Driving in flooded areas; localities may by ordinance prohibit, penalties. (SB163)

Introduced By

Sen. Mamie Locke (D-Hampton)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Local regulation of driving in flooded areas; penalty. Allows localities to by ordinance prohibit driving in a flooded street in a way that damages property and creates a Class 4 misdemeanor for a violation of such ordinance. This prohibition does not apply to law-enforcement officers, firefighters, emergency medical services personnel, or operators of Department of Transportation vehicles in the performance of their official duties. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
12/30/2015Prefiled and ordered printed; offered 01/13/16 16101342D
12/30/2015Referred to Committee on Transportation
01/13/2016Impact statement from DHCD (SB163)
01/20/2016Reported from Transportation with substitute (7-Y 5-N) (see vote tally)
01/20/2016Committee substitute printed 16104484D-S1
01/25/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
01/26/2016Impact statement from DHCD (SB163S1)
01/26/2016Read second time
01/26/2016Reading of substitute waived
01/26/2016Committee substitute agreed to 16104484D-S1
01/26/2016Reading of amendment waived
01/26/2016Amendment by Senator Newman agreed to
01/26/2016Engrossed by Senate - committee substitute with amendment SB163ES1
01/26/2016Printed as engrossed 16104484D-ES1
01/27/2016Impact statement from DHCD (SB163ES1)
01/27/2016Read third time and passed Senate (26-Y 14-N) (see vote tally)
02/03/2016Placed on Calendar
02/03/2016Read first time
02/03/2016Referred to Committee on Transportation
02/18/2016Reported from Transportation with substitute (21-Y 0-N) (see vote tally)
02/18/2016Committee substitute printed 16105616D-H1
02/19/2016Read second time
02/22/2016Read third time
02/22/2016Committee substitute agreed to 16105616D-H1
02/22/2016Engrossed by House - committee substitute SB163H1
02/22/2016Passed House with substitute BLOCK VOTE (100-Y 0-N)
02/22/2016VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) (see vote tally)
02/24/2016House substitute agreed to by Senate (21-Y 19-N) (see vote tally)
02/24/2016House substitute rejected by Senate (19-Y 21-N) (see vote tally)
02/24/2016Reconsideration of House substitute agreed to by Senate (40-Y 0-N) (see vote tally)
02/24/2016Passed by for the day
02/25/2016House substitute agreed to by Senate (24-Y 16-N) (see vote tally)
02/25/2016Title replaced 16105616D-H1
02/26/2016Enrolled
02/26/2016Bill text as passed Senate and House (SB163ER)
02/26/2016Signed by Speaker
02/29/2016Signed by President
03/01/2016Enrolled Bill Communicated to Governor on 3/1/16
03/01/2016G Governor's Action Deadline Midnight, March 8, 2016
03/07/2016G Approved by Governor-Chapter 249 (effective 7/1/16)
03/07/2016G Acts of Assembly Chapter text (CHAP0249)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 4 clips in all, totaling 11 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Sen. Jill Holtzman Vogel (R-Winchester): BILL 163 I WOULD ASK THAT THIS BE RECONSIDERED.

Del. Bill Howell (R-Fredericksburg): THIS HAS BEEN RECONSIDERED CONSIDEREDONCE SO THIS IS A UNAS VOTE. THE REQUEST HE IS SHALL SENATE BILL 163 BE RECONSIDERED. ALL IN FAVOR OF THE MOTION WILLS ED NO.


Sen. Tommy Norment (R-Williamsburg): SENATE BILL 163, PASSED THE HOUSE WITH A SUBSTITUTE.

[Unknown]: THE SENATOR FROM HAMPTON, SENATOR LOCKE.

Sen. Mamie Locke (D-Hampton): THANK YOU, MR. PRESIDENT. LET ME TRY THIS AGAIN. MR. PRESIDENT, AGAIN I ASK THAT THE SENATE ACCEPT THE HOUSE SUBSTITUTE TO SENATE BILL 163 THAT PASSED THE HOUSE ON A 100-0 VOTE. MR. PRESIDENT, IT MAY BE DIFFICULT FOR SOME TO BELIEVE, ESPECIALLY IF YOU'RE FROM A PART OF THE STATE THAT DOES NOT EXPERIENCE THE FREQUENCY OF FLOODING LIKE WE DO IN HAMPTON ROADS, BUT THIS IS A VERY REAL PROBLEM FOR US. AGAIN, AND MOST IMPORTANT, THIS BILL COMES DIRECTLY FROM CITIZENS IN HAMPTON AND POQUOSON LOOKING FOR LOCAL GOVERNMENT ASSISTANCE TO HAVE AN OPTION TO ENACT AN ORDINANCE TO PREVENT THE OPERATION OF MOTOR VEHICLE GUN BOATS ON FLOODED STREETS. THIS IS NOT COMPLICATED. THIS IS ABOUT GIVING A LOCALITY THE OPTION TO CREATE A MONTH WAKE ZONE FOR FLOODED STREETS JUST LIKE WE HAVE FOR SENSITIVE WATER AREAS IN HIGH BOAT TRAFFIC AREAS. THIS PERMISSIVE STATUTE WOULD PROVIDE FOR SIGNAGE AND WOULD EXEMPT PUBLIC SAFETY, POLITIC UTILITY AND VDOT VEHICLES. I SIMPLY ASK WE ACCEPT THE HOUSE SUBSTITUTE. THANK YOU, MR. PRESIDENT.

