Introduced Version
Senate Bill 353 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 353
(By Senator Unger)
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[Introduced February 22, 2013; referred to the Committee on
Government Organization .]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §15-5C-1, §15-5C-2,
§15-5C-3 and §15-5C-4, all relating to establishing the First
Informer Broadcasters Act; defining terms; permitting
broadcasters to develop emergency response plans; permitting
broadcasters to train and certify certain personnel to be
first informer broadcasters; setting forth what training and
certification plans must contain; and requiring, to the extent
practicable, government agencies to allow first emergency
broadcasters access to emergency areas to repair equipment
critical to their emergency broadcasting responsibilities.
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 §15-5C-1, §15-5C-2,
§15-5C-3 and §15-5C-4, all to read as follows:
ARTICLE 5C. FIRST INFORMER BROADCASTERS ACT.
§15-5C-1. Short title.
This article may be cited as the "First Informer Broadcasters
Act."
§15-5C-2. Definitions.
"Broadcaster" means a radio broadcasting station, cable
operator or television broadcasting station primarily engaged in,
and deriving income from, the business of facilitating speech via
over-the-air communications, both as to pure speech and commercial
speech.
"First informer broadcaster" means a person who has been
certified as a first informer broadcaster pursuant to section four
of this article.
§15-5C-3. Broadcasters; comprehensive plans.
Broadcasters in this state may, in cooperation with the
Division of Homeland Security and Emergency Management and the West
Virginia Broadcasters Association, or its successor organization,
develop comprehensive, coordinated plans for preparing for and
responding appropriately to an emergency or disaster.
§15-5C-4. First informer broadcasters; training; certification.
(a) Any statewide organization, or any member of a statewide
organization, that represents broadcasters, cable television
communications or any other provider that uses emerging technologies may establish a program for training and certifying
broadcast engineers and technical personnel as first informer
broadcasters. Each program established pursuant to this subsection
must:
(1) Be consistent with federal law and guidelines;
(2) Provide training and education concerning restoring,
repairing and resupplying any facilities and equipment of a
broadcaster in an area affected by an emergency or disaster; and
(3) Provide training and education concerning the personal
safety of a first informer broadcaster in an area affected by an
emergency or disaster.
(b) To the extent practicable and consistent with not
endangering public safety or inhibiting recovery efforts, state and
local governmental agencies shall allow a first informer
broadcaster access to an area affected by an emergency or disaster
for the purpose of restoring, repairing or resupplying any facility
or equipment critical to the ability of a broadcaster to acquire,
produce and transmit essential emergency or disaster-related public
information programming, including, without limitation, repairing
and maintaining transmitters and generators, and transporting fuel
for generators.
NOTE: The purpose of this bill is to establishing the First
Informer Broadcasters Act. The bill defines terms. The bill permits
broadcasters to develop emergency response plans. The bill permits broadcasters to train and certify certain personnel to be first
informer broadcasters. The bill sets forth what training and
certification plans must contain. The bill requires, to the extent
practicable, government agencies to allow first emergency
broadcasters access to emergency areas to repair equipment critical
to its emergency broadcasting responsibilities.
This article is new; therefore, strike-throughs and
underscoring have been omitted.