§15-5-23. Severability; Conflicts
(a) If any section, subsection, subdivision, provision, clause or phrase of this article or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other sections, subsections, subdivisions, provisions, clauses or phrases or applications of the article, and to this end each and every section, […]
§15-5-24. Disaster Recovery Trust Fund; Disbursement of Funds
(a) There is hereby created a special trust fund which shall be designated and known as the West Virginia Disaster Recovery Trust Fund to be administered by the State Resiliency Officer. The recovery fund shall consist of: (i) Any appropriations, grants, gifts, contributions, or revenues received by the recovery fund from any source, public or […]
§15-5-18. Arrest by Peace Officer Without Warrant
A peace officer, when in uniform or displaying a badge or other insignia of authority, may arrest without a warrant any person violating or attempting to violate in such officer's presence any order, rule or regulation made pursuant to this article. This authority shall be limited to arrest for violations of those orders, rules and […]
§15-5-19. Unorganized Militia
The unorganized militia shall, at the call of the Governor, be available for duty with the emergency service forces of this state. For purposes of this article, the unorganized militia shall consist of all able-bodied men and women between the ages of sixteen and fifty.
§15-5-19a. Possession of Firearms During a Declared State of Emergency
(a) During a federal or state declared state of emergency, no state agency, county, or municipality, or any elected or appointed official or employee thereof, may: (1) Prohibit or restrict the otherwise lawful possession, use, carrying, transfer, transportation, storage, sale, display, or other lawful use of a firearm or ammunition, any firearm or ammunition component […]
§15-5-19b. Criminal Penalties for Using Automated Telephone Calls to Disseminate False, Misleading or Deceptive Information Regarding Matters Effecting or Effected by a Proclaimed State of Emergency or State of Preparedness
(a) Any person or entity who, during a state of emergency or state of preparedness declared pursuant to the provisions of section six of this article: (1) Knowingly and willfully disseminates false, misleading or deceptive information regarding matters effecting or effected by the declaration; and (2) by means of an automated telephone call or calling […]
§15-5-20. Disaster Prevention
(a) In addition to disaster prevention measures as included in the state, local, regional and interjurisdictional disaster plans, the Governor shall consider on a continuing basis steps that could be taken to prevent or reduce the harmful consequences of disasters. At his or her direction, and pursuant to any other authority and competence they have, […]
§15-5-15. Emergency Service Personnel
(a) No person may be employed or associated in any capacity in homeland security or any emergency service organization established under this article who has been convicted of a felony or who advocates or has advocated a change by force or violence in the Constitutional form of the government of the United States or this […]
§15-5-15a. Paid Leave for Disaster Service Volunteers
Any state employee who is a certified disaster service volunteer of the American Red Cross may be granted leave from his or her state employment with pay, for not more than fifteen work days in each year, to participate in specialized disaster relief services for the American Red Cross. Leave shall be granted under this […]
§15-5-15b. Paid Leave for Certain State Officers and Employees During a Declared State of Emergency
(a) Any state employee who is designated an essential member of an emergency aid provider may be granted leave from his or her state employment with pay, for not more than fifteen work days in each year, to provide disaster relief or emergency services in areas of the state in which a state of emergency […]