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1997 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-1.7 and 32.1-297.1 of the Code of Virginia are amended and reenacted as follows:
§ 2.1-1.7. State councils.
A. There shall be, in addition to such others as may be established by law, the following permanent collegial bodies either affiliated with more than one agency or independent of an agency within the executive branch:
Adult Education and Literacy, Virginia Advisory Council for
Agricultural Council, Virginia
Alcohol and Drug Abuse Problems, Governor's Council on
Apprenticeship Council
Blue Ridge Regional Education and Training Council
Child Day-Care Council
Citizens' Advisory Council on Furnishing and Interpreting the Executive Mansion
Commonwealth Competition Council
Commonwealth's Attorneys' Services Council
Developmental Disabilities Planning Council, Virginia
Disability Services Council
Equal Employment Opportunity Council, Virginia
Housing for the Disabled, Interagency Coordinating Council on
Human Rights, Council on
Human Services Information and Referral Advisory Council
Indians, Council on
Interagency Coordinating Council, Virginia
Job Training Coordinating Council, Governor's
Land Evaluation Advisory Council
Maternal and Child Health Council
Military Advisory Council, Virginia
Needs of Handicapped Persons, Overall Advisory Council on the
Prevention, Virginia Council on Coordinating
Public Records Advisory Council, State
Rate-setting for Children's Facilities, Interdepartmental Council on
Revenue Estimates, Advisory Council on
Southside Virginia Marketing Council
Specialized Transportation Council
State Health Benefits Advisory Council
Status of Women, Council on the
Technology Council, Virginia
Virginia Business-Education Partnership Program, Advisory Council on the
Virginia Recycling Markets Development Council.
B. Notwithstanding the definition for "council" as provided in § 2.1-1.2, the following entities shall be referred to as councils:
Council on Information Management
Higher Education, State Council of
Independent Living Council, Statewide
Rehabilitation Advisory Council, Statewide
Rehabilitation Advisory Council for the Blind, Statewide.
Transplant Council, Virginia
§ 32.1-297.1. The Virginia Transplant Council.
A. For the purpose of advising the Board, conducting
educational and informational activities and coordinating such activities as
they relate to organ and, tissue, and eye
donation, procurement, and transplantation efforts in the
Commonwealth, there is hereby established the Virginia Transplant Council
(the "Council"). The Council shall be staffed by an executive director, who
shall be a state employee for all purposes. The Council may establish such
bylaws as may be necessary for its operation, consistent with state and federal
law.
B. The membership of the Council shall initially consist
of the following organizations, each of whom shall have one vote: the
University of Virginia Medical Center, the Medical College of Virginia, the
Virginia Organ Procurement Agency, the Eastern Virginia Renal Transplant
Program, the Eastern Virginia Tissue Bank, the Old Dominion Eye Bank, the
Lion's Eye and Research Center of Eastern Virginia, the
Eye Bank and Research Foundation of Virginia and the South-Eastern Organ
Procurement Foundation the Bone Marrow Transplantation Program at
Medical College of Virginia Hospitals, the Bone Marrow Program at Virginia
Blood Services, the Bone Marrow Transplantation Program
at the University of Virginia Medical Center, Carolina Organ Procurement
Agency, INOVA Fairfax Hospital, Henrico Doctors' Hospital, LifeNet, Life
Resources Regional Donor Center, Lion's Medical Eye Bank
and Research Center of Eastern Virginia, Medical College of Virginia Hospitals,
Old Dominion Eye Bank, Roanoke Memorial Hospitals, Sentara Norfolk General
Hospital, South-Eastern Organ Procurement Foundation, University of Virginia
Health Sciences Center, Virginia Hospital and Healthcare Association,
Virginia's Organ Procurement Agency, and Washington
Regional Transplant Consortium, and any successor organization thereof which
remains directly involved in activities related to organ, tissue, or eye
donation, procurement, or transplantation in Virginia. The Council
shall elect, from among its membership, such officers as its bylaws require to
serve for the terms established in such bylaws.
C. In order to provide flexibility, viable
and coordination and to prevent duplication of efforts, the
member organizations Council may
agree to include as members of extend nonvoting, associate
membership on the Council to representatives of other
organizations, agencies, or experts, public or private, who (i)
are directly involved in or (ii) provide education or information on
organ or, tissue, or eye donation,
procurement, or transplantation as they deem appropriate.
Such other experts membership
shall include a representative of a bone marrow transplantation
program be extended to the Virginia Departments of Education, Health
Professions, and Motor Vehicles, and may be extended to other organizations,
agencies, or experts as the Council deems appropriate.
The Board of Health shall be designated as budgetary administrator of the
Council and shall receive such funds as may be provided by the General Assembly
in the appropriations act. The Board shall provide technical oversight for the
Commonwealth of the activities of the Council and shall require such fiscal and
substantive reports of the Council as it deems necessary.
D. The Council shall (i) advise the Board regarding the
administration of the Council's activities; (ii) conduct and coordinate
education and informational activities as they relate to organ, tissue, and eye
donation, procurement, and transplantation efforts; and (iii)
conduct its activities in consultation and coordination with other
organizations whose goals are related to organ or,
tissue, or eye donation, procurement, or transplantation
including, but not limited to, the End Stage Renal Disease Network
of the Virginias, the North American Transplant Coordinators' Organization, the
National Kidney Foundation of Virginia, the American Liver Foundation, the
United Network for Organ Sharing and , the Virginia Heart
Association, and successor organizations thereof. To achieve its
purpose purposes efficiently and
effectively, the Council may conduct its activities through in
partnership with its member organizations or may contract for services
with appropriate parties.
E. The State Board of Health shall be designated the budgetary administrator of the Council and shall receive such funds as may be provided by the General Assembly in the appropriation act for the operation and administration of the Council. The Board, in consultation with the Commissioner, shall oversee the activities and programs of the Council and shall require the fiscal and substantive reports of the Council to be submitted on or before June 30 of each year.
F. To enable the Council to further its purposes, the Board may, on behalf of the Council, apply for, accept, and expend gifts, grants, or donations from public or private sources. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Transplant Council Education Fund (the "Fund") which shall be administered by the Board, in consultation with the Commissioner. The Fund shall be established on the books of the Comptroller as a revolving fund and shall consist of such gifts, grants, or donations as may be received pursuant to this subsection and any moneys appropriated by the General Assembly to support the Council's education and information programs. Moneys remaining in the Fund at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Interest earned on such funds shall remain in the Fund and be credited to it.
G. In addition to such other reports as may be required by the Commissioner or the Board, on or before September 30 of each year, the Council shall submit a report on its activities, programs, and funding in the previous fiscal year to the Board.
2. That, consistent with the provisions of § 32.1-297.1 A, the individual serving as the executive director of the Virginia Transplant Council on January 1, 1997, shall, upon the effective date of this provision, be offered such position. Further, between the date of the enactment of this provision and its effective date, the Commissioner shall work with the Council's members and its executive director to develop understanding and agreement on future activities of the Council, to accord appropriate recognition of the Council's work, to revise, as necessary, its bylaws, and to develop a plan for a smooth transition to permanent collegial body status.