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Administrative Acts §
2.2-1122. Aid and cooperation of Division may be sought
by any public body or public broadcasting station in making purchases; use of
facilities of Virginia Distribution Center; Board to furnish list of public
broadcasting stations to Division; services to certain volunteer organizations.
§
2.2-1124. Disposition of surplus materials. §
2.2-2821.2. Leave for volunteer fire and rescue service.
§8.01-225.
Persons rendering emergency care, obstetrical services exempt from liability.
(Good
Samaritan Law) Emergency
Services and Disaster Law. Sec. §
44-146.13. Short title. §
44-146.14. Findings of General Assembly. §
44-146.15. Construction of chapter. §
44-146.16. Definitions. §
44-146.17. Powers and duties of Governor. § 44-146.17:1. Transmittal to General Assembly of rules, regulations, and orders. §
44-146.18. Department of Emergency Services continued as
Department of Emergency Management; administration and operational control;
coordinator and other personnel; powers and duties. §
44-146.18:1. Virginia Disaster Response Funds disbursements;
reimbursements. §
44-146.18:2. Authority of Coordinator of Emergency Management in
undeclared emergency. §
44-146.19. Powers and duties of political subdivisions. §
44-146.20. Joint action by political subdivisions. §
44-146.21. Declaration of local emergency. §
44-146.22. Development of measures to prevent or reduce harmful
consequences of disasters. §
44-146.23. Immunity from liability. §
44-146.24. Cooperation of public agencies. §
44-146.25. Certain persons not to be employed or associated in
emergency services organizations; loyalty oath required. §
44-146.26. Duties of emergency management organizations. §
44-146.27. Supplementing federal funds; assistance of federal
agencies; acceptance of gifts and services; appropriations by local governing
bodies. §
44-146.28. Authority of Governor and agencies under his control
in declared state of emergency. § 44-146.28:1. Compact enacted into law; terms. § 54.1-2981. Health Care Decisions Act. EMERGENCY
MANAGEMENT ASSISTANCE COMPACT §
65.2-402.1. Presumption as to death or disability from
infectious disease. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ §
2.2-1122. Aid and cooperation of Division may be sought by any public body
or public broadcasting station in making purchases; use of facilities of
Virginia Distribution Center; Board to furnish list of public broadcasting
stations to Division; services to certain volunteer organizations.
A.
Virginia public broadcasting stations as defined in § 2.2-2427, and public
bodies as defined in § 2.2-4300 who are empowered to purchase material,
equipment, and supplies of any kind, may purchase through the Division. When any
such public body, public broadcasting station, or duly authorized officer
requests the Division to obtain bids for any materials, equipment and supplies,
and the bids have been obtained by the Division, the Division may award the
contract to the lowest responsible bidder, and the public body or public
broadcasting station shall be bound by the contract. The Division shall set
forth in the purchase order that the materials, equipment and supplies be
delivered to, and that the bill be rendered and forwarded to, the public body or
public broadcasting station. Any such bill shall be a valid and enforceable
claim against the public body or public broadcasting station requesting the
bids. B.
The Division may make available to any public body or public broadcasting
station the facilities of the Virginia Distribution Center maintained by the
Division; however, the furnishing of any such services or supplies shall not
limit or impair any services or supplies normally rendered any department,
division, institution or agency of the Commonwealth. C.
The Virginia Public Broadcasting Board shall furnish to the Division a list of
public broadcasting stations in Virginia for the purposes of this section.
D.
The services or supplies authorized by this section shall extend to any
volunteer fire company or volunteer rescue squad that is recognized by an
ordinance to be a part of the safety program of a county, city or town when the
services or supplies are sought through and approved by the governing body of
such county, city or town. (1982,
c. 647, § 2.1-454.1; 1984, c. 746; 1997, c. 858; 2001, c. 844.) ~ top ~
§
2.2-1124. Disposition of surplus materials. A.
"Surplus materials" means personal property including, but not limited
to, materials, supplies, equipment, and recyclable items, but shall not include
property as defined in § 2.2-1147 that is determined to be surplus. Surplus
materials shall not include finished products that a mental health or mental
retardation facility sells for the benefit of its patients or residents,
provided that (i) most of the supplies, equipment, or products have been donated
to the facility; (ii) the patients or residents of the facility have
substantially altered the supplies, equipment, or products in the course of
occupational or other therapy; and (iii) the substantial alterations have
resulted in a finished product. B.
The Department shall establish procedures for the disposition of surplus
materials from departments, divisions, institutions, and agencies of the
Commonwealth. Such procedures shall: 1.
Permit surplus materials to be transferred between or sold to departments,
divisions, institutions, or agencies of the Commonwealth; 2.
Permit surplus materials to be sold to Virginia charitable corporations granted
tax-exempt status under § 501 (c) (3) of the Internal Revenue Code and
operating as clinics for the indigent and uninsured that are organized for the
delivery of primary health care services (i) as federally qualified health
centers designated by the Health Care Financing Administration or (ii) at a
reduced or sliding fee scale or without charge; 3.
Permit public sales or auctions, provided that the procedures provide for sale
to all political subdivisions and any volunteer rescue squad or volunteer fire
department established pursuant to § 15.2-955 any surplus materials prior to
the public sale or auction…. [to see the full statute please review Virginia
Code § 2.2-1124 in its entirety]. ~ top ~
§ 2.2-2821.2. Leave for volunteer fire and rescue service.
State
employees shall be allowed up to sixteen hours of paid leave in any calendar
year, in addition to other paid leave, to serve with a volunteer fire department
and rescue squad or auxiliary unit thereof that has been recognized in
accordance with § 15.2-955 by an ordinance or resolution of the political
subdivision where the volunteer fire department or rescue squad is located as
being a part of the safety program of such political subdivision. The Department
shall develop personnel policies providing for the use of such leave. For the
purposes of this section, "state employee" means any person who is
regularly employed full time on a salaried basis, whose tenure is not restricted
as to temporary or provisional appointment, in the service of, and whose
compensation is payable, no more often than biweekly, in whole or in part, by
the Commonwealth or any department, institution, or agency thereof.
~
top ~ GOOD SAMARITAN LAW
§8.01-225.
Persons rendering emergency care, obstetrical services exempt from liability. A.
Any person who: 1.
In good faith, renders emergency care or assistance, without compensation, to
any ill or injured person at the scene of an accident, fire, or any
life-threatening emergency, or en route therefrom to any hospital, medical
clinic or doctor's office, shall not be liable for any civil damages for acts or
omissions resulting from the rendering of such care or assistance. 2.
In the absence of gross negligence, renders emergency obstetrical care or
assistance to a female in active labor who has not previously been cared for in
connection with the pregnancy by such person or by another professionally
associated with such person and whose medical records are not reasonably
available to such person shall not be liable for any civil damages for acts or
omissions resulting from the rendering of such emergency care or assistance. The
immunity herein granted shall apply only to the emergency medical care provided.
3.
In good faith and without compensation, administers epinephrine to an individual
for whom an insect sting treatment kit has been prescribed shall not be liable
for any civil damages for ordinary negligence in acts or omissions resulting
from the rendering of such treatment if he has reason to believe that the
individual receiving the injection is suffering or is about to suffer a
life-threatening anaphylactic reaction. 4.
Provides assistance upon request of any police agency, fire department, rescue
or emergency squad, or any governmental agency in the event of an accident or
other emergency involving the use, handling, transportation, transmission or
storage of liquefied petroleum gas, liquefied natural gas, hazardous material or
hazardous waste as defined in § 18.2-278.1 or regulations of the Virginia Waste
Management Board shall not be liable for any civil damages resulting from any
act of commission or omission on his part in the course of his rendering such
assistance in good faith. 5.
Is an emergency medical care attendant or technician possessing a valid
certificate issued by authority of the State Board of Health who in good faith
renders emergency care or assistance whether in person or by telephone or other
means of communication, without compensation, to any injured or ill person,
whether at the scene of an accident, fire or any other place, or while
transporting such injured or ill person to, from or between any hospital,
medical facility, medical clinic, doctor's office or other similar or related
medical facility, shall not be liable for any civil damages for acts or
omissions resulting from the rendering of such emergency care, treatment or
assistance, including but in no way limited to acts or omissions which involve
violations of State Department of Health regulations or any other state
regulations in the rendering of such emergency care or assistance. 6.
Has attended and successfully completed a course in cardiopulmonary
resuscitation which has been approved by the State Board of Health who, in good
faith and without compensation, renders or administers emergency cardiopulmonary
resuscitation, cardiac defibrillation, including, but not limited to, the use of
an automated external defibrillator, or other emergency life-sustaining or
resuscitative treatments or procedures which have been approved by the State
Board of Health to any sick or injured person, whether at the scene of a fire,
an accident or any other place, or while transporting such person to or from any
hospital, clinic, doctor's office or other medical facility, shall be deemed
qualified to administer such emergency treatments and procedures and shall not
be liable for acts or omissions resulting from the rendering of such emergency
resuscitative treatments or procedures. 7.
In compliance with § 32.1-111.14:1
registers an automated external defibrillator for use at the scene of an
emergency, operates a registered automated external defibrillator at the scene
of an emergency, trains individuals to be operators of registered automated
external defibrillators, or orders automated external defibrillators which are
subsequently registered, shall be immune from civil liability for any personal
injury that results from any act or omission in the use of a registered
automated external defibrillator in an emergency where the person performing the
defibrillation acts as an ordinary, reasonably prudent person would have acted
under the same or similar circumstances, unless such personal injury results
from gross negligence or willful or wanton misconduct of the person rendering
such emergency care. 8.
Is a volunteer in good standing and certified to render emergency care by the
National Ski Patrol System, Inc., who, in good faith and without compensation,
renders emergency care or assistance to any injured or ill person, whether at
the scene of a ski resort rescue, outdoor emergency rescue or any other place or
while transporting such injured or ill person to a place accessible for transfer
to any available emergency medical system unit, or any resort owner voluntarily
providing a ski patroller employed by him to engage in rescue or recovery work
at a resort not owned or operated by him, shall not be liable for any civil
damages for acts or omissions resulting from the rendering of such emergency
care, treatment or assistance, including but not limited to acts or omissions
which involve violations of any state regulation or any standard of the National
Ski Patrol System, Inc., in the rendering of such emergency care or assistance,
unless such act or omission was the result of gross negligence or willful
misconduct. 9.
