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2010 SESSION

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10105136D
HOUSE BILL NO. 1350 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Commerce and Labor on February 9, 2010) (Patron Prior to Substitute--Delegate Peace) A BILL to amend and reenact § 59.1-526 of the Code of Virginia, relating to the Virginia Post-Disaster Anti-Price Gouging Act; time of disaster.

Be it enacted by the General Assembly of Virginia:

1. That § 59.1-526 of the Code of Virginia is amended and reenacted as follows:

§ 59.1-526. Definitions.

As used in this chapter:

"Disaster" means any "disaster," "emergency," or "major disaster," as those terms are used and defined in § 44-146.16, that results in the declaration of a state of emergency by the Governor or the President of the United States.

"Goods," "services," and "supplier" have the same meanings as are set forth for those terms in § 59.1-198.

"Necessary goods and services" means any necessary good or service for which consumer demand does, or is likely to, increase as a consequence of the disaster, and includes, but is not limited to, water, ice, consumer food items or supplies, property or services for emergency cleanup, emergency supplies, communication supplies and services, medical supplies and services, home heating fuel, building materials and services, tree removal supplies and services, freight, storage services, housing, lodging, transportation, and motor fuels.

"Time of disaster" means the shorter of (i) the period of time when a state of emergency declared by the Governor or the President of the United States as the result of a disaster, emergency, or major disaster, as those terms are used and defined in § 44-146.16, is in effect or (ii) 30 10 days after the occurrence of the disaster, emergency, or major disaster that resulted in the declaration of the state of emergency; however, if the state of emergency is extended or renewed within 30 10 days after such an occurrence, then such period shall be extended to include the 30 10 days following the date the state of emergency was extended or renewed unless the order or declaration extending or renewing the emergency specifically provides for a greater duration.

2. That nothing in this act shall limit or restrict any Executive Order issued by the Governor declaring a state of emergency, including any provision contained in such Executive Order authorizing or directing any state agency including, but not limited to, the Departments of State Police, Transportation, Motor Vehicles, Agriculture and Consumer Services, Mines, Minerals and Energy, Environmental Quality, and Emergency Management, to grant waivers or any other forms of relief, including temporary overweight, overwidth, registration, hours worked, fuel specifications, or license exemptions to carriers transporting essential commodities in and through the Commonwealth.