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2016 SESSION

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(HB858)

GOVERNOR'S RECOMMENDATION

 

    1. Line 4, enrolled, Title, after through

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    2. Line 10, enrolled, after through

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    3. Line 52, enrolled, after Governor.

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        The Chief Executive Officer shall employ or retain such agents or employees subordinate to him as may be necessary to fulfill the duties of the Corporation as conferred upon the Chief Executive Officer. Employees of the Corporation, including the Chief Executive Officer, shall be eligible for membership in the Virginia Retirement System and participation in all of the health and related insurance and other benefits, including premium conversion and flexible benefits, available to state employees as provided by law. 

 

    4. Line 55, enrolled, after product

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        and services

 

    5. Line 68, enrolled, after capabilities;

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        the remainder of line 68

         

 

    6. Line 71, enrolled, after commerce

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        . [the period]

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        ; [a semicolon]

 

    7. At the beginning of line 72, enrolled

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        7. Adopt, amend, and repeal bylaws, rules, and regulations, not inconsistent with this article, for the administration and regulation of its affairs, to carry into effect the powers and purposes of the Corporation, and for the conduct of its business;

        8. Maintain an office at any place within or without the Commonwealth that it designates;

        9. Make and execute contracts and all other instruments and agreements necessary or convenient for the performance of its duties and the exercise of its owners and functions under this article;

        10. Employ officers, employees, agents, advisers, and consultants, including without limitation financial advisers and other technical advisers and public accountants, and, the provisions of any other law to the contrary notwithstanding, to determine their duties and compensation without the approval of any other agency or instrumentality;

        11. Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its properties and assets;

        12. Procure insurance, in amounts and from insurers of its choice, or provide self-insurance, against any loss, cost, or expense in connection with its property, assets, or activities, including insurance or self-insurance against liability for its acts or the acts of its directors, employees, or agents and for the indemnification of the members of its Board and its employees and agents;

        13. Establish and revise, amend and repeal, and charge and collect fees and charges in connection with any activities or services of the Corporation;

        14. Make grants with any funds of the Corporation available for this purpose;

        15. Develop policies and procedures generally applicable to the procurement of goods, services, and construction based on competitive principles;

        16. Raise money in the corporate, nonprofit, and nonstate communities to finance the Corporation's activities;

        17. Receive and accept from any source aid, grants, and contributions of money, property, labor, or other things of value to be held, used, and applied to carry out the purposes of this article subject to the conditions upon which the aid, grants, or contributions are made;

        18. Enter into agreements with any department, agency, or instrumentality of the United States, the Commonwealth, the District of Columbia, or any state for purposes consistent with its mission;

        19. Maintain accounts and records as prescribed by the Auditor of Public Accounts, who shall annually audit the accounts of the Corporation; and

        20. Do any acts necessary or convenient to the exercise of the powers granted or reasonably implied by this article and not otherwise inconsistent with state law.

 

    8. At the beginning of line 76, enrolled

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        The Corporation shall be performing an essential governmental function in the exercise of the powers conferred upon it by this article. Accordingly, the Corporation shall not be required to pay any taxes or assessments upon any project or any property or upon any operations of the Corporation or the income therefrom. Agents, lessees, sublessees, or users of tangible personal property owned by or leased to the Corporation also shall not be required to pay any sales or use tax upon such property or the revenue derived therefrom.

        § 2.2-2743. Exemptions from personnel and procurement procedures.

        The provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.) and the Virginia Personnel Act (§ 2.2-2900 et seq.) shall not apply to the Corporation.

 

    9. Line 138, enrolled, after services.

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        Further, the Authority shall transfer as part of the Memorandum of Agreement all portions of its budget currently allocated for trade-related programs, personnel, and costs to the Corporation.

 

    10. Line 144, enrolled, after Virginia

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        Economic Development Partnership Authority

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        International Trade Corporation