Virginia Law

A. There is hereby established in the legislative branch of state government the Commission on the Virginia Alcohol Safety Action Program (VASAP), which shall be deemed an agency of the Commonwealth for the purposes of administration, regulation, and receipt or disbursement of funds pursuant to the provisions of this article. The Commission shall administer and supervise the system of local alcohol safety action programs throughout the Commonwealth, develop and maintain operation and performance standards for such programs, and administer the allocation of supplemental or emergency funding to such programs pursuant to subsection D of § 18.2-273.4.

B. The Commission shall have a total membership of 15 members that shall include six legislative members and nine nonlegislative citizen members. Members shall be appointed as follows: four current or former members of the House Committee for Courts of Justice, to be appointed by the Speaker of the House of Delegates; two members of the Senate Committee for Courts of Justice, to be appointed by the Senate Committee on Rules; three sitting or retired judges, one each from the circuit, general district, and juvenile and domestic relations district courts, who regularly hear or heard cases involving driving under the influence and are familiar with their local alcohol safety action programs, to be appointed by the chair of the Committee on District Courts; one director of a local alcohol safety action program to be appointed by the Speaker of the House of Delegates upon consideration of the recommendations of the legislative members of the Commission; one director of a local alcohol safety action program to be appointed by the Senate Committee on Rules upon consideration of the recommendations of the legislative members of the Commission; one representative from the law-enforcement profession, to be appointed by the Speaker of the House; one nonlegislative citizen at large, to be appointed by the Senate Committee on Rules; one representative from the Department whose duties are substantially related to matters to be addressed by the Commission to be appointed by the Commissioner of the Department of Motor Vehicles; and one representative from the Department of Behavioral Health and Developmental Services whose duties also substantially involve such matters, to be appointed by the Commissioner of Behavioral Health and Developmental Services. Legislative members shall serve terms coincident with their terms of office. In accordance with the staggered terms previously established, nonlegislative citizen members shall serve two-year terms. All members may be reappointed. Appointments to fill vacancies, other than by expiration of a term, shall be made for the unexpired terms. Any appointment to fill a vacancy shall be made in the same manner as the original appointment.

C. The Commission shall meet at least four times each year at such places as it may designate. A majority of the members shall constitute a quorum. The Commission shall elect a chair and vice-chair from among its membership, who shall be members of the General Assembly.

D. The Commission shall establish and ensure the maintenance of minimum standards and criteria for program operations and performance, accounting, auditing, public information, and administrative procedures for the various local alcohol safety action programs, including certification, decertification, regionalization, reorganization, or mergers of such local programs and finances and personnel at such local programs, and shall be responsible for overseeing the administration of the statewide VASAP system. Such programs shall be certified by the Commission in accordance with procedures set forth in the VASAP Certification Manual pursuant to § 18.2-273.3. The Commission shall also oversee program plans, operations, and performance and create a system for allocating funds to cover deficits that may occur in the budgets of local programs. The Commission may enter into cooperative agreements or memoranda of understanding with courts, law-enforcement agencies, the Department of Motor Vehicles, the Department of Behavioral Health and Developmental Services, or other public or private entities to improve coordination, data sharing, and service delivery within the statewide VASAP system. The Commission is authorized to accept any gifts or bequest of money or property and any grant, loan, service, payment, or property from any source, including the federal government, for the purpose of driver alcohol education, and any such gifts, bequests, grants, loans, or payments shall be deposited in the separate fund described in subsection B of § 18.2-271.1.

E. The Commission shall appoint and employ and, at its pleasure, remove an executive director and such other persons as it may deem necessary and shall determine their duties and fix their salaries or compensation.

F. The Commission shall appoint a Virginia Alcohol Safety Action Program Advisory Board (the Board) to make recommendations to the Commission regarding its duties and administrative functions. The membership of the Board shall be appointed in the discretion of the Commission and include personnel from (i) local alcohol safety action programs; (ii) the State Board of Behavioral Health and Developmental Services, community services boards, or behavioral health authorities; and (iii) other community mental health services organizations. An assistant Attorney General who provides counsel in matters relating to driving under the influence shall also be appointed to the Board.

G. Legislative members of the Commission shall receive compensation as provided in § 30-19.12. Funding for the costs of compensation of legislative members shall be provided by the Commission. All members shall be reimbursed for all reasonable and necessary expenses as provided in §§ 2.2-2813 and 2.2-2825 to be paid out of that portion of moneys paid in VASAP defendant entry fees that is forwarded to the Virginia Alcohol Safety Action Program.

H. The chair of the Commission shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Commission no later than December 1 of each year. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

I. Notwithstanding the provisions of Chapter 5 (§ 2.2-500 et seq.) of Title 2.2, the Attorney General shall provide representation in all cases, hearings, controversies, or matters involving the interests of the Commission. However, if, in the opinion of the Attorney General, it is impracticable or uneconomical for such legal services to be rendered by him or one of his assistants, the Commission may employ special counsel to represent it and provide such legal services. Any such special counsel shall be paid from funds appropriated to the Commission.

2026, cc. 686, 687.