West Virginia 2020 Regular Session Status: Enacted 1 R cosponsors

SB 16 — Creating Protect Our Right to Unite Act

Last action — Chapter 339, Acts, Regular Session, 2020

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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 08, 2020. Enacted.

Prognosis

Likely to advance 76% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • 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

49 added · 55 removed

Plain-language change summary

The recent amendments to Bill SB 16 clarify that nonprofit organizations cannot be forced by public agencies to reveal their donor or membership information, emphasizing the importance of privacy in advocacy. This reinforces individuals' constitutional right to associate freely with groups that reflect their beliefs without fear of having their identities disclosed. Moreover, the changes allow organizations to seek damages and attorney’s fees if their information is unlawfully revealed, providing a stronger legal framework to protect their privacy rights.

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NEWS RELEASES HELPFUL LINKS SB16 SUB1 « Senate Bill 16 History OTHER VERSIONS  —  Enrolled Version - Final Version  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 16 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 16 Senators Azinger, Maynard, and Rucker [Originating in the Committee on the Judiciary;
Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 16 Senators Azinger, Maynard, and Rucker, original sponsors [Passed February 13, 2020;
reported on January 15, 2020]     A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §1-7-1, §1-7-2, §1-7-3, and §1-7-4, all relating generally to protecting an individual’s constitutional right to privacy in association;
in effect 90 days from passage]     AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §1-7-1, §1-7-2, §1-7-3, and §1-7-4, all relating generally to protecting an individual’s constitutional right to privacy in association;
(1958), compelled disclosure of an advocacy group’s donor or membership lists, where such disclosure would discourage association, is a trespass upon the fundamental freedoms protected by the Due Process Clause of the Fourteenth Amendment.
449 (1958), compelled disclosure of an advocacy group’s donor or membership lists, where such disclosure would discourage association, is a trespass upon the fundamental freedoms protected by the Due Process Clause of the Fourteenth Amendment.
(b) A public agency may not release, permit to be released, nor be compelled to release any record which identifies an individual’s association with any tax-exempt organization under 26 U.S.C.
(b) A public agency may not release, permit to be released, nor be compelled to release any record which identifies an individual’s association with any tax-exempt organization under U.S.C.
  NOTE:
The purpose of this bill is to create the Protect Our Right to Unite Act.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
View plain text versions (3)

Action History

  1. Chapter 339, Acts, Regular Session, 2020

  2. Approved by Governor 3/2/20 - House Journal

  3. Approved by Governor 3/2/20

  4. To Governor 2/25/20 - House Journal

  5. To Governor 2/25/20

  6. House Message received

  7. Completed legislative action

  8. Communicated to Senate

  9. Passed House (Roll No. 166)

  10. Read 3rd time

  11. On 3rd reading, Special Calendar

  12. Read 2nd time

  13. Dispensed with Constitutional Rule (Roll No. 157)

  14. On 2nd reading, Special Calendar

  15. Read 1st time

  16. On 1st reading, Special Calendar

  17. Do pass

  18. To House Judiciary

  19. To Judiciary

  20. Introduced in House

  21. Ordered to House

  22. Passed Senate (Roll No. 8)

  23. Read 3rd time

  24. On 3rd reading

  25. Read 2nd time

  26. On 2nd reading

  27. Read 1st time

  28. On 1st reading

  29. Committee substitute reported

  30. To Judiciary

  31. Introduced in Senate

  32. To Judiciary

  33. Filed for introduction

Sponsors

  • Maynard · Cosponsor
  • Rucker · Cosponsor
  • Mike Azinger · Primary

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 149 not signed on · 5 voted No

Sponsors (1)

Co-sponsors (2)

