TITLE 2.2. ADMINISTRATION OF GOVERNMENT.

§§ 2.2-200 and 2.2-204 amended; § 2.2-203.3 added.
Establishes the Secretary of Agriculture and Forestry. The Secretary shall be responsible to the Governor for the following agencies: Department of Forestry, Department of Agriculture and Consumer Services, Virginia Agricultural Council, and Virginia Marine Products Board. The provisions of this bill will become effective no later than the beginning of the term of the Governor elected November 8, 2005; however, if funding for the position and expenses of the Secretary of Agriculture and Forestry is included in the 2004 appropriation act passed by the General Assembly, this bill will become effective beginning on the date set out in the appropriation act. This bill also directs the Governor to appoint a Deputy Secretary of Agriculture and Forestry within the Secretariat of Commerce and Trade to administer the policies affecting agricultural and forestry interests until the position of Secretary of Agriculture and Forestry is filled. HB 1212; CH. 963.

§§ 2.2-200 and 2.2-204 amended; § 2.2-203.3 added.
Establishes the Secretary of Agriculture and Forestry. The Secretary shall be responsible to the Governor for the following agencies: Department of Forestry, Department of Agriculture and Consumer Services, Virginia Agricultural Council, and Virginia Marine Products Board. The provisions of this bill will become effective no later than the beginning of the term of the Governor elected November 8, 2005; however, if funding for the position and expenses of the Secretary of Agriculture and Forestry is included in the 2004 appropriation act passed by the General Assembly, this bill will become effective beginning on the date set out in the appropriation act. This bill also directs the Governor to appoint a Deputy Secretary of Agriculture and Forestry within the Secretariat of Commerce and Trade to administer the policies affecting agricultural and forestry interests until the position of Secretary of Agriculture and Forestry is filled. SB 543; CH. 940.

§§ 2.2-203.1 and 2.2-2817.1 amended.
State employees; establishment of agency alternative work schedule and telecommuting policy. Requires the head of each state agency to establish a telecommuting and alternative work policy under which eligible employees of such agency may telecommute, participate in alternative work schedules, or both. The bill also requires each agency head to set target goals for the number of positions eligible for alternative work schedules by July 1, 2009. HB 1094; CH. 755/SB 468; CH. 701.

§§ 2.2-204 and 3.1-426 amended.
Milk Commission. Merges the Milk Commission with the Department of Agriculture and Consumer Services, as directed by Item 127 of Chapter 1042 of the 2003 Acts of Assembly (budget bill). SB 262; CH. 57.

§§ 2.2-205, 2.2-225, 2.2-2651, 2.2-2669, 23-231.9, and 30-198 amended.
Secretary of Technology; duties. Assigns to the Secretary of Technology the responsibility for developing and coordinating a comprehensive policy for research and development in the Commonwealth. The bill adds the Virginia Research and Technology Advisory Commission to the list of agencies for which he is responsible. The bill also assigns to the Secretary the tasks of monitoring and analyzing the technology investments and strategic initiatives of other states to ensure the Commonwealth remains competitive; strengthening interstate and international partnerships and relationships in the public and private sectors to bolster the Commonwealth's reputation as a global technology center; developing and implementing strategies to accelerate and expand the commercialization of intellectual property created within the Commonwealth; ensuring the Commonwealth remains competitive in cultivating and expanding growth industries, including life sciences, advanced materials and nanotechnology, biotechnology, and aerospace; and monitoring the trends in the availability and deployment of and access to broadband communications services. The bill adds the Secretary to the cabinet-level committee created to assist the Secretary of Commerce and Trade in the development of the comprehensive economic development policy for the Commonwealth; the Council on Technology Services; the Board of Trustees of the A. L. Philpott Manufacturing Extension Partnership; and the Advisory Council on Career and Technical Education to ensure a comprehensive and integrated policy for the Commonwealth on education, commerce, workforce and technology. HB 546; CH. 989.

§ 2.2-206 amended.
Urban issues. Makes several amendments to provisions that call for a report on the condition of the Commonwealth's urban areas. The report will be developed during the first year of each new gubernatorial administration and a cabinet-level committee shall be established to assist with such report. HB 1398; CH. 238.

§§ 2.2-212 and 60.2-113 amended.
Governor's Employment and Training Department. Removes obsolete references to the Governor's Employment and Training Department. HB 22; CH. 14.

§§ 2.2-212, 2.2-215, and 2.2-2628 amended.
Council on Indians. Moves the Council on Indians from the Health and Human Services Secretariat to the Natural Resources Secretariat. The bill also (i) changes the membership of the Council by removing the Secretary of Health and Human Services, who served as an ex officio voting member, (ii) increases the number of at-large members from the Indian population residing in the Commonwealth from two to three, and (iii) requires those at-large members to provide verification as an enrolled member of a tribe recognized by either the Commonwealth or, another state, or territory. HB 782; CH. 142.

§§ 2.2-507.1 and 17.1-513.01 amended.
Charitable corporations; purposes for which assets are held. Provides that the assets of a charitable corporation shall be deemed to be held in trust for such purposes as are established in the governing documents of the charitable corporation, the gift or bequest to the corporation, or other applicable law. Existing language providing that the assets are to be held for such purposes as established by the donor's intent as expressed in the corporation's governing documents is repealed. This provision is stated not to modify the standard of conduct applicable to directors of charitable corporations under existing law. HB 625; CH. 289.

§ 2.2-511. See § 18.2-186.3; HB 872.

§ 2.2-511. See § 18.2-511; HB 1123/SB 320.

