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2008 SPECIAL SESSION II
081226616Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-203.2:1 as it is effective and as it may become effective and 2.2-2101 of the Code of Virginia are amended and reenacted as follows:
§ 2.2-203.2:1. Secretary to report state job elimination due to privatization.
On or before November 30 of each year, the Secretary shall
report to the Governor and the General Assembly on the number of state jobs
eliminated in the immediately preceding fiscal year due to the privatization of
commercial activities to a commercial source. As used in this section, "commercial
activities" and "commercial source" shall mean the same as those
terms are defined in § 2.2-2620. unless the context
requires a different meaning:
"Commercial activity" means performing services or providing goods that can normally be obtained from private enterprise.
"Commercial source" means any business or other concern that is eligible for a contract award in accordance with the Virginia Public Procurement Act ( 2.2-4300 et seq.).
§ 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 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; to members of the Forensic
Science Board, who shall be appointed as provided for in § 9.1-1109; or to
members of the Virginia Commission on Immigration, who shall be appointed as
provided in § 2.2-2530.
§ 2.2-2101. (Effective July 1, 2008, for contingent expiration date, see Editor's note) 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 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; to members of the Forensic Science Board, who
shall be appointed as provided for in § 9.1-1109; or to members of the Virginia
Commission on Immigration, who shall be appointed as provided in § 2.2-2530.
§ 2.2-2101. (Contingent effective date, see Editor's note) 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 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. That Article 8 (§§ 2.2-2620 through 2.2-2625) of Chapter 26 of Title 2.2 of the Code of Virginia is repealed.
3. That any monetary savings realized from the implementation of this act shall be applied to the Transportation Trust Fund established pursuant to § 33.1-23.03:1.