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1999 SESSION
987232860Patrons-- DeBoer, Almand, Bennett, Callahan, Councill, Croshaw, Diamonstein, Dickinson, Hall, May, Murphy, Parrish, Plum, Putney, Scott and Watts; Senators: Gartlan, Holland, Howell, Miller, K.G., Ticer, Walker and Wampler
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-1.1, 2.1-1.3, 2.1-1.7, 2.1-20.4, 2.1-51.27, 2.1-342, 2.1-343.1, 2.1-440.1, 9-6.14:4.1, 9-6.23, 9-6.25:2, 9-145.51, 9-361, 15.2-2232, 22.1-199.1, 42.1-80, 59.1-469, and 63.1-314.8 of the Code of Virginia are amended and reenacted, and that the Code of Virginia is amended by adding in Title 2.1 a chapter numbered 35.3, containing articles number 1 through 4, consisting of sections numbered 2.1-563.42 through 2.1-563.79, as follows:
§ 2.1-1.1. Departments generally.
There shall be, in addition to such others as may be established by law, the following administrative departments of the state government:
Chesapeake Bay Local Assistance Department.
Department of Accounts.
Department for the Aging.
Department of Agriculture and Consumer Services.
Department of Alcoholic Beverage Control.
Department of Aviation.
Department of Business Assistance.
Department of Conservation and Recreation.
Department of Corporations.
Department of Correctional Education.
Department of Corrections.
Department of Criminal Justice Services.
Department for the Deaf and Hard-of-Hearing.
Department of Education.
Department of Emergency Services.
Department of Employee Relations Counselors.
Department of Environmental Quality.
Department of Fire Programs.
Department of Forestry.
Department of Game and Inland Fisheries.
Department of General Services.
Department of Health.
Department of Health Professions.
Department of Historic Resources.
Department of Housing and Community Development.
Department of Information Technology.
Department of Juvenile Justice.
Department of Labor and Industry.
Department of Law.
Department of Medical Assistance Services.
Department of Mental Health, Mental Retardation and Substance Abuse Services.
Department of Military Affairs.
Department of Mines, Minerals and Energy.
Department of Minority Business Enterprise.
Department of Motor Vehicles.
Department of Personnel and Training.
Department of Planning and Budget.
Department of Professional and Occupational Regulation.
Department of Rail and Public Transportation.
Department of Rehabilitative Services.
Department for Rights of Virginians With Disabilities.
Department of Social Services.
Department of State Police.
Department of Taxation.
Department of Technology Services.
Department of Transportation.
Department of the Treasury.
Department of Veterans' Affairs.
Department for the Visually Handicapped.
Governor's Employment and Training Department.
§ 2.1-1.3. Entities subject to standard nomenclature.
The following independent administrative entities are subject to the standard nomenclature provisions of § 2.1-1.2:
Chesapeake Bay Local Assistance Department.
Department of Accounts.
Department for the Aging.
Department of Agriculture and Consumer Services.
Department of Alcoholic Beverage Control.
Department of Aviation.
Department of Business Assistance.
Department of Conservation and Recreation.
Department of Correctional Education.
Department of Corrections.
Department of Criminal Justice Services.
Department for the Deaf and Hard-of-Hearing.
Department of Education.
Department of Emergency Services.
Department of Environmental Quality.
Department of Employee Relations Counselors.
Department of Fire Programs.
Department of Forestry.
Department of Game and Inland Fisheries.
Department of General Services.
Department of Health.
Department of Health Professions.
Department of Historic Resources.
Department of Housing and Community Development.
Department of Information Technology.
Department of Juvenile Justice.
Department of Labor and Industry.
Department of Medical Assistance Services.
Department of Mental Health, Mental Retardation and Substance Abuse Services.
Department of Military Affairs.
Department of Mines, Minerals and Energy.
Department of Minority Business Enterprise.
Department of Motor Vehicles.
Department of Personnel and Training.
Department of Planning and Budget.
Department of Professional and Occupational Regulation.
Department of Rail and Public Transportation.
Department of Rehabilitative Services.
Department for Rights of Virginians With Disabilities.
Department of Social Services.
Department of State Police.
Department of Taxation.
Department of Technology Services.
Department of Transportation.
Department of the Treasury.
Department of Veterans' Affairs.
Department for the Visually Handicapped.
Governor's Employment and Training Department.
§ 2.1-1.7. State councils.
There shall be, in addition to such others as may be established by law, the following permanent collegial bodies either affiliated with more than one agency or independent of an agency within the executive branch:
Adult Education and Literacy, Virginia Advisory Council for
Agricultural Council, Virginia
Alcohol and Drug Abuse Problems, Governor's Council on
Apprenticeship Council
Blue Ridge Regional Education and Training Council
Child Day-Care Council
Citizens' Advisory Council on Furnishing and Interpreting the Executive Mansion
Coastal Land Management Advisory Council, Virginia
Commonwealth Competition Council
Commonwealth's Attorneys' Services Council
Developmental Disabilities Planning Council, Virginia
Disability Services Council
Equal Employment Opportunity Council, Virginia
Housing for the Disabled, Interagency Coordinating Council on
Human Rights, Council on
Human Services Information and Referral Advisory Council
Indians, Council on
Interagency Coordinating Council, Virginia
Job Training Coordinating Council, Governor's
Land Evaluation Advisory Council
Maternal and Child Health Council
Military Advisory Council, Virginia
Needs of Handicapped Persons, Overall Advisory Council on the
Prevention, Virginia Council on Coordinating
Public Records Advisory Council, State
Rate-setting for Children's Facilities, Interdepartmental Council on
Revenue Estimates, Advisory Council on
Southside Virginia Marketing Council
Specialized Transportation Council
State Health Benefits Advisory Council
Status of Women, Council on the
Technology Council, Virginia
Virginia Business-Education Partnership Program, Advisory Council on the
Virginia Recycling Markets Development Council.
Notwithstanding the definition for "council" as provided in § 2.1-1.2, the following entities shall be referred to as councils:
Council on Information Management
Higher Education, State Council of
Independent Living Council, Statewide
Rehabilitation Advisory Council, Statewide
Rehabilitation Advisory Council for the Blind, Statewide.
Transplant Council, Virginia
§ 2.1-20.4. Bodies receiving compensation.
Notwithstanding any other provision of law, the following commissions, boards, etc., shall be those which receive compensation from state funds pursuant to § 2.1-20.3:
Accountancy, Board for
Agriculture and Consumer Services, Board of
Air Pollution Control Board, State
Airports Authority, Virginia
Apprenticeship Council
Architects, Professional Engineers, Land Surveyors and Landscape Architects, State Board for
Athletic Board, Virginia
Auctioneers Board
Audiology and Speech-Language Pathology, Board of
Aviation Board, Virginia
Barbers, Board for
Branch Pilots, Board for
Building Code Technical Review Board, State
Charitable Gaming Commission
Chesapeake Bay Local Assistance Board
Coal Mining Examiners, Board of
College Building Authority
Commonwealth Competition Council
Commonwealth Transportation Board
Conservation and Development of Public Beaches, Board on
Conservation and Recreation, Board of
Contractors, Board for
Correctional Education, Board of
Corrections, Board of
Cosmetology, Board for
Criminal Justice Services Board
Deaf and Hard-of-Hearing, Advisory Board for the
Dentistry, Board of
Education, State Board of
Education Loan Authority, Virginia - Board of Directors
Elections, State Board of
Environment, Council on the
Fire Services Board, Virginia
Funeral Directors and Embalmers, Board of
Game and Inland Fisheries, Board of
Geology, Board for
Health, State Board of
Health Professions, Board of
Hearing Aid Specialists, Board for
Higher Education, State Council of
Historic Resources, Board of
Housing and Community Development, Board of
Information Management, Council on
Juvenile Justice, State Board of
Marine Resources Commission
Medical Assistance Services, Board of
Medical Complaint Investigation Committee
Medicine, Board of
Mental Health, Mental Retardation and Substance Abuse Services Board, State
Milk Commission
Mineral Mining Examiners, Board of
Motor Vehicle Dealer 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
Pesticide Control Board
Pharmacy, Board of
Physical Therapy, Advisory Board on
Port Authority, Board of Commissioners of the Virginia
Professional and Occupational Regulation, Board for
Professional Counselors, Board of
Professional Soil Scientists, Board for
Psychology, Board of
Public Defender Commission
Public School Authority, Virginia
Purchases and Supply Appeals Board
Real Estate Appraiser Board
Real Estate Board
Recreation Specialists, Board of
Rehabilitative Services, Board of
Respiratory Therapy, Advisory Board on
Safety and Health Codes Board
Seed Potato Board
Social Services, Board of
Social Work, Board of
State Health Department Sewage Handling and Disposal Appeal Review Board
Substance Abuse Certification Board
Surface Mining Review, Board of
Treasury Board
Veterans' Affairs, Board on
Veterinary Medicine, Board of
Virginia Board for Asbestos Licensing
Virginia Health Planning Board
Virginia Manufactured Housing Board
Virginia Veterans Care Center Board of Trustees
Virginia Waste Management Board
Visually Handicapped, Virginia Board for the
Waste Management Facility Operators, Board for
Water Control Board, State
Waterworks and Wastewater Works Operators, Board for
Well Review Board, Virginia.
Individual members of boards, commissions, committees, councils, and other similar bodies appointed at the state level and receiving compensation for their services on January 1, 1980, but who will not receive compensation under the provisions of this article, shall continue to receive compensation at the January 1, 1980, rate until such member's current term expires.
§ 2.1-51.27. Agencies for which responsible.
The Secretary of Administration shall be responsible to the Governor for the
following agencies and boards: Department of Information Technology,
Council on Information Management, Department of Personnel and Training,
Department of General Services, Compensation Board, Secretary of the
Commonwealth, Department of Employee Relations Counselors, Department of
Veterans' Affairs, Virginia Veterans Care Center Board of Trustees, Commission
on Local Government, and Charitable Gaming Commission, and
Virginia Public Broadcasting Board. The Governor may, by executive order,
assign any other state executive agency to the Secretary of Administration, or
reassign any agency listed above to another secretary.
§ 2.1-342. Official records to be open to inspection; procedure for requesting records and responding to request; charges; exceptions to application of chapter.
Except as otherwise specifically provided by law, all official records shall be open to inspection and copying by any citizens of the Commonwealth during the regular office hours of the custodian of such records. Access to such records shall not be denied to citizens of the Commonwealth, representatives of newspapers and magazines with circulation in the Commonwealth, and representatives of radio and television stations broadcasting in or into the Commonwealth. The custodian of such records shall take all necessary precautions for their preservation and safekeeping. Any public body covered under the provisions of this chapter shall make an initial response to citizens requesting records open to inspection within five work days after the receipt of the request by the public body which is the custodian of the requested records. Such citizen request shall designate the requested records with reasonable specificity. A specific reference to this chapter by the requesting citizen in his request shall not be necessary to invoke the provisions of this chapter and the time limits for response by the public body. The response by the public body within such five work days shall be one of the following responses:
The requested records shall be provided to the requesting citizen.
If the public body determines that an exemption applies to all of the requested records, it may refuse to release such records and provide to the requesting citizen a written explanation as to why the records are not available with the explanation making specific reference to the applicable Code sections which make the requested records exempt.
If the public body determines that an exemption applies to a portion of the requested records, it may delete or excise that portion of the records to which an exemption applies, but shall disclose the remainder of the requested records and provide to the requesting citizen a written explanation as to why these portions of the record are not available to the requesting citizen with the explanation making specific reference to the applicable Code sections which make that portion of the requested records exempt. Any reasonably segregatable portion of an official record shall be provided to any person requesting the record after the deletion of the exempt portion.
If the public body determines that it is practically impossible to provide the requested records or to determine whether they are available within the five-work-day period, the public body shall so inform the requesting citizen and shall have an additional seven work days in which to provide one of the three preceding responses.
Nothing in this section shall prohibit any public body from petitioning the appropriate court for additional time to respond to a request for records when the request is for an extraordinary volume of records and a response by the public body within the time required by this chapter will prevent the public body from meeting its operational responsibilities. Before proceeding with this petition, however, the public body shall make reasonable efforts to reach an agreement with the requester concerning the production of the records requested.
The public body may make reasonable charges for the copying, search time and computer time expended in the supplying of such records. The public body may also make a reasonable charge for preparing documents produced from a geographic information system at the request of anyone other than the owner of the land that is the subject of the request. However, such charges shall not exceed the actual cost to the public body in supplying such records or documents, except that the public body may charge, on a pro rata per acre basis, for the cost of creating topographical maps developed by the public body, for such maps or portions thereof, which encompass a contiguous area greater than fifty acres. Such charges for the supplying of requested records shall be estimated in advance at the request of the citizen. The public body may require the advance payment of charges which are subject to advance determination.
In any case where a public body determines in advance that search and copying charges for producing the requested documents are likely to exceed $200, the public body may, before continuing to process the request, require the citizen requesting the information to agree to payment of an amount not to exceed the advance determination by five percent. The period within which the public body must respond under this section shall be tolled for the amount of time that elapses between notice of the advance determination and the response of the citizen requesting the information.
Official records maintained by a public body on a computer or other electronic
data processing system which are available to the public under the provisions
of this chapter shall be made reasonably accessible to the public at reasonable
cost. Beginning July 1, 1997, every public body of state government shall
compile, and annually update, an index of computer databases which contains at
a minimum those databases created by them on or after July 1, 1997. "Computer
database" means a structured collection of data or documents residing in a
computer. Such index shall be an official record and shall include, at a
minimum, the following information with respect to each database listed
therein: a list of data fields, a description of the format or record layout,
the date last updated, a list of any data fields to which public access is
restricted, a description of each format in which the database can be copied or
reproduced using the public body's computer facilities, and a schedule of fees
for the production of copies in each available form. The form, context,
language, and guidelines for the indices and the databases to be indexed shall
be developed by the Director of the Department of Information
Technology Services in consultation with the State Librarian
and the State Archivist. The public body shall not be required to disclose its
software security, including passwords.
