TITLE 2.2. ADMINISTRATION OF GOVERNMENT.

§§ 2.2-106, 2.2-225, 2.2-1110, 2.2-1119, 2.2-2261, 2.2-2423, 2.2-2431, 2.2-2651, 2.2-3704, 2.2-3708, 2.2-4304, 17.1-279, 42.1-80, 53.1-52, 56-484.12, 56-484.13, and 56-484.15 amended; §§ 2.2-2000 through 2.2-2027, 2.2-2452, and 2.2-2453 added; §§ 2.2-226, 2.2-226.1, 2.2-227 2.2-1300 through 2.2-1304, 2.2-1700 through 2.2-1710, and 2.2-2247 through 2.2-2259 repealed.
Information Technology Investment Board; Virginia Information Technologies Agency; Chief Information Officer. Establishes the Information Technology Investment Board to oversee the Virginia Information Technologies Agency (VITA) in the planning, budgeting, acquiring, managing, and disposing of major information technology projects in the State. Under the bill the Board will hire a Chief Information Officer (CIO) of the State to serve as its chief administrative officer to oversee the day-to-day operations of VITA. The bill (i) abolishes the Department of Information Technology, the Department of Technology Planning, the Virginia Information Providers Network Authority, and the Chief Information Officer Advisory Board; (ii) establishes the Division of Project Management within VITA to assist the CIO in the development and implementation of a project management methodology to be used in the planning and development of information technology projects; (iii) establishes a project planning, development and approval process for major information technology projects; (iv) authorizes the Virginia Public Building Authority to issue debt to finance major information technology projects; and (iv) provides for the consolidation of the procurement and operational functions of information technology for state agencies. The bill also provides an implementation schedule for the consolidation of operational functions, including but not limited to, servers and networks, for state agencies into VITA. In addition, the bill directs the Chief Information Officer to review all information technology projects regardless of whether the project is purchased by contract, agreement, or some other financing agreement or such other agreement that requires that the Commonwealth either pay for the contract by foregoing revenue collections, or allows or assigns to another party the collection on behalf of or for the Commonwealth any fees, charges, or other assessments or revenues to pay for the project. HB 1926; CH. 981/SB 1247; CH 1021.

§ 2.2-107. See § 23-9.3; HB 2678.

§ 2.2-113 amended.
State mandates on local governments. Provides that notwithstanding any application by a locality and without a determination of fiscal stress, during the fiscal year beginning July 1, 2003, and ending January 1, 2004, the Governor may suspend for good cause as determined by him any local mandate that results from a regulation promulgated by an executive branch agency. In determining good cause, the Governor may consider relieving local fiscal stress, reducing unnecessary burdens to local governments, eliminating duplicative or unneeded reporting requirements, and other factors as may seem appropriate. SB 1212; CH. 169.

§ 2.2-126 amended.
Governor; disposition of official correspondence and other records. Attempts to tighten the provision that requires the Governor to deliver to The Library of Virginia all correspondence and other records of his office during his term. As to correspondence or other records of a strictly personal or private nature, the Governor must consult with the Librarian of Virginia before deciding which records are not required to go to The Library of Virginia. HB 1686; CH. 590.

§§ 2.2-203, 2.2-2101, 23-7.4:1, 58.1-609.1, and 58.1-3506 amended; §§ 2.2-2000 through 2.2-2004, 2.2-2452, 2.2-2453, 2.2-2454, 2.2-2681, 2.2-2682, and 2.2-2715 through 2.2-2719 added; §§ 2.2-1900 through 2.2-1905, 2.2-2421, 2.2-2422, and 2.2-2435 through 2.2-2439 repealed.
Department of Veterans Services. Consolidates veterans benefit claims support and veterans care center and cemetery services into the newly created Department of Veterans Services, headed by the Commissioner of Veterans Services. The bill also establishes the Veterans Service Board to advise and make recommendations to the Commissioner regarding future projects for the benefit of the State's veterans and to establish policies coordinating the delivery of veterans services. In addition, the bill establishes the Veterans Services Foundation to administer the Veterans Services Fund and the Joint Leadership Council of Veterans Service Organizations. The bill abolishes the Department of Veterans' Affairs, the Virginia Veterans Care Center Board of Trustees, the Board on Veterans' Affairs and the Virginia Veterans Cemetery Board. HB 1774; CH. 657/SB 1092; CH. 670.

§ 2.2-203. See § 15.2-2901; HB 1967.

§§ 2.2-203, 2.2-904, 2.2-905, 2.2-2452, 2.2-2453, and 2.2-3705. See § 18.2-340.15; SB 1278.

§ 2.2-208 amended; §§ 2.2-2652, 2.2-2653, and 2.2-2654 repealed.
Virginia Advisory Council for Adult Education and Literacy. Abolishes the Virginia Advisory Council for Adult Education and Literacy. The Council recommends an integrated and coordinated multiagency approach for the delivery of quality adult education and literacy programs, services, and philosophies. The executive director position to the Council has been eliminated as a state position and the Council has met infrequently in recent years. The Board of Education has established the Subcommittee on Adult Education and Literacy which can fulfill the mission of the Council and have a greater local impact. This bill is a recommendation of the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). SB 804; CH. 452.

§ 2.2-213.1 added.
Secretary of Health and Human Resources; adoption awareness campaign. Requires the Secretary of Health and Human Resources to conduct an adoption awareness campaign to expand the public's awareness of the benefits of adoption and to promote adoption as a positive alternative to abortion. The campaign shall include the dissemination to the public of information about the number of children in the Commonwealth who need permanent families and the experiences of adoptive families. The provisions of the bill are contingent upon an appropriation being included in the 2003 Appropriation Act to effectuate the purposes of the bill. HB 1844; CH. 491.

§ 2.2-214.1. See § 32.1-23.1; HB 2225/SB 1341.

