Authorizing Department of Administration promulgate legislative rules
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SB 323 — Authorizing Department of Administration promulgate legislative rules
Last action — Chapter 205, Acts, Regular Session, 2020
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 14, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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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 removedPlain-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.
SBSB323 323HFA TextSHOTT skip1-28 navigation SENATEDelegate PRESIDENTShott SENATORSmoves COMMITTEESto VIDEO/AUDIOamend DISTRICTthe MAPSCommittee SENATESubstitute CLERKon SENATEpage RULEStwo, HOUSEsection SPEAKERtwo, DELEGATESline COMMITTEEStwo VIDEO/AUDIOby DISTRICTstriking MAPSthe HOUSEnumber CLERK“13a” HOUSEand RULESinserting HOUSEin STAFFlieu JOINTthereof INTERIMthe COMMITTEESnumber LEGISLATIVE“5”. 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.
COMMISSION JOINTAdopted RULESRejected 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.
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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View plain text versions (4)
- SB323 HFA SHOTT 1-28 adopted.htm View text Current html
- Committee Substitute Enrolled Committee Substitute html
- Committee Substitute View text html
- Introduced Introduced Version html
Action History
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Chapter 205, Acts, Regular Session, 2020
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Approved by Governor 2/10/20 - Senate Journal
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Approved by Governor 2/10/20 - House Journal
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Approved by Governor 2/10/20
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To Governor 2/4/20 - House Journal
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To Governor 2/4/20 - Senate Journal
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To Governor 2/4/20
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House received Senate message
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Completed legislative action
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Communicated to House
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Effective from passage (Roll No. 46)
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Senate concurred in House amendments and passed bill (Roll No. 46)
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House Message received
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Communicated to Senate
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Effective from passage (Roll No. 53)
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Passed House (Roll No. 52)
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Read 3rd time
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On 3rd reading, Special Calendar
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Amendment adopted (Voice vote)
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House further considered bill
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Read 2nd time
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On 2nd reading, Special Calendar
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Read 1st time
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On 1st reading, Special Calendar
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Do pass
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To House Judiciary
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To Judiciary
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Introduced in House
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Ordered to House
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Effective from passage (Roll No. 13)
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Passed Senate (Roll No. 13)
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Read 3rd time
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On 3rd reading
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Read 2nd time
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On 2nd reading
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Read 1st time
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On 1st reading
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Committee substitute reported
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To Judiciary
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Introduced in Senate
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To Judiciary
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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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 24 | 0 | 0 | 1 |
| Unaffiliated | 67 | 0 | 0 | 3 |
| Democrat | 4 | 0 | 0 | 1 |
| Total | 95 | 0 | 0 | 5 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 24 | 0 | 0 | 1 |
| Unaffiliated | 67 | 0 | 0 | 3 |
| Democrat | 4 | 0 | 0 | 1 |
| Total | 95 | 0 | 0 | 5 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 1 |
| Unaffiliated | 32 | 0 | 0 | 0 |
| Total | 33 | 0 | 0 | 1 |
| % 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 |
Subjects
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?
- Track SB 323 free on One Click Politics — get push/email alerts when it moves.
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