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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2005 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-720, 2.2-2452, 2.2-2503, 2.2-2514, 2.2-2621, 2.2-2628, 2.2-2705, 3.1-1108, 10.1-1018, 18.2-271.2, 19.2-163.02, 20-108.2, 22.1-337, 22.1-346.1, 23-287, 23-297, 30-73.2, 30-168.1, 30-172, 30-208, 30-212, and 53.1-176.3 of the Code of Virginia are amended and reenacted as follows:
§ 2.2-720. (Expires July 1, 2006) Alzheimer's Disease and Related Disorders Commission.
A. The Alzheimer's Disease and Related Disorders Commission (Commission) is established as an advisory commission in the executive branch of state government. The purpose of the entity is to assist people with Alzheimer's disease and related disorders and their caregivers.
B. The Commission shall consist of 15 nonlegislative citizen
members. Members shall be appointed as follows: three members to be appointed
by the Speaker of the House of Delegates; two members to be appointed by the
Senate Committee on Privileges and Elections Rules; and 10
members to be appointed by the Governor, of whom seven shall be from among the
boards, staffs, and volunteers of the Virginia chapters of the Alzheimer's
Disease and Related Disorders Association and three shall be from the public at
large.
Initial appointments of nonlegislative citizen members
shall be staggered as follows:
1. Two gubernatorial appointees shall be appointed for a
term of one year each;
2. One member appointed by the Speaker of the House of
Delegates and two gubernatorial appointees shall be appointed for a term of two
years each;
3. Two members, one appointed by the Speaker of the House
of Delegates and one appointed by the Senate Committee on Privileges and
Elections, and three gubernatorial appointees shall be appointed for a term of
three years each; and
4. Two members, one appointed by the Speaker of the House
of Delegates and one appointed by the Senate Committee on Privileges and
Elections, and three gubernatorial appointees shall be appointed for a term of
four years each.
Thereafter After the initial staggering of terms,
nonlegislative citizen members shall be appointed for a term of four years.
Appointments to fill vacancies, other than by expiration of a term, shall be
for the unexpired terms. All members may be reappointed. However, no
nonlegislative citizen member shall serve more than two consecutive four-year
terms. The remainder of any term to which a member is appointed to fill a
vacancy shall not constitute a term in determining the member's eligibility for
reappointment. Vacancies shall be filled in the same manner as the original
appointments.
The Commission shall elect a chairman and vice-chairman
vice chairman from among its membership. A majority of the voting
members shall constitute a quorum. The Commission shall meet at least four
times each year. The meetings of the Commission shall be held at the call of
the chairman or whenever the majority of the voting members so request.
C. Members shall receive such compensation for the discharge
of their duties as provided in § 2.2-2813. All members shall be reimbursed for
reasonable and necessary expenses incurred in the discharge performance
of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the
costs of compensation and expenses of the members shall be provided by the
Department for the Aging.
D. The Commission shall have the following powers and duties:
1. Examine the needs of persons with Alzheimer's disease and related disorders, as well as the needs of their caregivers, and ways that state government can most effectively and efficiently assist in meeting those needs;
2. Advise the Governor and General Assembly on policy, funding, regulatory and other issues related to persons suffering from Alzheimer's disease and related disorders and their caregivers;
3. Develop the Commonwealth's plan for meeting the needs of patients with Alzheimer's disease and related disorders and their caregivers, and advocate for such plan;
4. Submit a report by October 1 of each year to the Governor and General Assembly regarding the activities and recommendations of the Commission; and
5. Establish priorities for programs among state agencies related to Alzheimer's disease and related disorders and criteria to evaluate these programs.
E. The Department for the Aging shall provide staff support to the Commission. All agencies of the Commonwealth shall provide assistance to the Commission, upon request.
F. The Commission may apply for and expend such grants, gifts or bequests from any source as may become available in connection with its duties under this section, and may comply with such conditions and requirements as may be imposed in connections therewith.
G. The Chairman 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 the first day of each regular session of the General Assembly. 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.
H. This section shall expire on July 1, 2006.
§ 2.2-2452. Board of Veterans Services; membership; terms; quorum; compensation; staff.
A. The Board of Veterans Services (the Board) is established
as a policy board, within the meaning of § 2.2-2100, in the executive branch of
state government. The Board shall consist of have a total membership
of 19 members that includes shall consist of five legislative
members, 11 nonlegislative citizen members, and three ex officio members.
Members shall be appointed as follows: three members of the House of Delegates
to be appointed by the Speaker of the House of Delegates in accordance with the
principles of proportional representation contained in the Rules of the House of
Delegates; two members of the Senate to be appointed by the Senate Committee on
Privileges and Elections Rules; and 11 nonlegislative
citizen members to be appointed by the Governor;. The Commissioner of
the Department of Veterans Services to shall serve ex officio
with full voting privileges; and the Chairman of the Board of Trustees of the
Veterans Services Foundation and the Chairman of the Joint Leadership Council
of Veterans Service Organizations to shall serve ex officio
without voting privileges. Nonlegislative citizen members of the Board shall be
citizens of the Commonwealth.
Initial appointments of the Governor shall include at least
three members who, as of January 1, 2003, were members of the Board of
Veterans' Affairs, the Virginia Veterans Cemetery Board, or the Virginia
Veterans Care Center Board of Trustees. In making appointments, the
Governor shall endeavor to ensure a balanced geographical representation on the
Board while at the same time selecting appointees of such qualifications and experience
as will allow them to provide expertise and insight into:
1. Best practices in benefits claims services, medical and health care management, or cemetery operations;
2. Performance measurements and general management principles; and
3. Nonprofit volunteer operations and management.
Each of the three areas of expertise shall be represented on the Board by at least two different appointees per area of expertise in order to allow for the Board to be capable of developing reasonable and effective policy recommendations related to the services provided to veterans of the armed forces of the United States and their Virginia-domiciled surviving spouses, orphans, and dependents by the Department of Veterans Services.
Legislative members and the Commissioner of the Department of
Veterans Services shall serve terms coincident with their terms of office. Initial
appointments of nonlegislative citizen members by the Governor shall be
staggered as follows: three members for a term of one year, four members for a
term of two years and four members for a term of three years. Thereafter, After
the initial staggering of terms, nonlegislative citizen members shall be
appointed for a term of four years. Appointments to fill vacancies, other than
by expiration of a term, shall be for the unexpired terms. All members may be
reappointed. However, no House member shall serve more than four consecutive
two-year terms, no Senate member shall serve more than two consecutive
four-year terms, and no nonlegislative citizen member shall serve more than two
consecutive four-year terms.
The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. Vacancies shall be filled in the same manner as the original appointments.
B. The Board shall select a chairman from its membership and,
pursuant to rules adopted by it, may elect one of its members as vice-chairman
vice chairman. The Commissioner of the Department of Veterans Services
shall not be eligible to serve as chairman. The Board shall also elect one of
its members as secretary. The Board shall meet at least three times a year at
such times as it deems appropriate or on call of the chairman. A majority of
the members of the Board shall constitute a quorum.
C. The Board shall be organized with at least three subcommittees that shall be responsible for (i) veterans benefits, (ii) veterans care services, and (iii) veterans cemeteries.
D. The Department of Veterans Services shall provide staff to the Board.
§ 2.2-2503. Special Advisory Commission on Mandated Health Insurance Benefits; membership; terms; meetings; compensation and expenses; staff; chairman's executive summary.
A. The Special Advisory Commission on Mandated Health Insurance Benefits (the Commission) is established as an advisory commission within the meaning of § 2.2-2100, in the executive branch of state government. The purpose of the Commission shall be to advise the Governor and the General Assembly on the social and financial impact of current and proposed mandated benefits and providers, in the manner set forth in this article.
B. The Commission shall consist of 18 members that include six
legislative members, 10 nonlegislative citizen members, and two ex officio
members as follows: one member of the Senate Committee on Education and Health
and one member of the Senate Committee on Commerce and Labor appointed by the
Senate Committee on Privileges and Elections Rules; two members
of the House Committee on Health, Welfare and Institutions and two members of
the House Committee on Commerce and Labor appointed by the Speaker of the House
of Delegates in accordance with the principles of proportional representation
contained in the Rules of the House of Delegates; 10 nonlegislative citizen
members appointed by the Governor that include one physician, one chief
executive officer of a general acute care hospital, one allied health
professional, one representative of small business, one representative of a
major industry, one expert in the field of medical ethics, two representatives
of the accident and health insurance industry, and two nonlegislative citizen
members; and the State Commissioner of Health and the State Commissioner of
Insurance, or their designees, who shall serve as ex officio nonvoting members.
C. All nonlegislative citizen members shall be appointed for terms of four years. Legislative and ex officio members shall serve terms coincident with their terms of office. All members may be reappointed. However, no House member shall serve more than four consecutive two-year terms, no Senate member shall serve more than two consecutive four-year terms, and no nonlegislative citizen member shall serve more than two consecutive four-year terms. Vacancies occurring other than by expiration of a term shall be filled for the unexpired term. Vacancies shall be filled in the manner as the original appointments. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment.
