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2013 SESSION
13102024DBe it enacted by the General Assembly of Virginia:
1. That §§ 23-9.2:4.1, 23-41, 23-49.14, 23-49.25, 23-50.6, 23-70, 23-91.26, 23-91.36, 23-93, 23-115, 23-155.4, 23-164.3, 23-165.4, 23-174.4, 23-185, and 23-216 of the Code of Virginia are amended and reenacted as follows:
§ 23-9.2:4.1. Faculty representatives to the State Board for Community Colleges, local community college boards, and boards of visitors.
A. The State Board for Community Colleges, local community
college boards, and the boards of visitors of any four-year state institution
of higher education may shall appoint one or more nonvoting, advisory
faculty representatives member
to their respective boards. In the case of local community college boards and
boards of visitors, the representatives faculty member
appointed by to the boards shall be chosen from
individuals elected by the faculty or the institution's
faculty senate or other equivalent group of the relevant institution. In the
case of the State Board for Community Colleges,
representatives the faculty
member appointed by to the Board shall be chosen from
individuals elected by the Chancellor's Faculty Advisory
Committee. Such representatives shall be appointed to serve terms of not less than one
12-month period, which shall be coterminous with the institution's fiscal year,
or for such terms as may be mutually agreed to by the State Board for Community
Colleges and the Chancellor's Faculty Advisory Committee, or by the local
community college board or the board of visitors, as the case may be, and the
institution's faculty senate or other equivalent group four years.
B. Nothing in this section shall prohibit the State Board for Community Colleges, local community college boards, or any boards of visitors from excluding such representatives from discussions of faculty grievances, faculty or staff disciplinary matters, or salaries, or other matters, at the discretion of the relevant board.
§ 23-41. Appointment of visitors; number and terms; vacancies.
The board of visitors is to consist of 17 members to be appointed by the Governor, four of whom may be nonresidents of Virginia, and one faculty member to be appointed pursuant to § 23-9.2:4.1.
All appointments shall be for terms of four years each, except
appointments to fill unexpired vacancies,
which shall be made by the Governor
for the remainder of the unexpired terms.
However, the term of the member holding the office of Rector on March 1, 2005,
shall be extended for one year to June 30, 2006. The Governor may make an
appointment for the member whose term is so extended to June 30, 2006, as
though this service extension had not been granted and the term had expired as
scheduled.
The board of visitors
may be expanded to no more than 18 members from July 1, 2005, to June 30, 2006.
Thereafter, the membership shall revert to 17 members. Reappointment
by the Governor of any member eligible for the service extension shall be for
the term of four years.
No person shall be eligible to serve more than two consecutive four-year terms, except that a member may be appointed to a term of less than four years immediately prior to or between the four-year terms. For the purpose of determining service eligibility, any term of service extended to June 30 of the respective year pursuant to this section shall be treated as a four-year term. Hereafter, all appointments shall expire June 30 of the year in which the term expires.
All appointments by the Governor are subject to confirmation by the General Assembly if in session when such appointments are made, and if not in session, at its next succeeding session.
§ 23-49.14. Appointment of visitors; number and terms; vacancies; confirmation.
(a) A. The board of visitors is to
consist of seventeen 17
members to be appointed by the Governor, three of whom may be nonresidents of
the Commonwealth of Virginia and at least three of whom shall be alumni of Old
Dominion University, and
one faculty member to be appointed pursuant to § 23-9.2:4.1.
(b) Prior
to July 1, 1980, the Governor shall appoint successors to the members whose
terms expire in 1980 for terms of four years and four additional members, one
for a term of one year, one for a term of two years, one for a term of three
years and one for a term of four years. Annually thereafter, the
Governor shall appoint members to
fill vacancies caused by the expiration of terms B. Members shall be appointed for
terms of four years.
(c) C. All vacancies, whether
occasioned by failure to make an appointment within the sixty 60 days preceding any regular
expiration as required, or otherwise, are to be filled by
the Governor for the unexpired term.
(d) D. All appointments by the Governor are subject to
confirmation by the General Assembly if in session when such appointments are
made, and if not in session, then at its next succeeding session. Visitors
shall continue to discharge their duties after their terms have expired until
their successors have been appointed and have qualified.
§ 23-49.25. Appointments of visitors; terms; confirmation.