Public bodies shall not be required to create or prepare a particular requested record if it does not already exist. Public bodies may, but shall not be required to, abstract or summarize information from official records or convert an official record available in one form into another form at the request of the citizen. The public body shall make reasonable efforts to reach an agreement with the requester concerning the production of the records requested.
Failure to make any response to a request for records shall be a violation of this chapter and deemed a denial of the request.
The following records are excluded from the provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law:
Memoranda, correspondence, evidence and complaints related to criminal investigations; adult arrestee photographs when necessary to avoid jeopardizing an investigation in felony cases until such time as the release of such photograph will no longer jeopardize the investigation; reports submitted to the state and local police, to investigators authorized pursuant to § 53.1-16 and to the campus police departments of public institutions of higher education as established by Chapter 17 (§ 23-232 et seq.) of Title 23 in confidence; portions of records of local government crime commissions that would identify individuals providing information about crimes or criminal activities under a promise of anonymity; records of local police departments relating to neighborhood watch programs that include the names, addresses, and operating schedules of individual participants in the program that are provided to such departments under a promise of confidentiality; and all records of persons imprisoned in penal institutions in the Commonwealth provided such records relate to the imprisonment. Information in the custody of law-enforcement officials relative to the identity of any individual other than a juvenile who is arrested and charged, and the status of the charge or arrest, shall not be excluded from the provisions of this chapter.
Criminal incident information relating to felony offenses shall not be excluded from the provisions of this chapter; however, where the release of criminal incident information is likely to jeopardize an ongoing criminal investigation or the safety of an individual, cause a suspect to flee or evade detection, or result in the destruction of evidence, such information may be withheld until the above-referenced damage is no longer likely to occur from release of the information.
Confidential records of all investigations of applications for licenses and permits, and all licensees and permittees made by or submitted to the Alcoholic Beverage Control Board, the State Lottery Department, the Virginia Racing Commission, or the Charitable Gaming Commission.
State income, business, and estate tax returns, personal property tax returns, scholastic records and personnel records containing information concerning identifiable individuals, except that such access shall not be denied to the person who is the subject thereof, and medical and mental records, except that such records can be personally reviewed by the subject person or a physician of the subject person's choice; however, the subject person's mental records may not be personally reviewed by such person when the subject person's treating physician has made a part of such person's records a written statement that in his opinion a review of such records by the subject person would be injurious to the subject person's physical or mental health or well-being.
Where the person who is the subject of medical records is confined in a state or local correctional facility, the administrator or chief medical officer of such facility may assert such confined person's right of access to the medical records if the administrator or chief medical officer has reasonable cause to believe that such confined person has an infectious disease or other medical condition from which other persons so confined need to be protected. Medical records shall be reviewed only and shall not be copied by such administrator or chief medical officer. The information in the medical records of a person so confined shall continue to be confidential and shall not be disclosed to any person except the subject by the administrator or chief medical officer of the facility or except as provided by law.
For the purposes of this chapter such statistical summaries of incidents and statistical data concerning patient abuse as may be compiled by the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services shall be open to inspection and releasable as provided in subsection A of this section. No such summaries or data shall include any patient-identifying information. Where the person who is the subject of scholastic or medical and mental records is under the age of eighteen, his right of access may be asserted only by his guardian or his parent, including a noncustodial parent, unless such parent's parental rights have been terminated or a court of competent jurisdiction has restricted or denied such access. In instances where the person who is the subject thereof is an emancipated minor or a student in a state-supported institution of higher education, such right of access may be asserted by the subject person.
Memoranda, working papers and correspondence (i) held by or requested from members of the General Assembly or the Division of Legislative Services or (ii) held or requested by the Office of the Governor or Lieutenant Governor, Attorney General or the mayor or other chief executive officer of any political subdivision of the Commonwealth or the president or other chief executive officer of any state-supported institution of higher education. This exclusion shall not apply to memoranda, studies or other papers held or requested by the mayor or other chief executive officer of any political subdivision which are specifically concerned with the evaluation of performance of the duties and functions of any locally elected official and were prepared after June 30, 1992, nor shall this exclusion apply to agenda packets prepared and distributed to public bodies for use at a meeting.
Except as provided in § 30-28.18, memoranda, working papers and correspondence of a member of the General Assembly held by the Division of Legislative Services shall not be released by the Division without the prior consent of the member.
Written opinions of the city, county and town attorneys of the cities, counties and towns in the Commonwealth and any other writing protected by the attorney-client privilege.
Memoranda, working papers and records compiled specifically for use in litigation or as a part of an active administrative investigation concerning a matter which is properly the subject of an executive or closed meeting under § 2.1-344 and material furnished in confidence with respect thereto.
Confidential letters and statements of recommendation placed in the records of educational agencies or institutions respecting (i) admission to any educational agency or institution, (ii) an application for employment, or (iii) receipt of an honor or honorary recognition.
Library records which can be used to identify both (i) any library patron who has borrowed material from a library and (ii) the material such patron borrowed.
Any test or examination used, administered or prepared by any public body for purposes of evaluation of (i) any student or any student's performance, (ii) any employee or employment seeker's qualifications or aptitude for employment, retention, or promotion, or (iii) qualifications for any license or certificate issued by any public body.
As used in this subdivision 9, "test or examination" shall include (i) any scoring key for any such test or examination and (ii) any other document which would jeopardize the security of such test or examination. Nothing contained in this subdivision 9 shall prohibit the release of test scores or results as provided by law, or limit access to individual records as is provided by law. However, the subject of such employment tests shall be entitled to review and inspect all documents relative to his performance on such employment tests.
When, in the reasonable opinion of such public body, any such test or examination no longer has any potential for future use, and the security of future tests or examinations will not be jeopardized, such test or examination shall be made available to the public. However, minimum competency tests administered to public school children shall be made available to the public contemporaneously with statewide release of the scores of those taking such tests, but in no event shall such tests be made available to the public later than six months after the administration of such tests.
Applications for admission to examinations or for licensure and scoring records maintained by the Department of Health Professions or any board in that department on individual licensees or applicants. However, such material may be made available during normal working hours for copying, at the requester's expense, by the individual who is the subject thereof, in the offices of the Department of Health Professions or in the offices of any health regulatory board, whichever may possess the material.
Records of active investigations being conducted by the Department of Health Professions or by any health regulatory board in the Commonwealth.
Memoranda, legal opinions, working papers and records recorded in or compiled exclusively for executive or closed meetings lawfully held pursuant to § 2.1-344.
Reports, documentary evidence and other information as specified in §§ 2.1-373.2 and 63.1-55.4.
Proprietary information gathered by or for the Virginia Port Authority as provided in § 62.1-132.4 or § 62.1-134.1.
Contract cost estimates prepared for the confidential use of the Department of Transportation in awarding contracts for construction or the purchase of goods or services and records, documents and automated systems prepared for the Department's Bid Analysis and Monitoring Program.
Vendor proprietary information software which may be in the official records of a public body. For the purpose of this section, "vendor proprietary software" means computer programs acquired from a vendor for purposes of processing data for agencies or political subdivisions of the Commonwealth.
Data, records or information of a proprietary nature produced or collected by or for faculty or staff of state institutions of higher learning, other than the institutions' financial or administrative records, in the conduct of or as a result of study or research on medical, scientific, technical or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or a private concern, where such data, records or information has not been publicly released, published, copyrighted or patented.
Financial statements not publicly available filed with applications for industrial development financings.
Lists of registered owners of bonds issued by a political subdivision of the Commonwealth, whether the lists are maintained by the political subdivision itself or by a single fiduciary designated by the political subdivision.
Confidential proprietary records, voluntarily provided by private business pursuant to a promise of confidentiality from the Department of Business Assistance, the Virginia Economic Development Partnership or local or regional industrial or economic development authorities or organizations, used by the Department, the Partnership, or such entities for business, trade and tourism development; and memoranda, working papers or other records related to businesses that are considering locating or expanding in Virginia, prepared by the Partnership, where competition or bargaining is involved and where, if such records are made public, the financial interest of the governmental unit would be adversely affected.
Information which was filed as confidential under the Toxic Substances Information Act (§ 32.1-239 et seq.), as such Act existed prior to July 1, 1992.
Documents as specified in § 58.1-3.
Confidential records, including victim identity, provided to or obtained by staff in a rape crisis center or a program for battered spouses.
Computer software developed by or for a state agency, state-supported institution of higher education or political subdivision of the Commonwealth.
Investigator notes, and other correspondence and information, furnished in confidence with respect to an active investigation of individual employment discrimination complaints made to the Department of Personnel and Training; however, nothing in this section shall prohibit the disclosure of information taken from inactive reports in a form which does not reveal the identity of charging parties, persons supplying the information or other individuals involved in the investigation.
Fisheries data which would permit identification of any person or vessel, except when required by court order as specified in § 28.2-204.
Records of active investigations being conducted by the Department of Medical Assistance Services pursuant to Chapter 10 (§ 32.1-323 et seq.) of Title 32.1.
Documents and writings furnished by a member of the General Assembly to a meeting of a standing committee, special committee or subcommittee of his house established solely for the purpose of reviewing members' annual disclosure statements and supporting materials filed under § 2.1-639.40 or of formulating advisory opinions to members on standards of conduct, or both.
Customer account information of a public utility affiliated with a political subdivision of the Commonwealth, including the customer's name and service address, but excluding the amount of utility service provided and the amount of money paid for such utility service.
Investigative notes and other correspondence and information furnished in confidence with respect to an investigation or conciliation process involving an alleged unlawful discriminatory practice under the Virginia Human Rights Act (§ 2.1-714 et seq.); however, nothing in this section shall prohibit the distribution of information taken from inactive reports in a form which does not reveal the identity of the parties involved or other persons supplying information.
Investigative notes; proprietary information not published, copyrighted or patented; information obtained from employee personnel records; personally identifiable information regarding residents, clients or other recipients of services; and other correspondence and information furnished in confidence to the Department of Social Services in connection with an active investigation of an applicant or licensee pursuant to Chapters 9 (§ 63.1-172 et seq.) and 10 (§ 63.1-195 et seq.) of Title 63.1; however, nothing in this section shall prohibit disclosure of information from the records of completed investigations in a form that does not reveal the identity of complainants, persons supplying information, or other individuals involved in the investigation.
Reports, manuals, specifications, documents, minutes or recordings of staff meetings or other information or materials of the Virginia Board of Corrections, the Virginia Department of Corrections or any institution thereof to the extent, as determined by the Director of the Department of Corrections or his designee or of the Virginia Board of Juvenile Justice, the Virginia Department of Juvenile Justice or any facility thereof to the extent as determined by the Director of the Department of Juvenile Justice, or his designee, that disclosure or public dissemination of such materials would jeopardize the security of any correctional or juvenile facility or institution, as follows:
Security manuals, including emergency plans that are a part thereof;
Engineering and architectural drawings of correctional and juvenile facilities, and operational specifications of security systems utilized by the Departments, provided the general descriptions of such security systems, cost and quality shall be made available to the public;
Training manuals designed for correctional and juvenile facilities to the extent that they address procedures for institutional security, emergency plans and security equipment;
Internal security audits of correctional and juvenile facilities, but only to the extent that they specifically disclose matters described in (i), (ii), or (iii) above or other specific operational details the disclosure of which would jeopardize the security of a correctional or juvenile facility or institution;
Minutes or recordings of divisional, regional and institutional staff meetings or portions thereof to the extent that such minutes deal with security issues listed in (i), (ii), (iii), and (iv) of this subdivision;
Investigative case files by investigators authorized pursuant to § 53.1-16; however, nothing in this section shall prohibit the disclosure of information taken from inactive reports in a form which does not reveal the identity of complainants or charging parties, persons supplying information, confidential sources, or other individuals involved in the investigation, or other specific operational details the disclosure of which would jeopardize the security of a correctional or juvenile facility or institution; nothing herein shall permit the disclosure of materials otherwise exempt as set forth in subdivision 1 of subsection B of this section;
Logs or other documents containing information on movement of inmates, juvenile clients or employees; and
Documents disclosing contacts between inmates, juvenile clients and law-enforcement personnel.
Notwithstanding the provisions of this subdivision, reports and information regarding the general operations of the Departments, including notice that an escape has occurred, shall be open to inspection and copying as provided in this section.
Personal information, as defined in § 2.1-379, (i) filed with the Virginia Housing Development Authority concerning individuals who have applied for or received loans or other housing assistance or who have applied for occupancy of or have occupied housing financed, owned or otherwise assisted by the Virginia Housing Development Authority, (ii) concerning persons participating in or persons on the waiting list for federally funded rent-assistance programs, or (iii) filed with any local redevelopment and housing authority created pursuant to § 36-4 concerning persons participating in or persons on the waiting list for housing assistance programs funded by local governments or by any such authority. However, access to one's own information shall not be denied.
Documents regarding the siting of hazardous waste facilities, except as provided in § 10.1-1441, if disclosure of them would have a detrimental effect upon the negotiating position of a governing body or on the establishment of the terms, conditions and provisions of the siting agreement.
Appraisals and cost estimates of real property subject to a proposed purchase, sale or lease, prior to the completion of such purchase, sale or lease.
Records containing information on the site specific location of rare, threatened, endangered or otherwise imperiled plant and animal species, natural communities, caves, and significant historic and archaeological sites if, in the opinion of the public body which has the responsibility for such information, disclosure of the information would jeopardize the continued existence or the integrity of the resource. This exemption shall not apply to requests from the owner of the land upon which the resource is located.
