ferred by this section conflict with any provision contained in Chapter 48
of the Acts of Assembly of 1942, as amended, then the provision of th
section shall control.

2. An emergency exists and this act is in force from its passage.

CHAPTER 48

An Act to amend the Code of Virginia by adding in Title 44 a chapter
numbered 3.1, containing sections numbered 44-146.2 through 44-
146.12, to confer certain powers and duties upon the Governor in
connection with planning the best use of human, natural, manmade
and economic resources for the protection of the public in the event
mB attack upon the United States, its territories or possessions; to pro-

vide for certain committees and officials and the duties and powers
thereof; to provide for cooperation with federal agencies and officials;
to authorize counties, cities and towns to establish committees for plan-
ning m event of such attack and the powers and duties thereof and
to exercise certain powers for such purposes; to confer certain powers
upon the Governor in the event of attack and to authorize the Governor
to adopt rules to effectuate the same in connection with all resources,
materials, goods and services; to authorize the Governor to cooperate
with other states in the protection of areas in this and such other
states; to provide for judicial inquiry into the exercise of any powers
under this act subsequent to an attack; to provide penalties for viola-
tion; and to repeal certain acts.
[H 164]

Approved February 26, 1966

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding in Title 44 a chapter
numbered 3.1 containing sections numbered 44-146.2 through 44-146.12,

as follows:
CHAPTER 3.1

§ 44-146.2. This chapter may be cited as “The Post-Attack Resource
Management Act”’.

§ 44-146.8. As used in this chapter, “attack” means any act of ag-
gression by a foreign power on the United States or one of its Territories
or Possessions by nuclear fission or fusion bomb or device or by chemical
or bacteriological warfare.

§ 44-146.4. (a) The Governor may establish a State Emergency
Resource Planning Committee (hereinafter referred to as the “State
Committee”) and the office of State Emergency Planning Director (here-
inafter referred to as the “Director’’), and appoint to serve at his plea-
sure the members of such State Committee and the Director.

(b) The State Committee shall consist of the Governor, who shall
be chairman, the Director, other state officials designated by the Governor,
and persons representative of industry, commerce, labor, agriculture, civic,
governmental and professional groups, designated by the Governor. In
the absence of the Governor, the Director shall act as chairman.

§ 44-146.5. (a) The State Committee shall:

1. Prepare and keep current a comprehensive plan for the manage-
ment of resources in time of post-attack recovery and rehabilitation. The
plan shall be coordinated with related plans of the federal government,
and shall become effective on approval by the Governor.

_2. Coordinate plans for post-attack recovery and rehabilitation of
political subdivisions and economic and geographic areas having recovery
and rehabilitation planning functions pursuant to this chapter.

(b) The State Committee may:

1. Create subcommittees, special committees, or task groups, either
within or without its membership. Any such committee or task group
may consider problems of particular interest to a designated geographic
or economic area of the State, or any problem of interest to the State
Committee. Any county, city or town may appropriate funds or con-
tribute services, personnel and facilities to a subcommittee, special com-
mittee or task group organized for the geographic or economic area within
which it is situated. The subcommittee, special committee, or task group
for an economic or geographic area shall, if directed so to do by the State
Committee, prepare a post-attack recovery and rehabilitation plan for
the area, which plan shall become effective when approved by the Gov-
ernor. If the plan for a geographic or economic area so provides, the
Director may designate an area director who may exercise such powers
and have such duties with respect to the area as are exercisable by local
directors for the county, city or town in which they serve. The plan also
may provide for any other matters necessary and incidental to the ad-
ministration of the planning and post-attack recovery and rehabilitation
functions appropriate for execution on a geographic or economic area basis.

. Designate, with the approval of the Governor, State agencies to
assist the State Committee in the performance of any of its functions.

§ 44-146.6. The Director shall:

1. Act as the executive officer of the State Committee.

2. Perform such duties and exercise such powers as have been or
may be delegated to him by the Governor, in connection with operations
following an attack and the issuance of a proclamation of the Governor
pursuant to § 44-146.9 of this chapter.

$ 44-146.7. The State Committee and the Director may cooperate
with any and all other agencies and officers of the federal government, or
of any county, city or town, and economic and geographic areas estab-
lished pursuant to this chapter, in respect of any of its functions. To
avoid duplication, the State Committee and the Director shall utilize the
services, personnel, and facilities of other State agencies to the maximum
extent practicable. Such agencies shall cooperate with the State Com-
mittee and the Director pursuant to this section, within existing appro-
priations available therefor.

