Subtitle I. Organization of State Government.

Part A. Office of the Governor.

Chapter 1. Governor.

Article 1. General Provisions.

§ 2.2-100. Salaries of Governor and other officers; administrative assistants.

  1. The Governor and all officers of the Commonwealth shall receive annually for their services such salaries as are fixed by law.
  2. The Governor may employ the necessary administrative assistants, including a chief of staff, and fix their salaries within the limitation of funds appropriated for executive control of the Commonwealth. Any chief of staff appointed by the Governor shall be confirmed by a majority of the members in each house of the General Assembly.
  3. The Governor may employ the staff required to perform necessary services in the operation of the Executive Mansion.

History. Code 1950, §§ 2-34, 14-9 to 14-16, 14-18 to 14-26; 1962, c. 356; 1964, c. 386, § 14.1-12; 1966, cc. 55, 677, § 2.1-38; 1968, cc. 223, 562; 1970, cc. 262, 759; 1977, c. 672; 1984, cc. 104, 750, 779; 1998, c. 872; 2001, c. 844.

Cross references.

For constitutional provision as to compensation of Governor, see Va. Const., Art. V, § 4.

For requirement that state agencies, boards, commissions, etc., submit environmental impact reports on major state projects, see § 10.1-1188 .

Transition provisions.

In accordance with § 9-77.10 (now § 30-149), the Virginia Code Commission, in 1998, undertook a three-year recodification of Titles 2.1 and 9. Title 2.1 had last been recodified in 1966 and Title 9 had never been recodified. The Commission’s draft of this revision, which was published as House Document 51 of the 2001 Session, was sent to the Governor and General Assembly in January, 2001. The revision, as amended by the General Assembly, became Acts 2001, c. 844, effective October 1, 2001.

Title 2.1 was rewritten primarily as new Title 2.2, with certain material now incorporated into Titles 6.1 , 9.1, 17.1, 30, 37.1 and 51.1, and Title 9 was rewritten primarily as new Title 9.1, with certain material now incorporated into Titles 3.1 , 2.2, and 30. In addition, the Virginia Public Procurement Act, §§ 11-35 to 11-80, was rewritten as § 2.2-4300 et seq., and §§ 53.1-180 to 53.1-185.3, the Comprehensive Community Corrections Act for Local-Responsible Offenders, was rewritten as § 9.1-173 to 9.1-183 .

In addition to revision by Acts 2001, c. 844, Titles 2.1 and 9, § 11-35 et seq. and § 53.1-183 [see now § 9.1-178 ] were also amended by other acts passed at the 2001 Session. As required by § 9-77.11 (see new § 30-152), the Code Commission has incorporated the majority of these amendments into the new sections.

Where appropriate, the historical citations to former sections have been added to corresponding new sections.

The case notes appearing under new sections were decided under corresponding former sections or under prior law.

For tables of corresponding former and new sections, see the tables in Volume 10.

Acts 2001, c. 844, cl. 2, provides: “That whenever any of the conditions, requirements, provisions or contents of any section or chapter of Title 2.1 or Title 9 or any other title of the Code of Virginia as such titles existed prior to October 1, 2001, are transferred in the same or modified form to a new section or chapter of Title 2.2 or Title 9.1 or any other title of the Code and whenever any such former section or chapter is given a new number in Title 2.2 or Title 9.1 or any other title, all references to any such former section or chapter of Title 2.1 or Title 9 or other title appearing in this Code shall be construed to apply to the new or renumbered section or chapter containing such conditions, requirements, provisions, contents or portions thereof.”

Acts 2001, c. 844, cl. 3, provides: “That the regulations of any department or agency affected by the revision of Title 2.1, Title 9 or such other titles in effect on the effective date of this act shall continue in effect to the extent that they are not in conflict with this act and shall be deemed to be regulations adopted under this act.”

Acts 2001, c. 844, cl. 4, provides: “That this title revision of Title 2.1 as Title 2.2 and Title 9 as Title 9.1 and the repeal of Chapter 7 (§ 11-35 et seq.) of Title 11 shall not be construed to require the reappointment of any officer or any member of a board, council, committee or other appointed body referred to in Title 2.2 or Title 9.1 and each such officer and member shall continue to serve for the term for which appointed pursuant to the provisions of Title 2.1, Title 9, or Chapter 7 (§ 11-35 et seq.) of Title 11. The revision of Title 2.1 as Title 2.2 and Title 9 as Title 9.1 in this act shall not affect the classification or assignment of any state agency, institution, board, commission, council or other collegial body within the executive branch currently in effect pursuant to Title 2.1 or Title 9; such classifications and assignments within the executive branch which existed prior to the effective date of this act shall continue unless reclassified or reassigned by a later enactment of the General Assembly and signed by the Governor.”

Acts 2001, c. 844, cl. 5, provides: “That this title revision of Title 2.1 as Title 2.2 or Title 9 as Title 9.1 shall not be construed to affect the term of office of any elected officeholder holding office on October 1, 2001.”

Acts 2001, c. 844, cl. 6, provides: “That the provisions of § 30-152, formerly § 9-77.11, of the Code of Virginia shall apply to the codification of Title 2.2 and Title 9.1 so as to give effect to other laws enacted by the 2001 Session of the General Assembly notwithstanding the delay in the effective date of this act.”

Acts 2001, c. 844, cl. 7, provides: “That the repeal of Title 2.1, Title 9, and Chapter 7 (§ 11-35 et seq.) of Title 11 effective as of October 1, 2001, shall not affect any act or offense done or committed, or any penalty incurred, or any right established, accrued or accruing on or before such date, or any proceeding, prosecution, suit or action pending on that day. Except as otherwise provided in this act, neither the repeal of Title 2.1, Title 9 or Chapter 7 (§ 11-35 et seq.) of Title 11 nor the enactment of Title 2.2 or the enactment of Title 9.1, shall apply to offenses committed prior to October 1, 2001, and prosecution for such offenses shall be governed by the prior law, which is continued in effect for that purpose. For the purpose of this enactment, an offense was committed prior to October 1, 2001, if any of essential elements of the offense occurred prior thereto.”

Acts 2001, c. 844, cl. 8, provides: “That any notice given, recognizance taken, or process or writ issued before October 1, 2001, shall be valid although given, taken or to be returned to a day after such date, in like manner as if Title 2.2 and Title 9.1 had been effective before the same was given, taken or issued.”

Acts 2001, c. 844, cl. 9, provides: “That if any clause, sentence, paragraph, subdivision, section or part of Title 2.2 and Title 9.1 shall be adjudged in any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which the judgment shall have been rendered, and to this end the provisions of Title 2.2 and Title 9.1 are declared severable.”

Acts 2001, c. 844, cl. 10, provides: “That any reference in the Code of Virginia or the Acts of Assembly to the Privacy Protection Act of 1976 shall be construed to mean the Government Data Collection and Dissemination Practices Act.”

Acts 2001, c. 844, cl. 14, provides: “That the provisions of this act shall become effective on October 1, 2001.”

Effective date.

This title is effective October 1, 2001.

Law Review.

For survey of Virginia administrative law and utility regulation for the year 1978-1979, see 66 Va. L. Rev. 193 (1980).

For an article, “Agency Adjudication, the Importance of Facts, and the Limitation of Labels,” see 57 Wash. & Lee L. Rev. 351 (2000).

Michie’s Jurisprudence.

For related discussion, see 2A M.J. Attorney General, § 3.

CASE NOTES

Editor’s note.

The cases below were decided under former Title 2.1 or prior provisions.

The Virginia Department of Health is not a “corporate citizen” of the State, maintaining a separate identity from the State. Medicenters of Am., Inc. v. Virginia, 373 F. Supp. 305, 1974 U.S. Dist. LEXIS 9329 (E.D. Va. 1974).

Rather, it is merely an “arm of the State,” i.e., the State’s alter ego. Medicenters of Am., Inc. v. Virginia, 373 F. Supp. 305, 1974 U.S. Dist. LEXIS 9329 (E.D. Va. 1974).

And does not have certain powers apart from State. —

The Virginia Department of Health has not the power to raise capital, engage in other financial and contractual relationships, or sue and be sued, in its own right, as an entity separate and distinct from the State. Medicenters of Am., Inc. v. Virginia, 373 F. Supp. 305, 1974 U.S. Dist. LEXIS 9329 (E.D. Va. 1974).

Legislature cannot withhold from Attorney General the salary prescribed by law, nor can it delegate such power to the Auditor of Public Accounts (now Comptroller), and he may recover his salary by mandamus. Blair v. Marye, 80 Va. 485 , 1885 Va. LEXIS 87 (1885).

Attorney General’s salary not subject to attachment, detention for debt, etc. —

The salary of the Attorney General is of constitutional grant, and of public official right, and the doctrine of offset cannot be applied to it. It is not liable to attachment, garnishment, nor assignment in bankruptcy, and upon principles of public policy it has absolute immunity from detention for debt or counterclaims. Blair v. Marye, 80 Va. 485 , 1885 Va. LEXIS 87 (1885).

But the State may recover fees paid him by mistake. —

The Commonwealth may recover from the Attorney General fees paid him by the Auditor of Public Accounts (now Comptroller) under the mistaken belief that he was entitled thereto as part of his compensation. Commonwealth v. Field, 84 Va. 26 , 3 S.E. 882 , 1887 Va. LEXIS 4 (1887).

§ 2.2-101. Clerical forces and office expenses of Governor.

The Governor may appoint the clerical force necessary to the efficient operation of his office, but the aggregate amount paid such clerks shall not exceed the sum provided by law. The Governor may expend for the contingent expenses of his office such sums as are provided by law.

History. Code 1950, §§ 14-11, 14-25; 1964, c. 386, § 14.1-13; 1970, c. 260; 1998, c. 872, § 2.1-38.3; 2001, c. 844.

§ 2.2-102. Personal staff as commander in chief.

The personal staff of the Governor and commander in chief shall consist of the Adjutant General of the Commonwealth and any additional aides detailed by the Governor from the commissioned personnel of the National Guard of Virginia, the officers reserve corps or the naval reserve corps, or officers of the army or navy of the United States, retired or former officers of the army or navy of the United States, which detail shall operate for the time being as a commission to each officer so detailed as aide-de-camp. Commissions as military aides to the Governor shall be issued by the Secretary of the Commonwealth with the rank the Governor deems appropriate and shall continue in effect at the pleasure of the Governor during his term in office. The commissions shall be honorary in nature and shall not constitute a commission in the militia of the Commonwealth or entitle the recipient to any pay or benefits. The insignia to be worn by aides when performing their duties shall be prescribed by the Governor. No officer so detailed shall be compelled to serve. Officers so detailed shall not be relieved from their ordinary duties, except when actually on duty with the Governor. No officer shall be detailed under this section unless he is a qualified voter of the Commonwealth. In addition, the Governor may appoint and commission with the rank of colonel as a personal aide, the Clerk of the House of Delegates.

History. Code 1950, § 2-36; 1958, c. 119; 1966, c. 677, § 2.1-40; 1984, c. 17; 2001, c. 844.

§ 2.2-103. Authority to formulate executive branch policies; chief officer for personnel administration and planning and budget.

  1. Except as otherwise provided by the Constitution or law, the Governor shall have the authority and responsibility for the formulation and administration of the policies of the executive branch, including resolution of policy and administrative conflicts between and among agencies.
  2. The Governor shall be the Chief Personnel Officer of the Commonwealth. He shall direct the execution of Chapter 29 (§ 2.2-2900 et seq.). The Governor may employ personnel assistants and employees necessary to carry out Chapter 29 (§ 2.2-2900 et seq.). The Governor shall have the following powers and duties relating to state personnel administration:
    1. Establish and maintain a classification plan for the service of the Commonwealth, and from time to time, make such amendments as may be necessary. The classification plan shall provide for the grouping of all positions in classes based upon the respective duties, authority, and responsibilities. Each position in the service of the Commonwealth shall be allocated to the appropriate class title.
    2. Establish and administer a compensation plan for all employees, and from time to time make such amendments as may be necessary. The compensation plan shall be uniform; and for each class of positions there shall be set forth a minimum and a maximum rate of compensation and any necessary or equitable intermediate rates.
    3. Adopt necessary rules, not in conflict with Chapter 29 (§ 2.2-2900 et seq.), to provide for the administration of the duties imposed by Chapter 29 (§ 2.2-2900 et seq.), and to govern minimum hours of work, attendance regulations, leaves of absences for employees and the order and manner in which layoffs shall be made.
  3. The Governor shall be the chief planning and budget officer of the Commonwealth.

History. Code 1950, §§ 2-46, 2-81; 1966, cc. 55, 677, §§ 2.1-52, 2.1-113; 1975, c. 390; 1976, cc. 725, 760, 761 §§ 2.1-41.1, 2.1-114.2, 2.1-387; 1978, c. 846; 1984, c. 720; 2001, c. 844.

CASE NOTES

Service on Commonwealth. —

Court granted the Commonwealth’s motion to quash because plaintiff alleged service of process by mailing a copy of the Summons and Complaint to the Virginia Attorney General’s office by certified mail was deficient under Virginia law, and there was no indication (and the Commonwealth specifically rejected the possibility) that the Commonwealth waived its service of process. Fauber v. Va. Army Nat'l Guard, No. 5:08-cv-00068, 2009 U.S. Dist. LEXIS 31040 (W.D. Va. Apr. 9, 2009).

OPINIONS OF THE ATTORNEY GENERAL

Executive order adding sexual orientation as a protected employment class within state government is beyond the scope of executive authority and, therefore, is unconstitutional. See opinion of Attorney General to The Honorable Robert G. Marshall Member, House of Delegates, 05-094 (2/24/06).

“Employer.” —

Governor of Virginia is the “employer” of statewide elected officers for the purposes of § 51.1-124.13 . Consistent with § 2.2-104 , however, the Governor may delegate the responsibility for implementing the employer’s role in § 51.1-124.13 to any state officer in the executive branch. See opinion of Attorney General to The Honorable Terence R. McAuliffe, Governor, Commonwealth of Virginia, No. 15-008, (7/31/15).

§ 2.2-104. Delegation of powers.

The Governor may designate and empower any secretary or other officer in the executive branch of state government who is required to be confirmed by the General Assembly or either house thereof, to perform without approval, ratification, or other action by the Governor any function that is vested in the Governor by law, or which such officer is required or authorized by law to perform only with or subject to the approval, ratification of the Governor; however nothing contained in this section shall relieve the Governor of his responsibility in office for the acts of any secretary or officer designated by him to perform such functions. Any designation or authorization under this section shall be (i) in the form of a written executive order, (ii) subject to the terms, conditions, and limitations the Governor deems advisable, and (iii) revocable in whole or in part at any time by the Governor.

History. 1976, c. 731, § 2.1-39.1; 2001, c. 844.

OPINIONS OF THE ATTORNEY GENERAL

“Employer.” —

Governor of Virginia is the “employer” of statewide elected officers for the purposes of § 51.1-124.13 . Consistent with § 2.2-104 , however, the Governor may delegate the responsibility for implementing the employer’s role in § 51.1-124.13 to any state officer in the executive branch. See opinion of Attorney General to The Honorable Terence R. McAuliffe, Governor, Commonwealth of Virginia, No. 15-008, (7/31/15).

§ 2.2-105. Appointments to office; effect of refusal to confirm by the General Assembly.

No person appointed to any office by the Governor, whose appointment is subject to confirmation by the General Assembly, shall enter upon, or continue in, office after the General Assembly has refused to confirm his appointment. Nor shall such person be eligible for reappointment during the recess of the General Assembly to fill the vacancy caused by the refusal to confirm.

History. Code 1950, § 2-35; 1966, c. 677, § 2.1-39; 2001, c. 844.

§ 2.2-106. Appointment of agency heads; disclosure of resumes; severance.

  1. Notwithstanding any provision of law to the contrary, the Governor shall appoint the administrative head of each agency of the executive branch of state government except the:
    1. Executive Director of the Virginia Port Authority;
    2. Director of the State Council of Higher Education for Virginia;
    3. Executive Director of the Department of Wildlife Resources;
    4. Executive Director of the Jamestown-Yorktown Foundation;
    5. Executive Director of the Motor Vehicle Dealer Board;
    6. Librarian of Virginia;
    7. Administrator of the Commonwealth’s Attorneys’ Services Council;
    8. Executive Director of the Virginia Housing Development Authority; and
    9. Executive Director of the Board of Accountancy.However, the manner of selection of those heads of agencies chosen as set forth in the Constitution of Virginia shall continue without change. Each administrative head and Secretary appointed by the Governor pursuant to this section shall (i) be subject to confirmation by the General Assembly, (ii) have the professional qualifications prescribed by law, and (iii) serve at the pleasure of the Governor.
  2. As part of the confirmation process for each administrative head and Secretary, the Secretary of the Commonwealth shall provide copies of the resumes and statements of economic interests filed pursuant to § 2.2-3117 to the chairs of the House of Delegates and Senate Committees on Privileges and Elections. For appointments made before January 1, copies shall be provided to the chairs within 30 days of the appointment or by January 7 whichever time is earlier; and for appointments made after January 1 through the regular session of that year, copies shall be provided to the chairs within seven days of the appointment. Each appointee shall be available for interviews by the Committees on Privileges and Elections or other applicable standing committee. For the purposes of this section and § 2.2-107 , there shall be a joint subcommittee of the House of Delegates and Senate Committees on Privileges and Elections consisting of five members of the House Committee and three members of the Senate Committee appointed by the respective chairs of the committees to review the resumes and statements of economic interests of gubernatorial appointees. The members of the House of Delegates shall be appointed in accordance with the principles of proportional representation contained in the Rules of the House of Delegates. No appointment confirmed by the General Assembly shall be subject to challenge by reason of a failure to comply with the provisions of this subsection pertaining to the confirmation process.
  3. For the purpose of this section, “agency” includes all administrative units established by law or by executive order that are not (i) arms of the legislative or judicial branches of government; (ii) institutions of higher education as classified under §§ 22.1-346, 23.1-1100 , 23.1-3210 , and 23.1-3216 ; (iii) regional planning districts, regional transportation authorities or districts, or regional sanitation districts; and (iv) assigned by law to other departments or agencies, not including assignments to secretaries under Article 7 (§ 2.2-215 et seq.) of Chapter 2 of this title.
  4. The resumes and applications for appointment submitted by persons who are appointed by the Governor pursuant to this section shall be available to the public upon request.
  5. Severance benefits provided to any departing agency head, whether or not appointed by the Governor, shall be publicly announced by the appointing authority prior to such departure.

History. 1977, c. 542, § 2.1-41.2; 1979, c. 294; 1981, c. 589; 1983, c. 298; 1984, c. 104; 1986, c. 565; 1994, c. 661; 1995, cc. 767, 816; 1996, c. 812; 1998, c. 427; 2000, cc. 382, 400; 2001, cc. 832, 844; 2003, cc. 981, 1021; 2005, cc. 803, 938; 2006, c. 254; 2010, cc. 136, 145; 2016, c. 729; 2020, c. 958.

Editor’s note.

Acts 2001, c. 832 amended § 2.1-41.2, from which this section is derived. Pursuant to § 30-152, Acts 2001, c. 832 has been given effect in this section as set out above. The 2001 amendment by c. 832, inserted subdivision 9.

For provisions of Acts 2003, cc. 981 and 1021, cls. 4 to 16, reflecting the intent of the General Assembly to provide for the consolidation of the procurement and operational functions of information technology for state agencies in a single agency, and related transitional and other provisions, see the Editor’s note at § 2.2-2005 .

At the direction of the Virginia Code Commission, “§§ 22.1-346, 23.1-1100 , 23.1-3210 , and 23.1-3216 ” was substituted for “§§ 23-253.7, 22.1-346, 23-14, and 23-252” in subsection C to conform to the recodification of Title 23 by Acts 2016, c. 588, effective October 1, 2016.

Acts 2016, c. 729, cl. 2 provides: “That the provisions of this act shall apply to persons appointed by the Governor on or after July 1, 2016.”

The 2003 amendments.

The 2003 amendments by cc. 981 and 1021 are identical, and deleted “and the” at the end of subdivision 8; inserted “and the” at the end of subdivision 9; and added subdivision 10.

The 2005 amendments.

The 2005 amendments by cc. 803 and 938 are nearly identical, and deleted “the” at the end of subdivision 9; and inserted the next to the last paragraph. Chapter 938 added the next-to-last sentence in the next-to-last paragraph. The paragraph has been set out in the form above at the direction of the Virginia Code Commission.

The 2006 amendments.

The 2006 amendment by c. 254 inserted A through C designations and added subsection D.

The 2010 amendments.

The 2010 amendments by cc. 136 and 145, effective March 11, 2010, are identical, and in subsection A, deleted A 10, which read: “Chief Information Officer of the Commonwealth” and made related changes; substituted “subsection” for “paragraph” in the last sentence of subsection B; and substituted “and 23-252” for “23-252, and” in clause (ii) of subsection C.

The 2016 amendments.

The 2016 amendment by c. 729, added subsection D, and redesignated former subsection D as subsection E. For applicability clause, see Editor’s note.

The 2020 amendments.

The 2020 amendment by c. 958 substituted “Department of Wildlife Resources” for “Department of Game and Inland Fisheries” in subdivision A 3.

§ 2.2-107. Appointment of members of commissions, boards, and other collegial bodies; disclosure of resumes.

  1. Except as provided in the Constitution of Virginia, or where the manner of selection of members of boards and commissions is by election by the General Assembly, or as provided in Title 3.2 or § 54.1-901 , but notwithstanding any other provision of law to the contrary, the Governor shall appoint all members of boards, commissions, councils or other collegial bodies created by the General Assembly in the executive branch of state government to terms of office as prescribed by law. Each member appointed pursuant to this section shall be subject to confirmation by the General Assembly and shall have the professional qualifications prescribed by law.As part of the confirmation process for each gubernatorial appointee, the Secretary of the Commonwealth shall provide copies of the resume and statement of economic interests filed pursuant to § 2.2-3117 or 2.2-3118 , as appropriate, to the chairs of the House of Delegates and Senate Committees on Privileges and Elections. For the purposes of this section and § 2.2-106 , there shall be a joint subcommittee of the House of Delegates and Senate Committees on Privileges and Elections consisting of five members of the House Committee and three members of the Senate Committee appointed by the respective chairs of the committees to review the resumes and statements of economic interests of gubernatorial appointees. The members of the House of Delegates shall be appointed in accordance with the principles of proportional representation contained in the Rules of the House of Delegates. No appointment confirmed by the General Assembly shall be subject to challenge by reason of a failure to comply with the provisions of this paragraph pertaining to the confirmation process.
  2. The resumes and applications for appointment submitted by persons who are appointed by the Governor pursuant to this section shall be available to the public upon request.

History. 1977, c. 447, § 2.1-42.1; 1978, c. 834; 2001, c. 844; 2005, cc. 803, 938; 2016, c. 729.

Cross references.

See Va. Const., Art. V, § 8.

Editor’s note.

At the direction of the Virginia Code Commission, Title 3.2 references were substituted for Title 3.1 references to conform to the title revision by Acts 2008, c. 860, effective October 1, 2008.

Acts 2016, c. 729, cl. 2 provides: “That the provisions of this act shall apply to persons appointed by the Governor on or after July 1, 2016.”

The 2005 amendments.

The 2005 amendments by cc. 803 and 938 are identical, and added the last paragraph.

The 2016 amendments.

The 2016 amendment by c. 729, added subsection B. For applicability provision, see Editor’s note.

§ 2.2-108. Removal of members of certain boards, commissions, etc.

  1. Notwithstanding any provision of law to the contrary, the Governor may remove from office for malfeasance, misfeasance, incompetence, misconduct, neglect of duty, absenteeism, conflict of interests, failure to carry out the policies of the Commonwealth as established in the Constitution or by the General Assembly, or refusal to carry out a lawful directive of the Governor any member of any board, commission, council or other collegial body established by the General Assembly in the executive branch of state government except those boards provided for in subsection C of § 23.1-1300 , subsection A of § 23.1-3100 , and subsection A of § 23.1-3200 and fill the vacancy resulting from the removal subject to confirmation by the General Assembly.
  2. The Governor shall set forth in a written public statement his reasons for removing any member pursuant to this section at the time the removal occurs. The Governor is the sole judge of the sufficiency of the cause for removal as set forth in this section.

History. Code 1950, § 2-39; 1966, c. 677, § 2.1-43; 1977, c. 446; 1988, c. 765; 2001, c. 844; 2016, c. 588.

The 2016 amendments.

The 2016 amendment by c. 588, effective October 1, 2016, deleted former subsection A, which read “Notwithstanding any provision of law to the contrary, the Governor may remove from office for malfeasance, misfeasance, incompetence, or gross neglect of duty any member of the board of any public institution of higher education or other educational institution in Virginia, and fill the vacancy resulting from the removal. Each appointment to fill a vacancy shall be subject to confirmation by the General Assembly” and redesignated remaining subsections accordingly; in subsection A, substituted “subsection C of § 23.1-1300 , subsection A of § 23.1-3100 , and subsection A of § 23.1-3200 ” for “subsection A.”

§ 2.2-109. Requiring appearances by officers, etc., and production of records, etc.; issuance of subpoenas and other writs; employment of accountants.

Whenever the Governor deems it necessary and proper, he may require any state officer, superintendent, board, or employee to appear before him, and he may also require the production of any official books, accounts, vouchers, and other papers relating to their offices and duties. The Governor may issue subpoenas or other writs for the purpose of enforcing the provisions of this section. The Governor may employ accountants to properly inspect such records, vouchers, or other papers.

History. Code 1950, § 2-40; 1956, c. 424; 1966, c. 677, § 2.1-44; 2001, c. 844.

Cross references.

See Va. Const., Art. V, § 8.

§ 2.2-109.01. Signed statements required from appointees.

For purposes of this section:

“Appointed position” means a position appointed by the Governor or other appointing authority in accordance with law.

“Covered appointee” means any person serving in an appointed position who is eligible for severance benefits under the Workforce Transition Act of 1995 (§ 2.2-3200 et seq.), including but not limited to, any (i) officer, (ii) agency head, or (iii) member of a board, commission, council, or other collegial body.

Upon initial appointment or reappointment, the Governor or other appointing authority, or their designee, shall obtain a signed statement from each covered appointee providing that such person has read and understands the severance benefits for which he is eligible under the Workforce Transition Act of 1995. The Governor or other appointing authority, or their designee shall provide all such statements to the Secretary of the Commonwealth. The Secretary shall provide for such statements to be retained in the records of the Commonwealth.

History. 2006, cc. 813, 902.

§ 2.2-110. Officers of Commonwealth and its institutions to make reports to Governor.

The officers of the executive branch of state government and superintendents and boards of state institutions shall make to the Governor reports at the times prescribed by law or at any time the Governor may require on any subject relating to their offices and institutions. The reports shall be in a written or electronic format and contain such information as the Governor may require. The reports shall be filed in the office of the Secretary of the Commonwealth, and under his supervision, summarized and recorded in books kept for the purpose.

History. Code 1950, § 2-38; 1966, c. 677, § 2.1-42; 2001, c. 844; 2012, c. 434.

The 2012 amendments.

The 2012 amendment by c. 434 substituted “institutions shall make to the Governor reports” for “institutions, shall make to the Governor written reports” in the first sentence and substituted “written or electronic format” for “form” in the second sentence.

§ 2.2-111. Suits, actions, etc., by Governor.

  1. In order to protect or preserve the interests or legal rights of the Commonwealth and its citizens, the Governor may, by and with the advice of the Attorney General, institute any action, suit, motion or other proceeding, in the name of the Commonwealth, in the Supreme Court of the United States or any other court or tribunal in which such action, suit, motion or other proceeding may be properly commenced and prosecuted.
  2. In accordance with subsection A and pursuant to his duty to protect or preserve the general welfare of the citizens of the Commonwealth, the Governor may institute any action, suit, motion or other proceeding on behalf of its citizens, in the name of the Commonwealth acting in its capacity as parens patriae, where he has determined that existing legal procedures fail to adequately protect existing legal rights and interests of such citizens.

History. Code 1950, § 2-43; 1966, c. 677, § 2.1-49; 1975, c. 241; 2001, c. 844.

CASE NOTES

Standing to challenge discontinuation of artificially administered hydration and nutrition. —

A challenge to the Governor’s standing to file an action to prevent the discontinuation of the artificial administration of hydration and nutrition to an individual in a persistent vegetative state was totally without merit, as this section and § 54.1-2986 provided that standing. Gilmore v. Finn, 259 Va. 448 , 527 S.E.2d 426, 2000 Va. LEXIS 52 (2000) (decided under former Title 2.1).

CIRCUIT COURT OPINIONS

Parens patriae. —

Corporation’s demurrer to the Commonwealth’s complaint, which was brought by the Governor, the Attorney General, and the Virginia Department of Social Services Division of Child Support Enforcement as parens patriae and alleged that the corporation conducted illegal child support collection practices, was sustained in part and overruled in part because to the extent that the pleadings sought to recover money damages for parents or children allegedly wronged by the corporation’s practices, such recovery was not allowed under parens patriae when the role of parens patriae was not to vindicate the personal rights of citizens; the claims seeking equitable, declaratory, and other relief were appropriate under the doctrine of parens patriae to protect Virginia citizenry because damages the Commonwealth sought on its own behalf would be maintainable since those claims were permissible to redress commercial and other interests of the Commonwealth itself, and the Commonwealth was able to seek recovery of payments from the corporation to which it was itself entitled as, for example, in cases of reimbursement for public assistance, which was allegedly misdirected by the corporation’s actions. Commonwealth v. Supportkids, Inc., 77 Va. Cir. 155, 2008 Va. Cir. LEXIS 229 (Richmond Oct. 1, 2008).

§ 2.2-112. To whom return on warrant of Governor to be made.

Any officer to whom any order or warrant of the Governor is directed shall make return to the Secretary of the Commonwealth, who shall preserve it in his office.

History. Code 1950, § 2-44; 1966, c. 677, § 2.1-50; 2001, c. 844.

§ 2.2-113. Temporary suspension of state mandates.

  1. The Governor may suspend, temporarily and for a period not to exceed one year, any mandate, or portion thereof, prescribed by any unit of the executive branch of state government on a county, city, town, or other unit of local government upon a finding that it faces fiscal stress and the suspension of the mandate or portion thereof would help alleviate the fiscal hardship.However, for a period beginning July 1, 2010, and ending July 1, 2012, the Governor may suspend any such mandate for a period not to exceed two years upon proper application by a locality pursuant to this section.
  2. No application shall be made by the locality until approved by resolution of the governing body.
  3. At the time of application, the following information shall be published in the Virginia Register: (i) the name of the petitioning locality, (ii) the mandate or portion thereof requested to be suspended, (iii) the impact of the suspension of the mandate on the ability of the local government to deliver services, (iv) the estimated reduction in current budget from the suspension, and (v) the time period requested for suspension. Publication in the Virginia Register shall occur at least 20 days in advance of any suspension by the Governor.
  4. No later than January 1 of each year, the Governor shall submit to the General Assembly a report that identifies each petitioning locality, the mandate or portion thereof for which suspension was sought, and the response provided to the locality.
  5. Nothing in this section shall apply to the Department of Education.In making a determination of fiscal stress, the Governor may consider, but is not limited to, the following factors: any changes in anticipated revenue, income distribution of residents, revenue effort, revenue capacity, and changes in local population and employment levels.

History. 1991, c. 638, § 2.1-51.5:1; 1993, c. 230; 1994, c. 158; 2001, c. 844; 2003, c. 169; 2010, c. 79.

The 2003 amendments.

The 2003 amendment by c. 169 inserted subsection A to E designations; and substituted “20” for “twenty” in subsection C.

The 2010 amendments.

The 2010 amendment by c. 79 added the second paragraph of subsection A.

§ 2.2-114. Coordination of official communications with federal and foreign governments.

The Governor may adopt regulations for coordination of official communications on behalf of the Commonwealth by any officer, agency or employee of the Commonwealth with the government of the United States, another state or foreign nation. Subject to the ultimate authority of the General Assembly to prescribe the policies of the Commonwealth and within the framework of policy established by the General Assembly, all communications shall be at the policy direction of the Governor; however, communications by the General Assembly or the Supreme Court of Virginia with the legislature or the judiciary, respectively, of the United States, another state or foreign nation, shall be at the discretion of the General Assembly and the Supreme Court of Virginia. Actions taken under § 2.2-611 shall be subject to the provisions of this section.

History. 1976, c. 704, § 2.1-38.2; 2001, c. 844.

§ 2.2-115. Commonwealth’s Development Opportunity Fund.

  1. As used in this section, unless the context requires otherwise:“New job” means employment of an indefinite duration, created as the direct result of the private investment, for which the firm pays the wages and standard fringe benefits for its employee, requiring a minimum of either (i) 35 hours of the employee’s time a week for the entire normal year of the firm’s operations, which “normal year” must consist of at least 48 weeks or (ii) 1,680 hours per year.Seasonal or temporary positions, positions created when a job function is shifted from an existing location in the Commonwealth to the location of the economic development project, positions with suppliers, and multiplier or spin-off jobs shall not qualify as new jobs. The term “new job” shall include positions with contractors provided that all requirements included within the definition of the term are met.“New teleworking job” means a new job that is held by a Virginia resident, for which the majority of the work is performed remotely, and that pays at least 1.2 times the Virginia minimum wage, as provided by the Virginia Minimum Wage Act (§ 40.1-28.8 et seq.).“Prevailing average wage” means that amount determined by the Virginia Employment Commission to be the average wage paid workers in the city or county of the Commonwealth where the economic development project is located. The prevailing average wage shall be determined without regard to any fringe benefits.“Private investment” means the private investment required under this section.
  2. There is created the Commonwealth’s Development Opportunity Fund (the Fund) to be used by the Governor to attract economic development prospects and secure the expansion of existing industry in the Commonwealth. The Fund shall consist of any funds appropriated to it by the general appropriation act and revenue from any other source, public or private. The Fund shall be established on the books of the Comptroller, and any funds remaining in the Fund at the end of a biennium shall not revert to the general fund but shall remain in the Fund. Interest earned on the Fund shall be credited to the Fund. The Governor shall report to the Chairmen of the House Committees on Appropriations and Finance and the Senate Committee on Finance and Appropriations as funds are awarded in accordance with this section.
  3. Funds shall be awarded from the Fund by the Governor as grants or loans to political subdivisions. The criteria for making such grants or loans shall include (i) job creation, (ii) private capital investment, and (iii) anticipated additional state tax revenue expected to accrue to the state and affected localities as a result of the capital investment and jobs created. Loans shall be approved by the Governor and made in accordance with guidelines established by the Virginia Economic Development Partnership and approved by the Comptroller. Loans shall be interest-free unless otherwise determined by the Governor and shall be repaid to the Fund. The Governor may establish the interest rate to be charged; otherwise, any interest charged shall be at market rates as determined by the State Treasurer and shall be indicative of the duration of the loan. The Virginia Economic Development Partnership shall be responsible for monitoring repayment of such loans and reporting the receivables to the Comptroller as required.Beginning with the five fiscal years from fiscal year 2006-2007 through fiscal year 2010-2011, and for every five fiscal years’ period thereafter, in general, no less than one-third of the moneys appropriated to the Fund in every such five-year period shall be awarded to counties and cities having an annual average unemployment rate that is greater than the final statewide average unemployment rate for the calendar year that immediately precedes the calendar year of the award. However, if such one-third requirement will not be met because economic development prospects in such counties and cities are unable to fulfill the applicable minimum private investment and new jobs requirements set forth in this section, then any funds remaining in the Fund at the end of the five-year period that would have otherwise been awarded to such counties and cities shall be made available for awards in the next five fiscal years’ period.
  4. Funds may be used for public and private utility extension or capacity development on and off site; public and private installation, extension, or capacity development of high-speed or broadband Internet access, whether on or off site; road, rail, or other transportation access costs beyond the funding capability of existing programs; site acquisition; grading, drainage, paving, and any other activity required to prepare a site for construction; construction or build-out of publicly or privately owned buildings; training; or grants or loans to an industrial development authority, housing and redevelopment authority, or other political subdivision for purposes directly relating to any of the foregoing. However, in no case shall funds from the Fund be used, directly or indirectly, to pay or guarantee the payment for any rental, lease, license, or other contractual right to the use of any property.It shall be the policy of the Commonwealth that moneys in the Fund shall not be used for any economic development project in which a business relocates or expands its operations in one or more Virginia localities and simultaneously closes its operations or substantially reduces the number of its employees in another Virginia locality, unless the procedures set forth in § 30-310 are followed. The Secretary of Commerce and Trade shall enforce this policy and for any exception thereto shall, pursuant to § 30-310, submit such projects to the MEI Project Approval Commission established pursuant to § 30-309.
      1. Except as provided in this subdivision, no grant or loan shall be awarded from the Fund unless the project involves a minimum private investment of $5 million and creates at least 50 new jobs for which the average wage, excluding fringe benefits, is no less than the prevailing average wage. For projects, including but not limited to projects involving emerging technologies, for which the average wage of the new jobs created, excluding fringe benefits, is at least twice the prevailing average wage for that locality or region, the Governor shall have the discretion to require no less than one-half the number of new jobs as set forth for that locality in this subdivision. E. 1. a. Except as provided in this subdivision, no grant or loan shall be awarded from the Fund unless the project involves a minimum private investment of $5 million and creates at least 50 new jobs for which the average wage, excluding fringe benefits, is no less than the prevailing average wage. For projects, including but not limited to projects involving emerging technologies, for which the average wage of the new jobs created, excluding fringe benefits, is at least twice the prevailing average wage for that locality or region, the Governor shall have the discretion to require no less than one-half the number of new jobs as set forth for that locality in this subdivision.
      2. Notwithstanding the provisions of subdivision a, a grant or loan may be awarded from the Fund if the project involves a minimum private investment of $100 million and creates at least 25 new jobs for which the average wage, excluding fringe benefits, is no less than the prevailing average wage.
    1. Notwithstanding the provisions of subdivision 1 a, in localities (i) with an annual unemployment rate for the most recent calendar year for which such data is available that is greater than the final statewide average unemployment rate for that calendar year or (ii) with a poverty rate for the most recent calendar year for which such data is available that exceeds the statewide average poverty rate for that year, a grant or loan may be awarded from the Fund pursuant to subdivision 1 a if the project involves a minimum private investment of $2.5 million and creates at least 25 new jobs for which the average wage, excluding fringe benefits, is no less than 85 percent of the prevailing average wage.
    2. Notwithstanding the provisions of subdivisions 1 a and 2, in localities (i) with an annual unemployment rate for the most recent calendar year for which such data is available that is greater than the final statewide average unemployment rate for that calendar year and (ii) with a poverty rate for the most recent calendar year for which such data is available that exceeds the statewide average poverty rate for that year, a grant or loan may be awarded from the Fund pursuant to such subdivisions if the project involves a minimum private investment of $1.5 million and creates at least 15 new jobs for which the average wage, excluding fringe benefits, is no less than 85 percent of the prevailing average wage.
    3. For projects that are eligible under subdivision 2 or 3, the average wage of the new jobs, excluding fringe benefits, shall be no less than 85 percent of the prevailing average wage. In addition, for projects in such localities, the Governor may award a grant or loan for a project paying less than 85 percent of the prevailing average wage but still providing customary employee benefits, only after the Secretary of Commerce and Trade has made a written finding that the economic circumstances in the area are sufficiently distressed (i.e., high unemployment or underemployment and negative economic forecasts) that assistance to the locality to attract the project is nonetheless justified. However, the minimum private investment and number of new jobs required to be created as set forth in this subsection shall still be a condition of eligibility for an award from the Fund. Such written finding shall promptly be provided to the chairs of the Senate Committee on Finance and Appropriations and the House Committee on Appropriations.
    4. A business beneficiary may count new teleworking jobs toward the minimum number of new jobs required under subdivision 1, 2, or 3, if so permitted in the contract required by subdivision F 2.
    5. The minimum private investment required under subdivision 1, 2, or 3 may be reduced or waived if at least 75 percent, measured against the minimum number of new jobs required, of jobs created by the business beneficiary are new teleworking jobs, if so permitted in the contract required by subdivision F 2.
    1. The Virginia Economic Development Partnership shall assist the Governor in developing objective guidelines and criteria that shall be used in awarding grants or making loans from the Fund. The guidelines may require that as a condition of receiving any grant or loan incentive that is based on employment goals, a recipient company must provide copies of employer quarterly payroll reports that have been provided to the Virginia Employment Commission to verify the employment status of any position included in the employment goal. The guidelines may include a requirement for the affected locality or localities to provide matching funds which may be cash or in-kind, at the discretion of the Governor; however, if the minimum private investment is reduced or waived pursuant to subdivision E 6, the Governor may provide full or partial relief from such matching requirement. The guidelines and criteria shall include provisions for geographic diversity and a cap on the amount of funds to be provided to any individual project. At the discretion of the Governor, this cap may be waived for qualifying projects of regional or statewide interest. In developing the guidelines and criteria, the Virginia Economic Development Partnership shall use the measure for Fiscal Stress published by the Commission on Local Government of the Department of Housing and Community Development for the locality in which the project is located or will be located as one method of determining the amount of assistance a locality shall receive from the Fund. F. 1. The Virginia Economic Development Partnership shall assist the Governor in developing objective guidelines and criteria that shall be used in awarding grants or making loans from the Fund. The guidelines may require that as a condition of receiving any grant or loan incentive that is based on employment goals, a recipient company must provide copies of employer quarterly payroll reports that have been provided to the Virginia Employment Commission to verify the employment status of any position included in the employment goal. The guidelines may include a requirement for the affected locality or localities to provide matching funds which may be cash or in-kind, at the discretion of the Governor; however, if the minimum private investment is reduced or waived pursuant to subdivision E 6, the Governor may provide full or partial relief from such matching requirement. The guidelines and criteria shall include provisions for geographic diversity and a cap on the amount of funds to be provided to any individual project. At the discretion of the Governor, this cap may be waived for qualifying projects of regional or statewide interest. In developing the guidelines and criteria, the Virginia Economic Development Partnership shall use the measure for Fiscal Stress published by the Commission on Local Government of the Department of Housing and Community Development for the locality in which the project is located or will be located as one method of determining the amount of assistance a locality shall receive from the Fund.
      1. Notwithstanding any provision in this section or in the guidelines, each political subdivision that receives a grant or loan from the Fund shall enter into a contract with the Commonwealth, through the Virginia Economic Development Partnership Authority as its agent, and each business beneficiary of funds from the Fund. A person or entity shall be a business beneficiary of funds from the Fund if grant or loan moneys awarded from the Fund by the Governor are paid to a political subdivision and (i) subsequently distributed by the political subdivision to the person or entity or (ii) used by the political subdivision for the benefit of the person or entity but never distributed to the person or entity.
      2. The contract between the political subdivision, the Commonwealth, and the business beneficiary shall provide in detail (i) the fair market value of all funds that the Commonwealth has committed to provide, (ii) the fair market value of all matching funds (or in-kind match) that the political subdivision has agreed to provide, (iii) how funds committed by the Commonwealth (including but not limited to funds from the Fund committed by the Governor) and funds that the political subdivision has agreed to provide are to be spent, (iv) the minimum private investment to be made and the number of new jobs to be created agreed to by the business beneficiary, (v) the average wage (excluding fringe benefits) agreed to be paid in the new jobs, (vi) the prevailing average wage, and (vii) the formula, means, or processes agreed to be used for measuring compliance with the minimum private investment and new jobs requirements, including consideration of any layoffs instituted by the business beneficiary over the course of the period covered by the contract.The contract shall state the date by which the agreed upon private investment and new job requirements shall be met by the business beneficiary of funds from the Fund and may provide for the political subdivision and the Commonwealth to grant up to a 15-month extension of such date if deemed appropriate by the political subdivision and the Commonwealth subsequent to the execution of the contract. Any extension of such date granted by the political subdivision shall be in writing and promptly delivered to the business beneficiary, and the political subdivision shall simultaneously provide a copy of the extension to the Virginia Economic Development Partnership.The contract shall provide that if the private investment and new job contractual requirements are not met by the expiration of the date stipulated in the contract, including any extension granted by the political subdivision and the Commonwealth, the business beneficiary shall be liable to the political subdivision and the Commonwealth for repayment of a portion of the funds provided by the political subdivision under the contract and liable to the Commonwealth for repayment of a portion of the funds provided from the Commonwealth’s Development Opportunity Fund. The contract shall include a formula for purposes of determining the portion of such funds to be repaid. The formula shall, in part, be based upon the fair market value of all funds that have been provided by the Commonwealth and the political subdivision and the extent to which the business beneficiary has met the private investment and new job contractual requirements. All such funds repaid to the political subdivision or the Commonwealth that relate to the award from the Commonwealth’s Development Opportunity Fund shall promptly be remitted to the State Treasurer. Upon receipt by the State Treasurer of such payment, the Comptroller shall deposit such repaid funds into the Commonwealth’s Development Opportunity Fund.
      3. The contract shall be amended to reflect changes in the funds committed by the Commonwealth or agreed to be provided by the political subdivision.
      4. Notwithstanding any provision in this section or in the guidelines, whenever layoffs instituted by a business beneficiary over the course of the period covered by a contract cause the net total number of the new jobs created to be fewer than the number agreed to, then the business beneficiary shall return the portion of any funds received pursuant to the repayment formula established by the contract.
    2. Notwithstanding any provision in this section or in the guidelines, prior to executing any such contract with a business beneficiary, the political subdivision shall provide a copy of the proposed contract to the Attorney General. The Attorney General shall review the proposed contract (i) for enforceability as to its provisions and (ii) to ensure that it is in appropriate legal form. The Attorney General shall provide any written suggestions to the political subdivision within seven days of his receipt of the copy of the contract. The Attorney General’s suggestions shall be limited to the enforceability of the contract’s provisions and the legal form of the contract.
    3. Notwithstanding any provision in this section or in the guidelines, a political subdivision shall not expend, distribute, pledge, use as security, or otherwise use any award from the Fund unless and until such contract as described herein is executed with the business beneficiary.
  5. Within the 30 days immediately following each quarter, the Virginia Economic Development Partnership shall provide a report to the Chairmen of the House Committees on Appropriations and Finance and the Senate Committee on Finance and Appropriations which shall include, but is not limited to, the following information regarding grants and loans awarded from the Fund during the immediately preceding six-month period for economic development projects: the name of the company that is the business beneficiary of the grant or loan and the type of business in which it engages; the location (county, city, or town) of the project; the amount of the grant or loan committed from the Fund and the amount of all other funds committed by the Commonwealth from other sources and the purpose for which such grants, loans, or other funds will be used; the amount of all moneys or funds agreed to be provided by political subdivisions and the purposes for which they will be used; the number of new jobs agreed to be created by the business beneficiary; the amount of investment in the project agreed to be made by the business beneficiary; the timetable for the completion of the project and new jobs created; the prevailing average wage; and the average wage (excluding fringe benefits) agreed to be paid in the new jobs.
  6. The Governor shall provide grants and commitments from the Fund in an amount not to exceed the dollar amount contained in the Fund. If the Governor commits funds for years beyond the fiscal years covered under the existing appropriation act, the State Treasurer shall set aside and reserve the funds the Governor has committed, and the funds shall remain in the Fund for those future fiscal years. No grant or loan shall be payable in the years beyond the existing appropriation act unless the funds are currently available in the Fund.
  7. On a quarterly basis, the Virginia Economic Development Partnership shall notify the Governor, his campaign committee, and his political action committee of awards from the Fund made in the prior quarter. Within 18 months of the date of each award from the Fund, the Governor, his campaign committee, and his political action committee shall submit to the Virginia Conflict of Interest and Ethics Advisory Council established in § 30-355 a report listing any contribution, gift, or other item with a value greater than $100 provided by the business beneficiary of such award to the Governor, his campaign committee, or his political action committee, respectively, during (i) the period in which the business beneficiary’s application for such award was pending and (ii) the one-year period immediately after any such award was made.
    1. Notwithstanding any provision of this section, the Governor may give grants or loans to any eligible company, as defined in § 58.1-405.1 , provided that such company shall be required to distribute at least half of such grant or loan to its employees in jobs located in a qualified locality, as defined in § 58.1-405.1 . If the Governor gives a grant or loan pursuant to this subsection, it shall not be required to meet other provisions in this section, including provisions, restrictions, and procedural requirements related to job creation, investment, local matching funds, or contracts with business beneficiaries. J. 1. Notwithstanding any provision of this section, the Governor may give grants or loans to any eligible company, as defined in § 58.1-405.1, provided that such company shall be required to distribute at least half of such grant or loan to its employees in jobs located in a qualified locality, as defined in § 58.1-405.1. If the Governor gives a grant or loan pursuant to this subsection, it shall not be required to meet other provisions in this section, including provisions, restrictions, and procedural requirements related to job creation, investment, local matching funds, or contracts with business beneficiaries.
    2. The grant or loan shall not exceed $2,000 per new job, as defined in § 58.1-405.1; however, the Governor may give a new grant or loan each year to the same eligible company.
    3. An eligible company’s eligibility for or receipt of a grant or loan pursuant to this subsection shall not prevent it from receiving any other grant or loan for which it may be qualified pursuant to this section.

History. 1996, cc. 590, 598, 859, § 2.1-51.6:5; 1999, cc. 787, 816; 2001, c. 844; 2006, cc. 251, 890; 2007, c. 654; 2010, cc. 78, 470, 580, 611, 735, 768; 2011, cc. 539, 574, 587; 2013, c. 547; 2015, cc. 763, 777; 2016, c. 641; 2017, c. 663; 2018, cc. 801, 802, 829; 2020, c. 591; 2021, Sp. Sess. I, c. 386.

Cross references.

As to the Major Headquarters Workforce Grant Fund, see § 59.1-284.31.

Editor’s note.

Acts 2006, c. 890, cl. 5 provides: “That the provisions of this act shall be applicable to economic development projects initially approved by the Governor for an award from the Governor’s Development Opportunity Fund on or after July 1, 2006.”

Acts 2015, cc. 763 and 777, cl. 4 provides: “That the provisions of this act shall become effective on January 1, 2016, except that the provisions of this act amending §§ 30-355, 30-356, and 30-357 shall become effective on July 1, 2015.”

Acts 2015, cc. 763 and 777, cl. 6 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2014, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item 112 A, effective for the biennium ending June 30, 2022, provides: “1. Out of the appropriation for this Item, $19,750,000 the first year and $19,750,000 the second year from the general fund shall be deposited to the Commonwealth’s Development Opportunity Fund, as established in § 2.2-115 , Code of Virginia. Such funds shall be used at the discretion of the Governor, subject to prior consultation with the Chairmen of the House Appropriations and Senate Finance Committees, to attract economic development prospects to locate or expand in Virginia. If the Governor, pursuant to the provisions of § 2.2-115 , E.1., Code of Virginia, determines that a project is of regional or statewide interest and elects to waive the requirement for a local matching contribution, such action shall be included in the report on expenditures from the Commonwealth’s Development Opportunity Fund required by § 2.2-115, F., Code of Virginia. Such report shall include an explanation on the jobs anticipated to be created, the capital investment made for the project, and why the waiver was provided.

“2. The Governor may allocate these funds as grants or loans to political subdivisions. Loans shall be approved by the Governor and made in accordance with procedures established by the Virginia Economic Development Partnership and approved by the State Comptroller. Loans shall be interest-free unless otherwise determined by the Governor and shall be repaid to the general fund of the state treasury. The Governor may establish the interest rate to be charged, otherwise, any interest charged shall be at market rates as determined by the State Treasurer and shall be indicative of the duration of the loan. The Virginia Economic Development Partnership shall be responsible for monitoring repayment of such loans and reporting the receivables to the State Comptroller as required.

“3. Funds may be used for public and private utility extension or capacity development on and off site; road, rail, or other transportation access costs beyond the funding capability of existing programs; site acquisition; grading, drainage, paving, and other activity required to prepare a site for construction; construction or build-out of publicly-owned buildings; grants or loans to an industrial development authority, housing and redevelopment authority, or other political subdivision pursuant to their duties or powers; training; or anything else permitted by law.

“4. Consideration should be given to economic development projects that 1) are in areas of high unemployment; 2) link commercial development along existing transportation ransit corridors within regions; and 3) are located near existing public infrastructure.

“5. It is the intent of the General Assembly that the Virginia Economic Development Partnership shall work with localities awarded grants from the Commonwealth’s Development Opportunity Fund to recover such moneys when the economic development projects fail to meet minimal agreed-upon capital investment and job creation targets. All such recoveries shall be deposited and credited to the Commonwealth’s Development Opportunity Fund.

“6. Up to $5,000,000 of previously awarded funds and funds repaid by political subdivisions or business beneficiaries and deposited to the Commonwealth’s Development Opportunity Fund may be used to assist Prince George County with site improvements related to the location of a major aerospace engine manufacturer to the Commonwealth.”

The 2006 amendments.

The 2006 amendment by c. 251 inserted “public and private installation, extension, or capacity development of high-speed or broadband Internet access, whether on or off site” in subsection C.

The 2006 amendment by c. 890 rewrote the section.

The 2007 amendments.

The 2007 amendment by c. 654 added subdivision D 3.

The 2010 amendments.

The 2010 amendments by cc. 78 and 470 inserted the second sentence of paragraph B. In addition, c. 470, in subdivision D 1, substituted “$10 million” for “$10,000,000”, “$5 million” for “$5,000,000”, “$2.5 million” for “$2,500,000”; and in subdivision D 3, substituted “$7.5 million” for “$7,500,000,” “$3.5 million” for “$3,500,000,” and “$1.5 million” for “$1,500,000.”

The 2010 amendments by cc. 580 and 611 are identical, and inserted the second and fourth sentences in subdivision E 1.

The 2010 amendments by cc. 735 and 768 are identical, and inserted “or privately” in the first sentence in subsection C; and made minor stylistic changes.

The 2011 amendments.

The 2011 amendment by c. 539 designated the first paragraph of the section as subsection A, and redesignated the remaining subsections accordingly; in subsections B and G, substituted “Chairmen” for “chairmen”; in the first paragraph in subdivision F 2 b, added “including consideration of any layoffs instituted by the business beneficiary over the course of the period covered by the contract”; and added subdivision F 2 d and made minor stylistic changes.

The 2011 amendments by cc. 574 and 587 are identical, and rewrote subsection E.

The 2013 amendments.

The 2013 amendment by c. 547 added the second sentence in subdivision F 1.

The 2015 amendments.

The 2015 amendments by cc. 763 and 777 are identical, effective January 1, 2016, substituted “Commonwealth’s Development Opportunity” for “Governor’s Development Opportunity” in subsection B and twice in the third paragraph of subdivision F 2 b; and added subsection I; and made stylistic changes.

The 2016 amendments.

The 2016 amendment by c. 641, rewrote subsection I.

The 2017 amendments.

The 2017 amendment by c. 663, in the last paragraph in subsection D, added “unless the procedures set forth in § 30-310 are followed” in the first sentence, substituted “pursuant to § 30-310, submit such projects to the MEI Project Approval Commission established pursuant to § 30-309” for “promptly provide written notice to the Chairmen of the Senate Finance and House Appropriations Committees which notice shall include a justification for any exception to such policy” in the second sentence.

The 2018 amendments.

The 2018 amendments by cc. 801 and 802 are identical, and added subsection J.

The 2018 amendment by c. 829, effective April 18, 2018, in subdivision F 2 a, inserted “the Commonwealth, through the Virginia Economic Development Partnership Authority as its agent, and”; in subdivision F 2 b, inserted “the Commonwealth” following “political subdivision” throughout and in the second paragraph substituted “by the political subdivision under the contract and liable to the Commonwealth for repayment of a portion of the funds provided from the Commonwealth’s Development Opportunity Fund” for “under the contract” in the first sentence and in the fourth sentence substituted “All such” for “Any such” and deleted “paid over by the political subdivision to the Commonwealth by payment” preceding “remitted to.”

The 2020 amendments.

The 2020 amendment by c. 591 inserted “and Appropriations” following “Senate Committee on Finance” wherever it appears; and in subsection G, substituted “each quarter, the Virginia Economic Development Partnership” for “June 30 and December 30 of each year, the Governor.”

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 386, effective July 1, 2021, added the definition for ‘New teleworking job‘ in subsection A; added subdivisions E 5 and 6; and added ‘however, if the minimum private investment is reduced or waived pursuant to subdivision E 6, the Governor may provide full or partial relief from such matching requirement‘ in the third sentence of subdivision F 1.

§ 2.2-115.1. COVID-19 Relief Fund.

There is hereby created in the state treasury a special nonreverting fund to be known as the COVID-19 Relief Fund, referred to in this section as “the Fund.” The Fund shall be established on the books of the Comptroller. All funds appropriated to the Fund and any gifts, donations, grants, bequests, and other funds received on its behalf 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 by the Governor solely for the purposes of responding to the Commonwealth’s needs related to the Coronavirus Disease of 2019 (COVID-19) pandemic. 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 Governor or his designee.

History. 2020, cc. 1217, 1277.

Editor’s note.

Acts 2020, cc. 1217 and 1277, cl. 2 provides: “That until July 1, 2021, distributors shall remit a monthly tax to the Department of Taxation (the Department) of $1,200 for each skill game that such distributor provided for play in Virginia during the previous month. The Department shall allocate (i) two percent of the tax revenue collected pursuant to the second enactment of this act to the Problem Gambling Treatment and Support Fund, created pursuant to legislation enacted during the 2020 Regular Session of the General Assembly; (ii) two percent of the tax revenue collected pursuant to the second enactment of this act to the Virginia Alcohol Beverage Control Authority (the Authority) for the purposes of implementing the second, third, fourth, fifth, sixth, and seventh enactments of this act; (iii) 12 percent of the tax revenue collected pursuant to the second enactment of this act to the localities in which the skill games are located; and (iv) 84 percent of the tax revenue collected pursuant to the second enactment of this act to the COVID-19 Relief Fund established pursuant to § 2.2-115.1 of the Code of Virginia, as created by this act. Allocation of funds by the Department pursuant to the second enactment of this act shall occur no later than 60 days after such funds are collected. For purposes of the second, third, fourth, fifth, and sixth enactments of this act, ‘distributor’ means any person that (i) manufactures and sells skill games, including software and hardware, and distributes such devices to an ABC retail licensee or a truck stop or (ii) purchases or leases skill games from a manufacturer and provides such devices to an ABC retail licensee or a truck stop, and who otherwise maintains such games and is otherwise responsible for on-site data collection and accounting. For purposes of the second, third, fourth, fifth, and sixth enactments of this act, ‘ABC retail licensee’ means a person licensed by the Authority pursuant to Title 4.1 of the Code of Virginia. For purposes of the second, third, fourth, fifth, and sixth enactments of this act, “truck stop” means an establishment (i) that is equipped with diesel islands used for fueling commercial motor vehicles; (ii) has sold, on average, at least 50,000 gallons of diesel or biodiesel fuel each month for the previous 12 months, or is projected to sell an average of at least 50,000 gallons of diesel or biodiesel fuel each month for the next 12 months; (iii) has parking spaces dedicated to commercial motor vehicles; (iv) has a convenience store; and (v) is situated on not less than three acres of land that the establishment owns or leases.”

Acts 2020, c. 1217 and 1277, cl. 3 provides: “That, beginning July 1, 2020, and each month following until July 1, 2021, distributors shall provide a report to the Virginia Alcoholic Beverage Control Authority (the Authority), in such form as required by the Authority, detailing (i) the total number of skill games provided for play in Virginia by the distributor, (ii) the address of each location where skill games are provided for play in Virginia by the distributor, (iii) the total number of skill games provided for play by the distributor at each respective location, (iv) the total amount wagered during the previous month on each skill game provided for play in Virginia by the distributor at each respective location where the skill game was provided, and (v) the total amount of prizes or winnings awarded during the previous month on each skill game provided for play in Virginia by the distributor at each respective location where the skill game was provided. The Authority shall aggregate information collected pursuant to this enactment and report it to the Governor, the Chairman of the Senate Committee on Finance and Appropriations, and the Chairmen of the House Committees on Appropriations and Finance on a monthly basis.”

Acts 2020, cc. 1217 and 1277, cl. 4 provides: “That the total number of machines provided for play in Virginia by a distributor shall not exceed the total number of machines reported by that distributor to the Virginia Alcoholic Beverage Control Authority on July 1, 2020, pursuant to the third enactment of this act.”

Acts 2020, cc. 1217 and 1277, cl. 5 provides: “That only those skill games that were provided by a distributor and available for play in ABC retail licensees and truck stops on June 30, 2020, may continue to operate on or after July 1, 2020.”

Acts 2020, cc. 1217 and 1277, cl. 6 provides: “That any distributor found by the Virginia Alcoholic Beverage Control Authority (the Authority) to be in violation of the second, third, fourth, or fifth enactments of this act shall be subject to a civil penalty of not less than $25,000 and not more than $50,000 per incident. Civil penalties collected pursuant to the sixth enactment of this act shall be paid to the Authority and remitted by the Authority to the COVID-19 Relief Fund established pursuant to § 2.2-115.1 of the Code of Virginia, as created by this act.”

Acts 2020, cc. 1217 and 1277, cl. 7 provides: “That, notwithstanding the provisions of § 58.1-3 of the Code of Virginia, the Department of Taxation shall be permitted to disclose information to the Virginia Alcoholic Beverage Control Authority regarding the tax remitted by any distributor pursuant to the second enactment of this act.”

Acts 2020, cc. 1217 and 1277, cl. 8 provides: “That the second, third, fourth, fifth, sixth, and seventh enactments of this act shall expire on July 1, 2021.”

Acts 2020, cc. 1217 and 1277, cl. 9 provides: “That the provisions of the first enactment of this act amending the Code of Virginia by adding a section numbered 2.2-115.1 shall become effective on July 1, 2020, and that the remaining provisions of the first enactment of this act shall become effective on July 1, 2021.”

§ 2.2-116. Service on board of national tobacco trust entity.

The Governor may serve in his official capacity on the board of directors of any entity established to ensure the implementation in the Commonwealth of a national tobacco trust established to provide payments to tobacco growers and tobacco quota owners to ameliorate adverse economic consequences resulting from a national settlement of states’ claims against tobacco manufacturers.

History. 2000, c. 1048, § 2.1-41.3; 2001, c. 844.

§ 2.2-117. Governor to administer anti-crime partnership program.

It shall be the responsibility of the Governor to establish and administer an anti-crime partnership program within the Commonwealth and to authorize, direct, and coordinate existing and future activities of agencies of the Commonwealth in such program. The Governor, in addition to all other duties and responsibilities conferred on him by the Constitution and laws of the Commonwealth, may enter into written anti-crime partnership agreements with political subdivisions of the Commonwealth to assist and enhance their ability to reduce the incidence of violent and drug-related crime and fear of crime.