D. The Commission shall meet at the request of the chairman,
the majority of the voting members or the Governor. The Commission shall elect
a chairman and a vice-chairman vice chairman, as determined by
the membership. A majority of the members of the Commission shall constitute a
quorum.
E. Legislative members of the Commission shall receive such compensation as provided in § 30-19.12, and nonlegislative citizen members shall receive such compensation for the performance of their duties as provided in § 2.2-2813. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the compensation and costs of expenses of the members shall be provided by the State Corporation Commission.
F. The Bureau of Insurance, the State Health Department, and such other state agencies as may be considered appropriate by the Commission shall provide staff assistance to the Commission.
G. The chairman 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 the first day of each regular session of the General Assembly. 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.
§ 2.2-2514. Membership; terms; vacancies; chairmen.
A. Persons appointed to the Board shall be selected for their knowledge of, background in, or experience with basic and applied research, emerging technologies, commercialization of the results and outputs of research activities, and the development and financing of technology intensive enterprises.
B. The Commission shall consist of twenty-nine 29
members to be appointed as follows: two members of the House Committee
on Science and Technology appointed by the Speaker of the House of Delegates;
the chairman of the Senate Committee on General Laws or his designee; and twelve
12 citizen members representing research- and technology-intensive
industries, four of whom shall be appointed by the Speaker of the House of
Delegates, two of whom shall be appointed by the Senate Committee on Privileges
and Elections Rules, and six of whom shall be appointed by the
Governor; the Secretaries of Commerce and Trade, Education, and Technology, or
their designees; and the President of the Center for Innovative Technology or
his designee. The following members shall serve as ex officio members with
voting privileges: the Vice-Provosts of Research, or their designees, at the
University of Virginia, Virginia Polytechnic Institute and State University,
George Mason University, James Madison University, The College of William and
Mary, Old Dominion University, and Virginia Commonwealth University; the
Director of Jefferson Laboratories or his designee, the Executive Director of
the Naval Surface Warfare Center, Dahlgren Division or his designee, and the
Director of the NASA Langley Research Center or his designee. Legislative
members shall be appointed to serve terms coincident with their terms of
office. The citizen members shall be appointed for terms of four years, except
that appointments to fill vacancies shall be for the unexpired term. Vacancies
shall be filled in the manner of the original appointments.
C. The Governor shall designate one member representing Virginia's research universities and one member representing the private sector as cochairs.
D. A majority of the members of the Commission shall constitute a quorum. Commission meetings shall be upon the call of the cochairs.
E. Members of the Commission shall receive compensation and be
entitled to be reimbursed for all reasonable and necessary expenses incurred in
the discharge performance of their duties as provided in §§
2.2-2104, 2.2-2813, 2.2-2823, 2.2-2825 and 30-19.12.
§ 2.2-2621. Commonwealth Competition Council; membership; terms; chairman; quorum; compensation; staff.
A. The Commonwealth Competition Council (the Council) is
established as an advisory council, within the meaning of § 2.2-2100, in the
executive branch of state government. The Council shall be composed of fifteen
15 members to be appointed as follows: four employees of executive
branch agencies to be appointed by the Governor; two members of the House of
Delegates to be appointed by the Speaker of the House of Delegates; two
members of the Senate to be appointed by the Senate Committee on Privileges
and Elections Rules; three members of the private sector to be
appointed by the Governor; two members of the private sector to be appointed by
the Speaker of the House of Delegates; and two members of the private
sector, who shall be private sector members of the Small Business Commission,
to be appointed by the Senate Committee on Privileges and Elections Rules.
B. Legislative members shall serve on the Council until the
expiration of their terms of office or until their successors shall qualify. Two
of the members who are employees of executive branch agencies and one member
from the private sector appointed by the Governor shall be appointed for terms
of one year. Two of the members who are employees of executive branch agencies
and two members from the private sector appointed by the Governor shall be
appointed for terms of two years. The nonlegislative members appointed by the
Speaker of the House of Delegates and the Senate Committee on Privileges and
Elections shall be appointed for terms of three years. Thereafter Executive
branch agency members shall serve only as long as they retain their positions.
After the initial staggering of terms, all nonlegislative members of the
Council shall be appointed for terms of three years.
C. Appointments to fill vacancies shall be for the unexpired
terms. No person nonlegislative citizen member shall be eligible
to serve for or during more than two successive three-year terms. Executive
branch agency members shall serve only as long as they retain their positions. The
remainder of any term to which a member is appointed to fill a vacancy shall
not constitute a term in determining the member's eligibility for
reappointment.
D. The Council shall annually elect its chairman and vice-chairman
vice chairman from among its members. A majority of the members of the
Council shall constitute a quorum.
E. Legislative members shall be compensated as specified in §
30-19.12, and all members, who are private sector members of
the Small Business Commission, shall be compensated as specified in § 30-182.
All members of the Council shall be reimbursed for their reasonable and
necessary expenses incurred in the discharge performance of their
duties as provided in §§ 2.2-2813 and 2.2-2825.
F. The Council shall employ such staff as necessary to enable it to perform its duties as directed in the appropriation act.
§ 2.2-2628. Council on Indians; membership; terms; chairman; compensation and expenses; chairman's executive summary.
A. The Council on Indians (the Council) is established as an
advisory council, within the meaning of § 2.2-2100, in the executive branch of
state government. The Council shall be composed of a total of 16 members
that includes shall consist of four legislative members and 12
nonlegislative citizen members as follows: (i) the eight Virginia tribes
officially recognized by the Commonwealth shall be entitled but not required to
be represented by one member from each tribe, (ii) three members at large from
the Indian population residing in Virginia, and (iii) one member from the
Commonwealth at large, all of whom shall be appointed by the Governor; (iv)
three members of the House of Delegates appointed by the Speaker of the House
of Delegates in accordance with the principles of proportional representation
contained in the Rules of the House of Delegates; and (v) one member of the
Senate appointed by the Senate Committee on Privileges and Elections Rules.
If a recognized tribe elects not to be represented, then that seat on the
Council shall be filled by appointment of an additional member from the
at-large Indian population of Virginia. Each at-large member from the Indian
population residing in the Commonwealth shall be required, as a condition of
his appointment to the Council, to provide verification of his status as an
enrolled member of a tribe recognized by either the Commonwealth, another
state, or territory. Such verification shall consist of a valid tribal
identification card, confirmation of membership through a central tribal
registry, a written statement of a tribal chief or council confirming
membership, or certification of the enrolled member status from a tribal
office.
B. After the original appointments, all nonlegislative citizen appointments shall be for terms of three years except appointments to fill vacancies, which shall be for the unexpired terms. Legislative members shall serve terms coincident with their terms of office. All members may be reappointed. However, no nonlegislative citizen member shall be eligible to serve more than three successive three-year terms, no member of the Senate shall be eligible to serve more that two successive four-year terms, and no member of the House of Delegates shall be eligible to serve more than four successive two-year terms, provided that no appointments to fill vacancies for an unexpired term shall be included in determining the term limit.
C. The Governor shall appoint one of the members appointed
pursuant to clause (i) or (ii) of subsection A as chairman, who shall serve in
such position at the pleasure of the Governor. The Council shall elect a vice-chairman
vice chairman from among its membership. The meetings of the Council
shall be held at the call of the chairman or whenever the majority of the
voting members so request. A majority of the nonlegislative members shall
constitute a quorum.
D. Members of the Council shall receive no compensation for their services, but shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of expenses of the members shall be provided by the Office of the Governor.
E. The chairman of the Council shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Council no later than the first day of each regular session of the General Assembly. 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.
§ 2.2-2705. Virginia War Memorial Foundation; purpose; membership; terms; compensation and expenses; staff; chairman's executive summary.
A. The Virginia War Memorial Foundation (the Foundation) is established to serve as a policy foundation, within the meaning of § 2.2-2100, in the executive branch of state government. The Foundation shall be governed and administered by a board of trustees for the purpose of honoring patriotic Virginians who rendered faithful service and sacrifice in the cause of freedom and liberty for the Commonwealth and the nation in time of war.
B. The board of trustees shall consist of have a
total membership of 19 members that include shall consist of eight
legislative members, 10 nonlegislative citizen members, and one ex officio
member as follows: five members of the House of Delegates to be appointed by
the Speaker of the House of Delegates in accordance with the principles of
proportional representation contained in the Rules of House of Delegates; three
members of the Senate to be appointed by the Senate Committee on Privileges
and Elections Rules; 10 nonlegislative citizen members appointed by
the Governor, subject to confirmation by the General Assembly; and the
Secretary of Administration who shall serve ex officio with voting privileges.
