TITLE 2.2. ADMINISTRATION OF GOVERNMENT.

§§ 2.2-106 and 2.2-107 amended.
Gubernatorial appointments; confirmation processes. Provides for delivery of resumes and statements of economic interests for gubernatorial appointees by the Secretary of the Commonwealth to the two Committees on Privileges and Elections and for a joint subcommittee of the two Committees to review those papers. This bill is a recommendation of the Joint Subcommittee to Study the Appropriate Balance of Power between the Legislative and Executive Branches to Support a Two-Term Governor in the Commonwealth (HJR 13, 2004). HB 2144; CH. 803/SB 999; CH. 938

§§ 2.2-122, 2.2-604, 2.2-2200, and 2.2-3901.
See § 1-200; HB 2640.

§§ 2.2-203.1 and 2.2-2817.1 amended.
State employees; telecommuting and alternative work schedules. Requires the Secretary of Administration, in developing a telecommuting policy for state employees, to include identification of broad categories of positions determined to be ineligible to participate in telecommuting and the justification for that determination. The bill also requires each agency head in his annual report to the Secretary of Administration to include specific budget requests for information technology, software, or other equipment needed to increase opportunities for telecommuting and participation in alternate work locations. HB 2612; CH. 421.

§ 2.2-203.2:1 added.
Secretary of Administration; state job elimination due to privatization; report. Requires the Secretary of Administration, on or before November 30 of each year, to report to the Governor and the General Assembly on the number of state jobs eliminated in the immediately preceding fiscal year due to the privatization of commercial activities to a commercial source. HB 2557; CH. 476.

§ 2.2-213.1 added.
Long-term health care public information campaign. Requires the Secretary of Health and Human Resources and the Commissioner of Insurance to develop a long-term health care public information campaign to inform the citizens of the Commonwealth of (i) the impending long-term health care crisis, its effect on the Virginia Medicaid program, and its effect on the finances of families and their estates; (ii) alternatives to institutional long-term health care; and (iii) common terminology contained in long-term care insurance policies and certificates and explanations therefor. HB 2166; CH. 92.

§ 2.2-215.
See § 10.1-1186.5; SB 1103.

§ 2.2-221.1 added.
Secretary of Public Safety; duties. Requires the Secretary to establish a system for coordinating offender transitional and reentry services among state, local, and non-profit agencies. The bill also states the intent of the General Assembly that funds used for these purposes be leveraged to the fullest extent possible. HB 1763; CH. 153.

§ 2.2-426 amended.
Lobbyist Disclosure and Regulation Act; reporting. Changes from January 5 to December 15 the date on which registered lobbyists must provide statements to legislative and executive officials with whom they have lobbied. The bill also changes the reporting period for the statements from January 1 through December 31 to December 1 through November 30. This bill is a recommendation of HJR 186 (2004) Joint Subcommittee. HB 2112; CH. 90.

§§ 2.2-507 and 10.1-501 amended.
Attorney General; duties; representation of soil and water conservation districts. Allows the Attorney General to represent soil and water conservation districts and district directors in civil litigation if requested by the attorney for the Commonwealth. Currently such representation is provided by the attorney for the Commonwealth of the county or city in which the suit or action arises. SB 1294; CH. 236.

§ 2.2-703.
See § 63.2-1702; HB 2512/SB 1183.

§§ 2.2-711 and 2.2-712.
See § 37.1-134.14:1; SB 719.

