Text of VA SB 163 (2024)

24104941D SENATE BILL NO. 163 Offered January 10, 2024 Prefiled January 6, 2024 A BILL to amend and reenact §§2.2-507, 2.2-1176, and 15.2-6019 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 15.2-6019.1, 15.2-6020.1, and 15.2-6020.2 relating to the Southwest Regional Recreation Authority; powers. ---------- Patron-- Hackworth ---------- Referred to Committee on Local Government ---------- Be it enacted by the General Assembly of Virginia: 1. That §§2.2-507, 2.2-1176, and 15.2-6019 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 15.2-6019.1, 15.2-6019.2, 15.2-6020.1, and 15.2-6020.2 as follows: §2.2-507. Legal service in civil matters. A. All legal service in civil matters for the Commonwealth, the Governor, and every state department, institution, division, commission, board, bureau, agency, entity, official, court, or judge, including the conduct of all civil litigation in which any of them are interested, shall be rendered and performed by the Attorney General, except as provided in this chapter and except for any litigation concerning a justice or judge initiated by the Judicial Inquiry and Review Commission. No regular counsel shall be employed for or by the Governor or any state department, institution, division, commission, board, bureau, agency, entity, or official. The Attorney General may represent personally or through one or more of his assistants any number of state departments, institutions, divisions, commissions, boards, bureaus, agencies, entities, officials, courts, or judges that are parties to the same transaction or that are parties in the same civil or administrative proceeding and may represent multiple interests within the same department, institution, division, commission, board, bureau, agency, or entity. The soil and water conservation district directors or districts may request legal advice from local, public, or private sources; however, upon request of the soil and water conservation district directors or districts, the Attorney General shall provide legal service in civil matters for such district directors or districts. B. The Attorney General may represent personally or through one of his assistants any of the following persons who are made defendant in any civil action for damages arising out of any matter connected with their official duties: 1. Members, agents, or employees of the Virginia Alcoholic Beverage Control Authority; 2. Agents inspecting or investigators appointed by the State Corporation Commission; 3. Agents, investigators, or auditors employed by the Department of Taxation; 4. Members, agents, or employees of the State Board of Behavioral Health and Developmental Services, the Department of Behavioral Health and Developmental Services, the State Board of Health, the State Department of Health, the Department of General Services, the State Board of Social Services, the Department of Social Services, the State Board of Local and Regional Jails, the Department of Corrections, the State Board of Juvenile Justice, the Department of Juvenile Justice, the Virginia Parole Board, or the Department of Agriculture and Consumer Services; 5. Persons employed by the Commonwealth Transportation Board, the Department of Transportation, or the Department of Rail and Public Transportation; 6. Persons employed by the Commissioner of Motor Vehicles; 7. Persons appointed by the Commissioner of Marine Resources; 8. Police officers appointed by the Superintendent of State Police; 9. Conservation police officers appointed by the Department of Wildlife Resources; 10. Hearing officers appointed to hear a teacher's grievance pursuant to §22.1-311; 11. Staff members or volunteers participating in a court-appointed special advocate program pursuant to Article 5 (§9.1-151 et seq.) of Chapter 1 of Title 9.1; 12. Any emergency medical services agency that is a licensee of the Department of Health in any civil matter and any guardian ad litem appointed by a court in a civil matter brought against him for alleged errors or omissions in the discharge of his court-appointed duties; 13. Conservation officers of the Department of Conservation and Recreation; or 14. Members, agents, or employees of the Southwest Regional Recreation Authority; or 15. A person appointed by written order of a circuit court judge to run an existing corporation or company as the judge's representative, when that person is acting in execution of a lawful order of the court and the order specifically refers to this section and appoints such person to serve as an agent of the Commonwealth. Upon request of the affected individual, the Attorney General may represent personally or through one of his assistants (i) any basic or advanced emergency medical care attendant or technician possessing a valid certificate issued by authority of the State Board of Health in any civil matter in which a defense of immunity from liability is raised pursuant to § 8.01-225 or (ii) any member of the General Assembly in any civil matter alleging that such member in his official capacity violated