reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 15. Public Safety › Article 5. Division of Homeland Security and Emergency Management › §15-5-10. Regional Organizations for Emergency Services

Regional organizations for emergency services may be established in the discretion of the Governor for any combination of political subdivisions. Each such organization shall be directed by the council which shall consist of the local directors, hereinbefore provided for in section eight of this article, of emergency services of the political subdivisions included in the region for which the organization is established. The local directors of emergency services shall designate the chairman, who may be one of the local directors, a private citizen or a local official, and may appoint committees representing different groups of interested citizens to assist them in the discharge of their duties. Members of such committees shall not be entitled to compensation for their services. The regional organizations and their members shall, in accordance with the state plan and program for emergency services, engage in such activities and perform such functions and duties as will further the provision of emergency services for the region and state. The emergency service organizations shall coordinate their activities with those of the regional planning and development councils in this state, and each local political subdivision included in the region shall pay its proportionate share of the ordinary expenses of such activities.
Any such organization may, within the limits of the funds made available for the purpose by the local political subdivisions included in the region or by the state, employ necessary personnel and fix their compensation, if any. Any such regional organization may be dissolved, reorganized or rearranged by the Governor whenever in his discretion such action is necessary.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5. Division of Homeland Security and Emergency Management › §15-5-11. Immunity and Exemption; &Quotduly Qualified Emergency Service Worker" Defined

(a) All functions hereunder and all other activities relating to emergency services are hereby declared to be governmental functions. Neither the state nor any political subdivision nor any agency of the state or political subdivision nor, except in cases of willful misconduct, any duly qualified emergency service worker complying with or reasonably attempting to comply with this article or any order, rule, regulation or ordinance promulgated pursuant to this article, shall be liable for the death of or injury to any person or for damage to any property as a result of such activity. This section does not affect the right of any person to receive benefits or compensation to which he or she would otherwise be entitled under this article, chapter twenty-three of this code, any Act of Congress or any other law.
(b) Any requirement for a license to practice any professional, mechanical or other skill does not apply to an authorized emergency service worker who shall, in the course of performing his or her duties, practice such skill during an emergency.
(c) As used in this section, "duly qualified emergency service worker" means:
(1) Any duly qualified full or part-time paid, volunteer or auxiliary employee of this state, or any other state, territory, possession or the District of Columbia, of the federal government, of any neighboring country or political subdivision thereof or of any agency or organization performing emergency services in this state subject to the order or control of or pursuant to the request of the state or any political subdivision thereof.
(2) Duly qualified instructors and properly supervised students in recognized educational programs where emergency services are taught. A recognized educational program shall include any program in an educational institution existing under the laws of this state and such other educational programs as shall be established by the Division of Homeland Security and Emergency Management or otherwise under this article.
(3) A member of any duly qualified mine rescue team designated by a mine operator pursuant to the provisions of section thirty-five, article one, chapter twenty-two-a of this code who is performing or engaging in emergency rescue services.
(d) A duly qualified emergency service worker performing his or her duty in this state pursuant to any lawful agreement, compact or arrangement for mutual aid and assistance to which the state or a political subdivision is a party shall possess the same powers, duties, immunities and privileges he or she would possess if performing the same duties in his or her own state, province or political subdivision thereof.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5. Division of Homeland Security and Emergency Management › §15-5-12. Liability to Sheltered Persons

Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege or otherwise permits the designation or use of the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock or practice emergency shall, together with his successors in interest, if any, not be civilly liable for negligently causing the death of or injury to any sheltered person on or about such real estate or premises or for loss of or damage to the property of any such sheltered person.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5. Division of Homeland Security and Emergency Management › §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 State Resiliency Officer and acting through the Governor, or a political subdivision after consultation and in coordination with the State Resiliency Officer and acting with the consent of the Governor and through its executive officer or governing body, may accept the offer. Upon acceptance, the Governor of the state or executive officer or governing body of the political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive services, equipment, supplies, materials or funds on behalf of the state or the 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 State Resiliency Officer and acting through the Governor, or the political subdivision after consultation and in coordination with the State Resiliency Officer and acting through its executive officer or governing body, may accept the offer. Upon acceptance, the Governor of the state or executive officer or governing body of the political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive services, equipment, supplies, materials, or funds on behalf of the state or the political subdivision and subject to the terms of the offer.
(d) The Governor may require any agency, authority, corporation, partnership, or other entity to furnish a report, in both written and electronic form, detailing the source and receipt of all services, equipment, supplies, materials, or funds for purposes relating to homeland security or emergency services as a condition of receiving these from the state. Within 10 days of the receipt of any reports required under this subsection, the Governor shall furnish copies thereof to the Legislature.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5. Division of Homeland Security and Emergency Management › §15-5-15. Emergency Service Personnel

