany e-mailother addressinformation wherethe informationalSecretary notices and reminders of annualState filingsconsiders mayappropriate. be sent, unless there is a technical inability to comply;
Limited partnerships, domestic limited liability companies, and (ix)foreign anylimited otherliability companies shall provide similar information with respect to their principal or controlling interests Enr HB 5227 as determined by the Secretary of State considersor appropriate.otherwise required by law to be reported to the Secretary of State.
Eng HB 5227 (B) Notwithstanding any other provision of law to the contrary, the Secretary of State shall, upon request of any person, disclose, with respect to corporations:
(A) The election shall bemeet made at the time of filing the fifth consecutive timely annual report, or, for any corporation, limited partnership, domestic limited liability company, or foreign limited liability company that has already satisfied the five-year timely filing requirement as of the effective date of this subsection, at any time between January 1 and July 1 of the next calendar year following therequirements: effective date of this subsection in a form and manner prescribed by the Secretary of State;
(A) The election shall be made at the time of filing the fifth consecutive timely annual report, or, for any corporation, limited partnership, domestic limited liability company, or foreign limited liability company that has already satisfied the five-year timely filing requirement as of the Enr HB 5227 effective date of this subsection, at any time between January 1 and July 1 of the next calendar year following the effective date of this subsection in a form and manner prescribed by the Secretary of State;
The first biennial report shall be delivered to the Secretary Eng HB 5227 of State between January 1 and July 1 of the second calendar year following the calendar year in which the election is made, and every two years thereafter;
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(C) Biennial reports shall include the same information as the annual reports outlined in subsectionsubdivision (a)(2) of this sectionsubsection and shall be delivered in a form and manner prescribed by the Secretary of State.
If a biennial report does not contain the information required in subsectionsubdivision (a)(2) of this section,subsection, the Secretary of State shall promptly notify the reporting corporation, limited partnership, domestic limited liability company, or foreign limited liability company and return the report to it for correction.
If the report is corrected to contain the information required in subsectionsubdivision (a)(2) of this sectionsubsection and delivered to the Secretary of State within 60 days after the effective date of the notice, it is timely filed;
(D) After election of biennial reporting, anyif failurea corporation, limited partnership, domestic limited liability company, or foreign limited liability company fails to timely file a biennial report or lossloses of good standing revokeswith the biennialSecretary reportingof election,State’s office, the option to file biennially may be revoked by the Secretary of State, and the corporation, limited partnership, domestic limited liability company, or foreign limited liability company must timely file annual reports for another five consecutive calendar years before making the election again;
and (E) Amendments to this section concerning the election of biennial reporting enacted into law during the Regular Legislative Session of the year 2026, shall take effect on July 1, 2026, and shall not forgive prior failures to file annual reports or pay annual fees previously due.
Enr HB 5227 (e) Annual or biennial reports and fees due by June 30.
Eng HB 5227 (g)(1) Duty to pay.
——Each It is the duty of each corporation, limited partnership, limited liability company, and foreign limited liability company requiredshall to pay the annual or biennial report fees imposed under this article to remit them with a properly completed annual or biennial report to the Secretary of State, and if it fails to do so it is subject to the late fees prescribed in subsection (h) of this section and dissolution or revocation, pursuant to this code:
— If any corporation, limited partnership, limited liability company, or foreign limited liability company submits payment by check or money order for the annual or biennial report fee imposed under this article and the check, or money order, or automatic bank transfer is rejected or declined because there are insufficient funds in the account, an invalid account number is provided, or the account is closed, or for any other reason, the Secretary of State shall assess a bad check fee to the corporation, limited partnership, limited liability company, or foreign limited liability company that is equivalent to the service charge paid by the Secretary of State due to the rejected check or money order not exceeding an amount equal to $5 plus any amount passed on from a financial institution on a drawer or indorser.
The bad check fee assessed under this Enr HB 5227 subdivision shall be deposited into the account or accounts from which the Secretary of State paid the service charge.