§§ 2.2-226 and 2.2-1508 amended.
Review and approval of certain information technology projects. Directs the Secretary of Technology to review all information technology projects regardless of whether the project is purchased by contract, agreement or some other financing agreement or such other arrangement that requires that the Commonwealth either pay for the contract by foregoing revenue collections, or allows or assigns to another party the collection on behalf of or for the Commonwealth any fees, charges, or other assessments or revenues to pay for the project. Requires approval by the Secretary of Technology for procurements in excess of $1 million. Finally, requires the information provided by the Governor with the Budget Bill to include a schedule and description of all capital outlay, data processing, or other projects in which the Commonwealth has entered into or plans to enter into a contract, agreement or other financing agreement. HB 1575; CH. 888.

§ 2.2-406.1 added.
Administration; records on gubernatorial appointees. Requires the Secretary of the Commonwealth to maintain and transfer to the Governor-elect certain records on collegial bodies and their members. The Secretary is required to keep records regarding contact information on the chairman, vice chairman and other current appointees and the staff to the collegial body. The database shall also list statutory provisions on terms and eligibility criteria. HB 1784; CH. 556/SB 751; CH. 532.

§ 2.2-511. See § 19.2-11.01; SB 1003.

§§ 2.2-718, 2.2-719, and 2.2-720 added; §§ 2.2-710 and 37.1-62.1 repealed.
Alzheimer's and Related Diseases. Moves the staff responsibility for the Alzheimer's Disease and Related Disorders Commission (Commission) from the Department of Mental Health, Mental Retardation and Substance Abuse Services to the Department for the Aging (the "Department"). The Commission is reconstituted with an additional member bringing the number to 15 and providing for both gubernatorial and legislative appointees. Its expanded duties include developing a plan for meeting the needs of patients with Alzheimer's disease and related disorders and their caregivers, submitting an annual report to the Governor and General Assembly and making application for and expending grants, gifts or bequests. The bill charges the Department with providing referrals that link families caring for persons with Alzheimer's disease and related disorders with Virginia's chapters of the Alzheimer's Disease and Related Disorders Association. The Department also must provide information, counseling and referral about services and programs that may support individuals and families dealing with Alzheimer's disease and related disorders. Finally, the bill moves the existing Alzheimer's and Related Diseases Research Award Fund to this newly created article. HB 2519; CH. 766/ SB 969; CH. 749

§ 2.2-803.1 added.
Processing of payroll and other transactions of institutions of higher education. Delegates to certain publicly supported institutions of higher education the authority to process payroll and nonpayroll disbursements, receipts, and expenditures. This authority is currently delegated from the Department of Accounts to certain institutions of higher education pursuant to the Appropriation Act, beginning in 1994. The bill codifies a pilot program that was first created in the 1994 budget bill. SB 963; CH. 457.

§ 2.2-813.1 added.
Virginia Truth in Revenue Service Report Act. Requires the Comptroller to post on the website for the Department of Accounts the following: (i) no later than October 1 of each year, the total amount of each revenue service collected by the Commonwealth for the most recent six-month period ending June 30, and (ii) no later than April 1 of each year, the total amount of each revenue service collected by the Commonwealth for the most recent six-month period ending December 30. The Comptroller shall include in the information posted any Auditor of Public Accounts control findings that the amount of any such revenue service that was used for any purpose other than the purpose originally established in law for such revenue source. HB 1393; CH. 174.

§ 2.2-904 added.
Department of Business Assistance; Workforce Retraining Program and Fund. Provides for the Department of Business Assistance to develop a Workforce Retraining Program to provide consulting services and funding to companies and businesses to assist in retraining their existing workforces. To be eligible for funding under the program, a company must meet certain requirements and demonstrate that it is undergoing (i) integration of new technology into its production process, (ii) a change of product line in keeping with marketplace demands, or (iii) substantial change to its service delivery process, which would require assimilation of new skills and technological capabilities by the firm's existing labor force. The bill also creates the Workforce Retraining Fund. SB 695; CH. 338.

§ 2.2-1105 amended.
Division of Consolidated Laboratory Services; environmental laboratory certification program. Authorizes the Director of the Division of Consolidated Laboratory Services to provide variances to environmental labs if (i) the proposed variance will meet the goals and purposes of the provisions of this section or regulation promulgated under this section, and (ii) the variance does not conflict with federal or state law or regulations. The provisions of this bill will become effective on July 1, 2004. SB 1275; CH. 580.

§ 2.2-1111 amended.
Procurement by the Department of Transportation; lighting systems. Provides that for projects initiated on or after July 1, 2003, the Virginia Department of Transportation shall design all lighting systems in accordance with current Illuminating Engineering Society of North America standards and recommended practices. The lighting system shall utilize fixtures that minimize glare, light trespass, and skyglow while still providing a comfortable, visually effective, safe, and secure outdoor environment in a cost-effective manner over the life cycle of the lighting system. SB 1351; CH. 294.
§§ 2.2-1119, 2.2-1303, 2.2-4304, and 53.1-52 amended. Procurement of information technology; reverse auctioning. Amends provisions related to information technology procurement. The bill removes the requirement that the Department of Information Technology (DIT) follow the Administrative Process Act (APA) when promulgating and adopting regulations governing the procurement of telecommunications and information technology and restores the exemption from the APA for "the award or denial of state contracts, as well as decisions regarding compliance therewith" (See § 2.2-4002(B)(2)). The bill amends § 2.2-1119, governing cases in which purchasing through the Division of Purchases and Supply is not mandatory, § 2.2-4304, governing cooperative procurement agreements, and § 53.1-52, governing purchases by state correctional facilities, to reflect the requirement in § 2.2-1303 that purchases of telecommunications and information technology be made through DIT. This bill does not affect any current delegation of authority either by DIT or to institutions of higher education through the 2002-2004 Appropriations Act (this second provision reiterates the second enactment of House Bill 519 from the 2002 Session). The bill also repeals the sunset of July 1, 2003, for reverse auctioning, making it a permanent method of procurement. The original version of this bill is a recommendation of the Joint Commission on Technology and Science. HB 1927; CH. 895.