(a) No person may be employed or associated in any capacity in homeland security or any emergency service organization established under this article who has been convicted of a felony or who advocates or has advocated a change by force or violence in the Constitutional form of the government of the United States or this state or the overthrow of any government in the United States by force or violence or who has been convicted of or is under indictment or information charging any subversive act against the United States.
(b) Each person who is appointed to serve in an organization for homeland security or emergency services shall undergo a background check and shall, before entering upon his or her duties, take an oath, in writing, before a person authorized to administer oaths in this state, which shall be substantially as follows:
"I,_________________, do solemnly swear or affirm that I will support and defend the Constitution of the United States and the Constitution of West Virginia against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or evasion; that I am not a convicted felon; and that I will faithfully and competently discharge the duties upon which I am about to enter.
"I do further swear or affirm that I do not advocate, nor am I a member of any political party or organization that advocates, the overthrow of the government of the United States or this state by force or violence; while I am a member of the (name of organization) I will not advocate or become a member of any political party or organization that advocates the overthrow of the government of the United States or this state by force or violence."
2023 West Virginia Code › Chapter 15. Public Safety › Article 5. Division of Homeland Security and Emergency Management › §15-5-15a. Paid Leave for Disaster Service Volunteers

Any state employee who is a certified disaster service volunteer of the American Red Cross may be granted leave from his or her state employment with pay, for not more than fifteen work days in each year, to participate in specialized disaster relief services for the American Red Cross. Leave shall be granted under this section upon the request of the American Red Cross for the services of that employee and only upon the approval of that employee's immediate supervisor. Leave shall be granted without loss of pay, annual leave, sick leave, earned overtime compensation, seniority or compensatory time. The state shall compensate an employee granted leave under this section at the employee's regular rate of pay for those regular work hours during which the employee is absent from his or her state employment. Any supervisor granting leave to an employee for purposes of participating in specialized disaster relief shall make a report to the Governor which includes the name of the employee and the cost of salary and benefits of that employee during the period of the leave. The Governor shall keep a record of the total cost of the salary and benefits of employees who have been granted leave and in no event shall the total cost for all state agencies exceed $100,000: Provided, That upon approval of the Governor and repayment of the cost to the employing agency, from the civil contingent fund, leave may be granted in an excess of a total cost of $100,000 if a state of emergency has been proclaimed pursuant to section six of this article.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5. Division of Homeland Security and Emergency Management › §15-5-15b. Paid Leave for Certain State Officers and Employees During a Declared State of Emergency