In addition to such other terms and conditions to which the parties agree, each partnership agreement shall (i) provide for the creation of a partnership committee to advise and direct the partnership, (ii) enumerate the responsibilities of the Commonwealth and the political subdivisions involved, and (iii) state the duration of the partnership, providing for dates on which the partnership will begin and end.

The Governor may provide to anti-crime partnerships established pursuant to this section such technical and personnel resources of the Commonwealth as he determines and such financial resources as provided in the general appropriation act.

History. 1992, c. 663, § 2.1-51.6:3; 2001, c. 844.

§ 2.2-118. Repealed by Acts 2012, cc. 803 and 835, cl. 104.

Editor’s note.

Former § 2.2-118 , governor to administer substance abuse prevention program, derived from Acts 2000, cc. 90, 249, § 2.1-51.6:6; 2001, c. 844.

§ 2.2-119. Governor to administer highway safety program and secure benefits to Commonwealth under federal Highway Safety Act of 1966.

It shall be the responsibility of the Governor to administer the highway safety program within the Commonwealth and to authorize, direct and coordinate existing and future activities of agencies of the Commonwealth and its political subdivisions in such program. The Governor, in addition to all other duties and responsibilities conferred on him by the Constitution and laws of the Commonwealth, may contract and do all other things necessary on behalf of the Commonwealth to secure the full benefits available to the Commonwealth under the federal Highway Safety Act of 1966, and any amendments thereto, and in so doing, cooperate with federal and state agencies, private and public agencies, interested organizations, and individuals, to effectuate the purposes of that act and any amendments thereto, and the highway safety program within the Commonwealth.

The Governor shall be the official having the ultimate responsibility for dealing with the United States government with respect to programs and activities pursuant to the federal Highway Safety Act of 1966 and any amendments thereto. To that end he shall be responsible for related activities of any and all departments and agencies of the Commonwealth and its political subdivisions. He may designate such persons, agencies and commissions to assist him in coordinating the activities contemplated under the federal act, this section, and the state’s highway safety program.

History. 1968, c. 160, § 2.1-51.6; 2001, c. 844.

§ 2.2-120. Powers with respect to state-owned motor vehicles.

  1. The Governor may prescribe, by general or special executive orders, regulations for the purchase, use, storage, maintenance and repair of all motor vehicles owned by the Commonwealth, and in the possession of any state department, institution or agency where his supervision is not forbidden by the Constitution.
  2. The Governor may use any building or land owned by the Commonwealth, and not required to be used for other purposes, for storing and garaging state-owned motor vehicles. He may employ watchmen or guards, mechanics and other labor to repair and service such vehicles, and provide for the purchase of gasoline, oil and other supplies for such vehicles, and allocate among the various departments and agencies using such vehicles their proportionate part of the cost of repairs, servicing, gasoline, oil, and other supplies.
  3. The Governor may create in the State Treasurer’s office a special fund to be reflected on the books of the Comptroller, out of which all costs and expenses incurred pursuant to this section shall be paid. All allocations of costs and charges for repairing and servicing motor vehicles made against any institution, agency, or department shall, when approved by the department head, be paid into the special fund by interdepartmental transfers on the Comptroller’s books. All funds so paid or transferred into the special fund are appropriated for the purposes of this section and shall be paid out on warrants of the Comptroller issued upon vouchers signed by the state officer or employee designated by the Governor.
  4. The Governor may, by executive order or regulation, impose upon the Director of the Department of Planning and Budget, or any other agency of the executive branch of the state government, any or all administrative duties pertaining to the administration of this section.
  5. If any state officer, agent or employee fails to comply with any rule, regulation or order of the Governor made pursuant to this section, the Comptroller shall, upon order of the Governor, refuse to issue any warrant on account of expenses incurred, or to be incurred in the purchase, operation, maintenance, or repair of any motor vehicle now or to be in the possession or under the control of such officer, agent or employee, or the Governor may order some state officer or agent to take possession of the vehicle and transfer it to some other department, institution, agency, officer, agent or employee, or to make such other disposition as the Governor may direct.

History. Code 1950, § 2-42; 1966, c. 677, § 2.1-47; 2001, c. 844.

§ 2.2-121. Approval of purchase of passenger-type automobile; transfer and valuation of surplus vehicles.

No passenger-type automobile shall be purchased by the Commonwealth or any officer or employee on behalf of the Commonwealth without the prior written approval of the Governor. The Governor may transfer surplus motor vehicles among the departments, institutions and agencies, and the Director of the Department of Accounts shall determine the value of the surplus equipment for the purpose of maintaining the financial accounts of the departments, agencies and institutions affected by such transfers.

History. 1954, c. 365, § 2-42.1; 1966, c. 677, § 2.1-48; 2001, c. 844.

§ 2.2-122. Commercial use of seals of the Commonwealth.

  1. Notwithstanding the provisions of § 1-505 , the Governor may authorize the use of the seals of the Commonwealth for commercial purposes upon a finding that such use promotes an appropriate image of the Commonwealth, its heritage and its history, and that such use is carried out in accordance with the laws of the Commonwealth. In considering whether the use of the seals in association with a product promotes an appropriate image of the Commonwealth, preference shall be given to products that (i) preserve traditional methods of production, including handcrafting techniques, (ii) enhance public appreciation of the Commonwealth’s aesthetic values, and (iii) incorporate workmanship and materials of the highest quality. A prospective licensee shall be deemed qualified to protect and promote the image of the Commonwealth if it holds licenses to produce products associated with museums and sites of major historical importance in the Commonwealth, including but not limited to homes of Presidents of the United States and restored historical areas.
  2. The Governor may direct the State Treasurer to cause to be minted gold, platinum, and silver coins for commemorative use that bear the seals of the Commonwealth on the obverse side of the coin and scenes of natural or historically significant locations in the Commonwealth as recommended by the Board of Directors of the Virginia Tourism Authority on the reverse side. Except as provided in subsection C, proceeds from the sale of such coins shall be deposited in the Cooperative Marketing Fund established pursuant to § 2.2-2319 .
  3. The Secretary of the Commonwealth and the Director of the Division of Purchases and Supply shall assist the Governor in determining the appropriateness of (i) any contract entered into for the commercial use of the seals of the Commonwealth, (ii) the product intended to be sold, (iii) any marketing activities undertaken to promote the sale of the product, and (iv) the pricing structure, including royalties to be paid to the Commonwealth for such use and sale. Any such royalties paid to the Commonwealth shall be deposited in the general fund.

History. 1995, c. 295, § 2.1-51.6:4; 2001, c. 844; 2005, c. 839; 2011, c. 755; 2013, c. 763.

The 2005 amendments.

The 2005 amendment by c. 839, effective October 1, 2005, substituted “1-505” for “7.1-31.1” in subsection A.

The 2011 amendments.

The 2011 amendment by c. 755 redesignated former subsection B as C, and added present subsection B.

The 2013 amendments.

The 2013 amendment by c. 763, in subsection B, added “on the obverse side of the coin and scenes of natural or historically significant locations in the Commonwealth as recommended by the Board of Directors of the Virginia Tourism Authority on the reverse side” at the end of the first sentence, and added the second sentence.

§ 2.2-123. Authority over rooms and space in public buildings.

Rooms and space in public buildings at the seat of government, other than the Capitol, whether the rooms or space are occupied, may be vacated, assigned, and reassigned by the Governor to such departments, divisions, agencies, and officers of the Commonwealth as the Governor deems proper. The Governor shall not vacate, assign or reassign any rooms or space occupied by the Supreme Court, the General Assembly, the State Corporation Commission or other independent agencies, without the consent and approval of such bodies.

History. Code 1950, § 2-41; 1966, c. 677, § 2.1-46; 2001, c. 844.

§ 2.2-124. Regulation of athletic leaves of absence.

  1. The Governor shall establish rules to provide for the regulation of athletic leaves of absence for state employees as follows:
    1. A public employee who qualifies as a member of the United States team for athletic competition on the Pan American or Olympic level in a sport contested in such competition may be granted leave of absence upon approval of the appropriate cabinet secretary without loss or reduction of pay, time, annual leave, or efficiency rating for the purpose of preparing for and engaging in competition on such levels. In no event shall the paid leave under this subdivision exceed the period of the official training camp and competition combined or ninety calendar days a year, whichever is less. A public employee who qualifies and applies as a member of the United States team for athletic competition on the international level other than the Pan American or Olympic games may be granted a leave of absence without pay.
    2. A public employee who qualifies and applies for an athletic leave of absence under the provisions of this subdivision shall notify his employer of his desire for such leave at least thirty days before the effective date of the leave; however, if the official training camp for international or Olympic games commences less than thirty days after the employee’s selection as a member of the United States team, the employee shall notify his employer of his desire for athletic leave immediately upon his selection as a member of such team.
    3. All or any portion of the approved athletic leave of absence provided for in this subdivision may be canceled retroactively by the employer if the employee does not participate in the training or competition for approved reasons or for reasons that are unrelated to the physical and/or mental ability to compete.
    4. If the absence of a state employee necessitates the hiring of a substitute during the employee’s absence, the Commonwealth shall reimburse the governmental branch, department, agency, board, institution, or commission of the Commonwealth for actual costs incurred in employing the substitute.
  2. As used in this section, unless the context requires a different meaning:“Public employee” means any full-time employee of the Commonwealth or of any branch of the state government, of any executive department of the Commonwealth, or of any agency, board, institution or commission of the State; however, no elected official shall be considered a public employee for purposes of this section.“Athlete” means an individual who is dedicated to improving a skill or skills in a particular physical exercise, sport, or game requiring strength, agility, or stamina and for whom this effort does not result in financial gain or remuneration.“International or Olympic competition” means any athletic competition involving athletes from two or more nation-states.

History. 1981, c. 335, § 2.1-114.2:1; 2001, c. 844.

§ 2.2-125. Governor authorized to accept certain property from Confederate Memorial Literary Society.

The Governor may accept, in the name of the Commonwealth, the property known as The White House of the Confederacy, any building that may be erected by the Confederate Memorial Literary Society, and the property known as The Lee House, located at 707 East Franklin Street in the City of Richmond, together with any moneys or other assets, including items being housed and displayed in such buildings or any of them, belonging to the Confederate Memorial Literary Society. The buildings and their contents thereof shall thereafter be preserved and maintained for historic purposes by the Commonwealth. Upon the transfer of title to the property to the Commonwealth, the Governor shall appoint a board of trustees consisting of thirteen persons appointed from the Commonwealth at large, which shall thereafter be charged with the preservation and maintenance of the properties and the administration of any funds that may be received or donated by the Confederate Memorial Literary Society or from any other source. The members of the board first appointed shall be appointed as follows: four for terms of four years, four for terms of three years, four for terms of two years, and one for a term of one year. Subsequent appointments shall be for terms of four years except appointments to fill vacancies, which shall be for the unexpired terms.

The board shall appoint a treasurer, who shall have custody of its funds and shall be bonded in such amount as the board may determine. Expenditures from such funds shall be made by the treasurer as the board directs, for any purpose, in the discretion of the board, consonant with the purpose for which the same are donated.

The board may fix, charge and collect admission fees to the buildings under its custody and control, and expend moneys so received in the upkeep, maintenance and operation of such buildings as historic shrines.

History. 1966, c. 412, §§ 9-84.1, 9-84.2, 9-84.3, 9-84.4; 2001, c. 844.

§ 2.2-126. Disposition of official correspondence.

  1. Before the end of his term of office, the Governor shall have delivered to The Library of Virginia for safekeeping all correspondence and other records of his office during his term. This section shall not apply to correspondence or other records of a strictly personal or private nature, or active files necessary for the transaction of business by the Office of the Governor, the decision thereon to be made by the Governor after consultation with the Librarian of Virginia. Records delivered to The Library of Virginia shall be made accessible to the public, once cataloging has been completed.
  2. Should any subsequent Governor need such records for the transaction of business of the Office of the Governor, the records may be reviewed at the Library and copied, if necessary, but the Governor and his staff shall ensure that the original records are preserved intact and remain in The Library of Virginia.

History. Code 1950, § 2-40.1; 1966, c. 677, § 2.1-45; 1988, c. 476; 1994, c. 64; 2001, c. 844; 2003, c. 590.

The 2003 amendments.

The 2003 amendment by c. 590, in the second sentence of subsection A, inserted “strictly” preceding “personal,” and inserted “after consultation with the Librarian of Virginia” at the end.

Article 2. Executive Reorganization.

§ 2.2-127. Purpose.

The Governor shall from time to time examine the organization of all executive agencies and shall determine what changes therein are necessary to:

  1. Promote better execution of the laws, the more effective management of the executive branch of state government and of its agencies and functions, and the expeditious administration of the public business;
  2. Reduce expenditures and promote economy to the fullest extent consistent with the efficient operation of state government;
  3. Increase the efficiency of the operations of state government to the fullest extent practicable;
  4. Group, coordinate, and consolidate agencies and functions of state government, as nearly as may be, according to major purposes;
  5. Reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions thereof that are not necessary for the efficient conduct of the state government; and
  6. Eliminate overlapping and duplication of effort.

History. 1977, c. 505, § 2.1-8.1; 2001, c. 844.

§ 2.2-128. Definitions.

For the purpose of this chapter:

“Agency” means an administrative unit of state government, including any department, institution, commission, board, council, authority, or other body, however designated.

“Board” means any collegial body in the executive branch of state government created by the General Assembly.

“Function” means an activity, assignment or set of operations.

“Reorganization” means a transfer, consolidation, coordination, or abolition of a function, or the assignment or reassignment of responsibility and authority for the execution of a function.

History. 1977, c. 505, § 2.1-8.2; 2001, c. 844.

§ 2.2-129. Reorganization plans.

When the Governor, after investigation, finds that the:

  1. Transfer of the whole or a part of an agency, or of the whole or a part of the functions thereof, to the jurisdiction and control of another agency;
  2. Abolition of all or a part of the functions of an agency;
  3. Transfer or abolition of the whole or a part of the responsibilities of a board;
  4. Abolition of a board;
  5. Consolidation or coordination of the whole or a part of an agency, or of the whole or a part of the functions thereof, with the whole or a part of another agency or the functions thereof;
  6. Consolidation or coordination of a part of an agency or the functions thereof with another part of the same agency or the functions thereof;
  7. Abolition of the whole or a part of an agency which agency or part does not have, or on the taking effect of the reorganization plan will not have, any functions; or
  8. Authorization for the exercise of functions or responsibilities by an agency, board, or officer to whom such functions or responsibilities have been transferred; is necessary to accomplish one or more of the purposes of § 2.2-127 , he shall prepare a plan for reorganization and transmit the plan to each house of the General Assembly at least forty-five days prior to the commencement of a regular or special session of the General Assembly.

History. 1977, c. 505, § 2.1-8.3; 2001, c. 844.

§ 2.2-130. Contents of reorganization plans.

A reorganization plan transmitted by the Governor under § 2.2-129 :

  1. May change the name or title of any agency, agency head, or board, council, commission or other collegial body affected by a reorganization, and shall designate the name or title of any new agency, agency head, or collegial body resulting from a reorganization;
  2. May provide for the appointment of the head of any agency affected by, or resulting from, a reorganization, for an initial term not to exceed the balance of the term of the incumbent Governor, and for four-year terms thereafter;
  3. May provide for the compensation of the head of an agency, not to exceed the rate found by the Governor to be applicable to comparable officers in the executive branch;
  4. Shall provide for the transfer or other disposition of the records, property, and personnel affected by a reorganization;
  5. Shall provide for the transfer of such unexpended balances of appropriations, and other funds, available for use in connection with a function or agency affected by a reorganization, or for the use of the agency that has the functions after the reorganization plan is effective. However, the unexpended balances so transferred may be used only for the purposes for which the appropriation was originally made; and
  6. Shall provide for terminating the affairs of an agency that is abolished.

History. 1977, c. 505, § 2.1-8.4; 2001, c. 844.

§ 2.2-131. Limitation on powers.

A reorganization plan may not provide for, and a reorganization under this chapter shall not have the effect of, authorizing an agency to exercise a function that is not authorized by law at the time the plan is transmitted to the General Assembly.

History. 1977, c. 505, § 2.1-8.5; 2001, c. 844.

§ 2.2-132. Approval by the General Assembly; effective date; publication.

  1. A reorganization plan transmitted by the Governor to the General Assembly under this chapter shall become effective only if the Senate and the House of Delegates each approve the reorganization plan by a resolution by a majority of the members present and voting in each house. Any portion of the reorganization plan may be deleted by either the Senate or the House of Delegates in the resolution approving the plan. The Governor may withdraw a reorganization plan transmitted to the General Assembly under this chapter at any time before its effective date. A reorganization plan or portions thereof as approved by the Senate and the House of Delegates shall become effective on the first day of the fourth month following the adjournment of the General Assembly at which such plan was approved, unless a different date is specified in the plan.
  2. A reorganization plan that is adopted pursuant to this section shall be printed in the Acts of Assembly and in the Code of Virginia.

History. 1977, c. 505, §§ 2.1-8.6, 2.1-8.7; 2001, c. 844.

Approval of the Governor’s Executive Reorganization Plan. Acts 2012, House Joint Resolution No. 49 and Senate Joint Resolution No. 66, both approved the Executive Reorganization Plan (Acts 2012, cc. 803 and 835) submitted by the Governor. The text of the resolutions is identical, and is set out below:

“WHEREAS, Article 2 (§ 2.2-127 et seq.) of Chapter 1 of Title 2.2, entitled Executive Reorganization, directs the Governor from time to time to examine the organization of all executive agencies and determine what changes therein are necessary to (i) promote better execution of the laws, the more effective management of the executive branch of state government and of its agencies and functions, and the expeditious administration of the public business; (ii) reduce expenditures and promote economy to the fullest extent consistent with the efficient operation of state government; (iii) increase the efficiency of the operations of state government to the fullest extent practicable; (iv) group, coordinate, and consolidate agencies and functions of state government, as nearly as may be, according to major purposes; (v) reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions thereof that are not necessary for the efficient conduct of the state government; and (vi) eliminate overlapping and duplication of effort; and

WHEREAS, Article 2 (§ 2.2-127 et seq.) of Chapter 1 of Title 2.2 requires the Governor to prepare a plan for reorganization and transmit the plan to each house of the General Assembly at least 45 days prior to the commencement of a regular or special session of the General Assembly; and

WHEREAS, on November 25, 2011, the Governor submitted his reorganization plan to the Clerks of the House of Delegates and the Senate of Virginia; and

WHEREAS, Article 2 (§ 2.2-127 et seq.) of Chapter 1 of Title 2.2 requires that, in order to become effective, the Governor’s reorganization plan must be approved by the House of Delegates and the Senate of Virginia by resolution in whole or in part. Further, any portion of the reorganization plan may be deleted by either the Senate or the House of Delegates; and

WHEREAS, the Governor’s reorganization plan in pertinent detail follows; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That the Governor’s reorganization plan as contained in this resolution be approved, subject to the enactment of a bill by the 2012 Session of the General Assembly; and, be it

RESOLVED FURTHER, That the Clerk of the House of Delegates transmit a copy of this resolution to the Governor in order that he may be apprised of the sense of the General Assembly in this matter.

GOVERNOR’S EXECUTIVE

REORGANIZATION PLAN.

NOVEMBER 25, 2011.

The Commonwealth Competition Council was created in 1995 as independent advisory body within the executive branch with the goal of finding opportunities for privatization of state government functions. At the time, Virginia was on the cutting edge of privatization of government functions. Today, privatization is frequently discussed throughout government, and the Commonwealth Competition Council is often circumvented as vendors work directly with agencies and take advantage of the PPTA and PPEA processes. The Competition Council meets approximately once a year and, in recent years, has primarily monitored actions happening elsewhere in state government rather than taking the lead role on these efforts. The Commission on Government Reform and Restructuring recommended elimination of the Council in 2011. The Commonwealth Competition Council was created with a laudable goal of promoting privatization. In the years since, it has succeeded in making privatization a common theme in state government and has served its purpose. Elimination of the Council is now appropriate.

The Interagency Dispute Resolution Council should be eliminated, and the Department of Human Resource Management should be authorized to perform agency training seminars and educational programs on the use of dispute resolution proceedings.

The Interagency Dispute Resolution Council was created in 1992 to conduct training seminars, publish educational materials, and report on the use of dispute resolution. The Council is made up of state employees and citizens. Costs of staffing and administration of this board were estimated at almost $3,000 for FY2011 despite being unfunded by the General Assembly and without offering travel reimbursements to members. Many seats remain unfilled and participation is low. While Alternative Dispute Resolution is an important tool that can greatly increase efficiencies and effectiveness across state government, the Council is not necessary to promote its use. It will be more efficient for the Department of Human Resource Management to manage this function directly.

The Commission on Government Reform and Restructuring recommended elimination of the Council in 2011.

The Virginia Public Buildings Board should be eliminated and the responsibility to assist and advise the Governor and the Department of General Services in the preparation and maintenance of a long-range site plan at the seat of government should be transferred to the Capitol Square Preservation Council.

Virginia Public Buildings Board is an advisory board made up of legislators, citizens, and the Director of the Department of General Services. The Board advises on the preparation and maintenance of a long-range site plan at the seat of government, and in the determination of the need for the acquisition of land, buildings and improvements at the seat of government. The responsibilities of the Board overlap with the Capitol Square Preservation Council, a legislative branch body, which develops and reviews plans for architectural, historical, archeological and landscape maintenance and enhancements in Capitol Square. The Board’s responsibility for advising on long-range planning should transfer to the Capitol Square Preservation Council. The Board has met four times in the last seven years.

The Commission on Government Reform and Restructuring recommended elimination of the Council in 2011.

The Virginia Council on Human Resources should be eliminated, and the Director of the Department of Human Resource Management should be statutorily empowered to convene ad hoc working groups to address issues regarding the state workforce.

The Virginia Council on Human Resources was created as a statutory means of communicating employee issues and feedback across the enterprise of state government. Funding for the costs of expenses is incurred by the Department of Human Resource Management as mandated by Code. In order to get feedback on specific issues related to state employees, the Department of Human Resource Management already forms state employee feedback workgroups on issues on an as-needed basis. The functions of the Council can be performed through ad hoc working groups convened by the Department of Human Resource Management. The Commission on Government Reform and Restructuring recommended elimination of the Council in 2011. The Virginia Council on Human Resources should be eliminated, and the Department of Human Resource Management should be statutorily empowered to exercise this power and responsibility.

The Department of Employment Dispute Resolution’s primary function is to administer the state personnel grievance process. The Department (DEDR) has eight employees and a budget of over $1,000,000. The Department of Human Resource Management is also involved in the employment grievance process. Merger of the two agencies would result in operational efficiencies and cost savings. In order to preserve the integrity and legal standing of the employment dispute process, the new office within the Department of Human Resource Management will have a level of independence to protect the dispute hearing process.

Governor Tim Kaine recommended this merger in 2009 in his introduced budget.

The functions performed by the Human Rights Council should be transferred to the Department of Law (Office of the Attorney General), and the Council should be eliminated.

The Human Rights Council is an agency of the Commonwealth that accepts complaints of discrimination from the citizens of the Commonwealth and seeks to resolve those complaints. The agency has a budget of approximately $400,000 and a staff of four. The Office of the Attorney General is already involved in the work of the Council. For example, the Council can only seek prevention of or relief from an alleged unlawful discriminatory practice with the approval of the Attorney General and Assistant Attorneys General review determinations to ensure they are compliant with the law. The Council does not need to be a stand-alone agency. The Office of the Attorney General can take on this responsibility. While they would likely need some staff to manage this additional responsibility, it could likely do so at a cost-savings to the Commonwealth as they would likely not need the full complement of employees currently staffing the stand-alone agency.

Additionally, in completing this merger, the Human Rights Council body can be eliminated. The Council met only once in 2010 and twice in 2009. The Council oversees the work of the staff. Locating the staff in the Office of the Attorney General will eliminate the need for a governing board.

The Advisory Council to the Southeastern Interstate Forest Fire Protection Compact provides input to the State Forester in his role as a member of the Southern Interstate Forest Fire Protection Compact. The bylaws of the Compact require the State Forester to establish an advisory council. However, the bylaws are silent as to how the council is formed. If and when there is a need, the State Forester has the ability to form an advisory council to meet the Compact’s bylaw requirements.

The elimination of the Council will not impact DOF operations and ability to meet its role in interstate forest fire protection assistance when needed. Existing agreements between USFS and DOF as well as compacts with other states allow this agency to work efficiently and effectively in forest fire assistance.

This was a recommendation of the Secretary of Agriculture and Forestry.

The Office of Consumer Affairs, currently part of the Virginia Department of Agriculture and Consumer Services, should be merged into the Office of the Attorney General.

The Office of Consumer Affairs, a division of the Department of Agriculture and Consumer Services, is the clearinghouse for consumer complaints. The Office handles incoming complaints and investigates those complaints. The Office of the Attorney General acts as an advocate for Virginia consumers through legal action, consumer alerts, and educational materials designed to protect Virginia consumers. Through its Division of Consumer Counsel, the Office is authorized to take action to stop patterns of illegal conduct against consumers, and, where appropriate, seek refunds for affected consumers. Having two separate agencies managing consumer protection leads to a disjointed system that is confusing for citizens of the Commonwealth. Merging the Office of Consumer Affairs into the Office of the Attorney General will lead to a more unified and efficient consumer protection operation for Virginia and better protect Virginia consumers.

The Reforestation of Timberlands Board is charged with advising the State Forester in all matters concerning the administration of the Reforestation of Timberlands Program (RTP). The General Assembly authorized the RTP in 1970 as a financial incentive for private landowners to plant pine seedlings in response to over-harvesting of pine timber. Funds for the program come from three sources: forest industry, the Commonwealth, and private landowners. The industry pays into the fund through a self-imposed severance tax when pine timber is harvested. This money is matched with General Fund revenue. The DOF’s field offices located throughout the state run the program.

Consolidation of the boards makes sense because both the RT Board and the Board of Forestry are advisory boards. DOF is confident that the two boards can be combined without any loss of emphasis on the importance of the RTP. Consolidation will not result in any interruption of the program because the RTP is already being run out of DOF offices.

Consolidation of the boards also provides the opportunity for further reform to better represent the forestry industry. In order to retain the diversity required of the current RT Board, BOF membership can be adjusted in the Code. Reconfiguring the BOF will give the opportunity to better reflect industry interests by moving away from the current Congressional district allocations.

The current RT Board consists of three representatives of the pine pulpwood industry, three representatives of the pine lumber industry, one of whom is the owner of a sawmill annually producing not more than five million board feet, and three small forest landowners.

This was a recommendation of the Commission on Government Reform and Restructuring.

The Seed Potato Board is a policy board with the sole purpose of adopting regulations and establishing standards for seed potatoes.

The current Potato Board receives check-off funds from potato farmers in the amount of two cents per 100 pounds of potatoes harvested in Virginia. The funds are deposited in the Virginia Potato Fund and used to fund research, education and promotion of Virginia grown potatoes.

The boards have a narrow focus that would not be diminished by their combination. Given the limited number of commercial potato growers in Virginia, Board membership is similar and reflective of the industry’s interests. Combining the boards would not result in any diminution of representation of the industry. The newly comprised board would have the responsibility of both regulating seed potatoes and promoting Virginia potatoes. In order to perform both functions, there would likely be a seed potato committee within the Potato Board that will handle the regulatory issues associated with seed potatoes.

Savings are expected based on the fact that VDACS currently provides any funds necessary to operate the Seed Potato Board. Combining the boards would streamline operations and efficiencies.

This was a recommendation of the Commission on Government Reform and Restructuring.

The Bright Flue-Cured Tobacco Board and the Dark-Fired Tobacco Board administer separate promotion funds for specific types of tobacco grown in Virginia, using funds collected from an excise tax on tobacco paid by the growers. These two boards can more efficiently function and better promote Virginia-grown tobacco as a single Tobacco Board.

Consolidation of these two boards is recommended because it will provide a more efficient use of the limited resources generated through check-off fees by the two boards. The new board will be comprised of representatives of both flue-cured and dark-fired regions. A single excise tax would be collected on all tobacco, and then distributed based on the percentage of each type of tobacco grown in Virginia. Each type of tobacco would continue be the beneficiary of the fees generated from the sale of that particular tobacco, but would further benefit from streamlined operations of a single board. Although tobacco remains a top 10 agricultural commodity crop in Virginia, the number of producers eligible for board membership has declined significantly during the last decade.

The new Tobacco Board would consist of nine seats, six from the Bright Flue-Cured Board and three from the Dark-Fired Board. The seven areas represented on the Bright Flue-Cured Board will be condensed to six areas. Stand alone areas — Area I (Pittsylvania), Area III (Halifax) and Area V (Mecklenburg) will be retained. Pittsylvania will be stricken from Area II and the remainder of Area II will be combined with Area IV. The three Dark-Fired members will come from the Eastern, Central and Western Region of the dark-fired tobacco producing section of the Commonwealth.

This was a recommendation of the Commission on Government Reform and Restructuring.

The Pesticide Control Board should be consolidated into the Board of Agriculture and Consumer Services. One board seat should be designated to represent the pesticide industry.

The Pesticide Control Board (PCB) is a policy board that oversees the regulation of pesticides in Virginia. The Office of Pesticide Services (VDACS) already provides staff support to the PCB, including special projects. The Board of Agriculture and Consumer Services (BACS), whose members include a wide range of pesticide stakeholders, can handle policy and regulatory issues associated with the use of pesticides.

This was a recommendation of the Commission on Government Reform and Restructuring.

The Board for Hearing Aid Specialists was established in 1970. The purpose of this Board is to license those who are qualified, either by a temporary permit or full licensure, to test and fit individuals who need the assistance of a hearing aid. The Board for Opticians was established in 1954 to regulate individuals who fit and sell prescription glasses, and contact lenses were later added. The Board is comprised of three licensed opticians, an ophthalmologist, and one citizen member. Each member is appointed by the Governor for a four-year term and may not serve for more than two consecutive terms. The Board meets a minimum of four times per year. The Board for Opticians and the Board for Hearing Aid Specialists each receive few complaints. Individuals who contact the Board are typically concerned with customer service issues rather than a violation of the regulations. The Office of Consumer Affairs at the Virginia Department of Consumer and Agricultural Services (VDACS) manages customer service issues related to hearing aid devices and prescription glasses and contact lenses.

The Governor’s Commission on Government Reform and Restructuring recommended consolidations of the Boards in 2011.

The Board for Geology should be merged with the Board for Professional Soil Scientists and Wetlands Professionals as they serve the same purpose for their respective industry.

Merging the boards would reduce the number of meetings from six to three creating more efficiency and cost savings. Additionally, the merger would produce a board with more diverse backgrounds to aid in a more balanced process in which to promulgate regulations. The Department of Professional and Occupational Regulation (DPOR) reports few complaints are made to either Board.

The Governor’s Commission on Government Reform and Restructuring recommended consolidations of the Boards in 2011. ‘Project Streamline’ during the Wilder Administration recommended deregulating these professions.

The Small Business Advisory Board should be eliminated, and two seats representing small business owners should be added to the Small Business Commission.

The Small Business Advisory Board is strictly an advisory board, not a policymaking board. The Board has not had a quorum in the past eight meetings. The Governor and/or the Secretary of Commerce and Trade have broad discretion to organize a task force to serve in an advisory capacity when necessary. The Small Business Advisory Board is duplicative of the efforts of the Small Business Commission, which exists to study, report, and make recommendations on issues of concern to small businesses in the Commonwealth. The Commission is made up of 14 members — four citizens and 10 legislators. Two additional seats should be added to the Small Business Commission to enhance the representation of Virginia’s small business owners and their role in the policymaking process.

The Commission on Government Reform and Restructuring recommended elimination of the Board in 2011.

The sole duty of the Board of Surface Mining Review is to hear appeals from orders, rules, or regulations issued by the Department of Mines, Minerals and Energy (DMME) related to the reclamation of mineral mining operations. The Board has not met in this capacity since 2008. All appeals of orders have been resolved at the informal conference stage of the process during this time.

The APA provides for the administrative review of agency actions through a uniform, statewide process. Since the Board meets so infrequently, it can be difficult for Board members to remain informed of current laws and regulations and industry best practices. It is possible that members may be appointed and never hear a single case during their term. The APA process and the decisions rendered by hearing officers are standardized. Additionally, informal resolution of issues can still take place without the Board. The authority now managed by the Board will be managed by DMME and streamlined through the process set out in the Administrative Process Act (APA).

The Commission on Government Reform and Restructuring recommended elimination of the Board in 2011.

The Board of Mineral Mining Examiners currently requires certification of persons who work in mineral mines and persons whose duties and responsibilities in relation to mineral mining require competency, skill, or knowledge in order to perform consistently with the health and safety of persons and property. While the Board also promulgates regulations pertaining to the conduct of examinations, determines the qualification necessary for certified individuals, and conducts hearings to revoke a certification in certain circumstances. This Board has typically met once a year and only represents a portion of the minerals industry, while the Department of Mines, Minerals and Energy (DMME) routinely works with all regulated entities on a regular basis.

The Code gives the Board the discretion to allow a hearing officer to hear these appeals under the Administrative Process Act managing the functions administratively within DMME’s Division of Mineral Mining. The Director of DMME may call together regulatory advisory groups to provide stakeholder input during the regulatory process.

The Commission on Government Reform and Restructuring recommended elimination of the Board in 2011.

In 2005, the General Assembly created the Virginia National Defense Industrial Authority (VNDIA) — previously an advisory board created through executive order — ‘To foster and promote business, technology, transportation, education, economic development and other efforts in support of the mission, execution, and transformation of the United States government military and national defense activities located in the Commonwealth.’ VNDIA is governed by a Board appointed by the Governor and the General Assembly. VNDIA is an affiliated agency of the Secretary of Commerce and Trade — with budget funding passed through the Virginia Economic Development Partnership, where they are co-located. The Board may appoint an executive director and has chosen to do so. VNDIA currently has three full time employees. With the winding down of the 2005 BRAC and the creation of the Secretary of Homeland Security and Veterans Affairs, VNDIA is duplicative of the new Secretariat efforts as outlined in the Code of Virginia. Additionally, Governor McDonnell issued Executive Order 22 in 2010 to support a working group on military installations and one working group on non-military national security facilities. In 2011, Governor McDonnell instituted Executive Order 39, to protect the military and national security assets located in the Commonwealth as authorized in Executive Order 22, and continuously seek new opportunities for growth. VEDP also has staff focused on this sector of the Commonwealth’s economy. The elimination of the Authority would produce a cost savings to the Commonwealth of nearly $790,000 per biennium.

As was recommended by the Commission on Government Reform and Restructuring in 2010 and 2011, the Secretary of Commerce and Trade and the Secretary of Homeland Security and Veterans Affairs recommends the elimination of VNDIA.

The Board for Barbers and Cosmetology currently regulates hair braiders, among other professions. The Board should no longer regulate hair braiders.

The Board for Barbers and Cosmetology was created by merging the Board for Barbers and the Board for Cosmetology, both originally established in 1962, through legislation signed by Governor Gilmore in April 2000. In accordance with Virginia statute, the Board is composed of 10 members, eight members are licensed practitioners in the respective regulated professions, and two are citizen members. The Board regulates businesses and individuals that engage in barbering, cosmetology, nail care, waxing, hair braiding, tattooing, body-piercing, and esthetics. The Board also regulates individuals who teach and schools that provide training in barbering, cosmetology nail care, waxing, hair braiding, tattooing, and esthetics. The Board regulates approximately 73,000 individuals, businesses, and schools.

There are currently 382 licensed hair braiders, 42 hair braiding salons, and eight hair braiding schools. The regulation of hair braiders is a burden to those who chose this as their sole profession costing each individual $75 for an exam and $140 for a two-year license. The hair braiding industry poses a minimal risk of public harm. Additionally, a Colorado study in 2008 found 23 states do not reference hair braiding as a regulated profession. Over the past five years, there have been two fines for hair braiders, one revocation, and one fine against a hair braider salon. Legislation should be introduced to remove hair braiders, braider schools and braider salons from the list of regulated professions by the Board for Barbers and Cosmetology through § 54.1-700 of the Code of Virginia. This would only impact those who practice or teach only hair braiding and none of the other regulated professions.

The Virginia Board for Asbestos, Lead, Mold, and Home Inspectors currently regulates mold inspectors and mold remediators, among other professions. The Board should no longer regulate mold inspectors and mold remediators.

The Virginia Board for Asbestos, Lead, Mold, and Home Inspectors regulates the licensure of mold inspectors and mold remediators. The licensing Board was created by the General Assembly in 1993 to oversee the asbestos licensing regulations. It was expanded in 1994 to include lead-based paint activities licensing, and again in 2001 to include home inspector certification. The 2009 General Assembly directed the Board to develop a licensure program for mold remediators and inspectors, effective in 2011. The U.S. Environmental Protection Agency (EPA) does not see a need to regulate mold remediation in a home. This is an example of Virginia over regulating where the EPA does not. Currently, there are only three states that regulate the mold industry.

The functions of the Virginia Public Broadcasting Board should be transferred to the Board of Education, and the Virginia Public Broadcasting Board should be eliminated. The Virginia Public Broadcasting Board allocates awards grants to public broadcasting stations. The Commonwealth appropriates $10,000 per year for the functioning of this Board, and the Board has not met in the last two years. The Board of Education can absorb this responsibility, yielding a savings for the Commonwealth.

The Commission on Government Reform and Restructuring recommended elimination of the Council in 2010.

A new state agency, consisting of Virginia Department for the Aging and the Department of Rehabilitative Services, will be created to provide services to a population that can be better served with unified resources.

Under a memorandum of agreement, the Department of Rehabilitative Services (DRS) currently performs certain human resources, information technology, fiscal and general services, communications/public relations and internal audit services for the Virginia Department for the Aging (VDA). The creation of this new agency would reduce confusion for Virginians who currently seek services from more than one agency. It also reduces confusion for providers that currently report to and receive funds from more than one state agency. This new agency would simplify and streamline service delivery, avoid duplication, improve alignment and manage costs, increase access, and make better use of information and other resources among agencies performing similar functions in the Health and Human Resources Secretariat.

The new agency would create a unified vision and improved outcomes for similar services and supports. Additionally, it will streamline and avoid duplication in oversight of similar functions as well as making better use of information, training and staff resources.

This was a recommendation of the Commission on Government Reform and Restructuring in 2011.

Adult Protective Services investigates reports of abuse, neglect, and exploitation of adults 60 years of age or older and incapacitated adults age 18 or older. If protective services are needed and accepted by the individual, local Adult Protective Services social workers may arrange for a wide variety of adult services, including; health, housing, social and legal services to stop the mistreatment or prevent further mistreatment. Services offered may include home-based care, transportation, adult day services, adult foster care, nutrition services and legal intervention in order to protect the adult. Services may also be arranged for individuals in emergency situations who lack the capacity to consent to services.

In state fiscal year 2011, there were nearly 18,000 reports of abuse, neglect, or financial exploitation of older adults and adults with disabilities in Virginia. By 2030, nearly one-quarter of Virginia’s residents will be age 65 or older, and individuals with disabilities are moving out of institutions and into their communities. Consolidation of these functions into the state agency that focuses on serving these individuals will strengthen our ability to respond to these realities. This consolidation would reduce redundancy in the oversight and state administration of similar functions. For example, the average constituent will call the Department for the Aging (VDA) with concerns of alleged elder abuse or exploitation, rather than contacting the Adult Services/Protective Services unit of DSS.

This is a recommendation of the Commission on Government Reform and Restructuring in 2011.

The Advisory Board on Child Abuse and Neglect is composed of nine persons appointed by the Governor for three-year staggered terms, and permanent members including the Superintendent of Public Instruction, the Commissioner of Health, the Commissioner of Behavioral Health and Developmental Services, the Commissioner of Social Services, the Director of the Department of Juvenile Justice, the Director of the Department of Corrections, the Director of the Department of Criminal Justice Services, and the Attorney General of Virginia, or their designees. The Advisory Board meets quarterly and, as the need may arise, advise the Department, Board and Governor on matters concerning programs for the prevention and treatment of abused and neglected children and their families and child abuse and neglect issues identified by the Commissioner of Social Services.

Consolidation would allow the Commonwealth to focus on ending generational abuse and aligning Virginia’s child abuse prevention efforts. Additionally, the consolidation provides expertise created through merger which will improve overall response to family abuse.

The Family and Children’s Trust Fund (FACT) provides for the support and development of services for the prevention and treatment of violence within families. This goal is achieved through public and private collaboration.

This was a recommendation of the Commission on Government Reform and Restructuring in 2011.

The Hemophilia Advisory Board should be eliminated and the Commissioner of the Virginia Department of Health (VDH) should maintain authority to convene issue-based workgroups as needed.

The Virginia Hemophilia Advisory Board is a governor-appointed board who advises and assists the Virginia Department of Health in the administration of the CSHCN Hemophilia Program. The board includes representatives from voluntary agencies interested in hemophilia, hematologists, blood banks/pharmacies, medical schools, hospitals, local public health agencies and the general public.

An existing framework is in place to programmatically set and carry out goals and objectives for CSHCN programs, including the Virginia Bleeding Disorders Program (VBDP), under the Maternal and Child Health Block Grant. The Virginia Genetics Advisory Committee could be more effective with a broader scope and membership; the change in leadership with this group presents an opportunity at this time to make modifications. At any time and by discretion, the Commissioner of the Virginia Department of Health (VDH) may bring together an Advisory Committee regarding any topic under the purview of the Health Department. Acknowledging that Hemophilia is of specific concern to some constituencies, this, like any other related matter, can be discussed and addressed through a more flexible framework with less cost and administrative burden to the Commonwealth.

This is a recommendation of the Commission on Government Reform and Restructuring in 2011.

The Child Day Care Council should be eliminated and the Board of Social Services should be designated as the authority to adopt regulatory standards for licensure and operations of child day care centers. Two seats should be added to the Board of Social Services to represent the day care industry.

Since its inception in 1987, the licensing and regulation of Child Day Care Centers was performed by the Board of Social Services. The Child Day-Care Council has revised, simplified, and adopted several new standards for the benefit and safety of children. Under the council, child day centers are child day programs offered to (i) two or more children under the age of 13 years in a facility that is not the residence of the provider or of any of the children in care or (ii) 13 or more children at any location. Examples of child day centers include child care centers, before- and after-school programs, nursery schools, and certain camps. Originally, the Council was composed of a minimum of 13 members; however, in 2002, membership was increased by the General Assembly to a minimum of 29. All members are appointed by the Governor and represent a variety of interests from around the state. The standards cover a range of topics including such things as background checks for day center staff, physical plant requirements, nutrition and food services, and first aid.

Elimination of the Child Day Care Council would significantly reorganize and streamline DSS’s regulatory process by abolishing the 29-member Council, which oversees only three regulations, and delegating its responsibility for adopting regulations for the licensure and operation of child day centers to the nine-member DSS Board of Social Services. Two of these regulations, Background Checks for Licensed Child Day Centers and Public Participation Guidelines, are an exact duplication of the regulations for all the other children’s programs and are unnecessary.

The approval authority for all other regulations in DSS is the State Board, which does not consist of a majority of members with a vested interest in a regulation. In fact, § 63.2-215 of the Code of Virginia states ‘No director, officer or employee of an institution subject to the provisions of this title shall be appointed a member of the Board.’

The Board is experienced in overseeing regulations governing child day programs. The Board has the responsibility for overseeing 50 DSS regulations, of which eight are related to child care and govern over 9,600 child care providers. The Council has the responsibility for only three regulations that govern slightly over 2,500 licensed child day centers.

The CDCC is authorized by the Code of Virginia to adopt regulatory standards for licensure and operation of child day care centers in Virginia. While the Administration values the role of the Child Day Care Council in assuring that Virginia’s children are cared for in a safe environment while away from home, it is believed that the duties and responsibilities of the Child Day Care Council can be assumed through representation on the Board of Social Services.

This was a recommendation of the Commission on Government Reform and Restructuring in 2011.

The Virginia Office of Environmental Education is a one-stop-shop for environmental education and information. The office’s stated mission is to work with public and private organizations to deliver quality environmental education programs that meet state academic standards and engage citizens in conservation activities.

The Department of Conservation and Recreation (DCR) interfaces with the general public, including students and teachers, on a regular basis through the operation of state parks, natural heritage programs, and planning and recreational resources. Moving the Office of Environmental Education to DCR will elevate the program and enable it to more successfully achieve its mission

This move compliments other program realignments which aim to make the Department of Environmental Quality the one-stop-shop for regulatory environmental activities and the Department of Conservation and Recreation the agency for state parks, recreation and conservation issues.

This move was a recommendation of the Commission on Government Reform and Restructuring in 2011.

Municipal Separate Storm Sewer (MS4) permitting should be moved to the Department of Environmental Quality from the Department of Conservation and Recreation.

The Commission on Government Reform and Restructuring recommended consolidating all water quality permitting at the Department of Environmental Quality (DEQ) to create a one-stop-shop for water quality issues. Consolidating water quality permitting into a single agency will streamline and strengthen the process for obtaining these permits in Virginia. The first step in achieving this consolidation is moving the MS4 permits to DEQ. The administration will lead a review over the next year to evaluate moving the remaining water quality programs. The goals of this review would be to provide optimum service to citizens; provide continuity of approach to permits, compliance, and grant management; and strengthen coordination with federal mandates at the lowest cost. There are currently two agencies under the Secretary of Natural Resources that manage water quality issues, so customers and stakeholders in some instances must work with multiple agencies on a single project for water quality issues alone. Two separate agencies manage the Commonwealth’s Chesapeake Bay Watershed Implementation Plan resulting in duplication of efforts and inefficiencies.

This move was a recommendation of the Commission on Government Reform and Restructuring in 2011.

The Chippokes Plantation Farm Foundation should be merged into the Chippokes Plantation State Park and the Board of Trustees should be merged into the Board of Conservation and Recreation

The Chippokes Plantation Farm Foundation, which operates the Chippokes Plantation Farm and Forestry Museum, is a separate state agency and is overseen by a Board of Trustees. The Foundation operates within the boundaries of Chippokes Plantation State Park which is managed by the Department of Conservation and Recreation Division of State Parks. Consolidating this small agency and its farm and forestry museum into the state park will create efficiencies and savings.

The Chippokes Plantation Farm Foundation provides many of the same functions at Chippokes Plantation State Park as the park staff. It creates confusion for the public in terms of who has responsibilities for activities. DCR’s state parks system is recognized nationally as one of the nation’s best managed and most successful systems. This merger will enable this small agency to benefit from DCR and the state park system’s available resources and shared services rather than handling operational functions on its own. It will result in simplified planning and coordination and more efficient operations throughout the Park. The existing code requirements for the continuation and preservation of the model farm will remain in place.

For several years, the Foundation has had little fundraising actions taken aside from revenue tied to entrance fees (a share of the state park parking fee), gift shop proceeds, and other events. According to DCR, the Foundation has not historically raised any significant funds and this year any funds were negligible. The Board of Conservation and Recreation (BCR) has the same fundraising authorities as the Chippokes Plantation Farm Foundation, so the BCR can handle those duties upon elimination of the Foundation Board. No fundraising ability will be jeopardized by this action.

This merger was a recommendation of Governor Warner’s Commission on Efficiency and Effectiveness in 2002. This merger was a recommendation of the Commission on Government Reform and Restructuring in 2010 and 2011.

The Virginia Scenic River Board should be eliminated, and its duties to advise the Governor and the Director concerning the protection and management of the Virginia Scenic Rivers System should be absorbed by the Board of Conservation and Recreation.

The Virginia Scenic River Board has no regulatory authority and its only duties are to advise the Governor and Director on issues related to the Virginia Scenic Rivers System. These duties can be absorbed into the Board of Conservation and Recreation with the continued support of the Department of Conservation and Recreation staff.

The Boating Advisory Committee was dissolved during the Wilder Administration and has not been reconstituted since. There are no current appointees. The Department of Game and Inland Fisheries instead regularly works with the Virginia Safe Boating Alliance. This alliance is a non-governmental grass-roots organization which consists of 12 diverse boating interest groups who have worked successfully and closely with the Agency and legislators on issues of interest to the Commonwealth’s recreational boating public.

The Virginia Council on Indians should be eliminated and the Secretary of Natural Resources should develop an alternative mechanism for facilitating relations between the Commonwealth and her Indian Tribes.

The Virginia Council on Indians has faced a number of challenges in recent years that have left the council inoperable. The Council has been unable to conduct business in more than two years as many tribes have opted not to participate in the council any longer. The last time a Council meeting achieved a quorum was at its September of 2009 business meeting.

A majority of the tribes wrote letters to the Commission on Government Reform and Restructuring requesting that the Council be disbanded. They have suggested that the Virginia Council on Indians has outlived its usefulness and that it should be abolished.

This elimination was a recommendation of the Commission on Government Reform and Restructuring in 2011.

The Foundation for Virginia’s Natural Resources should be eliminated from the Code of Virginia. The Foundation has not been able to raise money to carry out its stated mission of assisting in developing and encouraging non-regulatory conservation programs, fostering collaboration between business communities and natural resources groups, promoting natural resource education and pollution prevention, encouraging volunteer monitoring of all natural resources, and developing goals and guidelines for grant applications to the trust. These goals are currently being carried out by state agencies, business organizations, schools and other citizen groups not identified in the Code of Virginia or appointed by the Governor.

This elimination was a recommendation of the Commission on Government Reform and Restructuring in 2010.

The adult education functions of the Department of Correctional Education should be merged into the Department of Corrections, and the juvenile education functions of the Department of Correctional Education should be made a part of the Department of Juvenile Justice. The Department of Correctional Education should then be eliminated.

The Department of Correctional Education serves two very distinct functions. The first is to provide adult and vocational education to inmates who are under the supervision of the Department of Corrections. The second is to serve as the local educational division equivalent for the youth who are detained at facilities run by the Department of Juvenile Justice. Because of the very distinct nature of these two responsibilities — providing adult education and providing juvenile education — there is little overlap between the two programs.

Merging the adult education functions of the Department of Correctional Education into the structural organization of the Department of Corrections and the juvenile education functions as a part of the Department of Juvenile Justice will increase program efficiencies and provides cost savings. Rather than a stand-alone agency with its own management and other infrastructure needs, these two important functions could be divisions under the Department of Corrections and the Department of Juvenile Justice. Additionally, this arrangement would allow for better collaboration and integration of educational programs with the other programs and services provided by the Department of Corrections and the Department of Juvenile Justice.

The Board of Correctional Education’s primary function is to oversee the operations of the Department of Correctional Education. With the Department merging into the Department of Corrections and the Department of Juvenile Justice (see above), the Board is no longer necessary.

The authority that the Board of Correctional Education currently holds should be transferred to the Board of Corrections and the Board of Juvenile Justice with the merger of the education functions.

The Virginia Juvenile Enterprise Committee reviews work program proposals for juveniles committed to the Department of Juvenile Justice. This authority is duplicative of authority granted to the Department of Juvenile Justice. The Juvenile Enterprise Committee is redundant and unnecessary. The Committee should be eliminated.

The responsibilities of the Governor’s Office of Substance Abuse Prevention should be transferred to the Department of Alcoholic Beverage Control, and the Governor’s Office of Substance Abuse Prevention should be eliminated.

The Code of Virginia states that it is ‘the responsibility of the Governor to administer the substance abuse prevention program within the Commonwealth.’ The program was designed to be the link between state and local law enforcement and substance abuse prevention efforts and was designed to administer federal grant funds that are no longer available. Dedicated staff are required to manage this program. It would be more appropriate to house it at an agency where the program can benefit from expertise and collaboration with other programs. In recent years, the primary objective of the Governor’s Office of Substance Abuse Prevention has been on alcohol abuse prevention. As such, the Department of Alcoholic Beverage Control is the appropriate agency to administer the Commonwealth’s substance abuse prevention program in conjunction with its other prevention programs.

The functions of the Board of Transportation Safety are already being performed by the Department of Motor Vehicles (DMV). The Board of Transportation Safety should be eliminated.

The Board of Transportation Safety is comprised of 12 members appointed by the Governor and has been established within the Virginia Department of Motor Vehicles. The Board may consider, study, and report on: the identification of the unique safety needs of each particular mode of transportation; the identification of the common elements of safe transportation operation, regardless of mode of transportation; the adoption of proven safety practices and technology in use in one mode to other modes of transportation; the identification of the common elements of accident situations; and the allocation of grant funds made available to the Department. These functions are primarily performed by DMV leadership and staff. An advisory board is not required. The Commission of Motor Vehicles can pull together advisory groups as needed to address particular instances and can do so based on the expertise required. This approach will allow DMV to better address transportation safety in the Commonwealth and will save taxpayer dollars.

The Secretary of Transportation recommended the elimination of the Board in 2011.

The Board for Towing and Recovery Operators is a supervisory Board and functions should be absorbed into the Virginia State Police (VSP) and Department of Motor Vehicles (DMV). This re-organization will include a transfer of regulations, enforcement, background checks, state and local lists of authorized towers and licensing of trucks and drivers.

This elimination was a recommendation of the Commission on Government Reform and Restructuring in 2011.

In the most recent annual audit, the Auditor of Public Accounts concluded that the Virginia War Memorial is a state agency. The annual audit also concluded that the relationship of the War Memorial to both the Commonwealth and the Virginia War Memorial Educational Foundation is poorly defined and does not serve the best interest of either the War Memorial or the Commonwealth. Finally, the annual audit noted that the Code of Virginia gives the War Memorial Board of Trustees certain specific duties and responsibilities and clearly states that the War Memorial is a part of the Executive Branch of government.

Section 2.2-2707 of the Code of Virginia requires that all accounts and records of the War Memorial be established by the Auditor of Public Accounts ‘in a manner similar to other organizations.’ The Auditor is also required to audit the accounts of the War Memorial annually. The General Assembly does not provide for direct state appropriations for the support of the War Memorial; however, a substantial amount of state support is provided by both the Departments of Veterans Services and General Services. Therefore, the War Memorial is indirectly receiving substantial monetary support from the Commonwealth. Finally, a 2010 informal opinion of the Attorney General concludes that the War Memorial is an agency of the Commonwealth.

Placing the War Memorial in the Department of Veterans Services is advisable because, at present, the War Memorial is an independent entity that is entirely governed by an independent policy Board of Trustees. Realignment will result in clarification that the War Memorial is an agency of the Commonwealth subject to the Governor’s direction as a part of the executive branch of government.

The only change affecting the War Memorial is that its operation would be under the direct supervision of the Commissioner of Veterans Services subject to the advice and recommendations of the Board of Trustees.

This is a recommendation of the Virginia War Memorial Foundation Board of Trustees by vote taken on September 16, 2011.”

§ 2.2-133. Effect on other laws, pending legal proceedings, and unexpended appropriations.

  1. A statute enacted, and a regulation or other action made, prescribed, issued, granted, or performed in respect of or by an agency or function affected by a reorganization under this chapter, before the effective date of the reorganization, has, except to the extent rescinded, modified, superseded, or made inapplicable by or under authority of law or by the abolition of a function, the same effect as if the reorganization had not been made. However, if the statute, regulation or other action has vested the functions in the agency from which it is removed under the reorganization plan, the function, insofar as it is to be exercised after the plan becomes effective, shall be deemed as vested in the agency under which the function is placed by the plan.
  2. For the purpose of subsection A,  “regulation or other action”  means a regulation, rule, order, policy, determination, directive, authorization, permit, privilege, requirement, designation, or other action.
  3. A suit, action, or other proceeding lawfully commenced by or against the head of an agency or other officer of the Commonwealth or member of a state board, council, commission or other collegial body, in his official capacity or in relation to the discharge of his official duties, shall not abate by reason of the taking effect of a reorganization plan under this chapter.
  4. The appropriations or portions of appropriations unexpended by reason of the operation of this chapter shall not be used for any purpose, but shall revert to the state treasury.

History. 1977, c. 505, § 2.1-8.8; 2001, c. 844.

Article 3. Gubernatorial Commissions.

§ 2.2-134. Authority to create gubernatorial commissions.

  1. The Governor may create gubernatorial commissions for purposes related to his authority and responsibility. These entities shall be referred to as “Commissions.”
  2. For the purpose of this chapter, “gubernatorial commission” includes any temporary study group, task force, blue ribbon panel or any similar collegial body created by the Governor.

History. 1984, c. 615, §§ 2.1-51.35, 2.1-51.36; 2001, c. 844.

§ 2.2-135. Limitations and requirements.

  1. Each gubernatorial commission shall be created by executive order. The executive order shall specify (i) the specific duties of the commission, (ii) the date of creation, (iii) the date of expiration, (iv) the sources from which staff support are to be provided and a reasonable estimate of the amount of staff support expected over the lifetime of the commission, (v) an estimate of the costs to be incurred, and (vi) the source of funding.
  2. Funding for gubernatorial commissions shall be provided only from funds (i) appropriated for the Governor’s discretionary use, (ii) appropriated for the purposes for which the task force was established, or (iii) contributed by the private sector for the purposes for which the task force was established. Staff support for gubernatorial commissions may be provided by agencies or institutions with related purposes.
  3. Gubernatorial commissions shall be created for a period not to exceed one year. Upon reevaluation, a commission may be extended one time by issuance of a new executive order for a period not to exceed one additional year. A commission shall not extend beyond the term of the Governor under whom it is created.
  4. The Governor shall make a report every six months to the Senate Committee on Finance and Appropriations and House Committee on Appropriations specifying for each gubernatorial commission the amount and costs of staff support provided and the sources of the staff support.

History. 1984, c. 615, § 2.1-51.37; 2001, c. 844.

Editor’s note.

The Virginia Code Commission authorized the substitution of “Senate Committee on Finance and Appropriations” for “Senate Committee on Finance” in subsection D. March 10, 2021.

Article 4. Security of Government Databases.

§§ 2.2-136 through 2.2-138. Repealed by Acts 2002, c. 247, effective July 1, 2002.

Cross references.

As to security of government databases, see now § 2.2-2009 .

Editor’s note.

Former §§ 2.2-136 through 2.2-138, relating to Security of Government Databases, were derived from Acts 2000, c. 961, §§ 2.1-563.42 through 2.1-563.44; 2001, c. 844.

Chapter 2. Governor’s Secretaries.

Article 1. General Provisions.

§ 2.2-200. Appointment of Governor’s Secretaries; general powers; severance.

  1. The Governor’s Secretaries 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. Each Secretary 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 is appointed and qualified. Before entering upon the discharge of duties, each Secretary shall take an oath to faithfully execute the duties of the office.
  2. Each Secretary shall be subject to direction and supervision by the Governor. Except as provided in Article 4 (§ 2.2-208 et seq.), the agencies assigned to each Secretary shall:
    1. Exercise their respective powers and duties in accordance with the general policy established by the Governor or by the Secretary acting on behalf of the Governor;
    2. Provide such assistance to the Governor or the Secretary as may be required; and
    3. Forward all reports to the Governor through the Secretary.
  3. Unless the Governor expressly reserves such power to himself and except as provided in Article 4 (§ 2.2-208 et seq.), each Secretary may:
    1. Resolve administrative, jurisdictional, operational, program, or policy conflicts between agencies or officials assigned;
    2. Direct the formulation of a comprehensive program budget for the functional area identified in § 2.2-1508 encompassing the services of agencies assigned for consideration by the Governor;
    3. Hold agency heads accountable for their administrative, fiscal and program actions in the conduct of the respective powers and duties of the agencies;
    4. Direct the development of goals, objectives, policies and plans that are necessary to the effective and efficient operation of government;
    5. Sign documents on behalf of the Governor that originate with agencies assigned to the Secretary; and
    6. Employ such personnel and to contract for such consulting services as may be required to perform the powers and duties conferred upon the Secretary by law or executive order.
  4. Severance benefits provided to any departing Secretary shall be publicly announced by the Governor prior to such departure.
  5. As used in this chapter, “Governor’s Secretaries” means the Secretary of Administration, the Secretary of Agriculture and Forestry, the Secretary of Commerce and Trade, the Secretary of Education, the Secretary of Finance, the Secretary of Health and Human Resources, the Secretary of Labor, the Secretary of Natural and Historic Resources, the Secretary of Public Safety and Homeland Security, the Secretary of Transportation, and the Secretary of Veterans and Defense Affairs.

History. 1972, c. 641, § 2.1-51.7; 1975, c. 390; 1976, cc. 729, 730, 732, 733, 734, 743, §§ 2.1-51.8:1, 2.1-51.13, 2.1-51.14, 2.1-51.16, 2.1-51.17, 2.1-51.26; 1984, c. 720, § 2.1-51.33; 1986, c. 492, § 2.1-51.39; 1998, c. 646; 1990, cc. 1, 317, §§ 2.1-51.41, 2.1-51.42; 1993, c. 699; 1996, cc. 500, 617; 1998, c. 793; 1999, cc. 412, 421, 433, §§ 2.1-51.44, 2.1-51.45; 2000, c. 937; 2001, c. 844; 2004, cc. 940, 963; 2006, c. 254; 2011, cc. 780, 858; 2014, cc. 115, 490; 2020, c. 738; 2021, Sp. Sess. I, cc. 401, 453.

Editor’s note.

The amendments to this section by Acts 2004, cc. 940 and 963 are effective no later than the beginning of the term of the Governor elected November 8, 2005. However, if funding for the position and expenses of the Secretary of Agriculture and Forestry is included in the 2004 Appropriation Act, the amendments shall become effective on the date set out in that act. The funding was provided in the 2004 appropriation act. See Acts 2004, Sp. Sess. 1, c. 4, Item 94.10. The provisions of Acts 2004, cc. 940 and 963, became effective July 1, 2004.

Acts 2004, cc. 940 and 963, cl. 2 provides: “That except as provided in the third enactment of this act, the provisions of this act shall become effective no later than the beginning of the term of the Governor elected November 8, 2005.”

Acts 2004, cc. 940 and 963, cl. 3 provides: “That if funding for the position and expenses of the Secretary of Agriculture and Forestry created by this act is included in the 2004 Appropriation Act passed by the General Assembly, the provisions of this act shall become effective beginning on the date set out in the appropriation act.”

