Va. Code Ann. § 2.2-402 — Virginia Code / Title 2.2 / Subtitle I / Part A / Chapter 4 / Article 1 / Section 2.2-402
Keeper of seals of Commonwealth; duties generally
Status: in_force

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

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 .
Va. Code Ann. § 2.2-1174 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 11 / Article 7 / Section 2.2-1174
Vehicles assigned to the centralized fleet
Status: in_force

Passenger-type vehicles purchased with public funds by any department, agency, institution, or commission of the Commonwealth, or any officer or employee on behalf of the Commonwealth, shall be assigned to the centralized fleet with the following exceptions:

1. Vehicles that have special equipment or performance requirements related to use by law-enforcement officers;

2. Vehicles for use by any elected official of the people of the Commonwealth; and

3. Such other special category of vehicles as may be excepted by the Director.

1989, c. 479, § 33.1-401; 2001, cc. 815 , 842 , § 2.1-548.02.
Va. Code Ann. § 2.2-4508 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 45 / Section 2.2-4508
Investment of certain public moneys in certain mutual funds
Status: in_force

Notwithstanding any provision of law to the contrary, the Commonwealth, all public officers, municipal corporations, other political subdivisions and all other public bodies of the Commonwealth may invest any and all moneys belonging to them or within their control, other than sinking funds that are governed by the provisions of § 2.2-4500 , in one or more open-end investment funds, provided that the funds are registered under the Securities Act (§ 13.1-501 et seq.) of the Commonwealth or the Federal Investment Co. Act of 1940, and that the investments by such funds are restricted to investments otherwise permitted by law for political subdivisions as set forth in this chapter, or investments in other such funds whose portfolios are so restricted.

1986, c. 170, § 2.1-328.9; 1988, c. 834; 1996, c. 508 ; 2001, c. 844 .
Va. Code Ann. § 2.2-1175 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 11 / Article 7 / Section 2.2-1175
Responsibilities of Director
Status: in_force

The Director shall establish an appropriate administrative unit within the Department to manage the centralized fleet. The Director's responsibilities for the centralized fleet shall include, but not be limited to, the following:

1. Administering the assignment of vehicles to officers and employees of the Commonwealth;

2. Managing a pool of vehicles for short-term use;

3. Purchasing vehicles necessary to the operation of the centralized fleet;

4. Repairing and maintaining vehicles;

5. Monitoring the use of vehicles and enforcing guidance documents regarding their proper use; and

6. Maintaining records related to the operation and maintenance of vehicles, and the administration of the centralized fleet.

1989, c. 479, § 33.1-402; 2001, cc. 815 , 842 , § 2.1-548.03; 2013, c. 485 .
Va. Code Ann. § 2.2-810 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 8 / Article 1 / Section 2.2-810
Judges and clerks to certify to Supreme Court lists of all allowances made by courts
Status: in_force

The judge of every court of the Commonwealth making an allowance for the payment of any sum out of the state treasury shall certify to the Supreme Court a list of all allowances at least monthly, the date of the making and the amount of such allowance, and to whom made. A certificate of all allowances made by such court shall be made up by the clerk of the court and forwarded to the Supreme Court. The form of the certificate shall be prescribed by the Supreme Court, and it shall be made on blanks prepared by them and furnished the judges and clerks of the several courts of the Commonwealth. The Comptroller shall not draw any warrant on the State Treasurer in satisfaction of any allowance made by any court of the Commonwealth until the Supreme Court has received notification of the allowance by the court of the claim and approved the allowance for payment.

Code 1950, § 2-172; 1966, c. 677, § 2.1-204; 1978, c. 195; 1979, c. 509; 2001, c. 844 .
Va. Code Ann. § 2.2-606 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 6 / Article 1 / Section 2.2-606
Consideration of certain issues in policy development
Status: in_force

In the formulation and implementation of policies and regulations, each department and division of the executive branch and those boards affiliated with a state agency within the executive branch of state government shall consider the impact of the policies and regulations on family formation, stability, and autonomy. This section shall not be construed to confer a right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Commonwealth, its agencies, officers, or any other person.

1995, c. 530 , § 2.1-7.2; 2001, c. 844 .
Va. Code Ann. § 2.2-4350 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 43 / Article 4 / Section 2.2-4350
Prompt payment of bills by state agencies
Status: in_force

A. Every state agency that acquires goods or services, or conducts any other type of contractual business with nongovernmental, privately owned enterprises shall promptly pay for the completely delivered goods or services by the required payment date.

Payment shall be deemed to have been made when offset proceedings have been instituted, as authorized under the Virginia Debt Collection Act (§ 2.2-4800 et seq.).

B. Separate payment dates may be specified for contracts under which goods or services are provided in a series of partial deliveries or executions to the extent that such contract provides for separate payment for such partial delivery or execution.

1984, c. 736, §§ 11-62.2, 11-62.3; 1992, c. 75; 2001, c. 844 .
Va. Code Ann. § 2.2-116 — Virginia Code / Title 2.2 / Subtitle I / Part A / Chapter 1 / Article 1 / Section 2.2-116
Service on board of national tobacco trust entity
Status: in_force

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.

2000, c. 1048 , § 2.1-41.3; 2001, c. 844 .
Va. Code Ann. § 2.2-436 — Virginia Code / Title 2.2 / Subtitle I / Part A / Chapter 4.3 / Section 2.2-436
Approval of electronic identity standards
Status: in_force

A. 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 .

B. 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.

2015, cc. 482 , 483 ; 2017, c. 488 ; 2020, c. 738 ; 2021, Sp. Sess. I, c. 258 .
Va. Code Ann. § 2.2-1108 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 11 / Article 2 / Section 2.2-1108
Disposal of certain other property
Status: in_force

Personal property, including drugs, not subject to be disposed of under § 2.2-1107 , which has been submitted to the Division for analysis or examination and that has not been reclaimed by the agency submitting the property for analysis or examination, may be disposed of by the Division in accordance with this section if, after the expiration of 120 days after the receipt by the Division of the property, (i) the Director notifies the circuit court of the county or city from which the property was taken, in writing, that the analysis or examination has been completed and (ii) a report is given to the submitting agency that the property has not been reclaimed by the agency and the Division proposes to dispose of the property. The notice shall state the nature and quantity of the property, the location where seized, the name of the accused, if known, and the proposed method of disposing of the property. When the ownership of the property is known, a copy of the notice shall be sent simultaneously with the notice to the court to the owner, or, if any criminal charge is pending in any court relating to the property, the copy shall be sent to the accused at his last known address. Notice shall be by certified mail. The court, within thirty days after receipt of the notice, may direct that the property be disposed of by the Division by an alternative method designed to preserve the property, at the expense of the agency submitting the property to the Division. If the court does not so direct within such thirty-day period, then the Division may dispose of the property by the method set out in the notice. Copies of the analysis report and notice shall be made a part of the record of any criminal prosecution. The report, if sworn to, shall be admissible as evidence to the same extent as the disposed of property would have been admissible.

1978, c. 317, § 2.1-432.1; 1990, c. 825; 2001, c. 844 .
Va. Code Ann. § 2.2-3300 — Virginia Code / Title 2.2 / Subtitle II / Part A / Chapter 33 / Section 2.2-3300
Legal holidays
Status: in_force

It is the policy of the Commonwealth to fix and set aside certain days in the calendar year as legal holidays for the people of Virginia. In each year, the following days are designated as legal holidays:

January 1 — New Year's Day.

The third Monday in January — Martin Luther King, Jr., Day to honor Martin Luther King, Jr., (1929-1968), defender of causes.

The third Monday in February — George Washington Day to honor George Washington (1732-1799), the first President of the United States.

The last Monday in May — Memorial Day to honor all persons who made the supreme sacrifice in giving their lives in defense of Virginia and the United States in the following wars and engagements and otherwise: Indian Uprising (1622), French and Indian Wars (1754-1763), Revolutionary War (1775-1783), War of 1812 (1812-1815), Mexican War (1846-1848), Civil War (1861-1865), Spanish-American War (1898), World War I (1917-1918), World War II (1941-1945), Korean War (1950-1953), Vietnam War (1965-1973), Operation Desert Shield-Desert Storm (1990-1991), Global War on Terrorism (2000- ), Operation Enduring Freedom (2001- ), and Operation Iraqi Freedom (2003- ). On this day all flags, national, state, and local, shall be flown at half-staff or half-mast to honor and acknowledge respect for those who made the supreme sacrifice.

June 19 — Juneteenth to commemorate the announcement of the abolition of slavery in Texas, the last of the former Confederate States of America to abolish slavery, and to recognize the significant roles and many contributions of African Americans to the Commonwealth and the nation.

July 4 — Independence Day to honor the signing of the Declaration of Independence.

The first Monday in September — Labor Day to honor all people who work in Virginia.

The second Monday in October — Columbus Day and Yorktown Victory Day to honor Christopher Columbus (1451-1506), a discoverer of the Americas, and the final victory at Yorktown on October 19, 1781, in the Revolutionary War.

The Tuesday following the first Monday in November — Election Day for the right of citizens of a free society to exercise the right to vote.

November 11 — Veterans Day to honor all persons who served in the Armed Forces of Virginia and the United States in the following wars and engagements and otherwise: Indian Uprising (1622), French and Indian Wars (1754-1763), Revolutionary War (1775-1783), War of 1812 (1812-1815), Mexican War (1846-1848), Civil War (1861-1865), Spanish American War (1898), World War I (1917-1918), World War II (1941-1945), Korean War (1950-1953), Vietnam War (1965-1973), Operation Desert Shield-Desert Storm (1990-1991), Global War on Terrorism (2000- ), Operation Enduring Freedom (2001- ), and Operation Iraqi Freedom (2003- ).

The fourth Thursday in November and the Friday next following — Thanksgiving Day to honor and give thanks in each person's own manner for the blessings bestowed upon the people of Virginia and honoring the first Thanksgiving in 1619.

December 25 — Christmas Day.

Whenever any of such days falls on Saturday, the Friday next preceding such day, or whenever any of such days falls on Sunday, the Monday next following such day, and any day so appointed by the Governor of the Commonwealth or the President of the United States, shall be a legal holiday as to the transaction of all business.

Code 1950, § 2-19; 1954, c. 328; 1958, c. 167; 1966, c. 677, § 2.1-21; 1970, c. 682; 1972, c. 114; 1973, c. 421; 1978, c. 7; 1982, c. 325; 1984, c. 671; 1989, c. 190; 1992, c. 622; 1993, cc. 177, 872; 2000, cc. 392 , 454 ; 2001, c. 844 ; 2010, c. 860 ; 2020, cc. 417 , 418 ; 2020, Sp. Sess. I, cc. 4 , 5 .
Va. Code Ann. § 2.2-1800 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 18 / Article 1 / Section 2.2-1800
Department of the Treasury; State Treasurer
Status: in_force

A. There is created a Department of the Treasury ("the Department"), which shall be under the direct control and supervision of the State Treasurer. The State Treasurer shall be appointed by the Governor to serve at his pleasure or until a successor is appointed and qualified.

B. The State Treasurer shall, under the direction and control of the Governor, exercise the powers and perform the duties conferred or imposed by law upon him and shall perform such other duties as may be required by the Governor.

Code 1950, § 2-149; 1966, c. 677, § 2.1-177; 1971, Ex. Sess., c. 125; 1976, c. 728; 1984, c. 720; 2000, cc. 25 , 275 ; 2001, c. 844 .
Va. Code Ann. § 2.2-2448 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 24 / Article 17 / Section 2.2-2448
Virginia-Asian Advisory Board established; purpose
Status: in_force

The Virginia-Asian Advisory Board (the Board) is hereby established as an advisory board within the meaning of § 2.2-2100 in the executive branch of state government. The purpose of the Board shall be to advise the Governor on ways to improve economic and cultural links between the Commonwealth and Asian nations, with a focus on the areas of commerce and trade, art and education, and general government, and on issues affecting the Asian-American communities in the Commonwealth.

2001, c. 566 , § 9-400; 2004, cc. 971 , 1005 .
Va. Code Ann. § 2.2-206.3 — Virginia Code / Title 2.2 / Subtitle I / Part A / Chapter 2 / Article 3 / Section 2.2-206.3
Additional duties of the Secretary; advancement of technology
Status: in_force

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.

2020, c. 738 .
Va. Code Ann. § 2.2-4902 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 49 / Section 2.2-4902
Ratings of bonds issued by governmental instrumentalities
Status: in_force

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

"Bond" means any bonds, refunding bonds, notes, debentures, interim certificates, or any bond, grant, revenue anticipation notes or any other evidences of indebtedness, whether in temporary or definitive form and whether or not the interest thereon is exempt from federal taxation.

"Governmental instrumentality" means each department, institution, commission, public corporate instrumentality, or agency of the Commonwealth, including the Commonwealth itself, and each political subdivision thereof, including but without limitation each public authority and district and each county, city or town and each instrumentality thereof which under law has the power to issue bonds.

B. Notwithstanding any provision contained in any general or special law or in any charter of any county, city or town of the Commonwealth, any rating of bonds issued by a governmental instrumentality shall be provided by a bond rating agency approved by the State Treasurer.

C. In addition to all of his other powers and duties, the State Treasurer shall prepare a list of approved bond rating agencies and upon request provide a copy thereof to all governmental instrumentalities.

1997, c. 381 , § 2.1-304.1:1; 2001, c. 844 .
Va. Code Ann. § 2.2-2037 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 20.2 / Article 1 / Section 2.2-2037
Powers and duties of Department
Status: in_force

The Department shall have the power and duty to:

1. Promulgate regulations necessary or incidental to the performance of duties or execution of powers conferred under this chapter.

2. Establish a mission, goals, and objectives for the Department that align with the purpose of this chapter, to create a unified system of workforce development for the Commonwealth.

3. Develop a strategy that shall inform and engage with the business and organized labor communities to coordinate the workforce development programs offered by the Department, identify labor market needs, and ensure alignment of the Department's offerings to the needs of employers and the needs of the Commonwealth.

4. Jointly with the State Council of Higher Education for Virginia develop and implement strategies, and collaborate with employers and higher education institutions, to grow and expand the Innovative Internship Program established pursuant to § 23.1-903.4 . The strategy shall include key measures of success and they shall jointly develop an annual progress report that shall include information on the number of students placed in internship programs, type of internship programs, and the number and type of participating employers. The report shall be delivered to the General Assembly, the Secretary of Education, and the Secretary of Labor annually by September 30.

5. Regularly track metrics relating to workforce development programs and establish a mechanism to help assess the adequacy of Department services and programs.

6. Develop specific strategies or steps the Department will take to modify policies, procedures, or processes to ensure effective and efficient administration of workforce development programs.

7. Develop a strategy for clearly communicating to customers changes to key workforce development programs.

8. Develop a strategy for clearly communicating important workforce development program information to Department staff, the public, and the General Assembly.

9. Identify other tactical actions to be taken to ensure the continuity of workforce development programs and customer service.

2023, cc. 624 , 625 .
Va. Code Ann. § 2.2-1842 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 18 / Article 5 / Section 2.2-1842
Sovereign immunity
Status: in_force

Although the provisions of this article are subject to those of Article 18.1 (§ 8.01-195.1 et seq.) of Chapter 3 of Title 8.01, nothing in this article shall be deemed an additional expressed or implied waiver of the Commonwealth's sovereign immunity.

1982, c. 318, § 2.1-526.11; 2000, cc. 618 , 632 , § 2.1-191.15; 2001, c. 844 .
Va. Code Ann. § 2.2-4700 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 47 / Section 2.2-4700
Authorization to Treasury Board to provide certain assistance
Status: in_force

A. This chapter shall be known, and may be cited, as the "Government Non-Arbitrage Investment Act."

B. The General Assembly authorizes the Treasury Board to make available to the Commonwealth, to counties, cities and towns in the Commonwealth, and to their agencies, institutions, and authorities or any combination of the foregoing assistance as provided in this chapter in making and accounting for such investments.

1988, c. 498, § 2.1-234.9:1; 1990, c. 516; 1991, c. 245; 2001, c. 844 .
Va. Code Ann. § 2.2-2737 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 27 / Article 10 / Section 2.2-2737
Staffing
Status: in_force

The Department of Housing and Community Development shall provide additional staff support to the Foundation. All agencies of the Commonwealth shall provide assistance to the Foundation, upon request.

2011, cc. 521 , 548 .
Va. Code Ann. § 2.2-4337 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 43 / Article 2 / Section 2.2-4337
Performance and payment bonds
Status: in_force

A. Upon the award of any (i) nontransportation-related public construction contract exceeding $500,000 awarded to any prime contractor or (ii) transportation-related project authorized pursuant to Article 2 (§ 33.2-208 et seq.) of Chapter 2 of Title 33.2 exceeding $350,000 that is partially or wholly funded by the Commonwealth, the contractor shall furnish to the public body the following bonds:

1. A performance bond in the sum of the contract amount conditioned upon the faithful performance of the contract in strict conformity with the plans, specifications, and conditions of the contract, unless the contract is an indefinite delivery or quantity contract with a local public body and the local public body adopts an ordinance pursuant to subsection G.

