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Developed and maintained by the Division of Legislative Automated Systems.
2007 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-2101, as it is currently effective and as it shall become effective, and 2.2-2628 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 2.2-2629.1 and 2.2-2629.2 as follows:
§ 2.2-2101. (Effective until July 1, 2008) Prohibition against service by legislators on boards, commissions, and councils within the executive branch; exceptions.
Members of the General Assembly shall be ineligible to serve on boards, commissions, and councils within the executive branch of state government who are responsible for administering programs established by the General Assembly. Such prohibition shall not extend to boards, commissions, and councils engaged solely in policy studies or commemorative activities. If any law directs the appointment of any member of the General Assembly to a board, commission, or council in the executive branch of state government that is responsible for administering programs established by the General Assembly, such portion of such law shall be void, and the Governor shall appoint another person from the Commonwealth at large to fill such a position.
The provisions of this section shall not apply to members of
the Board for Branch Pilots, who shall be appointed as provided for in § 54.1-901;
to members of the Council on Indians, who shall be appointed as provided for
in § 2.2-2628; to members of the Board of Trustees of the Southwest
Virginia Higher Education Center, who shall be appointed as provided for in §
23-231.3; to members of the Board of Trustees of the Southern Virginia Higher
Education Center, who shall be appointed as provided for in § 23-231.25; to
members of the Board of Directors of the New College Institute who shall be
appointed as provided for in § 23-231.31; to members of the Virginia
Interagency Coordinating Council who shall be appointed as provided for in §
2.2-5204; to members of the Board of Veterans Services, who shall be appointed
as provided for in § 2.2-2452; to members appointed to the Board of Trustees of
the Roanoke Higher Education Authority pursuant to § 23-231.15; to members of
the Commonwealth Competition Commission, who shall be appointed as provided for
in § 2.2-2621; to members of the Virginia Geographic Information Network
Advisory Board, who shall be appointed as provided for in § 2.2-2423; to
members of the Advisory Commission on the Virginia Schools for the Deaf and the
Blind, who shall be appointed as provided for in § 22.1-346.1; to members of
the Substance Abuse Services Council, who shall be appointed as provided for in
§ 2.2-2696; to members of the Criminal Justice Services Board, who shall be
appointed as provided in § 9.1-108; to members of the Council on Virginia's
Future, who shall be appointed as provided for in § 2.2-2685; to members of the
State Executive Council for Comprehensive Services for At-Risk Youth and
Families, who shall be appointed as provided in § 2.2-2648; to members of the
Virginia Workforce Council, who shall be appointed as provided for in §
2.2-2669; to members of the Commission on Civics Education, who shall be
appointed as provided for in § 22.1-212.18; to members of the Volunteer
Firefighters' and Rescue Squad Workers' Service Award Fund Board, who shall be
appointed as provided for in § 51.1-1201; to members of the Secure Commonwealth
Panel, who shall be appointed as provided for in § 2.2-306; or to members of
the Forensic Science Board, who shall be appointed as provided for in §
9.1-1109.
§ 2.2-2101. (Effective July 1, 2008) Prohibition against service by legislators on boards, commissions, and councils within the executive branch; exceptions.
Members of the General Assembly shall be ineligible to serve on boards, commissions, and councils within the executive branch of state government who are responsible for administering programs established by the General Assembly. Such prohibition shall not extend to boards, commissions, and councils engaged solely in policy studies or commemorative activities. If any law directs the appointment of any member of the General Assembly to a board, commission, or council in the executive branch of state government that is responsible for administering programs established by the General Assembly, such portion of such law shall be void, and the Governor shall appoint another person from the Commonwealth at large to fill such a position.