Is an employee of a school board, authorized by a prescriber and trained in the
administration of insulin and glucagon, who, upon the written request of the
parents as defined in § 22.1-1,
assists with the administration of insulin or administers glucagon to a student
diagnosed as having diabetes who requires insulin injections during the school
day or for whom glucagon has been prescribed for the emergency treatment of
hypoglycemia shall not be liable for any civil damages for ordinary negligence
in acts or omissions resulting from the rendering of such treatment if the
insulin is administered according to the child's medication schedule or such
employee has reason to believe that the individual receiving the glucagon is
suffering or is about to suffer life-threatening hypoglycemia. Whenever any
employee of a school board is covered by the immunity granted herein, the school
board employing him shall not be liable for any civil damages for ordinary
negligence in acts or omissions resulting from the rendering of such insulin or
glucagon treatment. B.
Any licensed physician serving without compensation as the operational medical
director for a licensed emergency medical services agency in this Commonwealth
shall not be liable for any civil damages for any act or omission resulting from
the rendering of emergency medical services in good faith by the personnel of
such licensed agency unless such act or omission was the result of such
physician's gross negligence or willful misconduct. Any
person serving without compensation as a dispatcher for any licensed public or
nonprofit emergency services agency in this Commonwealth shall not be liable for
any civil damages for any act or omission resulting from the rendering of
emergency services in good faith by the personnel of such licensed agency unless
such act or omission was the result of such dispatcher's gross negligence or
willful misconduct. Any
individual, certified by the State Office of Emergency Medical Services as an
emergency medical services instructor and pursuant to a written agreement with
such office, who, in good faith and in the performance of his duties, provides
instruction to persons for certification or recertification as a certified basic
life support or advanced life support emergency medical services technician
shall not be liable for any civil damages for acts or omissions on his part
directly relating to his activities on behalf of such office unless such act or
omission was the result of such emergency medical services instructor's gross
negligence or willful misconduct. Any
licensed physician serving without compensation as a medical advisor to an E-911
system in this Commonwealth shall not be liable for any civil damages for any
act or omission resulting from rendering medical advice in good faith to
establish protocols to be used by the personnel of the E-911 service, as defined
in § 58.1-3813.1,
when answering emergency calls unless such act or omission was the result of
such physician's gross negligence or willful misconduct. Any
licensed physician who directs the provision of emergency medical services, as
authorized by the State Board of Health, through a communications device shall
not be liable for any civil damages for any act or omission resulting from the
rendering of such emergency medical services unless such act or omission was the
result of such physician's gross negligence or willful misconduct. Any
licensed physician serving without compensation as a supervisor of a registered
automated external defibrillator in this Commonwealth shall not be liable for
any civil damages for any act or omission resulting from rendering medical
advice in good faith to the registrant of the automated external defibrillator
relating to personnel training, local emergency medical services coordination,
protocol approval, automated external defibrillator deployment strategies, and
equipment maintenance plans and records unless such act or omission was the
result of such physician's gross negligence or willful misconduct. C.
Any provider of telecommunication service, as defined in § 58.1-3812,
including mobile service, in this Commonwealth shall not be liable for any civil
damages for any act or omission resulting from rendering such service with or
without charge related to emergency calls unless such act or omission was the
result of such service provider's gross negligence or willful misconduct. Any
volunteer engaging in rescue or recovery work at a mine or any mine operator
voluntarily providing personnel to engage in rescue or recovery work at a mine
not owned or operated by such operator, shall not be liable for civil damages
for acts or omissions resulting from the rendering of such rescue or recovery
work in good faith unless such act or omission was the result of gross
negligence or willful misconduct. D.
Nothing contained in this section shall be construed to provide immunity from
liability arising out of the operation of a motor vehicle. For
the purposes of this section, the term "compensation" shall not be
construed to include (i) the salaries of police, fire or other public officials
or personnel who render such emergency assistance, (ii) the salaries or wages of
employees of a coal producer engaging in emergency medical technician service or
first aid service pursuant to the provisions of §§ 45.1-161.38,
45.1-161.101,
45.1-161.199
or § 45.1-161.263,
(iii) complimentary lift tickets, food, lodging or other gifts provided as a
gratuity to volunteer members of the National Ski Patrol System, Inc., by any
resort, group or agency, or (iv) the salary of any person who, in compliance
with § 32.1-111.14:1,
(a) registers an automated external defibrillator for the use at the scene of an
emergency, (b) trains individuals, in courses approved by the Board of Health,
to operate registered automated external defibrillators at the scene of
emergencies, (c) orders automated external defibrillators for subsequent
registration and use at the scene of emergencies, or (d) operates, in accordance
with the training required by § 32.1-111.14:1,
a registered automated external defibrillator at the scene of an emergency.
For
the purposes of this section, an emergency medical care attendant or technician
shall be deemed to include a person licensed or certified as such or its
equivalent by any other state when he is performing services which he is
licensed or certified to perform by such other state in caring for a patient in
transit in this Commonwealth, which care originated in such other state. ~
top ~
Chapter
3.2. Emergency
Services and Disaster Law. Sec. §
44-146.13. Short title. This
chapter may be cited as the "Commonwealth of Virginia Emergency Services
and Disaster Law of 2000." (1973,
c. 260; 2000, c. 309.) Cross
references. - As to postponement of certain elections during state of emergency,
see § 24.2-603.1. As
to emergency authority of the Secretary of the State Board of Elections, see §
24.2-713. As
to extension to file reports required under the Campaign Finance Disclosure Act,
§ 24.2-900 et seq., in emergency situations, see § 24.2-927.
The
2000 amendments. - The 2000 amendment by c. 309 substituted "2000" for
"1973." Law
review. - For survey of Virginia administrative law for the year 1974-1975, see
61 Va. L. Rev. 1632 (1975). Effect
of amendments to chapter. - The amendments to this chapter were changes of form,
which merely interpreted the 1973 act and made it more detailed and specific.
They were not changes of substance, which add rights to, or withdraw existing
rights from, an original act. Boyd v. Commonwealth, 216 Va. 16, 215 S.E.2d 915
(1975). Acute
motor vehicle fuel shortage of 1973 was a "disaster" within the
meaning of this chapter. Boyd v. Commonwealth, 216 Va. 16, 215 S.E.2d 915
(1975). ~
top ~
§
44-146.14. Findings of General Assembly. (a)
Because of the ever present possibility of the occurrence of disasters of
unprecedented size and destructiveness resulting from enemy attack, sabotage or
other hostile action, resource shortage, or from fire, flood, earthquake, or
other natural causes, and in order to insure that preparations of the
Commonwealth and its political subdivisions will be adequate to deal with such
emergencies, and generally to provide for the common defense and to protect the
public peace, health, and safety, and to preserve the lives and property and
economic well-being of the people of the Commonwealth, it is hereby found and
declared to be necessary and to be the purpose of this chapter:
(1)
To create a State Department of Emergency Management, and to authorize the
creation of local organizations for emergency management in the political
subdivisions of the Commonwealth; (2)
To confer upon the Governor and upon the executive heads or governing bodies of
the political subdivisions of the Commonwealth emergency powers provided herein;
and (3)
To provide for rendering of mutual aid among the political subdivisions of the
Commonwealth and with other states and to cooperate with the federal government
with respect to the carrying out of emergency service functions.
(b)
It is further declared to be the purpose of this chapter and the policy
of the Commonwealth that all emergency service functions of the Commonwealth be
coordinated to the maximum extent possible with the comparable functions of the
federal government, other states, and private agencies of every type, and that
the Governor shall be empowered to provide for enforcement by the Commonwealth
of national emergency services programs, to the end that the most effective
preparation and use may be made of the nation's resources and facilities for
dealing with any disaster that may occur. (1973,
c. 260; 1974, c. 4; 1975, c. 11; 2000, c. 309.) The
2000 amendments. - The 2000 amendment by c. 309, in subdivision (a)(1),
substituted "Emergency Management" for "Emergency Services"
twice; and added "and" at the end of subdivision (a)(2).
Importance
of adequate supply of motor vehicle fuel. - The health, safety and welfare of
the people of Virginia depend upon an adequate supply of motor vehicle fuel.
Boyd v. Commonwealth, 216 Va. 16, 215 S.E.2d 915 (1975).
~
top ~
§
44-146.15. Construction of chapter. Nothing
in this chapter is to be construed to: (1)
Limit, modify, or abridge the authority of the Governor to exercise any powers
vested in him under other laws of this Commonwealth independent of, or in
conjunction with, any provisions of this chapter; (2)
Interfere with dissemination of news or comment on public affairs; but any
communications facility or organization, including, but not limited to, radio
and television stations, wire services, and newspapers, may be required to
transmit or print public service messages furnishing information or instructions
in connection with actual or pending disaster;
(3)
Affect the jurisdiction or responsibilities of police forces, fire-fighting
forces, units of the armed forces of the United States or any personnel thereof,
when on active duty; but state, local and interjurisdictional agencies for
emergency services shall place reliance upon such forces in the event of
declared disasters; or (4)
Interfere with the course of conduct of a labor dispute except that actions
otherwise authorized by this chapter or other laws may be taken when necessary
to forestall or mitigate imminent or existing danger to public health or safety.
(1973,
c. 260; 2000, c. 309.) The
2000 amendments. - The 2000 amendment by c. 309 added "or" at the end
of subdivision (3). ~
top ~
§
44-146.16. Definitions. As
used in this chapter unless the context requires a different meaning:
(1)
"Natural disaster" means any hurricane, tornado, storm, flood, high
water, wind-driven water, tidal wave, earthquake, drought, fire or other natural
catastrophe resulting in damage, hardship, suffering or possible loss of life;
(2)
"Man-made disaster" means any condition following an attack by any
enemy or foreign nation upon the United States resulting in substantial damage
of property or injury to persons in the United States and may be by use of
bombs, missiles, shell fire, nuclear, radiological, chemical or biological means
or other weapons or by overt paramilitary actions; terrorism, foreign and
domestic; also any industrial, nuclear or transportation accident, explosion,
conflagration, power failure, resources shortage or other condition such as
sabotage, oil spills and other injurious environmental contaminations, which
threaten or cause damage to property, human suffering, hardship or loss of life;
(2a)
"Emergency" means any occurrence, or threat thereof, whether natural
or man-made, which results or may result in substantial injury or harm to the
population or substantial damage to or loss of property or natural resources and
may involve governmental action beyond that authorized or contemplated by
existing law because governmental inaction for the period required to amend the
law to meet the exigency would work immediate and irrevocable harm upon the
citizens or the environment of the Commonwealth or some clearly defined portion
or portions thereof; (3)
"Emergency services" means the preparation for and the carrying out of
functions, other than functions for which military forces are primarily
responsible, to prevent, minimize and repair injury and damage resulting from
natural or man-made disasters, together with all other activities necessary or
incidental to the preparation for and carrying out of the foregoing functions.
