House 5098

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 5098

By Delegates G. Howell, G. Ward, Dittman, Hanshaw (Mr. Speaker), Phillips, Lucas, Mallow, Ellington, Canterbury, Foggin, and Campbell

[Introduced February 03, 2026; referred to the Committee on Finance]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §17C-2-3c, relating to the creation of the MOBILE ID Act; establishing the Mobile Outreach for Bound or Immobile Lifelong Ensurance of Identification Program  within the Division of Motor Vehicles; requiring statewide availability; establishing eligibility; authorizing in-home and long-term care facility services; requiring two-person in-home visits for safety; requiring adequate staffing to ensure timely service; requiring rulemaking; providing for reporting; and establishing an effective date.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS.

§17C-2-3c. Mobile ID Act.

(a) Legislative intent.

The Legislature finds that certain residents of this state are unable to physically travel to a Division of Motor Vehicles office due to medical conditions, disabilities, or residence in long-term care facilities, and that access to state-issued identification is essential for civic participation, health care, and personal affairs. The purpose of this section, known as the MOBILE ID Act, is to establish a limited, secure, medically verified, and statewide program to provide in-home and long-term care facility motor vehicle identification services to eligible individuals.

(b) Definitions. For purposes of this section:

“Division" means the West Virginia Division of Motor Vehicles.

"Homebound applicant" means a West Virginia resident who is medically unable to travel to a Division office, as certified by a licensed physician, physician assistant, or advanced practice registered nurse.

"Long-term care facility" means a licensed nursing facility, assisted living residence, rehabilitation facility, or similar residential care facility licensed by the state.

"Program" means the Mobile Outreach for Bound or Immobile Lifelong Ensurance of Identification Program established pursuant to this section.

(c) Program established; statewide availability. The division shall establish and administer the MOBILE ID Act Program, which shall be available statewide to eligible applicants in all counties of the state.

(d) Eligibility. An applicant is eligible for services under the program if the applicant:

(1) Is a resident of West Virginia;

(2) Is unable to physically travel to a division office due to a medical condition or disability, as documented by medical certification; and

(3) Submits an application in a form prescribed by the division.

(e) Authorized services. The division may provide the following services under the program:

(1) In-home visits or visits to long-term care facilities by authorized division personnel or contracted service providers;

(2) Capture of photographs, signatures, and other information required for issuance or renewal of a driver license or state identification card;

(3) Verification of identity and residency documents; and

(4) Collection of applicable fees.

(f) Safety requirements for in-home visits. Any in-home visit conducted under the program shall be performed by no fewer than two authorized personnel for the safety of both the applicant and division personnel.

(g) Timeliness and staffing requirements. The division shall maintain to ensure that an eligible applicant requesting an in-home or long-term care facility visit under the Program is offered an appointment within 30 days of the request.

(h) Limitations. Nothing in this section may be construed to require the division to waive any statutory or federal requirements relating to identity verification, Real ID compliance, or public safety, or to provide services absent proper medical certification.

(i) Rulemaking. The division shall promulgate legislative rules in accordance with §29A-3-1 et seq. of this code to implement the provisions of this section, including but not limited to:

(1) Application procedures and forms;

(2) Medical certification standards;

(3) Scheduling, prioritization, and geographic deployment of services;

(4) Staffing standards and safety protocols;

(5) Fees, if any, associated with in-home or facility-based services; and

(6) Privacy, security, and fraud-prevention safeguards.

(j) Reporting. Beginning December 1, 2027, and annually thereafter, the division shall submit a report to the Governor and the Legislature summarizing program utilization, staffing levels, service timeliness, costs, and any recommendations for improvement.

(k) Effective date. This section shall take effect January 1, 2027.

NOTE: The purpose of this bill is to create the MOBILE ID Act and to establish the Mobile Outreach for Bound or Immobile Lifelong Ensurance of Identification Program within the Division of Motor Vehicles.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.