West Virginia 2020 Regular Session Status: Enacted

SB 323 — Authorizing Department of Administration promulgate legislative rules

Last action — Chapter 205, 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 14, 2020. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 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

7 added · 154 removed

Plain-language change summary

In the latest amendment to Bill SB 323, the reference from "13a" has been changed to "5" in one section of the bill. This change simplifies the bill by reducing a complex provision to a more straightforward one. It matters because clearer legislation can make it easier for those affected to understand the rules and comply with them.

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SB 323 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP.
SB323 HFA SHOTT 1-28             Delegate Shott moves to amend the Committee Substitute on page two, section two, line two by striking the number “13a” and inserting in lieu thereof the number “5”.
COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.
  Adopted Rejected
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 323 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
Green = existing Code.
Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 323 Senator Maynard, original sponsor [Passed January 30, 2020;
in effect from passage]     AN ACT to amend and reenact §64-2-1 et seq.
of the Code of West Virginia, 1931, as amended, relating generally to authorizing certain agencies of the Department of Administration to promulgate legislative rules;
authorizing the rules as filed and as modified by the Legislative Rule-Making Review Committee;
authorizing the Department of Administration to promulgate a legislative rule relating to rules for the general administration of records management and preservation;
authorizing the Department of Administration to promulgate a legislative rule relating to retention and disposal scheduling;
authorizing the Department of Administration to promulgate a legislative rule relating to management of records maintained by the records center;
authorizing the Department of Administration to promulgate a legislative rule relating to exemptions from management services provided by the fleet management division;
authorizing the Department of Administration to promulgate a legislative rule relating to financial services reporting;
and authorizing Public Defender Services to promulgate a legislative rule relating to payment of fees and reimbursement of expenses of court-appointed attorneys.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2.
Authorization for Department of ADMINISTRATION to promulgate legislative rules.
§64-2-1.
Department of Administration.
(a) The legislative rule filed in the State Register on July 26, 2019, authorized under the authority of §5A-8-8 of this code, relating to the Department of Administration (rules for the general administration of records management and preservation, 148 CSR 12), is authorized.
(b) The legislative rule filed in the State Register on July 26, 2019, authorized under the authority of §5A-8-8 of this code, relating to the Department of Administration (retention and disposal scheduling, 148 CSR 13), is authorized.
(c) The legislative rule filed in the State Register on July 26, 2019, authorized under the authority of §5A-8-8 of this code, relating to the Department of Administration (management of records maintained by the records center, 148 CSR 14), is authorized.
(d) The legislative rule filed in the State Register on July 8, 2019, authorized under the authority of §5A-12-9 of this code, relating to the Department of Administration (exemptions from management services provided by the fleet management division, 148 CSR 23), is authorized.
(e) The legislative rule filed in the State Register on July 26, 2019, authorized under the authority of §5A-2B-2 of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 29, 2019, relating to the Department of Administration (financial services reporting, 148 CSR 24), is authorized.
§64-2-2.
Public Defender Services.
The legislative rule filed in the State Register on July 22, 2019, authorized under the authority of §29-21-5 of this code, modified by the Public Defender Services to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 2, 2020, relating to the Public Defender Services (payment of fees and reimbursement of expenses of court-appointed attorneys, CSR 01), is authorized.
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Action History

  1. Chapter 205, Acts, Regular Session, 2020

  2. Approved by Governor 2/10/20 - Senate Journal

  3. Approved by Governor 2/10/20 - House Journal

  4. Approved by Governor 2/10/20

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

  6. To Governor 2/4/20 - Senate Journal

  7. To Governor 2/4/20

  8. House received Senate message

  9. Completed legislative action

  10. Communicated to House

  11. Effective from passage (Roll No. 46)

  12. Senate concurred in House amendments and passed bill (Roll No. 46)

  13. House Message received

  14. Communicated to Senate

  15. Effective from passage (Roll No. 53)

  16. Passed House (Roll No. 52)

  17. Read 3rd time

  18. On 3rd reading, Special Calendar

  19. Amendment adopted (Voice vote)

  20. House further considered bill

  21. Read 2nd time

  22. On 2nd reading, Special Calendar

  23. Read 1st time

  24. On 1st reading, Special Calendar

  25. Do pass

  26. To House Judiciary

  27. To Judiciary

  28. Introduced in House

  29. Ordered to House

  30. Effective from passage (Roll No. 13)

  31. Passed Senate (Roll No. 13)

  32. Read 3rd time

  33. On 3rd reading

  34. Read 2nd time

  35. On 2nd reading

  36. Read 1st time

  37. On 1st reading

  38. Committee substitute reported

  39. To Judiciary

  40. Introduced in Senate

  41. To Judiciary

  42. Filed for introduction

Sponsors

  • Maynard · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 151 not signed on

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.

