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1996 SESSION

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969818000
SENATE BILL NO. 527 Offered January 22, 1996 A BILL to amend Chapter 3.1 of Title 3.1 of the Code of Virginia, by repealing § 3.1-427 and by amending and reenacting §§ 3.1-426 and 3.1-427, relating to the Milk Commission. ---------- Patrons-- Schrock and Williams ---------- Referred to the Committee on General Laws ----------

Be it enacted that Chapter 21 of Title 3.1 of the Code of Virginia is hereby amended and reenacted as follows:

Article 2. Milk Commission.

§ 3.1-426. Composition.

There is hereby continued the Milk Commission, consisting of an Administrator and seven members, all of whom shall be residents of the Commonwealth, appointed by the Governor, two of whom shall be producers of milk, and five including the Administrator shall be consumers but none of such five latter members shall have any connection financially or otherwise with the production or distribution of milk or products derived therefrom. The remaining member of the Commission shall be a milk processor-distributor. The An Administrator shall be designated by the Director of the Department of Agriculture and Consumer Services and shall serve in an ex officio capacity without a vote. Any vacancies occurring shall be filled by appointment by the Governor. One member of the Commission shall act as chairman, who shall be elected annually by the membership of the Commission. No member shall serve as chairman and as Administrator and no chairman shall serve successive terms as chairman.

The Administrator shall devote full time to the duties of his office, which shall be located in the principal office of the Commission. The Administrator and Commission staff who are employed by the Commission as of June 30, 1996, shall be transferred to the Department of Agriculture and Consumer Services as of July 1, 1996, and that department will assume administrative responsibility for the Commission. The technical and other services for such Commission shall be performed, so far as practicable, by forces and officers in the Department of Agriculture and Consumer Services, the Virginia Agricultural Extension Service and the Virginia Agricultural Experiment Station, without additional compensation. The Administrator may appoint a secretary and any such additional technical and other assistants and employees as may be necessary to carry out the provisions of this article, and prescribe their powers and duties. The Administrator shall supervise such personnel and shall prepare, approve, and submit all requests for appropriations and be responsible for all expenditures pursuant to appropriations.

§ 3.1-426.1. Terms.

The administrator of the Commission shall hold office at the pleasure of the Governor for a term concurrent with the term of the Governor making the appointment or until a successor to that administrator is appointed by the next succeeding Governor. The remaining seven members shall be appointed by the Governor for a term of four years. No member except the administrator may serve for more than two consecutive terms of four years each; however, any member appointed to fill an interim vacancy may be appointed for two additional consecutive terms of four years each after the expiration of the term of the interim vacancy which that member filled. After an absence of two years from the Commission, any former member may be reappointed for a maximum of one additional term of four years.

§ 3.1-427. Compensation.

The compensation of the administrator, the secretary and other employees of the Milk Commission shall be such as may be provided in accordance with law.