These functions include, without limitation, fire-fighting services, police
services, medical and health services, rescue, engineering, warning services,
communications, radiological, chemical and other special weapons defense,
evacuation of persons from stricken areas, emergency welfare services, emergency
transportation, emergency resource management, existing or properly assigned
functions of plant protection, temporary restoration of public utility services,
and other functions related to civilian protection. These functions also include
the administration of approved state and federal disaster recovery and
assistance programs; (4)
"Major disaster" means any natural catastrophe, including any:
hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami,
earthquake, volcanic eruption, landslide, mudslide, snowstorm or drought, or
regardless of cause, any fire, flood, or explosion, in any part of the United
States, which, in the determination of the President of the United States is, or
thereafter determined to be, of sufficient severity and magnitude to warrant
major disaster assistance under the Strafford Act (P.L. 43-288 as amended) to
supplement the efforts and available resources of states, local governments, and
disaster relief organizations in alleviating the damage, loss, hardship, or
suffering caused thereby and is so declared by him; (5)
"State of emergency" means the condition declared by the Governor when
in his judgment, the threat or actual occurrence of an emergency or a disaster
in any part of the Commonwealth is of sufficient severity and magnitude to
warrant disaster assistance by the Commonwealth to supplement the efforts and
available resources of the several localities, and relief organizations in
preventing or alleviating the damage, loss, hardship, or suffering threatened or
caused thereby and is so declared by him; (6)
"Local emergency" means the condition declared by the local governing
body when in its judgment the threat or actual occurrence of an emergency or
disaster is or threatens to be of sufficient severity and magnitude to warrant
coordinated local government action to prevent or alleviate the damage, loss,
hardship or suffering threatened or caused thereby; provided, however, that a
local emergency arising wholly or substantially out of a resource shortage may
be declared only by the Governor, upon petition of the local governing body,
when he deems the threat or actual occurrence of such an emergency or disaster
to be of sufficient severity and magnitude to warrant coordinated local
government action to prevent or alleviate the damage, loss, hardship or
suffering threatened or caused thereby; provided, however, nothing in this
chapter shall be construed as prohibiting a local governing body from the
prudent management of its water supply to prevent or manage a water shortage;
(7)
"Local emergency management organization" means an organization
created in accordance with the provisions of this chapter by local authority to
perform local emergency service functions;
(8)
"Political subdivision" means any city or county in the Commonwealth
and for the purposes of this chapter, the Town of Chincoteague and any town of
more than 5,000 population which chooses to have an emergency management program
separate from that of the county in which such town is located;
(9)
"Interjurisdictional agency for emergency management" is any
organization established between contiguous political subdivisions to facilitate
the cooperation and protection of the subdivisions in the work of disaster
prevention, preparedness, response, and recovery;
(10)
"Resource shortage" means the absence, unavailability or reduced
supply of any raw or processed natural resource, or any commodities, goods or
services of any kind which bear a substantial relationship to the health,
safety, welfare and economic well-being of the citizens of the Commonwealth;
(11)
"Discharge" means spillage, leakage, pumping, pouring, seepage,
emitting, dumping, emptying, injecting, escaping, leaching, fire, explosion, or
other releases; (12)
"Hazardous substances" means all materials or substances which now or
hereafter are designated, defined, or characterized as hazardous by law or
regulation of the Commonwealth or regulation of the United States government;
(13)
"Hazard mitigation" means any action taken to reduce or eliminate the
long-term risk to human life and property from natural hazards.
(1973,
c. 260; 1974, c. 4; 1975, c. 11; 1978, c. 60; 1979, c. 193; 1981, c. 116; 1984,
c. 743; 1993, c. 671; 2000, c. 309.) Cross
references. - For provision authorizing the Governor to waive certain statutory
mandates and regulations to expedite certain highway construction projects in
order to meet certain emergencies, see § 33.1-223.2:5.
The
2000 amendments. - The 2000 amendment by c. 309 inserted "terrorism,
foreign and domestic" near the middle of subdivision (2); in subdivision
(2a), substituted "any occurrence, or threat thereof, whether natural or
man-made, which results or may result in substantial injury or harm to the
population or substantial damage to or loss of property or natural resources and
may involve" for "a sudden and unforeseeable occurrence or condition,
either as to its onset or as to its extent, of such disastrous severity or
magnitude that," deleted "is required" following "existing
law," and inserted "or the environment"; in subdivision (4),
substituted "catastrophe, including any: hurricane, tornado, storm, high
water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption,
landslide, mudslide, snowstorm or drought, or regardless of cause, any fire,
flood, or explosion" for "or man-made disaster," substituted
"warrant major disaster assistance under the Stafford Act (P.L. 43-288 as
amended) to supplement the efforts and available resources of the several
states, local governments, and disaster relief" for "warrant disaster
assistance above and beyond emergency services by the federal government to
supplement the efforts and available resources of the several states, local
governments, and relief"; in subdivision (5), inserted "an emergency
or" near the middle, and deleted "when it is evident that the
resources of the Commonwealth are adequate to cope with such disasters" at
the end; in subdivision (6), substituted "of an, emergency or
disaster" for "of a disaster" near the beginning, substituted
"of such an emergency or disaster" for "of a disaster" near
the middle, and substituted "supply to prevent or manage a water
shortage" for "supply, in the absence of a declared state of
emergency, to prevent a water shortage" at the end; in subdivision (7),
inserted "management"; in subdivisions (8) and (9), substituted
"emergency management" for "emergency services"; and added
subdivision (13). Law
review. - For note, "Federal and State Remedies to Clean Up Hazardous Waste
Sites," see 20 U. Rich. L. Rev. 379 (1986).
Acute
motor vehicle fuel shortage of 1973 was a "disaster" within the
meaning of this chapter. Boyd v. Commonwealth, 216 Va. 16, 215 S.E.2d 915
(1975). ~
top ~
§
44-146.17. Powers and duties of Governor. The
Governor shall be Director of Emergency Management. He shall take such action
from time to time as is necessary for the adequate promotion and coordination of
state and local emergency services activities relating to the safety and welfare
of the Commonwealth in time of natural or man-made disasters.
The
Governor shall have, in addition to his powers hereinafter or elsewhere
prescribed by law, the following powers and duties: (1)
To proclaim and publish such rules and regulations and to issue such orders as
may, in his judgment, be necessary to accomplish the purposes of this chapter
including, but not limited to such measures as are in his judgment required to
control, restrict, allocate or regulate the use, sale, production and
distribution of food, fuel, clothing and other commodities, materials, goods,
services and resources under any state or federal emergency services programs.
He may adopt and implement the Commonwealth of Virginia Emergency Operations
Plan, which provides for state-level emergency operations in response to any
type of disaster or large-scale emergency affecting Virginia and that provides
the needed framework within which more detailed emergency plans and procedures
can be developed and maintained by state agencies, local governments and other
organizations. He may direct and compel evacuation of all or part of the
populace from any stricken or threatened area if this action is deemed necessary
for the preservation of life, implement emergency mitigation, preparedness,
response or recovery actions; prescribe routes, modes of transportation and
destination in connection with evacuation; and control ingress and egress at an
emergency area, including the movement of persons within the area and the
occupancy of premises therein. Executive orders, to include those declaring a
state of emergency and directing evacuation, shall have the force and effect of
law and the violation thereof shall be punishable as a Class 1 misdemeanor in
every case where the executive order declares that its violation shall have such
force and effect. Except as to emergency plans issued to prescribe actions to be
taken in the event of disasters and emergencies, no rule, regulation, or order
issued under this section shall have any effect beyond June 30 next following
the next adjournment of the regular session of the General Assembly but the same
or a similar rule, regulation, or order may thereafter be issued again if not
contrary to law; (2)
To appoint a State Coordinator of Emergency Management and authorize the
appointment or employment of other personnel as is necessary to carry out the
provisions of this chapter, and to remove, in his discretion, any and all
persons serving hereunder; (3)
To procure supplies and equipment, to institute training and public information
programs relative to emergency management and to take other preparatory steps
including the partial or full mobilization of emergency management organizations
in advance of actual disaster, to insure the furnishing of adequately trained
and equipped forces in time of need; (4)
To make such studies and surveys of industries, resources, and facilities in the
Commonwealth as may be necessary to ascertain the capabilities of the
Commonwealth and to plan for the most efficient emergency use thereof;
(5)
On behalf of the Commonwealth enter into mutual aid arrangements with other
states and to coordinate mutual aid plans between political subdivisions of the
Commonwealth; (6)
To delegate any administrative authority vested in him under this chapter, and
to provide for the further delegation of any such authority, as needed;
(7)
Whenever, in the opinion of the Governor, the safety and welfare of the people
of the Commonwealth require the exercise of emergency measures due to a
threatened or actual disaster, he may declare a state of emergency to exist;
(8)
To request a major disaster declaration from the President, thereby certifying
the need for federal disaster assistance and ensuring the expenditure of a
reasonable amount of funds of the Commonwealth, its local governments, or other
agencies for alleviating the damage, loss, hardship, or suffering resulting from
the disaster; and (9)
To provide incident command system guidelines for state agencies and local
emergency response organizations. (1973,
c. 260; 1974, c. 4; 1975, c. 11; 1981, c. 116; 1990, c. 95; 1997, c. 893; 2000,
c. 309.) Cross
references. - For local authority to supply emergency financial assistance to
farmers during declared major disasters, see § 3.1-22.19.
As
to punishment for Class 1 misdemeanors, see § 18.2-11.
