§§ 2.1-1.1, 2.1-1.3, 2.1-1.7, 2.1-20.4, 2.1-51.27, 2.1-51.40, 2.1-563.16, 2.1-563.17, 2.1-563.36, 2.1-563.37, 2.1-563.38, 2.1-563.40, 2.1-563.41, 9-6.14:4.1, 9-6.23, 9-6.25:1, 9-6.25:2, 9-145.53, 9-145.56, 9-253, 9-266.4, 9-361, and 42.1-80 amended; §§ 2.1-51.44 through 2.1-51.50, 2.1-563.28:1, 2.1-563.28:2, and 2.1-563.28:3 added; §§ 2.1-563.28 through 2.1-563.35, 9-145.50 and 9-145.51 repealed. Secretary of Technology created. Creates the Secretary of Technology of the Commonwealth, who shall also function as Virginia's Chief Information Officer, and provides for the powers and duties thereof. The bill assigns responsibility to the Secretary for the Department of Information Technology, Innovative Technology Authority, Virginia Geographic Information Network Advisory Board, Virginia Information Providers Network Authority, and the new Department of Technology Planning (DTP), which is also created in the bill. The bill abolishes the Council on Information Management (CIM) and transfers its employees to the new DTP. The bill also repeals the Virginia Technology Council (VTC) and makes technical changes and corrections to accommodate the new Secretariat and the new DTP and the abolishment of CIM and VTC. The bill also contains technical amendments to the various listings of boards, commissions, and councils in Titles 2.1 and 9 that have changed names or been repealed in previous legislative sessions. HB 1727; CH. 412/HB 2188; CH. 433/SB 808; CH. 421.

§§ 2.1-1.1, 2.1-1.3, 2.1-1.5, 2.1-51.15, 2.1-116, 2.1-122, 2.1-373.13, 2.1-703.1, and 2.1-762.

See § 37.1-1; SB 1224.

§ 2.1-1.5.

See § 10.1-202; HB 1747/SB 1304.

§§ 2.1-1.5, 2.1-116, 2.1-342, and 2.1-344.

See § 23-9.4; HB 2339.

§ 2.1-1.5. See § 10.1-2402; HB 2490.

§ 2.1-1.5. See § 9-380; HB 2635/SB 1165.

§ 2.1-1.6. See § 51.1-1200; HB 1735/HB 2023.

§§ 2.1-1.6 and 2.1-20.4.

See § 54.1-2900; HB 2367/HB 2547/SB 1191.

§§ 2.1-1.6 and 2.1-20.4.

See § 54.1-202; SB 926.

§§ 2.1-1.7 and 2.1-51.21.

See § 9-6.23; HB 2558/SB 1257.

§ 2.1-7.4.

See § 1-13.32; SB 819.

§ 2.1-20.01:1 amended. Authority of department directors. Requires specified department directors in state government to appoint an agency information officer (AIO) from among the department's employees. The AIO would have two specific duties: (i) to ensure the coordinated planning, practical acquisition, effective development, and efficient use of information technology resources and communications services to meet the department's needs and (ii) to serve as the department's liaison to the Office of the Secretary of Technology. The bill is a recommendation of the Joint Commission on Technology and Science. HB 1670; CH. 70/SB 1095; CH. 892.

§ 2.1-20.1.

See § 38.2-3407.10; HB 871.

§ 2.1-20.1.

See § 38.2-3407.10; SB 1235.

§ 2.1-20.1.

See § 38.2-3412.1; SB 430.

§ 2.1-20.1.

See § 38.2-3418.1:2; HB 2354.

§ 2.1-20.1:06 added. Department of Personnel and Training; state health insurance plan. Provides that part-time state employees shall be entitled to purchase health insurance coverage through a health insurance plan administered by the Department of Personnel and Training. The health insurance coverage automatically terminates upon the occurrence of (i) the applicant's death, (ii) alternate health insurance coverage being obtained by the applicant, (iii) the applicant's separation from state services, or (iv) any applicable condition outlined in the policies and procedures of the Department governing its administration of health insurance plans. The plan for part-time employees may differ from the other plans for state employees and the state shall not contribute to the cost of the premium. To be eligible, part-time employees must work 20 or more hours per week for at least six months. SB 728; CH. 758.

