West Virginia 2018 Regular Session Status: Enacted

SB 412 — Relating to authority of county litter control officers

Last action — Chapter 51, Acts, Regular Session, 2018

  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 29, 2018. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

65 added · 65 removed

Plain-language change summary

The updated bill SB 412 clarifies the language regarding the conditions that can render buildings unsafe or uninhabitable, specifically addressing both natural and human-caused hazards. It also emphasizes the responsibilities of local enforcement agencies when assessing properties for public safety concerns. Additionally, the provision about conducting examinations on properties now ensures minimal inconvenience to residents. These changes are significant as they aim to improve public health and safety measures while protecting the rights of individuals affected by these assessments.

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NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 412 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS SB412 SUB1 « Senate Bill 412 History OTHER VERSIONS  —  Enrolled Version - Final Version  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 412 Senator Trump, original sponsor [Passed March 6, 2018;
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 412 By Senator Trump [Originating in the Committee on the Judiciary;
in effect 90 days from passage]     AN ACT to amend and reenact §7-1-3ff of the Code of West Virginia, 1931, as amended;
Reported on February 19, 2018]     A BILL to amend and reenact §7-1-3ff of the Code of West Virginia, 1931, as amended;
(a) Plenary power and authority are hereby conferred upon every county commission to adopt ordinances regulating the repair, alteration, or improvement, or the vacating and closing or removal or demolition, or any combination thereof, of any dwellings or other buildings, except for buildings used for farm purposes on land actually being used for farming, unfit for human habitation due to dilapidation, defects increasing the hazard of fire, accidents, or other calamities, lack of ventilation, light or sanitary facilities, or any other conditions prevailing in any dwelling or building, whether used for human habitation or not, which would cause the dwellings or other buildings to be unsafe, unsanitary, dangerous, or detrimental to the public safety or welfare, whether the result of natural or manmade force or effect.
(a) Plenary power and authority are hereby conferred upon every county commission to adopt ordinances regulating the repair, alteration, or improvement, or the vacating and closing or removal or demolition, or any combination thereof, of any dwellings or other buildings, except for buildings utilized used for farm purposes on land actually being used for farming, unfit for human habitation due to dilapidation, defects increasing the hazard of fire, accidents, or other calamities, lack of ventilation, light or sanitary facilities, or any other conditions prevailing in any dwelling or building, whether used for human habitation or not, which would cause the dwellings or other buildings to be unsafe, unsanitary, dangerous, or detrimental to the public safety or welfare, whether the result of natural or manmade force or effect.
Nothing in this subsection supersedes the authority or duty of the Department of Environmental Protection or other law-enforcement officers to preserve law and order and enforce the litter control program.
 Nothing in this subsection supersedes the authority or duty of the Department of Environmental Protection or other law-enforcement officers to preserve law and order and enforce the litter control program.
Any entrance upon premises for the purpose of making examinations shall be made in a manner that causes the least possible inconvenience to the persons in possession.
Any entrance upon premises for the purpose of making examinations shall be made in a manner as to cause that causes the least possible inconvenience to the persons in possession.
or any other conditions prevailing in the dwelling or building, whether used for human habitation or not and whether the result of natural or manmade force or effect, which would cause the dwelling or other building to be unsafe, unsanitary, dangerous, or detrimental to the public safety or welfare;
or any other conditions prevailing in the dwelling or building, whether used for human habitation or not and whether the result of natural or manmade force or effect, which would cause such the dwelling or other building to be unsafe, unsanitary, dangerous, or detrimental to the public safety or welfare;
(i) County commissions may receive and accept grants, subsidies, donations, and services in kind consistent with the objectives of this section.
(i) County commissions have the power and authority to may receive and accept grants, subsidies, donations, and services in kind consistent with the objectives of this section.
article 29.
article 29.  law-enforcement training and certification.
law-enforcement training and certification.
The term also includes those persons employed as county litter control officers charged with enforcing litter laws:
The term also includes those persons employed as county litter control officers charged with enforcing litter laws:  Provided, That those persons have been trained and certified as law-enforcement officers and that certification is currently active.  The term also includes those persons employed as rangers by resort area districts in accordance with the provisions of §7-25-23 of this code, although no resort area district may be considered a law-enforcement agency:
Provided, That those persons have been trained and certified as law-enforcement officers and that certification is currently active.
The term also includes those persons employed as rangers by resort area districts in accordance with the provisions of §7-25-23 of this code, although no resort area district may be considered a law-enforcement agency:
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Action History