§ 2.2-514 amended.
Settlements by the Commonwealth; confidentiality. Provides that no settlement of a civil action against the Commonwealth involving money damages shall be made subject to a confidentiality agreement that prohibits the Commonwealth, a state agency, officer or employee from disclosing the amount of such settlement except in cases where the confidentiality agreement is imposed by a court of competent jurisdiction or otherwise is required by law. HB 357; CH. 729.

§§ 2.2-518 and 2.2-4806 amended.
Office of the Attorney General; debt collection. Authorizes the Division of Debt Collection of the Office of the Attorney General to retain as special revenue up to 30 percent of receivables collected on behalf of state agencies and to contract with private collection agents for the collection of debts amounting to less than $15,000. The bill also provides a procedure for the collection of accounts receivable of $3,000 or more that are 60 days or more in arrears. HB 1037; CH. 919.

§§ 2.2-603 and 2.2-2009 amended.
Security of state government databases and data communications. Requires the director of every department in the executive branch of state government to report to the Chief Information Officer (CIO) all known incidents that threaten the security of the Commonwealth's databases and data communications resulting in exposure of data protected by federal or state laws, or other incidents compromising the security of the Commonwealth's information technology systems with the potential to cause major disruption to normal agency activities, computer viruses and worms, denial of service attacks, unauthorized uses and intrusions, and such other security threats. Such reports shall be made to the CIO within 24 hours from when the department discovered or should have discovered their occurrence. The bill also requires the CIO to promptly receive these reports and to take such actions as are necessary, convenient or desirable, to ensure the security of the Commonwealth's databases and data communications. HB 1330; CH. 638 (effective 1/1/05).

§ 2.2-603 amended.
Agency reports on the costs of federal mandates. Eliminates the requirement for agencies to report the cost of federal mandates to the Department of Planning and Budget on Form FM. An agency's estimate of the cost of a mandate may not have been accurate if the mandate is conditioned upon an event that has not happened or there exist overlaps in compliance. The bill also deletes a provision superseded by the creation of the Virginia Information Technology Agency in 2003 and the requirement for each agency head to designate an existing employee to act as the agency's information technology resource. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). SB 11; CH. 488.

§§ 2.2-608, 2.2-2213, 2.2-2238, 2.2-2242, 2.2-2263, 2.2-2400, 2.2-2407, 2.2-2432, 2.2-2506, 3.1-22.4, 4.1-115, 10.1-1307, 10.1-1802, 10.1-2012, 22.1-171, 23-1.01, 23-30.36, 23-227, 23-253, 23-253.7, 30-34.4:1, 30-34.15, 32.1-14, 40.1-4.1, 46.2-1503.5, 54.1-114, 54.1-4421, 62.1-44.40, and 62.1-139 amended; §§ 2.2-1126 and 2.2-1127 repealed.
Distribution of reports. Replaces the automatic distribution of paper copies of annual and biennial agency reports to certain state officials with an on-demand electronic notification and retrieval system of reports available from the General Assembly's website. Members of the General Assembly would also have the option of receiving paper copies of reports upon request. Under current law, the Division of Purchases and Supply of the Department of General Services (DGS) is assigned the responsibility of providing agencies with advice on publishing their reports and maintaining a distribution list for those reports. However, the provisions relating to the duties of DGS are obsolete because agencies have assumed responsibility for the publication and distribution of their own reports. The bill also requires the Division of Legislative Automated Systems to notify persons who are currently entitled to receive annual and biennial reports regarding the change to the new system. The bill clarifies that agency reports include reports by institutions, collegial bodies and other governmental entities. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). SB 6; CH. 650.

§ 2.2-609 amended.
State publications. Reduces from 100 to 20 the maximum copies of state publications that must be submitted to The Library of Virginia. The bill also removes the requirement for the reporting entity to furnish information on publication costs to The Library and clarifies that state reports include reports by agencies, institutions, collegial bodies and other state governmental entities. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). HB 6; CH. 28/SB 2; CH. 152.

§ 2.2-612 amended; §§ 2.2-2506 and 2.2-2507 repealed.
Virginia Advisory Commission on Intergovernmental Relations. Abolishes the Virginia Advisory Commission on Intergovernmental Relations. The Commission was created in 1978 to act as a forum for identifying and discussing areas of mutual concern to local and state officials, including state and federal programs. The Commission no longer has professional staff or appropriations directly assigned or direct appropriations. The duties and responsibilities of the Commission can be assumed by existing entities or specific issue-oriented bodies created as needed. Other avenues for intergovernmental discussions currently exist, including the Virginia Municipal League, the Virginia Association of Counties, and the use of legislative and executive liaisons by local governments. This bill was recommended by the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). HB 203; CH. 34/SB 10; CH. 155.

§§ 2.2-614.1 and 15.2-106 amended.
Bad check charges. Raises from $25 to up to $35, the fee that localities and public bodies responsible for revenue collection may charge for the uttering, publishing or passing of any check or draft for payment of taxes or any other sums due, which is subsequently returned for insufficient funds or because there is no account or the account has been closed. This fee was raised to $35 for general creditors (not local governments) during the 2003 Session, and the bill is aimed at creating consistency in this area. HB 1207; CH. 565.

§§ 2.2-700 and 2.2-703 amended.
Department for the Aging; powers and duties of the Commissioner and the Department. Establishes the Commissioner of the Department for the Aging as the Governor's principle advisor on aging issues and provides for the Commissioner to recommend policies, legislation and other actions appropriate to meeting the needs of an aging society. The bill also requires the Department for the Aging to develop and maintain a four-year plan for aging services in the Commonwealth. SB 382; CH. 694.