§§ 2.2-720, 3.1-14, 3.1-73.5, 3.1-249.29, 4.1-115, 5.1-30.9, 10.1-1018, 10.1-1021, 10.1-1322, 15.2-5912, 17.1-100, 22.1-209.1:3, 23-1.01, 23-9.2:3.1, 23-38.84, 30-34.15, 30-84, 59.1-369, 62.1-222, and 63.2-1529 amended. §§ 10.1-1018.1 and 30-19.8:1 added; §§ 23-101 and 23-102 repealed.
Reporting requirements of certain agencies and collegial bodies. Changes or clarifies the reporting requirements of certain reports by the Commissioner of Agriculture and Consumer Services (farmers' market system report and consumer affairs activities report), the Alcoholic Beverage Control Board (annual report), the Alzheimer's Disease and Related Disorders Commission (annual report), the Virginia College Savings Plan (annual report), the Board of Education (Virginia advancement via individual determination (VAID) report), the Department of Environmental Quality (air permit program evaluation report), the Hampton Roads Sports Facility Authority (annual report), Virginia Military Institute (annual report of the treasurer), the Virginia Racing Commission (annual report), the Pesticide Control Board (annual report), the Virginia Resources Authority (airports revolving fund annual report and annual report on activities), the Supreme Court of Virginia (judicial performance evaluation report), the board of visitors of Virginia's public universities and colleges (retirement compensation plans and annual financial reports), joint subcommittees (study reports), and legislative statutory commissions (annual reports). The bill also gives the Director of the Division of Legislative Automated Systems the authority to enter into agreements with the publishing authority to provide equivalent access to the reports, such as the hosting of the information on the publisher's website with a link from the General Assembly's homepage. HB 2321; CH. 633.

§§ 2.2-720, 2.2-2452, 2.2-2503, 2.2-2514, 2.2-2621, 2.2-2628, and 2.2-2705.
See § 30-73.2; SB 1115.

§ 2.2-1100 amended.
Department of General Services; authority of the director. Clarifies the authority of the Director of the Department of General Services to establish divisions within the Department and to reassign the duties of the Department among its divisions. HB 1944; CH. 385.

§§ 2.2-1104, 2.2-2101, and 2.2-3802.
See § 9.1-102; HB 2216/SB 1153.

§ 2.2-1111 amended.
Department of General Services; regulations of the Division of Purchases and Supply; sheltered workshops. Requires the Division of Purchases and Supply to adopt regulations that establish conditions under which a public body shall demonstrate a good faith effort to ensure that state contracts or subcontracts for goods or services that involve the manual packaging of bulk supplies or the manual assemblage of goods where individual items weigh less than 50 pounds be offered to nonprofit sheltered workshops or other nonprofit organizations that offer transitional or supported employment services for the handicapped. HB 2326; CH. 817.

§§ 2.2-1124, 2.2-1132, 2.2-1149, 2.2-1150, 2.2-1153, 2.2-1404.1, 2.2-1514, 2.2-2007, 2.2-2901, 2.2-5004, and 2.2-5005.
See § 23-9.6:1; HB 2866/SB 1327.

§ 2.2-1201 amended.
Department of Human Resource Management; employee suggestions program. Provides that state employees who make a suggestion or proposal under the Employee Suggestion Program shall receive initial confirmation of receipt within 30 days. A determination of the feasibility of the suggestion or proposal shall occur with 60 days of initial receipt. The bill also requires the Department of Human Resource Management to report annually to the Governor and the General Assembly on (i) the number of proposals received and what, if any, actions were taken on them; (ii) the number of proposals that were implemented and the results of those efforts in eliminating or reducing state expenditures or improving operations; (iii) the number of dollars and awards made to employees for adopted proposals; (iv) the actual cost savings realized as a result of implementing such proposals; and (v) the number of proposals that were not implemented or acted upon with an explanation or justification for inaction. HB 1946; CH. 386.

§ 2.2-1501 amended; § 2.2-1502.1 added.
Department of Planning and Budget; powers and duties; school efficiency review program. The bill requires school divisions to pay 25 percent of the cost of the school efficiency review in the fiscal year immediately following the completion of the final school efficiency review report. Provides for the Director of the Department of Planning and Budget to develop, coordinate and manage a school efficiency review program. The bill also provides, that commencing with reviews completed in fiscal year 2006, partial recovery of the cost of individual reviews may be made in the fiscal year beginning not less than 12 months and not more than 24 months following the release of a final efficiency review report for an individual school division. Such recovery may occur if the affected school division superintendent or superintendent's designee has not certified that at least half the recommendations have been implemented or at least half of the equivalent savings of such efficiency review have been realized. Lacking such certification, the school division shall reimburse the state for 25 percent of the cost of the school efficiency review. Such reimbursement shall be paid into the general fund of the state treasury. HB 1967; CH. 620.