§ 2.2-1120 amended.
Department of General Services, Division of Purchases and Supply; direct purchases. Allows organizations providing transportation services in the Commonwealth and receiving funding from the Federal Transit Administration or the Commonwealth Transportation Board to purchase directly from state contracts established by the Division of Purchases and Supply. The bill also provides for the Department of Rail and Public Transportation to assist the Division in maintaining a list of organizations that would be authorized to make such purchases. SB 1044; CH. 225.

§ 2.2-1151.1 added.
Virginia Department of Transportation; conveyance of right-of-way usage. Provides that no land use permit will be issued by the Department of Transportation to any company other than a public service company or a company owning or operating an interstate natural gas pipeline or a franchised cable television systems operator unless the company has (i) registered as an operator with the appropriate notification center and (ii) notified the commercial and residential developer, owner of commercial or multifamily real estate, or local government entities with a property interest in any parcel of land located adjacent to the property over which the land use is being requested, that application for the permit has been made. HB 2563; CH. 330.

§ 2.2-1161.1. See § 52-34.1; HB 1832/SB 1204.

§ 2.2-1201 amended.
Department of Human Resource Management; duties. Requires the Department of Human Resource Management to submit a report to the members of the General Assembly on or before September 30 of each year showing the total number of full and part-time classified and contract state employees. HB 1413; CH. 685.

§ 2.2-1201 amended; § 2.2-2903.1 added.
Use of accrued annual leave for military service. Requires the Department of Human Resource Management to develop personnel policies that permit any full-time state employee who is also a member of the organized reserve forces to carry forward from year to year his accrued annual leave time without regard to the regulation or policy of his agency regarding the maximum number of hours allowed to be carried forward. Any leave time over the usual amount allowed to be carried forward shall be reserved for use only as leave taken pursuant to active military service. Any leave carried forward remaining upon termination of employment shall not be paid or credited in any way to the employee. HB 1916; CH. 789.

§ 19.2-389 amended; § 2.2-1201.1 added.
Department of Human Resource Management; criminal background checks for sensitive positions. Requires the Department of Human Resource Management to develop a statewide policy for designating sensitive positions within each state agency. Such sensitive positions shall include positions generally described as directly responsible for the health, safety and welfare of the general populace or protection of critical infrastructures. Final candidates for employment in a position that has been designated as sensitive shall be required, as a condition of employment, to submit to a criminal background check, submit to fingerprinting and provide personal descriptive information, all of which will be forwarded through the Central Criminal Records Exchange to the Federal Bureau of Investigation. SB 1012; CH. 731.

§ 2.2-1303 amended.
Department of Information Technology; contracts for personal computers. Authorizes the Department of Information Technology to establish contracts for the purchase of personal computers and related devices by public school teachers for use outside the classroom, provided that no more than one such computer and related device per year shall be so purchased. HB 1761; CH. 352.

§ 2.2-1405 amended.
Department of Minority Business Enterprise; reports. Requires the Director of the Department of Minority Business Enterprise to report each year to the Governor and the General Assembly on the state departments and agencies failing to submit annual progress reports on minority business procurement required by § 2.2-4310. HB 2470; CH. 435.
§§ 2.2-1501, 2.2-1509, 2.2-1511, and 2.2-2101 amended; §§ 2.2-2681 through 2.2-2687, 2.2-5510, and 2.2-5511 added. Administration of government; long-term planning; Roadmap for Virginia's Future. Establishes long-term results-based planning for state government through the implementation of the "Roadmap for Virginia's Future" process that includes: (i) developing a set of guiding principles that are reflective of public sentiment and relevant to critical decision-making, (ii) establishing a long-term vision for the Commonwealth, (iii) conducting a situation analyses of core state service categories, (iv) setting long-term objectives for state services, (v) aligning state services to the long-term objectives, (vi) instituting a planning and performance management system consisting of strategic planning, performance measurement, program evaluation, and performance budgeting, and (vii) performing plan adjustments based on public input and evaluation of the results of the Roadmap. The bill also establishes the Council on Virginia's Future to advise the Governor and the General Assembly on the implementation of the Roadmap for Virginia's Future process and repeals the Performance Management Advisory Committee. In addition, the bill establishes the Government Performance and Results Act which requires each state agency to develop a strategic plan and provides for the Governor to develop an implementation plan for each agency. The bill contains a sunset provision of July 1, 2008. HB 2097; CH. 900.

§ 2.2-1503 amended.
Governor; six-year plan review; advisory board of economists. Specifies the inclusion of transportation funds in the six-year revenue plan by the Governor. The bill also sets the number and qualifications of the members of the Advisory Board of Economists. HB 2571; CH. 612.

§ 2.2-1503.3 added.
Governor; reestimate of general fund revenues. Provides for the Governor to submit a reestimate of general fund revenues when the preliminary close of a given fiscal year indicates that the total of individual income, corporate income, and sales taxes collected is 1.0 percent or more below the estimated total amount of such taxes included in the budget estimate for that fiscal year. HB 2059; CH. 14.

§ 2.2-1508 amended.
Taxpayer's Budget Bill of Rights. Provides that the Executive Budget and the Budget Bill be set forth in a format and use language that is easily understood by the citizens of the Commonwealth. The bill also requires the Executive Budget and the Budget Bill include specific outcomes, functions, and goals that are related to expenditures and provisions for additional public access to information contained in the Executive Budget and the Budget Bill. HB 1838; CH. 190.

