dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 2.2 (Administration of Government), Chapter 2 (GOVERNOR'S SECRETARIES)
§ 2.2-222.4. Repealed.
Repealed by Acts 2022, c. 786, cl. 2.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 2 (GOVERNOR'S SECRETARIES)
§ 2.2-223. Repealed.
Repealed by Acts 2012, cc. 164 and 456, cl. 2.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 2 (GOVERNOR'S SECRETARIES)
§ 2.2-224. Secretary of Public Safety and Homeland Security to publish certain list.
The Secretary shall publish annually a list of those localities that have acquired any aircraft through forfeiture procedures. The list shall include a description of each aircraft so acquired. The Secretary shall develop a program to encourage the use of such aircraft for travel associated with law-enforcement purposes, including but not limited to, extradition of prisoners and arrestees within and without the Commonwealth.

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

Code of Virginia — Title 2.2 (Administration of Government), Chapter 2 (GOVERNOR'S SECRETARIES)
§ 2.2-224.1. Secretary of Public Safety and Homeland Security to establish information exchange program.
A. The Secretary shall establish a public safety information exchange program with those states that share a border with Canada or Mexico and are willing to participate in the exchange. The purpose of the information exchange shall be to share criminal information and, when authorized by the proper authority, intelligence information to address threats posed within the Commonwealth by (i) the organization or operation of criminal enterprises by transnational gangs; (ii) the production, transportation, distribution, or use of illegal drugs, firearms, or explosives; (iii) the activities of international or domestic terror organizations, agents, or sponsors thereof; and (iv) the criminal repercussions that result from the presence in the Commonwealth of persons or organizations illegally present in the United States.

B. The public safety information exchange program shall be administered by the Secretary and other state and local agencies designated by the Secretary.

C. The Secretary shall seek the cooperation of the U.S. Department of Homeland Security, the U.S. Department of Justice, the Federal Bureau of Investigation, the U.S. Immigration and Customs Enforcement, or any such successor agencies, and any other federal intelligence organizations as necessary, in order to facilitate the sharing of state and federal information and intelligence among the states participating in the exchange program.

2011, c. 503.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 2 (GOVERNOR'S SECRETARIES)
§ 2.2-225. Repealed.
Repealed by Acts 2020, c. 738, cl. 2.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 2 (GOVERNOR'S SECRETARIES)
§ 2.2-226. Repealed.
Repealed by Acts 2003, cc. 981 and 1021.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 2 (GOVERNOR'S SECRETARIES)
§ 2.2-228. Position established; agencies for which responsible.
The position of Secretary of Transportation (the "Secretary") is created. The Secretary shall be responsible to the Governor for the following agencies: Department of Transportation, Department of Rail and Public Transportation, Department of Aviation, Department of Motor Vehicles, the Virginia Port Authority, and the Motor Vehicle Dealer Board. The Governor, by executive order, may assign any state executive agency to the Secretary, or reassign any agency listed in this section to another Secretary.

1990, cc. 1, 317, §§ 2.1-51.41, 2.1-51.43; 1992, c. 167; 1993, c. 757; 2001, c. 844.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 2 (GOVERNOR'S SECRETARIES)
§ 2.2-230. Position established; agencies for which responsible; additional duties.
The position of Secretary of Veterans and Defense Affairs (the Secretary) is created. The Secretary shall be responsible to the Governor for the following agencies: Department of Military Affairs, Department of Veterans Services, Veterans Services Foundation, and Virginia Military Advisory Council. The Governor may, by executive order, assign any other state executive agency to the Secretary, or reassign any agency listed above to another Secretary.

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

2011, cc. 780, 858; 2012, cc. 803, 835; 2014, cc. 115, 490; 2020, c. 88.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 2 (GOVERNOR'S SECRETARIES)
§ 2.2-232. Repealed.
Repealed by Acts 2014, c. 115, cl. 2, effective March 3, 2014, and c. 490, cl. 2, effective April 2, 2014.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 2 (GOVERNOR'S SECRETARIES)
§ 2.2-234. Definitions.
For purposes of this article, unless the context requires a different meaning:

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

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

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

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

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

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

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

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

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

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

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

2020, cc. 1212, 1257.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 2 (GOVERNOR'S SECRETARIES)
§ 2.2-235. Policy regarding environmental justice.
It is the policy of the Commonwealth to promote environmental justice and ensure that it is carried out throughout the Commonwealth, with a focus on environmental justice communities and fenceline communities.