The provisions of this section shall not apply to members of
the Board for Branch Pilots, who shall be appointed as provided for in §
54.1-901; to members of the Council on Indians, who shall be appointed as
provided for in § 2.2-2628; to members of the Board of Trustees of the
Southwest Virginia Higher Education Center, who shall be appointed as provided
for in § 23-231.3; to members of the Board of Trustees of the Southern Virginia
Higher Education Center, who shall be appointed as provided for in § 23-231.25;
to members of the Board of Directors of the New College Institute who shall be
appointed as provided for in § 23-231.31; to members of the Virginia
Interagency Coordinating Council who shall be appointed as provided for in §
2.2-5204; to members of the Board of Veterans Services, who shall be appointed
as provided for in § 2.2-2452; to members appointed to the Board of Trustees of
the Roanoke Higher Education Authority pursuant to § 23-231.15; to members of
the Commonwealth Competition Commission, who shall be appointed as provided for
in § 2.2-2621; to members of the Virginia Geographic Information Network
Advisory Board, who shall be appointed as provided for in § 2.2-2423; to
members of the Advisory Commission on the Virginia Schools for the Deaf and the
Blind, who shall be appointed as provided for in § 22.1-346.1; to members of
the Substance Abuse Services Council, who shall be appointed as provided for in
§ 2.2-2696; to members of the Criminal Justice Services Board, who shall be
appointed as provided in § 9.1-108; to members of the State Executive Council
for Comprehensive Services for At-Risk Youth and Families, who shall be
appointed as provided in § 2.2-2648; to members of the Virginia Workforce
Council, who shall be appointed as provided for in § 2.2-2669; to members of
the Commission on Civics Education, who shall be appointed as provided for in §
22.1-212.18; to members of the Volunteer Firefighters' and Rescue Squad
Workers' Service Award Fund Board, who shall be appointed as provided for in §
51.1-1201; to members of the Secure Commonwealth Panel, who shall be appointed
as provided for in § 2.2-306; or to members of the Forensic Science Board, who
shall be appointed as provided for in § 9.1-1109.
§ 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 18 members
that shall consist of four legislative members and 14 nonlegislative citizen
members as follows: (i) 13 nonlegislative members representing (i)
the chiefs of the Virginia tribes officially recognized by the
Commonwealth, who shall be entitled but not required to be represented by
one member from each tribe, and the remaining Indian members chosen at large
from the Indian population residing in Virginia, and one member from the
Commonwealth at large, all of whom shall be appointed by the Governor; (ii)
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 (iii) one member of the
Senate appointed by the Senate Committee on Rules (ii) two members
appointed at large by the Governor from the Indian population residing in
Virginia, and (iii) one nonvoting member appointed by the Governor who is a
senior member of his staff. If a recognized tribe elects not to be
represented, then that seat on the Council shall remain vacant until such time
as the tribe elects to be represented. 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. Each
chief shall serve a term coincident with his term of office as chief and may
appoint one designee who may serve as his representative at Council meetings
and other Council activities. The senior member of the Governor's staff shall
serve a term coincident with the member's term of office. After the original
appointments, the appointments of the at large members shall be for terms of
two years except appointments to fill vacancies, which shall be for the
unexpired terms. At large members may be reappointed. However, no at large
member shall be eligible to serve more than three successive two-year terms.
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 from among its membership. The Council shall annually
elect a chair and vice-chair 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.
§ 2.2-2629.1. Advisory Committee.
The Council shall establish a non voting advisory committee consisting of representatives of Virginia tribes officially recognized by the Commonwealth and non-recognized Indian descendant communities. The advisory committee shall perform duties which may be assigned by the Council.
§ 2.2-2629.2. Recognition of Tribal Relations.
The Commonwealth of Virginia recognizes the continuous contributions of the Indian tribal nations to the Commonwealth’s history and culture and hereby reaffirms the spirit and intent of the original treaties between the Tribes and the British Crown in 1646 and 1677 and shall operate, to the extent permitted by the United States Constitution, in accordance with that spirit and intent when dealing with such Virginia tribes as may be officially recognized by the Commonwealth.
2. That the initial appointments of the at large members appointed by the Governor shall be staggered as follows: one member appointed for an initial term of one year; and one member appointed for a term of three years.