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Developed and maintained by the Division of Legislative Automated Systems.
2018 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-271.2 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-271.2. Commission on VASAP; purpose; membership; terms; meetings; staffing; compensation and expenses; chairman's executive summary.
A. There is hereby established in the legislative branch of
state government the Commission on the Virginia Alcohol Safety Action Program (VASAP).
The Commission shall administer and supervise the state system of local alcohol
and safety action programs, develop and maintain operation and performance
standards for local alcohol and safety action programs, and allocate funding to
such programs. The Commission shall have a total membership of 15 members that
shall consist of six legislative members and nine nonlegislative citizen
members. Members shall be appointed as follows: four current or former members
of the House Committee for Courts of Justice, to be appointed by the Speaker of
the House of Delegates; two members of the Senate Committee for Courts of
Justice, to be appointed by the Senate Committee on Rules; three sitting or
retired judges, one each from the circuit, general district and juvenile and
domestic relations district courts, who regularly hear or heard cases involving
driving under the influence and are familiar with their local alcohol safety
action programs, to be appointed by the Chairman of the Committee on District
Courts; two directors of local alcohol safety action programs, to be
appointed by the legislative members of the Commission; one director of
a local alcohol safety action program to be appointed by the Speaker of the
House of Delegates upon consideration of the recommendations of the
legislative members of the Commission; one director of a local alcohol
safety action program to be appointed by the Senate Committee on Rules upon
consideration of the recommendations of the legislative members of the
Commission; one representative from the law-enforcement profession, to be
appointed by the Speaker of the House and one nonlegislative citizen at large,
to be appointed by the Senate Committee on Rules; one representative from the
Virginia Department of Motor Vehicles whose duties are substantially related to
matters to be addressed by the Commission to be appointed by the Commissioner
of the Department of Motor Vehicles, and one representative from the Department
of Behavioral Health and Developmental Services whose duties also substantially
involve such matters, to be appointed by the Commissioner of Behavioral Health
and Developmental Services. Legislative members shall serve terms coincident
with their terms of office. In accordance with the staggered terms previously
established, nonlegislative citizen members shall serve two-year terms. All
members may be reappointed. Appointments to fill vacancies, other than by
expiration of a term, shall be made for the unexpired terms. Any appointment to
fill a vacancy shall be made in the same manner as the original appointment.
B. The Commission shall meet at least four times each year at such places as it may from time to time designate. A majority of the members shall constitute a quorum. The Commission shall elect a chairman and vice-chairman from among its membership.
The Commission shall be empowered to establish and ensure the maintenance of minimum standards and criteria for program operations and performance, accounting, auditing, public information and administrative procedures for the various local alcohol safety action programs and shall be responsible for overseeing the administration of the statewide VASAP system. Such programs shall be certified by the Commission in accordance with procedures set forth in the Commission on VASAP Certification Manual. The Commission shall also oversee program plans, operations and performance and a system for allocating funds to cover deficits that may occur in the budgets of local programs.
C. The Commission shall appoint and employ and, at its pleasure, remove an executive director and such other persons as it may deem necessary, and determine their duties and fix their salaries or compensation.
D. The Commission shall appoint a Virginia Alcohol Safety Action Program Advisory Board to make recommendations to the Commission regarding its duties and administrative functions. The membership of such Board shall be appointed in the discretion of the Commission and include personnel from (i) local safety action programs, (ii) the State Board of Behavioral Health and Developmental Services, community services boards, or behavioral health authorities and (iii) other community mental health services organizations. An assistant attorney general who provides counsel in matters relating to driving under the influence shall also be appointed to the Board.
E. Legislative members of the Commission shall receive compensation as provided in § 30-19.12. Funding for the costs of compensation of legislative members shall be provided by the Commission. All members shall be reimbursed for all reasonable and necessary expenses as provided in §§ 2.2-2813 and 2.2-2825 to be paid out of that portion of moneys paid in VASAP defendant entry fees which is forwarded to the Virginia Alcohol Safety Action Program.
F. The chairman of the Commission shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Commission no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
2. That this act shall not be construed to affect existing appointments of directors of local alcohol safety action programs to the Commission on the Virginia Alcohol Safety Action Program (Commission) for which the terms have not expired. However, any new appointments made after the effective date of this act shall be made in accordance with the provisions of this act, provided that the first vacancy of a Commission seat that was held by a director of a local alcohol safety action program immediately prior to the vacancy shall be filled by appointment made by the Speaker of the House of Delegates.