2. A payment bond in the sum of the contract amount, unless the contract is an indefinite delivery or quantity contract with a local public body and the local public body adopts an ordinance pursuant to subsection G. The bond shall be for the protection of claimants who have and fulfill contracts to supply labor or materials to the prime contractor to whom the contract was awarded, or to any subcontractors, in furtherance of the work provided for in the contract, and shall be conditioned upon the prompt payment for all materials furnished or labor supplied or performed in the furtherance of the work.

B. Each of the bonds shall be executed by one or more surety companies selected by the contractor that are authorized to do business in Virginia.

C. If the public body is the Commonwealth, or any agency or institution thereof, the bonds shall be payable to the Commonwealth of Virginia, naming also the agency or institution thereof. Bonds required for the contracts of other public bodies shall be payable to such public body.

D. Each of the bonds shall be filed with the public body that awarded the contract, or a designated office or official thereof.

E. Nothing in this section shall preclude a public body from requiring payment or performance bonds for construction contracts below $500,000 for nontransportation-related projects or $350,000 for transportation-related projects authorized under Article 2 (§ 33.2-208 et seq.) of Chapter 2 of Title 33.2 and partially or wholly funded by the Commonwealth.

F. Nothing in this section shall preclude the contractor from requiring each subcontractor to furnish a payment bond with surety thereon in the sum of the full amount of the contract with such subcontractor conditioned upon the payment to all persons who have and fulfill contracts that are directly with the subcontractor for performing labor and furnishing materials in the prosecution of the work provided for in the subcontract.

G. For indefinite delivery or quantity contracts awarded pursuant to subsection A, any locality may by ordinance allow the contractor awarded such contract to furnish to the local public body a performance bond and a payment bond, each of which shall be equal to the dollar amount of the individual tasks identified in the underlying contract. Such contractor shall not be required to pay the performance bond and payment bond in the sum of the contract amount if the contracting locality has adopted such an ordinance pursuant to this subsection. For purposes of this section, "indefinite delivery or quantity contract" means a contract that only requires performance of contractual obligations upon the request of the locality and which establishes an annual cap for the total work that may be authorized for such contract.

1982, c. 647, § 11-58; 1984, c. 160; 2001, c. 844 ; 2002, cc. 556 , 643 , 682 ; 2006, cc. 694 , 925 ; 2011, c. 789 ; 2012, c. 783 ; 2017, c. 789 ; 2022, c. 565 ; 2023, c. 211 .
Va. Code Ann. § 2.2-2500 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 25 / Article 1 / Section 2.2-2500
Repealed
Status: repealed

Repealed by Acts 2003, c. 349 .
Va. Code Ann. § 2.2-2235.1 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 22 / Article 4 / Section 2.2-2235.1
Board of directors; members and officers; Chief Executive Officer
Status: in_force

A. The Authority shall be governed by a board of directors (the Board) consisting of the Secretary of Commerce and Trade, the Secretary of Finance, the Chairman of the Virginia Growth and Opportunity Board, the Executive Director of the Virginia Port Authority, and the Staff Directors of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations, serving as ex officio, voting members, and 11 voting members to be appointed as follows:

1. Seven nonlegislative citizen members appointed by the Governor; and

2. Four nonlegislative citizen members appointed by the Joint Rules Committee.

B. 1. Each of the nonlegislative citizen members appointed by the Governor and the Joint Rules Committee shall possess expertise in at least one of the following areas: marketing; international commerce; finance or grant administration; state, regional, or local economic development; measuring the effectiveness of incentive programs; law; information technology; transportation; workforce development; manufacturing; biotechnology; cybersecurity; defense; energy; or any other industry identified in the comprehensive economic development policy developed pursuant to § 2.2-205 .

2. Each of the nine regions defined by the Virginia Growth and Opportunity Board pursuant to subdivision A 1 of § 2.2-2486 shall be represented by at least one member of the Board. In determining such geographical representation, ex officio members of the Board may be considered to represent the region in which they serve in their official capacity.

C. After the initial staggering of terms, members shall serve terms of four years, except that ex officio members of the Board shall serve terms coincident with their terms of office. No member shall be eligible to serve more than two terms; however, after the expiration of the term of a member appointed to serve three years or less, two additional terms may be served if appointed thereto. Any appointment to fill a vacancy shall be for the unexpired term. A person appointed to fill a vacancy may be appointed to serve two additional terms. Nonlegislative citizen members of the Board shall be citizens of the Commonwealth.

D. Members of the Board shall receive such compensation for the performance of their duties as provided in § 2.2-2813 . All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825 . Funding for the costs of compensation and expenses of the members shall be provided by the Authority.

E. The Board shall be deemed a supervisory board within the meaning of § 2.2-2100 .

F. The Board shall elect a chairman from the nonlegislative citizen members of the Board, and the Secretary of Commerce and Trade shall serve as vice-chairman. The Board shall also elect a secretary and a treasurer, who need not be members of the Board, and may also elect other subordinate officers, who need not be members of the Board. The Chairman and the Vice-chairman, with approval by the Board, shall create an executive committee of the Board. The Board may also form advisory committees, which may include representatives who are not members of the Board, to undertake more extensive study and discussion of the issues before the Board.

G. A majority of the members shall constitute a quorum for the transaction of the Authority's business, and no vacancy in the membership shall impair the right of a quorum to exercise the rights and perform all duties of the Authority. The meetings of the Board shall be held at least quarterly or at the call of the chairman.

H. The Board shall appoint the chief executive officer of the Authority, who shall not be a member of the Board, whose title shall be President and Chief Executive Officer and may be referred to as the President or as the Chief Executive Officer and who shall serve at the pleasure of the Board and carry out such powers and duties conferred upon him by the Board.

2017, cc. 804 , 824 ; 2018, c. 829 .
Va. Code Ann. § 2.2-2652 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 26 / Article 19 / Section 2.2-2652
Repealed
Status: repealed

Repealed by Acts 2003, c. 452 .
Va. Code Ann. § 2.2-1173 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 11 / Article 7 / Section 2.2-1173
Definitions
Status: in_force

As used in this article:

"Centralized fleet" means those passenger-type vehicles assigned to the Department of General Services and available for use by state agencies.

"Contract rental" means a contract for the use of motor vehicles by employees for official state business within the confines of their normal work locations. This does not include rental vehicles used by travelers after reaching their destination.

"Director" means the Director of the Department of General Services.

"Lease" means a contract for the use of a passenger-type vehicle for a term of more than thirty days.

"Passenger-type vehicle" means any automobile, including sedans and station wagons, or van used primarily for the transportation of the operator and no more than fifteen passengers.

1989, c. 479, § 33.1-400; 1998, c. 329 ; 2001, cc. 815 , 842 , § 2.1-548.01.
Va. Code Ann. § 2.2-4310.1 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 43 / Article 2 / Section 2.2-4310.1
Awards as a result of any authorized enhancement or remedial measure; requirements
Status: in_force

A. Any enhancement or remedial measure authorized by the Governor pursuant to subsection C of § 2.2-4310 for state public bodies shall include a provision that the procurement shall be conducted in accordance with such enhancement or remedial measure for businesses certified by the Department of Small Business and Supplier Diversity. If such enhancement or remedial measure provides for an award priority for such businesses, then the contract shall be awarded in accordance with such priority if such priority business participated in the solicitation and requirements are met. If an award is not made based on the foregoing, then the contract shall be awarded in accordance with the next award priority and so on until a contract is awarded based on the established award priority.

B. If an award is not made pursuant to subsection A, the procurement award may be made without regard to such enhancement or remedial measure.

2016, c. 681 .
Va. Code Ann. § 2.2-2236.1 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 22 / Article 4 / Section 2.2-2236.1
Internal auditor; duties
Status: in_force

A. The Board shall appoint an internal auditor, who shall not be a member of the Board and who shall report directly to the Board. The internal auditor shall have the following duties:

1. Perform periodic audits, as deemed advisable by the internal auditor, on any operations, accounts, and transactions of the Authority, including the Division of Incentives, and report its findings to the Board; and

2. Develop and implement an annual work plan that identifies anticipated auditing activities for the fiscal year. Prior to implementation, the work plan shall be presented by the auditor to the Board for approval by the executive committee of the Board at the last meeting of the executive committee in the fiscal year immediately preceding the year in which the annual work plan would become effective.

B. After review by the Board, a copy of the audit reports required by subsection A shall be submitted to the special subcommittee for economic development of the Joint Legislative Audit and Review Commission.

2017, cc. 804 , 824 .
Va. Code Ann. § 2.2-5207 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 52 / Section 2.2-5207
Family assessment and planning team; membership; immunity from liability
Status: in_force

Each community policy and management team shall establish and appoint one or more family assessment and planning teams as the needs of the community require. Each family assessment and planning team shall include representatives of the following community agencies who have authority to access services within their respective agencies: community services board established pursuant to § 37.2-501 , juvenile court services unit, department of social services, and local school division. Each family and planning team also shall include a parent representative and may include a representative of the department of health at the request of the chair of the local community policy and management team. Parent representatives who are employed by a public or private program that receives funds pursuant to this chapter or agencies represented on a family assessment and planning team may serve as a parent representative provided that parent representatives who are not employed by a public or private program that receives funds pursuant to this chapter or agencies represented on a family assessment and planning team are prioritized for participation where practicable. The family assessment and planning team may include a representative of a private organization or association of providers for children's or family services and of other public agencies.

Persons who serve on a family assessment and planning team shall be immune from any civil liability for decisions made about the appropriate services for a family or the proper placement or treatment of a child who comes before the team, unless it is proven that such person acted with malicious intent. Any person serving on such team who does not represent a public agency shall file a statement of economic interests as set out in § 2.2-3117 of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.). Persons representing public agencies shall file such statements if required to do so pursuant to the State and Local Government Conflict of Interests Act.

Persons serving on the team who are parent representatives or who represent private organizations or associations of providers for children's or family services shall abstain from decision-making involving individual cases or agencies in which they have either a personal interest, as defined in § 2.2-3101 of the State and Local Government Conflict of Interests Act, or a fiduciary interest.

1992, cc. 837, 880, § 2.1-753; 1995, c. 190 ; 1999, c. 644 ; 2001, c. 844 ; 2003, c. 483 ; 2022, cc. 418 , 419 .
Va. Code Ann. § 2.2-212 — Virginia Code / Title 2.2 / Subtitle I / Part A / Chapter 2 / Article 6 / Section 2.2-212
Position established; agencies for which responsible; additional powers
Status: in_force

A. 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.

B. 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.

C. 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.

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 .
Va. Code Ann. § 2.2-2699.7 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 26 / Article 35 / Section 2.2-2699.7
Repealed
Status: repealed

Repealed by Acts 2022, cc. 260 , 261 .
Va. Code Ann. § 2.2-2217 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 22 / Article 2 / Section 2.2-2217
Conveyance, lease or transfer of property by a city or county to the Authority
Status: in_force

Any city or county within the Commonwealth in order to provide for the construction, reconstruction, improvement, repair or management of any project, or in order to accomplish any of the purposes of this article may, with or without consideration or for a nominal consideration, lease, sell, convey or otherwise transfer to the Authority any real, personal or mixed property located within such city or county.

1995, c. 758 , § 9-266.14; 2001, c. 844 .
Va. Code Ann. § 2.2-2809 — Virginia Code / Title 2.2 / Subtitle I / Part E / Chapter 28 / Section 2.2-2809
Bonds of certain officers required; condition
Status: in_force

Certain officers designated by the Governor shall be bonded in accordance with § 2.2-1840 . The bond shall be conditioned upon the faithful discharge of the duties of his office.

1980, c. 119, § 2.1-11.1; 2001, c. 844 ; 2021, Sp. Sess. I, c. 152 .
Va. Code Ann. § 2.2-2457 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 24 / Article 20 / Section 2.2-2457
Repealed
Status: repealed

Repealed by Acts 2010, cc. 136 and 145 , cl. 2, effective March 11, 2010.
Va. Code Ann. § 2.2-2220.1 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 22 / Article 3 / Section 2.2-2220.1
Repealed
Status: repealed

Repealed by Acts 2020, cc. 1164 and 1169 , cl. 2.
Va. Code Ann. § 2.2-4302.3 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 43 / Article 1 / Section 2.2-4302.3
(Effective July 1, 2027) Additional public works contract requirements
Status: in_force

A. For purposes of this section, "construction contract" means any public contract for construction initiated after July 1, 2027.

B. For any construction contract, a public body shall require the contractor and its subcontractors at any tier to demonstrate compliance with the following requirements:

1. Completion of specified safety training programs established by the U.S. Department of Labor's Occupational Safety and Health Administration; and

2. Demonstration of no more than one administrative determination, arbitral award, civil judgment, or settlement agreement of more than $25,000 in the past three years involving the contractor or subcontractor for violations of the National Labor Relations Act, 29 U.S.C. § 151 et seq.; the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; the federal Davis-Bacon Act, 40 U.S.C. § 3141, or Davis-Bacon Related Acts; the Virginia Minimum Wage Act (§ 40.1-28.8 et seq.); Article 2 (§ 40.1-29 et seq.) of Chapter 3 of Title 40.1; the provisions of § 2.2-4321.3 ; or the provisions of § 40.1-28.7:7 .

C. If a construction contract with a state public body is valued at an amount greater than $5 million, no contractor, subcontractor, or party to such contract shall provide remuneration to more than one independent contractor for each contractor, subcontractor, or party to such contract for the performance of construction work on such contract unless the prime contractor receives written authorization from the state public body.

Such written authorization shall disclose that the state public body finds that:

1. The remunerating party demonstrated a good faith effort to directly hire employees to perform the work sought;

2. The remunerating party demonstrated that it was not feasible to directly hire employees to perform the work sought due to the work being of a specialized nature that cannot be performed by the remunerating party's own workforce, and it would require significant investment of time and resources on the part of the remunerating party to directly hire employees to perform the work sought; and

3. The remunerating party has provided adequate notice to all independent contractors pursuant to subsection F.

No state public body shall be liable for any determination made by such body in response to a request for authorization pursuant to this subsection. An authorization from a state public body pursuant to this subsection shall not be considered a defense by a contractor against any violation of law.

D. If a construction contract with a local public body is valued at an amount greater than $5 million, the prime contractor shall provide written notification to the local public body party to such contract:

1. Detailing information on any independent contractors hired by any contractor, subcontractor, or party to the construction contract. Such information shall include the independent contractor's trade and at least one point of contact;

2. Demonstrating compliance to the requirements of remunerating parties pursuant to subdivisions C1, C2, and C3.

E. Nothing in subsection C or D shall be construed as limiting a contractor's right to subcontract work to a bona fide firm that performs work on a construction contract with its own employees and that otherwise complies with the provisions of this section.

F. If a contractor, subcontractor, or any party on a construction contract provides remuneration to an independent contractor, such remunerating party shall provide a written notice to each such independent contractor that contains the following information:

1. Notification to the individual that he has been hired as an independent contractor;

2. A statement by the remunerating party that the independent contractor will perform work free from control of the remunerating party except as to the product and result;

3. Notification regarding the independent contractor's tax obligations, including the filing of self-employment income tax with the U.S. Internal Revenue Service;

4. Notification that the individual's classification as an independent contractor means that he is not eligible for protection under protective laws, including employment discrimination and anti-retaliation laws, occupational safety and health laws, living wage and prevailing wage laws, and wage and hour laws;

5. Notification that, if the independent contractor hires employees to perform work, the independent contractor or exempt person is responsible as an employer for all tax, unemployment insurance, workers' compensation insurance, and labor and employment law obligations on behalf of those employees;

6. Notification that the independent contractor is obligated to provide a written notice containing the information in this subsection to independent contractors or exempt persons with whom they contract;

7. Notification that the individual is required to provide copies of any licenses or registrations issued to the individual related to the work to be performed;

8. Instructions for filing a complaint with the Department of Labor and Industry if the individual is being misclassified; and

9. A detailed statement of the work to be performed by the independent contractor or exempt person or the appropriate provisions of the contract between the parties, which shall be attached to the notice.

G. The provisions of this section shall not apply to transportation-related construction projects.

2026, cc. 1002 , 1088 .
Va. Code Ann. § 2.2-445 — Virginia Code / Title 2.2 / Subtitle I / Part A / Chapter 4.4 / Section 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
Status: in_force

A. The Department or local department, a children's residential facility, and a child-placing agency shall do all of the following:

1. Upon the Ombudsman's request, grant the Ombudsman or the Office access to all information, records, and documents in the possession of the Department or local department, children's residential facility, or child-placing agency that the Ombudsman considers relevant and necessary in an investigation.