§ 2.2-1120 amended.
Department of General Services; Division of Purchases and Supply; direct purchase by charitable corporations. Clarifies that free clinics are eligible to purchase from cooperative procurements in which the Division of Purchases and Supply participates, so long as it is not prohibited by the terms of the procurement. HB 1441; CH. 484.

§ 2.2-1124 amended.
Department of General Services; disposition of surplus computer equipment. Removes the limitation on the amount of surplus materials that may be donated in the case of computer equipment and related items to Virginia public schools. The bill also makes two technical amendments that raise the market value of surplus materials that may be donated from $200 to $500 and the limitation on the percentage from five to 25 percent of the revenue generated. These changes were previously enacted by Chapter 615 of the 2000 Acts of the General Assembly but were not carried over by the recodification of Title 2.1 that passed during the 2001 session. SB 161; CH. 670.

§ 2.2-1131.1 added.
State Property Management Reform Act. Requires the Division of Engineering and Buildings of the Department of General Services to establish performance standards for the acquisition, lease and disposition of property and for the management and utilization of such property to maximize use. The bill also requires the Division to report the performance measures to the Governor and the General Assembly by December 1, 2004, and to thereafter prepare, no later than November 30 of each year, reports to the Governor and the General Assembly on the effectiveness of the performance standards. In addition, the bill provides that state public institutions of higher education that have delegated authority to manage aspects of their real property usage and have signed a memorandum of understanding with the Secretary of Administration related to such delegated authority shall be deemed in compliance with the standards set by the Division as long as they abide by the terms of the memorandum of understanding. The standards established in accordance with the memorandum of understanding shall be reported to the Division by October 1 of each year. HB 985; CH. 750.

§ 2.2-1131.1 added.
Department of General Services; State Asset Management Review Act. Requires the Department of General Services to establish performance standards for the use of the state's real property and require an annual report to the Governor and the General Assembly. The bill provides that state public institutions of higher education that have delegated authority to manage aspects of their real property usage and have signed a memorandum of understanding with the Secretary of Administration related to such delegated authority shall be deemed in compliance with the standards set by the Division of Engineering and Buildings as long as they abide by the terms of the memorandum of understanding. Standards established in accordance with the memorandum of understanding shall be reported to the Division by October 1 of each year. SB 289; CH. 684.

§ 2.2-1151.1 amended.
Virginia Department of Transportation; right-of-way easements; damages to adjacent property. Provides that performance surety held by the Department of Transportation in association with a land use permit issued to a company to perform work within the Department's right-of-way shall be released until such time as all claims against the company associated with the work have been resolved, provided a claimant has notified the Department of a claim against such company within 30 days after completion of the work. A claimant shall have no more than one year after the notification is received by the Department to complete any action against the company associated with the work for which the claim has been made. After the expiration of the one-year period, the Department may release the performance surety. HB 1194; CH. 636.

§§ 2.2-1153 and 2.2-1156 amended.
Division of Engineering and Buildings; surplus real property. Requires all state departments, agencies and institutions to submit land use plans to the Division of Engineering and Buildings by September 1 of every year. The plans must be approved by the state entity's governing board, or agency head if there is no governing board, and shall be developed based on guidelines established by the Division. A second enactment clause requires the Division to seek the input of all state entities owning real property or having control over real property in developing the land use plan guidelines. The bill also requires to the Division to (i) include in its criteria for determining whether a property under the control of state entities is surplus a provision stating the governing board or agency head must approve the designation of property under its control as surplus, and (ii) submit a report containing certain information regarding the land use plans to the Chairmen of the House Appropriations and Senate Finance Committees by October 1 of every year. HB 1124; CH. 997.

§ 2.2-1208 added.
Long-term care insurance. Requires the Department of Human Resource Management to develop and implement a long-term care insurance plan for state employees and for any person who has five or more years of creditable service in any retirement plan administered by the Virginia Retirement System whether or not such person is employed by an employer participating in the Virginia Retirement System, and whether or not such person is receiving retirement benefits. HB 1179; CH. 312.

§ 2.2-1822.1 added.
Department of Accounts; recovery audits of state contracts. Requires the Department of Accounts to contract with one or more private contractors to conduct systematic recovery audits of state agency contracts. The bill contains a provision that authorizes the contractor to retain a percentage of any payment error that is recovered by such contractor, not to exceed 10 percent of the amount recovered. The recovery audits shall include identifying payment errors made by state agencies to vendors and other entities resulting from (i) duplicate payments, (ii) invoice errors, (iii) failure to apply applicable discounts, rebates, or other allowances, or (iv) any other errors resulting in inaccurate payments. HB 1447; CH. 644.

§ 2.2-1839 amended.
Risk management plans. Allows attorneys who provide pro bono custody and visitation legal services to eligible indigent persons pursuant to a program approved by the Supreme Court of Virginia or the Virginia State Bar to be covered by the Commonwealth's risk management program for claims arising from their provision of legal services in such programs. The bill provides that the cost of such coverage shall be paid by the Virginia Supreme Court for approved programs of the Supreme Court and the Virginia State Bar. HB 69; CH. 121.

§ 2.2-1839 amended.
Department of the Treasury; risk management plans; inclusion of guardians. Includes in the state's risk management plans any natural person serving as a guardian or limited guardian as defined in § 37.1-134.6 for any consumer of a community services board or behavioral health authority or any resident of a state facility operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services. The bill provides that the Department of Mental Health, Mental Retardation and Substance Abuse Services will pay the costs of coverage for such persons. HB 350; CH. 529.

