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TITLE 2.1. ADMINISTRATION OF THE GOVERNMENT GENERALLY.

§§ 2.1-1.5 and 2.1-179. See § 23-9.2:3; HB 638.
§ 2.1-1.5. See § 56-484.8; HB 1331.
§§ 2.1-1.5 and 2.1-179. See § 23-9.2:3; SB 341.
§§ 2.1-1.6 and 2.1-20.4. See § 54.1-300; HB 930.
§ 2.1-1.6. See § 54.1-2310; HB 1077/SB 700.
§ 2.1-1.6. See § 3.1-1104; HB 1174/SB 681.
§§ 2.1-1.6, 9-6.25:1, 37.1-134.6 and 37.1-134.19 amended; §§ 2.1-373.10 through 2.1-373.14 and 37.1-134.14:1 added. Public guardians and conservators. Authorizes the Department for the Aging to implement, fund and manage a statewide program of local or regional public or private entities to provide services as a guardian or conservator for incapacitated persons in those cases where the incapacitated person's estate is insufficient to pay costs and compensate a guardian or fiduciary, and there is no other willing and able person to serve. SB 394; CH. 787.
§ 2.1-1.7. See § 9-6.25:2; HB 556.
§§ 2.1-1.7 and 2.1-51.21. See § 9-6.25:1; HB 851.
§ 2.1-1.7. See § 37.1-203; HB 1292.
§§ 2.1-1.7 and 2.1-51.21. See § 9-6.25:1; SB 383.
§§ 2.1-1.7, 2.1-373 and 9-6.25:1 amended; § 2.1-373.02 added. Department for the Aging; advisory board. Establishes the powers, duties and membership of the advisory board and changes the name to the Commonwealth Council on Aging. There are also technical amendments in this bill. SB 465; CH. 665.
§ 2.1-7.4 added. Administration of government; electronic filing of information. Allows agencies responsible to the executive secretariats to (i) accept the electronic filing of any information required or permitted to be filed with such agencies and (ii) prescribe the methods of executing, recording, reproducing, and certifying such filing. The bill, which excludes the Virginia Public Procurement Act, is modeled after § 13.1-604 pertaining to the State Corporation Commission, and is a recommendation of the Joint Commission on Technology and Science. SB 152; CH. 636.
§ 2.1-20.1. See § 38.2-4319; HB 542.
§ 2.1-20.1. See § 32.1-325; HB 610.
§ 2.1-20.1 amended. Health and related insurance for state employees; managed care options. Provides that persons covered by the state employees' health insurance benefit program be given a choice of at least two health insurance coverage plans in each planning district where available. In each planning district that does not have an available health insurance coverage alternative, the Department of Personnel and Training shall voluntarily enter into negotiations at any time with any health insurance coverage provider who seeks to provide coverage under the plan. Agencies authorized to have their own health insurance coverage plan are exempted. HB 804; CH. 851.
§ 2.1-20.1. See § 38.2-4319; HB 915.
§ 2.1-20.1. See § 32.1-325; HB 1202.
§ 2.1-20.1 amended. Health care plan for state employees; diabetes coverage. Requires the health care plan for state employees to provide coverage for equipment, supplies and outpatient self-management training and education, including medical nutrition therapy, required for the treatment of insulin-dependent diabetes, insulin-using diabetes, gestational diabetes and non-insulin-using diabetes if prescribed by a health care professional legally authorized to prescribe such items. To qualify for coverage under the provisions of this bill, diabetes outpatient self-management training and education must be provided by a certified, registered or licensed health care professional. HB 1399; CH. 386/SB 245; CH. 35.
§ 2.1-20.1. See § 38.2-4319; SB 679.
§ 2.1-20.1. See § 38.2-4319; SB 705.
