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HB 2424

Eliminate Governor’s Power for Shutdown

2025 Regular Session Introduced by Chris Anders and 7 co-sponsors

House Bill 2424 requires legislative approval for state emergency declarations, limiting the Governor's power and ensuring more oversight and public involvement in emergencies.

To House Judiciary
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Bill Summary · HB 2424

Summary of House Bill 2424: Eliminate Governor’s Power for Shutdown

Bill Number: HB 2424
Introduced: February 17, 2025
Status: To House Judiciary
Classification: Bill

Purpose and Intent

House Bill 2424 aims to amend the existing provisions regarding the declaration of a state of emergency or state of preparedness in West Virginia. The primary intent of the bill is to require a full legislative vote for any gubernatorial declarations of a state of emergency or preparedness, thereby limiting the Governor's unilateral power to impose such declarations.

Key Provisions

The bill proposes the following significant changes to §15-5-6 of the Code of West Virginia:

  1. Legislative Approval Required:

    • The Governor can no longer proclaim a state of emergency or preparedness without concurrent approval from the Legislature. This means that both the Governor and the Legislature must agree on the necessity of such declarations.

  2. Duration of Declarations:

    • A gubernatorially proclaimed state of emergency would expire 60 days after issuance unless the Legislature adopts a concurrent resolution to extend it.
    • A Class I state of preparedness would expire 30 days after issuance, also requiring legislative approval for any extensions.

  3. Combined Duration Limits:

    • If a state of emergency follows a state of preparedness due to similar circumstances, the total duration of both combined cannot exceed 90 days unless extended by the Legislature.

  4. Mandatory Legislative Concurrence:

    • The Legislature must convene within 48 hours of a gubernatorial proclamation to assess the necessity of continuing the state of preparedness or emergency and to determine any further actions required for public health and safety.

  5. Public Communication:

    • Proclamations must include a description of the circumstances warranting the declaration and be disseminated to the public and relevant legislative leaders promptly.

Who Would Be Affected

  • Governor's Office: The bill directly impacts the powers of the Governor, reducing their ability to act independently in emergencies.
  • Legislature: Members of the Legislature will have increased responsibilities and authority in emergency situations, requiring them to convene and vote on emergency measures.
  • Public: Citizens of West Virginia will experience changes in how emergency measures are enacted, potentially leading to more legislative oversight and public discourse on emergency management.

Procedural Aspects

  • The bill was introduced and referred to the House Judiciary Committee on February 17, 2025.
  • If passed, the bill would require significant changes to the existing emergency management protocols in West Virginia, emphasizing legislative involvement in emergency declarations.

Conclusion

House Bill 2424 seeks to enhance legislative oversight over emergency declarations in West Virginia, ensuring that such critical decisions are made collaboratively between the Governor and the Legislature. By requiring legislative approval for states of emergency and preparedness, the bill aims to balance executive power with democratic accountability.

Compiled from official sources — confirm details with the bill’s official record.

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