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 outlines the conditions under which such a declaration is warranted. Notably, the bill introduces provisions that a gubernatorially proclaimed state of preparedness will expire after 30 days unless extended by the Legislature, and it clarifies that the total duration of a state of emergency following a state of preparedness cannot exceed 90 days without proper extension.

Additionally, the bill includes several important provisions regarding the powers of the Governor during a state of emergency or preparedness. It emphasizes that the Governor's powers do not allow for the suspension of constitutional provisions and outlines specific actions the Governor can take, such as enforcing laws related to emergency services, controlling access to disaster areas, and managing resources. The bill also restricts the Governor's ability to close places of worship or limit the sale of firearms and ammunition during such declarations. Furthermore, it establishes that any legal challenges to the Governor's executive orders related to these states must follow specific procedural rules, thereby streamlining the legal process for such cases.

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