West Virginia 2018 Regular Session Status: Passed Senate

SB 402 — Creating exemption from certain contract and common carrier laws for motor vehicles

Last action — To House Judiciary

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

29 added · 29 removed

Plain-language change summary

The updated version of SB 402 adds an exemption for motor vehicles used specifically for transporting railroad personnel, which was not included in the previous version. Additionally, the new bill clarifies that vehicles for various transportation services, such as Medicaid nonemergency medical transportation, are subject to safety rules set by the commission without mentioning insurance requirements. These changes are significant because they broaden the types of vehicles eligible for exemptions, potentially easing regulations for these specific transportation services while ensuring they still adhere to safety protocols.

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NEWS RELEASES HELPFUL LINKS SB402 SUB2 « Senate Bill 402 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS SB402 SUB1 « Senate Bill 402 History OTHER VERSIONS  —  Committee Substitute (2)  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Committee Substitute for Senate Bill 402 By Senators Gaunch and Boso [Originating in the Committee on Government Organization;
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 402 By Senators Gaunch and Boso [Originating in the Committee on Transportation and Infrastructure;
Reported on February 23, 2018]     A BILL to amend and reenact §24A-1-3 of the Code of West Virginia, 1931, as amended, relating to creating exemptions from contract and common carrier laws for certain motor vehicles.
Reported on February 14, 2018]     A BILL to amend and reenact §24A-1-3 of the Code of West Virginia, 1931, as amended, relating to creating an exemption from certain contract and common carrier laws for motor vehicles used exclusively for the transportation of railroad personnel.
PURPOSES, DEFINITIONS, AND EXEMPTIONS.
PURPOSES, DEFINITIONS AND EXEMPTIONS.
(2) Motor vehicles owned and operated by the United States of America, the State of West Virginia, or any county, municipality, or county board of education, urban mass transportation authority established and maintained pursuant to §8-27-1 et seq.
(2) Motor vehicles owned and operated by the United States of America, the State of West Virginia or any county, municipality, or county board of education, urban mass transportation authority established and maintained pursuant to §8-27-1 et seq.
of this code, or by any of their departments, and any motor vehicles operated under a contract with a county board of education exclusively for the transportation of children to and from school or other legitimate transportation for the schools as the commission may specifically authorize;
of this code or by any of their departments, and any motor vehicles operated under a contract with a county board of education exclusively for the transportation of children to and from school or other legitimate transportation for the schools as the commission may specifically authorize;
(9) Motor vehicles owned, leased by, or leased to any person and used exclusively for the transportation of processed source-separated recycled materials generated by commercial, institutional, and industrial customers, transported free of charge or by a nonprofit recycling cooperative association in accordance with §19-4-1(d)(1) §19-4-1(d) of this code from the customers to a facility for further processing:
(9) Motor vehicles owned, leased by, or leased to any person and used exclusively for the transportation of processed source-separated recycled materials generated by commercial, institutional and industrial customers, transported free of charge or by a nonprofit recycling cooperative association in accordance with §19-4-1(d)(1) §19-4-1(d) of this code from the customers to a facility for further processing:
(13) Motor vehicles used exclusively in the nonemergency medical transportation of Medicaid members by centers for independent living and by including those under contract with any broker authorized by the Bureau for Medical Services:
(13) Motor vehicles used exclusively in the nonemergency medical transportation of Medicaid members including those under contract with any broker authorized by the Bureau for Medical Services:
Provided, That these vehicles and their operators shall be subject to the safety and insurance rules promulgated by the commission;
Provided, That these vehicles and their operators shall be subject to the safety rules promulgated by the commission;
  NOTE:
NOTE:
The purpose of this bill is to create exemptions from certain contract and common carrier laws for motor vehicles used exclusively for the transportation of Medicaid members by centers for independent living and for the transportation of railroad personnel.
The purpose of this bill is to create an exemption from certain contract and common carrier laws for motor vehicles used exclusively for the transportation of railroad personnel.
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Action History

  1. To House Judiciary

  2. To Judiciary

  3. Introduced in House

  4. Ordered to House

  5. Passed Senate (Roll No. 231)

  6. Read 3rd time

  7. On 3rd reading

  8. Read 2nd time

  9. On 2nd reading

  10. Read 1st time

  11. On 1st reading

  12. Committee substitute for committee substitute reported

  13. To Government Organization

  14. Committee substitute reported, but first to Government Organization

  15. To Transportation and Infrastructure

  16. Introduced in Senate

  17. To Transportation and Infrastructure then Government Organization

  18. Filed for introduction

Sponsors

  • Boso · Cosponsor
  • Gaunch · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 150 not signed on

Sponsors (1)

  • Gaunch

Co-sponsors (1)

  • Boso

Not signed on (150)

150 members have not signed on to this bill.

Show all 150 →

"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 33 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 30100
Republican 3000
Total 33100
% of votes cast 97%3%0%0%
How each member voted (34)
Member Party Vote
ARVON — Yea
GAUNCH — Yea
RUCKER — Yea
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
KARNES — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Yea
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
OJEDA — Yea
TRUMP — Yea
PALUMBO — Nay
UNGER — Yea
CLINE — Yea
PLYMALE — Yea
WELD — Yea
PREZIOSO — Yea
WOELFEL — Yea
FACEMIRE — Yea
ROMANO — Yea
MR PRESIDENT — Yea
FERNS — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea
Sarah Drennan Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 402?
SB 402 is sponsored by Boso and Gaunch.
What is the current status of SB 402?
This bill died with 2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 402?
Track SB 402 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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