West Virginia 2018 Regular Session Status: Enacted

SB 498 — Creating two-year pilot program allowing all-terrain or recreational vehicles in Cabwaylingo State Forest

Last action — Chapter 169, Acts, Regular Session, 2018

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  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 February 07, 2018. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • 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

36 added · 35 removed

Plain-language change summary

The updated version of SB 498 now includes more specific language regarding the management of off-highway vehicles in Cabwaylingo State Forest. Key changes include granting the Director of the Division of Natural Resources the authority to close certain areas to public use and to potentially establish special seasons for vehicle access, with required permits for operation. This matters because it allows for better oversight and regulation of vehicle use in the forest, which can help protect natural resources while providing recreational opportunities. Additionally, it incorporates a requirement for a review by the Legislative Auditor, ensuring accountability in how the pilot project is implemented.

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NEWS RELEASES HELPFUL LINKS Introduced Version « Senate Bill 498 History OTHER VERSIONS  —  Enrolled Version - Final Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 498 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Introduced Senate Bill 498 By Senators Maynard, Stollings, and Plymale [Introduced February 7, 2018;
Red = new code to be enacted WEST virginia legislature regular session ENROLLED Senate Bill 498 By Senators Maynard, Stollings, and Plymale [Passed March 10, 2018;
Referred to the Committee on Natural Resources;
in effect 90 days from passage] AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-3-3a, relating to Cabwaylingo State Forest;
and then to the Committee on Government Organization] A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-3-3a, relating to Cabwaylingo State Forest;
creating a pilot project permitting all-terrain or off-highway recreational vehicles on designated roads and trails in Cabwaylingo State Forest;
creating a pilot project permitting all-terrain or recreational vehicles on designated roads and trails in Cabwaylingo State Forest;
permitting the Director of the Division of Natural Resources to designate roads, trails, and campgrounds and to close certain areas, or parts thereof, to public use in consultation with the Director of the Division of Forestry;
permitting the director to designate roads, trails, and campgrounds;
permitting the Director of the Division of Natural Resources to establish special season and permit in consultation with the Director of the Division of Forestry;
permitting the director to establish special season and permit;
making it unlawful to operate an all-terrain or off-highway vehicle on any road or trail in Cabwaylingo State Forest without such special permit, should one be created;
providing the Director of the Division of Natural Resources emergency and regular legislative rule-making authority;
(a) The director shall establish a two-year pilot project permitting all-terrain vehicles (ATVs) and off-highway recreational vehicles (ORVs) to drive on roads and trails in Cabwaylingo State Forest, as designated and approved by the director.  The director may establish special seasons and designate certain campgrounds and tent sites for ATV and ORV users in the forest.  (b) The director may establish a special permit for purchase by the ATV and ORV users for road and trail access, and may close any areas, or parts thereof, to public use.
(a) The director in consultation with the forestry director shall establish a two-year pilot project permitting all-terrain vehicles (ATVs) and off-highway recreational vehicles (ORVs) to drive on roads and trails in Cabwaylingo State Forest, as designated and approved by the director.  The director may establish special seasons and designate certain campgrounds and tent sites for ATV and ORV users in the forest.  (b) The director in consultation with the forestry director may establish a special permit for purchase by the ATV and ORV users for road and trail access, and may close any areas, or parts thereof, to public use.
  NOTE:
(e) The Director of the Division of Natural Resources shall have authority to promulgate emergency legislative rules and legislative rules necessary to effectuate the provisions of this section.
The purpose of this bill is to create a two-year pilot program permitting recreational vehicles on designated roads and trails in Cabwaylingo State Forest after purchase of special permits.  The bill also provides for designation of campgrounds and tent sites to be used by the ATV and ORV users.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Action History

  1. Chapter 169, Acts, Regular Session, 2018

  2. Approved by Governor 3/27/18

  3. To Governor 3/21/18

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

  5. Approved by Governor 3/27/18 - House Journal

  6. To Governor 3/21/18 - Senate Journal

  7. To Governor 3/21/18 - House Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Passed House (Roll No. 527)

  12. House concurred in Senate title amendment

  13. House received Senate message

  14. Senate requests House to concur

  15. Senate amends House amendment and passed bill (Roll No. 483)

  16. House Message received

  17. Communicated to Senate

  18. Passed House (Roll No. 408)

  19. Read 3rd time

  20. On 3rd reading, Special Calendar

  21. Amendment adopted (Voice vote)

  22. Read 2nd time

  23. On 2nd reading, Special Calendar

  24. Read 1st time

  25. On 1st reading, Special Calendar

  26. Do pass

  27. To House Government Organization

  28. With amendment, do pass, but first to Government Organization

  29. To House Agriculture and Natural Resources

  30. To Agriculture and Natural Resources then Government Organization

  31. Introduced in House

  32. Ordered to House

  33. Passed Senate (Roll No. 140)

  34. Read 3rd time

  35. On 3rd reading

  36. Read 2nd time

  37. On 2nd reading

  38. Read 1st time

  39. On 1st reading

  40. 2nd reference dispensed

  41. Senate reconsidered bill

  42. To Government Organization

  43. Reported do pass, but first to Government Organization

  44. To Natural Resources

  45. Introduced in Senate

  46. To Natural Resources then Government Organization

  47. Filed for introduction

Sponsors

  • Stollings · Cosponsor
  • Plymale · Cosponsor
  • Maynard · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 149 not signed on · 1 voted No