2020, cc. 1212, 1257.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 20 (DEPARTMENT OF VETERANS SERVICES)
§ 2.2-2000. Department of Veterans Services created; appointment of Commissioner.
A. There shall be a Department of Veterans Services, which shall be headed by a Commissioner appointed by the Governor subject to confirmation by the General Assembly. The Commissioner shall be a veteran who has received an honorable discharge from the Armed Forces of the United States. He shall report to the Secretary of Veterans and Defense Affairs on behalf of the Governor and shall hold his office at the pleasure of the Governor for a term of five years.

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

2003, cc. 657, 670; 2004, c. 697; 2018, c. 648.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 20 (DEPARTMENT OF VETERANS SERVICES)
§ 2.2-2000.1. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Active military, naval, or air service members" means military service members who perform full-time duty in the Armed Forces of the United States, or a reserve component thereof, including the National Guard.

"Commissioner" means the Commissioner of the Department of Veterans Services appointed pursuant to § 2.2-2000.

"Department" means the Department of Veterans Services established pursuant to § 2.2-2000.

"Service-connected" means, with respect to disability, that such disability was incurred or aggravated in the line of duty in the active military, naval, or air service.

"Service disabled veteran" means a veteran who (i) served in the active military, naval, or air service, (ii) was discharged or released under conditions other than dishonorable, and (iii) has a service-connected disability rating fixed by the U.S. Department of Veterans Affairs.

"Service disabled veteran-owned business" means a business concern that is at least 51 percent owned by one or more service disabled veterans or, in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are service disabled veterans and both the management and daily business operations are controlled by one or more individuals who are service disabled veterans.

"Veteran" means an individual who has served in the active military, naval, or air service and who was discharged or released therefrom under conditions other than dishonorable.

2018, c. 648.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 20 (DEPARTMENT OF VETERANS SERVICES)
§ 2.2-2001.2. Initiatives to reduce unemployment among veterans and military spouses; comprehensive transition program.
A. The Department shall develop a comprehensive program to reduce unemployment among veterans and military spouses by assisting businesses to attract, hire, train, and retain veterans and military spouses. Such program shall promote strategies for connecting employers to qualified veterans and military spouses and include (i) a workforce assessment and training program for participating employers and (ii) a certification process for participating employers with the objective of setting measurable goals for hiring and retaining veterans and military spouses.

B. All agencies in the executive branch of state government and all public institutions of higher education shall, to the maximum extent possible, be certified in accordance with this section. Such agencies and institutions may request a certification waiver from the Governor if they can demonstrate that (i) the certification is in conflict with the organization's operating directives or (ii) they have in place an alternative program that meets the requirements of this section.

C. The Department shall take steps to promote awareness among veterans of the acceptance by the regulatory boards within the Department of Professional and Occupational Regulation, the Department of Health Professions, or any board named in Title 54.1 pursuant to § 54.1-118 of the military training, education, or experience of a service member honorably discharged from active military service in the Armed Forces of the United States, to the extent that such training, education, or experience is substantially equivalent to the requirements established by law and regulations of the respective board for the issuance of any license, permit, certificate, or other document, however styled or denominated, required for the practice of any business, profession, or occupation in the Commonwealth.

D. The Department shall develop a comprehensive program to assist military service members, veterans, and their spouses in making a successful transition from military to civilian life in Virginia. The program shall promote strategies and services for connecting transitioning service members, veterans, and their spouses to local, regional, state, and federal employment resources in Virginia, including (i) skills and workforce assessments and (ii) internship and apprenticeship programs. Such program shall prioritize assistance to military service members, veterans, and their spouses who (a) have not sought services under any program authorized under the federal Wagner-Peyser Act, 29 U.S.C. § 49 et seq., and available through the Virginia Employment Commission and (b) are not eligible for job counseling, training, and placement services for veterans and spouses under 38 U.S.C. § 4101 et seq.

2013, cc. 34, 576; 2015, c. 318; 2018, c. 240; 2021, Sp. Sess. I, c. 247; 2025, c. 313.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 20 (DEPARTMENT OF VETERANS SERVICES)
§ 2.2-2001.4. Military medical personnel; program.
A. For the purposes of this section, "military medical personnel" means an individual who has recently served as a medic in the United States Army, medical technician in the United States Air Force, medical personnel in the United States Space Force, or corpsman in the United States Navy or the United States Coast Guard and who was discharged or released from such service under conditions other than dishonorable.