(a) Any state employee who is designated an essential member of an emergency aid provider may be granted leave from his or her state employment with pay, for not more than fifteen work days in each year, to provide disaster relief or emergency services in areas of the state in which a state of emergency has been declared. Leave shall be granted under this section upon: (1) Designation of the employee as an essential member by the chief executive officer or other officer or agent of the emergency aid provider who has authority to act on its behalf; and (2) approval of that employee’s immediate supervisor. Leave shall be granted without loss of pay, annual leave, sick leave, earned overtime compensation, seniority or compensatory time. The state shall compensate an employee granted leave under this section at the employee’s regular rate of pay for those regular work hours during which the employee is absent from his or her state employment. Any supervisor granting leave to an employee for purposes of participating in disaster relief or emergency services pursuant to this section shall make a report to the Governor which includes the name of the employee and the total cost, if any, to the employing agency attributable to the temporary replacement of the employee granted leave in the circumstance where replacement is necessary. The Governor shall keep a record of the total cost reported and in no event may the total cost for all state agencies exceed $300,000: Provided, That upon approval of the Governor and repayment of the cost to the employing agency, from the Civil Contingent Fund, leave may be granted in an excess of a total cost of $300,000.
(b) Notwithstanding the provisions of this section to the contrary, no person may be designated an essential member of an emergency aid provider for purposes of this section, if the person is employed by an emergency aid provider located in or that customarily serves an area included within the state of emergency.
(c) As used in this section:
(1) “Emergency aid provider” means a local organization for emergency services as defined by section two, article five, chapter fifteen of this code or a volunteer fire department that is providing emergency services during a state of emergency as a result of the circumstances that resulted in the declaration of the state of emergency;
(2) “Essential member” means a person designated by an emergency aid provider whose services are needed to provide emergency services due to the circumstances that resulted in the declaration of the state of emergency;
(3) “State of emergency” means the situation existing after the occurrence of a disaster or circumstance in which a state of emergency has been declared by the Governor or by the Legislature pursuant to the provisions of section six of this article or in which a major disaster declaration or emergency declaration has been issued by the President of the United States.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5. Division of Homeland Security and Emergency Management › §15-5-16. Utilization of Existing Services and Facilities

In carrying out the provisions of this article, the Governor, the chairmen of the regional councils and the executive officers or governing bodies of the political subdivisions of the state are directed to utilize the services, equipment, supplies and facilities of existing departments, offices and agencies of the state and of the political subdivisions to the maximum extent practicable, and the officers and personnel of all such departments, offices and agencies are directed to cooperate with and extend such services and facilities to the Governor and to emergency service organizations of the state upon request.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5. Division of Homeland Security and Emergency Management › §15-5-17. Enforcement

It shall be the duty of every organization for emergency services established pursuant to this article and of the officers thereof to execute and enforce such orders, rules and regulations as may be made by the Governor under this article. Each such organization shall have at its office available for public inspection all such orders, rules and regulations of the Governor.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5. Division of Homeland Security and Emergency Management › §15-5-18. Arrest by Peace Officer Without Warrant

A peace officer, when in uniform or displaying a badge or other insignia of authority, may arrest without a warrant any person violating or attempting to violate in such officer's presence any order, rule or regulation made pursuant to this article. This authority shall be limited to arrest for violations of those orders, rules and regulations which affect the public generally.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5. Division of Homeland Security and Emergency Management › §15-5-19b. Criminal Penalties for Using Automated Telephone Calls to Disseminate False, Misleading or Deceptive Information Regarding Matters Effecting or Effected by a Proclaimed State of Emergency or State of Preparedness

(a) Any person or entity who, during a state of emergency or state of preparedness declared pursuant to the provisions of section six of this article: (1) Knowingly and willfully disseminates false, misleading or deceptive information regarding matters effecting or effected by the declaration; and (2) by means of an automated telephone call or calling device, including, but not limited to, technology designed to disseminate a previously recorded message shall be guilty of a misdemeanor and, upon conviction thereof, be confined in jail for not more than one year or fined not more than $5,000, or both.
(b) For purposes of this section each call made shall constitute a separate violation of this section.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5. Division of Homeland Security and Emergency Management › §15-5-20. Disaster Prevention

(a) In addition to disaster prevention measures as included in the state, local, regional and interjurisdictional disaster plans, the Governor shall consider on a continuing basis steps that could be taken to prevent or reduce the harmful consequences of disasters. At his or her direction, and pursuant to any other authority and competence they have, state agencies, including, but not limited to, those charged with responsibilities in connection with floodplain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land-use planning and construction standards, shall make studies of disaster prevention-related matters. The Governor, from time to time, shall make such recommendation to the Legislature, political subdivisions and other appropriate public and private entities as may facilitate measures for prevention or reduction of the harmful consequences of disasters.
(b) At the request of and in conjunction with the Office of Emergency Services, the divisions of energy, natural resources and highways and any state department insured by the Board of Risk and Insurance Management shall keep land use and construction of structures and other facilities under continuing study and identify areas which are particularly susceptible to severe land shifting, subsidence, flooding or other catastrophic occurrences. Such studies shall concentrate on means of reducing or avoiding the dangers caused by such occurrences and the consequences thereof.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5. Division of Homeland Security and Emergency Management › §15-5-20a. Floodplain Manager Training

