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. It also introduces new provisions regarding the duration of these declarations, stating that a gubernatorially proclaimed state of preparedness will expire after 30 days unless extended by the Legislature, and that a state of emergency will expire after 60 days unless similarly extended.

Additionally, the bill clarifies the powers granted to the Governor during a state of emergency or preparedness, including the ability to enforce laws related to emergency services, control the movement of people in affected areas, and manage resources necessary for coping with the emergency. It also includes provisions that protect certain rights, such as the operation of places of worship and the lawful sale and transportation of firearms and ammunition, during such declarations. The bill further stipulates that any legal challenges to executive orders related to these states must be limited to specific types of petitions, thereby streamlining the legal process surrounding these emergency declarations.

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