Official records, memoranda, working papers, graphics, video or audio tapes, production models, data and information of a proprietary nature produced by or for or collected by or for the State Lottery Department relating to matters of a specific lottery game design, development, production, operation, ticket price, prize structure, manner of selecting the winning ticket, manner of payment of prizes to holders of winning tickets, frequency of drawings or selections of winning tickets, odds of winning, advertising, or marketing, where such official records have not been publicly released, published, copyrighted or patented. Whether released, published or copyrighted, all game-related information shall be subject to public disclosure under this chapter upon the first day of sales for the specific lottery game to which it pertains.
Official records of studies and investigations by the State Lottery Department of (i) lottery agents, (ii) lottery vendors, (iii) lottery crimes under §§ 58.1-4014 through 58.1-4018, (iv) defects in the law or regulations which cause abuses in the administration and operation of the lottery and any evasions of such provisions, or (v) use of the lottery as a subterfuge for organized crime and illegal gambling where such official records have not been publicly released, published or copyrighted. All studies and investigations referred to under subdivisions (iii), (iv) and (v) shall be subject to public disclosure under this chapter upon completion of the study or investigation.
Those portions of engineering and construction drawings and plans submitted for the sole purpose of complying with the building code in obtaining a building permit which would identify specific trade secrets or other information the disclosure of which would be harmful to the competitive position of the owner or lessee; however, such information shall be exempt only until the building is completed. Information relating to the safety or environmental soundness of any building shall not be exempt from disclosure.
[Repealed.]
Records concerning reserves established in specific claims administered by the Department of General Services through its Division of Risk Management as provided in Article 5.1 (§ 2.1-526.1 et seq.) of Chapter 32 of this title, or by any county, city, or town.
Information and records collected for the designation and verification of trauma centers and other specialty care centers within the Statewide Emergency Medical Services System and Services pursuant to Article 2.1 (§ 32.1-111.1 et seq.) of Title 32.1.
Reports and court documents required to be kept confidential pursuant to § 37.1-67.3.
[Repealed.]
Investigative notes; correspondence and information furnished in confidence with respect to an investigation; and official records otherwise exempted by this chapter or any Virginia statute, provided to or produced by or for the Auditor of Public Accounts and the Joint Legislative Audit and Review Commission; or investigative notes, correspondence, documentation and information furnished and provided to or produced by or for the Department of the State Internal Auditor with respect to an investigation initiated through the State Employee Fraud, Waste and Abuse Hotline. Nothing in this chapter shall prohibit disclosure of information from the records of completed investigations in a form that does not reveal the identity of complainants, persons supplying information or other individuals involved in the investigation; however, disclosure, unless such disclosure is prohibited by this section, of information from the records of completed investigations shall include, but is not limited to, the agency involved, the identity of the person who is the subject of the complaint, the nature of the complaint, and the actions taken to resolve the complaint. In the event an investigation does not lead to corrective action, the identity of the person who is the subject of the complaint may be released only with the consent of the subject person.
Data formerly required to be submitted to the Commissioner of Health relating to the establishment of new or expansion of existing clinical health services, acquisition of major medical equipment, or certain projects requiring capital expenditures pursuant to former § 32.1-102.3:4.
Documentation or other information which describes the design, function, operation or access control features of any security system, whether manual or automated, which is used to control access to or use of any automated data processing or telecommunications system.
Confidential financial statements, balance sheets, trade secrets, and revenue and cost projections provided to the Department of Rail and Public Transportation, provided such information is exempt under the federal Freedom of Information Act or the federal Interstate Commerce Act or other laws administered by the Interstate Commerce Commission or the Federal Rail Administration with respect to data provided in confidence to the Interstate Commerce Commission and the Federal Railroad Administration.
In the case of corporations organized by the Virginia Retirement System, (i) proprietary information provided by, and financial information concerning, coventurers, partners, lessors, lessees, or investors, and (ii) records concerning the condition, acquisition, disposition, use, leasing, development, coventuring, or management of real estate the disclosure of which would have a substantial adverse impact on the value of such real estate or result in a competitive disadvantage to the corporation or subsidiary.
Confidential proprietary records related to inventory and sales, voluntarily provided by private energy suppliers to the Department of Mines, Minerals and Energy, used by that Department for energy contingency planning purposes or for developing consolidated statistical information on energy supplies.
Confidential proprietary information furnished to the Board of Medical Assistance Services or the Medicaid Prior Authorization Advisory Committee pursuant to Article 4 (§ 32.1-331.12 et seq.) of Chapter 10 of Title 32.1.
[Repealed.]
Proprietary, commercial or financial information, balance sheets, trade secrets, and revenue and cost projections provided by a private transportation business to the Virginia Department of Transportation and the Department of Rail and Public Transportation for the purpose of conducting transportation studies needed to obtain grants or other financial assistance under the Intermodal Surface Transportation Efficiency Act of 1991 (P.L. 102-240) for transportation projects, provided such information is exempt under the federal Freedom of Information Act or the federal Interstate Commerce Act or other laws administered by the Interstate Commerce Commission or the Federal Rail Administration with respect to data provided in confidence to the Interstate Commerce Commission and the Federal Railroad Administration. However, the exemption provided by this subdivision shall not apply to any wholly owned subsidiary of a public body.
Names and addresses of subscribers to Virginia Wildlife magazine, published by the Department of Game and Inland Fisheries, provided the individual subscriber has requested in writing that the Department not release such information.
Reports, documents, memoranda or other information or materials which describe any aspect of security used by the Virginia Museum of Fine Arts to the extent that disclosure or public dissemination of such materials would jeopardize the security of the Museum or any warehouse controlled by the Museum, as follows:
Operational, procedural or tactical planning documents, including any training manuals to the extent they discuss security measures;
Surveillance techniques;
Installation, operation, or utilization of any alarm technology;
Engineering and architectural drawings of the Museum or any warehouse;
Transportation of the Museum's collections, including routes and schedules; or
Operation of the Museum or any warehouse used by the Museum involving the:
Number of employees, including security guards, present at any time; or
Busiest hours, with the maximum number of visitors in the Museum.
Reports, documents, memoranda or other information or materials which describe any aspect of security used by the Virginia Department of Alcoholic Beverage Control to the extent that disclosure or public dissemination of such materials would jeopardize the security of any government store as defined in Title 4.1, or warehouse controlled by the Department of Alcoholic Beverage Control, as follows:
Operational, procedural or tactical planning documents, including any training manuals to the extent they discuss security measures;
Surveillance techniques;
The installation, operation, or utilization of any alarm technology;
Engineering and architectural drawings of such government stores or warehouses;
The transportation of merchandise, including routes and schedules; and
The operation of any government store or the central warehouse used by the Department of Alcoholic Beverage Control involving the:
Number of employees present during each shift;
Busiest hours, with the maximum number of customers in such government store; and
Banking system used, including time and place of deposits.
Information required to be provided pursuant to § 54.1-2506.1.
Confidential information designated as provided in subsection D of § 11-52 as trade secrets or proprietary information by any person who has submitted to a public body an application for prequalification to bid on public construction projects in accordance with subsection B of § 11-46.
All information and records acquired during a review of any child death by the State Child Fatality Review Team established pursuant to § 32.1-283.1.
Investigative notes, correspondence, documentation and information provided to or produced by or for the committee or the auditor with respect to an investigation or audit conducted pursuant to § 15.1-765.2. Nothing in this section shall prohibit disclosure of information from the records of completed investigations or audits in a form that does not reveal the identity of complainants or persons supplying information.
Financial, medical, rehabilitative and other personal information concerning applicants for or recipients of loan funds submitted to or maintained by the Assistive Technology Loan Fund Authority under Chapter 11 (§ 51.5-53 et seq.) of Title 51.5.
Confidential proprietary records which are voluntarily provided by a private entity pursuant to a proposal filed with a public entity under the Public-Private Transportation Act of 1995 (§ 56-556 et seq.), pursuant to a promise of confidentiality from the responsible public entity, used by the responsible public entity for purposes related to the development of a qualifying transportation facility; and memoranda, working papers or other records related to proposals filed under the Public-Private Transportation Act of 1995, where, if such records were made public, the financial interest of the public or private entity involved with such proposal or the process of competition or bargaining would be adversely affected. In order for confidential proprietary information to be excluded from the provisions of this chapter, the private entity shall (i) invoke such exclusion upon submission of the data or other materials for which protection from disclosure is sought, (ii) identify the data or other materials for which protection is sought, and (iii) state the reasons why protection is necessary. For the purposes of this subdivision, the terms public entity and private entity shall be defined as they are defined in the Public-Private Transportation Act of 1995.
Records of law-enforcement agencies, to the extent that such records contain specific tactical plans, the disclosure of which would jeopardize the safety or security of law-enforcement personnel or the general public; engineering plans, architectural drawings, or operational specifications of governmental law-enforcement facilities, including but not limited to courthouses, jails, and detention facilities, to the extent that disclosure could jeopardize the safety or security of law-enforcement offices; however, general descriptions shall be provided to the public upon request.
All records of the University of Virginia or the University of Virginia Medical Center which contain proprietary, business-related information pertaining to the operations of the University of Virginia Medical Center, including its business development or marketing strategies and its activities with existing or future joint venturers, partners, or other parties with whom the University of Virginia Medical Center has formed, or forms, any arrangement for the delivery of health care, if disclosure of such information would be harmful to the competitive position of the Medical Center.
Patient level data collected by the Board of Health and not yet processed, verified, and released, pursuant to § 32.1-276.9, to the Board by the nonprofit organization with which the Commissioner of Health has contracted pursuant to § 32.1-276.4.
Records of the Medical College of Virginia Hospitals Authority pertaining to any of the following: (i) an individual's qualifications for or continued membership on its medical or teaching staffs; proprietary information gathered by or in the possession of the Authority from third parties pursuant to a promise of confidentiality; contract cost estimates prepared for confidential use in awarding contracts for construction or the purchase of goods or services; data, records or information of a proprietary nature produced or collected by or for the Authority or members of its medical or teaching staffs; financial statements not publicly available that may be filed with the Authority from third parties; the identity, accounts or account status of any customer of the Authority; consulting or other reports paid for by the Authority to assist the Authority in connection with its strategic planning and goals; and the determination of marketing and operational strategies where disclosure of such strategies would be harmful to the competitive position of the Authority; and (ii) data, records or information of a proprietary nature produced or collected by or for employees of the Authority, other than the Authority's financial or administrative records, in the conduct of or as a result of study or research on medical, scientific, technical or scholarly issues, whether sponsored by the Authority alone or in conjunction with a governmental body or a private concern, when such data, records or information have not been publicly released, published, copyrighted or patented.
Confidential proprietary information or trade secrets, not publicly available, provided by a private person or entity to the Virginia Resources Authority or to a fund administered in connection with financial assistance rendered or to be rendered by the Virginia Resources Authority where, if such information is made public, the financial interest of the private person or entity would be adversely affected, and, after June 30, 1997, where such information was provided pursuant to a promise of confidentiality.
Confidential proprietary records which are provided by a franchisee under § 15.1-23.1 to its franchising authority pursuant to a promise of confidentiality from the franchising authority which relates to the franchisee's potential provision of new services, adoption of new technologies or implementation of improvements, where such new services, technologies or improvements have not been implemented by the franchisee on a nonexperimental scale in the franchise area, and where, if such records were made public, the competitive advantage or financial interests of the franchisee would be adversely affected. In order for confidential proprietary information to be excluded from the provisions of this chapter, the franchisee shall (i) invoke such exclusion upon submission of the data or other materials for which protection from disclosure is sought, (ii) identify the data or other materials for which protection is sought, and (iii) state the reason why protection is necessary.
Records of the Intervention Program Committee within the Department of Health Professions to the extent such records may identify any practitioner who may be, or who is actually, impaired to the extent disclosure is prohibited by § 54.1-2517.
Records submitted as a grant application, or accompanying a grant application, to the Commonwealth Neurotrauma Initiative Advisory Board pursuant to Article 12 (§ 32.1-73.1 et seq.) of Chapter 2 of Title 32.1, to the extent such records contain: (i) medical or mental records, or other data identifying individual patients, or (ii) proprietary business or research related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical or scholarly issues, when such information has not been publicly released, published, copyrighted or patented, if the disclosure of such information would be harmful to the competitive position of the applicant.
Information which would disclose the security aspects of a system safety program plan adopted pursuant to 49 C.F.R. Part 659 by the Commonwealth's designated Rail Fixed Guideway Systems Safety Oversight agency; and information in the possession of such agency the release of which would jeopardize the success of an ongoing investigation of a rail accident or other incident threatening railway safety.
Documents and other information of a proprietary nature furnished by a supplier of charitable gaming supplies to the Charitable Gaming Commission pursuant to subsection E of § 18.2-340.34.
Personal information, as defined in § 2.1-379, provided to the Board of the Virginia Higher Education Tuition Trust Fund or its employees by or on behalf of individuals who have requested information about, applied for, or entered into prepaid tuition contracts pursuant to Chapter 4.9 (§ 23-38.75 et seq.) of Title 23. Nothing in this subdivision shall be construed to prohibit disclosure or publication of information in a statistical or other form which does not identify individuals or provide personal information. Individuals shall be provided access to their own personal information.
Neither any provision of this chapter nor any provision of Chapter 26 (§ 2.1-377 et seq.) of this title shall be construed as denying public access to contracts between a public official and a public body, other than contracts settling public employee employment disputes held confidential as personnel records under subdivision 3 of subsection B of this section, or to records of the position, job classification, official salary or rate of pay of, and to records of the allowances or reimbursements for expenses paid to, any public officer, official or employee at any level of state, local or regional government in the Commonwealth or to the compensation or benefits paid by any corporation organized by the Virginia Retirement System or its officers or employees. The provisions of this subsection, however, shall not apply to records of the official salaries or rates of pay of public employees whose annual rate of pay is $10,000 or less.