Acts 2015, c. 473, cl. 1 provides: Ҥ 1. The Secretaries of Administration, Finance, and Technology shall jointly establish a work group to provide the public, the Chairmen of each standing committee of the General Assembly or their designees, and a designated staff member of the House Committee on Appropriations and the Senate Committee on Finance with access to data and information pertaining to the operation of state agencies within the subject matter jurisdiction of each standing committee. Access shall be by electronic means to the extent possible, as determined by the work group, taking into account security and privacy restrictions. Where it is not currently feasible to provide such access by electronic means due to the costs or technological considerations, the provision of such data or documentation may be made available by hard copy, provided, however, that in the latter case, the work group shall prepare written documentation on alternative approaches and costs to modify systems so that relevant data may be accessed in an electronic fashion on an ongoing basis, if desired.

“Such electronic access shall include the following data and information:

“1. Any agency mission statement;

“2. The current agency budget;

“3. The total number of full-time and part-time employees at the agency;

“4. The current cash balance of the agency;

“5. All sources of state or federal funding received by the agency, preferably over the immediately preceding five years, and the amount thereof;

“6. Any grant awarded by the agency and the amount thereof; and

“7. Any contracts in excess of $10,000 awarded by the agency and the cost thereof.

“§ 2. The Secretaries of Administration, Finance, and Technology shall ensure that the work group makes substantial progress toward accessing the information and data required by § 1 on or before November 1, 2015, and identify possible future steps to further facilitate electronic access to such data.”

Effective date.

This title became effective October 1, 2001.

The 2004 amendments.

The 2004 amendments by cc. 940 and 963 are identical, and inserted “the Secretary of Agriculture and Forestry” in subsection D.

The 2006 amendments.

The 2006 amendment by c. 254 inserted present subsection D; and redesignated former subsection D as subsection E.

The 2011 amendments.

The 2011 amendments by cc. 780 and 858, effective April 6, 2011, are identical and added “and the Secretary of Veterans Affairs and Homeland Security” in subsection E and made a related change.

The 2014 amendments.

The 2014 amendments by c. 115, effective March 3, 2014, and c. 490, effective April 2, 2014, are identical, and in subsections B and C substituted “Article 4” for “Article 5” and deleted “of this chapter” following “(§ 2.2-208 et seq.)”; and in subsection E substituted “Secretary of Public Safety and Homeland Security” for “Secretary of Public Safety” and “Secretary of Veterans and Defense Affairs” for “Secretary of Veterans Affairs and Homeland Security.”

The 2020 amendments.

The 2020 amendment by c. 738, deleted “the Secretary of Technology” preceding “the Secretary of Transportation” in subsection E.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 401, effective July 1, 2021, inserted “and Historic” in subsection E.

The 2021 amendment by Sp. Sess. I, c. 453, effective July 1, 2021, inserted “the Secretary of Labor” in subsection E.

OPINIONS OF THE ATTORNEY GENERAL

Role of Governor. —

The Governor, having supervisory authority over the Secretary of Transportation under subsection B of § 2.2-200 , may provide appropriate coordination and guidance as the Secretary of Transportation exercises his authority under subdivision 2 of § 56-573.1 [see now § 33.2-1819 ] to determine whether to give final approval before the responsible public entity signs a comprehensive agreement. See opinion of Attorney General to The Honorable Frank W. Wagner, Member, Senate of Virginia; The Honorable Barry D. Knight, Member, House of Delegates; The Honorable Jeffrey L. McWaters, Member, Senate of Virginia; The Honorable Christopher P. Stolle, M.D., Member, House of Delegates; The Honorable Ralph S. Northam, M.D., Member, Senate of Virginia, 12-078, (10/3/2012).

§ 2.2-201. Secretaries; general; compensation.

  1. Each Secretary shall be considered an extension of the Governor in the management coordination and cohesive direction of the executive branch of state government ensuring that the laws are faithfully executed.
  2. Each Secretary shall be paid the compensation fixed by law.

History. 1972, c. 641, § 2.1-51.10; 1984, c. 720, § 2.1-51.10:1; 2001, c. 844.

§ 2.2-202. Payment of expenses of office.

The expenses of the offices of the Governor’s Secretaries shall be paid from funds provided for the purpose by law; however, in addition, the Governor may supplement such funds from appropriations made to his office for the executive control of the Commonwealth or for discretionary purposes.

History. 1972, c. 641, § 2.1-51.12; 2001, c. 844.

Article 2. Secretary of Administration.

§ 2.2-203. Position established; agencies for which responsible.

The position of Secretary of Administration (the Secretary) is created. The Secretary shall be responsible to the Governor for the following agencies and boards: Department of Human Resource Management, Information Technology Advisory Council, Department of General Services, Compensation Board, Secretary of the Commonwealth, Virginia Information Technologies Agency, Virginia Geographic Information Network Advisory Board, and 9-1-1 Services Board. The Governor may, by executive order, assign any other state executive agency to the Secretary, or reassign any agency listed above to another Secretary.

History. 1976, c. 743, §§ 2.1-51.25, 2.1-51.27; 1978, c. 84; 1980, c. 620; 1981, c. 315; 1984, cc. 720, 746; 1985, c. 447; 1988, cc. 424, 839; 1993, c. 542; 1994, cc. 4, 85; 1995, c. 837; 1997, c. 858; 1999, cc. 412, 421, 433; 2000, cc. 66, 657, 947, 1006; 2001, c. 844; 2002, c. 572; 2003, cc. 197, 657, 670, 884; 2006, c. 150; 2008, cc. 387, 689; 2012, cc. 803, 835; 2020, c. 738.

The 2002 amendments.

The 2002 amendment by c. 572 deleted “Department for the Rights of Virginians with Disabilitites” preceding “Compensation.”

The 2003 amendments.

The 2003 amendment by c. 197 deleted “Commission on Local Government” in the second sentence.

The 2003 amendments by cc. 657 and 670 are identical, and substituted “Department of Veterans Services, Virginia Veterans Services Foundation” for “Department of Veterans’ Affairs, Virginia Veterans Care Center Board of Trustees” in the second sentence.

The 2003 amendment by c. 884 substituted “Department of Charitable Gaming” for “Charitable Gaming Commission.”

The 2006 amendments.

The 2006 amendment by c. 150 deleted “Department of Veterans Services, Virginia Veterans Services Foundation” preceding “Department of Charitable Gaming” in the second sentence.

The 2008 amendments.

The 2008 amendments by cc. 387 and 689 are identical, and deleted “Department of Charitable Gaming” following “Department of Employment Dispute Resolution” in the first sentence.

The 2012 amendments.

The 2012 amendments by cc. 803 and 835, cl. 8, are identical, and deleted “Department of Employment Dispute Resolution” following “Secretary of the Commonwealth” in the second sentence. Clause 57 also amended this section by deleting “and Virginia Public Broadcasting Board” from the end of the second sentence and making a related change.

The 2020 amendments.

The 2020 amendment by c. 738, in the second sentence, inserted “Information Technology Advisory Council,” added “Virginia Information Technologies Agency, Virginia Geographic Information Network Advisory Board, and 9-1-1 Services Board” and made stylistic changes.

§ 2.2-203.1. Secretary to establish telecommuting policy; duties.

  1. The Secretary shall establish a comprehensive statewide telecommuting and alternative work schedule policy under which eligible employees of state agencies, as determined by state agencies, may telecommute or participate in alternative work schedules, and the Secretary shall periodically update such policy as necessary.
  2. The telecommuting and alternative work schedule policy described in subsection A shall include, but not be limited to, model guidelines, rules and procedures for telecommuting and participation in alternative work schedules, and identification of the broad categories of positions determined to be ineligible to participate in telecommuting and the justification for such a determination. Such policy may also include an incentive program, to be established and administered by the Department of Human Resource Management, that may encourage state employees to telecommute or participate in alternative work schedules and that may encourage the state agencies’ management personnel to promote telecommuting and alternative work schedules for eligible employees.
  3. The Secretary shall have the following duties related to promoting the telecommuting and alternative work schedule:
    1. Promote and encourage use of telework alternatives for public and private employees, including but not limited to appropriate policy and legislative initiatives. Upon request, the Secretary may advise and assist private-sector employers in the Commonwealth in planning, developing, and administering programs, projects, plans, policies, and other activities for telecommuting by private-sector employees and in developing incentives provided by the private sector to encourage private sector employers in the Commonwealth to utilize employee telecommuting.
    2. Advise and assist state agencies and, upon request of the localities, advise and assist localities in planning, developing, and administering programs, projects, plans, policies, and other activities to promote telecommuting by employees of state agencies or localities.
    3. Coordinate activities regarding telework with, and regularly report to, a panel consisting of the Secretaries of Commerce and Trade, Finance, and Transportation. The Secretary of Administration shall serve as chair of the panel. Additional members may be designated by the Governor. Staff support for the panel shall be provided by the offices of the Secretaries of Administration and Transportation, and the Governor shall designate additional agencies to provide staff support as necessary.
    4. Report annually to the General Assembly on telework participation levels and trends of both private and public-sector employees in the Commonwealth.

History. 2001, c. 405, § 2.1-51.31:1; 2004, cc. 701, 755; 2005, c. 421; 2009, c. 86; 2020, c. 738.

Editor’s note.

Acts 2001, c. 405 enacted § 2.1-51.31:1, from which this section is derived. Pursuant to § 30-152, Acts 2001, c. 405 has been given effect in this section as set out above.

At the direction of the Virginia Code Commission, “Department of Human Resource Management” was substituted for “Department of Human Resources Management.”

The 2004 amendments.

The 2004 amendments by cc. 701 and 755 are identical, and in subsections A and B, inserted “and alternative work schedule” and “or participate in alternative work schedules”; and in subsection B, inserted “and participation in alternative work schedules” and “and alternative work schedules for eligible employees.”

The 2005 amendments.

The 2005 amendment by c. 421 inserted “and identification of the broad categories of positions determined to be ineligible to participate in telecommuting and the justification of such a determination” at the end of the first sentence in subsection B.

The 2009 amendments.

The 2009 amendment by c. 86 deleted “and in consultation with the Council on Technology Services” following “Secretary of Technology” in subsection A.

The 2020 amendments.

The 2020 amendment by c. 738 deleted “in cooperation with the Secretary of Technology” following “The Secretary” in subsection A; added subsection C and made stylistic changes.

§ 2.2-203.2. Repealed by Acts 2009, c. 180, cl. 2.

Editor’s note.

Former § 2.2-203.2 , relating to authority of duties of Secretary to advise and assist public and private sectors regarding telecommuting and reporting to the General Assembly, was derived from Acts 2001, c. 405, § 2.1-51.31:2.

§ 2.2-203.2:1. Secretary to report state job elimination due to privatization.

On or before November 30 of each year, the Secretary shall report to the Governor and the General Assembly on the number of state jobs eliminated in the immediately preceding fiscal year due to the privatization of commercial activities to a commercial source.

As used in this section, unless the context requires a different meaning:

“Commercial activities” means an activity performed by or for state government that is not an inherently governmental activity and that may feasibly be obtained from a commercial source at lower cost than the activity being performed by state employees.

“Commercial source” means any business or other concern that is eligible for a contract award in accordance with the Virginia Public Procurement Act (§ 2.2-4300 et seq.).

History. 2005, c. 476; 2012, cc. 803, 835.

The 2012 amendments.

The 2012 amendments by cc. 803 and 835, cl. 1, are identical, and substituted “unless the context requires a different meaning” for “‘commercial activities’ and ‘commercial source’ shall mean the same as those terms are defined in § 2.2-2620 ” in the second paragraph; and added the last two paragraphs.

§ 2.2-203.2:2. Promotion of alternative dispute resolution procedures.

The Secretary may convene ad hoc working groups to promote alternative dispute resolution procedures.

History. 2012, cc. 803, 835.

Editor’s note.

Acts 2012, cc. 803 and 835, cl. 8, enacted this section.

§ 2.2-203.2:3. Policy of the Commonwealth regarding the employment of individuals with disabilities; responsibilities of state agencies; report.

  1. As used in this section, “state agency” means any agency, institution, board, bureau, commission, council, or instrumentality of state government in the executive branch.
  2. It shall be the policy of the Commonwealth to promote and increase the employment of individuals with disabilities directly employed at all levels and occupations by state agencies, institutions, boards, and authorities of the Commonwealth. To assist in achieving this policy, it shall be the goal of the Commonwealth to increase by five percent the level of employment of individuals with disabilities by the state by fiscal year 2023. The Secretary shall coordinate and lead efforts to achieve the goals of the Commonwealth established by this section.
  3. To further this goal, the Commonwealth shall:
    1. Use available hiring authorities, consistent with statutes, regulations, and prior executive orders;
    2. Increase efforts to accommodate individuals with disabilities within state government employment by increasing the retention and return to work of individuals with disabilities;
    3. Expand existing efforts for the recruitment, accommodation, retention, and advancement of individuals with disabilities for positions available in state government;
    4. Designate senior-level staff within each state agency to be responsible for increasing the employment of individuals with disabilities within the state agency; and
    5. Require state agencies to prepare a plan to increase employment opportunities at the agencies for individuals with disabilities.
  4. Each state agency shall submit a plan to increase employment opportunities for individuals with disabilities to the Secretary no later than December 31, 2017, and each July 1 thereafter. The Secretary shall (i) establish guidelines regarding the development and content of state agency plans and (ii) establish a reporting system for tracking and reporting the progress of state agencies toward meeting the employment goals of the Commonwealth established by this section.
  5. All state agencies shall examine existing policies relating to the employment of individuals with disabilities, including a review of recruitment efforts, interviewing criteria, testing procedures, and resources to accommodate applicants and workers with disabilities.
  6. Nothing in this section shall be construed to require (i) the creation of new positions or the changing of existing qualification standards for any position or (ii) any state employee or applicant for state employment to disclose his disability status involuntarily.
  7. The Secretary, in collaboration with the Department of Human Resource Management, shall develop an annual report on the number of individuals with disabilities directly employed by the state agencies. The information shall be included in the annual demographic report of the Department of Human Resource Management.
  8. The Secretary shall report on the progress of state agencies toward meeting the employment goals of the Commonwealth to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations by September 1 of each year.

History. 2017, cc. 358, 371; 2020, c. 50.

Cross references.

As to reports on status of alternative application for employment for persons with a disability, see § 2.2-1213 .

The 2020 amendments.

The 2020 amendment by c. 50 substituted “September 1” for “July 1” in subsection H.

§ 2.2-203.2:4. (Effective until July 1, 2023) Office of Data Governance and Analytics; Chief Data Officer; creation; report.

  1. As used in this section, unless the context requires a different meaning:“Board” means the Executive Data Board.“CDO” means the Chief Data Officer of the Commonwealth.“Commonwealth Data Trust” means a secure, multi-stakeholder data exchange and analytics platform with common rules for data security, privacy, and confidentiality. The Commonwealth Data Trust shall include data from state, regional, and local governments, from public institutions of higher education, and from any other sources deemed necessary and appropriate.“Council” means the Data Governance Council.“Group” means the Data Stewards Group.“Office” means the Office of Data Governance and Analytics.“Open data” means data that is collected by an agency that is not prohibited from being made available to the public by applicable laws or regulations or other restrictions, requirements, or rights associated with such data.
  2. There is created in the Office of the Secretary of Administration the Office of Data Governance and Analytics to foster and oversee the effective sharing of data among state, regional, and local public entities and public institutions of higher education, implement effective data governance strategies to maintain data integrity and security, and promote access to Commonwealth data. The purpose of the Office shall be to (i) improve compliance with the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.); (ii) increase access to and sharing of Commonwealth data, including open data, between state, regional and local public entities and public institutions of higher education across all levels of government; (iii) Increase the use of data and data analytics to improve the efficiency and efficacy of government services and improve stakeholder outcomes; and (iv) establish the Commonwealth as a national leader in data-driven policy, evidence-based decision making, and outcome-based performance management.
  3. The Office shall have the following powers and duties:
    1. To support the collection, dissemination, analysis, and proper use of data by state agencies and public entities as defined in the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.);
    2. To facilitate and guide data-sharing efforts between state, regional, and local public entities and public institutions of higher education;
    3. To develop innovative data analysis and intelligence methodologies and best practices to promote data-driven policy making, decision making, research, and analysis;
    4. To manage and administer the Commonwealth Data Trust;
    5. To assist the Chief Data Officer and the Chief Information Officer of the Commonwealth in the development of a comprehensive six-year Commonwealth strategic plan for information technology;
    6. In cooperation with the Chief Information Officer of the Commonwealth, to provide technical assistance to state agencies, local governments, and regional entities to establish and promote data sharing and analytics projects including data storage, data security, privacy, compliance with federal law, the de-identification of data for research purposes, and the appropriate access to and presentation of open data and datasets to the public;
    7. To develop measures and targets related to the performance of the Commonwealth’s data governance, sharing, analytics, and intelligence program;
    8. To undertake, identify, coordinate, and oversee studies linking government services to stakeholder outcomes;
    9. To implement a website dedicated to (i) hosting open data from state, regional, and local public entities and public institutions of higher education and (ii) providing links to any other additional open data websites in the Commonwealth;
    10. To provide staff and operational support to the Virginia Data Commission, Executive Data Board, Data Governance Council, and Data Stewards Group;
    11. To apply for and accept grants from the United States government and agencies and instrumentalities thereof and any other source. To those ends, the Office shall have the power to comply with such conditions and execute such agreements as may be necessary or desirable;
    12. To solicit, receive, and consider proposals for funding projects or initiatives from any state or federal agency, local or regional government, public institution of higher education, nonprofit organization, or private person or corporation;
    13. To enter into public-private partnerships and agreements with public institutions of higher education in the Commonwealth to conduct data sharing and analytics projects;
    14. To solicit and accept funds, goods, and in-kind services that are part of any accepted project proposal;
    15. To establish ad hoc committees or project teams to investigate related technology or technical issues and provide results and recommendations for Office action; and
    16. To establish such bureaus, sections, or units as the Office deems appropriate to carry out its goals and responsibilities.
  4. There is created in the Office of the Secretary of Administration the position of Chief Data Officer of the Commonwealth to oversee the operation of the Office. The CDO shall exercise and perform the duties conferred or imposed upon him by law and perform such other duties as may be required by the Governor and the Secretary of Administration. The CDO shall not be considered the custodian of any public records in or derived from the Commonwealth Data Trust. The CDO shall:
    1. Establish business rules, guidelines, and best practices for the use of data, including open data, in the Commonwealth. Such rules, guidelines, and best practices shall address, at a minimum, (i) the sharing of data between state, regional, and local public entities and public institutions of higher education, and, when appropriate, private entities; (ii) data storage; (iii) data security; (iv) privacy; (v) compliance with federal law; (vi) the de-identification of data for research purposes; and (vii) the appropriate access to and presentation of open data and datasets to the public;
    2. Assist state, regional, and local public entities, public institutions of higher education, and employees thereof, with the application of the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et. seq.) and understanding the applicability of federal laws governing privacy and access to data to the data sharing practices of the Commonwealth;
    3. Assist the Chief Information Officer of the Commonwealth with matters related to the creation, storage, and dissemination of data upon request;
    4. Encourage and coordinate efforts of state, regional, and local public entities and public institutions of higher education to access and share data, including open data, across all levels of government in an effort to improve the efficiency and efficacy of services, improve outcomes, and promote data-driven policy making, decision making, research, and analysis;
    5. Oversee the implementation of a website dedicated to (i) hosting open data from state, regional, and local public entities and public institutions of higher education and (ii) providing links to any other additional open data websites in the Commonwealth;
    6. Enter into contracts for the purpose of carrying out the provisions of this section;
    7. Rent office space and procure equipment, goods, and services necessary to carry out the provisions of this section; and
    8. Report on the activities of the Office, the Commonwealth Data Trust, and the Virginia Data Commission established pursuant to Article 13 (§ 2.2-2558 et seq.) of Chapter 25 annually by December 1 to the Governor and the General Assembly.
  5. The Commonwealth Data Trust shall be governed by a multi-level governance structure as follows:
    1. The Executive Data Board shall consist of the directors or chief executives, or their designees, of executive branch agencies engaged in data sharing and analytics projects with the Commonwealth Data Trust. The CDO shall chair the Board. Members of the Board shall (i) translate the Commonwealth’s data-driven policy goals and objectives into performance targets at their respective agencies; (ii) allocate appropriate resources at their respective agencies to support data governance, sharing, and analytics initiatives; and (iii) provide any reports to the Office regarding their respective agencies’ data analytics work and implementation of recommendations.
    2. The Data Governance Council shall consist of employees of the agencies represented on the Board, selected by the Board members from their respective agencies. The CDO, or his designee, shall chair the Council. The Council shall (i) liaise between state agency operations and the CDO; (ii) advise the CDO on data technology, policy, and governance structure; (iii) administer data governance policies, standards, and best practices, as set by the Board; (iv) oversee data sharing and analytics projects; (v) review open data assets prior to publication; (vi) provide to the Board any reports on the Council’s recommendations and work as required by the Board; (vii) develop necessary privacy and ethical standards and policies for Commonwealth Data Trust resources; (viii) monitor the sharing of Commonwealth Data Trust member-contributed data resources; (ix) review and approve new Commonwealth Data Trust-managed data resources; and (x) conduct any other business the CDO deems necessary for Commonwealth Data Trust governance.
    3. The Data Stewards Group shall consist of employees from executive branch agencies with technical experience in data management or data analytics. Executive branch agencies shall be encouraged to designate at least one agency data steward to serve on the Group and may designate multiple data stewards as appropriate based upon organizational or data system responsibilities. The Group shall (i) provide the Board and Council with technical subject matter expertise in support of data policies, standards, and best practices; (ii) implement data sharing and analytics projects promoting data accessibility, sharing, and reuse, thereby reducing redundancy across the Commonwealth; (iii) coordinate and resolve technical stewardship issues for standardized data; (iv) ensure data quality processes and standards are implemented consistently by agencies in the Commonwealth; (v) provide communication and education to data users on the appropriate use, sharing, and protection of the Commonwealth’s data assets; (vi) promote the collection and sharing of metadata by registering data assets in the Virginia Data Catalog; (vii) liaise with agency project managers and information technology investment staff to ensure adherence to Commonwealth data standards and data sharing requirements; and (viii) support informed, data-driven decision making through compliance with Commonwealth data policies, standards, and best practices.
  6. In carrying out the provisions of this section, the Office shall coordinate and collaborate with, to the fullest extent authorized by federal law and notwithstanding any state law to the contrary, all agencies set forth in subsection A of § 2.2-212 and subsection A of § 2.2-221 ; any other state, regional, and local public bodies, including community services boards; local law-enforcement agencies; any health and human services-related entity of a political subdivision that receives state funds; public institutions of higher education; and, when appropriate, private entities.
  7. The Office shall be considered an agent of any state agency in the executive branch of government that shares information or data with the office, and shall be an authorized recipient of information under any statutory or administrative law governing the information or data. Interagency data shared pursuant to this section shall not constitute a disclosure or release of information or data under any statutory or administrative law governing the information or data.

History. 2018, c. 679; 2021, Sp. Sess. I, c. 314.

Section set out twice.

The section above is effective until July 1, 2023. For the version of this section effective July 1, 2023, see the following section, also numbered § 2.2-203.2:4 .

Editor’s note.

Acts 2018, c. 679, cl. 2 provides: “That a Data Sharing and Analytics Advisory Committee (the Advisory Committee) is hereby created to advise the Chief Data Officer of the Commonwealth in the establishment of the initial business rules, guidelines, and best practices required pursuant to § 2.2-203.2:4 of the Code of Virginia, as created by this act. The Advisory Committee shall have a total membership of 17 as follows: three members of the House of Delegates, to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; two members of the Senate, to be appointed by the Senate Committee on Rules; one representative of a public institution of higher education in the Commonwealth with expertise in data analytics and governance, to be appointed by the Governor; one nonlegislative citizen member with an expertise in data security, to be appointed by the Governor; the Attorney General of the Commonwealth or his designee; the director of the Virginia Municipal League or his designee; the director of the Virginia Association of Counties or his designee; a representative of a regional technology council, to be appointed by the Governor; an employee of the State Council of Higher Education for Virginia (SCHEV) with expertise in data sharing, to be appointed by the director of SCHEV; the Chief Workforce Advisor to the Governor; and the Secretaries of Administration, Commerce and Trade, Health and Human Resources, and Public Safety and Homeland Security. Nonlegislative citizen members of the Advisory Committee shall be citizens of the Commonwealth. Members shall serve without compensation. The Advisory Committee shall recommend to the Governor and the General Assembly, no later than October 1, 2018, a permanent governance structure for data sharing and analytics in the Commonwealth.”

Acts 2018, c. 679, cl. 3 provides: “That the provisions of the second enactment of this act shall expire on June 30, 2019.”

Acts 2018, c. 679, cl. 4 provides: “That the Chief Data Officer of the Commonwealth, in cooperation with the Data Sharing and Analytics Advisory Committee, shall focus his initial efforts on developing a project for the sharing, analysis, and dissemination among and between state, regional, and local agencies of data related to substance abuse, with a focus on opioid addiction, abuse, and overdose. To the fullest extent allowed by federal law, and notwithstanding any state law to the contrary, all agencies set forth in subsection A of § 2.2-212 and subsection A of § 2.2-221 of the Code of Virginia, any community services board, any local law-enforcement agency, and any other health and human services-related entity of a political subdivision that receives any state funds shall share data relevant to the prevention or treatment of substance abuse, with a focus on prevention and treatment of opioid addiction, abuse, and overdose. Such entities shall share data with the Chief Data Officer and directly with other entities listed herein when appropriate. The Chief Data Officer may also request data and information from any private source deemed relevant to the analysis and shall be encouraged to enter into public-private partnerships and enter into agreements with public institutions of higher education in the Commonwealth to conduct data analytics related to the project. The Chief Data Officer shall report to the Governor and the General Assembly no later than October 1, 2019, regarding the project. Such report shall include, at a minimum, the identification of the categories and sources of information provided for the project; areas of improved service delivery resulting from the sharing of data; trends or metrics relevant to the prevention and treatment of substance abuse, with a focus on opioid addiction, abuse, and overdose, that have emerged from the sharing and analysis of the data; cost savings and efficiencies that have been identified or achieved through improved service identification and delivery; any legal or policy hindrances preventing the sharing of data; and any policy recommendations regarding substance abuse treatment and prevention, with a focus on opioid addiction, abuse, or overdose, or regarding data sharing generally identified as the result of the project.”

Acts 2021, Sp. Sess. I, c. 314, cl. 3 provides: “That the provisions of this act amending § 2.2-203.2:4 of the Code of Virginia shall expire on July 1, 2023.”

Acts 2021, Sp. Sess. I, c. 314, cl. 4 provides: “That the Virginia Data Advisory Commission (the Commission) established by this act shall, in addition to any other powers and duties, review and evaluate the structure and organization of the Office of Data Governance and Analytics (the Office). Such review and evaluation shall include (i) a review of the long-term funding of the Office and the development of recommendations, if necessary, for a financing or fee structure for services provided by the Office and (ii) the development of recommendations for the permanent structure for such Office including a recommendation as to the appropriate place for the Office within the executive branch of government. The Commission shall report its findings and recommendations to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations no later than November 1, 2022.”

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 314, effective July 1, 2021, rewrote subsections A and B; added subsection C, and redesignated former subsection C as subsection D; in subsection D, rewrote the introductory language, added subdivisions C 6 through C 8, and made stylistic changes; and added subsections E through G. For expiration date of amendment, see Editor’s note.

§ 2.2-203.2:4. (Effective July 1, 2023) Chief Data Officer; position created.

  1. As used in this section, “open data” means data that is collected by an agency that is not prohibited from being made available to the public by applicable laws or regulations or other restrictions, requirements, or rights associated with such data.
  2. There is created in the Office of the Secretary of Administration the position of Chief Data Officer of the Commonwealth to coordinate and oversee the effective sharing of data among state, regional, and local public entities and public institutions of higher education and to implement effective data governance strategies to maintain data integrity and security and promote access to open data.
  3. The Chief Data Officer shall:
    1. Establish business rules, guidelines, and best practices for the use of data, including open data, in the Commonwealth. Such rules, guidelines, and best practices shall address, at a minimum, (i) the sharing of data between state, regional, and local public entities and public institutions of higher education, and, when appropriate, private entities; (ii) data storage; (iii) data security; (iv) privacy; (v) compliance with federal law; (vi) the de-identification of data for research purposes; and (vii) the appropriate access to and presentation of open data and datasets to the public;
    2. Assist state, regional, and local public entities, public institutions of higher education, and employees thereof, with the application of the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et. seq.) and understanding the applicability of federal laws governing privacy and access to data to the data sharing practices of the Commonwealth;
    3. Assist the Chief Information Officer of the Commonwealth with matters related to the creation, storage, and dissemination of data upon request;
    4. Encourage and coordinate efforts of state, regional, and local public entities and public institutions of higher education to access and share data, including open data, across all levels of government in an effort to improve the efficiency and efficacy of services, improve outcomes, and promote data-driven policy making, decision making, research, and analysis; and
    5. Oversee the implementation of a website dedicated to (i) hosting open data from state, regional, and local public entities and public institutions of higher education and (ii) providing links to any other additional open data websites in the Commonwealth.

History. 2018, c. 679; 2021, Sp. Sess. I, c. 314.

Section set out twice.

The section above is effective July 1, 2023. For the version of this section effective until July 1, 2023, see the preceding section, also numbered § 2.2-203.2:4 .

§ 2.2-203.2:5. Additional duties of the Secretary; technology programs.

Unless the Governor expressly reserves such power to himself, the Secretary may, with regard to strategy development, planning, and budgeting for technology programs in the Commonwealth:

  1. Continuously monitor and analyze the technology investments and strategic initiatives of other states to ensure that the Commonwealth remains competitive.
  2. Designate specific projects as enterprise information technology projects, prioritize the implementation of enterprise information technology projects, and establish enterprise oversight committees to provide ongoing oversight for enterprise information technology projects. At the discretion of the Governor, the Secretary shall designate a state agency or public institution of higher education as the business sponsor responsible for implementing an enterprise information technology project and shall define the responsibilities of lead agencies that implement enterprise information technology projects. For purposes of this subdivision, “enterprise” means an organization with common or unifying business interests. An enterprise may be defined at the Commonwealth level or Secretariat level for programs and project integration within the Commonwealth, Secretariats, or multiple agencies.
  3. Establish Internal Agency Oversight Committees and Secretariat Oversight Committees as necessary and in accordance with § 2.2-2021 .
  4. Review and approve the Commonwealth strategic plan for information technology, as developed and recommended by the Chief Information Officer pursuant to subdivision A 3 of § 2.2-2007.1 .
  5. Communicate regularly with the Governor and other Secretaries regarding issues related to the provision of information technology services in the Commonwealth, statewide technology initiatives, and investments and other efforts needed to achieve the Commonwealth’s information technology strategic goals.

History. 2020, c. 738.

Article 2.1. Secretary of Agriculture and Forestry.

§ 2.2-203.3. Position established; agencies for which responsible; additional duties.

The position of Secretary of Agriculture and Forestry (the Secretary) is created. The Secretary shall be responsible to the Governor for the following agencies: Department of Forestry, Department of Agriculture and Consumer Services, Virginia Agricultural Council, and Virginia Racing Commission. The Governor, by executive order, may assign any state executive agency to the Secretary, or reassign any agency listed in this section to another Secretary.

History. 2004, cc. 940, 963; 2008, c. 860; 2014, c. 432.

Editor’s note.

The enactment of this section by Acts 2004, cc. 940 and 963 is effective no later than the beginning of the term of the Governor elected November 8, 2005. However, if funding for the position and expenses of the Secretary of Agriculture and Forestry is included in the 2004 Appropriation Act, the enactments shall become effective on the date set out in that act. The funding was provided in the 2004 appropriation act. See Acts 2004, Sp. Sess. 1, c. 4, Item 94.10. The provisions of Acts 2004, cc. 940 and 963, became effective July 1, 2004.

Acts 2004, cc. 940 and 963, cl. 2 provides: “That except as provided in the third enactment of this act, the provisions of this act shall become effective no later than the beginning of the term of the Governor elected November 8, 2005.”

Acts 2004, cc. 940 and 963, cl. 3 provides: “That if funding for the position and expenses of the Secretary of Agriculture and Forestry created by this act is included in the 2004 Appropriation Act passed by the General Assembly, the provisions of this act shall become effective beginning on the date set out in the appropriation act.”

Acts 2016, c. 749, cl. 8 provides: “That the Secretary of Agriculture and Forestry shall provide to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance, by November 1, 2017, recommendations regarding the structure and duties of and staff support for the Virginia International Trade Corporation, as created by this act, that would enhance and accelerate export marketing services performed by the Virginia Department of Agriculture and Consumer Services, with consideration given to the possible transfer of such export marketing services into the Virginia International Trade Corporation.”

Acts 2020, cc. 1285 and 1286, cl. 2 provides: “That the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security shall convene a work group to study the impact on the Commonwealth of legalizing the sale and personal use of marijuana. The work group shall consult with the Attorney General of Virginia, the Commissioner of the Department of Taxation, the Commissioner of the Department of Motor Vehicles, the Commissioner of the Virginia Department of Agriculture and Consumer Services, the Executive Director of the Board of Pharmacy, the Director for the Center for Urban and Regional Analysis at the Virginia Commonwealth University L. Douglas Wilder School of Government and Public Affairs, the Virginia State Crime Commission, the Virginia Association of Commonwealth’s Attorneys, the Executive Director of Virginia NORML, a representative of the Virginia Alcoholic Beverage Control Authority, a representative of a current manufacturer of medical cannabis in Virginia, a medical professional, a member of a historically disadvantaged community, a representative of a substance abuse organization, and a representative of a community services board. In conducting its study, the work group shall review the legal and regulatory frameworks that have been established in states that have legalized the sale and personal use of marijuana and shall examine the feasibility of legalizing the sale and personal use of marijuana, the potential revenue impact of legalization on the Commonwealth, the legal and regulatory framework necessary to successfully implement legalization in the Commonwealth, and the health effects of marijuana use. The work group shall complete its work and report its recommendations to the General Assembly and the Governor by November 30, 2020.”

Acts 2021, Sp. Sess. I, c. 504, cl. 1 provides:

Ҥ 1 A. The Secretary of Natural and Historic Resources shall, jointly with the Secretary of Agriculture and Forestry, convene a task force for the purpose of studying carbon sequestration in the Commonwealth.

“B. The task force shall be composed of the Secretary of Natural and Historic Resources and the Secretary of Agriculture and Forestry; the Director of the Department of Environmental Quality or his designee; the Director of the Department of Conservation and Recreation or his designee; the Director of the Department of Wildlife Resources or his designee; the Commissioner of Agriculture and Forestry or his designee; the Virginia State Forester or his designee; the Marine Resources Commissioner or his designee; technical experts from the University of Virginia, the Virginia Polytechnic Institute and State University, the Virginia Institute of Marine Sciences, and Virginia State University; a representative from each of the Virginia Farm Bureau, the Virginia Agribusiness Council, the Virginia Association of Soil and Water Conservation Districts, the Virginia Forestry Association, the Virginia Cooperative Extension, the Chesapeake Bay Foundation, Shellfish Growers of Virginia, and the Nature Conservancy and other conservation organizations; and other technical experts, as needed. The Secretary of Natural and Historic Resources and the Secretary of Agriculture and Forestry shall serve as co-chairs of the task force.

“C. The task force shall (i) consider possible methods of increasing carbon sequestration within the natural environment through state land and marine resources use policies; agricultural, aquacultural, and silvicultural practices; and other practices to achieve natural resources restoration and long-term conservation; (ii) recommend short-term and long-term benchmarks for increasing carbon sequestration; (iii) develop a standardized methodology to establish baseline carbon levels and account for increases in carbon sequestration over time; (iv) identify existing carbon markets and considerations relevant to potential participation by the Commonwealth; and (v) identify other potential funding mechanisms to encourage carbon sequestration practices in the Commonwealth.

“D. The task force shall, before the first day of the 2022 Session of the General Assembly, submit a report of its findings to the Chairs of the House Committee on Agriculture, Chesapeake and Natural and Historic Resources and the Senate Committee on Agriculture, Conservation and Natural Resources.”

The 2008 amendments.

The 2008 amendment by c. 860, effective October 1, 2008, deleted “and Virginia Marine Products Board” at the end of the second sentence and made related changes.

The 2014 amendments.

The 2014 amendment by c. 432 inserted “and Virginia Racing Commission” and made a related change.

Article 3. Secretary of Commerce and Trade.

§ 2.2-204. Position established; agencies for which responsible; additional duties.

The position of Secretary of Commerce and Trade (the Secretary) is created. The Secretary shall be responsible to the Governor for the following agencies: Virginia Economic Development Partnership Authority, Commonwealth of Virginia Innovation Partnership Authority, Virginia International Trade Corporation, Virginia Tourism Authority, Department of Energy, Department of Housing and Community Development, Department of Small Business and Supplier Diversity, Virginia Housing Development Authority, Tobacco Region Revitalization Commission, and Board of Accountancy. The Governor, by executive order, may assign any state executive agency to the Secretary, or reassign any agency listed in this section to another Secretary.

The Secretary shall implement the provisions of the Virginia Biotechnology Research Act (§ 2.2-5500 et seq.).

History. 1986, c. 492, §§ 2.1-51.38, 2.1-51.40; 1988, cc. 67, 173; 1989, c. 165; 1991, c. 337; 1993, cc. 499, 699; 1994, c. 472, § 2.1-51.39:2; 1995, c. 89; 1996, cc. 589, 590, 598, 599, 702; 1999, cc. 412, 421, 433; 2001, cc. 832, 844; 2004, cc. 57, 940, 963; 2013, c. 482; 2014, c. 432; 2016, c. 749; 2017, cc. 30, 31; 2020, cc. 738, 1164, 1169; 2021, Sp. Sess. I, cc. 453, 532.

Cross references.

As to the Major Headquarters Workforce Grant Fund, see § 59.1-284.31.

Editor’s note.

Acts 2001, c. 832 amended § 2.1-51.40, from which this section is derived. Pursuant to § 30-152, Acts 2001, c. 832 has been given effect in this section as set out above. The 2001 amendment by c. 832, inserted “Board of Accountancy” preceding “and Virginia Marine Products Board” in the second sentence of the first paragraph.

The amendments to this section by Acts 2004, cc. 940 and 963 are effective no later than the beginning of the term of the Governor elected November 8, 2005. However, if funding for the position and expenses of the Secretary of Agriculture and Forestry is included in the 2004 Appropriation Act, the amendments shall become effective on the date set out in that act. The funding was provided in the 2004 appropriation act. See Acts 2004, Sp. Sess. 1, c. 4, Item 94.10. The provisions of Acts 2004, cc. 940 and 963, became effective July 1, 2004.

Acts 2004, cc. 940 and 963, cl. 2 provides: “That except as provided in the third enactment of this act, the provisions of this act shall become effective no later than the beginning of the term of the Governor elected November 8, 2005.”

Acts 2004, cc. 940 and 963, cl. 3 provides: “That if funding for the position and expenses of the Secretary of Agriculture and Forestry created by this act is included in the 2004 Appropriation Act passed by the General Assembly, the provisions of this act shall become effective beginning on the date set out in the appropriation act.”

At the direction of the Virginia Code Commission, the reference to “Tobacco Region Revitalization Commission” was substituted for “Tobacco Indemnification and Community Revitalization Commission” to conform to Acts 2015, cc. 399 and 433.

Acts 2016, c. 749, cl. 2 provides: “That § 2.2-204 of the Code of Virginia, as amended by this act, and §§ 2.2-2738 and 2.2-2739 of the Code of Virginia, as created by this act, shall become effective on December 1, 2016.”

Acts 2016, c. 749, cl. 7 provides: “That the Secretary of Commerce and Trade shall provide to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance, not later than September 1, 2016, a proposed budget, a business plan, and performance metrics that address the structure and duties of and staff support for the Virginia International Trade Corporation (the Corporation) as well as any proposed Memorandum of Agreement between the Corporation and the Virginia Economic Development Partnership Authority (the Authority) for the Authority to provide administrative and support services for the Corporation. The Chairmen of the House Committee on Appropriations and the Senate Committee on Finance shall review the information submitted and provide findings and recommendations to the Secretary of Commerce and Trade on or before December 1, 2016.”

Acts 2021, Sp. Sess. I, c. 423, cl. 1 provides:

“§ 1. That the Secretary of Natural and Historic Resources, the Secretary of Health and Human Resources, and the Secretary of Commerce and Trade shall establish a work group to study the mining and processing of gold in the Commonwealth. Such work group shall include representation from the Virginia Council on Environmental Justice established pursuant to Article 36 (§ 2.2-2699.8 et seq.) of Chapter 26 of Title 2.2 of the Code of Virginia as well as the following stakeholder groups: experts in mining, hydrology, toxicology, geology, and public health; environmental organizations; representatives of potentially affected communities in localities with significant deposits of gold; and residents of Native American communities in such localities. The work group shall (i) evaluate the impacts of the mining and processing of gold on public health, safety, and welfare in the Commonwealth; (ii) evaluate whether existing air and water quality regulations are sufficient to protect air and water quality in the Commonwealth from the mining and processing of gold, including evaluation of the impacts of different leaching and tailings management techniques on downstream communities; (iii) evaluate whether existing bonding, reclamation, closure, and long-term monitoring of sites for such mining or processing are sufficient; and (iv) report its findings to the Department of Mines, Minerals and Energy no later than December 1, 2022.”

Acts 2021, Sp. Sess. I, c. 532, cl. 2 provides: “That the provisions of this act shall become effective on October 1, 2021.”

The 2004 amendments.

The 2004 amendment by c. 57 deleted “Milk Commission” preceding “Department of Agriculture” in the first paragraph.

The 2004 amendments by cc. 940 and 963 are identical and in the first paragraph, deleted “Department of Forestry” following “Department of Business Assistance” and “Milk Commission, Department of Agriculture and Consumer Services” preceding “Department of Housing and Community Development,” substituted “and” for “Virginia Agricultural Council,” and deleted “and Virginia Marine Products Board” following “Board of Accountancy.”

The 2013 amendments.

The 2013 amendment by c. 482, effective January 1, 2014, in the first paragraph, deleted “Department of Business Assistance” preceding “Virginia Economic Development,” and substituted “Department of Small Business and Supplier Diversity” for “Department of Minority Business Enterprise.”

The 2014 amendments.

The 2014 amendment by c. 432 deleted “Virginia Racing Commission” following “Virginia Resources Authority.”

The 2016 amendments.

The 2016 amendment by c. 749, effective December 1, 2016, inserted “Virginia International Trade Corporation” in the first paragraph.

The 2017 amendments.

The 2017 amendments by cc. 30 and 31 are identical, and deleted “Virginia Resources Authority” following “Virginia Housing Development Authority” in the first paragraph of the section.

The 2020 amendments.

The 2020 amendment by c. 738 was superseded by the amendments in cc. 1164 and 1169 as “The Commonwealth of Virginia Innovation Partnership Authority” is the successor in interest to the “Innovation and Entrepreneurship Investment Authority.”

The 2020 amendments by cc. 1164 and 1169 are identical, and inserted “the Commonwealth of Virginia Innovation Partnership Authority” in the first paragraph in the second sentence.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 453, effective July 1, 2021, in the first paragraph, deleted “Department of Labor and Industry” following “Virginia Tourism Authority” and deleted “Virginia Employment Commission, Department of Professional and Occupational Regulation” preceding “Department of Housing and Community Development.”

The 2021 amendment by Sp. Sess. I, c. 532, effective October 1, 2021, deleted “Mines, Minerals and” preceding “Energy.”

§ 2.2-205. Economic development policy for the Commonwealth.

  1. During the first year of each new gubernatorial administration, the Secretary, with the assistance of a cabinet-level committee appointed in accordance with subsection B, shall develop and implement a written comprehensive economic development policy for the Commonwealth. In developing this policy, the Secretary and the committee shall review the economic development policy in effect at the commencement of the Governor’s term of office. The Secretary shall make such revisions to the existing policy as the Secretary deems necessary to ensure that it is appropriate for the Commonwealth. Once the policy has been adopted by the Secretary and the committee and approved by the Governor, it shall be submitted to the General Assembly for its consideration.
  2. During the first year of each new gubernatorial administration, the Governor shall issue an executive order creating a cabinet-level committee to assist the Secretary in the development of the comprehensive economic development policy for the Commonwealth. The Secretary shall be the chairman of the committee, and the Secretaries of Administration, Agriculture and Forestry, Education, Health and Human Resources, Labor, Natural and Historic Resources, and Transportation shall serve as committee members. The Governor may also appoint members of regional and local economic development groups and members of the business community to serve on the committee.

History. 1991, c. 562, § 2.1-51.39:1; 1993, c. 699; 2001, c. 844; 2004, c. 989; 2015, c. 166; 2020, c. 738; 2021, Sp. Sess. I, cc. 401, 453.

Editor’s note.

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item 111 A, effective for the biennium ending June 30, 2022, provides: “It is the intent of the General Assembly that state programs providing financial, technical, or training assistance to local governments for economic development projects or directly to businesses seeking to relocate or expand operations in Virginia should not be used to help a company relocate or expand its operations in one or more Virginia communities when the same company is simultaneously closing facilities in other Virginia communities. It is the responsibility of the Secretary of Commerce and Trade to enforce this policy and to inform the Chairmen of the Senate Finance and House Appropriations Committees in writing of the justification to override this policy for any exception.”

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item 111 B, effective for the biennium ending June 30, 2022, provides: “The Secretary shall develop and implement, as a component of the comprehensive economic development policy requirements as established in § 2.2-205 , Code of Virginia, a strategic workforce development plan for the Commonwealth.”

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item 111 C, effective for the biennium ending June 30, 2022, provides: “Notwithstanding any contrary provision of law, the authority and responsibilities of the Secretary of Technology referenced in § 2.2-205 , § 2.2-2221, § 2.2-2221.1, § 2.2-2233.1, § 2.2-2240.1 , § 2.2-2485 , § 2.2-2698 , § 2.2-2699.1 , § 2.2-2738 , § 15.2-2425 , § 23.1-2911.1 , § 23.1-3102 , § 23.1-3132 , § 58.1-322.02 , and § 58.1-402 , Code of Virginia, shall be executed by the Secretary of Commerce and Trade. Notwithstanding any contrary provision of law, the authority and responsibilities of the Secretary of Technology referenced in § 2.2-225 , Code of Virginia, shall be divided between the Secretary of Administration and the Secretary of Commerce and Trade as determined by the Governor.”

The 2004 amendments.

The 2004 amendment by c. 989 inserted “Technology” near the end in the second sentence of subsection B.

The 2015 amendments.

The 2015 amendment by c. 166 inserted “Agriculture and Forestry” in subsection B.

The 2020 amendments.

The 2020 amendment by c. 738 deleted “Technology” preceding “and Transportation” in subsection B in the second sentence.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 401, effective July 1, 2021, inserted “and Historic” in subsection B.

The 2021 amendment by Sp. Sess. I, c. 453, effective July 1, 2021, inserted “Labor” in subsection B.

§ 2.2-205.1. Economic Crisis Strike Force.

  1. There is hereby established the Economic Crisis Strike Force (Strike Force) for the purpose of serving as a working group to respond as needed to economic disasters in Virginia communities by (i) immediately providing a single point of contact for citizens in affected communities to assist with accessing available government and private sector services and resources, (ii) assisting localities in developing short-term and long-term strategies for addressing the economic crisis, and (iii) identifying opportunities for workforce retraining, job creation, and new investment.
  2. The Strike Force shall be chaired by the Secretary of Commerce and Trade and be deployed at the direction of the Governor. Membership shall include high level representatives designated by the Secretaries of Education, Health and Human Resources, and Labor and by the respective heads of the following agencies: the Department of Agriculture and Consumer Services, the Department of Education, the Department of Housing and Community Development, the Department of Labor and Industry, the Department of Medical Assistance Services, the Department of Small Business and Supplier Diversity, the Department of Social Services, the Virginia Community College System, the Virginia Employment Commission, the Virginia Economic Development Partnership, and the Virginia Tourism Authority. The Strike Force shall also include representatives from such other agencies as may be designated by the Governor to meet the needs of a particular affected community. In addition, the Governor may designate such citizens as he deems appropriate to advise the Strike Force.
  3. Staff support for the Strike Force shall be provided by the Office of the Governor and the Secretary of Commerce and Trade. All agencies of the Commonwealth shall assist the Strike Force upon request.
  4. On or before December 1 of each year, the Strike Force shall report to the Governor and the General Assembly on its activities.
  5. For the purposes of this section, “economic disaster” means an employment loss of at least five percent during the immediately preceding six-month period, the closure or downsizing of a major regional employer in an economically distressed area, a natural disaster or act of terrorism for which the Governor has declared a state of emergency, or other economic crisis situations, which in the opinion of the Governor adversely affect the welfare of the citizens of the Commonwealth.

History. 2006, cc. 79, 80; 2013, c. 482; 2021, Sp. Sess. I, c. 453.

Editor’s note.

Acts 2006, cc. 79 and 80, cl. 2 provides: “That an emergency exists and this act shall be in force upon its passage [March 21, 2006].”

The 2013 amendments.

The 2013 amendment by c. 482, effective January 1, 2014, in subsection B, deleted “the Department of Business Assistance” following “Consumer Services,” and substituted “the Department of Small Business and Supplier Diversity” for “the Department of Minority Business Enterprise” in the second sentence; and substituted “five percent” for “5%” in subsection E.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 453, effective July 1, 2021, inserted “and Labor” after “Human Resources” in subsection B and made stylistic changes.

§ 2.2-205.2. Commonwealth Broadband Chief Advisor.

  1. The position of Commonwealth Broadband Chief Advisor (Chief Advisor) is hereby established within the office of the Secretary of Commerce and Trade.
    1. The purpose of the Chief Advisor is to serve as Virginia’s single point of contact and integration for broadband issues, efforts, and initiatives and to increase the availability and affordability of broadband throughout all regions of the Commonwealth.
    2. The Chief Advisor shall be selected for his knowledge of, background in, and experience with information technology, broadband telecommunications, and economic development in a private, for-profit, or not-for-profit organization.
  2. The Chief Advisor shall be designated by the Secretary of Commerce and Trade. Staff for the Chief Advisor shall be provided by the Center for Innovative Technology (CIT) and the Department of Housing and Community Development (DHCD). All agencies of the Commonwealth shall provide assistance to the Chief Advisor, upon request.
  3. The Chief Advisor shall:
    1. Integrate activities among different federal and state agencies and departments, and localities, and coordinate with Internet service providers in the Commonwealth;
    2. Provide continual research into public grants and loans, in addition to private and nonprofit funding opportunities, available to provide incentives and help defray the costs of broadband infrastructure buildouts and upgrades;
    3. Maintain broadband maps, the Integrated Broadband Planning and Analysis Toolbox, and other data to help decision makers understand where broadband needs exist and help develop strategies to address these needs;
    4. Continually monitor and analyze broadband legislative and policy activities, as well as investments, in other nations, states, and localities to ensure that the Commonwealth remains competitive and up to date on best practices to address the Commonwealth’s unique broadband needs, create efficiencies, target funding, and streamline operations;
    5. Monitor the trends in the availability and deployment of and access to broadband communications services, which include, but are not limited to, high-speed data services and Internet access services of general application, throughout the Commonwealth and advancements in communications technology for deployment potential;
    6. Research and evaluate emerging technologies to determine the most effective applications for these technologies and their benefits to the Commonwealth;
    7. Monitor federal legislation and policy, in order to maximize the Commonwealth’s effective use of and access to federal funding available for broadband development programs, including but not limited to the Connect America Fund program;
    8. Coordinate with Virginia agencies and departments to target funding activities for the purpose of ensuring that Commonwealth funds are spent effectively to increase economic and social opportunities through widespread and affordable broadband deployment;
    9. Coordinate with Virginia agencies and departments, including, but not limited to, DHCD, the Virginia Tobacco Region Revitalization Commission, and the Virginia Resources Authority, to review funding proposals and provide recommendations for Virginia grants and loans for the purpose of ensuring that Commonwealth funds are spent effectively on projects most likely to result in a solid return on investment for broadband deployment throughout the Commonwealth;
    10. Serve as a central coordinating position and repository for any broadband-related projects and grants related to the mission herein, including, but not limited to, information from DHCD, the Virginia Tobacco Region Revitalization Commission, the CIT, the Virginia Growth and Opportunity Board, and the Virginia Resources Authority;
    11. Support the efforts of both public and private entities within the Commonwealth to enhance or facilitate the deployment of and access to competitively priced advanced electronic communications services and Internet access services of general application throughout the Commonwealth;
    12. Specifically work toward establishing affordable, accessible broadband services to unserved areas of the Commonwealth and monitor advancements in communication that will facilitate this goal;
    13. Advocate for and facilitate the development and deployment of applications, programs, and services, including but not limited to telework, telemedicine, and e-learning, that will bolster the usage of and demand for broadband level telecommunications;
    14. Serve as a broadband information and applications clearinghouse for the Commonwealth and a coordination point for broadband-related services and programs in the Commonwealth;
    15. After consultation with the Virginia Growth and Opportunity Board, the Broadband Advisory Council, and the Joint Commission on Technology and Science, (i) develop a strategic plan that includes specific objectives, metrics, and benchmarks for developing and deploying broadband communications, including in rural areas, which minimize the risk to the Commonwealth’s assets and encourage public-private partnerships, across the Commonwealth; such strategic plan and any changes thereto shall be submitted to the Governor, the Chairman of the House Committee on Appropriations, the Chairman of the Senate Committee on Finance and Appropriations, the Chairman of the Joint Commission on Technology and Science, the Chairman of the Broadband Advisory Council, and the Chairman of the Virginia Growth and Opportunity Board and (ii) present to these organizations annually on updates, changes, and progress made relative to this strategic plan, other relevant broadband activities in the Commonwealth, and suggestions to further the objectives of increased broadband development and deployment, including areas such as, but not limited to, the following: education, telehealth, economic development, and workforce development, as well as policies that may facilitate broadband deployment at the state and local level; and
    16. Submit to the Governor and the General Assembly an annual report for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports on broadband development and deployment activities that shall include, but not be limited to, the following areas: education, telehealth, workforce development, and economic development in regard to (i) broadband deployment and program successes, (ii) obstacles to program and resource coordination, (iii) strategies for improving such programs and resources needed to help close the Commonwealth’s rural digital divide, and (iv) progress made on the objectives detailed in the strategic plan. The Chief Advisor shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Chief Advisor no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted for publication as a report document 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.
  4. The Chief Advisor may form such advisory panels and commissions as deemed necessary, convenient, or desirable to advise and assist in exercising the powers and performing the duties conferred by this section. Persons appointed to advisory committees shall be selected for their knowledge of, background in, or experience with information technology, broadband telecommunications, or economic development in a private, for-profit, or not-for-profit organization.
  5. The disclosure requirements of Article 5 (§ 2.2-3113 et seq.) of the State and Local Government Conflict of Interests Act shall apply to members of the advisory committees.

History. 2018, c. 766; 2020, c. 738.

Editor’s note.

The Virginia Code Commission authorized the substitution of “the Chairman of the House Committee on Appropriations, the Chairman of the Senate Committee on Finance and Appropriations” for “the Chairman of the House Appropriations Committee, the Chairman of the Senate Finance Committee” in subdivision C 15. March 10, 2021.

The 2020 amendments.

The 2020 amendment by c. 738, in subsection C, substituted “The” for “As the single point of contact, the” in the introductory wording; inserted new subdivisions C 11 through C 14; redesignated former subdivisions C 11 and C 12 as subdivisions C 15 and C 16; in subdivision C 15, deleted “the Chief Advisor shall” preceding “(i) develop” and made a stylistic change.

§ 2.2-206. Urban issues; report; responsibilities of the Secretary.

  1. In order to evaluate and promote the economic potential and development of the urban areas in the Commonwealth, during the first year of each new gubernatorial administration, the Secretary, with the assistance of a cabinet-level committee appointed in accordance with subsection B, shall develop a report on the condition of the state’s urban areas and establishing priorities for addressing those conditions. The report shall include the following components:
    1. A review of economic and social conditions in the cities of the Commonwealth;
    2. The identification of inequities between those urban areas experiencing economic growth and relatively low fiscal stress and those urban areas experiencing economic decline and relatively high levels of fiscal stress;
    3. The establishment of specific and quantifiable benchmarks for addressing economic and social conditions and inequities within urban areas;
    4. Prioritized recommendations for specific actions by state agencies intended to meet the established performance benchmarks within a prescribed schedule; and
    5. A system for tracking agency progress in meeting the benchmarks during the succeeding biennia.
  2. During the first year of each new gubernatorial administration, the Governor shall issue an executive order creating a cabinet-level committee to assist the Secretary in the development of an urban policy vision and priorities for the Commonwealth. The Secretary shall be the chairman of the committee, and the Secretaries of Education, Health and Human Resources, Natural and Historic Resources and Transportation shall serve as committee members. The Governor may also appoint representatives of local government from Virginia’s urban areas to serve as committee members. During the third year of each new gubernatorial administration the Secretary shall review and report on the performance of each agency in meeting the established benchmarks.

History. 1999, c. 519, § 2.1-51.39:3; 2001, c. 844; 2004, c. 238; 2021, Sp. Sess. I, c. 401.

The 2004 amendments.

The 2004 amendment by c. 238 rewrote the section.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 401, effective July 1, 2021, inserted “and Historic” in subsection B.

§ 2.2-206.1. Expired.

Editor’s note.

Former § 2.2-206.1 , which established the Entrepreneur-in-Residence Program, expired July 1, 2017, according to its own terms.

Acts 2014, cc. 63 and 700, cl. 2 was codified as subsection G of this section and provided for the July 1, 2017, expiration date.

§ 2.2-206.2. Repealed by Acts 2020, c. 591, cl. 2.

Editor’s note.

Former § 2.2-206.2 , pertaining to responsibilities of the Secretary related to economic incentive grant programs, derived from Acts 2014, c. 817; 2015, cc. 761, 763, 777.

§ 2.2-206.3. Additional duties of the Secretary; advancement of technology.

Unless the Governor expressly reserves such power to himself, the Secretary may, with regard to strategy development, planning, and budgeting for technology programs in the Commonwealth:

  1. Monitor trends and advances in fundamental technologies of interest and importance to the economy of the Commonwealth and direct and approve a stakeholder-driven technology strategy development process that results in a comprehensive and coordinated view of research and development goals for industry, academia, and government in the Commonwealth. This strategy shall be updated biennially and submitted to the Governor, the Speaker of the House of Delegates, and the President pro tempore of the Senate;
  2. Work closely with the appropriate federal research and development agencies and program managers to maximize the participation of Commonwealth industries and baccalaureate institutions of higher education in these programs consistent with agreed strategy goals;
  3. Direct the development of plans and programs for strengthening the technology resources of the Commonwealth’s high technology industry sectors and for assisting in the strengthening and development of the Commonwealth’s Regional Technology Councils;
  4. Direct the development of plans and programs for improving access to capital for technology-based entrepreneurs;
  5. Assist the Joint Commission on Technology and Science created pursuant to § 30-85 in its efforts to stimulate, encourage, and promote the development of technology in the Commonwealth;
  6. Strengthen interstate and international partnerships and relationships in the public and private sectors to bolster the Commonwealth’s reputation as a global technology center;
  7. Develop and implement strategies to accelerate and expand the commercialization of intellectual property created within the Commonwealth;
  8. Ensure that the Commonwealth remains competitive in cultivating and expanding growth industries, including life sciences, advanced materials and nanotechnology, biotechnology, and aerospace; and
  9. Monitor the trends in the availability and deployment of and access to broadband communications services, which include but are not limited to competitively priced, high-speed data services and Internet access services of general application, throughout the Commonwealth and advancements in communications technology for deployment potential. The Secretary shall report annually by December 1 to the Governor and General Assembly on those trends.

History. 2020, c. 738.

Editor’s note.

Acts 2020, c. 738 also added a subdivision 10, related to the Innovation and Entrepreneurship Investment Authority and Commonwealth Research Commercialization Fund. To conform with changes, by Acts 2020, cc. 1164 and 1165 and at the direction of the Virginia Code Commission, it was not included here.

§ 2.2-207. Annual legislative report.

Within sixty days prior to the beginning of each regular legislative session, the Secretary and the Secretary of Education shall jointly present a report to the General Assembly summarizing private sector and education partnership programs and recommendations to promote efficiency and growth in business and education partnerships.

History. 1993, cc. 248, 752, § 2.1-51.40:1; 2001, c. 844.

Article 4. Secretary of Education.

§ 2.2-208. Position established; agencies for which responsible; powers and duties.

  1. The position of Secretary of Education (the Secretary) is created. The Secretary shall be responsible to the Governor for the following agencies: Department of Education, State Council of Higher Education, Virginia Museum of Fine Arts, The Science Museum of Virginia, Frontier Culture Museum of Virginia, The Library of Virginia, Jamestown-Yorktown Foundation, Board of Regents of Gunston Hall, the Commission for the Arts, and the Board of Visitors of the Virginia School for the Deaf and the Blind. The Governor may, by executive order, assign any other state executive agency to the Secretary, or reassign any agency listed above to another Secretary.
  2. Unless the Governor expressly reserves such a power to himself, the Secretary may (i) resolve administrative, jurisdictional, or policy conflicts between any agencies or officers for which he is responsible and (ii) provide policy direction for programs involving more than a single agency.
  3. The Secretary may direct the preparation of alternative policies, plans, and budgets for education for the Governor and, to that end, may require the assistance of the agencies for which he is responsible.
  4. The Secretary shall direct the formulation of a comprehensive program budget for cultural affairs encompassing the programs and activities of the agencies involved in cultural affairs.
  5. The Secretary shall consult with the agencies for which he is responsible and biennially report to the General Assembly on the coordination efforts among such agencies.

History. 1976, c. 733, §§ 2.1-51.19, 2.1-51.20, 2.1-51.21; 1977, c. 413; 1979, c. 314; 1985, cc. 193, 447, 505; 1986, cc. 335, 603; 1987, c. 458; 1992, c. 630; 1993, cc. 653, 665; 1994, c. 64; 1998, cc. 701, 899; 1999, cc. 840, 855; 2001, c. 844; 2003, c. 452; 2009, c. 210; 2015, c. 140.

Editor’s note.

Acts 2012, c. 727, provides: “§ 1. The Department of Education shall annually publish disciplinary offense and outcome data by race, ethnicity, gender, and disability for each public school in the Commonwealth on its website. The data shall be published in a manner that protects the identities of individual students.”

Acts 2018, cc. 513 and 514, cl. 1 provides: “The Department of Education and local school boards shall adopt policies to implement the provisions of 20 U.S.C. § 7926 that prohibit any local school board or any individual who is an employee, contractor, or agent of a local school board from assisting an employee, contractor, or agent of such local school board in obtaining a new job if such local school board or individual knows or has probable cause to believe that the employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of law.”

