West Virginia Code
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.

Structure West Virginia Code

West Virginia Code

Chapter 15. Public Safety

Article 5. Division of Homeland Security and Emergency Management

§15-5-1. Policy and Purpose

§15-5-2. Definitions

§15-5-3. Division of Emergency Management Created

§15-5-4. West Virginia Disaster Recovery Board Created; Organization of Board; Appointment of Board Members; Term of Office and Expenses of Board Members; Meetings

§15-5-4b. West Virginia Disaster Recovery Trust Fund Disbursement

§15-5-4c. Powers and Duties Related to the West Virginia Disaster Recovery Trust Fund

§15-5-5. General Powers of the Governor

§15-5-6. Emergency Powers of Governor

§15-5-6a. Temporary Suspension of Nutrition Standards in Public Schools

§15-5-7. Mobile Support Units

§15-5-8. Local Organization for Emergency Services

§15-5-9. Mutual Aid Agreements

§15-5-10. Regional Organizations for Emergency Services

§15-5-11. Immunity and Exemption; &Quot;duly Qualified Emergency Service Worker" Defined

§15-5-12. Liability to Sheltered Persons

§15-5-13. Appropriations; Acceptance of Services, Gifts, Grants, and Loans

§15-5-14. Political Activity of Emergency Service Organizations

§15-5-15. Emergency Service Personnel

§15-5-15a. Paid Leave for Disaster Service Volunteers

§15-5-15b. Paid Leave for Certain State Officers and Employees During a Declared State of Emergency

§15-5-16. Utilization of Existing Services and Facilities

§15-5-17. Enforcement

§15-5-18. Arrest by Peace Officer Without Warrant

§15-5-19. Unorganized Militia

§15-5-19a. Possession of Firearms During a Declared State of Emergency

§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

§15-5-20. Disaster Prevention

§15-5-20a. Floodplain Manager Training

§15-5-20b. Continuation of the State Office of the National Flood Insurance Program; Transfer to the Division of Emergency Management; Funding; Responsibilities

§15-5-21. Communications

§15-5-22. Emergency Management Assistance Compact

§15-5-23. Severability; Conflicts

§15-5-24. Disaster Recovery Trust Fund; Disbursement of Funds

§15-5-25. Prohibition on Funds Inuring to the Benefit of or Being Distributable to Members, Officers or Private Persons

§15-5-26. Tax Exemption

§15-5-27. Annual Report

§15-5-28. Statewide Mutual Aid System

§15-5-29. Cooperation With State Resiliency Office

§15-5-30. State of Emergency; State of Preparedness; Essential Workers