2. Assist the Ombudsman or the Office to obtain the necessary releases of those documents that are specifically restricted.

3. Upon the Ombudsman's request, provide the Ombudsman or the Office with progress reports concerning the administrative processing of a complaint.

4. Upon the Ombudsman's request, provide the Ombudsman or the Office 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.

5. Upon the Ombudsman's request, grant access and provide consent to interview children in foster care who are the subject of or the complainant in an investigation.

B. The Department or local department, a children's residential facility, and a child-placing agency shall provide the Office's contact information along with information regarding the provisions of this chapter to a biological parent, prospective adoptive parent, or foster parent.

The Department or local department, a children's residential facility, and a child-placing agency shall also provide the Office's contact information along with information regarding the provisions of this chapter to any child in foster care age 12 or older upon the opening of a foster care case for such child. If a child turns the age of 12 while in foster care, such child shall be provided the information required by this paragraph on or about his twelfth birthday. Each such child shall receive such required notification annually as long as such child remains in foster care.

C. The Ombudsman and the Office 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.

2020, c. 1090 ; 2023, c. 750 ; 2024, c. 280 ; 2025, cc. 200 , 223 .
Va. Code Ann. § 2.2-214 — Virginia Code / Title 2.2 / Subtitle I / Part A / Chapter 2 / Article 6 / Section 2.2-214
Responsibility of certain agencies within the Secretariat; review of regulations
Status: in_force

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.

1989, c. 613, § 2.1-51.14:1; 1992, c. 755; 2001, c. 844 ; 2009, cc. 813 , 840 ; 2012, cc. 803 , 835 .
Va. Code Ann. § 2.2-2808 — Virginia Code / Title 2.2 / Subtitle I / Part E / Chapter 28 / Section 2.2-2808
Acts under color of office; contracts in violation of chapter
Status: in_force

All judgments given, and all acts executed or done by any person by authority or color of any office or post, or the deputation thereof, before his removal therefrom, shall be as valid as they would be if this chapter had not been enacted; but every contract or security made or obtained in violation of this chapter shall be void.

Code 1950, § 2-33; 1966, c. 677, § 2.1-37; 2001, c. 844 .
Va. Code Ann. § 2.2-521 — Virginia Code / Title 2.2 / Subtitle I / Part B / Chapter 5 / Article 4 / Section 2.2-521
Procedure for issuance of subpoena duces tecum
Status: in_force

Whenever the Attorney General has reasonable cause to believe that any person has engaged in or is engaging in any unlawful discriminatory practice, he may apply to the judge of the circuit court of the jurisdiction in which the respondent resides or is doing business for a subpoena duces tecum against any person refusing to produce such data and information. The judge of the court, upon good cause shown, may cause the subpoena to be issued. Any person failing to comply with such subpoena shall be subject to punishment for contempt by the court issuing the subpoena. For purposes of this section, "person" includes any individual, partnership, corporation, association, legal representative, mutual company, joint stock company, trust, unincorporated organization, employee, employer, employment agency, labor organization, joint labor-management committee, or an agent thereof.

1987, c. 581, § 2.1-721; 2000, c. 64 ; 2001, c. 844 , § 2.2-2635; 2012, cc. 803 , 835 .
Va. Code Ann. § 2.2-1822.1 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 18 / Article 3 / Section 2.2-1822.1
Recovery audits of state contracts
Status: in_force

The Department of Accounts shall procure the services of one or more private contractors, in accordance with the Virginia Public Procurement Act (§ 2.2-4300 et seq.), to conduct systematic recovery audits of state agency contracts. Such recovery audit contracts shall be performance-based and shall contain a provision that authorizes the contractor to be paid a percentage of any payment error that is recovered by such contractor. Individual recovery audits shall consist of the review of contracts to identify payment errors made by state agencies to vendors and other entities resulting from (i) duplicate payments, (ii) invoice errors, (iii) failure to apply applicable discounts, rebates, or other allowances, or (iv) any other errors resulting in inaccurate payments. The Department of Accounts shall report on the status and effectiveness of recovery audits, including any savings realized, to the Chairs of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations by January 1 of each year.

2004, c. 644 ; 2005, c. 109 .
Va. Code Ann. § 2.2-2902.1 — Virginia Code / Title 2.2 / Subtitle I / Part E / Chapter 29 / Section 2.2-2902.1
Rights of state employees to contact elected officials
Status: in_force

Nothing in this chapter or Chapter 12 (§ 2.2-1200 et seq.) of this title shall be construed to prohibit or otherwise restrict the right of any state employee to express opinions to state or local elected officials on matters of public concern, nor shall a state employee be subject to acts of retaliation because the employee has expressed such opinions.

For the purposes of this section "matters of public concern" means those matters of interest to the community as a whole, whether for social, political, or other reasons and shall include discussions that disclose any (i) evidence of corruption, impropriety, or other malfeasance on the part of government officials; (ii) violations of law; or (iii) incidence of fraud, abuse, or gross mismanagement.

2005, c. 483 .
Va. Code Ann. § 2.2-2424 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 24 / Article 11 / Section 2.2-2424
Repealed
Status: repealed

Repealed by 2018, c. 697 , cl. 2.
Va. Code Ann. § 2.2-2506 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 25 / Article 3 / Section 2.2-2506
Repealed
Status: repealed

Repealed by Acts 2004, cc. 34 , 155 .
Va. Code Ann. § 2.2-2354 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 22 / Article 11 / Section 2.2-2354
Powers and duties of the president
Status: in_force

The president shall employ or retain such agents or employees subordinate to the president as may be necessary to fulfill the duties of the Authority conferred upon the president, subject to the Board's approval. Employees of the Authority shall be eligible for membership in the Virginia Retirement System and participation in all of the health and related insurance and other benefits, including premium conversion and flexible benefits, available to state employees as provided by law. The president shall also exercise such of the powers and duties relating to the direction of the Commonwealth's research and commercialization efforts conferred upon the Authority as may be delegated to him by the Board, including powers and duties involving the exercise of discretion. The president shall also exercise and perform such other powers and duties as may be lawfully delegated to him or as may be conferred or imposed upon him by law.

2020, cc. 1164 , 1169 .
Va. Code Ann. § 2.2-2605 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 26 / Article 3 / Section 2.2-2605
Repealed
Status: repealed

Repealed by Acts 2003, c. 210 , cl. 1, effective July 1, 2004.
Va. Code Ann. § 2.2-4513 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 45 / Section 2.2-4513
Investments by transportation commissions
Status: in_force

Transportation commissions that provide rail service may invest in, if required as a condition to obtaining insurance, participate in, or purchase insurance provided by, foreign insurance companies that insure railroad operations.

1988, c. 834, § 2.1-328.12; 2001, c. 844 .
Va. Code Ann. § 2.2-2018.1 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 20.1 / Article 2 / Section 2.2-2018.1
Project and procurement investment business case approval
Status: in_force

A. Executive branch agencies shall obtain CIO approval prior to the initiation of any Commonwealth information technology project or procurement. When selecting an information technology investment, executive branch agencies and public institutions of higher education shall submit to the Division an investment business case, outlining the business value of the investment, the proposed technology solution, if known, and an explanation of how the project will support the agency strategic plan, the agency's secretariat's strategic plan, and the Commonwealth strategic plan for information technology developed and approved pursuant to subdivision A 3 of § 2.2-2007.1 . The Division may require the submission of additional information if needed to adequately review any such proposal.

B. The Division shall review each investment business case submitted in accordance with this section and recommend its approval or rejection to the CIO pursuant to the policies and procedures developed in § 2.2-2016.1 .

C. In accordance with policies and standards outlined in the Commonwealth Project Management Standard, the CIO shall review the business case for any Commonwealth information technology project or procurement and approve or disapprove.

2011, c. 739 ; 2015, c. 768 ; 2016, c. 296 .
Va. Code Ann. § 2.2-4117 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 41.1 / Section 2.2-4117
State agency promotion of dispute resolution proceedings
Status: in_force

A. Each state agency shall adopt a written policy that addresses the use of dispute resolution proceedings within the agency and for the agency's program and operations. The policy shall include, among other things, training for employees involved in implementing the agency's policy and the qualifications of a neutral to be used by the agency.

B. The head of each state agency shall designate an existing or new employee to be the dispute resolution coordinator of the agency. The duties of a dispute resolution coordinator may be collateral to those of an existing official.

C. Each state agency shall review its policies, procedures and regulations and shall determine whether and how to amend such policies, procedures and regulations to authorize and encourage the use of dispute resolution proceedings.

D. Any state agency may use the services of other agencies' employees as neutrals and an agency may allow its employees to serve as neutrals for other agencies as part of a neutral-sharing program.

E. This chapter does not supersede the provisions of subdivision 2 of § 2.2-1202.1 and subdivision B 4 of § 2.2-3000 , which require certain agencies to participate in the mediation program administered by the Department of Human Resource Management.

2002, c. 633 ; 2012, cc. 803 , 835 .
Va. Code Ann. § 2.2-2002.2 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 20 / Section 2.2-2002.2
Military Spouse Liaison; position created; duties; report
Status: in_force

A. There is created in the Department of Veterans Services the position of Military Spouse Liaison to conduct outreach and advocate on behalf of military spouses in the Commonwealth.

B. The Military Spouse Liaison shall:

1. Provide assistance and information to military spouses seeking professional licenses and credentials or other employment in the Commonwealth;

2. Coordinate research on issues facing military spouses and create informational materials to assist military spouses and their families;

3. Examine barriers and provide recommendations to assist military spouses in accessing high-quality child care and developing resources in coordination with military installations and the Department of Education to increase access to high-quality child care for military families;

4. Develop, in coordination with the Virginia Employment Commission and employers, a common form for military spouses to complete, highlighting specific skills, education, and training to help military spouses quickly find meaningful employment in relevant economic sectors; and

5. Perform any other duties or responsibilities assigned by the Commissioner.

2021, Sp. Sess. I, c. 309 ; 2023, cc. 246 , 247 .
Va. Code Ann. § 2.2-2295 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 22 / Article 7 / Section 2.2-2295
Regulations of the Authority
Status: in_force

Prior to carrying out the powers granted under §§ 2.2-2293 and 2.2-2294 , the Authority shall adopt rules and regulations governing its activities including but not limited to rules and regulations relating to the following:

1. Procedures for the submission of requests or invitations and proposals for making loans to lenders and the investment in, purchase, assignment and sale of loans;

2. The reinvestment by a lender of the proceeds, or an equivalent amount, from any loan to a lender in loans to provide financing for eligible business in the Commonwealth;

3. Assurances that the eligible business to be financed will improve employment conditions or otherwise improve industrial development in the Commonwealth;

4. Rates, fees, charges, and other terms and conditions for originating or servicing loans in order to protect against realization of an excessive financial return or benefit by the originator or servicer;

5. The type and amount of collateral or security to be provided to assure repayment of loans to lenders made by the Authority;

6. The type of collateral, payment bonds, performance bonds or other security to be provided for any loans made by a lender for construction loans;

7. The nature and amount of fees to be charged by the Authority to provide for expenses and reserves of the Authority;

8. Standards and requirements for the allocation of available money among lenders and the determination of the maturities, terms, conditions and interest rates for loans made, purchased, sold, assigned or committed pursuant hereto;

9. Commitment requirements for financing by lenders involving money provided, directly or indirectly, by the Authority; or

10. Any other appropriate matters related to the duties or exercise of the Authority's powers.

1984, c. 749, § 9-219; 2001, c. 844 ; 2003, c. 339 .
Va. Code Ann. § 2.2-2339.1 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 22 / Article 10 / Section 2.2-2339.1
Fort Monroe Master Plan; approval by Governor
Status: in_force

The Fort Monroe Master Plan shall be consistent with all preservation commitments and obligations agreed to by the Commonwealth. The Master Plan shall be approved by the Governor before it becomes effective.

2012, cc. 436 , 482 .
Va. Code Ann. § 2.2-3102 — Virginia Code / Title 2.2 / Subtitle I / Part E / Chapter 31 / Article 2 / Section 2.2-3102
Application
Status: in_force

This article applies to generally prohibited conduct that shall be unlawful and to state and local government officers and employees.

1987, Sp. Sess., c. 1, § 2.1-639.3; 2001, c. 844 .
Va. Code Ann. § 2.2-4308.1 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 43 / Article 2 / Section 2.2-4308.1
Purchase of owner-controlled insurance in construction projects
Status: in_force

A. Notwithstanding any other provision of law to the contrary, a public body may purchase at its expense an owner-controlled insurance program in connection with any public construction contract where the amount of the contract or combination of contracts is more than $100 million, provided that no single contract valued at less than $50 million shall be combined pursuant to this section. The public body shall provide notice if it intends to use an owner-controlled insurance program, including the specific coverages of such program, in any request for proposal, invitation to bid, or other applicable procurement documents.

B. A public body shall not require a provider of architecture or professional engineering services to participate in the owner-controlled insurance program, except to the extent that the public body may elect to secure excess coverage. No contractor or subcontractor shall be required to provide insurance coverage for a construction project if that specified coverage is included in an owner-controlled insurance program in which the contractor or subcontractor is enrolled.

C. For the purposes of this section, "owner-controlled insurance program" means a consolidated insurance program or series of insurance policies issued to a public body that may provide for some or all of the following types of insurance coverage for any contractor or subcontractor working on or at a public construction contract or combination of such contracts: general liability, property damage, workers' compensation, employer's liability, pollution or environmental liability, excess or umbrella liability, builder's risk, and excess or contingent professional liability.

2006, cc. 569 , 605 .
Va. Code Ann. § 2.2-505 — Virginia Code / Title 2.2 / Subtitle I / Part B / Chapter 5 / Article 1 / Section 2.2-505
Official opinions of Attorney General
Status: in_force

A. 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.

B. 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.

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 .
Va. Code Ann. § 2.2-3809 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 38 / Section 2.2-3809
Injunctive relief; civil penalties; attorneys' fees
Status: in_force

Any aggrieved person may institute a proceeding for injunction or mandamus against any person or agency that has engaged, is engaged, or is about to engage in any acts or practices in violation of the provisions of this chapter. The proceeding shall be brought in the district or circuit court of any county or city where the aggrieved person resides or where the agency made defendant has a place of business.

In the case of any successful proceeding by an aggrieved party, the agency enjoined or made subject to a writ of mandamus by the court shall be liable for the costs of the action together with reasonable attorneys' fees as determined by the court.

In addition, if the court finds that a violation of subsection A of § 2.2-3808 was willfully and knowingly made by a specific public officer, appointee, or employee of any agency, the court may impose upon such individual a civil penalty of not less than $250 nor more than $1,000, which amount shall be paid into the State Literary Fund. For a second or subsequent violation, such civil penalty shall be not less than $1,000 nor more than $2,500. For a violation of subsection A of § 2.2-3808 by any agency, the court may impose a civil penalty of not less than $250 nor more than $1,000, which amount shall be paid into the State Literary Fund. For a second or subsequent violation, such civil penalty shall be not less than $1,000 nor more than $2,500. If the court finds that a violation of subdivision A 11 of § 2.2-3803 was willfully and knowingly made by a specific public officer, appointee, or employee of any agency, the court may impose upon such individual a civil penalty of not less than $500 nor more than $2,500, which amount shall be paid into the State Literary Fund. For a second or subsequent violation, such civil penalty shall be not less than $2,500 nor more than $10,000.

1976, c. 597, § 2.1-386; 2001, c. 844 ; 2008, cc. 840 , 843 ; 2026, c. 748 .
Va. Code Ann. § 2.2-2002.1 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 20 / Section 2.2-2002.1
Department personnel
Status: in_force

The Commissioner shall appoint the personnel assigned to each service office and determine the compensation to be paid to such personnel. The number of employees assigned to the processing of benefit claims shall be sufficient to maintain a ratio of one staff person for every 23,000 veterans residing in the Commonwealth.

2005, c. 888 ; 2009, c. 136 ; 2011, cc. 330 , 358 ; 2012, cc. 331 , 342 .
Va. Code Ann. § 2.2-5211.1 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 52 / Section 2.2-5211.1
Certain restrictions on reimbursement and placements of children in residential facilities
Status: in_force

Notwithstanding any provision of this chapter to the contrary or any practice or previous decision-making process of the state executive council, Office of Children's Services, state and local advisory team, any community policy and management team, any family assessment and planning team or any other local entity placing children through the Children's Services Act (CSA), the following restrictions shall control:

1. In the event that any group home or other residential facility in which CSA children reside has its licensure status lowered to provisional as a result of multiple health and safety or human rights violations, all children placed through CSA in such facility shall be assessed as to whether it is in the best interests of each child placed to be removed from the facility and placed in a fully licensed facility and no additional CSA placements shall be made in the provisionally licensed facility until and unless the violations and deficiencies relating to health and safety or human rights that caused the designation as provisional shall be completely remedied and full licensure status restored.