§§ 2.1-20.1:2 and 2.1-20.1:3 amended.

Health insurance credits; retired state employees and teachers. Increases the health insurance credit for retired state employees and teachers. The amount of each monthly health insurance credit payable under these sections shall increase from $2.50 to $4.00 per month for state employees and from $1.50 to $2.50 per month for teachers for each full year of the retired member's creditable service, not to exceed a maximum monthly credit of $120 for state employees and $75 for teachers. HB 1844; CH. 832.

§§ 2.1-20.1:2, 2.1-20.1:3, and 51.1-600 amended; §§ 2.1-20.1:5 and 51.1-606 added.

Retired state employees, and teachers health insurance credit; health insurance program; deferred compensation program. Allows former state employees and teachers with at least 15 years of creditable service to receive the retiree health insurance credit if, after leaving state service, they worked for a local government which does not elect to provide a retiree health insurance credit. Persons who have been ineligible to receive the credit under the existing law, but would have been eligible if this measure had been in effect, may enroll within 180 days following this measure's effective date to receive the credit prospectively. The measure also allows any former state employee who is receiving VRS annuity payments and participating in the state retiree health benefits program on July 1, 1999, to elect to cease receiving the VRS annuity payments until reapplying for such benefits at a later date and to continue participating in the retiree health insurance program. Technical and clarifying changes are made to the provisions relating to the health insurance credit for state retirees. The bill also authorizes the Virginia Retirement System to establish a plan into which employers can make contributions to deferred compensation accounts. Effective January 1, 2000, the Commonwealth, political subdivisions participating in the VRS-administered deferred compensation plan, and sponsors of a plan established under § 403 (b) of the Internal Revenue Code shall transfer funds to the institution holding investments under the plan. The amounts credited to accounts of participants in the deferred compensation plan shall not exceed, on a semi-monthly basis, the lesser of $50 or 50 percent of the participants contribution, provided the employee is contributing at least $10 per pay period in the plan. HB 1704; CH. 980/HB 1756; CH. 984. (effective-see bill).

§ 2.1-20.1:5 added.

Health insurance credits; local social service employees, constitutional officers and sheriff's deputies. Provides that local social service employees, sheriff's deputies, and constitutional officers shall receive a health insurance credit to their monthly retirement allowance, which shall be applied to reduce the retired member's health insurance premium cost, provided the retiree's employer elects to participate in the credit program. The amount of each monthly health insurance credit payable under this section shall be one dollar for each full year of the retired member's creditable service, not to exceed a maximum monthly credit of $30. HB 1843; CH. 989.

§ 2.1-20.1:5 added.

Supplemental health insurance payments for state retirees. Allows retiring state employees to have the amount of their accrued annual leave and sick leave that would otherwise be paid to them in a lump sum to be credited to a supplemental health insurance credit account. Money in the account will be withdrawn to supplement the existing health insurance credit for retirees, in order to cover the full amount of a retiree's monthly health insurance premium. HB 2397; CH. 385 (effective-see bill).

§ 2.1-27.11 added.

Landscape Architecture Week. Establishes the second full week in April as Landscape Architecture Week in Virginia, in recognition of the many contributions of landscape architecture to the preservation of the physical beauty of the Commonwealth. HB 1449; CH. 164.

§ 2.1-32.1.

See § 23-38.12; HB 2255.

§ 2.1-51.6:5 amended. Governor's Development Opportunity Fund. Provides that the Governor may reduce the minimum number of new jobs required to be created, as a condition for eligibility for assistance from the Governor's Development Opportunity Fund, when the average wage of the new jobs created is at least twice the prevailing wage for that locality or region. The Governor may reduce the number of new jobs required to be created to no less than one-half the number of jobs that would otherwise be required to be created. HB 2381; CH. 787/SB 1247; CH. 816.

