COMMITTEE SUBSTITUTE FOR
H. B. 3328
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Originating in the Committee on Government Organization]
[March 29, 2005]
A BILL to amend and reenact §15-5-1, §15-5-2, §15-5-3 and §15-5-13
of the Code of West Virginia, 1931, as amended, all relating
to the Office of Emergency Services; changing the name of the
Office of Emergency Services to the Division of Homeland
Security and Emergency Management; transferring duties,
functions, personnel and related entities; specifying
qualifications of the Director; directing entities to
coordinate and cooperate with the Secretary of the Department
of Military Affairs and Public Safety as to the receipt of
federal funds for homeland security and emergency services
purposes; providing that the Governor may require certain
reports from entities receiving services, equipment, supplies,
materials or funds for homeland security and emergency
services purposes; and requiring copies of reports to be
furnished to the Legislature.
Be it enacted by the Legislature of West Virginia:
That §15-5-1, §15-5-2, §15-5-3 and §15-5-13 of the Code of
West Virginia, 1931, as amended, be amended and reenacted, all to
read as follows:
ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.
§15-5-1. Policy and purpose.
In view of the existing and increasing possibility of the
occurrence of disasters of unprecedented size and destructiveness,
resulting from
terrorism, enemy attack, sabotage or other hostile
action, or from fire, flood, earthquakes or other natural or
man-made causes and in order to insure that preparations of this
state will be adequate to deal with such disasters, and generally
to provide for the common defense and to protect the public peace,
health and safety and to preserve the lives and property of the
people of the state, it is hereby found and declared to be
necessary: (1) To create a state
emergency services homeland
security and emergency management agency and to authorize the
creation of local and regional organizations for emergency services
in the political subdivisions of the state; (2) to confer upon the
Governor, and upon the executive heads of governing bodies of the
political subdivisions of the state the emergency powers provided
herein; (3) to provide for the rendering of mutual aid among the
political subdivisions of the state and with other states and to
cooperate with the federal government with respect to the carrying out of emergency services
and homeland security functions; (4) and
to establish and implement
a comprehensive
emergency services
homeland security and emergency management plan plans to deal with
such disasters. It is further declared to be the purpose of this
article and the policy of the state that all
homeland security and
emergency management funds and emergency services functions of this
state be coordinated to the maximum extent
with the Secretary of
the Department of Military Affairs and Public Safety and with the
comparable functions of the federal government including its
various departments and agencies, of other states and localities
and of private agencies of every type, so that the most effective
preparation and use may be made of the nation's
and this state's
manpower, resources and facilities for dealing with any disaster
that may occur.
§15-5-2. Definitions.
As used in this article:
(a) "Emergency services" means the preparation for and the
carrying out of all emergency functions, other than functions for
which military forces are primarily responsible,
to protect,
respond and recover, to prevent
including detection, deterrence and
mitigation, to minimize and repair injury and damage resulting
from disasters
or other event caused by
flooding, terrorism, enemy
attack, sabotage or other natural or other man-made causes. These
functions include, without limitation, fire-fighting services, police services, medical and health services, communications,
radiological, chemical and other special weapons defense,
evacuation of persons from stricken areas, emergency welfare
services, emergency transportation, existing or properly assigned
functions of plant protection, temporary restoration of public
utility services and other functions related to
civilian protection
the health, safety and welfare of the citizens of this state,
together with all other activities necessary or incidental to the
preparation for and carrying out of the foregoing functions.