Acts 2020, cc. 364 and 737, cl. 1 provides: “§ 1. That the Secretaries of Education and Health and Human Resources shall establish a work group to consist of the Commissioner of Behavioral Health and Developmental Services, the Superintendent of Public Education, the Director of Medical Assistance Services, the Commissioner of Social Services, and the Director of the Office of Children’s Services, or their designees, and representatives of hospitals providing services to children and adolescents, providers of residential psychiatric services for children and adolescents, community services boards, and behavioral health advocacy groups to (i) review the current process for approval of residential psychiatric placements and barriers to timely approval of residential psychiatric services for adolescents and children, (ii) develop recommendations for improving such process and ensuring timely approval of residential psychiatric placements and services for adolescents and children, and (iii) develop recommendations for a process to expedite approval of requests for residential psychiatric placements and services for adolescents and children who are receiving acute inpatient psychiatric services. The Commissioner of Behavioral Health and Developmental Services and the Director of Medical Assistance Services shall serve as co-chairs of the work group. The work group shall report its findings and recommendations to the Chairmen of the House Committee on Appropriations, the Senate Committee on Finance and Appropriations, and the Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century by December 1, 2020.”

Acts 2020, c. 641, cl. 1 provides: “§ 1. The Department of Education shall collect data from school boards regarding their ability to fill school counselor positions, including (i) the number of school counselors employed in elementary, middle, and high schools in the local school division; (ii) the number and duration of school counselor vacancies; (iii) the number, role, and license type of other licensed counseling professionals employed by the school board; and (iv) information about their preferences for meeting updated school counselor to student ratios with other licensed counseling professionals. The Department of Education shall report the results of such data collection to the Governor, the Secretary of Education, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations no later than June 30, 2021.”

Acts 2020, c. 677, cl. 1 provides: “§ 1. That the Department of Education, in collaboration with the Department of Health and medical professional societies, shall develop and distribute for use by local school boards health and safety best practice guidelines for the effective integration of digital devices in public schools no later than the 2021—2022 school year. The guidelines shall be based on peer-reviewed, independently funded studies and shall at a minimum address digital device use for different age ranges and developmental levels, the amount of time spent on digital devices in the classroom, appropriate break frequency from the use of digital devices, physical positioning of digital devices in the classroom, the use of digital devices for homework, and recommended teacher training to ensure best practice implementation.”

The 2003 amendments.

The 2003 amendment by c. 452, in the first paragraph, inserted “and” following “Gunston Hall,” and deleted “and the Virginia Advisory Council for Adult Education and Literacy.”

The 2009 amendments.

The 2009 amendment by c. 210 inserted “and the Board of Visitors of the Virginia School for the Deaf and the Blind” in the first paragraph and made a related change.

The 2015 amendments.

The 2015 amendment by c. 140 inserted the subsection designations; in subsection B, substituted “may” for “is empowered to” and inserted clause (i) and (ii) designations; substituted for “The Secretary may” for “He is authorized to” at the beginning of subsection C; substituted “The Secretary” for “He” in subsection D; and added subsection E.

§ 2.2-208.1. School Readiness Committee; Secretary to establish.

  1. In recognition of the fact that early care and education of young children is linked to academic success and workforce readiness, the Secretary of Education, in consultation with the Secretary of Health and Human Resources, and upon receiving recommendations for appointments from the Virginia Education Association, the Virginia School Boards Association, the Virginia Association of Elementary School Principals, the Virginia Council for Private Education, the Virginia Child Care Association, the Virginia Association for Early Childhood Education, the Virginia Head Start Association, the Virginia Alliance for Family Child Care Associations, and the Virginia Chamber of Commerce, shall establish and appoint members to the School Readiness Committee (the Committee).
  2. The Committee shall have a total membership of no fewer than 27 members that shall consist of seven legislative members, no fewer than 16 nonlegislative citizen members, and four ex officio members. Members shall be appointed as follows: four members of the House of Delegates to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; three members of the Senate to be appointed by the Senate Committee on Rules on the recommendation of the Chair of the Senate Committee on Education and Health; and no fewer than 16 nonlegislative citizen members to be appointed by the Secretary of Education. Nonlegislative citizen members shall include at least three representatives of the office of the Secretary of Education, one representative of the State Council of Higher Education for Virginia, one representative of a baccalaureate public institution of higher education in the Commonwealth with a teacher education program, one representative of an associate-degree-granting public institution of higher education in the Commonwealth with a teacher education program, one representative of the Virginia Early Childhood Foundation, one representative of the Virginia Association of School Superintendents, four representatives of the private business sector, one early childhood education teacher from a public early childhood education program, one early childhood education teacher from a private early childhood education program, one administrator from a public early childhood education program, one administrator from a private early childhood education program, one administrator from a Head Start program, one administrator from a family child care program, and one parent or guardian of a child who is participating in early childhood care and education in the Commonwealth. The Commissioner of Social Services or his designee, the Secretary of Education or his designee, the Secretary of Health and Human Resources or his designee, and the Superintendent of Public Instruction or his designee shall serve ex officio with voting privileges.
  3. In recognition of the fact that one of the most important factors in learning outcomes for young children is the capabilities, supports, and compensation of the educators who support their growth and learning, the primary goal of the Committee is to provide recommendations for and track progress on the financing of a comprehensive birth-to-five early childhood care and education system in the Commonwealth that addresses both affordability for families and adequate compensation for educators. As part of this effort, the Committee should consider best practices and innovations in the private and public sector from across the Commonwealth and the country. The Committee should consider different sources of revenue and establish long-term goals and targets for affordable access to quality care and education for all birth-to-five children in the Commonwealth. Based on disparities in school readiness outcomes, the Committee should ensure that all recommendations address societal inequities and address the needs of the Commonwealth’s more vulnerable children, families, and early childhood educators. The Committee shall periodically review the goals set forth in this subsection and other priorities within the early childhood care and education systems and make recommendations to the Board of Education, the State Council of Higher Education for Virginia, the Department of Social Services, and the Chairmen of the House Committee on Education, the Senate Committee on Education and Health, the House Committee on Health, Welfare and Institutions, and the Senate Committee on Rehabilitation and Social Services. The Board of Education shall review the recommendations of the Committee and submit to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health, in advance of the next regular session of the General Assembly, any comments on such recommendations that the Board of Education deems appropriate.
  4. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. All legislative members and nonlegislative citizen members may be reappointed.
  5. After the initial staggering of terms, legislative members and nonlegislative citizen members shall be appointed for terms of three years.
  6. No legislative member or nonlegislative citizen member shall serve more than two consecutive three-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member’s eligibility for reappointment.
  7. The Committee shall elect a chairman and vice-chairman from among its membership. A majority of the members shall constitute a quorum. The meetings of the Committee shall be held at the call of the chairman or whenever the majority of the members so request.
  8. The Virginia Early Childhood Foundation shall provide for the facilitation of the work of the Committee under the direction of the Secretary of Education or his designee and with the guidance of a steering subcommittee that includes the Secretary of Education, the Secretary of Health and Human Resources, one legislative member, one representative of the private business sector, one representative of the Virginia Early Childhood Foundation, and one early childhood education teacher or administrator from a private early childhood education program.
  9. The chairman may request and access the expertise of additional representatives and organizations relating to the Committee’s goals and priorities. In order to meet the federally mandated requirements for early childhood advisory councils, the chairman may establish and appoint additional members to advisory subcommittees to address areas of special concern and priority.
  10. The Department of Education and the Department of Social Services shall provide staff support to the Committee. All agencies of the Commonwealth shall provide assistance to the Committee, upon request.

History. 2016, c. 652; 2021, Sp. Sess. I, c. 446.

Editor’s note.

Acts 2016, c. 652, cl. 2 provides: “That the initial appointments of nonlegislative citizen members of the School Readiness Committee shall be staggered as follows: at least six members for a term of four years, at least five members for a term of three years, and at least five members for a term of two years.”

Acts 2020, cc. 860 and 861, cl. 2, had repealed this section, effective July 1, 2021. Acts 2021, Sp. Sess. 1, c. 446, cl. 2 deleted this section from the repealer, so this section is not repealed July 1, 2021.

At the direction of the Virginia Code Commission, “baccalaureate” was substituted for “four-year” and “an associate-degree-granting” was substituted for “a two-year” in subsection B to conform to Acts 2016, c. 588.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 446, effective July 1, 2021, inserted “the Virginia Head Start Association, the Virginia Alliance for Family Child Care Associations” in subsection A; added “one administrator from a Head Start program, one administrator from a family child care program, and one parent or guardian of a child who is participating in early childhood care and education in the Commonwealth” at the end of the next-to-last sentence in subsection B; rewrote subsection C; and made a stylistic change.

§§ 2.2-209, 2.2-210. Repealed by Acts 2004, c. 37.

Editor’s note.

Former §§ 2.2-209 , 2.2-210, relating to establishment of the Virginia Business-Education Partnership Program, and annual legislative report thereon, were derived from 1993, cc. 248, 752, §§ 2.1-51.21:1, 2.1-51.21:2; 2001, c. 844.

Article 5. Secretary of Finance.

§ 2.2-211. Position established; agencies for which responsible; additional powers.

  1. The position of Secretary of Finance (the Secretary) is created. The Secretary shall be responsible for the following agencies: Department of Accounts, Department of Planning and Budget, Department of Taxation, Department of the Treasury, and Virginia Resources Authority. The Governor, by executive order, may assign any other state executive agency to the Secretary of Finance, or reassign any agency listed.
  2. To the greatest extent practicable, the agencies assigned to the Secretary shall pay all amounts due and owing by the Commonwealth through electronic transfers of funds from the general fund or appropriate special fund to the bank account of the payee or a party identified by law to receive funds on behalf of the payee. All wire transfer costs associated with the electronic transfer shall be paid by the payee subject to exemptions authorized by the State Treasurer affecting the investment, debt, and intergovernmental transactions of the Commonwealth and its agencies, institutions, boards, and authorities.

History. 1984, c. 720, §§ 2.1-51.32, 2.1-51.33, 2.1-51.34; 1985, c. 72; 1996, c. 500; 2001, c. 844; 2011, cc. 798, 871; 2017, cc. 30, 31.

Editor’s note.

Acts 2020, cc. 1285 and 1286, cl. 2 provides: “That the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security shall convene a work group to study the impact on the Commonwealth of legalizing the sale and personal use of marijuana. The work group shall consult with the Attorney General of Virginia, the Commissioner of the Department of Taxation, the Commissioner of the Department of Motor Vehicles, the Commissioner of the Virginia Department of Agriculture and Consumer Services, the Executive Director of the Board of Pharmacy, the Director for the Center for Urban and Regional Analysis at the Virginia Commonwealth University L. Douglas Wilder School of Government and Public Affairs, the Virginia State Crime Commission, the Virginia Association of Commonwealth’s Attorneys, the Executive Director of Virginia NORML, a representative of the Virginia Alcoholic Beverage Control Authority, a representative of a current manufacturer of medical cannabis in Virginia, a medical professional, a member of a historically disadvantaged community, a representative of a substance abuse organization, and a representative of a community services board. In conducting its study, the work group shall review the legal and regulatory frameworks that have been established in states that have legalized the sale and personal use of marijuana and shall examine the feasibility of legalizing the sale and personal use of marijuana, the potential revenue impact of legalization on the Commonwealth, the legal and regulatory framework necessary to successfully implement legalization in the Commonwealth, and the health effects of marijuana use. The work group shall complete its work and report its recommendations to the General Assembly and the Governor by November 30, 2020.”

The 2011 amendments.

The 2011 amendments by cc. 798 and 871, effective July 1, 2012, are identical, and in subsection A, deleted “and Department of the State Internal Auditor” following “Department of the Treasury” and made a related change, and made a minor stylistic change.

The 2017 amendments.

The 2017 amendments by cc. 30 and 31 are identical, and added “and Virginia Resources Authority” in the first sentence of subsection A and made related changes.

Article 6. Secretary of Health and Human Resources.

§ 2.2-212. Position established; agencies for which responsible; additional powers.

  1. The position of Secretary of Health and Human Resources (the Secretary) is created. The Secretary of Health and Human Resources shall be responsible to the Governor for the following agencies: Department of Health, Department for the Blind and Vision Impaired, Department of Health Professions, Department of Behavioral Health and Developmental Services, Department for Aging and Rehabilitative Services, Department of Social Services, Department of Medical Assistance Services, Virginia Department for the Deaf and Hard-of-Hearing, the Office of Children’s Services, the Assistive Technology Loan Fund Authority, and the Opioid Abatement Authority. The Governor may, by executive order, assign any other state executive agency to the Secretary of Health and Human Resources, or reassign any agency listed above to another Secretary.
  2. As requested by the Secretary and to the extent authorized by federal law, the agencies of the Secretariat shall share data, records, and information about applicants for and recipients of services from the agencies of the Secretariat, including individually identifiable health information for the purposes of (i) streamlining administrative processes and reducing administrative burdens on the agencies, (ii) reducing paperwork and administrative burdens on the applicants and recipients, and (iii) improving access to and quality of services provided by the agencies.
  3. Unless the Governor expressly reserves such power to himself, the Secretary shall (i) serve as the lead Secretary for the coordination and implementation of the long-term care policies of the Commonwealth and for the blueprint for livable communities 2025 throughout the Commonwealth, working with the Secretaries of Transportation, Commerce and Trade, and Education, and the Commissioner of Insurance, to facilitate interagency service development and implementation, communication, and cooperation; (ii) serve as the lead Secretary for the Children’s Services Act, working with the Secretary of Education and the Secretary of Public Safety and Homeland Security to facilitate interagency service development and implementation, communication, and cooperation; and (iii) coordinate the disease prevention activities of agencies in the Secretariat to ensure efficient, effective delivery of health related services and financing.

History. 1976, c. 729, §§ 2.1-51.13, 2.1-51.14, 2.1-51.15; 1978, c. 635; 1982, cc. 345, 459; 1983, c. 20; 1984, cc. 720, 781; 1985, cc. 447, 448; 1987, cc. 219, 698; 1988, cc. 646, 765; 1989, cc. 614, 695; 1990, c. 458; 1991, c. 563; 1994, c. 755; 1996, cc. 492, 902; 1998, c. 793; 2000, c. 937; 2001, cc. 577, 777, 844; 2004, cc. 14, 142; 2006, cc. 344, 380; 2007, cc. 10, 399, 534, 581; 2009, cc. 813, 840; 2010, cc. 411, 801; 2012, cc. 803, 835; 2014, cc. 115, 490; 2015, c. 366; 2017, c. 467; 2021, Sp. Sess. I, cc. 306, 307.

Editor’s note.

Acts 2001, cc. 577 and 777 amended § 2.1-51.15, from which this section is derived. Pursuant to § 30-152, Acts 2001, cc. 577 and 777 have been given effect in this section as set out above.

This section is set out above as it read without the entry for the Advisory Council on the Future of Nursing in Virginia, which was added by Acts 2001, c. 777, and expired July 1, 2006, pursuant to Acts 2001, c. 777, cl. 2.

The 2001 amendment by c. 577 inserted “and the” following “Hard-of-Hearing,” and deleted “and the Virginia Council on Coordinating Prevention” following “At-Risk Youth and Families” in the second sentence of the first paragraph.

The 2001 amendment by c. 777 inserted “Advisory Council on the Future of Nursing in Virginia” preceding “Council on Indians” in the second sentence of the first paragraph.

The section is set out above as it read without the entry for the Advisory Council on the Future of Nursing in Virginia added by Acts 2001, c. 777, which expired July 1, 2006, pursuant to Acts 2001, c. 777, cl. 2.

Acts 2005, cc. 199 and 235, cl. 1 provides: Ҥ 1. Publication of clinical drug trial results.

“The Secretary of Health and Human Resources shall make available, on the appropriate state health-related websites, information directing citizens of the Commonwealth to publicly available information on clinical drug trials and other clinical studies including those sponsored by the National Institutes of Health and those sponsored by the private sector, such as the Pharmaceutical Research and Manufacturers of America.”

Acts 2012, cc. 803 and 835, cl. 70 provides: “That the Governor may transfer any employee within a state agency established, abolished, or otherwise affected by the provisions of the 59th through 68th enactments of this act, or from one such agency to another, to support the changes in organization or responsibility resulting from or required by the provisions of the 59th through 68th enactments of this act.” Acts 2012, cc. 803 and 835, cl. 59 amended this section.

Acts 2016, cc. 79 and 80, cl. 1, effective March 1, 2016, provides: “That the Secretary of Health and Human Resources shall undertake efforts to establish collaborative agreements with other states, particularly those states that share a border with the Commonwealth, for the interstate recognition of certifications of emergency medical services providers for the purpose of allowing emergency medical services providers to enter into other states to provide emergency medical services and shall report to the General Assembly regarding the status of such efforts no later than November 1, 2016.”

Acts 2017, cc. 62 and 180, effective February 20, 2017, cl. 1 provides: “§ 1. That the Secretary of Health and Human Resources shall convene a workgroup that shall include representatives of the Departments of Behavioral Health and Developmental Services, Health, and Health Professions as well as representatives of the State Council of Higher Education for Virginia and at least one representative of each medical school, dental school, school of pharmacy, physician assistant education program, and nursing education program located in the Commonwealth to develop educational standards and curricula for training health care providers, including physicians, dentists, optometrists, pharmacists, physician assistants, and nurses in the safe and appropriate use of opioids to treat pain while minimizing the risk of addiction and substance abuse. Such educational standards and curricula shall include education and training on pain management, addiction, and the proper prescribing of controlled substances. The workgroup shall report its progress and the outcomes of its activities to the Governor and the General Assembly by December 1, 2017.”

Acts 2017, c. 197, effective February 23, 2017, cl. 1 provides: “§ 1. That the Secretary of Health and Human Resources shall convene a work group to study barriers to treatment of substance-exposed infants in the Commonwealth. Such work group shall include representatives of the Departments of Behavioral Health and Developmental Services and Health and Social Services and such other stakeholders as the Secretary of Health and Human Resources may deem appropriate and shall (i) review current policies and practices governing the identification and treatment of substance-exposed infants in the Commonwealth; (ii) identify barriers to treatment of substance-exposed infants in the Commonwealth, including barriers related to identification and reporting of such infants, data collection, interagency coordination and collaboration, service planning, service availability, and funding; and (iii) develop legislative, budgetary, and policy recommendations for the elimination of barriers to treatment of substance-exposed infants in the Commonwealth. The Secretary shall report his findings to the Governor and the General Assembly by December 1, 2017.”

Acts 2017, c. 467, cl. 2 provides: “That the Secretary of Health and Human Resources shall report to the Governor and the General Assembly on the implementation of the provisions of this act by October 1, 2017.”

Acts 2019, c. 609 provides “§ 1. That the Secretary of Health and Human Resources shall convene a work group composed of stakeholders, including the Department of Behavioral Health and Developmental Services, the Department of Medical Assistance Services, the Virginia Association of Community Services Boards, the National Alliance on Mental Illness — Virginia, Mental Health America of Virginia, VOCAL, Inc., the Virginia Hospital and Healthcare Association, the Office of the Executive Secretary of the Supreme Court of Virginia, the Virginia Association of Chiefs of Police, the Virginia Sheriffs’ Association, the Institute of Law, Psychiatry and Public Policy, the Psychiatric Society of Virginia, the Virginia College of Emergency Room Physicians, and the Medical Society of Virginia, to examine the causes of the high census at the Commonwealth’s state hospitals for individuals with mental illness.

“In conducting such examination, the work group shall consider the impact of the practice of conducting evaluations of individuals who are the subject of an emergency custody order in hospital emergency departments, the treatment needs of individuals with complex medical conditions, the treatment needs of individuals who are under the influence of alcohol or other controlled substances, and the need to ensure that individuals receive treatment in the most appropriate setting to meet their physical and behavioral health care needs on the census at the Commonwealth’s state hospitals for individuals with mental illness. The work group shall also consider the potential impact of (i) extending the time frame during which an emergency custody order remains valid, (ii) revising security requirements to allow custody of a person who is the subject of an emergency custody order to be transferred from law enforcement to a hospital emergency department, (iii) diverting individuals who are the subject of an emergency custody order from hospital emergency departments to other, more appropriate locations for medical and psychological evaluations, and (iv) preventing unnecessary use of hospital emergency department resources by improving the efficiency of the evaluation process on the census at the Commonwealth’s state hospitals for individuals with mental illness. The work group shall include analysis of how such issues affect both adults and children. The work group shall develop recommendations, including recommendations for both long-term and short-term solutions to the high census at the Commonwealth’s state hospitals for individuals with mental illness, which shall include recommendations for statutory, regulatory, and budget actions to address the high census at the Commonwealth’s state hospitals for individuals with mental illness.

“Staffing support for the work group shall be provided by the Department of Behavioral Health and Developmental Services. The work group shall complete its work and report its recommendations to the Chairmen of the Joint Subcommittee to Study Mental Health Services in the Commonwealth in the Twenty-First Century, the House Committee on Appropriations, the House Committee for Courts of Justice, the Senate Committee on Finance, and the Senate Committee for Courts of Justice by November 1, 2019.”

Acts 2020, c. 362, cl. 1 provides: “That the Secretaries of Health and Human Resources and Public Safety and Homeland Security (the Secretaries) shall establish a work group to develop a plan to improve the Commonwealth’s response to exposure-prone incidents involving employees of law-enforcement agencies, volunteers and employees of fire departments and companies, and volunteers and employees of emergency medical services agencies and other appropriate entities. The work group shall include (i) the Superintendent of State Police, the Commissioner of Health, the Executive Director of the Department of Fire Programs, and the Director of the Department of General Services, or their designees; (ii) representatives of local law-enforcement agencies, fire departments and companies, and emergency medical services agencies; (iii) representatives of organizations representing law-enforcement officers, salaried and volunteer firefighters, and salaried and volunteer emergency medical services providers; and (iv) such other stakeholders as the Secretaries shall deem appropriate.

“In conducting its work, the work group shall:

“1. Develop a plan for the establishment of an entity to assist with the management of exposure-prone incidents involving employees of law-enforcement agencies, volunteers and employees of fire departments and companies, and volunteers and employees of emergency medical services agencies and other appropriate entities. Such assistance shall include assistance with (i) the process of confirming whether a volunteer or employee has been involved in an exposure-prone incident and, as a result of such exposure-prone incident, has been exposed to the body fluids of another person in a manner that may, according to the then-current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses; (ii) coordinating the process by which specimens of a person’s body fluids are collected and tested to determine whether the person was infected with human immunodeficiency virus or hepatitis B or C viruses; and (iii) coordinating the care and treatment of a volunteer or employee for whom post-exposure prophylactic treatment or other treatment is required. Such entity shall also be charged with (a) providing training and education to designated infection control officers and others on topics related to preventing exposure-prone incidents, identifying and responding to exposure-prone incidents, and treatment and follow-up care for volunteers and employees involved in exposure-prone incidents and (b) collecting data from law-enforcement agencies, fire departments and companies, emergency medical services agencies, and others regarding the number of requests for assistance in determining whether an exposure-prone incident has occurred, the number of confirmed exposure-prone incidents, the number of cases involving an exposure-prone incident in which a specimen was collected and tested and whether the person from whom such specimen was collected was deceased or living, the number of cases in which post-exposure prophylaxis was required, and, in cases in which post-exposure prophylaxis was required, the duration and cost of such treatment. In developing the plan, the work group shall evaluate and provide recommendations related to the appropriate state agency or body to operate or provide oversight of the entity, the structure and organization of the entity, the specific powers and duties of the entity, and the cost to establish the entity. The work group shall also provide specific recommendations for legislative, regulatory, or budgetary actions necessary to establish the entity; and

“2. Study and develop recommendations related to developing the ability to perform postmortem testing for infection with human immunodeficiency virus or hepatitis B or C viruses through the Division of Consolidated Laboratory Services. Such study shall include analysis of (i) the steps necessary to implement postmortem testing for infection with human immunodeficiency virus or hepatitis B or C viruses using a screening assay that is licensed for such purpose by the U.S. Food and Drug Administration, (ii) the potential cost to the Commonwealth of developing the ability to perform postmortem testing for infection with human immunodeficiency virus or hepatitis B or C viruses using a screening assay that is licensed for such purpose by the U.S. Food and Drug Administration through the Division of Consolidated Laboratory Services, and (iii) any potential savings to the Commonwealth resulting from implementing postmortem testing for infection with human immunodeficiency virus or hepatitis B or C viruses using a screening assay that is licensed for such purpose by the U.S. Food and Drug Administration through the Division of Consolidated Laboratory Services.

“The work group shall report its findings, conclusions, and recommendations to the Governor and the General Assembly by December 1, 2020.”

Acts 2020, cc. 364 and 737, cl. 1 provides: “That the Secretaries of Education and Health and Human Resources shall establish a work group to consist of the Commissioner of Behavioral Health and Developmental Services, the Superintendent of Public Education, the Director of Medical Assistance Services, the Commissioner of Social Services, and the Director of the Office of Children’s Services, or their designees, and representatives of hospitals providing services to children and adolescents, providers of residential psychiatric services for children and adolescents, community services boards, and behavioral health advocacy groups to (i) review the current process for approval of residential psychiatric placements and barriers to timely approval of residential psychiatric services for adolescents and children, (ii) develop recommendations for improving such process and ensuring timely approval of residential psychiatric placements and services for adolescents and children, and (iii) develop recommendations for a process to expedite approval of requests for residential psychiatric placements and services for adolescents and children who are receiving acute inpatient psychiatric services. The Commissioner of Behavioral Health and Developmental Services and the Director of Medical Assistance Services shall serve as co-chairs of the work group. The work group shall report its findings and recommendations to the Chairmen of the House Committee on Appropriations, the Senate Committee on Finance and Appropriations, and the Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century by December 1, 2020.”

Acts 2020, c. 711, cl. 1 provides: “That the Secretary of Health and Human Resources shall convene a work group to review the Commonwealth’s medical cannabis program and issues of critical importance to the medical cannabis industry and patients, including expansion of the medical cannabis program and the medical use of cannabis flowers. Work group members shall include the Secretary of Health and Human Resources, the Director of the Department of Health Professions, the executive director of the Board of Pharmacy, one member of the House of Delegates, one member of the Senate, three representatives of the medical cannabis industry who are currently licensed as pharmaceutical processors by the Board of Pharmacy, one person with expertise in issues of importance to patients who use medical cannabis for treatment or alleviation of the symptoms of a diagnosed condition or disease, and one member who is a physician who is currently registered with Board of Pharmacy to issue written certifications for use of cannabidiol oil and THC-A oil. The work group shall report its findings and recommendations, including any legislative recommendations, to the Governor, the Attorney General, and the Chairmen of the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health no later than October 1, 2020.”

Acts 2020, c. 849, cl. 1 provides: “That the Secretary of Health and Human Resources shall convene a work group to gather information and make recommendations on how the Commonwealth could develop or procure a statewide centralized primary source verification system that can be relied upon by the Commonwealth and its health carriers, health care providers, hospitals, and health systems for health care provider credentialing. Such stakeholders shall include the Virginia Association of Health Plans, the Medical Society of Virginia, the Virginia Council of Nurse Practitioners, the Virginia Hospital and Healthcare Association, and any other relevant stakeholders. The work group shall report its findings and recommendations to the Chairmen of the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health by November 15, 2020.”

Acts 2020, cc. 1072 and 1073, cl. 2 provides: “That the Secretary of Health and Human Resources shall establish a work group composed of the Secretary of Public Safety and Homeland Security or his designee; the Attorney General or his designee; the Directors of the Department of Medical Assistance Services, the Department of Criminal Justice Services, and the Department of Planning and Budget or their designees; the Executive Secretary of the Supreme Court or his designee; the Executive Director of the Virginia Workers’ Compensation Commission or his designee; and such other stakeholders as the Secretary of Health and Human Resources shall deem appropriate to evaluate (i) the feasibility and cost of expanding the type of services for which the Criminal Injuries Compensation Fund created pursuant to § 19.2-368.18 of the Code of Virginia will make awards to include claims or portions of claims based on the claimant’s actual expenses incurred for unreimbursed medical costs resulting from sexual abuse, including the cost of physical evidence recovery kit examinations conducted on victims of sexual assault, unreimbursed medical expenses or indebtedness reasonably incurred for medical expenses, expenses attributable to pregnancy resulting from such sexual abuse, and any other reasonable and necessary expenses and indebtedness associated with or attributable to the sexual abuse upon which such claim is based and (ii) the feasibility of transferring responsibility from the Virginia Workers’ Compensation Commission to the Department of Medical Assistance Services for the Sexual Assault Forensic Examination program (the SAFE program) and all related claims for medical expenses related to sexual assault, strangulation, domestic and intimate partner violence, human trafficking, and adult and child abuse. If the work group finds that it is not feasible to move responsibility for the SAFE program and related claims from the Virginia Workers’ Compensation Commission to the Department of Medical Assistance Services, the work group shall develop recommendations for creation of an efficient, seamless electronic medical claim processing system for hospitals and health care providers that coordinates payments from all available sources, suppresses explanations of benefits, and removes the patient from the medical billing and reimbursement process. The work group shall also provide recommendations related to (a) increasing the reimbursement rates for sexual assault forensic examinations to cover the actual cost of such examinations and (b) including reimbursement of costs associated with preparing for and participating in a criminal trial related to the sexual assault when a sexual assault forensic nurse is subpoenaed to participate in such trial as a cost that is reimbursable through the SAFE program. The work group’s report shall include specific legislative, regulatory, and budgetary changes necessary to implement the work group’s recommendations. The work group shall report its findings and recommendations to the Governor and the Chairmen of the House Committee on Appropriations, the Senate Committee on Finance and Appropriations, and the Joint Commission on Health Care by September 1, 2020.”

Acts 2020, cc. 1285 and 1286, cl. 2 provides: “That the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security shall convene a work group to study the impact on the Commonwealth of legalizing the sale and personal use of marijuana. The work group shall consult with the Attorney General of Virginia, the Commissioner of the Department of Taxation, the Commissioner of the Department of Motor Vehicles, the Commissioner of the Virginia Department of Agriculture and Consumer Services, the Executive Director of the Board of Pharmacy, the Director for the Center for Urban and Regional Analysis at the Virginia Commonwealth University L. Douglas Wilder School of Government and Public Affairs, the Virginia State Crime Commission, the Virginia Association of Commonwealth’s Attorneys, the Executive Director of Virginia NORML, a representative of the Virginia Alcoholic Beverage Control Authority, a representative of a current manufacturer of medical cannabis in Virginia, a medical professional, a member of a historically disadvantaged community, a representative of a substance abuse organization, and a representative of a community services board. In conducting its study, the work group shall review the legal and regulatory frameworks that have been established in states that have legalized the sale and personal use of marijuana and shall examine the feasibility of legalizing the sale and personal use of marijuana, the potential revenue impact of legalization on the Commonwealth, the legal and regulatory framework necessary to successfully implement legalization in the Commonwealth, and the health effects of marijuana use. The work group shall complete its work and report its recommendations to the General Assembly and the Governor by November 30, 2020.”

Acts 2021, Sp. Sess. I., c. 423, cl. 1 provides: “That the Secretary of Natural and Historic Resources, the Secretary of Health and Human Resources, and the Secretary of Commerce and Trade shall establish a work group to study the mining and processing of gold in the Commonwealth. Such work group shall include representation from the Virginia Council on Environmental Justice established pursuant to Article 36 (§ 2.2-2699.8 et seq.) of Chapter 26 of Title 2.2 of the Code of Virginia as well as the following stakeholder groups: experts in mining, hydrology, toxicology, geology, and public health; environmental organizations; representatives of potentially affected communities in localities with significant deposits of gold; and residents of Native American communities in such localities. The work group shall (i) evaluate the impacts of the mining and processing of gold on public health, safety, and welfare in the Commonwealth; (ii) evaluate whether existing air and water quality regulations are sufficient to protect air and water quality in the Commonwealth from the mining and processing of gold, including evaluation of the impacts of different leaching and tailings management techniques on downstream communities; (iii) evaluate whether existing bonding, reclamation, closure, and long-term monitoring of sites for such mining or processing are sufficient; and (iv) report its findings to the Department of Mines, Minerals and Energy no later than December 1, 2022.”

The 2004 amendments.

The 2004 amendment by c. 14 deleted “Governor’s Employment and Training Department” preceding “Child Day-Care Council” in the second sentence of the first paragraph.

The 2004 amendment by c. 142 deleted “Council on Indians” following “Medical Assistance Services” in the second sentence of the first paragraph.

The 2006 amendments.

The 2006 amendments by cc. 344 and 380 are identical, and in the second sentence of the first paragraph, added “and the Assistive Technology Loan Fund Authority” and made a related change.

The 2007 amendments.

The 2007 amendments by cc. 10 and 399 are identical, and rewrote clause (i) of the second paragraph which had read: “coordinate the work of state agencies to implement the long-term care policy of the Commonwealth.”

The 2007 amendments by cc. 534 and 581 are identical, and in the last paragraph, added clause (iii) and made related changes.

The 2009 amendments.

The 2009 amendments by cc. 813 and 840 are identical, and substituted “Department of Behavioral Health and Developmental Services” for “Department of Mental Health, Mental Retardation and Substance Abuse Services” near the middle of the first paragraph.

The 2010 amendments.

The 2010 amendments by cc. 411 and 801 are identical, and in the second paragraph, inserted “and for the blueprint for livable communities 2025 throughout the Commonwealth” and made a related change.

The 2012 amendments.

The 2012 amendments by cc. 803 and 835, cl. 59, are identical, and in the second sentence of the first paragraph, deleted “Department for the Aging” following “Department of Health Professions” and substituted “Department for Aging and Rehabilitative Services” for “Department of Rehabilitative Services.” Acts 2012, cc. 803 and 835, cl. 75, also amended this section by deleting “Child Day-Care Council” following “Department of Medical Assistance Services” in the second sentence of the first paragraph.

The 2014 amendments.

The 2014 amendments by c. 115, effective March 3, 2014, and c. 490, effective April 2, 2014, are identical, and in the second paragraph, clause (ii), inserted “and Homeland Security.”

The 2015 amendments.

The 2015 amendment by c. 366 substituted “Office of Children’s Services” for “Office of Comprehensive Services for Youth and At-Risk Youth and Families” in the first paragraph; and substituted “Children’s Services Act” for “Comprehensive Services Act for At-Risk Youth and Families” in the second paragraph.

The 2017 amendments.

The 2017 amendment by c. 467 inserted subsection B, and redesignated former subsection B as subsection C.

The 2021 Sp. Sess. I amendments.

The 2021 amendments by Sp. Sess. I, cc. 306 and 307, effective July 1, 2021, are identical, and added “and the Opioid Abatement Authority” in subsection A and made related changes.

Law Review.

For 2007 annual survey article, “Health Care Law,” see 42 U. Rich. L. Rev. 441 (2007).

Research References.

Health Care Law Monthly (Matthew Bender).

Health Care Law: A Practical Guide (Matthew Bender). Becker.

§ 2.2-213. Secretary of Health and Human Resources to develop certain criteria.

In order to respond to the needs of substance abusing women and their children, the Secretary shall develop criteria for (i) enhancing access to publicly funded substance abuse treatment programs in order to effectively serve pregnant substance abusers; (ii) determining when a drug-exposed child may be referred to the early intervention services and tracking system available through Part C of the Individuals with Disabilities Education Act, 20 U.S.C. § 1431 et seq.; (iii) determining the appropriate circumstances for contact between hospital discharge planners and local departments of social services for referrals for family-oriented prevention services, when such services are available and provided by the local social services agency; and (iv) determining when the parent of a drug-exposed infant, who may be endangering a child’s health by failing to follow a discharge plan, may be referred to the child protective services unit of a local department of social services.

The Secretary shall consult with the Commissioner of Behavioral Health and Developmental Services, the Commissioner of Social Services, the Commissioner of Health, community services boards, behavioral health authorities, local departments of social services, and local departments of health in developing the criteria required by this section.

History. 1992, c. 428, § 2.1-51.15:1; 2001, c. 844; 2009, cc. 813, 840.

The 2009 amendments.

The 2009 amendments by cc. 813 and 840 are identical, and substituted “Commissioner of Behavioral Health and Developmental Services” for “Commissioner of Mental Health, Mental Retardation and Substance Abuse Services” near the beginning of the second paragraph.

§ 2.2-213.1. Secretary of Health and Human Resources and Commissioner of Insurance to develop long-term care public information campaign.

  1. In order to respond to the burgeoning population of seniors in the Commonwealth, the Secretary of Health and Human Resources and the Commissioner of Insurance shall develop a public information campaign to inform the citizens of the Commonwealth of (i) the impending crisis in long-term care, (ii) the effect of the impending crisis on the Virginia Medicaid program and on the finances of families and their estates, (iii) innovative alternatives and combinations of institutional and community-based long-term care services, and (iv) the requirements for long-term care insurance certificates and policies and the meaning of terminology used in such certificates and policies.
  2. The Secretary of Health and Human Resources and the Commissioner of Insurance shall enlist the assistance of the Board of Health and the Commissioner of Health, in the exercise of their responsibilities set forth in Title 32.1 to protect, implement, and preserve the public health, in disseminating the information concerning long-term care to the public.

History. 2005, c. 92.

§ 2.2-213.2. Secretary to coordinate system for children with incarcerated parents.

The Secretary of Health and Human Resources, in consultation with the Secretary of Public Safety and Homeland Security, shall establish an integrated system for coordinating the planning and provision of services for children with incarcerated parents among state, local, nonprofit agencies, and faith-based organizations in order to provide such children with services needed to continue parental relationships with the incarcerated parent, where appropriate, and encourage healthy relationships in the family and community.

History. 2006, c. 366; 2014, cc. 115, 490.

The 2014 amendments.

The 2014 amendments by c. 115, effective March 3, 2014, and c. 490, effective April 2, 2014, are identical and inserted “and Homeland Security.”

§ 2.2-213.3. Secretary to coordinate electronic prescribing clearinghouse.

  1. In order to promote the implementation of electronic prescribing by health practitioners, health care facilities, and pharmacies in order to prevent prescription drug abuse, improve patient safety, and reduce unnecessary prescriptions, the Secretary of Health and Human Resources, in consultation with the Secretary of Administration, shall establish a website with information on electronic prescribing for health practitioners. The website shall contain (i) information concerning the process and advantages of electronic prescribing, including using medical history data to prevent drug interactions, prevent allergic reactions, and deter abuse of controlled substances; (ii) information regarding the availability of electronic prescribing products, including no-cost or low-cost products; (iii) links to federal and private-sector websites that provide guidance on selecting electronic prescribing products; and (iv) links to state, federal, and private-sector incentive programs for the implementation of electronic prescribing.
  2. The Secretary of Health and Human Resources, in consultation with the Secretary of Administration, shall regularly consult with relevant public and private stakeholders to assess and accelerate the implementation of electronic prescribing in Virginia. For purposes of this section, relevant stakeholders include, but are not limited to, organizations that represent health practitioners, organizations that represent health care facilities, organizations that represent pharmacies, organizations that operate electronic prescribing networks, organizations that create electronic prescribing products, and regional health information organizations.

History. 2009, c. 479; 2020, c. 738.

Editor’s note.

Acts 2009, c. 479, cl. 3, provides: “That the Department of Medical Assistance Services shall develop a plan for programs and incentives to encourage Medicaid providers in the Commonwealth to adopt and utilize electronic prescribing. Such programs and incentives shall consider the advantages of electronic prescribing in improved patient safety, as well as the efficiencies and cost savings that may be recognized by the Commonwealth in encouraging the adoption of electronic prescribing. The Department shall report to the Governor and the General Assembly no later than December 1, 2009, as to recommendations concerning programs and incentives. The Department is also encouraged to pursue opportunities with the private sector in implementing electronic prescribing programs.”

The 2020 amendments.

The 2020 amendment by c. 738 substituted “Administration” for “Technology” wherever it appears.

§ 2.2-213.4. Secretary of Health and Human Resources to develop blueprint for long-term services and supports.

The Secretary shall convene, as appropriate, such other heads of executive branch secretariats, state agencies and other public and private agencies and entities to develop a blueprint for livable communities and long-term services and supports for older Virginians and people with disabilities. The blueprint shall include planning through the year 2025 and shall be comprehensive and inclusive of issues related to active, daily life in communities across the Commonwealth. The blueprint shall build upon existing plans and reports and shall focus on (i) community integration and involvement, (ii) availability and accessibility of services and supports, and (iii) integration and participation in the economic mainstream. The blueprint shall be submitted to the Governor and Chairs of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations no later than June 30, 2011.

History. 2010, cc. 411, 801.

Editor’s note.

The Virginia Code Commission authorized the substitution of “Chairs of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations” for “Chairs of the Appropriations Committee of the House of Delegates and the Finance Committee of the Senate.” March 10, 2021.

§ 2.2-213.5. Dissemination of information about specialized training to prevent and minimize mental health crisis.

The Secretary of Health and Human Resources and the Secretary of Public Safety and Homeland Security shall encourage the dissemination of information about specialized training in evidence-based strategies to prevent and minimize mental health crises in all jurisdictions. This information shall be disseminated to, but not limited to, law-enforcement personnel, other first responders, hospital emergency department personnel, school personnel, and other interested parties, to the extent possible. These strategies shall include (i) crisis intervention team (CIT) training for law-enforcement personnel and other first responders as designated by the community CIT task force and (ii) mental health first aid training for other first responders, hospital emergency department personnel, school personnel, and other interested parties. The Secretary of Health and Human Resources and the Secretary of Public Safety and Homeland Security shall encourage adherence to the models of training and achievement of programmatic goals and standards. The goals for CIT training shall include (i) training participants to recognize the signs and symptoms of behavioral health disorders; (ii) teaching participants the skills necessary to de-escalate crisis situations and how to support individuals in crisis; (iii) educating participants about community-based resources available to individuals in crisis; and (iv) enhancing participants’ ability to communicate with health systems about the nature of the crisis to include rules regarding confidentiality and protected health information. The goals for mental health first aid training shall be to teach the public (to include first responders, school personnel, and other interested parties) how to recognize symptoms of mental health problems, how to offer and provide initial help, and how to guide a person toward appropriate treatments and other supportive help.

History. 2014, c. 601.

Editor’s note.

Acts 2014, c. 601 was codified as this section at the direction of the Virginia Code Commission.

In the first and fourth sentences, “Secretary of Public Safety and Homeland Security” was substituted for “Secretary of Public Safety” to conform to Acts 2014, cc. 115 and 490.

§ 2.2-214. Responsibility of certain agencies within the Secretariat; review of regulations.

The Boards of Health, Behavioral Health and Developmental Services, Social Services, and Medical Assistance Services and the Department for Aging and Rehabilitative Services shall review their regulations and policies related to service delivery in order to ascertain and eliminate any discrimination against individuals infected with human immunodeficiency virus.

History. 1989, c. 613, § 2.1-51.14:1; 1992, c. 755; 2001, c. 844; 2009, cc. 813, 840; 2012, cc. 803, 835.

The 2009 amendments.

The 2009 amendments by cc. 813 and 840 are identical and substituted “Boards of Health, Behavioral Health and Developmental Services” for “Boards of Health, Mental Health, Mental Retardation and Substance Abuse Services.”

The 2012 amendments.

The 2012 amendments by cc. 803 and 835, cl. 59, are identical, and substituted “Department for Aging and Rehabilitative Services” for “Department of Rehabilitative Services.”

Michie’s Jurisprudence.

For related discussion, see 9A M.J. Health and Sanitation, § 1.

§ 2.2-214.1. Healthy Lives Prescription Fund; nonreverting; purposes; report.

  1. There is hereby created in the Department of the Treasury a special nonreverting fund that shall be known as the Healthy Lives Prescription Fund.
  2. The Fund shall be established on the books of the Comptroller. The Fund shall consist of such moneys appropriated by the General Assembly and any funds available from the federal government, donations, grants, and in-kind contributions made to the Fund for the purposes stated herein. 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.
  3. Moneys in the Fund shall be available to develop and implement programs that will enhance current prescription drug programs for citizens of the Commonwealth who are without insurance or ability to pay for prescription drugs and to develop innovative programs to make such prescription drugs more available.
  4. The Secretary shall provide an annual report on the status of the Fund and efforts to meet the goals of the Fund.

History. 2003, cc. 661, 674.

Article 6.1. Secretary of Labor.

§ 2.2-214.2. Position established; agencies for which responsible.

The position of Secretary of Labor (the Secretary) is created. The Secretary shall be responsible to the Governor for the following agencies: the Department of Labor and Industry, the Department of Professional and Occupational Regulation, and the Virginia Employment Commission. The Governor, by executive order, may assign any state executive agency to the Secretary.

History. 2021, Sp. Sess. I, c. 453.

Effective date.

This section is effective July 1, 2021.

§ 2.2-214.3. Responsibilities of the Secretary.

  1. The Secretary shall assist the Governor in his capacity as the Chief Workforce Development Officer for the Commonwealth pursuant to § 2.2-435.6 . The Secretary shall be responsible for the duties assigned to him pursuant to this article, Chapter 4.2 (§ 2.2-435.6 et seq.), Article 24 (§ 2.2-2470 et seq.) of Chapter 24, and other tasks as may be assigned to him by the Governor.
  2. The Chief Workforce Development Officer’s responsibilities as carried out by the Secretary of Labor shall include:
    1. Developing a strategic plan for the statewide delivery of workforce development and training programs and activities. The strategic plan shall be developed in coordination with the development of the comprehensive economic development policy required by § 2.2-205 . The strategic plan shall include performance measures that link the objectives of such programs and activities to the record of state agencies, local workforce development boards, and other relevant entities in attaining such objectives;
    2. Determining the appropriate allocation, to the extent permissible under applicable federal law, of funds and other resources that have been appropriated or are otherwise available for disbursement by the Commonwealth for workforce development programs and activities;
    3. Ensuring that the Commonwealth’s workforce development efforts are implemented in a coordinated and efficient manner by, among other activities, taking appropriate executive action to this end and recommending to the General Assembly necessary legislative actions to streamline and eliminate duplication in such efforts;
    4. Facilitating efficient implementation of workforce development and training programs by Cabinet Secretaries and agencies responsible for such programs;
    5. Developing, in coordination with the Virginia Board of Workforce Development, (i) certification standards for programs and providers and (ii) uniform policies and procedures, including standardized forms and applications, for one-stop centers;
    6. Monitoring, in coordination with the Virginia Board of Workforce Development, the effectiveness of each one-stop center and recommending actions needed to improve its effectiveness;
    7. Establishing measures to evaluate the effectiveness of the local workforce development boards and conducting annual evaluations of the effectiveness of each local workforce development board. As part of the evaluation process, the Governor shall recommend to such boards specific best management practices;
    8. Conducting annual evaluations of the performance of workforce development and training programs and activities and their administrators and providers using the performance measures developed through the strategic planning process described in subdivision 1. The evaluations shall include, to the extent feasible, (i) a comparison of the per-person costs for each program or activity, (ii) a comparative rating of each program or activity based on its success in meeting program objectives, and (iii) an explanation of the extent to which each agency’s appropriation requests incorporate the data reflected in the cost comparison described in clause (i) and the comparative rating described in clause (ii). These evaluations, including the comparative rankings, shall be considered in allocating resources for workforce development and training programs. These evaluations shall be submitted to the Chairmen of the House Committee on Labor and Commerce and the Senate Committee on Commerce and Labor and included in the biennial reports pursuant to subdivision 10;
    9. Monitoring federal legislation and policy in order to maximize the Commonwealth’s effective use of access to federal funding available for workforce development programs; and
    10. Submitting biennial reports, which shall be included in the Governor’s executive budget submissions to the General Assembly, on improvements in the coordination of workforce development efforts statewide. The reports shall identify (i) program success rates in relation to performance measures established by the Virginia Board of Workforce Development, (ii) obstacles to program and resource coordination, and (iii) strategies for facilitating statewide program and resource coordination.

History. 2021, Sp. Sess. I, c. 453.

Effective date.

This section is effective July 1, 2021.

Article 7. Secretary of Natural and Historic Resources.

§ 2.2-215. Position established; agencies for which responsible.

The position of Secretary of Natural and Historic Resources (the Secretary) is created. The Secretary shall serve as the Chief Resilience Officer for the purposes of duties required pursuant to § 2.2-222.4 , and shall be responsible to the Governor for the following agencies: Department of Conservation and Recreation, Department of Historic Resources, Marine Resources Commission, Department of Wildlife Resources, and the Department of Environmental Quality. The Governor may, by executive order, assign any state executive agency to the Secretary of Natural and Historic Resources, or reassign any agency listed in this section to another Secretary.

History. 1972, c. 641, §§ 2.1-51.7, 2.1-51.9; 1974, cc. 44, 45, 354, 420; 1975, c. 390; 1976, cc. 729, 732, 733, 734, 743, 767; 1978, c. 32; 1979, c. 294; 1982, c. 459; 1984, cc. 590, 720, 739, 750; 1985, cc. 193, 447, 448; 1986, cc. 335, 492, 567, 492; 1988, cc. 608, 707, 891; 1989, c. 656; 1992, c. 887; 2001, c. 844; 2004, c. 142; 2005, c. 41; 2012, cc. 803, 835; 2020, c. 958; 2021, Sp. Sess. I, c. 401.

Editor’s note.

Acts 2012, cc. 803 and 835, cl. 92 provides: “That, on and after July 1, 2012, the Department of Conservation and Recreation shall be the successor in interest in matters related to the duties, responsibilities, and functions of the Chippokes Plantation Farm Foundation. All right, title, and interest in and to any real or tangible personal property vested in the Chippokes Plantation Farm Foundation shall be transferred to and taken as standing in the name of the Department of Conservation and Recreation.”

Acts 2018, cc. 111 and 622, cl. 1 provides: “§ 1. The Secretary of Natural Resources, on behalf of the Commonwealth, shall endeavor to enter into a memorandum of understanding, memorandum of agreement, or similar protocol with the United States to accomplish and expedite the transfer or assignment, in such instances and upon such terms as the Secretary may deem appropriate, of the Commonwealth’s easement interests in battlefield lands located within the boundaries of federal battlefield parks. By October 1, 2018, the Secretary shall report on the status of this protocol to the Chairmen of the Senate Committee on Agriculture, Conservation and Natural Resources and the House Committee on Agriculture, Chesapeake and Natural Resources.”

Acts 2021, Sp. Sess. I, c. 401, effective July 1, 2021, inserted “and Historic” in the article heading.

Acts 2021, Sp. Sess. I., c. 423, cl. 1 provides: “That the Secretary of Natural and Historic Resources, the Secretary of Health and Human Resources, and the Secretary of Commerce and Trade shall establish a work group to study the mining and processing of gold in the Commonwealth. Such work group shall include representation from the Virginia Council on Environmental Justice established pursuant to Article 36 (§ 2.2-2699.8 et seq.) of Chapter 26 of Title 2.2 of the Code of Virginia as well as the following stakeholder groups: experts in mining, hydrology, toxicology, geology, and public health; environmental organizations; representatives of potentially affected communities in localities with significant deposits of gold; and residents of Native American communities in such localities. The work group shall (i) evaluate the impacts of the mining and processing of gold on public health, safety, and welfare in the Commonwealth; (ii) evaluate whether existing air and water quality regulations are sufficient to protect air and water quality in the Commonwealth from the mining and processing of gold, including evaluation of the impacts of different leaching and tailings management techniques on downstream communities; (iii) evaluate whether existing bonding, reclamation, closure, and long-term monitoring of sites for such mining or processing are sufficient; and (iv) report its findings to the Department of Mines, Minerals and Energy no later than December 1, 2022.”

Acts 2021, Sp. Sess. I, c. 504, cl. 1 provides:

Ҥ 1 A. The Secretary of Natural and Historic Resources shall, jointly with the Secretary of Agriculture and Forestry, convene a task force for the purpose of studying carbon sequestration in the Commonwealth.

“B. The task force shall be composed of the Secretary of Natural and Historic Resources and the Secretary of Agriculture and Forestry; the Director of the Department of Environmental Quality or his designee; the Director of the Department of Conservation and Recreation or his designee; the Director of the Department of Wildlife Resources or his designee; the Commissioner of Agriculture and Consumer Services or his designee; the Virginia State Forester or his designee; the Marine Resources Commissioner or his designee; technical experts from the University of Virginia, the Virginia Polytechnic Institute and State University, the Virginia Institute of Marine Sciences, and Virginia State University; a representative from each of the Virginia Farm Bureau, the Virginia Agribusiness Council, the Virginia Association of Soil and Water Conservation Districts, the Virginia Forestry Association, the Virginia Cooperative Extension, the Chesapeake Bay Foundation, Shellfish Growers of Virginia, and the Nature Conservancy and other conservation organizations; and other technical experts, as needed. The Secretary of Natural and Historic Resources and the Secretary of Agriculture and Forestry shall serve as co-chairs of the task force.

“C. The task force shall (i) consider possible methods of increasing carbon sequestration within the natural environment through state land and marine resources use policies; agricultural, aquacultural, and silvicultural practices; and other practices to achieve natural resources restoration and long-term conservation; (ii) recommend short-term and long-term benchmarks for increasing carbon sequestration; (iii) develop a standardized methodology to establish baseline carbon levels and account for increases in carbon sequestration over time; (iv) identify existing carbon markets and considerations relevant to potential participation by the Commonwealth; and (v) identify other potential funding mechanisms to encourage carbon sequestration practices in the Commonwealth.

“D. The task force shall, before the first day of the 2022 Session of the General Assembly, submit a report of its findings to the Chairs of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources.”

The 2004 amendments.

The 2004 amendment by c. 142 inserted “Council on Indians” following “Museum of Natural History” in the second sentence.

The 2005 amendments.

The 2005 amendment by c. 41 deleted “Chesapeake Bay Local Assistance Department” following “Chippokes Plantation Farm Foundation.”

The 2012 amendments.

The 2012 amendments by cc. 803 and 835, cl. 90, are identical, and deleted “Chippokes Plantation Farm Foundation” preceding “Virginia Museum of Natural History” in the second sentence. Acts 2012, cc. 803 and 835, cl. 96, deleted “Council on Indians” following “Virginia Museum of Natural History” in the second sentence, and substituting “in this section” for “above” in the last sentence.

The 2020 amendments.

The 2020 amendment by c. 958 substituted “Department of Wildlife Resources” for “Department of Game and Inland Fisheries” in the middle sentence.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 401, effective July 1, 2021, inserted “and Historic” in the first and second sentences; and, in the first sentence, inserted “serve as the Chief Resilience Officer for the purposes of duties required pursuant to § 2.2-222.4 , and shall” and deleted “Virginia Museum of Natural History” preceding “and the Department of Environmental Quality.”

§ 2.2-216. Coordination of water quality information; monitoring the quality of the waters, habitat, and living resources of Chesapeake Bay and its tributaries.

The Secretary shall:

  1. Serve as the lead Secretary for the coordination of technical assistance, information, and training to ensure that consistent water quality information is provided to all citizens of the Commonwealth; and
  2. Consult with the Secretary of Agriculture and Forestry and the Secretary of Health and Human Resources and cooperate with appropriate state and federal agencies in the development and implementation of a comprehensive program to monitor the quality of the waters, habitat, and the living resources of the Chesapeake Bay and its tributaries.

History. 1984, c. 183, § 2.1-51.8:2; 1986, c. 492; 2001, c. 844; 2004, c. 58; 2008, c. 368.

The 2004 amendments.

The 2004 amendment by c. 58 inserted “habitat” in the first sentence and deleted the former last sentence, which read: “The Secretary shall report biennially in even-numbered years to the General Assembly on the results of this monitoring program and the status of the resources of the Chesapeake Bay and its tributaries.”

The 2008 amendments.

The 2008 amendment by c. 368 rewrote the section, which read: “The Secretary shall cooperate with appropriate state and federal agencies in the development and implementation of a comprehensive program to monitor the quality of the waters, habitat, and the living resources of the Chesapeake Bay and its tributaries.”

§ 2.2-217. Friend of the Bay Award.

The Secretary shall establish the “Friend of the Bay Award” program. The program shall annually recognize those individuals, businesses, organizations and other entities that have made significant efforts to preserve and enhance the Chesapeake Bay and its tributaries. The program shall make such awards on a noncompetitive basis, using criteria to be developed by the Secretary, in consultation with those agencies within the Secretariat, the Virginia delegation to the Chesapeake Bay Commission and the Citizens Advisory Committee to the Chesapeake Executive Council.

History. 1994, c. 392, § 2.1-51.8:3; 2001, c. 844.

§ 2.2-218. Development of Watershed Implementation Plans to restore the water quality and living resources of the Chesapeake Bay and its tributaries.

The Secretary shall coordinate the development of Watershed Implementation Plans (WIPs) pursuant to the total maximum daily load (TMDL) for the Chesapeake Bay released by the U.S. Environmental Protection Agency in December 2010 and amendment thereto. The WIPs shall be designed to improve water quality and restore the living resources of the Chesapeake Bay and its tributaries. The WIPs shall be developed in consultation with affected stakeholders, including local government officials; wastewater treatment operators; seafood industry representatives; commercial and recreational fishing interests; developers; farmers; local, regional and statewide conservation and environmental interests; and the Virginia delegation to the Chesapeake Bay Commission.

History. 1996, c. 1031, § 2.1-51.12:1; 1999, c. 548; 2001, c. 844; 2003, c. 885; 2015, c. 380.

Editor’s note.

Acts 2021, Sp. Sess. I, cc. 363 and 364, cl. 4 provides: “That if the Secretary of Natural and Historical Resources (the Secretary) determines on or after July 1, 2026, that the Commonwealth has not achieved, or in the event of increased nutrient loads associated with climate change will not be able to maintain, its nitrogen pollution reduction commitments in the Chesapeake Bay Total Maximum Daily Load (TMDL) Phase III Watershed Implementation Plan, the Secretary may develop an additional watershed implementation plan or plans pursuant to § 2.2-218 of the Code of Virginia. Any such plan shall take into consideration the progress made by all point and nonpoint sources toward meeting applicable load and waste load allocations, the best available science and water quality modeling, and any applicable U.S. Environmental Protection Agency guidance for Chesapeake Bay TMDL implementation. In any such plan, the Secretary may include as priority projects upgrades with nutrient removal technology of 4.0 mg/L annual average total nitrogen concentration at municipal wastewater treatment facilities with a design capacity greater than 10.0 MGD discharging to James River Segment JMSTF2 so long as (i) the scheduled date for compliance is January 1, 2036; (ii) notwithstanding the wasteload allocations specified in clause (iii), compliance requires operating the nutrient removal technology to achieve an annual average total nitrogen concentration of less than or equal to 4.0 mg/L or, until such time as the facility is upgraded to achieve such concentration, the option of achieving an equivalent discharged load based on an annual average total nitrogen concentration of 4.0 mg/L and actual annual flow treated, including the use of point source nitrogen credits; and (iii) the facilities have and retain the following total nitrogen waste load allocations: Falling Creek WWTP (182,738 lbs/year), Proctors Creek WWTP (411,151 lbs/year and, in the event that Proctors Creek WWTP is expanded in accordance with 9VAC25-40-70 and Falling Creek WWTP is upgraded to achieve 4.0 mg/L, 493,391 lbs/year), and Henrico County WWTP (1,142,085 lbs/year). If the Secretary opts to include such facilities in the plan, the State Water Control Board shall include the foregoing concentrations limits, waste load allocations, and schedules for compliance in the Water Quality Management Planning Regulation, the Watershed General Virginia Pollutant Discharge Elimination System permit, and individual VPDES permits, as applicable.”

The 2003 amendments.

The 2003 amendment by c. 885 deleted “the Virginia Chesapeake Bay Partnership Council” following “environmental interests.”

The 2015 amendments.

The 2015 amendment by c. 380 rewrote the section.

§ 2.2-219. Repealed by Acts 2016, c. 120, cl. 1.

Editor’s note.

Former § 2.2-219 , pertaining to tributary plan content and development timelines, derived from Acts 1996, c. 1031, § 2.1-51.12:2; 1997, c. 22; 1999, c. 548; 2001, c. 844.

§ 2.2-220. Repealed by Acts 2015, c. 48, cl. 1.

Editor’s note.

Former § 2.2-220 pertained to annual reporting requirement for the secretary, derived from 1996, c. 1031, § 2.1-51.12:3; 2001, c. 844; 2003, c. 885; 2007, c. 637.

§ 2.2-220.1. Chesapeake Bay Watershed Agreement; annual report.

By November 1 of each year, the Secretary of Natural and Historic Resources shall report to the Governor and the Chairs of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources on the implementation of the 2014 Chesapeake Bay Watershed Agreement. The Secretary may use documents, reports, and other materials developed in cooperation with other signatories to the agreement, including the U.S. Environmental Protection Agency and other relevant federal agencies or nongovernmental organizations, to fulfill this reporting requirement.

History. 2001, c. 259, § 2.1-51.12:4; 2015, c. 475; 2021, Sp. Sess. I, c. 401.

Editor’s note.

Acts 2001, c. 259 enacted § 2.1-51.12:4, from which this section is derived. Pursuant to § 30-152, Acts 2001, c. 259 has been given effect in this section as set out above.

The 2015 amendments.

The 2015 amendment by c. 475 rewrote the section.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 401, effective July 1, 2021, inserted “and Historic.”

§ 2.2-220.2. Development of strategies to prevent the introduction of, to control, and to eradicate invasive species.