the Virginia Freedom of Information Act (§2.2-3700 et seq.) pursuant to §2.2-3713 or 2.2-3714. C. If, in the opinion of the Attorney General, it is impracticable or uneconomical for such legal service to be rendered by him or one of his assistants, he may employ special counsel for this purpose, whose compensation shall be fixed by the Attorney General. The compensation for such special counsel shall be paid out of the funds appropriated for the administration of the board, commission, division, or department being represented or whose members, officers, inspectors, investigators, or other employees are being represented pursuant to this section. Notwithstanding any provision of this section to the contrary, the Supreme Court may employ its own counsel in any matter arising out of its official duties in which it, or any justice, is a party. D. Nothing herein shall limit the powers granted in § 16.1-88.03. §2.2-1176. Approval of purchase, lease, or contract rental of motor vehicle. A. No motor vehicle shall be purchased, leased, or subject to a contract rental with public funds by the Commonwealth or by any officer or employee on behalf of the Commonwealth without the prior written approval of the Director. No lease or contract rental shall be approved by the Director except upon demonstration that the cost of such lease or contract rental plus operating costs of the vehicle shall be less than comparable costs for a vehicle owned by the Commonwealth. Notwithstanding the provisions of this subsection, the Virginia Department of Transportation shall be exempted from the approval of purchase, lease, or contract rental of motor vehicles used directly in carrying out its maintenance, operations, and construction programs. B. Notwithstanding other provisions of law, on or before January 1, 2012, the Director, in conjunction with the Secretary of Administration and the Secretary of Natural and Historic Resources, shall establish a plan providing for the replacement of state-owned or operated vehicles with vehicles that operate using natural gas, electricity, or other alternative fuels, to the greatest extent practicable, considering available infrastructure, the location and use of vehicles, capital and operating costs, and potential for fuel savings. The plan shall be submitted to the Governor for his review and approval. Once the plan is approved by the Governor, the Director shall implement the plan for the centralized fleet. All state agencies and institutions shall cooperate with the Director in developing and implementing the plan. C. Notwithstanding any other provision of law, the Director may lease motor vehicles and construction and forestry equipment to the Southwest Regional Recreation Authority created pursuant to Chapter 60.1 (§15.2-6016 et seq.) of Title 15.2. §15.2-6019. Meetings; decisions of board; compensation. A. The board shall meet quarterly, unless a special meeting is called by its chairman. A majority of the Authority board shall constitute a quorum. Decisions of the Authority shall require a quorum of the board and shall be in accordance with voting procedures established by the Authority board. B. The board shall prescribe, amend, and repeal bylaws and rules governing the manner in which the business of the Authority is conducted and shall review and approve an annual budget. The board shall appoint an executive director to act as its chief executive officer, to serve at the will and pleasure of the board. The board, acting through its executive director, may employ any other personnel considered necessary and may appoint counsel and legal staff for the Authority and retain such temporary engineering, financial, and other consultants or technicians as may be required for any special study or survey consistent with the provisions of this chapter. The executive director shall carry out plans to implement the provisions of this chapter and to exercise those powers enumerated in the bylaws. The executive director shall prepare annually a budget to be submitted to the board for its review and approval. C. All costs incidental to the administration of the Authority, including office expenses, personal services expense, and current expense, shall be paid in accordance with guidelines issued by the board from funds accruing to the Authority. D. All expenses incurred in carrying out the provisions of this chapter shall be payable solely from funds provided under this chapter, and no liability or obligation may be incurred by the Authority under this chapter beyond the extent to which moneys have been provided under the authority of this chapter. §15.2-6019.1. Appointment of chief executive officer; powers. A. The board shall appoint an executive director to act as its chief executive officer, to serve at the will and pleasure of the board. The board, acting through its executive director, may employ any other personnel considered necessary and retain such temporary engineering, financial, and other consultants or technicians as may be required for any special study or survey consistent