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2009 Bill Watch
2009 General Assembly Session: Emergency Management Related Bills
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Passed:
Tabled or Stricken:

Combined:

The following emergency management related bills have been filed for the 2009 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. 06, 2009 FINAL REPORT
SB 1030 :
Commonwealth Law-Enforcement Mutual Aid Agreement
- Summary as introduced: Establishes the Commonwealth Law-Enforcement Mutual Aid agreement. Each local police and sheriff's department in the Commonwealth will automatically participate in the agreement, unless the chief law-enforcement officer provides the Virginia Department of Emergency Management with written notice of withdrawal from the agreement.
- Patron: Emmett Hanger
- Status: Withdrawn By Patron
SB 1150 :
Emergency plans; victims' rights
- Summary as introduced: . Requires all emergency plans to include a provision that the Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund shall be contacted immediately to deploy assistance in the event of an emergency as defined in the emergency response plan when there are victims as defined in § 19.2-11.01, as well as current contact information for both.
- Patron: Janet Howell
- Status: Passed
SB 1163 :
Composition of the Wireless E-911 Services Board.
- Summary as introduced: Adds the Director of the Virginia Department of Emergency Management as a permanent member of the Board and replaces the CIO as chairman. The bill also adds the Director as a permanent member of the Wireless Carrier E-911 Cost Recovery Subcommittee and replaces the CIO as chairman.
- Patron: John Watkins
- Status: Passed
SB 1164:
Authorized payments from the Wireless E-911 Fund
- Summary as introduced: . Adds operating expenses and administrative costs of the Division of Public Safety Communications as authorized payments from the Wireless E-911 Fund.
- Patron: John Watkins
- Status: Passed
SB 1294:
Crisis intervention pilot programs for persons with mental illness.
- Summary as introduced: Permits the Department of Criminal Justice Services to establish crisis intervention team pilot programs in areas of the state by January 1, 2010. The crisis intervention team pilot programs shall assist law-enforcement officers in responding to crisis situations involving persons with mental illness, substance abuse problems, or both. By November 1, 2009, the Department shall submit to the Joint Commission on Health Care a report outlining the plan for the program. The Department, in consultation with the Department of Mental Health, Mental Retardation and Substance Abuse Services, shall establish a training program for all persons involved in the crisis intervention team pilot programs. Each crisis intervention team shall develop a protocol that permits law-enforcement officers to release from custody persons whom they encounter in crisis situations when the crisis intervention team has determined the person is sufficiently stable. The Department shall evaluate and report annually to the Joint Commission on Health Care on the impact and effectiveness of the crisis intervention team pilot programs.
- Patron: Senator John S. Edwards
- Status: Passed
SB 1472 : Prepaid wireless E-911 charges.
- Summary as introduced: Establishes a procedure for the collection and remittance of prepaid wireless E-911 charges by sellers of prepaid wireless service in the Commonwealth. The charge is established at $0.38 per retail transaction; as such amount is adjusted proportionately with any change to the wireless E-911 surcharge. The Department shall establish registration and payment procedures with respect to prepaid wireless E-911 charges that substantially coincide with those applicable to the sales tax. Seller may retain three percent of collected prepaid wireless E-911 charges. The measure applies to retail transactions occurring on or after January 1, 2010.
- Patron: Richard Saslaw
- Status: Withdrawn
HB 1664: Council of Higher Education; eliminates requirement to develop crisis & emergency management plan.
- Summary as introduced: Eliminates the requirement that the State Council of Higher Education for Virginia must develop and revise, as it deems necessary, a model institutional crisis and emergency management plan for the purpose of assisting public and private two- and four-year institutions of higher education in establishing, operating, and maintaining emergency services and disaster preparedness activities.
- Patron: Robert Tata
- Status: Passed
HB 1680:
Vested rights; defines term 'act of God' to include hurricane, tornado, etc.
- Summary as introduced: Defines the term "act of God" to include a hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, or fire. Specifies that a fire caused by an individual other than the property owner shall not adversely affect the rights vested in the affected property. Limits the owner's right to repair, rebuild, or replace the building to its original nonconforming condition only if such building is damaged greater than 50 percent. Additionally, the proposed amendment provides that a zoning ordinance may allow for a building or structure covered by this section to be brought in compliance with the Uniform Statewide Building Code in effect at the time of the constructio of such building or structure.
- Patron: Robert D. Orrock, Sr.
- Status: Passed
HB 1711:
Civil immunity for charitable food donations and distributions.
- Summary as introduced: Provides that any charitable organization engaged in a food distribution program for needy persons shall be exempt from civil liability arising from any injury or death resulting from the nature, age, condition, or packaging of the distributed food. In addition, the bill provides that any (i) volunteer who donates prepared food to a charitable organization engaged in a food distribution program for needy persons; (ii) restaurant and any processor, distributor, wholesaler, or retailer of food that donates unserved excess foods to any charitable organization for distribution to needy persons; (iii) person who donates food to any food bank or any second harvest certified food bank or food bank member charity; and (iv) farmer, processor, distributor, wholesaler, food service establishment, restaurant, or retailer of food who donates food to any food bank or any second harvest certified food bank or food bank member charity and whose existing exemption is moved to this bill from § 3.2-5144 of the Code of Virginia shall be exempt from civil liability arising from any injury or death resulting from the nature, age, condition, or packaging of the donated food.