§ 2.2-1509.2 added.
Budget Bill; money diverted from Transportation Trust Fund and Highway Maintenance and Operating Fund. Provides that the Budget Bill submitted to the General Assembly must include the repayment, within three years, of any money that such Budget Bill proposes to be diverted from the Transportation Trust Fund or the Highway Maintenance and Operating Fund and used for other purposes. If the Governor proposes to use moneys in these funds for other than transportation purposes, he shall include in the corresponding Budget Bill a plan for repayment of any moneys diverted within three years of such use. If such diversion of moneys in these funds is proposed by the General Assembly as an amendment to the Budget Bill, such amendment shall include language providing a plan for repayment of such moneys within three years of such use. HB 1600; CH. 970.

§ 2.2-1829 amended.
Budget Bill; additional funds in the Revenue Stabilization Fund. Requires the Governor to include in his annual Budget Bill certain additional deposits to the Revenue Stabilization Fund under certain conditions. HB 1872; CH. 755/ SB 960; CH. 759.

§ 2.2-1837 amended.
Division of Risk Management. Obliges the Division to provide for the payment of attorney's fees and expenses awarded to any individual or entity against the Commonwealth for acts or omissions of any nature while acting in an authorized governmental or proprietary capacity, or in reliance upon any constitutional provision, law, or sanctioned practice of the Commonwealth. The bill specifies that, as a condition of coverage, the state entity must (i) promptly inform the Division when a claim has been initiated, (ii) provide the Division with nonprivileged information on the matter, and (iii) permit the Division to participate in the investigation. SB 1027; CH. 828.

§ 2.2-1839 amended.
Department of Treasury; risk management plan; inclusion of free clinics. Makes free clinics eligible for participation in the State's risk management plan. HB 2135; CH. 49/ SB 962; CH. 23.

§ 2.2-2101. See § 53.1-10; HB 2427/SB 764.

§ 2.2-2101 amended; §§ 2.2-2642 and 2.2-2643 repealed.
Maternal and Child Health Council. Abolishes the Maternal and Child Health Council. The Council was established in 1992 to improve the health of the Commonwealth's mothers and children by promoting and improving programs and service delivery systems related to maternal and child health. The State Department of Health, the Department of Education and the Virginia Alliance of School Health currently address maternal and child health services, including perinatal, school health and teen pregnancy and represent a broad spectrum of public, private and academic input. This bill is a recommendation of the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Board, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). SB 802; CH. 451.

§§ 2.2-2279, 2.2-2285, 2.2-2287, 2.2-2292, 2.2-2294, and 2.2-2295 amended.
Small Business Financing Authority; not-for-profit entities. Allows the Small Business Financing Authority the ability to be the statewide conduit issuer of private activity bonds to a 501 (c) (3) entity operating in Virginia. The bill also amends the definitions of "eligible small business" and "small business enterprise." The bill contains technical amendments. SB 838; CH. 339.

§ 2.2-2286. See § 25.1-100; SB 1007.

§ 2.2-2444 amended. Herbert H. Bateman Advanced Shipbuilding and Carrier Integration Center. Provides that operations grants for activities of the Herbert H. Bateman Advanced Shipbuilding and Carrier Integration Center may be awarded up through June 30, 2008. Current law provides that such grants may be awarded up through June 30, 2006. HB 2742; CH. 366.

§§ 2.2-2500, 2.2-2501, and 2.2-2502 repealed.
Southside Virginia Business and Education Commission. Abolishes the Southside Virginia Business and Education Commission. The Commission was established in 1991 to enhance the economic development of the Southside region for the benefit of all citizens of the Commonwealth. In 2002, the Council lost all its funding and staff. This bill is a recommendation of the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). HB 1628; CH. 349.

§ 2.2-2515 amended; § 2.2-2233.1 added.
Commonwealth Technology Research Fund continued. Continues the Commonwealth Technology Research Fund originally established by subdivision J 1 of Item 548 of the 2000 Appropriation Act to help Virginia's institutions of higher education attract public and private research funding. The bill changes the agency responsible for the Fund from the Department of Planning and Budget to the Innovative Technology Authority, and expands it to include awards to help Virginia's institutions of higher education enhance their capabilities to commercialize resulting intellectual properties. The bill also requires the Authority to submit an annual report to the Governor and the Chairmen of the House Appropriations and Senate Finance Committees with detailed information on the awards committed and an evaluation of the Fund. HB 2284; CH. 362.

§§ 2.2-2603 and 2.2-2604 repealed.
Blue Ridge Economic Development Advisory Council. Abolishes the Blue Ridge Economic Development Advisory Council. The Council was established to enhance the economic development in the Blue Ridge region of the Commonwealth by assisting in the development of marketing initiatives, establishment of a pilot export program, and identification and implementation of affordable child-care options. The Council does not currently receive funding and has never been constituted. This bill is a recommendation of the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). HB 1511; CH. 348.

§§ 2.2-2605 through 2.2-2608 repealed.
Blue Ridge Regional Education and Training Council. Abolishes the Blue Ridge Regional Education and Training Council. The Council was established in 1992 to provide leadership and coordination for education and business partnership programs and excellence in education in the Blue Ridge region. Funding for the Council and staff have been eliminated. The primary purposes of the Council can be carried out by local Workforce Investment Boards and other entities. This bill is identical to legislation recommended by the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). This bill has a delayed effective date of July 1, 2004. HB 2428; CH. 210.

§§ 2.2-2644 through 2.2-2647. See § 15.2-4217.1; SB 807.

§§ 2.2-2648, 2.2-5202, 2.2-5206, 2.2-5207, and 2.2-5209 amended.
Comprehensive Services Act; family assessment and planning team referral. Clarifies that referrals and reviews of children and families under the Comprehensive Services Act may be done by the family and planning team (FAPT) or a collaborative, multidisciplinary team process approved by the State Executive Council. The bill also states that the department of health representative on the FAPT will serve at the request of the chair of the local community policy and management team. HB 1714; CH. 483.