— The Secretary of State shall assess upon each corporation, limited partnership, limited liability company, and foreign limited liability company delinquent in the Eng HB 5227 payment of an annual or biennial report fee or the filing of an annual or biennial report an administrative late fee in the amount of $50 for an annual delinquency and $100 for a biennial delinquency.
(3) With respect to any fees collected under this section, the Secretary of State may waive or reduce an administrative late fee if the delinquency in the payment of an annual or biennial report fee or the filing of an annual or biennial report is determined by the Secretary of State to have been caused by circumstances beyond the control of the filer or the filer’s agent.
Enr HB 5227 (B) The weight and sufficiency of the evidence supporting the request to waive or reduce the late fee for the late filing or payment;
and (D) Any other factor deemedconsidered by the Secretary of StateState. to be relevant.
suspension, cancellationcancellation, or withholding of business registration certificate.
— Eng HB 5227 (1) The Secretary of State shall, within 20 days after the close of each month, make a report to the Tax Commissioner for the preceding month, in which he or she shall set out the name of every business entity to which he or she issued a certificate to conduct business in the State of West Virginia during that month.
If the Secretary of State fails to make the report, it is the duty of the Tax Commissioner toshall report suchthe failure to the Governor.
A writ of mandamus lies for correction of suchthe failure.
(2) Notwithstanding any other provision of this code to the contrary, upon receipt of notice from the Secretary of State that a corporation, limited partnership, limited liability company, and foreign limited liability company is more than 30 days delinquent in the payment of annual or biennial report fees or in the filing of an annual or biennial report required by this section, or if a corporation, limited partnership, limited liability company, or foreign limited liability company which elected for biennial reporting under subdivision (d)(3) of this section is more than 60 days delinquent in the payment of biennial report fees or in the filing of a biennial report required by this section, the Tax Commissioner may suspend, cancel, or withhold a business registration certificate issued to or applied for by the delinquent corporation, limited partnership, limited liability company, or foreign limited liability company until the same is paid and filed in the manner Enr HB 5227 provided for the suspension, cancellation, or withholding of business registration certificates for other reasons under §11-12-1 et seq.
The fees received by the Secretary of State pursuant to this subsection shall be deposited Eng HB 5227 by the Secretary of State in the generalGeneral administrativeAdministrative feesFees accountAccount established by §59-1-2 of this code.
Provided, That a veteran-owned business or an active-dutyactive- duty member-owned business is not exempt from any filing deadlines or other fees required by this section.
(1) Logotype — No later than 60July days1, after2026, the effective date of this subsection, the Secretary of State shall develop and design an official veteran-owned business logotype to be used by a veteran-owned business.
(A)(1) The logotype shall not include any language that may be construed as an endorsement by the State and shall only indicate that the business is a veteran-owned business.
(B)(2) No later than 90 days after the effective date of this subsection, the Secretary of State shall develop an application for which a veteran-owned business may apply to use the logotype.
(C)Enr HB 5227 (3) The Secretary of State shall develop guidelines with the criteria to establish veteran- owned status of businesses applying for the logotype.
(D)(4) The Secretary of State may provide a space on the application where an applicant may voluntarily make a contribution of any amount to be deposited into the West Virginia Veterans’ Home Loan Mortgage Fund.
Eng(5) HB 5227 (E) No later than 60 days after the creation of a logotype under this subsection, the Secretary of State shall post a notice that:
(i)(1) The logotype under this subsection is available for use by an approved veteran-owned business;
and (ii)(2) Includes instructions on how to complete and submit an application.
and Enr HB 5227 (3) On each fee schedule page, the following disclosure in 12-point bold font:
Eng HB 5227 (p) Any person who violates subsection (o) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined up to $1,000 for each noncompliant solicitation, or confined in jail for a period of up to one year, or both fined and confined.
(r) Amendments to this section concerning the election of biennial reporting enacted into law during the Regular Legislative Session of the year 2026, shall take effect on July 1, 2026, and shall not forgive prior failures to file annual reports or pay annual fees previously due.
