The proposed bill, known as the "Natural Resources Anti-Commandeering Act," aims to amend the Code of West Virginia by establishing new provisions that protect state employees and political subdivisions from being compelled to enforce federal laws, regulations, or orders related to coal, oil, gas, timber, or other extractive resources that are not recognized under state law. The bill includes legislative findings that emphasize the intent to uphold the Tenth Amendment rights of West Virginia employees, asserting that the federal government cannot commandeer state resources or personnel for enforcement purposes.

Key provisions of the bill prohibit state agencies and employees from participating in the enforcement of non-existent federal regulations and restrict the use of state funds for such activities. The Attorney General is authorized to challenge unconstitutional federal actions and is required to publish model policies to guide state agencies in resisting federal commandeering. Additionally, the bill provides immunity for state agents who refuse to enforce federal directives deemed unconstitutional, ensuring they cannot face civil or criminal liability for their actions while legal challenges are underway. The bill also includes a severability clause to maintain the validity of its remaining provisions if any part is found invalid.

Statutes affected:
Introduced Version: 22-35-1, 22-35-2, 22-35-3, 22-35-4, 22-35-5
Committee Substitute: 22-35-1, 22-35-2, 22-35-3, 22-35-4, 22-35-5