reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 13 - Benefit Restoration Plan › § 51.1-1301. Benefit restoration plan for employees; administration by the Board

A. The Board shall establish and administer a benefit restoration plan for members. Such plan shall meet the requirements to be treated as a plan established under § 415(m) of the Internal Revenue Code. The Virginia Retirement System Director shall be the chief administrative officer of the plan. The Retirement System is hereby authorized to perform related services including, but not limited to, providing consolidated billing, individual and collective record keeping and accountings, and asset control and safekeeping.
B. The benefit restoration plan shall exist to provide nontaxable benefits to members whose annual benefit is reduced pursuant to subsection B of § 51.1-168. The benefit restoration plan shall be funded from those contributions required under Article 7 (§ 51.1-144 et seq.) of Chapter 1 of this title. If it deems it advisable, the Board may create a trust or other special fund for segregation of the funds or assets relating to a benefit restoration plan established herein.
2001, cc. 681, 692.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 13 - Benefit Restoration Plan › § 51.1-1302. Local benefit restoration plans

The governing body of any county, municipality, authority or other political subdivision of the Commonwealth that does not participate in the retirement system or that maintains a plan that provides supplemental benefits to employees covered by the retirement system may, by ordinance or by resolution adopted by a recorded majority of the members of such governing body, establish for itself and its employees a benefit restoration plan established under § 415 (m) of the Internal Revenue Code and, if it deems it advisable, may create a trust or other special fund for segregation of funds or assets relating to such plan.
2001, cc. 681, 692; 2006, c. 307.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 13 - Benefit Restoration Plan › § 51.1-1303. Standards for benefit restoration plans

No benefit restoration plan shall become effective until the Board, county, municipality or political subdivision of the Commonwealth is satisfied by opinion of its respective counsel, such federal agency or agencies as may be deemed necessary, or otherwise, that the benefits payable under the plan will not be included in the employee's taxable income under federal and state income tax law until it is actually received by or made available to the employee under the terms of the plan.
2001, cc. 681, 692.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 13 - Benefit Restoration Plan › § 51.1-1304. Other retirement, pension systems not affected; annual report

A. Any benefit restoration plan established by this chapter, and any plan adopted hereunder, shall exist and serve in addition to any other retirement, pension or benefit system established by the Commonwealth, its agencies, counties, municipalities or other political subdivisions, and shall not supersede, make inoperative or reduce any benefits provided by the Retirement System or by any other retirement, pension or benefit program established by law.
B. The Retirement System shall submit an annual report to the Governor and the General Assembly annually on or before December 31 advising them of the condition and all operational costs associated with the benefit restoration plan.
2001, cc. 681, 692; 2006, c. 66.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 14 - Health Insurance Credits for Certain Retirees › § 51.1-1402. Health insurance credits for retired local government employees

A. Retired local government employees, other than employees of a local school division who are not teachers as defined in § 51.1-124.3, whose localities have elected to participate in the Virginia Retirement System, including the hybrid retirement program described in § 51.1-169, who have rendered at least 15 years of total creditable service under the System shall receive a health insurance credit to their monthly retirement allowance, which shall be applied to reduce the retired member's health insurance premium cost, provided the retiree's employer elects to participate in the credit program. The amount of each monthly health insurance credit payable under this section shall be $1.50 for each full year of the retired member's creditable service, not to exceed a maximum monthly credit of $45; however, each former member whose retirement was for disability, a participant receiving long-term disability pursuant to § 51.1-1157 or 51.1-1165, or a member of the hybrid retirement program receiving long-term disability pursuant to coverage under subsection A of § 51.1-1153 shall receive a monthly health insurance credit of $45. Eligibility for the credit shall be determined in a manner prescribed by the Virginia Retirement System. Any member who elects to defer his retirement pursuant to subsection C of § 51.1-153 shall be entitled to receive the allowable credit provided by this section on the effective date of his retirement.
B. Those retired employees who purchase an alternative policy from a carrier or organization of their own choosing shall be eligible to receive a credit in the amount specified in subsection C. Eligibility for the credit and payment of the credit shall be determined in a manner prescribed by the Virginia Retirement System.
C. The credit shall be in the amount provided in subsection A or the amount of premium paid for the personal health insurance policy, whichever is less.
D. The cost of the monthly health insurance credit payable under this section shall be borne by the locality.
E. The Virginia Retirement System shall actuarially determine the amount necessary to fund all credits provided under this section, reflect the cost of such credits in the applicable employer contribution rate pursuant to § 51.1-145, and prescribe such terms and conditions as are necessary to carry out the provisions of this section. The costs associated with the administration of the health insurance credit program provided for in this section shall be recovered from the health insurance credit trust fund.
1992, c. 770, § 2.1-20.1:4; 1993, cc. 743, 938; 1995, cc. 612, 734; 1998, cc. 195, 676; 2001, c. 844; 2012, cc. 701, 823; 2020, c. 1091.
2023 Code of Virginia › Title 51.1 - Pensions, Benefits, and Retirement › Chapter 14 - Health Insurance Credits for Certain Retirees › § 51.1-1405. Participation in the state retiree health benefits program