§ 2.2-2648 amended.
Administration of government; State Executive Council for Comprehensive Services for At-Risk Youth and Families. Designates the Secretary of Health and Human Resources, or a designated deputy, to chair the Executive Council. The chairman is currently elected from among its member representatives. HB 1955; CH. 498.

§ 2.2-2649 amended.
Office of Comprehensive Services for At-Risk Youth and Families; vendor management. Requires the director of the Office of Comprehensive Services for At-Risk Youth and Families, in order to provide support and assistance to the Comprehensive Policy and Management Teams (CPMTs) and Family Assessment and Planning Teams (FAPTs) established pursuant to the Comprehensive Services Act (CSA) to (i) develop and maintain a statewide automated database, with support from the Department of Information Technology or its successor agency, of authorized vendors of CSA services that includes verification of a vendor's licensure status, each CSA service provided by the vendor, and the rate charged by the vendor for each service; (ii) negotiate statewide or regional rates with all vendors that shall be contained in the statewide automated database; (iii) develop, in consultation with the Department of General Services, standardized contracts that CPMTs may use to purchase services; (iv) develop and maintain a web-based CSA information system, with support from the Department of Information Technology or its successor agency, through which CPMTs and vendors report information about CSA clients and services to the Office; (v) develop and implement in collaboration with CPMTs and vendors a reasonable number of critical uniform statewide client outcome and vendor performance measures to be reported, beginning not later than July 1, 2004, by all CPMTs through the web-based CSA information system; and (vi) develop, in collaboration with the CPMTs, FAPTs, and vendors, the data collection tools needed to gather and report client outcome and vendor performance measurement information. HB 1720; CH. 485.

§§ 2.2-2669 and 2.2-2670 amended; § 2.2-2674.1 added.
Virginia Workforce Council; membership; powers and duties. Reduces the membership of the Virginia Workforce Council from 43 to 29, and expands the duties of the Council in its implementation of the Workforce Investment Act (WIA). The Council is required to create procedures, guidelines, performance measures, and directives applicable to local workforce investment boards and the operation of one-stop centers required by the WIA. The bill also requires each local workforce investment board to develop and submit to the Council an annual workforce demand plan for its area based on a survey of local and regional businesses that reflects local employer needs and the availability of trained workers to meet those needs. Finally, the bill lists all programs that shall be mandatory partners in the one-stop centers under the WIA. HB 2075; CH. 642.

§ 2.2-2679. See § 23-9.6:1; HB 2818.

§ 2.2-2705 amended.
Virginia War Memorial Foundation; membership; removal. Provides that trustees of the Virginia War Memorial Foundation who are appointed by the Governor shall serve at the pleasure of the Governor. Currently, the Governor has the authority to remove any trustees regardless of who appoints them. HB 1625; CH. 239.

§ 2.2-2813 amended.
Compensation and expenses of members of collegial bodies. Clarifies that the collegial body or the agency that provides support for the work of the collegial body is ultimately responsible for the payment of the compensation and expenses of the members of the collegial body. The bill also clarifies that any payment by the Clerk of the House or the Clerk of the Senate to his respective members for service on a collegial body will be reimbursed by the collegial body or the supporting agency. HB 1449; CH. 821/SB 706; CH. 814.

§ 2.2-2905 amended.
Virginia Personnel Act; exemption. Exempts employees of the Virginia Tobacco Settlement Foundation from the Virginia Personnel Act. However, the bill provides that such employees shall be treated as state employees for purposes of participation in the Virginia Retirement System, health insurance, and all other employee benefits offered by the Commonwealth to its classified employees. HB 2746; CH. 652.

§§ 2.2-3003 and 2.2-3006 amended.
State grievance procedure. Clarifies that each level of management review shall have the authority to provide the grieving employee with a remedy, subject to the agency head's approval. The bill also provides that the decision of a hearing officer is effective from the later of the date issued or the date of the conclusion of any administrative review and judicial appeal. This bill is in response to a circuit court holding in Horner v. Department of Mental Health, Mental Retardation, and Substance Abuse Services. The bill contains technical amendments. HB 1917; CH. 252.

§§ 2.2-3100, 2.2-3101, 2.2-3105, 2.2-3112, 2.2-3114, 2.2-3115, 2.2-3121, 2.2-3126, and 2.2-4369 amended; § 2.2-3104.2 added.
State and Local Conflict of Interest Act. Amends several provisions of the State and Local Conflict of Interest Act including (i) adding definitions of "parent-subsidiary" and "affiliated business entity" relationships, (ii) providing that an option for ownership of a business or property and an employment contract with a governmental agency may also be a personal interest, (iii) requiring an officer to disclose that a party in a transaction is a client of his firm, (iv) authorizing localities to require their officers, appointees, and employees to disclose all gifts that they receive and to set a dollar limit on gifts that may be accepted, (vi) prohibiting attendance by an officer who has a personal interest in a transaction at any closed meeting where the transaction is discussed, and (v) clarifying that when an attorney for the Commonwealth provides a written opinion to a local government official under the Act, then such opinion is a public record that must be released upon request. The bill is the recommendation of the Joint Subcommittee Studying the State and Local Conflict of Interest Act, HJR 31, (2002). HB 1546; CH. 694.

§ 2.2-3106 amended.
Conflict of interests in contracts for research and development or commercialization of intellectual property. Authorizes the relevant board of visitors of a public institution of higher education in Virginia or the Eastern Virginia Medical School to delegate its authority to grant waivers to the conflict of interests statute for contracts between a business in which the employee has a personal interest and the institution for a contract for research and development or commercialization of intellectual property. If the board delegates this authority, it must include this delegation of authority in the formal policy required by clause (iii) of subdivision C 7. Additionally, if the board delegates this authority, the bill requires the president of the institution to file with the board of visitors by December 1 an annual report including the same information that the board of visitors is required to file with the Secretary of the Commonwealth under clause (v) of subdivision C 7. HB 2283; CH. 646.

