Authorizing DHHR promulgate legislative rules
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SB 165 — Authorizing DHHR promulgate legislative rules
Last action — Chapter 142, Acts, Regular Session, 2018
No card. One bill, free forever — alerts when it moves.
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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 January 11, 2018. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 3 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
76 added · 80 removedPlain-language change summary
The revised version of SB 165 expands the authority of the Department of Health and Human Resources to establish various rules related to health and safety, including those for hospitals, food establishments, public water systems, and emergency medical services. Previously, the bill only focused on hospital licensure. This broader scope matters because it allows for more comprehensive regulation of health-related services in West Virginia, which can help ensure better public safety and health standards across several sectors.
NEWS RELEASES HELPFUL LINKS EnrolledSB165 VersionSUB1 - Final Version « Senate Bill 165 History OTHER VERSIONS — CommitteeEnrolled SubstituteVersion (1)- Final Version | Introduced Version | | Email Key:
Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 165 By Senator Maynard,Maynard original[Originating sponsorin [Passedthe FebruaryCommittee 19,on 2018;the Judiciary;
inreported effecton fromJanuary passage]25, 2018] ANA ACTBILL to amend and reenact §64-5-1 and §64-5-2 of the Code of West Virginia, 1931, as amended, relating generally to authorizing various health agencies to promulgate certain legislative rules as filed, modified, and amended by the Legislature;legislature;
authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to food establishments;
(b) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §16-1-9a§16-6-2 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 25, 2017, relating to the Department of Health and Human Resources (public(food waterestablishments, systems,64 CSR 3),17), is authorizedauthorized. with the following amendment:
(c) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §16-1-9a of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 25, 2017, relating to the Department of Health and Human Resources (public water systems, CSR 3), is authorized with the following amendment:
A public water system shall identify in its annual report to the Bureau the date and time of each instance where the fluoride levels were found to be outside the target range and how long it took to implement responsive adjustments.adjustments (d) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §16-4C-6 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 11, 2017, relating to the Department of Health and Human Resources (emergency medical services, 64 CSR 48), is authorized.
(c)(e) The legislative rule filed in the State Register on July 28,27, 2017, authorized under the authority of §16-4C-6§16-49-9 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 11, 2017, relating to the Department of Health and Human Resources (emergency(West medicalVirginia services,clearance 64for CSRaccess: 48), is authorized.
(d) The legislative rule filed in the State Register on July 27, 2017, authorized under the authority of §16-49-9 of this code, relating to the Department of Health and Human Resources (West Virginia clearance for access:
(e)(f) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §16-53-3 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 25, 2017, relating to the Department of Health and Human Resources (development of methodologies to examine needs for substance use disorder treatment facilities within the state, 69 CSR 13), is authorizedauthorized. with the following amendments:
On(g) pageThe two,legislative subdivisionrule 2.6,filed in the State Register on July 28, 2017, authorized under the authority of §16-5T-5 of this code, modified by strikingthe outDepartment of Health and Human Resources to meet the wordobjections “six”of the Legislative Rule-Making Review Committee and insertingrefiled in lieuthe thereofState Register on December 11, 2017, relating to the wordDepartment “seven”;of Health and Human Resources (collection and exchange of data related to overdoses, 69 CSR 14), is authorized.
On (h) pageThe two,legislative rule filed in subdivisionthe 2.6.c,State Register on July 27, 2017, authorized under the authority of §49-2-121 of this code, modified by strikingthe outDepartment “Roane,”;of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 4, 2017, relating to the Department of Health and Human Resources (child care centers licensing, 78 CSR 1), is authorized.
On(i) pageThe two,legislative rule filed in subdivisionthe 2.6.e,State Register on July 28, 2017, authorized under the authority of §49-2-121 of this code, modified by strikingthe outDepartment “Kanawha,”of Health and “Clay,”;Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 4, 2017, relating to the Department of Health and Human Resources (family child care facility licensing requirements, 78 CSR 18), is authorized.
On(j) pageThe two,legislative rule filed in subdivisionthe 2.6.f,State byRegister strikingon outJuly “Fayette,”27, 2017, authorized under the authority of §49-2-121 of this code, relating to the Department of Health and “Nicholas,”;Human Resources (family child care home registration requirements, 78 CSR 19), is authorized.
and (k) OnThe pagelegislative two,rule followingfiled subdivisionin 2.6.f,the creatingState aRegister newon subdivisionJuly 28, 2017, authorized under the authority of §49-2-121 of this code, modified by insertingthe Department of Health and Human Resources to meet the following:objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 11, 2017, relating to the Department of Health and Human Resources (informal and relative family child care home registration requirements, 78 CSR 20), is authorized.