A. As used in this section, unless the context requires a different meaning:
"Involuntarily separated" means separated from state service as the result of any dismissal, requested resignation, or failure to obtain reappointment, excluding a separation resulting from a conviction for a felony or crime involving moral turpitude or dishonesty or a separation related to the job performance or misconduct of the state employee.
"Retiree health benefits program" or "program" means the plan for providing health insurance coverage for retired state employees provided pursuant to subsection E of § 2.2-2818.
"State employee" means the same as that term is defined in § 2.2-2818.
"State retiree" means a state employee retired under the Virginia Retirement System, State Police Officers' Retirement System, Judicial Retirement System, Virginia Law Officers' Retirement System, or any retirement system authorized pursuant to § 51.1-126, 51.1-126.5, or 51.1-169 who is eligible to receive a monthly retirement annuity from that retirement system.
B. A state retiree shall be eligible to participate in the retiree health benefits program only if he makes an election to participate in the program within 31 days following the date of termination of employment with the Commonwealth. A retired state employee who fails to elect to participate in the state health plan within 31 days of the effective date of retirement, or who, once having elected to participate, discontinues participation, is barred from participating in the state health plan thereafter.
C. Any state retiree who was involuntarily separated who on July 1, 1999, is participating in the retiree health benefits program and is receiving monthly retirement annuity payments may elect, by notifying the Virginia Retirement System and the Department of Human Resource Management before September 1, 1999, to cease receiving monthly retirement annuity payments until reapplying for such benefits at a later date and to continue participation in the retiree health benefits program.
1999, cc. 980, 984, § 2.1-20.1:6; 2000, cc. 66, 657, 911; 2001, c. 844; 2011, c. 722; 2012, cc. 701, 823.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 1 - Declaration of Policy; Plan of Cooperation › § 51.5-1. Declaration of policy

It is the policy of the Commonwealth to encourage and enable persons with disabilities to participate fully and equally in the social and economic life of the Commonwealth and to engage in remunerative employment. To these ends, the General Assembly directs the Governor; the Virginia Board for People with Disabilities; the Departments of Education, Health, Housing and Community Development, Behavioral Health and Developmental Services, and Social Services; the Departments for Aging and Rehabilitative Services, the Blind and Vision Impaired, and the Deaf and Hard-of-Hearing; and such other agencies as the Governor deems appropriate to provide, in a comprehensive and coordinated manner that makes the best use of available resources, those services necessary to assure equal opportunity to persons with disabilities in the Commonwealth.
The provisions of this title shall be known and may be cited as "The Virginians with Disabilities Act."
1985, c. 421, § 51.01-1; 1990, c. 458; 1991, c. 563; 2002, c. 572; 2009, cc. 813, 840; 2012, cc. 803, 835; 2013, c. 571.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 7 - Virginia Board for People with Disabilities › § 51.5-31. Board created