§ 2.2-3202 amended.
Workforce Transition Act; eligibility for transitional benefits. Extends the eligibility for transitional severance benefits provided under the Workforce Transition Act to agency heads and employees serving in the capacity of chief deputy or confidential assistant for policy or administration provided they were employed by the Commonwealth continuously on a full-time basis for 15 years prior to their appointment as agency head, chief deputy, or confidential assistant. The second enactment clause of the bill limits the extended eligibility to on and after July 1, 2003. HB 1597; CH. 782.

§ 2.2-3310 amended.
Vietnam War Memorial Dedication and Veterans' Recognition Week. Designates the first full week of November of each year as Vietnam War Memorial Dedication Week and Veterans' Recognition Week in the Commonwealth. Currently, the second Saturday of November is designated as Vietnam War Memorial Dedication Day and Veterans' Recognition Day. HB 1411; CH. 684.

§§ 2.2-3701 and 2.2-3705. See § 38.2-5001; HB 2048.

§ 2.2-3703. See § 37.1-70.1; HB 2445/SB 1149.

§ 2.2-3704 amended.
Freedom of Information Act (FOIA); payment of charges for record production. Provides that before processing a request for records, a public body may require the requester to pay any amounts owed to the public body for previous requests for records that remain unpaid 30 days or more after billing. The bill also contains a technical amendment. The bill is a recommendation of the FOIA Council. SB 738; CH. 275.

§ 2.2-3705. See § 56-573.1; HB 1545.

§ 2.2-3705 amended. Freedom of Information Act; record exemption for employment discrimination investigations conducted by certain local public bodies. Expands the record exemption for investigator notes, and other correspondence and information, furnished in confidence with respect to an active investigation of individual employment discrimination complaints made to the Department of Human Resource Management to include any such investigations conducted by such personnel of the local governing body who are authorized by law to conduct these investigations in confidence, including local school boards. HB 1651; CH. 307.

§ 2.2-3705 amended; § 36-105.3 added.
Protection of certain records in the possession of building officials. Expands the current exemption under the Freedom of Information Act relating to building permit records to include critical structural components, security systems, telecommunications equipment, etc., submitted for the purpose of complying with the Uniform Statewide Building Code or the Statewide Fire Prevention Code, the disclosure of which would jeopardize the safety or security of any public or private commercial, multi-family residential or retail building or its occupants in the event of terrorism or other threat to public safety. The bill requires the owner or lessee to invoke these protections in writing, identify the drawings, plans, or other materials to be protected; and state the reasons why protection is necessary. The bill provides that nothing shall prevent disclosure of information relating to any building in connection with an inquiry into the performance of that building after it has been subjected to fire, explosion, natural disaster or other catastrophic event. The bill also requires building officials to institute procedures to ensure these sensitive records are securely stored, handled, and released in accordance with law. HB 1727; CH. 891.

§ 2.2-3705 amended.
Unclaimed property; State Treasurer's records. Provides an exemption from disclosure for records, investigative notes, correspondence, and information pertaining to the planning, scheduling and performance of examinations of holder records pursuant to the Uniform Disposition of Unclaimed Property Act (§ 55-210.1 et seq.) prepared by or for the State Treasurer, his agents, employees or persons employed to perform an audit or examination of holder records. HB 1776; CH. 893.

§ 2.2-3705 amended.
Freedom of Information Act (FOIA); Board for Branch Pilots; confidentiality of information obtained from chemical testing. Provides a FOIA exemption for records of the Board for Branch Pilots relating to the chemical or drug testing of a person regulated by the Board, where such person has tested negative or has not been the subject of a disciplinary action by the Board for a positive test result. HB 2131; CH. 358.

§ 2.2-3705 amended.
Freedom of Information Act; critical infrastructure and vulnerability assessments. Expands the current record exemption for engineering and architectural drawings to protect the safety of any public building or its occupants, by clarifying that records relating to critical infrastructure or structural components, security equipment and systems, ventilation systems, fire protection equipment, mandatory building emergency equipment or systems, elevators, electrical systems, telecommunications equipment and systems, and other utility equipment and systems, as well as vulnerability assessments are exempt. The bill applies to all buildings, whether public or private. The bill requires certain procedures to be followed to protect such records. The bill also provides that nothing in this subdivision shall be construed to prohibit the disclosure of records relating to the structural or environmental soundness of any building, nor shall it prevent the disclosure of information relating to any building in connection with an inquiry into the performance of that building after it has been subjected to fire, explosion, natural disaster or other catastrophic event. The bill also contains a corollary open meeting exemption for the discussion of such records in a closed meeting. The bill consolidates two related exemptions and contains other technical amendments. HB 2211; CH. 704.

§ 2.2-3705 amended.
Freedom of Information Act; record exemption; investigative records of insurance claims. Expands an existing exemption to include investigative notes, correspondence and information furnished in confidence with respect to an investigation of a claim or potential claim against a public body's insurance policy or self-insurance plan. The bill provides, however, that nothing shall prohibit the disclosure of information, taken from inactive reports upon expiration of the period of limitations for the filing of civil suits. HB 2492; CH. 327.

§ 2.2-3705. See § 22.1-279.8; HB 2621.

§§ 2.2-3705 and 2.2-3711 amended.
Freedom of Information Act; exemptions for the Commonwealth Health Research Board. Adds an exemption for records submitted as a grant application, or accompanying a grant application, to the Commonwealth Health Research Board pursuant to Chapter 22 (§ 23-277 et seq.) of Title 23 to the extent such records contain proprietary business or research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical or scholarly issues, when such information has not been publicly released, published, copyrighted or patented, if the disclosure of such information would be harmful to the competitive position of the applicant. The bill also contains a closed meeting exemption for the Commonwealth Health Research Board for discussion of the above records. HB 2658; CH. 332.

