Introduced Version
House Bill 3219 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 3219
(By Delegates Doyle, Brown, Canterbury,
Long, J. Miller, Moore, Schadler
and Stemple)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §17B-7-1, relating to
providing that West Virginia will not participate in the "REAL
ID Act of 2005" enacted by the United States Congress in
Public Law 109-13.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §17B-7-1, to read as
follows:
ARTICLE 7. DIVISION NOT TO PERFORM CERTAIN ACTS.
§17B-7-1. Legislative finding; prohibiting implementation of "REAL
ID Act."
(1) The Legislature finds that the enactment into law by the
United States Congress of the "REAL ID Act of 2005", as part of
Public Law 109-13, is inimical to security and well-being of the
people of West Virginia, will cause unneeded expense and inconvenience to the people of this state, and was adopted by the
United States Congress in violation of the principles of federalism
contained in the tenth amendment to the United States Constitution.
(2) The State of West Virginia will not participate in the
implementation of the "REAL ID Act of 2005." The Department of
Transportation, including the Division of Motor Vehicles, is
directed not to implement the provisions of the "REAL ID Act of
2005" and to report to the Governor any attempt by agencies or
agents of the United States Department of Homeland Security to
secure the implementation of the "REAL ID Act of 2005" through the
operations of that division.
NOTE: The purpose of this bill is to
provide that West
Virginia will not participate in the "REAL ID Act of 2005" enacted
by the United States Congress in Public Law 109-13.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.