§§ 2.1-51.12:1 and 2.1-51.12:2 amended.

Tributary plans; sediments and suspended solids. Adds sediment and suspended solids as pollutants which are to be the subject of tributary plans. Currently, tributary plans are to include provisions to reduce the flow of nutrients into the Chesapeake Bay and its tributaries. This bill would require the plans to include, as is the current requirement with nutrients, specific strategies, goals, commitments and methods of implementation to achieve reductions in sediment and suspended solids from nonpoint sources sufficient to achieve living resource goals, particularly those related to habitat conditions necessary to support submerged aquatic vegetation. HB 2267; CH. 548.

§ 2.1-51.18:3. See § 18.2-251.01; HB 2159/SB 1077

.

§ 2.1-51.39:3 added. Secretary of Commerce and Trade; additional duties. Requires the Secretary of Commerce and Trade to report to the General Assembly biennially summarizing major state programs and policies affecting urban areas and identifying sources of funding for projects in fiscally stressed urban areas. HB 1635; CH. 519.

§ 2.1-64.34:1 added. Capital Access Fund for Disadvantaged Businesses. Creates a permanent, nonreverting fund to be used to provide loan guarantees, loan loss reserves, and interest rate write-downs for economically disadvantaged businesses. The Virginia Small Business Financing Authority and the Director of the Department of Minority Business Enterprise shall jointly develop Fund guidelines. HB 2506; CH. 791/SB 1127; CH. 765.

§ 2.1-68 amended. Secretary of the Commonwealth; information on General Assembly members. Requires the Secretary of the Commonwealth to include information and photographs of members of the General Assembly in the Secretary's annual report to the Governor, and requires the Clerks of the House of Delegates and Senate to maintain these materials for the Secretary's use in the annual report. There are also technical amendments. HB 1905; CH. 51.

§§ 2.1-114.5 and 2.1-804 amended.

Powers and duties of the Department of Personnel and Training (DPT); acceptable Internet use policy for state employees. On and after December 1, 1999, requires DPT to establish an acceptable Internet use policy (AIUP) for state employees as part of its existing statutory duty to develop state personnel policies. The AIUP is required to (i) prohibit use of the state's computers and communications services for sending, receiving, viewing, or downloading illegal material and (ii) establish strict disciplinary measures for violations thereof. Agency heads may supplement the Department's AIUP as they deem appropriate. The bill also amends the Restrictions on State Employee Access to Information Infrastructure Act by including the term "lasciviousness" within the definition of "sexually explicit." In a second enactment clause, heads of state agencies whose officers and employees are exempt from the Virginia Personnel Act are required to adopt the Department's AIUP for their employees. The bill is a recommendation of the Joint Commission on Technology and Science. HB 2343; CH. 384.

§ 2.1-116. See § 37.1-42.2; SB 1055.

