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2000 SESSION

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004823656
HOUSE BILL NO. 1338 Offered January 24, 2000 A BILL to amend and reenact § 44-146.20 of the Code of Virginia, relating to joint action by political subdivisions. ---------- Patrons-- Byron, Cantor, Davis, Drake, Landes and Putney; Senator: Newman ---------- Referred to Committee on Counties, Cities and Towns ----------

Be it enacted by the General Assembly of Virginia:

1. That § 44-146.20 of the Code of Virginia is amended and reenacted as follows:

§ 44-146.20. Joint action by political subdivisions.

A. If two or more adjoining 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 services operations plan, mutual aid, or such other activities as necessary for planning and services. A determination of such findings shall be based on the factors related to the difficulty of providing emergency services on an interjurisdictional basis.

B. Any political subdivision may provide or receive assistance in the event of a disaster or emergency, pursuant to this chapter. Such assistance may be provided pursuant to the Emergency Operations Plan of the Commonwealth, and pursuant to agreements among the political subdivisions. When participating in responses to disasters and emergencies, the political subdivisions, their officials, employees and volunteers shall have all the authority, benefits, immunity from liability and exemptions from laws, ordinances and regulations as are applicable to such actions within their own jurisdictions. The intention of a political subdivision to plan for participation in interjurisdictional responses pursuant to the Emergency Operations Plan may be evidenced by resolution or ordinance of the governing body, upon a finding that such participation is in the public interest. The action of the governing body may include terms and conditions deemed necessary by the governing body for participation in such responses.