A. The board shall consist of
fourteen 14
members appointed by the Governor and
one faculty member to be appointed pursuant to § 23-9.2:4.1.
Appointments shall be for terms of four years; however, appointments to fill vacancies occurring otherwise than by expiration of terms shall be for the unexpired terms.
B. All appointments of the Governor shall be subject to confirmation by the General Assembly. Members shall continue to hold office until their successors have been appointed and have qualified.
§ 23-50.6. Appointment of visitors; terms; confirmation.
(a) A. The board of visitors is to
consist of sixteen 16
members to be appointed by the Governor and one faculty member
to be appointed pursuant to § 23-9.2:4.1 for
four-year terms except that vacancies other than by expiration of term shall be
filled as provided in subsection (d) and
except that the initial term of the member appointed to increase the board of
visitors to sixteen members shall be three
years for the unexpired terms.
(b) [Repealed.]
(c) B. Members
shall be eligible for service for two consecutive terms of four years only (exclusive of that portion of
any unexpired term or any term on the board of less than four years to which he
may have been appointed).
(d) All
vacancies shall be filled by the Governor for the unexpired terms.
(e) C. All
appointments by the Governor are
subject to confirmation by the General Assembly if in session when such
appointments are made, and if not in session, at its next succeeding session.
Visitors shall continue to discharge their duties after their terms have
expired until their successors have been appointed and have qualified.
(f), (g) [Repealed.]
§ 23-70. Appointment of visitors; number and terms of office; confirmation.
A. The board of visitors is to consist of 17 visitors appointed by the Governor, of whom (i) at least 12 shall be appointed from the Commonwealth at large, (ii) at least 12 shall be alumni of the University of Virginia, and (iii) at least one shall be a physician with administrative and clinical experience in an academic medical center, and one faculty member to be appointed pursuant to § 23-9.2:4.1.
B. All appointments on or after July 1, 2008, shall be for
terms of four years and commence July 1 of the first year of appointment,
except that appointments to fill vacancies shall be made for the unexpired
terms. Members shall complete their service on June 30 of the year in which
their respective terms expire, including appointments made prior to July 1,
2008. All appointments by the Governor for
full terms, as well as to fill vacancies, shall be
made by the Governor subject to confirmation by the Senate
and the House of Delegates.
§ 23-91.26. Appointment and terms of visitors; confirmation.
(a) A. The board shall consist of sixteen 16
members, who shall to
be appointed by the Governor and
one faculty member to be appointed pursuant to § 23-9.2:4.1.
Of the sixteen 17
members, two may be nonresidents of Virginia.
(b) In
1972 the Governor shall appoint the members of the board for terms beginning
July 1, 1972. At least one of the members appointed each year beginning in 1978
shall be an alumnus of George Mason University or of the George Mason College
Division of the University of Virginia and, insofar as is possible, ten of the
sixteen members shall be representative of the principal political subdivisions
comprising Planning District Number Eight and of Fauquier County. Four of such
appointments shall be for terms of four years each, four for terms of three
years, four for terms of two years, and four for terms of one year. Subsequent
appointments B. Appointments
shall be for terms of four years;
provided, however, except that
appointments to fill vacancies occurring otherwise other than by expiration of
terms shall be for the unexpired terms.
(c) C. All appointments by the Governor shall be subject
to confirmation by the General Assembly. Members shall continue to hold office
until their successors have been appointed and have qualified.
§ 23-91.36. Appointment of visitors; terms; confirmation.
(a) A. The board shall consist of twelve 12
members, who shall to
be appointed by the Governor and
one faculty member to be appointed pursuant to § 23-9.2:4.1.
Of the twelve 13
members, no more than three may be nonresidents of Virginia.
(b) In
1972 the Governor shall appoint the members of the board for terms beginning
July 1, 1972. Three of such appointments shall be for terms of four years each,
three for terms of three years, three for terms of two years, and three for
terms of one year. Subsequent appointments B. Appointments shall be for
terms of four years; provided, however, except that appointments to
fill vacancies occurring otherwise other than by expiration of
terms shall be for the unexpired terms.
(c) C. All appointments by the Governor shall be
subject to confirmation by the General Assembly. Members shall continue to hold
office until their successors have been appointed and have qualified.
§ 23-93. Appointment of visitors; confirmation.
