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Introduced Version House Bill 2175 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2175


(By Delegates Michael, Warner, R. M.

Thompson, Proudfoot and Leach)

[Introduced February 14, 2001 ; referred to the

Committee on Government Organization then Finance.]




A BILL to amend and reenact section four-c, article five, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to creating and maintaining an information systems disaster recovery center within the state; authorizing the disaster recovery board to create the center; requiring the chief technology officer and information services division to develop specifications; and designating funding.

Be it enacted by the Legislature of West Virginia:

That section four-c, article five, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 5. EMERGENCY SERVICES.

§15-5-4c. Powers and duties of the West Virginia disaster recovery board.

The board is hereby granted, has and may exercise all powers necessary or appropriate to carry out and effectuate the purposes set forth in section four-b of this article. The authority has the power:
(1) To accept appropriations, gifts, grants, bequests and devises from any source, public or private, for deposit into the recovery fund, and to use or dispose of the same to provide assistance to any person, political subdivision or local organization for emergency services responding to or recovering from a disaster, or otherwise involved in disaster recovery activities;
(2) To make and execute contracts, leases, releases and other instruments necessary or convenient for the exercise of its power;
(3) To make, and from time to time, amend and repeal bylaws for the governance of its activities not inconsistent with the provisions of this article;
(4) To sue and be sued;
(5) To acquire, hold and dispose of real and personal property;
(6) To enter into agreements or other transactions with any federal or state agency, political subdivision or person;
(7) To provide for the deposit of any funds or assets of the West Virginia disaster relief recovery trust fund with the state board of investments investment management board for investment;
(8) To procure insurance against any loss in connection with its property in such amounts, and from such insurers, as may be necessary or desirable;
(9) To use the recovery trust fund to pay the costs incurred by any state department or agency for the purpose of obtaining property appraisals and other certifications necessary to justify the involvement of the federal emergency management agency and to allow its determination of a presidentially declared disaster;
(10) To establish, or assist in the establishment of, temporary housing and residential housing by, with or for political subdivisions declared to be in a disaster area by the federal emergency management agency or other agency or instrumentality of the United States or by the governor of this state;
(11) To enter into purchase, lease or other arrangements with an agency of the United States or this state for temporary housing or residential housing units to be occupied by disaster victims and make such units available to any political subdivision or persons;
(12) To assist political subdivisions, local organizations for emergency services and nonprofit corporations in acquiring sites necessary for temporary housing or residential housing for disaster victims and in otherwise preparing the sites to receive and use temporary housing or residential housing units, including payment of transportation charges, by advancing or lending funds available to the board from the recovery fund;
(13) To make grants and provide technical services to assist in the purchase or other acquisition, planning, processing, design, construction or rehabilitation, improvement or operation of temporary housing or residential housing: Provided, That no such grant or other financial assistance shall be provided except upon a written finding by the board that such assistance and the manner in which it will be provided constitute a disaster recovery activity;
(14) To make or participate in the making of insured or uninsured construction and permanent loans or grants for temporary housing or residential housing, community facilities and essential business activities: Provided, That no such loan or grant shall be made except upon a written finding by the board that the loan or grant and the manner in which it will be provided constitute a disaster recovery activity and that the loan or grant is not otherwise available, wholly or in part, from a private or public lender upon reasonably equivalent terms and conditions; and
(15) To create and maintain an information systems disaster recovery center within the state of West Virginia, which shall be located in a rural area that is at least one hundred nautical miles from the city of Charleston. The chief technology officer and the information services division of the department of administration shall assist the board in developing specifications for the disaster recovery center and shall provide the funding needed for the development and maintenance of the disaster recovery center; and
(15) (16) Do all acts necessary and proper to carry out the powers granted to the board under this article.

NOTE: The purpose of this bill is to create and maintain an information systems disaster recovery center within the state.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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