[Unknown]: THANK YOU, SENATOR. THE SENATOR FROM JAMES CITY COUNTY, SENATOR NORMENT.

Sen. Tommy Norment (R-Williamsburg): THANK YOU, MR. PRESIDENT. I RISE IN SUPPORT OF THE BILL. IT'S AMAZING WHAT 24 HOURS CAN DO AND HOW YOU CAN HAVE A HE HAVE PERSPECTIVE FAEN, ESPECIALLY WHEN -- HE FIFE PANE, ESPECIALLY WHEN THE YOU HEAR FROM ONE OF THE LOCALITIES YOU REPRESENT AND THIS IS IMPORTANT AND THIS IS VERY IMPORTANT TO AN AREA THAT THE SENATOR FROM HAMPTON AND I SHARE. I REALIZE IT RAY NOT BE AN ISSUE IN SOME GEOGRAPHICAL AREAS OF THE STATE, BUT IT IS VERY IMPORTANT DOWN IN SOME OF THE LOW LANDS THAT WE HAVE, PARTICULARLY IN THE JURISDICTION FORMERLY KNOWN AS BULL ISLAND.

[Unknown]: THANK YOU, SENATOR. THE SENATOR FROM GRAYSON, SENATOR CARRICO.

Sen. Bill Carrico (R-Grayson): THANK YOU, MR. PRESIDENT. BELIEVE IT OR NOT, THE NEW RIVER DOES FLOOD. IT DOES GET OUTSIDE OF ITS BANKS AND THERE ARE PEOPLE TICKED FOR RECKLESS DRIVING THAT WILL DRIVE THROUGH THOSE AREAS WHERE THEY ARE ENDANGERING THEMSELVES OR PROPERTY, AND AS I STATED EARLIER YESTERDAY, THAT THERE IS ALREADY A VIOLATION OF THE LAW WHICH IS CALLED RECKLESS. THE ONLY THING DIFFERENT HERE IS YOU'RE TAKING THE WILLFUL AND WANTON ACT TO DAMAGE PROPERTY OUT OF THE SECTION WITH -- CONDURING WITH WHAT THE LOUSE DID. I JUST GIVE THE EXAMPLE AGAIN, IF YOU CARE ABOUT YOUR NEIGHBOR AND YOU GO DOWN WITH YOUR HIGH-RISE PICKUP TO PICK UP YOUR NEIGHBOR WHILE THEY'RE BEING FLOODED AND YOU HAVE A -- ONE OF THE OTHER NEIGHBORS HAS A VENDETTA AGAINST YOU AND THERE'S SOME FLOODING DAMAGE TO THEIR HOUSE, THERE IS NO PROOF IF THE WILLFUL AND WANTON ACT IS TAKEN OUT OF THIS BECAUSE ALL YOU HAVE TO DO IS BE ON THAT STREET. IT IS NOT ANY PROOF THAT YOU HAVE TO HAVE DONE ANYTHING WILLFULLY OR WANTON IF THIS COMES OUT. SO I RENEW MY OBJECTION TO THE AMENDMENT AND I HOPE WE DEFEAT IT. THANK YOU.

[Unknown]: THANK YOU, SENATOR. THE SENATOR FROM FAUQUIER, SENATOR VOGEL.

Sen. Jill Holtzman Vogel (R-Winchester): THANK YOU, MR. PRESIDENT. I JUST RISE TO SPEAK TO THE MOTION. IT WAS MY FAULT YESTERDAY FOR THE CONFUSION AND THE FACT THAT WE ARE NOW HEARING THIS A THIRD TIME, SO I HAVE TO APOLOGIZE TO THE BODY FOR THAT, BUT IT WAS TRULY MY MISUNDERSTANDING ABOUT WHAT THE ISSUES WERE AND WHAT WAS REVENT AND WASN'T RELEVANT, BUT HAVING GONE BACK AND LOOKED AND ALSO HEARD FROM SEVERAL PEOPLE, I WOULD URGE THE BODY TO SUPPORT THE SENATOR FROM HAMPTON IN ADOPTING THE HOUSE'S RECOMMENDATION. THANK YOU, MR. CHAIR, OR MR. PRESIDENT.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL THE SENATE CONCUR WITH THE SUBSTITUTE. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

Sen. Jill Holtzman Vogel (R-Winchester): AYES 24, NOS 16.

[Unknown]: AYES 24, NOS 16. THE SENATE CONCURS WITH THE HOUSE SUBSTITUTE. SENATE BILL 4, PASSED THE HOUSE WITH A SUBSTITUTE. THE SENATOR FROM FRANKLIN COUNTY, SENATOR STANLEY.

Sen. Bill Stanley (R-Moneta): THANK YOU, MR. PRESIDENT. WITH REGARD TO SENATE BILL 4,

Duplicate Bills

The following bills are identical to this one: HB289.