2. Prior to the placement of a child across jurisdictional lines, the family assessment and planning teams shall (i) explore all appropriate community services for the child, (ii) document that no appropriate placement is available in the locality, and (iii) report the rationale for the placement decision to the community policy and management team. The community policy and management team shall report annually to the Office of Children's Services on the gaps in the services needed to keep children in the local community and any barriers to the development of those services.

3. Community policy and management teams, family assessment and planning teams or other local entities responsible for CSA placements shall notify the receiving school division whenever a child is placed across jurisdictional lines and identify any children with disabilities and foster care children to facilitate compliance with expedited enrollment and special education requirements.

2006, c. 781 ; 2015, c. 366 .
Va. Code Ann. § 2.2-3201 — Virginia Code / Title 2.2 / Subtitle I / Part E / Chapter 32 / Section 2.2-3201
Duties of Department of Human Resource Management and executive branch agencies to involuntarily separated employees
Status: in_force

A. Prior to terminating or placing on leave without pay-layoff or equivalent status any employee of an agency or institution in the executive branch of state government, the management of the agency or institution shall make every effort to place the employee in any vacant position within the agency for which the employee is qualified. If reemployment within the agency or institution is not possible because there is no available position for which the employee is qualified or the position offered to the employee requires relocation or a reduction in salary, the name of the employee shall be forwarded to the Department of Human Resource Management (the "Department").

B. Any preferential employment rights vested in the employee under the Commonwealth's layoff policy shall not be denied, abridged, or modified in any way by the Department. The Department shall coordinate the preferential hiring of the employee, at the same salary classification, in any agency or institution of the executive branch of state government. The Department shall also establish a program to assist employees in finding employment outside of state government.

C. If, as of the date the employee is terminated from employment or placed on leave without pay-layoff or equivalent status, reemployment within his agency or institution or any other agency or institution of the executive branch of state government is not possible because there is no available position for which the employee is qualified or the position offered to the employee requires relocation or a reduction in salary, then the employee shall be deemed to be involuntarily separated. If such employee is otherwise eligible, he shall be entitled, under the conditions specified, to receive the transitional severance benefit conferred by this chapter.

D. The Department shall report all involuntary separations in the executive branch of state government to the Department of Planning and Budget, which shall make an appropriate reduction, pursuant to § 2.2-1501 , in the terminating agency's maximum employment level in preparing its executive budget for the next session of the General Assembly.

1995, cc. 152 , 811 , § 2.1-116.21; 2000, cc. 66 , 657 ; 2001, c. 844 .
Va. Code Ann. § 2.2-2371 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 22 / Article 12 / Section 2.2-2371
Cooperation with other agencies
Status: in_force

All agencies of the Commonwealth shall cooperate with the Authority and, upon request, assist the Authority in the performance of its duties and responsibilities.

2021, Sp. Sess. I, cc. 306 , 307 .
Va. Code Ann. § 2.2-2211 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 22 / Article 2 / Section 2.2-2211
Grants or loans of public or private funds
Status: in_force

The Authority may accept, receive, receipt for, disburse, and expend federal and state moneys and other moneys, public or private, made available by grant or loan or both or otherwise, to accomplish, in whole or in part, any of the purposes of this article. All federal moneys accepted under this section shall be accepted and expended by the Authority upon such terms and conditions as are prescribed by the United States and as are consistent with state law; and all state moneys accepted under this section shall be accepted and expended by the Authority upon such terms and conditions as are prescribed by the Commonwealth.

1995, c. 758 , § 9-266.12; 2001, c. 844 .
Va. Code Ann. § 2.2-5210 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 52 / Section 2.2-5210
Information sharing; confidentiality
Status: in_force

All public agencies that have served a family or treated a child referred to a family assessment and planning team shall cooperate with this team. The agency that refers a youth and family to the team shall be responsible for obtaining the consent required to share agency client information with the team. After obtaining the proper consent, all agencies shall promptly deliver, upon request and without charge, such records of services, treatment or education of the family or child as are necessary for a full and informed assessment by the team.

Proceedings held to consider the appropriate provision of services and funding for a particular child or family or both who have been referred to the family assessment and planning team and whose case is being assessed by this team or reviewed by the community policy and management team shall be confidential and not open to the public, unless the child and family who are the subjects of the proceeding request, in writing, that it be open. All information about specific children and families obtained by the team members in the discharge of their responsibilities to the team shall be confidential.

Utilizing a secure electronic database, the CPMT and the family assessment and planning team shall provide the Office of Children's Services with client-specific information from the mandatory uniform assessment and information in accordance with subdivision D 11 of § 2.2-2648 .

1992, cc. 837, 880, § 2.1-756; 2001, c. 844 ; 2008, c. 277 ; 2015, cc. 357 , 366 .
Va. Code Ann. § 2.2-5301 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 53 / Section 2.2-5301
Secretaries of Health and Human Resources and Education to work together
Status: in_force

The Secretaries of Health and Human Resources and Education shall work together in:

1. Promoting interagency consensus and facilitating complementary agency positions on issues relating to early intervention services;

2. Examining and evaluating the effectiveness of state agency programs, services, and plans for early intervention services and identifying duplications, inefficiencies, and unmet needs;

3. Analyzing state agency budget requests and any other budget items affecting early intervention services;

4. Proposing ways of realigning funding to promote interagency initiatives and programs for early intervention services;

5. Formulating recommendations on planning, priorities, and expenditures for early intervention services and communicating the recommendations to the Governor and state agency heads;

6. Formulating joint policy positions and statements on legislative issues regarding early intervention services and communicating those positions and statements to the General Assembly; and

7. Resolving interagency disputes and assigning financial responsibility in accordance with Part C of the Individuals with Disabilities Education Act (20 U.S.C. § 1431 et seq.).

1992, c. 771, § 2.1-761; 2001, c. 844 .
Va. Code Ann. § 2.2-2475 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 24 / Article 24 / Section 2.2-2475
Trade secrets
Status: in_force

Trade secrets that a nonpublic body submits as an offeror in connection with a proposed workforce training program shall not be subject to disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). However, such offeror shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary.

2014, c. 815 .
Va. Code Ann. § 2.2-2337 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 22 / Article 10 / Section 2.2-2337
Definitions
Status: in_force

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

"Area of Operation" means land owned by the Commonwealth at Fort Monroe.

"Authority" means the Fort Monroe Authority.

"Board" means the Board of Trustees created in § 2.2-2338 .

"Bonds" means any bonds, notes, interim certificates, debentures, or other obligations issued by the Authority pursuant to this article.

"City of Hampton" or "City" means the City of Hampton, Virginia, a municipal corporation of the Commonwealth of Virginia.

"Design Standards" means the standards developed as a requirement of the Programmatic Agreement and referred to in that document as the "Historic Preservation Manual and Design Standards" which govern the restoration, rehabilitation, and renovation of the contributing elements to the Fort Monroe National Historic Landmark District and new construction, additions, and reconstruction of buildings so they are compatible with the overall character of the District, as they may be adopted or amended from time to time.

"Facility" means a particular building or structure or particular buildings or structures, including all equipment, appurtenances, and accessories necessary or appropriate for the operation of such facility.

"Fort Monroe Master Plan" or "Master Plan" means the plan that identifies the long-term vision for the reuse of the Area of Operation, key implementation projects, and a detailed implementation strategy for attracting new uses and investment to the Area of Operation as approved by the Authority and produced in accordance with the public participation plan as adopted by the Authority.

"Fort Monroe Reuse Plan" or "Reuse Plan" means the document created by the Fort Monroe Federal Area Development Authority and adopted as an official operating document on August 20, 2008, as it may be amended from time to time.

"Programmatic Agreement for the Closure and Disposal of Fort Monroe, Va." or "Programmatic Agreement" means that certain agreement, as it may be amended from time to time, entered into among the U.S. Army, the Virginia State Historic Preservation Officer, the Advisory Council on Historic Preservation, the Commonwealth of Virginia, the Fort Monroe Federal Area Development Authority and the National Park Service and signed by all Signatory Parties as of April 27, 2009, pursuant to § 106 of the National Historic Preservation Act.

"Project" means any specific enterprise undertaken by the Authority, including the facilities as defined in this article, and all other property, real or personal, or any interest therein, necessary or appropriate for the operation of such property.

"Real property" means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest, and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage, or otherwise and the indebtedness secured by such liens.

"State Memorandum of Understanding" means an agreement between the Authority, the Secretary of Administration, the State Historic Preservation Officer, and the Governor, on behalf of all state agencies, to protect Fort Monroe and its historic, cultural, and natural assets by carefully implementing the plans, stipulations, requirements, and obligations under the Programmatic Agreement for nonfederal lands following the transfer of properties from the United States Army to the Commonwealth.

"Trustees" means the members of the Board of Trustees of the Authority.

2011, c. 716 ; 2012, cc. 436 , 482 ; 2014, cc. 676 , 681 ; 2019, cc. 38 , 389 .
Va. Code Ann. § 2.2-115.1 — Virginia Code / Title 2.2 / Subtitle I / Part A / Chapter 1 / Article 1 / Section 2.2-115.1
COVID-19 Relief Fund
Status: in_force

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.

2020, cc. 1217 , 1277 .
Va. Code Ann. § 2.2-5601 — Virginia Code / Title 2.2 / Subtitle II / Part C / Chapter 56 / Section 2.2-5601
Appointment, term, compensation, and expenses of members of Southern States Energy Board
Status: in_force

The Commonwealth's representatives to the Southern States Energy Board shall be appointed in compliance with Article II of the Southern States Energy Compact as follows: three members of the House of Delegates, of whom two shall serve as alternates, to be appointed by the Speaker of the House of Delegates; three members of the Senate, of whom two shall serve as alternates, to be appointed by the Senate Committee on Rules; and one nonlegislative citizen member to be appointed by the Governor. Alternate legislative members appointed by the Speaker of the House and the Senate Committee on Rules shall meet the same qualifications as the principal legislative members appointed to serve. Legislative members shall serve terms coincident with their terms of office and shall not have the authority to designate an alternate in accordance with Article II of the compact. The gubernatorial appointee shall serve at the pleasure of the Governor. If any member appointed is the head of a department or agency of the Commonwealth, he may designate a subordinate officer or employee of his department or agency to serve in his stead as permitted by Article II A of the compact and in conformity with any applicable bylaws of the Board. All members may be reappointed for successive terms.

Legislative members of the Board shall receive such compensation as provided in § 30-19.12 and shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825 . The costs of compensation and expenses of the legislative members shall be paid from appropriations to the Virginia Commission on Intergovernmental Cooperation for the attendance of conferences. The nonlegislative citizen member of the Board shall receive such compensation and reimbursement for all his reasonable and necessary expenses in the performance of his duties as may be appropriated or made available for such purposes.

1962, c. 364, § 2-307; 1966, c. 677, § 2.1-337; 1979, c. 295; 2001, c. 844 ; 2003, c. 885 ; 2004, c. 1000 ; 2014, c. 516 .
Va. Code Ann. § 2.2-2755 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 27.1 / Section 2.2-2755
Coverage limitations
Status: in_force

Nothing in this chapter or any payroll deposit retirement savings agreement entered into pursuant to this chapter shall be construed as a promise or guarantee that the expenses associated with a participating employee's or participating individual's retirement will be covered in full by contributions to or earnings on any account, nor that the contributions to or earnings on any account will be sufficient to fund any particular level of benefit upon retirement. In no event shall the Commonwealth, the Program, the Board, any Board member, or any participating employer be liable for any losses incurred by Program Trust investments or otherwise by any employee or other person as a result of participating in the Program.

2021, Sp. Sess. I, c. 556 .
Va. Code Ann. § 2.2-4371 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 43 / Article 6 / Section 2.2-4371
Prohibition on solicitation or acceptance of gifts; gifts by bidders, offerors, contractor or subcontractors prohibited
Status: in_force

A. No public employee having official responsibility for a procurement transaction shall solicit, demand, accept, or agree to accept from a bidder, offeror, contractor or subcontractor any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal or minimal value, present or promised, unless consideration of substantially equal or greater value is exchanged. The public body may recover the value of anything conveyed in violation of this subsection.

B. No bidder, offeror, contractor or subcontractor shall confer upon any public employee having official responsibility for a procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged.

1982, c. 647, §§ 11-75, 11-77; 2001, c. 844 .
Va. Code Ann. § 2.2-310.1 — Virginia Code / Title 2.2 / Subtitle I / Part A / Chapter 3.2 / Article 1 / Section 2.2-310.1
Investigations; prohibition on interference or exertion of undue influence by Governor, etc
Status: in_force

Neither the Governor nor his chief of staff, counsel, director of policy, or Cabinet Secretaries shall interfere with or exert undue influence upon any investigation by the Office of the State Inspector General 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.

2022, c. 600 .
Va. Code Ann. § 2.2-400 — Virginia Code / Title 2.2 / Subtitle I / Part A / Chapter 4 / Article 1 / Section 2.2-400
Appointment and term of office; filling vacancies; oath
Status: in_force

A. 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.

B. 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.

Code 1950, § 2-59; 1958, c. 1, § 2-57.1; 1966, c. 677, §§ 2.1-65, 2.1-67; 2001, c. 844 .
Va. Code Ann. § 2.2-905 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 9.1 / Section 2.2-905
Repealed
Status: repealed

Repealed by Acts 2008, cc. 387 and 689 , cl. 2.
Va. Code Ann. § 2.2-3131 — Virginia Code / Title 2.2 / Subtitle I / Part E / Chapter 31 / Article 8 / Section 2.2-3131
Exemptions
Status: in_force

A. The requirements of § 2.2-3130 shall not apply to state filers with a state agency who have taken an equivalent ethics orientation course through another state agency within the time periods set forth in subdivision 1 or 2 of § 2.2-3130 , as applicable.

B. State agencies may jointly conduct and state filers from more than one state agency may jointly attend an orientation course required by § 2.2-3128 , as long as the course content is relevant to the official duties of the attending state filers.

C. Before conducting each orientation course required by § 2.2-3128 , state agencies shall consult with the Attorney General and the Virginia Conflict of Interest and Ethics Advisory Council regarding appropriate course content.

2004, cc. 134 , 392 ; 2014, cc. 792 , 804 .
Va. Code Ann. § 2.2-3104.02 — Virginia Code / Title 2.2 / Subtitle I / Part E / Chapter 31 / Article 2 / Section 2.2-3104.02
Prohibited conduct for constitutional officers
Status: in_force

In addition to the prohibitions contained in § 2.2-3103 , no constitutional officer shall, during the one year after the termination of his public service, act in a representative capacity on behalf of any person or group, for compensation, on any matter before the agency of which he was an officer.

The provisions of this section shall not apply to any attorney for the Commonwealth.

Any person subject to the provisions of this section may apply to the Council or the attorney for the Commonwealth for the jurisdiction where such person was elected as provided in § 2.2-3126 , for an advisory opinion as to the application of the restriction imposed by this section on any post-public employment position or opportunity.

2011, c. 591 ; 2020, c. 111 .
Va. Code Ann. § 2.2-2353 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 22 / Article 11 / Section 2.2-2353
Board of directors; members; president
Status: in_force

A. The Authority shall be governed by a board of directors consisting of 11 voting members as follows: (i) the Secretary of Commerce and Trade, or his designee; (ii) six nonlegislative citizen members appointed by the Governor; (iii) three nonlegislative citizen members appointed by the Joint Rules Committee; and (iv) one director of technology transfer office or equivalent position from a major research public institution of higher education, appointed by the Joint Rules Committee.

B. Of the nonlegislative citizen members appointed by the Governor, (i) two nonlegislative citizen members shall be from the investor community with experience as a partner in a venture capital fund with a minimum of $35 million under management or experience qualifying as an accredited investor, as defined by the federal Securities and Exchange Commission, who have experience investing, as an individual or as part of an angel group, in 10 or more early stage companies; (ii) two nonlegislative citizen members shall be from the technology sector with experience (a) as a founder of a science-based or technology-based business and who have raised equity capital or (b) as a senior executive in a science or technology company with operations in Virginia and with annual revenues in excess of $100 million; and (iii) two nonlegislative citizen members shall have experience acquiring or commercializing intellectual property through private research or experience acquiring or commercializing intellectual property from a university or other research institution. Of the nonlegislative citizen members appointed by the Joint Rules Committee, two nonlegislative citizen members shall have experience in entrepreneurial development or entrepreneurial community and network development. In making the appointments, the Governor and the Joint Rules Committee shall consider the geographic and demographic diversity of the Board.

