ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2348
(By Delegates Stemple, Webster, Mahan,
Varner, Cann, Pethtel, Shaver,
Kominar, Argento, Beach and Crosier)
[Passed March 9, 2007; in effect ninety days from passage.]
AN ACT to amend and reenact §15-5-6 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §15-5-19a, all relating to the
possession of firearms during a proclaimed state of emergency;
and clarifying the powers and authorities granted by said
article with respect thereto.
Be it enacted by the Legislature of West Virginia:
That §15-5-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said Code be amended by adding
thereto a new section, designated §15-5-19a, all to read as
follows:
ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.
§15-5-6. Emergency powers of Governor.
The provisions of this section shall be operative only during
the existence of a state of emergency. The existence of a state of
emergency may be proclaimed by the Governor or by concurrent
resolution of the Legislature if the Governor in such proclamation,
or the Legislature in such resolution, finds that an attack upon
the United States has occurred or is anticipated in the immediate
future, or that a natural or man-made disaster of major proportions has actually occurred or is imminent within the state, and that the
safety and welfare of the inhabitants of this state require an
invocation of the provisions of this section. Any such emergency,
whether proclaimed by the Governor or by the Legislature, shall
terminate upon the proclamation of the termination thereof by the
Governor, or the passage by the Legislature of a concurrent
resolution terminating such emergency.
So long as such state of emergency exists, the Governor shall
have and may exercise the following additional emergency powers:
(a) To enforce all laws, rules and regulations relating to the
provision of emergency services and to assume direct operational
control of any or all emergency service forces and helpers in the
state;
(b) To sell, lend, lease, give, transfer or deliver materials
or perform functions relating to emergency services on such terms
and conditions as he or she shall prescribe and without regard to
the limitations of any existing law and to account to the State
Treasurer for any funds received for such property;
(c) To procure materials and facilities for emergency services
by purchase, condemnation under the provisions of chapter
fifty-four of this code or seizure pending institution of
condemnation proceedings within thirty days from the seizing
thereof and to construct, lease, transport, store, maintain,
renovate or distribute such materials and facilities. Compensation
for property so procured shall be made in the manner provided in
chapter fifty-four of this code;
(d) To obtain the services of necessary personnel, required
during the emergency, and to compensate them for their services from his or her contingent funds or such other funds as may be
available to him or her;
(e) To provide and compel the evacuation of all or part of the
population from any stricken or threatened area within the state
and to take such steps as are necessary for the receipt and care of
such evacuees;
(f) To control ingress and egress to and from a disaster area,
the movement of persons within the area and the occupancy of
premises therein;
(g) To suspend the provisions of any regulatory statute
prescribing the procedures for conduct of state business or the
orders, rules or regulations of any state agency, if strict
compliance therewith would in any way prevent, hinder or delay
necessary action in coping with the emergency;
(h) To utilize such available resources of the state and of
its political subdivisions as are reasonably necessary to cope with
the emergency;
(i) To suspend or limit the sale, dispensing or transportation
of alcoholic beverages, firearms, explosives and combustibles;
(j) To make provision for the availability and use of
temporary emergency housing; and
(k) To perform and exercise such other functions, powers and
duties as are necessary to promote and secure the safety and
protection of the civilian population.
No powers granted under this section may be interpreted to
authorize the seizure or confiscation of a firearm from a person
unless that firearm is unlawfully possessed or unlawfully carried
by the person, or the person is otherwise engaged in a criminal act.
§15-5-19a. Possession of firearms during a declared state of
emergency.
No powers granted under this article to state or local
authorities may be interpreted to authorize the seizure or
confiscation of a firearm from a person during a declared state of
emergency unless that firearm is unlawfully possessed or unlawfully
carried by the person, or the person is otherwise engaged in a
criminal act.
Email
Webmaster | © 2024 West Virginia Legislature **