No provision of this chapter shall be construed to afford any rights to any person incarcerated in a state, local or federal correctional facility, whether or not such facility is (i) located in the Commonwealth or (ii) operated pursuant to the Corrections Private Management Act (§ 53.1-261 et seq.). However, this subsection shall not be construed to prevent an incarcerated person from exercising his constitutionally protected rights, including but not limited to his rights to call for evidence in his favor in a criminal prosecution.
§ 2.1-343.1. Electronic communication meetings.
It is a violation of this chapter for any political subdivision or any governing body, authority, board, bureau, commission, district or agency of local government to conduct a meeting wherein the public business is discussed or transacted through telephonic, video, electronic or other communication means where the members are not physically assembled. Nothing in this section shall be construed to prohibit the use of interactive audio or video means to expand public participation.
For purposes of subsections B through F of this section, "public body" means any public body of the Commonwealth, as provided in the definitions of "meeting" and "public body" in § 2.1-341, but excluding any political subdivision or any governing body, authority, board, bureau, commission, district or agency of local government. Such public bodies may conduct any meeting, except executive or closed meetings held pursuant to § 2.1-344, wherein the public business is discussed or transacted through telephonic or video means. Where a quorum of a public body of the Commonwealth is physically assembled at one location for the purpose of conducting a meeting authorized under this subsection, additional members of such public body may participate in the meeting through telephonic means provided such participation is available to the public.
Notice of any meetings held pursuant to this section shall be provided at least thirty days in advance of the date scheduled for the meeting. The notice shall include the date, time, place and purpose for the meeting and shall identify the location or locations for the meeting. All locations for the meeting shall be made accessible to the public. All persons attending the meeting at any of the meeting locations shall be afforded the same opportunity to address the public body as persons attending the primary or central location. Any interruption in the telephonic or video broadcast of the meeting shall result in the suspension of action at the meeting until repairs are made and public access restored.
Thirty-day notice shall not be required for telephonic or video meetings continued to address an emergency situation as provided in subsection F of this section or to conclude the agenda of a telephonic or video meeting of the public body for which the proper notice has been given, when the date, time, place and purpose of the continued meeting are set during the meeting prior to adjournment.
The public body shall provide the Director of the Department of
Information Technology with notice of all public meetings held through
telephonic or video means pursuant to this section.
An agenda and materials which will be distributed to members of the public body and which have been made available to the staff of the public body in sufficient time for duplication and forwarding to all location sites where public access will be provided shall be made available to the public at the time of the meeting. Minutes of all meetings held by telephonic or video means shall be recorded as required by § 2.1-343. Votes taken during any meeting conducted through telephonic or video means shall be recorded by name in roll-call fashion and included in the minutes. In addition, the public body shall make an audio recording of the meeting, if a telephonic medium is used, or an audio/visual recording, if the meeting is held by video means. The recording shall be preserved by the public body for a period of three years following the date of the meeting and shall be available to the public.
No more than twenty-five percent of all meetings held annually by a public
body, including meetings of any ad hoc or standing committees, may be held by
telephonic or video means. Any public body which meets by telephonic or video
means shall file with the Director of the Department of Information
Technology Chief Information Officer of the Commonwealth by
July 1 of each year a statement identifying the total number of meetings held
during the preceding fiscal year, the dates on which the meetings were held and
the number and purpose of those conducted through telephonic or video means.
Notwithstanding the limitations imposed by subsection E of this section, a public body may meet by telephonic or video means as often as needed if an emergency exists and the public body is unable to meet in regular session. As used in this subsection "emergency" means an unforeseen circumstance rendering the notice required by this section, or by § 2.1-343 of this chapter, impossible or impracticable and which circumstance requires immediate action. Public bodies conducting emergency meetings through telephonic or video means shall comply with the provisions of subsection D requiring minutes, recordation and preservation of the audio or audio/visual recording of the meeting. The basis for the emergency shall be stated in the minutes.
§ 2.1-440.1. Procurement of computer equipment to be based on performance specifications.
Should any agency or institution elect to procure personal computers and
related peripheral equipment pursuant to any type of blanket purchasing
arrangement under which public bodies, as defined in § 11-37, may purchase
such goods from any vendor following competitive procurement but without the
conduct of an individual procurement by or for the using agency or institution,
it shall establish, with the cooperation of the Department of Information
Technology Services, performance-based specifications for the
selection of brand name equipment. Any brand of equipment which meets such
specifications shall be added to the blanket purchase arrangement at the
request of any responsible bidder or offeror.
§ 2.1-563.42. Definitions.
As used in this chapter, unless the context clearly requires a different meaning:
"Base map data" means the digitized common geographic data that are used by most geographic information systems applications to reference or link attribute or other geographic data.
"Chief Information Officer (CIO)" means the Chief Information Officer of the Commonwealth appointed by the Governor pursuant to § 2.1-563.50.
"Department" means the Department of Technology Services.
"Director" means the Director of the Department of Technology Services.
"Geographic data" means data that contain either coordinates that reference a geographic location or area or attribute data that can be related to a geographic area or location.
"Geographic information system (GIS)" means a computerized system that stores and links geographic data to allow a wide range of information processing and display operations, as well as map production, analysis, and modeling.
"Information technology" means telecommunications, automated data processing, word processing and management information systems, and related information, equipment, goods, and services.
"Public broadcasting services" means the acquisition, production, and distribution by public broadcasting stations of noncommercial educational, instructional, informational, or cultural television and radio programs and information which may be transmitted by means of electronic communications, and any related materials and services provided by such stations.
"Public broadcasting station" means any noncommercial educational television or radio station which (i) is licensed and regulated by the Federal Communications Commission as a noncommercial, educational broadcasting station; (ii) is operated by a public agency or a nonprofit private foundation, corporation, or association; (iii) has offices, studios, and transmitters located in Virginia; and (iv) on or before January 1, 1997, was qualified to receive or was the recipient of a Virginia community service grant or other instructional television service funds, or, after January 1, 1997, was qualified by the Board to receive state funds under standards and criteria established by the Board pursuant to § 2.1-563.72; however, any institution of higher education which produces or transmits distance education and other credit and noncredit television programs, unless such institution requests qualification as a public broadcasting station and the Board approves its request, shall not be included in this definition.
"Resources" means all apparatus, equipment, facilities, and material necessary for, associated with, or useful in the production, distribution, or interconnection of the Commonwealth's information technology, including the buildings and structures necessary to house such apparatus, equipment, and material, and the land necessary therefor; however, telecommunications facilities, computer and computer terminal facilities, and wireless communications facilities under the direct control of the Department of State Police shall not be included in this definition.
"Services" means delivering or providing information technology needs or requirements of or to state agencies and institutions of higher education; however, (i) public broadcasting services and (ii) telecommunications services and wireless communications services and systems under the direct control of the Department of State Police shall not be included in this definition.
"Telecommunications" means any origination, transmission, emission, or reception of signs, signals, writings, images, and sounds or intelligence of any nature, by wire, radio, television, optical, or other electromagnetic systems.
[§ 2.1-563.43 through § 2.1-563.49 reserved.]
§ 2.1-563.50. CIO position established; appointment; term; oath.
To ensure the coordinated planning, practical acquisition, effective development, and efficient use of information technology resources and services to meet the needs of state agencies and institutions of higher education, the position of Chief Information Officer of the Commonwealth is hereby created. The CIO shall be appointed by the Governor, subject to confirmation by the General Assembly if in session when the appointment is made, and if not in session, then at its next succeeding session. The CIO shall be under the direction and supervision of the Governor and shall hold office at the pleasure of the Governor for a term coincident with that of the Governor making the appointment or until a successor shall be appointed and qualified. The CIO shall be responsible to the Governor for the Department of Technology Services, Virginia Geographic Information Network Advisory Board, and Virginia Public Broadcasting Board. Before entering upon the discharge of duties, the CIO shall take an oath to faithfully execute the duties of the office. The CIO shall be considered an extension of the Governor in the management coordination and cohesive direction of the Executive Department ensuring that the laws are faithfully executed. The CIO shall be paid such compensation as the Governor may fix.
The CIO shall be appointed by the Governor from among persons who have demonstrated the knowledge, skills, and abilities in management and information technology that are necessary to efficiently and effectively exercise the powers and fulfill the duties of the Office of the CIO. The qualifications considered shall include education, work experience, and professional activities related to management and information technology resources and services. The CIO shall be the head of the Office of the CIO.
§ 2.1-563.51. Powers and duties of the CIO.
A. The CIO shall have the following general powers:
1. Employ such personnel as may be required to carry out the purposes of this article.
2. Make and enter into all contracts and agreements necessary or incidental to the performance of his duties and execution of his powers, including but not limited to contracts with the United States, other state agencies and institutions of higher education, and political subdivisions of the Commonwealth.
3. Accept grants from the United States government and agencies and instrumentalities thereof and any other source. To these ends, the CIO shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient, or desirable.
4. Prescribe regulations pursuant to the Administrative Process Act (§ 9-6.14:1 et seq.) necessary or incidental to the performance of his duties or execution of his powers.
5. Exercise such powers and perform such duties as are conferred or imposed upon him by law or required of him by the Governor.
B. The CIO shall have the following powers and duties concerning the planning, budgeting, acquiring, using, disposing, managing, and administering of information technology:
1. Monitor trends and advances in information technology; develop a comprehensive, statewide, four-year planning process; and plan for the acquisition, management, and use of information technology. The statewide plan shall be updated annually and submitted to the Governor, the Speaker of the House of Delegates, and the President Pro Tempore of the Senate. In developing and updating such plans, the CIO shall consider, at a minimum, the advice and recommendations of the Technology Services Council provided for herein.
2. Plan and forecast future needs for information technology resources and services and conduct studies and surveys of organizational structure and best management practices of information technology systems and procedures.
3. Provide state agencies and institutions of higher education with assistance and guidance in developing information technology plans and preparing budget requests for information technology.
4. Require state agencies and institutions of higher education to prepare and submit information technology plans to the CIO. The CIO shall have the authority to approve such plans and amendments thereto, including the Department's. All state agencies and institutions of higher education shall maintain current information technology plans which have been approved by the CIO.
5. Monitor implementation of information technology plans.
6. Formulate, direct, and promulgate policies, standards, specifications, and guidelines for information technology in the Commonwealth, including, but not limited to, those (i) required to support state and local government exchange, acquisition, storage, use, sharing, and distribution of geographic or base map data and related technologies and (ii) concerning the use of digital signatures as provided in § 59.1-469.
7. Develop policies and procedures, in consultation with the Department of Planning and Budget, which state agencies and institutions of higher education shall follow when making budget requests for information technology. Such policies and procedures shall require consideration of current and future operating expenses, and shall be utilized by all state agencies and institutions of higher education in preparing budget requests.
8. Review budget requests for information technology from state agencies and institutions of higher education and recommend budget priorities to the Department of Planning and Budget.
9. Develop an approval process to ensure that all procurements of information technology conform to the statewide information technology plan and the information technology plans of state agencies and institutions of higher education.
10. For amounts exceeding $50,000, review and approve procurements of information technology and agreements and contracts for information technology prior to execution between a state agency or institution of higher education and any other public agency or private entity. The CIO may exempt from such review any state agency or institution of higher education which establishes, to the satisfaction of the CIO, its ability and willingness to efficiently and effectively procure information technology pursuant to the state's competitive procurement process. Computing or other equipment containing microprocessors which is to be used solely for "realtime" research purposes by institutions of higher education shall be exempt. All exemptions shall be subject to post-audit by the CIO.
11. Disapprove procurements which do not conform to the statewide information technology plan or the individual plans of state agencies or institutions of higher education.
12. Develop and administer a system to monitor and evaluate executed contracts and billing and collection systems.
13. Compile and maintain an inventory of all information technology resources, including but not limited to personnel, facilities, equipment, goods, and contracts.
14. Establish statewide standards for the efficient exchange of electronic information and technology, including infrastructure, between the public and private sectors in the Commonwealth.
15. Manage, oversee, and administer the Commonwealth Telecommunications Network and the Richmond Metropolitan Area Network.
16. Oversee and administer the Virginia Technology Infrastructure Fund created in § 2.1-563.54.
17. Undertake or cause to be undetaken a biennial benchmarking analysis of data center and telecommunications resources and services performed at or provided by the Department.
18. Evaluate the feasibility of outsourcing information technology resources and services and outsource those resources and services which would be beneficial to the Commonwealth.
19. Report annually to the Joint Commission on Technology and Science created pursuant to § 30-85 on the use and application of information technology by state agencies and institutions of higher education to increase economic efficiency, citizen convenience, and public access to state government and assist the Commission in its effort to stimulate, encourage, and promote the development of technology in the Commonwealth and sound public policies related thereto.
§ 2.1-563.52. Technology Services Council created; membership; duties.
A. There is hereby established a Technology Services Council (the "TSC") to advise and assist the CIO in exercising the powers and performing the duties conferred by this article. The TSC shall consist of twenty-six members. The Governor shall designate two managers or directors of information system divisions employed by state agencies in the Secretariats of Administration; Commerce and Trade; Education, only one of which may be from a state-supported institution of higher education; Finance; Health and Human Resources; Natural Resources; Public Safety; and Transportation; one manager or director of an information system division employed by an independent agency of state government; and two information technology managers or directors of information system divisions employed by local government. For terms coincident with their terms of office, the following shall serve as ex-officio, voting members of the TSC: Director of the Department of Technology Services, Vice Provost for Information Technology and Services at George Mason University, Vice President for Information Technology and Communication at the University of Virginia, Vice President for Information Systems at Virginia Polytechnic Institute and State University, Director of Information Systems of the Supreme Court of Virginia, and Director of the Division of Legislative Automated Systems. The CIO shall be the chairman of the TSC.