Disaster includes the imminent threat of disaster as well as its
occurrence and any power or authority exercisable on account of a
disaster
that may be exercised during the period when there is an
imminent threat thereof;
(b) "Local organization for emergency services" means an
organization created in accordance with the provisions of this
article by state or local authority to perform local emergency
services function;
(c) "Mobile support unit" means an organization for emergency
services created in accordance with the provisions of this article
by state or local authority to be dispatched by the Governor to
supplement local organizations for emergency services in a stricken
area;
(d) "Political subdivision" means any county or municipal
corporation in this state;
(e) "Board" means the West Virginia Disaster Recovery Board
created by this article;
(f) "Code" means the code of West Virginia, one thousand nine
hundred thirty-one, as amended;
(g) "Community facilities" means a specific work or
improvement within this state or a specific item of equipment or
tangible personal property owned or operated by any political
subdivision or nonprofit corporation and used within this state to
provide any essential service to the general public;
(h) "Disaster" means the occurrence or imminent threat of
widespread or severe damage, injury, or loss of life or property
resulting from any natural or
terrorist or man-made cause,
including
weapons of mass destruction, fire, flood, earthquake,
wind, snow, storm, chemical or oil spill or other water or soil
contamination, epidemic, air contamination, blight, drought,
infestation or other public calamity requiring emergency action;
(i) "Disaster recovery activities" means activities undertaken
prior to, during or following a disaster to provide, or to
participate in the provision of, emergency services, temporary
housing, residential housing, essential business activities and
community facilities;
(j) "Emergency services" means the preparation for and the
carrying out of all emergency functions to prevent, minimize and
repair injury and damage resulting from a isaster, including, without limitation, fire-fighting services, police services,
medical and health services, communications, evacuation of persons
and property from stricken areas, welfare services, transportation,
temporary restoration of public utility services, and other
functions related to the health, safety and welfare of the citizens
of this state, together with all other activities necessary or
incidental to the preparation for and the carrying out of the
foregoing functions;
(k) (j) "Essential business activities" means a specific work
or improvement within this state or a specific item of equipment or
tangible personal property used within this state by any person to
provide any essential goods or service deemed by the authority to
be necessary for recovery from a disaster;
(l) (k) "Person" means any individual, corporation, voluntary
organization or entity, partnership, firm or other association,
organization or entity organized or existing under the laws of this
or any other state or country;
(m) (l) "Recovery fund" means the West Virginia Disaster
Recovery Trust Fund created by this article;
(n) (m) "Residential housing" means a specific work or
improvement within this state undertaken primarily to provide
dwelling accommodations, including the acquisition, construction or
rehabilitation of land, buildings and improvements thereto, for
residential housing, including, but not limited to, facilities for temporary housing and emergency housing, and such other nonhousing
facilities as may be incidental or appurtenant thereto; and
(o) (n) "Temporary housing" means a specific work or
improvement within this state undertaken primarily to provide
dwelling accommodations, including the acquisition, construction or
rehabilitation of land, buildings and improvements thereto, for
temporary residential shelters or housing for victims of a disaster
and such other nonhousing facilities as may be incidental or
appurtenant thereto.
(o) "Secretary" means the Cabinet Secretary of the West
Virginia Department of Military Affairs and Public Safety.
§15-5-3. Division of Homeland Security and Emergency Management
created.
There is hereby created within the office of the governor an
office to be known as (a) The Office of Emergency Services,
formerly within the office of the Governor, is continued as the
Division of Homeland Security and Emergency Management within the
Department of Military Affairs and Public Safety.
All of the
allied, advisory, affiliated or related entities and funds
associated with the office of emergency services and all its
functions, personnel and property, are transferred to, incorporated
in and administered as a part of the Division of Homeland Security
and Emergency Management. Wherever the words "Office of Emergency
Services" appear in this code, they shall mean the Division of Homeland Security and Emergency Management.
(b) A Director of the office of emergency services Division of
Homeland Security and Emergency Management, hereinafter called the
director, shall be nominated and appointed by the Governor, in
accordance with the provisions of section two-a, article seven,
chapter six of this code. by and with the advice and consent of the
Senate, to be the Executive and Administrative Head of the
Division. On and after the effective date of this article, the
director of civil and defense mobilization referred to in said
section two-a shall be known and designated as the director of
emergency services. The Governor shall consider those applicants
for Director who at a minimum: (1) Have at least five years
managerial or strategic planning experience; (2) are knowledgeable
in matters relating to public safety, homeland security, emergency
management and emergency response; and (3) have at a minimum, a
federally issued secret level security clearance or have submitted
to or will submit to a security clearance investigation for the
purpose of obtaining at a minimum, a federally issued secret level
security clearance.
