West Virginia 2019 Regular Session Status: Enacted Bipartisan · 1 R · 1 D cosponsors

SB 272 — Updating code relating to Commission on Special Investigations

Last action — Chapter 114, Acts, Regular Session, 2019

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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 January 11, 2019. Enacted.

Prognosis

Likely to advance 96% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 6 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

186 added · 229 removed

Plain-language change summary

The recent amendments to Bill SB 272 involve a significant renaming and restructuring of a commission that oversees certain investigative practices. The commission formerly known as the "purchasing practices and procedures commission" is now called the "Commission on Special Investigations." Additionally, the composition of the commission has been clarified to ensure balanced political representation by limiting the number of members from the same party to two. These changes matter because they aim to enhance the commission's oversight capabilities while promoting bipartisan collaboration, which can lead to more effective and fair investigations.

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NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version (2) « Senate Bill 272 History OTHER VERSIONS  —  Introduced Version  |  Enrolled Version - Final Version  |  SB272 ENR 2  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 272 History OTHER VERSIONS  —  Introduced Version  |  Enrolled Version - Final Version (2)  |  SB272 ENR 2  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Second Enrolled Senate Bill 272 By Senators Carmichael (Mr.
Red = new code to be enacted WEST virginia legislature regular session Enrolled Senate Bill 272 By Senators Carmichael (Mr.
President), Trump, Woelfel, Palumbo, and Tarr [Repassed February 21, 2019;
President), Trump, Woelfel, Palumbo, and Tarr [Passed January 31, 2019;
in effect 90 days from passage] AN ACT to amend and reenact §4-5-1, §4-5-2, §4-5-3, §4-5-4, and §4-5-5 of the Code of West Virginia, 1931, as amended;
in effect from passage] AN ACT to amend and reenact §4-5-1, §4-5-2, §4-5-3, §4-5-4, and §4-5-5 of the Code of West Virginia, 1931, as amended;
granting power to conduct interviews and request production from agencies of the state and its political subdivisions of books, records, documents, papers, and tangible things, but exempting items deemed confidential under state or federal law;
granting power to conduct interviews and request production from agencies of the state and its political subdivisions of books, records, documents, papers, and tangible things;
requiring that protected information provided to the commission be kept confidential, private, and secure in the same manner required of the government entity from which the information was received;
providing procedures for the commission’s retention and disposal of records;
providing procedures and requirements for the commission’s retention and disposal of records;
exempting the commission from the jurisdiction of the Agency for Surplus Property within the Purchasing Division of the Department of Administration with respect to the disposal of the commission’s primary and secondary duty weapons;
exempting the commission from the jurisdiction of the agency for surplus property within the Purchasing Division of the Department of Administration with respect to the disposal of the commission’s primary and secondary duty weapons;
and (7) Interview witnesses and require production from any entity of state government, or of any political subdivision of the state, of books, records, documents, papers, computers, laptops, computer hard drives, electronic records including, but not limited to, emails, electronic files, electronic documents and metadata, or any other thing, in any form in which it may exist, as the commission believes should be examined to make a complete investigation, except where the records, documents, data, or items are protected from disclosure by state or federal law or privilege recognized by state or federal courts:
and (7) Interview witnesses and require production from any entity of state government, or of any political subdivision of the state, of books, records, documents, papers, computers, laptops, computer hard drives, electronic records including, but not limited to, emails, electronic files, electronic documents and metadata, or any other thing, in any form in which it may exist, as the commission believes should be examined to make a complete investigation:
To compel witnesses to attend a hearing or produce any books, records, documents, or papers, or any other tangible thing except where the records, documents, data, or items are protected from disclosure by state or federal law or privilege recognized by state or federal courts, the commission may issue subpoenas, signed by one of the cochairs:
To compel witnesses to attend a hearing or produce any books, records, documents, or papers, or any other tangible thing, the commission may issue subpoenas, signed by one of the cochairs:
Provided, That the commission may specifically authorize or delegate the power to its director to sign subpoenas on its behalf.
Provided, That the commission may specifically authorize, or delegate the power to its director to issue subpoenas on its behalf.
Such expenses and all other expenses, including those incurred in the employment of legal, technical, investigative, clerical, stenographic, advisory, and other personnel, shall be paid from the appropriation for Joint Expenses.
Such expenses and all other expenses, including those incurred in the employment of legal, technical, investigative, clerical, stenographic, advisory and other personnel, shall be paid from the appropriation for joint expenses.
(c) When the commission receives information, in any form, from any office, agency, department, or branch of state or local government that is bound by state or federal law to maintain the confidentiality, privacy, or security of the information, that governmental body shall identify to the commission what information and materials are so protected and identify the law or laws governing the confidentiality, privacy, or security of the information.
(c) The commission shall provide reasonable safeguards for the confidentiality and integrity of the materials and information technology placed in its custody.
The commission shall protect the confidentiality, privacy, or security of the protected information in like manner and to the same level as is required of the governmental body providing the information to the commission.
When the commission has completed an investigation and no longer has a need to maintain the confidential or protected information or materials, the commission shall notify the entity from whom the information was received and, unless requested to return the information or materials, shall destroy the same in a secure fashion and notify the entity from whom the information was received of this destruction.
(b) Any person who, by threats, menaces, or acts, or who forcibly or illegally hinders or obstructs or attempts to hinder or obstruct a Commission on Special Investigations member or employee acting in his or her official capacity, is guilty of obstruction:
(b) Any person who, by threats, menaces, or acts, or who forcibly or illegally hinders or obstructs or attempts to hinder or obstruct a Commission on Special Investigations member or employee acting in his or her official capacity, is guilty of obstruction.
Provided, That failure to produce information or records at the request of a member or employee of the commission is not obstruction when such disclosure is prohibited by state or federal law.
(2) At least 20 years in law enforcement and an additional 10 years of service on the commission’s investigative staff;
(2) At least 20 years in law enforcement and an additional years of service on the commission’s investigative staff;
View plain text versions (5)