12Enr HB 5227 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the House of Delegates ...............................................................
Clerk of the Senate Originated in the House of Delegates.
In effect July 1, 2026.
...............................................................
Speaker of the House of Delegates ...............................................................
President of the Senate __________ The within is ................................................
this the...........................................
Day of ..........................................................................................................., 2026.
.............................................................
Governor 13
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- Introduced Introduced Version pdf
Action History
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Filed for introduction
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To Judiciary
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Introduced in House
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To House Judiciary
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To House Legal Services
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To House Judiciary
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Markup Discussion
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Do pass
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On 1st reading, Special Calendar
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Read 1st time
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On 2nd reading, Special Calendar
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Read 2nd time
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Amendment reported by the Clerk
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Amendment adopted (Voice vote)
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On 3rd reading, Special Calendar
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Read 3rd time
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Passed House (Roll No. 208)
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Communicated to Senate
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Introduced in Senate
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To Judiciary
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To Judiciary
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Reported do pass, with amendment and title amendment
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On 1st reading
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Read 1st time
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On 2nd reading
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Read 2nd time
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Committee amendment adopted (Voice vote)
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On 3rd reading
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Read 3rd time
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Passed Senate with amended title (Roll No. 380)
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Effective July 1, 2026 (Roll No. 381)
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Senate requests House to concur
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House received Senate message
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House concurred in Senate amendment and passed bill (Roll No. 382)
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House concurred in Senate effective date (Roll No. 383)
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Communicated to Senate
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Completed legislative action
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House Message received
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To Governor 3/11/2026
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To Governor 3/11/2026 - Senate Journal
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Approved by Governor 4/1/2026 - Senate Journal
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Approved by Governor 4/1/2026 - House Journal
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Approved by Governor 4/1/2026
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Chapter 167, Acts, Regular Session, 2026
Sponsors
- Joe Funkhouser · Primary
- Erica Moore · Cosponsor
- Rick Hillenbrand · Cosponsor
- Bill Ridenour · Cosponsor
- Scot C. Heckert · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 4 co-sponsors · 147 not signed on
Sponsors (1)
- Joe Funkhouser Republican
Co-sponsors (4)
- Erica Moore Republican
- Rick Hillenbrand Republican
- Bill Ridenour Republican
- Scot C. Heckert 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.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 82 | 0 | 0 | 6 |
| Democrat | 8 | 0 | 0 | 1 |
| Unaffiliated | 2 | 0 | 0 | 1 |
| Total | 92 | 0 | 0 | 8 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Flanigan | — | Yea |
| Linville | — | Yea |
| Kump | — | Not Voting |
| 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 | Not Voting |
| Adam Burkhammer | Republican | Not Voting |
| Adam Vance | Republican | Not Voting |
| Andy Shamblin | Republican | Yea |
| Betsy Kelly | Republican | Yea |
| Bill Bell | Republican | Yea |
| Bill Ridenour | Republican | Yea |
| Bob Fehrenbacher | Republican | Yea |
| Bryan Smith | Republican | Not Voting |
| Bryan Ward | Republican | Not Voting |
| Carl "Bill" Roop | Republican | Not Voting |
| 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 |
| Gregory A. Watt | Republican | Yea |
| Guy Ward | 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 Jordan | 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 | 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 |
| 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
- What does HB 5227 do?
- Relating to Secretary of State annual reports, fees, and veteran-owned business logotypes
- Who sponsors HB 5227?
- HB 5227 is sponsored by Joe Funkhouser (Republican), Erica Moore (Republican), Rick Hillenbrand (Republican), Bill Ridenour (Republican), and Scot C. Heckert (Republican).
- What is the current status of HB 5227?
- This bill has been enacted into law. Introduced February 05, 2026. Enacted.
- Where can I track HB 5227?
- Track HB 5227 free on One Click Politics — get push/email alerts when it moves.
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