§ 2.2-1822.1 amended.
Department of Accounts; recovery audits of state contracts. Eliminates the 10 percent cap on the percentage of payment errors a private contractor may retain for performing recovery audits of state agency contracts. HB 2478; CH. 109.

§ 2.2-1837.
See § 24.2-121; HB 2383/SB 898.

§ 2.2-1839.
See § 54.1-3900.01; HB 2549/SB 831.

§ 2.2-2002 amended; § 2.2-2002.1 added.
Department of Veterans Services; department personnel. Provides that the Commissioner shall be responsible for appointing the personnel assigned to each service office and for determining the compensation to be paid to such personnel. In determining the number of personnel assigned to each service office, the Commissioner is required to ensure the number of employees assigned to the processing of benefit claims is sufficient to maintain a ratio of one staff person for every 26,212 veterans residing in the Commonwealth. The Commissioner is also required to ensure that the personnel assigned to processing benefit claims provide these services to veterans in locations other than the service office at least one day per week. HB 2851; CH. 888.

§ 2.2-2010 amended; § 2.2-2032 repealed.
Virginia Information Technologies Agency; Virginia Information Providers Network. Dissolves the Virginia Information Providers Network as a separate division of the Virginia Information Technologies Agency (VITA) and gives its authority directly to VITA. SB 1027; CH. 939.

§ 2.2-2101.
See § 22.1-212.17; HB 1769.

§ 2.2-2101.
See § 23-14; HB 2071/SB 1293.

§§ 2.2-2101 and 2.2-2648 amended.
Comprehensive Services Act; State Executive Council. Adds two General Assembly members to the State Executive Council for Comprehensive Services for At-Risk Youth and Families. HB 2787; CH. 930.

§ 2.2-2220 amended.
Innovative Technology Authority. Repeals the requirement for the Innovative Technology Authority to establish a technical advisory committee. Other entities now fulfill that role. HB 2860; CH. 439.

§ 2.2-2235 amended.
Virginia Economic Development Partnership Authority; membership of the board of directors. Increases the membership of the board of directors of the Virginia Economic Development Partnership Authority from 13 to 19 by adding four members appointed by the Speaker of the House of Delegates and two members appointed by the Senate Committee on Rules. Under the bill, the six members appointed by the General Assembly shall reside in regions of the Commonwealth that have a higher unemployment rate than the statewide unemployment average as reported by the Virginia Employment Commission for the preceding four years from the date of appointment. The bill also provides for staggered initial terms of the new members. SB 1298; CH. 900.

§ 2.2-2238.1 amended.
Virginia Economic Development Partnership Authority; economic development services in distressed areas. Requires various authorities, state agencies, and institutions of higher education to jointly develop and implement a rural economic development strategic plan that at a minimum addresses: (i) education, including pre-kindergarten, primary, secondary and post-graduate resources, and comprehensive workforce development programs, as they may pertain to the Workforce Development Act; (ii) infrastructure, including capital for water and sewer upgrading, waste management, law enforcement, housing, primary and secondary roads, and telecommunications; (iii) traditional industrial development and industry retention programs, including assistance in financing and in workforce training; (iv) recreational and cultural enhancement and related quality of life measures, including parks, civic centers, and theaters; (v) agribusiness incentives to promote the use of new technologies, and the exploration of new market opportunities; and (vi) a revolving loan fund or loan guarantee program to help start or expand entrepreneurial activities, especially small business activities in rural communities. The bill also requires an annual report until the strategic plan is fully implemented. HB 2027; CH. 797/SB 893; CH. 737.

§ 2.2-2285.
See § 59.1-284.1; HB 2061.

§ 2.2-2318 amended.
Virginia Tourism Authority. Requires the Virginia Tourism Authority to develop a comprehensive plan to promote destinations of historical and other significance located throughout the Commonwealth in anticipation of the 400th anniversary of the Jamestown settlement. SB 1307; CH. 360.

