This bill aims to amend and clarify the existing provisions regarding the declaration of a state of preparedness in West Virginia, simplifying the current two-class system into a single level of preparedness that aligns with the existing framework for states of emergency. Key changes include the removal of the classifications "Class I" and "Class II" for states of preparedness, allowing the Governor or Legislature to proclaim a state of preparedness without these designations. The bill also specifies that a gubernatorially proclaimed state of preparedness will expire after 30 days unless extended by the Legislature, and it establishes that the total duration of a state of emergency following a state of preparedness cannot exceed 90 days unless properly extended.

Additionally, the bill introduces new language that emphasizes the Governor's powers during a state of preparedness or emergency, including the ability to enforce laws related to emergency services, control the movement of people in affected areas, and manage resources effectively. It also clarifies that any executive order issued during such states cannot impose more restrictive measures on places of worship than those applied to essential services, nor can it limit the lawful sale or transfer of firearms and related items. The bill further stipulates that any legal challenges to executive orders related to these states will be limited to specific types of petitions, streamlining the process for addressing such disputes.

Statutes affected:
Introduced Version: 15-5-6