§ 2.1-20.1:04 amended. State health insurance; purchase of continued health insurance by surviving spouse and dependents of certain public safety employees. Provides that the spouse and any dependents of a deceased local public safety employee (law-enforcement officer, firefighter, etc.) who purchase continued health insurance coverage shall pay the same portion of the applicable premium as active employees pay for the same class of coverage, and the local government employer that employed the deceased shall pay the remaining portion of the premium. The bill also provides that at no time shall a surviving spouse or dependent pay more for continued health insurance coverage than active employees pay under the same plan for the same class of coverage. The bill specifies that it applies to spouses and dependents of covered employees who died on or after January 1, 1994. SB 173; CH. 699.
§ 2.1-20.1:05 added. Local government health insurance plans; purchase of continued health insurance by surviving spouse and dependents of certain public safety employees. Defines "plan sponsor" as the local government employer which has established a plan of health insurance coverage for its employees and retirees, and provides that the spouse and any dependents of a deceased local public safety employee whose death occurs as the direct or proximate result of the performance of his duty (law-enforcement officer, firefighter, etc.) who purchase continued health insurance coverage from such plan sponsor shall pay the same portion of the applicable premium as active employees pay for the same class of coverage, and the local government employer that employed the deceased employee shall pay the remaining portion of the premium. The bill also provides that at no time shall a surviving spouse or dependent pay more for continued health insurance coverage provided by the plan sponsor than active employees pay under the same plan for the same class of coverage. SB 172; CH. 698.
§ 2.1-20.1:2. See § 23-50.16:5; HB 227.
§§ 2.1-20.1:2, 2.1-20.1:3 and 2.1-20.1:4 amended. Health insurance credits; retired state employees, retired teachers and retired local government employees. Allows the Virginia Retirement System to determine the method of payment of the health insurance credits for retired state employees, retired teachers and retired local government employees. Retirees who do not participate in an employer-sponsored plan will receive a credit to the same extent as retirees who participate in the employer-sponsored plan. This replaces the reimbursement system currently in place for non-participating employees. HB 250; CH. 195.
§§ 2.1-20.1:2, 2.1-20.1:3 and 2.1-20.1:4. See § 51.1-142; HB 262.
§§ 2.1-20.2, 2.1-20.5 through 2.1-20.12, 2.1-38, 2.1-38.3, 2.1-68, 2.1-71.2 and 2.1-180. See § 17.1-100; HB 1114.
§§ 2.1-20.3, 2.1-20.4, 9-14 and 14.1-18 amended. Compensation and expenses of members of boards, commissions, etc., establishment of Shipyard Incentive Commission & grant program. Requires that citizen members of all boards, commissions, and other bodies who are appointed at the state level be compensated at the rate of $50 per day, unless a different rate is specified elsewhere, plus reasonable and necessary expenses. Currently, members of certain bodies receive per diem compensation, expense reimbursement, or both. In addition, the Shipyard Incentive Commission and the grant program are created. The Commission, consisting of seven members, administers and oversees the grant program. The grant program offers an investment grant and an operations grant to any qualified shipbuilder. A qualified shipbuilder is defined as a corporation that (i) is primarily engaged in designing, constructing, overhauling, modernizing and repairing ships at its facilities in Virginia; (ii) employs more than 10,000 persons at such facilities; and (iii) makes a qualified investment of at least $30 million in the fiscal year preceding the fiscal year in which a grant is provided, at least $35 million in the second fiscal year a grant is provided, and at least $50 million in each fiscal year thereafter. Total investment grants shall not exceed $58 million and total operations grants shall not exceed $40 million. The grant program expires June 30, 2004. SB 442; CH. 790.
§ 2.1-27.10 added. Bill of Rights Day. Provides that December 15 of each year shall be designated and known as the "Bill of Rights Day" in recognition of the ratification of the first 10 amendments to the United States Constitution. HB 1191; CH. 383.
§§ 2.1-37.12:1 and 2.1-37.12:2 added. Judicial Inquiry and Review Commission. Allows the Commission to suspend a judge with pay if there is probable cause to believe that continued performance of his judicial duties constitutes both a substantial and immediate threat to the public interest in the administration of justice. The Commission is also empowered, under this bill, to order a mental or physical examination of a judge if the Commission has probable cause to believe that he cannot perform his duties due to excessive use of alcohol or drugs or physical or mental illness. This bill is recommended by the Joint Subcommittee Studying the Judicial Inquiry and Review Commission. HB 963; CH. 862/SB 642; CH. 672.