Action History

  1. Chapter 114, Acts, Regular Session, 2019

  2. Approved by Governor 2/28/19 - House Journal

  3. Approved by Governor 2/28/19 - Senate Journal

  4. Approved by Governor 2/28/19

  5. To Governor 2/22/19 - House Journal

  6. Effective ninety days from passage

  7. Completed legislative action

  8. To Governor 2/22/19

  9. Communicated to Senate

  10. Effective from passage (Roll No. 246)

  11. Repassed House to meet the objections of the Governor (Roll No. 245)

  12. House concurred in Senate amendment (Voice vote)

  13. House reconsidered its action

  14. House received Senate message

  15. Vetoed by Governor 2/11/19 - House Journal

  16. Senate requests House to concur

  17. Senate amended, repassed bill as result of Governor's Veto (Roll No. 170)

  18. Senate reconsidered action (voice vote)

  19. Vetoed by Governor 2/11/19 - Senate Journal

  20. Vetoed by Governor 2/11/19

  21. To Governor 2/5/19 - House Journal

  22. To Governor 2/5/19 - Senate Journal

  23. To Governor 2/5/19

  24. House received Senate message

  25. Completed legislative action

  26. Communicated to House

  27. Effective from passage (Roll No. 43)

  28. Passed Senate (Roll No. 43)

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

  30. House Message received

  31. Communicated to Senate

  32. Effective from passage (Roll No. 38)

  33. Title amendment adopted (Voice vote)

  34. Passed House (Roll No. 37)

  35. Read 3rd time

  36. On 3rd reading, Special Calendar

  37. Read 2nd time

  38. On 2nd reading, Special Calendar

  39. Read 1st time

  40. On 1st reading, Special Calendar

  41. Do pass

  42. To House Judiciary

  43. To Judiciary

  44. Introduced in House

  45. Ordered to House

  46. Passed Senate (Roll No. 10)

  47. Read 3rd time

  48. On 3rd reading

  49. Read 2nd time

  50. On 2nd reading

  51. Read 1st time

  52. On 1st reading

  53. Reported do pass

  54. To Judiciary

  55. Introduced in Senate

  56. To Judiciary

  57. Filed for introduction

Sponsors

  • Carmichael · Primary
  • Trump · Cosponsor
  • Eric Tarr · Cosponsor
  • Mike Woelfel · Cosponsor
  • Palumbo · Cosponsor

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 147 not signed on · 2 voted No

Sponsors (1)

  • Carmichael

Co-sponsors (4)

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"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

