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HB5006 • 2026

Relating to clarifying secondary sources are not the law and public policy of West Virginia in certain instances

Relating to clarifying secondary sources are not the law and public policy of West Virginia in certain instances

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Funkhouser, Linville , Ridenour
Last action
2026-01-30
Official status
H To House Judiciary 01/30/26
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

  1. 2026-01-30 H

    To House Judiciary

  2. 2026-01-30 H

    Introduced in House

  3. 2026-01-30 H

    To Judiciary

  4. 2026-01-30 H

    Filed for introduction

Official Summary Text

Relating to clarifying secondary sources are not the law and public policy of West Virginia in certain instances

Current Bill Text

Read the full stored bill text
HB 5006 Text

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Introduced Version

House Bill 5006 History

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Green
= existing Code.
Red
= new code to be enacted

WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
House Bill 5006
By Delegates Funkhouser, Linville, and Ridenour
[Introduced January 30, 2026; referred to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated
§2-
4-1 and §2-4-2, relating to clarifying secondary sources are not the law and public policy of West Virginia in certain instances; and permitting the use of certified questions on issues of first impression in certain circumstances.
Be it enacted by the Legislature of West Virginia:

ARTICLE 4. Statutes.

§2-4-1.
Secondary sources not controlling
.

A secondary source, including a legal treatise, scholarly publication, textbook, or other explanatory text, does not constitute the law or public policy of this state and is only persuasive authority to the extent its adoption would create, eliminate, expand, or restrict a cause of action, right, or remedy, or to the extent it is inconsistent with, or in conflict with, or otherwise not addressed by, West Virginia law.

§2-4-2. Certified question to Supreme Court of Appeals of West Virginia.

On a legal issue of first impression regarding the
creation, elimination, expansion, or restriction of a cause of action, right, or remedy, the circuit court
may certify its question of law to the Supreme Court of Appeals of West Virginia.

NOTE: The purpose of this bill is to clarify that secondary sources are not the law and public policy of West Virginia in certain instances; and permitting the use of certified questions on issues of first impression in certain circumstances.
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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