SB 38
Establishing revocation of authority for spending by agency in support of challenge to WV law
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
Senate Bill 38 aims to restrict how state agencies can spend money to challenge West Virginia laws. The bill prohibits agencies from using public funds to support legal challenges against state statutes. However, it includes exceptions for the Attorney General and certain constitutionally elected officials when they are directly involved in defending the constitutionality of laws related to their specific duties. This legislation seeks to limit the use of taxpayer money in legal battles concerning state laws.
Key provisions
- Prohibits state agencies from spending funds to challenge West Virginia laws.
- Specifically excludes the Attorney General from this restriction.
- Excludes certain constitutionally elected officials (Governor, Secretary of State, State Treasurer, State Auditor, and Commissioner of Agriculture) from the restriction when challenging laws related to their constitutional duties.
- Addresses spending authority under Article 3 of the West Virginia Code.
Who is affected
- State Agencies
- West Virginia Government
- Taxpayers
- Legal Professionals
- Legislature
Notable changes
- Creates a new restriction on agency spending related to legal challenges to state law.
- Provides specific exemptions for the Attorney General and certain elected officials.
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