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Introduced Version
Senate Bill 38 History
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Key:
Green
= existing Code.
Red
= new code to be enacted
WEST virginia legislature
2026 regular session
Introduced
Senate Bill 38
By Senator Tarr
[Introduced January 14, 2026; referred
to the Committee on the Judiciary; and then to the Committee on Finance]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §12-3-21, relating to establishing the revocation of authority for spending by an agency in support of a challenge to West Virginia law; and providing for exceptions.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. LIMITATIONS ON AGENCY SPENDING.
§12-3-21.
Limitation on agencies' use of funding.
Notwithstanding any provision to the contrary, there is no spending authority for any political subdivision or state agency for the purposes of challenging a West Virginia state law:
Provided,
That the provisions of this section shall not apply to the Attorney General of West Virginia who may, from time to time, have reason to challenge any and all laws of the state of West Virginia:
Provided, however,
That the provisions of this section shall not apply to the Governor, Secretary of State, State Treasurer, State Auditor, the Commissioner of Agriculture, or other constitutionally elected officers when challenging a West Virginia state law directly related to the constitutional duties and functions of their respective offices.
NOTE: The purpose of this bill is to prohibit spending authority for money used by an agency in support of a challenge to West Virginia law.
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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