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1995 SESSION

LD1118136
HOUSE BILL NO. 656
Offered January 25, 1994
A BILL to amend and reenact §§ 2.1-1.6 and 9-6.25:2 of the Code of Virginia and to amend the Code of Virginia by adding in Title 9 a chapter numbered 43, consisting of sections numbered 9-334 through 9-343, relating to the creation of the Virginia Technology Infrastructure Board and Fund.
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Patrons--Brickley; Senators: Calhoun and Colgan
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Referred to Committee on General Laws
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Be 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.

CHAPTER 43.
THE VIRGINIA TECHNOLOGY INFRASTRUCTURE BOARD AND FUND.

§ 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.