A majority of the trustees shall be members or veterans of the armed forces of
the United States or the Virginia National Guard. Members appointed should
include representatives of some or all of the various veterans organizations
active in Virginia, as the Governor deems appropriate.
C. Except for initial appointments, all nonlegislative citizen member appointments shall be for terms of three years. Legislative members and the Secretary of Administration shall serve terms coincident with their terms of office. All members may be reappointed. However, no nonlegislative citizen member shall be eligible to serve for more than four successive three-year terms. No Senate member shall be eligible to serve more than three successive four-year terms and no member of the House of Delegates shall be eligible to serve more than six successive two-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. Appointments to fill vacancies, other than by expiration of a term, shall be made for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. Trustees appointed by the Governor shall serve at his pleasure.
D. Legislative members of the Foundation shall receive such compensation as is set forth in § 30-19.12. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of compensation of legislative members shall be provided by the Office of the Clerk of the Senate or the Office of the Clerk of the House of Delegates, as appropriate. Funding for the costs of expenses of all members shall be provided by the Foundation.
E. The Department of General Services shall provide the Foundation with administrative and other services.
F. The trustees shall adopt bylaws governing their
organization and procedures and may amend the same. The trustees shall elect
from their number a chairman, vice-chairman vice chairman, and
such other officers as their bylaws may provide. They shall also appoint an
executive committee, composed of not less than five trustees, which committee
shall exercise the powers and duties imposed on the Foundation by this section
to the extent permitted by the trustees in their bylaws. Meetings of the board
of trustees shall be held at the call of the chairman or whenever a majority of
the members so request. A majority of members shall constitute a quorum.
G. The chairman of the board of trustees shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the board no later than the first day of each regular session of the General Assembly. 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.
§ 3.1-1108. Membership; terms; vacancies; compensation and expenses; chairman; chairman's executive summary.
A. The Commission shall be composed of 31 members as follows:
1. Six members of the House of Delegates appointed by the
Speaker of the House of Delegates in accordance with the principles of
proportional representation contained in the Rules of the House of Delegates;
2. Four members of the Senate appointed by the Senate
Committee on Privileges and Elections Rules;
3. The Secretary of Commerce and Trade or his designee;
4. The Secretary of Finance or his designee;
5. The Commissioner of Agriculture and Consumer Services or his designee;
6. Three nonlegislative citizen members who shall be active flue-cured tobacco producers appointed by the Governor. Of the active flue-cured tobacco producers, two shall be appointed by the Governor from a list of six persons provided by the members of the General Assembly appointed to the Commission;
7. Three nonlegislative citizen members who shall be active burley tobacco producers appointed by the Governor. Of the active burley tobacco producers, one member shall be appointed by the Governor from a list of three persons provided by the members of the General Assembly appointed to the Commission;
8. One nonlegislative citizen member who shall be a representative of the Virginia Farm Bureau Federation appointed by the Governor from a list of at least three persons provided by Virginia Farm Bureau Federation; and
9. Eleven members shall be nonlegislative citizens appointed by the Governor. Of the 11 nonlegislative citizen members, three shall be appointed by the Governor from a list of nine provided by the members of the General Assembly appointed to the Commission.
With the exception of the Secretary of Commerce and Trade or his designee, the Secretary of Finance or his designee and the Commissioner of Agriculture and Consumer Services or his designee, all members of the Commission shall reside in the Southside and Southwest regions of the Commonwealth and shall be subject to confirmation by the General Assembly. To the extent feasible, appointments representing the Southside and Southwest regions shall be proportional to the tobacco quota production of each region.
Except as otherwise provided herein, all appointments shall be for terms of four years each. Legislative members, the Secretary of Commerce and Trade, the Secretary of Finance, and the Commissioner of Agriculture and Consumer Services shall serve terms coincident with their terms of office. Legislative members may be reappointed. No nonlegislative citizen member shall be eligible to serve more than two successive four-year terms; however, after expiration of a term of three years or less, two additional four-year terms may be served by such member if appointed thereto. 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. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment.
The initial appointments of the active flue-cured tobacco producers, the active burley tobacco producers, and other nonlegislative citizen members shall be as follows: one active flue-cured tobacco producer, one active burley tobacco producer and four nonlegislative citizen members shall be appointed for terms of two years; one active flue-cured tobacco producer, one active burley tobacco producer and four nonlegislative citizen members shall be appointed for terms of three years; and one active flue-cured tobacco producer, one active burley tobacco producer and three nonlegislative citizen members shall be appointed for terms of four years. Thereafter all appointments shall be for terms of four years.
B. The Commission shall appoint from its membership a chairman
and a vice-chairman vice chairman, both of whom shall serve in
such capacities at the pleasure of the Commission. The chairman, or in his
absence, the vice-chairman vice chairman, shall preside at all
meetings of the Commission. The meetings of the Commission shall be held on the
call of the chairman or whenever the majority of the members so request. A
majority of members of the Commission serving at any one time shall constitute
a quorum for the transaction of business.
C. Legislative members of the Commission shall receive such compensation as is set forth in § 30-19.12, and nonlegislative members shall receive such compensation for the performance of their duties as provided in § 2.2-2813. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Such compensation and expenses shall be paid from the Fund.
D. Members and employees of the Commission shall be subject to the standards of conduct set forth in the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.) and may be removed from office for misfeasance, malfeasance, nonfeasance, neglect of duty, or misconduct in the manner set forth therein.
E. Except as otherwise provided in this chapter, members and employees of the Commission shall be subject to the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
F. The chairman of the Board shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Board no later than the first day of each regular session of the General Assembly. 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.
§ 10.1-1018. Virginia Land Conservation Board of Trustees; membership; terms; vacancies; compensation and expenses; chairman's executive summary.
A. The Foundation shall be governed and administered by a
Board of Trustees. The Board shall consist of have a total membership
of 18 members that include shall consist of 17 citizen
members and one ex officio voting member as follows: four citizen members, who
may be members of the House of Delegates, to be appointed by the Speaker of the
House of Delegates and, if such members are members of the House of Delegates,
in accordance with the principles of proportional representation contained in
the Rules of the House of Delegates; two citizen members, who may be members of
the Senate, to be appointed by the Senate Committee on Privileges and
Elections Rules; 11 nonlegislative citizen members, one from each
congressional district, to be appointed by the Governor; and the Secretary of
Natural Resources, or his designee, to serve ex officio with voting privileges.
Nonlegislative citizen members shall be appointed for four-year terms, except
that initial appointments shall be made for terms of one to four years in a
manner whereby no more than six members shall have terms that expire in the same
year. Legislative members and the ex officio member shall serve terms
coincident with their terms of office. Appointments to fill vacancies, other
than by expiration of a term, shall be made for the unexpired terms. Vacancies
shall be filled in the same manner as the original appointments. All members
may be reappointed. However, no Senate member shall serve more than two
consecutive four-year terms, no House member shall serve more than four
consecutive two-year terms and no nonlegislative citizen member shall serve
more than two consecutive four-year terms. The remainder of any term to which a
member is appointed to fill a vacancy shall not constitute a term in
determining the member's eligibility for reappointment. Nonlegislative citizen
members shall have experience or expertise, professional or personal, in one or
more of the following areas: natural resource protection and conservation,
construction and real estate development, natural habitat protection,
environmental resource inventory and identification, forestry management,
farming, farmland preservation, fish and wildlife management, historic
preservation, and outdoor recreation. At least one of the nonlegislative
citizen members shall be a farmer. Members of the Board shall post bond in the penalty
of $5,000 with the State Comptroller prior to entering upon the functions of
office.
B. The Secretary of Natural Resources shall serve as the
chairman of the Board of Trustees. The chairman shall serve until his successor
is appointed. The members appointed as provided in subsection A shall elect a vice-chairman
vice chairman annually from among the members of the Board. A majority
of the members of the Board serving at any one time shall constitute a quorum
for the transaction of business. The board shall meet at the call of the
chairman or whenever a majority of the members so request.
C. Trustees of the Foundation shall receive no compensation for their services. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties on behalf of the Foundation as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of expenses of the members shall be provided by the Department of Conservation and Recreation.
D. The chairman of the Board and any other person designated by the Board to handle the funds of the Foundation shall give bond, with corporate surety, in such penalty as is fixed by the Governor, conditioned upon the faithful discharge of his duties. The premium on the bonds shall be paid from funds available to the Foundation for such purpose.
E. The Board shall seek assistance in developing grant criteria and advice on grant priorities and any other appropriate issues from a task force consisting of the following agency heads or their designees: the Director of the Department of Conservation and Recreation, the Commissioner of Agriculture and Consumer Services, the State Forester, the Director of the Department of Historic Resources, the Director of the Department of Game and Inland Fisheries and the Executive Director of the Virginia Outdoors Foundation. The Board may request any other agency head to serve on or appoint a designee to serve on the task force.
F. The chairman of the Board shall submit to the Governor and the General Assembly a biennial executive summary of the interim activity and work of the Board no later than the first day of each even-numbered year regular session of the General Assembly. 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.