B. Of the sixteen TSC members initially designated by the Governor from state agencies in the Secretariats, one from each of the Secretariats shall be appointed for a three-year term and one for a four-year term. The TSC member initially designated by the Governor from an independent agency of the executive branch shall be appointed for a four-year term. Of the two TSC members initially designated by the Governor from local government, one shall be appointed for a three-year term and one for a four-year term. Thereafter, the successors to the persons so designated shall be appointed to four-year terms. No person designated by the Governor shall serve more than two full consecutive terms, and any vacancy occurring other than by expiration of a term shall be filled by the Governor for the unexpired term.
C. The TSC shall meet each month or more frequently upon the call of the chairman.
§ 2.1-563.53. CIO advisory committees.
The CIO may form such advisory committees as he deems necessary, convenient, or desirable to advise and assist him in exercising the powers and performing the duties conferred by this article. Such committees shall be comprised of persons representative of (i) private, (ii) nonprofit, or (iii) public sectors (excluding employees of the Commonwealth or its political subdivisions), who shall be selected for their knowledge of, background in, or experience with information technology. The disclosure requirements of subsection B of § 2.1-639.13 of the State and Local Government Conflicts of Interests Act shall apply to members of the advisory committees. No member of an advisory committee shall be entitled to compensation.
§ 2.1-563.54. Virginia Technology Infrastructure Fund created and continued; purposes; administration.
A. In order for the Commonwealth to take advantage of information technology to provide services and solve problems, there is a need to invest in new and emerging technologies that will provide greater efficiencies in and better responsiveness by state government. To achieve this purpose, the Virginia Technology Infrastructure Fund (the "Fund") is hereby created and continued in the state treasury to fund information technology projects in state government which benefit state agencies and Virginia's citizens and businesses.
B. The Fund shall consist of transfers made from the three internal service funds created pursuant to § 2.1-563.63. Such transfers, in a total amount not to exceed $250,000 in any fiscal year, shall be contributed to the Fund in a percentage proportionate to the amount contained in each internal service fund on the date of the transfer.
C. Interest earned on the Fund shall be credited to the Fund. The Fund shall be permanent and nonreverting. Any unexpended balance exceeding $500,000 at the end of the biennium shall be transferred to the internal service funds in the percentage proportionate to the contributions from each internal service fund. No transfers from the Fund shall be made to the general fund of the state treasury.
D. The CIO shall oversee and administer the Fund and approve funding of appropriate information technology projects. In considering projects for approval, the CIO shall consider the availability of other moneys to fund the project, the project's long-term operation and maintenance costs, and whether the project benefits more than one state agency or institution of higher education.
[2.1-563.55 through § 2.1-563.59 reserved.]
§ 2.1-563.60. Creation of Department; appointment of Director.
There is hereby created the Department of Technology Services to manage the Commonwealth's centralized information technology resources and provide centralized information technology services to state agencies and institutions of higher education. The Department shall be headed by a Director who shall be appointed by the Governor, in consultation with the CIO, to serve at his pleasure for a term coincident with his own.
Whenever in this title and in the Code of Virginia reference is made to a division, department, or agency hereinafter transferred to this Department, it shall mean the Department of Technology Services.
§ 2.1-563.61. Powers and duties of Director.
The Director shall, under the direction and control of the Governor and the immediate supervision of the CIO, exercise such powers and perform such duties as are conferred or imposed upon him by law and he shall perform such other duties as may be required of him by the Governor or, upon the consent of the Governor, the CIO.
§ 2.1-563.62. Powers and duties of Department.
A. The Department shall have the following general powers and duties, all of which, with the approval of the Director, may be exercised by a division of the Department with respect to matters assigned to that division:
1. Employ such personnel as may be required to carry out the purposes of this article.
2. Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this article, including, but not limited to, contracts with the United States, other state agencies and institutions of higher education, and political subdivisions of the Commonwealth.
3. Accept grants from the United States government and agencies and instrumentalities thereof and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient, or desirable.
4. Prescribe rules and regulations necessary or incidental to the performance of duties or execution of powers conferred under this chapter.
5. Establish fee schedules which may be collectible from users when general fund appropriations are not applicable to the services rendered.
6. Do all acts necessary or convenient to carry out the purposes of this chapter.
B. The Department shall have the following powers and duties concerning the development, operation, and management of information technology resources and services:
1. Manage the state data center and provide mainframe and client/server data processing services to state agencies and institutions of higher education.
2. Manage and coordinate the various information technology resources and services used by the Commonwealth.
3. Acquire, lease, or construct facilities and equipment necessary to deliver comprehensive information technology services; and maintain such facilities and equipment owned or leased.
4. Provide technical assistance to state agencies in such areas as: (i) designing information technology systems; (ii) performing systems development services, including design, application programming, and maintenance; (iii) conducting research and sponsoring demonstration projects pertaining to all facets of information technology; and (iv) effecting economies in information technology systems and equipment.
5. Develop and implement information, billing, and collections systems which assist state agencies and institutions of higher education in forecasting information technology needs and managing information technology operations.
6. Prepare and submit a biennial cost allocation plan and any amendments thereto to the Joint Legislative Audit and Review Commission for its approval.
C. All statewide contracts and agreements made and entered into by the Department for the purchase of computers, software, supplies, and related peripheral equipment and services shall provide for the inclusion of counties, cities, and towns in such contracts and agreements. For good cause shown, the CIO may disapprove such inclusion from a specific contract or agreement.
D. Neither this section nor the powers and duties conferred herein shall be construed or applied so as to infringe upon, in any manner, the responsibilities for accounting systems assigned to the Comptroller under § 2.1-196.1.
§ 2.1-563.63. Internal service funds created; purposes.
A. The following internal service funds are hereby created: (i) the Information Technology Consulting Fund to be used exclusively to finance information technology consulting services, automated systems design, development and testing services, and related staff of the Department; (ii) the Computer Services Fund to be used exclusively to finance computer operations and related staff of the Department; and (iii) the Telecommunication Services Fund to be used exclusively to finance telecommunications operations and related staff of the Department.
B. All users of information technology resources or services delivered or provided by the Department shall be assessed a surcharge which shall be (i) in accordance with the cost allocation plan or amendments thereto approved by the Joint Legislative Audit and Review Commission pursuant to § 2.1-563.62, (ii) deposited in the appropriate internal service fund, and (iii) an amount sufficient to finance the general operations of the Department and the Office of the CIO.
C. Additional moneys necessary to establish the funds or finance the general operations of the Department or the Office of the CIO may be paid from the general fund of the state treasury of the Commonwealth of Virginia.
§ 2.1-563.64. Geographic Information Network Division established; powers and duties; Division coordinator.
A. Among other divisions which the Director may deem necessary, convenient, or desirable to carrying out the purposes of this article, there is hereby established within the Department, a Geographic Information Network Division, which shall foster the creative utilization of geographic information and oversee the development of a catalog of GIS data available in the Commonwealth. The Division shall be headed by a coordinator who shall report to the Director. The Division shall have the following powers and duties:
1. Fix, alter, charge, and collect rates, rentals, and other charges for the use or sale of products of, or services rendered by, the Division, at rates which reflect the fair market value.
2. Solicit, receive, and consider proposals for funding projects or initiatives from any state or federal agency, local or regional government, institution of higher education, nonprofit organization, or private person or corporation.
3. Solicit and accept funds, goods, and in-kind services that are part of any accepted project proposal.
4. Establish ad hoc committees or project teams to investigate related technology or technical issues and provide results and recommendations for Division action.
5. Establish such bureaus, sections or units as the Division deems appropriate to carry out its powers and duties.
B. The Division shall have a coordinator, under the supervision of the Director, who shall:
1. Foster the development of a coordinated comprehensive system for providing ready access to electronic state government geographic data products for individuals, businesses, and other entities.
2. Initiate and manage projects or conduct procurement activities relating to the development or acquisition of geographic data and/or statewide base map data.
3. Plan for and coordinate the development or procurement of priority geographic base map data.
4. Develop, maintain, and provide, in the most cost-effective manner, access to the catalog of Virginia geographic data and governmental geographic data users.
5. Provide, upon request, advice and guidance on all agreements and contracts from all branches of state government for geographic data acquisition and design and the installation and maintenance of geographic information systems.
6. Compile a data catalog consisting of descriptions of GIS coverages maintained by individual state and local government agencies; however, nothing in this section shall be construed to require that GIS data be physically delivered to the Division. All state agencies that maintain GIS data bases shall report to the Division the details of the data that they develop, acquire, and maintain. This information shall be reported to the Division no later than June 30, 1998, after which each agency shall submit quarterly reports to the Division specifying all updates to existing data as well as all data development and acquisition currently in progress. Data exempt from the Virginia Freedom of Information Act (§ 2.1-340 et seq.) need not be reported to the Division.
7. Identify and collect information and technical requirements to assist the Division in setting priorities for the development of state digital geographic data and base maps that meet the needs of state agencies, institutions of higher education, and local governments.
8. Provide services, geographic data products, and access to the repository at rates established by the Division.
9. Ensure the compliance of those policies, standards, and guidelines adopted by the Department required to support and govern the security of state and local government exchange, acquisition, storage, use, sharing, and distribution of geographic or base map data and related technologies.
§ 2.1-563.65. GIS Fund created.
There is hereby created in the state treasury a special, nonreverting fund to be known as the GIS Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. All moneys collected pursuant to subsection A of § 2.1-563.64 shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes set forth in § 2.1-563.64. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director.
§ 2.1-563.66. Additional powers and duties of Director.
The Director shall have the power and duty, on the recommendation of the coordinator, to (i) receive and dispense funds; (ii) enter into contracts for carrying out the purposes set forth in § 2.1-563.64; (iii) rent office space and procure equipment, goods, and services that are necessary to carry out the purposes set forth in § 2.1-563.64; and (iv) employ full- or part-time personnel and to fix their compensation.
§ 2.1-563.67. Virginia Geographic Information Network Advisory Board created; membership; terms; meetings; quorum.
A. The Virginia Geographic Information Network Advisory Board (the "Board") is hereby created under the direction and supervision of the Chief Information Officer and shall advise the Division on issues related to the exercise of the Division's powers and duties.
B. The Board shall consist of seventeen members appointed as follows: (i) eleven members to be appointed by the Governor, including: four state agency officials or their designees consisting of the Commonwealth Transportation Commissioner, the Executive Director of the Economic Development Partnership Authority, an agency director from one of the natural resources agencies, and one official from a state institution of higher education; one elected official representing a local government in the Commonwealth; one member of the Virginia Association of Surveyors; one elected official who serves on a planning district commission; two representatives of utilities or transportation industries utilizing geographic data; and two representatives of private businesses with expertise and experience in the establishment, operation, and maintenance of geographic information systems; and (ii) five members of the General Assembly, three of whom shall be members of the House of Delegates, to be appointed by the Speaker of the House of Delegates, and two of whom shall be members of the Senate, to be appointed by the Senate Committee on Privileges and Elections. The Director shall serve as an ex officio, voting member. Any members of the Board who are representatives of private businesses that provide geographic information services, and their companies, are precluded from contracting to provide goods or services to the Division.
C. The gubernatorial appointees to the Board shall serve five-year terms, except that three initial appointees shall serve three-year terms, three shall serve four-year terms, and the remainder shall serve five-year terms. Members appointed by the Governor shall serve no more than two consecutive full terms. All Board members appointed by the Governor shall be confirmed by each house of the General Assembly. Legislative members' terms shall be coincident with their terms of office.
D. The Board shall elect from its membership a chairman, vice chairman, and any other officers deemed necessary. The duties and terms of the officers shall be prescribed by the members. A majority of the Board shall constitute a quorum. Board members shall receive no compensation for their services, but the nongovernmental members shall receive actual expenses in accordance with § 14.1-5. The Board shall meet at least quarterly or at the call of its chairman or the Chief Information Officer.
[§ 2.1-563.68 through § 2.1-563.69 reserved.]
§ 2.1-563.70. Declaration of public purpose; Board created.
A. It is hereby found and determined by the General Assembly that there exists in the Commonwealth a need to support and capitalize on the universal access of public broadcasting to: (i) enrich the lives of all citizens of the Commonwealth without regard to their geographic location or economic status by providing them with programs and services that educate, inform and enlighten; (ii) improve and enhance the educational opportunities available to children from pre-kindergarten through secondary schools, adults, home educators, and students and personnel at colleges and universities of the Commonwealth; (iii) provide the citizens of the Commonwealth with comprehensive information on the activities of state government; (iv) maintain and improve the public broadcasting stations' infrastructures for distribution of broadcast and related services; (v) promote economic development through the wider availability of worker-training and job-skills enhancements; (vi) promote tourism through the widespread distribution of programming that recognizes and displays Virginia's historical, educational, recreational and cultural resources; and (vii) improve efficiency in state government through the use of public broadcasting production and distribution systems.
B. To achieve these public purposes, there is hereby created the Virginia Public Broadcasting Board under the direction and supervision of the Chief Information Officer of the Commonwealth. The exercise by the Board of the powers conferred by this article shall be deemed and held to be the performance of essential governmental functions.
§ 2.1-563.71. Board membership; chairman and vice chairman; duties.
A. The Board shall consist of fifteen members. The Governor shall appoint eleven members, one from each congressional district of the Commonwealth, each of whom shall be confirmed by the affirmative vote of a majority of those voting in each house of the General Assembly. Three of the appointees shall have expertise in at least one of the areas of education, tourism, telecommunications, and economic development, and two shall be participating members of different public broadcasting stations in the Commonwealth. The president of the State Board of Education and the chairmen of the State Council of Higher Education, the State Board of Community Colleges, and the Board of Trustees of the Virginia Museum of Fine Arts, or their designees, shall serve as Board members concurrent with their terms in office. No Board member shall be the chief executive officer or head of any state agency, a member of the General Assembly, or an officer, director, employee, or member of the board of directors of any public broadcasting station.