  1. Chapter 51, Acts, Regular Session, 2018

  2. Approved by Governor 3/27/18

  3. To Governor 3/14/18

  4. Approved by Governor 3/27/18 - Senate Journal

  5. Approved by Governor 3/14/18 - House Journal

  6. To Governor 3/14/18 - House Journal

  7. To Governor 3/14/18 - Senate Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Passed House (Roll No. 344)

  12. Read 3rd time

  13. On 3rd reading, Special Calendar

  14. Read 2nd time

  15. On 2nd reading, Special Calendar

  16. Read 1st time

  17. On 1st reading, Special Calendar

  18. Do pass

  19. To House Judiciary

  20. Do pass, but first to Judiciary

  21. To House Government Organization

  22. To Government Organization then Judiciary

  23. Introduced in House

  24. Ordered to House

  25. Passed Senate (Roll No. 168)

  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. Committee substitute reported

  33. To Judiciary

  34. Reported do pass, but first to Judiciary

  35. To Government Organization

  36. Introduced in Senate

  37. To Government Organization then Judiciary

  38. Filed for introduction

Sponsors

  • Trump · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on · 1 voted No

Sponsors (1)

  • Trump

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 · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69001
Republican 25100
Democrat 4000
Total 98101
% of votes cast 98%1%0%1%
How each member voted (100)
Member Party Vote
Lane — Yea
Romine, C. — Yea
Romine, R. — Yea
Foster — Yea
Blair — Yea
Martin — Yea
Maynard — Yea
Sypolt — Yea
Thompson — Yea
Hartman — Yea
Atkinson — Yea
Bates — Yea
Boggs — Yea
Byrd — Yea
Capito — Yea
Deem — Not Voting
Ferro — Yea
Folk — Yea
Frich — Yea
Graves — Yea
Harshbarger — Yea
Longstreth — Yea
Love — Yea
Lynch — Yea
Marcum — Yea
Rowan — Yea
Rowe — Yea
Shott — Yea
Sponaugle — Yea
Storch — Yea
Summers — Yea
Upson — Yea
Nelson — Yea
Walters — Yea
Diserio — Yea
Phillips — Yea
Speaker Armstead — Yea
Evans, A. — Yea
Evans, E. — Yea
Cowles — Yea
Espinosa — Yea
Hicks — Yea
Higginbotham — Yea
Hollen — Yea
Householder — Yea
Isner — Yea
Pack — Yea
Paynter — Yea
Pyles — Yea
Robinson — Yea
Rodighiero — Yea
Westfall — Yea
Ambler — Yea
Brewer — Yea
Canestraro — Yea
Caputo — Yea
Fast — Yea
Fleischauer — Yea
Hamrick — Yea
Hill — Yea
Iaquinta — Yea
Kessinger — Yea
Lovejoy — Yea
Miley — Yea
Moye — Yea
Overington — Yea
Pethtel — Yea
Sobonya — Yea
Wagner — Yea
Wilson — Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Yea
Guy Ward Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Nay
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Stanley Adkins Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 30001
Republican 3000
Total 33001
% of votes cast 97%0%0%3%
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 — Not Voting
BOSO — Yea
OJEDA — Yea
TRUMP — Yea
PALUMBO — Yea
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

public-safety environment
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 412?
SB 412 is sponsored by Trump.
What is the current status of SB 412?
This bill has been enacted into law. Introduced January 29, 2018. Enacted.
Where can I track SB 412?
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