§ 18.2-271.2. Commission on VASAP; purpose; membership; terms; meetings; staffing; compensation and expenses; chairman's executive summary.
A. There is hereby established in the legislative branch of
state government the Commission on the Virginia Alcohol Safety Action Program
(VASAP). The Commission shall administer and supervise the state system of
local alcohol and safety action programs, develop and maintain operation and
performance standards for local alcohol and safety action programs, and
allocate funding to such programs. The Commission shall consist of have
a total membership of 15 members that include shall consist of 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
in accordance with the principles of proportional representation contained in
the Rules of the House of Delegates; two members of the Senate Committee
for Courts of Justice, to be appointed by the Senate Privileges and
Elections 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 Chairman of the Committee on District Courts; two directors
of local alcohol safety action programs, to be appointed by the legislative
members of the Commission; one representative from the law-enforcement
profession, to be appointed by the Speaker of the House and one nonlegislative
citizen at large, to be appointed by the Senate Committee on Privileges and
Elections Rules; one representative from the Virginia Department of
Motor Vehicles 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
Mental Health, Mental Retardation and Substance Abuse Services whose duties
also substantially involve such matters, to be appointed by the Commissioner of
the Department of Mental Health, Mental Retardation and Substance Abuse
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.
B. The Commission shall meet at least four times each year at
such places as it may from time to time designate. A majority of the members
shall constitute a quorum. The Commission shall elect a chairman and vice-chairman
vice chairman from among its membership.
The Commission shall be empowered to 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 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 Commission on VASAP Certification Manual. The Commission shall also oversee program plans, operations and performance and a system for allocating funds to cover deficits that may occur in the budgets of local programs.
C. The Commission shall appoint and employ and, at its pleasure, remove an executive director and such other persons as it may deem necessary, and determine their duties and fix their salaries or compensation.
D. The Commission shall appoint a Virginia Alcohol Safety Action Program Advisory Board to make recommendations to the Commission regarding its duties and administrative functions. The membership of such Board shall be appointed in the discretion of the Commission and include personnel from (i) local safety action programs, (ii) state or local boards of mental health and mental retardation 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.
E. 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 which is forwarded to the Virginia Alcohol Safety Action Program.
F. The chairman 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 the first day of each regular session of the General Assembly. 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.
§ 19.2-163.02. Membership of Indigent Defense Commission; expenses.
The Virginia Indigent Defense Commission shall consist of 12
members, including as follows: the chairmen of the House and
Senate Committees for Courts of Justice; the chairman of the Virginia State
Crime Commission; the Executive Secretary of the Supreme Court or his designee;
two attorneys officially designated by the Virginia State Bar; two persons
appointed by the Governor; two persons appointed by the Speaker of the House of
Delegates; and two persons appointed by the Senate Committee on Privileges
and Elections Rules. At least one of the appointments made by the
Governor, one of the appointments made by the Speaker, and one of the
appointments made by the Senate Committee on Privileges and Elections Rules,
shall be an attorney in private practice with a demonstrated interest in
indigent defense issues. Persons who are appointed by virtue of their office
shall hold terms coincident with their terms of office. All other appointments
members shall be appointed for terms of three years and
may be reappointed.
The Commission shall elect a chairman and a vice-chairman
vice chairman from among its membership. A majority of the members shall
constitute a quorum. The Commission shall meet at least four times each year.
The meetings of the Commission shall be held at the call of the chairman or
whenever the majority of the members so request.
Members shall be paid reasonable and necessary expenses incurred in the performance of their duties. Legislative members shall receive compensation as provided in § 30-19.12 and nonlegislative citizen members shall receive compensation for their services as provided in §§ 2.2-2813 and 2.2-2825.
§ 20-108.2. Guideline for determination of child support; quadrennial review by Child Support Guidelines Review Panel; executive summary.
A. There shall be a rebuttable presumption in any judicial or administrative proceeding for child support under this title or Title 16.1 or 63.2, including cases involving split custody or shared custody, that the amount of the award which would result from the application of the guidelines set forth in this section is the correct amount of child support to be awarded. In order to rebut the presumption, the court shall make written findings in the order as set out in § 20-108.1, which findings may be incorporated by reference, that the application of the guidelines would be unjust or inappropriate in a particular case as determined by relevant evidence pertaining to the factors set out in §§ 20-107.2 and 20-108.1. The Department of Social Services shall set child support at the amount resulting from computations using the guidelines set out in this section pursuant to the authority granted to it in Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2 and subject to the provisions of § 63.2-1918.
B. For purposes of application of the guideline, a basic child support obligation shall be computed using the schedule set out below. For combined monthly gross income amounts falling between amounts shown in the schedule, basic child support obligation amounts shall be extrapolated. However, unless one of the following exemptions applies where the sole custody child support obligation as computed pursuant to subdivision G 1 is less than $65 per month, there shall be a presumptive minimum child support obligation of $65 per month payable by the payor parent. Exemptions from this presumptive minimum monthly child support obligation shall include: parents unable to pay child support because they lack sufficient assets from which to pay child support and who, in addition, are institutionalized in a psychiatric facility; are imprisoned with no chance of parole; are medically verified to be totally and permanently disabled with no evidence of potential for paying child support, including recipients of Supplemental Security Income (SSI); or are otherwise involuntarily unable to produce income. "Number of children" means the number of children for whom the parents share joint legal responsibility and for whom support is being sought.
SCHEDULE OF MONTHLY BASIC CHILD SUPPORT OBLIGATIONS
COMBINED
MONTHLY
GROSS ONE TWO THREE FOUR FIVE SIX
INCOME CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN
0-599 65 65 65 65 65 65
600 110 111 113 114 115 116
650 138 140 142 143 145 146
700 153 169 170 172 174 176
750 160 197 199 202 204 206
800 168 226 228 231 233 236
850 175 254 257 260 263 266
900 182 281 286 289 292 295
950 189 292 315 318 322 325
1000 196 304 344 348 351 355
1050 203 315 373 377 381 385
1100 210 326 402 406 410 415
1150 217 337 422 435 440 445
1200 225 348 436 465 470 475
1250 232 360 451 497 502 507
1300 241 373 467 526 536 542
1350 249 386 483 545 570 576
1400 257 398 499 563 605 611
1450 265 411 515 581 633 645
1500 274 426 533 602 656 680
1550 282 436 547 617 672 714
1600 289 447 560 632 689 737
1650 295 458 573 647 705 754
1700 302 468 587 662 721 772
1750 309 479 600 676 738 789
1800 315 488 612 690 752 805
1850 321 497 623 702 766 819
1900 326 506 634 714 779 834
1950 332 514 645 727 793 848
2000 338 523 655 739 806 862
2050 343 532 666 751 819 877
2100 349 540 677 763 833 891
2150 355 549 688 776 846 905
2200 360 558 699 788 860 920
2250 366 567 710 800 873 934
2300 371 575 721 812 886 948
2350 377 584 732 825 900 963
2400 383 593 743 837 913 977
2450 388 601 754 849 927 991
2500 394 610 765 862 940 1006
2550 399 619 776 874 954 1020
2600 405 627 787 886 967 1034
2650 410 635 797 897 979 1048
2700 415 643 806 908 991 1060
2750 420 651 816 919 1003 1073
2800 425 658 826 930 1015 1085
2850 430 667 836 941 1027 1098
2900 435 675 846 953 1039 1112
2950 440 683 856 964 1052 1125
3000 445 691 866 975 1064 1138
3050 450 699 876 987 1076 1152
3100 456 707 886 998 1089 1165
3150 461 715 896 1010 1101 1178
3200 466 723 906 1021 1114 1191
3250 471 732 917 1032 1126 1205
3300 476 740 927 1044 1139 1218
3350 481 748 937 1055 1151 1231