  1. The Secretaries of Natural and Historic Resources and Agriculture and Forestry shall coordinate the development of strategic actions to be taken by the Commonwealth, individual state and federal agencies, private businesses, and landowners related to invasive species prevention, early detection and rapid response, control and management, research and risk assessment, and education and outreach. Such strategic actions shall include the development of a state invasive species management plan. The plan shall include a list of invasive species that pose the greatest threat to the Commonwealth. The primary purposes of the plan shall be to address the rising cost of invasive species, to improve coordination among state and federal agencies’ efforts regarding invasive species prevention and management and information exchange, and to educate the public on related matters. The Secretaries of Natural and Historic Resources and Agriculture and Forestry shall update the state invasive species management plan at least once every four years. The Department of Conservation and Recreation shall provide staff support.
  2. The Secretary of Natural and Historic Resources shall establish and serve as chair of an advisory group to develop an invasive species management plan and shall coordinate and implement recommendations of that plan. Other members of the advisory group shall include the Departments of Conservation and Recreation, Wildlife Resources, Environmental Quality, Forestry, Agriculture and Consumer Services, Health, and Transportation; the Marine Resources Commission; the Virginia Cooperative Extension; the Virginia Institute of Marine Science; representatives of the agriculture and forestry industries; the conservation community; interested federal agencies; academic institutions; and commercial interests. The Secretary of Agriculture and Forestry shall serve as the vice-chair of the advisory group. The advisory group shall meet at least twice per year and shall utilize ad hoc committees as necessary with special emphasis on working with affected industries, landowners, and citizens, and shall assist the Secretary to:
    1. Prevent additional introductions of invasive species to the lands and waters of the Commonwealth;
    2. Procure, use, and maintain native species to replace invasive species;
    3. Implement targeted control efforts on those invasive species that are present in the Commonwealth but are susceptible to such management actions;
    4. Identify and report the appearance of invasive species before they can become established and control becomes less feasible;
    5. Implement immediate control measures if a new invasive species is introduced in Virginia, with the aim of eradicating that species from Virginia’s lands and waters if feasible given the degree of infestation; and
    6. Recommend legislative actions or pursue federal grants to implement the plan.
  3. As used in this section, “invasive species” means a species, including its seeds, eggs, spores or other biological material capable of propagating that species, that is not native to the ecosystem and whose introduction causes or is likely to cause economic or environmental harm or harm to human health; however, this definition shall not include (i) any agricultural crop generally recognized by the United States Department of Agriculture or the Virginia Department of Agriculture and Consumer Services as suitable to be grown in the Commonwealth, or (ii) any aquacultural organism recognized by the Marine Resources Commission or the Department of Wildlife Resources as suitable to be propagated in the Commonwealth.Nothing in this section shall affect the authorities of any agency represented on the advisory group with respect to invasive species.

History. 2009, cc. 144, 619; 2020, c. 958; 2021, Sp. Sess. I, c. 401.

Editor’s note.

Acts 2017, cc. 213 and 392, cl. 3 provides: “That the Department of Agriculture and Consumer Services (VDACS), the Department of Conservation and Recreation, and the Department of Forestry shall enter into a Memorandum of Understanding that clarifies the roles of the VDACS noxious weeds regulations and the work of the Virginia Invasive Species Working Group.”

The 2020 amendments.

The 2020 amendment by c. 958 in subsection B, substituted “Wildlife Resources” for “Game and Inland Fisheries” in the second sentence; and in subsection C, substituted “Department of Wildlife Resources” for “Department of Game and Inland Fisheries” in clause (ii).

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 401, effective July 1, 2021, inserted “and Historic” in subsections A and B.

§ 2.2-220.3. Development of strategies to collect land use and conservation information.

The Secretary of Natural and Historic Resources, with assistance from the Secretary of Agriculture and Forestry, shall establish and maintain a database of the critical data attributes for onsite best management practices implemented in the Commonwealth that limit the amount of nutrients and sediment entering state waters. The database shall document voluntary actions taken by the agricultural and silvicultural sectors and should enable the application of the collected data towards projections of progress towards Virginia’s water quality goals by sharing the data with the appropriate federal or state agencies. To the extent possible or appropriate, the database shall (i) be uniform in content and format to applications in the other states of the Chesapeake Bay watershed, (ii) maintain the confidentiality of information, and (iii) use existing methods of data collection including reports to the U.S. Department of Agriculture’s Farm Service Agency, soil and water conservation districts, and localities for the purpose of land use valuation. Any information collected pursuant to this section shall be exempt from the Freedom of Information Act (§ 2.2-3700 et seq.).

History. 2010, c. 172; 2021, Sp. Sess. I, c. 401.

Editor’s note.

Acts 2010, c. 172, cl. 3, provides: “That an emergency exists and this act is in force from its passage [March 13, 2010].”

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 401, effective July 1, 2021, inserted “and Historic.”

§ 2.2-220.4. National Flood Insurance Program; annual report.

The Secretary shall report participation by affected localities in the Community Rating System (CRS) of the National Flood Insurance Program (42 U.S.C. § 4001 et seq.) to the Governor and the General Assembly no later than November 1, 2018. The report shall list any affected locality that does not participate in the CRS, determine the costs and benefits to localities of participation in the CRS, and recommend any legislation necessary to encourage participation.

History. 2017, c. 274.

Article 8. Secretary of Public Safety and Homeland Security.

§ 2.2-221. Position established; agencies for which responsible; additional powers and duties.

  1. The position of Secretary of Public Safety and Homeland Security (the Secretary) is created. The Secretary shall be responsible to the Governor for the following agencies: the Virginia Alcoholic Beverage Control Authority, Department of Corrections, Department of Juvenile Justice, Department of Criminal Justice Services, Department of Forensic Science, Virginia Parole Board, Department of Emergency Management, Department of State Police, Department of Fire Programs, and Commonwealth’s Attorneys’ Services Council. The Governor may, by executive order, assign any other state executive agency to the Secretary, or reassign any agency listed above to another Secretary.
  2. The Secretary shall by reason of professional background have knowledge of law enforcement, public safety, or emergency management and preparedness issues, in addition to familiarity with the structure and operations of the federal government and of the Commonwealth.Unless the Governor expressly reserves such power to himself, the Secretary shall:
    1. Work with and through others, including federal, state, and local officials as well as the private sector, to develop a seamless, coordinated security and preparedness strategy and implementation plan.
    2. Serve as the point of contact with the federal Department of Homeland Security.
    3. Provide oversight, coordination, and review of all disaster, emergency management, and terrorism management plans for the state and its agencies in coordination with the Virginia Department of Emergency Management and other applicable state agencies.
    4. Work with federal officials to obtain additional federal resources and coordinate policy development and information exchange.
    5. Work with and through appropriate members of the Governor’s Cabinet to coordinate working relationships between state agencies and take all actions necessary to ensure that available federal and state resources are directed toward safeguarding Virginia and its citizens.
    6. Designate a Commonwealth Interoperability Coordinator to ensure that all communications-related preparedness federal grant requests from state agencies and localities are used to enhance interoperability. The Secretary shall ensure that the annual review and update of the statewide interoperability strategic plan is conducted as required in § 2.2-222.2 . The Commonwealth Interoperability Coordinator shall establish an advisory group consisting of representatives of state and local government and constitutional offices, broadly distributed across the Commonwealth, who are actively engaged in activities and functions related to communications interoperability.
    7. Serve as one of the Governor’s representatives on regional efforts to develop a coordinated security and preparedness strategy, including the National Capital Region Senior Policy Group organized as part of the federal Urban Areas Security Initiative.
    8. Serve as a direct liaison between the Governor and local governments and first responders on issues of emergency prevention, preparedness, response, and recovery.
    9. Educate the public on homeland security and overall preparedness issues in coordination with applicable state agencies.
    10. Serve as chairman of the Secure and Resilient Commonwealth Panel.
    11. Encourage homeland security volunteer efforts throughout the state.
    12. Coordinate the development of an allocation formula for State Homeland Security Grant Program funds to localities and state agencies in compliance with federal grant guidance and constraints. The formula shall be, to the extent permissible under federal constraints, based on actual risk, threat, and need.
    13. Work with the appropriate state agencies to ensure that regional working groups are meeting regularly and focusing on regional initiatives in training, equipment, and strategy to ensure ready access to response teams in times of emergency and facilitate testing and training exercises for emergencies and mass casualty preparedness.
    14. Provide oversight and review of the Virginia Department of Emergency Management’s annual statewide assessment of local and regional capabilities, including equipment, training, personnel, response times, and other factors.
    15. Employ, as needed, consultants, attorneys, architects, engineers, accountants, financial experts, investment bankers, superintendents, managers, and such other employees and agents as may be necessary, and fix their compensation to be payable from funds made available for that purpose.
    16. Receive and accept from any federal or private agency, foundation, corporation, association, or person grants, donations of money, real property, or personal property for the benefit of the Commonwealth, and receive and accept from the Commonwealth or any state, any municipality, county, or other political subdivision thereof, or any other source, aid or contributions of money, property, or other things of value, to be held, used, and applied for the purposes for which such grants and contributions may be made.
    17. Receive and accept from any source aid, grants, and contributions of money, property, labor, or other things of value to be held, used, and applied to carry out these requirements subject to the conditions upon which the aid, grants, or contributions are made.
    18. Make grants to local governments, state and federal agencies, and private entities with any funds of the Secretary available for such purpose.
    19. Provide oversight and review of the law-enforcement operations of the Alcoholic Beverage Control Authority.
    20. Take any actions necessary or convenient to the exercise of the powers granted or reasonably implied to this Secretary and not otherwise inconsistent with the law of the Commonwealth.

History. 1976, c. 732, §§ 2.1-51.16, 2.1-51.18; 1978, cc. 455, 606, 607, 820; 1984, cc. 720, 779; 1985, cc. 447, 448; 1986, c. 60; 1988, cc. 67, 173, 888; 1989, c. 733; 1990, cc. 1, 317; 1992, c. 81; 1996, c. 503; 2001, c. 844; 2006, cc. 150, 326; 2011, cc. 780, 858; 2012, cc. 803, 835; 2014, cc. 115, 490; 2015, cc. 38, 730; 2020, c. 88.

Editor’s note.

Acts 2014, cc. 115 and 490, cl. 3 provides: “That as of the effective date of this act [March 3, 2014], the Secretary of Public Safety and Homeland Security shall be deemed the successor in interest to the former Secretary of Veterans Affairs and Homeland Security to the extent this act transfers powers and duties. All right, title, and interest in and to any real or tangible personal property vested in the former Secretary of Veterans Affairs and Homeland Security to the extent that this act transfers powers and duties related to homeland security as of the effective date of this act shall be transferred to and taken as standing in the name of the Secretary of Public Safety and Homeland Security.”

Acts 2014, cc. 115 and 490, cl. 4 provides: “That the Governor may transfer an appropriation or any portion thereof within a state agency established, abolished, or otherwise affected by the provisions of this act, and from one such agency to another, to support the changes in organization or responsibility resulting from or required by the provisions of this act.”

Acts 2014, cc. 115 and 490, cl. 5 provides: “That the Governor may transfer any employee within a state agency established, abolished, or otherwise affected by the provisions of this act, or from one such agency to another, to support the changes in organization or responsibility resulting from or required by the provisions of this act.”

Acts 2014, cc. 115 and 490, cl. 6 provides: “That in reviewing local disaster response plans or local shelter, evacuation, and traffic plans to support emergency evacuation in the event of man-made or natural disaster priority shall be given by the Virginia Department of Emergency Management to Hampton Roads localities.”

Acts 2015, cc. 38 and 730, cl. 4, as amended by Acts 2017, cc. 698 and 707, cl. 2, provides: “That the provisions of this act shall become effective on January 15, 2018, except that the provisions of the (i) thirteenth, fourteenth, and fifteenth enactments of this act shall become effective on July 1, 2015; (ii) third enactment of this act shall become effective on July 1, 2018; and (iii) eleventh enactment of this act shall become effective on January 1, 2019.”

At the direction of the Virginia Code Commission, “Secure and Resilient Commonwealth Panel” was substituted for “Secure Commonwealth Panel” in subdivision B 10 to conform with Acts 2017, c. 512.

Acts 2020, c. 362, cl. 1 provides: “That the Secretaries of Health and Human Resources and Public Safety and Homeland Security (the Secretaries) shall establish a work group to develop a plan to improve the Commonwealth’s response to exposure-prone incidents involving employees of law-enforcement agencies, volunteers and employees of fire departments and companies, and volunteers and employees of emergency medical services agencies and other appropriate entities. The work group shall include (i) the Superintendent of State Police, the Commissioner of Health, the Executive Director of the Department of Fire Programs, and the Director of the Department of General Services, or their designees; (ii) representatives of local law-enforcement agencies, fire departments and companies, and emergency medical services agencies; (iii) representatives of organizations representing law-enforcement officers, salaried and volunteer firefighters, and salaried and volunteer emergency medical services providers; and (iv) such other stakeholders as the Secretaries shall deem appropriate.

“In conducting its work, the work group shall:

“1. Develop a plan for the establishment of an entity to assist with the management of exposure-prone incidents involving employees of law-enforcement agencies, volunteers and employees of fire departments and companies, and volunteers and employees of emergency medical services agencies and other appropriate entities. Such assistance shall include assistance with (i) the process of confirming whether a volunteer or employee has been involved in an exposure-prone incident and, as a result of such exposure-prone incident, has been exposed to the body fluids of another person in a manner that may, according to the then-current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses; (ii) coordinating the process by which specimens of a person’s body fluids are collected and tested to determine whether the person was infected with human immunodeficiency virus or hepatitis B or C viruses; and (iii) coordinating the care and treatment of a volunteer or employee for whom post-exposure prophylactic treatment or other treatment is required. Such entity shall also be charged with (a) providing training and education to designated infection control officers and others on topics related to preventing exposure-prone incidents, identifying and responding to exposure-prone incidents, and treatment and follow-up care for volunteers and employees involved in exposure-prone incidents and (b) collecting data from law-enforcement agencies, fire departments and companies, emergency medical services agencies, and others regarding the number of requests for assistance in determining whether an exposure-prone incident has occurred, the number of confirmed exposure-prone incidents, the number of cases involving an exposure-prone incident in which a specimen was collected and tested and whether the person from whom such specimen was collected was deceased or living, the number of cases in which post-exposure prophylaxis was required, and, in cases in which post-exposure prophylaxis was required, the duration and cost of such treatment. In developing the plan, the work group shall evaluate and provide recommendations related to the appropriate state agency or body to operate or provide oversight of the entity, the structure and organization of the entity, the specific powers and duties of the entity, and the cost to establish the entity. The work group shall also provide specific recommendations for legislative, regulatory, or budgetary actions necessary to establish the entity; and

“2. Study and develop recommendations related to developing the ability to perform postmortem testing for infection with human immunodeficiency virus or hepatitis B or C viruses through the Division of Consolidated Laboratory Services. Such study shall include analysis of (i) the steps necessary to implement postmortem testing for infection with human immunodeficiency virus or hepatitis B or C viruses using a screening assay that is licensed for such purpose by the U.S. Food and Drug Administration, (ii) the potential cost to the Commonwealth of developing the ability to perform postmortem testing for infection with human immunodeficiency virus or hepatitis B or C viruses using a screening assay that is licensed for such purpose by the U.S. Food and Drug Administration through the Division of Consolidated Laboratory Services, and (iii) any potential savings to the Commonwealth resulting from implementing postmortem testing for infection with human immunodeficiency virus or hepatitis B or C viruses using a screening assay that is licensed for such purpose by the U.S. Food and Drug Administration through the Division of Consolidated Laboratory Services.

“The work group shall report its findings, conclusions, and recommendations to the Governor and the General Assembly by December 1, 2020.”

Acts 2020, cc. 1285 and 1286, cl. 2 provides: “That the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security shall convene a work group to study the impact on the Commonwealth of legalizing the sale and personal use of marijuana. The work group shall consult with the Attorney General of Virginia, the Commissioner of the Department of Taxation, the Commissioner of the Department of Motor Vehicles, the Commissioner of the Virginia Department of Agriculture and Consumer Services, the Executive Director of the Board of Pharmacy, the Director for the Center for Urban and Regional Analysis at the Virginia Commonwealth University L. Douglas Wilder School of Government and Public Affairs, the Virginia State Crime Commission, the Virginia Association of Commonwealth’s Attorneys, the Executive Director of Virginia NORML, a representative of the Virginia Alcoholic Beverage Control Authority, a representative of a current manufacturer of medical cannabis in Virginia, a medical professional, a member of a historically disadvantaged community, a representative of a substance abuse organization, and a representative of a community services board. In conducting its study, the work group shall review the legal and regulatory frameworks that have been established in states that have legalized the sale and personal use of marijuana and shall examine the feasibility of legalizing the sale and personal use of marijuana, the potential revenue impact of legalization on the Commonwealth, the legal and regulatory framework necessary to successfully implement legalization in the Commonwealth, and the health effects of marijuana use. The work group shall complete its work and report its recommendations to the General Assembly and the Governor by November 30, 2020.”

The 2006 amendments.

The 2006 amendment by c. 150 inserted “Department of Veterans Services, Virginia Veterans Services Foundation” in the second sentence.

The 2006 amendment by c. 326 inserted “Department of Forensic Science” in the second sentence.

The 2011 amendments.

The 2011 amendments by cc. 780 and 858, effective April 6, 2011, are identical and deleted “Department of Veterans Services, Virginia Veterans Services Foundation” following “Department of Military Affairs.”

The 2012 amendments.

The 2012 amendments by cc. 803 and 835, cl. 99, are identical, and deleted “Department of Correctional Education” following “Department of Juvenile Justice” in the second sentence.

The 2014 amendments.

The 2014 amendments by c. 115, effective March 3, 2014, and c. 490, effective April 2, 2014, are identical and in subsection A, inserted the subsection A designator, inserted “and Homeland Security” in the first sentence, added a comma in the second sentence; and added subsection B.

The 2015 amendments.

The 2015 amendments by cc. 38 and 730, effective January 15, 2018, are identical and substituted “the Virginia Alcoholic Beverage Control Authority” for “Department of Alcoholic Beverage Control” in subsection A; added subdivision B 19; redesignated former subdivision B 19 as subdivision B 20.

The 2020 amendments.

The 2020 amendment by c. 88 deleted “Department of Military Affairs” preceding “Department of State Police” in subsection A; and deleted “military affairs” preceding “law enforcement” in subsection B.

§ 2.2-221.1. Secretary to coordinate system for offender transition and reentry services.

The Secretary of Public Safety and Homeland Security shall establish an integrated system for coordinating the planning and provision of offender transitional and reentry services among and between state, local, and nonprofit agencies in order to prepare inmates for successful transition into their communities upon release from incarceration and for improving opportunities for treatment, employment, and housing while on subsequent probation, parole, or post-release supervision.

It is the intent of the General Assembly that funds used for the purposes of this section be leveraged to the fullest extent possible and that direct transitional and reentry employment and housing assistance for offenders be provided in the most cost effective means possible, including through agreements with local nonprofit pre- and post-release service organizations.

History. 2005, c. 153; 2014, cc. 115, 490.

Cross references.

As to provisions related to the transfer of powers and duties from the former Secretary of Veterans Affairs and Homeland Security to the Secretary of Public Safety and Homeland Security, see Acts 2014, cc. 115 and 490, cls. 3 through cl. 6, noted under § 2.2-221 .

The 2014 amendments.

The 2014 amendments by c. 115, effective March 3, 2014, and c. 490, effective April 2, 2014, are identical, and inserted “and Homeland Security” in the first sentence of the first paragraph.

§ 2.2-222. Secretary to provide annual reports on juvenile offenders.

The Secretary shall provide annual reports to the Governor and the General Assembly on juvenile offender demographics by offense, age, committing court, previous court contacts of offenders, and, beginning in July 1998, recidivism rates of juveniles committed to agencies within the Secretariat. The annual report shall also include summaries of any juvenile program evaluations completed in the previous year on programs operated by the Departments of Juvenile Justice, Corrections or Criminal Justice Services and whose evaluation was directed by the General Assembly or the Secretary.

History. 1976, c. 732, § 2.1-51.17; 1984, c. 720; 1990, cc. 1, 317; 1996, c. 617; 2001, c. 844.

§ 2.2-222.1. Secretary to oversee and monitor the development, maintenance, and implementation of a comprehensive and measurable homeland security strategy for the Commonwealth.

  1. The Secretary shall ensure that, consistent with the National Incident Management System (NIMS), the Commonwealth implements a continuous cycle of planning, organizing, training, equipping, exercising, evaluating, and taking corrective action pursuant to securing the Commonwealth at both the state and local level against man-made and natural disasters. To that end, the Secretary shall take action to assign responsibility among agencies, jurisdictions, and subdivisions of the Commonwealth to affect the highest state of readiness posed by both man-made and natural disasters. In doing so, the Secretary shall ensure that preparedness initiatives will be effectively and efficiently coordinated, implemented, and monitored.
  2. The Secretary shall also oversee and monitor the development, maintenance, and implementation of a comprehensive and measurable homeland security strategy for the Commonwealth. To ensure a comprehensive strategy, the Secretary shall coordinate the homeland security strategy with the Secure and Resilient Commonwealth Panel, as established in § 2.2-222.3 , and all state and local, public and private, councils that have a homeland security focus within the Commonwealth. The strategy shall ensure that the Commonwealth’s homeland security programs are resourced, executed, and assessed according to well-defined and relevant Commonwealth homeland security requirements. In support of the strategy, the Secretary shall provide oversight of the designated State Administrative Agency (SAA) for homeland security to ensure that applications for grant funds by state agencies or local governments describe well-defined requirements for planning, organizing, training, equipping, exercising, evaluating, and taking corrective action measures essential to Commonwealth security.
  3. The homeland security strategy shall (i) designate a state proponent for each goal identified in the strategy; (ii) identify which state agencies shall have responsibility for prevention, protection, mitigation, response, and recovery requirements associated with each goal; (iii) prescribe metrics to those state agencies to quantify readiness for man-made and natural disasters; (iv) ensure that state agencies follow rigorous planning practices; and (v) conduct annual reviews and updates to ensure planning, organizing, training, equipping, exercising, evaluating, and taking corrective action is fully implemented at state and local levels of government.
  4. The Secretary shall ensure that state agencies develop and maintain rigorously developed response plans in support of the Commonwealth of Virginia Emergency Operations Plan (COVEOP). The Secretary shall designate the Virginia Department of Emergency Management (VDEM) as the primary agent to ensure that state agencies are compliant with the COVEOP. The Secretary shall further require that VDEM ensure the development of state agency and local disaster response plans and procedures, and monitor the status and quality of those plans on a cyclical basis to establish that they are feasible and suitable and can be implemented with available resources.
  5. The Secretary shall be responsible for the coordination and development of state and local shelter, evacuation, traffic, and refuge of last resort planning. The Secretary shall ensure that jurisdictions and subdivisions of the Commonwealth have adequate shelter, evacuation, traffic, and refuge of last resort plans to support emergency evacuation in the event of a man-made or natural disaster. To that end, the Secretary shall direct VDEM to monitor, review, and evaluate on a cyclical basis all shelter, evacuation, traffic, and refuge of last resort plans to ensure they are feasible and suitable and can be implemented with available resources.
  6. The Secretary shall also ensure that plans for protecting public critical infrastructure are both developed and fully implemented by those state agencies, jurisdictions, and subdivisions of the Commonwealth with responsibility for critical infrastructure protection.
  7. The Secretary is authorized, consistent with federal and state law and procurement regulations thereof, to contract for private and public sector services in homeland security and emergency management to enable, enhance, augment, or supplement state and local planning, organizing, training, equipping, exercising, evaluating, and corrective action capability as he deems necessary to meet Commonwealth security goals with such funds as may be made available to the Secretary or the Department of Emergency Management annually for such services.

History. 2014, cc. 115, 490; 2019, c. 615.

Cross references.

As to provisions related to the transfer of powers and duties from the former Secretary of Veterans Affairs and Homeland Security to the Secretary of Public Safety and Homeland Security, see Acts 2014, cc. 115 and 490, cls. 3 through 6, noted under § 2.2-221 .

Effective date.

Acts 2014, c. 115, became effective March 3, 2014, by emergency clause.

Acts 2014, c. 490, became effective April 2, 2014, by emergency clause.

The 2019 amendments.

The 2019 amendment by c. 615, in subsection B, inserted “the Secure and Resilient Commonwealth Panel, as established in § 2.2-222.3 , and”; in subsection C, substituted “The homeland security strategy” for “The Secretary shall ensure that the homeland security strategy is fully incorporated into the Secure Commonwealth Plan. In the development of the Secure Commonwealth Plan, the Secretary,” substituted “identified in the strategy” for “in the Secure Commonwealth Plan required within the Commonwealth homeland security strategy,” and deleted “in the Secure Commonwealth Plan” at the end of clause (ii); deleted former subsection D, relating to the Commonwealth Threat Hazard Identification and Risk Assessment (C-THIRA) Report; redesignated former subsections E through H as subsections D through G, respectively; in subsection F, deleted the second sentence, which read: “The Secretary shall report deficiencies in securing critical infrastructure annually as part of the Commonwealth’s C-THIRA Report”; and made stylistic changes.

§ 2.2-222.2. Additional duties related to review of statewide interoperability strategic plan; state and local compliance.

The Secretary through the Commonwealth Interoperability Coordinator shall ensure that the annual review and update of the statewide interoperability strategic plan is accomplished and implemented to achieve effective and efficient communication between state, local, and federal communications systems.

All state agencies and localities shall achieve consistency with and support the goals of the statewide interoperability strategic plan by July 1, 2015, in order to remain eligible to receive state or federal funds for communications programs and systems.

History. 2014, cc. 115, 490.

Cross references.

As to provisions related to the transfer of powers and duties from the former Secretary of Veterans Affairs and Homeland Security to the Secretary of Public Safety and Homeland Security, see Acts 2014, cc. 115 and 490, cls. 3 through 6, noted under § 2.2-221 .

Effective date.

Acts 2014, c. 115, became effective March 3, 2014, by emergency clause.

Acts 2014, c. 490, became effective April 2, 2014, by emergency clause.

§ 2.2-222.3. Secure and Resilient Commonwealth Panel; membership; duties; compensation; staff.

  1. The Secure and Resilient Commonwealth Panel (the Panel) is established as an advisory board, within the meaning of § 2.2-2100 , in the executive branch of state government. The Panel shall consist of 38 members as follows: four members of the House of Delegates to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates, one of whom shall be the Chairman of the House Committee on Public Safety and one of whom shall be a member of the Subcommittee on Public Safety of the House Committee on Appropriations; two nonlegislative citizen members to be appointed by the Speaker of the House of Delegates; four members of the Senate of Virginia to be appointed by the Senate Committee on Rules, one of whom shall be the Chairman of the Senate Committee on General Laws and Technology and one of whom shall be a member of the Subcommittee on Public Safety of the Senate Committee on Finance and Appropriations; two nonlegislative citizen members to be appointed by the Senate Committee on Rules; the Lieutenant Governor, the Attorney General, the Executive Secretary of the Supreme Court of Virginia, the Secretaries of Administration, Commerce and Trade, Health and Human Resources, Transportation, Public Safety and Homeland Security, and Veterans and Defense Affairs, the State Coordinator of Emergency Management, the Superintendent of State Police, the Adjutant General of the Virginia National Guard, and the State Health Commissioner, or their designees; two local first responders; two local government representatives; two physicians with knowledge of public health; five members from the business or industry sector; and two nonlegislative citizen members from the Commonwealth at large. Except for appointments made by the Speaker of the House of Delegates and the Senate Committee on Rules, all appointments shall be made by the Governor. Additional ex officio members may be appointed to the Panel by the Governor. Legislative members shall serve terms coincident with their terms of office or until their successors shall qualify. Nonlegislative citizen members shall serve for terms of four years. Ex officio members shall serve at the pleasure of the person or entity by whom they were appointed. The Secretary of Public Safety and Homeland Security shall be the chairman of the Panel.
  2. The Panel shall have as its primary focus emergency management and homeland security within the Commonwealth to ensure that prevention, protection, mitigation, response, and recovery programs, initiatives, and activities, both at the state and local levels, are fully integrated, suitable, and effective in addressing risks from man-made and natural disasters. The Panel shall where necessary review, evaluate, and make recommendations concerning implementation of such initiatives. The Panel shall also make such recommendations as it deems necessary to enhance or improve the resiliency of public and private critical infrastructure to mitigate against man-made and natural disasters.
  3. The Panel shall carry out the provisions of Title 3, P.L. 99-499. The Panel shall convene at least biennially to discuss (i) changing and persistent risks to the Commonwealth from threats, hazards, vulnerabilities, and consequences and (ii) plans and resources to address those risks.
  4. The Panel shall designate an Emergency Management Awareness Group (the Group) consisting of the Secretary of Public Safety and Homeland Security, the Lieutenant Governor, the Attorney General, the Executive Secretary of the Supreme Court of Virginia, and the Chairmen of the House Committee on Public Safety and the Senate Committee on General Laws and Technology to facilitate communication between the executive, legislative, and judicial branches of state government. The Group shall convene at the call of the Secretary of Public Safety and Homeland Security during a state of emergency to share critical information concerning such situation and the impact on the Commonwealth and its branches of government. The Secretary of Public Safety and Homeland Security shall (i) advise the Panel whenever the Group meets and (ii) facilitate communication between the Group and the Panel. The Secretary of Public Safety and Homeland Security shall assist, to the extent provided by law, in obtaining access to classified information for the Group when such information is necessary to enable the Group to perform its duties.
  5. Members of the Panel shall serve without compensation but shall be reimbursed for all reasonable and necessary expenses incurred in the discharge of their duties as provided in § 2.2-2825 .
  6. Staff support for the Panel and funding for the costs of expenses of the members shall be provided by the Secretary of Public Safety and Homeland Security.
  7. The Secretary shall facilitate cabinet-level coordination among the various agencies of state government related to emergency preparedness and shall facilitate private sector preparedness and communication.

History. 2014, cc. 115, 490; 2016, cc. 200, 216; 2017, c. 512; 2018, c. 822; 2019, c. 615.

Cross references.

As to provisions related to the transfer of powers and duties from the former Secretary of Veterans Affairs and Homeland Security to the Secretary of Public Safety and Homeland Security, see Acts 2014, cc. 115 and 490, cls. 3 through 6, noted under § 2.2-221 .

Editor’s note.

The Virginia Code Commission authorized the substitution of “House Committee on Public Safety” for “House Committee on Militia, Police and Public Safety” in subsections A and D and “Senate Committee on Finance and Appropriations” for “Senate Committee on Finance” in subsection A. March 10, 2021.

Effective date.

Acts 2014, c. 115, became effective March 3, 2014, by emergency clause.

Acts 2014, c. 490, became effective April 2, 2014, by emergency clause.

The 2016 amendments.

The 2016 amendments by cc. 200 and 216 are identical, and in subsection A, substituted “34 members” for “33 members” and inserted “and Veterans and Defense Affairs”; and in subsection B, substituted “annual reports” for “quarterly reports.”

The 2017 amendments.

The 2017 amendment by c. 512 rewrote the section.

The 2018 amendments.

The 2018 amendment by c. 822 rewrote subsection A.

The 2019 amendments.

The 2019 amendment by c. 615 deleted former subsection D, pertaining to the Panel’s report on the state of the Commonwealth’s emergency prevention, protection, mitigation, response, and recovery efforts and sensitive information in the report; redesignated remaining subsections accordingly; and made a stylistic change.

§ 2.2-222.4. Chief Resilience Officer.

  1. The Governor shall designate a Chief Resilience Officer. The Chief Resilience Officer shall serve as the primary coordinator of resilience and adaptation initiatives in Virginia and as the primary point of contact regarding issues related to resilience and recurrent flooding. The Chief Resilience Officer shall be equally responsible for all urban, suburban, and rural areas of the Commonwealth.
  2. The Chief Resilience Officer, in consultation with the Special Assistant to the Governor for Coastal Adaptation and Protection, shall:
    1. Identify and monitor those areas of the Commonwealth that are at greatest risk from recurrent flooding and increased future flooding and recommend actions that both the private and public sectors should consider in order to increase the resilience of such areas;
    2. Upon the request of any locality in the Commonwealth in which is located a substantial flood defense or catchment area, including a levee, reservoir, dam, catch basin, or wetland or lake improved or constructed for the purpose of flood control, review and comment on plans for the construction or substantial reinforcement of such flood defense or catchment area; and
    3. Initiate and assist with the pursuit of funding opportunities for resilience initiatives at both the state and local levels and help to oversee and coordinate funding initiatives of all agencies of the Commonwealth.

History. 2020, c. 493.

§ 2.2-223. Repealed by Acts 2012, cc. 164 and 456, cl. 2.

Editor’s note.

Former § 2.2-223 , pertaining to Interagency Drug Offender Screening and Assessment Committee, derived from Acts 1999, cc. 891, 913, § 2.1-51.18:3; 2001, c. 844; 2009, cc. 813, 840.

§ 2.2-224. Secretary of Public Safety and Homeland Security to publish certain list.

The Secretary shall publish annually a list of those localities that have acquired any aircraft through forfeiture procedures. The list shall include a description of each aircraft so acquired. The Secretary shall develop a program to encourage the use of such aircraft for travel associated with law-enforcement purposes, including but not limited to, extradition of prisoners and arrestees within and without the Commonwealth.

History. 1995, c. 464, § 2.1-51.17:01; 2001, c. 844.

Editor’s note.

In the section catchline, “Secretary of Public Safety and Homeland Security” was substituted for “Secretary of Public Safety” to conform to Acts 2014, cc. 115 and 490.

§ 2.2-224.1. Secretary of Public Safety and Homeland Security to establish information exchange program.

  1. The Secretary shall establish a public safety information exchange program with those states that share a border with Canada or Mexico and are willing to participate in the exchange. The purpose of the information exchange shall be to share criminal information and, when authorized by the proper authority, intelligence information to address threats posed within the Commonwealth by (i) the organization or operation of criminal enterprises by transnational gangs; (ii) the production, transportation, distribution, or use of illegal drugs, firearms, or explosives; (iii) the activities of international or domestic terror organizations, agents, or sponsors thereof; and (iv) the criminal repercussions that result from the presence in the Commonwealth of persons or organizations illegally present in the United States.
  2. The public safety information exchange program shall be administered by the Secretary and other state and local agencies designated by the Secretary.
  3. The Secretary shall seek the cooperation of the U.S. Department of Homeland Security, the U.S. Department of Justice, the Federal Bureau of Investigation, the U.S. Immigration and Customs Enforcement, or any such successor agencies, and any other federal intelligence organizations as necessary, in order to facilitate the sharing of state and federal information and intelligence among the states participating in the exchange program.

History. 2011, c. 503.

Editor’s note.

Acts 2011, c. 503, cl. 2, provides: “That the Secretary of Public Safety [now the Secretary of Public Safety and Homeland Security] shall report to the House Committee on Militia, Police and Public Safety and the Senate Committee for Courts of Justice no later than October 1, 2011, on a plan for implementing the public safety information exchange program established by this section.”

In the section catchline, “Secretary of Public Safety and Homeland Security” was substituted for “Secretary of Public Safety” to conform to Acts 2014, cc. 115 and 490.

Article 9. Secretary of Technology.

§§ 2.2-225, 2.2-225.1. Repealed by Acts 2020, c. 738, cl. 2.

Cross references.

As to former duties of the Secretary of Technology, see now §§ 2.2-203.2:5 and 2.2-206.3 , and subsection C of § 2.2-203.1 .

Editor’s note.

Acts 2010, cc. 136 and 145, cl. 7 provides: “That as of the effective date of this act [March 11, 2010], the Secretary of Technology shall be deemed the successor in interest to the Information Technology Investment Board. Without limiting the foregoing, all right, title, and interest in and to any real or tangible personal property or contract vested in the Information Technology Investment Board as of the effective date of this act shall be transferred to and taken as standing in the name of the Secretary of Technology.”

Acts 2010, cc. 136 and 145, cl. 8 provides: “That as of the effective date of this act [March 11, 2010], the Secretary of Technology shall be deemed the successor in interest to the Division of Enterprise Applications and Virginia Chief Applications Officer. Without limiting the foregoing, all right, title, and interest in and to any real or tangible personal property or contract vested in the Division of Enterprise Applications and Virginia Chief Applications Officer as of the effective date of this act shall be transferred to and taken as standing in the name of the Secretary of Technology.”

Former § 2.2-225 , which established the position of Secretary of Technology and described agencies for which responsible and additional powers of the Secretary, derived from 1999, cc. 412, 421, 433, §§ 2.1-51.44, 2.1-51.45, 2.1-51.46; 2001, c. 844; 2003, cc. 981, 1021; 2004, c. 989; 2009, cc. 325, 810; 2010, cc. 136, 145; 2011, cc. 138, 739; 2015, cc. 490, 768; 2016, cc. 296, 361.

Former § 2.2-225.1, pertaining to the Office of Telework Promotion and Broadband Assistance, derived from Acts 2008, c. 444; 2009, cc. 180, 325, 810. Acts 2020, cc. 1164 and 1165 also amended this section.

§§ 2.2-226 through 2.2-227. Repealed by Acts 2003, cc. 981 and 1021.

Cross references.

For current provisions concerning Virginia Information Technologies Agency, see § 2.2-2005 et seq.

Editor’s note.

Repealed § 2.2-226 was amended by Acts 2003, c. 888.

Former §§ 2.2-226 through 2.2-227, relating to the Secretary of Technology, were derived from Acts 1999, cc. 412, 421, 433, §§ 2.1-51.47, 2.1-51.50; 2000, c. 961, §§ 2.1-563.42 — 2.1-563.44; 2000, c. 995; 2001, c. 844, §§ 2.2-136 — 2.2-138; 2002, cc. 247, 424.

Article 10. Secretary of Transportation.

§ 2.2-228. Position established; agencies for which responsible.

The position of Secretary of Transportation (the “Secretary”) is created. The Secretary shall be responsible to the Governor for the following agencies: Department of Transportation, Department of Rail and Public Transportation, Department of Aviation, Department of Motor Vehicles, the Virginia Port Authority, and the Motor Vehicle Dealer Board. The Governor, by executive order, may assign any state executive agency to the Secretary, or reassign any agency listed in this section to another Secretary.

History. 1990, cc. 1, 317, §§ 2.1-51.41, 2.1-51.43; 1992, c. 167; 1993, c. 757; 2001, c. 844.

Editor’s note.

Acts 1999, c. 328, cl. 1, provides: “The Virginia Department of Transportation shall proceed expeditiously with the development and implementation of a program that will provide for the erection and maintenance, at appropriate locations, within highway rights-of-way, of signs listing the names of and providing directions to those facilities that are of specific interest to tourists and other travelers on Virginia’s system of primary highways.”

Acts 2017, c. 553, cl. 1 provides: Ҥ 1. That the Secretary of Transportation or his designee shall convene a task force composed of representatives from the Division of Motor Vehicles, the Department of Elections, the Department of Taxation, the Department of Health, the Department of Medical Assistance Services, the Virginia Information Technologies Agency, the Clerks of Circuit Court and any other agencies deemed appropriate to study the feasibility of establishing a one-stop online portal for citizen address changes in order to develop a single statewide address database for utilization by state entities. The task force shall review issues related to the establishment of a statewide address database, including (i) the benefit to citizens and state entities, (ii) potential problems and possible misuse, (iii) costs related to its development and maintenance, and (iv) database security.

“§ 2. The task force shall begin its work no later than May 1, 2017. The task force shall submit to the Governor and the General Assembly a report on its findings and recommendations by November 1, 2017.”

Acts 2017, c. 553, cl. 2 provides: “That the provisions of this act shall expire on July 1, 2018.”

Acts 2018, c. 429, cl. 1 provides: “The Secretary of Transportation (Secretary) shall conduct a review of the Washington Metropolitan Area Transit Authority Board of Directors membership provisions. Such review shall consider the criteria used to determine eligibility to represent the Commonwealth on the Washington Metropolitan Area Transit Authority and whether the current representation criteria serve the best interests of the Commonwealth. The Secretary shall also determine whether any changes to the Commonwealth’s representation can be made without an amendment to the Washington Metropolitan Area Transit Authority Compact.

“The Secretary shall conclude the review by November 30, 2018, and shall submit to the Governor and the General Assembly an executive summary and a report of his findings and recommendations for publication as a House or Senate document. The executive summary and report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports no later than the first day of the 2019 Regular Session of the General Assembly and shall be posted on the General Assembly’s website.”

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item 430 A, effective for the biennium ending June 30, 2022, provides: “The transportation policy goals enumerated in this act shall be implemented by the Secretary of Transportation, including the secretary acting as Chairman of the Commonwealth Transportation Board.

“1. The maintenance of existing transportation assets to ensure the safety of the public shall be the first priority in budgeting, allocation, and spending. The highway share of the Transportation Trust Fund shall be used for highway maintenance and operation purposes prior to its availability for new development, acquisition, and construction.

“2. It is in the interest of the Commonwealth to have an efficient and cost-effective transportation system that promotes economic development and all modes of transportation, intermodal connectivity, environmental quality, accessibility for people and freight, and transportation safety. The planning, development, construction, and operations of Virginia’s transportation facilities will reflect this goal.

“3. To the greatest extent possible, the appropriation of transportation revenues shall reflect planned spending of such revenues by agency and by program.”

§ 2.2-229. Office of Intermodal Planning and Investment of the Secretary of Transportation.

  1. There is hereby established the Office of Intermodal Planning and Investment of the Secretary of Transportation (the Office), consisting of a director, appointed by the Secretary of Transportation, and such additional transportation professionals as the Secretary of Transportation shall determine. It shall be the duty of the Office to support and advise the Secretary in his role as chairman of the Commonwealth Transportation Board.
  2. The goals of the Office shall be:
    1. To promote transparency and accountability of the programming of transportation funds, including the development of the Six-Year Improvement Program pursuant to § 33.2-214 and the statewide prioritization process pursuant to § 33.2-214.1 ;
    2. To ensure that the Commonwealth has a multimodal transportation system that promotes economic development and all transportation modes, intermodal connectivity, environmental quality, accessibility for people and freight, and transportation safety;
    3. To encourage the use of innovation and best practices to improve the efficiency of the Commonwealth’s surface transportation network and to enhance the efficacy of strategies to improve such efficiency; and
    4. To promote the coordination between transportation investments and land use planning.
  3. The responsibilities of the Office shall be:
    1. To oversee and coordinate with the Department of Transportation and the Department of Rail and Public Transportation the development of, for the Commonwealth Transportation Board’s approval, the Six-Year Improvement Program pursuant to § 33.2-214 for the Commonwealth Transportation Board;
    2. To implement the statewide prioritization process developed by the Commonwealth Transportation Board pursuant to § 33.2-214.1 ;
    3. To develop, for the Commonwealth Transportation Board’s approval, the Statewide Transportation Plan pursuant to § 33.2-353 ;
    4. To develop measures and targets related to the performance of the Commonwealth’s surface transportation network for the Commonwealth Transportation Board’s approval, including any performance measurement required by Title 23 or 49 of the United States Code and any measures adopted by the Board pursuant to § 33.2-353 ;
    5. To undertake, identify, coordinate, and oversee studies of potential highway, transit, rail, and other improvements or strategies, to help address needs identified in the Statewide Transportation Plan pursuant to § 33.2-353;
    6. To assist the Commonwealth Transportation Board in the development of a comprehensive, multimodal transportation policy, which may be developed as part of the Statewide Transportation Plan pursuant to § 33.2-353;
    7. To provide technical assistance to local governments and regional entities, including assistance to establish and promote urban development areas pursuant to § 15.2-2223.1 ;
    8. To oversee and coordinate with the Department of Transportation and the Department of Rail and Public Transportation the development of, for the Commonwealth Transportation Board’s approval, the annual budget and the six-year financial plan for the Commonwealth Transportation Fund; and
    9. To oversee, subject to approval of the Commonwealth Transportation Board, the Virginia Transportation Infrastructure Bank established pursuant to § 33.2-1502 and the Toll Facilities Revolving Account established pursuant to § 33.2-1529 .
  4. In carrying out its responsibilities pursuant to subsection C, the Office shall coordinate with the Department of Transportation and the Department of Rail and Public Transportation, as appropriate, and coordinate with the Department of Transportation on all road, bridge, and tunnel projects and with the Department of Rail and Public Transportation on all rail and transit projects.

History. 2002, c. 361; 2006, c. 942; 2007, cc. 80, 219; 2009, cc. 670, 690; 2017, cc. 166, 273; 2018, c. 828.

Editor’s note.

References in this section were updated at the direction of the Virginia Code Commission to conform to the recodification of Title 33.2 by Acts 2014, c. 805, effective October 1, 2014.

The 2006 amendments.

The 2006 amendment by c. 942 inserted “generally” at the end of the first paragraph and added the last two paragraphs, including subdivisions 1 through 6.

The 2007 amendments.

The 2007 amendments by cc. 80 and 219 are identical, and in the first paragraph, substituted “Office of Intermodal Planning and Investment” for “Intermodal Office”; transferred the former last paragraph to the second sentence in the first paragraph; added subdivisions 1, 2, 7 through 9 and 12; and redesignated former subdivisions 1 through 6 as present subdivisions 3 through 6, 10 and 11.

The 2009 amendments.

The 2009 amendments by cc. 670 and 690 are identical, and in the first paragraph, inserted “promote the coordination of transportation investments and land use planning” in the second sentence and inserted “the Virginia Aviation Board, the Virginia Port Authority Board” in the last sentence; substituted “responsibilities” for “purpose” in the second paragraph; rewrote subdivisions 1, 3, and 10; deleted former subdivision 6, which read: “To assess implementation of intermodal planning, including periodic comparisons between and among statewide and regional multimodal plans”; added “including assessment of intermodal facilities” in subdivision 7; inserted subdivision 9; deleted former subdivision 11, which read: “To inventory and assess intermodal facilities of statewide importance, prioritize new facilities, and recommend facilities for consideration in the six-year improvement program; and”; added present subdivisions 12 and 13; redesignated subdivisions accordingly; and made a minor stylistic change

The 2017 amendments.

The 2017 amendments by cc. 166 and 273 are identical, and rewrote the section.

The 2018 amendments.

The 2018 amendment by c. 828, in subdivision C 1, inserted “for the Commonwealth Transportation Board’s approval”; in subdivision C 2, deleted “in coordination with the Department of Transportation and the Department of Rail and Public Transportation” at the end; rewrote subdivision C 4, which read “To develop measures and targets related to the performance of the Commonwealth’s surface transportation network for the Commonwealth Transportation Board’s approval and report annually on progress made to achieve such targets in coordination with the Department of Transportation and the Department of Rail and Public Transportation and to develop in coordination with applicable regional organizations quantifiable and achievable goals pursuant to § 33.2-353 ”; added subdivisions C 7 and C 8 and subsection D.

Article 11. Secretary of Veterans and Defense Affairs.

§ 2.2-230. Position established; agencies for which responsible; additional duties.

The position of Secretary of Veterans and Defense Affairs (the Secretary) is created. The Secretary shall be responsible to the Governor for the following agencies: Department of Military Affairs, Department of Veterans Services, Veterans Services Foundation, and Virginia Military Advisory Council. The Governor may, by executive order, assign any other state executive agency to the Secretary, or reassign any agency listed above to another Secretary.

The Secretary shall by reason of professional background have knowledge of veterans affairs and military affairs, in addition to familiarity with the structure and operations of the federal government and of the Commonwealth.

History. 2011, cc. 780, 858; 2012, cc. 803, 835; 2014, cc. 115, 490; 2020, c. 88.

Editor’s note.

Acts 2014, cc. 115 and 490, cl. 3 provides: “That as of the effective date of this act [March 3, 2015], the Secretary of Public Safety and Homeland Security shall be deemed the successor in interest to the former Secretary of Veterans Affairs and Homeland Security to the extent this act transfers powers and duties. All right, title, and interest in and to any real or tangible personal property vested in the former Secretary of Veterans Affairs and Homeland Security to the extent that this act transfers powers and duties related to homeland security as of the effective date of this act shall be transferred to and taken as standing in the name of the Secretary of Public Safety and Homeland Security.”

Acts 2014, cc. 115 and 490, cl. 4 provides: “That the Governor may transfer an appropriation or any portion thereof within a state agency established, abolished, or otherwise affected by the provisions of this act, and from one such agency to another, to support the changes in organization or responsibility resulting from or required by the provisions of this act.”

Acts 2014, cc. 115 and 490, cl. 5 provides: “That the Governor may transfer any employee within a state agency established, abolished, or otherwise affected by the provisions of this act, or from one such agency to another, to support the changes in organization or responsibility resulting from or required by the provisions of this act.”

Acts 2014, cc. 115 and 490, cl. 6 provides: “That in reviewing local disaster response plans or local shelter, evacuation, and traffic plans to support emergency evacuation in the event of man-made or natural disaster priority shall be given by the Virginia Department of Emergency Management to Hampton Roads localities.”

The 2012 amendments.

The 2012 amendments by cc. 803 and 835, cl. 111, are identical, and deleted “and Virginia War Memorial Foundation” from the end of the first sentence and made a related change.

The 2014 amendments.

The 2014 amendments by c. 115, effective March 3, 2014, and c. 490, effective April 2, 2014, are identical, and in the first paragraph, substituted “Secretary of Veterans and Defense Affairs” for “Secretary of Veterans Affairs and Homeland Security” in the first sentence and deleted “Secure Commonwealth Panel,” following “Department of Veterans Services,” in the second sentence; and in the second paragraph, deleted “law enforcement, public safety, or emergency management and preparedness issues,” following “military affairs,” and made related changes.

Effective date.

Acts 2011, cc. 780 and 858, cl. 3 made this article effective April 6, 2011.

The 2020 amendments.

The 2020 amendment by c. 88 inserted “Department of Military Affairs” in the first paragraph.

§ 2.2-231. Powers and duties of the Secretary.

Unless the Governor expressly reserves such power to himself, the Secretary shall:

  1. Serve as the Governor’s liaison for veterans affairs and provide active outreach to the U.S. Department of Veterans Affairs, the veterans service organizations, and the veterans community in Virginia to support and assist Virginia’s veterans in identifying and obtaining the services, assistance, and support to which they are entitled.
  2. Work with federal officials to obtain additional federal resources and coordinate veterans policy development and information exchange.
  3. Work with and through appropriate members of the Governor’s Cabinet to coordinate working relationships between state agencies and take all actions necessary to ensure that available federal and state resources are directed toward assisting veterans and addressing all issues of mutual concern to the Commonwealth and the armed forces of the United States, including quality of life issues unique to Virginia’s active duty military personnel and their families, the quality of educational opportunities for military children, the future of federal impact aid, preparedness, public safety and security concerns, transportation needs, alcoholic beverage law enforcement, substance abuse, social service needs, possible expansion and growth of military facilities in the Commonwealth, and intergovernmental support agreements with state and local governments under the provisions of 10 U.S.C. § 2336.
  4. Educate the public on veterans and defense issues in coordination with applicable state agencies.
  5. Serve as chairman of the Virginia Military Advisory Council to establish a working relationship with Virginia’s active duty military bases.
  6. Monitor and enhance efforts to provide assistance and support for veterans living in Virginia and members of the Virginia National Guard and Virginia residents in the Armed Forces Reserves not in active federal service in the areas of (i) medical care, (ii) mental health and rehabilitative services, (iii) housing, (iv) homelessness prevention, (v) job creation, and (vi) education.
  7. Seek additional federal resources to support veterans services.
  8. Monitor efforts to provide services to veterans, those members of the Virginia National Guard, and Virginia residents in the Armed Forces Reserves who qualify for veteran status, and their immediate family members, including the dissemination of relevant materials and the rendering of technical or other advice.
  9. Serve as the Governor’s liaison and provide active outreach to localities of the Commonwealth and veterans support organizations in the development, implementation, and review of local veterans services programs as part of the state program.
  10. Serve as the Governor’s defense liaison and provide active outreach to the U.S. Department of Defense and the defense establishment in Virginia to support the military installations and activities in the Commonwealth to continue to enhance Virginia’s current military-friendly environment, and foster and promote business, technology, transportation, education, economic development, and other efforts in support of the mission, execution, and transformation of the United States government military and national defense activities located in the Commonwealth.
  11. Promote the industrial and economic development of localities included in or adjacent to United States government military and other national defense activities and those of the Commonwealth because the success of such activities depends on cooperation between the localities, the Commonwealth, and the United States military and national defense activities.
  12. Provide technical assistance and coordination between the Commonwealth, its political subdivisions, and the United States government military and national defense activities located within the Commonwealth.
  13. Employ, as needed, consultants, attorneys, architects, engineers, accountants, financial experts, investment bankers, superintendents, managers, and such other employees and agents as may be necessary, and to fix their compensation to be payable from funds made available for that purpose.
  14. Receive and accept from any federal or private agency, foundation, corporation, association, or person grants, donations of money, real property, or personal property for the benefit of the Commonwealth and receive and accept from the Commonwealth or any state, any municipality, county, or other political subdivision thereof, and from any other source, aid or contributions of money, property, or other things of value, to be held, used, and applied for the purposes for which such grants and contributions may be made.
  15. Receive and accept from any source aid, grants, and contributions of money, property, labor, or other things of value to be held, used, and applied to carry out these requirements subject to the conditions upon which the aid, grants, or contributions are made.
  16. Make grants to local governments, state and federal agencies, and private entities with any funds of the Secretary available for such purpose.
  17. Take any actions necessary or convenient to the exercise of the powers granted or reasonably implied to this Secretary and not otherwise inconsistent with the law of the Commonwealth.
  18. Work with veterans services organizations and counterparts in other states to monitor and encourage the timely and accurate processing of veterans benefit requests by the U.S. Department of Veterans Affairs, including requests for services connected to health care, mental health care, and disability payments.
  19. In conjunction with subdivision 6, coordinate with federal, state, local, and private partners to assist homeless veterans in obtaining a state-issued identification card, in order to enable these veterans to access the available federal, state, local, and other resources they need to attain financial stability or address other issues that have adversely affected their lives.

History. 2011, cc. 780, 858; 2013, c. 151; 2014, cc. 115, 490; 2016, c. 689.

Cross references.

As to provisions related to the transfer of powers and duties from the former Secretary of Veterans Affairs and Homeland Security to the Secretary of Public Safety and Homeland Security, see Acts 2014, cc. 115 and 490, cls. 3 through 6, noted under § 2.2-230 .

Effective date.

Acts 2011, cc. 780 and 858, became effective April 6, 2011, by emergency clause.

The 2013 amendments.

The 2013 amendment by c. 151 added subdivision 28.

The 2014 amendments.

The 2014 amendments by c. 115, effective March 3, 2014, and c. 490, effective April 2, 2014, are identical and rewrote the section.

The 2016 amendments.

The 2016 amendment by c. 689, added subdivision 19.

§§ 2.2-232, 2.2-233. Repealed by Acts 2014, c. 115, cl. 2, effective March 3, 2014, and c. 490, cl. 2, effective April 2, 2014.

Cross references.

For current provisions related to additional duties related to review of statewide interoperability strategic plan; state and local compliance, see § 2.2-222.2 .

For current provisions related to Secure and Resilient Commonwealth Panel, see § 2.2-222.3 .

Editor’s note.

Former § 2.2-232 , pertaining to additional duties related to review of statewide interoperability strategic plan; state and local compliance; derived from 2011, cc. 780, 858. Former § 2.2-233, pertaining to Secure Commonwealth Panel; membership; duties; compensation; staff, derived from 2011, cc. 691, 714, 780, 858.

Article 12. Virginia Environmental Justice Act.

§ 2.2-234. Definitions.

For purposes of this article, unless the context requires a different meaning:

“Community of color” means any geographically distinct area where the population of color, expressed as a percentage of the total population of such area, is higher than the population of color in the Commonwealth expressed as a percentage of the total population of the Commonwealth. However, if a community of color is composed primarily of one of the groups listed in the definition of “population of color,” the percentage population of such group in the Commonwealth shall be used instead of the percentage population of color in the Commonwealth.

“Environment” means the natural, cultural, social, economic, and political assets or components of a community.

“Environmental justice” means the fair treatment and meaningful involvement of every person, regardless of race, color, national origin, income, faith, or disability, regarding the development, implementation, or enforcement of any environmental law, regulation, or policy.

“Environmental justice community” means any low-income community or community of color.

“Fair treatment” means the equitable consideration of all people whereby no group of people bears a disproportionate share of any negative environmental consequence resulting from an industrial, governmental, or commercial operation, program, or policy.

“Fenceline community” means an area that contains all or part of a low-income community or community of color and that presents an increased health risk to its residents due to its proximity to a major source of pollution.

“Low income” means having an annual household income equal to or less than the greater of (i) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development, and (ii) 200 percent of the Federal Poverty Level.

“Low-income community” means any census block group in which 30 percent or more of the population is composed of people with low income.

“Meaningful involvement” means the requirements that (i) affected and vulnerable community residents have access and opportunities to participate in the full cycle of the decision-making process about a proposed activity that will affect their environment or health and (ii) decision makers will seek out and consider such participation, allowing the views and perspectives of community residents to shape and influence the decision.

“Population of color” means a population of individuals who identify as belonging to one or more of the following groups: Black, African American, Asian, Pacific Islander, Native American, other non-white race, mixed race, Hispanic, Latino, or linguistically isolated.

“State agency” means any agency, authority, institution, board, bureau, commission, council, or instrumentality of state government in the executive branch of government.

History. 2020, cc. 1212, 1257.

Notes to Opinions

OPINIONS OF THE ATTORNEY GENERAL

Policy under the Environmental Justice Act. The Environmental Justice Act (§ 2.2-234 et seq.) not only sets forth a policy of the Commonwealth, but also imposes specific, enforceable duties on the Commonwealth to ensure that the policy is carried out. Therefore, the Director of Department of Environmental Quality must ensure that environmental justice, as defined in the Act, is carried out when making his determinations about a landfill permit under the Virginia Waste Management Act (§ 10.1-1408.1 et seq.). See opinion of Attorney General to the Honorable Ghazala F. Hashmi, Member, Senate of Virginia, 20-064, (12/3/21).

§ 2.2-235. Policy regarding environmental justice.

It is the policy of the Commonwealth to promote environmental justice and ensure that it is carried out throughout the Commonwealth, with a focus on environmental justice communities and fenceline communities.

History. 2020, cc. 1212, 1257.

Notes to Opinions

OPINIONS OF THE ATTORNEY GENERAL

Policy under the Environmental Justice Act. The Environmental Justice Act (§ 2.2-234 et seq.) not only sets forth a policy of the Commonwealth, but also imposes specific, enforceable duties on the Commonwealth to ensure that the policy is carried out. See opinion of Attorney General to the Honorable Ghazala F. Hashmi, Member, Senate of Virginia, 20-064, (12/3/21).

Chapter 3. Assistant to the Governor for Intergovernmental Affairs.

§ 2.2-300. Assistant to the Governor for Intergovernmental Affairs; position created; appointment.

  1. There is created in the Office of the Governor, the position of Assistant to the Governor for Intergovernmental Affairs (the Assistant to the Governor) to serve as the link between the Commonwealth and the United States Congress; the White House; federal departments, agencies bureaus, offices and entities; and other states and territories.
  2. The Assistant to the Governor for Intergovernmental Affairs shall be appointed by and serve at the pleasure of the Governor.

History. 1978, c. 515, § 2.1-564; 1979, c. 429; 1981, c. 315; 1982, c. 421; 2001, c. 844; 2011, cc. 827, 867; 2013, cc. 231, 401.

Editor’s note.

Acts 2013, cc. 231 and 401, failed to set out the final paragraph of the section. Prior to 2013 amendments, it read “The Assistant to the Governor should preferably, by reason of professional experience, be familiar with the structure and operations of the federal government and of the Commonwealth.” The section has been set out without that paragraph at the direction of the Virginia Code Commission.

Effective date.

This title is effective October 1, 2001.

The 2011 amendments.

The 2011 amendments by cc. 827 and 867 are identical and rewrote the section, which read: “There is created in the Office of the Governor, the Virginia Liaison Office, as (‘the Office’). The Office shall consist of a Director who shall be appointed by the Governor, subject to confirmation by the General Assembly as provided in § 2.2-106 . The Director shall preferably, by reason of professional experience, be familiar with the structure and operations of the federal government and of the Commonwealth.”

The 2013 amendments.

The 2013 amendments by cc. 231 and 401 are identical, and substituted “position of Assistant to the Governor for Intergovernmental Affairs (the Assistant to the Governor)” for “Office of Intergovernmental Affairs (the Office). The purpose of the Office shall be” in subsection A; and rewrote subsection B.

§ 2.2-301. Duties of the Assistant to the Governor; staff; office location.

  1. The Assistant to the Governor shall be responsible for tasks assigned by law or by the Governor.
  2. The Assistant to the Governor may hire staff and accept offers of service from volunteers on a full-time or part-time basis.
  3. The Assistant to the Governor may obtain, either in the City of Washington, D.C., or at some location within the Commonwealth within 25 miles of Washington, D.C., such office space as he deems necessary for carrying out the duties imposed on him by this chapter.

History. 1978, c. 515, §§ 2.1-565, 2.1-566; 1981, c. 315; 2001, c. 844; 2011, cc. 827, 867; 2013, cc. 231, 401.

The 2011 amendments.

The 2011 amendments by cc. 827 and 867 are identical, and throughout the section, substituted “Assistant to the Governor” for “Director” and made minor stylistic changes.

The 2013 amendments.

The 2013 amendments by cc. 231 and 401 are identical, and in subsection A, deleted “the general management of the Office and for the” following “be responsible for,” and “to it” preceding “by law or”; substituted “full-time or part-time” for “full- or part-time” in subsection B.

§ 2.2-302. Responsibilities.

It shall be the responsibility of the Assistant to the Governor, generally, to serve as an institutional and organizational link between the government of the Commonwealth and those agencies, bureaus, departments, offices, and entities of the United States government located in the City of Washington, D.C., and its immediate environs. The responsibilities of the Assistant to the Governor shall include, but not necessarily be limited to:

  1. Monitoring, tracking, and conducting in-depth analyses of federal legislation and regulations that have a direct impact on the Commonwealth and providing the Governor, the appropriate Cabinet Secretaries, and state agencies with up-to-date information on the status of such federal legislation and regulations, including the potential impact on the Commonwealth and coordination of state positions on such legislation and regulations;
  2. Influencing the development and outcome of federal legislation by keeping the Virginia Congressional Delegation informed about the Governor’s priorities and the impact that such legislation will have on the management, the budget, and the citizens of the Commonwealth;
  3. Providing advice regarding written or oral testimony to be presented by the Governor or state agency heads before Congressional committees;
  4. Alerting state agencies to early opportunities for federal grants and working with the Department of Planning and Budget to monitor and track the status of federal grant applications submitted by state agencies;
  5. Joining in cooperative efforts with other states, through other offices of intergovernmental affairs, governors associations, and interstate groups with which the Commonwealth has an affiliation, on issues of mutual concern;
  6. Serving as an information source about the Commonwealth upon the request of (i) another state’s governor’s office or Congressional member’s staff, (ii) the White House, (iii) a federal agency, or (iv) the embassy of a foreign country;
  7. Assisting state agency officials in (i) resolving administrative problems that may occur between the state agency and federal agencies and (ii) obtaining needed information from the federal government;
  8. Arranging meetings between federal and state officials; and
  9. Reporting twice yearly to the members of the Senate Committee on Finance and Appropriations, the House Committee on Appropriations, and the Governor on all federal mandates and regulations that may have an effect on the Commonwealth. These reports shall be presented by January 31 and July 31 of each year and shall contain the recorded votes of each member of the Virginia Congressional Delegation for all such legislation.