§ 2.1-37.17:1 amended. Judicial Inquiry and Review Commission. Describes the content of the report to be received by the General Assembly on a judge who has been the subject of a complaint before the Commission to include the nature of the complaint, its current status, any remedial action taken, etc., and requires that the judge receive a copy. The bill also expands the reporting requirement to include all members of the House and Senate Committees for Courts of Justice and, upon request, any member of the General Assembly whose district encompasses the judge's circuit or district. Previously, the report was received only by the House and Senate Courts Committees and only upon request of the chairmen. The bill also mandates that the Commission send to the Bar District Committee any evidence it receives relating to the private practice of law by any judge or substitute judge. This bill will not become effective unless a constitutional amendment passes which specifically allows for a confidentiality exception to the proceedings and documents of the Commission allowing the General Assembly to receive confidential information. As introduced, the bill was a recommendation of the Joint Subcommittee Studying the Judicial Inquiry and Review Commission. See and compare SB 645. For effective date, see bill. HB 964; CH. 757.
§ 2.1-37.17:1 amended. Judicial Inquiry and Review Commission. Codifies the requirements for the report which is received by the General Assembly on a judge who has been the subject of a complaint before the Commission to include the nature of the complaint, current status, any remedial actions taken, etc., and requires that the judge receive a copy. The bill eliminates the need for a request by the chairman of the House or Senate Courts of Justice Committee before those committees can receive the report and expands the reporting requirement to include any member of the General Assembly, upon request. The bill also provides for sanctions to be imposed by the Committee on Standards of Conduct of the member's respective house for wrongful disclosure. Previously, the report was received only by the House and Senate Courts Committees upon request of the Chairmen. This bill will not become effective unless a constitutional amendment passes which specifically allows for a confidentiality exception to the proceedings and documents of the Commission allowing the General Assembly to receive confidential information. As introduced, the bill was a recommendation of the Joint Subcommittee Studying the Judicial Inquiry and Review Commission. For effective date, see bill. SB 645; CH. 804.
§§ 2.1-41.2, 2.1-342, 2.1-467, 2.1-467.2, 2.1-467.4, 2.1-467.5, 2.1-467.7 and 2.1-467.8. See § 42.1-1; HB 822.
§ 2.1-51.14 amended. Health and Human Resources; long-term care coordination. Provides for the Secretary of Health and Human Resources to coordinate the work of state agencies to implement the long-term care policy of the Commonwealth. SB 464; CH. 793.
§§ 2.1-116.03 and 2.1-116.07 amended. Department of Employee Relations Counselors; state grievance procedure. Authorizes the Director of the Department of Employee Relations Counselors (DERC) to establish a process to select hearing officers, on a rotating basis, from the list maintained by the Executive Secretary of the Supreme Court. Currently, the Director of DERC, in conjunction with the Executive Secretary of the Supreme Court, establishes the selection process. The bill also clarifies the powers of hearing officers to order appropriate remedies in grievance cases. HB 1082; CH. 263.
§ 2.1-116.07 amended. State grievance procedures; award of attorneys' fees. Changes the basis for awarding attorneys' fees in suits to implement the decision of a hearing officer related to a grievance. Under the bill, if either party substantially prevails on the merits of the case and the other party's position is not substantially justified, attorneys' fees must be awarded unless special circumstances would make an award unjust. Current law allows for the award of attorneys' fees to either party in the discretion of the court. HB 1155; CH. 438.
§ 2.1-116.09 amended. State employees' grievance procedure. Exempts the Attorney General and every legislative, judicial, and independent agency from the requirement that they establish and administer a grievance procedure consistent with the state grievance procedure. These organizations must have a grievance procedure, but may develop a procedure independent of the procedure for executive branch agencies. SB 246; CH. 245.