The
2000 amendments. - The 2000 amendment by c. 309, in the introductory paragraph,
substituted "Management" for "Services" at the end of the
first sentence, and "emergency services" for "civilian" near
the middle of the second sentence; in subdivision (1), inserted the present
second sentence, in the present third sentence, substituted "life,
implement emergency mitigation, preparedness, response or recovery actions;
prescribe" for "life or other emergency mitigation, response or
recovery; prescribe" and inserted "including," and in the present
fourth sentence, inserted "to include those declaring a state of emergency
and directing evacuation"; in subdivision (3), substituted "training
and public information programs relative to emergency management and to take
other preparatory steps including the partial or full mobilization of emergency
management organizations" for "training programs and public
information programs, and to take all other preparatory steps including the
partial or full mobilization of emergency service organizations"; added
"as needed" at the end of subdivision (6); deleted "and" at
the end of subdivision (7); in subdivision (8), substituted "To request a
major disaster declaration from the President, thereby certifying the need for
federal disaster assistance and ensuring the expenditure" for "When
necessary, to request predisaster federal assistance or the declaration of a
major disaster and certify the need for federal disaster assistance and to give
assurance of the expenditure" and added "and" at the end thereof;
and added subdivision (9). ~
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§
44-146.17:1. Transmittal to General Assembly of rules, regulations, and
orders. The
Governor shall cause copies of any order, rule, or regulation proclaimed and
published by him pursuant to § 44-146.17 to be transmitted forthwith to each
member of the General Assembly. (1981, c. 160.) ~
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§
44-146.18. Department of Emergency Services continued as Department of
Emergency Management; administration and operational control; coordinator and
other personnel; powers and duties. (a)
The State Office of Emergency Services is continued and shall hereafter
be known as the Department of Emergency Management. Wherever the words
"State Department of Emergency Services" are used in any law of this
Commonwealth, they shall mean the Department of Emergency Management. During a
declared emergency this Department shall revert to the operational control of
the Governor. The Department shall have a coordinator who shall be appointed by
and serve at the pleasure of the Governor and also serve as State Emergency
Planning Director. The Department shall employ the professional, technical,
secretarial, and clerical employees necessary for the performance of its
functions. (b)
The State Department of Emergency Management shall in the administration
of emergency services and disaster preparedness programs:
(1)
Promulgate plans and programs which are conducive to adequate disaster
mitigation preparedness, response and recovery programs;
(2)
Prepare and maintain a State Emergency Operations Plan for disaster response and
recovery operations that assigns primary and support responsibilities for basic
emergency services functions to state agencies, organizations and personnel as
appropriate; (3)
Coordinate and administer disaster mitigation, preparedness, response and
recovery plans and programs with the proponent federal, state and local
government agencies and related groups; (4)
Provide guidance and assistance to state agencies and units of local government
in developing and maintaining emergency management programs, plans and systems;
(5)
Make necessary recommendations to agencies of the federal, state, or local
governments on preventive and preparedness measures designed to eliminate or
reduce disasters and their impact; (6)
Determine requirements of the Commonwealth and its political subdivisions for
those necessities needed in the event of a declared emergency which are not
otherwise readily available; (7)
Assist state agencies and political subdivisions in establishing and operating
training programs and programs of public information and education regarding
emergency services and disaster preparedness activities;
(8)
Consult with the Board of Education regarding the development and revision of a
model school crisis and emergency management plan for the purpose of assisting
public schools in establishing, operating, and maintaining emergency services
and disaster preparedness activities; (9)
Consult with the State Council of Higher Education in the development and
revision of a model institutional crisis and emergency management plan for the
purpose of assisting public and private two-year and four-year institutions of
higher education in establishing, operating, and maintaining emergency services
and disaster preparedness activities; (10)
Develop standards, provide guidance and encourage the maintenance of local and
state agency emergency operations plans; (11)
Prepare, maintain, coordinate or implement emergency resource management plans
and programs with federal, state and local government agencies and related
groups, and make such surveys of industries, resources, and facilities within
the Commonwealth, both public and private, as are necessary to carry out the
purposes of this chapter; (12)
Coordinate with the federal government and any public or private agency or
entity in achieving any purpose of this chapter and in implementing programs for
disaster prevention, mitigation, preparation, response, and recovery; and
(13)
Establish guidelines pursuant to § 44-146.28, and administer payments to
eligible applicants as authorized by the Governor. (c)
The State Department of Emergency Management shall during a period of
declared emergency be responsible for: (1)
The receipt, evaluation, and dissemination of intelligence pertaining to an
impending or actual disaster; (2)
Providing facilities from which state agencies and supporting organizations may
conduct emergency operations; (3)
Providing an adequate communications and warning system capable of notifying all
political subdivisions in the Commonwealth of an impending disaster within a
reasonable time; (4)
Establishing and maintaining liaison with affected political subdivisions;
(5)
Determining requirements for disaster relief and recovery assistance;
(6)
Coordinating disaster response actions of federal, state and volunteer relief
agencies; (7)
Coordinating and providing guidance and assistance to affected political
subdivisions to ensure orderly and timely response to and recovery from disaster
effects. (d)
The State Department of Emergency Management shall be provided the
necessary facilities and equipment needed to perform its normal day-to-day
activities and coordinate disaster-related activities of the various federal,
state, and other agencies during a state of emergency declaration by the
Governor or following a major disaster declaration by the President.
(e)
The State Department of Emergency Management is authorized to enter into
all contracts and agreements necessary or incidental to performance of any of
its duties stated in this section or otherwise assigned to it by law, including
contracts with the United States, other states, agencies and government
subdivisions of the Commonwealth, and other appropriate public and private
entities. (1973,
c. 260; 1974, c. 4; 1975, c. 11; 1979, c. 193; 1984, c. 720; 1985, cc. 443, 447;
1997, c. 893; 2000, c. 309; 2001, c. 841.) The
2000 amendments. - The 2000 amendment by c. 309, in the section catchline,
substituted "Department" for "Office," and "Emergency
Services" for "Emergency Management"; substituted "Emergency
Management" for "Emergency Services" throughout the section; in
subsection (a), substituted "State Department" for "State
Office" in the second sentence; in subsection (b), inserted "emergency
services and" in the introductory language;
inserted "mitigation" and inserted "response and
recovery" in subdivision (1); substituted "for disaster response and
recovery operations that assigns primary and support responsibilities for basic
emergency services functions to state agencies, organizations and personnel as
appropriate" for "relating to man-made and natural disaster
concerns" in subdivision (2); substituted "disaster mitigation,
preparedness, response and recovery plans" for "preparedness
plans" in subdivision (3); substituted "developing and maintaining
emergency management programs, plans and systems" for "designing
emergency programs and plans" in subdivision (4); added "and education
regarding emergency services and disaster preparedness activities" at the
end of subdivision (7); added present subdivision (8), and redesignated former
subdivisions (8) through (10) as present subdivisions (9) through (11); and
substituted "Prepare, maintain, or coordinate or implement emergency"
for "Promulgate, prepare, maintain or coordinate emergency" at the
beginning of present subdivision (9); in subsection (c), rewrote subdivision
(2); inserted "and volunteer relief" in subdivision (6); inserted
"and volunteer relief," in subdivision (7); inserted
"Coordinating" and "response to and"; in subsection (d),
substituted "a state of emergency declaration by the Governor or following
a major disaster declaration by the President" for "periods of
declared emergency"; and in subsection (e), added "including contracts
with the United States, other states, agencies and government subdivisions of
the Commonwealth, and other appropriate public and private entities" at the
end. The
2001 amendments. - The 2001 amendment by c. 841, inserted present subdivisions
(b) (8) and (b) (9) and redesignated former subdivisions (b) (8) through (b)
(11) as present subdivisions (b) (10) through (b) (13).
~
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§
44-146.18:1. Virginia Disaster Response Funds disbursements; reimbursements. There
is hereby created a nonlapsing revolving fund which shall be maintained as a
separate special fund account within the state treasury, and administered by the
Coordinator of Emergency Management, consistent with the purposes of this
chapter. All expenses, costs, and judgments recovered pursuant to this section,
and all moneys received as reimbursement in accordance with applicable
provisions of federal law, shall be paid into the fund. Additionally, an annual
appropriation to the fund from the general fund or other unrestricted nongeneral
fund, in an amount determined by the Governor, may be authorized to carry out
the purposes of this chapter. All recoveries from occurrences prior to March 10,
1983, and otherwise qualifying under this section, received subsequent to March
10, 1983, shall be paid into the fund. No moneys shall be credited to the
balance in the fund until they have been received by the fund. An accounting of
moneys received and disbursed shall be kept and furnished to the Governor or the
General Assembly upon request. Disbursements
from the fund may be made for the following purposes and no others:
1.
For costs and expenses, including, but not limited to personnel, administrative,
and equipment costs and expenses directly incurred by the Department of
Emergency Management or by any other state agency or political subdivision or
other entity, acting at the direction of the Coordinator of Emergency
Management, in and for preventing or alleviating damage, loss, hardship, or
suffering caused by emergencies, resource shortages, or natural or man-made
disasters; and 2.
For procurement, maintenance, and replenishment of materials, equipment, and
supplies, in such quantities and at such location as the Coordinator of
Emergency Management may deem necessary to protect the public peace, health, and
safety and to preserve the lives and property and economic well-being of the
people of the Commonwealth; and 3.
For costs and expenses incurred by the Department of Emergency Management or by
any other state agency or political subdivision or other entity, acting at the
direction of the Coordinator of Emergency Management, in the recovery from the
effects of a disaster or in the restoration of public property or facilities.
The
Coordinator of Emergency Management shall promptly seek reimbursement from any
person causing or contributing to an emergency or disaster for all sums
disbursed from the fund for the protection, relief and recovery from loss or
damage caused by such person. In the event a request for reimbursement is not
paid within sixty days of receipt of a written demand, the claim shall be
referred to the Attorney General for collection. The Coordinator of Emergency
Management shall be allowed to recover all legal and court costs and other
expenses incident to such actions for collection. The Coordinator is authorized
to recover any sums incurred by any other state agency or political subdivision
acting at the direction of the Coordinator as provided in this paragraph.