§§ 2.2-3705 and 2.2-3711 amended.
Virginia Freedom of Information Act; exemptions for contract negotiations. Adds a record exemption for records relating to the negotiation and award of a specific contract where competition or bargaining is involved and where the release of such records would adversely affect the bargaining position or negotiating strategy of the public body. The bill provides that such records shall not be withheld after the public body has made a decision to award or not to award the contract and shall not apply to the release of records in connection with procurement transactions governed by the Virginia Public Procurement Act. The bill also provides an open meeting exemption for the discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. The bill is a recommendation of the FOIA Council. SB 737; CH. 274.
§ 2.2-3709 amended. Electronic meetings of the Board of Visitors of the University of Virginia; authority for holding telephonic or video broadcast meetings. Modifies the exception to the Freedom of Information Act requirements for holding telephonic or video broadcast meetings that has been accorded to the Board of Visitors of the University of Virginia. This exception currently requires that two-thirds of the board be physically assembled at its regular or primary location and that no more than 25 percent of all annual meetings be held via electronic means. This provision reduces the requirement for physical presence to a quorum of the Board and provides for electronic meetings to be held at locations other than the regular or primary location of the Board's meetings. The Board of Visitors of the University of Virginia consists of 16 members; however, § 23-74 provides that five members "constitute a quorum." In addition to these changes, public access is limited to hearing the participation during public sessions and the interruption of the telephonic or video broadcast of the meeting will result in suspension of public sessions. The original act authorizing the Board to hold electronic meetings that are removed from the Freedom of Information Act's general rules includes an enactment clause mandating that the Board keep a record of its electronic meetings, record complaints about such meetings, and report on these records to the Secretary of Education and the General Assembly. The bill also extends the sunset clause to July 1, 2005. SB 1344; CH. 475.

§ 2.2-3711 amended.
Freedom of Information Act; closed meetings; State Lottery Board. Allows the State Lottery Board to convene a closed meeting for its deliberations in a licensing appeal action conducted pursuant to subsection D of § 58.1-4007 regarding the denial or revocation of a license of a lottery sales agent. HB 2209; CH. 703.

§ 2.2-3711 amended.
Virginia Freedom of Information Act exemption. Allows the Virginia Museum of Natural History to hold closed meetings to discuss or consider matters relating to specific gifts, bequests, and grants. This exemption from the Freedom of Information Act currently extends to the Virginia Museum of Fine Arts and The Science Museum of Virginia. HB 2738; CH. 618.

§ 2.2-3711. See § 54.1-4400; SB 1329.

§ 2.2-3714 amended.
Freedom of Information Act; penalties for violation. Increases the civil penalty for willful and knowing violations of the Freedom of Information Act from $100 to $250 for the first violation and from $500 to $1,000 for any subsequent violation. HB 2086; CH. 319.

§ 2.2-3800 amended.
Government Data Collection and Dissemination Practices Act; display of social security numbers prohibited. Provides that after July 1, 2004, no agency, as defined in § 42.1-77, shall send or deliver or cause to be sent or delivered, any letter or package that displays a social security number on the face of the mailing envelope or package or from which a social security number is visible, whether on the outside or inside of the mailing envelope or package. HB 2062; CH. 791.

§ 2.2-3800 amended.
Government Data Collection and Dissemination Practices Act; social security numbers. Prohibits the display of a data subject's entire social security number on any student or employee identification card by public agencies on and after July 1, 2006. HB 2063; CH. 927.

§ 2.2-3800. See § 18.2-186.3; HB 2175.

§ 2.2-3800. See § 18.2-186.3; SB 979.

§ 2.2-3801 amended.
Government Data Collection and Dissemination Practices Act; definition of agency. Clarifies that the definition of "agency" in the Government Data Collection and Dissemination Practices Act includes constitutional officers, except as otherwise expressly provided by law. The bill contains a technical amendment. The bill is in response to a recent Virginia Supreme Court decision that held that the Government Data Collection and Dissemination Practices Act does not apply to constitutional officers. HB 2731; CH. 272.

§ 2.2-3802 amended.
Government Data Collection and Dissemination Practices Act; exemption. Grants an exemption to the Virginia Racing Commission from the provisions of the Government Data Collection and Dissemination Practices Act (formerly the Privacy Protection Act of 1976). HB 1739; CH. 406.

§ 2.2-3808 amended.
Government Data Collection and Dissemination Practices Act; social security numbers. Prohibits agency-issued identification cards, student identification cards, or license certificates issued or replaced after July 1, 2003 from displaying an individual's entire social security number. The bill provides exceptions from the general prohibition for the following circumstances: (i) certain licensing and identification cards issued by the Department of Motor Vehicles prior to July 1, 2003, which are required to be replaced by the December 31 next following the decennial redistricting from the 2010 census; (iii) insurance licenses issued by the State Corporation Commmission, which shall be replaced no later than 12 months after the creation and implementation in all states of a national insurance producer identification number, and (iv) road tax licenses issued by the Department of Motor Vehicles to motor carriers under the terms of the International Fuel Tax Agreement. HB 1744; CH. 974.

§ 2.2-3808.2 added.
Posting certain information on the Internet; prohibitions. Provides that beginning January 1, 2004, no court clerk shall post on a court-controlled website any document that contains the following information: (i) an actual signature; (ii) a social security number; (iii) a date of birth identified with a particular person; (iv) the maiden name of a person's parent so as to be identified with a particular person; (v) any financial account number or numbers; or (vi) the name and age of any minor child. The bill also provides an exception for court clerks providing remote access to their records if their network or system that is used to provide the access has been certified by the Department of Technology Planning. It also requires the Department to establish security standards that must be followed by court clerks providing remote access to records in consultation with circuit court clerks, the Supreme Court, the Compensation Board, users of land and other court records, and other interested citizens. The bill has a July 1, 2005, sunset provision. HB 2426; CH. 988.

