Virginia Law

A. The Commission, or any county, city, or town, or any combination thereof, may establish and, if established, shall operate, in accordance with the standards and criteria required by this section, alcohol safety action programs (ASAPs) in connection with highway safety. Each such program shall operate under the direction of a local independent policy board established pursuant to § 18.2-273.5 and shall, at a minimum, (i) employ a program director and such staff as necessary to carry out the duties of such local ASAP and (ii) hold general liability, professional liability, and directors and officers insurance if such items are not provided by the fiscal agent locality of such program. Each such program shall be accessible to the public for all required services during days and hours established by the Commission, and the Commission shall prescribe acceptable methods of accessibility, including remote and electronic service delivery.

B. The Commission shall establish minimum standards and criteria for the implementation and operation of local ASAPs and shall establish procedures to certify all such programs to ensure that they meet the minimum standards and criteria stipulated by the Commission. The Commission shall also establish criteria for the administration of such programs for (i) public information activities, (ii) accounting procedures, (iii) the auditing requirements of such programs, and (iv) the allocation of supplemental or emergency funding pursuant to subsection D.

C. Each program director of the local ASAP shall be subject to an annual performance evaluation conducted by the Executive Director of the Commission or his designee. A program director shall be required to achieve and maintain, at minimum, a satisfactory performance rating as a condition of continued certification. Failure to maintain such required certification or a satisfactory performance rating (i) may result in suspension or revocation of certification and (ii) shall render such person ineligible to serve as a program director or employee of any local ASAP.

D. (Effective January 1, 2028) Each county, city, or town that has established, or jointly participates in, a local ASAP shall provide for the financial support of such program through annual appropriations in its local budget or through such other funding mechanisms as may be agreed upon by the participating localities. Each local ASAP serving multiple localities shall, as a condition of certification, have a written funding agreement among all participating localities that equitably allocates costs of program operation. Such agreement shall be filed with the Commission and reviewed for compliance with Commission standards. The Commission shall not be responsible for routine operational or personnel funding of local ASAPs. The Commission may, subject to the availability of funds, provide supplemental or emergency assistance to a local ASAP or its fiscal agent locality if the Commission determines that (i) financial hardship threatens continued operation of the local ASAP, (ii) the local ASAP has demonstrated compliance with all Commission standards, and (iii) the participating localities have contributed funding in accordance with this subsection. In the event any locality fails to provide financial support pursuant to this subsection, such locality may be subject to a fine as prescribed by the Commission.

E. Each local ASAP shall (i) maintain financial records in accordance with generally accepted accounting principles; (ii) be subject to local, state, and federal audits; and (iii) submit monthly financial reports to the Commission by the fifteenth day of the following month and an annual income statement by August 1 of each year. Any local ASAP that fails to timely file such information shall be subject to daily late fees, prescribed by the Commission, and potential decertification.

F. Any local ASAP revenues that are derived from offender fees or other sources shall only be used for the administration of such local ASAP and are subject to Commission oversight. The Commission may collect unexpended revenue or reserve balances from any local ASAP to ensure statewide fiscal accountability and maintain program standards.

G. Each local ASAP shall submit an annual operating budget and corresponding financial documents to the Commission for approval by May 1 of each year in a format prescribed by the Commission. In the event a local ASAP fails to submit, correct, or operate under an approved budget as required by the Commission, the Commission may (i) withhold or recover any state-controlled or supplemental funds, (ii) suspend or revoke certification of the local ASAP, (iii) suspend new offender referrals to the local ASAP, (iv) initiate temporary administration or reorganization under § 18.2-273.7, or (v) take such other actions as necessary to ensure compliance and fiscal accountability.

H. Each local ASAP shall operate under a program agreement approved by the Commission. Such agreement shall (i) delineate the responsibilities of the Commission and the local ASAP; (ii) specify conditions for receipt of any supplemental or emergency funding; (iii) identify performance measures related to offender compliance, fiscal management, and program efficiency; and (iv) provide procedures for monitoring, and remediation of, noncompliance. The Commission may withhold or recover funds or suspend certification for failure of the local ASAP to comply with the terms of such agreement.

I. Two or more certified local ASAPs may, with the approval of the Commission, enter into joint service agreements to provide education, monitoring, or administrative services and to share fiscal, personnel, or technological resources. Any such agreement shall specify the (i) duration, purpose, and method of administration; (ii) allocation of costs; and (iii) responsibilities of each participating program. Such agreement shall be filed with the Commission for review and approval. However, participation in any such agreement shall not relieve a local ASAP of its obligations under this article or regulations of the Commission.

J. Funds paid to the Commonwealth hereunder shall be utilized in the discretion of the Commission to offset the costs of state programs and local programs run in conjunction with any county, city, or town and costs incurred by the Commission. The Commission shall include in the executive summary required pursuant to subsection H of § 18.2-273.2 all actions taken pursuant to this section.

2026, cc. 686, 687.