EFFECT FROM PASSAGE

Passed 94 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 67004
Republican 22002
Democrat 5000
Total 94006
% of votes cast 94%0%0%6%
How each member voted (100)
Member Party Vote
Foster — Yea
Brown, N. — Yea
Brown, S. — Yea
Maynard — Yea
Sypolt — Yea
Hartman — Yea
Thompson, C. — Yea
Thompson, R. — Yea
Tomblin — Yea
Nelson — Yea
Atkinson — Yea
Bates — Yea
Bibby — Yea
Cadle — Yea
Canestraro — Yea
Caputo — Yea
Fast — Yea
Graves — Yea
Hamrick — Yea
Hanna — Yea
Hardy — Yea
Harshbarger — Yea
Higginbotham — Yea
Hill — Yea
Kump — Yea
Linville — Yea
Longstreth — Yea
Malcolm — Yea
Mandt — Yea
Pack — Yea
Rowan — Yea
Shott — Yea
Sponaugle — Yea
Storch — Yea
Swartzmiller — Yea
Walker — Yea
Phillips — Yea
Diserio — Yea
Jeffries, J. — Yea
Evans — Yea
Boggs — Not Voting
Byrd — Not Voting
Espinosa — Yea
Householder — Yea
Paynter — Yea
Pethtel — Yea
Pyles — Yea
Robinson — Yea
Rodighiero — Yea
Waxman — Yea
Westfall — Yea
Wilson — Yea
Zukoff — Yea
Angelucci — Yea
Capito — Yea
Cowles — Yea
Doyle — Yea
Estep-Burton — Yea
Fleischauer — Yea
Hicks — Yea
Hollen — Yea
Kessinger — Yea
Lavender-Bowe — Yea
Lovejoy — Yea
Miley — Yea
Porterfield — Not Voting
Rowe — Yea
Skaff — Yea
Staggers — Not Voting
Steele — Yea
Summers — Yea
Evan Hansen Democrat 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
Betsy Kelly Republican Yea
Carl Martin Republican Yea
Christopher W. Toney Republican Yea
D. Rolland Jennings Republican Not Voting
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Yea
Mike Azinger Republican Not Voting
Pat McGeehan Republican Yea
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

PASSAGE-MEET OBJ. OF GOV.

Passed 92 Yea · 2 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 67004
Republican 21102
Democrat 4100
Total 92206
% of votes cast 92%2%0%6%
How each member voted (100)
Member Party Vote
Evans — Yea
Atkinson — Yea
Fast — Yea
Kump — Yea
Rowan — Yea
Foster — Yea
Brown, N. — Yea
Brown, S. — Yea
Hartman — Yea
Maynard — Yea
Sypolt — Yea
Thompson, C. — Yea
Thompson, R. — Yea
Nelson — Yea
Tomblin — Yea
Walker — Yea
Phillips — Yea
Diserio — Yea
Jeffries, J. — Yea
Bates — Yea
Cadle — Yea
Capito — Yea
Caputo — Yea
Cowles — Yea
Graves — Yea
Hamrick — Yea
Hardy — Yea
Hicks — Yea
Higginbotham — Yea
Hill — Yea
Linville — Yea
Longstreth — Yea
Lovejoy — Yea
Mandt — Yea
Miley — Yea
Paynter — Yea
Pyles — Yea
Rowe — Yea
Shott — Yea
Sponaugle — Yea
Storch — Yea
Swartzmiller — Yea
Waxman — Yea
Westfall — Yea
Wilson — Yea
Boggs — Not Voting
Estep-Burton — Yea
Porterfield — Not Voting
Robinson — Yea
Rodighiero — Yea
Staggers — Not Voting
Zukoff — Yea
Angelucci — Yea
Bibby — Yea
Byrd — Not Voting
Canestraro — Yea
Doyle — Yea
Espinosa — Yea
Fleischauer — Yea
Hanna — Yea
Harshbarger — Yea
Hollen — Yea
Householder — Yea
Kessinger — Yea
Lavender-Bowe — Yea
Malcolm — Yea
Pack — Yea
Pethtel — Yea
Skaff — Yea
Steele — Yea
Summers — Yea
Evan Hansen Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Nay
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Betsy Kelly Republican Yea
Carl Martin Republican Yea
Christopher W. Toney Republican Yea
D. Rolland Jennings Republican Not Voting
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Yea
Mike Azinger Republican Not Voting
Pat McGeehan Republican Nay
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 31001
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
LINDSAY — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Yea
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
PALUMBO — Yea
TARR — Yea
PLYMALE — Yea
TRUMP — Yea
CLINE — Yea
PREZIOSO — Yea
UNGER — Yea
FACEMIRE — Yea
ROBERTS — Yea
WELD — Yea
HAMILTON — Yea
ROMANO — Yea
WOELFEL — Not Voting
HARDESTY — Yea
RUCKER — Yea
MR PRESIDENT — Yea
IHLENFELD — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

