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2001 SESSION

013145956
HOUSE BILL NO. 1745
Offered January 10, 2001
Prefiled December 20, 2000
A BILL to amend and reenact §§ 2.1-1.6, 9-6.25:1 and 9-154 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 25 of Title 9 sections numbered 9-155.3 and 9-155.4, relating to the Thermal Imaging Camera Advisory Board and Fund.
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Patrons-- Thomas, Bloxom, Cox, Dickinson, Dudley, Grayson, Hamilton, Jackson, Joannou, Louderback, Orrock, Parrish, Plum, Putney, Reid and Sherwood; Senator: Edwards
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Referred to Committee on General Laws
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Be it enacted by the General Assembly of Virginia:

1. That §§ 2.1-1.6, 9-6.25:1 and 9-154 of the Code of Virginia are amended and reenacted, and that the Code of Virginia is amended by adding in Chapter 25 of Title 9 sections numbered 9-155.3 and 9-155.4 as follows:

§ 2.1-1.6. (Effective January 1, 2001) State boards

A. There shall be, in addition to such others as may be established by law, the following permanent collegial bodies affiliated with a state agency within the executive branch:

Accountancy, Board of

Agriculture and Consumer Services, Board of

Air Pollution, State Advisory Board on

Alcoholic Beverage Control Board, Virginia

Apple Board, Virginia State

Appomattox State Scenic River Advisory Board

Aquaculture Advisory Board

Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, Board for

Art and Architectural Review Board

Athletic Training, Advisory Board on

Auctioneers Board

Audiology and Speech-Language Pathology, Board of

Aviation Board, Virginia

Barbers and Cosmetology, Board for

Blind and Vision Impaired, Virginia Board for the

Branch Pilots, Board for

Bright Flue-Cured Tobacco Board, Virginia

Building Code Technical Review Board, State

Catoctin Creek State Scenic River Advisory Board

Cattle Industry Board, Virginia

Cave Board

Cemetery Board

Certified Seed Board, State

Charity Food Assistance Advisory Board

Chesapeake Bay Local Assistance Board

Chickahominy State Scenic River Advisory Board

Child Abuse and Neglect, Advisory Board on

Chippokes Plantation Farm Foundation, Board of Trustees

Clinch Scenic River Advisory Board

Coal Mining Examiners, Board of

Coal Research and Development Advisory Board, Virginia

Coal Surface Mining Reclamation Fund Advisory Board

Conservation and Development of Public Beaches, Board on

Conservation and Recreation, Board of

Contractors, Board for

Corn Board, Virginia

Correctional Education, Board of

Corrections, State Board of

Counseling, Board of

Criminal Justice Services Board

Dark-Fired Tobacco Board, Virginia

Deaf and Hard-of-Hearing, Advisory Board for the Department for the

Dentistry, Board of

Design-Build/Construction Management Review Board

Education, State Board of

Egg Board, Virginia

Emergency Medical Services Advisory Board, State

Farmers Market Board, Virginia

Fire Services Board, Virginia

Forestry, Board of

Funeral Directors and Embalmers, Board of

Game and Inland Fisheries, Board of

Geology, Board for

Goose Creek Scenic River Advisory Board

Health Planning Board, Virginia

Health Professions, Board of

Health, State Board of

Hearing Aid Specialists, Board for

Hemophilia Advisory Board

Historic Resources, Board of

Housing and Community Development, Board of

Irish Potato Board, Virginia

Juvenile Justice, State Board of

Litter Control and Recycling Fund Advisory Board

Marine Products Board, Virginia

Medical Advisory Board, Department of Motor Vehicles

Medicare and Medicaid, Advisory Board on

Medicine, Board of

Mental Health, Mental Retardation and Substance Abuse Services Board, State