C. 1. After an initial staggering of terms, members of the Board shall serve terms of four years. No member shall be eligible to serve more than two terms. Any appointment to fill a vacancy shall be for the unexpired term. A person appointed to fill a vacancy may be appointed to serve two additional terms. Nonlegislative citizen members shall be citizens of the Commonwealth.

2. Ex officio members shall serve terms coincident with their terms of office.

D. Members of the Board shall receive such compensation for the performance of their duties as provided in § 2.2-2813 . Members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825 . Funding for the costs of compensation and expenses of the members shall be provided by the Authority.

E. The Board shall elect a chairman from the nonlegislative citizen members of the Board, and the Secretary of Commerce and Trade shall serve as the vice-chairman. The Board shall elect a secretary and a treasurer, who need not be members of the Board, and may also elect other subordinate officers, who need not be members of the Board. The Board may also form advisory committees, which may include representatives who are not members of the Board, to undertake more extensive study on issues before the Board.

F. A majority of the members shall constitute a quorum for the transaction of the Authority's business, and no vacancy in the membership shall impair the right of a quorum to exercise the rights and perform all duties of the Authority. The Board shall meet at least quarterly or at the call of the chairman.

G. The Board shall appoint a president of the Authority, who shall not be a member of the Board who shall serve at the pleasure of the Board and carry out such powers and duties conferred upon him by the Board.

2020, cc. 1164 , 1169 .
Va. Code Ann. § 2.2-2272 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 22 / Article 6 / Section 2.2-2272
Moneys of Authority; audit
Status: in_force

All moneys of the Authority, from whatever source derived, shall be paid to the treasurer of the Authority. Such moneys shall be deposited in the first instance by the treasurer in one or more banks or trust companies, in one or more special accounts, and each of such special accounts shall be continuously secured by a pledge of direct obligations of the United States or of the Commonwealth, having an aggregate market value, exclusive of accrued interest, at all times at least equal to the balance on deposit in such account. Such securities shall either be deposited with the treasurer or be held by a trustee or agent satisfactory to the Authority. All banks and trust companies are authorized to give such security for such deposits. The moneys in such accounts shall be paid out on the warrant or other order of the treasurer of the Authority, or of such other persons as the Authority may authorize to execute such warrants or orders.

The Auditor of Public Accounts or his legally authorized representatives may examine the accounts and books of the Authority, including its receipts, disbursements, contracts, leases, sinking funds, investments, and any other matters relating to its finances, operation and affairs.

1981, c. 569, § 2.1-234.26; 2001, c. 844 .
Va. Code Ann. § 2.2-444 — Virginia Code / Title 2.2 / Subtitle I / Part A / Chapter 4.4 / Section 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
Status: in_force

A. 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, children's residential facility, 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, children's residential facility, or child-placing agency of the decision and of the reasons for the Ombudsman's action.

B. 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.

C. 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.

D. The Ombudsman may refer any complaints regarding administrative acts related to a child receiving protective or foster care services in any facility as defined in § 37.2-100 to the Office of the State Inspector General.

2020, c. 1090 ; 2023, c. 750 ; 2026, c. 989 .
Va. Code Ann. § 2.2-4368 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 43 / Article 6 / Section 2.2-4368
Definitions
Status: in_force

As used in this article:

"Immediate family" means a spouse, children, parents, brothers and sisters, and any other person living in the same household as the employee.

"Official responsibility" means administrative or operating authority, whether intermediate or final, to initiate, approve, disapprove or otherwise affect a procurement transaction, or any claim resulting therefrom.

"Pecuniary interest arising from the procurement" means a personal interest in a contract as defined in the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.).

"Procurement transaction" means all functions that pertain to the obtaining of any goods, services or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.

"Public employee" means any person employed by a public body, including elected officials or appointed members of governing bodies.

1982, c. 647, § 11-73; 1987, Sp. Sess., c. 1; 2001, c. 844 .
Va. Code Ann. § 2.2-2349 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 22 / Article 10 / Section 2.2-2349
Powers conferred additional and supplemental; liberal construction
Status: in_force

The powers conferred by this article shall be in addition and supplemental to the powers conferred by any other law. This article shall be liberally construed to effect the purposes hereof.

2011, c. 716 ; 2015, c. 709 .
Va. Code Ann. § 2.2-105 — Virginia Code / Title 2.2 / Subtitle I / Part A / Chapter 1 / Article 1 / Section 2.2-105
Appointments to office; effect of refusal to confirm by the General Assembly
Status: in_force

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.

Code 1950, § 2-35; 1966, c. 677, § 2.1-39; 2001, c. 844 .
Va. Code Ann. § 2.2-432 — Virginia Code / Title 2.2 / Subtitle I / Part A / Chapter 4 / Article 3 / Section 2.2-432
Contingent compensation prohibited
Status: in_force

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.

1994, cc. 857 , 937 , § 2.1-791; 2001, c. 844 .
Va. Code Ann. § 2.2-220.4 — Virginia Code / Title 2.2 / Subtitle I / Part A / Chapter 2 / Article 7 / Section 2.2-220.4
National Flood Insurance Program; annual report
Status: in_force

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.

2017, c. 274 .
Va. Code Ann. § 2.2-1603 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 16.1 / Article 1 / Section 2.2-1603
Department of Small Business and Supplier Diversity created; appointment of Director; offices; personnel
Status: in_force

A. There is hereby created a Department of Small Business and Supplier Diversity (the Department), which shall be headed by a Director appointed by the Governor to serve at his pleasure. The Director shall also serve as a special assistant to the Governor for small, women-owned, and minority-owned business development.

B. The Director of the Department shall, under the direction and control of the Governor, exercise the powers and perform the duties conferred or imposed upon him by law and perform such other duties as may be required by the Governor.

C. The Department shall have its main office in Richmond and may have branch offices as may be necessary, as determined by the Director subject to the approval of the Secretary of Commerce and Trade.

2013, c. 482 .
Va. Code Ann. § 2.2-4803 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 48 / Section 2.2-4803
Legal counsel
Status: in_force

The Office of the Attorney General shall be the primary agency responsible for the provision of all legal services and advice related to the collection of accounts receivable, pursuant to § 2.2-507 .

The Attorney General shall adopt necessary policies and procedures pertaining to all accounts receivable legal matters and the litigation of past-due accounts receivable that shall be published together with the policies and procedures adopted by the Department of Accounts.

1988, c. 544, § 2.1-729; 2001, c. 844 .
Va. Code Ann. § 2.2-437 — Virginia Code / Title 2.2 / Subtitle I / Part A / Chapter 4.3 / Section 2.2-437
Identity Management Standards Advisory Council
Status: in_force

A. 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 .

B. 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.

C. 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.

2015, cc. 482 , 483 ; 2017, c. 395 ; 2020, c. 738 ; 2021, Sp. Sess. I, c. 258 .
Va. Code Ann. § 2.2-1133 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 11 / Article 4 / Section 2.2-1133
Use of value engineering
Status: in_force

A. The Division shall ensure that value engineering is employed for any capital project costing more than $5 million. Value engineering may also be used for any project costing $5 million or less. For purposes of this section, "value engineering" means a systematic process of review and analysis of a capital project by a team of persons not originally involved in the project. Such team, which shall include appropriate professionals licensed in accordance with Chapter 4 (§ 54.1-400 et seq.) of Title 54.1, may offer suggestions that would improve project quality and reduce total project cost by combining or eliminating inefficient or expensive parts or steps in the original proposal or by totally redesigning the project using different technologies, materials, or methods.

B. The review developed pursuant to subsection A shall be compiled in a value engineering report and submitted to the Division. Each item included in the value engineering report shall have a status designation of accepted, declined, or accepted as modified. The Division, within 45 days, must approve the value engineering report before the project may move to the next phase of design.

C. A value engineering report shall not be required for projects that (i) are designed utilizing either the design-build or construction management at risk basis and (ii) have the value engineering process as an integral component. In such cases, a written summary of the cost savings that have been incorporated into the design shall be provided to the Division prior to moving forward to the construction phase of the contract.

D. The Director of the Department may waive the requirements of this section for any proposed capital project for compelling reasons. Any waiver shall be in writing, state the reasons for the waiver, and apply only to a single capital project. On or before September 15 of each year, the Director of the Department shall report to the Governor and the General Assembly on the (i) number and value of the capital projects where value engineering was employed and (ii) identity of the capital projects for which a waiver of the requirements of this section was granted, including a statement of the compelling reasons for granting the waiver. The report shall cover projects completed or for which a waiver was granted within the previous fiscal year.

E. Notwithstanding any law to the contrary, the provisions of this section shall apply to public institutions of higher education in the Commonwealth.

1994, cc. 442 , 829 , § 2.1-483.1:1; 1996, c. 553 ; 1997, c. 230 ; 1998, c. 207 ; 2001, c. 844 ; 2008, c. 370 ; 2015, c. 572 .
Va. Code Ann. § 2.2-507.1 — Virginia Code / Title 2.2 / Subtitle I / Part B / Chapter 5 / Article 1 / Section 2.2-507.1
Authority of Attorney General regarding charitable assets
Status: in_force

A. 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.

B. 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.

2002, c. 792 ; 2004, c. 289 .
Va. Code Ann. § 2.2-4007 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 40 / Article 2 / Section 2.2-4007
Petitions for new or amended regulations; opportunity for public comment
Status: in_force

A. Any person may petition an agency to request the agency to develop a new regulation or amend an existing regulation. The petition shall state (i) the substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections, and (ii) reference to the legal authority of the agency to take the action requested.

B. Within 14 days of receiving a petition, the agency shall send a notice identifying the petitioner, the nature of the petitioner's request and the agency's plan for disposition of the petition to the Registrar for publication in the Virginia Register of Regulations in accordance with the provisions of subsection B of § 2.2-4031 .

C. A 21-day period for acceptance of written public comment on the petition shall be provided after publication in the Virginia Register. The agency shall issue a written decision to grant or deny the petitioner's request within 90 days following the close of the comment period. However, if the rulemaking authority is vested in an entity that has not met within that 90-day period, the entity shall issue a written decision no later than 14 days after it next meets. The written decision issued by the agency shall include a statement of its reasons and shall be submitted to the Registrar for publication in the Virginia Register of Regulations. Agency decisions to initiate or not initiate rulemaking in response to petitions shall not be subject to judicial review.

1984, c. 5, § 9-6.14:7.1; 1985, c. 602; 1989, c. 71; 1991, c. 488; 1993, cc. 898, 944; 1994, c. 938 ; 1995, cc. 25 , 677 , 717 , 790 ; 1997, c. 87 ; 2001, c. 844 ; 2002, cc. 241 , 391 , 747 ; 2003, c. 224 ; 2005, cc. 619 , 682 ; 2007, cc. 873 , 916 .
Va. Code Ann. § 2.2-429 — Virginia Code / Title 2.2 / Subtitle I / Part A / Chapter 4 / Article 3 / Section 2.2-429
Retention of records by a lobbyist or lobbyist's principal
Status: in_force

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.

1994, cc. 857 , 937 , § 2.1-788; 2001, c. 844 .
Va. Code Ann. § 2.2-4316 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 43 / Article 2 / Section 2.2-4316
Comments concerning specifications
Status: in_force

Every public body awarding public contracts shall establish procedures whereby comments concerning specifications or other provisions in Invitations to Bid or Requests for Proposal can be received and considered prior to the time set for receipt of bids or proposals or award of the contract.

1982, c. 647, § 11-50; 2001, c. 844 .
Va. Code Ann. § 2.2-2630 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 26 / Article 11 / Section 2.2-2630
Council on Women; purpose; membership; terms; chairman
Status: in_force

A. The Council on Women (the "Council") is established as an advisory council, within the meaning of § 2.2-2100 , in the executive branch of state government. The purpose of the Council shall be to advise the Governor on matters pertaining to women and ways to improve their educational, professional, cultural, and governmental status within the Commonwealth.

B. The Council shall consist of 21 members from the Commonwealth at large and one of the Governor's Secretaries as defined in § 2.2-200 , ex officio with full voting privileges, all to be appointed by the Governor. Appointments shall be for terms of four years, except appointments to fill vacancies, which shall be for the unexpired terms. The ex officio member shall serve a term coincident with his term of office. A majority of the membership of the Council shall constitute a quorum.

C. The Council shall elect from its membership a chairperson and vice-chairperson.

1970, c. 685, § 9-116; 1972, c. 632; 1985, cc. 448, 497; 1991, c. 563; 2001, c. 844 ; 2012, c. 502 ; 2020, c. 57 .
Va. Code Ann. § 2.2-1106 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 11 / Article 2 / Section 2.2-1106
Consolidation of other laboratories
Status: in_force

The Director of the Department may take in and absorb within the Division any laboratory activity that is owned and operated by a political subdivision of the Commonwealth that will conform to the duties and responsibilities of the Division. Any costs that may accrue to the Commonwealth as a result of the consolidation shall be paid out of funds specifically appropriated for this purpose by the appropriation act.

1987, c. 369, § 2.1-429.4; 1996, cc. 366 , 447 ; 2001, c. 844 .
Va. Code Ann. § 2.2-4701 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 47 / Section 2.2-4701
Definitions
Status: in_force

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

"Bonds" means bonds or other obligations issued by the Commonwealth, by counties, cities and towns, and by their agencies, institutions, and authorities or by any combination of the foregoing under the provisions of the Public Finance Act (§ 15.2-2600 et seq.), or otherwise, the interest on which is intended to be excludable from the gross income of the recipients thereof for federal income tax purposes.

"Depository institution" means any commercial bank, trust company, or savings institution insured by an agency or instrumentality of the United States government.

"Issuers" means the Commonwealth, counties, cities and towns in the Commonwealth, and their agencies, institutions, and authorities.

"Official handling public funds" or "official" means the treasurer of the issuer or, if there is no officer known as treasurer of the issuer, the chief financial officer of the issuer, and any person or entity described in § 58.1-3123 .

1988, c. 498, § 2.1-234.9:2; 1990, c. 516; 1991, c. 245; 1996, c. 77 ; 2001, c. 844 .
Va. Code Ann. § 2.2-3311 — Virginia Code / Title 2.2 / Subtitle II / Part A / Chapter 33 / Section 2.2-3311
Day of recognition for early childhood and day-care providers and professionals
Status: in_force

The Friday before Mother's Day of each year shall be designated as a day of recognition for early childhood and day-care providers and professionals to acknowledge the contributions of and pay tribute to early childhood and day-care providers and professionals who serve the children of the Commonwealth.

1989, c. 132, § 2.1-27.6; 2001, c. 844 ; 2006, c. 156 .
Va. Code Ann. § 2.2-1130 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 11 / Article 4 / Section 2.2-1130
Repealed
Status: repealed

Repealed by Acts 2020, c. 734 , cl. 2.
Va. Code Ann. § 2.2-4022 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 40 / Article 3 / Section 2.2-4022
Subpoenas, depositions and requests for admissions
Status: in_force

The agency or its designated subordinates may, and on request of any party to a case shall, issue subpoenas requiring testimony or the production of books, papers, and physical or other evidence. Any person so subpoenaed who objects may, if the agency does not quash or modify the subpoena at his timely request as illegally or improvidently granted, immediately procure by petition a decision on the validity thereof in the circuit court as provided in § 2.2-4003 ; and otherwise in any case of refusal or neglect to comply with an agency subpoena, unless the basic law under which the agency is operating provides some other recourse, enforcement, or penalty, the agency may procure an order of enforcement from such court. Depositions de bene esse and requests for admissions may be directed, issued, and taken on order of the agency for good cause shown; and orders or authorizations therefor may be challenged or enforced in the same manner as subpoenas. Nothing in this section shall be taken to authorize discovery proceedings.

1975, c. 503, § 9-6.14:13; 2001, c. 844 .
Va. Code Ann. § 2.2-2651 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 26 / Article 18 / Section 2.2-2651
Repealed
Status: repealed

Repealed by Acts 2009, c. 86 , cl. 2.
Va. Code Ann. § 2.2-3003 — Virginia Code / Title 2.2 / Subtitle I / Part E / Chapter 30 / Section 2.2-3003
Grievance procedure generally
Status: in_force

A. As part of the Commonwealth's program of employee relations management, the Department of Human Resource Management shall develop a grievance procedure that includes not more than three successively higher grievance resolution steps and a formal hearing as provided in this chapter. However, grievances involving dismissals due to formal discipline or unsatisfactory job performance shall proceed directly to a formal hearing, omitting the grievance resolution steps, the face-to-face meeting specified in subsection D, and the agency head qualification determination specified in subsection D of § 2.2-3004 .

