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Home » US Law » 2022 West Virginia Code » Chapter 15. Public Safety » Article 5. Division of Homeland Security and Emergency Management

§15-5-22. Emergency Management Assistance Compact

The "Emergency Management Assistance Compact" is hereby approved, ratified, adopted, enacted into law and entered into by the State of West Virginia with all other jurisdictions legally joining therein in accordance with its terms, in a form substantially as follows: EMERGENCY MANAGEMENT ASSISTANCE COMPACT ARTICLE I – PURPOSE AND AUTHORITIES This compact is made and […]

§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 […]

§15-5-26. Tax Exemption

The State Resiliency Officer shall not be required to pay any taxes and assessments to the state or any political subdivision of the state upon any of its moneys, properties, or assets or upon its obligations or other evidences of indebtedness pursuant to the provisions of this article, or upon any moneys, funds, revenues, or […]

§15-5-28. Statewide Mutual Aid System

(a) The Legislature hereby finds that emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential for the protection of lives and property and for the best use of available assets, both public and private. The purpose of this section is to create a system of intrastate mutual aid between participating political subdivisions in […]

§15-5-29. Cooperation With State Resiliency Office

Notwithstanding any other provision of this code to the contrary, the Director of the Division of Emergency Management shall cooperate with the State Resiliency Office to the fullest extent practicable to assist that office in fulfilling its duties.

§15-5-3. Division of Emergency Management Created

(a) The Division of Homeland Security and Emergency Management is continued as the Division of Emergency Management, within the Department of Homeland Security. All of the allied, advisory, affiliated, or related entities, and funds associated with the Division of Homeland Security and Emergency Management and all its functions, personnel, and property are transferred to, incorporated […]

§15-5-30. State of Emergency; State of Preparedness; Essential Workers

(a) During a state of emergency or state of preparedness, set forth by the Governor, employees of public utilities, cable television operators, telecommunications carriers, and publicly or privately owned water and sewer systems shall be considered essential workers to ensure that these services can continue to operate or be restored. (b) Contractors, vendors, and suppliers […]

§15-5-4b. West Virginia Disaster Recovery Trust Fund Disbursement

Upon the proclamation of the existence of a state of emergency or state of preparedness under the provisions of 15-5-6 of this code, The State Resiliency Officer, shall have the power to disburse funds from the disaster relief recovery trust fund created pursuant to 15-5-24 of this code to any person, political subdivision, or local […]

§15-5-4c. Powers and Duties Related to the West Virginia Disaster Recovery Trust Fund

The State Resiliency Officer is hereby granted, has and may exercise all powers necessary or appropriate to carry out and effectuate the purposes set forth in 15-5-4b of this code. The State Resiliency Officer has the power: (1) To accept appropriations, gifts, grants, bequests, and devises from any source, public or private, for deposit into […]

§15-5-5. General Powers of the Governor

The Governor shall have general direction and control of the Office of Emergency Services and shall be responsible for the carrying out of the provisions of this article and, in the event of disaster beyond local control, may assume direct operational control over all or any part of the emergency services functions within this state. […]

§15-5-6. Emergency Powers of Governor

(a) The provisions of this section are operative only during the existence of a state of emergency or state of preparedness. The existence of a state of emergency or state of preparedness may be proclaimed by the Governor or by concurrent resolution of the Legislature if the Governor in the proclamation, or the Legislature in […]

§15-5-6a. Temporary Suspension of Nutrition Standards in Public Schools

This section is operative only during the existence of a state of emergency or state of preparedness proclaimed by the Governor or by concurrent resolution of the Legislature. During a state of emergency or state of preparedness, the Governor or the Legislature may, to facilitate uninterrupted days of instruction, temporarily suspend legislative rules establishing nutrition […]

§15-5-7. Mobile Support Units

The Governor or his duly authorized representative may create and establish such number of mobile support units as are necessary to reinforce emergency service organizations in stricken areas and with due consideration of the plans of the federal government and of other states. He shall appoint a commander for each such unit who shall have […]

§15-5-8. Local Organization for Emergency Services

Each political subdivision of this state is hereby authorized and directed to establish a local organization for emergency services in accordance with the state plan and program for the provision of emergency services. Such political subdivision may confer or authorize the conferring upon members of the auxiliary police the powers of peace officers, subject to […]

§15-5-9. Mutual Aid Agreements

The director of each local organization for emergency services may, in collaborating with other public and private agencies within this state, develop or cause to be developed mutual aid agreements for reciprocal aid and assistance in case of disaster too great to be dealt with unassisted. Such agreements shall be made in conformity with the […]