B. All other appointments shall be for four-year terms; however, the initial terms of the gubernatorial appointees shall be as follows: three for four-year terms, three for three-year terms, two for two-year terms, and three for one-year terms. No appointee shall be eligible to serve more than two successive four-year terms; however, a member appointed to an initial term may serve one additional four-year term.
C. Vacancies for unexpired terms shall be filled by the Governor in the same manner as the original appointment; after the expiration of such term, the appointee may serve one additional four-year term. If the General Assembly refuses or fails to confirm any appointment, such person shall not be eligible for reappointment.
D. The Governor shall designate a Board member to serve as chairman, who shall preside over meetings of the Board, communicate on behalf of the Board to the outside entities interested in public broadcasting, and perform additional duties as may be set by resolution of the Board. Board members may elect a vice-chairman from their membership and appoint a secretary who may or may not be a member of the Board. The Board shall meet at the call of its chairman. A majority of the Board members shall constitute a quorum.
E. Board members shall be reimbursed for the reasonable and necessary expenses incurred in performance of their duties. Such reimbursements and other expenses of the Board shall be paid from funds which the Department of Planning and Budget shall annually withhold from appropriations to public broadcasting stations in an amount sufficient to defray the estimated reasonable and necessary expenses of the Board.
§ 2.1-563.72. Powers of the Board.
The Board shall have all the powers necessary or convenient to carry out the purposes and provisions of this article, including, without limitation, to:
1. Receive, allocate, and dispense funds appropriated by the General Assembly and any funds received by the Board from other sources, subject to the approval of the Director of the Department of Planning and Budget;
2. Develop reasonable and fair formulas for allocating and distributing state funds and other funds of the Board to Virginia's public broadcasting stations consistent with the intent of such appropriations;
3. Apply for, accept, and receive grants of federal funds and funds from other public and private sources;
4. Adopt, administer, and apply standards and criteria by which the Board may permit television and radio stations to qualify as public broadcasting stations if those stations did not qualify for or receive Virginia community service grants or other instructional television service funds as of January 1, 1997, but otherwise qualify as such under the definition of a public broadcasting station in § 2.1-563.42. To avoid unnecessary duplication of public broadcasting services, the Board shall consider the: (i) adequacy of existing programming, coverage, and other public broadcasting services in the geographic area to be served and the extent to which those services would be duplicated by an additional public broadcasting station and (ii) sufficiency of funds administered by the Board to support existing or proposed public broadcasting stations;
5. Coordinate such strategic planning by the public broadcasting stations as the Board deems appropriate and identify and communicate to the Governor and the General Assembly the funding and other requirements of Virginia's public broadcasting stations; and
6. Enter into contracts with public broadcasting stations, state agencies and institutions of higher education, public schools and private entities for goods and services.
§ 2.1-563.73. Funds of the Board.
The Director of the Department of Planning and Budget shall oversee and approve the disbursement of all funds appropriated to the Board. Upon approval, the funds of the Board shall be dispensed for the following general purposes:
1. Community services. Annual operating grant-funding to public broadcasting stations for developing, acquiring, producing, and distributing programs and related services which support local needs of pre-school and adult education; disseminating information to the citizenry regarding the government and its affairs; promoting tourism and enhancing the Commonwealth's economic development; and supporting other programs which inform, educate, and entertain the citizenry with noncommercial programming.
2. Instructional services. Annual contract-funding to public broadcasting stations to regionally manage and provide programming and related services which directly support the instructional activities of local schools and home educators.
3. Capital improvements. Matching capital-funding to public broadcasting stations for construction and equipment modernization to keep Virginia stations consistent with industry standards.
4. Special appropriations. Funding for specific programs and projects to be provided by a public broadcasting station which may not be included in another funding category.
§ 2.1-563.74. Exemption from Virginia Public Procurement Act.
State agencies, institutions of higher education, and political subdivisions of the Commonwealth may enter into contracts with public broadcasting stations for program production, broadcasting, transmission, distribution, and related communications services without competitive sealed bidding or competitive negotiation as required by the Virginia Public Procurement Act (§ 11-35 et seq.).
§ 2.1-563.75. Staff and employees prohibited; cooperation of other agencies.
The Board shall not be authorized to hire, employ, or contract for its own staff or employees, but may request administrative support from public broadcasting stations and the Office of the Chief Information Officer. The Department of Technology Services shall, upon request, provide to the Board and public broadcasting stations the same scope of technical communications and related services which the Department or its predecessor agencies provided on or before July 1, 1998, to the Virginia Public Telecommunications Board and Virginia's public broadcasting stations. All departments, commissions, boards, agencies, officers, and institutions of higher education of the Commonwealth or any political subdivision thereof shall cooperate with the Board in carrying out the purposes of this article.
§ 2.1-563.76. Forms of accounts and records; audit; annual report.
The accounts and records of the Board showing the receipt and disbursement of funds from whatever source derived shall be in such form as the Auditor of Public Accounts prescribes. The Auditor of Public Accounts, or his legally authorized representatives, shall annually examine the accounts and books of the Board. The Board shall submit an annual report to the Governor and General Assembly on or before November 1 of each year. Such report shall contain the audited annual financial statements of the Board for the year ending the preceding June 30. The annual report shall be distributed in accordance with the provisions of § 2.1-467.
[§ 2.1-563.77 through § 2.1-563.79 reserved.]
§ 9-6.14:4.1. Exemptions and exclusions.
A. Although required to comply with § 9-6.18 of the Virginia Register Act (§ 9-6.15 et seq.), the following agencies are exempted from the provisions of this chapter, except to the extent that they are specifically made subject to §§ 9-6.14:14.1, 9-6.14:21 and 9-6.14:22:
1. The General Assembly.
2. Courts, any agency of the Supreme Court, and any agency which by the Constitution is expressly granted any of the powers of a court of record.
3. The Department of Game and Inland Fisheries in promulgating regulations regarding the management of wildlife and for all case decisions rendered pursuant to any provisions of Chapters 2 (§ 29.1-200 et seq.), 3 (§ 29.1-300 et seq.), 4 (§ 29.1-400 et seq.), 5 (§ 29.1-500 et seq.), and 7 (§ 29.1-700 et seq.) of Title 29.1.
4. The Virginia Housing Development Authority.
5. Municipal corporations, counties, and all local, regional or multijurisdictional authorities created under this Code, including those with federal authorities.
6. Educational institutions operated by the Commonwealth provided that, with respect to § 9-6.14:22, such educational institutions shall be exempt from the publication requirements only with respect to regulations which pertain to (i) their academic affairs; (ii) the selection, tenure, promotion and disciplining of faculty and employees; (iii) the selection of students; and (iv) rules of conduct and disciplining of students.
7. The Milk Commission in promulgating regulations regarding (i) producers' licenses and bases, (ii) classification and allocation of milk, computation of sales and shrinkage, and (iii) class prices for producers' milk, time and method of payment, butterfat testing and differential.
8. The Virginia Resources Authority.
9. Agencies expressly exempted by any other provision of this Code.
10. The Virginia Voluntary Formulary Board in formulating recommendations regarding amendments to the Formulary pursuant to § 32.1-81.
11. The Council on Information Management.
12. The Department of General Services in promulgating standards for the inspection of buildings for asbestos pursuant to § 2.1-526.14.
13, 14. [Repealed.]
15. The State Council of Higher Education for Virginia, in developing, issuing, and revising guidelines pursuant to § 23-9.6:2.
16. The Commissioner of Agriculture and Consumer Services in adopting regulations pursuant to subsection B of § 3.1-726.
17. The Commissioner of Agriculture and Consumer Services and the Board of Agriculture and Consumer Services in promulgating regulations pursuant to subsections B and C of § 3.1-106.4, subsection B of § 3.1-126.12:1, § 3.1-271.1, § 3.1-398, subsections B and C of § 3.1-828.4, and subsection A of § 3.1-884.21:1.
18. The Board of Optometry when specifying therapeutic pharmaceutical agents, treatment guidelines, and diseases and abnormal conditions of the human eye and its adnexa for TPA-certification of optometrists pursuant to Article 5 (§ 54.1-3222 et seq.) of Chapter 32 of Title 54.1.
19. The Board of Medicine, in consultation with the Board of Pharmacy, when promulgating amendments to the Physician Assistant Formulary established pursuant to § 54.1-2952.1.
20. The Boards of Medicine and Nursing in promulgating amendments to the Nurse Practitioner Formulary established pursuant to § 54.1-2957.01.
21. The Virginia War Memorial Foundation.
22. The Virginia Medicaid Prior Authorization Advisory Committee in making recommendations to the Board of Medical Assistance Services regarding prior authorization for prescription drug coverage pursuant to Article 4 (§ 32.1-331.12 et seq.) of Chapter 10 of Title 32.1.
23. The State Board of Education, in developing, issuing, and revising guidelines pursuant to § 22.1-280.3.
24. The Virginia Student Assistance Authorities.
25. The Virginia Racing Commission, when acting by and through its duly appointed stewards or in matters related to any specific race meeting.
26. The Virginia Small Business Financing Authority.
27. The Virginia Economic Development Partnership Authority.
28. The Board of Agriculture and Consumer Services in adopting, amending or repealing regulations pursuant to subdivision A (ii) of § 59.1-156.
29. The Insurance Continuing Education Board pursuant to § 38.2-1867.
B. Agency action relating to the following subjects is exempted from the provisions of this chapter:
1. Money or damage claims against the Commonwealth or agencies thereof.
2. The award or denial of state contracts, as well as decisions regarding compliance therewith.
3. The location, design, specifications or construction of public buildings or other facilities.
4. Grants of state or federal funds or property.
5. The chartering of corporations.
6. Customary military, naval or police functions.
7. The selection, tenure, dismissal, direction or control of any officer or employee of an agency of the Commonwealth.
8. The conduct of elections or eligibility to vote.
9. Inmates of prisons or other such facilities or parolees therefrom.
10. The custody of persons in, or sought to be placed in, mental, penal or other state institutions as well as the treatment, supervision, or discharge of such persons.
11. Traffic signs, markers or control devices.
12. Instructions for application or renewal of a license, certificate, or registration required by law.
13. Content of, or rules for the conduct of, any examination required by law.
14. The administration of a pool or pools authorized by Article 7.1 (§ 2.1-234.9:1 et seq.) of Chapter 14 of Title 2.1.
15. Any rules for the conduct of specific lottery games, so long as such rules are not inconsistent with duly adopted regulations of the State Lottery Board, and provided that such regulations are published and posted.
16. Orders condemning or closing any shellfish, finfish, or crustacea growing area and the shellfish, finfish or crustacea located thereon pursuant to Article 2 (§ 28.2-803 et seq.) of Chapter 8 of Title 28.2.
17. Any operating procedures for review of child deaths developed by the State Child Fatality Review Team pursuant to § 32.1-283.1.
18. The regulations for the implementation of the Health Practitioners' Intervention Program and the activities of the Intervention Program Committee pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of Title 54.1.
19. The process of reviewing and ranking grant applications submitted to the Commonwealth Neurotrauma Initiative Advisory Board pursuant to Article 12 (§ 32.1-73.1 et seq.) of Chapter 2 of Title 32.1.
20. Loans from the Small Business Environmental Compliance Assistance Fund pursuant to Article 4 (§ 10.1-1197.1 et seq.) of Chapter 11.1 of Title 10.1.
C. The following agency actions otherwise subject to this chapter and § 9-6.18 of the Virginia Register Act are excluded from the operation of Article 2 (§ 9-6.14:7.1 et seq.) of this chapter:
1. Agency orders or regulations fixing rates or prices.
2. Regulations which establish or prescribe agency organization, internal practice or procedures, including delegations of authority.
3. Regulations which consist only of changes in style or form or corrections of technical errors. Each promulgating agency shall review all references to sections of the Code of Virginia within their regulations each time a new supplement or replacement volume to the Code of Virginia is published to ensure the accuracy of each section or section subdivision identification listed.
4. Regulations which:
(a) Are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved;
(b) Are required by order of any state or federal court of competent jurisdiction where no agency discretion is involved; or
(c) Are necessary to meet the requirements of federal law or regulations, provided such regulations do not differ materially from those required by federal law or regulation, and the Registrar has so determined in writing; notice of the proposed adoption of these regulations and the Registrar's above determination shall be published in the Virginia Register not less than thirty days prior to the effective date thereof.
5. Regulations which an agency finds are necessitated by an emergency situation. For the purposes of this subdivision, "emergency situation" means (i) a situation involving an imminent threat to public health or safety or (ii) a situation in which Virginia statutory law or the appropriation act or federal law or federal regulation requires that a regulation shall be effective in 280 days or less from enactment of the law or the appropriation act or the effective date of the federal regulation, and the regulation is not exempt under the provisions of subdivision C 4 of this section. In such cases, the agency shall state in writing the nature of the emergency and of the necessity for such action and may adopt such regulations. Pursuant to § 9-6.14:9, such regulations shall become effective upon approval by the Governor and filing with the Registrar of Regulations. Such regulations shall be limited to no more than twelve months in duration. During the twelve-month period, an agency may issue additional emergency regulations as needed addressing the subject matter of the initial emergency regulation, but any such additional emergency regulations shall not be effective beyond the twelve-month period from the effective date of the initial emergency regulation. If the agency wishes to continue regulating the subject matter governed by the emergency regulation beyond the twelve-month limitation, a regulation to replace the emergency regulation shall be promulgated in accordance with Article 2 (§ 9-6.14:7.1 et seq.) of this chapter. The Notice of Intended Regulatory Action to promulgate a replacement regulation shall be filed with the Registrar within sixty days of the effective date of the emergency regulation and published as soon as practicable, and the proposed replacement regulation shall be filed with the Registrar within 180 days after the effective date of the emergency regulation and published as soon as practicable.
