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1996 SESSION

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CHAPTER 812 An Act to amend and reenact §§ 2.1-41.2 and 42.1-13 of the Code of Virginia, relating to the appointment of the State Librarian. [H 1228] Approved April 7, 1996

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.1-41.2 and 42.1-13 of the Code of Virginia are amended and reenacted as follows:

§ 2.1-41.2. Appointment of agency heads; chief of staff.

Notwithstanding any provision of law to the contrary, the Governor shall appoint the administrative head of each agency of the executive branch of state government except the following: the Executive Director of the Virginia Port Authority, the Director of the State Council of Higher Education for Virginia, the Executive Director of the Department of Game and Inland Fisheries, the Executive Director of the Jamestown-Yorktown Foundation, the Director of the Virginia Retirement System, the Executive Director of the Motor Vehicle Dealer Board, and the Executive Director of the Virginia Higher Education Tuition Trust Fund, and the State Librarian. However, the manner of selection of those heads of agencies chosen by election as of January 1, 1976, or as set forth in the Constitution of Virginia shall continue without change. Each administrative head and Secretary appointed by the Governor pursuant to this section shall be subject to confirmation by the General Assembly, shall have such professional qualifications as may be prescribed by law, and shall serve at the pleasure of the Governor. The chief of staff who may be appointed by the Governor pursuant to § 2.1-38 shall be confirmed by a majority of the members of each house of the General Assembly. For the purpose of this section, "agency" shall include all administrative units established by law or by executive order which are not arms of the legislative or judicial branches of government, which are not educational institutions as classified under §§ 9-84, 22.1-346, 23-14, and 23-252, which are not regional planning districts, regional transportation authorities or districts, or regional sanitation districts and which are not assigned by law to other departments or agencies, not including assignments to secretaries under Chapter 5.1 (§ 2.1-51.7 et seq.) of this title.

§ 42.1-13. Appointment; terms of office; employment; duties.

The Governor Board shall appoint a librarian, to be known as the State Librarian, who shall serve at his the pleasure of the Board. The State Librarian shall appoint principal assistants and approve the appointment of other employees. The terms of office and employment of such assistants and employees shall be subject to the personnel regulations of the Commonwealth.

The State Librarian shall supervise the administration of The Library of Virginia. The State Librarian shall make requests for appropriations of necessary funds and approve all expenditures of Library funds. Such expenditures shall be made as provided by law.