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1997 SESSION
967270801Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-1.6, 2.1-20.4, and 9-6.25:2 of the Code of Virginia are amended and reenacted and the Code of Virginia is amended by adding in Chapter 35.2 of Title 2.1 an article numbered 8, consisting of sections numbered 2.1-563.36 through 2.1-563.40, as follows:
§ 2.1-1.6. State boards.
A. There shall be, in addition to such others as may be established by law, the following permanent collegial bodies affiliated with a state agency within the executive branch:
Accountancy, Board for
Aging, Advisory Board on the
Agriculture and Consumer Services, Board of
Air Pollution, State Advisory Board on
Alcoholic Beverage Control Board, Virginia
Apple Board, Virginia State
Appomattox State Scenic River Advisory Board
Aquaculture Advisory Board
Architects, Professional Engineers, Land Surveyors and Landscape Architects, State Board for
Art and Architectural Review Board
Athletic Board, Virginia
Auctioneers Board
Audiology and Speech-Language Pathology, Board of
Aviation Board, Virginia
Barbers, Board for
Branch Pilots, Board for
Bright Flue-Cured Tobacco Board, Virginia
Building Code Technical Review Board, State
Catoctin Creek State Scenic River Advisory Board
Cattle Industry Board, Virginia
Cave Board
Certified Seed Board, State
Chesapeake Bay Local Assistance Board
Chickahominy State Scenic River Advisory Board
Child Abuse and Neglect, Advisory Board on
Chippokes Plantation Farm Foundation, Board of Trustees
Clinch Scenic River Advisory Board
Coal Mining Examiners, Board of
Coal Research and Development Advisory Board, Virginia
Coal Surface Mining Reclamation Fund Advisory Board
Coastal Land Management Advisory Council, Virginia
Conservation and Development of Public Beaches, Board on
Conservation and Recreation, Board of
Contractors, Board for
Corn Board, Virginia
Correctional Education, Board of
Corrections, State Board of
Cosmetology, Board for
Criminal Justice Services Board
Dark-Fired Tobacco Board, Virginia
Deaf and Hard-of-Hearing, Advisory Board for the Department for the
Dentistry, Board of
Education, State Board of
Egg Board, Virginia
Emergency Medical Services Advisory Board
Employment Agency Advisory Board
Farmers Market Board, Virginia
Film Office Advisory Board
Fire Services Board, Virginia
Forensic Science Advisory Board
Forestry, Board of
Funeral Directors and Embalmers, Board of
Game and Inland Fisheries, Board of
Geology, Board for
Goose Creek Scenic River Advisory Board
Health Planning Board, Virginia
Health Professions, Board of
Health, State Board of
Hearing Aid Specialists, Board for
Hemophilia Advisory Board
Historic Resources, Board of
Housing and Community Development, Board of
Industrial Development Services Advisory Board
Insurance Advisory Board, State
Irish Potato Board, Virginia
Laboratory Services Advisory Board
(Effective July 1, 1996) Litter Control and Recycling Fund Advisory Board
Marine Products Board, Virginia
Medical Advisory Board, Department of Motor Vehicles
Medical Board of the Virginia Retirement System
Medicare and Medicaid, Advisory Board on
Medicine, Board of
Mental Health, Mental Retardation and Substance Abuse Services Board, State
Migrant and Seasonal Farmworkers Board
Military Affairs, Board of
Mineral Mining Examiners, Board of
Minority Business Enterprise, Interdepartmental Board of the Department of
Networking Users Advisory Board, State
Nottoway State Scenic River Advisory Board
Nursing, Board of
Nursing Home Administrators, Board of
Occupational Therapy, Advisory Board on
Oil and Gas Conservation Board, Virginia
Opticians, Board for
Optometry, Board of
Peanut Board, Virginia
Personnel Advisory Board
Pesticide Control Board
Pharmacy, Board of
Physical Therapy to the Board of Medicine, Advisory Board on
Plant Pollination Advisory Board
Polygraph Examiners Advisory Board
Pork Industry Board, Virginia
Poultry Products Board, Virginia
Private College Advisory Board
Private Security Services Advisory Board
Professional and Occupational Regulation, Board for
Professional Counselors, Board of
Professional Soil Scientists, Board for
Psychiatric Advisory Board
Psychology, Board of
Public Buildings Board, Virginia
Public Telecommunications Board, Virginia
Radiation Advisory Board
Real Estate Appraiser Board
Real Estate Board
Reciprocity Board, Department of Motor Vehicles
Recreational Fishing Advisory Board, Virginia
Recreation Specialists, Board of
Reforestation Board
Rehabilitation Providers, Advisory Board on
Rehabilitative Services, Board of
Respiratory Therapy, Advisory Board on
Retirement System Review Board
Rockfish State Scenic River Advisory Board
Safety and Health Codes Board
Seed Potato Board
Sewage Handling and Disposal Appeal Review Board, State Health Department
Shenandoah State Scenic River Advisory Board
Small Business Advisory Board
Small Business Environmental Compliance Advisory Board
Small Grains Board, Virginia
Social Services, Board of
Social Work, Board of
Soil and Water Conservation Board, Virginia
Soybean Board, Virginia
State Air Pollution Control Board
Substance Abuse Certification Board
Surface Mining Review, Board of
Sweet Potato Board, Virginia
T & M Vehicle Dealers' Advisory Board
Teacher Education and Licensure, Advisory Board on
Tourism and Travel Services Advisory Board
Transportation Board, Commonwealth
Transportation Safety, Board of
Treasury Board, The, Department of the Treasury
Veterans' Affairs, Board on
Veterinary Medicine, Board of
Virginia Board for Asbestos Licensing
Virginia Coal Mine Safety Board
Virginia Correctional Enterprises Advisory Board
Virginia Education Network Board
Virginia Employment Commission, State Advisory Board for the
(Effective July 1, 1996) Virginia Higher Education Tuition Trust Fund, Board of the
Virginia Horse Industry Board
Virginia Manufactured Housing Board
Virginia Retirement System, Board of Trustees
(For effective date - See Editor's note) Virginia Sheep Industry Board
Virginia Veterans Cemetery Board
Virginia Waste Management Board
Visually Handicapped, Virginia Board for the
Voluntary Formulary Board, Virginia
War Memorial Foundation, Virginia, Board of Trustees
(Contingently repealed - See Editor's note) Waste Management Facility Operators, Board for
Water Resources Research Center Statewide Advisory Board, Virginia
Waterworks and Wastewater Works Operators, Board for
Well Review Board, Virginia
Youth and Family Services, State Board of.