§ 2.2-1839 amended; § 2.2-1839.1 added.
Medical malpractice insurance. Provides that certain qualifying physicians and sole community hospitals may purchase medical malpractice insurance from the risk management plan administered by the Department of Treasury. Sole community hospitals also may purchase general liability coverage. These provisions of the bill are not effective until July 1, 2006. The bill establishes a joint subcommittee to study issues surrounding risk management plans. The subcommittee will meet in the 2004 interim. SB 601; CH. 822.

§§ 2.2-2000, 2.2-2452, 2.2-2681, and 2.2-2715 amended; § 2.2-2004.1 added.
Veterans Services. Clarifies that the Commissioner of the Department of Veterans Services shall report directly to the Governor and requires the Commissioner to establish an advisory board to assist in the administration of veterans care centers established in the Commonwealth. The bill also (i) increases the membership of the Board of Veterans Services from 17 to 19 by adding the Chairmen of the Board of Trustees of the Veterans Services Foundation and the Joint Leadership Council of Veterans Service Organizations and (ii) adds the Chairman of the Board of Veterans Services as a member of the Board of Trustees of the Veterans Services Foundation and the Joint Leadership Council of Veterans Service Organizations. SB 412; CH. 697.

§§ 2.2-2006 and 2.2-4343. See § 23-77.4; HB 478.

§ 2.2-2012 amended.
Virginia Information Technologies Agency; contracts for personal computers. Allows licensed teachers employed in a full-time teaching capacity in Virginia public schools or in state educational facilities to purchase personal computers for use outside the classroom on state contract. Currently, the ability to buy such personal computers is limited to public school teachers. HB 508; CH. 278.

§ 2.2-2012 amended.
Information technology and telecommunications procurement; Virginia Information Technologies Agency (VITA). Adds the requirement that VITA conduct procurements in accordance with the regulations inplementing the electronic and information technology accessibility standards of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), in addition to other requirements. Such procurements may not exceed the Rehabilitation Act of 1973 regulations. HB 1360; CH. 237.

§ 2.2-2101 amended; §§ 2.2-209, 2.2-210, and 2.2-2600 through 2.2-2602 repealed.
Advisory Council on the Virginia Business-Education Partnership Program. Abolishes the Advisory Council on the Virginia Business-Education Partnership Program and the Virginia Business-Education Partnership Program. The program was created in 1993 to assist local programs in obtaining federal funding to establish local business-education partnerships. The council was established at the same time to assist the Secretary of Education in implementing the program and facilitating the development of strategic partnerships between the public and private sectors to enhance public education and workforce training. State funding for the program ended in 2001 and federal funding ceased on December 31, 2003. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). HB 9; CH. 37.

§ 2.2-2233.2 added.
Biotechnology Commercialization Loan Fund; Innovative Technology Authority. Creates the Biotechnology Commercialization Loan Fund to finance technology transfer and commercialization activities related to biotechnology inventions made, solely or in cooperation with other organizations, at qualifying institutions. The maximum amount of the fund is $3,000,000 and the maximum amount that any institution can have outstanding is $500,000. Applications will be made to and decisions will be made by a panel consisting of the President of the Center for Innovative Technology, the Director of the Department of Planning and Budget and the Executive Director of the Virginia Economic Development Partnership, or their designees. Loans are to be repaid at a rate and time determined in the bill. The bill also provides that a record transmitted or delivered by a loan applicant or a loan recipient to a public body, in carrying out its duties under the bill, are excluded from disclosure under the Virginia Freedom of Information Act to the extent such record reveals certain proprietary information. SB 646; CH. 942.

§§ 2.2-2238, 2.2-2670, 10.1-1413.2, 22.1-199.3, 22.1-208.2:1.1, 22.1-209.1:7, 22.1-291.2, 22.1-343, 23-38.19:4, 23-38.53:12, 23-38.53:16, 23-38.53:18, 23-38.53:19, 59.1-284.16, 59.1-284.17, and 59.1-284.18 amended; §§ 22.1-199.3, 22.1-208.2:1.1, 22.1-209.1:7, 22.1-209.1:9, 22.1-209.1:10, 22.1-291.2, 23-38.19:3, 23-38.19:4, 23-38.19:5 23-38.53:8, 23-38.53:9, 23-38.53:10, 23-38.53:12 through 23-38.53:20, 36-139.8, 59.1-284.7 through 59.1-284.12, 59.1-284.16 through 59.1-284.19, and 60.2-318 through 60.2-322 repealed.
Dormant special funds. Repeals certain dormant special funds, and the associated program, if no appropriation is made to the associated program by July 1, 2004. This bill repeals the Blue Ridge Economic Development Revolving Fund, the Alternative Water Supply Assistance Fund, the Workforce Development Training Fund, the Advantage Virginia Incentive Fund, Program, and Foundation, the Reading Incentive Grants Fund and Program, the Virginia Educational Excellence Incentive Reward Fund and Program, the Families in Education Incentive Grants Fund and Program, the Community-Based Intervention Program for Suspended and Expelled Students and its special fund, the Artists in the Classroom Grants Fund and Program, the Virginia Undergraduate Career and Technical Incentive Scholarship Fund and Program, the Higher Education Incentive Fund, the Information Technology Employment Performance Grant Fund and Program, and the Landfill Cleanup and Closure Fund. 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 3; CH. 872.

§ 2.2-2282 amended.
Freedom of Information Act (FOIA); exclusions. Provides that public access to meetings of the General Assembly, except floor sessions and committee or subcommittee meetings, and conference committee meetings, shall be governed by rules established by the Joint Rules Committee. Floor sessions and committee and subcommittee meetings will continue to be open to the public. The Joint Rules Committee must hold regional public hearings at least 60 days before the adoption of the rule. The bill provides that meetings of political party caucuses of either house of the General Assembly are excluded from the meeting provisions of FOIA. HB 1405; CH. 239.

