HB2602: Conservation and Recreation, Department of; power to establish non-competitively procured contracts.


HOUSE BILL NO. 2602
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Agriculture, Chesapeake and Natural Resources
on February 4, 2009)
(Patron Prior to Substitute--Delegate Lohr)
A BILL to amend and reenact 10.1-104 of the Code of Virginia, relating to the addition of powers to the Department of Conservation and Recreation.

Be it enacted by the General Assembly of Virginia:

1. That 10.1-104 of the Code of Virginia is amended and reenacted as follows:

10.1-104. Powers of the Department.

A. The Department shall have the following powers, which may be delegated by the Director:

1. To employ such personnel as may be required to carry out those duties conferred by law;

2. To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers, including but not limited to contracts with private nonprofit organizations, the United States, other state agencies and political subdivisions of the Commonwealth;

3. To accept bequests and gifts of real and personal property as well as endowments, funds, and grants from the United States government, its agencies and instrumentalities, and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient or desirable;

4. To prescribe rules and regulations necessary or incidental to the performance of duties or execution of powers conferred by law;

5. To establish non-competitively procured contracts, notwithstanding the Virginia Public Procurement Act ( 2.2-4300 et seq.), with private non-profit organizations that are exempt from federal taxation, to conduct revenue producing activities on Department lands provided the revenue generated after expenses is used to benefit Virginia State Parks and the Natural Area Preserve System. This subsection shall not provide for establishing contracts for capital improvements to state-owned facilities or on Department lands;

6. To perform acts necessary or convenient to carry out the duties conferred by law; and

67. To assess civil penalties for violations of 10.1-200.3.

B. Pursuant to the Administrative Process Act ( 2.2-4000 et seq.), the Department may promulgate regulations necessary to carry out the purposes and provisions of this subtitle. A violation of any regulation shall constitute a Class 1 misdemeanor, unless a different penalty is prescribed by the Code of Virginia. However, a violation of the Virginia State Park Regulations (4 VAC 5-30-10 et seq.) shall constitute a Class 3 misdemeanor.

HOUSE BILL NO. 2602
Offered January 22, 2009
A BILL to amend and reenact 10.1-104 of the Code of Virginia, relating to the addition of powers to the Department of Conservation and Recreation to establish non-competitively procured contracts with non-profit organizations that wish to conduct revenue producing activities on Department lands for the benefit of Virginia State Parks or other Department programs.
Patron-- Lohr

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That 10.1-104 of the Code of Virginia is amended and reenacted as follows:

10.1-104. Powers of the Department.

A. The Department shall have the following powers, which may be delegated by the Director:

1. To employ such personnel as may be required to carry out those duties conferred by law;

2. To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers, including but not limited to contracts with private nonprofit organizations, the United States, other state agencies and political subdivisions of the Commonwealth;

3. To accept bequests and gifts of real and personal property as well as endowments, funds, and grants from the United States government, its agencies and instrumentalities, and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient or desirable;

4. To prescribe rules and regulations necessary or incidental to the performance of duties or execution of powers conferred by law; and

5. To establish non-competitively procured contracts, notwithstanding the Public Procurement Act, with private non-profit organizations which are exempt from federal taxation, to conduct revenue producing activities on Department lands provided the revenue generated after expenses is used to benefit Virginia State Parks or other Department programs. This subsection would not provide for establishing contracts for capital improvements to state owned facilities or on Department lands; and

5.6. To perform acts necessary or convenient to carry out the duties conferred by law.

B. Pursuant to the Administrative Process Act ( 9-6.14:1 et seq.), the Department may promulgate regulations necessary to carry out the purposes and provisions of this subtitle. A violation of any regulation shall constitute a Class 1 misdemeanor, unless a different penalty is prescribed by the Code of Virginia.