3400 486 756 947 1067 1164 1245
3450 492 764 957 1078 1176 1258
3500 497 772 967 1089 1189 1271
3550 502 780 977 1101 1201 1285
3600 507 788 987 1112 1213 1298
3650 512 797 997 1124 1226 1311
3700 518 806 1009 1137 1240 1326
3750 524 815 1020 1150 1254 1342
3800 530 824 1032 1163 1268 1357
3850 536 834 1043 1176 1283 1372
3900 542 843 1055 1189 1297 1387
3950 547 852 1066 1202 1311 1402
4000 553 861 1078 1214 1325 1417
4050 559 871 1089 1227 1339 1432
4100 565 880 1101 1240 1353 1448
4150 571 889 1112 1253 1367 1463
4200 577 898 1124 1266 1382 1478
4250 583 907 1135 1279 1396 1493
4300 589 917 1147 1292 1410 1508
4350 594 926 1158 1305 1424 1523
4400 600 935 1170 1318 1438 1538
4450 606 944 1181 1331 1452 1553
4500 612 954 1193 1344 1467 1569
4550 618 963 1204 1357 1481 1584
4600 624 972 1216 1370 1495 1599
4650 630 981 1227 1383 1509 1614
4700 635 989 1237 1395 1522 1627
4750 641 997 1247 1406 1534 1641
4800 646 1005 1257 1417 1546 1654
4850 651 1013 1267 1428 1558 1667
4900 656 1021 1277 1439 1570 1679
4950 661 1028 1286 1450 1582 1692
5000 666 1036 1295 1460 1593 1704
5050 671 1043 1305 1471 1605 1716
5100 675 1051 1314 1481 1616 1728
5150 680 1058 1323 1492 1628 1741
5200 685 1066 1333 1502 1640 1753
5250 690 1073 1342 1513 1651 1765
5300 695 1081 1351 1524 1663 1778
5350 700 1088 1361 1534 1674 1790
5400 705 1096 1370 1545 1686 1802
5450 710 1103 1379 1555 1697 1815
5500 714 1111 1389 1566 1709 1827
5550 719 1118 1398 1576 1720 1839
5600 724 1126 1407 1587 1732 1851
5650 729 1133 1417 1598 1743 1864
5700 734 1141 1426 1608 1755 1876
5750 739 1148 1435 1619 1766 1888
5800 744 1156 1445 1629 1778 1901
5850 749 1163 1454 1640 1790 1913
5900 753 1171 1463 1650 1801 1925
5950 758 1178 1473 1661 1813 1937
6000 763 1186 1482 1672 1824 1950
6050 768 1193 1491 1682 1836 1962
6100 773 1201 1501 1693 1847 1974
6150 778 1208 1510 1703 1859 1987
6200 783 1216 1519 1714 1870 1999
6250 788 1223 1529 1724 1882 2011
6300 792 1231 1538 1735 1893 2023
6350 797 1238 1547 1745 1905 2036
6400 802 1246 1557 1756 1916 2048
6450 807 1253 1566 1767 1928 2060
6500 812 1261 1575 1777 1940 2073
6550 816 1267 1583 1786 1949 2083
6600 820 1272 1590 1794 1957 2092
6650 823 1277 1597 1801 1965 2100
6700 827 1283 1604 1809 1974 2109
6750 830 1288 1610 1817 1982 2118
6800 834 1293 1617 1824 1990 2127
6850 837 1299 1624 1832 1999 2136
6900 841 1304 1631 1839 2007 2145
6950 845 1309 1637 1847 2016 2154
7000 848 1315 1644 1855 2024 2163
7050 852 1320 1651 1862 2032 2172
7100 855 1325 1658 1870 2041 2181
7150 859 1331 1665 1878 2049 2190
7200 862 1336 1671 1885 2057 2199
7250 866 1341 1678 1893 2066 2207
7300 870 1347 1685 1900 2074 2216
7350 873 1352 1692 1908 2082 2225
7400 877 1358 1698 1916 2091 2234
7450 880 1363 1705 1923 2099 2243
7500 884 1368 1712 1931 2108 2252
7550 887 1374 1719 1938 2116 2261
7600 891 1379 1725 1946 2124 2270
7650 895 1384 1732 1954 2133 2279
7700 898 1390 1739 1961 2141 2288
7750 902 1395 1746 1969 2149 2297
7800 905 1400 1753 1977 2158 2305
7850 908 1405 1758 1983 2164 2313
7900 910 1409 1764 1989 2171 2320
7950 913 1414 1770 1995 2178 2328
8000 916 1418 1776 2001 2185 2335
8050 918 1423 1781 2007 2192 2343
8100 921 1428 1787 2014 2198 2350
8150 924 1432 1793 2020 2205 2357
8200 927 1437 1799 2026 2212 2365
8250 929 1441 1804 2032 2219 2372
8300 932 1446 1810 2038 2226 2380
8350 935 1450 1816 2045 2232 2387
8400 937 1455 1822 2051 2239 2395
8450 940 1459 1827 2057 2246 2402
8500 943 1464 1833 2063 2253 2410
8550 945 1468 1839 2069 2260 2417
8600 948 1473 1845 2076 2266 2425
8650 951 1478 1850 2082 2273 2432
8700 954 1482 1856 2088 2280 2440
8750 956 1487 1862 2094 2287 2447
8800 959 1491 1868 2100 2294 2455
8850 962 1496 1873 2107 2300 2462
8900 964 1500 1879 2113 2307 2470
8950 967 1505 1885 2119 2314 2477
9000 970 1509 1891 2125 2321 2484
9050 973 1514 1896 2131 2328 2492
9100 975 1517 1901 2137 2334 2498
9150 977 1521 1905 2141 2339 2503
9200 979 1524 1909 2146 2344 2509
9250 982 1527 1914 2151 2349 2514
9300 984 1531 1918 2156 2354 2520
9350 986 1534 1922 2160 2359 2525
9400 988 1537 1926 2165 2365 2531
9450 990 1541 1930 2170 2370 2536
9500 993 1544 1935 2175 2375 2541
9550 995 1547 1939 2179 2380 2547
9600 997 1551 1943 2184 2385 2552
9650 999 1554 1947 2189 2390 2558
9700 1001 1557 1951 2194 2396 2563
9750 1003 1561 1956 2198 2401 2569
9800 1006 1564 1960 2203 2406 2574
9850 1008 1567 1964 2208 2411 2580
9900 1010 1571 1968 2213 2416 2585
9950 1012 1574 1972 2218 2421 2590
10000 1014 1577 1977 2222 2427 2596
For gross monthly income between $10,000 and $20,000, add the amount of child support for $10,000 to the following percentages of gross income above $10,000:
ONE TWO THREE FOUR FIVE SIX
CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN
3.1% 5.1% 6.8% 7.8% 8.8% 9.5%
For gross monthly income between $20,000 and $50,000, add the amount of child support for $20,000 to the following percentages of gross income above $20,000:
ONE TWO THREE FOUR FIVE SIX
CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN
2% 3.5% 5% 6% 6.9% 7.8%
For gross monthly income over $50,000, add the amount of child support for $50,000 to the following percentages of gross income above $50,000:
ONE TWO THREE FOUR FIVE SIX
CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN
1% 2% 3% 4% 5% 6%
C. For purposes of this section, "gross income" means all income from all sources, and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits except as listed below, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans' benefits, spousal support, rental income, gifts, prizes or awards.
If a parent's gross income includes disability insurance benefits, it shall also include any amounts paid to or for the child who is the subject of the order and derived by the child from the parent's entitlement to disability insurance benefits. To the extent that such derivative benefits are included in a parent's gross income, that parent shall be entitled to a credit against his or her ongoing basic child support obligation for any such amounts, and, if the amount of the credit exceeds the parent's basic child support obligations, the credit may be used to reduce arrearages.
Gross income shall be subject to deduction of reasonable business expenses for persons with income from self-employment, a partnership, or a closely held business. "Gross income" shall not include:
1. Benefits from public assistance and social services programs as defined in § 63.2-100;
2. Federal supplemental security income benefits;
3. Child support received; or
4. Income received by the payor from secondary employment income not previously included in "gross income," where the payor obtained the income to discharge a child support arrearage established by a court or administrative order and the payor is paying the arrearage pursuant to the order. "Secondary employment income" includes but is not limited to income from an additional job, from self-employment, or from overtime employment. The cessation of such secondary income upon the payment of the arrearage shall not be the basis for a material change in circumstances upon which a modification of child support may be based.
For purposes of this subsection: (i) spousal support received shall be included in gross income and spousal support paid shall be deducted from gross income when paid pursuant to an order or written agreement and (ii) one-half of any self-employment tax paid shall be deducted from gross income.
Where there is an existing court or administrative order or written agreement relating to the child or children of a party to the proceeding, who are not the child or children who are the subject of the present proceeding, then there is a presumption that there shall be deducted from the gross income of the party subject to such order or written agreement, the amount that the party is actually paying for the support of a child or children pursuant to such order or agreement.
Where a party to the proceeding has a natural or adopted child or children in the party's household or primary physical custody, and the child or children are not the subject of the present proceeding, there is a presumption that there shall be deducted from the gross income of that party the amount as shown on the Schedule of Monthly Basic Child Support Obligations contained in subsection B that represents that party's support obligation based solely on that party's income as being the total income available for the natural or adopted child or children in the party's household or primary physical custody, who are not the subject of the present proceeding. Provided, however, that the existence of a party's financial responsibility for such a child or children shall not of itself constitute a material change in circumstances for modifying a previous order of child support in any modification proceeding. Any adjustment to gross income under this subsection shall not create or reduce a support obligation to an amount which seriously impairs the custodial parent's ability to maintain minimal adequate housing and provide other basic necessities for the child, as determined by the court.
In cases in which retroactive liability for support is being determined, the court or administrative agency may use the gross monthly income of the parties averaged over the period of retroactivity.