§ 2.1-124 amended. Attorney General; prosecution of certain environmental crimes. Authorizes the Attorney General, with the concurrence of the local attorney for the Commonwealth, to prosecute violations of the Air Pollution Control law, the Virginia Waste Management Act, and the State Water Control law, as well as related offenses. HB 628; CH. 510/SB 664; CH. 507.
§§ 2.1-133.6, 2.1-133.8, 2.1-133.9 and 2.1-133.10 amended; § 2.1-133.7:1 added. Public safety employees; death benefits and continued health insurance coverage. Requires continued health care coverage to be afforded to disabled public safety employees and to the spouses and dependents of deceased public safety employees, if the employee's death or disability occurred in the course of his employment. Eff. 7/1/00. HB 324; CH. 712.
§ 2.1-155. See § 58.1-3523; SB 4005.
§ 2.1-196.2 added. Comptroller; recovery of improper payments to state employees. Provides a mechanism for an employer to recover any payment or compensation paid to a state officer or employee to which he was not entitled and which he has failed or refused to return. The bill also provides that the employee or officer who authorized the payment is liable. The bill allows the employer, if liability is admitted, to offset the amount wrongly paid against any payment or compensation due the officer or employee while he remains in state service. However, if the officer or employee leaves state service, liability is disputed or recovery cannot be accomplished, the employer may request the Attorney General to bring an action for restitution. The bill authorizes the court to award costs and reasonable attorneys' fees to the prevailing party. The bill clarifies that it does not apply to VRS benefits. HB 1203; CH. 876.
§§ 2.1-234.5 and 2.1-360 amended; § 2.1-328.15 added; § 2.1-329 repealed. Investment of public funds. Reclassifies negotiable certificates of deposit and negotiable bank deposit notes from deposits to investments. The reclassification allows these instruments to be collateralized under the Security for Public Deposits Act. Public funds are permitted to be invested in these instruments if the instruments have certain ratings by recognized rating agencies. HB 375; CH. 21/SB 261; CH. 20.
§§ 2.1-234.11 through 2.1-234.14, 2.1-234.16, 2.1-234.20, 2.1-234.21, 2.1-234.23, 2.1-234.25, 2.1-234.27 and 53.1-82.3 amended. Virginia Public Building Authority; refunding of bonds issued by other issuers. Authorizes the Virginia Public Building Authority (VPBA) to refinance bonds issued by other state and local authorities and political subdivisions if the bonds are secured by a lease or other payment agreement with the Commonwealth. The current $1,386 million cap on VPBA-issued bonds is reduced to $1,140 million, exclusive of certain bonds to refinance certain obligations. The VPBA's authority to issue revenue bonds is made subject to the consent of the Governor. The Governor is authorized to designate the chairman of the VPBA. Currently, the members of the VPBA elect the chairman. The measure also provides that the format for statements of expected financing costs for the construction of jail projects is to be prescribed by the Department of the Treasury rather than by the Treasury Board. The measure clarifies requirements regarding the bidding for construction and other contracts for projects to be owned by the VPBA or any state agency. HB 449; CH. 498/SB 195; CH. 504.
§ 2.1-342. See § 32.1-5; SB 712.
§ 2.1-343.1:1 added. Meetings of boards of visitors of UVA under the Virginia Freedom of Information Act. Provides that the board of visitors of UVA may conduct meetings through audio/video communication when at least two-thirds of the membership is physically assembled at its regular meeting place and when the customary requirements of public notice, voting and recordation of the meetings are followed. The bill limits such meetings to 25 percent of all meetings held by the board. The bill has a sunset provision of July 1, 2000, and also requires records and reports of the duty and participation in and any complaints about such meetings. HB 659; CH. 839/SB 252; CH. 777.
§ 2.1-373.4 repealed. Virginia Department of the Aging. Repeals the section that designates the Virginia Department for the Aging as the state agency responsible for coordinating all long-term care efforts of state and local human services agencies. As a result, the Department is no longer required to coordinate the long-term care efforts of state and local agencies. SB 463; CH. 453.