(1983,
c. 48; 2000, c. 309.) The
2000 amendments. - The 2000 amendment by c. 309 substituted "Emergency
Management" for "Emergency Services" throughout the section; and
inserted "or other entity" in subdivisions 1 and 3. Law
review. - For article, "Environmental Liens and Title Insurance," see
23 U. Rich. L. Rev. 305 (1989). ~
top ~
§
44-146.18:2. Authority of Coordinator of Emergency Management in undeclared
emergency. In
an emergency which does not warrant a gubernatorial declaration of a state of
emergency, the Coordinator of Emergency Management, after consultation with and
approval of the Secretary of Public Safety, may enter into contracts and incur
obligations necessary to prevent or alleviate damage, loss, hardship, or
suffering caused by such emergency and to protect the health and safety of
persons and property. In exercising the powers vested by this section, the
Coordinator may proceed without regard to normal procedures pertaining to
entering into contracts, incurring of obligations, rental of equipment, purchase
of supplies and materials, and expenditure of public funds; however, mandatory
constitutional requirements shall not be disregarded.
(1985,
c. 443; 1990, cc. 1, 317; 2000, c. 309.) Cross
references. - As to the disposition of surplus materials by the Department of
General Services, see § 2.2-1124. The
2000 amendments. - The 2000 amendment by c. 309 substituted "Emergency
Management" for "Emergency Services" in the first sentence.
~
top ~
§
44-146.19. Powers and duties of political subdivisions. A.
Each political subdivision within the Commonwealth shall be within the
jurisdiction of and served by the Department of Emergency Management and be
responsible for local disaster mitigation, preparedness, response and recovery.
Each political subdivision may maintain in accordance with state disaster
preparedness plans and programs an agency of emergency management which, except
as otherwise provided under this chapter, has jurisdiction over and services the
entire political subdivision. B.
Each political subdivision shall have a director of emergency management
who, after the term of the person presently serving in this capacity has expired
and in the absence of an executive order by the Governor, shall be the
following: 1.
In the case of a city, the mayor or city manager, who shall have the authority
to appoint a coordinator of emergency management with consent of council;
2.
In the case of a county, a member of the board of supervisors selected by the
board or the chief administrative officer for the county, who shall have the
authority to appoint a coordinator of emergency management with the consent of
the governing body; 3.
A coordinator of emergency management may be appointed by the council of any
town to ensure integration of its organization into the county emergency
management organization; 4.
In the case of the Town of Chincoteague and of towns with a population in excess
of 5,000 having an emergency management organization separate from that of the
county, the mayor or town manager shall have the authority to appoint a
coordinator of emergency services with consent of council;
5.
In Smyth County and in York County, the chief administrative officer for the
county may appoint a director of emergency management, with the consent of the
governing body, who shall have the authority to appoint a coordinator of
emergency management with the consent of the governing body.
C.
Whenever the Governor has declared a state of emergency, each political
subdivision within the disaster area may, under the supervision and control of
the Governor or his designated representative, control, restrict, allocate or
regulate the use, sale, production and distribution of food, fuel, clothing and
other commodities, materials, goods, services and resource systems which fall
only within the boundaries of that jurisdiction and which do not impact systems
affecting adjoining or other political subdivisions, enter into contracts and
incur obligations necessary to combat such threatened or actual disaster,
protect the health and safety of persons and property and provide emergency
assistance to the victims of such disaster. In exercising the powers vested
under this section, under the supervision and control of the Governor, the
political subdivision may proceed without regard to time-consuming procedures
and formalities prescribed by law (except mandatory constitutional requirements)
pertaining to the performance of public work, entering into contracts, incurring
of obligations, employment of temporary workers, rental of equipment, purchase
of supplies and materials, levying of taxes, and appropriation and expenditure
of public funds. D.
The director of each local organization for emergency management may, in
collaboration with other public and private agencies within this Commonwealth or
within an adjacent state, develop or cause to be developed mutual aid
arrangements for reciprocal assistance in case of a disaster too great to be
dealt with unassisted. Such arrangements shall be consistent with state plans
and programs and it shall be the duty of each local organization for emergency
management to render assistance in accordance with the provisions of such mutual
aid arrangements. E.
Each local and interjurisdictional agency shall prepare and keep current
a local or interjurisdictional emergency operations plan for its area. The plan
shall include, but not be limited to, responsibilities of all local agencies and
shall establish a chain of command. Each political subdivision having a nuclear
power station or other nuclear facility within ten miles of its boundaries
shall, if so directed by the Department of Emergency Management, prepare and
keep current an appropriate emergency plan for its area for response to nuclear
accidents at such station or facility. (1973,
c. 260; 1974, c. 4; 1975, c. 11; 1978, c. 495; 1982, c. 5; 1990, cc. 404, 945;
1993, cc. 621, 671, 781; 2000, c. 309.) The
2000 amendments. - The 2000 amendment by c. 309 substituted "Emergency
Management" for "Emergency Services" throughout the section; in
subsection A, substituted "mitigation, preparedness, response and
recovery" for "preparedness and coordination of response" at the
end of the first sentence, and substituted "state disaster" for
"state emergency" near the beginning of the second sentence; and in
subsection B, substituted "emergency management" for "emergency
services activities" in subdivisions 1 and 2. ~
top ~
§
44-146.20. Joint action by political subdivisions. If
two or more political subdivisions find that disaster operation plans and
programs would be better served by interjurisdictional arrangements in planning
for, preventing, or responding to disaster in that area, then direct steps may
be taken as necessary, including creation of an interjurisdictional
relationship, a joint emergency operations plan, mutual aid, or such other
activities as necessary for planning and services. Any political subdivision may
provide or receive assistance in the event of a disaster or emergency, pursuant
to this chapter, under the provisions of any local mutual aid agreement or by
the Statewide Mutual Aid program if agreed to by resolution of the governing
body. The action of the governing body may include terms and conditions deemed
necessary by the governing body for participation in the program. The governing
body may withdraw from participation in the Statewide Mutual Aid program by
adoption of a resolution or ordinance upon a finding that participation is no
longer in the public interest. The locality shall immediately notify the State
Coordinator of Emergency Services of the adoption of a participation or
withdrawal resolution. (1973,
c. 260; 2000, cc. 309, 437.) The
2000 amendments. - The 2000 amendment by c. 309 deleted "services"
following "emergency" and deleted the former second sentence, which
read: "A determination of such findings shall be based on the factors
related to the difficulty of providing emergency services on an
interjurisdictional basis." The
2000 amendment by c. 437 deleted "adjoining" preceding "political
subdivisions," deleted "services" following "joint
emergency," deleted the former last sentence which read: "A
determination of such findings shall be based on the factors related to the
difficulty of providing emergency services on an interjurisdictional basis"
and added the last four sentences. ~
top ~
§
44-146.21. Declaration of local emergency. (a)
A local emergency may be declared by the local director of emergency
management with the consent of the governing body of the political subdivision.
In the event the governing body cannot convene due to the disaster or other
exigent circumstances, the director, or in his absence, the deputy director, or
in the absence of both the director and deputy director, any member of the
governing body may declare the existence of a local emergency, subject to
confirmation by the governing body at its next regularly scheduled meeting or at
a special meeting within fourteen days of the declaration, whichever occurs
first. The governing body, when in its judgment all emergency actions have been
taken, shall take appropriate action to end the declared emergency.
(b)
A declaration of a local emergency as defined in § 44-146.16 (6) shall
activate the local Emergency Operations Plan and authorize the furnishing of aid
and assistance thereunder. (c)
[Repealed.] (c1)
Whenever a local emergency has been declared, the director of emergency
management of each political subdivision or any member of the governing body in
the absence of the director, if so authorized by the governing body, may
control, restrict, allocate or regulate the use, sale, production and
distribution of food, fuel, clothing and other commodities, materials, goods,
services and resource systems which fall only within the boundaries of that
jurisdiction and which do not impact systems affecting adjoining or other
political subdivisions, enter into contracts and incur obligations necessary to
combat such threatened or actual disaster, protect the health and safety of
persons and property and provide emergency assistance to the victims of such
disaster, and proceed without regard to time-consuming procedures and
formalities prescribed by law (except mandatory constitutional requirements)
pertaining to the performance of public work, entering into contracts, incurring
of obligations, employment of temporary workers, rental of equipment, purchase
of supplies and materials, and other expenditures of public funds, provided such
funds in excess of appropriations in the current approved budget, unobligated,
are available. Whenever the Governor has declared a state of emergency, each
political subdivision affected may, under the supervision and control of the
Governor or his designated representative, enter into contracts and incur
obligations necessary to combat such threatened or actual disaster beyond the
capabilities of local government, protect the health and safety of persons and
property and provide emergency assistance to the victims of such disaster. In
exercising the powers vested under this section, under the supervision and
control of the Governor, the political subdivision may proceed without regard to
time-consuming procedures and formalities prescribed by law pertaining to public
work, entering into contracts, incurring of obligations, employment of temporary
workers, rental of equipment, purchase of supplies and materials, levying of
taxes, and appropriation and expenditure of public funds.
(d)
No interjurisdictional agency or official thereof may declare a local
emergency. However, an interjurisdictional agency of emergency management shall
provide aid and services to the affected political subdivision authorizing such
assistance in accordance with the agreement as a result of a local or state
declaration. (e)
None of the provisions of this chapter shall apply to the Emergency
Disaster Relief provided by the American Red Cross or other relief agency solely
concerned with the provision of service at no cost to the citizens of the
Commonwealth. (1973,
c. 260; 1974, c. 4; 1975, c. 11; 1976, c. 594; 1986, c. 24; 1990, c. 945; 1994,
c. 75; 2000, c. 309.) The
2000 amendments. - The 2000 amendment by c. 309 substituted "emergency
management" for "emergency services" throughout the section; in
subsection (a), in the second sentence, inserted "in his absence, the
deputy director, or in the absence of both the director and deputy
director" and deleted "in the absence of the director" preceding
"may declare the existence"; in subsection (b), substituted "the
local Emergency Operations Plan" for "the response and recovery
programs of all applicable local and interjurisdictional emergency operations
plans"; and in subsection (c1), combined the former first and second
sentences by substituting "disaster and proceed" for "disaster.