§§ 2.2-2407, 40.1-6, and 60.2-113 amended.
Migrant and seasonal farmworkers; state agency changes. Transfers the Migrant and Seasonal Farmworkers Board from the Department of Labor and Industry to the Virginia Employment Commission, which has federal funding available to support staffing the Board. Currently, Labor and Industry personnel support the Board, but without dedicated funding or staff. The bill also transfers the Interagency Migrant Worker Policy Committee from Labor and Industry to the Virginia Employment Commission. SB 363; CH. 592.

§ 2.2-2448 amended.
Virginia-Asian Advisory Board; purpose. Amends the purpose of the Virginia-Asian Advisory Board to include advising the Governor on issues affecting the Asian-American community. HB 1480; CH. 1005/SB 186; CH. 971.

§§ 2.2-2640 and 2.2-2641 repealed.
Interagency Coordinating Council on Housing for the Disabled. Abolishes the Interagency Coordinating Council on Housing for the Disabled. The Council was created in 1986 to provide and promote cross-secretariat interagency leadership for comprehensive planning and coordinated implementation of proposals to increase and maximize use of existing low-income housing for the disabled and to develop a state policy on housing for the disabled for submission to the Governor. The Council has been inactive for approximately 10 years. Other entities, including the Disability Commission and the Department of Housing and Community Development, are currently addressing issues faced by the disabled in obtaining housing. This bill was recommended by the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). HB 206; CH. 16/SB 8; CH. 153.

§§ 2.2-2648 and 2.2-5201 amended.
Comprehensive Services for At-Risk Youth and Families. Adds the chairman of the state and local advisory team to the State Executive Council for Comprehensive Services for At-Risk Youth and Families. In addition, the bill adds a representative from the Department of Medical Assistance Services to the state and local advisory team. HB 527; CH. 836.

§ 2.2-2664 amended; § 2.2-5302 repealed.
Early Intervention Agencies Committee. Abolishes the Early Intervention Agencies Committee. The committee was created in 1992 to ensure the implementation of a comprehensive system for early intervention services and to make recommendations to the Secretary of Health and Human Resources and the Secretary of Education on issues that require interagency planning, financing, and resolution. Following the committee's creation, an early intervention interagency management team comprised of staff from the affected agencies was informally established to handle the day-to-day operations and management of early intervention services and perform much of the budget approval work of the committee. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). HB 15; CH. 38.

§§ 2.2-2667 and 2.2-2668 amended.
Virginia Recycling Markets Development Council. Revises the duties of the Virginia Recycling Markets Development Council to refocus the Council's primary mission on (i) assisting agencies, authorities, and localities to meet their recycling needs, if requested and (ii) identifying and evaluating existing or proposed state statutes, policies, regulations, and procedures that may attract or deter new businesses or the expansion or retention of existing businesses that can use recycled or recovered materials. The Council's annual reporting requirement is replaced with the duty to report if requested by the Governor, a resolution of the General Assembly, a standing or joint study committee of the General Assembly, the Secretary of Natural Resources or the Department of Environmental Quality. The bill also establishes term limits for the citizen members of the Council. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). SB 12; CH. 385.

§ 2.2-2670 amended; §§ 2.2-435.1 through 2.2-435.5 and 37.1-207.1 added.
Drug treatment and job training programs; performance-based budgeting. Creates the position of Special Advisor for Workforce Development, which reports directly to the Governor. The Special Advisor will have policy and program responsibilities for several federal and state workforce training programs and resources administered within several different state agencies. The Special Advisor responsibilities include (i) serving as liaison for workforce training among state and local government, the Virginia Workforce Council, local workforce investment boards, and the business community; (ii) reviewing fund allocation; (iii) helping the Virginia Workforce Council implement policies and procedures for the Virginia Workforce System; (iv) monitoring federal legislation and policy in order to maximize the effective use of program funds; and (v) reporting annually on the progress in statewide coordination of workforce training resources. The bill requires the Substance Abuse Council to identify drug treatment programs administered by state agencies and the Virginia Workforce Training Council; working with the Special Advisor for Workforce Development, to identify job-training programs administered by state agencies. The Special Advisor for Workforce Development is required to develop standard reporting formats providing a summary comparison of the per person costs for each drug treatment or job training program, a comparative rating of each program based on success in meeting program objectives, and an explanation of the extent to which an individual agency's appropriation requests incorporate the data reflected in the summary cost comparison and the comparative rating. In addition, the Special Advisor for Workforce Development is required to report annually by December 1 of each year to the Governor and the General Assembly the following information for each agency-administered job training program: (a) the amount of funding expended under such program for the prior fiscal year; (b) the number of individuals served by the program using that funding; (c) the extent to which program objectives have been accomplished as reflected by an evaluation of the high-quality outcome measures; and (d) how effectiveness may be improved. SB 304; CH. 686.

§§ 2.2-2720 through 2.2-2724 added.
Center for Rural Virginia. Establishes the Center for Rural Virginia as an independent local entity without political subdivision status for the purpose of sustaining economic growth in the rural areas of the Commonwealth. The Center shall be governed by a board of directors whose duties shall include (i) establishing the Center as a 501(c)(3) tax-exempt corporation and (ii) seeking federal funds available to state rural development councils, pursuant to the Farm Security and Rural Investment Act 2002, P. L. 107 -171. HB 1213; CH. 964/SB 407; CH. 938.