§§ 2.1-116.05, 2.1-340.1, 2.1-341, 2.1-341.1, 2.1-342, 2.1-343, 2.1-343.1, 2.1-343.2, 2.1-344, 2.1-344.1, 2.1-346, 2.1-346.1, 15.2-1722, 19.2-368.3, 23-50.16:32, 32.1-283.1, 52-8.3 and 54.1-2517 amended; §§ 2.1-341.2, 2.1-342.01, and 2.1-342.2 added; §§ 2.1-342.1 and 2.1-345 repealed. Freedom of Information. Rewrites the Freedom of Information Act as follows: (i) clarifies the definitions of "public body" and "public records"; (ii) adds a requirement that public officials read and familiarize themselves with FOIA; (iii) clarifies the procedure to be used by public bodies in responding to FOIA requests; (iv) clarifies what charges may be assessed by a public body for supplying requested records; (v) clarifies that public records maintained by a public body in an electronic data processing system or database shall be made available to a requester at reasonable cost; (vi) clarifies that excision of exempt fields of information from a database or conversion of data from one available format to another is not the creation of a new public record; (vii) creates a new section within FOIA to deal exclusively with the release of criminal records; (viii) clarifies the scholastic records exemption; (ix) narrows the working papers exemption for the Governor, Lieutenant Governor, Attorney General, members of the General Assembly, and other high-ranking government officials by defining (a) "working papers" as those records prepared by or for named public officials for their personal or deliberative use and (b) "Office of the Governor" as the Governor, his chief of staff, counsel, director of policy, cabinet secretaries, director of the Virginia Liaison Office, and those individuals to whom the Governor has delegated his authority in accordance with law, and by providing that no record which is otherwise open to inspection shall be deemed exempt by virtue of the fact that it has been attached to or incorporated within any working paper or correspondence; (x) clarifies the exemptions for legal opinions of local government attorneys and legal memoranda compiled specifically for use in litigation; (xi) combines current exemptions for the Virginia Museum of Fine Arts, the ABC Board, and the Department of Corrections relating to security manuals, surveillance techniques, and architectural/engineering drawings of their facilities, etc., into a single exemption; (xii) adds a requirement that notice of meetings of public bodies be placed in a prominent public location at which notices are regularly posted and in the office of the clerk or chief administrator of the public body, with the use of electronic postings encouraged; (xiii) narrows the real property open-meeting exemption to discussions or considerations of the acquisition (and not the condition or use) of real property; (xiv) clarifies the consultation with legal counsel exemption for open meetings by defining the term "probable litigation"; (xv) clarifies the procedure to be followed by a public body in convening in a closed session; (xvi) provides that, in a FOIA enforcement action in general district court, a corporate petitioner may appear through its officer, director or managing agent without the assistance of counsel; (xvii) provides that, in a FOIA enforcement action, the public body shall bear the burden of proof to establish an exemption by a preponderance of the evidence; and (xviii) increases the penalties for FOIA violations from a minimum of $25 to $100, and for a subsequent violation, from a minimum of $250 to $500 and increases the maximum penalty for a subsequent violation from $1,000 to $2,500. The bill contain numerous technical amendments. HB 1985; CH. 726/SB 1023; CH. 703.

§ 2.1-116.07 amended.

State grievance procedure; decisions of hearing officers. Provides that in grievances arising out of the Department of Mental Health, Mental Retardation and Substance Abuse Services which challenge allegations of patient abuse, the Director of the Department of Employee Relations Counselors shall determine whether the decision is consistent with law. SB 1302; CH. 713.

§ 2.1-118 amended.

Opinions of the Attorney General. Adds city and town attorneys to those persons authorized to request an official opinion from the Attorney General. County attorneys are already so authorized. HB 1645; CH. 14.

§ 2.1-328. See § 26-39; HB 841.

§§ 2.1-342 and 2.1-344. See § 58.1-322; HB 1600/SB 919.

§§ 2.1-342 and 2.1-344. See § 32.1-283.2; HB 2128.

§§ 2.1-342 and 2.1-344. See § 32.1-283.2; HB 2185/SB 1035.

§ 2.1-342. See § 3.1-611; HB 2566.

§ 2.1-342 amended. Freedom of Information Act; procedure for responding to requests for records. Allows public bodies, when responding to request for information, to post requested records on a website or to deliver the records through an electronic mail address provided by the requester. HB 2638; CH. 438.

§ 2.1-342 amended; §§ 2.1-548.53 through 2.1-548.68 added; §§ 2.1-548.29:01, 2.1-548.29:02, and 2.1-548.29:03 repealed.