In exercising the powers vested under this section, under the supervision and
control of the governing body, such director may" and in the present second
sentence, substituted "subdivision affected may" for "subdivision
within the disaster area may." ~
top ~
§
44-146.22. Development of measures to prevent or reduce harmful consequences
of disasters. In
addition to disaster prevention measures included in state, local and
interjurisdictional emergency operations plans, the Governor shall consider, on
a continuing basis, hazard mitigation or other measures that could be taken to
prevent or reduce the harmful consequences of disasters. At his direction, and
pursuant to any other authority, 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. The Governor,
from time to time, shall make recommendations to the General Assembly, local
governments, and other appropriate public and private entities as may facilitate
measures for prevention or reduction of the harmful consequences of disasters.
(1973,
c. 260; 1974, c. 4; 1975, c. 11; 2000, c. 309.) The
2000 amendments. - The 2000 amendment by c. 309 substituted "basis, hazard
mitigation or other measures that" for "basis, steps that" in the
first sentence. ~
top ~
§
44-146.23. Immunity from liability. (a)
Neither the Commonwealth, nor any political subdivision thereof, nor
federal agencies, nor other public or private agencies, nor, except in cases of
willful misconduct, public or private employees, nor representatives of any of
them, engaged in any emergency services activities, while complying with or
attempting to comply with this chapter or any rule, regulation, or executive
order promulgated pursuant to the provisions of this chapter, shall be liable
for the death of, or any injury to, persons or damage to property as a result of
such activities. The provisions of this section shall not affect the right of
any person to receive benefits to which he would otherwise be entitled under
this chapter, or under the Workers' Compensation Act (§ 65.2-100 et seq.), or
under any pension law, nor the right of any such person to receive any benefits
or compensation under any act of Congress.
(b)
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 or parts of such real
estate or premises for the purpose of sheltering persons, of emergency access or
of other uses relating to emergency services shall, together with his successors
in interest, if any, not be liable for negligently causing the death of, or
injury to any person on or about such real estate or premises or for loss of or
damage to the property of any person on or about such real estate or premises
during such actual or impending disaster. (c)
If any person holds a license, certificate, or other permit issued by any
state, or political subdivision thereof, evidencing the meeting of
qualifications for professional, mechanical, or other skills, the person may
gratuitously render aid involving that skill in this Commonwealth during a
disaster, and such person shall not be liable for negligently causing the death
of, or injury to, any person or for the loss of, or damage to, the property of
any person resulting from such gratuitous service.
(d)
No person, firm or corporation which gratuitously services or repairs any
electronic devices or equipment under the provisions of this section after
having been approved for the purposes by the State Coordinator shall be liable
for negligently causing the death of, or injury to, any person or for the loss
of, or damage to, the property of any person resulting from any defect or
imperfection in any such device or equipment so gratuitously serviced or
repaired. (e)
Notwithstanding any law to the contrary, no individual, partnership,
corporation, association, or other legal entity shall be liable in civil damages
as a result of acts taken voluntarily and without compensation in the course of
rendering care, assistance, or advice with respect to an incident creating a
danger to person, property, or the environment as a result of an actual or
threatened discharge of a hazardous substance, or in preventing, cleaning up,
treating, or disposing of or attempting to prevent, clean up, treat, or dispose
of any such discharge, provided that such acts are taken under the direction of
state or local authorities responding to the incident. This section shall not
preclude liability for civil damages as a result of gross negligence,
recklessness or willful misconduct. The provisions of this section shall not
affect the right of any person to receive benefits to which he would otherwise
be entitled under this chapter, or under the Workers' Compensation Act (§
65.2-100 et seq.), or under any pension law, nor the right of any such person to
receive any benefits or compensation under any act of Congress. The immunity
provided by the provisions of this paragraph shall be in addition to, not in
lieu of, any immunities provided by § 8.01-225.
(1973,
c. 260; 1979, c. 193; 1984, c. 743.) Law
review. - For comment, " '911' Emergency Assistance Call Systems: Should
Local Governments Be Liable for Negligent Failure to Respond?," see 8 Geo.
Mason L. Rev. 103 (1985). ~
top ~
§
44-146.24. Cooperation of public agencies. In
carrying out the provisions of the chapter, the Governor, the heads of state
agencies, the local directors and governing bodies of the political subdivisions
of the Commonwealth are directed to utilize the services, equipment, supplies
and facilities of existing departments, offices, and agencies of the
Commonwealth and the political subdivisions thereof to the maximum extent
practicable consistent with state and local emergency operation plans. 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 the State Department of Emergency Management upon request.
(1973,
c. 260; 1974, c. 4; 1975, c. 11; 2000, c. 309.) The
2000 amendments. - The 2000 amendment by c. 309 added "consistent with
state and local emergency operation plans" at the end of the first sentence
and substituted "Emergency Management" for "Emergency
Services" near the end of the second sentence. ~
top ~
§
44-146.25. Certain persons not to be employed or associated in emergency
services organizations; loyalty oath required.
No person shall be employed or associated in any emergency services
organization established under this chapter who advocates or has advocated a
change by force or violence in the constitutional form of government of the
United States or in this Commonwealth 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.
Each person who is appointed to serve in an organization for emergency services
shall, before entering upon his duties, take an oath, in writing, before a
person authorized to administer oaths in this Commonwealth, 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 the Commonwealth of 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 purpose of evasion; and that I will well and faithfully discharge
the duties upon which I am about to enter.
"And 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 of this State by force or violence and
that during such time as I am a member of the (name of emergency services
organization), I will not advocate, nor become a member of any political party
or organization that advocates the overthrow of the Government of the United
States or of this State by force or violence." (1973,
c. 260.) ~
top ~
§
44-146.26. Duties of emergency management organizations. It
shall be the duty of every organization for emergency management established
pursuant to this chapter and of the officers thereof to execute and enforce such
orders, rules and regulations as may be made by the Governor under authority of
this chapter. Each organization shall have available for inspection at its
office all such orders, rules and regulations. (1973,
c. 260; 2000, c. 309.) The
2000 amendments. - The 2000 amendment by c. 309 substituted
"management" for "services" in the section catchline, and
substituted "emergency management" for "emergency services"
near the beginning of the first sentence. ~
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§
44-146.27. Supplementing federal funds; assistance of federal agencies;
acceptance of gifts and services; appropriations by local governing bodies. A.
If the federal government allots funds for the payment of a portion of
any disaster programs, projects, equipment, supplies or materials or other
related costs, the remaining portion may be paid with a combination of state and
local funds available for this purpose and consistent with state emergency
management plans and program priorities. B.
Whenever the federal government or any agency or officer thereof offers
to the Commonwealth, or through the Commonwealth to any political subdivision
thereof, services, equipment, supplies, materials, or funds by way of gift,
grant or loan for purposes of emergency services, the Commonwealth, acting
through the Governor, or such political subdivision, acting with the consent of
the Governor and through its local director or governing body, may accept such
offer and agree to the terms of the offer and the rules and regulations, if any,
of the agency making the offer, including, but not limited to, requirements to
hold and save the United States free from damages and to indemnify the federal
government against any claims arising from the services, equipment, supplies,
materials, or funds provided. Upon such acceptance, the Governor or local
director or governing body of such political subdivision may authorize any
officer of the Commonwealth or of the political subdivision, as the case may be,
to receive such services, equipment, supplies, materials, or funds on behalf of
the Commonwealth or such political subdivision, in accordance with the terms of
the agreement, and subject to the rules and regulations, if any, of the agency
making the offer. C.
Whenever any person, firm or corporation offers to the Commonwealth or to
any political subdivision thereof services, equipment, supplies, materials, or
funds by way of gift, grant or loan, for purposes of emergency management, the
Commonwealth, acting through the Governor, or such political subdivision, acting
through its local director or governing body, may accept such offer and upon
such acceptance the Governor or local director or governing body of such
political subdivision may authorize any officer of the Commonwealth or of the
political subdivision, as the case may be, to receive such services, equipment,
supplies, materials, or funds on behalf of the Commonwealth or such political
subdivision, and subject to the terms of the offer.
D.
The governing bodies of the counties, cities and towns are hereby
authorized to appropriate funds for expenditure by any local or regional
organization for emergency management established pursuant to this chapter and
for local or regional disaster service activities.
(1973,
c. 260; 1999, cc. 6, 7; 2000, c. 309.) The
1999 amendments. - The 1999 amendments by cc. 119 and 124, effective February
12, 1999, are identical, and redesignated subsections (a) through (d) as
subsections A through D; substituted "allots" for "shall
allot" in subsection A; in subsection B, substituted "offers" for
"shall offer," inserted the language beginning "agree to the
terms" at the end of the first sentence, and substituted "in
accordance with the terms of the agreement, and subject to" for "and
subject to the terms of the offer and"; and substituted "offers"
for "shall offer" in subsection C.
The
2000 amendments. - The 2000 amendment by c. 309 substituted "emergency
management" for "emergency service" in subsections A and D; and
substituted "emergency management" for "emergency services"
in subsection C. ~
top ~
§
44-146.28. Authority of Governor and agencies under his control in declared
state of emergency. (a)
In the case of a declaration of a state of emergency as defined in §
44-146.16, the Governor is authorized to expend from all funds of the state
treasury not constitutionally restricted, a sum sufficient. Allotments from such
sum sufficient may be made by the Governor to any state agency or political
subdivision of the Commonwealth to carry out disaster service missions and
responsibilities. Allotments may also be made by the Governor from the sum
sufficient to provide financial assistance to eligible applicants located in an
area declared to be in a state of emergency, but not declared to be a major
disaster area for which federal assistance might be forthcoming. This shall be
considered as a program of last resort for those local jurisdictions that cannot
meet the full cost. The
Virginia Department of Emergency Management shall establish guidelines and
procedures for determining whether and to what extent financial assistance to
local governments may be provided. The
guidelines and procedures shall include, but not be limited to, the following:
(1)
Participants may be eligible to receive financial assistance to cover a
percentage of eligible costs if they demonstrate that they are incapable of
covering the full cost. The percentage may vary, based on the Commission on
Local Government's fiscal stress index. The cumulative effect of recent
disasters during the preceding twelve months may also be considered for
eligibility purposes. (2)
Only eligible participants that have sustained an emergency or disaster as
defined in § 44-146.16 with total eligible costs of four dollars or more per
capita may receive assistance except that (i) any town with a total population
of less than 3,500 shall be eligible for disaster assistance for incurred
eligible damages of $15,000 or greater and (ii) any town with a population of
3,500 or more, but less than 5,000 shall be eligible for disaster assistance for
incurred eligible damages of $20,000 or greater and (iii) any town with a
population of 5,000 or greater with total eligible costs of four dollars or more
per capita may receive assistance. No site or facility may be included with less
than $1,000 in eligible costs. However, the total cost of debris clearance may
be considered as costs associated with a single site.