(a) Community participation in the National Flood Insurance Program is important to manage and mitigate the special flood hazard areas in West Virginia. Therefore, all state, county, municipality and local floodplain managers should be adequately trained in floodplain management.
(b) Commencing July 1, 2012, each floodplain manager in the state is required to complete six hours of training in floodplain management annually to maintain good standing with the West Virginia Division of Emergency Management.
(c) A governmental unit that has a floodplain manager who fails to obtain the required training shall suspend the floodplain manager from his or her floodplain management responsibilities until the training requirement is met.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5. Division of Homeland Security and Emergency Management › §15-5-21. Communications

The Office of Emergency Services shall ascertain what means exist for rapid and efficient communication in times of disaster. The office shall consider the desirability of supplementing such communication resources or of integrating them into a comprehensive state or federal-state telecommunications or other communications system or network. In studying the character and feasibility of any system or its several parts, the office shall evaluate the possibility of multipurpose use thereof for various state, regional and local governmental purposes. The office shall make recommendations to the Governor as appropriate.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5. Division of Homeland Security and Emergency Management › §15-5-23. Severability; Conflicts

(a) If any section, subsection, subdivision, provision, clause or phrase of this article or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other sections, subsections, subdivisions, provisions, clauses or phrases or applications of the article, and to this end each and every section, subsection, subdivision, provision, clause and phrase of this article is declared to be severable. The Legislature hereby declares that it would have enacted the remaining sections, subsections, provisions, clauses and phrases of this article even if it had known that any section, subsection, subdivision, provision, clause and phrase thereof would be declared to be unconstitutional or invalid, and that it would have enacted this article even if it had known that the application thereof to any person or circumstance would be held to be unconstitutional or invalid.
(b) The provisions of subsection (a) of this section shall be fully applicable to all future amendments or additions to this article, with like effect as if the provisions of said subsection (a) were set forth in extenso in every such amendment or addition and were reenacted as a part thereof.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5. Division of Homeland Security and Emergency Management › §15-5-30. State of Emergency; State of Preparedness; Essential Workers

(a) During a state of emergency or state of preparedness, set forth by the Governor, employees of public utilities, cable television operators, telecommunications carriers, and publicly or privately owned water and sewer systems shall be considered essential workers to ensure that these services can continue to operate or be restored.
(b) Contractors, vendors, and suppliers of public utilities, cable television operators, telecommunications carriers, and publicly or privately owned water and sewer systems of the state shall be considered essential workers to aid the utilities and telecommunications services in continuation of services to its customers.
(c) The provisions of subsections (a) and (b) of this section apply only and specifically for the purpose of ensuring that public utilities, cable television operators, telecommunications carriers, and publicly or privately owned water and sewer systems can continue to operate or be restored and may not be construed or interpreted in any way to have any relevance or meaning beyond this specific purpose.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5A. West Virginia Emergency Response and Community Right-to-Know Act › §15-5A-1. Declaration of Purpose

The Legislature recognizes that Title III of the Superfund Amendments and Reauthorization Act of 1986: The Emergency Planning and Community Right-to-Know Act of 1986, P.L. 99-499, enacted by the United States Congress and signed into law on October 17, 1986, has two primary objectives, i.e., to require states and local communities to develop comprehensive emergency response plans, and to establish a program for the collection and dissemination to the public of information on certain hazardous chemicals and toxic chemicals in their communities.
The purpose of this article is to enable and authorize this state to fulfill its obligations under the federal statute.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5A. West Virginia Emergency Response and Community Right-to-Know Act › §15-5A-2. Jurisdiction of West Virginia Emergency Response Commission

