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2014 SESSION

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14104246D
HOUSE BILL NO. 310 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Militia, Police and Public Safety on January 24, 2014) (Patron Prior to Substitute--Delegate Lingamfelter) A BILL to amend the Code of Virginia by adding a section numbered 44-146.18:3, relating to first informer broadcasters.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 44-146.18:3 as follows:

§ 44-146.18:3. First informer broadcasters; coordination with Department of Emergency Management.

A. For purposes of this section, unless the context requires otherwise, "first informer" means the critical radio, television, or cable television personnel of a radio or television broadcast station or cable television system engaged in (i) the process of broadcasting or cablecasting; (ii) the maintenance or repair of broadcast station or cable system equipment, transmitters, and generators; or (iii) the transportation of fuel for generators of broadcast stations or cable systems.

B. Unless it is shown to endanger public safety or inhibit recovery efforts, or is otherwise prohibited by state or federal law, state and local government agencies shall permit first informer radio, television, or cable television personnel with proper identification cards to access their broadcasting station or cable television system within any area declared a state emergency area by the Governor for the purpose of provision of news, public service, and public safety information and repairing or resupplying their facility or equipment.

First informer identification cards shall be issued by the Virginia Association of Broadcasters or the Virginia Cable Television Association. A list of those first informers shall be furnished to the Virginia Department of Emergency Management and the Secretary of Veterans Affairs and Homeland Security by the Virginia Association of Broadcasters and the Virginia Cable Television Association prior to December 30 of each year.

C. Nothing in this section shall be construed to limit or impair the right or ability of any news organization or its personnel to gather and report the news.