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 95 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 24001
Unaffiliated 67003
Democrat 4001
Total 95005
% of votes cast 95%0%0%5%
How each member voted (100)
Member Party Vote
Espinosa — Yea
Kump — Yea
Rowan — Yea
Angelucci — Yea
Estep-Burton — Yea
Lavender-Bowe — Yea
Rowe — Yea
Atkinson — Yea
Evans — Yea
Linville — Yea
Shott — Yea
Fast — Yea
Little — Yea
Skaff — Yea
Barnhart — Yea
Fleischauer — Yea
Longstreth — Yea
Sponaugle — Yea
Lovejoy — Yea
Staggers — Yea
Foster — Yea
Steele — Yea
Bates — Yea
Graves — Yea
Storch — Yea
Bibby — Yea
Hamrick — Yea
Maynard — Yea
Summers — Yea
Boggs — Yea
Hanna — Yea
Swartzmiller — Yea
Brown, N. — Yea
Miley — Yea
Sypolt — Yea
Brown, S. — Yea
Hardy — Yea
Thompson, C. — Yea
Hartman — Yea
Nelson — Yea
Thompson, R. — Yea
Cadle — Yea
Higginbotham — Yea
Pack — Yea
Tomblin — Yea
Hill — Yea
Paynter — Yea
Canestraro — Yea
Pethtel — Yea
Walker — Yea
Capito — Yea
Householder — Yea
Phillips — Yea
Waxman — Yea
Caputo — Yea
Porterfield — Yea
Westfall — Yea
Cowles — Yea
Jeffries, J. — Yea
Pyles — Yea
Wilson — Yea
Diserio — Yea
Robinson — Yea
Zukoff — Yea
Doyle — Yea
Rodighiero — Yea
Kessinger — Yea
Byrd — Not Voting
Hicks — Not Voting
Mandt — Not Voting
Evan Hansen Democrat 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
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 Not Voting
T. Kevan Bartlett Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

EFFECT FROM PASSAGE

Passed 95 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 24001
Unaffiliated 67003
Democrat 4001
Total 95005
% of votes cast 95%0%0%5%
How each member voted (100)
Member Party Vote
Espinosa — Yea
Kump — Yea
Rowan — Yea
Angelucci — Yea
Estep-Burton — Yea
Lavender-Bowe — Yea
Rowe — Yea
Atkinson — Yea
Evans — Yea
Linville — Yea
Shott — Yea
Fast — Yea
Little — Yea
Skaff — Yea
Barnhart — Yea
Longstreth — Yea
Sponaugle — Yea
Foster — Yea
Lovejoy — Yea
Staggers — Yea
Graves — Yea
Steele — Yea
Bates — Yea
Hamrick — Yea
Storch — Yea
Bibby — Yea
Hanna — Yea
Maynard — Yea
Summers — Yea
Boggs — Yea
Swartzmiller — Yea
Brown, N. — Yea
Hardy — Yea
Miley — Yea
Sypolt — Yea
Brown, S. — Yea
Hartman — Yea
Thompson, C. — Yea
Hicks — Yea
Nelson — Yea
Thompson, R. — Yea
Cadle — Yea
Higginbotham — Yea
Pack — Yea
Tomblin — Yea
Hill — Yea
Paynter — Yea
Canestraro — Yea
Pethtel — Yea
Walker — Yea
Capito — Yea
Householder — Yea
Phillips — Yea
Waxman — Yea
Caputo — Yea
Porterfield — Yea
Westfall — Yea
Cowles — Yea
Jeffries, J. — Yea
Pyles — Yea
Wilson — Yea
Diserio — Yea
Robinson — Yea
Zukoff — Yea
Doyle — Yea
Rodighiero — Yea
Kessinger — Yea
Byrd — Not Voting
Fleischauer — Not Voting
Mandt — Not Voting
Evan Hansen Democrat 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
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 Not Voting
T. Kevan Bartlett 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 1001
Unaffiliated 32000
Total 33001
% of votes cast 97%0%0%3%
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 Not Voting
Mike Azinger Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 323?
SB 323 is sponsored by Maynard.
What is the current status of SB 323?
This bill has been enacted into law. Introduced January 14, 2020. Enacted.
Where can I track SB 323?
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