H. B. 2191
(By Delegates Michael, Warner, R.M. Thompson,
Proudfoot and Leach)
[Introduced January 14, 2003; 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 of the department of
administration to assist the board in developing
specifications; and providing that the funding for the
development and maintenance of the center shall be provided by
the department of administration.
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 board
also has the power following powers and duties:
(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.