B. The Department, in collaboration with the Department of Health Professions, shall establish a program in which military medical personnel may practice and perform certain delegated acts that constitute the practice of medicine or nursing in accordance with subsection B of § 54.1-2901 or subsection B of § 54.1-3001. Such activities shall reflect the level of training and experience of the military medical personnel. The supervising physician or podiatrist shall retain responsibility for the care of the patient.

C. Any licensed physician or podiatrist, professional corporation or partnership of any licensee, hospital, commercial enterprise having medical facilities for its employees that are supervised by one or more physicians or podiatrists, or facility that offers medical services to the public and that is supervised by one or more physicians or podiatrists may participate in such program.

D. The Department shall establish general requirements for military medical personnel, licensees, and employers participating in the military medical personnel program established pursuant to subsection B.

E. The Department shall assist veterans and other service members who are preparing for discharge or release and who have recently served in health care-related specialties but who do not meet the definition of "military medical personnel" in finding employment in the health care sector.

2016, cc. 212, 418; 2018, cc. 69, 338; 2021, Sp. Sess. I, c. 231; 2024, c. 817.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 20 (DEPARTMENT OF VETERANS SERVICES)
§ 2.2-2001.5. Assignment of right to receive veterans' benefits.
A. As used in this section:

"Assignment of right to receive veterans' benefits" means any financial transaction in which a person provides a cash payment to a veteran in consideration for the veteran's assignment of his right to receive future pension or retirement benefits, without regard to whether the transaction is characterized or structured as a loan, assignment, loan secured by assignment, pledge, or other arrangement.

"Pension or retirement benefits" means any periodic benefit payable to a veteran by an agency of the federal government on account of the veteran's service in the Armed Forces of the United States, including any military retirement, pension, or disability benefit payments.

B. No person shall advertise, arrange, offer, or enter into any assignment of right to receive veterans' benefits if such assignment of right to receive veterans' benefits is prohibited or void under the provisions of 37 U.S.C. § 701 or 38 U.S.C. § 5301(a).

C. A violation of this section constitutes a prohibited practice under the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).

2020, c. 438.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 20 (DEPARTMENT OF VETERANS SERVICES)
§ 2.2-2001.6. Eligibility for veteran status under state and local laws; change in treatment of certain discharges.
Any person who was separated from active military, naval, or air service with an other than honorable discharge due solely to such person's sexual orientation or gender identity or expression may petition the Department to have his discharge recorded with the Department as honorable. Persons whose discharge status is changed pursuant to such petition shall be afforded the same rights, privileges, and benefits authorized by state law and local ordinances as any other veteran who was honorably discharged.

2020, c. 1172, § 2.2-2001.5.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 20 (DEPARTMENT OF VETERANS SERVICES)
§ 2.2-2002. Department offices.
The Commissioner shall maintain an office in the vicinity of the State Capitol in Richmond. He may maintain service offices in the Commonwealth in whatever locations he determines to be necessary to carry out the provisions of this chapter. The Commissioner shall ensure that benefit claims assistance is provided on a regular basis at locations other than established service offices.

2003, cc. 657, 670; 2005, c. 888; 2009, c. 136.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 20 (DEPARTMENT OF VETERANS SERVICES)
§ 2.2-2002.1. Department personnel.
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.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 20 (DEPARTMENT OF VETERANS SERVICES)
§ 2.2-2002.2. Military Spouse Liaison; position created; duties; report.
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.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 20 (DEPARTMENT OF VETERANS SERVICES)
§ 2.2-2003. General powers of Commissioner.
The Commissioner shall have the following general powers to carry out the purposes of this chapter:

1. Employ required personnel;

2. Enter into all contracts and agreements necessary or incidental to the performance of the Department's duties and the execution of its powers under this chapter, including, but not limited to, contracts with the United States, other states, and agencies and governmental subdivisions of the Commonwealth;

3. Accept grants from the United States government and its agencies and instrumentalities and any other source. To these ends, the Department shall have the power to comply with conditions and execute agreements necessary, convenient, or desirable; and

4. Do all acts necessary or convenient to carry out the purposes of this chapter.

2003, cc. 657, 670.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 20 (DEPARTMENT OF VETERANS SERVICES)
§ 2.2-2004.1. Repealed.
Repealed by Acts 2011, cc. 89 and 147, cl. 2.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 20 (DEPARTMENT OF VETERANS SERVICES)
§ 2.2-2004.2. Suicide Prevention Coordinator; position created; duties; report.
A. There is created in the Department of Veterans Services the position of Suicide Prevention Coordinator to support and closely coordinate effective mental health care services for military service members and veterans and their families.

