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1996 SESSION


CHAPTER 932
An Act to amend and reenact §§ 2.1-1.8 and 9-6.23, as they are currently effective and as they may become effective, and 9-6.25:2 of the Code of Virginia; to amend the Code of Virginia by adding in Title 9 a chapter numbered 46, consisting of sections numbered 9-350 through 9-354; and to repeal Chapter 51 of Title 2.1 of the Code of Virginia, consisting of sections numbered 2.1-800, 2.1-801, 2.1-802 and 2.1-803, relating to the Immigrant and Refugee Policy Council.
[S 379]
Approved April 17, 1996

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.1-1.8 and 9-6.23, as they are currently effective and as they may become effective, and 9-6.25:2 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Title 9 a chapter numbered 46, consisting of sections numbered 9-350 through 9-354, as follows:

§ 2.1-1.8. (Effective until July 1, 1997) Temporary collegial bodies.

There shall be, in addition to such others as may be established by law, the following temporary collegial bodies established within the executive branch for a specified purpose and specified period of time:

Food and Nutrition, Advisory Commission to the Program on

Immigrant and Refugee Policy Council.

Workforce 2000 Advocacy Council.

§ 2.1-1.8. (Effective July 1, 1997) Temporary collegial bodies.

There shall be, in addition to such others as may be established by law, the following temporary collegial bodies established within the executive branch for a specified purpose and specified period of time:

Food and Nutrition, Advisory Commission to the Program on

Immigrant and Refugee Policy Council.

§ 9-6.23. (Effective until July 1, 1997) Prohibition against service by legislators on boards and commissions within the executive branch.

Members of the General Assembly shall be ineligible to serve on boards and commissions within the executive branch which are responsible for administering programs established by the General Assembly. Such prohibition shall not extend to boards and commissions engaged solely in policy studies or commemorative activities. If any law directs the appointment of any member of the General Assembly to a board or commission in the executive branch which 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, however, to members of the Board for Branch Pilots, who shall be appointed as provided for in § 54.1-901; to members of the Board on Veterans' Affairs, who shall be appointed as provided for in § 2.1-741; to members of the Council on Indians, who shall be appointed as provided for in § 9-138.1; to members of the Virginia Technology Council, who shall be appointed as provided for in § 9-145.51; to members of the Board of Trustees of the Southwest Virginia Higher Education Center, who shall be appointed as provided in § 23-231.3; to members of the Maternal and Child Health Council, who shall be appointed as provided for in § 9-318; to members of the Virginia Interagency Coordinating Council who shall be appointed as provided in § 2.1-750; to members of the Advisory Council on the Virginia Business-Education Partnership Program, who shall be appointed as provided in § 9-326; to members of the Workforce 2000 Advisory Council, who shall be appointed as provided in § 2.1-116.18; to members of the Advisory Commission on Welfare Reform, who shall be appointed as provided in § 63.1-133.44; to members of the Virginia Correctional Enterprises Advisory Board, who shall be appointed as provided in § 2.1-451.2; to members appointed to the Virginia Veterans Cemetery Board pursuant to § 2.1-739.2; to members of the Immigrant and Refugee Policy Council, who shall be appointed as provided in § 2.1-801; or to members of the Commonwealth Competition Commission, who shall be appointed as provided in § 9-343.

§ 9-6.23. (Effective July 1, 1997) Prohibition against service by legislators on boards and commissions within the executive branch.

Members of the General Assembly shall be ineligible to serve on boards and commissions within the executive branch which are responsible for administering programs established by the General Assembly. Such prohibition shall not extend to boards and commissions engaged solely in policy studies or commemorative activities. If any law directs the appointment of any member of the General Assembly to a board or commission in the executive branch which 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, however, to members of the Board for Branch Pilots, who shall be appointed as provided for in § 54.1-901; to members of the Board on Veterans' Affairs, who shall be appointed as provided for in § 2.1-741; to members of the Council on Indians, who shall be appointed as provided for in § 9-138.1; to members of the Virginia Technology Council, who shall be appointed as provided for in § 9-145.51; to members of the Board of Trustees of the Southwest Virginia Higher Education Center, who shall be appointed as provided in § 23-231.3; to members of the Maternal and Child Health Council, who shall be appointed as provided for in § 9-318; to members of the Virginia Interagency Coordinating Council who shall be appointed as provided in § 2.1-750; to members of the Advisory Council on the Virginia Business-Education Partnership Program, who shall be appointed as provided in § 9-326; to members of the Advisory Commission on Welfare Reform, who shall be appointed as provided in § 63.1-133.44; to members of the Virginia Correctional Enterprises Advisory Board, who shall be appointed as provided in § 2.1-451.2; to members appointed to the Virginia Veterans Cemetery Board pursuant to § 2.1-739.2; to members of the Immigrant and Refugee Policy Council, who shall be appointed as provided in § 2.1-801; or to members of the Commonwealth Competition Commission, who shall be appointed as provided in § 9-343.

§ 9-6.25:2. Policy boards, commissions and councils.