§§ 2.2-4002, 3.1-398, and 35.1-14 amended.
Health; regulations for restaurant and retail food establishments. Provides that the provisions of the Administrative Process Act do not apply to the adoption of the federal Food and Drug Administration Food Code by the Department of Agriculture and Consumer Services and the Department of Health. Under the bill the provisions of the Administrative Process Act pertaining to publication and notice of proposed regulations are applicable to any adoption of the Food Code. Further, the Departments of Agriculture and Consumer Services and Health are required to publish, prior to adopting the Food code, a notice of opportunity for public comment containing certain specified information and to hold at least one public hearing prior to the adoption of the Food Code. The bill also provides that the provisions of the Food and Drug Administration's Food Code shall not apply to farmers selling their own farm-produced products directly to consumers for their personal use, whether such sales occur on such farmer's farm or at a farmers' market, unless such provisions are adopted in accordance with all requirements of the Administrative Process Act. HB 1700; CH. 695.

§ 2.2-4002. See § 32.1-79; HB 1823.

§ 2.2-4006. See § 36-99; HB 2480.

§§ 2.2-4007 and 2.2-4012 amended; § 2.2-4012.1 added.
Administrative Process Act; fast-track rulemaking process. Establishes an exemption from certain provisions of the Administrative Process Act for agency regulations deemed by the Governor to be noncontroversial. This legislation is a recommendation of the Virginia Code Commission. SB 1001; CH. 224.

§§ 2.2-4014, 2.2-4031, 2.2-4102, 30-34.10:2, and 30-146 amended; §§ 2.2-4032 and 2.2-4033 repealed.
Virginia Register of Regulations. Codifies the current practice of publishing the Virginia Register of Regulations on the Internet and repeals the provision that the Register be provided to certain state and local entities free of charge. The bill also conforms the Code Commission's authority to contract for the printing of the Virginia Register with current authority to contract for the printing of the Code of Virginia and the Virginia Administrative Code, and repeals the provision that subscription fees for printing and distributing the Register be approved by the Commission. In addition, the bill has an emergency clause. HB 2550; CH. 212 (effective 3/16/03).

§ 2.2-4301 amended.
Virginia Public Procurement Act; multiphase contracts for professional services for construction and infrastructure projects for localities. Provides that multiphase contracts for professional services satisfactory and advantageous to a local public body for environmental, location, study, design, or inspection work relating to construction or infrastructure projects, may be negotiated and awarded based on a fair and reasonable price for the first phase only, when completion of the first phase is necessary to provide information critical to the negotiation of a fair and reasonable price for succeeding phases. Prior to the procurement of any such contract, the local public body shall determine in writing that the nature of the work is such that the best interests of such public body require awarding the contract. HB 1709; CH. 185.

§ 2.2-4301 amended; § 2.2-4321.1 added.
Virginia Public Procurement Act; certain transactions prohibited. Prohibits state agencies from contracting for goods and services from vendors who are required to collect use tax on sales of goods delivered into Virginia but fail or refuse to do so. The bill would also prohibit such contracts with any affiliates of such vendor. The bill defines affiliate and requires the Department of Taxation to make a determination of whether a vendor or an affiliate of the vendor is a prohibited source. The bill provides for appeals of the Tax Department's determination and sets out the remedies. HB 2533; CH. 994/SB 938; CH. 1006.
§ 2.2-4303 amended. Virginia Public Procurement Act; reverse auctioning. Removes the sunset provision of July 1, 2003, for the use of reverse auctioning. As a result, reverse auctioning becomes an authorized method of procurement except that bulk purchases of commodities used in road and highway construction and maintenance, and aggregates shall not be procured by reverse auctioning. HB 2192; CH. 644.

§ 2.2-4304 amended.
Virginia Public Procurement Act; cooperative procurement. Clarifies that except for contracts for professional services, a public body may purchase from another public body's contract even if it did not participate in the request for proposal or invitation to bid, if the request for proposal or invitation to bid specified that the procurement was being conducted on behalf of other public bodies. HB 2701; CH. 651.

§§ 2.2-4310 and 2.2-4343 amended.
Department of General Services; Public Procurement Act; preference for businesses that hire ex-felons. Prohibits discrimination by state agencies against a bidder or offeror because the bidder or offeror employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. The bill also exempts the Department of Corrections from the Public Procurement Act when in its selection of pre-release and post-incarceration services. SB 1064; CH. 226.

§ 2.2-4341 amended.
Virginia Public Procurement Act; payment bonds. Clarifies that any claimant who has a direct contractual relationship with the contractor, regardless of any contractual relationship with a subcontractor, may bring an action on the contractor's payment bond. HB 2050; CH. 255.

§ 2.2-4343 amended.
Chippokes Plantation Farm Foundation. Exempts the Board of the Chippokes Plantation Farm Foundation from the Virginia Public Procurement Act when entering into agreements with private persons for the construction, operation, and maintenance of projects that are (i) consistent with the Chippokes Plantation State Park Master Plan approved by the Director of the Department of Conservation and Recreation and (ii) designed to further an appreciation for rural living and the contributions of the agricultural, forestry, and natural resource based industries of the Commonwealth. Such project must be supported solely by nonstate funding sources. SB 951; CH. 1008.

§§ 2.2-5100, 2.2-5101, and 2.2-5102 amended.
Virginia Investment Partnership Act; Virginia Investment Performance Grants. Provides that any eligible manufacturer located in a fiscally distressed area of the State, as defined in the guidelines implementing the Virginia Investment Partnership Act, shall be eligible to begin receiving grants in the fourth year after the capital investment is completed and verified instead of the sixth year. The bill also amends the definition of "major eligible employer." HB 2328; CH. 17.

§ 2.2-5201 amended.
Administration of government; Comprehensive Services for At-Risk Youth and Families (CSA). Requires that the chairman of the state and local advisory team for CSA shall be elected from among the local government representatives. HB 1956; CH. 499.

2003 Digest Home | Code Commission Home