“2.6.g.(l) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §49-2-121 of this code, relating to the Department of Health and Human Resources (out-of-school-time child care center licensing requirements, 78 CSR 21), is authorized.
Region(m) 7:The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §9-3-6 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 11, 2017, relating to the Department of Health and Human Resources (pilot program for drug screening of applicants for cash assistance, 78 CSR 26), is authorized.
Clay,(n) Fayette,The Kanawha,legislative Nicholas,rule effective on October 10, 2013, authorized under the authority of §16-1-4 of this code, relating to the Department of Health and RoaneHuman counties.”.Resources (regulation of opioid treatment programs, 69 CSR 7), is repealed.
(f) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §16-5T-5 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 11, 2017, relating to the Department of Health and Human Resources (collection and exchange of data related to overdoses, 69 CSR 14), is authorized.
(g) The legislative rule filed in the State Register on July 27, 2017, authorized under the authority of §49-2-121 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 4, 2017, relating to the Department of Health and Human Resources (child care centers licensing, 78 CSR 1), is authorized.
(h) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §49-2-121 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 4, 2017, relating to the Department of Health and Human Resources (family child care facility licensing requirements, 78 CSR 18), is authorized.
(i) The legislative rule filed in the State Register on July 27, 2017, authorized under the authority of §49-2-121 of this code, relating to the Department of Health and Human Resources (family child care home registration requirements, 78 CSR 19), is authorized.
(j) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §49-2-121 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 11, 2017, relating to the Department of Health and Human Resources (informal and relative family child care home registration requirements, 78 CSR 20), is authorized.
(k) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §49-2-121 of this code, relating to the Department of Health and Human Resources (out-of-school-time child care center licensing requirements, 78 CSR 21), is authorized.
(l) The legislative rule filed in the State Register on July 28, 2017, authorized under the authority of §9-3-6 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 11, 2017, relating to the Department of Health and Human Resources (pilot program for drug screening of applicants for cash assistance, 78 CSR 26), is authorized.
(m) The legislative rule effective on October 10, 2013, authorized under the authority of §16-1-4 of this code, relating to the Department of Health and Human Resources (regulation of opioid treatment programs, 69 CSR 7), is repealed.
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View plain text versions (3)
- Committee Substitute View text html
- Committee Substitute Enrolled Committee Substitute Current html
- Introduced Introduced Version html
Action History
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Chapter 142, Acts, Regular Session, 2018
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Approved by Governor 2/27/18 - House Journal
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Approved by Governor 2/27/18
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To Governor 2/23/18 - House Journal
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To Governor 2/23/18
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House received Senate message
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Completed legislative action
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Communicated to House
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Effective from passage (Roll No. 144)
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Senate concurred in House amendments and passed bill (Roll No. 144)
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House Message received
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Communicated to Senate
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Effective from passage (Roll No. 129)
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Title amendment adopted (Voice vote)
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Passed House (Roll No. 128)
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Read 3rd time
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On 3rd reading, Special Calendar
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Committee amendment adopted (Voice vote)
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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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With amendment, do pass
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To House Judiciary
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To Judiciary
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Introduced in House
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Ordered to House
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Effective from passage (Roll No. 30)
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Passed Senate (Roll No. 30)
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Read 3rd time