- Patron: Glen Order
- Status: Tabled
HB 1849:
Virginia Post-Disaster Anti-Price Gouging Act; resource shortages
- Summary as introduced: Expands the definition of "disaster" for purposes of the Virginia Post-Disaster Anti-Price Gouging Act to include any resource shortage in the Commonwealth that results from a disaster for which the President has declared a state of emergency and for which the Governor has issued an executive order proclaiming that a shortage exists. A resource shortage is an absence, unavailability or reduced supply of any raw or processed natural resource, or any commodities, goods or services of any kind that bear a substantial relationship to the health, safety, welfare and economic well-being of the citizens of the Commonwealth. The measure also revises the definition of "supplier" to delete the condition that a manufacturer, distributor or licensor advertise the goods or services that are to be resold, leased, or sublicensed in a consumer transaction. The definition of a "time of disaster" is clarified and amended to include the period of time during which a Governor's proclamation provides that a resource shortage exists
- Patron: Delegate Scott Lingamfeiter
- Status: Tabled
HB 1903 :
Virginia Post-Disaster Anti-Price Gouging Act; resource shortages.
- Summary as introduced: Expands the existing prohibition on post-disaster price gouging to prohibit a seller from selling necessary goods and services at an unconscionable price during the time of a resource shortage within any affected area of the Commonwealth. A resource shortage is defined as an absence, unavailability, or reduced supply of certain natural resources, commodities, goods, or services that result from a state of emergency anywhere in the country when a presidential state of emergency is declared.
- Patron: Ward Armstrong
- Status: Tabled
HB 1958 : I
nfectious disease presumption; emergency declaration by Governor.
- Summary as introduced: Authorizes the Governor to declare that a communicable, contagious, or infectious disease is a disease that is covered by the existing infectious disease presumption for firefighters, paramedics, emergency medical technicians, and certain law-enforcement officers under the Virginia Workers' Compensation Act. The presumption currently exists for hepatitis, meningococcal meningitis, tuberculosis, and HIV. Such a declaration may be made after the Board of Health has issued an order for the purpose of suppressing the outbreak of the disease and the Governor has declared a state of emergency due to an outbreak of the disease that poses a danger to the life and health of the public.
- Patron: Robert Mathieson
- Status: Incorported into HB2478 (PBI)
HB 1983 :
Emergency response; liability.
- Summary as introduced: Provides civil immunity for private and charitable organizations providing resources and assistance, without compensation, pursuant to a governor-declared emergency or during a formal emergency management training exercise, and at the request of the State Department of Emergency Management or a local emergency management employee. The immunity would not apply in instances of gross negligence, recklessness, or willful misconduct.
- Patron: Jennifer McClellan
- Status: Passed
HB 2398 : Commonwealth Law-Enforcement Mutual Aid Agreement.
- Summary as introduced: Establishes the Commonwealth Law-Enforcement Mutual Aid agreement. Each local police and sheriff's department in the Commonwealth will automatically participate in the agreement, unless the chief law-enforcement officer provides the Virginia Department of Emergency Management with written notice of withdrawal from the agreement
- Patron: Robert Bell
- Status: Withdrawn
HB 2449:
Notification of infectious disease.
- Summary as introduced: Establishes deemed consent to test for and release test results related to infectious disease in cases involving any (i) salaried or volunteer firefighter, paramedic or emergency medical technician, (ii) member of the State Police Officers' Retirement System, (iii) member of county, city or town police departments, (iv) sheriff or deputy sheriff, (v) Department of Emergency Management hazardous materials officer, (vi) city sergeant or deputy city sergeant of the City of Richmond, (vii) Virginia Marine Police officer, (viii) conservation police officer who is a full-time sworn member of the enforcement division of the Department of Game and Inland Fisheries, (ix) Capitol Police officer, (x) special agent of the Department of Alcoholic Beverage Control, or (xi) conservation officer of the Department of Conservation and Recreation. This bill also changes the term "communicable disease liaison officer" to "exposure control officer" and removes language providing that a receiving facility has no duty to perform a test or tests beyond those necessary for the medical management of a patient delivered by an emergency medical services agency to the receiving facility.
- Patron: Mark Sickles
- Status: Passed
HB 2478 :
Infectious disease presumption; emergency declaration by Governor.
- Summary as introduced: Authorizes the Governor to declare that a communicable, contagious, or infectious disease is a disease that is covered by the existing infectious disease presumption for firefighters, paramedics, emergency medical technicians, and certain law-enforcement officers under the Virginia Workers Compensation Act. The presumption currently exists for hepatitis, meningococcal meningitis, tuberculosis, and HIV. Such a declaration may be made after the Board of Health has issued an order for the purpose of suppressing the outbreak of the disease and the Governor has declared a state of emergency due to an outbreak of the disease that poses a danger to the life and health of the public.
- Patron: Timothy Hugo
- Status: Passed By Indefinitely PBI (Contested)
HB 2612 :
Emergency plans
- Summary as introduced: Requires all emergency plans to include a provision that the Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund shall be contacted immediately to deploy assistance in the event of an emergency as defined in the emergency response plan when there are victims as defined in § 19.2-11.01, as well as current contact information for both. COMPANION BILL TO SB1150
- Patron: Steve Shannon
- Status: Passed