§ 2.2-2818 amended.
Health insurance plan for state employees. Requires that the health insurance plan offered to full-time state employees also be offered to all part-time state employees provided that such part-time employees pay the total cost of such insurance coverage. Part-time state employee is defined in the bill. HB 525; CH. 279.

§ 2.2-2818. See § 32.1-46; HB 855.

§§ 2.2-3000, 2.2-3003, and 2.2-3005 amended; § 2.2-3005.1 added.
State grievance procedure; penalty. Makes several amendments to the state grievance procedure. The bill (i) provides that the parties to a grievance have a duty to search their records to ensure that all relevant records are provided to the opposing party, (ii) specifies that hearing officer fees be reasonable in accordance with guidelines established by the Department of Employment Dispute Resolution (DEDR), (iii) entitles a grievant to recover reasonable attorneys' fees in grievances challenging a discharge if the grievant substantially prevails on the merits and special circumstances make such an award unjust, and (iv) provides for all awards of relief by a hearing officer to be in accordance with rules established by DEDR. The bill provides that its provisions relating to the award of attorneys' fees shall not apply to any local governing body or agency thereof that is otherwise subject to the state grievance procedure. The bill also contains technical amendments. SB 201; CH. 674.

§ 2.2-3006 amended.
Department of Human Resource Management; state grievance procedure. Provides that the review by the Director of the Department of Human Resource Management of state employee grievance hearing decisions for consistency with state policy shall be conducted upon the request of a party to the grievance. HB 959; CH. 229.

§ 2.2-3101 amended; §§ 2.2-3100.1 and 2.2-3128 through 2.2-3131 added.
State and Local Government Conflict of Interests Act; orientation programs. Provides for periodic orientation or training sessions for state government personnel on the content of the Act and other ethics provisions and for distribution of copies of the Act to all new state and local personnel. HB 467; CH. 134/SB 226; CH. 392.

§ 2.2-3109. See § 22.1-212.5; HB 380.

§ 2.2-3310.2 added.
Vietnamese-American Heritage Flag. Recognizes the flag of the former Republic of Vietnam, with three horizontal red stripes on a field of golden-yellow, as the Vietnamese American Heritage Flag. HB 1475; CH. 970.

§§ 2.2-3703, 2.2-3711, 2.2-3714, 2.2-3806, 22.1-279.8, 23-50.16:32, 32.1-283.1, 32.1-283.2, 44-146.18, 44-146.22, 52-8.3, 54.1-2517, 54.1-2523, and 56-575.4 amended; §§ 2.2-3705.1, 2.2-3705.2, 2.2-3705.3, 2.2-3705.4, 2.2-3705.5, 2.2-3705.6, 2.2-3705.7, and 2.2-3705.8 added; § 2.2-3705 repealed.
Freedom of Information Act; reorganization of record exemptions. Reorganizes current § 2.2-3705, the listing of records that are not subject to the mandatory disclosure requirements of the Freedom of Information Act. The bill would repeal § 2.2-3705 and in its place, create seven new sections grouping the exemptions by general subject area. The proposed groupings would include exemptions of general application, exemptions relating to public safety, exemptions relating to administrative investigations, exemptions relating to educational records and educational institutions, exemptions relating to health and social services, exemptions relating to proprietary records and trade secrets, and exemptions applicable to specific public bodies. Like a title revision, the reorganization of § 2.2-3705 involves only technical changes and makes no substantive changes. The bill contains other technical amendments to correct cross references to § 2.2-3705, which is being repealed by this bill. The bill is a recommendation of the Virginia Freedom of Information Advisory Council. SB 352; CH. 690.

§§ 2.2-3703, 2.2-3705, and 2.2-3711 amended.
Freedom of Information Act; applicability; sexually violent predator commitment review committee. Provides that the records of the Commitment Review Committee involving the commitment of sexually violent predators under Article 1.1 (§ 37.1-70.1 et seq.) of Chapter 2 of Title 37.1 are exempt from disclosure under the Freedom of Information Act. The bill further provides that in no case shall records relating to the victims of sexually violent predators be disclosed. The bill also contains an open meeting exemption for the Commitment Review Committee when discussing or considering records excluded by the bill. Currently, the Commitment Review Committee is not subject to the Freedom of Information Act. The bill is a recommendation of the Virginia Freedom of Information Advisory Council. SB 354; CH. 398.

§ 2.2-3705 amended.
Freedom of Information Act (FOIA); record exemption; certain park and recreation records. The bill adds an exemption from the mandatory disclosure requirements of FOIA for records of state or local park and recreation departments to the extent such records contain information identifying a person under the age of 18 years, where the parent or legal guardian of such person has requested in writing that such information not be disclosed. However, nothing in this subdivision shall operate to prohibit the disclosure of information defined as directory information under regulations implementing the Family Educational Rights and Privacy Act, 20 U.S.C. §1232 g, unless the public body has undertaken the parental notification and opt-out requirements provided by such regulations. HB 168; CH. 832.

§ 2.2-3705 amended.
Freedom of Information Act (FOIA); record exemption; citizen emergency response teams. Provides an exemption from the mandatory disclosure requirements of FOIA for records of the Virginia Department of Emergency Management or a local governing body relating to citizen emergency response teams established pursuant to an ordinance of a local governing body, to the extent that such records reveal the name, address, including e-mail address, telephone or pager numbers, or operating schedule of an individual participant in the program. HB 347; CH. 426.

§ 2.2-3705. See § 32.1-127.1:03; HB 877.