(3)
Eligible participants shall be fully covered by all-risk property and flood
insurance policies, including provisions for insuring the contents of the
property and business interruptions, or shall be self-insured, in order to be
eligible for this assistance. Insurance deductibles shall not be covered by this
program. (4)
Eligible costs incurred by towns, public service authorities, volunteer fire
departments and volunteer rescue squads may be included in a county's or city's
total costs. (5)
Unless otherwise stated in guidelines and procedures, eligible costs are defined
as those listed in the Public Assistance component of Public Law 93-288, as
amended, excluding beach replenishment and snow removal.
(6)
State agencies, as directed by the Virginia Department of Emergency Management,
shall conduct an on-site survey to validate damages and to document restoration
costs. (7)
Eligible participants shall maintain complete documentation of all costs in a
manner approved by the Auditor of Public Accounts and shall provide copies of
the documentation to the Virginia Department of Emergency Management upon
request. If
a jurisdiction meets the criteria set forth in the guidelines and procedures,
but is in an area that has neither been declared to be in a state of emergency
nor been declared to be a major disaster area for which federal assistance might
be forthcoming, the Governor is authorized, in his discretion, to make an
allotment from the sum sufficient to that jurisdiction without a declaration of
a state of emergency, in the same manner as if a state of emergency declaration
had been made. The
Governor shall report to the Chairmen of the Senate Finance Committee, the House
Appropriations Committee, and the House Finance Committee within thirty days of
authorizing the sum sufficient pursuant to this section. The Virginia Department
of Emergency Management shall report annually to the General Assembly on the
local jurisdictions that received financial assistance and the amount each
jurisdiction received. (b)
Public agencies under the supervision and control of the Governor may
implement their emergency assignments without regard to normal procedures
(except mandatory constitutional requirements) pertaining to the performance of
public work, entering into contracts, incurring of obligations, employment of
temporary workers, rental of equipment, purchase of supplies and materials and
expenditures of public funds. (1973,
c. 260; 1974, c. 4; 1975, c. 11; 1997, c. 893; 2000, cc. 309, 1023.) Cross
references. - As to the disposition of surplus materials by the Department of
General Services, see § 2.2-1124. The
2000 amendments. - The 2000 amendment by c. 309, in subsection (a), substituted
"Emergency Management" for "Emergency Services" in the
second paragraph, in subdivisions (6) and (7), and in the concluding paragraph.
The
2000 amendment by c. 1023 inserted the language beginning "except that (i)"
and ending "per capita may receive assistance" in subdivision (a) (2).
~
top ~
§
44-146.28:1. Compact enacted into law; terms. The
Emergency Management Assistance Compact is hereby enacted into law and entered
into by the Commonwealth of Virginia with all other states legally joining
therein, in the form substantially as follows:
~
top ~
EMERGENCY
MANAGEMENT ASSISTANCE COMPACT ARTICLE
I. PURPOSE
AND AUTHORITIES. This
compact is made and entered into by and between the participating member states
which enact this compact, hereinafter called party states. For the purposes of
this compact, the term "states" is taken to mean the several states,
the Commonwealth of Puerto Rico, the District of Columbia, and all U.S.
territorial possessions. The
purpose of this compact is to provide for mutual assistance between the states
entering into this compact in managing any emergency or disaster that is duly
declared by the Governor of the affected state, whether arising from natural
disaster, technological hazard, man-made disaster, civil emergency aspects of
resources shortages, community disorders, insurgency, or enemy attack.
This
compact shall also provide for mutual cooperation in emergency-related
exercises, testing, or other training activities using equipment and personnel
simulating performance of any aspect of the giving and receiving of aid by party
states or subdivisions of party states during emergencies, such actions
occurring outside actual declared emergency periods. Mutual assistance in this
compact may include the use of the states' National Guard forces, either in
accordance with the National Guard Mutual Assistance Compact or by mutual
agreement between states. ARTICLE
II. GENERAL
IMPLEMENTATION. Each
party state entering into this compact recognizes that many emergencies
transcend political jurisdictional boundaries and that intergovernmental
coordination is essential in managing these and other emergencies under this
compact. Each state further recognizes that there will be emergencies which
require immediate access and present procedures to apply outside resources to
make a prompt and effective response to such an emergency. This is because few,
if any, individual states have all the resources they may need in all types of
emergencies or the capability of delivering resources to areas where emergencies
exist. The
prompt, full, and effective utilization of resources of the participating
states, including any resources on hand or available from the federal government
or any other source, that are essential to the safety, care, and welfare of the
people in the event of any emergency or disaster declared by a party state,
shall be the underlying principle on which all articles of this compact shall be
understood. On
behalf of the Governor of each state participating in the compact, the legally
designated state official who is assigned responsibility for emergency
management will be responsible for formulation of the appropriate interstate
mutual aid plans and procedures necessary to implement this compact.
ARTICLE
III. PARTY
STATE RESPONSIBILITIES. A.
It shall be the responsibility of each party state to formulate procedural plans
and programs for interstate cooperation in the performance of the
responsibilities listed in this article. In formulating such plans, and in
carrying them out, the party states, insofar as practical, shall:
1.
Review individual state hazards analyses and, to the extent reasonably possible,
determine all those potential emergencies the party states might jointly suffer,
whether due to natural disaster, technological hazard, man-made disaster,
emergency aspects of resources shortages, civil disorders, insurgency, or enemy
attack; 2.
Review party states' individual emergency plans and develop a plan which will
determine the mechanism for the interstate management and provision of
assistance concerning any potential emergency;
3.
Develop interstate procedures to fill any identified gaps and to resolve any
identified inconsistencies or overlaps in existing or developed plans;
4.
Assist in warning communities adjacent to or crossing the state boundaries;
5.
Protect and assure uninterrupted delivery of services, medicines, water, food,
energy and fuel, search and rescue, and critical lifeline equipment, services,
and resources, both human and material; 6.
Inventory and set procedures for the interstate loan and delivery of human and
material resources, together with procedures for reimbursement or forgiveness;
and 7.
Provide, to the extent authorized by law, for temporary suspension of any
statutes or ordinances that restrict the implementation of the above
responsibilities. B.
The authorized representative of a party state may request assistance of another
party state by contacting the authorized representative of that state. The
provisions of this compact shall only apply to requests for assistance made by
and to authorized representatives. Requests may be verbal or in writing. If
verbal, the request shall be confirmed in writing within thirty days of the
verbal request. Requests shall provide the following information:
1.
A description of the emergency service function for which assistance is needed,
including, but not limited to, fire services, law enforcement, emergency
medical, transportation, communications, public works and engineering, building
inspection, planning and information assistance, mass care, resource support,
health and medical services, and search and rescue; 2.
The amount and type of personnel, equipment, materials and supplies needed, and
a reasonable estimate of the length of time they will be needed; and
3.
The specific place and time for staging of the assisting party's response and a
point of contact at that location. C.
There shall be frequent consultation between state officials who have assigned
emergency management responsibilities and other appropriate representatives of
the party states with affected jurisdictions and the United States Government,
with free exchange of information, plans, and resource records relating to
emergency capabilities. ARTICLE
IV. LIMITATIONS.
Any
party state requested to render mutual aid or conduct exercises and training for
mutual aid shall take such action as is necessary to provide and make available
the resources covered by this compact in accordance with the terms hereof;
provided that it is understood that the state rendering aid may withhold
resources to the extent necessary to provide reasonable protection for such
state. Each
party state shall afford to the emergency forces of any party state, while
operating within its state limits under the terms and conditions of this
compact, the same powers, except that of arrest unless specifically authorized
by the receiving state, duties, rights, and privileges as are afforded forces of
the state in which they are performing emergency services. Emergency forces will
continue under the command and control of their regular leaders, but the
organizational units will come under the operational control of the emergency
services authorities of the state receiving assistance. These conditions may be
activated, as needed, only subsequent to a declaration of a state emergency or
disaster by the governor of the party state that is to receive assistance or
upon commencement of exercises or training for mutual aid and shall continue so
long as the exercises or training for mutual aid are in progress, the state of
emergency or disaster remains in effect, or loaned resources remain in the
receiving state, whichever is longer. ARTICLE
V. LICENSES
AND PERMITS. Whenever
any person holds a license, certificate, or other permit issued by any state
party to the compact evidencing the meeting of qualifications for professional,
mechanical, or other skills, and when such assistance is requested by the
receiving party state, such person shall be deemed licensed, certified, or
permitted by the state requesting assistance to render aid involving such skill
to meet a declared emergency or disaster, subject to such limitations and
conditions as the Governor of the requesting state may prescribe by executive
order or otherwise. ARTICLE
VI. LIABILITY.
Officers
or employees of a party state rendering aid in another state pursuant to this
compact shall be considered agents of the requesting state for tort liability
and immunity purposes. No party state or its officers or employees rendering aid
in another state pursuant to this compact shall be liable on account of any act
or omission in good faith on the part of such forces while so engaged or on
account of the maintenance or use of any equipment or supplies in connection
therewith. Good faith in this article shall not include willful misconduct,
gross negligence, or recklessness. ARTICLE
VII. SUPPLEMENTARY
AGREEMENTS. Inasmuch
as it is probable that the pattern and detail of the machinery for mutual aid
among two or more states may differ from that among the states that are party
hereto, this compact contains elements of a broad base common to all states, and
nothing herein shall preclude any state entering into supplementary agreements
with another state or affect any other agreements already in force between
states. Supplementary agreements may comprehend, but shall not be limited to,
provisions for evacuation and reception of injured and other persons and the
exchange of medical, fire, police, public utility, reconnaissance, welfare,
transportation and communications personnel, and equipment and supplies.