There shall be, in addition to such others as may be designated in accordance with § 9-6.25, the following policy boards, commissions and councils:

Apprenticeship Council

Athletic Board

Auctioneers Board

Blue Ridge Regional Education and Training Council

Board for Accountancy

Board for Architects, Professional Engineers, Land Surveyors and Landscape Architects

Board for Barbers

Board for Contractors

Board for Cosmetology

Board for Geology

Board for Hearing Aid Specialists

Board for Opticians

Board for Professional and Occupational Regulation

Board for Professional Soil Scientists

Board for Waterworks and Wastewater Works Operators

Board of Agriculture and Consumer Services

Board of Audiology and Speech-Language Pathology

Board of Coal Mining Examiners

Board of Conservation and Recreation

Board of Correctional Education

Board of Dentistry

Board of Directors, Virginia Student Assistance Authorities

Board of Funeral Directors and Embalmers

Board of Health Professions

Board of Historic Resources

Board of Housing and Community Development

Board of Medical Assistance Services

Board of Medicine

Board of Mineral Mining Examiners

Board of Nursing

Board of Nursing Home Administrators

Board of Optometry

Board of Pharmacy

Board of Professional Counselors

Board of Psychology

Board of Recreation Specialists

Board of Social Services

Board of Social Work

Board of Surface Mining Review

Board of Veterinary Medicine

Board on Conservation and Development of Public Beaches

Chesapeake Bay Local Assistance Board

Child Day Care and Early Childhood Programs, Virginia Council on

Child Day-Care Council

Commission on Local Government

Commonwealth Transportation Board

Council on Human Rights

Council on Information Management

Criminal Justice Services Board

Disability Services Council

Farmers Market Board, Virginia

Immigrant and Refugee Policy Council

Interdepartmental Council on Rate-setting for Children's Facilities

Library Board, the The Library of Virginia

Marine Resources Commission

Milk Commission

Pesticide Control Board

Real Estate Appraiser Board

Real Estate Board

Reciprocity Board, Department of Motor Vehicles

Safety and Health Codes Board

Seed Potato Board

Southside Virginia Marketing Council

Specialized Transportation Council

State Air Pollution Control Board

State Board of Corrections

State Board of Elections

State Board of Health

State Board of Youth and Family Services

State Health Department, Sewage Handling and Disposal Appeal Review Board

State Library Board

State Mental Health, Mental Retardation and Substance Abuse Services Board

State Water Control Board

Substance Abuse Certification Board

Treasury Board, The, Department of the Treasury

Virginia Aviation Board

Virginia Board for Asbestos Licensing

Virginia Fire Services Board

Virginia Gas and Oil Board

Virginia Health Planning Board

Virginia Health Services Cost Review Council

Virginia Manufactured Housing Board

Virginia Parole Board

Virginia Public Telecommunications Board

Virginia Soil and Water Conservation Board

Virginia Voluntary Formulary Board

Virginia Waste Management Board

Virginia World Trade Council.

(Contingently repealed) Waste Management Facility Operators, Board for.

CHAPTER 46.
IMMIGRANT AND REFUGEE POLICY COUNCIL.

§ 9-350. Immigrant and Refugee Policy Council created.

There is hereby created in the legislative branch, the Immigrant and Refugee Policy Council for the purpose of collecting and analyzing data for creating a consistent state policy for providing services to refugees and immigrants who reside in the Commonwealth.

§ 9-351. Membership.

The Council shall consist of thirteen members as follows: three members of the Senate to be appointed by the Senate Committee on Privileges and Elections; four members of the House of Delegates to be appointed by the Speaker of the House; and the following persons or their designees: the Secretary of Health and Human Resources; the Commissioner of the Department of Social Services; the Commissioner of the Department of Health; the Secretary of Education; the Secretary of Public Safety; and the Attorney General. The Council shall elect a chairman from among its members to serve a term of one year.

§ 9-352. Duties and responsibilities; annual report to the Governor; advisory committee.

A. The Council shall meet on a regular basis and is charged with the responsibility to:

1. Assess and initiate procedures to work with the federal Immigration and Naturalization Service on the issue of the incarceration of undocumented aliens committed to state and local correctional facilities;

2. Review the responsibilities of sponsors for legal immigrants to determine whether sponsors are fulfilling their financial and social obligations and to develop methods to enhance enforcement of this provision;

3. Gather relevant data to determine the number of undocumented immigrants residing in the Commonwealth, how many are receiving services at state expense, the nature of those services and the resultant expense;

4. Collect and analyze data which can be used to support any action which the Governor, the General Assembly or any state agency may take to obtain federal reimbursement for the cost of services to both legal and undocumented immigrants;

5. Gather and review documentation relating to unlawful discrimination against immigrants and refugees; and

6. Report to the Governor and General Assembly annually regarding potential program and policy initiatives.

B. To assist in fulfilling its duties and responsibilities, the Council shall appoint an advisory committee consisting of one representative each from (i) the refugee population, (ii) the immigrant population, and (iii) a local provider program or service organization that serves immigrants or refugees. Members of the advisory committee shall receive no compensation for their services, but shall be reimbursed for their necessary and actual expenses incurred in connection with their duties.

§ 9-353. Staff; cooperation of state agencies.

The Division of Legislative Services shall serve as staff to the Council. All agencies of the Commonwealth shall assist the Council upon request.

§ 9-354. Expiration.

The Council shall cease to exist on July 1, 1999.

2. That Chapter 51 of Title 2.1, consisting of sections numbered 2.1-800, 2.1-801, 2.1-802 and 2.1-803 of the Code of Virginia, is repealed.