§ 2.2-3705 amended.
Freedom of Information Act (FOIA); record exemption; certain records of the Department of Criminal Justice Services. Adds a record exemption for confidential investigations of applications for licenses, certification or registration submitted by private security services businesses to the Private Security Unit of the Department of Criminal Justice Services, and records of active investigations connected with such applications or of any such licensee, certificate holder or registrant of the Department. HB 1246; CH. 766.

§ 2.2-3705 amended.
Freedom of Information Act (FOIA); record exemption; certain emergency service records. Provides an exemption from the mandatory disclosure requirements of FOIA for subscriber data, which for the purposes of the exemption, means the name, address, telephone number, and any other information identifying a subscriber of a telecommunications carrier, provided directly or indirectly by a telecommunications carrier to a public body that operates a 911 or E-911 emergency dispatch system or an emergency notification or reverse 911 system, if the data is in a form not made available by the telecommunications carrier to the public generally. The bill provides that nothing shall prevent the release of subscriber data generated in connection with specific calls to a 911 emergency system, where the requester is seeking to obtain public records about the use of the system in response to a specific crime, emergency or other event as to which a citizen has initiated a 911 call. HB 1364; CH. 482.

§§ 2.2-3705 and 2.2-3711 amended.
Freedom of Information Act (FOIA); record and meeting exemptions for the Virginia Commission on Military Bases. Provides an exemption from the mandatory disclosure provisions of FOIA for the Commission on Military Bases created by the Governor pursuant to Executive Order No. 49 (2003) for records that contain information relating to vulnerabilities of military bases located in Virginia and strategies under consideration or developed by the Commission to limit the effect of or to prevent the realignment or closure of federal military bases located in Virginia. The bill also contains an open meeting exemption for the Commission when discussing these records. The bill provides that its provisions will expire on July 1, 2006. HB 1396; CH. 770 (effective 4/12/04).

§ 2.2-3705. See § 32.1-42; HB 1483/SB 685.

§ 2.2-3705 amended.
Freedom of Information Act (FOIA); record exemption; certain client lists. Adds an exemption from the mandatory disclosure requirements of FOIA for records containing the names and addresses or other contact information of persons receiving transportation services from a state or local public body or its designee under Title II of the Americans with Disabilities Act, (42 U.S.C. § 12131 et seq.) or funded by Temporary Assistance for Needy Families created under § 63.2-600. SB 149; CH. 666.

§ 2.2-3705. See § 32.1-127.1:03; SB 337.

§ 2.2-3705 amended.
Freedom of Information Act; record exemption; economic development. Clarifies that the record exemption for proprietary information and other records related to economic development efforts applies to those enumerated state and local or regional economic development agencies to whom such information is provided or used. SB 394; CH. 593.

§ 2.2-3705 amended.
Freedom of Information Act; record exemption; investigations of local auditors. Expands the current record exemption for investigative notes, correspondence and information furnished in confidence to certain state auditors to the same records of designated internal auditors of any school board or local governing body having the authority by charter, statute or ordinance to conduct confidential investigations, including committees established pursuant to § 15.2-825, of any officer, department or program of such body. SB 562; CH. 605.

§§ 2.2-3705. See § 32.1-42; SB 685.

§ 2.2-3706 amended.
Freedom of Information Act; record exemption; cell phone numbers of law-enforcement personnel. Provides that records of the telephone numbers for cellular telephones, pagers, or comparable portable communication devices provided by a law-enforcement agency to its personnel for use in the performance of their official duties are exempt from the mandatory disclosure requirements of the Freedom of Information Act. HB 538; CH. 735/SB 297; CH. 685.

§§ 2.2-3707 and 30-179 amended; § 2.2-3704.1 added.
Freedom of Information Act (FOIA); posting by certain state public bodies; minutes. Requires all state public bodies created in the executive branch of state government and subject to FOIA to make available certain information to the public upon request and to post such information on the Internet, including: (i) a plain English explanation of the rights of a requester under FOIA, the procedures to obtain public records from the public body, and the responsibilities of the public body in complying with FOIA; (ii) contact information for the person designated by the public body to (a) assist a requester in making a request for records or (b) respond to requests for public records; and (iii) any policy the public body has concerning the type of public records it routinely withholds from release as permitted by FOIA. The bill requires the Freedom of Information Advisory Council to assist state public bodies in the development and implementation of this information, upon request. The bill also specifies what information must be included in minutes of open meetings. HB 358; CH. 730.

§ 2.2-3707 amended; § 2.2-3707.01 added.
Freedom of Information Act (FOIA); exclusions. Provides that public access to meetings of the General Assembly, except floor sessions, committee or subcommittee meetings and conference committee meetings, shall be governed by rules established by the Joint Rules Committee. Floor sessions and committee and subcommittee meetings will continue to be open to the public. The Joint Rules Committee must hold regional public hearings at least 60 days before the adoption of the rule. The bill provides that meetings of political party caucuses of either house of the General Assembly are excluded from the meeting provisions of FOIA. HB 1357; CH. 768.

§ 2.2-3808.2. See § 17.1-279; SB 241.

§ 2.2-3808.3 added.
Government Data Collection and Dissemination Practices Act; unique identifying numbers limited on public records. Prohibits filing or creating public records that contain more than the last four digits of any unique identifying number, unless such use is required by law or the record is exempt from disclosure. The bill defines unique identifying number as any alphabetic or numeric sequence, or combination thereof, that is unique and assigned to a specific natural person at that person's request and includes, but is not limited to, social security number, bank account number, credit card number, military service number and driver's license number. The bill excludes from this definition any arbitrarily assigned alphabetic or numeric sequence, or combination thereof, that is assigned to a natural person for purposes of identification, in lieu of social security numbers, and used for a single, specific government purpose. Either preparers or filers of such documents must certify that the document complies with this prohibition before the documents can be filed. The bill contains a reenactment clause. HB 543; CH. 736.