§§ 2.2-2328 through 2.2-2335 added.
Virginia Defense Industrial Authority. Establishes the Virginia Defense Industrial Authority to promote business, technology, transportation, education, economic development and other efforts in support of the mission, execution and transformation of the Unites States government military and national defense activities located in the Commonwealth. HB 2925; CH. 858.

§§ 2.2-2459, 2.2-2460, and 2.2-2461 added.
Latino Advisory Board. Establishes the Latino Advisory Board to advise the Governor regarding the development of economic, professional, cultural, educational, and government links between the Commonwealth of Virginia, the Latino community in Virginia, and Latin America. The Council is composed of 21 citizen members of whom at least 15 must be of Latino descent. In addition, Secretaries of the Commonwealth, Commerce and Trade, Education, Health and Human Resources, Public Safety, and Transportation, or their designees, serve as ex officio members. The bill has a delayed effective date of October 15, 2005. HB 2420; CH. 636 (effective 10/15/05).

§ 2.2-2514 amended.
Virginia Research and Technology Advisory Commission; membership. Increases from 29 to 31 the membership of the Virginia Research and Technology Advisory Commission by adding the Vice-Provost of Research at the Eastern Virginia Medical School or his designee and one citizen member representing research- and technology-intensive industries appointed by the Governor. The bill also contains technical amendments. HB 1691; CH. 611.

§ 2.2-2514 amended.
Virginia Research and Technology Advisory Commission. Increases the membership of the Virginia Research and Technology Advisory Commission from 29 to 31 by adding the Eastern Virginia Medical School as an academic research institution member and by adding an additional member representing research- and technology-intensive industries appointed by the Governor. The bill also includes technical amendments to reference the correct titles and names of certain ex officio members and to alphabetize the research institutions. SB 1148; CH. 687.

§§ 2.2-2628 and 2.2-2629 amended.
Council on Indians. Increases the membership of the Council on Indians from the current 16 members to 18. The bill gives the Council two new powers: (i) to advise the Governor on issues affecting Virginia's Indian communities and (ii) to educate the public on Virginia Indians. HB 1712; CH. 61.

§ 2.2-2639 amended.
Human Rights Council; limitation on causes of actions. Increases from 180 to 300 days the time within which an action may be brought by an employee challenging an unlawful discharge. The bill contains technical amendments. HB 2907; CH. 857.

§ 2.2-2639 amended.
Employment discrimination; causes of action in cases alleging employment discrimination. Provides that the current limitation of 180 days from the discharge for bringing a court action alleging employment discrimination is extended in instances where the employee has filed a discrimination complaint with the Virginia Human Rights Council or a local human rights or human relations agency. In such instances the time for bringing the court action is 90 days from the date that the Council or a local human rights or human relations agency or commission has rendered a final disposition on the complaint. SB 1079; CH. 756.

§ 2.2-2639 amended.
Virginia Human Rights Act. Extends the amount of time that an employee has to bring an action under the Act from 180 days to 300 days after discharge from employment. SB 1258; CH. 770.

§§ 2.2-2664, 2.2-5300, 2.2-5304, and 2.2-5305 amended; § 2.2-5304.1 added.
Virginia Interagency Coordinating Council; establishment of local early intervention systems. Authorizes the state lead agency for early intervention to contract with local lead agencies for the implementation of local early intervention systems statewide. Under the bill, a local lead agency shall have the duty to (i) establish and administer a local system of early intervention services that are in compliance with all relevant federal and state policies and procedures, (ii) implement consistent and uniform policies and procedures for the determination of parental liability and fees for intervention services, and (iii) manage relevant state and federal early intervention funds for the local early intervention system. SB 1188; CH. 695.

§ 2.2-2666.1.
See § 46.2-744.1; SB 884.

