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1996 SESSION
964851833Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-1.5, 9-6.23, as it is currently in effect and as it may become effective, and 9-6.25:1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Chapter 9 of Title 23 an article numbered 10, consisting of sections numbered 23-91.23:1, 23-91.23:2 and 23-91.23:3, as follows:
§ 2.1-1.5. Entities not subject to standard nomenclature.
(Effective until July 1, 1996) The following entities are not subject to the provisions of § 2.1-1.2 due to the unique characteristics or enabling legislation of the entities:
(Effective July 1, 1996) The following entities are not subject to the provisions of § 2.1-1.2 due to the unique characteristics or the enabling legislation of the entities:
Authorities
Assistive Technology Loan Fund Authority.
Richmond Eye and Ear Hospital Authority.
Small Business Financing Authority.
State Education Assistance Authority.
Virginia Agriculture Development Authority.
Virginia College Building Authority.
Virginia Economic Development Partnership.
Virginia Education Loan Authority.
Virginia Housing Development Authority.
Virginia Innovative Technology Authority.
Virginia Port Authority.
Virginia Public Building Authority.
Virginia Public School Authority.
Virginia Resources Authority.
Virginia Student Assistance Authorities.
Boards
Advisory Board for the Institute of Government.
Board of Commissioners, Virginia Agriculture Development Authority.
Board of Commissioners, Virginia Port Authority.
Board of Directors, Assistive Technology Loan Fund Authority.
Board of Directors, Richmond Eye and Ear Hospital Authority.
Board of Directors, Small Business Financing Authority.
Board of Directors, Virginia Economic Development Partnership.
Board of Directors, Virginia Student Assistance Authorities.
Board of Directors, Virginia Innovative Technology Authority.
Board of Directors, Virginia Resources Authority.
Board of Regents, Gunston Hall Plantation.
Board of Regents, James Monroe Memorial Law Office and Library.
Board of Trustees, Family and Children's Trust Fund.
Board of Trustees, Frontier Culture Museum of Virginia.
Board of Trustees, Jamestown-Yorktown Foundation.
Board of Trustees, Miller School of Albemarle.
Board of Trustees, Rural Virginia Development Foundation.
Board of Trustees, The Science Museum of Virginia.
Board of Trustees, Virginia Museum of Fine Arts.
Board of Trustees, Virginia Museum of Natural History.
Board of Trustees, Virginia Outdoor Foundation.
(Effective July 1, 1996) Board of the Virginia Higher Education Tuition Trust Fund.
Board of Visitors, Christopher Newport University.
Board of Visitors, The College of William and Mary in Virginia.
Board of Visitors, George Mason University.
Board of Visitors, Gunston Hall Plantation.
Board of Visitors, James Madison University.
Board of Visitors, Longwood College.
Board of Visitors, Mary Washington College.
Board of Visitors to Mount Vernon.
Board of Visitors, Norfolk State University.
Board of Visitors, Old Dominion University.
Board of Visitors, Radford University.
Board of Visitors, University of Virginia.
Board of Visitors, Virginia Commonwealth University.
Board of Visitors, Virginia Military Institute.
Board of Visitors, Virginia Polytechnic Institute and State University.
Board of Visitors, Virginia State University.
Governing Board, Virginia College Building Authority.
Governing Board, Virginia Public School Authority.
Library Board, The Library of Virginia.
Motor Vehicle Dealer Board.
State Board for Community Colleges, Virginia Community College System.
Commissions
Alexandria Historical Restoration and Preservation Commission.
(Effective July 1, 1996) Charitable Gaming Commission
Chesapeake Bay Bridge and Tunnel Commission.
Hampton Roads Sanitation District Commission.
Districts
Chesapeake Bay Bridge and Tunnel District.
Hampton Roads Sanitation District.
Educational Institutions
Christopher Newport University.
College of William and Mary in Virginia.
Frontier Culture Museum of Virginia.
George Mason University.
James Madison University.
Jamestown-Yorktown Foundation.
Longwood College.
Mary Washington College.
Miller School of Albemarle.
Norfolk State University.
Old Dominion University.
Radford University.
The Science Museum of Virginia.
University of Virginia.
Virginia Commonwealth University.
Virginia Community College System.
Virginia Military Institute.
Virginia Museum of Fine Arts.
Virginia Polytechnic Institute and State University.
The Library of Virginia.
Virginia State University.
Foundations
Chippokes Plantation Farm Foundation.
Rural Virginia Development Foundation.
Virginia Conservation and Recreation Foundation.
Virginia Historic Preservation Foundation.
Virginia Outdoor Foundation.
Museum
Virginia Museum of Natural History.
Plantation
Gunston Hall Plantation.
System
Virginia Retirement System.
§ 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; or to members of the Advisory Board for the Institute of
Government, who shall be appointed as provided in § 23-91.23:3.
§ 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; or to members of the Advisory
Board for the Institute of Government, who shall be
appointed as provided in §
23-91.23:3.
§ 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 for the Institute of Government
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
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
Coastal Land Management Advisory Council, Virginia
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
(Effective July 1, 1996) Litter Control and Recycling Fund 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
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
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 Veterans Cemetery Board
Virginia Water Resources Research Center, Statewide Advisory Board
Virginia Winegrowers Advisory Board.
§ 23-91.23:1. Institute of Government continued.
The Virginia Institute of Government at the University of Virginia is hereby continued and shall be referred to in this article as "the Institute".
§ 23-91.23:2. Functions, powers and duties of Institute.
A. The Institute shall (i) develop a comprehensive training curriculum for local government officials and negotiate and enter into contracts for the delivery of such training through state and local agencies, institutions of higher education, professional organizations, and other entities; and (ii) develop a technical library and make available to state and local officials data bases and information resources regarding various aspects of local government operations.
§ 23-91.23:3. Advisory board.
The advisory board for the Institute established pursuant to Chapter 966 of the 1994 Acts of Assembly is hereby continued, and shall be known as the Advisory Board for the Institute of Government. The Board shall consist of eighteen members as follows: two 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; two Cabinet officials; four representatives of higher education, to be appointed by the Governor; and six representatives of local governments comprised of: two municipal officials, one each to be appointed by the Virginia Municipal League and the Virginia Local Government Management Association; two county officials, one each to be appointed by the Virginia Association of Counties and the Virginia Local Government Management Association; and two officials, one each to be appointed by the Virginia Association of Locally-Elected Constitutional Officers and the Virginia Local Government Attorneys' Association.
Of the appointments to the advisory board made on and after July 1, 1996, one-half of the House and Senate members shall be appointed for two-year terms, and one-half shall be appointed for three-year terms; one Cabinet official shall be appointed for a two-year term and one shall be appointed for a three-year term; two representatives of higher education shall be appointed for two-year terms and two shall be appointed for three-year terms; and the local government officials appointed by the Virginia Municipal League, the Virginia Association of Counties, and the Virginia Association of Locally-Elected Constitutional Officers shall be appointed for three-year terms, and the remaining three government officials shall be appointed for two-year terms.
Thereafter, all appointments shall be for terms of two years each, except appointments to fill unexpired vacancies which shall be made for the remainder of the unexpired terms. No person shall be eligible to serve more than two consecutive two-year terms, except that a member may be appointed to a term of less than two years immediately prior to or between the two-year terms, and any member whose initial appointment was for a three-year term shall be eligible for reappointment for a two-year term. The terms of members serving by virtue of their state or local office shall expire upon termination of such state or local office. All members shall continue to hold office until their successors have been appointed and have qualified.
2. That members currently serving on the Advisory Board shall be eligible for reappointment to the Board pursuant to this act.