Migrant and Seasonal Farmworkers Board

Military Affairs, Board of

Mineral Mining Examiners, Board of

Minority Business Enterprise, Interdepartmental Board of the Department of

Networking Users Advisory Board, State

Neurotrauma Initiative Advisory Board, Commonwealth

North Meherrin State Scenic River Advisory Board

Nottoway State Scenic River Advisory Board

Nursing, Board of

Nursing Home Administrators, Board of

Occupational Therapy, Advisory Board of

Oil and Gas Conservation Board, Virginia

Opticians, Board for

Optometry, Board of

Peanut Board, Virginia

Personnel Advisory Board

Pesticide Control Board

Pharmacy, Board of

Physical Therapy, Board of

Plant Pollination Advisory Board

Polygraph Examiners Advisory Board

Pork Industry Board, Virginia

Poultry Products Board, Virginia

Private College Advisory Board

Private Security Services Advisory Board

Professional and Occupational Regulation, Board for

Professional Soil Scientists, Board for

Psychiatric Advisory Board

Psychology, Board of

Public Broadcasting Board, Virginia

Public Buildings Board, Virginia

Public Guardian and Conservator Advisory Board

Radiation Advisory Board

Real Estate Appraiser Board

Real Estate Board

Reciprocity Board, Department of Motor Vehicles

Recreational Fishing Advisory Board, Virginia

Reforestation Board

Rehabilitation Providers, Advisory Board on

Rehabilitative Services, Board of

Respiratory Care, Advisory Board on

Rockfish State Scenic River Advisory Board

Safety and Health Codes Board

Seed Potato Board, State

Sewage Handling and Disposal Appeal Review Board, State Health Department

Shenandoah State Scenic River Advisory Board

Small Business Advisory Board

Small Business Environmental Compliance Advisory Board

Small Grains Board, Virginia

Social Services, Board of

Social Work, Board of

Soil and Water Conservation Board, Virginia

Soybean Board, Virginia

State Air Pollution Control Board

Substance Abuse Certification Board

Surface Mining Review, Board of

Sweet Potato Board, Virginia

T & M Vehicle Dealers' Advisory Board

Teacher Education and Licensure, Advisory Board on

Thermal Imaging Camera Advisory Board

Transportation Board, Commonwealth

Transportation Safety, Board of

Treasury Board, The, Department of the Treasury

Veterans' Affairs, Board on

Veterinary Medicine, Board of

Virginia Board for Asbestos and Lead

Virginia Coal Mine Safety Board

Virginia Correctional Enterprises Advisory Board

Virginia Cotton Board

Virginia Employment Commission, State Advisory Board for the

Virginia Geographic Information Network Advisory Board

Virginia Horse Industry Board

Virginia Manufactured Housing Board

Virginia Retirement System, Board of Trustees

Virginia Schools for the Deaf and the Blind, Advisory Commission on the

Virginia Sheep Industry Board

Virginia Veterans Cemetery Board

Virginia Waste Management Board

Voluntary Formulary Board, Virginia

(For effective date - See notes) Volunteer Firefighters' and Rescue Squad Workers' Pension Fund Board

War Memorial Foundation, Virginia, Board of Trustees

Waste Management Facility Operators, Board for

Water Resources Research Center Statewide Advisory Board, Virginia

Waterworks and Wastewater Works Operators, Board for

Well Review Board, Virginia.

B. Notwithstanding the definition for "board" as provided in § 2.1-1.2, the following entities shall be referred to as boards:

Compensation Board

State Board of Elections

State Water Control Board

Virginia Parole Board

Virginia Veterans Care Center Board of Trustees.

§ 9-6.25:1. Advisory boards, commissions and councils.

There shall be, in addition to such others as may be designated in accordance with § 9-6.25, the following advisory boards, commissions and councils within the executive branch:

Advisory Board for the Department for the Deaf and Hard-of-Hearing

Advisory Board on Athletic Training

Advisory Board on Child Abuse and Neglect

Advisory Board on Medicare and Medicaid

Advisory Board of Occupational Therapy

Advisory Board on Rehabilitation Providers

Advisory Board on Respiratory Care to the Board of Medicine

Advisory Board on Teacher Education and Licensure

Advisory Commission on the Virginia Schools for the Deaf and the Blind

Advisory Council on Revenue Estimates

Advisory Council on the Virginia Business-Education Partnership Program

Appomattox State Scenic River Advisory Board

Aquaculture Advisory Board

Art and Architectural Review Board

Board for the Visually Handicapped, Virginia

Board of Directors, Virginia Truck and Ornamentals Research Station

Board of Forestry

Board of Military Affairs

Board of Rehabilitative Services

Board of Transportation Safety

Board of Trustees of the Family and Children's Trust Fund

Board of Visitors, Gunston Hall Plantation

Board on Veterans' Affairs

Catoctin Creek State Scenic River Advisory Board

Cave Board

Charity Food Assistance Advisory Board

Chickahominy State Scenic River Advisory Board

Chief Information Officer Advisory Board

Clinch Scenic River Advisory Board

Coal Surface Mining Reclamation Fund Advisory Board

Coastal Land Management Advisory Council, Virginia

Commonwealth Competition Council

Commonwealth Council on Aging

Council on Indians

Council on the Status of Women

Debt Capacity Advisory Committee

Emergency Medical Services Advisory Board

Falls of the James Committee

Goose Creek Scenic River Advisory Board

Governor's Mined Land Reclamation Advisory Committee

Hemophilia Advisory Board

Human Services Information and Referral Advisory Council

Interagency Coordinating Council on Housing for the Disabled

Interdepartmental Board of the State Department of Minority Business Enterprise

Litter Control and Recycling Fund Advisory Board

Local Advisory Board to the Blue Ridge Community College

Local Advisory Board to the Central Virginia Community College

Local Advisory Board to the Dabney S. Lancaster Community College

Local Advisory Board to the Danville Community College

Local Advisory Board to the Eastern Shore Community College

Local Advisory Board to the Germanna Community College

Local Advisory Board to the J. Sargeant Reynolds Community College

Local Advisory Board to the John Tyler Community College

Local Advisory Board to the Lord Fairfax Community College

Local Advisory Board to the Mountain Empire Community College

Local Advisory Board to the New River Community College

Local Advisory Board to the Northern Virginia Community College

Local Advisory Board to the Patrick Henry Community College

Local Advisory Board to the Paul D. Camp Community College

Local Advisory Board to the Piedmont Virginia Community College

Local Advisory Board to the Rappahannock Community College

Local Advisory Board to the Southside Virginia Community College

Local Advisory Board to the Southwest Virginia Community College

Local Advisory Board to the Thomas Nelson Community College

Local Advisory Board to the Tidewater Community College

Local Advisory Board to the Virginia Highlands Community College

Local Advisory Board to the Virginia Western Community College

Local Advisory Board to the Wytheville Community College

Maritime Incident Response Advisory Board

Maternal and Child Health Council

Medical Advisory Board, Department of Motor Vehicles

Migrant and Seasonal Farmworkers Board

North Meherrin State Scenic River Advisory Board

Nottoway State Scenic River Advisory Board

Personnel Advisory Board

Plant Pollination Advisory Board

Private College Advisory Board

Private Security Services Advisory Board

Psychiatric Advisory Board

Public Guardian and Conservator Advisory Board

Radiation Advisory Board

Rappahannock Scenic River Advisory Board

Recreational Fishing Advisory Board, Virginia

Reforestation Board

Rockfish State Scenic River Advisory Board

Shenandoah State Scenic River Advisory Board

Small Business Advisory Board

Small Business Environmental Compliance Advisory Board

St. Mary's Scenic River Advisory Committee

State Advisory Board on Air Pollution

State Building Code Technical Review Board

State Health Benefits Advisory Council

State Land Evaluation Advisory Council

State Networking Users Advisory Board

State Public Records Advisory Council

Statewide Independent Living Council

Statewide Rehabilitation Advisory Council

Statewide Rehabilitation Advisory Council for the Blind

Staunton Scenic River Advisory Committee

Substance Abuse Services Council

Telecommunications Relay Service Advisory Board

Thermal Imaging Camera Advisory Board

Virginia-Israel Advisory Board

Virginia Advisory Commission on Intergovernmental Relations

Virginia Advisory Council for Adult Education and Literacy

Virginia Coal Mine Safety Board

Virginia Coal Research and Development Advisory Board

Virginia Commission for the Arts

Virginia Correctional Enterprises Advisory Board

Virginia Council on Coordinating Prevention

Virginia Equal Employment Opportunity Council

Virginia Geographic Information Network Advisory Board

Virginia Interagency Coordinating Council

Virginia Military Advisory Council

Virginia Public Buildings Board

Virginia Recycling Markets Development Council

Virginia Transplant Council

Virginia Veterans Cemetery Board

Virginia Water Resources Research Center, Statewide Advisory Board

Virginia Winegrowers Advisory Board.