B. Notwithstanding the definition for "board" as provided in § 2.1-1.2, the following entities shall be referred to as boards:
Compensation Board
State Board of Elections
State Water Control Board
Virginia Parole Board
Virginia Veterans Care Center Board of Trustees.
§ 2.1-20.4. Bodies receiving compensation.
A. Notwithstanding any other provision of law, the following commissions, boards, etc., shall be those which receive compensation from state funds pursuant to § 2.1-20.3:
Accountancy, Board for
Agriculture and Consumer Services, Board of
Air Pollution Control Board, State
Airports Authority, Virginia
Apprenticeship Council
Architects, Professional Engineers, Land Surveyors and Landscape Architects, State Board for
Athletic Board, Virginia
Auctioneers Board
Audiology and Speech-Language Pathology, Board of
Aviation Board, Virginia
Barbers, Board for
Branch Pilots, Board for
Building Code Technical Review Board, State
(Effective July 1, 1996) Charitable Gaming Commission
Chesapeake Bay Local Assistance Board
Child Day Care and Early Childhood Programs, Virginia Council on
Coal Mining Examiners, Board of
College Building Authority
Commonwealth Competition Council
Commonwealth Transportation Board
Conservation and Development of Public Beaches, Board on
Conservation and Recreation, Board of
Contractors, Board for
Correctional Education, Board of
Corrections, Board of
Cosmetology, Board for
Criminal Justice Services Board
Deaf and Hard-of-Hearing, Advisory Board for the
Dentistry, Board of
Education, State Board of
Education Loan Authority, Virginia - Board of Directors
Elections, State Board of
Environment, Council on the
Fire Services Board, Virginia
Funeral Directors and Embalmers, Board of
Game and Inland Fisheries, Board of
Geology, Board for
Health, State Board of
Health Professions, Board of
Hearing Aid Specialists, Board for
Higher Education, State Council of
Historic Resources, Board of
Housing and Community Development, Board of
Information Management, Council on
Marine Resources Commission
Medical Assistance Services, Board of
Medical Complaint Investigation Committee
Medicine, Board of
Mental Health, Mental Retardation and Substance Abuse Services Board, State
Milk Commission
Mineral Mining Examiners, Board of
Motor Vehicle Dealer Board
Nursing, Board of
Nursing Home Administrators, Board of
Occupational Therapy, Advisory Board on
Oil and Gas Conservation Board, Virginia
Opticians, Board for
Optometry, Board of
Pesticide Control Board
Pharmacy, Board of
Physical Therapy, Advisory Board on
Port Authority, Board of Commissioners of the Virginia
Professional and Occupational Regulation, Board for
Professional Counselors, Board of
Professional Soil Scientists, Board for
Psychology, Board of
Public Defender Commission
Public School Authority, Virginia
Purchases and Supply Appeals Board
Real Estate Appraiser Board
Real Estate Board
Recreation Specialists, Board of
Rehabilitative Services, Board of
Respiratory Therapy, Advisory Board on
Safety and Health Codes Board
Seed Potato Board
Social Services, Board of
Social Work, Board of
State Health Department Sewage Handling and Disposal Appeal Review Board
Substance Abuse Certification Board
Surface Mining Review, Board of
Treasury Board
Veterans' Affairs, Board on
Veterinary Medicine, Board of
Virginia Board for Asbestos Licensing
Virginia Education Network Board
Virginia Health Planning Board
Virginia Manufactured Housing Board
Virginia Veterans Care Center Board of Trustees
Virginia Waste Management Board
Visually Handicapped, Virginia Board for the
(Contingent repeal - See Editor's note) Waste Management Facility Operators, Board for
Water Control Board, State
Waterworks and Wastewater Works Operators, Board for
Well Review Board, Virginia
Youth and Family Services, State Board of.