  • Maynard
  • Rucker

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 75 Yea · 22 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 21301
Unaffiliated 511702
Democrat 3200
Total 752203
% of votes cast 75%22%0%3%
How each member voted (100)
Member Party Vote
Graves — Yea
Kump — Yea
Rowan — Yea
Atkinson — Yea
Hamrick — Yea
Little — Yea
Rowe — Yea
Barnhart — Yea
Hanna — Yea
Lovejoy — Yea
Shott — Yea
Mandt — Yea
Staggers — Yea
Bibby — Yea
Hardy — Yea
Steele — Yea
Boggs — Yea
Hartman — Yea
Storch — Yea
Brown, N. — Yea
Hicks — Yea
Maynard — Yea
Summers — Yea
Higginbotham — Yea
Swartzmiller — Yea
Cadle — Yea
Hill — Yea
Miley — Yea
Sypolt — Yea
Capito — Yea
Nelson — Yea
Thompson, R. — Yea
Pack — Yea
Tomblin — Yea
Cowles — Yea
Householder — Yea
Paynter — Yea
Pethtel — Yea
Waxman — Yea
Phillips — Yea
Westfall — Yea
Jeffries, J. — Yea
Porterfield — Yea
Wilson — Yea
Espinosa — Yea
Evans — Yea
Zukoff — Yea
Fast — Yea
Rodighiero — Yea
Foster — Yea
Kessinger — Yea
Angelucci — Nay
Caputo — Nay
Lavender-Bowe — Nay
Sponaugle — Nay
Diserio — Nay
Longstreth — Nay
Thompson, C. — Nay
Bates — Nay
Doyle — Nay
Walker — Nay
Brown, S. — Nay
Estep-Burton — Nay
Pyles — Nay
Byrd — Nay
Fleischauer — Nay
Robinson — Nay
Skaff — Nay
Canestraro — Not Voting
Linville — Not Voting
Evan Hansen Democrat Yea
John Williams Democrat Nay
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 Nay
Jason Barrett Republican Nay
Jeff Campbell Republican Nay
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
T. Kevan Bartlett Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

SUSPEND CONSTITUTIONAL RULE

Passed 96 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 25000
Unaffiliated 66103
Democrat 5000
Total 96103
% of votes cast 96%1%0%3%
How each member voted (100)
Member Party Vote
Doyle — Yea
Rodighiero — Yea
Angelucci — Yea
Atkinson — Yea
Estep-Burton — Yea
Kessinger — Yea
Rowan — Yea
Evans — Yea
Kump — Yea
Rowe — Yea
Barnhart — Yea
Fast — Yea
Lavender-Bowe — Yea
Shott — Yea
Fleischauer — Yea
Little — Yea
Sponaugle — Yea
Longstreth — Yea
Staggers — Yea
Bates — Yea
Foster — Yea
Lovejoy — Yea
Steele — Yea
Bibby — Yea
Graves — Yea
Mandt — Yea
Storch — Yea
Boggs — Yea
Hamrick — Yea
Summers — Yea
Brown, N. — Yea
Hanna — Yea
Swartzmiller — Yea
Brown, S. — Yea
Maynard — Yea
Sypolt — Yea
Hardy — Yea
Thompson, C. — Yea
Byrd — Yea
Hartman — Yea
Miley — Yea
Thompson, R. — Yea
Cadle — Yea
Hicks — Yea
Tomblin — Yea
Higginbotham — Yea
Nelson — Yea
Canestraro — Yea
Hill — Yea
Pack — Yea
Walker — Yea
Capito — Yea
Paynter — Yea
Waxman — Yea
Caputo — Yea
Pethtel — Yea
Westfall — Yea
Householder — Yea
Phillips — Yea
Cowles — Yea
Wilson — Yea
Pyles — Yea
Jeffries, J. — Yea
Zukoff — Yea
Diserio — Yea
Robinson — Yea
Porterfield — Nay
Espinosa — Not Voting
Linville — Not Voting
Skaff — Not Voting
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 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 Yea
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
T. Kevan Bartlett Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 32000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
LINDSAY — Yea
SMITH — Yea
BALDWIN — Yea
MANN — Yea
STOLLINGS — Yea
BEACH — Yea
MARONEY — Yea
SWOPE — Yea
BLAIR — Yea
MAYNARD — Yea
SYPOLT — Yea
BOLEY — Yea
PALUMBO — Yea
TAKUBO — Yea
PITSENBARGER — Yea
TARR — Yea
CLINE — Yea
PLYMALE — Yea
TRUMP — Yea
FACEMIRE — Yea
PREZIOSO — Yea
UNGER — Yea
HAMILTON — Yea
ROBERTS — Yea
WELD — Yea
HARDESTY — Yea
ROMANO — Yea
WOELFEL — Yea
IHLENFELD — Yea
RUCKER — Yea
MR PRESIDENT — Yea
JEFFRIES — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 16?
SB 16 is sponsored by Maynard, Rucker, and Mike Azinger (Republican).
What is the current status of SB 16?
This bill has been enacted into law. Introduced January 08, 2020. Enacted.
Where can I track SB 16?
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Last checked for changes 3 months ago · updated continuously

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