There shall be a Virginia Board for People with Disabilities, responsible to the Secretary of Health and Human Resources. The Board shall be composed of 40 members, to include the head or a person designated by the head of the Department for Aging and Rehabilitative Services, Department for the Deaf and Hard-of-Hearing, Department of Education, Department of Medical Assistance Services, Department of Behavioral Health and Developmental Services, Department of Health, and Department for the Blind and Vision Impaired; one representative of the protection and advocacy entity; one representative of the university center for excellence in developmental disabilities; one representative each, to be appointed by the Governor, of a local governmental agency, a manufacturing or a retailing industry, a high-technology industry, a public transit interest, and a nongovernmental agency or group of agencies concerned with services for persons with developmental disabilities; a banking executive; one person with disabilities other than developmental disabilities; and 24 persons with developmental disabilities, parents or guardians of children with developmental disabilities, or immediate relatives or guardians of adults with cognitive developmental disabilities who cannot advocate for themselves. Of the last 24 persons, one-third shall be persons with developmental disabilities; one-third shall be a combination of (i) parents or guardians of children with developmental disabilities and (ii) immediate relatives or guardians of adults with cognitive developmental disabilities who cannot advocate for themselves; and one-third shall be a combination of (a) persons with developmental disabilities, (b) parents or guardians of children with developmental disabilities, and (c) immediate relatives or guardians of adults with cognitive developmental disabilities who cannot advocate for themselves. At least one person shall be either (1) an immediate relative or guardian of a person who resides in or previously resided in an institution or (2) a person with a developmental disability who previously resided in an institution. Such persons shall not be employees of the Virginia Board for People with Disabilities or "managing employees," as defined by the Social Security Act (42 U.S.C. § 1320a-5), of any other entity that receives funds or provides services under Subtitle B of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (P.L. 106-402).
Each member appointed by the Governor shall be appointed for a four-year term. Members so appointed shall be subject to removal at the pleasure of the Governor. Any vacancy other than by expiration of a term shall be filled for the unexpired term. No person appointed by the Governor shall serve for more than two successive terms.
The Board shall elect its chairman.
1985, c. 421, § 51.01-31; 1989, c. 133; 1990, c. 458; 1992, c. 627; 2001, cc. 526, 546; 2003, c. 501; 2009, cc. 813, 840; 2012, cc. 803, 835; 2015, c. 523; 2023, c. 190.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 7 - Virginia Board for People with Disabilities › § 51.5-32. Meetings; compensation

The Board shall meet and report at least quarterly to the Secretary of Health and Human Resources.
Members of the Board shall receive no compensation for their services. Representatives appointed by the Governor shall be paid their necessary expenses incurred in the performance of their duties.
1985, c. 421, § 51.01-32.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 7 - Virginia Board for People with Disabilities › § 51.5-33. Powers and duties

The Board shall have the following powers and duties:
1. To advise the Secretary of Health and Human Resources and Governor on issues and problems of interest to persons with disabilities and on such other matters as either the Secretary or the Governor may request;
2. Beginning July 1, 2017, to submit an annual report to the Governor, through the Secretary of Health and Human Resources, that provides an in-depth assessment of at least two major service areas for people with disabilities, to be determined by the Board, that (i) includes a description of critical issues and trend analyses, (ii) identifies the needs of persons with developmental and related disabilities, (iii) evaluates the effectiveness of services provided by state-supported programs, and (iv) makes programmatic and fiscal recommendations for improving services and supports. Once every four years, the Board shall make available to the public all the service areas it intends to review over the following four years and shall ensure that each of these service areas is reviewed at least once within such period.
3. To serve as the State Council on Developmental Disabilities for the administration of certain federal public health and welfare laws as provided in 42 U.S.C. § 15001;
4. To perform all duties and exercise all powers designated by federal law for such state councils on developmental disabilities, including the responsibility for planning activities on behalf of all developmentally disabled persons in the Commonwealth; for receiving, accounting for and disbursing federal funds; for developing and approving the state plan; and for monitoring and evaluating the implementation of such plan for the provision of services and facilities for persons with developmental disabilities;
5. To be responsible for obtaining information and data from within the Commonwealth, and from time to time, but not less than annually, to review and evaluate the state plan and submit such state plan, and revisions thereto, to the Governor and to the U.S. Secretary of Health and Human Services;
6. To hire and supervise the Director of the Board and prescribe his duties, including:
a. Hiring such staff and obtaining the service of such professional, technical, and clerical personnel necessary to carry out the Board's powers and duties; and
b. Accepting gifts and grants on behalf of the Commonwealth, in furtherance of the purpose of this Board.
1985, c. 421, § 51.01-33; 1990, c. 458; 1992, c. 627; 1995, c. 34; 2009, c. 516; 2012, cc. 803, 835; 2015, c. 523; 2016, c. 219.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 8.1 - Protection and Advocacy Services › § 51.5-39.13. Conversion of the Virginia Office for Protection and Advocacy to a nonprofit entity

A. Not later than December 31, 2013, the Director, in consultation with the Board, shall establish a nonprofit entity to provide advocacy, legal, and ombudsman services to persons with disabilities. Such nonprofit entity shall be established in such a manner that the entity is in compliance with all federal law regarding a protection and advocacy system. Such nonprofit entity shall be designated as the agency to protect and advocate for the rights of persons with mental, cognitive, sensory, physical, or other disabilities and to receive federal funds on behalf of the Commonwealth of Virginia to implement the federal Protection and Advocacy for Individuals with Mental Illness Act, the federal Developmental Disabilities Assistance and Bill of Rights Act, the federal Rehabilitation Act, the Virginians with Disabilities Act (§ 51.5-1 et seq.), and such other related programs as may be established in state or federal law.
B. Not later than January 1, 2014, the Governor shall designate the nonprofit entity established pursuant to subsection A to serve as the state's protection and advocacy system, and such nonprofit entity shall thereafter be known as the disAbility Law Center of Virginia.
C. Employees of the Virginia Office for Protection and Advocacy who transition to employment with the organization designated pursuant to subsection B shall not be subject to the provisions of the Workforce Transition Act (§ 2.2-3200 et seq.).
2012, c. 847; 2013, c. 571.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 9 - Rights of Persons with Disabilities › § 51.5-40. Nondiscrimination under state grants and programs