Virginia Tourism Authority Act. Creates the Virginia Tourism Authority to, among other things, issue periodicals and carry and charge for advertising therein; raise money in the corporate, nonprofit, and nonstate communities to finance the Authority's activities; support and encourage each locality to foster its own tourism development programs; enter into agreements with public or private entities that provide participating funding to establish and operate tourism centers, funded jointly by the entity and the authority, as shall be determined by the Executive Director, and as approved by the Authority; encourage, stimulate, and support tourism in the Commonwealth by promoting, marketing, and advertising the Commonwealth's many tourist attractions and locations; encourage, stimulate and support the film industry in the Commonwealth; and do all things necessary or proper to administrate and manage the Governor's Motion Picture Opportunity Fund. All rights of the Authority shall be exercised by a board of directors consisting of the Secretary of Commerce and Trade, the Secretary of Finance, and 11 members appointed by the Governor, subject to confirmation by the General Assembly. The bill also provides for the Governor to appoint the Executive Director of the Authority, who shall serve as the President and chief executive officer of the Authority. The Executive Director shall report to, but not be a member of, the Board of Directors. Under the bill, the Authority is granted an exemption from the Public Procurement and Personnel Act, as well as being exempt from taxation. The newly created Authority will perform the tourism functions currently exercised by the Virginia Economic Development Partnership Authority. HB 2702; CH. 881/SB 1142; CH. 852.

§ 2.1-343 amended.

Virginia Freedom of Information Act; notice of public meetings. Permits public bodies to employ methods of electronic notice of meetings in lieu of, or in addition to, U.S. mail notification (e.g., posting on website, electronic mail notification, and list service). The bill is a recommendation of the Joint Commission on Technology and Science. SB 806; CH. 696.

§§ 2.1-373, 11-45 and 57-60 amended.

Department for the Aging; duties; exemption from the Public Procurement Act. Provides for the Department for the Aging to contract for the administration of the ombudsman program with (i) a not-for-profit Virginia corporation with statewide experience in conducting a state long-term care ombudsman program granted tax-exempt status under §501 (c) (3) of the Internal Revenue Code or (ii) designated area agencies on aging. The bill also authorizes the Department to contract with such entity or entities, without competitive sealed bidding or competitive negotiation (an exemption to the Public Procurement Act), to administer elder rights programs under Public Law 89-73. The bill contains technical amendments. HB 2632; CH. 1021.

§ 2.1-373 amended.

Department for the Aging; powers and duties. Adds to the mission of the Department, the responsibility of assisting state, local and nonprofit agencies in identifying opportunities to improve services to the elderly. SB 1265; CH. 712.

§ 2.1-379 amended. Privacy Protection Act; definitions. Clarifies that the definition of "information system" includes information collected or managed by means of the Internet. HB 2152; CH. 41.

§ 2.1-440.1 amended.

Division of Purchases and Supply; procurement of computers and related peripheral equipment. Provides that blanket purchasing agreements for computers and related peripheral equipment emphasize performance criteria, including price, quality, and delivery, without regard to brand name. HB 2564; CH. 436.

§ 2.1-447.1 added.

State purchasing contracts; charitable corporations. Allows the Division of Purchases and Supply to permit § 501 (c) (3) corporations which operate to provide primary health care services to indigent and uninsured persons to purchase directly from contracts established for state agencies and public bodies if they meet certain criteria. This is a recommendation of the Joint Commission on Health Care. HB 2229; CH. 784.

§ 2.1-457.2 amended.

Commonwealth's surplus motor vehicles; welfare reform. Permits sale of the Commonwealth's surplus motor vehicles, prior to a public sale or auction, to local social service departments for resale at cost to TANF recipients. This would help the individuals achieve self-sufficiency and continued employment. HB 1987; CH. 911/SB 971; CH. 629.

§ 2.1-457.2 amended.

Volunteer rescue squads and fire departments; participation in public auctions of surplus materials. Permits sale of the Commonwealth's surplus materials prior to a public sale or auction to any volunteer rescue squad or volunteer fire department established prior to July 1, 1984, or after July 1, 1984, as approved by the governing body of the locality. SB 1109; CH. 578.

§ 2.1-457.2 amended.

