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SB888 • 2026
Creating Judicial Deference Reform Act
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Creating Judicial Deference Reform Act
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: SB888 SFA Weld #1 2-24 Wolfe 7816 Senator Weld moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following: ARTICLE 22.
Plain English: SB888 SFA Weld #1 2-24 Wolfe 7816 Senator Weld moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following: ARTICLE 22.
Plain English: SB888 SFAT Weld #1 2-24 Wolfe 7816 Senator Weld moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.
Plain English: SB888 SFAT Weld #1 2-24 Wolfe 7816 Senator Weld moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.
To House Judiciary
To Judiciary
Introduced in House
House received Senate message
Ordered to House
Passed Senate (Roll No. 220)
Floor amendment rejected (Voice vote)
Read 3rd time
Deferred until foot of 1st reading
On 3rd reading with right to amend
Read 2nd time
On 2nd reading
Read 1st time
On 1st reading
Reported do pass
To Judiciary
Introduced in Senate
To Judiciary
Filed for introduction
Creating Judicial Deference Reform Act
SB 888 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. 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. NEWS RELEASES HELPFUL LINKS Introduced Version Senate Bill 888 History | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE 2026 REGULAR SESSION Introduced Senate Bill 888 By Senators Rose, Rucker, and Tarr [Introduced February 9, 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 §55-22-1, §55-22-2, §55-22-3, §55-22-4, §55-22-5, §55-22-6, §55-22-7, and §55-22-8, relating to creating of the Judicial Deference Reform Act; stating a purpose; setting forth definitions; prohibiting judicial deference to state agency interpretations; addressing interpretive ambiguity; specifying applicability of the act; providing for severability; and providing an effective date. Be it enacted by the Legislature of West Virginia: ARTICLE 22. JUDICIAL DEFERENCE REFORM ACT. §55-22-1. Short title. This article shall be known and may be cited as the "Judicial Deference Reform Act." §55-22-2. Purpose. The purpose of this article is to ensure that state courts and administrative hearing officers interpret state statutes, regulations, and sub-regulatory documents independently, without deference to state agency interpretations, and to prioritize individual liberty and limited agency authority in resolving interpretive ambiguities. §55-22-3. Definitions. For the purposes of this article: (1) "State agency" means any department, division, board, commission, or other entity of the state government authorized to promulgate regulations or issue sub-regulatory documents. (2) "Sub-regulatory document" means any guidance, memorandum, policy statement, or other interpretive document issued by a state agency that is not promulgated as a regulation pursuant to the West Virginia Administrative Procedures Act. (3) "De novo" means an independent judicial or administrative review of a statute, regulation, or sub-regulatory document without deference to a state agency’s interpretation. §55-22-4. Prohibition on judicial deference to state agency interpretations. (a) In any action involving the interpretation of a state statute, regulation, or sub-regulatory document, a state court or an officer presiding over an administrative action shall not defer to a state agency’s interpretation of such statute, regulation, or sub-regulatory document. (b) The court or hearing officer shall interpret the meaning and effect of the statute, regulation, or sub-regulatory document de novo, applying all customary tools of statutory and regulatory interpretation, including but not limited to textual analysis, legislative intent, and applicable precedent. §55-22-5. Resolution of interpretive ambiguity. (a) In any action brought by or against a state agency, after applying all customary tools of interpretation, if any ambiguity remains in the meaning or effect of a state statute, regulation, or sub-regulatory document, the court or hearing officer shall resolve such ambiguity in favor of a reasonable interpretation that: (1) Limits the scope of the state agency’s power and authority; and (2) Maximizes the protection of individual liberty. (b) The court or hearing officer shall not presume that ambiguity in a statute, regulation, or sub-regulatory document grants discretionary authority to a state agency. §55-22-6. Applicability. (a) This article applies to all actions, suits, and administrative proceedings initiated on or after the effective date of this article. (b) This article does not apply to federal statutes, regulations, or actions involving federal agencies, except where state courts or officers are expressly authorized to interpret federal law in a state proceeding. §55-22-7. Severability. If any provision of this article or its application to any person or circumstance is held invalid, the remainder of the article or the application of the provision to other persons or circumstances shall not be affected. §55-22-8. Effective date. This article shall take effect on July 1, 2026. NOTE: The purpose of this bill is to create the Judicial Deference Reform Act. The bill states a purpose; sets forth definitions; prohibits judicial deference to state agency interpretations; addresses interpretive ambiguity; specifies applicability of the Act; provides for severability; and provides an effective date. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added. Bill Status | Bill Tracking | Legacy WV Code | Bulletin Board | District Maps | Senate Roster | House Roster | Live | Blog | Jobs | Links | Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information. | Terms of Use | Webmaster | © 2026 West Virginia Legislature ** Print On Demand Name: Email: Phone: