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2012 SESSION

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SB 678 Governor's reorganization of executive branch of state government.

Introduced by: Ryan T. McDougle | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Governor's reorganization of executive branch of state government.  Reorganizes the executive branch of state government as follows:

Eliminates the Commonwealth Competition Council and transfers the responsibility of developing and maintaining the commercial activities list to the Department of Planning and Budget [Enactments 1-2; HJ 49 #1];

Eliminates the Interagency Dispute Resolution Advisory Council [Enactment 3; HJ 49 #2];

Eliminates the Virginia Public Buildings Board [Enactments 4-5; HJ 49 #3];

Eliminates the Virginia Council on Human Resources. The bill also authorizes the Director of the Department of Human Resource Management to convene ad hoc working groups to address issues relating to the state workforce [Enactments 6-7; HJ 49 #4];

Abolishes the Department of Employment Dispute Resolution and transfers its duties to the Department of Human Resource Management [Enactments 8-12; HJ 49 #5];

Transfers certain investigation and consumer complaint functions from the Department of Agriculture and Consumer Services to the Office of the Attorney General. The bill also abolishes the Human Rights Council and transfers the investigative functions of the Council to the Office of the Attorney General [Enactments 13-17; HJ 49 #6 and #8];

Eliminates the Reforestation Board and transfers its responsibilities to the Board of Forestry. The terms of the current members of the Board of Forestry will expire July 1, 2012, and the Governor is authorized to appoint 11 new members to the Board. Initially, the members will be appointed for staggered terms [Enactments 18-21; HJ 49 #9];

Eliminates the Seed Potato Board and incorporates its duties and responsibilities into the Potato Board [Enactments 22-26; HJ 49 #10];

Consolidates the Bright Flue-Cured and Dark-Fired Tobacco Boards into the nine-member Tobacco Board. The promotion funds for the two types of tobacco will continue to operate [Enactments 27-30; HJ 49 #11];

Eliminates the Pesticide Control Board and transfers its duties and responsibilities to the Board of Agriculture and Consumer Services. The bill also increases the membership of the Board of Agriculture and Consumer Services by adding two pesticide applicators [Enactments 31-33; HJ 49 #12];

Merges the Board for Hearing Aid Specialists with the Board for Opticians [Enactments 34-37; HJ 49 #13];

Merges the Board for Professional Soil Scientists and Wetland Professionals with the Board for Geology [Enactments 38-43; HJ 49 #14];

Eliminates the Small Business Advisory Board and adds two members to the Small Business Commission [Enactments 44-45; HJ 49 #15];

Eliminates the Board of Surface Mining Review and requires any appeals of an order issued by the Department of Mines, Minerals and Energy to be conducted by the Department using the case decision procedures of the Administrative Process Act [Enactments 46-47; HJ 49 #16];

Eliminates the Board of Mineral Mining Examiners and places its duties and responsibilities with the Department of Mines, Minerals and Energy [Enactments 48-50; HJ 49 #17];

Eliminates the Virginia National Defense Industrial Authority [Enactments 51-52; HJ 49 #18];

Deregulates hair braiders and hair braiding schools and salons [Enactments 53-54; HJ 49 #19];

Deregulates mold remediators and mold inspectors [Enactments 55-56; HJ 49 #20];

Eliminates the Virginia Public Broadcasting Board and transfers its duties to the Board of Education [Enactments 57-58; HJ 49 #21];

Eliminates the Department for the Aging and the Department of Rehabilitative Services and transfers the powers and duties of those agencies to the newly created Department for Aging and Rehabilitative Services. The bill also transfers powers and duties related to the administration of auxiliary grants and provision of adult services and adult protective services from the Department of Social Services to the newly created Department for Aging and Rehabilitative Services. Some sections amended and repealed have delayed effective dates [Enactments 59-71; HJ 49 #22 and #23];

Eliminates the Advisory Board on Child Abuse and Neglect and transfers its duties to the Board of Trustees of the Family and Children's Trust Fund [Enactments 72-73; HJ 49 #24];

Eliminates the Hemophilia Advisory Board [Enactment 74; HJ 49 #25];

Eliminates the Child Day-Care Council and assigns responsibility for regulating child day programs to the State Board of Social Services. The bill increases the membership of the State Board from nine to 11 members and adds a requirement that at least two members of the State Board of Social Services be child care professionals and provides that regulations promulgated by the Child Day-Care Council shall remain in full force and effect until regulations are promulgated by the State Board of Social Services [Enactments 75-78; HJ 49 #26];

Moves the responsibility of providing environmental education programs from the Department of Environmental Quality to the Department of Conservation and Recreation [Enactment 79; HJ 49 #27];

Moves the Municipal Separate Storm Sewer System (MS4) Program from the Virginia Soil and Water Conservation Board to the State Water Control Board. The bill has to be reenacted to become effective, except that the assessment by the Secretary of Natural Resources of the water quality programs of the Commonwealth can begin July 1, 2012 [Enactments 80-89; HJ 49 #28];

Abolishes the Chippokes Plantation Farm Foundation and transfers any interests in any real or tangible personal property of the Foundation to the Department of Conservation and Recreation [Enactments 90-92; HJ 49 #29];

Eliminates the Virginia Scenic River Board and transfers its duties to the Board of Conservation and Recreation [Enactments 93-94; HJ 49 #30];

Eliminates the Boating Advisory Committee [Enactment 95; HJ 49 #31];

Eliminates the Council on Indians [Enactments 96-97; HJ 49 #32];

Eliminates the Foundation for Virginia's Natural Resources [Enactment 98; HJ 49 #33];

Eliminates the Department of Correctional Education. The bill divides the provision and administration of education in correctional institutions between the Department of Corrections and the Department of Juvenile Justice, with supervision by a newly created Division of Correctional Education within the Department of Juvenile Justice [Enactments 99-100; HJ 49 #34 and #35];

Eliminates the gubernatorially appointed committee, known colloquially as the Virginia Juvenile Enterprise Committee, that reviews agreements between the Department of Juvenile Justice and public or private entities for the operation of work programs for juveniles committed to the Department [Enactments 101-102 HJ 49 #36];

Transfers the responsibility for the administration of a substance abuse prevention program from the Governor to the Alcoholic Beverage Control Board. The bill gives the ABC Board the duty to (i) coordinate substance abuse prevention activities of agencies of the Commonwealth in such program, (ii) review substance abuse prevention program expenditures by agencies of the Commonwealth, and (iii) determine the direction and appropriateness of such expenditures. The Board is to cooperate with federal, state, and local agencies, private and public agencies, interested organizations, and individuals in order to prevent substance abuse within the Commonwealth. The Board must report annually by December 1 to the Governor and the General Assembly on the substance abuse prevention activities of the Commonwealth [Enactments 103-104; HJ 49 #37];

Abolishes the Board of Transportation Safety [Enactment 105; HJ 49 #38];

Abolishes the Board of Towing and Recovery Operators and requires towing and recovery operators, defined in the bill, to be registered with the Department of Criminal Justice Services. The bill sets out prohibited acts by towing and recovery operators. The bill also provides that complaints against a towing and recovery operator may be made to the Division of Consumer Counsel at the Office of the Attorney General [Enactments 106-110; HJ 49 #39]; and

Establishes the Virginia War Memorial as a division within the Department of Veterans Services. The bill eliminates the Virginia War Memorial Foundation and replaces it with the Virginia War Memorial Board and sets the membership, terms, and powers and duties of the Board [Enactments 111-112; HJ 49 #40].

The bill contains numerous technical amendments to accomplish this reorganization.


FULL TEXT

AMENDMENTS

HISTORY