No person with a disability who is otherwise qualified shall on the basis of his disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving state financial assistance or under any program or activity conducted by or on behalf of any state agency.
1985, c. 421, § 51.01-40; 1990, c. 458; 1992, c. 627; 2002, c. 572; 2012, c. 847; 2014, c. 616.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 9 - Rights of Persons with Disabilities › § 51.5-40.1. Definitions

As used in this chapter, unless the context requires a different meaning:
"Hearing dog" means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond.
"Mental impairment" means (i) a disability attributable to intellectual disability, autism, or any other neurological disability closely related to intellectual disability and requiring treatment similar to that required by individuals with intellectual disability or (ii) an organic or mental impairment that has substantial adverse effects on an individual's cognitive or volitional functions, including central nervous system disorders or significant discrepancies among mental functions of an individual.
"Mobility-impaired person" means any person who (i) is unable to move about without the aid of crutches, a wheelchair, or any other form of support or (ii) has limited functional ability to ambulate, climb, descend, sit, rise, or perform any related function.
"Otherwise disabled person" means any person who has a physical, sensory, intellectual, developmental, or mental disability or a mental illness.
"Person with a disability" means any person who has a physical or mental impairment that substantially limits one or more of his major life activities or who has a record of such impairment.
"Physical impairment" means any physical condition, anatomic loss, or cosmetic disfigurement that is caused by bodily injury, birth defect, or illness.
"Service dog" means a dog trained to do work or perform tasks for the benefit of a mobility-impaired or otherwise disabled person. The work or tasks performed by a service dog shall be directly related to the individual's disability or disorder. Examples of work or tasks include providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting an individual to the presence of allergens, retrieving items, carrying items, providing physical support and assistance with balance and stability, and preventing or interrupting impulsive or destructive behaviors. The provision of emotional support, well-being, comfort, or companionship shall not constitute work or tasks for the purposes of this definition.
"Three-unit service dog team" means a team consisting of a trained service dog, a person with a disability, and a person who is an adult and who has been trained to handle the service dog.
2012, cc. 476, 507, 803, 835; 2014, c. 616; 2023, cc. 148, 149, 513.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 9 - Rights of Persons with Disabilities › § 51.5-42. Discrimination against otherwise qualified persons with disabilities by educational institutions prohibited

A. No public educational institution or private educational institution, or agent of either, that is a recipient of state funds shall deny admission to the institution, or full and equal access to and enjoyment of any of its educational or extracurricular programs, to an otherwise qualified person with a disability because of such disability. For purposes of this section, an "otherwise qualified person with a disability" means a person with a disability who meets the requirements for admission to the institution and for participation in its programs and whose disability is unrelated to the person's ability to utilize and benefit from educational opportunities, programs, and facilities at the educational institution.
B. This section shall not apply to any public or private educational institution that is subject to the requirements of § 22.1-215 nor to any private elementary or secondary school or institution of higher education that is not a recipient of state funds.
1985, c. 421, § 51.01-42; 2014, c. 616.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 9 - Rights of Persons with Disabilities › § 51.5-43. Discrimination against qualified persons with disabilities in exercising right to vote prohibited

No person with a disability who is otherwise entitled to vote under the provisions of § 24.2-400 and who is not disqualified from voting under the provisions of § 24.2-101 shall be denied the opportunity to register or vote in this Commonwealth because of such disability. However, nothing in this section shall be construed to require the release of patients from any state hospital as defined in § 37.2-100 or prisoners of any state correctional facility as defined in § 53.1-1 for purposes of registering to vote or voting.
1985, c. 421, § 51.01-43.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 9 - Rights of Persons with Disabilities › § 51.5-44.1. Fraudulent representation of a service dog or hearing dog; penalty

Any person who knowingly and willfully fits a dog with a harness, collar, vest, or sign, or uses an identification card commonly used by a person with a disability, in order to represent that the dog is a service dog or hearing dog to fraudulently gain public access for such dog pursuant to provisions in § 51.5-44 is guilty of a Class 4 misdemeanor.
2016, c. 575.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 9 - Rights of Persons with Disabilities › § 51.5-45. Right of persons with disabilities to housing accommodations

