COMMITTEE SUBSTITUTE
FOR
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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[Originating in the Committee on Transportation and
Infrastructure; reported on February 21, 2008]
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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 the 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 insofar as it requires
the establishment of national standards for state-issued driver's
licenses and nondriver identification cards. The Department of
Transportation, including the Division of Motor Vehicles, is
directed not to implement the provisions of the REAL ID Act of 2005
insofar as it requires the establishment of national standards for
state-issued driver's licenses and nondriver identification cards
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 that portion of the REAL ID Act of 2005 through
the operations of that division.
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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.
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