§§ 2.2-2690 through 2.2-2695 added.
The Interagency Civil Admissions Advisory Council established. Establishes the Interagency Civil Admissions Advisory Council (the Council) as an advisory council in the executive branch of state government. The purpose of the Council is to study issues related to the provisions of Virginia law regarding the emergency custody, temporary detention, admission, and involuntary inpatient and outpatient treatment of persons with mental illness, to propose recommendations and provide advice addressing those issues, and to improve the coordination and effectiveness of the implementation of those recommendations. HB 2037; CH. 81.

§§ 2.2-2690, 2.2-2691, 2.2-2905, and 2.2-3705.5.

See § 37.2-100; SB 1023.

§ 2.2-2702.
See § 58.1-344.3; HB 2303.

§ 2.2-2702.
See § 58.1-344.3; SB 803.

§§ 2.2-2720 and 2.2-2723 amended.
Center for Rural Virginia. Provides that in the event of the dissolution of the Center, assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or shall be distributed to the Commonwealth or a local government for a public purpose. The bill contains an emergency clause. SB 1301; CH. 703 (effective 3/23/05).

§§ 2.2-2725 through 2.2-2731.
See § 30-192.7; SB 804.

§ 2.2-2818.
See § 38.2-5601; HB 1492/SB 1097.

§ 2.2-2818.
See § 59.1-200; HB 2482.

§ 2.2-2818.
See § 38.2-3407.13:2; SB 904.

§ 2.2-2902.1 added.
Virginia Personnel Act; rights of employees to contact elected officials. Provides that nothing in the Virginia Personnel Act or Chapter 12 (§ 2.2-1200 et seq.) of Title 2.2 shall be construed to prohibit or otherwise restrict the right of any state employee to express opinions to state or local elected officials on matters of public concern, nor shall a state employee be subject to acts of retaliation because the employee has expressed such opinions. The bill defines "matters of public concern" as those matters of interest to the community as a whole, whether for social, political, or other reasons and shall include discussions that disclose any (i) evidence of corruption, impropriety, or other malfeasance on the part of government officials; (ii) violations of law; or (iii) incidence of fraud, abuse, or gross mismanagement. HB 2872; CH. 483.

§§ 2.2-2903 and 15.2-1509 amended.
Veterans; hiring preference. Requires the state in its employment selection practices to give additional consideration to veterans who have a service-connected disability rating fixed by the United States Veterans Administration. The bill also requires local governing bodies to give a preference to veterans in their employment policies and practices. HB 2428; CH. 413.

§ 2.2-3114 amended.
Conflict of Interests Act; disclosure filings. Provides that the Secretary of the Commonwealth distributes the required disclosure statement forms to state officers and employees, including officers appointed by legislative authorities. This bill is a recommendation of the Joint Subcommittee to Study the Appropriate Balance of Power between the Legislative and Executive Branches to Support a Two-Term Governor in the Commonwealth (HJR 13, 2004). HB 2136; CH. 169.

§ 2.2-3118.1 added.
State and Local Government Conflict of Interest Act; disclosure of economic interests. Provides that the filing of a single current statement of economic interests or financial disclosure statement by a state officer or employee shall suffice as the economic interest statement or financial disclosure statement for all state positions or offices held or sought during a single reporting period. The bill also provides that a state officer or employee who meets the annual January filing requirement shall not be required to file an additional statement upon such individual's reappointment provided that the reappointment occurs within 12 months after the submission of the annual filing. The bill is a recommendation of the HJR 186 (2004) Joint Subcommittee. HB 2111; CH. 397.

§ 2.2-3306 amended.
Arbor Day. Changes the day that Virginia celebrates Arbor Day from the second Friday in April to the last Friday in April. This change brings Virginia's day into conformity with the day of the federally designated Arbor Day. The bill contains an emergency clause. SB 791; CH. 242 (effective 3/20/05).

§ 2.2-3311.1 added.
Designation of a day of recognition for direct care staff and other long term care professionals. Designates the second Wednesday of every June as a day of recognition to acknowledge the contributions of and pay tribute to the direct care staffs and members of other professions that provide dedicated assistance and health care services to enhance the quality of life of persons receiving long term care in the Commonwealth. HB 1980; CH. 454.

