West Virginia 2023 Regular Session

West Virginia House Bill HB2009

Introduced
1/16/23  

Caption

Relating to the authority and obligations of the Governor and Legislature when in declared states of preparedness and emergency

Impact

The adoption of HB 2009 would significantly influence the framework of state emergency management in West Virginia. By establishing clearer rules and procedures, it aims to empower the Governor to act swiftly in times of crisis while also defining the role of the Legislature in overseeing these actions. The requirements for transparency in declarations and the involvement of the Legislature in extensions of emergency states are designed to balance the need for decisive action with legislative oversight, potentially enhancing public trust in government responsiveness during emergencies.

Summary

House Bill 2009 focuses on amending the existing state laws regarding the authority and obligations of the Governor and the Legislature during declared states of preparedness and emergency. It clarifies the conditions under which the Governor can declare such states and delineates the powers granted to him or her during these periods. This includes the ability to procure necessary resources for emergency services, control movement within disaster zones, and compel evacuations. The bill aims to streamline emergency responses and ensure that both the state and local governments are aligned in their efforts to manage disasters effectively.

Sentiment

Overall, the sentiment surrounding HB 2009 appears to support the need for clarity in emergency management protocols. Proponents argue that the bill addresses critical gaps in the existing law, emphasizing the importance of being prepared for both human-made and natural disasters. However, some concerns remain regarding the extent of power granted to the Governor, hinting at a tension between necessary authority during crises and the potential for overreach. This debate reflects broader national discussions about emergency powers and governmental authority in times of crisis.

Contention

One of the notable points of contention pertains to the balance of power between the Governor and the Legislature. Critics argue that the bill might concentrate too much authority in the hands of the Governor without sufficient checks. The procedures for declaring states of emergency and preparedness, including the necessary legislative involvement, are critical aspects that raise questions about accountability and proper governmental function during crises. Ensuring public safety while maintaining democratic oversight is at the heart of the discussions regarding the implications of this bill.

Companion Bills

No companion bills found.

Previously Filed As

WV HB4346

Relating to the authority and obligations of the Governor and Legislature when in declared states of preparedness and emergency

WV SB128

Clarifying authority of Governor and Legislature to proclaim and declare state of emergency and preparedness

WV SB829

Modifying classes of state of preparedness declared by Governor or Legislature

WV HB4068

Relating to emergency preparedness; and declaring an emergency.

WV SB12

Relating to disaster preparedness and emergency management and to certain vehicles used in emergencies; providing a penalty.

WV HB1831

Relating to disaster preparedness and emergency management and to certain vehicles used in emergencies; providing a penalty.

WV HB5507

Clarifying the Governor’s powers regarding a state of emergency or state of preparedness and changing the expiration of a state of emergency or preparedness to 30 days

WV HB3423

Clarifying the declaration of a State of Preparedness by executive orders of the Governor or by concurrent resolution of the Legislature.

WV AB1200

Emergency services: disaster preparedness.

WV HB3

Relating to the authority of the legislature, governor, and certain political subdivisions with respect to disasters, including pandemic disasters, and emergencies.

Similar Bills

WV HB4346

Relating to the authority and obligations of the Governor and Legislature when in declared states of preparedness and emergency

WV SB128

Clarifying authority of Governor and Legislature to proclaim and declare state of emergency and preparedness

WV HB2424

Eliminate Governor’s Power for Shutdown

LA HB274

Provides relative to the Governor's Office of Homeland Security and Emergency Preparedness (EN SEE FISC NOTE GF EX)

WV HB3423

Clarifying the declaration of a State of Preparedness by executive orders of the Governor or by concurrent resolution of the Legislature.

WV SB829

Modifying classes of state of preparedness declared by Governor or Legislature

WV HB5507

Clarifying the Governor’s powers regarding a state of emergency or state of preparedness and changing the expiration of a state of emergency or preparedness to 30 days

WV HB4559

Right to travel bill