§§ 2.2-4002, 3.1-398, and 35.1-14 amended.
Department of Agriculture and Consumer Services; Department of Health; adoption of the Food Code. Clarifies that the provisions of the Administrative Process Act do not apply to the adoption, amendment or repeal of any regulations by the Boards of Agriculture and Consumer Services and Health that are based on any supplement or more recent edition of the Food and Drug Administration's Food Code. The Boards of Agriculture and Consumer Services and Health are still required to publish an opportunity for public comment prior to adopting, amending or repealing these regulations. HB 784; CH. 802.

§ 2.2-4018. See § 22.1-253.13:3; HB 1294.

§ 2.2-4301 amended.
Virginia Public Procurement Act; contracts for professional services. Provides that state contracts for architectural or professional engineering services, with the exception of those awarded for environmental, location, design and inspection work regarding highways and bridges by the Commonwealth Transportation Commissioner may be renewable for four additional one-year terms. Under current law such contracts are renewable for two additional one-year terms. The bill also increases for state agencies, subject to the approval of the Director of the Department of General Services, the allowable yearly limits on such contracts from $500,000 to $1 million and the limit on a project fee for a single project from $100,000 to $200,000. HB 1039; CH. 458.

§§ 2.2-4303 and 2.2-4304 amended.
Virginia Public Procurement Act; online auctions and the General Services Administration. Adds online public auctions and the United States General Services Administration as procurement sources available to public bodies. The bill also provides that state public bodies may purchase telecommunications and information technology goods and nonprofessional services from any contract maintained by GSA upon the approval of the Chief Information Officer. HB 470; CH. 906/SB 95; CH. 874.

§§ 2.2-4303 and 2.2-4308 amended.
Virginia Public Procurement Act; design-build construction management contracts. Raises the limit on design-build construction contracts from $500,000 to $1 million. The bill provides that for contracts under $1 million, local public bodies do not have to obtain the approval of the Design-Build Review Board. SB 525; CH. 706.

§ 2.2-4304 amended.
Public Procurement Act; cooperative procurement U.S. General Services Administration. Authorizes state and local entities to enter into a cooperative procurement agreement to purchase from any contract of the United States General Services Administration or the contract of any other federal agency. Regarding such contracts, the bill specifically authorizes (i) state entities, with the approval of the Director of the Division Purchases and Supply, to purchase goods and nonprofessional services other than telecommunications and information technology, (ii) state entities, with the approval of the Chief Information Officer, to purchase telecommunications and information technology goods, and (iii) localities to purchase goods and nonprofessional services. HB 749; CH. 911/SB 302; CH. 936.

§§ 2.2-4310 and 2.2-4343 amended; § 15.2-965.1 added.
Virginia Public Procurement Act; small, women- and minority-owned business participation. Authorizes the Governor and localities to implement remedial programs when there exists a rational basis for small business enhancement or an analysis that documents statistically significant disparity between the availability and utilization of women- and minority-owned businesses. The bill also provides that any analysis performed by the Governor or a locality as a basis for determining the existence of discrimination based on race or gender in the awarding of contracting opportunities shall comply with the procedural and evidentiary standards established by the United States Supreme Court in The City of Richmond v. J. A. Croson Company, 488 U.S. 469, (1985). HB 1145; CH. 865/ SB 598; CH. 891.

§ 2.2-5211 amended.
Shelter care for juveniles; funding. Provides that where a juvenile court places a juvenile in a community or facility-based treatment program in accordance with the requirements of subsection B of § 16.1-248.1, the costs of that placement shall be funded out of the state pool of funds for community policy and management teams. HB 598; CH. 286.

§ 2.2-5211 amended.
Financial and legal responsibility for special education services for certain individuals with disabilities placed across jurisdictional lines pursuant to the Comprehensive Services Act. Clarifies that, in any instance in which an individual who is 18 through 21 years of age, inclusive, who is eligible for funding from the state pool and is properly defined pursuant to state education law as a school-aged child with disabilities is placed by a local social services agency that has custody across jurisdictional lines in a group home in the Commonwealth and the individual's individualized education program (IEP), as prepared by the placing jurisdiction, indicates that a private day school placement is the appropriate educational program for such individual, the financial and legal responsibilities for the individual's special education services and IEP shall remain, in compliance with the provisions of federal law, Article 2 (§ 22.1-213 et seq.) of Chapter 13 of Title 22.1, and Board of Education regulations, the responsibility of the placing jurisdiction until the individual reaches the age of 21, inclusive, or is no longer eligible for special education services. The financial and legal responsibilities for such special education services shall remain with the placing jurisdiction, unless the placing jurisdiction has transitioned all appropriate services with the individual. HB 1047; CH. 631.

§§ 2.2-5512 and 2.2-5513 added.
Competitive Government Act. Requires the Governor to conduct biennially an enterprise-wide examination of the commercial activities that are being performed by state employees to ensure that such activities are being accomplished in a most cost-efficient and effective manner. The examination may be conducted by a commercial source through a solicitation under the Public-Private Education Facilities and Infrastructure Act or the Public Procurement Act. The bill also provides for the Secretary of Administration to submit a report on the initial examination to the Governor and the Chairs of Appropriations and Senate Finance by January 1, 2006 and thereafter every two years. In addition, the bill provides for the Secretaries of Administration, Finance and Technology to update the list of commercial activities established by the Commonwealth Competition Council and to provided guidance to state agencies in outsourcing efforts. HB 1043; CH. 994.