A. The board of visitors shall consist of sixteen 16 visitors to be appointed by
the Governor and, the Adjutant General, serving ex officio, and
one faculty member to be appointed pursuant to § 23-9.2:4.1.
Of the visitors appointed by the Governor, twelve 12 shall be alumni of the
Institute and four shall not be alumni of the Institute. The four visitors
appointed by the Governor who are not alumni of the Institute shall be
residents of the Commonwealth. Until June 30, 1985,
nine of the twelve alumni visitors shall be residents of the Commonwealth. Thereafter
eight Eight
of the twelve 12
alumni visitors shall be residents of the Commonwealth. The remaining alumni
visitors shall be nonresidents.
B. Each appointive visitor
in office on July 1, 1980, shall continue in office until the expiration of the
term for which he was appointed. Of the visitors to be appointed for terms
commencing July 1, 1980, four shall be appointed for terms of three years and
four for terms of four years. One of such visitors appointed for a four-year
term and one appointed for a three-year term shall not be alumni of the
Institute. One of such visitors appointed for a four-year term and one
appointed for a three-year term shall be nonresident alumni. Thereafter all All appointments shall be for
terms of four years and one visitor appointed each year shall not be an alumnus
of the Institute. Beginning in 1985
and thereafter, one visitor
appointed each year shall be a nonresident alumnus.
All appointments by the Governor for
full terms, as well as to fill vacancies, shall be
made by the Governor subject to confirmation by the General
Assembly.
§ 23-115. Appointment of visitors; number and eligibility; confirmation.
The board of visitors is to consist of fourteen 15
members, thirteen 13
of whom shall be appointed by the Governor, and
one of whom shall be the President of the Board of Agriculture and Consumer
Services, serving ex officio, and one faculty member
to be appointed pursuant to § 23-9.2:4.1. Of the members
appointed by the Governor, three may be nonresidents. The
visitors in the office on April 9, 1945, are continued in office until the end
of their respective terms, or until June 30, 1945, whichever last occurs.
As soon as practicable
after April 9, 1945, the Governor shall appoint four members to fill the
unexpired portions of the terms which began on July 1, 1944, and shall appoint
three additional members for new terms of two years and two for new terms of
four years, each term beginning July 1, 1945. He shall, in addition, appoint
the President of the State Board of Agriculture and Consumer Services as an ex
officio member for a term of four years to begin July 1, 1945; provided that,
if the tenure in office as President of such ex officio member expires within
that time, the Governor shall appoint such member's successor to fill the
unexpired term. Such President shall remain eligible for appointment as an ex
officio member so long as he continues in office as President. All
appointments by the Governor for
full terms, as well as to fill vacancies, shall be
made by the Governor subject to confirmation by the Senate.
§ 23-155.4. Appointment of visitors; terms; vacancies; confirmation.
(a) A. The board shall consist of
15 members who shall be appointed by the Governor and
one faculty member who shall be appointed pursuant to § 23-9.2:4.1.
(b) B. Of the four members taking
new seats of the board to be appointed by the Governor for terms beginning July
1, 2007, two shall be appointed for initial terms of three years each and two
for terms of four years each. Successors to all members shall be appointed to
serve for terms of four years each. Vacancies occurring other than by
expiration of term shall be filled for the unexpired term. Of the persons so
appointed, four may be nonresidents of
the Commonwealth.
(c) C. All appointments by the Governor shall be
subject to confirmation by the General Assembly. Members shall continue to hold
office until their successors have been appointed and have qualified.
§ 23-164.3. Appointment of members of board of visitors; terms; vacancies; confirmation.
The board shall consist of fifteen 15 members who shall be
appointed by the Governor and
one faculty member to be appointed pursuant to § 23-9.2:4.1.
Of the four members of
the board appointed for terms beginning July 1, 1989, two members shall be
appointed for initial terms of two years and two members shall be appointed for
initial terms of three years. Successors to the members so appointed Appointments shall be appointed to serve for terms
of four years each.
Vacancies occurring other than by expiration of term shall be filled for the
unexpired term. Of the persons so appointed,
two may be nonresidents of the Commonwealth.
All appointments by the Governor shall be subject to confirmation by the General Assembly. Members shall continue to hold office until their successors have been appointed and have qualified.
§ 23-165.4. Members of board; appointment; terms; vacancies; confirmation.
