Senate Bill No. 248

(By Senators Barnes, Unger, Yoder, Hunter, McKenzie, Kessler, Prezioso, Foster, Sprouse, Boley, Edgell, Love, Guills, Plymale, Jenkins and Green)

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[Introduced January 17, 2008; referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.]

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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.

This article is new; therefore, strike-throughs and underscoring have been omitted.