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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD4869743Be it enacted by the General Assembly of Virginia:
1. That § 9-6.25:1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a chapter numbered 43, consisting of sections numbered 9-334 through 9-344, as follows:
§ 9-6.25:1. Advisory boards, commissions and councils.
There shall be, in addition to such others as may be designated in accordance with § 9-6.25, the following advisory boards, commissions and councils within the executive branch:
Advisory Board for the Department for the Deaf and Hard-of-Hearing
Advisory Board for the Department for the Aging
Advisory Board on Child Abuse and Neglect
Advisory Board on Medicare and Medicaid
Advisory Board on Occupational Therapy
Advisory Board on Physical Therapy to the Board of Medicine
Advisory Board on Rehabilitation Providers
Advisory Board on Respiratory Therapy to the Board of Medicine
Advisory Board on Teacher Education and Licensure
Advisory Council on Revenue Estimates
Advisory Council on the Virginia Business-Education Partnership Program
Appomattox State Scenic River Advisory Board
Aquaculture Advisory Board
Art and Architectural Review Board
(Effective until July 1, 1995) Board for the Visually Handicapped
Board of Directors, Virginia Truck and Ornamentals Research Station
Board of Forestry
Board of Military Affairs
Board of Rehabilitative Services
Board of Transportation Safety
Board of Trustees of the Family and Children's Trust Fund
Board of Visitors, Gunston Hall Plantation
Board on Veterans' Affairs
Catoctin Creek State Scenic River Advisory Board
Cave Board
Chickahominy State Scenic River Advisory Board
Clinch Scenic River Advisory Board
Coal Surface Mining Reclamation Fund Advisory Board
Commonwealth Competition Council
Council on Indians
Council on the Status of Women
Debt Capacity Advisory Committee
Emergency Medical Services Advisory Board
Falls of the James Committee
Film Office Advisory Board
Forensic Science Advisory Board
Goose Creek Scenic River Advisory Board
Governor's Council on Alcohol and Drug Abuse Problems
Governor's Mined Land Reclamation Advisory Committee
Hemophilia Advisory Board
Human Services Information and Referral Advisory Council
Industrial Development Services Advisory Board
Interagency Coordinating Council on Housing for the Disabled
Interdepartmental Board of the State Department of Minority Business Enterprise
Laboratory Services Advisory Board
Local Advisory Board to the Blue Ridge Community College
Local Advisory Board to the Central Virginia Community College
Local Advisory Board to the Dabney S. Lancaster Community College
Local Advisory Board to the Danville Community College
Local Advisory Board to the Eastern Shore Community College
Local Advisory Board to the Germanna Community College
Local Advisory Board to the J. Sargeant Reynolds Community College
Local Advisory Board to the John Tyler Community College
Local Advisory Board to the Lord Fairfax Community College
Local Advisory Board to the Mountain Empire Community College
Local Advisory Board to the New River Community College
Local Advisory Board to the Northern Virginia Community College
Local Advisory Board to the Patrick Henry Community College
Local Advisory Board to the Paul D. Camp Community College
Local Advisory Board to the Piedmont Virginia Community College
Local Advisory Board to the Rappahannock Community College
Local Advisory Board to the Southwest Virginia Community College
Local Advisory Board to the Thomas Nelson Community College
Local Advisory Board to the Tidewater Community College
Local Advisory Board to the Virginia Highlands Community College
Local Advisory Board to the Virginia Western Community College
Local Advisory Board to the Wytheville Community College
Long-Term Care Council
Maternal and Child Health Council
Medical Advisory Board, Department of Motor Vehicles
Medical Board of the Virginia Retirement System
Migrant and Seasonal Farmworkers Board
Motor Vehicle Dealer's Advisory Board
Nottoway State Scenic River Advisory Board
Personnel Advisory Board
Plant Pollination Advisory Board
Private College Advisory Board
Private Enterprise Commission
Private Security Services Advisory Board
Psychiatric Advisory Board
Radiation Advisory Board
Rappahannock Scenic River Advisory Board
Recreational Fishing Advisory Board, Virginia
Reforestation Board
Retirement System Review Board
Rockfish State Scenic River Advisory Board
Shenandoah State Scenic River Advisory Board
Small Business Advisory Board
Small Business Environmental Compliance Advisory Board
St. Mary's Scenic River Advisory Committee
State Advisory Board on Air Pollution
State Advisory Board for the Virginia Employment Commission
State Building Code Technical Review Board
State Council on Local Debt
State Health Benefits Advisory Council
State Insurance Advisory Board
State Land Evaluation Advisory Council
State Networking Users Advisory Board
State Public Records Advisory Council
Statewide Independent Living Council
Statewide Rehabilitation Advisory Council
Statewide Rehabilitation Advisory Council for the Blind
Staunton Scenic River Advisory Committee
Telecommunications Relay Service Advisory Board
Tourism and Travel Services Advisory Board
Toxic Substances Advisory Board
Virginia Advisory Commission on Intergovernmental Relations
Virginia Advisory Council for Adult Education and Literacy
Virginia Coal Mine Safety Board
Virginia Coal Research and Development Advisory Board
Virginia Commission for the Arts
Virginia Commission on the Bicentennial of the United States Constitution
Virginia Correctional Enterprises Advisory Board
Virginia Council on Coordinating Prevention
Virginia Equal Employment Opportunity Council
Virginia Interagency Coordinating Council
Virginia Military Advisory Council
Virginia Public Buildings Board
Virginia Recycling Markets Development Council
Virginia Technology Council
Virginia Transplant Council
Virginia Water Resources Research Center, Statewide Advisory Board
Virginia Winegrowers Advisory Board.