B. The Suicide Prevention Coordinator shall:

1. Gather data on mental health challenges commonly experienced by military service members and veterans and their families that may lead to suicide;

2. In coordination with federal, state, and local partners, gather, review, analyze, and disseminate timely federal, state, and local data on the quantity, common causes, and methods of suicide utilized among military service members, veterans, and their family members;

3. Collaborate with federal, state, and local partners to increase mental health, substance abuse, and suicide risk screenings and refer military service members and veterans and their family members to the appropriate behavioral health and medical professionals or services;

4. Identify and coordinate new behavioral health and suicide prevention opportunities and funding for those opportunities and, from such funds as may be appropriated or are otherwise available for this purpose, administer a grant program to assist local partners in implementing and coordinating suicide prevention efforts in local communities;

5. Provide suicide prevention resources, training, and support to federal, state, and local agencies; and

6. Perform other duties as may be required to effectively provide suicide prevention resources, training, and support to military service members, veterans, and their families.

C. The Commissioner shall include a summary of the work of the Suicide Prevention Coordinator in the annual report to the Secretary of Veterans and Defense Affairs, the Governor, and the General Assembly as required pursuant to subdivision 9 of § 2.2-2004.

2022, c. 322.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2005. Creation of Agency; appointment of Chief Information Officer.
A. There is hereby created the Virginia Information Technologies Agency (VITA), which shall serve as the agency responsible for administration and enforcement of the provisions of this Chapter.

B. The Governor shall appoint a Chief Information Officer of the Commonwealth (the CIO) to oversee the operation of VITA. The CIO shall 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 and the Secretary of Administration.

2003, cc. 981, 1021; 2009, c. 826; 2010, cc. 136, 145; 2016, c. 296; 2020, c. 738.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2006. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Commonwealth information technology project" means any state agency information technology project that is under Commonwealth governance and oversight.

"Commonwealth Project Management Standard" means a document developed and adopted by the Chief Information Officer (CIO) pursuant to § 2.2-2016.1 that describes the methodology for conducting information technology projects, and the governance and oversight used to ensure project success.

"Confidential data" means information made confidential by federal or state law that is maintained in an electronic format.

"Enterprise" means an organization with common or unifying business interests. An enterprise may be defined at the Commonwealth level or secretariat level for program and project integration within the Commonwealth, secretariats, or multiple agencies.

"Executive branch agency" or "agency" means any agency, institution, board, bureau, commission, council, public institution of higher education, or instrumentality of state government in the executive department listed in the appropriation act. However, "executive branch agency" or "agency" does not include the University of Virginia Medical Center, a public institution of higher education to the extent exempt from this chapter pursuant to the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.) or other law, or the Virginia Port Authority.

"Information technology" means communications, telecommunications, automated data processing, applications, databases, data networks, the Internet, management information systems, and related information, equipment, goods, and services. The provisions of this chapter shall not be construed to hamper the pursuit of the missions of the institutions in instruction and research.

"ITAC" means the Information Technology Advisory Council created in § 2.2-2699.5.

"Major information technology project" means any Commonwealth information technology project that has a total estimated cost of more than $1 million or that has been designated a major information technology project by the CIO pursuant to the Commonwealth Project Management Standard developed under § 2.2-2016.1.

"Secretary" means the Secretary of Administration.

"Technology asset" means hardware and communications equipment not classified as traditional mainframe-based items, including personal computers, mobile computers, and other devices capable of storing and manipulating electronic data.

"Telecommunications" means any origination, transmission, emission, or reception of data, signs, signals, writings, images, and sounds or intelligence of any nature, by wire, radio, television, optical, or other electromagnetic systems.