D. Except for good cause shown or the agreement of the parties, in addition to any other child support obligations established pursuant to this section, any child support order shall provide that the parents pay in proportion to their gross incomes, as used for calculating the monthly support obligation, any reasonable and necessary unreimbursed medical or dental expenses that are in excess of $250 for any calendar year for each child who is the subject of the obligation. The method of payment of those expenses shall be contained in the support order. Each parent shall pay his respective share of expenses as those expenses are incurred. Any amount paid under this subsection shall not be adjusted by, nor added to, the child support calculated in accordance with subsection G. For the purposes of this section, medical or dental expenses shall include but not be limited to eyeglasses, prescription medication, prosthetics, orthodontics, and mental health or developmental disabilities services, including but not limited to services provided by a social worker, psychologist, psychiatrist, counselor, or therapist.
E. Any costs for health care coverage as defined in § 63.2-1900 and dental care coverage, when actually being paid by a parent, to the extent such costs are directly allocable to the child or children, and which are the extra costs of covering the child or children beyond whatever coverage the parent providing the coverage would otherwise have, shall be added to the basic child support obligation.
F. Any child-care costs incurred on behalf of the child or children due to employment of the custodial parent shall be added to the basic child support obligation. Child-care costs shall not exceed the amount required to provide quality care from a licensed source. When requested by the noncustodial parent, the court may require the custodial parent to present documentation to verify the costs incurred for child care under this subsection. Where appropriate, the court shall consider the willingness and availability of the noncustodial parent to provide child care personally in determining whether child-care costs are necessary or excessive. Upon the request of either party, and upon a showing of the tax savings a party derives from child-care cost deductions or credits, the court shall factor actual tax consequences into its calculation of the child-care costs to be added to the basic child support obligation.
G. 1. Sole custody support. The sole custody total monthly child support obligation shall be established by adding (i) the monthly basic child support obligation, as determined from the schedule contained in subsection B, (ii) costs for health care coverage to the extent allowable by subsection E, and (iii) work-related child-care costs and taking into consideration all the factors set forth in subsection B of § 20-108.1. The total monthly child support obligation shall be divided between the parents in the same proportion as their monthly gross incomes bear to their monthly combined gross income. The monthly obligation of each parent shall be computed by multiplying each parent's percentage of the parents' monthly combined gross income by the total monthly child support obligation.
However, the monthly obligation of the noncustodial parent shall be reduced by the cost for health care coverage to the extent allowable by subsection E when paid directly by the noncustodial parent. Unreimbursed medical and dental expenses shall be calculated and allocated in accordance with subsection D.
2. Split custody support. In cases involving split custody, the amount of child support to be paid shall be the difference between the amounts owed by each parent as a noncustodial parent, computed in accordance with subdivision 1, with the noncustodial parent owing the larger amount paying the difference to the other parent. Unreimbursed medical and dental expenses shall be calculated and allocated in accordance with subsection D.
For the purpose of this section and § 20-108.1, split custody shall be limited to those situations where each parent has physical custody of a child or children born of the parents, born of either parent and adopted by the other parent or adopted by both parents. For the purposes of calculating a child support obligation where split custody exists, a separate family unit exists for each parent, and child support for that family unit shall be calculated upon the number of children in that family unit who are born of the parents, born of either parent and adopted by the other parent or adopted by both parents. Where split custody exists, a parent is a custodial parent to the children in that parent's family unit and is a noncustodial parent to the children in the other parent's family unit.
3. Shared custody support.
(a) Where a party has custody or visitation of a child or children for more than 90 days of the year, as such days are defined in subdivision G 3 (c), a shared custody child support amount based on the ratio in which the parents share the custody and visitation of any child or children shall be calculated in accordance with this subdivision. The presumptive support to be paid shall be the shared custody support amount, unless a party affirmatively shows that the sole custody support amount calculated as provided in subdivision G 1 is less than the shared custody support amount. If so, the lesser amount shall be the support to be paid. For the purposes of this subsection, the following shall apply:
(i) Income share. "Income share" means a parent's percentage of the combined monthly gross income of both parents. The income share of a parent is that parent's gross income divided by the combined gross incomes of the parties.
(ii) Custody share. "Custody share" means the number of days that a parent has physical custody, whether by sole custody, joint legal or joint residential custody, or visitation, of a shared child per year divided by the number of days in the year. The actual or anticipated "custody share" of the parent who has or will have fewer days of physical custody shall be calculated for a one-year period. The "custody share" of the other parent shall be presumed to be the number of days in the year less the number of days calculated as the first parent's "custody share." For purposes of this calculation, the year may begin on such date as is determined in the discretion of the court, and the day may begin at such time as is determined in the discretion of the court. For purposes of this calculation, a day shall be as defined in subdivision G 3 (c).
(iii) Shared support need. "Shared support need" means the presumptive guideline amount of needed support for the shared child or children calculated pursuant to subsection B of this section, for the combined gross income of the parties and the number of shared children, multiplied by 1.4.
(iv) Sole custody support. "Sole custody support" means the support amount determined in accordance with subdivision G 1.
(b) Support to be paid. The shared support need of the shared child or children shall be calculated pursuant to subdivision G 3 (a) (iii). This amount shall then be multiplied by the other parent's custody share. To that sum for each parent shall be added the other parent's cost of health care coverage to the extent allowable by subsection E, plus the other parent's work-related child-care costs to the extent allowable by subsection F. This total for each parent shall be multiplied by that parent's income share. The support amounts thereby calculated that each parent owes the other shall be subtracted one from the other and the difference shall be the shared custody support one parent owes to the other, with the payor parent being the one whose shared support is the larger. Unreimbursed medical and dental expenses shall be calculated and allocated in accordance with subsection D.
(c) Definition of a day. For the purposes of this section, "day" means a period of 24 hours; however, where the parent who has the fewer number of overnight periods during the year has an overnight period with a child, but has physical custody of the shared child for less than 24 hours during such overnight period, there is a presumption that each parent shall be allocated one-half of a day of custody for that period.
(d) Minimum standards. Any calculation under this subdivision shall not create or reduce a support obligation to an amount which seriously impairs the custodial parent's ability to maintain minimal adequate housing and provide other basic necessities for the child. If the gross income of either party is equal to or less than 150 percent of the federal poverty level promulgated by the U.S. Department of Health and Human Services from time to time, then the shared custody support calculated pursuant to this subsection shall not be the presumptively correct support and the court may consider whether the sole custody support or the shared custody support is more just and appropriate.
(e) Support modification. When there has been an award of child support based on the shared custody formula and one parent consistently fails to exercise custody or visitation in accordance with the parent's custody share upon which the award was based, there shall be a rebuttable presumption that the support award should be modified.
(f) In the event that the shared custody support calculation indicates that the net support is to be paid to the parent who would not be the parent receiving support pursuant to the sole custody calculation, then the shared support shall be deemed to be the lesser support.
H. The Secretary of Health and Human Resources shall ensure
that the guideline set out in this section is reviewed by October 31, 2001, and
every four years thereafter, by the Child Support Guidelines Review Panel,
consisting of 15 members that include comprised of four
legislative members and 11 nonlegislative citizen members. Members shall be
appointed as follows: three members of the House Committee for Courts of
Justice, upon the recommendation of the chairman of such committee, to be
appointed by the Speaker of the House of Delegates in accordance with the
principles of proportional representation contained in the Rules of the House
of Delegates; one member of the Senate Committee for Courts of Justice, upon
the recommendation of the chairman of such committee, to be appointed by the
Senate Committee on Privileges and Elections Rules; and one
representative of a juvenile and domestic relations district court, one
representative of a circuit court, one representative of the Department of
Social Services' Division of Child Support Enforcement, three members of the
Virginia State Bar, two custodial parents, two noncustodial parents, and one
child advocate, upon the recommendation of the Secretary of Health and Human
Resources, to be appointed by the Governor. The Panel shall determine the
adequacy of the guideline for the determination of appropriate awards for the
support of children by considering current research and data on the cost of and
expenditures necessary for rearing children, and any other resources it deems
relevant to such review. The Panel shall report its findings to the General
Assembly as provided in the procedures of the Division of Legislative Automated
Systems for the processing of legislative documents and reports before the
General Assembly next convenes following such review.
Legislative members shall serve terms coincident with their terms of office. Nonlegislative citizen members shall serve at the pleasure of the Governor. All members may be reappointed. Appointments to fill vacancies, other than by expiration of a term, shall be made for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments.
Legislative members shall receive such compensation as provided in § 30-19.12, and nonlegislative citizen members shall receive such compensation for the performance of their duties as provided in § 2.2-2813. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of compensation and expenses of the members shall be provided by the Department of Social Services.
The Department of Social Services shall provide staff support to the Panel. All agencies of the Commonwealth shall provide assistance to the Panel, upon request.
The chairman of the Panel shall submit to the Governor and the General Assembly a quadrennial executive summary of the interim activity and work of the Panel no later than the first day of 2006 regular session of the General Assembly and every four years thereafter. 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.
