Bill Text: WV SB355 | 2021 | Regular Session | Introduced
Bill Title: Relating to emergency powers of Governor
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2021-02-18 - To Judiciary [SB355 Detail]
Download: West_Virginia-2021-SB355-Introduced.html
WEST virginia legislature
2021 regular session
Introduced
Senate Bill 355
By Senator Trump
[Introduced February 18,
2021; referred
to the Committee on the Judiciary]
A BILL to amend and reenact §15-5-6 of the Code of West Virginia, 1931, as amended, relating to the emergency powers of the Governor; and providing that such emergency power shall be terminated by either the proclamation of the Governor or by the passage of a concurrent resolution by the Legislature terminating the state of emergency.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.
§15-5-6. Emergency powers of Governor.
(a) The provisions of this section are operative only during the existence of a state of emergency or state of preparedness.
(b) State of emergency.
(1) The existence of a state of emergency or state of
preparedness may be proclaimed by the Governor or by concurrent resolution of
the Legislature if the Governor in the proclamation, or the Legislature in the
resolution, finds that an attack upon the United States has occurred or is
anticipated in the immediate future, or that or a natural or
man-made disaster of major proportions has actually occurred or is imminent
within the state, or that an emergency exists or may be imminent due to
a large-scale threat beyond local control, and that the safety and welfare of
the inhabitants of this state require an invocation of the provisions of this
section.
(2) Any state of emergency, whether proclaimed by the Governor or by the Legislature, terminates upon the proclamation of the termination by the Governor, or the passage by the Legislature of a concurrent resolution terminating the state of emergency: Provided, That any executive orders declared by the Governor during the state of emergency shall terminate after 60 days unless the Legislature has convened in a regular plenary session or in an extraordinary session for the purpose of addressing the state of emergency during such 60 days.
(c) State of preparedness.
(1) The existence of a state of emergency or
state of preparedness may be proclaimed by the Governor or by concurrent
resolution of the Legislature if the Governor in the proclamation, or the
Legislature in the resolution, finds that an attack upon the United States has
occurred or is anticipated in the immediate future, or that or a
natural or man-made disaster of major proportions has actually occurred or is
imminent within the state, or that an emergency exists or may be
imminent due to a large-scale threat beyond local control, and that the safety
and welfare of the inhabitants of this state require an invocation of the
provisions of this section.
(b) (2) Any state of emergency or state of
preparedness, whether proclaimed by the Governor or by the Legislature,
terminates upon the proclamation of the termination by the Governor, or the
passage by the Legislature of a concurrent resolution terminating the state
of emergency or state of preparedness: Provided, That in no case shall a
state of preparedness last longer than thirty days.
(c) (d) So long as a state of emergency or state
of preparedness exists, the Governor has and may exercise the following
additional emergency powers:
(1) To enforce all laws and rules relating to the provision of emergency services and to assume direct operational control of any or all emergency service forces and helpers in the state;
(2) To sell, lend, lease, give, transfer or deliver materials or perform functions relating to emergency services on terms and conditions he or she prescribes and without regard to the limitations of any existing law and to account to the State Treasurer for any funds received for the property;
(3) To procure materials and facilities for emergency services by purchase, condemnation under the provisions of §54-1-1 et seq. of this code or seizure pending institution of condemnation proceedings within 30 days from the seizing thereof and to construct, lease, transport, store, maintain, renovate or distribute the materials and facilities. Compensation for property so procured shall be made in the manner provided in §54-1-1 et seq. of this code;
(4) To obtain the services of necessary personnel, required during the emergency, and to compensate them for their services from his or her contingent funds or other funds available to him or her;
(5) To provide and compel the evacuation of all or part of the population from any stricken or threatened area within the state and to take steps that are necessary for the receipt and care of the evacuees;
(6) To control ingress and egress to and from a disaster area or an area where large-scale threat exists, the movement of persons within the area and the occupancy of premises therein;
(7) To suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders, rules of any state agency, if strict compliance therewith would in any way prevent, hinder or delay necessary action in coping with the emergency;
(8) To use available resources of the state and of its political subdivisions that are reasonably necessary to cope with the emergency;
(9) To suspend or limit the sale, dispensing or transportation of alcoholic beverages, explosives and combustibles;
(10) To make provision for the availability and use of temporary emergency housing; and
(11) To perform and exercise other functions, powers and duties that are necessary to promote and secure the safety and protection of the civilian population.
(d) (e) The declaration of a state of preparedness
has the same effect as a declaration of a state of emergency for the purposes
of the Emergency Management Assistance Compact established in §15-5-22 and the
Statewide Mutual Aid Systems set forth in §15-5-28.
(e) (f) The powers granted under this section do
not authorize any action that would violate the prohibitions of section
nineteen-a of this article.
NOTE: The purpose of this bill is to allow a state of emergency to be terminated by either a proclamation of the Governor or by passage of a concurrent resolution by the legislature.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
