Newsroom & Archives

2010 Bill Watch

2010 General Assembly Session: Emergency Management Related Bills

The following emergency management related bills have been filed for the 2010 General Assembly session. Bills that are passed, tabled or combined with another bill or bills are marked with a graphic icon. The full text of each bill and its detailed status information is available by clicking on the bill numbers. All links open in a new browser window.

If you have any questions or comments about the information below, please contact George Urquhart at (804) 897-6500 ext. 6598 or george.urquhart@vdem.virginia.gov.

Updated Mar. 22, 2010

---

HB 0046 : Virginia Disaster Response Fund; hazardous materials in dwellings.

 
• Bill Summary: Virginia Defective Drywall Correction and Restoration Assistance Fund; creation.
  Modified in the Amendment in the Nature of A Substitute, to wit:
  A BILL to amend the Code of Virginia by adding in Title 36 a chapter numbered 10.1, consisting of sections numbered 36-156.1 and 36-156.2, relating to creation of the Virginia Defective Drywall Correction and Restoration Assistance Fund.
  
• Patron: Glen Oder
• Status:
• PASSED HOUSE and SENATE
  _____
  3/14/10 – PASSED HOUSE: 93(Y)-1(N)
  3/14/10 PASSED SENATE 39Y)-0(N);
  Conference Committee Report
  

---

HB 866 : Mutual aid agreements.

 
• Summary as introduced: Mutual aid agreements. Includes private police forces of institutions of higher learning in existing provisions that allow for mutual aid agreements for the joint use of police forces.
  http://leg1.state.va.us/cgi-bin/legp504.exe?ses=101&typ=bil&val=hb866
  
• Patron: Benjamin Cline
• Status: Passed HOUSE and SENATE - 2/16/10 – PASSED HOUSE: 94(Y)-4(N)-1(A)
  3/5/10 PASSED SENATE 39(Y)-0(N)

---

HB 869 : Prohibition on wearing a mask; public emergency exception.

 
• Summary as introduced: Adds to the existing exemptions in the section making it a Class 6 felony for a person over the age of 16 to wear a mask in public or on private property without the owner's written consent an exception when the Governor has declared a disaster or state of emergency in response to a public health emergency.
  http://leg1.state.va.us/cgi-bin/legp504.exe?ses=101&typ=bil&val=Hb869
  
  
• Patron: Benjamin Cline
• Status: 2/3/10 – PASSED HOUSE: 97(Y)-0(N)
  3/1/10 PASSED SENATE 40(Y)-0(N).
  

---

HB 883: Declaration of judicial emergency.

 
• Summary as introduced: . Sets out a procedure for the Supreme Court to follow in entering an order declaring a judicial emergency when there is a disaster as defined in the Commonwealth's Emergency Services and Disaster Law. The judicial emergency order may suspend, toll, extend, or otherwise grant relief from time limits or filing requirements in any court affected by the order and allows designation of a neighboring jurisdiction as proper venue for civil and criminal proceedings. This bill is a recommendation of the Judicial Council.
  
• Patron: Clifford Athey
• Status: 2/3/10 – PASSED HOUSE: 98(Y)-0(N)
  2/24/10 PASSED SENATE w/amendment; 3/1/10 HOUSE vote- ADOPTION: 99(Y)-0(N)

---

HB 903: Threat assessment teams; records.

 
• Summary as introduced: Exempts all records of threat assessment teams established at public institutions of higher education from the provisions of the Freedom of Information Act, and allows these teams to receive health and criminal history records of students for the purposes of assessment and intervention.
  
• Patron: Senator Robert Bell
• Status: 3/13/10 – PASSED HOUSE: 97(Y)-0(N)
  3/13/10 – PASSED SENATE 39(Y)-0(N)
  Conference Committee Report
  
  

---

HB 1070: Carrying of concealed handguns in emergency shelters.

• Summary as introduced: Provides that a person who has a valid concealed handgun permit may not be barred from carrying a concealed handgun in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth, or any other governmental entity as an emergency shelter or for the purpose of sheltering persons.
  
• Patron: Clifford Athey
• Status: DEFEATED. 2/16/10 – PASSED HOUSE: 74(Y)-24(N); 2/17/10: SENATE  Referred to Committee on Courts
  3/8/10: Left in Courts  

---

HB 1238: Public institutions of higher education; crisis and emergency management.

 
• Summary as introduced: Requires (i) the members of the threat assessment team, and (ii) the president and vice-president of each public institution of higher education, or the superintendent in the case of the Virginia Military Institute, to annually certify in writing to the Department of Emergency Management comprehension and understanding of the institution's crisis and emergency management plan. The bill also provides that each public institution of higher education shall annually conduct a live emergency drill in accordance with the protocols established by the institution's crisis and emergency management plan. THIS IS A COMPANION BILL TO SB608
  
• Patron: Luke Torian
• Status: 2/11/10 – PASSED HOUSE: 94(Y)-2(N); 2/22/10 PASSED SENATE 40(Y)-0(N) 2/24/10 – HOUSE enrolled – PASSED HOUSE and SENATE

---

HB 1350: Virginia Post-Disaster Anti-Price Gouging Act.

• Summary as introduced: Shortens the potential duration of the period during which the requirements of the Virginia Post-Disaster Anti-Price Gouging Act are in effect from 30 days after the occurrence of a disaster or a renewal or extension of a state of emergency to 10 days after such events. However, if the state of emergency is extended or renewed for longer than 10 days, the longer period will apply.
  
• Patron: Christopher Peace
• Status: DEFEATED. 2/15/10 – PASSED HOUSE: 99(Y)-0(N);
  2/16/10: SENATE Referred to Commerce and Labor.
  3/8/10 Failed/Defeated in Committee

---

SB 54: Capital murder; fire and emergency personnel.