ARTICLE
VIII. COMPENSATION.
Each
party state shall provide for the payment of compensation and death benefits to
injured members of the emergency forces of that state and representatives of
deceased members of such forces in case such members sustain injuries or are
killed while rendering aid pursuant to this compact, in the same manner and on
the same terms as if the injury or death were sustained within their own state.
ARTICLE
IX. REIMBURSEMENT.
Any
party state rendering aid in another state pursuant to this compact shall be
reimbursed by the party state receiving such aid for any loss or damage to or
expense incurred in the operation of any equipment and the provision of any
service in answering a request for aid and for the costs incurred in connection
with such requests; provided, that any aiding party state may assume in whole or
in part such loss, damage, expense, or other cost, or may loan such equipment or
donate such services to the receiving party state without charge or cost; and
provided further, that any two or more party states may enter into supplementary
agreements establishing a different allocation of costs among those states.
Article VIII expenses shall not be reimbursable under this article.
ARTICLE
X. EVACUATION.
Plans
for the orderly evacuation and interstate reception of portions of the civilian
population as the result of any emergency or disaster of sufficient proportions
to so warrant, shall be worked out and maintained between the party states and
the emergency management/services directors of the various jurisdictions where
any type of incident requiring evacuations might occur. Such plans shall be put
into effect by request of the state from which evacuees come and shall include
the manner of transporting such evacuees, the number of evacuees to be received
in different areas, the manner in which food, clothing, housing, and medical
care will be provided, the registration of the evacuees, the providing of
facilities for the notification of relatives or friends, and the forwarding of
such evacuees to other areas or the bringing in of additional materials,
supplies, and all other relevant factors. Such plans shall provide that the
party state receiving evacuees and the party state from which the evacuees come
shall mutually agree as to reimbursement of out-of-pocket expenses incurred in
receiving and caring for such evacuees, for expenditures for transportation,
food, clothing, medicines and medical care, and like items. Such expenditures
shall be reimbursed as agreed by the party state from which the evacuees come.
After the termination of the emergency or disaster, the party state from which
the evacuees come shall assume the responsibility for the ultimate support of
repatriation of such evacuees. ARTICLE
XI. IMPLEMENTATION.
A.
This compact shall become effective immediately upon its enactment into law by
any two states. Thereafter, this compact shall become effective as to any other
state upon enactment by such state. B.
Any party state may withdraw from this compact by enacting a statute repealing
the same, but no such withdrawal shall take effect until thirty days after the
Governor of the withdrawing state has given notice in writing of such withdrawal
to the Governors of all other party states. Such action shall not relieve the
withdrawing state from obligations assumed hereunder prior to the effective date
of withdrawal. C.
Duly authenticated copies of this compact and of such supplementary agreements
as may be entered into shall, at the time of their approval, be deposited with
each of the party states and with the Federal Emergency Management Agency and
other appropriate agencies of the United States Government.
ARTICLE
XII. VALIDITY.
This
compact shall be construed to effectuate the purposes stated in Article I. If
any provision of this compact is declared unconstitutional, or the applicability
thereof to any person or circumstances is held invalid, the constitutionality of
the remainder of this compact and the applicability thereof to other persons and
circumstances shall not be affected. ARTICLE
XIII. ADDITIONAL
PROVISIONS. Nothing
in this compact shall authorize or permit the use of military force by the
National Guard of a state at any place outside that state in any emergency for
which the President is authorized by law to call into federal service the
militia, or for any purpose for which the use of the Army or the Air Force would
in the absence of express statutory authorization be prohibited under § 1385 of
Title 18 of the United States Code. (1995,
c. 280.) Compact
cross references. - As to provisions of other member states, see:
Arizona: A.R.S. § 26-402. Arkansas:
A.C.A. § 12-49-402. Colorado:
C.R.S. 24-60-2902. Connecticut:
Conn. Gen. Stat. § 28-23a. Delaware:
20 Del. C. § 3401. Florida:
Fla. Stat. §§ 252.921 - 252.933. Indiana:
Burns Ind. Code Ann. §§ 10-4-2.5-1 - 10-4-2.5-16. Iowa:
Iowa Code § 29C.21. Kansas:
K.S.A. § 48-9a01. Kentucky:
KRS § 39A.950. Louisiana:
La. R.S. 29:751. Maine:
37-B M.R.S. §§ 921 - 933. Maryland:
Md. Ann. Code art. 41, § 19-102. Massachusetts:
Mass. Ann. Laws Spec. Laws ch. S140, § 1.
Minnesota:
Minn. Stat. § 192.89. Mississippi:
Miss. Code Ann. § 45-18-3. Missouri:
§ 44.415 R.S.Mo. Montana:
Mont. Code Anno., § 10-3-1001. New
Hampshire: RSA 108:3. New
Mexico: N.M. Stat. Ann. § 11-15-2. North
Carolina: N.C. Gen. Stat. §§ 166A-40 - 166A-53. North
Dakota: N.D. Cent. Code, § 37-17.1-14.5. Oklahoma:
63 Okl. St. §§ 684.1 - 684.13. Pennsylvania:
35 Pa.C.S. § 7601. Puerto
Rico: 1 L.P.R.A. §§ 621 - 633. Rhode
Island: R.I. Gen. Laws §§ 30-15.9-1 - 30-15.9-14. South
Carolina: S.C. Code Ann. § 25-9-420. South
Dakota: S.D. Codified Laws § 33-15-48. Tennessee:
Tenn. Code Ann. § 58-2-403. Texas:
Tex. Health & Safety Code § 778.001. Utah:
Utah Code Ann. § 53-2-202. Vermont:
20 V.S.A. §§ 101 - 112. West Virginia: W. Va. Code § 15-5-22. ~
top ~
Expired.
Editor's
note. - This section expired by its own terms 30 days after the commencement of
the 1975 Session of the General Assembly. See Acts 1974, c. 4.
~
top ~
Expired.
Editor's note. - Acts 1984, c. 332, which enacted §§ 44-146.29:1 and 44-146.29:2, provided in cl. 3 that its provisions would expire upon the effective date of any act of the 1984 General Assembly creating a Department of Mines, Minerals and Energy. Acts 1984, c. 590, created such a department, effective January 1, 1985. See now § 45.1-161.1 et seq. ~
top ~
§
65.2-402.1. Presumption as to death or disability from infectious disease. A. Hepatitis, meningococcal meningitis, tuberculosis or
HIV causing the death of, or any health condition or impairment resulting in
total or partial disability of 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)
game warden who is a full-time sworn member of the enforcement division of the
Department of Game and Inland Fisheries, (ix) Capitol Police officer, or (x)
special agent of the Department of Alcoholic Beverage Control appointed under
the provisions of Chapter 1 (§ 4.1-100
et seq.) of Title 4.1 who has a documented occupational exposure to blood or
body fluids shall be presumed to be occupational diseases, suffered in the line
of government duty, that are covered by this title unless such presumption is
overcome by a preponderance of competent evidence to the contrary. For purposes
of this section, an occupational exposure occurring on or after July 1, 2002,
shall be deemed "documented" if the person covered under this section
gave notice, written or otherwise, of the occupational exposure to his employer,
and an occupational exposure occurring prior to July 1, 2002, shall be deemed
"documented" without regard to whether the person gave notice, written
or otherwise, of the occupational exposure to his employer. B. As used in this section: "Blood or body fluids" means blood and body
fluids containing visible blood and other body fluids to which universal
precautions for prevention of occupational transmission of blood-borne
pathogens, as established by the Centers for Disease Control, apply. For
purposes of potential transmission of hepatitis, meningococcal meningitis,
tuberculosis, or HIV the term "blood or body fluids" includes
respiratory, salivary, and sinus fluids, including droplets, sputum, saliva,
mucous, and any other fluid through which infectious airborne or blood-borne
organisms can be transmitted between persons. "Hepatitis" means hepatitis A, hepatitis B,
hepatitis non-A, hepatitis non-B, hepatitis C or any other strain of hepatitis
generally recognized by the medical community. "HIV" means the medically recognized
retrovirus known as human immunodeficiency virus, type I or type II, causing
immunodeficiency syndrome. "Occupational exposure," in the case of
hepatitis, meningococcal meningitis, tuberculosis or HIV, means an exposure that
occurs during the performance of job duties that places a covered employee at
risk of infection. C. Persons covered under this section who test positive
for exposure to the enumerated occupational diseases, but have not yet incurred
the requisite total or partial disability, shall otherwise be entitled to make a
claim for medical benefits pursuant to § 65.2-603,
including entitlement to an annual medical examination to measure the progress
of the condition, if any, and any other medical treatment, prophylactic or
otherwise. D. Whenever any standard, medically-recognized vaccine
or other form of immunization or prophylaxis exists for the prevention of a
communicable disease for which a presumption is established under this section,
if medically indicated by the given circumstances pursuant to immunization
policies established by the Advisory Committee on Immunization Practices of the
United States Public Health Service, a person subject to the provisions of this
section may be required by such person's employer to undergo the immunization or
prophylaxis unless the person's physician determines in writing that the
immunization or prophylaxis would pose a significant risk to the person's
health. Absent such written declaration, failure or refusal by a person subject
to the provisions of this section to undergo such immunization or prophylaxis
shall disqualify the person from any presumption established by this section. E. The presumptions described in subsection A of this
section shall only apply if persons entitled to invoke them have, if requested
by the appointing authority or governing body employing them, undergone
preemployment physical examinations that (i) were conducted prior to the making
of any claims under this title that rely on such presumptions, (ii) were
performed by physicians whose qualifications are as prescribed by the appointing
authority or governing body employing such persons, (iii) included such
appropriate laboratory and other diagnostic studies as the appointing
authorities or governing bodies may have prescribed, and (iv) found such persons
free of hepatitis, meningococcal meningitis, tuberculosis or HIV at the time of
such examinations. The presumptions described in subsection A of this section
shall not be effective until six months following such examinations. F. Persons making claims under this title who rely on
such presumption shall, upon the request of appointing authorities or governing
bodies employing such persons, submit to physical examinations (i) conducted by
physicians selected by such appointing authorities or governing bodies or their
representatives and (ii) consisting of such tests and studies as may reasonably
be required by such physicians. However, a qualified physician, selected and
compensated by the claimant, may, at the election of such claimant, be present
at such examination. (2002,
c. 820.) |
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