with the provisions of this chapter. The provisions of the Virginia Personnel Act (§2.2-2900 et seq.) and the policies of the Department of Human Resource Management shall apply to employees of the Authority. B. The executive director shall carry out plans to implement the provisions of this chapter and to exercise those powers enumerated in the bylaws. The executive director shall prepare annually a budget to be submitted to the board for its review and approval. §15.2-6020.1. Exemption from procurement procedures; adoption of procurement policies. A. The Virginia Public Procurement Act (§2.2-4300 et seq.) shall not apply to the Authority in the exercise of any power conferred under this chapter. B. The board shall adopt policies for the procurement of goods and services. Such policies shall: 1. Seek competition to the maximum practical degree; 2. Require competitive negotiation for professional services, which includes the requirements of §§2.2-4302.2 and 2.2-4303.1, unless there is only one source practically available and the Authority has complied with the requirements of subsection C; 3. Prohibit discrimination against a bidder or offeror based on race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by federal or state law relating to discrimination in employment; and 4. Incorporate the prompt payment principles of § 2.2-4350 and the payment clauses of §2.2-4354. The Authority shall include provisions for the inspection of public records as provided in § 2.2-4342. C. For purchases of (i) goods or nonprofessional services under $200,000 or (ii) professional services or non-transportation-related construction under $80,000, the Authority shall not be required to comply with subdivisions B 1 and 2. For purchases of (a) goods or nonprofessional services for $200,000 or more or (b) professional services or non-transportation-related construction of $80,000 or more, the Authority shall not be required to comply with subdivisions B 1 and 2 if the Authority determines in writing that such purchase contributes to the public purpose and mission of the Authority as described in §15.2-6016. The Authority shall state in such writing (1) an explanation of such determination, (2) that which is being purchased, (3) the contractor selected for such purchase, (4) the date of the award of such contract, and (5) the relationship of such purchase to the public purpose and mission of the Authority. Such notice shall be posted on the Department of General Services' central electronic procurement website or the Authority's website on the day the Authority awards or announces its decision to award such contract, whichever occurs first. The Authority shall incorporate the procedures effectuating the provisions of this subsection in the policies required by subsection B. D. In case of emergency, the Authority shall not be required to comply with subdivisions B 1 and 2 if the Authority determines in writing that an emergency exists and makes the purchase needed with such competition as is practicable under the circumstances. The Authority shall state in such writing (i) that the contract is being awarded on an emergency basis, (ii) that which is being purchased, (iii) the contractor selected, (iv) the date of the award of such contract, and (v) the relationship between the selection of such contract to the circumstances constituting an emergency. Such notice shall be posted on the Department of General Services' central electronic procurement website or the Authority's website on the day the Authority awards or announces its decision to award such contract, whichever occurs first. The Authority shall incorporate the procedures effectuating the provisions of this subsection in the policies required by subsection B. E. Upon a determination in writing that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive negotiation. The writing shall document the basis for this determination. The Authority shall issue a written notice stating that only one source was determined to be practicably available and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted on the Department of General Services' central electronic procurement website or the Authority's website and may be published in a newspaper of general circulation on the day the public body awards or announces its decision to award the contract, whichever occurs first. §15.2-6020.2. Authorization to lease vehicles and construction and forestry equipment. A. The Authority may lease vehicles and construction and forestry equipment from vehicles and equipment controlled by the Commissioner of Highways or the Director of the Department of General Services. B. As used in this section: "Construction and forestry equipment" means any vehicle that is designed primarily for highway construction, earth moving, timber harvesting, or other construction or forestry work and that is not designed for the transportation of persons or property on a public highway. "Vehicle" means every device in, on, or by which any person or property is or may be transported or drawn on a highway.