A. All persons with disabilities unrelated to their ability to acquire, rent, or maintain property shall be entitled to full and equal opportunity to acquire, as other members of the general public, any housing accommodations offered for sale, rent, lease, or compensation, subject to the conditions and limitations established by law and applying alike to all persons. "Housing accommodations" for the purpose of this section means any real property, or portion thereof, which is used or occupied or is intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more human beings but does not include any single family residence the occupant or owner of which rents, leases, or furnishes for compensation not more than one room therein.
B. Every visually impaired person who has a guide dog, every person who is deaf or hard of hearing and has a hearing dog, and every mobility-impaired or otherwise disabled person with a service dog shall be entitled to full and equal access with such dog to all housing accommodations provided for in this section. He shall not be required to pay extra compensation for such dog but shall be liable for any damage done to the premises by such dog.
C. Nothing in this section shall require any person offering for sale, renting, leasing, or providing for compensation real property to modify that real property or provide a higher degree of care for a person with a disability than for a person who is not disabled, except as provided in § 36-99.5, nor shall anything in this section require any person who is selling, renting, leasing, or providing for compensation real property to sell, rent, lease, or provide such property to any person who would constitute a direct threat to the property or safety of others.
Code 1950, § 63.1-171.7; 1972, c. 156; 1979, c. 207; 1984, c. 753; 1985, c. 421, § 51.01-45; 1987, c. 500; 2014, c. 616; 2019, c. 288.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 9 - Rights of Persons with Disabilities › § 51.5-46. Remedies

A. Any circuit court having jurisdiction and venue pursuant to Title 8.01, on the petition of any person with a disability, shall have the right to enjoin the abridgement of rights set forth in this chapter and to order such affirmative equitable relief as is appropriate and to award compensatory damages and to award to a prevailing party reasonable attorney fees, except that a defendant shall not be entitled to an award of attorney fees unless the court finds that the claim was frivolous, unreasonable or groundless, or brought in bad faith. Compensatory damages shall not include damages for pain and suffering. Punitive damages shall not be awarded.
B. An action may be commenced pursuant to this section any time within one year of the occurrence of any violation of rights under this chapter. However, such action shall be forever barred unless such claimant or his agent, attorney or representative has commenced such action or has filed by registered mail a written statement of the nature of the claim with the potential defendant or defendants within 180 days of the occurrence of the alleged violation. Any liability for back pay shall not accrue from a date more than 180 days prior to the filing of the notice or the initial pleading in such civil action and shall be limited to a total of 180 days, reduced by the amount of other earnings over the same period. The petitioner shall have a duty to mitigate damages.
C. The relief available for violations of this chapter shall be limited to the relief set forth in this section.
1985, c. 421, § 51.01-46; 1990, c. 458; 1992, c. 627; 2002, c. 572; 2005, c. 681; 2013, c. 571; 2015, c. 710.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 11 - Assistive Technology Loan Fund Authority › § 51.5-53. Definitions

As used in this chapter, unless the context clearly requires a different meaning:
"Assistive technology" means any item, piece of equipment or device that enables an individual with a disability to improve his or her independence and quality of life.
"Authority" means the Assistive Technology Loan Fund Authority established pursuant to this chapter.
"Board" means the Board of Directors of the Assistive Technology Loan Fund Authority.
"Bonds" means notes, bonds, certificates, and other evidence of indebtedness or obligation of the Authority.
"Fund" means the Assistive Technology Loan Fund established pursuant to this chapter.
"Qualifying borrower" means any person who demonstrates that a loan made pursuant to this chapter will assist one or more persons with disabilities to improve their independence or become more productive members of the community. The person must demonstrate creditworthiness and repayment abilities to the satisfaction of the Board.
1995, c. 812; 2004, c. 728.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 11 - Assistive Technology Loan Fund Authority › § 51.5-54. Declaration of purpose; Assistive Technology Loan Fund Authority established

A. It is hereby found and determined by the General Assembly that there exists in the Commonwealth a need to provide assistance with loans and in the purchase of assistive technology equipment, or other equipment, which is designed to enable persons with disabilities to become more independent or more productive members of the community with an improved quality of life.
B. To achieve the objectives of subsection A, the Assistive Technology Loan Fund Authority is hereby created, with such powers and duties as are set forth in this chapter, as a public body corporate and as a political subdivision of the Commonwealth.
1995, c. 812; 2002, c. 19.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 11 - Assistive Technology Loan Fund Authority › § 51.5-55. Membership of Board; terms, compensation, and expenses