Department of General Services; disposition of surplus materials. Provides for the Department of General Services to establish procedures for permitting surplus tangible property to be sold by departments, divisions, institutions, and agencies of the Commonwealth to Virginia charitable corporations granted tax-exempt status under § 501 (c) (3) of the Internal Revenue Code and operating as clinics for the indigent and uninsured, and organized for the delivery of primary health care services (i) as federally qualified health centers or (ii) at a reduced or sliding fee scale or without charge. SB 1111; CH. 159.

§ 2.1-548.29. See § 23-38.19:3. HB 2189.

§§ 2.1-548.43:1 through 2.1-548.43:6 added. Economic development; Virginia Investment Partnership Act. Establishes two grant programs to be paid, subject to appropriation, from the Virginia Investment Partnership Grant Fund. One program provides for a grant of $25 million to an eligible Virginia manufacturer who makes an investment of $100 million that results in the creation of at least 1,000 new permanent, full-time jobs. The terms of the grant are to be set forth in a memorandum of agreement, subject to review by the House Appropriations and Senate Finance Committees. The grant will be payable over a period of five to seven years, beginning the sixth year after the investment is complete and verified. The second program provides grants for existing Virginia manufacturers making a capital investment of at least $25 million but who do not qualify for the first grant program. The amount of the grant an eligible manufacturer may receive will be determined by the Secretary of Commerce and Trade, based on recommendations of the Virginia Economic Development Partnership and approved by the Governor. The grant amount determination will be made by applying guidelines, to be reviewed by the chairmen of the House Appropriations and Senate Finance Committees, that take into account the number of new jobs created, their wages, the amount of the investment, the net present value of benefits to Virginia, and other factors. The amount of a grant any eligible manufacturer is eligible for shall not exceed $3 million or 10 percent of the amount appropriated to the program's subfund. No more than $6 million in grants shall be approved in any year. An overall cap of $30 million in grant awards outstanding at any time is established. These grants will be payable, subject to appropriation, over five years beginning in the sixth year after the investment is completed and verified. HB 2460; CH. 875/SB 1143; CH. 961.

§ 2.1-738 amended.

Department of Veterans' Affairs; hiring preference for veterans. Clarifies that the Director of the Department of Veterans' Affairs shall give a preference to veterans in hiring personnel for the Department in accordance with existing law. HB 2245; CH. 342.

§§ 2.1-746, 2.1-751, 2.1-752, 2.1-754, 2.1-755, 2.1-757, 2.1-758 and 16.1-286 amended.

Comprehensive services act. Adds oversight responsibilities to the State Executive Council for the Comprehensive Services Act (CSA) for At-Risk Youth and Families, to improve review of services provided to children under the Act. The Council would be responsible for overseeing implementation of a uniform assessment instrument, development of case management standards, and adoption of other quality assurance measures. Localities would be required to use multi-disciplinary teams in developing treatment plans, except for routine foster care cases. The CSA executive council would also be granted authority to withhold funding to local management teams that did not comply with the Act. HB 2075; CH. 669.

§§ 2.1-751 and 2.1-753 amended.

Comprehensive services; membership requirements. Allows parents who are employed by public or private programs which receive funds from the CSA or agencies represented on a community and policy management team to be parent representatives on community policy and management teams and family assessment and planning teams, provided that they do not interact directly on a regular basis with the children. Notwithstanding this restriction, foster parents may serve as parent representatives. Current law prohibits parents employed by these entities from being parent representatives. SB 1241; CH. 644.

§ 2.1-760 amended; § 2.1-768.1 added.

Early intervention services. Clarifies that early intervention services provided to infants and toddlers with disabilities in accordance with Part C of the Individuals with Disabilities Education Act are not home health services, and thus the organizations providing those services are not required to be licensed as home care organizations. HB 2569; CH. 684/SB 1196; CH. 640.

§§ 2.1-807 through 2.1-811 added.

Information technology access by individuals who are blind or visually impaired. Creates the Information Technology Access Act to secure the benefits of access to information technology for individuals who are blind or visually impaired through the procurement of such technology in accordance with standards for equivalent access by both visual and nonvisual means. HB 1115; CH. 773/SB1327; CH. 769.