History. 1978, c. 515, § 2.1-567; 1981, c. 315; 1994, c. 479; 1997, c. 67; 2001, c. 844; 2011, cc. 827, 867; 2013, cc. 231, 401.

Editor’s note.

The Virginia Code Commission authorized the substitution of “Senate Committee on Finance and Appropriations” for “Senate Committee on Finance” in subdivision 9. March 10, 2021.

The 2011 amendments.

The 2011 amendments by cc. 827 and 867 are identical, and rewrote the section.

The 2013 amendments.

The 2013 amendments by cc. 231 and 401 are identical, and in the introductory paragraph, deleted “the Office, through,” following “It shall be the responsibility of” and substituted “Assistant to the Governor” for “Office” near the end; and deleted “and serving as a base office for state officials traveling to Washington, D.C.” at the end of subdivision 8.

§ 2.2-302.1. Support for enactment of pooled purchasing of health insurance efforts.

It is the public policy of the Commonwealth to support federal efforts to encourage pooling of health insurance by small businesses, provided any such health insurance plans remain subject to state law.

History. 2006, c. 910.

§ 2.2-303. Cooperation with Department of Planning and Budget; supplemental assistance.

The Assistant to the Governor shall be charged with the coordination of his work with that of the Virginia Department of Planning and Budget. The Department of Planning and Budget shall provide the Assistant to the Governor with such support, beyond that provided for in §§ 2.2-301 and 2.2-302 , as may prove necessary.

History. 1978, c. 515, § 2.1-568; 1981, c. 315; 2001, c. 844; 2011, cc. 827, 867; 2013, cc. 231, 401.

The 2011 amendments.

The 2011 amendments by cc. 827 and 867 are identical, and inserted “and 2.2-302 ” and made a related change.

The 2013 amendments.

The 2013 amendments by cc. 231 and 401 are identical, and substituted “Assistant to the Governor” for “Office” in the first and second sentence, and “his” for “its” in the first sentence.

Chapter 3.1. Office of Commonwealth Preparedness.

§§ 2.2-304 through 2.2-306.

Repealed by Acts 2011, cc. 780 and 858, cl. 2, effective April 6, 2011.

Editor’s note.

Former Chapter 3.1 (§§ 2.2-304 , 2.2-305, and 2.2-306) of Title 2.2, pertaining to the Office of Commonwealth Preparedness, was enacted by 2006, cc. 860, 901, and amended by 2007, cc. 714, 729, 742.

Amendments to former § 2.2-306 by Acts 2011, cc. 691 and 714 have been given effect in § 2.2-233.

Chapter 3.2. Office of the State Inspector General.

Article 1. General Provisions.

§ 2.2-307. Definitions.

As used in this chapter, unless the context requires a different meaning:

“Employee” means any person who is regularly employed full time on either a salaried or wage basis, whose tenure is not restricted as to temporary or provisional appointment, in the service of, and whose compensation is payable by, no more often than biweekly, in whole or in part, a state agency.

“Nonstate agency” means any public or private foundation, authority, institute, museum, corporation, or similar organization that is (i) not a unit of state government or a political subdivision of the Commonwealth as established by general law or special act and (ii) wholly or principally supported by state funds. “Nonstate agency” shall not include any such entity that receives state funds (a) as a subgrantee of a state agency, (b) through a state grant-in-aid program authorized by law, (c) as a result of an award of a competitive grant or a public contract for the procurement of goods, services, or construction, or (d) pursuant to a lease of real property as described in subdivision 5 of § 2.2-1149 .

“Office” means the Office of the State Inspector General.

“Officer” means any person who is elected or appointed to a public office in a state agency.

“State agency” means any agency, institution, board, bureau, commission, council, or instrumentality of state government in the executive branch listed in the appropriation act. “State agency” also includes any local department of social services.

History. 2011, cc. 798, 871; 2017, c. 590.

Editor’s note.

Acts 2011, cc. 798 and 871, cl. 3 provides: “That, effective July 1, 2012, the Office of the State Inspector General created by this act shall be deemed the successor in interest to the (i) Office of the Inspector General for Behavioral Health and Developmental Services, (ii) Inspector General for the Department of Corrections, (iii) Inspector General of the Department of Juvenile Justice, (iv) Inspector General of the Department of Transportation, and (v) Department of the State Internal Auditor, to the extent that this act transfers powers and duties. All rights, title, and interest in and to any real or tangible personal property vested in the Inspector General for Behavioral Health and Developmental Services, the Inspector General for the Department of Corrections, the Inspector General of the Department of Juvenile Justice, the Inspector General of the Department of Transportation, and the Department of the State Internal Auditor to the extent that this act transfers powers and duties as of July 1, 2012, shall be transferred to and taken as standing in the name of the Office of the State Inspector General created by this act.”

Acts 2011, cc. 798 and 871, cl. 4 provides: “That the Governor may transfer an appropriation or any portion thereof within a state agency established, abolished, or otherwise affected by the provisions of this act, or from one such agency to another, to support the changes in organization or responsibility resulting from or required by the provisions of this act.”

Acts 2011, cc. 798 and 871, cl. 5 provides: “That the Governor, on or before December 31, 2011, shall, in consultation with impacted stakeholders, complete a plan for the coordination and oversight of the internal audit programs to the Office of the State Inspector General. This plan shall consider where transfer of the internal audit program to the Office is necessary or when a dual reporting structure is most practicable.”

Acts 2011, cc. 798 and 871, cl. 6 provides: “That any regulations adopted by the State Internal Auditor that are in effect as of the effective date of this act [July 1, 2012] and that pertain to the subject of this act shall remain in full force and effect until altered, amended, or rescinded by the State Inspector General.”

Acts 2011, cc. 798 and 871, cl. 7 provides: “That the provisions of this act shall become effective on July 1, 2012, except that the provisions of the fifth enactment of this act shall become effective on July 1, 2011.”

The 2017 amendments.

The 2017 amendment by c. 590 added the second sentence in the definition for “State agency.”

OPINIONS OF THE ATTORNEY GENERAL

Jurisdiction. —

The Office of the State Inspector General is not required to assume all duties, powers, and resources from the predecessor entities. The jurisdiction of the Office of the State Inspector General is limited to executive branch agencies; non-governmental entities that are wholly or principally supported by state funds not otherwise excepted by the definition of “nonstate agency”; and public institutions of higher education to the extent that there are allegations of fraud, waste, abuse, or corruption concerning either the president of the institution or such institution’s internal audit department. See opinion of Attorney General to the Honorable Michael F.A. Morehart, State Inspector General, 12-076, (7/19/13).

§ 2.2-308. Office created; appointment of State Inspector General.

  1. There is hereby created the Office of the State Inspector General, which shall be headed by a State Inspector General appointed by the Governor, subject to confirmation by the General Assembly. The State Inspector General shall be appointed for a four-year term. The State Inspector General shall have at least five years of demonstrated experience or expertise in accounting, public administration, or audit investigations as a certified public accountant or a certified internal auditor. Vacancies shall be filled by appointment by the Governor for the unexpired term and shall be effective until 30 days after the next session of the ensuing General Assembly and, if confirmed, thereafter for the remainder of such term. The Governor may remove the State Inspector General from office for malfeasance, misfeasance, incompetence, misconduct, neglect of duty, absenteeism, conflict of interests, or failure to carry out the policies of the Commonwealth as established in the Constitution or by the General Assembly. The Governor shall set forth in a written public statement his reasons for removing the State Inspector General at the time the removal occurs.
  2. The State Inspector General shall exercise the powers and perform the duties conferred or imposed upon him by law. The State Inspector General shall be responsible for the overall supervision of the Office.
  3. Nothing in this chapter shall be construed to limit or prevent the General Assembly from reviewing the operations of any state agency or directing such review or audit by the Joint Legislative Audit and Review Commission or the Auditor of Public Accounts or to otherwise limit the statutory responsibilities of either the Joint Legislative Audit and Review Commission or the Auditor of Public Accounts.

History. 2011, cc. 798, 871.

Editor’s note.

Acts 2011, cc. 798 and 871, cl. 7 provides: “That the provisions of this act shall become effective on July 1, 2012, except that the provisions of the fifth enactment of this act shall become effective on July 1, 2011.”

§ 2.2-309. Powers and duties of State Inspector General.

  1. The State Inspector General shall have power and duty to:
    1. Operate and manage the Office and employ such personnel as may be required to carry out the provisions of this chapter;
    2. Make and enter contracts and agreements as may be necessary and incidental to carry out the provisions of this chapter and apply for and accept grants from the United States government and agencies and instrumentalities thereof, and any other source, in furtherance of the provisions of this chapter;
    3. Receive complaints from whatever source that allege fraud, waste, including task or program duplication, abuse, or corruption by a state agency or nonstate agency or by any officer or employee of the foregoing and determine whether the complaints give reasonable cause to investigate;
    4. Receive complaints under § 2.2-2832 from persons alleging retaliation by an officer or employee of a state agency for providing testimony before a committee or subcommittee of the General Assembly and determine whether the complaints give reasonable cause to investigate;
    5. Investigate the management and operations of state agencies, nonstate agencies, and independent contractors of state agencies to determine whether acts of fraud, waste, abuse, or corruption have been committed or are being committed by state officers or employees or independent contractors of a state agency or any officers or employees of a nonstate agency, including any allegations of criminal acts affecting the operations of state agencies or nonstate agencies. However, no investigation of an elected official of the Commonwealth to determine whether a criminal violation has occurred, is occurring, or is about to occur under the provisions of § 52-8.1 shall be initiated, undertaken, or continued except upon the request of the Governor, the Attorney General, or a grand jury;
    6. Prepare a detailed report of each investigation stating whether fraud, waste, abuse, or corruption has been detected. If fraud, waste, abuse, or corruption is detected, the report shall (i) identify the person committing the wrongful act or omission, (ii) describe the wrongful act or omission, and (iii) describe any corrective measures taken by the state agency or nonstate agency in which the wrongful act or omission was committed to prevent recurrences of similar actions;
    7. Provide timely notification to the appropriate attorney for the Commonwealth and law-enforcement agencies whenever the State Inspector General has reasonable grounds to believe there has been a violation of state criminal law;
    8. Administer the Fraud and Abuse Whistle Blower Reward Fund created pursuant to § 2.2-3014 ;
    9. Oversee the Fraud, Waste and Abuse Hotline;
    10. Conduct performance reviews of state agencies to assess the efficiency, effectiveness, or economy of programs and to ascertain, among other things, that sums appropriated have been or are being expended for the purposes for which the appropriation was made and prepare a report for each performance review detailing any findings or recommendations for improving the efficiency, effectiveness, or economy of state agencies, including recommending changes in the law to the Governor and the General Assembly that are necessary to address such findings;
    11. Coordinate and require standards for those internal audit programs in existence as of July 1, 2012, and for other internal audit programs in state agencies and nonstate agencies as needed in order to ensure that the Commonwealth’s assets are subject to appropriate internal management controls;
    12. As deemed necessary, assess the condition of the accounting, financial, and administrative controls of state agencies and nonstate agencies and make recommendations to protect the Commonwealth’s assets;
    13. Assist agency internal auditing programs with technical auditing issues and coordinate and provide training to the Commonwealth’s internal auditors;
    14. Assist citizens in understanding their rights and the processes available to them to express concerns regarding the activities of a state agency or nonstate agency or any officer or employee of the foregoing;
    15. Maintain data on inquiries received, the types of assistance requested, any actions taken, and the disposition of each such matter;
    16. Upon request, assist citizens in using the procedures and processes available to express concerns regarding the activities of a state or nonstate agency or any officer or employee of the foregoing;
    17. Ensure that citizens have access to the services provided by the State Inspector General and that citizens receive timely responses to their inquiries from the State Inspector General or his representatives; and
    18. Do all acts necessary or convenient to carry out the purposes of this chapter.
  2. If the State Inspector General receives a complaint from whatever source that alleges fraud, waste, abuse, or corruption by a public institution of higher education that is (i) a covered institution as defined by the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.) and (ii) classified as a Level 3 institution by the State Council of Higher Education for Virginia, or any of its officers or employees, the State Inspector General shall, but for reasonable and articulable causes, refer the complaint to the internal audit department of the public institution of higher education for investigation. However, if the complaint concerns the president of the institution or its internal audit department, or if the State Inspector General otherwise concludes that his office should investigate the complaint to ensure a comprehensive and fully independent investigation, the investigation shall be conducted by the State Inspector General. The State Inspector General may provide assistance for investigations as may be requested by the public institution of higher education.The public institution of higher education shall provide periodic updates on the status of investigations, whether they originated internally or were referred by the State Inspector General, and report annually to the State Inspector General on the results of all such investigations.
  3. The State Inspector General shall establish procedures governing the intake and investigation of complaints alleging allegations of fraud, waste, abuse, or corruption by a state agency or nonstate agency or by any officer or employee of a state agency or nonstate agency. Such procedures shall:
    1. Provide that the State Inspector General, or his designee, shall review each decision to dismiss an allegation reported to the State Fraud, Waste, and Abuse Hotline at the initial intake stage without further investigation.
    2. Require that (i) investigators of the Office of the State Inspector General directly investigate allegations of serious administrative violations and (ii) other agency internal audit divisions may investigate allegations meeting certain criteria specified by the State Inspector General, only if the internal audit division has demonstrated the ability to conduct investigations in an independent, effective, and timely manner. Criteria may include allegations below a specified dollar threshold.
    3. Require oversight by the Office of the State Inspector General of all investigations referred to other agencies to ensure quality, timeliness, and independence.
    4. Develop a process for the regular review of the status of recommendations made by the Office of the State Inspector General as a result of an investigation conducted pursuant to this chapter.

History. 2011, cc. 798, 871; 2013, cc. 717, 723; 2014, c. 788; 2016, c. 628; 2020, c. 354.

Editor’s note.

Acts 2011, cc. 798 and 871, cl. 7 provides: “That the provisions of this act shall become effective on July 1, 2012, except that the provisions of the fifth enactment of this act shall become effective on July 1, 2011.”

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item 64 B, effective for the biennium ending June 30, 2022, provides: “The Office of the State Inspector General shall be responsible for investigating the management and operations of state agencies and nonstate agencies to determine whether acts of fraud, waste, abuse, or corruption have been committed or are being committed by state officers or employees or any officers or employees of a nonstate agency, including any allegations of criminal acts affecting the operations of state agencies or nonstate agencies. However, no investigation of an elected official of the Commonwealth to determine whether a criminal violation has occurred, is occurring, or is about to occur under the provisions of § 52-8.1 shall be initiated, undertaken, or continued except upon the request of the Governor, the Attorney General, or a grand jury.”

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item 64 C, effective for the biennium ending June 30, 2022, provides: “The Office of the State Inspector General shall be responsible for coordinating and recommending standards for those internal audit programs in existence as of July 1, 2012, and developing and maintaining other internal audit programs in state agencies and nonstate agencies as needed in order to ensure that the Commonwealth’s assets are subject to appropriate internal management controls. The State Inspector General shall assess the condition of the accounting, financial, and administrative controls of state agencies and nonstate agencies.”

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item 64 D, effective for the biennium ending June 30, 2022, provides: “ The Office of the State Inspector General shall be responsible for providing timely notification to the appropriate attorney for the Commonwealth and law-enforcement agencies whenever the State Inspector General has reasonable grounds to believe there has been a violation of state criminal law.”

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item 64 E, effective for the biennium ending June 30, 2022, provides: “The Office of the State Inspector General shall be responsible for assisting citizens in understanding their rights and the processes available to them to express concerns regarding the activities of a state agency or nonstate agency or any officer or employee of the foregoing;”

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item 64 F, effective for the biennium ending June 30, 2022, provides:

“1. The Office of the State Inspector General shall be responsible for development, coordination and management of a program to train internal auditors. The Office of the State Inspector General shall assist internal auditors of state agencies and institutions in receiving continued professional education as required by professional standards. The Office of the State Inspector General shall coordinate its efforts with state institutions of higher education and offer training programs to the internal auditors as well as coordinate any special training programs for the internal auditors.

“2. To fund the direct costs of hiring training instructors, the Office of the State Inspector General is authorized to collect fees from training participants to provide training events for internal auditors. A nongeneral fund appropriation of $125,000 the first year and $125,000 the second year is provided for use by the Office of the State Inspector General to facilitate the collection of payments from training participants for this purpose.”

The 2013 amendments.

The 2013 amendments by cc. 717 and 723 are identical, and rewrote former subdivisions A 6, A 7, A 12 and A 13 as subdivisions A 5, A 6, A 9 and A 7, respectively, added subdivision A 8, and redesignated the remaining subdivisions accordingly; rewrote subdivision A 11; and made minor stylistic changes.

The 2014 amendments.

The 2014 amendment by c. 788 in subdivision A 4 inserted “and independent contractors of state agencies” and “or independent contractors of a state agency” and made related changes; in subdivision A 9 inserted “assess the efficiency, effectiveness, or economy of programs and to,” “among other things,” “effectiveness, or economy” preceding “of state,” deleted “evaluate the effectiveness of the programs in accomplishing such purpose” following “appropriation was made,” and made minor stylistic changes; and in the first paragraph of subsection B inserted “but for reasonable and articulable causes,” substituted “However, if” for “unless,” added the last sentence, and made stylistic changes.

The 2016 amendments.

The 2016 amendment by c. 628 added subdivision 4 and redesignated remaining subdivisions accordingly.

The 2020 amendments.

The 2020 amendment by c. 354, in subsection B, inserted “that is (i) a covered institution as defined by the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.) and (ii) classified as a Level 3 institution by the State Council of Higher Education for Virginia” in the first sentence and inserted “or if the State Inspector General otherwise concludes that his office should investigate the complaint to ensure a comprehensive and fully independent investigation” in the penultimate sentence in the first paragraph and rewrote the second paragraph, which had read, “The public institution of higher education shall provide periodic updates on the status of any investigation and make the results of any such investigation available to the State Inspector General; and added subsection C.

OPINIONS OF THE ATTORNEY GENERAL

Powers and duties. —

The Office of the State Inspector General is not required to assume all duties, powers, and resources from the predecessor entities. The jurisdiction of the Office of the State Inspector General is limited to executive branch agencies; non-governmental entities that are wholly or principally supported by state funds not otherwise excepted by the definition of “nonstate agency”; and public institutions of higher education to the extent that there are allegations of fraud, waste, abuse, or corruption concerning either the president of the institution or such institution’s internal audit department. See opinion of Attorney General to the Honorable Michael F.A. Morehart, State Inspector General, 12-076, (7/19/13).

§ 2.2-309.1. Additional powers and duties; behavioral health and developmental services.

  1. The definitions found in § 37.2-100 shall apply mutatis mutandis to the terms used in this section.
  2. In addition to the duties set forth in this chapter, the State Inspector General shall have the following powers and duties to:
    1. Provide inspections of and make policy and operational recommendations for state facilities and for providers, including licensed mental health treatment units in state correctional facilities, in order to prevent problems, abuses, and deficiencies in and improve the effectiveness of their programs and services. The State Inspector General shall provide oversight and conduct announced and unannounced inspections of state facilities and of providers, including licensed mental health treatment units in state correctional facilities, on an ongoing basis in response to specific complaints of abuse, neglect, or inadequate care and as a result of monitoring serious incident reports and reports of abuse, neglect, or inadequate care or other information received. The State Inspector General shall conduct unannounced inspections at each state facility at least once annually;
    2. Inspect, monitor, and review the quality of services provided in state facilities and by providers as defined in § 37.2-403 , including licensed mental health treatment units in state correctional facilities;
    3. Access any and all information, including confidential consumer information, related to the delivery of services to consumers in state facilities or served by providers, including licensed mental health treatment units in state correctional facilities. However, the State Inspector General shall not be given access to any proceedings, minutes, records, or reports of providers that are privileged under § 8.01-581.17 , except that the State Inspector General shall be given access to any privileged information in state facilities and licensed mental health treatment units in state correctional facilities. All consumer information shall be maintained by the State Inspector General as confidential in the same manner as is required by the agency or provider from which the information was obtained;
    4. Keep the General Assembly and the Joint Commission on Health Care fully and currently informed by means of reports required by § 2.2-313 concerning significant problems, abuses, and deficiencies relating to the administration of the programs and services of state facilities and of providers, including licensed mental health treatment units in state correctional facilities, to recommend corrective actions concerning the problems, abuses, and deficiencies, and report on the progress made in implementing the corrective actions;
    5. Provide oversight of the Department of Behavioral Health and Developmental Services and community-based providers to identify system-level issues and conditions affecting quality of care and safety and provide recommendations to alleviate such issues and conditions;
    6. Implement a program to promote awareness of the complaints line operated by the Office of the State Inspector General among residents of facilities operated by the Department of Behavioral Health and Developmental Services and persons receiving services from community-based providers regulated by the Department of Behavioral Health and Developmental Services;
    7. Review, comment on, and make recommendations about, as appropriate, any reports prepared by the Department of Behavioral Health and Developmental Services and the critical incident data collected by the Department of Behavioral Health and Developmental Services in accordance with regulations adopted under § 37.2-400 to identify issues related to quality of care, seclusion and restraint, medication usage, abuse and neglect, staff recruitment and training, and other systemic issues;
    8. As deemed necessary, monitor, review, and comment on regulations adopted by the Board of Behavioral Health and Developmental Services; and
    9. Receive reports, information, and complaints from the Commonwealth’s designated protection and advocacy system concerning issues related to quality of care provided in state facilities and by providers, including licensed mental health treatment units in state correctional facilities, and conduct independent reviews and investigations.

History. 2013, cc. 571, 717, 723; 2014, c. 788; 2020, c. 354.

Editor’s note.

Acts 2013, cc. 717 and 723, repealed former § 2.2-316 and enacted this section. At the direction of the Virginia Code Commission, the amendment to former § 2.2-316 by Acts 2013, c. 571, has been applied to this section by substituting “Commonwealth’s designated protection and advocacy system” for “Virginia Office for Protection and Advocacy” in subdivision B 7.

The 2014 amendments.

The 2014 amendment by c. 788 in subdivision B 5 inserted “of Behavioral Health and Developmental Services” twice; and rewrote subdivision B 6, which formerly read “Monitor and participate in the adoption of regulations by the Board; and.”

The 2020 amendments.

The 2020 amendment by c. 354 added subsections 5 and 6 and renumbered subsection 5 through 7 as subsections 7 through 9.

§ 2.2-309.2. Additional powers and duties; Tobacco Region Revitalization Commission.

The State Inspector General shall (i) review the condition of the Tobacco Region Revitalization Commission’s accounting, financial, and administrative controls to ensure that the purposes set forth in Chapter 31 (§ 3.2-3100 et seq.) of Title 3.2 are lawfully achieved; (ii) investigate to resolve allegations of fraudulent, illegal, or inappropriate activities concerning (a) disbursements from the Tobacco Indemnification and Community Revitalization Endowment created pursuant to § 3.2-3104 and (b) distributions from the Tobacco Indemnification and Community Revitalization Fund created pursuant to § 3.2-3106; and (iii) detect fraud, waste, and abuse and take actions to prevent the same.

History. 2013, cc. 717, 723.

Editor’s note.

At the direction of the Virginia Code Commission, the reference to “Tobacco Region Revitalization Commission” was substituted for “Tobacco Indemnification and Community Revitalization Commission” in the section catchline and statute text to conform to Acts 2015, cc. 399 and 433.

§ 2.2-309.3. Additional powers and duties; adult corrections.

  1. The definitions found in § 53.1-1 shall apply mutatis mutandis to the terms used in this section.
  2. In addition to the duties set forth in this chapter, the State Inspector General shall review, comment on, and make recommendations about, as appropriate, any reports prepared by the Department of Corrections and any critical incident data collected by the Department of Corrections in accordance with regulations adopted to identify issues related to quality of care, seclusion and restraint, medication usage, abuse and neglect, staff recruitment and training, and other systemic issues.
  3. Nothing in this section shall be construed to grant the Office any authority over the operation and security of local jails that is not specified in other provisions of law.

History. 2013, cc. 717, 723; 2014, c. 788.

The 2014 amendments.

The 2014 amendment by c. 788, in subsection B, deleted “have the following powers and duties to:” following “State Inspector General shall,” deleted the subdivision B 1 designation, inserted “of Corrections” twice, deleted subdivision B 2, which read “Monitor and participate in the adoption of regulations by the Board,” and made related changes.

§ 2.2-309.4. Additional powers and duties; juvenile justice.

  1. The definitions found in § 66-12 shall apply mutatis mutandis to the terms used in this section.
  2. In addition to the duties set forth in this chapter, the State Inspector General shall review, comment on, and make recommendations about, as appropriate, any reports prepared by the Department of Juvenile Justice and any critical incident data collected by the Department of Juvenile Justice in accordance with regulations adopted to identify issues related to quality of care, seclusion and restraint, medication usage, abuse and neglect, staff recruitment and training, and other systemic issues.
  3. Nothing in this section shall be construed to grant the Office any authority over the operation and security of detention homes that is not specified in other provisions of law.

History. 2013, cc. 717, 723; 2014, c. 788.

The 2014 amendments.

The 2014 amendment by c. 788, in subsection B, deleted “have the following powers and duties to:” following “State Inspector General shall,” deleted the subdivision B 1 designation, inserted “of Juvenile Justice” twice, deleted subdivision B 2, which read “Monitor and participate in the adoption of regulations by the Board,” and made related changes.

§ 2.2-310. Cooperation of state agencies and officers.

  1. Each state agency and every officer and employee shall (i) promptly report any allegations of criminal acts or acts of fraud, waste, abuse, or corruption and (ii) cooperate with, and provide assistance to, the State Inspector General in the performance of any investigation. This reporting requirement shall be deemed satisfied for officers or employees of an agency once the agency head reports to the State Inspector General any allegations of criminal acts, fraud, waste, abuse, or corruption within the agency. Each state agency shall make its premises, equipment, personnel, books, records, and papers readily available to the State Inspector General upon request.
  2. When a state agency head or officer discovers any unauthorized, illegal, irregular, or unsafe handling or expenditure of state funds, or if it comes to his attention that any unauthorized, illegal, or unsafe handling or expenditure of state funds is contemplated but not consummated, he shall promptly report the same to the State Inspector General.
  3. The State Inspector General may enter upon the premises of any state agency at any time, without prior announcement, if necessary to the successful completion of an investigation. In the course of an investigation, the State Inspector General may question any officer or employee serving in, and any person transacting business with, the state agency and may inspect and copy any books, records, or papers in the possession of the state agency. The State Inspector General shall preserve the confidentiality of any information obtained from a state agency during the course of an investigation in accordance with applicable state and federal law.

History. 2011, cc. 798, 871; 2013, cc. 717, 723.

Editor’s note.

Acts 2011, cc. 798 and 871, cl. 7 provides: “That the provisions of this act shall become effective on July 1, 2012, except that the provisions of the fifth enactment of this act shall become effective on July 1, 2011.”

The 2013 amendments.

The 2013 amendments by cc. 717 and 723 are identical, and in subsection A, substituted “abuse, or corruption and” for “abuse, corruption, or mistreatment and” in clause (i) of the first sentence, and added the second sentence.

§ 2.2-311. Enforcement of laws by the State Inspector General or investigators; police power of the Office of State Inspector General; training.

  1. The State Inspector General may designate himself and no more than 30 members of the investigations unit of the Office to have the same powers as a sheriff or a law-enforcement officer in the investigation of allegations of criminal behavior affecting the operations of a state agency or nonstate agency pursuant to his duties as set forth in this chapter. Such employees shall be subject to any minimum training standards established by the Department of Criminal Justice Services under § 9.1-102 for law-enforcement officers prior to exercising any law-enforcement power under this subsection.The State Inspector General and the Superintendent of the Virginia State Police shall enter into a Memorandum of Understanding setting forth the respective roles and responsibilities of their agencies, including but not limited to the categories of investigations that will be overseen by each agency and how to avoid redundancy or operation conflicts. The Memorandum of Understanding will be approved by the Governor’s chief of staff and will be reviewed periodically at the request of either agency, but not less than every four years, and revised as agreed to by the agencies and endorsed by the Governor’s chief of staff.
  2. The State Inspector General or investigators as may be designated by him also shall have the authority to issue summonses for violations of the statutes that the State Inspector General is required to enforce. In the event a person issued such a summons fails or refuses to discontinue the unlawful acts or refuses to give a written promise to appear at the time and place specified in the summons, the investigator may appear before a magistrate or other issuing authority having jurisdiction to obtain a criminal warrant pursuant to § 19.2-72 .
  3. All investigators appointed by the State Inspector General are vested with the authority to administer oaths or affirmations for the purpose of receiving complaints and conducting investigations of violations of the statutes and regulations that the State Inspector General is required to enforce. Such investigators are vested with the authority to obtain, serve, and execute any warrant, paper, or process issued by any court or magistrate or under the authority of the State Inspector General, and request and receive criminal history information under the provisions of § 19.2-389 .

History. 2011, cc. 798, 871; 2013, cc. 717, 723.

Editor’s note.

Acts 2011, cc. 798 and 871, cl. 7 provides: “That the provisions of this act shall become effective on July 1, 2012, except that the provisions of the fifth enactment of this act shall become effective on July 1, 2011.”

The 2013 amendments.

The 2013 amendments by cc. 717 and 723 are identical, and rewrote subsection A and designated the former second paragraph of subsection A as subsection B; and substituted “investigators as may be designated by him” for “investigators appointed by him” in subsection B; and redesignated former subsection B as subsection C.

OPINIONS OF THE ATTORNEY GENERAL

Same powers as a sheriff or law-enforcement officer. —

The Office of the State Inspector General director may designate himself and no more than 30 members of the investigation unit to have the same powers as a sheriff or law-enforcement officer in the investigation of allegations of criminal behavior affecting the operations of a state agency or a nonstate agency pursuant to his duties. Law-enforcement powers would include the power to arrest and execute criminal process as necessary to carry out Office of the State Inspector General duties. See opinion of Attorney General to the Honorable R. Steven Landes, Member, House of Delegates, 12-089, (7/19/13).

§ 2.2-312. Subpoenas.

  1. The State Inspector General or a designated subordinate may issue a subpoena for the appearance of an individual before any hearing conducted by the Office. The subpoena shall be served by the State Inspector General or a designated subordinate and enforced by the court of that jurisdiction.
  2. The State Inspector General may make an ex parte application to the circuit court for the county or city wherein evidence sought is kept for the issuance of a subpoena duces tecum in furtherance of an investigation or to request production of any relevant records, documents, and physical or other evidence of any person, partnership, association, or corporation located in the Commonwealth. The court may issue and compel compliance with such a subpoena upon a showing of reasonable cause. Upon determining that reasonable cause exists to believe that evidence may be destroyed or altered, the court may issue a subpoena duces tecum requiring the immediate production of evidence.

History. 2011, cc. 798, 871.

Editor’s note.

Acts 2011, cc. 798 and 871, cl. 7 provides: “That the provisions of this act shall become effective on July 1, 2012, except that the provisions of the fifth enactment of this act shall become effective on July 1, 2011.”

§ 2.2-313. Reports.

  1. The State Inspector General shall prepare an annual report to the Governor and the General Assembly summarizing the activities of the Office. Such report shall include, but need not be limited to: (i) a description of any significant problems, abuses, and deficiencies related to the management or operation of state agencies or nonstate agencies during the reporting period; (ii) a description of the recommendations for any corrective actions made by the Office during the reporting period with respect to significant problems, abuses, or deficiencies identified; (iii) a summary of matters referred to the attorneys for the Commonwealth and law-enforcement agencies and actions taken on them during the reporting period; (iv) information concerning the numbers of complaints received and types of investigations completed by the Office during the reporting period; (v) the development and maintenance of internal audit programs in state agencies and nonstate agencies; and (vi) the results of any state agency performance reviews, including a summary of any findings or recommendations for improving the efficiency of state agencies. The annual report shall cover the period July 1 until June 30 of the immediately preceding fiscal year. Notwithstanding any other provision of law, annual reports shall be transmitted directly to the Governor and the General Assembly.
  2. The State Inspector General shall notify the Governor’s chief of staff, the Speaker, Majority Leader, and Minority Leader of the House of Delegates, and the President pro tempore, Majority Leader, and Minority Leader of the Senate of problems, abuses, or deficiencies relating to the management or operation of a state agency or nonstate agency.
  3. The State Inspector General shall keep the appropriate Secretaries advised of the Office’s activities as they relate to each respective Secretary on at least a quarterly basis, and of any significant problems, abuses, or deficiencies relating to the management or operation of a state agency within each such Secretary’s area of responsibility. However, when the State Inspector General becomes aware of significant problems, abuses, or deficiencies relating to the management or operation of a Secretary’s office, the State Inspector General shall report the same immediately to the Governor’s chief of staff.
  4. The State Inspector General may conduct such additional investigations and make such reports relating to the management and operation of state agencies as are, in the judgment of the State Inspector General, necessary or desirable.
  5. Notwithstanding any other provision of law, the reports, information, or documents required by or under this section shall be transmitted directly to the Governor’s chief of staff and the General Assembly by the State Inspector General.
  6. Records that are confidential under federal or state law shall be maintained as confidential by the State Inspector General and shall not be further disclosed, except as required by law.

History. 2011, cc. 798, 871; 2013, cc. 717, 723.

Editor’s note.

Acts 2011, cc. 798 and 871, cl. 7 provides: “That the provisions of this act shall become effective on July 1, 2012, except that the provisions of the fifth enactment of this act shall become effective on July 1, 2011.”

The 2013 amendments.

The 2013 amendments by cc. 717 and 723 are identical, and added the last two sentences in subsection A.

Article 2. Behavioral Health and Developmental Services.

§§ 2.2-314 through 2.2-316. Repealed by Acts 2013, cc. 717 and 723, cl. 2.

Cross references.

For current provisions pertaining to additional duties of the Inspector General with respect to behavioral health and developmental services, see § 2.2-309.1 .

Editor’s note.

Former § 2.2-314 , pertaining to Behavioral Health and Developmental Services, former § 2.2-315, pertaining to definitions, and former § 2.2-316, pertaining to additional powers and duties of State Inspector General, derived from Acts 2011, cc. 798, 871.

Acts 2013, c. 571, amended former § 2.2-316. See now § 2.2-309.1 .

Article 3. Corrections.

§§ 2.2-317, 2.2-318. Repealed by Acts 2013, cc. 717 and 723, cl. 2.

Cross references.

For current provisions pertaining to additional duties of the Inspector General with respect to adult corrections, see § 2.2-309.3 .

Editor’s note.

Former § 2.2-317 , pertaining to definitions, and former § 2.2-318, pertaining to additional powers and duties of the State Inspector General, derived from Acts 2011, cc. 798, 871.

Article 4. Juvenile Justice.

§§ 2.2-319, 2.2-320. Repealed by Acts 2013, cc. 717 and 723, cl. 2.

Cross references.

For current provisions pertaining to additional duties of the Inspector General with respect to juvenile justice, see § 2.2-309.4 .

Editor’s note.

Former § 2.2-319 , pertaining to definitions, and former § 2.2-320, pertaining to additional powers and duties of the State Inspector General, derived from Acts 2011, cc. 798, 871.

Article 5. Transportation.

§ 2.2-321. Repealed by Acts 2013, cc. 717 and 723, cl. 2.

Editor’s note.

Former § 2.2-321 , pertaining to additional powers and duties of the State Inspector General, derived from Acts 2011, cc. 798, 871.

Article 6. Tobacco Indemnification and Community Revitalization.

§ 2.2-322. Repealed by Acts 2013, cc. 717 and 723, cl. 2.

Cross references.

For current provisions pertaining to additional duties of the Inspector General with respect to the Tobacco Region Revitalization Commission, see § 2.2-309.2 .

Editor’s note.

Former § 2.2-322 , pertaining to additional powers and duties of the State Inspector General, derived from Acts 2011, cc. 798, 871.

Chapter 4. Secretary of the Commonwealth.

Article 1. General Provisions.

§ 2.2-400. Appointment and term of office; filling vacancies; oath.

  1. The Governor shall appoint, subject to confirmation by the General Assembly, a Secretary of the Commonwealth for a term commencing on the Monday after the third Wednesday in January after his inauguration. The appointment shall be for a term of four years. Vacancies shall be filled by appointment by the Governor for the unexpired term and shall be effective until thirty days after the next meeting of the ensuing General Assembly and, if confirmed, thereafter for the remainder of the term.
  2. The Secretary of the Commonwealth, before he acts as such, shall, in addition to the other oaths prescribed by law, take an oath to keep secret such matters as he may be required by the Governor to conceal.

History. Code 1950, § 2-59; 1958, c. 1, § 2-57.1; 1966, c. 677, §§ 2.1-65, 2.1-67; 2001, c. 844.

Effective date.

This title is effective October 1, 2001.

Michie’s Jurisprudence.

For related discussion, see 17 M.J. State, § 4.

§ 2.2-401. Ex officio Secretary to Governor; in charge of division of records.

The Secretary of the Commonwealth, who shall be ex officio Secretary to the Governor, shall be in direct charge of the division of records.

History. Code 1950, § 2-58; 1966, c. 677, § 2.1-66; 2001, c. 844.

CASE NOTES

Office of Secretary of Commonwealth not abolished. —

So much of Acts 1927, p. 105, as provided for the abolition of the office of Secretary of the Commonwealth was unconstitutional, and Acts 1930, p. 82, was inconsistent with any intent to abolish the office. Nor did the fact that for several years after 1930 the General Assembly made no direct appropriation to the office evidence any intent to abolish it by implication pursuant to the power given by § 80 of the Virginia Constitution of 1902. Jackson v. Hodges, 176 Va. 89 , 10 S.E.2d 566, 1940 Va. LEXIS 236 (1940) (decided under prior law).

No increase in salary during term of office. —

The Governor had no authority to increase the salary of the Secretary of the Commonwealth as ex officio Secretary to the Governor because of additional duties imposed upon him. Such increase was within the restriction of § 83 of the Virginia Constitution of 1902, prohibiting increase of salaries of officers of the executive department during term of office. Jackson v. Hodges, 176 Va. 89 , 10 S.E.2d 566, 1940 Va. LEXIS 236 (1940) (decided under prior law).

§ 2.2-401.01. Liaison to Virginia Indian tribes; Virginia Indigenous People’s Trust Fund.

  1. The Secretary of the Commonwealth shall:
    1. Serve as the Governor’s liaison to the Virginia Indian tribes; and
    2. Report annually on the status of Indian tribes in Virginia.
  2. The Secretary of the Commonwealth may establish a Virginia Indian advisory board to assist the Secretary in reviewing applications seeking recognition as a Virginia Indian tribe and to make recommendations to the Secretary, the Governor, and the General Assembly on such applications and other matters relating to recognition as follows:
    1. The members of any such board shall be composed of no more than seven members to be appointed by the Secretary as follows: at least three of the members shall be members of Virginia recognized tribes to represent the Virginia Indian community, and one nonlegislative citizen member shall represent the Commonwealth’s scholarly community. The Librarian of Virginia, the Director of the Department of Historic Resources, and the Superintendent of Public Instruction, or their designees, shall serve ex officio with voting privileges. Nonlegislative citizen members of any such board shall be citizens of the Commonwealth. Ex officio members shall serve terms coincident with their terms of office. Nonlegislative citizen members shall be appointed for a term of two years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. All members may be reappointed. The Secretary of the Commonwealth shall appoint a chairperson from among the members for a two-year term. Members shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825 .
    2. Any such board shall have the following powers and duties:
      1. Establish guidance for documentation required to meet the criteria for full recognition of the Virginia Indian tribes that is consistent with the principles and requirements of federal tribal recognition;
      2. Establish a process for accepting and reviewing all applications for full tribal recognition;
      3. Appoint and establish a workgroup on tribal recognition composed of nonlegislative citizens at large who have knowledge of Virginia Indian history and current status. Such workgroup (i) may be activated in any year in which an application for full tribal recognition has been submitted and in other years as deemed appropriate by any such board and (ii) shall include at a minimum a genealogist and at least two scholars with recognized familiarity with Virginia Indian tribes. No member of the workgroup shall be associated in any way with the applicant. Members of the workgroup shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825 ;
      4. Solicit, accept, use, and dispose of gifts, grants, donations, bequests, or other funds or real or personal property for the purpose of aiding or facilitating the work of the board;
      5. Make recommendations to the Secretary for full tribal recognition based on the findings of the workgroup and the board; and
      6. Perform such other duties, functions, and activities as may be necessary to facilitate and implement the objectives of this subsection.
  3. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Indigenous People’s Trust Fund, referred to in this section as “the Fund.” The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose, any tax revenue accruing to the Fund pursuant to § 58.1-4125 , and any gifts, donations, grants, bequests, and other funds received on its behalf 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. After payment of the costs of administration of the Fund, moneys in the Fund shall be used to make disbursements on a quarterly basis in equal amounts to each of the six Virginia Indian tribes federally recognized under P.L. 115-121 of 2018. 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 Secretary of the Commonwealth.

History. 2014, c. 582; 2016, c. 746; 2020, cc. 1197, 1248.

Editor’s note.

Acts 2020, cc. 1197 and 1248, cl. 2 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

Acts 2020, cc. 1197 and 1248, cl. 3 provides: “That the Virginia Lottery Board shall promulgate regulations to implement the provisions of this act to be effective within 280 days of its enactment.”

The 2016 amendments.

The 2016 amendment by c. 746, added the subsection A designation, and added subsection B.

The 2020 amendments.

The 2020 amendments by cc. 1197 and 1248 are identical, and added subsection C.

§ 2.2-401.1. Certified mail; subsequent mail or notices may be sent by regular mail.

Whenever in the Code of Virginia the Secretary is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Secretary may be sent by regular mail.

History. 2011, c. 566.

§ 2.2-402. Keeper of seals of Commonwealth; duties generally.

  1. The Secretary of the Commonwealth shall (i) be keeper of the seals of the Commonwealth; (ii) keep a record of all executive acts, arrange and preserve all records and papers belonging to the executive branch of state government; (iii) be charged with the clerical duties of that department; and (iv) render to the Governor, in the dispatch of executive business, such services as he requires. The Secretary of the Commonwealth shall record or register all papers or documents required by law to be registered or recorded in his office, and, when required, furnish a copy of any record in his office under the seal of the Commonwealth.
  2. The Secretary of the Commonwealth may authenticate records of any court of the Commonwealth and of any department of the government. He shall keep a register of all city, incorporated town, county, and district officers, and, when required, give a certificate of the election and qualification of any such officer.
  3. The Secretary of the Commonwealth shall make an annual report to the Governor, identifying the following: (i) the governing boards of all public institutions of higher education, and other boards appointed by the Governor; (ii) all commissions issued under appointments made by the Governor, except commissions to notaries public; (iii) all departments, boards, councils, commissions, and other collegial bodies created in the executive branch of state government; and (iv) such other matters as the Governor requires.The annual report shall also include:
    1. An organizational chart of state government that (i) identifies each agency, department, and institution of state government and (ii) contains a brief description of the duties of each agency, department, and institution. The Secretary of the Commonwealth may include such other information in the organizational chart as the Secretary deems appropriate. Annually, the Secretary shall make such revisions to the organizational chart as are necessary to ensure its accuracy. The organizational chart shall be posted on the Commonwealth’s website; and
    2. Information and photographs of the members of the General Assembly; these materials shall be maintained for the Secretary’s use in the annual report by the Clerks of the House of Delegates and the Senate.The reports shall be transmitted by the Governor to the General Assembly, printed as other annual reports are printed, bound in a separate volume, and disposed of according to law.
  4. The Secretary of the Commonwealth shall collect all fees described in § 2.2-409 , and all other fees of office and commissions, accruing and pay them into the state treasury.
  5. The Secretary of the Commonwealth shall, as soon as practicable, forward a copy of any absolute pardon granted by the Governor to a person for the commission of a crime that such person did not commit to the circuit court for the county or city in which such person was convicted of the crime for which the Governor granted the absolute pardon.

History. Code 1950, §§ 2-60, 14-13; 1956, c. 217; 1964, c. 386, § 14.1-14; 1966, c. 677, § 2.1-68; 1998, c. 872; 1999, c. 51; 2001, c. 844; 2012, c. 271; 2019, c. 181.

Editor’s note.

At the direction of the Virginia Code Commission, the following changes were made to conform to Acts 2016, c. 588: in subsection C, substituted “governing boards of all public institutions of higher education” for “boards of visitors of all public institutions”; and made minor stylistic changes.

The 2012 amendments.

The 2012 amendment by c. 271 added the subsection designators; rewrote subsection C, by inserting subdivisions C 1 and C 2; and deleted the former last paragraph of the section (the text of which is now in subdivision C 2).

The 2019 amendments.

The 2019 amendment by c. 181 added subsection E.

§ 2.2-403. Compilation of compacts and related records and reports.

The Secretary of the Commonwealth shall conserve a copy of each of the compacts to which the Commonwealth is now or has been a party, commencing with the compact entered into with the state of North Carolina that is referenced in chapter XXIX of the October Session of the 1778 Acts of the General Assembly. The record shall contain the dates on which the compacts were confirmed by the Commonwealth.

In accordance with § 30-154.1 , beginning July 1, 2001, the Virginia Code Commission shall annually forward to the Secretary of the Commonwealth any newly enacted, amended or repealed compact as it was adopted by the Commonwealth.

The Secretary of the Commonwealth shall also maintain all records relating to the appointment of persons in accordance with compacts confirmed by the Commonwealth.

The Secretary of the Commonwealth shall report to the Governor and the Virginia Commission on Interstate Cooperation within fifteen days after the convening of each legislative session, and at such other times as deemed appropriate, on appointments and vacancies to the interstate boards, commissions and committees established for the purposes of such compacts.

History. 1976, c. 198, § 2.1-68.1; 2001, cc. 100, 844.

Editor’s note.

Acts 2001, c. 100 amended § 2.1-68.1, from which this section is derived. Pursuant to § 30-152, Acts 2001, c. 100 has been given effect in this section as set out above. The 2001 amendment by c. 100, in the first paragraph, substituted “conserve a copy of each” for “prepare and maintain a compilation of all” in the first sentence, and in the second sentence, substituted “record” for “compilation” and deleted “and the complete texts of the terms of such compacts” at the end; and added the present second paragraph.

§ 2.2-404. Certifying records for use in other states.

Whenever any record of any court in the Commonwealth or of any department of the government is to be used in another state in the United States, the Secretary of the Commonwealth shall authenticate the same in the manner and give the certificates required by the laws of the state when such record is to be used, as far as practicable.

History. Code 1950, § 2-61; 1966, c. 677, § 2.1-69; 2001, c. 844.

§ 2.2-405. Secretary of Commonwealth to present list of vacancies to arise on commissions, boards, etc.

The Secretary of the Commonwealth shall prepare by the fifteenth of January in each year a list of all vacancies that are scheduled to arise during that year on all boards, commissions, councils or other collegial bodies appointed by the Governor. The list shall be presented to the Governor and the General Assembly as soon as practicable following its preparation, and the Secretary of the Commonwealth shall make copies of the list available to the public at cost.

History. 1979, c. 141, § 2.1-42.2; 2001, c. 844.

§ 2.2-406. Secretary of Commonwealth to report list of interim appointments requiring confirmation; other appointments.

  1. The Secretary of the Commonwealth shall periodically, during the interim between sessions of the General Assembly, present to the chairmen of the Senate and House Committees on Privileges and Elections a list of the names of all persons appointed by the Governor that require confirmation by the General Assembly. A list shall be presented by June 1, August 1, October 1, and December 1, and shall include the names of all persons so appointed since adjournment or since the last required report, the position to which appointed, and the person whom the appointee will succeed.
  2. The Secretary of the Commonwealth shall report to the General Assembly by December 1 of each year, the number of persons appointed to any state board, commission, agency or authority, categorized by race, gender and national origin. Information on the race, gender and national origin of appointees shall be obtained through voluntary self-identification following appointment. Such information shall be used solely for the purpose of compiling the statistical information required under this section and any personally identifiable information collected under this section shall be confidential and shall be exempt from disclosure under the Freedom of Information Act (§ 2.2-3700 et seq.).

History. 1994, c. 846, § 2.1-42.3; 1995, c. 579; 2001, c. 844.

§ 2.2-406.1. Secretary of Commonwealth to maintain and transfer records on collegial bodies to the Governor-elect.

  1. The Secretary of the Commonwealth shall maintain an electronic database of collegial bodies to which the Governor makes appointments. The database shall be organized by collegial body and include the following information:
    1. Authority for each appointment;
    2. Term length and term expiration dates for each appointee;
    3. Eligibility requirements or other restrictions affecting the next appointment;
    4. Name, address, and telephone number of each appointee;
    5. Identity of the chairman and vice-chairman  and the method of their election; and
    6. Name of the affiliated agency or entity that provides staff support and the name and telephone number of the contact person within such agency or entity.
  2. Agencies and entities of the Commonwealth that provide staff support to a collegial body shall notify the Secretary of the Commonwealth of an appointee’s death or resignation and any changes to the contact information for an appointee or staff or a appointee’s eligibility status.
  3. The electronic database or copy thereof shall be transferred to each Governor-elect upon request.

History. 2003, cc. 532, 556.

§ 2.2-407. Reserved.

§ 2.2-408. Collection of information relevant to boundary changes from governmental subdivisions of Commonwealth.

The Secretary of the Commonwealth shall be responsible for the collection from the governmental subdivisions of the Commonwealth of information relevant to their boundary changes and the dissemination of such information to the appropriate departments of state government.

History. 1978, c. 641, § 2.1-71.1; 2001, c. 844.

OPINIONS OF THE ATTORNEY GENERAL

Authority of Department of Environmental Quality to approve renewable energy projects. —

Because the Department of Environmental Quality is directed to assess whether a submitted application for a small renewable energy project meets the requirements of “the applicable permit by rule regulations,” the Department of Environmental Quality may treat the locality certification requirement of subdivision B 2 of § 10.1-1197.6 as inapplicable when a proposed wind project will be located in state waters or on state-owned submerged lands and may authorize a project if the agency determines that the project applicant has met all other applicable requirements. See opinion of Attorney General to Mr. David K. Paylor, Director, Virginia Department of Environmental Quality, 10-091, (12/30/10).

§ 2.2-409. Secretary of the Commonwealth.

  1. The Secretary of the Commonwealth shall charge the following fees for services rendered in his office to be paid by the person for whom the service is rendered at the time it is done:

    Click to viewAnd for filing in his office any paper required by law to be filed, the same fee as is allowed by law for recording similar papers.

  2. Notwithstanding any other provision of law, the Secretary shall charge a technology fee of $10 in addition to the fees set out in subsection A for commissioning of a notary public or electronic notary public, which funds shall be deposited into the Secretary of the Commonwealth’s Technology Trust Fund established by the comptroller and used only to obtain and update office automation and information technology equipment including software and conversion services; to preserve, maintain, and enhance records, including but not limited to the costs of repairs, maintenance, service contracts, and system upgrades; and to improve public access to records. There shall be no transfers out of the fund, including transfers to the general fund.

For a testimonial, including seal tax $10.00 For each authentication after the first testimonial for documents bearing the testament by the same person on the same date, including seal tax 5.00 For a copy of any paper, if on one sheet 1.00 And for each sheet after the first .75 For issuing a commission to a commissioner in another state 7.00 For power of attorney for nonresident insurers, contractors 3.00 For service of process on parties, each defendant 19.00 For service of process on reciprocal insurers 7.00 For registration of name, badge and insignia 7.50 For affixing the Seal of the Commonwealth 2.00 For issuing a commission to a notary for the Commonwealth at large, including seal tax 35.00 For issuing a commission to an electronic notary public 35.00

History. Code 1950, § 14-114; 1964, c. 386, § 14.1-103; 1966, c. 272; 1976, c. 559; 1979, c. 14; 1984, c. 362; 1987, cc. 449, 459; 1998, cc. 259, 872, § 2.1-71.2; 2001, c. 844; 2007, cc. 269, 362, 590.

Editor’s note.

Acts 2007, cc. 269 and 590, cl. 3, provides: “That the provisions of this Act relating to electronic notaries public and electronic notarization shall become effective July 1, 2008.”

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item 63 A, effective for the biennium ending June 30, 2022, provides: “The fee charged by the Secretary of the Commonwealth under the provisions of § 2.2-409 , Code of Virginia, for a Service of Process shall be $28.00.”

The 2007 amendments.

The 2007 amendments by cc. 269 and 590 are identical, and designated the existing provisions of the section as subsection A and added subsection B; in present subsection A, substituted “35.00” for “25.00,” increased the fee “For issuing a commission to a notary” by $10 and added the fee “For issuing a commission to an electronic notary public.”

The 2007 amendments by cc. 269 and 590, effective July 1, 2008, are identical, and inserted “or electronic notary public” in the first sentence of subsection B. See Acts 2007, cc. 269 and 590, cl. 3.

The 2007 amendment by c. 362 added the fee “For each authentication after . . . ” in subsection A.

§ 2.2-410. Appointment of assistants; deputy to act in absence of Secretary; notice to Governor.

  1. The Secretary of the Commonwealth shall appoint in his office the assistants allowed by law.
  2. During the absence of the Secretary of the Commonwealth from his office his duties shall be performed by the Deputy Secretary, but when such absence is for more than five days at a time, notice thereof shall be given to the Governor.

History. Code 1950, §§ 2-63, 2-64; 1966, c. 677, §§ 2.1-72, 2.1-73; 2001, c. 844.

Article 2. Registration of Names or Insignia of Certain Organizations.

§ 2.2-411. Registration of names or insignia of certain societies, organizations or associations; alteration or cancellation of name.

Any association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans’ organization, labor union, foundation, federation, or any other society, organization or association, degree, branch, subordinate lodge, or auxiliary thereof, whether incorporated or unincorporated, the principles and activities of which are not repugnant to the Constitution and laws of the United States or the Commonwealth, may register, in the office of the Secretary of the Commonwealth, a facsimile, duplicate, or description of its name, badge, motto, button, declaration, charm, emblem, rosette or other insignia, and may, by reregistration, alter or cancel the name.

History. Code 1950, § 38-308; 1952, c. 225, § 2-64.1; 1966, c. 677, § 2.1-74; 2001, c. 844.

Cross references.

As to illegal use of the insignia of any association or organization mentioned in this section, see § 18.2-177 .

Michie’s Jurisprudence.

For related discussion, see 3A M.J. Beneficial and Benevolent Associations, § 9.

§ 2.2-412. Application for such registration, alteration or cancellation.

Application for registration, alteration, or cancellation under this article shall be made by the chief officer of the association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans’ organization, labor union, foundation, federation, or other society, organization, or association, degree, branch, subordinate lodge, or auxiliary thereof, upon blanks to be provided by the Secretary of the Commonwealth.

History. Code 1950, § 38-309; 1952, c. 225, § 2-64.2; 1966, c. 677, § 2.1-75; 2001, c. 844.

§ 2.2-413. Registration for benefit of associated branches, etc.

Registration shall be for the use, benefit, and on behalf of all associations, degrees, branches, subordinate lodges, and auxiliaries of such associations, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans’ organization, labor union, foundation, federation, or other society, organization, or association, degree, branch, subordinate lodge, or auxiliary thereof, and the individual members of such organizations, throughout the Commonwealth.

History. Code 1950, § 38-310; 1952, c. 225, § 2-64.3; 1966, c. 677, § 2.1-76; 2001, c. 844.

§ 2.2-414. Record of registration; certification of registration; fees.

  1. The Secretary of the Commonwealth shall keep a properly indexed record of the registration provided for by § 2.2-411 , which record shall also show any altered or canceled registration.
  2. Upon granting registration provided in § 2.2-411 , the Secretary of the Commonwealth shall issue his certificate to the petitioners, setting forth the fact of such registration.
  3. The fees of the Secretary of the Commonwealth for registration, alteration, cancellation, searches, and certificates issued pursuant to this article shall be the same as provided by law for similar services.

History. Code 1950, § 38-311; 1952, c. 225, § 2-64.4; 1966, c. 677, §§ 2.1-77, 2.1-79, 2.1-81; 2001, c. 844.

§ 2.2-415. Names or insignia not to be imitative.

No registration shall be granted or alteration permitted to any association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans’ organization, labor union, foundation, federation, or other society, organization, or association, degree, branch, subordinate lodge, or auxiliary thereof, having a name, badge, motto, button, decoration, charm, emblem, rosette, or other insignia, similar to, imitating, or so nearly resembling as to be calculated to deceive, any other name, badge, button, decoration, charm, emblem, rosette, or other insignia whatsoever, already registered pursuant to the provisions of § 2.2-411 .

History. Code 1950, § 38-312; 1952, c. 225, § 2-64.5; 1966, c. 677, § 2.1-78; 2001, c. 844.

§ 2.2-416. Registration of mottoes or slogans of state departments; exemptions.

Any state department, division, board, commission, agency or facility owned and operated by the Commonwealth, which develops or creates, or commissions the development or creation of a motto or slogan for its use pursuant to or in furtherance of the programs or business of the department, division, agency or facility, shall without delay register the motto or slogan with the Secretary of the Commonwealth, who shall maintain a record of such registration to be open to public inspection during normal office hours.

However, public institutions of higher education in the Commonwealth and units of the Virginia National Guard shall be exempt from the requirements of this section.

History. 1972, c. 403, § 2.1-81.1; 2001, c. 844.

Editor’s note.

At the direction of the Virginia Code Commission, “public institutions of higher education in the Commonwealth” was substituted for “public institutions of higher education in Virginia” in the second paragraph to conform to Acts 2016, c. 588.

§ 2.2-417. Use of registered motto or slogan or recognizable variation thereof; penalty for violation.

  1. Upon registration of a motto or slogan as provided in § 2.2-416 , no individual, partnership, association or corporation shall employ such motto or slogan or a recognizable variation thereof on any article offered for sale to the public at a price above the actual cost of production of the article without the express consent of the registrant, which, if it approved of such use, may require payment of a reasonable fee or royalty for the use of its motto or slogan and, in addition, may impose restrictions upon such use.
  2. No individual, partnership, association or corporation shall otherwise publicly use a recognizable variation of a registered motto or slogan for any purpose without the express consent of the registrant. Such consent may in any event be revoked by the registrant upon thirty days’ written notice to the licensee. All fees or royalties collected pursuant to this section shall be paid into the general fund of the state treasury.Public use of a registered motto or slogan or a recognizable variation of a registered motto or slogan for any purpose without the express consent of the registrant or the continued use of a registered motto or slogan or recognizable variation thereof following withdrawal of consent to such use by the registrant shall be punishable by a fine of no more than $1,000. Each day of violation shall constitute a separate offense.

History. 1972, c. 403, §§ 2.1-81.2, 2.1-81.3; 2001, c. 844.

Article 3. Registration of Lobbyists.

§ 2.2-418. Statement of intent and purposes.

The General Assembly finds and declares the following:

  1. The operation of open and responsible government requires the fullest opportunity to be afforded to the people to petition their government for the redress of grievances and to express freely their opinions on legislative and executive actions.
  2. The identity and expenditures of certain persons who attempt to influence legislative and executive actions with respect to legislation and executive orders should be publicly identified to preserve and maintain the integrity of government.

History. 1994, cc. 857, 937, § 2.1-779; 2001, c. 844.

§ 2.2-419. Definitions.