A. All powers, rights and duties conferred by this chapter or other provisions of law upon the Authority shall be exercised by the Board of Directors of the Authority. The Board shall consist of 12 members as follows: the Secretary of Health and Human Resources or his designee; an employee of the Wilson Workforce and Rehabilitation Center; an experienced consumer lender; a certified public accountant; two persons with investment finance experience; and six persons with a range of disabilities. The citizen members shall be appointed by the Governor and confirmed by the General Assembly. The Board shall annually elect a chairman from among its members. Board members shall receive no salaries but shall be reimbursed for all reasonable and necessary expenses incurred by them in the performance of their duties on behalf of the Authority.
B. The 10 citizen members of the Board shall be appointed for four-year terms, except that appointments to fill vacancies shall be made for the unexpired terms. Representatives of state agencies shall serve coincident with the term of the Governor. No member appointed by the Governor shall be eligible to serve more than two complete terms in succession.
C. Meetings of the members of the Board shall be held at the call of the chairman or whenever six members so request. The Board may delegate to a loan committee of at least six members the authority to review and approve or deny loan applications based upon information provided to or obtained by the Board, in accordance with criteria established by the Board. In any event, the Board shall meet as necessary to attend to the business of the Authority.
1995, c. 812; 1996, c. 930; 2000, cc. 21, 294; 2002, c. 19; 2012, c. 483; 2015, c. 542.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 11 - Assistive Technology Loan Fund Authority › § 51.5-57. Assistive Technology Loan Fund established

A. There is hereby established a permanent and perpetual fund to be known as the Assistive Technology Loan Fund, consisting of such moneys as may be appropriated by the General Assembly from time to time, gifts, bequests, endowments or grants from the United States government, its agencies and instrumentalities, all receipts by the Fund from loans made by it, all income from the investment of moneys held in the Fund, and any other available sources of funds, public and private. Any moneys remaining in the Fund at the end of a biennium shall not revert to the general fund but shall remain in the Fund. Interest and income earned from the investment of such funds shall remain in the Fund and be credited to it.
B. The Fund shall be used to provide loans to individuals with disabilities within the Commonwealth for the purpose of acquiring assistive technology, other equipment, or other authorized purposes designed to help such individuals become more independent. The Fund shall also be used to buy down interest rates of lending institutions making such loans and provide a loan guarantee for loans made by lending institutions for such purposes. The Fund shall be used only when, in the discretion of the Board, loan applicants have met eligibility criteria and the release of money is deemed appropriate.
C. The Fund shall be administered and managed by the Authority. The costs and expenses of maintaining, servicing and administering the Fund may be paid out of amounts in the Fund.
1995, c. 812; 2002, c. 19.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 11 - Assistive Technology Loan Fund Authority › § 51.5-58. Provision of loans

A. The Board may enter into loan agreements with any qualifying borrower who demonstrates (i) that the loan will be used to acquire assistive technology, other equipment, or other authorized purposes designed to help one or more persons with disabilities to improve their independence or become more productive members of the community and (ii) who has the ability to repay the loan.
B. The amount and terms of any loan shall be determined by the Board.
C. All loans must be repaid on such terms and at such interest rates as the Board may, from time to time, determine to be appropriate in accordance with a procedure prescribed by regulations adopted pursuant to the Administrative Process Act (§ 2.2-4000 et seq.).
1995, c. 812; 2002, c. 19.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 11 - Assistive Technology Loan Fund Authority › § 51.5-59. Annual report; Auditor of Public Accounts to audit books and accounts

The Board shall submit an annual report that includes a statement of the receipts, disbursements, and current investments of the Fund for the preceding year to the Governor and the General Assembly. The report shall set forth a complete operating and financial statement covering the operation of the Fund during the year, including any loan fund or loan guarantee fund the Authority administers or manages. The Auditor of Public Accounts or his legally authorized representatives shall audit the books and accounts of the Authority and any loan fund or loan guarantee fund the Authority administers or manages as determined necessary by the Auditor of Public Accounts.
1995, c. 812; 2006, cc. 344, 380; 2018, cc. 57, 307.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-60. Definitions