1984, c. 746, § 2.1-563.13; 1997, c. 858; 2001, c. 844, § 2.2-1301; 2003, cc. 981, 1021; 2004, c. 145; 2007, c. 769; 2010, cc. 136, 145; 2011, c. 739; 2012, cc. 803, 835; 2014, cc. 37, 181; 2015, c. 768; 2016, c. 296; 2020, c. 738.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2008. Repealed.
Repealed by Acts 2016, c. 296, cl. 2.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2010. Repealed.
Repealed by Acts 2016, c. 296, cl. 2.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2011. Additional powers and duties relating to development, management, and operation of information technology.
A. Unless specifically exempted by law, VITA shall be responsible for the development, operation, and management of information technology for every executive branch agency, pursuant to the provisions of this chapter.

B. The CIO shall have the following powers and duties concerning the development, operation, and management of information technology:

1. Manage, coordinate, and provide the information technology used by executive branch agencies;

2. Acquire, lease, or construct such land, facilities, and equipment as necessary to deliver comprehensive information technology services, and to maintain such land, facilities, and equipment owned or leased; and

3. Provide technical assistance to executive branch agencies in the planning, development, operation, and management of information technology.

1984, c. 746, §§ 2.1-563.16, 2.1-563.17, 2.1-563.18; 1985, c. 265; 1995, c. 357; 1997, c. 858; 1999, cc. 412, 421, 433; 2001, c. 844, § 2.2-1303; 2002, c. 579; 2003, cc. 981, 1021; 2016, c. 296.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2012.1. Major information technology project procurement; terms and conditions.
A. For purposes of this section, "supplier" means an offeror with whom the Commonwealth has entered into a contract for a major information technology project.

B. Except as provided in subsection C, in any contract for a major information technology project, terms and conditions relating to the indemnification obligations and liability of a supplier shall be reasonable and shall not exceed in aggregate twice the value of the contract. There shall be no limitation on the liability of a supplier for (i) the intentional or willful misconduct, fraud, or recklessness of a supplier or any employee of a supplier or (ii) claims for bodily injury, including death, and damage to real property or tangible personal property resulting from the negligence of a supplier or any employee of a supplier.

C. If the CIO believes that a major information technology project presents an exceptional risk to the Commonwealth, he shall conduct a risk assessment prior to the issuance of a Request for Proposal. Such risk assessment shall include consideration of the nature, processing, and use of sensitive or personally identifiable information. If the risk assessment concludes that the project presents an exceptional risk to the Commonwealth and the limitation of liability amount provided in subsection B is not reasonably adequate to protect the interest of the Commonwealth, the CIO may recommend and request approval by the Secretary of Administration to increase the limitation of liability amount.

The CIO shall make such recommendation in writing setting forth the reasons that the limitations in subsection B are not adequate to protect the Commonwealth's interests. The recommendation shall describe the risks presented to the Commonwealth and how those risks are not sufficiently mitigated by the expected terms and conditions associated with the Request for Proposal. The CIO shall recommend a reasonable maximum alternative limitation of liability amount that is a multiple of the contract value, with the same exceptions to the limitation as provided in subsection B.

The Secretary of Administration shall review and may approve any recommended maximum alternative limitation of liability amount to be included in any Request for Proposal issued for the project. The CIO shall annually publish a list of all approvals granted under this subsection pertaining to any Request for Proposal issued in the previous 12-month period.

D. Notwithstanding the provisions of this section, the Commonwealth may agree to a lower limitation for any contract subject to subsection B or C.

2019, cc. 605, 606.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2013. Internal service and special funds.
A. There is established the Information Technology and Management Internal Service Fund to be administered by VITA.

B. There is established the Acquisition Services Special Fund to be administered by VITA and used to finance procurement and contracting activities and programs unallowable for federal fund reimbursement.

C. Upon written request of the CIO, the Joint Legislative Audit and Review Commission may direct the Comptroller to establish internal service fund accounts on his books and record the receipts and expenditures for appropriate functions of VITA. Charges for services rendered sufficient to offset costs involved in these operations shall be established.

D. All users of services provided for in this chapter administered by VITA shall be assessed a surcharge, which shall be deposited in the appropriate fund. This charge shall be an amount sufficient to allow VITA to finance the operations and staff of the services offered.

E. Additional moneys necessary to establish these funds or provide for the administration of the activities of VITA may be advanced from the general account of the state treasury.

F. The CIO shall direct that the following activities be conducted with respect to VITA's internal service funds:

1. VITA shall establish fee schedules for the collection of fees from users when general fund appropriations are not available for the services rendered.