6. [Repealed.]
7. Preliminary program permit fees of the Department of Environmental Quality assessed pursuant to subsection C of § 10.1-1322.2.
8. Regulations of the Pesticide Control Board adopted pursuant to subsection B of § 3.1-249.51 or clause (v) or (vi) of subsection C of § 3.1-249.53 after having been considered at two or more Board meetings and one public hearing.
9. Regulations of the regulatory boards served by (i) the Department of Labor and Industry pursuant to Title 40.1 and (ii) the Department of Professional and Occupational Regulation or the Department of Health Professions pursuant to Title 54.1 which are limited to reducing fees charged to regulants and applicants.
10. The development and issuance of procedural policy relating to risk-based mine inspections by the Department of Mines, Minerals and Energy authorized pursuant to §§ 45.1-161.82 and 45.1-161.292:55.
11. General permits issued by the State Air Pollution Control Board pursuant to Chapter 13 (§ 10.1-1300 et seq.) of Title 10.1 if the Board: (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of subsection B of § 9-6.14:7.1, (ii) following the passage of thirty days from the publication of the Notice of Intended Regulatory Action forms a technical advisory committee composed of relevant stakeholders, including potentially affected citizens groups, to assist in the development of the general permit, (iii) provides notice and receives oral and written comment as provided in subsection F of § 9-6.14:7.1, and (iv) conducts at least one public hearing on the proposed general permit.
12. General permits issued by the State Water Control Board pursuant to the State Water Control Law (§ 62.1-44.2 et seq.), Chapter 24 (§ 62.1-242 et seq.) of Title 62.1 and Chapter 25 (§ 62.1-254 et seq.) of Title 62.1 if the Board: (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of subsection B of § 9-6.14:7.1, (ii) following the passage of thirty days from the publication of the Notice of Intended Regulatory Action forms a technical advisory committee composed of relevant stakeholders, including potentially affected citizens groups, to assist in the development of the general permit, (iii) provides notice and receives oral and written comment as provided in subsection F of § 9-6.14:7.1, and (iv) conducts at least one public hearing on the proposed general permit.
13. The development and issuance by the Board of Education of guidelines on constitutional rights and restrictions relating to the recitation of the pledge of allegiance to the American flag in public schools pursuant to § 22.1-202.
14. Regulations of the Board of the Virginia Higher Education Tuition Trust Fund promulgated pursuant to § 23-38.77.
15. The development and issuance of general wetlands permits by the Marine Resources Commission pursuant to subsection B of § 28.2-1307 if the Commission: (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of subsection B of § 9-6.14:7.1, (ii) following the passage of thirty days from publication of the Notice of Intended Regulatory Action forms a technical advisory committee composed of relevant stake holders, including potentially affected citizens groups, to assist in the development of the general permit, (iii) provides notice and receives oral and written comment as provided in subsection F of § 9-6.14:7.1, and (iv) conducts at least one public hearing on the proposed general permit.
Whenever regulations are adopted under this subsection C, the agency shall state as part thereof that it will receive, consider and respond to petitions by any interested person at any time with respect to reconsideration or revision. The effective date of regulations adopted under this subsection shall be in accordance with the provisions of § 9-6.14:9.3, except in the case of emergency regulations, which shall become effective as provided in subsection A of § 9-6.14:9.
D. The following agency actions otherwise subject to this chapter are excluded from the operation of Article 3 (§ 9-6.14:11 et seq.) of this chapter:
1. The assessment of taxes or penalties and other rulings in individual cases in connection with the administration of the tax laws.
2. The award or denial of claims for workers' compensation.
3. The grant or denial of public assistance.
4. Temporary injunctive or summary orders authorized by law.
5. The determination of claims for unemployment compensation or special unemployment.
6. The suspension of any license, certificate, registration or authority granted any person by the Department of Health Professions or the Department of Professional and Occupational Regulation for the dishonor, by a bank or financial institution named, of any check, money draft or similar instrument used in payment of a fee required by statute or regulation.
E. Appeals from decisions of the Governor's Employment and Training Department otherwise subject to this chapter are excluded from the operation of Article 4 (§ 9-6.14:15 et seq.) of this chapter.
F. The Marine Resources Commission, otherwise subject to this chapter and § 9-6.18 of the Virginia Register Act, is excluded from the operation of subdivision C 5 of this section and of Article 2 (§ 9-6.14:7.1 et seq.) of this chapter.
G. A regulation for which an exemption is claimed under this section and which is placed before a board or commission for consideration shall be provided at least two days in advance of the board or commission meeting to members of the public that request a copy of that regulation. A copy of that regulation shall be made available to the public attending such meeting.
H. The Joint Legislative Audit and Review Commission shall conduct a review periodically of exemptions and exclusions authorized by this section. The purpose of this review shall be to assess whether there are any exemptions or exclusions which should be discontinued or modified.
I. Minor changes to regulations being published in the Virginia Administrative Code under the Virginia Register Act, Chapter 1.2 (§ 9-6.15 et seq.) of this title, made by the Virginia Code Commission pursuant to § 9-77.10:1 shall be exempt from the provisions of this chapter.
§ 9-6.23. Prohibition against service by legislators on boards, commissions, and councils within the executive branch.
Members of the General Assembly shall be ineligible to serve on boards,
commissions, and councils within the executive branch which are responsible for
administering programs established by the General Assembly. Such prohibition
shall not extend to boards, commissions, and councils engaged solely in policy
studies or commemorative activities. If any law directs the appointment of any
member of the General Assembly to a board, commission, or council in the
executive branch which is responsible for administering programs established by
the General Assembly, such portion of such law shall be void, and the Governor
shall appoint another person from the Commonwealth at large to fill such a
position. The provisions of this section shall not apply, however, to members
of the Board for Branch Pilots, who shall be appointed as provided for in
§ 54.1-901; to members of the Board on Veterans' Affairs, who shall be
appointed as provided for in § 2.1-741; to members of the Council on
Indians, who shall be appointed as provided for in § 9-138.1; to members
of the Virginia Technology Council, who shall be appointed as provided for in
§ 9-145.51; to members of the Board of Trustees of the Southwest Virginia
Higher Education Center, who shall be appointed as provided for in §
23-231.3; to members of the Maternal and Child Health Council, who shall be
appointed as provided for in § 9-318; to members of the Virginia
Interagency Coordinating Council who shall be appointed as provided for in
§ 2.1-750; to members of the Advisory Council on the Virginia
Business-Education Partnership Program, who shall be appointed as provided in
§ 9-326; to members of the Advisory Commission on Welfare Reform, who
shall be appointed as provided for in § 63.1-133.44; to members of the
Virginia Correctional Enterprises Advisory Board, who shall be appointed as
provided for in § 2.1-451.2; to members appointed to the Virginia Veterans
Cemetery Board pursuant to § 2.1-739.2; to members appointed to the Board
of Trustees of the Roanoke Higher Education Authority pursuant to §
23-231.15; to members of the Commonwealth Competition Commission, who shall be
appointed as provided for in § 9-343; to members of the Virginia
Geographic Information Network Advisory Board, who shall be appointed as
provided for in § 2.1-563.41 § 2.1-563.67; or
to members of the Advisory Commission on the Virginia Schools for the Deaf and
the Blind, who shall be appointed as provided for in § 22.1-346.1.
§ 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
Board of Agriculture and Consumer Services
Board of Audiology and Speech-Language Pathology
Board of Coal Mining Examiners
Board of Conservation and Recreation
Board of Correctional Education
Board of Dentistry
Board of Directors, Virginia Student Assistance Authorities
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 Mineral Mining Examiners
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
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 Council
Commission on Local Government
Commonwealth Transportation Board
Council on Human Rights
Council on Information Management
Criminal Justice Services Board
Design-Build/Construction Management Review Board
Disability Services Council
Farmers Market Board, Virginia
Interdepartmental Council on Rate-setting for Children's Facilities
Library Board, The Library of Virginia
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 Air Pollution Control Board
State Board of Corrections
State Board of Elections
State Board of Health
State Board of Juvenile Justice
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 and Lead
Virginia Fire Services Board
Virginia Gas and Oil Board
Virginia Health Planning Board
Virginia Manufactured Housing Board
Virginia Parole Board
Virginia Public Broadcasting Board
Virginia Soil and Water Conservation Board
Virginia Voluntary Formulary Board
Virginia Waste Management Board
Waste Management Facility Operators, Board for.
§ 9-145.51. Membership; terms; chairman and vice chairman; staff.
The Council shall be composed of the following nineteen members: one member of
the House of Delegates, one member of the Senate, the Secretary of Commerce and
Trade, the Secretary of Administration, the President of the Center for
Innovative Technology, the Director of the Council on Information
Management Chief Information Officer of the
Commonwealth, and a representative of the Virginia Chamber of Commerce.
After consultation with the regional technology councils and regional chambers
of commerce, the Governor shall appoint twelve members representing the
geographic diversity of the Commonwealth.
The member of the House of Delegates shall be appointed by the Speaker of the House of Delegates for a term of two years and the member of the Senate by the Senate Committee on Privileges and Elections for a term of four years. Legislators' terms shall be concurrent with their elected terms of office, provided that the terms of such members shall terminate in the event they no longer are members of their respective houses. Appointments to fill legislative vacancies shall be for the unexpired term and shall be made in the same manner as the original appointment.
The Council shall elect a chairman and a vice chairman from among its members and develop bylaws that govern the terms served by the nonlegislative members.
Staff support for the Council shall be provided by the Center for Innovative Technology.
§ 9-361. Board of directors.
The Authority shall be governed by a board of directors consisting of eleven
members, two of whom shall be the Secretary of Administration and the
Director of the Council on Information Management Chief Information
Officer of the Commonwealth, both of whom shall serve during their terms
of office. The remaining nine members shall be appointed by the Governor as
follows: three members who are chief executive officers of agencies in the
executive branch; two members from a list submitted by the Virginia State Bar;
three members from user associations of a statewide character, except that no
two shall represent the same user association; and one member from a list
submitted by the State Librarian. Three members appointed by the Governor shall
be appointed for terms of one year, three for terms of two years, and three for
terms of three years, effective from their dates of appointment. Thereafter,
board members shall be appointed for terms of three years. All board members
appointed by the Governor shall be confirmed by the affirmative vote of a
majority of those voting in each house of the General Assembly. Vacancies in
board membership shall be filled by appointment for the unexpired portion of
the term. Board members shall be subject to removal from office for cause. The
board shall annually elect one of its members as chairman, one as
vice-chairman, and another as secretary. The board may also elect other
subordinate officers, who may or may not be members of the board, as it deems
proper. The chairman or, in his absence, the vice-chairman shall preside at all
meetings of the board. In the absence of both the chairman and vice-chairman,
the board shall appoint a chairman pro tempore, who shall preside at such
meetings. Six members shall constitute a quorum for the transaction of the
Authority's business, and no vacancy in the membership shall impair the right
of a quorum to exercise all the rights and perform all the duties of the
Authority. Pursuant to § 14.1-5, board members shall be entitled to
reimbursement for their reasonable travel, meal and lodging expenses incurred
in attending board meetings or while otherwise engaged in discharging their
duties. Such expenses shall be paid out of the treasury of the Authority upon
vouchers signed by the board chairman or by such other person as the board
designates for this purpose. The board shall employ a network manager of the
Authority, who shall serve at the pleasure of the board, to direct the
day-to-day operations and activities of the Authority and carry out the powers
and duties conferred upon him as may be delegated to him by the board. The
network manager and employees of the Authority shall be compensated in the
manner provided by the board.
§ 15.2-2232. Legal status of plan.
A. Whenever a local planning commission recommends a comprehensive plan or part thereof for the locality and such plan has been approved and adopted by the governing body, it shall control the general or approximate location, character and extent of each feature shown on the plan. Thereafter, unless a feature is already shown on the adopted master plan or part thereof or is deemed so under subsection D, no street or connection to an existing street, park or other public area, public building or public structure, public utility facility or public service corporation facility other than railroad facility, whether publicly or privately owned, shall be constructed, established or authorized, unless and until the general location or approximate location, character, and extent thereof has been submitted to and approved by the commission as being substantially in accord with the adopted comprehensive plan or part thereof. In connection with any such determination the commission may, and at the direction of the governing body shall, hold a public hearing, after notice as required by § 15.2-2204.
B. The commission shall communicate its findings to the governing body, indicating its approval or disapproval with written reasons therefor. The governing body may overrule the action of the commission by a vote of a majority of its membership. Failure of the commission to act within sixty days of a submission, unless the time is extended by the governing body, shall be deemed approval. The owner or owners or their agents may appeal the decision of the commission to the governing body within ten days after the decision of the commission. The appeal shall be by written petition to the governing body setting forth the reasons for the appeal. The appeal shall be heard and determined within sixty days from its filing. A majority vote of the governing body shall overrule the commission.
C. Widening, narrowing, extension, enlargement, vacation or change of use of streets or public areas shall likewise be submitted for approval, but paving, repair, reconstruction, improvement, drainage or similar work and normal service extensions of public utilities or public service corporations shall not require approval unless involving a change in location or extent of a street or public area.
D. Any public area, facility or use as set forth in subsection A which is identified within, but not the entire subject of, a submission under either § 15.2-2258 for subdivision or provision 8 of § 15.2-2286 for development or both may be deemed a feature already shown on the adopted master plan, and, therefore, excepted from the requirement for submittal to and approval by the commission or the governing body; provided, that the governing body has by ordinance or resolution defined standards governing the construction, establishment or authorization of such public area, facility or use or has approved it through acceptance of a proffer made pursuant to § 15.2-2303.