As used in this chapter, unless the context requires a different meaning:
"Blind person" means a person who has central visual acuity of 20/200 or less in the better eye, as measured with best correction, or a limitation in the field of vision of the better eye, such that the widest diameter of the visual field subtends an angle of 20 degrees or less.
"Board" means the Board for the Blind and Vision Impaired.
"Business enterprise" means any business other than a vending stand.
"Commissioner" means the Commissioner of the Department for the Blind and Vision Impaired.
"Custodian" means any person or group of persons having the authority to grant permission for the installation and operation of vending stands and other business enterprises.
"Department" means the Department for the Blind and Vision Impaired.
"Direct labor" means all work required for the preparation, processing and assembling of goods or articles including the packaging and packing thereof, but not including time spent in the supervision, administration, inspection and shipping of such operations, or in the production of component materials by other than blind persons.
"Goods or articles made by blind persons" means goods or articles in the manufacture of which not less than seventy-five percent of the total hours of direct labor is performed by a blind person or persons.
"Nominee" means any nonprofit corporation familiar with work for the blind and in the placement of the blind.
"Public and private buildings and other properties throughout the Commonwealth" means (i) buildings, land, or other property owned by or leased to the Commonwealth other than rights-of-way for interstate highways or (ii) buildings, land, or other property owned by or leased to a political subdivision, including a municipality, or a corporation or individual.
"Vending machine" means a coin or currency operated machine that dispenses articles or services, except that those machines operated by the United States Postal Service for the sale of postage stamps or other postal products and services, machines providing services of a recreational nature, and telephones shall not be considered to be vending machines.
"Vending stand" means an installation in any public or private building for the sale of newspapers, periodicals, confections, tobacco products, soft drinks, ice cream, wrapped foods and such other articles as may be approved by the custodian thereof and the Department.
Code 1950, §§ 63-204.1, 63-204.25; 1954, c. 71; 1966, c. 169; 1968, c. 578, §§ 63.1-142, 63.1-166; 1970, c. 50; 1980, c. 4, § 63.1-69.1; 1984, c. 498; 1985, c. 255; 1988, c. 126; 1990, c. 385, § 63.1-75.1; 1992, c. 755; 1993, c. 923; 2000, c. 498; 2002, c. 747; 2019, c. 88.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-61. Appointment, terms and qualifications of members of Board; eligibility for reappointment; quorum

The Board for the Blind and Vision Impaired is continued. The Board shall consist of seven members who shall be appointed by the Governor for terms of four years. No person shall be eligible to serve more than two successive terms, provided that a person heretofore or hereafter appointed to fill a vacancy may serve two additional successive terms. Vacancies occurring on the Board shall be filled by the Governor for the unexpired term. All appointments hereunder shall be made without reference to party affiliations, but solely on account of the fitness of the appointees to discharge their duties as members of the Board. The membership of the Board, however, shall at all times include four persons who are blind. Four members of the Board shall constitute a quorum for the transaction of any lawful business. Annually, the Board shall elect one of its blind members as chairman, who shall preside at its meetings and shall have power to call meetings when he deems it advisable.
Code 1950, §§ 63-162, 63-163; 1954, c. 71; 1962, c. 161; 1966, c. 43; 1968, c. 578, §§ 63.1-68, 63.1-69; 1980, c. 4; 1984, c. 498; 1988, c. 125; 1995, c. 392; 2000, c. 498; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-62. Powers and duties of Board; form of materials

A. The Board shall exercise the following general powers and duties:
1. Advise the Governor, the Secretary of Health and Human Resources, the Commissioner, and the General Assembly on the delivery of public services to and the protection of the rights of persons with disabilities on matters relating to this title, and on such other matters as the Governor, Secretary, Commissioner, or the General Assembly may request; and
2. Review and comment on policies, budgets and requests for appropriations for the Department prior to their submission to the Secretary of Health and Human Resources and the Governor and on applications for federal funds.
B. Material submitted by the Commissioner for review and comment by the Board, when practicable, shall be in the medium or format suitable for review by each member of the Board.
1992, c. 755, § 63.1-68.1; 1995, c. 392; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-63. Board to administer institutional fund

The Board is authorized to create and hold an institutional fund for its exclusive use and purposes into which it may deposit the proceeds of any gift, grant, bequest, allotment, or devise of any nature received from private sources. Such fund shall be subject to the Uniform Prudent Management of Institutional Funds Act (§ 64.2-1100 et seq.). The fund and the income from such fund shall not be subject to the provisions of § 2.2-1802. The availability of such fund shall not be taken into consideration in, nor used to reduce, state appropriations or payments, but such funds shall be used in accordance with the wishes of the donors thereof to strengthen the services rendered to the blind and vision impaired of this Commonwealth.
Code 1950, § 63-167.1; 1966, c. 259; 1968, c. 578, § 63.1-74; 1980, c. 4; 1989, c. 267; 1992, c. 755; 2002, c. 747; 2008, c. 184.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-64. Commissioner of Department; personnel