The state emergency response commission shall have within its jurisdiction and supervision the preparation and implementation of comprehensive emergency response plans for each designated emergency planning district within the state so as to comply with the requirements of 42 U.S.C. §11001, et seq. The commission, through the Office of Emergency Services, shall also be responsible for providing the citizens of this state with information in accordance with the requirements of 42 U.S.C. §11001, et seq. and this article. All state agencies shall cooperate with and assist the commission in all commission duties and responsibilities.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5A. West Virginia Emergency Response and Community Right-to-Know Act › §15-5A-3. Definitions

Unless the context in which used clearly requires a different meaning, as used in this article:
(a) "Best management practices" means any practices made applicable to a facility pursuant to section 304(e) of the Clean Water Act and the federal regulations promulgated thereunder.
(b) "Clean Water Act" means the Federal Water Pollution Control Act, P.L. 92-500, enacted on October 18, 1972, and all subsequent amendments to that act.
(c) "Code" means the Code of West Virginia, 1931, as amended.
(d) "Commission" means the state emergency response commission.
(e) "Committee" means a local emergency planning committee.
(f) "Emergency planning district" means a geographic area designated by the commission as requiring its own comprehensive emergency response plan. The commission may designate existing political subdivisions or multijurisdictional planning organizations as such districts.
(g) "Facility" means a facility subject to the provisions of 42 U.S.C. §11001, et seq., and this article, pursuant to the provisions of 42 U.S.C. §11002.
(h) "Local emergency planning committee" means that group of persons, for each emergency planning district, who are appointed by the state emergency response commission in accordance with the provisions of section seven of this article.
(i) "Resource Conservation and Recovery Act" means P.L. 94-580, enacted on the October 21, 1976, and all subsequent amendments to that act.
(j) "Spill prevention control and countermeasure plan" means any plan developed pursuant to section 112.3 of title 40 of the code of federal regulations.
(k) "Title III" means the Emergency Planning and Community Right-to-Know Act of 1986, P.L. 99-499.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5A. West Virginia Emergency Response and Community Right-to-Know Act › §15-5A-6. Powers and Duties of the Office of Emergency Services

The Office of Emergency Services, as created by article five, chapter fifteen of the Code of West Virginia, shall perform the administrative duties of the state emergency response commission. The administrative duties to be performed by the Office of Emergency Services shall include, but shall not be limited to, the following:
(a) Receive, catalogue and organize information required to be submitted to the commission;
(b) Utilize existing state response organizations, plans and facilities to the extent possible;
(c) Upon concurrence of the commission, enter into training exercise agreements with federal response agencies;
(d) Coordinate with other state agencies on training for first responders and emergency service personnel;
(e) Respond to requests to the commission from the public for information pursuant to this act;
(f) Perform such preliminary analysis and collect such information as may be required to enable the commission to fully review local emergency response plans; and
(g) The director may employ such clerical and technical personnel and acquire data management and other equipment and office space as may be necessary to carry out the provisions of this act.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5A. West Virginia Emergency Response and Community Right-to-Know Act › §15-5A-8. Severability

The provisions of this article are severable and if any provision, section or part thereof shall be held invalid, unconstitutional or inapplicable to any person or circumstance, such invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sections or parts of the article or their application to him or to other persons and circumstances. It is hereby declared to be the legislative intent that this article would have been adopted if such invalid or unconstitutional provisions, section or part had not been included therein.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5B. Mine and Industrial Accident Rapid Response System › §15-5B-1. Legislative Purpose; Mine and Industrial Accident Rapid Response System Created

(a) The Legislature finds that the health and safety of persons working in and around the mining industry and other industries is of paramount concern to the people of West Virginia and that deaths and serious injuries resulting from dangerous working conditions cause grief and suffering to workers and their families. The Legislature further finds that there is an urgent need to provide more effective means and measures for improving emergency response and communications for dealing with mine and industrial accidents. The Legislature declares that it is in the best interest of the citizens of West Virginia to designate an emergency telephone number for mining or industrial personnel to initiate a rapid emergency response to any mine or industrial accident. Provision of a single, primary emergency number through which emergency services can be quickly and efficiently obtained and through which the response of various state agencies charged by law with responding to mine and industrial emergencies can be coordinated will significantly contribute to the public good. The Mine and Industrial Accident Rapid Response System will provide a vital resource to the citizens of West Virginia by providing a critical connection between the Director of the Office of Miners' Health, Safety and Training, the Division of Homeland Security and Emergency Management, local and regional emergency services organizations and other responsible agencies.
(b) The Mine and Industrial Accident Rapid Response System is hereby created and shall consist of:
(1) The Mine and Industrial Accident Emergency Operations Center established in section two of this article; and
(2) The 24-hour-a-day statewide telephone number established by the Director of the Division of Homeland Security and Emergency Management.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5B. Mine and Industrial Accident Rapid Response System › §15-5B-2. Mine and Industrial Accident Emergency Operations Center

