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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
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1995 SESSION
LD1118136Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-1.6 and 9-6.25:2 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Title 9 a chapter numbered 43, consisting of sections numbered 9-334 through 9-343, as follows:
§ 2.1-1.6. State boards.
A. There shall be, in addition to such others as may be established by law, the following permanent collegial bodies affiliated with a state agency within the executive branch:
Accountancy, Board for
Aging, Advisory Board on the
Agriculture and Consumer Services, Board of
Air Pollution, State Advisory Board on
Alcoholic Beverage Control Board, Virginia
Apple Board, Virginia State
Appomattox State Scenic River Advisory Board
Aquaculture Advisory Board
Architects, Professional Engineers, Land Surveyors and Landscape Architects, State Board for
Art and Architectural Review Board
Athletic Board, Virginia
Auctioneers Board
Audiology and Speech-Language Pathology, Board of
Aviation Board, Virginia
Barbers, Board for
Branch Pilots, Board for
Bright Flue-Cured Tobacco Board, Virginia
Building Code Technical Review Board, State
Catoctin Creek State Scenic River Advisory Board
Cattle Industry Board, Virginia
Cave Board
Certified Seed Board, State
Chesapeake Bay Local Assistance Board
Chickahominy State Scenic River Advisory Board
Child Abuse and Neglect, Advisory Board on
Chippokes Plantation Farm Foundation, Board of Trustees
Clinch Scenic River Advisory Board
Coal Research and Development Advisory Board, Virginia
Coal Surface Mining Reclamation Fund Advisory Board
Conservation and Development of Public Beaches, Board on
Conservation and Recreation, Board of
Contractors, Board for
Corn Board, Virginia
Correctional Education, Board of
Corrections, State Board of
Cosmetology, Board for
Criminal Justice Services Board
Dark-Fired Tobacco Board, Virginia
Deaf and Hard-of-Hearing, Advisory Board for the Department for the
Dentistry, Board of
Education, State Board of
Egg Board, Virginia
Emergency Medical Services Advisory Board
Employment Agency Advisory Board
Farmers Market Board, Virginia
Film Office Advisory Board
Fire Services Board, Virginia
Forensic Science Advisory Board
Forestry, Board of
Funeral Directors and Embalmers, Board of
Game and Inland Fisheries, Board of
Geology, Board for
Goose Creek Scenic River Advisory Board
Health Planning Board, Virginia
Health Professions, Board of
Health, State Board of
Hearing Aid Specialists, Board for
Hemophilia Advisory Board
Historic Resources, Board of
Housing and Community Development, Board of
Industrial Development Services Advisory Board
Insurance Advisory Board, State
Irish Potato Board, Virginia
Laboratory Services Advisory Board
Marine Products Board, Virginia
Medical Advisory Board, Department of Motor Vehicles
Medical Board of the Virginia Retirement System
Medicare and Medicaid, Advisory Board on
Medicine, Board of
Mental Health, Mental Retardation and Substance Abuse Services Board, State
Migrant and Seasonal Farmworkers Board
Military Affairs, Board of
Mines, Minerals and Energy, Board of Examiners in the Department of
Minority Business Enterprise, Interdepartmental Board of the Department of
Motor Vehicle Dealers' Advisory Board
Networking Users Advisory Board, State
Nottoway State Scenic River Advisory Board
Nursing, Board of
Nursing Home Administrators, Board of
Occupational Therapy, Advisory Board on
Oil and Gas Conservation Board, Virginia
Opticians, Board for
Optometry, Board of
Peanut Board, Virginia
Personnel Advisory Board
Pesticide Control Board
Pharmacy, Board of
(Delayed effective date - See Editor's note) Physical Fitness and Sports, Virginia Board on
Physical Therapy to the Board of Medicine, Advisory Board on
Plant Pollination Advisory Board
Polygraph Examiners Advisory Board
Pork Industry Board, Virginia
Poultry Products Board, Virginia
Private College Advisory Board
Private Security Services Advisory Board
Professional and Occupational Regulation, Board for
Professional Counselors, Board of
Professional Soil Scientists, Board for
Psychiatric Advisory Board
Psychology, Board of
Public Buildings Board, Virginia
Public Telecommunications Board, Virginia
Radiation Advisory Board
Real Estate Appraiser Board
Real Estate Board
Reciprocity Board, Department of Motor Vehicles
Recreational Fishing Advisory Board, Virginia
Recreation Specialists, Board of
Reforestation Board
Rehabilitative Services, Board of
Respiratory Therapy, Advisory Board on
Retirement System Review Board
Rockfish State Scenic River Advisory Board
Safety and Health Codes Board
Seed Potato Board
Sewage Handling and Disposal Appeal Review Board, State Health Department
Shenandoah State Scenic River Advisory Board
Small Business Advisory Board
Small Business Environmental Compliance Advisory Board
