WEST virginia legislature

2023 regular session

ENROLLED

Committee Substitute

for

Senate Bill 298

By Senators Trump, Woodrum, Plymale, and Deeds

[Passed March 10, 2023; in effect from passage]

AN ACT to amend and reenact §15-5-9 of the Code of West Virginia, 1931, as amended, relating to clarifying  that mutual aid agreements can be entered into by local emergency services or organizations for reciprocal aid in bordering counties of other states for day-to-day support for fire and emergency medical service calls.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5. division of homeland security and emergency management.

§15-5-9. Mutual aid agreements.

(a) The director of each local organization for emergency services may, in collaborating with other public and private agencies within this state, develop or cause to be developed mutual aid agreements for reciprocal aid and assistance in case of disaster too great to be dealt with unassisted. The agreements shall be made in conformity with the state plan and program for emergency services and, in time of emergency, each local organization shall render assistance in accordance with the state plan or the agreements.

(b) The director of each local organization may, subject to the approval of the Governor, enter into mutual aid agreements with emergency service and civil defense agencies or organizations in other states for reciprocal aid and assistance in case of disaster too great to be dealt with unassisted.

c) Notwithstanding the provisions of subsection (b) of this section, the director of each local organization may, regardless of the existence of a federally declared emergency or a state emergency declared by the Governor, or the Legislature, enter into mutual aid agreements with emergency services, civil defense agencies, and organizations of bordering counties in contiguous states for day-to-day mutual aid support for fire and emergency medical services.