                                 CODE OF VIRGINIA

ADDITIONAL DUTIES OF DEPARTMENT; COMMERCIAL ACTIVITIES LIST (§ 2.2-1501.1)

A. As used in this section, unless the context requires a different meaning:
			&#8220;Commercial activity&#8221; means performing services or providing
goods that can normally be obtained from private enterprise.
			&#8220;Commercial activities list&#8221; means the list of all commercial
activities performed by employees of the Commonwealth.
			&#8220;Privatization&#8221; means a variety of techniques and activities that
promote more involvement of the private sector in providing services that have
traditionally been provided by government. It also includes methods of providing
a portion or all of select government-provided or government-produced programs
and services through the private sector.

B. From such funds as are appropriated for this purpose, the Department shall:

   1. Examine and promote methods of providing a portion or all of select
   government-provided or government-produced programs and services through the
   private sector by a competitive contracting program, and advise the Governor,
   the General Assembly, and executive branch agencies of the Department&#8217;s
   findings and recommendations.

   2. Determine the privatization potential of a program or activity, perform
   cost/benefit analyses, and conduct public and private performance analyses.
   The Secretary of Finance shall independently certify the results of the
   comparison.

   3. Devise, in consultation with the Secretary of Finance, evaluation criteria
   to be used in conducting performance reviews of any program or activity that
   is subject to a privatization recommendation.

C. The commercial activities list developed by the Department in accordance with
this section shall be updated every two years and posted on the Internet. In
addition, the Department shall solicit at least annually in the Virginia
Register public comments on the commercial activities list and invite
recommendations from the public regarding activities being performed by state
agencies that might better be performed by the private sector. All comments
received shall be considered, and reasonable accommodation shall be made to
permit representatives of any private entity, upon their request, to meet with
the Department and the appropriate state agency to discuss their comments.

HISTORY: 2012, cc. 803, 835.