Tuesday, October 7, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB2176: Disaster Response Fund; authorizes disbursements therefrom.
Be it enacted by the General Assembly of Virginia:
1. That § 44-146.18:1 of the Code of Virginia is amended and reenacted as follows:
§ 44-146.18:1. Virginia Disaster Response Funds disbursements; reimbursements.
A. 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.
B. 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; and
4. For costs and expenses incurred by the Department of Emergency Management or any other state agency, a political subdivision, or other entity for the purpose of upgrading or hardening designated shelters to withstand damage to and breaching of the facility by wind, floodwaters, or other storm-driven hazards.
C. Any annual disbursement made to a political subdivision for the operation, coordination, or acquisition and maintenance of equipment by emergency preparedness organizations of the political subdivision shall be indexed to the Consumer Price Index.
D. 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.
Additional Data
Explanation
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Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.