(a) The Director of the Division of Homeland Security and Emergency Management, working in conjunction with the Office of Miners' Health, Safety and Training, shall maintain the Mine and Industrial Accident Emergency Operations Center, which shall be the official and primary state government 24-hour-a-day communications center for dealing with mine and industrial accidents.
(b) The emergency operations center shall be operated twenty-four hours a day, seven days a week by emergency service personnel employed by the director to provide emergency assistance and coordination to mine and industrial accidents or emergencies.
(c) The emergency operations center shall be readily accessible twenty-four hours a day at a statewide telephone number established and designated by the director.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5B. Mine and Industrial Accident Rapid Response System › §15-5B-4. Study of Other Industrial Emergencies

The Director of the Division of Homeland Security and Emergency Management shall immediately cause a study to be conducted to determine the feasibility of providing emergency coverage to other industrial, manufacturing, chemical or other emergencies through the Mine and Industrial Accident Rapid Response System. On or before November 1, 2006, the director shall submit a report to the Governor, the President of the Senate and the Speaker of the House of Delegates setting forth the findings of his or her study and recommendations for legislation consistent with the purposes of this article.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5B. Mine and Industrial Accident Rapid Response System › §15-5B-5. Rule-Making Authority

The Director of the Division of Homeland Security and Emergency Management shall propose emergency and legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code regarding the implementation and administration of the Mine and Industrial Accident Rapid Response System. The requirements of this article enacted during the 2006 regular session of the Legislature in January, shall not be implemented until the emergency rule authorized herein has been approved.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5B. Mine and Industrial Accident Rapid Response System › §15-5B-6. Mine Safety Anonymous Tip Hotline

The Director of the Division of Homeland Security and Emergency Management shall maintain a toll free number that allows callers to report mine safety violations and hazardous coal mining conditions and practices. The information collected shall be provided to the Office of Miners' Health, Safety and Training. No information may be submitted to the Office of Miners' Health, Safety and Training that would allow identification of the person placing the call. The calls are confidential and any documentation thereof or related thereto is not subject to release and is exempt from the provisions of article one, chapter twenty-nine-b of this code. The director shall distribute printed information to all state mining operations alerting miners to the existence of the toll free line. Each mining operation shall post this notice at the location used to post notices pursuant to section eighteen, article one, chapter twenty-two-a of this code.
2023 West Virginia Code › Chapter 15. Public Safety › Article 5C. Reporting of Emergency Incidents by Well and Pipeline Operators › §15-5C-1. Definitions

When used in this article:
(1) “Director” means the Director of the Division of Homeland Security and Emergency Management.
(2) “Incident” means:
(A) An injury to an individual at a well, well pad or pipeline facility that results in death or serious bodily injury or that has a reasonable potential to cause death;
(B) An unintended confinement of an individual in an enclosed space at a well, well pad or pipeline facility from which a person will not be released for a period exceeding fifteen minutes;
(C) The unintended ignition or explosion of oil, natural gas or other substance at a well, well pad or pipeline facility;
(D) An unintended fire in or about a well, well pad or pipeline facility not extinguished within fifteen minutes of discovery of the unintended fire; and
(E) Any unintended release of poisonous or combustible substances that have a reasonable potential to cause death.
(3) “Pipeline facility” means, without limitation, new and existing pipe, pipe rights-of-way and any equipment, facility, or building used in the transportation of oil or natural gas or the treatment of oil or natural gas during the course of transportation: Provided, That the term “pipeline facility” shall not include pipelines of four inches or less, measuring the inside diameter, that service a farm, commercial structure or residence.
(4) “Pipeline operator” means any person or persons, firm, partnership, independent contractor, company or corporation that constructs, maintains or operates a pipeline facility.
(5) “Well” means any shaft or hole sunk, drilled, bored or dug into the earth or into underground strata for the extraction or injection or placement of any liquid, oil or natural gas, or any shaft or hole sunk or used in conjunction with such extraction or injection or placement. The term “well” does not include any shaft or hole sunk, drilled, bored or dug into the earth for the sole purpose of core drilling or pumping or extracting therefrom potable, fresh or usable water for household, domestic, industrial, agricultural or public use.
(6) “Well pad” means any area constructed and maintained for use to create a well.
(7) “Well operator” means any person or persons, firm, partnership, independent contractor, company or corporation that drills or engages in hydraulic fracturing for any liquid, oil or natural gas, or that completes or operates wells to produce any liquid, oil or natural gas.
2023 West Virginia Code › Chapter 15. Public Safety › Article 6. State Armory Board › §15-6-1. Legislative Purpose and Authority

