This bill aims to simplify the current legal framework regarding the declaration of a state of preparedness in West Virginia by eliminating the two existing classes of preparedness and establishing a single level that mirrors the structure of a state of emergency. Specifically, it amends section 15-5-6 of the Code of West Virginia to remove references to "Class I" and "Class II" states of preparedness, thereby streamlining the process for the Governor or the Legislature to proclaim a state of preparedness. The bill also clarifies that the powers and procedures associated with a state of preparedness will align more closely with those of a state of emergency, ensuring consistency in emergency management.

In addition to the simplification, the bill maintains essential provisions regarding the powers of the Governor during a state of emergency or preparedness, including the ability to enforce laws, control resources, and manage evacuations. It also preserves the rights of individuals and entities, such as the operation of places of worship and the lawful sale of firearms, during such declarations. The bill specifies that any legal challenges to executive orders related to states of preparedness or emergency will be limited to specific types of petitions, further delineating the legal landscape surrounding emergency declarations in West Virginia.

Statutes affected:
Introduced Version: 15-5-6