As used in this article, unless the context requires a different meaning:

“Anything of value” means:

  1. A pecuniary item, including money, or a bank bill or note;
  2. A promissory note, bill of exchange, order, draft, warrant, check, or bond given for the payment of money;
  3. A contract, agreement, promise, or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;
  4. A stock, bond, note, or other investment interest in an entity;
  5. A receipt given for the payment of money or other property;
  6. A right in action;
  7. A gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel;
  8. A loan or forgiveness of indebtedness;
  9. A work of art, antique, or collectible;
  10. An automobile or other means of personal transportation;
  11. Real property or an interest in real property, including title to realty, a fee simple or partial interest, present or future, contingent or vested within realty, a leasehold interest, or other beneficial interest in realty;
  12. An honorarium or compensation for services;
  13. A rebate or discount in the price of anything of value unless the rebate or discount is made in the ordinary course of business to a member of the public without regard to that person’s status as an executive or legislative official, or the sale or trade of something for reasonable compensation that would ordinarily not be available to a member of the public;
  14. A promise or offer of employment; or
  15. Any other thing of value that is pecuniary or compensatory in value to a person.“Anything of value” does not mean a campaign contribution properly received and reported pursuant to Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2.“Compensation” means:

1. An advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money or anything of value; or

2. A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money or anything of value, for services rendered or to be rendered.“Compensation” does not mean reimbursement of expenses if the reimbursement does not exceed the amount actually expended for the expenses and it is substantiated by an itemization of expenses. “Council” means the Virginia Conflict of Interest and Ethics Advisory Council established in § 30-355. “Executive action” means the proposal, drafting, development, consideration, amendment, adoption, approval, promulgation, issuance, modification, rejection, or postponement by an executive agency or official of legislation or executive orders issued by the Governor. “Executive action” includes procurement transactions. “Executive agency” means an agency, board, commission, or other body in the executive branch of state government. “Executive agency” includes the State Corporation Commission, the Virginia Workers’ Compensation Commission, and the Virginia Lottery. “Executive official” means:

1. The Governor;

2. The Lieutenant Governor;

3. The Attorney General;

4. Any officer or employee of the office of the Governor, Lieutenant Governor, or Attorney General other than a clerical or secretarial employee;

5. The Governor’s Secretaries, the Deputy Secretaries, and the chief executive officer of each executive agency; or

6. Members of supervisory and policy boards, commissions and councils, as defined in § 2.2-2100 , however selected. “Expenditure” means:

1. A purchase, payment, distribution, loan, forgiveness of a loan or payment of a loan by a third party, advance, deposit, transfer of funds, a promise to make a payment, or a gift of money or anything of value for any purpose;

2. A payment to a lobbyist for salary, fee, reimbursement for expenses, or other purpose by a person employing, retaining, or contracting for the services of the lobbyist separately or jointly with other persons;

3. A payment in support of or assistance to a lobbyist or the lobbyist’s activities, including the direct payment of expenses incurred at the request or suggestion of the lobbyist;

4. A payment that directly benefits an executive or legislative official or a member of the official’s immediate family;

5. A payment, including compensation, payment, or reimbursement for the services, time, or expenses of an employee for or in connection with direct communication with an executive or legislative official;

6. A payment for or in connection with soliciting or urging other persons to enter into direct communication with an executive or legislative official; or

7. A payment or reimbursement for categories of expenditures required to be reported pursuant to this chapter.“Expenditure” does not mean a campaign contribution properly received and reported pursuant to Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2. “Fair market value” means the price that a good or service would bring between a willing seller and a willing buyer in the open market after negotiations. If the fair market value cannot be determined, the actual price paid for the good or service shall be given consideration. “Gift” means anything of value, including any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value, and includes services as well as gifts of transportation, local travel, lodgings, and meals, whether provided in-kind or by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred.“Gift” does not mean:

1. Printed informational or promotional material;

2. A gift that is not used and, no later than 60 days after receipt, is returned to the donor or delivered to a charitable organization and is not claimed as a charitable contribution for federal income tax purposes;

3. A devise or inheritance;

4. A gift of a value of less than $20;

5. Any offer of a ticket, coupon, or other admission or pass unless the ticket, coupon, admission, or pass is used;

6. Any food or beverages provided to an individual at an event at which the individual is performing official duties related to his public service;

7. Any food and beverages received at or registration or attendance fees waived for any event at which the individual is a featured speaker, presenter, or lecturer;

8. An unsolicited award of appreciation or recognition in the form of a plaque, trophy, wall memento, or similar item that is given in recognition of public, civic, charitable, or professional service;

9. Any gift to an individual’s spouse, child, uncle, aunt, niece, nephew, or first cousin; a person to whom the donee is engaged to be married; the donee’s or his spouse’s parent, grandparent, grandchild, brother, sister, step-parent, step-grandparent, step-grandchild, step-brother, or step-sister; or the donee’s brother’s or sister’s spouse or the donee’s son-in-law or daughter-in-law;

10. Travel provided to facilitate attendance by a legislator at a regular or special session of the General Assembly, a meeting of a legislative committee or commission, or a national conference where attendance is approved by the House Committee on Rules or its Chairman or the Senate Committee on Rules or its Chairman;

11. Travel related to an official meeting of, or any meal provided for attendance at such meeting by, the Commonwealth, its political subdivisions, or any board, commission, authority, or other entity, or any charitable organization established pursuant to § 501(c)(3) of the Internal Revenue Code affiliated with such entity, to which such person has been appointed or elected or is a member by virtue of his office or employment; or

12. Attendance at a reception or similar function where food, such as hors d’oeuvres, and beverages that can be conveniently consumed by a person while standing or walking are offered. “Immediate family” means (i) the spouse and (ii) any other person who resides in the same household as the executive or legislative official and who is a dependent of the official. “Legislative action” means:

1. Preparation, research, drafting, introduction, consideration, modification, amendment, approval, passage, enactment, tabling, postponement, defeat, or rejection of a bill, resolution, amendment, motion, report, nomination, appointment, or other matter by the General Assembly or a legislative official;

2. Action by the Governor in approving, vetoing, or recommending amendments for a bill passed by the General Assembly; or

3. Action by the General Assembly in overriding or sustaining a veto by the Governor, considering amendments recommended by the Governor, or considering, confirming, or rejecting an appointment of the Governor. “Legislative official” means:

1. A member or member-elect of the General Assembly;

2. A member of a committee, subcommittee, commission, or other entity established by and responsible to the General Assembly or either house of the General Assembly; or

3. Persons employed by the General Assembly or an entity established by and responsible to the General Assembly. “Lobbying” means:

1. Influencing or attempting to influence executive or legislative action through oral or written communication with an executive or legislative official; or

2. Solicitation of others to influence an executive or legislative official.“Lobbying” does not mean:

1. Requests for appointments, information on the status of pending executive and legislative actions, or other ministerial contacts if there is no attempt to influence executive or legislative actions;

2. Responses to published notices soliciting public comment submitted to the public official designated in the notice to receive the responses;

3. The solicitation of an association by its members to influence legislative or executive action; or

4. Communications between an association and its members and communications between a principal and its lobbyists. “Lobbyist” means:

1. An individual who is employed and receives payments, or who contracts for economic consideration, including reimbursement for reasonable travel and living expenses, for the purpose of lobbying;

2. An individual who represents an organization, association, or other group for the purpose of lobbying; or

3. A local government employee who lobbies. “Lobbyist’s principal” or “principal” means the entity on whose behalf the lobbyist influences or attempts to influence executive or legislative action. An organization whose employees conduct lobbying activities on its behalf is both a principal and an employer of the lobbyists. In the case of a coalition or association that employs or retains others to conduct lobbying activities on behalf of its membership, the principal is the coalition or association and not its individual members. “Local government” means:

1. Any county, city, town, or other local or regional political subdivision;

2. Any school division;

3. Any organization or entity that exercises governmental powers that is established pursuant to an interstate compact; or

4. Any organization composed of members representing entities listed in subdivisions 1, 2, or 3 of this definition. “Local government employee” means a public employee of a local government. “Person” means an individual, proprietorship, firm, partnership, joint venture, joint stock company, syndicate, business trust, estate, company, corporation, association, club, committee, organization, or group of persons acting in concert. “Procurement transaction” means all functions that pertain to obtaining all goods, services, or construction on behalf of an executive agency, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration where the stated or expected value of the contract is $5 million or more. “Secretary” means the Secretary of the Commonwealth. “Value” means the actual cost or fair market value of an item or items, whichever is greater. If the fair market value cannot be determined, the actual amount paid for the item or items shall be given consideration. “Widely attended event” means an event at which at least 25 persons have been invited to attend or there is a reasonable expectation that at least 25 persons will attend the event and the event is open to individuals (i) who are members of a public, civic, charitable, or professional organization, (ii) who are from a particular industry or profession, or (iii) who represent persons interested in a particular issue.

History. 1994, cc. 857, 937, § 2.1-780; 2001, c. 844; 2006, cc. 787, 843, 892; 2014, cc. 225, 792, 804; 2015, cc. 763, 777; 2016, cc. 773, 774; 2017, cc. 829, 832.

Editor’s note.

Acts 2015, cc. 763 and 777, cl. 4 provides: “That the provisions of this act shall become effective on January 1, 2016, except that the provisions of this act amending §§ 30-355, 30-356, and 30-357 shall become effective on July 1, 2015.”

Acts 2015, cc. 763 and 777, cl. 6 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2014, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

Acts 2016, cc. 773 and 774, cl. 2 provides: “That an emergency exists and the provisions of § 30-356.2 as created by this act and the provisions (i) amending the definition of ‘procurement transaction’ in § 2.2-419 of the Code of Virginia, (ii) amending the requirement to disclose the names of officials or members of their family attending entertainment events in § 2.2-426 of the Code of Virginia, and (iii) amending § 30-356 of the Code of Virginia are in force from the passage of this act [May 16, 2016] and that the remaining provisions of this act shall become effective in due course except as provided in the third enactment.”

The 2006 amendments.

The 2006 amendments by cc. 787 and 892 are nearly identical, and substituted “Chapter 9.3 (§ 24.2-945 et seq.)” for “Chapter 9 (§ 24.2-900 et seq.)” in the paragraphs defining “Anything of value” and “Expenditure.”

The 2006 amendment by c. 843 inserted the definition of “Fair market value,” substituted “$25” for “twenty-five dollars” in subdivision 4 in the definition of “gift,” and in the definition of “Value,” substituted “actual” for “retail” and “value” for “worth” in the first sentence and inserted the last sentence.

The 2014 amendments.

The 2014 amendment by c. 225, substituted “Virginia Lottery” for “State Lottery Department” in the definition of “Executive agency”; and substituted “60 days” for “sixty days” in subdivision 2 in the definition of “Gift.”

The 2014 amendments by cc. 792 and 804 are identical, and in the definition of “Gift,” substituted “60 days” for “sixty days” in subdivision 2 and “$50” for “$25” in subdivision 4; and in the definition of “Immediate family,” substituted “child” for “other person” and “who is a dependent” for “is the dependent.”

The 2015 amendments.

The 2015 amendments by cc. 763 and 777 are identical, effective January 1, 2016, added the definitions for “Council,” “Procurement transaction,” “Secretary,” and “Widely attended event”; added “’Executive action’ includes procurement transactions” to the definition for “Executive action”; inserted “or Attorney General” in subdivision 4 of the definition for “Executive official”; in the definition for “Gift,” substituted beginning “including any” and ending “been incurred” for “to the extent that a consideration of equal or greater value is not received,” substituted “A devise or inheritance” for “A gift, devise, or inheritance from an individual’s spouse, child, parent, grandparent, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin or the spouse of that individual, if the donor is not acting as the agent or intermediary for someone other than a person covered by this subdivision; or” in subdivision 3, and added subdivisions 5 through 11; substituted “other person” for “child” in the definition for “Immediate family”; and made stylistic changes.

The 2016 amendments.

The 2016 amendments by cc. 773 and 774 are identical, and in subdivision 4 of definition of “Gift” substituted “less than $20” for “$50 or less”; in subdivision 9 substituted “Any gift to” for “Any gift from”; in subdivision 10 inserted “Committee on Rules or its Chairman” and “or its Chairman”; in the definition of “Procurement transaction” inserted “where the stated or expected value of the contract is $5 million or more.” For effective date of amendment to the definition of “Procurement transaction,” see Editor’s note.

The 2017 amendments.

The 2017 amendments by cc. 829 and 832 are identical, and in the definition of “Gift,” added “or the donee’s son-in-law or daughter-in-law” at the end of subdivision 9, inserted “or any meal provided for attendance at such meeting by” in subdivision 11 and added subdivision 12; in the definition of “Widely attended event,” deleted clause (i) and redesignated the remaining clauses; and made a stylistic change.

§ 2.2-420. Exemptions.

The registration and reporting provisions of this article shall not apply to:

  1. The Governor, Lieutenant Governor, Attorney General, and their immediate staffs or the Governor’s Secretaries and their immediate staffs, acting in an official capacity;
  2. Members of the General Assembly and other legislative officials and legislative employees acting in an official capacity;
  3. Local elected officials acting in an official capacity;
  4. Any employee of a state executive agency acting in an official capacity;
  5. A duly elected or appointed official or employee of the United States acting in an official capacity;
  6. An individual who limits lobbying solely to (i) formal testimony before a public meeting of an executive agency or legislative body and registers the appearance in the records of the agency or body and (ii) testimony and information compelled by action of an executive agency or legislative body;
  7. A person who receives $500 or less in compensation and reimbursements, excluding personal living and travel expenses that are not reimbursed from any other source, in a calendar year for his lobbying activities;
  8. A person who receives no compensation or anything of value for lobbying, and does not expend more than $500, excluding personal living and travel expenses that are not reimbursed from any other source, in lobbying in the calendar year; or
  9. An employee of a business, other entity, or local government whose job duties do not regularly include lobbying.

History. 1994, cc. 857, 937, § 2.1-781; 2001, c. 844; 2006, c. 843; 2015, cc. 763, 777.

Editor’s note.

Acts 2015, cc. 763 and 777, cl. 4 provides: “That the provisions of this act shall become effective on January 1, 2016, except that the provisions of this act amending §§ 30-355, 30-356, and 30-357 shall become effective on July 1, 2015.”

Acts 2015, cc. 763 and 777, cl. 6 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2014, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

The 2006 amendments.

The 2006 amendment by c. 843 inserted “that are not reimbursed from any other source” in subdivisions 7 and 8.

The 2015 amendments.

The 2015 amendments by cc. 763 and 777 are identical, effective January 1, 2016, and substituted “lobbying” for “influencing or attempting to influence legislative or executive action” in subdivision 9.

§ 2.2-421. Reporting requirements for certain state agencies.

  1. The chief administrative officer of each board, department, institution, or agency of the Commonwealth shall file a registration statement with the Secretary of the Commonwealth on behalf of the officers and employees who will be engaged in lobbying as defined in § 2.2-419 and shall comply with the provisions of this article that require lobbyists to register with the Secretary of the Commonwealth. No fee shall be collected for registrations required by this section.
  2. Any state governmental body required to file a registration under this section shall comply with the provisions of this article relating to registration.
  3. The registration requirements of this section shall not apply to:
    1. The Governor, Lieutenant Governor, Attorney General and their immediate staffs, or the Governor’s Secretaries and their deputies and immediate staffs, acting in an official capacity;
    2. Members of the General Assembly and other legislative officials and legislative employees acting in an official capacity;
    3. The chief administrative officer of each department or division in the executive branch of state government;
    4. The chief administrative officer of each division of the State Corporation Commission; or
    5. Any state government employee acting in an official capacity.

History. 1994, c. 915, § 2.1-781.1; 2001, c. 844.

§ 2.2-422. Registration requirements.

  1. A lobbyist shall register with the Secretary of the Commonwealth prior to engaging in lobbying. A lobbyist who engages in lobbying entirely outside the capital city shall comply with this section by registering with the Secretary within fifteen days after first engaging in lobbying. Registration shall be required annually and expire May 1 of each year.
  2. The chief administrative officer of each local government shall register with the Secretary of the Commonwealth and file a statement pursuant to § 2.2-423 if any local government employees will act as lobbyists on its behalf. No registration fee shall be required. Each local government shall file a consolidated report in accordance with the reporting requirements of § 2.2-426 and shall maintain locally a copy of the report that is available for inspection and copying during regular business hours.
  3. All registrations required by this section shall be filed electronically in accordance with the standards approved by the Council.

History. 1994, cc. 857, 937, § 2.1-782; 2001, c. 844; 2017, cc. 829, 832.

The 2017 amendments.

The 2017 amendments by cc. 829 and 832 are identical, and added subsection C.

Law Review.

For annual survey article, “Election Law and Government,” see 46 U. Rich. L. Rev. 119 (2011).

§ 2.2-423. Contents of registration statement.

  1. The registration statement shall be on a form provided by the Secretary of the Commonwealth and include the following information:
    1. The name and business address and telephone number of the lobbyist;
    2. The name and business address and telephone number of the person who will keep custody of the lobbyist’s and the lobbyist’s principal’s accounts and records required to comply with this article, and the location and telephone number for the place where the accounts and records are kept;
    3. The name and business address and telephone number of the lobbyist’s principal;
    4. The kind of business of the lobbyist’s principal;
    5. For each principal, the full name of the individual to whom the lobbyist reports;
    6. For each principal, a statement whether the lobbyist is employed or retained and whether exclusively for the purpose of lobbying;
    7. The position held by the lobbyist if he is a part-time or full-time employee of the principal;
    8. An identification of the subject matter (with as much specificity as possible) with regard to which the lobbyist or lobbyist’s principal will engage in lobbying; and
    9. The statement of the lobbyist, which shall be signed either originally or by electronic signature as authorized by the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), that the information contained on the registration statement is true and correct.
  2. The lobbyist and the lobbyist’s principal shall be notified at the time of the registration that the principal may elect to waive the principal signature requirement on disclosure filings submitted by its registered lobbyist after the filing of the registration statement. The waiver shall be on a form prescribed by the Council and may be filed electronically with the Council in accordance with the standards approved by it pursuant to § 30-356.
  3. Whenever any change, modification, or addition to his status as a lobbyist is made, including the termination of his status as a lobbyist, the lobbyist shall, within one week of such change, modification, or addition, furnish full information regarding the same to the Secretary of the Commonwealth on forms provided by the Secretary.
  4. The Secretary of the Commonwealth shall furnish a copy of this article to any individual offering to register as a lobbyist and shall mail by certified mail a copy of this article and a copy of the information furnished by the lobbyist to the person whom the lobbyist represents to be his principal.
  5. If the principal to whom the information is sent under subsection D does not, within 10 days of such mailing, file an affidavit, signed by the person or duly authorized agent of the person, denying that the lobbyist appears on his behalf, such person shall be deemed to have appointed the Secretary of the Commonwealth his agent for service of process in any prosecution arising for violation of this article. If such affidavit is filed, the Secretary shall notify the attorney for the Commonwealth of the City of Richmond.

History. 1994, cc. 857, 937, § 2.1-783; 2001, c. 844; 2011, cc. 123, 177; 2014, cc. 792, 804; 2017, cc. 829, 832.

The 2011 amendments.

The 2011 amendments by cc. 123 and 177 are identical, and in subdivision A 10, substituted “The statement of the lobbyist” for “The signed statement by the lobbyist,” and inserted “which shall be signed either originally or by electronic signature as authorized by the Uniform Electronic Transactions Act (§ 59.1-479 et seq.).”

The 2014 amendments.

The 2014 amendments by cc. 792 and 804 are identical, and added A 11 and made a related change.

The 2017 amendments.

The 2017 amendments by cc. 829 and 832 are identical, and deleted subdivision A 8 which read “The full name and business address and telephone number of each lobbyist employed by or representing the lobbyist’s principal”; redesignated A 9 and A 10 as A 8 and A 9, A 11 as subsection B, and the remaining subsections accordingly; in subsection B, substituted “The lobbyist and the lobbyist’s principal shall be notified at the time of the registration that the” for “A statement by which a” and added the last sentence; inserted “including the termination of his status as a lobbyist” in subsection C; substituted “subsection C” for “subsection D” in subsection E; and made minor stylistic changes.

§ 2.2-424. Registration fees.

The Secretary shall collect an annual registration fee of $100 from the lobbyist for each principal for whom, or on whose behalf, the lobbyist will act. This fee shall be deposited into the general fund and used exclusively to fund the Council.

History. 1994, cc. 857, 937, § 2.1-784; 2001, c. 844; 2015, cc. 763, 777.

Editor’s note.

Acts 2015, cc. 763 and 777, cl. 4 provides: “That the provisions of this act shall become effective on January 1, 2016, except that the provisions of this act amending §§ 30-355, 30-356, and 30-357 shall become effective on July 1, 2015.”

Acts 2015, cc. 763 and 777, cl. 6 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2014, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

The 2015 amendments.

The 2015 amendments by cc. 763 and 777 are identical, effective January 1, 2016, substituted “$100” for “fifty dollars” and added the second sentence.

§ 2.2-425. Registration information to be recorded in legislative docket; list of executive officials.

  1. The Secretary of the Commonwealth shall maintain in a legislative docket the information filed under § 2.2-423 pertaining to lobbying involving legislative actions during any session of the General Assembly. The Secretary shall furnish current, complete lists thereof to the clerk of each house and to each member of the General Assembly once every two weeks during the session of the General Assembly beginning with the convening of the General Assembly.
  2. The Secretary of the Commonwealth shall prepare a list of executive officials, their positions and names, to be revised at least semi-annually and made available to lobbyists to assist them in complying with the provisions of this article.

History. 1994, cc. 857, 937, § 2.1-785; 2001, c. 844.

§ 2.2-426. Lobbyist reporting; penalty.

  1. Each lobbyist shall file with the Council a separate annual report of expenditures, including gifts, for each principal for whom he lobbies by July 1 for the preceding 12-month period complete through the last day of April.
  2. Each principal who expends more than $500 to employ or compensate multiple lobbyists shall be responsible for filing a consolidated lobbyist report pursuant to this section in any case in which the lobbyists are each exempt under the provisions of subdivision 7 or 8 of § 2.2-420 from the reporting requirements of this section.
  3. The report shall be on a form prescribed by the Council and shall be accompanied by instructions provided by the Council. All reports shall be submitted electronically and in accordance with the standards approved by the Council pursuant to the provisions of § 30-356.
  4. A person who knowingly and intentionally makes a false statement of a material fact on the disclosure statement is guilty of a Class 5 felony.
  5. The name of a legislative or executive official, or a member of his immediate family, attending any reportable entertainment event shall not be required to be disclosed by the principal if that legislative or executive official reimburses the principal for, or otherwise pays for, his attendance, or the attendance of a member of his immediate family, at the entertainment event. Reimbursement shall be calculated using the average value for each person attending the event.
  6. Each lobbyist shall send to each legislative and executive official who is required to be identified by name on Schedule A or B of the Lobbyist’s Disclosure Form a copy of Schedule A or B or a summary of the information pertaining to that official. Copies or summaries shall be provided to the official by January 10 for the preceding 12-month period complete through December 31. In addition, each lobbyist shall send to each legislator and executive official who is required to file a report of gifts accepted or received during a regular session of the General Assembly pursuant to § 2.2-3114.2 or 30-110.1 a summary of all gifts made by such lobbyist to each legislator or executive official or a member of his immediate family during the period beginning on January 1 complete through adjournment sine die of the regular session of the General Assembly. Summaries shall be provided to the legislator or executive official no later than three weeks after adjournment sine die. For purposes of this section, “adjournment sine die” means adjournment on the last legislative day of the regular session and does not include the reconvened session.

History. 1994, cc. 857, 937, § 2.1-786; 1997, cc. 616, 635, 843; 1998, c. 732; 2000, c. 297; 2001, c. 844; 2002, cc. 248, 491; 2005, c. 90; 2006, c. 843; 2014, cc. 792, 804; 2015, cc. 763, 777; 2016, cc. 773, 774; 2017, cc. 829, 832.

Cross references.

As to punishment for Class 5 felonies, see § 18.2-10 .

Editor’s note.

Acts 1997, c. 616, which amended § 2.1-786, from which this section was derived, provides in cl. 2: “That the provisions of this act shall be applicable to lobbyists’ disclosure statements filed for periods ending May 1, 1998, and thereafter, and to the reports due by July 1, 1998, and thereafter.”

Acts 1997, cc. 635 and 843, which amended § 2.1-786, from which this section was derived, provides in cl. 2: “That the provisions of this act shall be applicable to lobbyists’ disclosure statements filed by July 1, 1998, and thereafter for periods ending May 1, 1998, and thereafter.”

Acts 1998, c. 732, which amended § 2.1-786, from which this section was derived, provides in cl. 2: “That the information required to be provided by subsection E of § 2.1-786 [see now § 2.2-426 ] to certain officials by January 5, 1999, shall cover the preceding twelve-month period complete through December 31, 1998; and that the provisions of this act shall be applicable to statements of economic interests and lobbyists’ disclosure statements filed on and after the effective date of this act and to the entire report period covered by any such statement.”

Acts 2002, c. 491, cl. 4 provides: “That no person who has filed reports in compliance with § 2.2-426 , as effective on October 1, 2001, or as amended by this act, for the years 2000 and 2001 shall be deemed to have violated the provisions of § 2.2-426 .”

Acts 2005, c. 90, cl. 2 provides: “That information required to be filed by subsection E of § 2.2-426 to certain officials by December 15, 2005, shall cover the preceding 11 month period complete through November 30, 2005.”

Acts 2014, cc. 792 and 804, cl. 5 provides: “That the Virginia Conflict of Interest and Ethics Advisory Council shall review the current statutory disclosure forms located at §§ 2.2-426 , 2.2-3117 , 2.2-3118 , and 30-111 of the Code of Virginia and promulgate revised forms consistent with the provisions of this act. The Council shall submit its proposed revised forms to the General Assembly on or before November 15, 2015.”

Acts 2014, cc. 792 and 804, cl. 6 provides: “That the provisions of this act requiring the filing of disclosure forms with the Virginia Conflict of Interest and Ethics Advisory Council shall become effective on July 1, 2015, and the first of such disclosure forms filed with the Council shall be such disclosure forms required to be filed by December 15, 2015. All filers required to file a disclosure form for any filing period prior to December 15, 2015, shall file such form with the entity currently responsible for accepting such filings in the manner currently accepted by such entity.” Pursuant to the sixth enactment clause of Acts 2014, chapters 792 and 804, the Council is required to receive filings under this section beginning July 1, 2015. Until that time all filings made under this section will be received by the Secretary of the Commonwealth.

Acts 2014, cc. 792 and 804, cl. 7 provides: “That the provisions of this act do not affect the requirement that each lobbyist required to file a report of expenditures pursuant to § 2.2-426 of the Code of Virginia shall file such report by July 1, 2014, for the preceding 12-month period complete through the last day of April and shall thereafter follow the semiannual reporting schedule set forth in § 2.2-426 .”

Acts 2014, cc. 792 and 804, cl. 9 provides: “That, except as provided in the seventh enactment of this act, the filing period for all filers required to file a disclosure form on December 15, 2014, shall consist of January 2014 complete through the last day of October 2014.”

Acts 2015, cc. 763 and 777, cl. 2 provides: “That the provisions of this act requiring that the disclosure forms prescribed by §§ 2.2-426 , 2.2-3117 , 2.2-3118 , and 30-111 of the Code of Virginia be submitted electronically with the Virginia Conflict of Interest and Ethics Advisory Council shall become effective on July 1, 2016.” The second sentence in subsection C, as amended by cc. 763 and 777, is effective July 1, 2016.

Acts 2015, cc. 763 and 777, cl. 3 provides: “That the Virginia Conflict of Interest and Ethics Advisory Council shall review the current statutory disclosure forms located at §§ 2.2-426 , 2.2-3117 , 2.2-3118 , and 30-111 of the Code of Virginia and make recommendations for the revision of such forms consistent with the provisions of this act. The Council shall submit its recommendations to the General Assembly on or before November 15, 2016.”

Acts 2015, cc. 763 and 777, cl. 4 provides: “That the provisions of this act shall become effective on January 1, 2016, except that the provisions of this act amending §§ 30-355, 30-356, and 30-357 shall become effective on July 1, 2015.”

Acts 2015, cc. 763 and 777, cl. 5 provides: “Notwithstanding the sixth enactment of Chapters 792 and 804 of the Acts of Assembly of 2014, that any filer required to file a disclosure form pursuant to § 2.2-3115 shall file such form with the applicable clerk of the governing body of the county, city, or town or the clerk of the school board.”

Acts 2015, cc. 763 and 777, cl. 6 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2014, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

Acts 2016, cc. 773 and 774, cl. 2 provides: “That an emergency exists and the provisions of § 30-356.2 as created by this act and the provisions (i) amending the definition of ‘procurement transaction’ in § 2.2-419 of the Code of Virginia, (ii) amending the requirement to disclose the names of officials or members of their family attending entertainment events in § 2.2-426 of the Code of Virginia, and (iii) amending § 30-356 of the Code of Virginia are in force from the passage of this act [May 16, 2016] and that the remaining provisions of this act shall become effective in due course except as provided in the third enactment.” The Virginia Code Commission has advised that subsection E as added by Acts 2016, cc. 773 and 774, is effective May 16, 2016.

Acts 2016, cc. 773 and 774, cl. 3 provides: “That the provisions of this act eliminating the forms set forth in §§ 2.2-426 , 2.2-3117 , 2.2-3118 , and 30-111 of the Code of Virginia shall become effective on January 1, 2017, and that the Virginia Conflict of Interest and Ethics Advisory Council shall prescribe on or before January 1, 2017, the forms required for complying with the disclosure requirements of §§ 2.2-426 , 2.2-3117 , 2.2-3118 , and 30-111.” Subsection C, as amended by Acts 2016, cc. 773 and 774, is set out above as effective January 1, 2017, at the direction of the Virginia Code Commission.

Acts 2016, cc. 773 and 774, cl. 4 provides: “That, notwithstanding the effective date of this act, a lobbyist shall not be required to file a report of expenditures pursuant to § 2.2-426 of the Code of Virginia until July 1, 2017, for the preceding 12-month period complete through the last day of April.”

Acts 2017, cc. 829 and 832, cl. 2 provides: “That an emergency exists and the provisions amending §§ 2.2-426 and 24.2-502 of the Code of Virginia are in force from the passage of this act [April 26, 2017] and that the remaining provisions of this act shall become effective in due course.”

The 2002 amendments.

The 2002 amendment by c. 248, in the form in subsection C, deleted “or ELECTRONIC” following “ORIGINAL” in paragraph (1).

The 2002 amendment by c. 491, effective April 5, 2002, substituted “complete through April 30” for “ending May 1” at the end of subsection A; and substituted “by January 5 for the preceding twelve-month period complete through December 31” for “twice a year: by July 1 for the preceding five-month period ending May 1; and by January 5 for the preceding seven-month period ending December 31” at the end of subsection E.

The 2005 amendments.

The 2005 amendment by c. 90, in subsection E, substituted “December 15” for “January 5” and “November 30” for “December 31,” and made minor stylistic changes.

The 2006 amendments.

The 2006 amendment by c. 843, in the form “LOBBYIST’S DISCLOSURE STATEMENT,” deleted item (5) of Part II, in the following paragraph, redesignated references to items 6a and 6b to 5a and 5b, redesignated the next two items to 5a and 5b from 6a and 6b, and redesignated subsequent references to these items in Part II and Part III; and in SCHEDULE A of the form, substituted “Total Number of Persons Attending” for the two phrases “Number of Legislative and Executive Officials Invited” and “Number of Legislative and Executive Officials.”

The 2014 amendments.

The 2014 amendments by cc. 792 and 804, effective July 1, 2015, are identical and rewrote subsection A, which formerly read “Each lobbyist shall file a separate annual report of expenditures, including gifts, for each principal for whom he lobbies by July 1 for the preceding 12-month period complete through April 30”; in subsection C substituted “Virginia Conflict of Interest and Ethics Advisory Council” for “Secretary of the Commonwealth” and “Council” for “Secretary”; in the Lobbyist’s Disclosure Statement, deleted the last sentence in Part I, item 1, which read “THE INDIVIDUAL LISTED IN PART I, ITEM 2A, MUST SIGN THE PRINCIPAL’S STATEMENT”, in Part I, item 6 deleted “c) OFFICE EXPENSES” and “h) REGISTRATION COSTS” and renumbered the remaining items accordingly, inserted “Or Members of Their Immediate Families” three times in Schedule A and inserted “or member of his immediate family” in Schedule B, deleted the first sentence in Part IV, which read “Both the lobbyist and principal officer must sign the disclosure statement, attesting to its completeness and accuracy”, substituted “Council” for “Secretary” in Part IV, item 1, and updated internal references; in subsection D substituted “is guilty” for “shall be guilty”; and rewrote the second sentence in subsection E, which formerly read “Copies or summaries shall be provided to the official by December 15 for the preceding 12-month period complete through November 30.” For effective date, see Editor’s note.

The 2015 amendments.

The 2015 amendments by cc. 763 and 777, are identical and deleted “Virginia Conflict of Interest and Ethics Advisory” preceding “Council” in subsection A; in subsection C, deleted “Virginia Conflict of Interest and Ethics Advisory” following “form provided by the,” substituted “similar to the following” for “as follows,” and added the second sentence; inserted “(including whether or not it meets the criteria of a widely attended event)” following “Description of event” in Schedule A; substituted “knowingly and intentionally makes a false statement of a material fact on the disclosure statement” for “signs the disclosure statement knowing it to contain a material misstatement of fact” in subsection D; and made stylistic changes. For effective date, see Editor’s notes.

The 2016 amendments.

The 2016 amendments by cc. 773 and 774 are identical, and in subsection A substituted “annual” for “semiannual” and “July 1 for the preceding 12-month” for “December 15 for the preceding six-month period complete through the last day of October and June 15 for the preceding six-month”; in subsection C, substituted “prescribed” for “provided,” deleted “which shall be substantially similar to the following” following “by the Council” and deleted the form; added subsection E; and rewrote subsection F. For effective date of amendments for subsections C and E, see Editor’s note.

The 2017 amendments.

The 2017 amendments by cc. 829 and 832, effective April 26, 2017, are identical, and in subsection F, substituted “January 10 for the preceding 12-month period complete through December 31” for “December 15 for the preceding 12-month period complete through November 30” and added the last three sentences.

§ 2.2-427. Filings; inspection.

Registration statements shall be open to public inspection and copying during the regular business hours of the office of the Secretary of the Commonwealth. Lobbying reports shall be open to public inspection and copying during the regular business hours of the Council.

Registration statements shall be deemed to have been filed only when actually received in the office of the Secretary or mailed to the Secretary by registered, certified, or regular mail with the sender retaining sufficient proof of mailing, which may be a United States Postal Certificate of Mailing. Lobbying reports shall be deemed to have been filed only when received by the Council in accordance with the standards approved by the Council pursuant to § 30-356.

History. 1994, cc. 857, 937, § 2.1-787; 2001, c. 844; 2016, cc. 773, 774.

The 2016 amendments.

The 2016 amendments by cc. 773 and 774 are identical, and deleted “and lobbying reports” following “Registration statements” and added the second sentence in the first paragraph; and in the second paragraph, substituted “Registration statements” for “Such statements and reports” in the first sentence and added the second sentence.

§ 2.2-428. Standards for automated preparation and transmittal of lobbyist’s disclosure statements; database.

  1. The Virginia Conflict of Interest and Ethics Advisory Council shall accept any lobbyist’s disclosure statements required by § 2.2-426 filed by computer or electronic means in accordance with the standards approved by the Council pursuant to the provisions of § 30-356.
  2. The Secretary shall establish a lobbyist disclosure database, available to the public, from required disclosure statements filed electronically and may enter into that database information from required disclosure statements filed by other methods. The Secretary shall maintain such database until January 1, 2016.

History. 1997, cc. 364, 392, § 2.1-787.1; 2001, c. 844; 2014, cc. 792, 804.

The 2014 amendments.

The 2014 amendment by cc. 792 and 804 are identical, and rewrote subsection A and added the second sentence in subsection B.

§ 2.2-429. Retention of records by a lobbyist or lobbyist’s principal.

A lobbyist and a lobbyist’s principal shall preserve for a period of two years all accounts, bills, books, papers, receipts, and other documents and records necessary to substantiate the expenditure reports submitted under this article.

History. 1994, cc. 857, 937, § 2.1-788; 2001, c. 844.

§ 2.2-430. Termination.

  1. A lobbyist or a lobbyist’s principal may terminate the lobbyist’s status as a lobbyist for such principal at any time prior to the expiration of his registration. Upon termination, the lobbyist may file the report required under § 2.2-426 at any time, but shall file the report no later than the deadline set forth in that section. Such report shall indicate that the lobbyist intends to use the report as the final accounting of lobbying activity and shall include information complete through the last day of lobbying activity and the effective date of the termination. The report shall be signed by the lobbyist’s principal as otherwise required.
  2. A lobbyist’s principal who terminates the services of a lobbyist prior to the expiration of the lobbyist’s registration shall provide actual notice to the lobbyist. Such notice shall inform the lobbyist that he is required to file the report required under § 2.2-426 no later than the deadline set forth in that section and that the lobbyist’s failure to file such report by the deadline shall result in the assessment of civil penalties against the lobbyist pursuant to § 2.2-431 . The lobbyist’s principal shall also notify the Secretary of the Commonwealth of the early termination in accordance with subsection B of § 2.2-423 .

History. 1994, cc. 857, 937, § 2.1-789; 2001, c. 844; 2015, cc. 763, 777; 2017, cc. 829, 832.

Editor’s note.

Acts 2015, cc. 763 and 777, cl. 4 provides: “That the provisions of this act shall become effective on January 1, 2016, except that the provisions of this act amending §§ 30-355, 30-356, and 30-357 shall become effective on July 1, 2015.”

Acts 2015, cc. 763 and 777, cl. 6 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2014, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

The 2015 amendments.

The 2015 amendment by cc. 763 and 777, effective January 1, 2016, are identical and inserted “at any time” in the first sentence, and “and shall include the effective date of the termination” in the second sentence.

The 2017 amendments.

The 2017 amendments by cc. 829 and 832 are identical, and designated the existing provisions as subsection A and added subsection B; and in subsection A, rewrote the existing provisions which read “A lobbyist may terminate a lobbyist registration at any time by filing a report required under § 2.2-426 including information through the last day of lobbying activity. A termination report shall indicate that the lobbyist intends to use the report as the final accounting of lobbying activity and shall include the effective date of the termination.”

§ 2.2-431. Penalties; filing of substituted statement.

  1. Every lobbyist failing to file the statement prescribed by § 2.2-426 within the time prescribed therein shall be assessed a civil penalty of $50, and every individual failing to file the statement within 10 days after the time prescribed herein shall be assessed an additional civil penalty of $50 per day from the eleventh day of such default until the statement is filed. The Council shall notify the Secretary of any lobbyist’s failure to file the statement within the time prescribed, and the penalties shall be assessed and collected by the Secretary. The Attorney General shall assist the Secretary in collecting the penalties, upon request.
  2. Every lobbyist’s principal whose lobbyist fails to file the statement prescribed by § 2.2-426 shall be assessed a civil penalty of $50, and shall be assessed an additional civil penalty of $50 per day from the eleventh day of such default until the statement is filed. The Council shall notify the Secretary of any lobbyist’s failure to file the statement within the time prescribed, and the penalties shall be assessed and collected by the Secretary. The Attorney General shall assist the Secretary in collecting the penalties, upon request.
  3. No individual who has failed to file the statement required by § 2.2-426 or who has failed to pay all penalties assessed pursuant to this section, shall register or act as a lobbyist as long as he remains in default.
  4. Whenever any lobbyist or lobbyist’s principal is or will be in default under § 2.2-426 , and the reasons for such default are or will be beyond the lobbyist’s control, the control of the lobbyist’s principal, or both, the Secretary may suspend the assessment of any penalty otherwise assessable and accept a substituted statement, upon the submission of sworn proofs that shall satisfy him that the default has been beyond the control of the lobbyist or the lobbyist’s principal, and that the substituted statement contains the most accurate and complete information available after the exercise of due diligence.
  5. Penalties collected pursuant to this section shall be payable to the State Treasurer for deposit to the general fund and shall be used exclusively to fund the Council.

History. 1994, cc. 857, 937, § 2.1-790; 2001, c. 844; 2015, cc. 763, 777; 2017, cc. 829, 832.

Editor’s note.

Acts 2015, cc. 763 and 777, cl. 4 provides: “That the provisions of this act shall become effective on January 1, 2016, except that the provisions of this act amending §§ 30-355, 30-356, and 30-357 shall become effective on July 1, 2015.”

Acts 2015, cc. 763 and 777, cl. 6 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2014, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

The 2015 amendments.

The 2015 amendments by cc. 763 and 777, effective January 1, 2016, are identical and inserted “The Council shall notify the Secretary of any lobbyist’s failure to file the statement within the time prescribed, and” in the second sentence of subsection A; substituted “Council shall notify the Secretary of any lobbyist’s failure to file the statement within the time prescribed, and the penalties” for “penalty” in subsection B; added “and shall be used exclusively to fund the Council” in subsection E; and made stylistic changes.

The 2017 amendments.

The 2017 amendments by cc. 829 and 832 are identical, and in subsection D, inserted “or lobbyist’s principal,” substituted “the lobbyist’s” for “his” three times, and deleted “or” following “beyond his control.”

§ 2.2-432. Contingent compensation prohibited.

It shall be unlawful for any individual to lobby for compensation that is dependent in any manner upon the outcome of any legislative or executive action.

History. 1994, cc. 857, 937, § 2.1-791; 2001, c. 844.

§ 2.2-433. Prohibited acts; violation a misdemeanor.

  1. No lobbyist shall:
    1. Lobby in violation of the provisions of this article;
    2. Make any expenditure, or obligate himself to do so, in connection with lobbying, unless he fully discloses the expenditure as required in this article; or
    3. Misrepresent in any material respect or omit any information required to be reported pursuant to this article.
  2. No lobbyist’s principal shall:
    1. Fail to file any statement required to be filed by the provisions of this article;
    2. Misrepresent in any material respect or omit any information required to be reported pursuant to this article; or
    3. Violate any of the provisions of this article.
  3. Except as provided in subsection D of § 2.2-426 , any lobbyist or lobbyist’s principal violating any provision of this article shall be guilty of a Class 1 misdemeanor. However, a lobbyist who receives no compensation or anything of value for lobbying shall not be subject to the criminal penalties prescribed by this section.

History. 1994, cc. 857, 937, § 2.1-792; 2001, c. 844.

Cross references.

As to punishment for Class 1 misdemeanors, see § 18.2-11 .

§ 2.2-434. Employment of lobbyists prohibited; exceptions.

Employment of a lobbyist for compensation by an officer, board, institution or agency of the Commonwealth, is expressly prohibited; however, this section shall not apply to any individual who is a full-time or part-time employee of such office, board, department, institution or agency of the Commonwealth.

History. 1994, cc. 857, 937, § 2.1-793; 2001, c. 844.

OPINIONS OF THE ATTORNEY GENERAL

Employment of a lobbyist by Virginia Port Authority. —

This section does not prohibit the Virginia Port Authority from employing a lobbyist for compensation to represent its interests at the federal level of government. See opinion of Attorney General to the Honorable William H. Fralin, Jr., Chairman, Board of Commissioners, Virginia Port Authority, 13-058, (7/19/13).

§ 2.2-435. Prohibition for state party chairman.

The chairman or any full-time paid employee of a state political party, as defined in § 24.2-101 , or a member of his immediate family, as defined in § 2.2-3101 , shall not be employed as a lobbyist by any principal.

History. 1994, cc. 857, 937, § 2.1-794; 2001, c. 844.

Chapter 4.1. Special Advisor for Workforce Development.

§§ 2.2-435.1 through 2.2-435.5.

Repealed by Acts 2006, cc. 696 and 751, cl. 4.

Editor’s note.

Sections 2.2-435.1 through 2.2-435.5, relating to the Special Advisor for Workforce Development, were derived from Acts 2004, c. 686.

Chapter 4.2. Coordination of Workforce Development.

§ 2.2-435.6. Chief Workforce Development Officer.

The Governor shall serve as Chief Workforce Development Officer for the Commonwealth.

History. 2006, cc. 696, 751; 2014, c. 815; 2021, Sp. Sess. I, c. 453.

The 2014 amendments.

The 2014 amendment by c. 815 rewrote subsection B, which formerly read “The Governor may designate a senior staff member from the immediate staff of the Governor’s Office to be responsible for the responsibilities assigned to the Governor pursuant to this chapter and Article 25 (§ 2.2-2669 et seq.) of Chapter 26 of this title or other tasks as may be assigned to such person by the Governor.”

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 453, effective July 1, 2021, deleted subsection B, which read: “The Governor may appoint a Chief Workforce Development Advisor who shall be responsible for the duties assigned to him pursuant to this chapter and Article 24 (§ 2.2-2470 et seq.) of Chapter 24 or other tasks as may be assigned to him by the Governor”; and removed the subsection A designation.

§ 2.2-435.7. Repealed by Acts 2021, Sp. Sess. I, c. 453, cl. 2, effective July 1, 2021.

Editor’s note.

Former § 2.2-435.7 , which set forth responsibilities of the Chief Workforce Development Advisor, derived from 2006, cc. 696, 751; 2008, cc. 269, 388; 2010, c. 573; 2014, c. 815; 2015, cc. 275, 292; 2017, c. 740.

§ 2.2-435.8. Workforce program evaluations; sharing of certain data.

  1. To the extent permitted under federal law, the agencies specified in subsection D shall share data from within their respective databases to (i) support the workforce program evaluation and policy analysis required by subdivision B 8 of § 2.2-214.3 and clause (i) of subdivision B 10 of § 2.2-214.3 ; (ii) meet state and federal reporting requirements; (iii) improve coordination, outcomes, and efficiency across public workforce programs and partner organizations; (iv) enable the development of comprehensive consumer-facing software applications; (v) support requirements for performance-driven contracts; and (vi) support workforce initiatives developed by the General Assembly and the Governor.
  2. Data shared pursuant to subsection A shall include only the identifying and attribute information required to match entities across programs, support the coordination of services, and evaluate outcomes, shall be encrypted, and shall be transmitted to the Governor or his designee. Upon receipt of such data, the Governor or his designee shall maintain the data in an encrypted state pursuant to § 2.2-2009 and restrict data sharing according to the Virginia Workforce Data Trust memorandum of understanding. For the purposes of this section:
    1. “Identifying information” means the same as that term is defined in § 18.2-186.3 ; and
    2. “Encrypted” means the same as that term is defined in § 18.2-186.6 .The agencies specified in subsection D shall enter into a memorandum of understanding supporting the Virginia Workforce Data Trust and the associated application ecosystem. “Virginia Workforce Data Trust” means a workforce database maintained by the Secretary of Labor of the Commonwealth compliant with § 2.2-2009 . In accordance with the governance process defined in the aforementioned memorandum, the data sharing referenced in subsection A shall be accomplished by integrating additional organizations, systems, data elements, and functionality into the Virginia Workforce Data Trust.
  3. The Governor or his designee and all agencies authorized under this section shall destroy or erase all shared data upon completion of all required evaluations and analyses. The Governor or his designee may retain a third-party entity to assist with the evaluation and analysis.
  4. The databases from the following agencies relating to the specific programs identified in this subsection may be shared solely to achieve the purposes specified in subsection A:
    1. Virginia Employment Commission: Unemployment Insurance, Job Service, Trade Act, and Veterans Employment Training Programs;
    2. Virginia Community College System: Postsecondary Career and Technical Education, Workforce Innovation and Opportunity Act Adult, Youth and Dislocated Worker Programs;
    3. Department for Aging and Rehabilitative Services: Vocational Rehabilitation and Senior Community Services Employment Program;
    4. Department for the Blind and Vision Impaired: Vocational Rehabilitation;
    5. Department of Education: Adult Education and Family Literacy, Special Education, and Career and Technical Education;
    6. Department of Labor and Industry: Apprenticeship;
    7. Department of Social Services: Supplemental Nutrition Assistance Program and Virginia Initiative for Education and Work;
    8. Virginia Economic Development Partnership Authority: Virginia Jobs Investment Program;
    9. Department of Juvenile Justice: Youth Industries and Institutional Work Programs and Career and Technical Education Programs;
    10. Department of Corrections: Career and Technical Education Programs; and
    11. The State Council of Higher Education for Virginia.

History. 2010, c. 803; 2012, cc. 803, 835; 2013, c. 482; 2014, cc. 41, 464; 2015, cc. 275, 292; 2019, c. 210; 2021, Sp. Sess. I, cc. 438, 453.

Editor’s note.

Acts 2013, c. 482, cl. 7 provides: “That the provisions of this act shall become effective on January 1, 2014.”

In the last paragraph of subsection B, “Secretary of Labor” was substituted for “Chief Workforce Development Advisor” at the direction of the Virginia Code Commission to conform with changes by 2021, Sp. Sess. I, c. 453.

The 2012 amendments.

The 2012 amendments by cc. 803 and 835, cl. 59, are identical, and in subdivision D 3, substituted “Department for Aging and Rehabilitative Services” and added “and Senior Community Services Employment Program”; deleted subdivision D 6, which read: “Department for the Aging: Senior Community Services Employment Program” and redesignated the remaining subdivisions accordingly; in subdivision D 9, substituted “Department of Corrections” for “Department of Correctional Education”; and in subdivision D 10, inserted “Career and Technical Education Programs.” Amendments by cc. 803 and 835, cl. 99, deleted subdivision D 10, which read: “Department of Correctional Education: Career and Technical Education Programs” and redesignated the remaining subdivisions accordingly; inserted “and Career and Technical Education Programs” in subdivision D 9; and added subdivision D 10.

The 2013 amendments.

The 2013 amendment by c. 482, effective January 1, 2014, substituted “Small Business and Supplier Diversity” for “Business Assistance” in subdivision D 8.

The 2014 amendments.

The 2014 amendments by cc. 41 and 464 are identical, and in subdivision D 8 substituted “Virginia Economic Development Partnership” for “Department of Small Business and Supplier Diversity.”

The 2015 amendments.

The 2015 amendments by cc. 275 and 292 are identical, and substituted “Workforce Innovation and Opportunity” for “Workforce Investment” in subdivision D 2; and made minor stylistic changes.

The 2019 amendments.

The 2019 amendment by c. 210 substituted “Virginia Initiative for Education and Work” for “Virginia Initiative for Employment Not Welfare” in subdivision D 7.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 438, effective July 1, 2021, rewrote subsections A and B; and inserted “Authority” in subdivision D 8.

The 2021 amendment by Sp. Sess. I, c. 453, effective July 1, 2021, in subsection A, substituted “B 8 of § 2.2-214.3 ” for “A 8 of § 2.2-435.7 ” and “B 10 of § 2.2-214.3 ” for “A 10 of § 2.2-435.7 .”

§ 2.2-435.9. Annual report by publicly funded career and technical education and workforce development programs; performance on state-level metrics.

Beginning November 1, 2016, and annually thereafter, each agency administering any publicly funded career and technical education and workforce development program shall submit to the Governor and the Virginia Board of Workforce Development a report detailing the program’s performance against state-level metrics established by the Virginia Board of Workforce Development and the Secretary of Labor.

History. 2015, cc. 275, 292; 2021, Sp. Sess. I, c. 453.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 453, effective July 1, 2021, substituted “Secretary of Labor” for “Chief Workforce Development Advisor.”

§ 2.2-435.10. Administration of the Workforce Innovation and Opportunity Act; memorandum of understanding; executive summaries.

  1. The Secretary of Labor and the Chancellor of the Virginia Community College System shall enter into a memorandum of understanding that sets forth (i) the roles and responsibilities of each of these entities in administering a state workforce system and facilitating regional workforce systems that are business-driven, aligned with current and reliable labor market data, and targeted at providing participants with workforce credentials that have demonstrated value to employers and job seekers; (ii) a funding mechanism that adequately supports operations under the federal Workforce Innovation and Opportunity Act of 2014 (P.L. 113-128)(WIOA); and (iii) a procedure for the resolution of any disagreements that may arise concerning policy, funding, or administration of the WIOA.
  2. The Secretary of Labor and the Virginia Community College System shall collaborate to produce an annual executive summary, no later than the first day of each regular session of the General Assembly, of the interim activity undertaken to implement the memorandum of understanding described in subsection A and to administer the WIOA.

History. 2015, cc. 275, 292; 2021, Sp. Sess. I, c. 453.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 453, effective July 1, 2021, in subsection A, substituted “Secretary of Labor” for “Chief Workforce Development Advisor, the Commissioner of the Virginia Employment Commission”; and in subsection B, substituted “Secretary of Labor” for “Chief Workforce Development Advisor, the Virginia Employment Commission.”

Chapter 4.2:1. Special Assistant to the Governor for Coastal Adaptation and Protection.

§ 2.2-435.11. Special Assistant to the Governor for Coastal Adaptation and Protection; duties.

  1. The position of Special Assistant to the Governor for Coastal Adaptation and Protection (the Special Assistant) is created. The Special Assistant shall be the primary point of contact for the resources to address coastal adaptation and flooding mitigation. The Special Assistant shall be the lead in developing and in providing direction and ensuring accountability for a statewide coastal flooding adaptation strategy and shall initiate and assist with economic development opportunities associated with adaptation, development opportunities for the creation of business incubators, the advancement of the academic expertise at the Commonwealth Center for Recurrent Flooding Resiliency, coordination with the Virginia Growth and Opportunity Board, safeguarding strategic national assets threatened by coastal flooding, and pursuing federal, state, and local funding opportunities for adaptation initiatives.
  2. In consultation with the Chief Resilience Officer designated pursuant to § 2.2-222.4 , the Special Assistant shall:
    1. Identify and monitor those areas of the Commonwealth that are at greatest risk from recurrent flooding and increased future flooding and recommend actions that both the private and public sectors should consider in order to increase the resilience of such areas;
    2. Upon the request of any locality in the Commonwealth in which is located a substantial flood defense or catchment area, including a levee, reservoir, dam, catch basin, or wetland or lake improved or constructed for the purpose of flood control, review and comment on plans for the construction or substantial reinforcement of such flood defense or catchment area; and
    3. Initiate and assist with the pursuit of funding opportunities for resilience initiatives at both the state and local levels and assist in overseeing and coordinating funding initiatives of all agencies of the Commonwealth.

History. 2018, cc. 722, 723; 2020, c. 493.

The 2020 amendments.

The 2020 amendment by c. 493 redesignated the first paragraph as subsection A and added subsection B; and in subsection A, substituted “strategy and shall” for “strategy. He shall.”

Chapter 4.2:2. Director of Diversity, Equity, and Inclusion.

§ 2.2-435.12. Director of Diversity, Equity, and Inclusion; duties.

The position of Director of Diversity, Equity, and Inclusion (the Director) is created. The Director shall be appointed by the Governor. The Director shall (i) develop a sustainable framework to promote inclusive practices across state government; (ii) implement a measurable, strategic plan to address systemic inequities in state government practices; and (iii) facilitate methods to turn feedback and suggestions from state employees, external stakeholders, and community leaders into concrete equity policy.

History. 2020, c. 712.

Chapter 4.3. Commonwealth Identity Management Standards.

§ 2.2-436. Approval of electronic identity standards.

  1. The Secretary of Commerce and Trade in consultation with the Secretary of Administration, shall review and approve or disapprove, upon the recommendation of the Identity Management Standards Advisory Council pursuant to § 2.2-437 , guidance documents that adopt (i) nationally recognized technical and data standards regarding the verification and authentication of identity in digital and online transactions; (ii) the minimum specifications and standards that should be included in an identity trust framework, as defined in § 59.1-550, so as to warrant liability protection pursuant to the Electronic Identity Management Act (§ 59.1-550 et seq.); and (iii) any other related data standards or specifications concerning reliance by third parties on identity credentials, as defined in § 59.1-550.
  2. Final guidance documents approved pursuant to subsection A shall be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations as a general notice. The Secretary of Commerce and Trade shall send a copy of the final guidance documents to the Joint Commission on Administrative Rules established pursuant to § 30-73.1 at least 90 days prior to the effective date of such guidance documents. The Secretary of Commerce and Trade shall also annually file a list of available guidance documents developed pursuant to this chapter pursuant to § 2.2-4103.1 of the Virginia Administrative Process Act (§ 2.2-4000 et seq.) and shall send a copy of such list to the Joint Commission on Administrative Rules.

History. 2015, cc. 482, 483; 2017, c. 488; 2020, c. 738; 2021, Sp. Sess. I, c. 258.

The 2017 amendments.

The 2017 amendment by c. 488 substituted “§ 2.2-4103.1 ” for “§ 2.2-4008 ” in the last sentence of subsection B.

The 2020 amendments.

The 2020 amendment by c. 738, substituted “Administration” for “Technology” wherever it appears.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 258, effective July 1, 2021, substituted “Secretary of Commerce and Trade” for “Secretary of Administration” wherever it appeared and substituted “Secretary of Administration” for “Secretary of Transportation” in subsection A.

§ 2.2-437. Identity Management Standards Advisory Council.

  1. The Identity Management Standards Advisory Council (the Advisory Council) is established to advise the Secretary of Commerce and Trade on the adoption of identity management standards and the creation of guidance documents pursuant to § 2.2-436 .
  2. The Advisory Council shall consist of seven members, to be appointed by and serve at the pleasure of the Governor, with expertise in electronic identity management and information technology. Members shall include a representative of the Commonwealth of Virginia Innovation Partnership Authority, five representatives of the business community with appropriate experience and expertise, and one representative of Virginia consumers. In addition to the seven appointed members, the Commissioner of the Department of Motor Vehicles, or his designee, and the Chief Information Officer of the Commonwealth, or his designee, may also serve as ex officio members with voting privileges on the Advisory Council. After the initial staggering of terms, members shall be appointed for terms of four years. Members may be reappointed.The Advisory Council shall designate one of its members as chairman.Members shall serve without compensation but shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in § 2.2-2825 .Staff to the Advisory Council shall be provided by the Office of the Secretary of Commerce and Trade.
  3. Proposed guidance documents and general opportunity for oral or written submittals as to those guidance documents shall be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations as a general notice following the processes and procedures set forth in subsection B of § 2.2-4031 of the Virginia Administrative Process Act (§ 2.2-4000 et seq.). The Advisory Council shall allow at least 30 days for the submission of written comments following the posting and publication and shall hold at least one meeting dedicated to the receipt of oral comment no less than 15 days after the posting and publication. The Advisory Council shall also develop methods for the identification and notification of interested parties and specific means of seeking input from interested persons and groups. The Advisory Council shall send a copy of such notices, comments, and other background material relative to the development of the recommended guidance documents to the Joint Commission on Administrative Rules.

History. 2015, cc. 482, 483; 2017, c. 395; 2020, c. 738; 2021, Sp. Sess. I, c. 258.

The 2017 amendments.

The 2017 amendment by c. 395 in subsection B, deleted the subdivision 1 through 5 designations, inserted “and serve at the pleasure of” in the first sentence, added the last three sentences in the first paragraph, and deleted former subdivision B 3, which read “Members appointed to the Advisory Council shall serve four-year terms, subject to the pleasure of the Governor, and may be reappointed.”

The 2020 amendments.

The 2020 amendment by c. 738 substituted “Administration” for “Technology” wherever it appears.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 258, effective July 1, 2021, substituted “Secretary of Commerce and Trade” for “Secretary of Administration” in subsections A and B; in subsection B, in the second sentence, deleted “a representative of the Department of Motor Vehicles” following “Members shall include,” substituted “Commonwealth of Virginia Innovation Partnership Authority” for “Virginia Information Technologies Agency, and” and added “and one representative of Virginia consumers” at the end; in the third sentence, inserted “the Commissioner of the Department of Motor Vehicles, or his designee, and” and substituted “ex officio members with voting privileges on” for “an ex officio member of”; and deleted the fourth sentence, which read “Beginning July 1, 2019, appointments shall be staggered as follows: one member for a term of one year; two members for a term of two years; two members for a term of three years, and two members for a term of four years.”

Chapter 4.4. Office of the Children’s Ombudsman.

§ 2.2-438. Definitions.

As used in this chapter, unless context requires another meaning:

“Administrative act” includes an action, omission, decision, recommendation, practice, or other procedure of the Department, a local department, an adoption attorney, or a child-placing agency with respect to a particular child related to adoption, foster care, or protective services.

“Adoption attorney” means an attorney acting as counsel in an adoption proceeding or case.

“Central registry” means the system maintained at the Department of Social Services pursuant to § 63.2-1515 .

“Child” means an individual under the age of 18.

“Child abuse” means harm or threatened harm to a child’s health or welfare that occurs through nonaccidental physical or mental injury, sexual abuse, sexual exploitation, abandonment, or maltreatment by a parent, a legal guardian, or any other person responsible for the child’s health or welfare or by a teacher, a teacher’s aide, or a member of the clergy.

“Child-caring institution” means a child care facility that is organized for the purpose of receiving minor children for care, maintenance, and supervision, usually on a 24-hour basis, in buildings maintained by the child-caring institution for that purpose, and that operates throughout the year. An educational program may be provided, but the educational program shall not be the primary purpose of the facility. “Child-caring institution” includes a maternity home for the care of mothers who are minors, an inpatient substance use disorder treatment facility for minors, and an agency group home that is described as a small child-caring institution, owned, leased, or rented by a licensed agency providing care for more than four but less than 13 minor children. “Child-caring institution” also includes institutions for developmentally disabled or emotionally disturbed minor children. “Child-caring institution” does not include (i) a licensed or accredited educational institution whose pupils, in the ordinary course of events, return annually to the homes of their parents or guardians for not less than two months of summer vacation; (ii) an establishment required to be licensed as a summer camp by § 35.1-18 ; or (iii) a licensed or accredited hospital legally maintained as such.

“Child neglect” means harm or threatened harm to a child’s health or welfare by a parent, legal guardian, or any other person responsible for the child’s health or welfare that occurs through either of the following:

  1. Negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care, though financially able to do so, or the failure to seek financial or other reasonable means to provide adequate food, clothing, shelter, or medical care; or
  2. Putting the child’s health or welfare at unreasonable risk through failure of the parent, legal guardian, or other person responsible for the child’s health or welfare to intervene to eliminate that risk when that person is able to do so and has, or should have, knowledge of any such risk. “Child-placing agency” means (i) any person who places children in foster homes, adoptive homes, or independent living arrangements pursuant to § 63.2-1819 ; (ii) a local board that places children in foster homes or adoptive homes pursuant to §§ 63.2-900 , 63.2-903 , and 63.2-1221 ; or (iii) an entity that assists parents with the process of delegating parental and legal custodial powers of their children pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20. “Child-placing agency” does not include the persons to whom such parental or legal custodial powers are delegated pursuant to Chapter 10 (§ 20-166 et seq.) of Title 20. Officers, employees, or agents of the Commonwealth or any locality thereof, acting within the scope of their authority as such, who serve as or maintain a child-placing agency shall not be required to be licensed. “Children’s Ombudsman” or “Ombudsman” means the individual appointed to head the Office of the Children’s Ombudsman under § 2.2-439 . “Child-serving agency” means (i) a state agency that provides services to children, including the Department of Behavioral Health and Developmental Services, the Department of Education, the Department of Health, the Department of Juvenile Justice, the Department of Social Services, and the Office of Children’s Services, and (ii) a local entity that provides services to children and that receives funding from a state agency under clause (i). “Child-serving agency” does not include any law-enforcement agency. “Complainant” means an individual who makes a complaint pursuant to § 2.2-441 . “Department” means the Department of Social Services. “Foster care” means care provided to a child by a child-caring institution or a foster parent, children’s residential facility, or group home licensed or approved by the Department under Chapter 9 (§ 63.2-900 ) of Title 63.2; care provided to a child in a relative’s home under a court order; or any other care provided at the time the child’s custody has been given to a government agency. “Law-enforcement agency” means any crime victim and witness assistance program whose funding is provided in whole or in part by grants administered by the Department of Criminal Justice Services pursuant to § 9.1-104 , any state or local police or sheriff’s department, any office of an attorney for the Commonwealth, or the Office of the Attorney General. “Local department” means the local department of social services of any county or city in the Commonwealth. “Office” means the Office of the Children’s Ombudsman established under § 2.2-439 .

History. 2020, c. 1090.

Editor’s note.

Acts 2020, c. 1090, cl. 2 provides: “That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2020 by the General Assembly that becomes law.” The Virginia Code Commission has confirmed that the funding was provided.

§ 2.2-439. Children’s Ombudsman; establishment; appointment; removal.

  1. There is hereby created the Office of the Children’s Ombudsman as a means of effecting changes in policy, procedure, and legislation; educating the public; investigating and reviewing actions of the Department, local departments, child-placing agencies, or child-caring institutions; and monitoring and ensuring compliance with relevant statutes, rules, and policies pertaining to child protective services and the placement, supervision, and treatment of, and improvement of delivery of care to, children in foster care and adoptive homes.
  2. The Office of the Children’s Ombudsman shall be headed by the Children’s Ombudsman, who shall be appointed by the Governor, subject to confirmation by the General Assembly. The individual shall be qualified by training and experience to perform the duties and exercise the powers of the Children’s Ombudsman and the Office of the Children’s Ombudsman as provided in this chapter.
  3. The appointment shall be for a term of four years. The Governor may remove the Ombudsman for cause in accordance with § 2.2-108 . Vacancies shall be filled by appointment by the Governor for the unexpired term.
  4. The operation and administration of the Office shall be funded by the Children’s Advocacy Fund established pursuant to § 2.2-449 .

History. 2020, c. 1090.

Editor’s note.

Acts 2020, c. 1090, cl. 2 provides: “That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2020 by the General Assembly that becomes law.” The Virginia Code Commission has confirmed that the funding was provided.