In order to provide modern and efficient facilities for the training, operations, supply and administration of the National Guard, to provide for the defense of the state in time of war and to repel invasion and suppress insurrection, to provide facilities for use in time of fires, floods, riots and other disasters, to provide public meeting places, recreational and other facilities and to promote the general welfare, the state armory board (hereinafter created) is hereby authorized and empowered to construct, acquire, improve, maintain, repair and operate armories and armory projects (as hereinafter defined) and to issue armory board revenue bonds of the State of West Virginia, payable solely from revenues, to pay the cost of such projects.
2023 West Virginia Code › Chapter 15. Public Safety › Article 6. State Armory Board › §15-6-2. Armory Board Revenue Bonds Not to Constitute State Debt, etc.

Armory board revenue bonds issued under the provisions of this article shall not be deemed to constitute a debt of the state or of any political subdivision thereof or a pledge of the faith and credit of the state or of any such political subdivision, but such bonds shall be payable solely from the funds herein provided therefor from revenues. All such bonds shall contain on the face thereof a statement to the effect that neither the state nor any political subdivision thereof shall be obligated to pay the same or the interest thereon except from revenues of the project or projects for which they are issued and that neither the faith and credit nor the taxing power of the state or any political subdivision thereof is pledged to the payment of the principal of or the interest on such bonds.
2023 West Virginia Code › Chapter 15. Public Safety › Article 6. State Armory Board › §15-6-3. Definitions

The following terms, wherever used or referred to in this article shall have the following meanings, unless a different meaning clearly appears from the context:
(a) The word "board" shall mean the state armory board created by section four of this article, or if such board be abolished, any board or officer succeeding to the functions thereof, or upon whom the powers given by this article to the board shall be given by law.
(b) The word "bonds" shall mean armory board revenue bonds issued under the provisions of section seven of this article.
(c) The term "armory" shall mean and embrace buildings, areas and centers and the equipment and other facilities appurtenant thereto, including armories, arsenals, ranges, campgrounds, service centers, training areas, concentration areas, and warehouses, used for the training, administration, operations and maintenance of the National Guard or any combination or combinations thereof, and any other equipment and facilities incorporated therein for the accomplishment of the purposes set forth in section one of this article.
(d) The words "project" or "armory project" shall be deemed to mean collectively the acquisition and construction of buildings, structures and other works, together with all roads, incidental approaches and other facilities appurtenant thereto and all property, rights, easements and other interests, which the board shall determine to construct, acquire or improve under the provisions of this article in order to provide new or improved military facilities, and the necessary maintenance and equipment therefor.
(e) The term "cost of project" shall embrace the cost of construction, the cost of all land, rights of way, property rights, easements and interest acquired by the board for such construction, the cost of all property, material, labor, machinery and equipment deemed essential thereto, cost of improvements, financing charges, interest during construction and for a period not to exceed one year after completion of construction, cost of preliminary estimates, plans, surveys and other expenses necessary or incident to determining the feasibility or practicability of construction of the project, administrative expenses and all other expenses, including legal fees, trustees', engineers' and architects' fees which may be necessary or incident to the financing, construction and placing of the project in operation.
(f) The term "rent" or "rental" shall include all moneys received for the use of any part of the project, whether from the State of West Virginia, or any officer, department or public corporation thereof, or from any private corporation or person: Provided, That nothing in this article shall be taken to authorize the payment by or on behalf of the state of any rent in excess of the fair rental value of the property used by or for such state officer, or department, or public corporation in the exercise of his or its statutory duties.
2023 West Virginia Code › Chapter 15. Public Safety › Article 6. State Armory Board › §15-6-4. State Armory Board -- Generally