§§ 2.2-3601, 2.2-3602, 2.2-3605, 32.1-48.016, and 44-146.23 amended.
Civil immunity; certain emergency services and preparedness personnel.  Amends the immunity provisions of the Virginia State Government Volunteers Act, the law relating to isolation of persons with communicable diseases of public health threat, and the emergency services and disaster statutes to cover persons who serve in a Medical Reserve Corps (MRC) unit or on a Community Emergency Response Team (CERT). HB 2520; CH. 474.

§ 2.2-3705.2 amended.
Freedom of Information Act (FOIA); public safety exemptions; certain 911 or E-911 records. Exempts from the mandatory disclosure requirements of FOIA, subscriber data (defined as the name, address, telephone number, and any other information identifying a subscriber of a telecommunications carrier) collected by a local governing body in accordance with the Enhanced Public Safety Telephone Services Act (§ 56-484.12 et seq.), and other identifying information of a personal, medical or financial nature provided to a local governing body in connection with a 911 or E-911 emergency dispatch system or an emergency notification or reverse 911 system, if such records are not otherwise publicly available. The bill further 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 2399; CH. 410.

§ 2.2-3705.3 amended.
Freedom of Information Act; exemptions; Department of Criminal Justice Services. Exempts from mandatory disclosure records of active investigations that are conducted by the Department of Criminal Justice Services involving applicants and regulants as private security businesses, special conservators of the peace, bail bondsmen, and bail enforcement agents. HB 2729; CH. 601.

§ 2.2-3705.5.
See § 54.1-2969; HB 2516/SB 1109.

§§ 2.2-3705.6 and 2.2-3711 amended.
Virginia Freedom of Information Act; exemptions; local wireless service authorities. Excludes from the mandatory disclosure requirements of the Virginia Freedom of Information Act (FOIA) confidential proprietary records and trade secrets developed by or for a local authority created in accordance with the Virginia Wireless Service Authorities Act (§ 15.2-5431.1 et seq.) that provides qualifying communications services as authorized by Article 5.1 (§ 56-484.7:1 et seq.) of Chapter 15 of Title 56 where disclosure of such information would be harmful to the competitive position of the authority. The bill also grants an open meeting exemption for discussions of such records by a local wireless service authority. The bill contains technical amendments. HB 2404; CH. 411.

§§ 2.2-3705.6 and 2.2-3711.
See § 56-265.4:4; SB 959.

§ 2.2-3705.7.
See § 44-146.18; HB 2032.

§ 2.2-3705.7.
See § 17.1-913; SB 1157.

§§ 2.2-3707, 2.2-3707.01, and 2.2-3708 amended.
Freedom of Information Act; electronic communication meetings. Reduces the notice required for electronic communication meetings from 30 days to seven working days. The bill also (i) eliminates the 25 percent limitation on the number of electronic meetings held annually; (ii) eliminates the requirement that an audio or audio/visual recording be made of the electronic communication meeting, but retains the requirement that minutes be taken pursuant to § 2.2-3707; (iii) allows for the conduct of closed meetings during electronic meetings; (iv) changes the annual reporting requirement from the Virginia Information Technology Agency to the Virginia Freedom of Information Advisory Council and the Joint Commission on Technology and Science; and (v) expands the type of information required to be reported. The bill specifies that regular, special, or reconvened sessions of the General Assembly held pursuant Article IV, Section 6 of the Constitution of Virginia are not meetings for purposes of the electronic communication meeting provisions. The bill also defines "electronic communication means." The bill is a recommendation of the VA Freedom of Information Advisory Council and the Joint Commission on Technology and Science. SB 1196; CH. 352.

§ 2.2-3711.
See § 24.2-625.1; HB 2930.

§§ 2.2-4006, 2.2-4021, 10.1-107, 10.1-502, 10.1-603.4, and 10.1-603.12:2 amended; § 10.1-566.1 added.
Stormwater management program. Updates the Department of Conservation and Recreation's stormwater management program authorities including: (i) exempting from the Administrative Process Act permits issued through a federally delegated program, (ii) changing the timing of the terms for the three at-large members of the Soil and Water Conservation Board, (iii) creating new reporting requirements for local plan-approving authorities, and (iv) authorizing the Soil and Water Conservation Board to establish a statewide permit fee schedule for stormwater management related to municipal separate storm sewer system permits. These changes are necessitated to clarify language related to the 2004 Stormwater Management Act consolidation. HB 2365; CH. 102.