A. The board shall consist of 15 members appointed by the Governor,
of whom three shall be alumni of the university,
and at least 10 shall be residents of Virginia, and
one faculty member who shall be appointed pursuant to § 23-9.2:4.1.
All appointments shall be for a term of four years. No member shall serve for
more than two consecutive four-year terms. Vacancies shall be filled in the
same manner as the original appointments. 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. Of
the four additional members appointed to the board on July 1, 2008, the
Governor shall appoint two members for an initial term of four years, and two
members for an initial term of two years. Thereafter, such
members and their successors shall be appointed for a term of four years, in
accordance with the provisions of this section.
B. The Governor may appoint alumni visitors from a list of qualified persons submitted to him upon the recommendation of the National Alumni Association of Virginia State University on or before July 1 of any year in which the terms of such visitors shall expire. The alumni association shall submit the names of at least three qualified alumni for each such vacancy.
C. All appointments by the Governor shall be subject to the confirmation of the General Assembly. Members shall continue to hold office until their successors have been appointed and have qualified.
§ 23-174.4. Composition of board of visitors; appointment; terms; vacancies; confirmation.
A. The board of visitors shall consist of 13 members who shall
be appointed, on or before June 30 of any year in which their terms shall
expire, by the Governor for terms of four years and
one faculty member who shall be appointed pursuant to § 23-9.2:4.1.
Of the persons so
appointed by the Governor, four shall be
alumni of Norfolk State University of which three may be nonresidents of the Commonwealth.
Vacancies occurring other than by expiration of term shall be filled by the Governor for the
unexpired term.
B. The Governor may appoint alumni visitors from a list of qualified persons submitted to him upon the recommendation of the National Alumni Association of Norfolk State University on or before November 1 of any year in which the terms of such visitors shall expire. The National Alumni Association of Norfolk State University shall submit the names of four qualified alumni for each vacancy.
C. All appointments by the Governor shall
be subject to confirmation by the General Assembly. Members shall continue to
hold office until their successors have been appointed and qualified. Members
shall be eligible for two consecutive terms of four years, exclusive of that
portion of any term on the initial board of less than four
years or any unexpired term.
§ 23-185. Composition of board; appointment and terms of visitors; vacancies; confirmation.
A. The board shall consist of 13 members who shall be appointed by the Governor and one faculty member who shall be appointed pursuant to § 23-9.2:4.1.
B. The Governor shall appoint the
13 appointive members of the
board for terms of four years each and the faculty
senate shall appoint one faculty member for a term of four
years. Members shall be eligible for service for two
consecutive terms of four years, exclusive of that portion of any unexpired
term. Successors to the members so appointed shall be appointed to serve for
terms of four years each. Vacancies occurring other than by expiration of term
shall be filled for the unexpired term. Of the persons so
appointed by the Governor,
two shall be alumni of the University,
and two may be nonresidents of the Commonwealth, the remaining number to be
selected from the Commonwealth at large.
C. All appointments by the Governor shall be subject to confirmation by the General Assembly. Members shall continue to hold office until their successors have been appointed and have qualified.
§ 23-216. Number, terms, and eligibility of members of Board.
(a) A. The State Board shall
consist of fifteen 15
members appointed by the Governor subject to confirmation by the General
Assembly if in session, and if not, at its next succeeding session and one faculty member appointed pursuant to §
23-9.2:4.1. The first appointments
shall be four members for one year, four members for two years, four members
for three years and three members for four years, and thereafter all such All appointments shall be made
for terms of four years each, except that appointments to fill vacancies shall
be for the unexpired terms. No person shall be eligible to serve more than two
consecutive four-year terms, except that a member may be appointed to a term of
less than four years immediately prior to or between the four-year terms. No
person shall be eligible for reappointment following two consecutive four-year
terms for two years thereafter. Members shall continue to discharge their
duties after their terms have expired until their successors have been
appointed and have qualified.
(b) B. The State Board shall be
composed of persons selected from the Commonwealth at large. No Except in
the case of the faculty member appointed by the
board, no officer, employee, or
member of the governing board of any public institution of higher education, or of any school subject to
the control of the State Board, or any member of the General Assembly, or any member of or the State Board of
Education, shall be eligible for
appointment to the Board. All members of the Board shall be deemed members at
large charged with the responsibility of serving the best interests of the
whole Commonwealth. No member shall act as the representative of any particular
region or of any particular institution of higher education.