§§ 2.1-394, 2.1-394.1, 2.1-397.1 and 2.1-399.1 amended; § 2.1-399.2 added. Planning and budgeting procedures. Requires the Department of Planning and Budget to provide copies of the agency expenditure estimates for the four-year period following the succeeding biennium to the chairmen of the House Appropriations and Senate Finance Committees. The Department is also required to provide the chairmen with copies of the formats for reporting agency expenditure estimates. The measure also makes technical corrections. SB 391; CH. 467.
§ 2.1-399.1 amended. Legislation relating to debt. Requires the Governor to submit to the General Assembly, by the date the budget bill or amendments thereto must be submitted, copies of legislation involving the issuance of bonded indebtedness which is included in the Governor's budget. HB 352; CH. 118/SB 440; CH. 591.
§ 2.1-440.1 amended. Division of Purchases and Supply; procurement of computer equipment. Provides that performance-based specifications shall include, but are not limited to, certain vendor and equipment characteristics. HB 1009; CH. 536.
§ 2.1-483.1:1 amended. Department of General Services; value engineering. Specifies "on or before September 15 of each year" as the time the annual report submitted by the Director of General Services must be given to the Governor and the General Assembly. The bill also clarifies that the requirement for value engineering applies to public institutions of higher education. HB 1364; CH. 207.
§ 2.1-512 amended. Department of General Services; surplus property. Specifies that the Director of the Department of General Services, or his designee, may execute a deed or lease on behalf of the Commonwealth and that such action does not create a cloud on the title to the subject property. SB 319; CH. 466.
§ 2.1-548.32 amended. Virginia Economic Development Partnership Authority; employee benefits. Clarifies that employees of the Authority may participate in all health and related insurance benefits as well as other benefits, including premium conversion and flexible benefits, available to state employees by law. SB 607; CH. 359.
§ 2.1-563.31. See § 59.1-467; SB 153.
§ 2.1-639.6 amended. Prohibited contracts by officers and employees of state government. Exempts an employee's personal interest in a contract between a state higher education institution and a business in which the employee has a personal interest, if there is (i) disclosure to the institution, (ii) filing of an appropriate disclosure statement, (iii) nonparticipation by the employee in the institution's decision to contract, and (iv) written certification by the institution's president that the contract is for goods and services needed for quality patient care by the institution's medical center. Also provides for the institution, no later than December 31 of each year, to file an annual report with the Secretary of the Commonwealth disclosing certain specified information. HB 658; CH. 838.
§§ 2.1-639.15, 2.1-639.41 and 2.1-786 amended. Conflict of Interests Acts; Lobbying Disclosure and Regulation Act; disclosure forms; gifts. Revises the requirement that government officers and employees and General Assembly members must disclose the donor of any gift or gifts with a cumulative value greater than $50. The bill requires disclosure of any single gift with a value to the recipient greater than $50 and of multiple gifts with a cumulative value greater than $100. The bill provides for the disclosure by COIA filers of entertainment events with a value per person attending the event greater than $50 and requires lobbyists to name the executive and legislative officials who attend such events. Lobbyists must notify the executive and legislative officials who are named in their disclosure reports once (rather than twice) each year by January 5 for the prior calendar year. Eff. 4/16/98. SB 22; CH. 732.
§§ 2.1-707 and 2.1-708 amended; §§ 2.1-710.1, 2.1-710.2 and 2.1-710.3 added. Economic and Employment Improvement Program for Disadvantaged Persons. Creates a grant program to improve the employability of, and provide assistance to, populations experiencing high rates of unemployment or underemployment through education and skill training. This is a recommendation of the Joint Subcommittee Studying the Status and Needs of African-American Males in Virginia. SB 699; CH. 808.
§ 2.1-746. See § 9-6.23; HB 1294.
§ 2.1-757 amended. Comprehensive Services Act. Provides that when an issue is before the court, the court may make a disposition other than the one recommended by the family assessment and planning team and that upon such a recommendation, the services ordered will qualify for funding, as appropriated by the General Assembly and the locality. HB 924; CH. 534.


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