B. Prior to initiating a written grievance, the employee shall be encouraged to pursue an informal complaint with his immediate supervisor. The supervisor shall have authority to resolve the complaint if it involves actions within his control.

C. An employee may pursue a formal written grievance through the grievance resolution steps if the complaint has been presented to management within 30 calendar days of the employee's knowledge of the event that gave rise to the complaint. Employees' rights to pursue grievances shall not be used to harass or otherwise impede the efficient operations of government.

D. Except as provided in subsection A, upon receipt of a timely written complaint, management shall review the grievance and respond to the merits thereof. Each level of management review shall have the authority to provide the employee with a remedy, subject to the agency head's approval. At least one face-to-face meeting between the employee and management shall be required. The persons who may be present at this meeting are the employee, the appropriate manager, an individual selected by the employee, and an individual selected by the manager. Witnesses may be called by either party.

E. Absent just cause, all documents, as defined in the Rules of the Supreme Court of Virginia, relating to the actions grieved shall be made available, upon request from a party to the grievance, by the opposing party, in a timely fashion. Upon such request a party shall have a duty to search its records to ensure that all such relevant documents are provided. Documents pertaining to nonparties that are relevant to the grievance shall be produced in such a manner as to preserve the privacy of the individuals not personally involved in the grievance. A party shall not be required to create a document if the document does not exist.

F. All time limitations prescribed in the grievance procedure, including, but not limited to, submission of an initial complaint and employee appeal of management decisions, shall be reasonable, specific, and equally applicable to the agency and the employee. Expedited grievance procedures shall be established for terminations, demotions, suspensions, and lost wages or salaries.

G. Within five workdays of the receipt of a written notice of noncompliance, failure of the employee or the agency to comply with a substantial procedural requirement of the grievance procedure without just cause may result in a decision against the noncomplying party on any qualified issue. Written notice of noncompliance by the agency shall be made to the agency head. The Director of the Department of Human Resource Management shall render all decisions related to procedural compliance, and such decisions shall contain the reasons for such decision and shall be final.

H. Grievances qualified pursuant to § 2.2-3004 that have not been resolved through the grievance resolution steps shall advance to a hearing that shall be the final step in the grievance procedure.

1995, cc. 770 , 818 , § 2.1-116.05; 1996, cc. 164 , 869 ; 1999, cc. 703 , 726 ; 2000, cc. 947 , 1006 ; 2001, c. 844 ; 2003, c. 252 ; 2004, c. 674 ; 2012, cc. 56 , 349 , 803 , 835 .
Va. Code Ann. § 2.2-5001 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 50 / Section 2.2-5001
Manner of exercising authority
Status: in_force

The authority vested in governmental instrumentalities under the provisions of this chapter may be exercised by the body authorized to issue such bonds without securing the further approval of any other body, board or agency that may have approved the issuance of such bonds and, in the case of bonds approved by election, without a further election, unless a lower maximum rate of interest was stated in the approval of such other body, board or agency or was stated on the ballot of such election.

1970, c. 1, § 2.1-326.2; 1972, c. 735; 1974, cc. 82, 650; 1976, c. 522; 2001, c. 844 .
Va. Code Ann. § 2.2-2900 — Virginia Code / Title 2.2 / Subtitle I / Part E / Chapter 29 / Section 2.2-2900
Short title; purpose
Status: in_force

This chapter shall be known and may be cited as the "Virginia Personnel Act."

The purpose of this chapter is to ensure for the Commonwealth a system of personnel administration based on merit principles and objective methods of appointment, promotion, transfer, layoff, removal, discipline, and other incidents of state employment.

Code 1950, § 2-78; 1966, c. 677, § 2.1-110; 1970, c. 546; 2001, c. 844 .
Va. Code Ann. § 2.2-2642 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 26 / Article 14 / Section 2.2-2642
Repealed
Status: repealed

Repealed by Acts 2003, c. 451 .
Va. Code Ann. § 2.2-2016 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 20.1 / Article 2 / Section 2.2-2016
Division of Project Management established
Status: in_force

There is established within VITA a Division of Project Management (the Division). The CIO and the Division shall exercise the powers and duties conferred in this article.

2003, cc. 981 , 1021 ; 2016, c. 296 .
Va. Code Ann. § 2.2-614 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 6 / Article 1 / Section 2.2-614
Purebred livestock raised by state institutions and agencies may be sold instead of slaughtered
Status: in_force

The person in charge of any state institution or agency that raises purebred livestock may, when any of the livestock are to be slaughtered, sell the same to any person desiring to acquire the livestock for breeding purposes, provided the interests of the institution or agency will not be adversely affected by the sale.

1958, c. 586, § 2-4.3; 1966, c. 677, § 2.1-7; 2001, c. 844 .
Va. Code Ann. § 2.2-3808 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 38 / Section 2.2-3808
Collection, disclosure, or display of social security number; personal identifying information of donors; penalty
Status: in_force

A. It shall be unlawful for any agency to:

1. Require an individual to disclose or furnish his social security number not previously disclosed or furnished, for any purpose in connection with any activity, or to refuse any service, privilege, or right to an individual wholly or partly because the individual does not disclose or furnish such number, unless the disclosure or furnishing of such number is specifically required by state law in effect prior to January 1, 1975, or is specifically authorized or required by federal law;

2. Collect from an individual his social security number or any portion thereof unless the collection of such number is (i) authorized or required by state or federal law and (ii) essential for the performance of that agency's duties. Nothing in this subdivision shall be construed to prohibit the collection of a social security number for the sole purpose of complying with the Virginia Debt Collection Act (§ 2.2-4800 et seq.) or the Setoff Debt Collection Act (§ 58.1-520 et seq.);

3. Require any individual or any entity organized under § 501(c) of the Internal Revenue Code to provide the agency with personal donor information;

4. Require any bidder, offeror, contractor, or grantee of an agency to provide the agency with personal donor information; or

5. Disclose personal donor information without the express, written permission of every individual who is identifiable from the potential release of such personal donor information, including individuals identifiable as members, supporters, or volunteers of, or donors to, the agency.

B. Agency-issued identification cards, student identification cards, or license certificates issued or replaced on or after July 1, 2003, shall not display an individual's entire social security number except as provided in § 46.2-703 .

C. Any agency-issued identification card, student identification card, or license certificate that was issued prior to July 1, 2003, and that displays an individual's entire social security number shall be replaced no later than July 1, 2006, except that voter registration cards issued with a social security number and not previously replaced shall be replaced no later than the December 31st following the completion by the state and all localities of the decennial redistricting following the 2010 census. This subsection shall not apply to (i) driver's licenses and special identification cards issued by the Department of Motor Vehicles pursuant to Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 and (ii) road tax registrations issued pursuant to § 46.2-703 .

D. No agency, as defined in § 42.1-77 , shall send or deliver or cause to be sent or delivered, any letter, envelope, or package that displays a social security number on the face of the mailing envelope or package or from which a social security number is visible, whether on the outside or inside of the mailing envelope or package.

E. The provisions of subsections A and C shall not be applicable to:

1. Any license issued by the State Corporation Commission's Bureau of Insurance until such time as a national insurance producer identification number has been created and implemented in all states. Commencing with the date of such implementation, the licenses issued by the State Corporation Commission's Bureau of Insurance shall be issued in compliance with subsection A. Further, all licenses issued prior to the date of such implementation shall be replaced no later than 12 months following the date of such implementation;

2. Any lawful warrant for personal donor information issued by a court of competent jurisdiction;

3. Any lawful request for discovery of personal donor information in litigation if (i) the requester demonstrates a compelling need for the personal donor information by clear and convincing evidence and (ii) the requester obtains a protective order barring disclosure of personal donor information to any person not directly involved in the litigation. As used in this subdivision, "person" means an individual, partnership, corporation, association, governmental entity, or other legal entity;

4. Any admission of relevant personal donor information as evidence before a court of competent jurisdiction;

5. Any lawful investigation or enforcement action conducted pursuant to subsection C or D of § 57-59 ; or

6. Any form prescribed by the Virginia Conflict of Interest and Ethics Advisory Council.

F. A person alleging a violation of this section may bring a civil action for appropriate injunctive relief. A court rendering judgment in favor of a complainant pursuant to this subsection shall award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant.

G. A person who knowingly violates this section is guilty of a misdemeanor punishable by imprisonment of up to 90 days, a fine up to $1,000, or both.

H. Nothing in this section shall apply to the Campaign Finance Disclosure Act of 2006 (§ 24.2-945 et seq.).

I. As used in this section, "personal donor information" means names and data of any kind collected for the purpose of directly or indirectly identifying an individual as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any entity exempt from federal income tax pursuant to § 501(c) of the Internal Revenue Code.

1976, c. 597, § 2.1-385; 2001, c. 844 ; 2003, c. 974 ; 2008, cc. 840 , 843 ; 2009, cc. 849 , 867 ; 2010, c. 749 ; 2022, c. 525 ; 2022, Sp. Sess. I, c. 19 .
Va. Code Ann. § 2.2-213.1 — Virginia Code / Title 2.2 / Subtitle I / Part A / Chapter 2 / Article 6 / Section 2.2-213.1
Secretary of Health and Human Resources and Commissioner of Insurance to develop long-term care public information campaign
Status: in_force

A. 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.

B. 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.

2005, c. 92 .
Va. Code Ann. § 2.2-2499.2 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 24 / Article 29 / Section 2.2-2499.2
Compensation; expenses
Status: in_force

Members shall receive no compensation for their services, but shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825 .

2021, Sp. Sess. I, c. 169 .
Va. Code Ann. § 2.2-4023 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 40 / Article 3 / Section 2.2-4023
Final orders
Status: in_force

The terms of any final agency case decision, as signed by it, shall be served upon the named parties by mail unless service otherwise made is duly acknowledged by them in writing. The signed originals, which may be retained in an electronic medium in accordance with § 42.1-86.01 , shall remain in the custody of the agency as public records subject to judicial notice by all courts and agencies; and they, or facsimiles thereof, together with the full record or file in every case shall be made available for public inspection or copying except (i) so far as the agency may withhold the same in whole or part for the purpose of protecting individuals mentioned from personal embarrassment, obloquy, or disclosures of a private nature including statements respecting the physical, mental, moral, or financial condition of such individuals or (ii) for trade secrets or, so far as protected by other laws, other commercial or industrial information imparted in confidence. Final orders may be recorded, enforced, and satisfied as orders or decrees of a circuit court upon certification of such orders by the agency head or his designee.

1975, c. 503, § 9-6.14:14; 2001, c. 844 ; 2009, c. 797 ; 2022, c. 247 .
Va. Code Ann. § 2.2-1136 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 11 / Article 4 / Section 2.2-1136
Review of easements; maintenance of records; notification when lease or other agreement for branch office to terminate; report
Status: in_force

A. The Department shall review all deeds, leases, and contractual agreements with utilities to serve state institutions or agencies that require the approval of the Governor, as well as all easements and rights-of-way granted by institutions and agencies to public and private utilities.

B. The Department shall be responsible for the maintenance of records relating to property as defined in § 2.2-1147 and any other real property used or occupied by lease, license, permit, or other agreement by any state department, agency, or institution, except records relating to (i) real estate or rights-of-way acquired by the Department of Transportation for the construction of highways; (ii) ungranted shores of the sea, marsh, and meadowlands as defined in § 28.2-1500 ; or (iii) real estate or rights-of-way acquired by the Department of Rail and Public Transportation for the construction of railway lines or rail or public transportation facilities or the retention of rail corridors for public purposes. The Department may have such boundary, topographic, and other maps prepared as may be necessary.

C. The Department shall develop the criteria for and conduct an annual inventory of all real property referred to in subsection B for which it is responsible. Such inventory with respect to owned property shall be reviewed by the Department in developing recommendations pursuant to subsection A of § 2.2-1153 . All state departments, agencies, and institutions shall cooperate with the Department and provide such data and documents as may be required to develop and maintain the records and inventory required by this section.

D. The Department shall make the inventory referred to in subsection C available on the Department's website. The description of the inventory shall include parcel identification consistent with national spatial data standards in addition to a street address as available and reported to the Department by departments, agencies, and institutions and shall include the date upon which the use or occupancy, if used or occupied by lease, license, permit, or other agreement, of the inventoried property is to terminate pursuant to the lease, license, permit, or other agreement therefor.

E. The Department shall provide a quarterly report, in electronic form, to the General Assembly that includes renewal and termination dates for inventoried property pursuant to the lease, license, permit, or other agreement administered by the Department. Such information shall include property that serves as a branch office of a state agency. The report shall include all such renewals and terminations scheduled to occur within 90 days of the report date. The report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website. As used in this subsection, "branch office" means an office of a state agency other than its main office that assists the state agency in carrying out its statutory mission, including providing access to government services and programs.

1966, c. 55, §§ 2-65.1, 2.1-82.1; 1970, c. 202; 1974, c. 27; 1976, c. 125; 1977, c. 672, § 2.1-484; 1978, c. 770; 2001, c. 844 ; 2009, c. 612 ; 2011, cc. 659 , 675 ; 2014, c. 211 ; 2017, c. 706 .
Va. Code Ann. § 2.2-3121 — Virginia Code / Title 2.2 / Subtitle I / Part E / Chapter 31 / Article 7 / Section 2.2-3121
Advisory opinions
Status: in_force

A. A state officer or employee shall not be prosecuted for a knowing violation of this chapter if the alleged violation resulted from his good faith reliance on a written opinion of the Attorney General or a formal opinion or written informal advice of the Council made in response to his written request for such opinion or advice and the opinion or advice was made after a full disclosure of the facts regardless of whether such opinion or advice is later withdrawn provided the alleged violation occurred prior to the withdrawal of the opinion or advice.

B. A local officer or employee shall not be prosecuted for a knowing violation of this chapter if the alleged violation resulted from his good faith reliance on a written opinion of the attorney for the Commonwealth or a formal opinion or written informal advice of the Council made in response to his written request for such opinion or advice and the opinion or advice was made after a full disclosure of the facts regardless of whether such opinion or advice is later withdrawn, provided that the alleged violation occurred prior to the withdrawal of the opinion or advice. The written opinion of the attorney for the Commonwealth shall be a public record and shall be released upon request.

C. If any officer or employee serving at the local level of government is charged with a knowing violation of this chapter, and the alleged violation resulted from his reliance upon a written opinion of his county, city, or town attorney, made after a full disclosure of the facts, that such action was not in violation of this chapter, then the officer or employee shall have the right to introduce a copy of the opinion at his trial as evidence that he did not knowingly violate this chapter.

1987, Sp. Sess., c. 1, § 2.1-639.18; 2001, c. 844 ; 2003, c. 694 ; 2014, cc. 792 , 804 ; 2015, cc. 763 , 777 ; 2016, c. 665 ; 2017, cc. 829 , 832 .
Va. Code Ann. § 2.2-4509 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 45 / Section 2.2-4509
Investment of funds in negotiable certificates of deposit and negotiable bank deposit notes
Status: in_force

Notwithstanding any provision of law to the contrary, the Commonwealth and all public officers, municipal corporations, and other political subdivisions and all other public bodies of the Commonwealth may invest any or all of the moneys belonging to them or within their control, other than sinking funds, in negotiable certificates of deposit and negotiable bank deposit notes of domestic banks and domestic offices of foreign banks:

1. With maturities not exceeding one year, that have received at least two of the following ratings: (i) at least A-1 by Standard & Poor's; (ii) at least P-1 by Moody's Investors Service, Inc.; or (iii) at least F1 by Fitch Ratings, Inc.; and

2. With maturities exceeding one year and not exceeding five years, that have received at least two of the following ratings: (i) at least AA by Standard & Poor's; (ii) at least Aa by Moody's Investors Service, Inc.; or (iii) at least AA by Fitch Ratings, Inc.

1998, cc. 20 , 21 , § 2.1-328.15; 2001, c. 844 ; 2020, c. 333 .
Va. Code Ann. § 2.2-3800 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 38 / Section 2.2-3800
Short title; findings; principles of information practice
Status: in_force

A. This chapter may be cited as the "Government Data Collection and Dissemination Practices Act."

B. The General Assembly finds that:

1. An individual's privacy is directly affected by the extensive collection, maintenance, use, and dissemination of personal information;

2. The increasing use of computers and sophisticated information technology has greatly magnified the harm that can occur from these practices;

3. An individual's opportunities to secure employment, insurance, credit, and his right to due process, and other legal protections are endangered by the misuse of certain of these personal information systems; and

4. In order to preserve the rights guaranteed a citizen in a free society, legislation is necessary to establish procedures to govern information systems containing records on individuals.