§ 22.1-337. Virginia representatives on Education Commission of the States; membership; terms; compensation and expenses; chairman's executive summary.
In accordance with the Compact for Education of 1968, which
established the Education Commission of the States, there shall be seven
commissioners representing Virginia on the Education Commission of the States.
The Virginia commissioners shall consist of one member of the House of
Delegates, to be appointed by the Speaker of the House of Delegates; one member
of the Senate, to be appointed by the Senate Committee on Privileges and
Elections Rules; four nonlegislative citizen members, of whom one
shall be the Superintendent of Public Instruction, to be appointed by the
Governor; and the Governor. The commissioners representing Virginia shall by
virtue of their training, experience, knowledge, or affiliations, collectively
reflect the broad interests of state government, the state's system of
education, public and higher education, nonprofessional and professional public
and nonpublic educational leadership.
Legislative members shall serve terms coincident with their terms of office. Nonlegislative citizen members shall serve at the pleasure of the Governor. All members may be reappointed. Appointments to fill vacancies, other than by expiration of a term, shall be made for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments.
The Governor shall designate one commissioner to serve as chairman of the Virginia commissioners for a two-year term. The commissioners shall meet on the call of the chairman or at the request of a majority of the members. A majority of the commissioners shall constitute a quorum. The commissioners may consider any and all matters related to recommendations of the Education Commission of the States or the general activities and business of the organization and shall have the authority to represent the Commonwealth in all actions of the Commission.
The commissioners shall serve without compensation. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. The costs of expenses of the legislative commissioners incurred in the performance of their duties shall be paid from appropriations to the Virginia Commission on Intergovernmental Cooperation for the attendance of conferences. The costs of expenses of nonlegislative citizen commissioners incurred in the performance of their duties shall be paid from such funds as may be provided for this purpose in the appropriations act.
The chairman of the Commissioners shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Commissioners no later than the first day of each regular session of the General Assembly. 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.
§ 22.1-346.1. Advisory Commission on the Virginia Schools for the Deaf and the Blind; membership; powers and duties; compensation; chairman and vice chairman; staff.
A. There is hereby established the Advisory Commission on the
Virginia Schools for the Deaf and the Blind, which shall consist of twelve 12
members to be appointed as follows: the Speaker of the House of
Delegates shall appoint five members of the House of Delegates and
appointed by the Speaker of the House of Delegates; three members of the Senate
appointed by the Senate Committee on Rules; three nonlegislative citizen
members, and the Senate Committee on Privileges and Elections shall appoint
three members of the Senate of Virginia appointed by the Speaker of the
House of Delegates; and one nonlegislative citizen member
appointed by the Senate Committee on Rules.
Of the three nonlegislative citizen members so
appointed by the Speaker of the House of Delegates, one shall be a former
student of either of the schools, one shall be a parent of a sensory impaired
multi-disabled student who is currently attending or has attended the Virginia
School for the Deaf, Blind and Multi-Disabled at Hampton, and one shall be a
current member of the Board of Education. The nonlegislative citizen
member to be appointed by the Senate Committee on Privileges and Elections Rules
shall be a former student of either of the schools or a parent of a student who
is currently attending or has attended either of the schools.
Legislative members shall serve on the Advisory Commission
until the expiration of their terms of office or until their successors shall
qualify. Nonlegislative citizen appointments shall be for terms of four
years, except that appointments to fill vacancies shall be for the unexpired
terms. Vacancies shall be filled in the same manner as the original
appointments. All members may be reappointed. However, no nonlegislative
citizen member of the Advisory Commission shall be eligible to serve for or
during more than two successive four-year terms, but after the
expiration of a term of three years or less, or after the expiration of the
remainder of a term to which appointed to fill a vacancy, two additional
four-year terms may be served by such member if appointed thereto. The
remainder of any term to which a member is appointed to fill a vacancy shall
not constitute a term in determining the member's eligibility for
reappointment.
B. The Advisory Commission shall (i) monitor the operations of the Virginia Schools for the Deaf and the Blind; (ii) advise the Board of Education and submit recommendations that seek to ensure the maintenance of a high quality and cost-effective program of study and a safe and nurturing residential environment at the schools; and (iii) perform any act or function which is in accord with the purposes of this section.
C. Legislative members of the Advisory Commission shall
receive such compensation as is set forth in § 30-19.12. Such compensation
shall be paid from funds appropriated to the General Assembly for such
purposes. All members shall be reimbursed for their actual all
reasonable and necessary expenses incurred in the performance of their
duties as members of the Advisory Commission as provided in §§ 2.2-2813 and
2.2-2825.
D. The Advisory Commission shall elect a chairman and a vice-chairman
vice chairman from among its members.
E. The Superintendent of Public Instruction shall designate a staff liaison to coordinate the activities of the Advisory Commission. The Advisory Commission shall meet four times per year or upon the request of its chairman or the Board of Education.
§ 23-287. Jamestown-Yorktown Foundation continued; Board of Trustees, officers and executive committee.
A. The Jamestown-Yorktown Foundation, hereinafter referred to
as the Foundation, is hereby continued and shall be deemed to be an institution
of higher education within the meaning of §§ 23-3.1 and 23-9.2. The Foundation
shall be administered by the Board of Trustees consisting of the following ex
officio trustees: the Governor, Lieutenant Governor, Attorney General, Speaker
of the House of Delegates, President Pro Tempore of the Senate, Chairman of the
House Appropriations Committee, Chairman of the Senate Finance Committee, and
the Secretary of Education. In addition, there shall be 12 members appointed by
the Governor from the Commonwealth at large for four-year terms who shall be
subject to confirmation by a majority of the members of each house of the
General Assembly; eight members appointed by the Speaker of the House of
Delegates from the membership thereof for terms concurrent with the terms for
which they have been elected to office; four members appointed by the Senate
Committee on Privileges and Elections of the Senate Rules
from the membership of the Senate for terms concurrent with the term for which
they have been elected to office; five members annually elected by the Board of
Trustees, some of whom may be nonresidents of the Commonwealth; and any and all
chairmen emeriti elected by the Board of Trustees pursuant to § 23-288. The
president of the Jamestown-Yorktown Foundation, Inc. shall also serve as a
member of the Board of Trustees. Nonresident members of the Board of Trustees
shall serve at no expense to the Commonwealth. Appointments to fill vacancies
shall be for the unexpired terms.
The Board of Trustees shall elect a chairman, vice-chairman
vice chairman and such other officers as are deemed necessary. The
chairman shall appoint seven or more members of the Board to constitute an
executive committee, the membership of which shall include the chairman and vice-chairman
vice chairman.
Resident members of the Board of Trustees shall be reimbursed
for actual all reasonable and necessary expenses of attending
its meetings incurred in the performance of their duties as provided in
§§ 2.2-2813 and 2.2-2825 and shall receive compensation at the per diem
rate established for members of the General Assembly as provided in §
30-19.12. The funding for the costs of compensation and expenses of the
members shall be provided by the Foundation.
B. The Foundation is an educational institution and has the further responsibility to administer certain historical museums and such related programs as may be established as defined from time to time.
§ 23-297. Board of Trustees; membership; terms; officers and committees; compensation.
The Frontier Culture Museum of Virginia shall be administered
by a Board of Trustees consisting of no more than twenty-five 25
members. The members shall be appointed as follows: five members of the House
of Delegates shall be appointed by the Speaker of the House of Delegates; three
members of the Senate shall be appointed by the Senate Committee on Privileges
and Elections Rules; and nine nonlegislative citizen members
shall be appointed by the Governor. The Governor may appoint, upon
recommendation of the Board of Trustees, eight additional nonlegislative
members for four-year terms who may be nonresidents of the Commonwealth and who
shall serve at no expense to the Commonwealth.
Legislative members shall serve terms coincident with their
terms of office. Members appointed by the Governor shall serve terms as
follows: three members shall serve for one year, two members shall serve for
two years, two members shall serve for three years, and two members shall serve
for four years. Thereafter After the initial staggering of terms, nonlegislative
members appointed shall serve for four-year terms. Appointments to fill
vacancies shall be made for the unexpired term. The Governor may appoint,
upon recommendation of the Board of Trustees, eight additional members for
four-year terms who may be nonresidents of the Commonwealth and who shall serve
at no expense to the Commonwealth. All members may be reappointed.
The Board of Trustees shall elect a chairman, vice-chairman
vice chairman, and such other officers as it deems necessary. Seven or
more of the members of the Board of Trustees shall constitute an executive
committee.
The Board of Trustees shall be reimbursed for actual all
reasonable and necessary expenses incurred in the performance of their
duties as provided in §§ 2.2-2813 and 2.2-2825 and shall be compensated at
the per diem rate established for members of the General Assembly for meetings
as provided in § 30-19.12. Funding for the costs of compensation and
expenses of the members shall be provided by the Frontier Culture Museum.