(c) The Director may employ such technical, clerical,
stenographic and other personnel and fix their compensation and may
make such expenditures within the appropriation therefore or from
other funds made available to him for the purpose of providing
emergency homeland security and emergency management services as may be necessary to carry out the purpose of this article.
Employees of the office of emergency services Division of Homeland
Security and Emergency Management shall be members of the State
Civil Service System and all appointments of the office, except
those required by law to be exempt, shall be a part of the
classified service under the Civil Service System.
(d) The Director and other personnel of the office of
emergency services Division of Homeland Security and Emergency
Management shall be provided with appropriate office space,
furniture, equipment, supplies, stationery and printing in the same
manner as provided for personnel of other state agencies.
(e) The Director, subject to the direction and control of the
Governor through the Secretary of the Department of Military
Affairs and Public Safety, shall be executive head of the office of
emergency services Division of Homeland Security and Emergency
Management and shall be responsible to the Governor and the
Secretary of the Department of Military Affairs and Public Safety
for carrying out the program for emergency services homeland
security and emergency management in this state. He The Director
in consultation with the Secretary of the Department of Military
Affairs and Public Safety shall coordinate the activities of all
organizations for homeland security and emergency management
emergency services within the state and maintain liaison with and
cooperate with homeland security, emergency management and other emergency service and civil defense agencies and organizations of
other states and of the federal government and shall have such
additional authority, duties and responsibilities authorized by
this article as may be prescribed by the Governor or the Secretary
of the Department of Military Affairs and Public Safety.
(f) The Director shall have the power to acquire in the name
of the state by purchase, lease or gift, real property and rights
or easements necessary or convenient to construct thereon the
necessary building or buildings for housing and homeland security
and emergency management emergency services control center.
The office of emergency planning in the department of finance
and administration is hereby abolished and its functions, personnel
and property transferred to the office of emergency services. The
department of civil and defense mobilization is hereby abolished
and its functions, personnel and property transferred to the office
of emergency services.
§15-5-13. Appropriations; acceptance of services, gifts, grants
and loans.
(a) Each political subdivision shall have the power to make
appropriations in the manner provided by law for making
appropriations for the ordinary expenses of such political
subdivision for the payment of expenses of its local organization
for emergency services or of its proportionate share of expenses of
a regional organization for emergency services, or both.
(b) Whenever the federal government or any agency or officer
thereof shall offer to any authority, corporation, partnership or
other entity, public or private or the state, or through the state
to any political subdivision thereof, services, equipment,
supplies, materials or funds by way of gift, grant or loan, for
purposes relating to homeland security or emergency services, the
state, after consultation and in coordination with the Secretary
and acting through the Governor, or such political subdivision,
after consultation and in coordination with the Secretary and
acting with the consent of the Governor and through its executive
officer or governing body, may accept such offer and upon such
acceptance the Governor of the state or executive officer or
governing body of such political subdivision may authorize any
officer of the state or of the political subdivision, as the case
may be, to receive such services, equipment, supplies, materials or
funds on behalf of the state or such political subdivision and
subject to the terms of the offer and the rules and regulations, if
any, of the agency making the offer.
(c) Whenever any person, firm or corporation shall offer to
the state or to any political subdivision thereof, services,
equipment, supplies, materials or funds by way of gift, grant or
loan, for purposes relating to homeland security or emergency
services, the state, after consultation and in coordination with
the Secretary and acting through the Governor, or such political subdivision, after consultation and in coordination with the
Secretary and acting through its executive officer or governing
body, may accept such offer and upon such acceptance the Governor
of the state or executive officer or governing body of such
political subdivision may authorize any officer of the state or of
the political subdivision, as the case may be, to receive such
services, equipment, supplies, materials or funds on behalf of the
state or such political subdivision and subject to the terms of the
offer.
(e) The Governor may require any agency, authority,
corporation, partnership or other entity to furnish a report, in
both written and electronic form, detailing its receipt from any
source of all services, equipment, supplies, materials or funds for
purposes relating to homeland security or emergency services, as a
condition of the receipt of services, equipment, supplies,
materials or funds for purposes relating to homeland security or
emergency services from the state. Within ten days of the receipt
of any reports required under this subsection, the Governor shall
furnish copies thereof to the Legislature.