H. B. 2544
(By Delegates Walters, Craig, Hunt, White, Nelson, J.,
Folk, Raines, Paxton, Kump, Boggs and Miley)
[Introduced February 19, 2013; referred to the
Committee on Veterans' Affairs and Homeland Security then
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §11-13DD-1,
§11-13DD-2 and §11-13DD-3; to amend and reenact §15-5-21 of
said code; to amend said code by adding thereto a new section,
designated §17-2A-8d; and to amend and reenact §55-7D-1 of
said code, all relating to improving state emergency
preparedness; creating an emergency generator tax credit for
gas or propane fueled machines; requiring the Office of
Emergency Services to coordinate with local radio and
television stations to broadcast public service announcements
with information as to the location of emergency shelters; to
authorizing the Commissioner of Highways to erect signs
relating to emergency shelters; providing tax credits for use
of emergency generators; and providing a protection from civil
or criminal liability to persons donating food during times of
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §11-13DD-1, §11-13DD-2
and §11-13DD-3; that §15-5-21 of said code be amended and
reenacted; that said code be amended by adding thereto a new
section, designated §17-2A-8d; and that §55-7D-1 of said code be
amended and reenacted, all to read as follows:
CHAPTER 11. TAXATION.
ARTICLE 13DD. EMERGENCY GENERATOR TAX CREDIT.
§11-13DD-1. Amount of credit.
____Any taxpayer who installs or causes to be installed an
emergency generator powered by natural gas or propane on property
located in this state and owned by the taxpayer and used as a place
of business or residence after July 1, 2013, shall be allowed a
credit against the taxes imposed in articles twenty-one,
twenty-three and twenty-four of this chapter in an amount equal to
thirty percent of the cost to purchase and install the system up to
a maximum amount of $3,000.
____In order to receive the credit for an emergency generator, the
generator may use natural gas or propane fueled machines for its
operation. The generator shall be permanently installed and wired
to the electrical panel in the residence or building with
insulating back-flow and shut off protection.
§11-13DD-3. Carryover credit allowed; Tax Commissioner to promulgate rules.
__If the amount of the credit exceeds the taxpayer's liability
for the taxable year, the amount which exceeds the tax liability
may be carried over and applied as a credit against the tax
liability of the taxpayer pursuant to the provisions of articles
twenty-one, twenty-three and twenty-four of this chapter to each of
the next taxable years unless sooner used.
__The State Tax Commissioner shall promulgate rules for
legislative approval pursuant to the provisions of chapter
twenty-nine-a of this code regarding the applicability, method of
claiming of the credit, recapture of the credit and documentation
necessary to claim the credit allowed by this article. No taxpayer
may take a credit pursuant to this article for an emergency
generator placed in service by natural gas or propane after July 1,
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.
(a) The Office of Emergency Services shall ascertain what
means exist for rapid and efficient communication in times of
disaster. The office shall consider the desirability of
supplementing such communication resources or of integrating them
into a comprehensive state or federal-state telecommunications or
other communications system or network. In studying the character and feasibility of any system or its several parts, the office
shall evaluate the possibility of multipurpose use thereof for
various state, regional and local governmental purposes. The
office shall make recommendations to the Governor as appropriate.
(b) The Office of Emergency Services shall
local radio and television stations to broadcast
public service announcements that inform the listening and viewing
areas as to the location of emergency shelters during stated
emergencies. The plans shall include the requirement that the
local radio and television stations broadcast the public service
announcements every thirty minutes, fifteen minutes before the hour
and fifteen minutes after the hour.
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§17-2A-8d. Authority to provide signs guiding travelers to
____________________________________________In addition to the other powers given and assigned to him or
her in this chapter, when an emergency exists, the Commissioner of
Highways may cause the placement of signs along the interstate
highways and other roadways guiding travelers to emergency
shelters. The commissioner along with the Director of Homeland
Security and Emergency Management shall develop a plan to start
implementation by July 1, 2014.
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
ARTICLE 7D. GOOD SAMARITAN FOOD DONATION ACT.
§55-7D-1. Legislative findings.
The Legislature finds that wholesale and retail food
distributors, shipping terminals and other establishments across
the state are disposing of food that could be made available to
those in need. However, many potential food donors are discouraged
from donating this food because of potential liability. The United
States Congress has recognized the need to encourage food
distributors to make otherwise disposed-of food products available
to those in need and has adopted Title 42 United States Code §1791
entitled the "Bill Emerson Good Samaritan Food Donation Act." This
federal law encourages state and local governments to enact good
samaritan or donor liability limitation laws to encourage private
cooperative efforts to provide food for hungry people within their
respective jurisdictions. The Legislature finds that this is a
worthy goal, and therefore it is appropriate for the state to
encourage participation in food donation programs by providing a
statutory framework to protect food donators from liability for
their good faith efforts, including food donators during declared
states of emergency to local emergency centers.
NOTE: The purpose of this bill is to improve state emergency
preparedness. The bill requires the Commissioner of Highways to
erect signs on the interstate highways and other roadways relating
to directions to emergency shelters. It requires the Office of
Emergency Services to coordinate with local radio and television stations to broadcast public service announcements with information
as to the location of emergency shelters. The bill provides tax
credits for use of natural gas or propane fueled emergency
generators. And, the bill provides a protection from civil or
criminal liability to persons who donate food during times of
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
§17-2A-8d is new; therefore, it has been completely
Article 13DD is new; therefore, it has been completely