§ 30-73.2. Membership; terms; compensation.
A. The Commission shall be composed of twelve 12 members
as follows: five members of the Senate to be appointed by the Senate Committee
on Privileges and Elections Rules, and seven members of the House
of Delegates to be appointed by the Speaker of the House, in accordance with
the principles of proportional representation contained in the Rules of the
House of Delegates. Six members shall constitute a quorum.
B. Members shall serve for terms coincident with their terms
of office. Members may be reappointed. Vacancies occurring other than by
expiration of term shall be filled for the unexpired term. Whenever any
member fails to retain his membership in the house from which he was appointed,
his membership shall be vacated, and the vacancy shall be filled in the
original manner. Subsequent appointments shall be made for similar terms, and
vacancies shall be filled for the unexpired terms by the persons authorized to
make the original appointments. Vacancies shall be filled in the same
manner as the original appointments.
C. The members of the Commission shall elect a chairman and vice-chairman
vice chairman from among its members.
D. Members of the Commission shall receive compensation as
provided in § 30-19.12 and shall be reimbursed for all reasonable and necessary
expenses incurred in the discharge performance of their duties as
provided in §§ 2.2-2813 and 2.2-2825. However, all such expense
payments shall come from existing appropriations to the Commission.
§ 30-168.1. (Effective until July 1, 2007) Membership; terms; vacancies; chairman and vice chairman; quorum; meetings.
The Commission shall consist of 18 legislative members.
Members shall be appointed as follows: eight members of the Senate, to be
appointed by the Senate Committee on Privileges and Elections Rules;
and 10 members of the House of Delegates, of whom three shall be members of the
House Committee on Health, Welfare and Institutions, to be appointed by the
Speaker of the House of Delegates in accordance with the principles of
proportional representation contained in the Rules of the House of Delegates.
Members of the Commission shall serve terms coincident with
their terms of office. Members may be reappointed. Appointments to fill
vacancies, other than by expiration of a term, shall be for the unexpired
terms. The remainder of any term to which a member is appointed to fill a
vacancy shall not constitute a term in determining the member's eligibility for
reappointment. Vacancies shall be filled in the same manner as the original
appointments.
The Commission shall elect a chairman and vice-chairman
vice chairman from among its membership. A majority of the members shall
constitute a quorum. The meetings of the Commission shall be held at the call
of the chairman or whenever the majority of the members so request.
No recommendation of the Commission shall be adopted if a majority of the Senate members or a majority of the House members appointed to the Commission (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the Commission.
§ 30-172. Powers and duties of Commission.
The Commission shall have the power and duty to:
1. Encourage and arrange conferences with officials of other states and other units of government;
2. Carry forward the participation of Virginia as a member of the Council of State Governments, both regionally and nationally;
3. Formulate proposals for cooperation between Virginia and other states;
4. Establish such committees as it deems advisable to conduct conferences and formulate proposals concerning subjects of interstate cooperation;
5. Monitor and evaluate the Commonwealth's participation in interstate compacts;
6. Review, evaluate, and recommend suggested uniform state legislation;
7. Require, at its discretion, from any appointee representing Virginia on any interstate compact, commission, committee, or board, a report on that organization's work and accomplishments;
8. Review, evaluate, and make recommendations concerning federal policies that are of concern to the Commonwealth;
9. Establish such committees as deemed advisable and designate the members of every such committee. State officials who are not members of the Commission may be appointed as members of any such committee, but at least one member of the Commission shall be a member of every such committee; and
10. Appoint persons drawn from the membership of the Senate, the membership of the House of Delegates, and officials of state and local government to serve on those intergovernmental boards, committees, and commissions as to which the Commonwealth is entitled to such appointment, or is invited to make such appointment; provided that members of the General Assembly shall be appointed as follows:
a. If an appointment be made from the membership of the
Senate, such an appointment shall be made by the Commission on Interstate
Cooperation of the Senate and shall be approved by the Senate Committee on
Privileges and Elections of the Senate Rules; and
b. If an appointment be made from the membership of the House of Delegates, such appointment shall be made by the Commission on Interstate Cooperation of the House of Delegates and shall be approved by the Speaker of the House of Delegates.
The Commission may provide such rules as it considers appropriate concerning the membership and the functioning of any committee established.
§ 30-208. (Expires July 1, 2008) Consumer Advisory Board; purpose; membership; compensation and expenses; staffing.
A. There shall be established a Consumer Advisory Board to
assist the Commission on Electric Utility Restructuring in its work as
prescribed in § 30-205 and on other issues as may be directed by the
Commission. The Board shall consist of eight members as follows: three
nonlegislative citizen members appointed by the Senate Committee on Privileges
and Elections Rules; four nonlegislative citizen members appointed
by the Speaker of the House of Delegates and one member of the Commission
designated by the chairman to serve as a nonvoting liaison member. Appointed
members shall be from all classes of consumers and with geographical
representation of the regions of the Commonwealth and shall be citizens of the
Commonwealth. The chairman of the Commission shall select the chairman of the
Board.
B. The Board shall be limited to meeting on the call of the chairman of the Commission.
C. The legislative member of the Board shall receive compensation as provided in § 30-19.12, and nonlegislative citizen members shall receive such compensation for the performance of their duties as provided in § 2.2-2813. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. However, all such compensation shall be paid from existing appropriations to the Commission or, if unfunded, shall be approved by the Joint Rules Committee. Unless otherwise approved in writing by the chairman of the Commission, nonlegislative citizen members shall only be reimbursed for travel originating and ending within the Commonwealth of Virginia for the purpose of attending meetings.
D. Administrative staff support shall be provided by the Office of the Clerk of the Senate or the Office of Clerk of the House of Delegates as may be appropriate for the house in which the chairman of the Commission serves. The Division of Legislative Services shall provide legal, research, policy analysis, and other services as requested by the Board. All agencies of the Commonwealth shall provide assistance to the Board, upon request.
§ 30-212. (Expires July 1, 2006) Membership; terms; vacancies; chairman and vice chairman; quorum; meetings.
The Virginia delegation shall consist of five legislative
members. Members shall be appointed as follows: two members of the Senate, to
be appointed by the Senate Committee on Privileges and Elections Rules;
and three members of the House of Delegates, to be appointed by the Speaker of
the House of Delegates in accordance with the principles of proportional
representation contained in the Rules of the House of Delegates. Members shall
serve terms coincident with their terms of office. All members may be
reappointed. Appointments to fill vacancies, other than by expiration of a
term, shall be made for the unexpired terms. Vacancies shall be filled in the
same manner as the original appointments.
The Delegation shall elect a chairman and a vice-chairman
vice chairman from among its membership. A majority of the members shall
constitute a quorum. The Delegation shall meet at least four times each year.
The meetings of the Delegation shall be held at the call of the chairman or
whenever the majority of the members so request.
§ 53.1-176.3. Virginia State Council for Interstate Adult Offender Supervision.
A. A The Virginia state council for
interstate adult offender supervision State Council for Interstate Adult Offender
Supervision (the Council) is created as a policy
council, within the meaning of § 2.2-2100, in the executive branch of state
government. The Council shall consist of five members:
1. One representative of legislative branch appointed by the Joint Rules Committee;
2. One representative of the judicial branch appointed by the Chief Justice of the Supreme Court;
3. One representative of the executive branch appointed by the Governor;
4. One representative of nonlegislative citizen
member, representing a victims' group appointed by the Governor; and
5. One individual nonlegislative citizen member who
in addition to serving as a member of the Council shall serve as the Compact
administrator for Virginia, appointed by the Governor.
The appointments shall be subject to confirmation by the General Assembly. The legislative members and other state officials appointed to the Council shall serve terms coincident with their terms of office. Members who are not state officials shall be appointed for four-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. Vacancies shall be filled in the same manner as the original appointments.
B. The State Council shall appoint the compact
administrator as the Virginia commissioner to the Interstate Commission. The Virginia commissioner shall serve on the Interstate Commission in such capacity under or
pursuant to applicable law of this Commonwealth.
C. The State Council shall exercise oversight and
advocacy concerning its participation in interstate commission activities and
other duties as may be determined by the State Council, including
development of policies concerning operations and procedures of the Compact
within Virginia.
D. The Council shall elect a chairman and vice chairman annually. A majority of the members of the Council shall constitute a quorum. Meetings of the Council shall be held at the call of the chairman or whenever the majority of the members so request.
E. Legislative members of the Council shall receive such compensation as provided in § 30-19.12 and nonlegislative citizen members shall receive such compensation as provided in § 2.2-2813 for their services. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of compensation and expenses of the members shall be provided by the Department of Corrections.
F. The Department of Corrections shall provide staff support to the Council.
2. That this act shall not be construed to affect existing appointments, made by the Senate Committee on Privileges and Elections, for which the terms have not expired. However, any new appointments made after July 1, 2005 shall be made in accordance with the provisions of this act.