The state armory board is continued. The board may sue and be sued, and plead and be impleaded. It is a body corporate and is an agency of the state. The exercise by the board of the powers conferred by this article in the acquisition, financing, construction, operation and maintenance of armories and armory projects is an essential governmental function. The board consists of the Governor or his or her designee, the Secretary of State and the Auditor. The Governor or his or her designee, is chairman of the board and the Secretary of State is the secretary of the board. Two members of the board is a quorum and the vote of two members is necessary for any action taken by the board.
The members and officers of the board are not entitled to compensation for their services, but each member shall be reimbursed for expenses necessarily incurred in the performance of his or her duties.
2023 West Virginia Code › Chapter 15. Public Safety › Article 6. State Armory Board › §15-6-5. State Armory Board -- Duties

The board shall be responsible for the acquisition, financing, construction, and disposition of armories. It shall properly maintain, repair, operate, manage and control all armories, fix the rates of rental, and establish bylaws and rules and regulations for their use and operation, and may make and enter into all contracts, agreements necessary and incidental to the performance of its duties and execution of its powers under this article. It shall audit and approve all bills, claims and accounts in connection with the construction, acquisition, maintenance, repair and operation of all armories before such bills, claims and accounts shall be paid, and it shall perform such other duties as this article may require or as may be otherwise required by law.
2023 West Virginia Code › Chapter 15. Public Safety › Article 6. State Armory Board › §15-6-6. State Armory Board -- Powers

The board is hereby authorized and empowered:
(a) To adopt bylaws for the regulation of its affairs and the conduct of its business.
(b) To adopt an official seal and alter the same at pleasure.
(c) To sue and be sued in its own name, plead and be impleaded: Provided, however, That any and all actions at law or in equity against the board shall be brought only in the county in which the principal office of the board is located.
(d) To construct, maintain, repair and operate and dispose of armories and armory projects at such locations within the state as may be determined by the board.
(e) To issue armory board revenue bonds of the State of West Virginia payable solely from revenues, for the purpose of paying all or any part of the cost of any one or more armory projects.
(f) To contract and to acquire in the name of the state by purchase or otherwise on such terms and in such manner as it may deem proper, or by the exercise of the right of condemnation in the manner hereinafter provided, such public or private lands, including public parks or reservations, or parts thereof or rights therein, rights of way, property, rights, easements and interests, as it may deem necessary for carrying out the provisions of this article; and to dispose of the same in accordance with the law: Provided, however, That no compensation shall be paid for public lands owned by the state or any subdivision thereof so taken and that all public property damaged in carrying out the powers granted by this article, shall be restored or repaired and placed in its original condition as nearly as practicable.
(g) To acquire, hold and dispose of real and personal property in the exercise of its powers and for its corporate purposes.
(h) To appoint officers and agents and to fix their compensation.
(i) To make and execute all contracts, agreements and other instruments necessary or incident to the performance of its duties and for its corporate purposes.
(j) To receive and accept from any federal agency grants for or in aid of armory projects, and to receive and accept aid or contributions of either money, property, labor or other things of value, from any source including counties, municipalities, boards of education and other political subdivisions or agencies of the state.
(k) To charge rent for the use of any armory or armory project, or any part thereof, subject to and in accordance with such agreements with bondholders as may be made as hereinafter provided.
(l) To enter upon any lands or premises for the purposes of making surveys, soundings and examinations.
(m) To do all things necessary or convenient to carry out the powers granted in this article, including the management and use of armories and armory projects not inconsistent with their use by the state for armory purposes as defined herein.