West Virginia 2018 Regular Session Status: To Executive

SB 343 — Limiting expenses in preparing list for notice to redeem

Last action — Vetoed by Governor 3/28/18

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

This bill died with 2018 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

26 added · 31 removed

Plain-language change summary

The updated version of Bill SB 343 increases the maximum reimbursement a purchaser can receive for expenses related to preparing redemption notices and title examinations from $200 to $500. This change is significant as it allows purchasers to cover higher costs associated with the redemption process, which can be crucial for their financial recovery. Additionally, it ensures that expenses incurred are fairly compensated, potentially encouraging more participation among purchasers in the real estate market.

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NEWS RELEASES HELPFUL LINKS Introduced Version « Senate Bill 343 History OTHER VERSIONS  —  Enrolled Version - Final Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 343 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Introduced Senate Bill 343 By Senator Sypolt [Introduced January 23, 2018;
Red = new code to be enacted WEST virginia legislature regular session Enrolled Senate Bill 343 By Senator Sypolt [Passed March 5, 2018;
Referred to the Committee on Government Organization] A BILL to amend and reenact §11A-3-58 of the Code of West Virginia, 1931, as amended, relating to limiting expenses incurred in preparing notice to redeem, including title examination, to $500.
in effect 90 days from passage] AN ACT to amend and reenact §11A-3-58 of the Code of West Virginia, 1931, as amended, relating to distributions to purchasers after land has been redeemed;
and increasing the amount of expenses that may be paid to a purchaser for expenses incurred in preparing the list of those to be served with notice to redeem and title examination to $500.
(3) such additional expenses as may have been incurred in preparing the list of those to be served with notice to redeem, and any title examination incident thereto, with interest at the rate of one percent per month from the date of payment, but the amount which shall be paid, excluding said interest, for such expenses incurred for the preparation of the list of those to be served with notice to redeem required by §11A-3-52 of this code, and any title examination incident thereto, shall not exceed $200 $500;
(3) such additional expenses as may have been incurred in preparing the list of those to be served with notice to redeem, and any title examination incident thereto, with interest at the rate of one percent per month from the date of payment, but the amount which shall be paid, excluding said interest, for such expenses incurred for the preparation of the list of those to be served with notice to redeem required by §11A-3-52 of this code, and any title examination incident thereto, shall not exceed $500;
(c) Where, pursuant to §11A-3-56 of this code, the deputy commissioner has not received from the purchaser satisfactory proof of the expenses incurred in preparing the notice to redeem, and any title examination incident thereto, in the form of receipts or other evidence thereof, and therefore received from the purchaser as required by §11A-3-56 and delivered to the sheriff the sum of $200 $500, plus interest thereon at the rate of one percent per month from the date of the sale to the date of redemption, and the sheriff has not received from the purchaser such satisfactory proof of such expenses within 30 days from the date of notification, the sheriff shall refund such amount to the person redeeming and the purchaser is barred from any claim thereto.
(c) Where, pursuant to §11A-3-56 of this code, the deputy commissioner has not received from the purchaser satisfactory proof of the expenses incurred in preparing the notice to redeem, and any title examination incident thereto, in the form of receipts or other evidence thereof, and therefore received from the purchaser as required by §11A-3-56 of this code and delivered to the sheriff the sum of $500, plus interest thereon at the rate of one percent per month from the date of the sale to the date of redemption, and the sheriff has not received from the purchaser such satisfactory proof of such expenses within 30 days from the date of notification, the sheriff shall refund such amount to the person redeeming and the purchaser is barred from any claim thereto.
Where, pursuant to §11A-3-56 of this code, the deputy commissioner has received from the purchaser and therefore delivered to the sheriff said sum of $200 $500, plus interest thereon at the rate of one percent per month from the date of the sale to the date of redemption, and the purchaser provides the sheriff within 30 days from the date of notification such satisfactory proof of such expenses, and the amount of such expenses is less than the amount paid by the person redeeming, the sheriff shall refund the difference to the person redeeming.
Where, pursuant to §11A-3-56 of this code, the deputy commissioner has received from the purchaser and therefore delivered to the sheriff said sum of $500, plus interest thereon at the rate of one percent per month from the date of the sale to the date of redemption, and the purchaser provides the sheriff within 30 days from the date of notification such satisfactory proof of such expenses, and the amount of such expenses is less than the amount paid by the person redeeming, the sheriff shall refund the difference to the person redeeming.
  NOTE:
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The purpose of this bill is to limit expenses in preparing list for notice to redeem, including title examination, to $500.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.
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Action History

