H. B. 4797
(By Delegates Michael, Warner, Thompson, Proudfoot, Leach,
Pettit and Facemyer)
(Originating in the Committee on Finance)
[March 1, 2000]
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:
§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.