§§ 2.2-4007 and 2.2-4027 amended; § 2.2-4007.1 added.
Administrative Process Act; regulatory flexibility for small businesses. Requires the Department of Planning and Budget, in addition to the economic impact analysis currently required for proposed regulations, to identify and estimate the number of small businesses subject to the regulation; the projected reporting, recordkeeping and other administrative costs required for compliance by such small businesses with the regulation; the probable effect of the regulation on affected small businesses; and any alternative method for achieving the purpose of the regulation while minimizing adverse impact on small businesses. A small business is defined as a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million. An agency proposing a regulation is also required to prepare a regulatory flexibility analysis in which it considers utilizing regulatory methods that will accomplish the objectives of applicable law while minimizing the adverse effect on small businesses. Agencies are also required to periodically review their regulations to determine if they should be continued, amended or repealed, in order to minimize the economic effect on small businesses. The measure also gives small businesses the right to judicial review of agency compliance with these requirements. HB 1948; CH. 619/SB 1122; CH. 682.

§§ 2.2-4303 and 2.2-4304 amended.
Virginia Public Procurement Act; methods of procurement. Requires approval of the Chief Information Officer of the Commonwealth for the purchase of information technology and telecommunications goods and services from a public auction or off of another public body's contract. The bill also provides that its provisions do not in any way amend or affect (i) the Commonwealth's institutions of higher education as such institutions are delegated the authority to purchase information technology facilities and services pursuant to any appropriation act adopted by the General Assembly or (ii) delegations of telecommunications procurement granted by the Virginia Information Technologies Agency. HB 2051; CH. 394.

§ 2.2-4324 amended.
Virginia Public Procurement Act; preference for Virginia firms. Provides that whenever the lowest responsive and responsible bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a preference, a like preference shall be allowed to the lowest responsible bidder who is a resident of Virginia. The bill provides if the lowest bidder is a resident of another state with an absolute preference, that bid shall not be considered. Currently, a preference for Virginia resident may be given. The bill further requires the Department of General Services to post and maintain certain information on the agency's website regarding preferences provided by other states. HB 2151; CH. 894.

§ 2.2-4343.1.
See § 57-16.1; HB 2697.

§ 2.2-4363 amended.
Virginia Public Procurement Act; contract disputes. Provides a default contract claim procedure in the event a public body has not included such a procedure in the procurement contract. The bill also provides that a failure of a public body to render a final decision on a contractual claim shall be deemed a denial of the claim, for which the contractor would have the right to institute legal action. The bill contains technical amendments. HB 2283; CH. 815.

§ 2.2-4510 amended.
Investment of funds in corporate notes; Department of the Treasury. Allows the Department of the Treasury to invest money belonging to it or within its control in high quality corporate notes with a rating of at least BBB or Baa2 by two rating agencies as long as one of the rating agencies is either Moody's Investors Service, Inc., or Standard and Poors, Inc. If investing in investment securities rated below A, the Commonwealth Treasury Board must establish guidelines concerning the investment and monitor their performance. HB 932; CH. 30.

§§ 2.2-5100, 2.2-5101, 2.2-5103, 2.2-5104 amended; § 2.2-5102.1 added.
Investment Partnership Act. Authorizes the Virginia Economic Development Partnership authority to issue grants under certain circumstances and distinguishes between Virginia companies that are located in large metropolitan areas and those located in other areas of the state by establishing different criteria for eligibility in terms of job creation and capital investment. The bill makes certain businesses engaged in conducting research and experimental development that supports manufacturing in the physical, engineering, and life sciences eligible for Virginia Investment Performance Grants. The bill also caps investment performance grants at $1.5 million for eligible projects. HB 2732; CH. 431.