C. Recordkeeping agencies and political subdivisions of the Commonwealth shall adhere to the following principles of information practice to ensure safeguards for personal privacy:

1. There shall be no personal information system whose existence is secret.

2. Information shall not be collected unless the need for it has been clearly established in advance.

3. Information shall be appropriate and relevant to the purpose for which it has been collected.

4. Information shall not be obtained by fraudulent or unfair means.

5. Information shall not be used unless it is accurate and current.

6. There shall be a prescribed procedure for an individual to learn the purpose for which information has been recorded and particulars about its use and dissemination.

7. There shall be a clearly prescribed and uncomplicated procedure for an individual to correct, erase, or amend inaccurate, obsolete, or irrelevant information.

8. Any agency holding personal information shall assure its reliability and take precautions to prevent its misuse.

9. There shall be a clearly prescribed procedure to prevent personal information collected for one purpose from being used or disseminated for another purpose unless such use or dissemination is authorized or required by law.

10. No agency or political subdivision of the Commonwealth shall collect personal information except as explicitly or implicitly authorized by law.

11. No agency or political subdivision of the Commonwealth shall sell personal information.

12. Any agency or political subdivision of the Commonwealth shall disseminate personal information only:

a. To the extent necessary to comply with state or federal law, including the federal Health Insurance Portability and Accountability Act (42 U.S.C. § 1320d et seq.), as amended;

b. To the extent necessary to carry out the administration of a state or federal program pursuant to state or federal law;

c. To comply with a subpoena, court order, or administrative proceeding;

d. To the extent necessary to ensure fulfillment of the obligations of a purchase or contract made in accordance with the Virginia Public Procurement Act (§ 2.2-4300 et seq.) or a memorandum of understanding or management agreement made in accordance with the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.);

e. When the data subject has given consent; or

f. To the extent necessary to accomplish a proper purpose of the agency.

1976, c. 597, §§ 2.1-377, 2.1-378; 1987, c. 506; 2001, c. 844 ; 2003, cc. 791 , 914 , 918 , 927 ; 2009, cc. 849 , 867 ; 2018, cc. 597 , 679 ; 2026, c. 748 .
Va. Code Ann. § 2.2-1600 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 16 / Section 2.2-1600
Repealed
Status: repealed

Repealed by Acts 2011, cc. 798 and 871 , cl. 2, effective July 1, 2012.
Va. Code Ann. § 2.2-4116 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 41.1 / Section 2.2-4116
Authority to use dispute resolution proceedings
Status: in_force

A. Except as specifically prohibited by law, if the parties to the dispute agree, any public body may use dispute resolution proceedings to narrow or resolve any issue in controversy. Nothing in this chapter shall be construed to prohibit or limit other public body dispute resolution authority. Nothing in this chapter shall create or alter any right, action, cause of action, or be interpreted or applied in a manner inconsistent with the Administrative Process Act (§ 2.2-4000 et seq.), applicable federal or state law or any provision that requires the Commonwealth to obtain or maintain federal delegation or approval of any regulatory program. Nothing in this chapter shall prevent the use of the Virginia Freedom of Information Act to obtain the disclosure of information concerning expenses incurred in connection with a dispute resolution proceeding or the amount of money paid by a public body or agency to settle a dispute.

B. A decision by a public body to participate in or not to participate in a specific dispute resolution proceeding shall be within the discretion of the public body and is not subject to judicial review. This subsection does not affect or supersede any law mandating the use of a dispute resolution proceeding.

C. An agreement arising out of any dispute resolution proceeding shall not be binding upon a public body unless the agreement is affirmed by the public body.

2002, c. 633 .
Va. Code Ann. § 2.2-616 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 6 / Article 2 / Section 2.2-616
Legislative declaration
Status: in_force

A. In enacting this chapter, the General Assembly employs its legislative authority to establish that the people of Virginia, acting through their elected officials in Virginia government, have the responsibility and authority to establish policy in and for Virginia pertaining to federal programs mandated in federal statutes.

B. The intent of the General Assembly is to assure the primacy of the Commonwealth's legal and political authority to implement in and for Virginia the policy mandated by federal statutes and to vigorously challenge and scrutinize the extent and scope of authority asserted by federal executive branch agencies when federal agency actions and interpretations are inconsistent with Virginia policy and exceed the lawful authority of the federal government or are not required by federal law.

C. In this connection the General Assembly finds and declares that:

1. The power to implement federal policies in and for Virginia is central to the ability of the people of Virginia to govern themselves under a federal system of government; and

2. Any implementation of federal policies in and for Virginia by federal executive branch agencies that is contrary to fundamental notions of federalism and self-determination must be identified and countered.

D. The General Assembly further finds and declares that:

1. There is an urgent need to modify federal mandates because the implementation of these mandates by the Commonwealth wastes the financial resources of local governments, the citizens of Virginia and the Commonwealth and does not properly respect the rights of the Commonwealth, local governments, and citizens.

2. The state government has an obligation to the public to do what is necessary to protect the rights of Virginia citizens under federal law while minimizing or eliminating any additional cost or regulatory burden on any citizen of the Commonwealth.

3. The Tenth Amendment to the United States Constitution directs that powers that are not delegated to the United States are reserved to the states or to the people. Virginia, as one of the sovereign states within the Union, has constitutional authority to enact laws protecting the environment of the Commonwealth and safeguarding the public health, safety, and welfare of the citizens of Virginia. However, this authority has too often been ignored by the federal government, as the federal government has intruded more and more into areas that must be left to the states. It is essential that the dilution of the authority of state and local governments be halted and that the provisions of the Tenth Amendment be accorded proper respect.

4. Current federal regulatory mandates, as reflected in federal administrative regulations, guidelines, and policies, often do not reflect the realities of Virginia and federal regulators frequently do not understand the needs and priorities of the citizens of Virginia.

5. The citizens of the Commonwealth can create and wish to create innovative solutions to Virginia's problems, but the current manner in which legal challenges to state policies and federal programmatic substitutions of state programs are handled does not allow the Commonwealth the flexibility it needs. It is not possible for the Commonwealth of Virginia to effectively and efficiently implement the provisions of federal statutes unless the burden to prove the insufficiency of the Commonwealth's efforts to implement federal requirements is shifted to the person or agency who asserts such insufficiency.

6. The provisions of this chapter will better balance the exercise of the powers of the federal government and the powers reserved to the states. In addition, the application of this chapter ultimately will bring about greater protection for the Commonwealth and the nation because it will direct the Commonwealth to implement federal statutes at the least possible cost, thereby freeing more moneys for other needs.

7. The purpose of this chapter is to ensure that federal mandates implemented in Virginia comply with state policy as established by the General Assembly.

1995, c. 604 , § 2.1-796; 2001, c. 844 .
Va. Code Ann. § 2.2-4375 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 43 / Article 6 / Section 2.2-4375
Certification of compliance required; penalty for false statements
Status: in_force

A. Public bodies may require public employees having official responsibility for procurement transactions in which they participated to annually submit for such transactions a written certification that they complied with the provisions of this article.

B. Any public employee required to submit a certification as provided in subsection A who knowingly makes a false statement in the certification shall be punished as provided in § 2.2-4377 .

1992, c. 761, § 11-79.1; 2001, c. 844 .
Va. Code Ann. § 2.2-2699.6 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 26 / Article 35 / Section 2.2-2699.6
Powers and duties of the ITAC; report
Status: in_force

A. The ITAC shall have the power and duty to:

1. Adopt rules and procedures for the conduct of its business;

2. Advise the CIO regarding cybersecurity policies, standards, and guidelines, for (i) assessing security risks, (ii) determining appropriate security measures, (iii) performing security audits of government electronic information, (iv) strengthening the Commonwealth's cybersecurity, and (v) protecting against and responding to breaches of information technology security;

3. Advise the CIO on strategies and priorities for information technology for executive branch agencies;

4. Advise the CIO on information technology planning and projects;

5. Advise the CIO on policies, standards, and guidelines for information technology and data of the Commonwealth; and

6. Advise the CIO on information technology budgeting, investments, and expenditures.

B. The ITAC may appoint advisory subcommittees consisting of individuals with expertise in particular subject areas and information technology to advise the ITAC on the utilization of nationally recognized technical and data standards in such subject areas. If such a subcommittee is appointed by the ITAC, the CIO, or his designee, shall be an ex officio member and the Secretary of Administration may appoint representatives from other relevant Secretariats or state agencies as may be appropriate. Any such subcommittee may be appointed for a period of two years and may be reappointed by the ITAC at the end of any two-year period.

C. The CIO shall report annually to the Governor and the General Assembly regarding the work of the ITAC and any advisory subcommittees.

D. As used in this section, "information technology" has the same meaning as set forth in § 2.2-2006 .

2010, cc. 136 , 145 ; 2011, cc. 266 , 313 ; 2016, c. 296 ; 2022, cc. 260 , 261 .
Va. Code Ann. § 2.2-4021 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 40 / Article 3 / Section 2.2-4021
Timetable for decision; exemptions
Status: in_force

A. In cases where a board or commission meets to render (i) an informal fact-finding decision or (ii) a decision on a litigated issue, and information from a prior proceeding is being considered, persons who participated in the prior proceeding shall be provided an opportunity to respond at the board or commission meeting to any summaries of the prior proceeding prepared by or for the board or commission.

B. In any informal fact-finding, formal proceeding, or summary case decision proceeding in which a hearing officer is not used or is not empowered to recommend a finding, the board, commission, or agency personnel responsible for rendering a decision shall render that decision within 90 days from the date of the informal fact-finding, formal proceeding, or completion of a summary case decision proceeding, or from a later date agreed to by the named party and the agency. If the agency does not render a decision within 90 days, the named party to the case decision may provide written notice to the agency that a decision is due. If no decision is made within 30 days from agency receipt of the notice, the decision shall be deemed to be in favor of the named party. The preceding sentence shall not apply to case decisions before (i) the State Water Control Board or the Department of Environmental Quality to the extent necessary to comply with the federal Clean Water Act, (ii) the State Air Pollution Control Board or the Department of Environmental Quality to the extent necessary to comply with the federal Clean Air Act, or (iii) the Virginia Soil and Water Conservation Board or the Department of Conservation and Recreation to the extent necessary to comply with the federal Clean Water Act. An agency shall provide notification to the named party of its decision within five days of the decision.

C. In any informal fact-finding, formal proceeding, or summary case decision proceeding in which a hearing officer is empowered to recommend a finding, the board, commission, or agency personnel responsible for rendering a decision shall render that decision within 30 days from the date that the agency receives the hearing officer's recommendation. If the agency does not render a decision within 30 days, the named party to the case decision may provide written notice to the agency that a decision is due. If no decision is made within 30 days from agency receipt of the notice, the decision is deemed to be in favor of the named party. The preceding sentence shall not apply to case decisions before (i) the State Water Control Board or the Department of Environmental Quality to the extent necessary to comply with the federal Clean Water Act, (ii) the State Air Pollution Control Board or the Department of Environmental Quality to the extent necessary to comply with the federal Clean Air Act, or (iii) the Virginia Soil and Water Conservation Board or the Department of Conservation and Recreation to the extent necessary to comply with the federal Clean Water Act. An agency shall provide notice to the named party of its decision within five days of the decision.

D. The provisions of subsection B notwithstanding, if the board members or agency personnel who conducted the informal fact-finding, formal proceeding, or summary case decision proceeding are unable to attend to official duties due to sickness, disability, or termination of their official capacity with the agency, then the timeframe provisions of subsection B shall be reset and commence from the date that either new board members or agency personnel are assigned to the matter or a new proceeding is conducted if needed, whichever is later. An agency shall provide notice within five days to the named party of any incapacity of the board members or agency personnel that necessitates a replacement or a new proceeding.

1975, c. 503, §§ 9-6.14:11, 9-6.14:12; 1986, c. 615; 1989, c. 601; 1991, c. 584; 1993, c. 898; 1994, c. 748 ; 1995, c. 398 ; 2001, c. 844 ; 2005, c. 102 ; 2006, c. 702 .
Va. Code Ann. § 2.2-2237.2 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 22 / Article 4 / Section 2.2-2237.2
Office of the Attorney General to provide instruction to Board
Status: in_force

The Attorney General or his designee assigned as counsel to the Board shall provide instruction to the Board on its responsibilities and obligations as a supervisory board within 30 days after the initial appointment of members of the Board. Thereafter, such counsel shall provide such instruction biennially.

2017, cc. 804 , 824 .
Va. Code Ann. § 2.2-4370 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 43 / Article 6 / Section 2.2-4370
Disclosure of subsequent employment
Status: in_force

No public employee or former public employee having official responsibility for procurement transactions shall accept employment with any bidder, offeror or contractor with whom the employee or former employee dealt in an official capacity concerning procurement transactions for a period of one year from the cessation of employment by the public body unless the employee or former employee provides written notification to the public body, or a public official if designated by the public body, or both, prior to commencement of employment by that bidder, offeror or contractor.

1982, c. 647, § 11-76; 2001, c. 844 .
Va. Code Ann. § 2.2-2348.1 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 22 / Article 10 / Section 2.2-2348.1
Ratification of the ownership of certain lands in the City of Hampton known as Fort Monroe; ownership and operation of utilities
Status: in_force

A. Notwithstanding any other provision of law, the ownership of certain property located in the City of Hampton, Virginia, generally known as "Fort Monroe," and shown in the land records of the City of Hampton as being owned by the Commonwealth, whether in the name of the Commonwealth or the Fort Monroe Authority, is validly vested in the Commonwealth, with all rights, title, and interest therein.

B. Notwithstanding any other provision of law, the ownership of the roads, water, sewer, and other utility services on that certain property located in the City of Hampton, Virginia, consisting of 561.345 acres, more or less, generally known as "Fort Monroe," shall be deemed validly vested in the Commonwealth, being more particularly described as follows: All those certain lots, pieces, or parcels of land situate, lying, and being in the City of Hampton, in the Commonwealth of Virginia, containing 561.345 acres, more or less, described as Parcels A, B, C, D, E, F, G, and H on that certain survey by the Norfolk District Corps of Engineers dated July 20, 2009, last revised November 15, 2012, entitled "Plat Showing 8 Parcels of Land Totaling +/-561.345 Acres Situated on Fort Monroe, Virginia," and recorded in the Clerk's Office of the Circuit Court of the City of Hampton in Instrument No. 130009559 at Pages 286 and 287.

1. The Authority shall maintain such roads as public rights-of-way to ensure lawful access to the properties within said acreage; however, the Commonwealth may convey its right, title, and interests in such roads to the City of Hampton or the Virginia Department of Transportation, and thereby transfer the obligation to maintain such roads.

2. The Authority shall maintain and operate such water, sewer, and other utility services to ensure that the properties within said acreage have access to such utility services; however, the Commonwealth may convey its right, title, and interest in any such utility owned by the Commonwealth to a public or private entity and thereafter transfer the obligation to maintain and operate such utilities.

2014, cc. 676 , 681 ; 2024, cc. 35 , 115 .
Va. Code Ann. § 2.2-4324 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 43 / Article 2 / Section 2.2-4324
(Effective until July 1, 2028) Preference for Virginia goods, U.S. goods, and Virginia residents
Status: in_force

A. In the case of a tie bid, preference shall first be given to goods produced in Virginia and preference shall then be given to goods produced in the United States; otherwise the tie shall be decided by lot.

B. In the case of procurement of goods by manufacturers:

1. If the lowest responsive and responsible bidder is not a resident of Virginia and (i) the bid of any Virginia resident is within 10 percent of such bid or (ii) the bid is for agricultural products that are produced or processed in Virginia and intended for school nutrition programs, including fresh fruits, vegetables, and dairy products, and is within 20 percent of such bid, the lowest responsive and responsible bidder pursuant to clause (i) or (ii) shall be granted the option to match the price of the lowest responsive and responsible bidder.

2. If the lowest responsive and responsible bidder is a resident of a state other than Virginia and such state under its laws allows a resident of that state a percentage preference or price-matching preference for the procurement of goods, a like preference shall be granted to responsive and responsible bidders who are residents of Virginia.

3. An eligible bidder that is a Virginia resident shall be granted the greater of either preference pursuant to this subsection.

C. Whenever the lowest responsive and responsible bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a percentage preference, a like preference shall be granted to the lowest responsive and responsible bidder who is a resident of Virginia and is the next lowest bidder. If the lowest responsive and responsible bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a price-matching preference, a like preference shall be granted to responsive and responsible bidders who are residents of Virginia. If the lowest bidder is a resident contractor of a state with an absolute preference, the bid shall not be considered. The Department of General Services shall post and maintain an updated list on its website of all states with an absolute preference for their resident contractors and those states that allow their resident contractors a percentage preference, including the respective percentage amounts. For purposes of compliance with this section, all public bodies may rely upon the accuracy of the information posted on this website.