§ 9-334. Title.
This chapter may be cited as the Virginia Government Competition Act of 1995.
§ 9-335. Definitions.
As used in this chapter, unless the context otherwise requires:
"Council" means the Commonwealth Competition Council created in this chapter.
"Privatization” means a variety of techniques and activities which promote more involvement of the private sector in providing services that have traditionally been provided by government. It also includes methods of providing a portion or all of select government-provided or government-produced programs and services through the private sector.
“State agency” means any board, council, authority, department, agency, or institution of the Commonwealth which employs state or nonstate personnel.
§ 9-336. Commonwealth Competition Council created; duties.
There is hereby created in the executive branch the Commonwealth Competition Council. The Council shall:
1. Examine and promote methods of providing a portion or all of select government-provided or government-produced programs and services through the private sector by a competitive contracting program, and advise the Governor, the General Assembly, and executive branch agencies of the Council’s findings and recommendations.
2. Develop an institutional framework for a statewide competitive program to encourage innovation and competition within state government.
3. Establish a system to encourage the use of feasibility studies and innovation to determine where competition could reduce government costs without harming the public.
4. Monitor the products and services of state agencies to bring an element of competition and to ensure a spirit of innovation and entrepreneurship to compete with the private sector.
5. Advocate, develop and accelerate implementation of a competitive program for state entities to ensure competition for the provision or production of government services, or both, from both public and private sector entities.
6. Establish approval, planning, and reporting processes required to carry out the functions of the Council.
7. Determine the privatization potential of a program or activity; perform cost/benefit analyses; conduct public and private performance analyses; and certify the savings or revenues, if applicable, from increased competition with the private sector.
8. Devise evaluation criteria to be used in conducting performance reviews of any program or activity which is subject to a privatization recommendation.
9. To the extent practicable and to the extent that resources are available, make its services available for a fair compensation to any political subdivision of the Commonwealth.
§ 9-337. Membership; appointment; terms; vacancies; chairman; quorum; compensation.
A. The Council shall be composed of ten members to be appointed by the Governor and the General Assembly as follows: four employees of executive branch agencies shall be appointed by the Governor; one member of the House of Delegates shall be appointed by the Speaker of the House; one member of the Senate shall be appointed by the Senate Committee on Privileges and Elections; two members of the private sector shall be appointed by the Governor; one member of the private sector shall be appointed by the Speaker of the House; and one member of the private sector shall be appointed by the Senate Committee on Privileges and Elections.
B. 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 one member from the private sector appointed by the Governor shall be appointed for terms of two years. The four members appointed by the House of Delegates and the Senate shall be appointed for terms of three years. Thereafter each member of the Commission shall be appointed for terms of three years.
C. Appointments to fill vacancies shall be for the unexpired terms. No person shall be eligible to serve for or during more than two successive three-year terms. Any member appointed by virtue of his position shall serve only as long as he retains his position.
D. The Council shall elect its own chairman and vice chairman annually.
E. Six members of the Council shall constitute a quorum. No action shall be taken by the Council without the concurrence of at least six members.
F. Members of the Council shall serve without compensation but shall be reimbursed for actual expenses incurred in the performance of their duties.
§ 9-338. Cooperation of other state agencies.
All agencies of the Commonwealth shall cooperate with the Council and, upon request, assist the Council in the performance of its duties and responsibilities.
§ 9-339. Staff support; application for an acceptance of gifts and grants.
A. The Council shall employ such staff as necessary to enable it to perform its duties. It shall determine the duties, salaries and compensation of such staff with amounts appropriated for such purpose from funds in the Taxpayer Dividend Fund and appropriated for such purpose as provided in § 9-342.
B. The Council may apply for, accept, and expend gifts, grants, or donations from public or private sources to enable it to better carry out its objectives.
§ 9-340. Unsolicited proposals.
The Council shall perform or have the authority to direct any state agency to perform a public/private performance analysis covering any service for which the Council has received a qualifying unsolicited proposal from a private entity which is consistent with the Council’s purposes and duties as provided in § 9-336.
§ 9-341. Public/private performance analysis.
A. The Council shall use the procurement methods cited in the Virginia Public Procurement Act (§ 11-35 et seq.) to solicit proposals and bids from private entities in order to make cost comparison decisions.
B. All state agencies are encouraged to compete for a contract to provide the public service by submitting its own proposal or bid.
§ 9-342. Taxpayer Dividend Fund.
There is hereby established a special fund in the state treasury to be designated the “Taxpayer Dividend Fund” into which shall be transferred the amounts that are derived from the savings or revenues, if applicable, realized from either privatizing government activities or from the cost savings resulting from increased competition, as certified by the Council. Moneys shall be disbursed from the Fund as shall be provided from time to time in the appropriation act.
§ 9-343. Productivity Improvement Revolving Fund.
There is hereby created a special fund in the state treasury to be
designated the “Productivity Improvement Revolving Fund” which shall
consist of any amounts transferred from the Taxpayer Dividend Fund as
provided in the appropriation act. Such Fund shall be used to make loans to
state agencies to improve technology and productivity. The Fund shall be
administered and managed by the Council. The Council may establish the terms
and conditions of any loan as it deems appropriate.
§ 9-344. Reports to Governor and General Assembly.
The Council shall annually by December 1 report its findings and recommendations to the Governor and the General Assembly. The Council may make interim reports to the Governor and the General Assembly as it deems advisable.