2. VITA shall develop and implement information, billing, and collections methods that will assist state agencies in analyzing and effectively managing their use of VITA's services, and which will allow VITA to forecast service demands and balances of its internal service funds.

3. By September 1 of each year, VITA shall submit biennial projections of future revenues and expenditures for each internal service fund and estimates of any anticipated changes to fee schedules to the Joint Legislative Audit and Review Commission and the Department of Planning and Budget.

4. In the event that changes to fee schedules or rates are required, the CIO shall submit documentation to the Joint Legislative Audit and Review Commission and the Department of Planning and Budget no later than September 1 prior to the fiscal year in which the new or revised rates are to take effect so that the impact of the rate changes can be considered for inclusion in the executive budget submitted to the General Assembly pursuant to § 2.2-1508. In emergency circumstances, deviations from this approach shall be approved in advance by the Joint Legislative Audit and Review Commission.

1984, c. 746, §§ 2.1-563.19, 2.1-563.20, 2.1-563.21, 2.1-563.22; 2001, c. 844, § 2.2-1304; 2003, cc. 981, 1021; 2010, cc. 136, 145; 2012, cc. 55, 285; 2016, c. 296.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2014. Submission of information technology plans by state agencies and public institutions of higher education; designation of technology resource.
A. All executive branch agencies shall prepare and submit information technology strategic plans to the CIO for review and approval. All executive branch agencies shall maintain current information technology plans that have been approved by the CIO.

B. The head of each executive branch agency shall designate an existing employee to be the agency's information technology resource who shall be responsible for compliance with the policies, standards, and guidelines established by the CIO.

1999, cc. 412, 421, 433, § 2.1-51.47; 2000, c. 995; 2001, c. 844, § 2.2-226; 2002, c. 424; 2003, cc. 981, 1021; 2016, c. 296.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2015. Repealed.
Repealed by Acts 2016, c. 296, cl. 2.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2016. Division of Project Management established.
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.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2017. Powers and duties of the Division.
The Division shall have the power and duty to:

1. Implement the approval process for information technology projects developed in accordance with the Commonwealth Project Management Standard;

2. Assist the CIO in the development and implementation of project management policies, standards, and guidelines to be used for information technology projects in accordance with this article;

3. Provide ongoing assistance and support to executive branch agencies in the development of information technology projects;

4. Establish a program providing cost-effective training to executive branch agency project managers;

5. Review information management and information technology plans submitted by executive branch agencies and recommend to the CIO the approval of such plans and any amendments thereto;

6. Monitor the implementation of information management and information technology plans and periodically report its findings to the CIO;

7. Review and recommend to the CIO information technology projects based on the policies, standards, and guidelines developed pursuant to § 2.2-2016.1;

8. Provide oversight for executive branch agency information technology projects; and

9. Report on a quarterly basis to the CIO, the Secretary, the Governor, the Information Technology Advisory Council, the Joint Legislative Audit and Review Commission, the Auditor of Public Accounts, the House Committee on Appropriations, the Senate Committee on Finance and Appropriations, and the Joint Commission on Technology and Science the status and performance of each major information technology project and related procurement conducted by any executive branch agency.

2003, cc. 981, 1021; 2011, c. 739; 2015, c. 768; 2016, c. 296.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2018. Repealed.
Repealed by Acts 2011, c. 739, cl. 2.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2018.1. Project and procurement investment business case approval.
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.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2019. Repealed.
Repealed by Acts 2011, c. 739, cl. 2.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2020. Procurement approval for information technology projects.
An executive branch agency shall submit a copy of any Invitation for Bid (IFB) or Request for Proposal (RFP) for a procurement related to an information technology project to the Division. The Division shall review the IFB or RFP and recommend its approval or rejection to the CIO. The agency shall submit a copy of any proposed contract or final contract to the Division. The Division shall review the proposed contract or final contract and recommend its approval or rejection to the CIO. A project shall be granted project initiation approval as provided by the Commonwealth Project Management Standard before the award of any contract.

2003, cc. 981, 1021; 2010, cc. 136, 145; 2011, c. 739; 2016, c. 296.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2021. Project oversight committees.
A. Whenever the project charter has been approved for an enterprise information technology project, the Secretary shall establish an Internal Agency Oversight Committee (IAOC) and a Secretariat Oversight Committee (SOC). The IAOC shall represent all business or functional stakeholders of the project, including stakeholders in other agencies, assure that all stakeholders have the opportunity to work together toward a mutually beneficial integrated solution, have the authority to approve or reject any changes in the project's scope, schedule, or budget, provide oversight and direction to the project, and review and approve the schedule baseline and all project documentation. The SOC shall represent all business or functional stakeholders of the project, including stakeholders in other secretariats, validate the proposed project business case, review and make recommendations on changes in the project's scope, schedule, or budget, and review Independent Verification and Validation reports and recommend corrective actions if needed.