EFFECT FROM PASSAGE

Passed 97 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Republican 23100
Democrat 4100
Total 97201
% of votes cast 97%2%0%1%
How each member voted (100)
Member Party Vote
Evans — Yea
Foster — Yea
Atkinson — Yea
Fast — Yea
Fleischauer — Yea
Kessinger — Yea
Lavender-Bowe — Yea
Linville — Yea
Lovejoy — Yea
Rowe — Yea
Shott — Yea
Sponaugle — Yea
Brown, N. — Yea
Brown, S. — Yea
Maynard — Yea
Sypolt — Yea
Thompson, C. — Yea
Hartman — Yea
Thompson, R. — Yea
Nelson — Yea
Tomblin — Yea
Walker — Yea
Phillips — Yea
Diserio — Yea
Jeffries, J. — Yea
Bibby — Yea
Byrd — Yea
Canestraro — Yea
Capito — Yea
Cowles — Yea
Doyle — Yea
Espinosa — Yea
Graves — Yea
Hanna — Yea
Harshbarger — Yea
Hicks — Yea
Hill — Yea
Hollen — Yea
Householder — Yea
Malcolm — Yea
Miley — Yea
Pack — Yea
Pethtel — Yea
Porterfield — Yea
Pyles — Yea
Rodighiero — Yea
Steele — Yea
Swartzmiller — Yea
Waxman — Yea
Westfall — Yea
Wilson — Yea
Rowan — Yea
Angelucci — Yea
Bates — Yea
Boggs — Yea
Cadle — Yea
Caputo — Yea
Estep-Burton — Yea
Hamrick — Yea
Hardy — Yea
Higginbotham — Yea
Kump — Not Voting
Longstreth — Yea
Mandt — Yea
Paynter — Yea
Robinson — Yea
Skaff — Yea
Staggers — Yea
Storch — Yea
Summers — Yea
Zukoff — Yea
Evan Hansen Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Nay
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Betsy Kelly Republican Yea
Carl Martin Republican Yea
Christopher W. Toney Republican Yea
D. Rolland Jennings Republican Yea
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Yea
Mike Azinger Republican Yea
Pat McGeehan Republican Nay
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

PASSAGE

Passed 97 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Republican 23100
Democrat 4100
Total 97201
% of votes cast 97%2%0%1%
How each member voted (100)
Member Party Vote
Evans — Yea
Foster — Yea
Brown, N. — Yea
Brown, S. — Yea
Maynard — Yea
Sypolt — Yea
Thompson, C. — Yea
Hartman — Yea
Thompson, R. — Yea
Nelson — Yea
Tomblin — Yea
Walker — Yea
Phillips — Yea
Atkinson — Yea
Bates — Yea
Bibby — Yea
Boggs — Yea
Byrd — Yea
Cadle — Yea
Capito — Yea
Caputo — Yea
Estep-Burton — Yea
Fast — Yea
Graves — Yea
Hanna — Yea
Harshbarger — Yea
Hicks — Yea
Hill — Yea
Hollen — Yea
Kessinger — Yea
Lavender-Bowe — Yea
Linville — Yea
Lovejoy — Yea
Malcolm — Yea
Pack — Yea
Paynter — Yea
Pethtel — Yea
Shott — Yea
Sponaugle — Yea
Storch — Yea
Summers — Yea
Swartzmiller — Yea
Waxman — Yea
Westfall — Yea
Diserio — Yea
Jeffries, J. — Yea
Cowles — Yea
Doyle — Yea
Espinosa — Yea
Kump — Not Voting
Pyles — Yea
Robinson — Yea
Rodighiero — Yea
Rowan — Yea
Wilson — Yea
Zukoff — Yea
Angelucci — Yea
Canestraro — Yea
Fleischauer — Yea
Hamrick — Yea
Hardy — Yea
Higginbotham — Yea
Householder — Yea
Longstreth — Yea
Mandt — Yea
Miley — Yea
Porterfield — Yea
Rowe — Yea
Skaff — Yea
Staggers — Yea
Steele — Yea
Evan Hansen Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Nay
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Betsy Kelly Republican Yea
Carl Martin Republican Yea
Christopher W. Toney Republican Yea
D. Rolland Jennings Republican Yea
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Yea
Mike Azinger Republican Yea
Pat McGeehan Republican Nay
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 31001
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
LINDSAY — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Not Voting
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
PALUMBO — Yea
TARR — Yea
PLYMALE — Yea
TRUMP — Yea
CLINE — Yea
PREZIOSO — Yea
UNGER — Yea
FACEMIRE — Yea
ROBERTS — Yea
WELD — Yea
HAMILTON — Yea
ROMANO — Yea
WOELFEL — Yea
HARDESTY — Yea
RUCKER — Yea
MR PRESIDENT — Yea
IHLENFELD — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 272?
SB 272 is sponsored by Carmichael, Trump, Eric Tarr (Republican), Mike Woelfel (Democrat), and Palumbo.
What is the current status of SB 272?
This bill has been enacted into law. Introduced January 11, 2019. Enacted.
Where can I track SB 272?
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