D. Notwithstanding the provisions of subsections A, B, and C, in the case of a tie bid in instances where goods are being offered, and existing price preferences have already been taken into account, preference shall be given to the bidder whose goods contain the greatest amount of recycled content.

E. For the purposes of this section, a firm or corporation shall be deemed to be a resident of Virginia if such firm or corporation has been organized pursuant to Virginia law or maintains a principal place of business within Virginia.

F. To the extent that this section conflicts with federal law or regulations and application of this section to a project or procurement would render a public body ineligible to receive federal funds for such project or procurement, such project or procurement shall be exempt from the provisions of this section.

1982, c. 647, § 11-47; 1993, c. 109; 2001, cc. 323 , 844 ; 2005, c. 894 ; 2011, c. 343 ; 2024, cc. 749 , 782 ; 2026, c. 262 .
Va. Code Ann. § 2.2-4311.3 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 43 / Article 2 / Section 2.2-4311.3
Compliance with state law; contract terms inconsistent with state law
Status: in_force

A. As used in this section, "information technology goods and services" means communications, telecommunications, automated data processing, applications, databases, data networks, management information systems, and other related goods and services.

B. No term or provision in any public contract for the acquisition of information technology goods or services shall be valid or enforceable to the extent that it is in conflict with Virginia law. A public contract containing such a term or provision shall otherwise remain enforceable.

C. Any term or provision in such a public contract that (i) makes the public contract subject to, governed by, or interpreted under the laws of another state or country or (ii) requires or permits any litigation or other dispute resolution proceeding arising from the public contract to be conducted in another state or country shall be void. Such public contract shall instead be deemed to provide for the application of the law of the Commonwealth of Virginia, without regard to such contract's choice of law provisions, and to provide for jurisdiction in the courts of the Commonwealth.

D. The provisions of this section shall only apply to a county, city, town, political subdivision, or public institution of higher education, or to a public body listed as an independent agency in the appropriation act, if its governing body has adopted the provisions of this section as part of its procurement policies and procedures.

2025, c. 27 .
Va. Code Ann. § 2.2-3602 — Virginia Code / Title 2.2 / Subtitle II / Part A / Chapter 36 / Section 2.2-3602
Scope of chapter; status of volunteers; reimbursements
Status: in_force

A. Every department, through its executive head, may develop volunteer programs and accept the services of volunteers, including regular-service volunteers, occasional-service volunteers, or material donors, to assist in programs carried out or administered by that department.

B. Volunteers recruited, trained, or accepted by any department shall, to the extent of their voluntary service, be exempt from all provisions of law relating to state employment, hours of work, rate of compensation, leave time, and employee benefits except those enumerated in or consistent with § 2.2-3605 . Volunteers shall, however, at all times comply with applicable work rules.

C. Every department utilizing the services of volunteers may provide volunteers with such incidental reimbursements as are consistent with the provisions of § 2.2-3605 , including transportation costs, lodging, and subsistence, as the department deems appropriate to assist volunteers in performing their duties.

D. For the purposes of this chapter, individuals involved in emergency services and preparedness activities pursuant to the definition of "emergency services" in § 44-146.16 shall be considered volunteers in state and local services and shall be accordingly entitled to the benefits conferred in this chapter. As volunteers in state and local services, such individuals shall be deemed to be regular-service volunteers.

1977, c. 347, § 2.1-556; 2001, c. 844 ; 2005, c. 474 .
Va. Code Ann. § 2.2-4376.1 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 43 / Article 6 / Section 2.2-4376.1
Contributions and gifts; prohibition during procurement process
Status: in_force

A. No bidder or offeror who has submitted a bid or proposal to an executive branch agency that is directly responsible to the Governor for the award of a public contract pursuant to this chapter, and no individual who is an officer or director of such a bidder or offeror, shall knowingly provide a contribution, gift, or other item with a value greater than $50 or make an express or implied promise to make such a contribution or gift to the Governor, his political action committee, or the Governor's Secretaries, if the Secretary is responsible to the Governor for an executive branch agency with jurisdiction over the matters at issue, during the period between the submission of the bid and the award of the public contract under this chapter. The provisions of this section shall apply only for public contracts where the stated or expected value of the contract is $5 million or more. The provisions of this section shall not apply to contracts awarded as the result of competitive sealed bidding.

B. Any person who knowingly violates this section shall be subject to a civil penalty of $500 or up to two times the amount of the contribution or gift, whichever is greater. The attorney for the Commonwealth shall initiate civil proceedings to enforce the civil penalties. Any civil penalties collected shall be payable to the State Treasurer for deposit to the general fund.

2010, c. 732 ; 2011, c. 624 .
Va. Code Ann. § 2.2-1607 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 16.1 / Article 1 / Section 2.2-1607
Nonstock corporation to assist small businesses
Status: in_force

The Department may establish a nonstock corporation under Chapter 10 (§ 13.1-801 et seq.) of Title 13.1 as an instrumentality to assist the Department in providing support to the small business segment of the economy of the Commonwealth. The Department may do all things necessary to qualify such corporation as a certified development company under Subchapter V of the Small Business Investment Act of 1958 (15 U.S.C. § 695 et seq.), or any amendment or successor statute thereto, as well as regulations adopted thereunder by the U.S. Small Business Administration. Any action by the Department to establish such a corporation prior to July 1, 1986, is ratified and approved.

2013, c. 482 .
Va. Code Ann. § 2.2-2452 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 24 / Article 18 / Section 2.2-2452
Board of Veterans Services; membership; terms; quorum; compensation; staff
Status: in_force

A. The Board of Veterans Services (the Board) is established as a policy board, within the meaning of § 2.2-2100 , in the executive branch of state government. The Board shall have a total membership of 26 members, including seven legislative members, 15 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; and 15 nonlegislative citizen members to be appointed by the Governor. The Commissioner of the Department of Veterans Services, the Chairman of the Board of Trustees of the Veterans Services Foundation, the Chairman of the Joint Leadership Council of Veterans Service Organizations, and the Chairman of the Virginia War Memorial Foundation, or their designees, shall serve ex officio with full voting privileges. Nonlegislative citizen members of the Board shall be citizens of the Commonwealth.

In making appointments, the Governor shall endeavor to ensure a balanced geographical representation on the Board, while at the same time selecting appointees of such qualifications and experience as will allow them to develop reasonable and effective policy recommendations related to (i) the services provided to veterans of the Armed Forces of the United States and their eligible spouses, orphans, and dependents by the Department of Veterans Services and (ii) the mission of the Virginia War Memorial.

Legislative members and the Commissioner of the Department of Veterans Services shall serve terms coincident with their terms of office. Nonlegislative citizen members shall be appointed for a term of four years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. All members may be reappointed. However, no House member shall serve more than six consecutive two-year terms, and no Senate member shall serve more than three consecutive four-year terms. No nonlegislative citizen member shall serve more than two consecutive four-year terms; however, a nonlegislative citizen member appointed to serve an unexpired term is eligible to serve two consecutive four-year terms immediately succeeding such unexpired term.

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. Vacancies shall be filled in the same manner as the original appointments.

B. The Board shall select a chairman and vice-chairman from its membership. The Commissioner of the Department of Veterans Services shall not be eligible to serve as chairman. The Board shall meet at least three times a year at such times as it deems appropriate or on call of the chairman. A majority of the members of the Board shall constitute a quorum.

C. The Board shall organize itself in such a way as to allow it to fulfill its powers and duties.

D. The Department of Veterans Services shall provide staff to assist the Board in its administrative, planning, and procedural duties.

2003, cc. 657 , 670 ; 2004, c. 697 ; 2005, c. 758 ; 2008, cc. 467 , 768 ; 2010, c. 64 ; 2012, cc. 33 , 162 ; 2015, c. 319 ; 2017, cc. 89 , 501 ; 2019, cc. 40 , 204 .
Va. Code Ann. § 2.2-5506 — Virginia Code / Title 2.2 / Subtitle II / Part B / Chapter 55 / Section 2.2-5506
Confidential business information; Department to establish procedures
Status: in_force

A. Except as provided in subsections B and C, the Department and any affected locality shall keep confidential any information received under this chapter if the person submitting the information notifies them that:

1. The federal regulator to whom the information has been submitted has determined that the information is entitled to confidential treatment and is not subject to public disclosure under the federal Freedom of Information Act, 5 U.S.C. § 552, as amended, or under the Coordinated Framework; or

2. The person submitting the information to the Department and any locality has submitted a claim to the federal regulator that the information is entitled to confidential treatment under the federal Freedom of Information Act or under the Coordinated Framework, and the federal regulator has not made a determination on that claim.

B. Subsection A shall not prevent the Department from using the information for the purposes of subdivision B 4 or B 5 of § 2.2-5505 , subject to the requirements of subsection D.

C. The Department shall allow public access to any information that has been granted confidentiality under subsection A if either of the following occurs:

1. The person providing the information expressly agrees in writing to the public access of the information; or

2. After information has been granted confidentiality under subdivision A. 2., the federal regulator makes a determination that the information is not entitled to confidential treatment under the federal Freedom of Information Act or under the Coordinated Framework.

D. The Department shall establish procedures to protect information required to be kept confidential under subsection A. Under the procedures, the Department shall not submit any information under subdivision B 4 or B 5 of § 2.2-5505 to any person who is not an employee of the Department unless that person has signed an agreement that satisfies the requirements of subsection E.

E. Any agreement under subsection D shall (i) provide that information that is the subject of the agreement shall be subject to confidential treatment; (ii) prohibit the release or sharing of the information with any other person except at the direction of the Department and in compliance with this chapter; (iii) acknowledge the penalties in § 59.1-338 of the Virginia Uniform Trade Secrets Act (§ 59.1-336 , et seq.) and any other applicable law of the Commonwealth identified by the Department for the unauthorized disclosure of the information; and (iv) contain a statement that the person receiving the information, any member of his immediate family or any organization with which he is associated has no substantial financial interest in the regulated introduction that is the subject of the information.

F. Any person submitting the information under § 2.2-5503 may waive any of the requirements under this section.

1994, c. 472 , § 2.1-775; 2001, c. 844 .
Va. Code Ann. § 2.2-2008 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 20.1 / Article 1 / Section 2.2-2008
Repealed
Status: repealed

Repealed by Acts 2016, c. 296 , cl. 2.
Va. Code Ann. § 2.2-2699.12 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 26 / Article 36 / Section 2.2-2699.12
Powers and duties of the Council
Status: in_force

The Council shall have the following powers and duties:

1. Advise and provide recommendations to the Governor regarding the development of policies and procedures, focusing on equality and equity, to ensure that environmental justice issues are heard and addressed as the Commonwealth evolves, as impacts of climate change increase, and as new environmental justice issues emerge. The Council shall provide advice and recommendations to the Governor and his cabinet on:

a. Integrating environmental justice considerations throughout the Commonwealth's programs, regulations, policies, and procedures;

b. Strengthening partnerships on environmental justice among governmental agencies, including federal, tribal, and local governments;

c. Incorporating potential solutions to environmental justice issues related to stakeholder communication, local governments, climate change and resilience, transportation, clean energy, outdoor access, and cultural preservation;

d. Enhancing research and assessment approaches related to environmental justice and identifying potential risks or disproportionate public health impacts related to environmental pollution, particularly those that threaten or could threaten low-income and historically underserved communities;

e. Receiving comments, concerns, and recommendations from individuals throughout the Commonwealth; and

f. Recommending statutory, regulatory, or executive action, or relevant improvements or additions, for consideration to better address environmental justice issues.

2. Submit an annual report to the Governor and the General Assembly 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. The chairperson shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Council no later than the first day of each regular session of the General Assembly starting in 2021. The executive summary shall be submitted 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.

3. Apply for, accept, and expend gifts, grants, or donations from public, quasi-public, or private sources, including any matching funds designated in an appropriation act, to enable it to better carry out its objectives.

2020, cc. 113 , 1274 .
Va. Code Ann. § 2.2-2001.3 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 20 / Section 2.2-2001.3
Virginia War Memorial division
Status: in_force

A. The Virginia War Memorial is established as a division within the Department of Veterans Services. The Virginia War Memorial, its grounds, and all its contents, furnishings, funds, endowments, and other property, now owned or hereafter acquired, are and shall remain property of the Commonwealth. The Commissioner shall maintain administrative and financial control of the Virginia War Memorial and its subsidiaries, including adopting regulations for the use of and visitation to the Memorial. Regulations of the Commissioner shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

B. The mission of the Virginia War Memorial shall be to honor patriotic Virginians who rendered faithful service and sacrifice in the cause of freedom and liberty for the Commonwealth and the nation in time of war, honor all of Virginia's veterans, preserve their history, educate the public, and inspire patriotism in all Virginians.

C. The Department shall, with the advice of the Board of Veterans Services, adopt policies governing (i) the programs and activities that may and should be carried out at the Memorial, (ii) the use of and visitation to the Memorial, and (iii) fees for the use of the Memorial.

D. Beginning July 1, 2019, the names and homes of record designation of all Virginians "Killed in Action" (i) as a result of military operations against terrorism, (ii) as a result of a terrorist act, or (iii) in any armed conflict after December 6, 1941, shall be placed on the Shrine of Memory on the grounds of the Virginia War Memorial. New names shall be added to the Shrine of Memory within one year of the date of confirmed death. No individual who does not meet these criteria shall be honored on the Shrine of Memory.

E. The names and homes of record designation of all Virginians "Missing in Action" as a result of the Vietnam War and all other Virginians who served honorably but do not meet the criteria in clause (i), (ii), or (iii) of subsection D shall be honored at the Virginia War Memorial.

F. To preserve the dignity of military medals authorized by the U.S. Department of Defense and the memory of those who have rendered faithful service and sacrifice in the cause of freedom and liberty, the Virginia War Memorial division of the Department shall be vested with the full authority to take possession of military medals, ribbons, or certificates that come into the possession of the Commonwealth for which the ownership is unknown until such time as the true owner is able to take possession. The Virginia War Memorial division of the Department shall make reasonable efforts, based on available resources, to determine the rightful owner and return any military medal, ribbon, or certificate that comes into its possession pursuant to this section.

G. The Commissioner shall provide supervision of the Virginia War Memorial Foundation and any other nonprofit corporation established as an instrumentality to provide fundraising for the Memorial and assist in the details of administering the affairs of the Memorial as delineated by memoranda of understanding.

2013, c. 234 ; 2016, c. 690 ; 2019, cc. 312 , 314 , 318 , 784 ; 2026, cc. 256 , 257 .
Va. Code Ann. § 2.2-2036 — Virginia Code / Title 2.2 / Subtitle I / Part C / Chapter 20.2 / Article 1 / Section 2.2-2036
Definitions
Status: in_force

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

"Commissioner" means the Commissioner of the Department of Workforce Development and Advancement.

"Council" means the Apprenticeship Council.

"Department" means the Department of Workforce Development and Advancement.

"Encrypted" means the same as that term is defined in § 18.2-186.6 .

"Identifying information" means the same as that term is defined in § 18.2-186.3 .

"Virginia Longitudinal Data System" means the multiagency partnership administered by the State Council of Higher Education for Virginia pursuant to subdivision 9 of § 23.1-203 .

"Virginia Workforce Data Trust" means a workforce database maintained by the Department in an encrypted state in compliance with § 2.2-2009 .

"Workforce development program" means a publicly funded education, training, and support services program designed and administered to prepare and enable participants to enter into and advance in careers. Such program may, but is not required to, lead to nondegree credentials and may fall under the administrative functions of the Department or reside in other agencies.

"Workforce education and training program" means a workforce development program offered by an education provider with the goal of providing an individual with a credential that leads to employment.

"Workforce services program" means a workforce development program that is primarily focused on providing, coordinating, and supporting services to assist individuals in attaining employment, including assistance with locating job opportunities, connecting to workforce education and training programs, and coordinating with other available supportive services.

2023, cc. 624 , 625 ; 2024, c. 507 .
Va. Code Ann. § 2.2-2271 — Virginia Code / Title 2.2 / Subtitle I / Part D / Chapter 22 / Article 6 / Section 2.2-2271
Grants or loans of public or private funds
Status: in_force

The Authority may accept, receive, receipt for, disburse, and expend federal and state moneys and other moneys, public or private, including proceeds of the Authority's bonds, made available by grant or loan or both, to accomplish, in whole or in part, any of the purposes of this article. All federal moneys accepted under this section shall be accepted and expended by the Authority upon such terms and conditions as are prescribed by the United States and as are consistent with state law; and all state moneys accepted under this section shall be accepted and expended by the Authority upon such terms and conditions as are prescribed by the Commonwealth.

1981, c. 569, § 2.1-234.23; 1998, cc. 498 , 504 ; 2001, c. 844 .