§ 2.2-440. Procedures; training; complaint; investigation; notification of safety concerns.

  1. The Ombudsman shall establish procedures for the Office for budget, expenditures, and employment. Subject to annual appropriations, the Ombudsman shall employ sufficient personnel to carry out the duties and powers prescribed by this chapter.
  2. The Ombudsman shall establish procedures for receiving and processing complaints from complainants and individuals not meeting the definition of complainant, conducting investigations, holding informal hearings, and reporting findings and recommendations resulting from investigations.
  3. Personnel employed by the Office shall receive mandatory training in domestic violence and in handling complaints of child abuse or child neglect that include a history of domestic violence.
  4. Any individual may submit a complaint to the Ombudsman. The Ombudsman has the sole discretion and authority to determine if a complaint falls within the Ombudsman’s duties and powers to investigate and if a complaint involves an administrative act. The Ombudsman may initiate an investigation without receiving a complaint. The Ombudsman may initiate an investigation upon receipt of a complaint from an individual not meeting the definition of complainant. An individual not meeting the definition of complainant is not entitled to receive information under this chapter as if such individual is a complainant. The individual is entitled to receive the recommendations of the Ombudsman and the Department or local department’s response to the recommendations of the Ombudsman in accordance with state and federal law. During the course of an investigation, the Ombudsman may refer a case to a child-serving agency if the Ombudsman determines that such agency received a complaint on the case but did not conduct an investigation. If the Ombudsman refers a case to a child-serving agency, such agency shall conduct an investigation of the case or provide notice to the Ombudsman explaining why an investigation was not conducted or what alternative steps may have been taken to address the situation. If an investigation has been conducted, the child-serving agency shall report the results to the Ombudsman.
  5. The Ombudsman shall notify a child-serving agency of any immediate safety concerns regarding a child or children who are part of an active or open child protective services or foster care case. This notification shall occur as soon as possible, but not later than one business day after the Ombudsman becomes aware of the concerns.

History. 2020, c. 1090.

Editor’s note.

Acts 2020, c. 1090, cl. 2 provides: “That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2020 by the General Assembly that becomes law.” The Virginia Code Commission has confirmed that the funding was provided.

§ 2.2-441. Individuals making complaint to Children’s Ombudsman.

Any of the following individuals may make a complaint to the Ombudsman with respect to a particular child, alleging that an administrative act is contrary to law, rule, or policy; imposed without an adequate statement of reason; or based on irrelevant, immaterial, or erroneous grounds:

  1. The child, if the child is able to articulate a complaint;
  2. A biological parent of the child;
  3. A foster parent of the child;
  4. An adoptive parent or a prospective adoptive parent of the child;
  5. A legally appointed guardian of the child;
  6. A guardian ad litem of the child;
  7. A relative of the child or any person with a legitimate interest as defined in § 20-124.1 ;
  8. A Virginia legislator;
  9. An individual required to report child abuse or child neglect under § 63.2-1509 ; and
  10. An attorney for any individual described in subdivisions 1 through 7.

History. 2020, c. 1090.

Editor’s note.

Acts 2020, c. 1090, cl. 2 provides: “That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2020 by the General Assembly that becomes law.” The Virginia Code Commission has confirmed that the funding was provided.

§ 2.2-442. Children’s Ombudsman; powers.

The Children’s Ombudsman has the authority to do all of the following with regard to children receiving child-protective services, in foster care, or placed for adoption:

  1. Pursue all necessary action, including legal action, to protect the rights and welfare of such children;
  2. Pursue legislative advocacy in the best interest of such children;
  3. Review policies and procedures relating to any child-serving agency’s involvement with such children and make recommendations for improvement; and
  4. Subject to an appropriation of funds, commence and conduct investigations into alleged violations of the rights of a foster parent.

History. 2020, c. 1090.

Editor’s note.

Acts 2020, c. 1090, cl. 2 provides: “That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2020 by the General Assembly that becomes law.” The Virginia Code Commission has confirmed that the funding was provided.

§ 2.2-443. Victim of child abuse or child neglect; powers of Children’s Ombudsman; child fatality cases; investigation.

  1. The Ombudsman may do all of the following in relation to a child who may be a victim of child abuse or child neglect, including a child who may have died as a result of suspected child abuse or child neglect:
    1. Upon the Ombudsman’s own initiative or upon receipt of a complaint, investigate an administrative act that is alleged to be contrary to law or rule; contrary to any policy of the Department, a local department, or a child-placing agency; imposed without an adequate statement of reason; or based on irrelevant, immaterial, or erroneous grounds. The Ombudsman has sole discretion to determine if a complaint involves an administrative act.
    2. Decide, in the Ombudsman’s discretion, whether to investigate an administrative act.
    3. Upon the Ombudsman’s own initiative or upon receipt of a complaint and subject to an appropriation of funds, investigate an alleged violation of the rights of a foster parent.
    4. Except as otherwise provided in this subdivision, access records and reports necessary to carry out the Ombudsman’s powers and duties under this chapter to the same extent and in the same manner as provided to the Department. The Ombudsman shall be provided access to medical and mental health disorder records in the same manner as access is provided to the Department. The Ombudsman may request substance use disorder records if the Ombudsman obtains a valid consent or a court order under 42 C.F.R. Part 2. In the course of a child fatality investigation, the Ombudsman may access records from the court of jurisdiction, Attorney General, prosecuting attorney, or any attorney retained by the Department or local department and reports from a county child fatality review team to the same extent and in the same manner as provided to the Department or local department under state law.
    5. Request a subpoena from a court requiring the production of a record or report necessary to carry out the Ombudsman’s duties and powers, including a child fatality investigation. If the person to whom a subpoena is issued fails or refuses to produce the record or report, the Ombudsman may petition the court for enforcement of the subpoena.
    6. Hold informal hearings and request that individuals appear before the Ombudsman and give testimony or produce documentary or other evidence that the Ombudsman considers relevant to a matter under investigation.
    7. Make recommendations to the Governor and the General Assembly concerning the need for child protective services, adoption, or foster care legislation, policy, or practice without prior review by other offices, departments, or agencies in the executive branch in order to facilitate rapid implementation of recommendations or for suggested improvements to the recommendations. No other office, department, or agency shall prohibit the release of an Ombudsman’s recommendation to the Governor or the General Assembly.
  2. The Ombudsman may investigate all child fatality cases that occurred or are alleged to have occurred due to child abuse or child neglect in the following situations:
    1. A child died during an active child protective services investigation or open services case, or there was a valid or invalid child protective services complaint within 12 months immediately preceding the child’s death.
    2. A child died while in foster care, unless the death is determined to have resulted from natural causes and there were no prior child protective services or licensing complaints concerning the foster home.
    3. A child was returned home from foster care and there is an active foster care case.
    4. A foster care case involving the deceased child or sibling was closed within 24 months immediately preceding the child’s death.
  3. Subject to state appropriations, an investigation under subsection B shall be completed within 12 months after the Ombudsman opens a child fatality case for investigation.
  4. The Ombudsman is subject to the same standards for safeguarding the confidentiality of information under this section and the same sanctions for unauthorized release of information as the Department.

History. 2020, c. 1090.

Editor’s note.

Acts 2020, c. 1090, cl. 2 provides: “That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2020 by the General Assembly that becomes law.” The Virginia Code Commission has confirmed that the funding was provided.

§ 2.2-444. Decision to investigate; notice; pursuing administrative remedies or channels of complaint; further investigation; violation of state or federal criminal law; complaint against child-placing agency; petition requesting court jurisdiction or termination of parental rights.

  1. Upon deciding to investigate a complaint from a complainant or an individual not meeting the definition of complainant, the Ombudsman shall notify the complainant or the individual not meeting the definition of complainant of the decision to investigate and shall notify the Department or local department, adoption attorney, or child-placing agency of the intention to investigate. If the Ombudsman declines to investigate a complaint or continue an investigation, the Ombudsman shall notify the complainant or the individual not meeting the definition of complainant and the Department or local department or child-placing agency of the decision and of the reasons for the Ombudsman’s action.
  2. The Ombudsman shall advise a complainant of administrative remedies and may advise the individual to pursue all administrative remedies or channels of complaint open to the complainant before pursuing a complaint with the Ombudsman. Subsequent to the administrative processing of a complaint, the Ombudsman may conduct further investigations of a complaint upon the request of the complainant or upon the Ombudsman’s own initiative.
  3. If the Ombudsman finds in the course of an investigation that an individual’s action is in violation of state or federal criminal law, the Ombudsman shall immediately report that fact to the local attorney for the Commonwealth or the Attorney General. If the complaint is against a child-placing agency, the Ombudsman shall refer the matter to the Department or local department for further action with respect to licensing or approval.

History. 2020, c. 1090.

Editor’s note.

Acts 2020, c. 1090, cl. 2 provides: “That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2020 by the General Assembly that becomes law.” The Virginia Code Commission has confirmed that the funding was provided.

§ 2.2-445. Department and child-placing agency; duties; information to be provided to biological parent, adoptive parent, or foster parent; access to departmental computer networks.

  1. The Department or local department and a child-placing agency shall do all of the following:
    1. Upon the Ombudsman’s request, grant the Ombudsman or the Ombudsman’s designee access to all information, records, and documents in the possession of the Department or local department or child-placing agency that the Ombudsman considers relevant and necessary in an investigation.
    2. Assist the Ombudsman to obtain the necessary releases of those documents that are specifically restricted.
    3. Upon the Ombudsman’s request, provide the Ombudsman with progress reports concerning the administrative processing of a complaint.
    4. Upon the Ombudsman’s request, provide the Ombudsman the information requested under subdivision 1 or notification within 10 business days after the request that the Department or local department has determined that release of the information would violate federal or state law.
  2. The Department or local department, an attorney involved with an adoption, and a child-placing agency shall provide information to a biological parent, prospective adoptive parent, or foster parent regarding the provisions of this chapter.
  3. The Ombudsman shall have access, in the Ombudsman’s own office, to departmental computer networks pertaining to protective services, foster care, adoption, juvenile delinquency, and the central registry, unless otherwise prohibited by state or federal law or if the release of the information to the Ombudsman would jeopardize federal funding. The cost of implementing this subsection shall be negotiated among the Office and the custodians of such networks.

History. 2020, c. 1090.

Editor’s note.

Acts 2020, c. 1090, cl. 2 provides: “That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2020 by the General Assembly that becomes law.” The Virginia Code Commission has confirmed that the funding was provided.

§ 2.2-446. Confidentiality of record of Children’s Ombudsman; disclosure; limitations; release of certain information.

  1. Subject to subsections B through F, a record of the Office is confidential, shall only be used for purposes set forth in this chapter, is not subject to court subpoena, and is not discoverable in a legal proceeding. If the Ombudsman identifies action or inaction by the state through its agencies or services that failed to protect children, the Ombudsman shall provide any findings and recommendations to the agency affected by those findings, and make those findings and recommendations available to the complainant and the General Assembly upon request, to the extent consistent with state or federal law. The Ombudsman shall not disclose any information that impairs the rights of the child or the child’s parents or guardians.
  2. Unless otherwise part of the public record, the Office shall not release any of the following confidential information to the general public:
    1. Records relating to a mental health evaluation or treatment of a parent or child;
    2. Records relating to the evaluation or treatment of a substance abuse-related disorder of a parent or child;
    3. Records relating to a medical diagnosis or treatment of a parent or child;
    4. Records relating to domestic violence-related services and sexual assault services provided to a parent or child; or
    5. Records relating to educational services provided to a parent or child.
  3. Notwithstanding subsection B, if the Ombudsman determines that disclosure of confidential information is necessary to identify, prevent, or respond to the abuse or neglect of a child, the Ombudsman may disclose such information to the Department or local department, a court, a law-enforcement agency, or a prosecuting attorney investigating a report of known or suspected child abuse or child neglect. The Ombudsman shall not release the address, telephone number, or other information regarding the whereabouts of a victim or suspected victim of domestic violence unless ordered to by a court.
  4. Except as provided in subsection C, the Ombudsman shall not disclose information relating to an ongoing law-enforcement investigation or an ongoing child protective services investigation. The Ombudsman may release the results of its investigation to a complainant, or an individual not meeting the definition of complainant, if the Ombudsman receives notification that releasing the results of its investigation is not related to and will not interfere with an ongoing law-enforcement investigation or ongoing child protective services investigation.
  5. The Ombudsman shall not disclose the identity of an individual making a child abuse or child neglect complaint unless that individual’s written permission is obtained first or a court has ordered the Ombudsman to release such information.
  6. The Ombudsman may release an individual’s identity who makes an intentionally false report of child abuse or child neglect, subject to other laws relating to such disclosure.

History. 2020, c. 1090.

Editor’s note.

Acts 2020, c. 1090, cl. 2 provides: “That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2020 by the General Assembly that becomes law.” The Virginia Code Commission has confirmed that the funding was provided.

§ 2.2-447. Report of findings; recommendations; consultation with individual, Department, local department, or child-placing agency; publication of adverse opinion; notice of actions; information provided to complainant; child fatality investigation; report.

  1. The Ombudsman shall prepare a report of the factual findings of an investigation and make recommendations to the Department, local department, or child-placing agency if the Ombudsman finds any of the following:
    1. A matter should be further considered by the Department, local department, or child-placing agency.
    2. An administrative act or omission should be modified, canceled, or corrected.
    3. Reasons should be given for an administrative act or omission.
    4. Other action should be taken by the Department, local department, or child-placing agency.
  2. Before announcing a conclusion or recommendation that expressly or by implication criticizes an individual, the Department, the local department, or a child-placing agency, the Ombudsman shall consult with that individual, the Department, the local department, or the child-placing agency. When publishing an opinion adverse to the Department, local department, or child-placing agency, the Ombudsman shall include in the publication any statement of reasonable length made to the Ombudsman by the Department, local department, or child-placing agency in defense or mitigation of the action. The Ombudsman may request to be notified by the Department, local department, or child-placing agency, within a specified time, of any action taken on any recommendation presented.
  3. The Ombudsman shall notify the complainant of the actions taken by the Ombudsman and by the Department, local department, or child-placing agency.
  4. The Ombudsman may provide to the complainant the following information:
    1. A copy of the Ombudsman’s report regarding the investigation’s findings, recommendations to the Department or local department made according to the investigation, the Department or local department’s response to the Ombudsman’s findings and recommendations, and any epilogue to the Ombudsman’s report and the Department or local department’s response; or
    2. Information that has otherwise been made public.
  5. The Ombudsman shall not release information to the individual making the complaint if doing so could endanger the health or welfare of a child or another individual.
  6. With respect to a child fatality case investigated under subsection B of § 2.2-443 and upon review of records or other information received under subdivision A 3 or 4 of § 2.2-443 in the course of a child fatality investigation, if there is no ongoing child protection proceeding involving a sibling of the child who died, the Ombudsman shall provide any necessary recommendations for improving systemic issues that are discovered during the investigation of the child fatality. The recommendations may be provided to the court of jurisdiction, the state court administrative office, the county child fatality review team, medical professionals, or attorneys or other legal professionals involved with the particular child who died. The recommendations shall also be summarized and included in the annual report referenced in subsection G.
  7. The Ombudsman shall submit to the Governor, the director of the Department, and the General Assembly an annual report on the Ombudsman’s activities, including any recommendations regarding the need for legislation or for a change in rules or policies.

History. 2020, c. 1090.

Editor’s note.

Acts 2020, c. 1090, cl. 2 provides: “That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2020 by the General Assembly that becomes law.” The Virginia Code Commission has confirmed that the funding was provided.

§ 2.2-448. Penalty for filing complaint or cooperating in investigation prohibited.

  1. An official, the Department, a local department, a child-serving agency, or a child-placing agency shall not penalize any person for filing a complaint or cooperating with the Ombudsman in investigating a complaint.
  2. An individual, the Department, a local department, an adoption attorney, a child-serving agency, or a child-placing agency shall not hinder the lawful actions of the Ombudsman or employees of the Ombudsman.
  3. A report by the Ombudsman is not subject to prior approval by a person outside of the Office.

History. 2020, c. 1090.

Editor’s note.

Acts 2020, c. 1090, cl. 2 provides: “That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2020 by the General Assembly that becomes law.” The Virginia Code Commission has confirmed that the funding was provided.

§ 2.2-449. Children’s Advocacy Fund.

There is hereby created in the state treasury a special nonreverting fund to be known as the Children’s Advocacy Fund, referred to in this section as “the Fund.” The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose, and any gifts, donations, grants, bequests, and other funds received on its behalf 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 of supporting the Office of the Children’s Ombudsman pursuant to § 2.2-439 and for carrying out the purposes of this chapter. 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 Children’s Ombudsman.

History. 2020, c. 1090.

Editor’s note.

Acts 2020, c. 1090, cl. 2 provides: “That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2020 by the General Assembly that becomes law.” The Virginia Code Commission has confirmed that the funding was provided.

Part B. Department of Law.

Chapter 5. Department of Law.

Article 1. General Provisions.

§ 2.2-500. Attorney General to be chief executive officer; duties generally.

The Attorney General shall be the chief executive officer of the Department of Law, and shall perform such duties as may be provided by law.

History. Code 1950, § 2-85; 1966, c. 677, § 2.1-117; 2001, c. 844.

Cross references.

For general constitutional provision concerning Attorney General, see Va. Const., Art. V, § 15.

As to the powers of the Virginia Economic Development Partnership Authority, see § 2.2-2237 .

As to the purchase of legal services or expert witnesses or other services associated with litigation or regulatory proceedings authorized under this section being exempt from the Virginia Public Procurement Act, see § 2.2-4344 .

Editor’s note.

Acts 2019, cc. 810 and 811, cl. 2 provides: “That notwithstanding any other provision of law, the Board of Directors (the Board) of the Virginia Alcoholic Beverage Control Authority (the Authority) shall have the power to employ or retain in-house legal counsel to advise or represent the Authority in hearings, controversies, or other matters involving the interests of the Authority; however, upon request by the Board, the Attorney General shall provide legal services for the Authority in accordance with Chapter 5 (§ 2.2-500 et seq.) of Title 2.2.”

Michie’s Jurisprudence.

For related discussion, see 2A M.J. Attorney General, §§ 1, 2.

Effective date.

This title is effective October 1, 2001.

CASE NOTES

Attorney generals not proper parties in prison condition suit. —

Where plaintiff failed to state what legal duties attorney generals owed him and how those duties were breached, all claims against them were properly dismissed in suit complaining of correctional facilities for morbidly obese inmate. Torcasio v. Murray, 862 F. Supp. 1482, 1994 U.S. Dist. LEXIS 13240 (E.D. Va. 1994), aff'd in part, rev'd, 57 F.3d 1340, 1995 U.S. App. LEXIS 16031 (4th Cir. 1995) (decided under prior law).

OPINIONS OF THE ATTORNEY GENERAL

Deferred disposition. —

A trial court may, with the concurrence of both the Commonwealth’s Attorney and the defendant, defer disposition and continue a criminal case for a period of time, and then at the end of that period consider a dismissal of the charge if the defendant has complied with certain prescribed conditions. See opinion of Attorney General to The Honorable Scott A. Surovell, Member, Senate of Virginia, 17-022, (11/9/18).

§ 2.2-501. Assistant and deputy Attorneys General.

The Attorney General shall appoint a chief deputy Attorney General and may appoint the necessary deputy Attorneys General and assistant Attorneys General and fix their salaries within the limitation of the funds provided for the purpose in the general appropriation act.

If a vacancy occurs in the office of Attorney General for any reason, the chief deputy Attorney General shall serve as acting Attorney General until such time as the vacancy is filled pursuant to § 24.2-213 . The acting Attorney General shall exercise all the powers, and duties, and enjoy all the perquisites of the office of Attorney General as are provided by law.

History. Code 1950, § 2-94; 1966, c. 677, § 2.1-130; 1977, c. 596; 2001, c. 844.

CASE NOTES

Construction with other law. —

Circuit court properly sustained a demurrer filed by defendant, the Office of the Attorney General who employed a group of former employees, which was filed in response to the employees’ amended motion for judgment, as the employees were not covered by the Virginia Personnel Act, § 2.2-2900 et seq., because they were exempt under subdivision 1 of § 2.2-2905 ; hence, in utilizing the interpretive guidance of both §§ 2.2-501 and 2.2-502 , the employees were ineligible to receive Workforce Transition Act benefits under § 2.2-3202 . Boynton v. Kilgore, 271 Va. 220 , 623 S.E.2d 922, 2006 Va. LEXIS 2 (2006).

First Amendment retaliation claim. —

Where an employee was working as an Assistant Attorney General when the employee was forced to resign after the employee denied posting a comment on a newspaper’s website that criticized the Attorney General and supported an opponent in a gubernatorial election, the employee’s First Amendment retaliation claims failed because the correct application of the Elrod-Branti exception was not clearly established; also, application of the Elrod-Branti exception showed that Assistant Attorneys General in positions such as the employee’s could be fired for their political affiliation. Vanterpool v. Cuccinelli, 998 F. Supp. 2d 451, 2014 U.S. Dist. LEXIS 16428 (E.D. Va. 2014).

§ 2.2-502. Support staff.

The Attorney General may appoint such persons as he deems necessary for the efficient conduct of his office, and apportion, out of the appropriation for his office, such salaries among such persons as he deems proper, but the aggregate amount paid them shall not exceed the amount provided by law.

History. Code 1950, § 2-95; 1966, c. 677, § 2.1-131; 2001, c. 844.

CASE NOTES

Construction with other law. —

Circuit court properly sustained a demurrer filed by defendant, the Office of the Attorney General who employed a group of former employees, which was filed in response to the employees’ amended motion for judgment, as the employees were not covered by the Virginia Personnel Act, § 2.2-2900 et seq., because they were exempt under § 2.2-2905 ; hence, in utilizing the interpretive guidance of both §§ 2.2-501 and 2.2-502 , the employees were ineligible to receive Workforce Transition Act benefits under § 2.2-3202 . Boynton v. Kilgore, 271 Va. 220 , 623 S.E.2d 922, 2006 Va. LEXIS 2 (2006).

§ 2.2-503. Office space.

The Governor shall assign to the Attorney General office space for the Attorney General, his assistants and employees suitable for the transaction of the legal business of the Commonwealth.

History. Code 1950, § 2-96; 1966, c. 677, § 2.1-132; 1994, c. 64; 2001, c. 844.

§ 2.2-504. Contingent and traveling expenses.

The Attorney General may expend for the contingent expenses of his office the sums appropriated for his office by the General Assembly. The Attorney General, the deputy and assistant Attorneys General, and other employees of the office shall be reimbursed for actual travel expenses in the performance of their duties in accordance with § 2.2-2823 .

History. Code 1950, § 2-97; 1966, c. 677, § 2.1-133; 2001, c. 844.

§ 2.2-505. Official opinions of Attorney General.

  1. The Attorney General shall give his advice and render official advisory opinions in writing only when requested in writing so to do by one of the following: the Governor; a member of the General Assembly; a judge of a court of record or a judge of a court not of record; the State Corporation Commission; an attorney for the Commonwealth; a county, city or town attorney in those localities in which such office has been created; a clerk of a court of record; a city or county sheriff; a city or county treasurer or similar officer; a commissioner of the revenue or similar officer; a chairman or secretary of an electoral board; or the head of a state department, division, bureau, institution or board.
  2. Except in cases where an opinion is requested by the Governor or a member of the General Assembly, the Attorney General shall have no authority to render an official opinion unless the question dealt with is directly related to the discharge of the duties of the official requesting the opinion. Any opinion request to the Attorney General by an attorney for the Commonwealth or county, city or town attorney shall itself be in the form of an opinion embodying a precise statement of all facts together with such attorney’s legal conclusions.

History. Code 1950, § 2-86; 1966, c. 677, § 2.1-118; 1968, c. 414; 1971, Ex. Sess., c. 155; 1976, c. 715; 1999, c. 14; 2001, c. 844.

Cross references.

As to request of Governor, see Va. Const., Art. V, § 8.

Law Review.

For annual survey commentary, “Constitutional Crisis in the Commonwealth: Resolving the Conflict between Governors and Attorney General,” see 41 U. Rich. L. Rev. 43 (2006).

For annual survey article, “Real Estate Law,” see 41 U. Rich. L. Rev. 257 (2006).

CASE NOTES

General Assembly is not bound by opinions of the Attorney General. Forest Hills Early Learning Ctr., Inc. v. Lukhard, 540 F. Supp. 1046, 1982 U.S. Dist. LEXIS 13112 (E.D. Va. 1982), aff'd in part, vacated in part, 728 F.2d 230, 1984 U.S. App. LEXIS 25706 (4th Cir. 1984) (decided under prior law).

OPINIONS OF THE ATTORNEY GENERAL

Attorney General could not issue official advisory opinion on question requiring factual determination. —

Whether law enforcement officers employed pursuant to § 15.2-1712 are considered to be performing “law enforcement activities” for purposes of workers’ compensation and personal and property damage liability coverage under a local government risk management insurance program is a question requiring a factual determination rather than an interpretation of law and, therefore, the Attorney General could not issue an official advisory opinion on the question. See opinion of Attorney General to The Honorable William C. Mims, Member, Senate of Virginia, 01-047 (12/27/01).

Duties of circuit court clerks. —

While a clerk of court is governed by the federal and state constitutions, he has no authority to deem unconstitutional a statute imposing on him a ministerial duty. The duties of a clerk of court are ministerial, and decisions relating to constitutionality are discretionary, not ministerial. Nevertheless, a clerk who in good faith performs his ministerial duties in the absence of clear judicial authority directing him not to do so has not engaged in malfeasance. See opinion of Attorney General to The Honorable Gordon F. Erby, Clerk of Court, Lunenburg Circuit Court, 14-008, (5/30/14).

Questions related to scope of power of President of the United States. —

A question related to the scope of power that can be exercised by the President of the United States with regard to enforcing a particular federal law is not an appropriate subject for an official opinion of this office. See opinion of Attorney General to The Honorable L. Scott Lingamfelter, Member, House of Delegates, The Honorable C. Todd Gilbert, Member, House of Delegates, 14-009, (5/30/14).

§ 2.2-506. Legal services to attorneys for the Commonwealth in certain proceedings; costs.

The Attorney General shall at the request of an attorney for the Commonwealth, provide legal service to such attorney for the Commonwealth in any proceedings brought against him seeking to restrain the enforcement of any state law.

Any costs chargeable against the defendant in any such case shall be paid by the Commonwealth from the appropriation for the payment of criminal charges.

History. 1962, c. 235, § 2-86.2; 1966, c. 677, § 2.1-120; 2001, c. 844.

CASE NOTES

First Amendment retaliation claim. —

Where an employee was working as an Assistant Attorney General when the employee was forced to resign after the employee denied posting a comment on a newspaper’s website that criticized the Attorney General and supported an opponent in a gubernatorial election, the employee’s First Amendment retaliation claims failed because the correct application of the Elrod-Branti exception was not clearly established; also, application of the Elrod-Branti exception showed that Assistant Attorneys General in positions such as the employee’s could be fired for their political affiliation. Vanterpool v. Cuccinelli, 998 F. Supp. 2d 451, 2014 U.S. Dist. LEXIS 16428 (E.D. Va. 2014).

§ 2.2-507. Legal service in civil matters.

  1. All legal service in civil matters for the Commonwealth, the Governor, and every state department, institution, division, commission, board, bureau, agency, entity, official, court, or judge, including the conduct of all civil litigation in which any of them are interested, shall be rendered and performed by the Attorney General, except as provided in this chapter and except for any litigation concerning a justice or judge initiated by the Judicial Inquiry and Review Commission. No regular counsel shall be employed for or by the Governor or any state department, institution, division, commission, board, bureau, agency, entity, or official. The Attorney General may represent personally or through one or more of his assistants any number of state departments, institutions, divisions, commissions, boards, bureaus, agencies, entities, officials, courts, or judges that are parties to the same transaction or that are parties in the same civil or administrative proceeding and may represent multiple interests within the same department, institution, division, commission, board, bureau, agency, or entity. The soil and water conservation district directors or districts may request legal advice from local, public, or private sources; however, upon request of the soil and water conservation district directors or districts, the Attorney General shall provide legal service in civil matters for such district directors or districts.
  2. The Attorney General may represent personally or through one of his assistants any of the following persons who are made defendant in any civil action for damages arising out of any matter connected with their official duties:
    1. Members, agents, or employees of the Virginia Alcoholic Beverage Control Authority;
    2. Agents inspecting or investigators appointed by the State Corporation Commission;
    3. Agents, investigators, or auditors employed by the Department of Taxation;
    4. Members, agents, or employees of the State Board of Behavioral Health and Developmental Services, the Department of Behavioral Health and Developmental Services, the State Board of Health, the State Department of Health, the Department of General Services, the State Board of Social Services, the Department of Social Services, the State Board of Local and Regional Jails, the Department of Corrections, the State Board of Juvenile Justice, the Department of Juvenile Justice, the Virginia Parole Board, or the Department of Agriculture and Consumer Services;
    5. Persons employed by the Commonwealth Transportation Board, the Department of Transportation, or the Department of Rail and Public Transportation;
    6. Persons employed by the Commissioner of Motor Vehicles;
    7. Persons appointed by the Commissioner of Marine Resources;
    8. Police officers appointed by the Superintendent of State Police;
    9. Conservation police officers appointed by the Department of Wildlife Resources;
    10. Hearing officers appointed to hear a teacher’s grievance pursuant to § 22.1-311;
    11. Staff members or volunteers participating in a court-appointed special advocate program pursuant to Article 5 (§ 9.1-151 et seq.) of Chapter 1 of Title 9.1;
    12. Any emergency medical services agency that is a licensee of the Department of Health in any civil matter and any guardian ad litem appointed by a court in a civil matter brought against him for alleged errors or omissions in the discharge of his court-appointed duties;
    13. Conservation officers of the Department of Conservation and Recreation; or
    14. A person appointed by written order of a circuit court judge to run an existing corporation or company as the judge’s representative, when that person is acting in execution of a lawful order of the court and the order specifically refers to this section and appoints such person to serve as an agent of the Commonwealth.Upon request of the affected individual, the Attorney General may represent personally or through one of his assistants (i) any basic or advanced emergency medical care attendant or technician possessing a valid certificate issued by authority of the State Board of Health in any civil matter in which a defense of immunity from liability is raised pursuant to § 8.01-225 or (ii) any member of the General Assembly in any civil matter alleging that such member in his official capacity violated the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) pursuant to § 2.2-3713 or 2.2-3714 .
  3. If, in the opinion of the Attorney General, it is impracticable or uneconomical for such legal service to be rendered by him or one of his assistants, he may employ special counsel for this purpose, whose compensation shall be fixed by the Attorney General. The compensation for such special counsel shall be paid out of the funds appropriated for the administration of the board, commission, division, or department being represented or whose members, officers, inspectors, investigators, or other employees are being represented pursuant to this section. Notwithstanding any provision of this section to the contrary, the Supreme Court may employ its own counsel in any matter arising out of its official duties in which it, or any justice, is a party.
  4. Nothing herein shall limit the powers granted in § 16.1-88.03.

History. Code 1950, § 2-87; 1958, c. 542; 1966, cc. 222, 677, § 2.1-121; 1974, cc. 44, 45, 432; 1975, c. 372; 1976, cc. 580, 726; 1978, c. 96; 1979, c. 450; 1980, c. 255; 1981, c. 427; 1982, c. 636; 1984, cc. 703, 742; 1987, c. 326; 1988, c. 435; 1989, c. 733; 1990, cc. 637, 752, 791; 2001, c. 844; 2005, c. 236; 2007, cc. 248, 595; 2008, c. 577; 2009, cc. 813, 840; 2012, c. 563; 2013, cc. 585, 588, 646, 650; 2015, cc. 38, 502, 503, 730; 2017, c. 690; 2019, c. 357; 2020, cc. 759, 958.

Editor’s note.

Acts 2013, cc. 585 and 646, cl. 2 provides: “That the provisions of this act shall not be construed to invalidate any action taken or approval rendered by the Commonwealth Transportation Board prior to July 1, 2013, and that any and all actions taken and all approvals rendered by the Board prior to July 1, 2013, shall remain valid and in effect unless modified, superseded, or repealed by subsequent action of the Board.”

Acts 2015, cc. 38 and 730, cl. 4, as amended by Acts 2017, cc. 698 and 707, cl. 2, provides: “That the provisions of this act shall become effective on January 15, 2018, except that the provisions of the (i) thirteenth, fourteenth, and fifteenth enactments of this act shall become effective on July 1, 2015; (ii) third enactment of this act shall become effective on July 1, 2018; and (iii) eleventh enactment of this act shall become effective on January 1, 2019.”

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item 284 D, effective for the biennium ending June 30, 2022, provides: “Notwithstanding the provisions of §§ 2.2-507 and 2.2-510 , when the Tax Commissioner determines that an issue may have a major impact on tax policies, revenues or expenditures, he may request that the Attorney General appoint special counsel to render such assistance or representation as needed. The compensation for such special counsel shall be paid out of the funds appropriated for the administration of the Department of Taxation.”

The 2005 amendments.

The 2005 amendment by c. 236 added the last sentence to subsection A.

The 2007 amendments.

The 2007 amendment by c. 248, in subsection C, inserted “being represented or” and substituted “being represented” for “defended” in the second sentence.

The 2007 amendment by c. 595 added subdivision A 13 and made related changes.

The 2008 amendments.

The 2008 amendment by c. 577 rewrote the last sentence in subsection A, which read: “Upon request of the local attorney for the Commonwealth, the Attorney General may provide legal service in civil matters for soil and water conservation district directors or districts.”

The 2009 amendments.

The 2009 amendments by cc. 813 and 840 are identical, and substituted “State Board of Behavioral Health and Developmental Services, the Department of Behavioral Health and Developmental Services” for “State Mental Health, Mental Retardation and Substance Abuse Services Board, the Department of Mental Health, Mental Retardation and Substance Abuse Services” in subdivision B 4.

The 2012 amendments.

The 2012 amendment by c. 563 added subdivision B 14 and made related changes.

The 2013 amendments.

The 2013 amendments by cc. 585 and 646 are identical, and added “the Department of Transportation, or the Department of Rail and Public Transportation” at the end of subdivision B 5.

The 2013 amendments by cc. 588 and 650 are identical, and in subdivision B 10, substituted “Hearing officers” for “Third impartial panel members” and “§ 22.1-311” for “§ 22.1-312.”

The 2015 amendments.

The 2015 amendment by cc. 38 and 730, effective January 15, 2018, are identical and substituted “Virginia Alcoholic Beverage Control Authority” for “Alcoholic Beverage Control Board” in subdivision B 1.

The 2015 amendments by cc. 502 and 503 are identical, and substituted “emergency medical services” for “emergency medical service” in subdivision B 11.

The 2017 amendments.

The 2017 amendment by c. 690 added subsection D.

The 2019 amendments.

The 2019 amendment by c. 357 inserted “(i)” and clause (ii) in the last paragraph of subsection B.

The 2020 amendments.

The 2020 amendment by c. 759 substituted “Local and Regional Jails” for “Corrections” in subdivision B 4.

The 2020 amendment by c. 958 substituted “Department of Wildlife Resources” for “Department of Game and Inland Fisheries” in subdivision B 9.

Law Review.

For annual survey commentary, “Constitutional Crisis in the Commonwealth: Resolving the Conflict between Governors and Attorney General,” see 41 U. Rich. L. Rev. 43 (2006).

For annual survey of Virginia law, “Comment: Why Virginia’s Challenges to the Patient Protection and Affordable Care Act Did Not Invoke Nullification,” see 46 U. Rich. L. Rev. 917 (2012).

For annual survey of Virginia law article, “Administrative Law,” see 47 U. Rich. L. Rev. 7 (2012).

Michie’s Jurisprudence.

For related discussion, see 2A M.J. Attorney General, § 2.

CASE NOTES

Editor’s note.

Some of the cases below were decided under former Title 2.1 or prior provisions.

Assistance to hearing officer in case against medical provider. —

The Attorney General complied with mandate to render all legal service in civil matters for the Commonwealth and all its agencies by assigning separate assistants to prosecute and to advise the hearing officer on procedure in case against doctor whose medical provider contract was terminated. Hladys v. Commonwealth, 235 Va. 145 , 366 S.E.2d 98, 4 Va. Law Rep. 2083, 1988 Va. LEXIS 37 (1988).

Doctor’s right in a medical license revocation proceeding to a neutral decision maker was not improperly infringed when one assistant attorney general advised the board while another assistant attorney general prosecuted the case against the doctor. The doctor had not show the required bias or improper conduct and the General Assembly had directed the Attorney General to conduct legal services for every state board. Vuyyuru v. Va. Bd. of Med., 2008 Va. App. LEXIS 30 (Va. Ct. App. Jan. 15, 2008).

Scope of inquiry. —

While Supreme Court recognized that the Attorney General vigorously disputed the existence of any conflict of interests between her office and the Virginia Retirement System, it was not the province of the judicial branch of government to question the motives or judgment of the head of the executive branch; rather, inquiry for the Supreme Court was limited to whether the Governor exceeded the scope of authority vested in his office by his appointment of a “special counsel” and whether, in the exercise of that grant of power, the Governor’s acts were arbitrary and capricious. Wilder v. Attorney Gen., 247 Va. 119 , 439 S.E.2d 398, 10 Va. Law Rep. 764, 1994 Va. LEXIS 20 (1994).

Finding not binding on Supreme Court. —

Where trial court’s finding that the Governor appointed regular counsel was not merely a finding of fact, but a mixed question of law and fact, such finding was not binding on the Supreme Court. Wilder v. Attorney Gen., 247 Va. 119 , 439 S.E.2d 398, 10 Va. Law Rep. 764, 1994 Va. LEXIS 20 (1994).

Arising from official duties. —

Under subsection B of § 2.2-507 , the Attorney General may represent members, agents, or employees of the Department of Corrections who are made defendant in any civil action for damages arising out of any matter connected with their official duties and, contrary to an inmate’s contention, the statute does not require that an individual be a member, agent, or employee of the relevant department at the time the counterclaim is filed; all that is required is that the civil litigation for which damages are sought arise from the individual’s official duties. Douglas v. McCarty, 87 Fed. Appx. 299, 2003 U.S. App. LEXIS 23585 (4th Cir. 2003).

Attorney General represents the state. —

Virginia House of Delegates lacked the authority to displace Virginia’s Attorney General as representative of the State where, in enacting subsection A of § 2.2-507 , Virginia clearly made the Attorney General the State’s sole representative in civil litigation. Even assuming that Virginia had authorized the House to represent the State’s interest, as a factual matter, the House had never indicated in the district court that it was appearing in that capacity. Va. House of Delegates v. Bethune-Hill, 139 S. Ct. 1945, 204 L. Ed. 2d 305, 2019 U.S. LEXIS 4174 (2019).

Exception to Attorney General’s authority. —

At a minimum, the Commonwealth’s Attorney has standing to seek mandamus or prohibition in a matter involving an ongoing criminal prosecution. Moreau v. Fuller, 276 Va. 127 , 661 S.E.2d 841, 2008 Va. LEXIS 68 (2008).

First Amendment retaliation claim. —

Where an employee was working as an Assistant Attorney General when the employee was forced to resign after the employee denied posting a comment on a newspaper’s website that criticized the Attorney General and supported an opponent in a gubernatorial election, the employee’s First Amendment retaliation claims failed because the correct application of the Elrod-Branti exception was not clearly established; also, application of the Elrod-Branti exception showed that Assistant Attorneys General in positions such as the employee’s could be fired for their political affiliation. Vanterpool v. Cuccinelli, 998 F. Supp. 2d 451, 2014 U.S. Dist. LEXIS 16428 (E.D. Va. 2014).

Attorney generals not proper parties in prison condition suit. —

Where plaintiff failed to state what legal duties attorney generals owed him and how those duties were breached, all claims against them were properly dismissed in suit complaining of correctional facilities for morbidly obese inmate. Torcasio v. Murray, 862 F. Supp. 1482, 1994 U.S. Dist. LEXIS 13240 (E.D. Va. 1994), aff'd in part, rev'd, 57 F.3d 1340, 1995 U.S. App. LEXIS 16031 (4th Cir. 1995).

Legal services for Social Services Department mandatory. —

This section provides that the Office of the Attorney General shall provide all legal services for the Department of Social Services in civil matters; the term “shall” is mandatory and reflects the General Assembly’s intention that there be no discretion in complying with the statute, except as provided in the statute itself, an issue not raised on these facts. Brunty v. Smith, 22 Va. App. 191, 468 S.E.2d 161, 1996 Va. App. LEXIS 204 (1996).

§ 2.2-507.1. Authority of Attorney General regarding charitable assets.

  1. The assets of a charitable corporation incorporated in or doing any business in Virginia shall be deemed to be held in trust for the public for such purposes as are established by the governing documents of such charitable corporation, the gift or bequest made to such charitable corporation, or other applicable law. The Attorney General shall have the same authority to act on behalf of the public with respect to such assets as he has with respect to assets held by unincorporated charitable trusts and other charitable entities, including the authority to seek such judicial relief as may be necessary to protect the public interest in such assets.
  2. Nothing contained in this section is intended to modify the standard of conduct applicable under existing law to the directors of charitable corporations incorporated in or doing any business in Virginia.

History. 2002, c. 792; 2004, c. 289.

The 2004 amendments.

The 2004 amendment by c. 289 inserted the A designation at the beginning of the first paragraph; in subsection A, in the first sentence, deleted “donor’s intent as expressed in” following “established by the” and substituted “of such charitable corporation, the gift or bequest made to such charitable corporation” for “or by”; and added subsection B.

Law Review.

For 2003/2004 survey of the law of wills, trusts and estates, see 39 U. Rich. L. Rev. 447 (2004).

For essay, “The Will to Prevail: Inside the Legal Battle to Save Sweet Briar,” see 51 U. Rich. L. Rev. 227 (2016).

Research References.

Harrison on Wills and Administration for Virginia and West Virginia (Matthew Bender). Chapter 17 Beneficiaries. § 17.25 Present Status. Cox.

Michie’s Jurisprudence.

For related discussion, see 3B M.J. Charitable Trusts, § 10.

CASE NOTES

Suits filed prior to July 1, 2002. —

Trial court had jurisdiction to decide a lawsuit that a fraternity filed against a foundation it created in 1966 seeking an order declaring that the foundation held title to property it owned in trust for the benefit of the fraternity, even though the Attorney General of Virginia was not a party to the lawsuit, because the suit was filed before July 1, 2002. Kappa Sigma Fraternity, Inc. v. Kappa Sigma Fraternity, 266 Va. 455 , 587 S.E.2d 701, 2003 Va. LEXIS 105 (2003).

Applicability to a nonstock charitable corporation. —

This section does not impose any duties upon a nonstock charitable corporation. Dodge v. Trs. of Randolph-Macon Woman's College, 276 Va. 10 , 661 S.E.2d 805, 2008 Va. LEXIS 85 (2008).

Application of trust law. —

This section does not require the application of trust law, rather than corporate law, to a college, which is a nonstock charitable corporation. Acceptance of that position would transform all charitable Virginia nonstock corporations into charitable trusts, and there was no language in § 2.2-507.1 that manifested any intent of the General Assembly to make such a drastic change in Virginia’s established law. Dodge v. Trs. of Randolph-Macon Woman's College, 276 Va. 10 , 661 S.E.2d 805, 2008 Va. LEXIS 85 (2008).

Authority of Attorney General to act. —

Applying the plain meaning of the language the General Assembly chose to use when enacting § 2.2-507.1 , the statute was quite narrow and simply conferred upon the Attorney General the authority to act on behalf of the public to protect the public’s interest in assets held by charitable corporations. This statute was devoid of any language that imposed duties upon charitable corporations. Dodge v. Trs. of Randolph-Macon Woman's College, 276 Va. 10 , 661 S.E.2d 805, 2008 Va. LEXIS 85 (2008).

Directors’ duties and standards of conduct. —

Under subsection B, directors of charitable nonstock corporations remained subject to existing statutory and common law related to those corporations. Subsection B of § 2.2-507.1 , by its express and explicit language, negated the imposition of any additional duties upon directors of charitable corporations; rather, § 13.1-870 , which was a part of the Virginia Nonstock Corporation Act, and the common law, governed the standards of conduct applicable to directors of nonstock charitable corporations. Dodge v. Trs. of Randolph-Macon Woman's College, 276 Va. 10 , 661 S.E.2d 805, 2008 Va. LEXIS 85 (2008).

§ 2.2-507.2. Youth Internet Safety Fund established.

There is hereby created in the state treasury a special nonreverting fund to be known as the Youth Internet Safety Fund, hereafter referred to as “the Fund.” The Fund shall be established on the books of the Comptroller. All money as may be appropriated by the General Assembly and any gifts, bequests, grants, or donations 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 of education, public awareness, and other activities to promote the safe and secure use of the Internet. Unless otherwise restricted by the terms of the gift or bequest, the Attorney General may direct the sale, exchange, or other disposition of such gifts and bequests. 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 Attorney General.

History. 2007, c. 309.

Editor’s note.

Acts 2007, c. 309, cl. 2, provides: “That an emergency exists and this act is in force from its passage [March 12, 2007].”

Acts 2007, c. 309, cl. 3, provides: “That the provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply to expenditures from the fund created by this act.”

§ 2.2-507.3. Cooperation with the Opioid Abatement Authority.

  1. As deemed necessary to comply with or effectuate the terms of a settlement, judgment, verdict, or other court order relating to claims regarding the manufacturing, marketing, distribution, or sale of opioids and in accordance with an agreement between the Attorney General and participating localities, as defined in § 2.2-2365 , the Attorney General shall designate funds from such settlements, judgments, verdicts, or other court orders for deposit in the Opioid Abatement Fund (the Fund) established pursuant to § 2.2-2374 . The Attorney General shall cooperate with and assist the Opioid Abatement Authority in its administration of the Fund.
  2. If the terms of a settlement, judgment, verdict, or other court order, or any agreement related thereto between the Attorney General and participating localities, include a local apportionment formula dividing any part of a settlement, judgment, or verdict among participating localities, or if the terms of a settlement, judgment, verdict, or other court order, or any agreement related thereto between the Attorney General and participating localities, as defined in § 2.2-2365 , authorize participating localities to agree upon a local apportionment formula dividing any part of a settlement, judgment, or verdict, any such locality may submit the agreed-upon local apportionment formula to the Attorney General.

History. 2021, Sp. Sess. I, cc. 306, 307.

Effective date.

This section is effective July 1, 2021.

§ 2.2-508. Legal service in certain redistricting proceedings.

Upon notification by a county, city or town of a pending civil action challenging the legality of its election district boundaries as required by § 24.2-304.5 , the Attorney General shall review the papers in the civil action and may represent the interests of the Commonwealth in developing an appropriate remedy that is consistent with requirements of law, including but not limited to Article VII, Section 5 of the Constitution of Virginia, Chapter 3 (§ 24.2-302.2 et seq.) of Title 24.2, or Chapter 39 (§ 30-263 et seq.) of Title 30.

History. 1989, c. 112, § 2.1-121.1; 1995, c. 249; 2001, c. 844; 2004, c. 1000; 2012, c. 1.

Editor’s note.

The amendment to this section by Acts 2012, c. 1, was subject to preclearance by the Department of Justice, pursuant to § 5 of the federal Voting Rights Act. Preclearance was received by letter dated March 14, 2012.

Acts 2012, c. 1 became effective January 25, 2012, pursuant to Va. Const., Art. II, § 6.

The 2004 amendments.

The 2004 amendment by c. 1000 substituted “Virginia, Chapter 3 (§ 24.2-302.1 et seq.) of Title 24.2, or Chapter 39 (§ 30-263 et seq.) of Title 30” for “Virginia or Chapter 3 (§ 24.2-300 et seq.) of Title 24.2.”

The 2012 amendments.

The 2012 amendment, effective January 25, 2012, substituted “(§ 24.2-302.2 et seq.)” for “(§ 24.2-302.1 et seq.).”

§ 2.2-509. Representation in administrative proceedings.

Notwithstanding any other provision of law, if the Attorney General finds after consultation with the head of the affected department that it is in the best interests of the Commonwealth to do so, the Attorney General may authorize any employee of his office or any employee of a department to represent that department or an affiliated body in any administrative proceedings before the department, an affiliated body or before any hearing officer or examiner appointed or employed by the department or affiliated body.

History. 1991, c. 227, § 2.1-121.2; 2001, c. 844.

CASE NOTES

City attorney’s representation in an administrative proceeding. —

Although the record did not indicate the Attorney General specifically authorized a city attorney to represent the Virginia ABC Board in an administrative proceeding regarding suspension of a liquor license, any error in the process by which the city attorney presented evidence at the hearing was harmless; § 2.2-509 contemplated that a substitute could represent the Board in administrative proceedings. Supermarket Express, L.L.C. v. Dep't of Alcoholic Beverage Control, 2005 Va. App. LEXIS 118 (Va. Ct. App. Mar. 22, 2005).

First Amendment retaliation claim. —

Where an employee was working as an Assistant Attorney General when the employee was forced to resign after the employee denied posting a comment on a newspaper’s website that criticized the Attorney General and supported an opponent in a gubernatorial election, the employee’s First Amendment retaliation claims failed because the correct application of the Elrod-Branti exception was not clearly established; also, application of the Elrod-Branti exception showed that Assistant Attorneys General in positions such as the employee’s could be fired for their political affiliation. Vanterpool v. Cuccinelli, 998 F. Supp. 2d 451, 2014 U.S. Dist. LEXIS 16428 (E.D. Va. 2014).

§ 2.2-509.1. Powers of investigators; enforcement of certain tobacco laws.

Investigators with the Office of the Attorney General as designated by the Attorney General shall be authorized to seize cigarettes as defined in § 3.2-4200, which are sold, possessed, distributed, transported, imported, or otherwise held in violation of § 3.2-4207 or 58.1-1037 . In addition, such investigators shall be authorized to accompany and participate with special agents of the Virginia Alcoholic Beverage Control Authority or other law-enforcement officials engaging in an enforcement action under § 3.2-4207 or 58.1-1037 .

History. 2006, c. 695; 2015, cc. 38, 730.

Editor’s note.

Acts 2015, cc. 38 and 730, cl. 4, as amended by Acts 2017, cc. 698 and 707, cl. 2, provides: “That the provisions of this act shall become effective on January 15, 2018, except that the provisions of the (i) thirteenth, fourteenth, and fifteenth enactments of this act shall become effective on July 1, 2015; (ii) third enactment of this act shall become effective on July 1, 2018; and (iii) eleventh enactment of this act shall become effective on January 1, 2019.”

At the direction of the Virginia Code Commission, Title 3.2 references were substituted for Title 3.1 references to conform to the title revision by Acts 2008, c. 860, effective October 1, 2008.

The 2015 amendments.

The 2015 amendments by cc. 38 and 730, effective January 15, 2018, are identical, and substituted “Virginia Alcoholic Beverage Control Authority” for “Alcoholic Beverage Control Board.”

§ 2.2-510. Employment of special counsel generally.

No special counsel shall be employed for or by the Governor or any state department, institution, division, commission, board, bureau, agency, entity, official, justice of the Supreme Court, or judge of any circuit court or district court except in the following cases:

  1. When the Governor determines that, because of the nature of the legal service to be performed, the Attorney General’s office is unable to render such service, then the Governor shall issue an exemption order stating with particularity the facts and reasons leading to the conclusion that the Attorney General’s office is unable to render such service. The Governor may then employ special counsel to render such service as he may deem necessary and proper. The compensation for such special counsel shall be paid out of the funds appropriated for the administration of the board, commission, division, or department to be represented or whose members, officers, inspectors, investigators, or other employees are to be represented pursuant to this section.
  2. In cases of legal services in civil matters to be performed for the Commonwealth, where it is impracticable or uneconomical for the Attorney General to render such service, he may employ special counsel whose compensation shall be paid out of the appropriation for the Attorney General’s office.
  3. In cases of legal services in civil matters to be performed for any state department, institution, division, commission, board, bureau, agency, entity, official, member of the General Assembly, justice of the Supreme Court, or judge of any circuit court or district court where it is impracticable or uneconomical for the Attorney General’s office to render such service, special counsel may be employed but only as set forth in subsection C of § 2.2-507 , upon the written recommendation of the Attorney General, who shall approve all requisitions drawn upon the Comptroller for warrants as compensation for such special counsel before the Comptroller shall have authority to issue such warrants.
  4. In cases where the Attorney General certifies to the Governor that he is unable to render certain legal services, the Governor may employ special counsel or other assistance to render such services as may be necessary.

History. Code 1950, § 2-88; 1966, c. 677, § 2.1-122; 1975, c. 372; 1976, c. 726; 2001, c. 844; 2002, c. 572; 2007, c. 248; 2012, c. 847; 2014, c. 824; 2019, c. 357.

Editor’s note.

Acts 2012, c. 847, cl. 3, as amended by Acts 2013, c. 571, provides: “That the provisions of this act amending §§ 2.2-510 , 37.2-304 , and 37.2-709 of the Code of Virginia shall be effective on January 1, 2014.”

Acts 2012, c. 847, cl. 4 provides: “That the Director of the Virginia Office for Protection and Advocacy shall, together with the Secretary of Health and Human Resources or his designee, develop a plan for implementation of the provisions of this act and shall report on such plan to the Governor and the General Assembly no later than December 1, 2013.”

Acts 2012, c. 847, cl. 5 provides: “That any regulations adopted by the Board for Protection and Advocacy being abolished by the first enactment of this act that are in effect before January 1, 2014, are hereby repealed as of that date. The Registrar of Regulations shall take appropriate administrative action to effect the repeal of the regulations in the Virginia Administrative Code.”

Acts 2013, c. 571, cl. 4 provides: “That not later than January 1, 2014, the nonprofit organization established pursuant to § 51.5-39.13 of the Code of Virginia shall be deemed the successor in interest to all functions of the Virginia Office for Protection and Advocacy abolished pursuant to Chapter 847 of the Acts of Assembly of 2012; all rights, duties, and obligations created by a contract, memorandum of understanding, or other agreement of the Virginia Office for Protection and Advocacy abolished pursuant to Chapter 847 of the Acts of Assembly of 2012 and any actions taken on behalf of the Virginia Office for Protection and Advocacy abolished pursuant to Chapter 847 of the Acts of Assembly of 2012 shall be transferred to and taken as standing in the name of the nonprofit organization established pursuant to § 51.5-39.13 of the Code of Virginia.”

Acts 2013, c. 571, cl. 5 provides: “That not later than January 1, 2014, the nonprofit organization established pursuant to § 51.5-39.13 of the Code of Virginia shall be deemed the successor in interest to the Virginia Office for Protection and Advocacy abolished pursuant to Chapter 847 of the Acts of Assembly of 2012, to the extent that such Chapter transferred powers and duties from the Virginia Office for Protection and Advocacy to the nonprofit organization established pursuant to § 51.5-39.13 of the Code of Virginia. All right, title, and interest in and to any tangible property vested in the Virginia Office for Protection and Advocacy shall be transferred to and taken as standing in the name of the nonprofit organization established pursuant to § 51.5-39.13 of the Code of Virginia.”

Acts 2013, c. 571, cl. 6 provides: “That the Governor may transfer an appropriation equal to the amount of any cash balance remaining in any account used by the Virginia Office for Protection and Advocacy abolished pursuant to Chapter 847 of the Acts of Assembly of 2012 to the nonprofit organization established pursuant to § 51.5-39.13 of the Code of Virginia to support the changes in organization required by and resulting from Chapter 847 of the Acts of Assembly of 2012.”

Acts 2013, c. 571, cl. 7 provides: “That the Governor may transfer any financial records and personnel records of the Virginia Office for Protection and Advocacy abolished pursuant to Chapter 847 of the Acts of Assembly of 2012 to the nonprofit organization established pursuant to § 51.5-39.13 of the Code of Virginia to support the changes in organization required by and resulting from Chapter 847 of the Acts of Assembly of 2012.”

Acts 2013, c. 571, cl. 8 provides: “That the Virginia Office for Protection and Advocacy and the nonprofit organization established pursuant to § 51.5-39.13 of the Code of Virginia shall enter into an agreement for the transfer of positions and property pursuant to this act prior to January 1, 2014.”

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item 284 D, effective for the biennium ending June 30, 2022, provides: “Notwithstanding the provisions of §§ 2.2-507 and 2.2-510 , when the Tax Commissioner determines that an issue may have a major impact on tax policies, revenues or expenditures, he may request that the Attorney General appoint special counsel to render such assistance or representation as needed. The compensation for such special counsel shall be paid out of the funds appropriated for the administration of the Department of Taxation.”

At the direction of the Virginia Code Commission, substituted “subsection C of § 2.2-507 ” for “subsection D of § 2.2-507 ” in subdivision 3.

The 2002 amendments.

The 2002 amendment by c. 572 added subdivision 5.

The 2007 amendments.

The 2007 amendment by c. 248, rewrote subdivision 1, which read: “Where because of the nature of the service to be performed, the Attorney General’s office is unable to render such service, the Governor after issuing an exemption order stating with particularity the facts and reasons upon which he bases his conclusion that the Attorney General’s office is unable to render such service, may employ special counsel to render such service as the Governor may deem necessary and proper” and inserted “as set forth in subsection C of § 2.2-507 ” in subdivision 3.

The 2012 amendments.

The 2012 amendment by c. 847, effective January 1, 2014, deleted former subdivision 5, which read: “In cases of legal services in civil matters to be performed by the Virginia Office for Protection and Advocacy pursuant to Chapter 8.1 (§ 51.5-39.1 et seq.) of Title 51.5.”

The 2014 amendments.

The 2014 amendment by c. 824 deleted “it would be improper for the Attorney General’s office to render legal services due to a conflict of interests, or that” following “certifies to the Governor that” in subdivision 4.

The 2019 amendments.

The 2019 amendment by c. 357 inserted “member of the General Assembly” in subdivision 3.

Law Review.

For annual survey commentary, “Constitutional Crisis in the Commonwealth: Resolving the Conflict between Governors and Attorney General,” see 41 U. Rich. L. Rev. 43 (2006).

For annual survey of Virginia law article, “Administrative Law,” see 47 U. Rich. L. Rev. 7 (2012).

CASE NOTES

Virginia Office for Protection and Advocacy. —

Where the Virginia Office for Protection and Advocacy sued a state official, alleging that a refusal to produce records violated the Developmental Disabilities Assistance and Bill of Rights Act of 2000 and Protection and Advocacy for Individuals with Mental Illness Act, the Ex parte Young exception to sovereign immunity applied because, inter alia, the suit satisfied the straightforward inquiry and sought prospective relief, and state law created the agency and gave it the power to sue state officials. Va. Office for Prot. & Advocacy v. Stewart, 563 U.S. 247, 131 S. Ct. 1632, 179 L. Ed. 2d 675, 2011 U.S. LEXIS 3186 (2011).

§ 2.2-510.1. Open negotiation for employment of special counsel.

No state agency or state agent shall enter into a contingency fee contract for legal services in which contingency fees and expenses are reasonably anticipated to exceed $100,000 until an open and competitive negotiation process has been undertaken in accordance with the provisions of the Public Procurement Act (§ 2.2-4300 et seq.), applied mutatis mutandis. The contract shall be awarded to the attorney or firm that submits the most competitive proposal to provide such services considering the cost of the services, the qualifications of the attorney or firm to provide the services, the experience of the attorney or firm with similar legal matters, legal expertise generally, and such other relevant factors as may be identified by the Attorney General.

The provisions of this section shall not apply to any contracts for legal fees entered into pursuant to § 2.2-507 for the purpose of implementing the Virginia Debt Collection Act (§ 2.2-4800 et seq.).

History. 2002, c. 196.

Editor’s note.

Acts 2002, c. 196, cl. 2, provides: “That the provisions of this act shall not apply to any contracts for legal services entered into prior to the effective date of this act, nor shall the provisions of this act affect renewals of any such contracts.”

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item § 4-5.02 a 4, effective for the biennium ending June 30, 2022, provides: “Notwithstanding § 2.2-510.1 of the Code of Virginia and any other conflicting provision of law, the Virginia Retirement System may enter into agreements to seek i) recovery of investment losses in foreign jurisdictions, and ii) legal advice related to its investments. Any such agreements shall be reported to the Office of the Attorney General as soon as practicable.”

§ 2.2-510.2. Employment of outside counsel where a conflict of interests exists.

In cases where the Attorney General certifies to the Governor that it would be improper for the Attorney General’s office to render legal services due to a conflict of interests, the Attorney General shall negotiate an agreement with outside counsel to render the necessary legal services for the matter. The agreement shall include a reasonable fee for the necessary legal services rendered. Compensation shall be expended from funds appropriated to the Attorney General’s office.

History. 2014, c. 824.

§ 2.2-511. Criminal cases.

  1. Unless specifically requested by the Governor to do so, the Attorney General shall have no authority to institute or conduct criminal prosecutions in the circuit courts of the Commonwealth except in cases involving (i) violations of the Alcoholic Beverage Control Act (§ 4.1-100 et seq.), (ii) violation of laws relating to elections and the electoral process as provided in § 24.2-104 , (iii) violation of laws relating to motor vehicles and their operation, (iv) the handling of funds by a state bureau, institution, commission or department, (v) the theft of state property, (vi) violation of the criminal laws involving child pornography and sexually explicit visual material involving children, (vii) the practice of law without being duly authorized or licensed or the illegal practice of law, (viii) violations of § 3.2-4212 or 58.1-1008.2 , (ix) with the concurrence of the local attorney for the Commonwealth, violations of the Virginia Computer Crimes Act (§ 18.2-152.1 et seq.), (x) with the concurrence of the local attorney for the Commonwealth, violations of the Air Pollution Control Law (§ 10.1-1300 et seq.), the Virginia Waste Management Act (§ 10.1-1400 et seq.), and the State Water Control Law (§ 62.1-44.2 et seq.), (xi) with the concurrence of the local attorney for the Commonwealth, violations of Chapters 2 (§ 18.2-18 et seq.), 3 (§ 18.2-22 et seq.), and 10 (§ 18.2-434 et seq.) of Title 18.2, if such crimes relate to violations of law listed in clause (x) of this subsection, (xii) with the concurrence of the local attorney for the Commonwealth, criminal violations by Medicaid providers or their employees in the course of doing business, or violations of Chapter 13 (§ 18.2-512 et seq.) of Title 18.2, in which cases the Attorney General may leave the prosecution to the local attorney for the Commonwealth, or he may institute proceedings by information, presentment or indictment, as appropriate, and conduct the same, (xiii) with the c