• Summary as introduced: Adds the following personnel to the capital murder statute so that the death sentence can be imposed for the murder of such a person in the performance of the person's official duties: fire marshals and assistant fire marshals with law-enforcement powers, firefighters, special forest wardens, emergency medical technicians, lifesaving and rescue squad members, arson investigators, volunteer firefighters and lifesaving or rescue squad members if the governing body has adopted a resolution acknowledging the volunteers as employees for the purposes of workers' compensation, and persons certified as emergency medical service providers.
  
• Patron: Stephen Martin
• Status:
• DEFEATED. 1/4/10 – SENATE: Referred to Courts of Justice;
  2/15/10 SENATE, Passed by Indefinitely 10(Y)-5(N)
  

---

SB 127: Declaration of judicial emergency.

 
• Summary as introduced: Sets out a procedure for the Supreme Court to follow in entering an order declaring a judicial emergency when there is a disaster as defined in the Commonwealth's Emergency Services and Disaster Law. The judicial emergency order may suspend, toll, extend, or otherwise grant relief from time limits or filing requirements in any court affected by the order and allows designation of a neighboring jurisdiction as proper venue for civil and criminal proceedings. This bill is a recommendation of the Judicial Council.
  
• Patron: Henry Marsh
• Status: 1/21/10 – PASSED SENATE: 39(Y) – 0(N);
  3/3/10 – PASSED HOUSE w/amendment; 3/5/10 SENATE: House Amendment Agreed to - 39(Y)-0(N)
  

---

SB 183 : Malicious injury; search and rescue personnel.

 
• Summary as introduced: Adds search and rescue personnel who are members of an organization that has a memorandum of understanding with the Virginia Department of Emergency Management to the definition of search and rescue personnel so that the enhanced penalty will apply if they are the victims of malicious or unlawful wounding. Malicious wounding is a Class 3 felony (five to 20 years); the penalty for malicious wounding of search and rescue personnel is five to 30 years, with a mandatory minimum term of imprisonment of two years. Unlawful wounding of search and rescue personnel is a Class 6 felony (one to five years), with a mandatory minimum term of imprisonment of one year.
  
• Patron: William Wampler
• Status: 1/21/10 – PASSED SENATE: 39(Y) – 0(N); 3/3/10 – HOUSE Courts Sub. #1: Criminal Recommends Reporting 8(Y)-0(N)
  3/9/10 PASSED HOUSE: 95(Y)-0(N)
  

---

SB 276: Dam safety; requirements of Soil and Water Conservation Board's Impounding Structure Regulations.

• Summary as introduced: Dam safety. Allows those dams that do not comply with dam safety regulations to continue to operate so long as the owner of the dam has adopted a dam safety emergency action plan. These dams could continue to operate without correcting any deficiencies as long as funding is not available through the Dam Safety, Flood Prevention and Protection Assistance Fund. Once such funding is available the dams will have to comply with all of the dam safety regulations
• Patron: R. Edward Houck
• Status: On 3/13/10: Senate passed Senate: 40 (Y) (0) N. Bill text as passed Senate and House (SB276ER).

---

SB 523: Virginia Disaster Response Fund; hazardous materials in dwellings.

• Summary as introduced: Authorizes funds from the Virginia Disaster Response Fund to be disbursed to political subdivisions for the removal of hazardous materials from, and subsequent repair of, dwelling units. This is a companion measure to HB0046
  
• Patron: Thomas Norment
• Status:
• DEFEATED. 1/27/10 – PASSED SENATE: Senate 40(Y) – 0(N). 2/26/10 HOUSE: MPPS Sub #3 recommends stricken from docket; 2/26/10 Stricken from MPPS docket by voice vote

---

SB 532 : Prohibition on wearing a mask; public emergency exception.

 
• Summary as introduced: Adds to the existing exemptions in the section making it a Class 6 felony for a person over the age of 16 to wear a mask in public or on private property without the owner's written consent an exception when the Governor has declared a disaster or state of emergency in response to a public health emergency. Companion measure to HB869.
  
• Patron: Ryan McDougle
• Status: 2/4/10 – PASSED SENATE: 40(Y)-0(N); 3/2/10: PASSED HOUSE 99(Y)-0(N).

---

SB 608 : Public institutions of higher education; crisis and emergency management.

 
• Summary as introduced: Requires (i) the members of the threat assessment team, and (ii) the resident and vice-president of each public institution of higher education, or the superintendent in the case of the Virginia Military Institute, to annually certify in writing to the Department of Emergency Management comprehension and understanding of the institution's crisis and emergency management plan. The bill also provides that each public institution of higher education shall annually conduct a live emergency drill in accordance with the protocols established by the institution's crisis and emergency management plan. THIS IS A COMPANION BILL TO HB1238
  
• Patron: John Edwards
• Status: 1/26/10 – PASSED SENATE: 40(Y) – 0(N);
  2/26/10 PASSED HOUSE: with Substitute 96(Y)-0(N); 3/2/10 SENATE: House Substitute Agreed to – 40(Y)-0(N).

---

SB 725 : Sales and use tax; sales tax holiday for certain hurricane preparedness equipment.

• Summary as introduced: Adds portable pet carriers to the list of hurricane preparedness items that are exempt from the sales and use tax during the week of May 25 through May 31 each year.
  
• Patron: Harry Blevins
• Status: DEFEATED. 2/9/10 – PASSED SENATE: 40(Y)-0(N); 3/1/10 HOUSE: Passed by Indefinitely in Finance – Voice Vote

---