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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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Committee substitute reported
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To Judiciary
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Reported do pass, but first to Judiciary
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To Health and Human Resources
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Introduced in Senate
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To Health and Human Resources then Judiciary
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Filed for introduction
Sponsors
- Maynard · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 151 not signed on · 1 voted No
Sponsors (1)
- Maynard
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 25 | 0 | 0 | 1 |
| Unaffiliated | 67 | 0 | 0 | 3 |
| Democrat | 4 | 0 | 0 | 0 |
| Total | 96 | 0 | 0 | 4 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Maynard | — | Yea |
| Hamrick | — | Yea |
| Sponaugle | — | Yea |
| Romine, C. | — | Not Voting |
| Lane | — | Yea |
| Romine, R. | — | Yea |
| Foster | — | Yea |
| Blair | — | Yea |
| Martin | — | Yea |
| Atkinson | — | Yea |
| Bates | — | Yea |
| Boggs | — | Yea |
| Brewer | — | Yea |
| Fast | — | Yea |
| Folk | — | Yea |
| Frich | — | Yea |
| Isner | — | Not Voting |
| Kessinger | — | Yea |
| Love | — | Yea |
| Lovejoy | — | Yea |
| Marcum | — | Yea |
| Robinson | — | Yea |
| Rowan | — | Yea |
| Rowe | — | Yea |
| Shott | — | Yea |
| Capito | — | Yea |
| Caputo | — | Yea |
| Sypolt | — | Yea |
| Hartman | — | Yea |
| Thompson | — | Yea |
| Nelson | — | Yea |
| Walters | — | Yea |
| Diserio | — | Yea |
| Phillips | — | Yea |
| Evans, A. | — | Yea |
| Evans, E. | — | Yea |
| Speaker Armstead | — | Yea |
| Espinosa | — | Yea |
| Harshbarger | — | Yea |
| Higginbotham | — | Yea |
| Hill | — | Yea |
| Householder | — | Yea |
| Iaquinta | — | Yea |
| Miley | — | Yea |
| Overington | — | Yea |
| Paynter | — | Yea |
| Pethtel | — | Yea |
| Pyles | — | Yea |
| Storch | — | Yea |
| Upson | — | Yea |
| Wagner | — | Yea |
| Ambler | — | Yea |
| Byrd | — | Yea |
| Canestraro | — | Yea |
| Cowles | — | Not Voting |
| Deem | — | Yea |
| Ferro | — | Yea |
| Fleischauer | — | Yea |
| Graves | — | Yea |
| Hicks | — | Yea |
| Hollen | — | Yea |
| Longstreth | — | Yea |
| Lynch | — | Yea |
| Moye | — | Yea |
| Pack | — | Yea |
| Rodighiero | — | Yea |
| Sobonya | — | Yea |
| Summers | — | Yea |
| Westfall | — | 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 | Not Voting |
| 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 | Yea |
| Roger Hanshaw | Republican | Yea |
| Roy Cooper | Republican | Yea |
| Stanley Adkins | Republican | Yea |
| Vernon Criss | Republican | Yea |
| William Anderson | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 65 | 2 | 0 | 3 |
| Democrat | 3 | 1 | 0 | 0 |
| Republican | 25 | 0 | 0 | 1 |
| Total | 93 | 3 | 0 | 4 |
| % of votes cast | 93% | 3% | 0% | 4% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Romine, C. | — | Not Voting |
| Fast | — | Yea |
| Isner | — | Not Voting |
| Kessinger | — | Yea |
| Atkinson | — | Yea |
| Lane | — | Yea |
| Romine, R. | — | Yea |
| Foster | — | Yea |
| Blair | — | Yea |
| Martin | — | Yea |
| Bates | — | Yea |
| Ferro | — | Yea |
| Folk | — | Yea |
| Frich | — | Yea |
| Love | — | Yea |
| Lynch | — | Yea |
| Marcum | — | Yea |
| Shott | — | Yea |
| Sobonya | — | Yea |
| Walters | — | Nay |
| Brewer | — | Yea |
| Byrd | — | Yea |
| Canestraro | — | Yea |
| Capito | — | Yea |
| Hamrick | — | Yea |
| Harshbarger | — | Yea |
| Hicks | — | Yea |
| Overington | — | Yea |
| Sponaugle | — | Yea |
| Storch | — | Yea |
| Summers | — | Yea |
| Upson | — | Yea |
| Wagner | — | Yea |
| Maynard | — | Yea |
| Sypolt | — | Yea |
| Thompson | — | Yea |
| Hartman | — | Yea |
| Nelson | — | Yea |
| Diserio | — | Yea |
| Phillips | — | Yea |
| Speaker Armstead | — | Yea |
| Evans, A. | — | Yea |
| Evans, E. | — | Yea |
| Espinosa | — | Yea |
| Hill | — | Yea |
| Hollen | — | Yea |
| Householder | — | Yea |
| Pack | — | Yea |
| Paynter | — | Yea |
| Pethtel | — | Yea |
| Pyles | — | Yea |
| Robinson | — | Yea |
| Wilson | — | Yea |
| Ambler | — | Yea |
| Boggs | — | Yea |
| Caputo | — | Yea |
| Cowles | — | Not Voting |
| Deem | — | Yea |
| Fleischauer | — | Yea |
| Graves | — | Yea |
| Higginbotham | — | Yea |
| Iaquinta | — | Yea |
| Longstreth | — | Nay |
| Lovejoy | — | Yea |
| Miley | — | Yea |
| Moye | — | Yea |
| Rodighiero | — | Yea |
| Rowan | — | Yea |
| Rowe | — | Yea |
| Westfall | — | Yea |
| John Williams | Democrat | Yea |
| Mike Pushkin | Democrat | Nay |
| 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 | Not Voting |
| 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 | Yea |
| Roger Hanshaw | Republican | Yea |
| Roy Cooper | Republican | Yea |
| Stanley Adkins | Republican | Yea |
| Vernon Criss | Republican | Yea |
| William Anderson | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 31 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 34 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 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 | — | 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 |
Subjects
Frequently asked questions
- Who sponsors SB 165?
- SB 165 is sponsored by Maynard.
- What is the current status of SB 165?
- This bill has been enacted into law. Introduced January 11, 2018. Enacted.
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