Small Grains Board, Virginia
Social Services, Board of
Social Work, Board of
Soil and Water Conservation Board, Virginia
Soybean Board, Virginia
State Air Pollution Control Board
Substance Abuse Certification Board
Surface Mining Review, Board of
Sweet Potato Board, Virginia
Teacher Education and Licensure, Advisory Board on
Tourism and Travel Services Advisory Board
Toxic Substances Advisory Board
Transportation Board, Commonwealth
Transportation Safety, Board of
Treasury Board, The, Department of the Treasury
Veterans' Affairs, Board on
Veterinary Medicine, Board of
Virginia Board for Asbestos Licensing
Virginia Employment Commission, State Advisory Board for the
(Delayed effective date - See Editor's note) Virginia Horse Industry Board
Virginia Manufactured Housing Board
Virginia Mine Safety Board
Virginia Retirement System, Board of Trustees
Virginia Waste Management Board
Visually Handicapped, Virginia Board for the
Voluntary Formulary Board, Virginia
War Memorial Foundation, Virginia, Board of Trustees
Waste Management Facility Operators, Board for
Water Resources Research Center Statewide Advisory Board, Virginia
Waterworks and Wastewater Works Operators, Board for
Well Review Board, Virginia
Youth and Family Services, State Board of.
B. Notwithstanding the definition for "board" as provided in § 2.1-1.2, the following entities shall be referred to as boards:
Compensation Board
State Board of Elections
State Water Control Board
Virginia Parole Board
Virginia Technology Infrastructure Board
Virginia Veterans Care Center Board of Trustees.
§ 9-6.25:2. Policy boards, commissions and councils.
There shall be, in addition to such others as may be designated in accordance with § 9-6.25, the following policy boards, commissions and councils:
Apprenticeship Council
Athletic Board
Auctioneers Board
Blue Ridge Regional Education and Training Council
Board for Accountancy
Board for Architects, Professional Engineers, Land Surveyors and Landscape Architects
Board for Barbers
Board for Contractors
Board for Cosmetology
Board for Geology
Board for Hearing Aid Specialists
Board for Opticians
Board for Professional and Occupational Regulation
Board for Professional Soil Scientists
Board for Waterworks and Wastewater Works Operators
(Effective July 1, 1994) Board for the Visually Handicapped
Board of Agriculture and Consumer Services
Board of Audiology and Speech-Language Pathology
Board of Conservation and Recreation
Board of Correctional Education
Board of Dentistry
Board of Directors, Virginia Student Assistance Authorities
Board of Examiners in the Department of Mines, Minerals and Energy
Board of Funeral Directors and Embalmers
Board of Health Professions
Board of Historic Resources
Board of Housing and Community Development
Board of Medical Assistance Services
Board of Medicine
Board of Nursing
Board of Nursing Home Administrators
Board of Optometry
Board of Pharmacy
Board of Professional Counselors
Board of Psychology
Board of Recreation Specialists
(Effective July 1, 1994) Board of Rehabilitative Services
Board of Social Services
Board of Social Work
Board of Surface Mining Review
Board of Veterinary Medicine
Board on Conservation and Development of Public Beaches
Chesapeake Bay Local Assistance Board
Child Day Care and Early Childhood Programs, Virginia Council on
Child Day-Care Council
Commission on Local Government
Commonwealth Transportation Board
Council on Human Rights
Council on Information Management
Criminal Justice Services Board
Department of Environmental Quality
Disability Services Council
Farmers Market Board, Virginia
Interdepartmental Council on Rate-setting for Children's Facilities
Library Board, the Virginia State Library and Archives
Marine Resources Commission
Milk Commission
Pesticide Control Board
Real Estate Appraiser Board
Real Estate Board
Reciprocity Board, Department of Motor Vehicles
Safety and Health Codes Board
Seed Potato Board
Southside Virginia Marketing Council
Specialized Transportation Council
State Board of Corrections
State Board of Elections
State Board of Health
State Board of Youth and Family Services
State Health Department, Sewage Handling and Disposal Appeal Review Board
State Library Board
State Mental Health, Mental Retardation and Substance Abuse Services Board
State Water Control Board
Substance Abuse Certification Board
Treasury Board, The, Department of the Treasury
Virginia Aviation Board
Virginia Board for Asbestos Licensing
Virginia Fire Services Board
Virginia Gas and Oil Board
Virginia Health Planning Board
Virginia Health Services Cost Review Council
(For effective date - See Editor's note) Virginia Manufactured Housing Board
Virginia Parole Board
Virginia Public Telecommunications Board
Virginia Soil and Water Conservation Board
Virginia Technology Infrastructure Board
Virginia Voluntary Formulary Board
Virginia Waste Management Board
Virginia World Trade Council
Waste Management Facility Operators, Board for.
