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 regulations related to coal, oil, gas, timber, and 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 and asserts that the federal government cannot commandeer state resources or personnel for enforcement of federal laws.

Key provisions of the bill prohibit state agencies and employees from participating in the enforcement of federal acts that do not align with state law, and it restricts the use of state funds for such enforcement activities. The Attorney General is authorized to challenge any federal actions deemed unconstitutional regarding natural resource commandeering and is required to publish model policies to guide state agencies in resisting federal overreach. Additionally, the bill provides immunity for state agents who refuse to enforce federal regulations that infringe upon their rights, ensuring they cannot face civil or criminal liability for such refusals. The bill also includes a severability clause to maintain the validity of its remaining provisions if any part is declared 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