§ 44-146.8. (a) Any county, city or town may establish a local
emergency resource planning committee and director. Within the juris-
fiction of such county, city or town, the local committee, director and chief
executive officer shall, if any, have similar duties and powers to those
conferred on the State Committee, Director and Governor, respectively,
by or pursuant to this chapter. No such duties and powers shall be exer-
cised so as to produce conflict with any plan approved by the Governor
pursuant to this chapter, or any rules, regulations or orders issued by

authority of the Governor.
(b) This section shall not be construed to confer power contrary to
constitutional, statutory and charter limitations applicable to the county,
city or town concerned. ;

§ 44-146.9. (a) After an attack the Governor, if he finds such action
necessary to deal with the danger to the public safety caused thereby or
to aid in the post-attack recovery or rehabilitation of this State, shall
declare by proclamation the existence of a post-attack recovery and reha-
bilitation emergency. Any such proclamation shall be void, unless the
General Assembly is then in session or the Governor simultaneously issues
an order convening the General Assembly in special session within thirty

ys.

(b) While the proclamation issued pursuant to subsection (a) of this
section is in force, subject to the limitations set forth in this chapter, and
in a manner not inconsistent with any rules, regulations or orders and
policy guidance issued by the federal government, the Governor may pro-
mulgate and enforce rules to:

1. control, restrict and regulate by rationing, freezing, use of quotas,
prohibitions on shipments, price fixing, allocation or other means, the use,
sale or distribution of food, feed, fuel, clothing and other commodities,
materials, goods or services;

2. prescribe and direct activities in connection with but not limited
to use, conservation, salvage and prevention of waste of materials, services
and facilities, including production, transportation, power and communica-
tion facilities, training and supply of labor, utilization of industrial plants,
health and medical care, nutrition, housing, including the use of existing
and private facilities, rehabilitation, education, welfare, child care, recrea-
tion, consumer protection and other essential civil needs; and

3. take such other action as may be necessary for the management
of resources following an attack.

(c) All rules issued pursuant to this chapter shall have the full force
and effect of law during the continuance of a proclamation or declaration
of emergency under this section, when a copy of the rule or order is filed
as provided by Chapter 1.1, Title 9, but every such rule shall be deemed
to be an emergency rule, or if issued by a local or area official, when filed
in the office or offices of the clerk of the governing body of such county,
city or town or area. If, by reason of destruction or disruption attendant
upon or resulting from attack, the filing requirements cannot be met,
public notice by such means as may be available shall be deemed a com-
plete and sufficient substitute. All existing laws, ordinances and rules
inconsistent with this chapter, or any rule issued under the authority
thereof, shall be inoperative during the period of time and to the extent
such inconsistency exists.

(d) Any authority exercised pursuant to a proclamation or emergency
contemplated by this section may be exercised with respect to the entire
territory over which the Governor or other official, as the case may be, has
jurisdiction, or as to any specified part thereof.

(e) The Governor’s power and authority to issue a proclamation fol-
lowing an attack shall be terminated by the passage of a joint resolution
of the General Assembly or by declaration of the termination of the emer-
gency by the Governor: provided that the proclamation shall terminate
automatically six months after issuance and a similar proclamation may
not be issued unless concurrence is given thereto by joint resolution of the
General Assembly.

§ 44-146.10. The Governor may negotiate with the Governor of
another state or states, and by agreement with such other Governor or
Governors provide for the establishment of geographic or economic areas
where the areas lie partly in this State and partly in such other state or
states and for the administration therein of activities similar to those
authorized for any area lying wholly within this State.
§ 44-146.11. Every proclamation and the facts related therein issued
under this chapter shall be subject to judicial inquiry by the Supreme
Court of Appeals of Virginia as to the existence of the facts underlying
the issuance of the proclamation and whether such action was reasonable
under the circumstances.

§ 44-146.12. Any person who violates any rule adopted and promul-
gated under this chapter shall be guilty of a misdemeanor and punished
as provided by law.

2. All laws inconsistent with this chapter are hereby repealed but noth-
ing in this chapter shall operate to repeal or impair any Interstate Civil
Defense and Disaster Compact or any part thereof to which this State is

a party.