§ 9-334. Purpose of chapter.
In order for the Commonwealth and its subdivisions to more fully take advantage of technological applications in providing services and solving problems of Virginia's citizens, there is a need to reinvest savings that accrue from increased usage of technology into new and emerging technological applications that will provide for both greater efficiencies and better responsiveness. The purpose, therefore, of this chapter, is to create the Virginia Technology Infrastructure Board and the Virginia Technology Infrastructure Fund. The Fund shall make moneys available to state agencies and institutions, local governments, and local school divisions for projects and plans to equip the Commonwealth with the technological resources necessary to compete in the global marketplace.
§ 9-335. Definitions.
As used in this chapter, unless the context clearly provides otherwise:
"Board" means the Virginia Technology Infrastructure Board.
"Costs" means the reasonable and customary charges for goods and services incurred or to be incurred in the establishment of technology infrastructure projects.
"Council" means the Council on Information Management.
"Department" means the Department of Information Technology.
"Distance learning" means an interactive telecommunications system that (i) utilizes audio, voice, video, and other appropriate elements; (ii) is compatible with other distance learning networks; and (iii) is used to enhance instructional opportunities or to provide instruction which a school, local school division, college or university could not otherwise provide.
"Fund" means the Virginia Technology Infrastructure Fund.
"School" means any accredited public elementary or secondary institution or any accredited public postsecondary institution.
"Technology infrastructure" means mechanisms, including computer hardware and software, necessary to connect agencies' telecommunications networks and computer systems and the interconnections between computer systems.
§ 9-336. Board created; membership; terms; compensation; chairman and vice chairman; quorum; staff.
A. The Virginia Technology Infrastructure Board is hereby created and is a policy board within the meaning of § 9-6.25. The Board shall consist of (i) the Director of the Council on Information Management, the Director of the State Council of Higher Education, the Secretary of Finance, and the Superintendent of the State Department of Education as ex officio members and (ii) five additional members who shall be appointed by the Governor and who shall have such experience with the public procurement of innovative technologies that improve productivity and efficiency as he may deem necessary or desirable. The gubernatorial appointees shall be subject to confirmation by the General Assembly and shall serve at the pleasure of the Governor. The initial gubernatorial appointments shall be one member for one year, two members for two years, and two members for three years. Subsequent appointments shall be made for terms of four years. Appointments to fill vacancies shall be made for the unexpired terms. No appointee shall be eligible to serve for more than two successive four-year terms. All members of the Board shall be residents of the Commonwealth. The members of the Board shall not be eligible for compensation or expenses.
B. The Governor shall designate one member as the chairman. The Board shall elect one member from among the gubernatorial appointees as vice chairman. Five members of the Board shall constitute a quorum for the transaction of all business of the Board. The Department of Information Technology shall serve as staff to the Board.
§ 9-337. Application of State and Local Government Conflict of Interests Act.
The provisions of the State and Local Government Conflict of Interests Act (§ 2.1-639.1 et seq.) shall apply to the members of the Virginia Technology Infrastructure Board.
§ 9-338. Duties and powers of Board.
