West Virginia 2024 Regular Session

West Virginia House Bill HB5507

Introduced
2/7/24  

Caption

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

Impact

If enacted, HB5507 will significantly impact state laws related to emergency management and the Governor's authority. By limiting the duration of emergency declarations, the bill seeks to enhance accountability for executive actions and ensure that local economies are not unduly harmed by prolonged emergency measures. The proposed limitations on closing businesses and controlling movement in and out of disaster areas are crucial for maintaining business continuity during emergencies.

Summary

House Bill 5507 aims to amend existing laws concerning the powers of the Governor during a state of emergency or state of preparedness in West Virginia. The bill proposes to clarify the conditions under which the Governor can declare such states, particularly emphasizing the limitation of these declarations to 30 days unless extended by the Legislature. This change is intended to provide a more structured approach to emergency declarations, ensuring that they do not extend indefinitely without legislative oversight.

Sentiment

The sentiment around HB5507 appears to be mixed, with supporters arguing that it promotes necessary checks on executive power and ensures that emergency measures are not misused. They highlight that limiting the duration of emergency powers aligns with democratic principles. Conversely, opponents express concern that such limitations could hinder an effective and prompt response to urgent situations, potentially undermining public safety efforts during critical times.

Contention

A notable point of contention raised during discussions of HB5507 revolves around the balance between ensuring public safety and preventing government overreach. Some critics fear that constraining the Governor's powers too much during emergencies could lead to inadequate responses, particularly in situations that require swift and decisive action. Supporters counter this by stressing the importance of legislative oversight and the need to prevent arbitrary closures of businesses that can impact livelihoods.

Companion Bills

No companion bills found.

Previously Filed As

WV SB128

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

WV HB2009

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

WV HB2625

Emergency Absentee Ballot Preparedness Act

WV HB3477

WV Emergency and Crisis Response Act

WV SB677

Clarifying role and responsibilities of State Resiliency Officer

WV SB298

Relating to non-federally declared emergencies and non-states of emergency

WV HB2872

Clarifying mutual aid agreements in certain non-federally declared or non-states of emergency

WV HCR68

Requesting a study on the effects of site preparedness on economic development.

WV HB3206

To establish a system to remediate fiscal emergencies of local governments, and to modernize the process for dissolution of municipal corporations in this State.

WV HCR78

Proclaiming the extension of a state of emergency in our correctional institutions

Similar Bills

WV SB128

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

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 HB2424

Eliminate Governor’s Power for Shutdown

WV HB4559

Right to travel bill

WV HB4346

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

WV HB2009

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

WV HB3028

Right to travel bill