E. Approval and funding of a public telecommunications facility by the
Virginia Public Broadcasting Board pursuant to Article 6.1
(§ 2.1-563.27:1 et seq.) of Chapter 35.2 Article 4
(§ 2.1-563.70 et seq.) of Chapter 35.3 of Title 2.1 shall be deemed
to satisfy the requirements of this section and local zoning ordinances with
respect to such facility with the exception of television and radio towers and
structures not necessary to house electronic apparatus. The exemption provided
for in this subsection shall not apply to facilities existing or approved by
the Virginia Public Telecommunications Board prior to July 1, 1990. The
Virginia Public Broadcasting Board shall notify the governing body of the
locality in advance of any meeting where approval of any such facility shall be
acted upon.
§ 22.1-199.1. Programs designed to promote educational opportunities.
The General Assembly finds that Virginia educational research supports the conclusion that poor children are more at risk of educational failure than children from more affluent homes and that reduced pupil-teacher ratios and class sizes result in improved academic performance among young children; to this end, the General Assembly establishes a long-term goal of reducing pupil-teacher ratios and class sizes for grades K through 3 in those schools in the Commonwealth with high or moderate concentrations of at-risk students.
Effective July 1, 1996, and with such funds as are provided in the appropriation act for this purpose, there is hereby established the statewide voluntary pupil-teacher ratio and class size reduction program for the purpose of reaching the long-term goal of statewide voluntary pupil-teacher ratio and class size reductions for grades K through 3 in schools with high or moderate concentrations of at-risk students, consistent with the provisions first provided during the 1994-1995 school year.
In order to facilitate these primary grade ratio and class size reductions, the Department of Education shall calculate the state funding of these voluntary ratio and class size reductions based on the incremental cost of providing the lower class sizes according to the greater of the division average per-pupil cost of all divisions or the actual division per-pupil cost. Localities shall provide matching funds for these voluntary ratio and class size reductions based on the composite index of local ability to pay. School divisions shall notify the Department of Education of their intention to implement the reduced ratios and class sizes in one or more of their qualifying schools by August 1 of each year. By March 31 of each year, school divisions shall forward data substantiating that each participating school has a complying pupil-teacher ratio.
In developing the proposed 1996-1998 biennium budget for public education, the Board of Education shall include funding for these ratios and class sizes. Effective July 1, 1996, the ratios and class sizes shall be included in the annual budget for public education.
The General Assembly finds that educational technology is one of the most important components, along with highly skilled teachers, in ensuring the delivery of quality public school education throughout the Commonwealth. Further, the General Assembly notes that education technology can only be successful if teachers and administrators are provided adequate training and assistance. To this end, the following program is established. With such funds as are appropriated for this purpose, the Board of Education shall award to the several school divisions grants for expanded access to educational technology. Funding for educational technology training for instructional personnel shall be provided as set forth in the appropriation act, including funds for providing a technology resource assistant to serve every elementary school in this Commonwealth beginning on July 1, 1998. Any local school board accepting these funds to hire such technology resource assistants shall commit to providing the required matching funds, based on the composite index of local ability to pay. Each qualifying school board shall establish an individualized technology plan, which shall be approved by the Superintendent of Public Instruction, for integrating technology into the classroom and into schoolwide instructional programs. The grants shall be prioritized as follows:
In the 1994 biennium, the first priority for these funds shall be to automate the library media centers and provide network capabilities in Virginia's elementary, middle and high schools, or combination thereof, in order to ensure access to the statewide library and other information networks. If any elementary, middle or high school has already met this priority, the 1994 biennium grant shall be used to provide other educational technologies identified in the relevant division's approved technology plan, such as multimedia and telecomputing packages, integrated learning systems, laptop computer loan programs, vocational technology laboratories or other electronic techniques designed to enhance public education and to facilitate teacher training in and implementation of effective instructional technology. The Board shall also distribute, as provided in the appropriation act, funds to support the purchase of electronic reference materials for use in the statewide automated reference system.
In the 1996 biennium, the first priority for funding shall be consistent with those components of the Board of Education's revised six-year technology plan which focus on (i) retrofitting and upgrading existing school buildings to efficiently use educational technology; (ii) providing (a) one network-ready multimedia microcomputer for each classroom, (b) a five-to-one ratio of pupils to network-ready microcomputers, (c) graphing calculators and relevant scientific probes/sensors as required by the Standards of Learning, and (d) training and professional development on available technologies and software to all levels and positions; and (iii) assisting school divisions in developing integrated voice, video, and data-connectivity to local, national and international resources. This funding may be used to implement a local school division's long-range technology plan, at the discretion of the relevant school board, if the local plan meets or exceeds the goals and standards of the Board's revised six-year technology plan and has been approved by the Superintendent of Public Instruction.
The Departments of Education, Information Technology
Services, and General Services shall coordinate master contracts for the
purchase by local school boards of the aforementioned educational technologies
and reference materials.
Beginning on July 1, 1998, a technology replacement program shall be, with such funds as may be appropriated for this purpose, implemented to replace obsolete educational hardware and software. As provided in § 22.1-129 D, school boards may donate obsolete educational technology hardware and software which is being replaced. Any such donations shall be offered to other school divisions and to preschool programs in the Commonwealth.
The General Assembly finds that effective prevention programs designed to assist children at risk of school failure and dropout are practical mechanisms for reducing violent and criminal activity and for ensuring that Virginia's children will reach adulthood with the skills necessary to succeed in the twenty-first century; to this end, the following program is hereby established. With such funds as are appropriated for this purpose, the General Assembly hereby establishes a grant program to be disbursed by the Department of Education to schools and community-based organizations to provide quality preschool programs for at-risk four-year-olds who are unserved by another such program. The grants shall be used to provide full-day and at least school-year programs for at-risk four-year-old children that include quality preschool education, health services, social services, parental involvement including activities to promote family literacy, and transportation. The Department of Education, in cooperation with such other state agencies which may coordinate child day care and early childhood programs, shall establish guidelines for quality preschool education and criteria for the service components, consistent with the findings of the November 1993 study by the Board of Education, the Department of Education, and the Council on Child Day Care and Early Childhood Programs. During the 1995-96 fiscal year, the Board of Education shall, with such funds as are appropriated for this purpose, distribute grants, based on an allocation formula providing the state share of the grant per child, as specified in the appropriation act, for thirty percent of the unserved at-risk four-year-olds in the Commonwealth pursuant to the funding provided in the appropriation act. During the 1996-97 fiscal year, grants shall be distributed, with such funds as are appropriated for this purpose, based on an allocation formula providing the state share of the grant per child, as specified in the appropriation act, for sixty percent of the unserved at-risk four-year-olds in the Commonwealth, such sixty percent to be calculated by adding services for thirty percent more of the unserved at-risk children to the thirty percent of unserved at-risk children in each locality provided funding in the appropriation act.
Local school boards may elect to serve more than sixty percent of the at-risk four-year-olds and may use federal funds or local funds for this expansion or may seek funding through this grant program for such purposes. Grants may be awarded, if funds are available in excess of the funding for the sixty percent allocation, to expand services to at-risk four-year-olds beyond the sixty percent goal.
In order for a locality to qualify for these grants, the local governing body shall commit to providing the required matching funds, based on the composite index of local ability to pay. Localities may use, for the purposes of meeting the local match, local expenditures for existing qualifying programs and shall also continue to pursue and coordinate other funding sources, including child care subsidies. Funds received through this program shall be used to supplement, not supplant, any funds currently provided for preschool programs within the locality.
The General Assembly finds that local autonomy in making decisions on local educational needs and priorities results in effective grass-roots efforts to improve education in the Commonwealth's public schools only when coupled with sufficient state funding; to this end, the following block grant program is hereby established. With such funds as are provided in the appropriation act, the Department of Education shall distribute block grants to localities to enable compliance with the Commonwealth's requirements for school divisions in effect on January 1, 1995. Therefore, for the purpose of such compliance, the block grant herein established shall consist of a sum equal to the amount appropriated in the appropriation act for the covered programs, including the at-risk add-on program; dropout prevention, specifically Project YES; Project Discovery; English as a second language programs, including programs for overage, nonschooled students; Advancement Via Individual Determination (AVID); the Homework Assistance Program; programs initiated under the Virginia Guaranteed Assistance Program, except that such funds shall not be used to pay any college expenses of participating students; Reading Recovery; and school/community health centers. Each school board may use any funds received through the block grant to implement the covered programs and other programs designed to save the Commonwealth's children from educational failure.
§ 42.1-80. State Public Records Advisory Council continued; members; chairman and vice-chairman; compensation.
The State Public Records Advisory Council is continued. The Council shall
consist of twelve members. The Council membership shall include the Secretary
of the Commonwealth, the State Librarian, the Attorney General, the State
Health Commissioner, the Commonwealth Transportation Commissioner, the
Director of the Department of Information Technology Chief
Information Officer of the Commonwealth, the Auditor of Public Accounts,
the Executive Secretary of the Supreme Court, the Director of the Council
on Information Management Department of Technology Services,
or their designated representatives and three members to be appointed by the
Governor from the Commonwealth at large. The gubernatorial appointments shall
include two clerks of courts of record and a member of a local governing body.
Those members appointed by the Governor shall remain members of the Council for
a term coincident with that of the Governor making the appointment, or until
their successors are appointed and qualified. The Council shall elect annually
from its membership a chairman and vice-chairman. Members of the Council shall
receive no compensation for their services but shall be paid their reasonable
and necessary expenses incurred in the performance of their duties.
§ 59.1-469. State agencies' use of digital signatures.
Every agency, department, board, commission, authority, political subdivision
or other instrumentality of the Commonwealth may receive digital signatures in
lieu of manual signatures, provided such digital signatures meet the
standards established by the Council on Information Management. The use
or acceptance of a digital signature shall be at the option of the parties.
Nothing in this chapter shall require a public entity to use or permit the use
of a digital signature.
§ 63.1-314.8. Technical Assistance Committee created; duties; membership.
There is hereby created a Technical Assistance Committee, which shall provide technical and support services on the operations of the information and referral system as the Council may deem appropriate and shall advise the Council in performing its powers and duties.
The membership of the Technical Assistance Committee shall include but not be limited to:
Two directors of local departments of public welfare or social services, one serving a rural and one an urban locality, to be appointed by the Commissioner of Social Services; and
The Commissioners or Directors, or their designees, of the Department of
Medical Assistance Services; Department of Health; Department of Mental Health,
Mental Retardation and Substance Abuse Services; Department of Rehabilitative
Services; Department for the Aging; Department for the Visually Handicapped;
Department for Rights of Virginians With Disabilities; Department of
Information Technology Services; Department for the Deaf
and Hard-of-Hearing; Department of Health Professions; Department of
Corrections; Department of Education; Department of Juvenile Justice; and the
Virginia Employment Commission.
2. That the membership of the Virginia Geographic Information Network Advisory Board, appointed pursuant to § 2.1-563.41, as it exists on the effective date of this act, shall be transferred to the Virginia Geographic Information Network Advisory Board created and continued pursuant to § 2.1-563.67. Members' terms shall expire in accordance with their appointments pursuant to § 2.1-563.41 to the Virginia Geographic Information Network Advisory Board. Members shall be eligible for reappointment pursuant to § 2.1-563.67.
3. That the membership of the Virginia Public Broadcasting Board, appointed pursuant to § 2.1-563.27:3, as it exists on the effective date of this act, shall be transferred to the Virginia Public Broadcasting Board created and continued pursuant to § 2.1-563.70. Members' terms shall expire in accordance with their appointments pursuant to § 2.1-563.27:3 to the Virginia Public Broadcasting Board. Members shall be eligible for reappointment pursuant to § 2.1-563.71.
4. That, on the effective date of this act, the employees of the Department of Information Technology shall be transferred to the Department of Technology Services created pursuant to § 2.1-563.60 of this act.
5. That, on the effective date of this act, employees of the Council on Information Management shall be transferred to the Office of the Chief Information Officer created pursuant to § 2.1-563.50 of this act.
6. That, on or before September 1, 1998, the CIO shall prepare a proposed reorganization plan for the Office of the CIO and the Department of Technology Services which considers the recommendations set forth by the Joint Legislative Audit and Review Commission in its report, "Overview: Review of Information Technology in Virginia State Government," published as House Document No. 42 (1998), and submit such plan to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance.
7. That, on or before October 1, 1999, the CIO shall prepare a plan for state agencies to discontinue the use of the Unisys mainframe on or before July 1, 2002 (except for the ADAPT system at the Department of Social Services), and submit such plan to the Governor and the chairmen of the House Committee on Appropriations, the Senate Committee on Finance, and the Joint Legislative Audit and Review Commission.
8. That each state agency in the executive branch of state government shall (i) conduct an assessment of its information technology structure and organization, with assistance from the Department of Technology Services, upon request, and (ii) report the results of its assessment to the CIO by January 1, 2001.
9. That, on or before July 1, 2001, the CIO shall report the results of the assessments conducted pursuant to the eighth enactment of this act to the Joint Commission on Technology and Science created pursuant to § 30-85.
10. That wherever the terms the "Director of the Department of Information Technology" and the "Director of the Council on Information Management" appear in the Code of Virginia, they shall mean the Chief Information Officer of the Commonwealth created pursuant to § 2.1-563.50.
11. That wherever the terms the "Department of Information Technology" and the "Council on Information Management" appear in the Code of Virginia, they shall mean the Office of the CIO created pursuant to § 2.1-563.50.
12. That Chapter 35.2 (§§ 2.1-563.13 through 2.1-563.41) of Title 2.1 and Chapter 22.13 (§§ 9-145.52 through 9-145.56) of Title 9 of the Code of Virginia are repealed.
13. That the second enactment of Chapter 917 of the 1997 Acts of Assembly is repealed.