The Virginia Technology Infrastructure Board is hereby granted all powers necessary or appropriate to carry out and effectuate its purposes, including but not limited to the following:
1. Oversee and administer the Virginia Technology Infrastructure Fund created in § 9-339;
2. Adopt, amend, and repeal bylaws, rules, and regulations not inconsistent with this act, to regulate its affairs and to carry into effect the powers and purposes of the Board as herein stated and conduct its business;
3. Make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this chapter;
4. Seek, promote and stimulate gifts, grants, bequests, and devices for the endowment of the Fund;
5. Receive and accept from any source aid or contributions of money, property, labor or other things of value to be held, used and applied to carry out the purposes of this chapter subject to the conditions upon which the grants or contributions are made, including but not limited to gifts and grants from any department, agency or instrumentality of the United States of America for any purpose consistent with the provisions of this chapter; and
6. Provide technical assistance to local public bodies and to state agencies in the development of plans and projects for the enhanced use of technological resources, and distribute data and information concerning the encouragement of such enhanced uses.
§ 9-339. Fund created; purposes.
A. The Virginia Technology Infrastructure Fund is hereby created in the state treasury. The Fund shall consist of savings which accrue to the Commonwealth's agencies and instrumentalities from reductions in (i) local or long-distance telecommunications service charges and (ii) computer services rates charged by the Department of Information Technology. The Fund is authorized to receive gifts and grants of money, goods, or services on behalf of the Commonwealth. Interest earned on the Fund shall be credited to the Fund. The Fund shall be permanent and nonreverting. Any unexpended balance in the Fund at the end of the biennium shall not be transferred to the general fund of the state treasury.
B. The Fund shall be used for telecommunications and information technology projects which benefit state government as a whole and which serve more than one state agency or institution of higher education.
§ 9-340. Contributions to Fund; how determined.
When charges for local or long-distance telecommunications services or rates for computer services are reduced by the Department of Information Technology, vendors, or state agencies or instrumentalities, the Department shall calculate the savings by fund source for each affected state agency or instrumentality. The Department of Planning and Budget, in consultation with the Joint Legislative Audit and Review Commission, shall determine what proportion of these savings shall be placed in the Virginia Technology Infrastructure Fund. In accordance with its authority to do so in the general appropriations act, the Department of Planning and Budget shall then administratively reduce each affected agency's or instrumentality's appropriation and transfer the agreed-upon savings to the Fund.
§ 9-341. Annual plan; allowable uses of Fund.
A. On or before December 1 of each year, the Virginia Technology Infrastructure Board shall prepare a plan which identifies the projects in which the Virginia Technology Infrastructure Fund will participate. Such plan shall be consistent with the statewide plan developed by the Council on Information Management. In considering projects for approval, the Board shall consider the use of existing resources and long-term operation and maintenance costs. Projects that benefit state government as a whole shall have the highest priority in the plan.
B. Subject to the provisions of Article X, Section 7 of the Virginia Constitution, the Board is authorized to commit the proceeds of the Fund to purchase, lease, or otherwise acquire common components, network facilities, and other commonly shared items for technology infrastructure and distance learning projects which serve or benefit more than one state agency or institution. The Board shall determine whether the Fund shall pay all or part of the cost of approved projects.
§ 9-342. Use of state telecommunications and computer services and contracts.
Political subdivisions and local school divisions are hereby authorized to purchase long distance and local telecommunications services through contracts administered by the Department, so long as that purchase is not prohibited by the terms and conditions of those contracts. Political subdivisions and local school divisions are hereby authorized to purchase computer services from the Department, so long as that use does not adversely affect services provided to state agencies and institutions.
§ 9-343. Savings from use of state services and contracts; agreement.
A. A political subdivision or local school division which purchases telecommunications or computer services through or from the Department shall enter into an agreement with the Virginia Technology Infrastructure Board to participate in the Virginia Technology Infrastructure Fund. Such agreement shall forecast the purchaser's savings and require the purchaser to use eighty percent of the savings which accrue from the use of state contracts or services for technology infrastructure or distance learning projects. Staff of the Department and the Council shall develop a method to monitor and document those savings.
B. When a political subdivision or local school division enters into an agreement with the Board to participate in the Fund, the purchaser shall provide the Board with (i) a plan for using the savings and (ii) an annual report which describes the projects undertaken and completed with such savings. The Board shall have the right to cancel any purchaser's use of state telecommunications or computer services or contracts if the purchaser does not adhere to the terms of the agreement.