SB 829
Modifying classes of state of preparedness declared by Governor or Legislature
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill aims to simplify the declaration of states of preparedness in West Virginia. Currently, there are two classes of state of preparedness – Class I and Class II – but the bill proposes consolidating them into a single level, similar to a state of emergency. It clarifies the process for both the Governor and the Legislature to declare these states of preparedness, outlining the required findings and procedures for extending their duration. The bill also addresses the combined duration of a state of emergency and a state of preparedness.
Key provisions
- Consolidates the two existing classes of state of preparedness (Class I and Class II) into a single level.
- Establishes a 30-day expiration period for a Class I state of preparedness, extendable by concurrent resolution of the Legislature.
- Establishes a 90-day limit on the combined duration of a state of emergency and a state of preparedness, unless extended by legislative action.
- Requires proclamations and resolutions to include descriptions of the circumstances and affected geographic areas.
- Defines powers granted to the Governor during a state of preparedness or emergency, including the ability to enforce laws, procure resources, and control movement.
- Specifies limitations on executive orders during a state of preparedness or emergency, such as restrictions on closing houses of worship and limiting firearm sales.
- Clarifies that a state of preparedness has the same effect as a state of emergency for mutual aid purposes.
- Limits legal challenges to executive orders related to preparedness or emergency declarations to petitions for prohibition or mandamus.
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