§ 9-154. Executive Director; powers.

A. The Governor shall appoint an Executive Director of the Department, subject to confirmation by the General Assembly. The Executive Director shall hold his position at the pleasure of the Governor.

B. The Executive Director shall have the following powers to:

1. To supervise Supervise the administration of the Department;

2. To preparePrepare, approve, and submit all requests for appropriations and be responsible for all expenditures pursuant to appropriations;

3. To employ Employ such staff as is necessary to carry out the powers and duties of this chapter, within the limits of available appropriations;

4. To accept Accept on behalf of the Department grants from the United States government and agencies and instrumentalities thereof and any other sources. To these ends, the Executive Director shall have the power to execute such agreements in accordance with the policies of the Board;

5. To do Do all acts necessary or convenient to carry out the purpose of this chapter and to assist the Board in carrying out its responsibilities and duties;

6. To make Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, including, but not limited to, contracts with the United States, other states, and agencies and governmental subdivisions of the Commonwealth;

7. To appoint Appoint a director of fire services training; and

8. To receive Receive funds as appropriated by the General Assembly collected pursuant to § 38.2-401, on an annual basis to be used as provided in subsection C of § 38.2-401; and

9. Receive funds as appropriated by the General Assembly pursuant § 9-155.4.

§ 9-155.3. Thermal Imaging Camera Advisory Board established; appointment; terms.

A. The Thermal Imaging Camera Advisory Board (the “Board”) is established as an advisory board within the meaning of § 9-6.25 in the executive branch of state government to assist the Virginia Fire Services Board in the allocation of grants from the Thermal Imaging Camera Grant Fund established pursuant to § 9-155.4. The Board shall consist of nine members appointed by the Governor as follows: three members of the State Fire Chief’s Association, three members of the Virginia Professional Firefighters Association and three members of the Virginia Firefighters Association. The Governor shall make his appointments to the Board from a list of names submitted by each organization. The Executive Director of the Department of Fire Programs shall serve ex-officio.

Members of the Board appointed by the Governor shall serve for terms of three years. Initial appointments shall provide for staggered terms with three members appointed for three years, three members appointed for two years and three members appointed for one year. No appointee shall serve more than two successive three-year terms but neither shall any person serve beyond the time he holds the organizational membership by reason of which he was initially eligible for appointment. Members of the Board shall not be entitled to compensation but shall be reimbursed for all reasonable and necessary expenses incurred in the discharge of their duties as provided in § 2.1-20.10.

The Board shall meet at least six times each year and at such other times as may be deemed necessary. Annually, the Board shall elect from its membership a chairman and a vice-chairman to serve for a one-year term.

§ 9-155.4. The Thermal Imaging Camera Grant Fund.

A. To assist local fire departments, other fire services organizations and local governments in the purchasing of thermal imaging cameras, there is hereby created the Thermal Imaging Camera Grant Fund. The Fund shall be administered by the Department of Fire Programs under policies and definitions established by the Virginia Fire Services Board.

B. From such funds as are appropriated by the General Assembly for this purpose and from such gifts, donations, grants, bequests and other funds as may be received on its behalf, there is hereby created in the state treasury a special nonreverting fund to be known as the Thermal Imaging Camera Fund, hereafter referred to as “the Fund.” The Fund shall be established on the books of the Comptroller. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Notwithstanding any other provision of law to the contrary, policies established by the Virginia Fire Services Board for the administration of the Fund, and any grants provided from the Fund, that are not inconsistent with the purposes set out in this section shall be binding upon any locality that accepts such funds or related grants. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Executive Director of the Department of Fire Programs or his designee. Moneys in the Fund shall not be diverted or expended for any purpose not authorized by this section.