The bill amends and reenacts section 15-5-6 of the Code of West Virginia to simplify the declaration of a state of preparedness by eliminating the two existing classes (Class I and Class II) and establishing a single level of preparedness that aligns with the existing framework for a state of emergency. The bill specifies that a state of preparedness can be proclaimed by the Governor or the Legislature, and it includes provisions for the duration and termination of such declarations. Notably, the bill introduces new language that clarifies that a gubernatorially proclaimed state of preparedness will expire 30 days after issuance unless extended by the Legislature, and it also stipulates that the total duration of a state of emergency following a state of preparedness cannot exceed 90 days without proper extensions.

Additionally, the bill outlines the powers granted to the Governor during a state of emergency or preparedness, emphasizing that these powers must comply with constitutional provisions. It includes specific restrictions on the Governor's authority, such as prohibiting the closure of places of worship and limiting the suspension of firearm sales. The bill also establishes that any legal challenges to executive orders related to states of preparedness or emergency must follow a specific legal process, thereby streamlining the legal framework surrounding emergency declarations in West Virginia.

Statutes affected:
Introduced Version: 15-5-6
Committee Substitute: 15-5-6