  1. Vetoed by Governor 3/28/18

  2. Vetoed by Governor 3/28/18 - Senate Journal

  3. Vetoed by Governor 3/28/18 - House Journal

  4. To Governor 3/9/18 - House Journal

  5. To Governor 3/9/18

  6. Completed legislative action

  7. Communicated to House

  8. Passed Senate (Roll No. 343)

  9. Senate concurred in House title amendment (Voice vote)

  10. House Message received

  11. Communicated to Senate

  12. Title amendment adopted (Voice vote)

  13. Passed House (Roll No. 297)

  14. Read 3rd time

  15. On 3rd reading, Special Calendar

  16. Read 2nd time

  17. On 2nd reading, Special Calendar

  18. Read 1st time

  19. On 1st reading, Special Calendar

  20. Do pass

  21. To House Judiciary

  22. To Judiciary

  23. Introduced in House

  24. Ordered to House

  25. Passed Senate (Roll No. 63)

  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. Reported do pass

  33. To Government Organization

  34. Introduced in Senate

  35. To Government Organization

  36. Filed for introduction

Sponsors

  • Sypolt · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on · 2 voted No

Sponsors (1)

  • Sypolt

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 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 31000
Republican 3000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
MANN — Yea
ARVON — Yea
GAUNCH — Yea
RUCKER — Yea
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
KARNES — Yea
STOLLINGS — Yea
BEACH — 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

Official roll call →

PASSAGE

Passed 92 Yea · 4 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 65302
Republican 24101
Democrat 3001
Total 92404
% of votes cast 92%4%0%4%
How each member voted (100)
Member Party Vote
Lane — Yea
Romine, C. — Yea
Atkinson — Yea
Deem — Not Voting
Ferro — Yea
Frich — Nay
Longstreth — Yea
Lynch — Nay
Rodighiero — Yea
Storch — Not Voting
Romine, R. — Yea
Blair — Yea
Foster — Yea
Martin — Yea
Maynard — Yea
Sypolt — Yea
Hartman — Yea
Thompson — Yea
Nelson — Yea
Walters — Yea
Diserio — Yea
Phillips — Yea
Evans, A. — Yea
Evans, E. — Yea
Brewer — Yea
Canestraro — Yea
Capito — Yea
Cowles — Yea
Folk — Yea
Hamrick — Yea
Harshbarger — Yea
Hicks — Yea
Hill — Yea
Hollen — Yea
Iaquinta — Yea
Love — Yea
Overington — Yea
Pack — Yea
Paynter — Yea
Pethtel — Yea
Rowan — Yea
Shott — Yea
Sponaugle — Yea
Summers — Yea
Upson — Yea
Wagner — Yea
Speaker Armstead — Yea
Ambler — Yea
Bates — Yea
Boggs — Yea
Byrd — Yea
Caputo — Yea
Espinosa — Yea
Fast — Yea
Fleischauer — Yea
Graves — Yea
Higginbotham — Yea
Householder — Yea
Isner — Yea
Kessinger — Yea
Lovejoy — Yea
Marcum — Nay
Miley — Yea
Moye — Yea
Pyles — Yea
Robinson — Yea
Rowe — Yea
Sobonya — Yea
Westfall — Yea
Wilson — Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Not Voting
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 Nay

Official roll call →

Passage

Passed 32 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 31000
Republican 1101
Total 32101
% of votes cast 94%3%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 — 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 Not Voting
Mike Azinger Republican Nay
Sarah Drennan Republican Yea

Official roll call →

Subjects

taxation
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Frequently asked questions

Who sponsors SB 343?
SB 343 is sponsored by Sypolt.
What is the current status of SB 343?
This bill died with 2018 Regular Session. It reached “To Executive” 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 343?
Track SB 343 free on One Click Politics — get push/email alerts when it moves.

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