The supervision of the Department shall be the responsibility of the Commissioner of the Department under the direction and control of the Governor. The Commissioner shall be appointed by the Governor, subject to confirmation by the General Assembly, to serve at the pleasure of the Governor. The Commissioner of the Department shall employ such personnel as may be required to carry out the purposes of this chapter.
Code 1950, §§ 63-162, 63-163; 1954, c. 71; 1962, c. 161; 1966, c. 43; 1968, c. 578, §§ 63.1-68, 63.1-69; 1980, c. 4; 1984, c. 498; 1988, c. 125; 1995, c. 392; 2000, c. 498; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-65. Functions, duties and powers of Commissioner

In addition to the functions, duties and powers conferred and imposed upon the Commissioner by other provisions of law, he shall:
1. Ensure that the provisions of this chapter are properly administered;
2. Assist and cooperate with local authorities in the administration of this chapter;
3. Prescribe the form of applications, reports, affidavits and such other forms as shall be required in the administration of this chapter and the required schedule for submission thereof;
4. Cooperate with the federal Department of Education and other agencies of the United States in relation to matters set forth in this chapter; and
5. Adopt regulations to carry out the applicable provisions of this chapter.
Code 1950, § 63-178; 1968, c. 578, § 63.1-85; 1975, c. 524; 1980, c. 4; 1984, cc. 498, 781; 1992, c. 755; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-66. Authority to receive grants-in-aid and gifts

The Department is authorized to receive, for and on behalf of the Commonwealth and its subdivisions, from the United States and agencies thereof, and from any and all other sources, gifts and grants-in-aid, made for the purpose of providing, or to assist in providing, services to the blind or vision impaired, including expenses of administration.
The Department is designated as a state agency for the purpose of cooperating with the federal government in carrying out the provisions and purposes of federal laws providing for the vocational rehabilitation and other rehabilitation of eligible blind and vision impaired persons. The Department is authorized and directed to cooperate with the federal government in the administration of such laws of Congress; to prescribe and provide such courses of career and technical education and other services as may be necessary for the rehabilitation of blind and vision impaired persons and provided for the supervision of such training and services; and to direct the disbursement and administer the use of all funds provided by the federal government to this Commonwealth for the vocational rehabilitation and other rehabilitation of such persons. All such funds shall be paid into the state treasury.
Code 1950, §§ 63-167.1, 63-176; 1966, c. 259; 1968, c. 578, §§ 63.1-74, 63.1-83; 1975, c. 524; 1979, c. 130; 1980, c. 4; 1984, c. 781; 1989, c. 267; 1992, c. 755; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-67. Donation of equipment

The Department shall retain title to items of nonexpendable equipment purchased by the Department for individuals or groups of individuals, in accordance with this chapter and the federal Rehabilitation Act, while such equipment has an undepreciated monetary value. Once the equipment has reached a depreciated value of zero, the Department may donate the equipment to the individual or group of individuals then authorized to use it by the Department. The donation shall be consistent with the public purpose of promoting the rehabilitation of persons with disabilities. The Department, in concert with the Department of Accounts, shall establish criteria for depreciation of such equipment in accordance with generally accepted principles and maintain depreciation records. The Department shall report a donation pursuant to this section to the Division of Purchases and Supply and to the Auditor of Public Accounts. Nothing in this section shall be construed to excuse the Department from complying with § 2.2-1124 except for equipment donated pursuant to this section.
1989, c. 267, § 63.1-83.1; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-70. Establishment of standards of personnel and service

The Department shall, as to matters relating to rehabilitation of the blind or vision impaired, establish minimum standards of service and personnel based upon training, experience and general ability for the personnel employed by the Department and the Commissioner in the administration of this chapter and adopt necessary regulations to maintain such standards, including such regulations as may be embraced in the development of a system of personnel administration meeting requirements of the federal Department of Education.
Code 1950, § 63-172; 1968, c. 578, § 63.1-79; 1975, c. 524; 1980, c. 4; 1984, cc. 498, 781; 1992, c. 755; 2002, c. 747.
2023 Code of Virginia › Title 51.5 - Persons with Disabilities › Chapter 12 - Persons Who Are Blind and Vision Impaired › § 51.5-71. State Rehabilitation Council for the Blind and Vision Impaired created

The State Rehabilitation Council for the Blind and Vision Impaired is hereby created to provide advice to the Department for the Blind and Vision Impaired regarding vocational services provided pursuant to Title I and Title VI of the federal Rehabilitation Act. Membership and duties shall be constructed according to federal provisions.
1994, c. 81, § 63.1-70.1; 2000, c. 498; 2002, cc. 46, 747.