B. For all other projects, other than enterprise information technology projects, the CIO shall establish an IAOC and an SOC in accordance with the Commonwealth Project Management Standard.

2003, cc. 981, 1021; 2010, cc. 136, 145; 2011, c. 739; 2015, c. 768; 2016, c. 296.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2022. Definitions; purpose.
A. As used in this article, unless the context requires a different meaning, "costs" means the reasonable and customary charges for goods and services incurred or to be incurred.

B. In order for the Commonwealth to take advantage of technological applications in providing services and solving problems of Virginia's citizens, there is a need to invest in new and emerging technologies that will provide for greater efficiencies, better responsiveness, and improved cybersecurity. The purpose of this article is to create the Virginia Technology Infrastructure Fund (the Fund). The Fund shall make moneys available to state agencies and institutions of higher education for information technology projects and services.

1996, cc. 94, 823, §§ 9-145.52, 9-145.53; 1999, cc. 412, 421, 433; 2001, c. 844, § 2.2-1702; 2003, cc. 981, 1021; 2022, cc. 260, 261.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2023. Virginia Technology Infrastructure Fund created; contributions.
A. The Virginia Technology Infrastructure Fund (the Fund) is created in the state treasury. The Fund is to be used to fund information technology projects and services or to pay private partners as authorized in subsection C of § 2.2-2007.

B. The Fund shall consist of: (i) the transfer of general and nongeneral fund appropriations from executive branch agencies which represent savings that accrue from reductions in the cost of information technology and communication services; (ii) the transfer of general and nongeneral fund appropriations from executive branch agencies which represent savings from the implementation of information technology enterprise projects; (iii) funds identified pursuant to subsection C of § 2.2-2007; (iv) such general and nongeneral fund fees or surcharges as may be assessed to executive branch agencies for enterprise technology projects; (v) gifts, grants, or donations from public or private sources; and (vi) such other funds as may be appropriated by the General Assembly. Savings shall be as identified by the CIO through a methodology reviewed by the ITAC and approved by the Secretary of Finance. The Auditor of Public Accounts shall certify the amount of any savings identified by the CIO. For public institutions of higher education, however, savings shall consist only of that portion of total savings that represent general funds. The State Comptroller is authorized to transfer cash consistent with appropriation transfers. Appropriated funds from federal sources are exempted from transfer. Except for funds to pay private partners as authorized in subsection C of § 2.2-2007, moneys in the Fund shall only be expended as provided by the appropriation act.

Interest earned on the Fund shall be credited to the Fund. The Fund shall be permanent and nonreverting. Any unexpended balance in the Fund at the end of the biennium shall not be transferred to the general fund of the state treasury.

1996, cc. 94, 823, §§ 9-145.54, 9-145.55; 2001, c. 844, § 2.2-1703; 2003, cc. 981, 1021; 2010, cc. 136, 145; 2016, c. 296; 2022, cc. 260, 261.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2024. Annual plan; allowable uses of Fund.
The CIO shall prepare a plan that identifies the projects in which the Fund will participate. The plan shall be consistent with the statewide plan for information technology and shall consider the use of existing resources and long-term operation and maintenance costs. Projects having the greatest benefit to state government as a whole shall have the highest priority in the plan.

1996, cc. 94, 823, § 9-145.56; 1999, cc. 412, 421, 433; 2001, c. 844, § 2.2-1704; 2003, cc. 981, 1021; 2009, c. 86.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2025. Repealed.
Repealed by Acts 2020, c. 423, cl. 2.
Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2031. Repealed.
Repealed by Acts 2020, c. 423, cl. 2.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2032. Repealed.
Repealed by Acts 2005, c. 939, cl. 2.

Code of Virginia — Title 2.2 (Administration of Government), Chapter 20.1 (Virginia Information Technologies Agency)
§ 2.2-2033. Repealed.
Repealed by Acts 2010, cc. 136 and 145, cl. 2, effective March 11, 2010.