Sponsors (1)

  • Maynard

Co-sponsors (2)

  • Stollings
  • Plymale

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"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 93 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 64401
Republican 25100
Democrat 4000
Total 93501
% of votes cast 94%5%0%1%
How each member voted (99)
Member Party Vote
Lane — Yea
Martin — Nay
Evans, E. — Yea
Romine, C. — Yea
Romine, R. — Yea
Blair — Yea
Foster — Yea
Maynard — Yea
Sypolt — Yea
Thompson — Yea
Atkinson — Yea
Bates — Yea
Boggs — Yea
Byrd — Yea
Fast — Yea
Ferro — Yea
Folk — Yea
Graves — Yea
Hamrick — Yea
Longstreth — Yea
Love — Yea
Lynch — Nay
Marcum — Yea
Rowan — Yea
Shott — Yea
Storch — Yea
Summers — Yea
Hartman — Yea
Nelson — Yea
Phillips — Yea
Diserio — Yea
Speaker Armstead — Yea
Evans, A. — Yea
Caputo — Yea
Espinosa — Yea
Harshbarger — Yea
Hicks — Yea
Higginbotham — Yea
Hollen — Yea
Isner — Yea
Moye — Yea
Overington — Yea
Paynter — Yea
Pethtel — Yea
Pyles — Yea
Rodighiero — Yea
Upson — Yea
Westfall — Yea
Ambler — Yea
Brewer — Yea
Canestraro — Yea
Capito — Yea
Cowles — Yea
Deem — Not Voting
Fleischauer — Yea
Frich — Yea
Hill — Yea
Householder — Yea
Iaquinta — Nay
Kessinger — Yea
Lovejoy — Yea
Miley — Yea
Pack — Yea
Robinson — Yea
Rowe — Nay
Sobonya — Yea
Sponaugle — 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 Nay
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 Yea
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 96 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 67101
Democrat 4000
Republican 25100
Total 96201
% of votes cast 97%2%0%1%
How each member voted (99)
Member Party Vote
Evans, E. — Yea
Lane — Yea
Romine, C. — Yea
Romine, R. — Yea
Blair — Yea
Foster — Yea
Atkinson — Yea
Bates — Yea
Boggs — Yea
Fast — Yea
Ferro — Yea
Folk — Yea
Frich — Yea
Iaquinta — Nay
Kessinger — Yea
Longstreth — Yea
Lovejoy — Yea
Lynch — Yea
Rowan — Yea
Rowe — Yea
Martin — Yea
Maynard — Yea
Brewer — Yea
Byrd — Yea
Graves — Yea
Hamrick — Yea
Shott — Yea
Sponaugle — Yea
Hartman — Yea
Sypolt — Yea
Thompson — Yea
Nelson — Yea
Capito — Yea
Caputo — Yea
Harshbarger — Yea
Hicks — Yea
Higginbotham — Yea
Storch — Yea
Summers — Yea
Upson — Yea
Diserio — Yea
Phillips — Yea
Evans, A. — Yea
Speaker Armstead — Yea
Deem — Not Voting
Espinosa — Yea
Hill — Yea
Hollen — Yea
Isner — Yea
Overington — Yea
Pack — Yea
Pethtel — Yea
Wagner — Yea
Westfall — Yea
Ambler — Yea
Canestraro — Yea
Cowles — Yea
Fleischauer — Yea
Householder — Yea
Love — Yea
Marcum — Yea
Miley — Yea
Moye — Yea
Paynter — Yea
Pyles — Yea
Robinson — Yea
Rodighiero — Yea
Sobonya — 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 Nay
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 Yea
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 29 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 26302
Republican 3000
Total 29302
% of votes cast 85%9%0%6%
How each member voted (34)
Member Party Vote
ARVON — Yea
GAUNCH — Yea
RUCKER — Yea
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Nay
KARNES — Yea
STOLLINGS — Yea
BEACH — Nay
MANN — Yea
SWOPE — Yea
BLAIR — Yea
MARONEY — Not Voting
SYPOLT — Yea
BOLEY — Not Voting
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 — Nay
MR PRESIDENT — Yea
FERNS — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea
Sarah Drennan Republican Yea

Official roll call →

Subjects

environment transportation
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Frequently asked questions

Who sponsors SB 498?
SB 498 is sponsored by Stollings, Plymale, and Maynard.
What is the current status of SB 498?
This bill has been enacted into law. Introduced February 07, 2018. Enacted.
Where can I track SB 498?
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