B. Individual members of boards, commissions, committees, councils, and other similar bodies appointed at the state level and receiving compensation for their services on January 1, 1980, but who will not receive compensation under the provisions of this article, shall continue to receive compensation at the January 1, 1980, rate until such member's current term expires.
§ 2.1-563.36. Virginia Education Network Board; functions; membership; terms; chairman; meetings; expenses.
The Virginia Education Network Board within the Council on Information Management is established. The Board shall be charged with assisting educational institutions and other appropriate public and private entities in the Commonwealth in the establishment, operation, and use of advanced telecommunications facilities and services that constitute the Virginia Education Network.
Notwithstanding the provisions of § 2.1-42.1, the Board shall consist of thirteen members, including the Secretary of Education, Director of the State Council of Higher Education, Superintendent of Public Instruction, Chancellor of the of the Community College System, State Librarian, Chairman of the Virginia Technology Council, Director of the Council on Information Management and Director of the Department of Information Technology. Any of the foregoing designated members may, with prior notification to the Chairman of the Virginia Education Network Board, delegate another member of his respective organization to serve in his stead. The remaining five members shall be designated by the Governor from institutions of higher education; the designations shall be recommended by the president of each institution. Of those members first designated by the Governor, two shall serve for terms of three years, two for terms of two years and one for a term of one year. Thereafter, the successors of all designated members shall be designated for a term of two years each. Vacancies other than by expiration of the term shall be filled by the Governor for the unexpired term. No member shall serve more than two consecutive two-year terms.
The Governor shall designate a member to serve as chairman, and the members may elect from their number a vice-chairman and may appoint a secretary and such other officers as they deem necessary and shall prescribe their duties and terms of office.
The Board shall meet at least annually or at the call of its chairman.
A quorum of the Board shall consist of seven members.
Board members shall be reimbursed for their actual and necessary expenses for travel and subsistence incurred in performance of their duties as Board members away from their places of residence. The expenses shall be paid from such funds as may be appropriated for the purpose.
§ 2.1-563.37. General Powers.
The general powers of the Board are to:
1. Request the services, expertise, policy development and technical support of the Council on Information Management from the Director on issues concerning the Virginia Education Network.
2. Accept grants from the United States government and agencies and instrumentalities thereof and any other source. To these ends, the Board shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient or desirable.
3. Prescribe rules and promulgate regulations necessary or incidental to the performance of the duties or executions of the powers conferred under this article concerning the Virginia Education Network.
4. Do all acts necessary or convenient to carry out the purposes of this article.
§ 2.1-563.38. Duties of Board.
The Board shall:
1. Allocate and oversee the administration of appropriations, grants, gifts, and contributions for the Virginia Education Network.
2. Be responsible for monitoring and tracking all contractual and other relationships between the Commonwealth and the various entities in the Virginia Education Network. Appropriate actions include, but are not limited to:
a. Requiring such plans or reports and conducting such inspections and investigations as it deems necessary;
b. Ensuring that agreements for the utilization of the Virginia Education Network are entered into and determing the conditions thereof; and
c. Ensuring that the acquisition, production and distribution of services and facilities are available to any entity in the Commonwealth meeting the prescribed criteria established by the Board.
3. Oversee and approve all planning relating to, and forecast the needs of and for, advanced telecommunications services and facilities which relate to the Virginia Education Network within the Commonwealth. Appropriate actions include, but are not limited to:
a. Ensuring the availability of adequate advanced telecommunications services and facilities; and
b. Ensuring the provision of assistance to the educational institutions and other appropriate entities of the Commonwealth relating to the use of the Virginia Education Network.
4. Ensure that the development and use of the Virginia Education Network services and facilities are coordinated. Appropriate actions include, but are not limited to:
a. Overseeing the network established for the purpose of interconnecting the various entities and facilities within the Commonwealth;
b. Establishing appropriate criteria and evaluating the state of readiness of potential users of the Virginia Education Network;
c. Establishing appropriate criteria and procedures for allocating available funds for the use of potential users of the Virginia Education Network;
d. Recommending adoption of policies, standards and guidelines relating to technology, curriculum and training to appropriate entities of the Commonwealth, including, but not limited to, the Council on Information Management, the State Council of Higher Education and the Department of Education; and
e. Working with all local, state and federal agencies and other appropriate entities in matters involving furthering the use of the Virginia Education Network.
§ 2.1-563.39. Virginia Education Network funds.
Any funds appropriated to the Council on Information Management for carrying out the purposes of this article shall be dispensed to:
1. Support the development of the Virginia Education Network within the Commonwealth.
2. Conduct and sponsor research into methods for improving the Virginia Education Network and the uses which might result from these improvements.
3. Purchase appropriate advanced telecommunications services and facilities for the Commonwealth's higher education institutions and for public libraries, museums and other appropriate entities.
4. Generally aid educational and other appropriate entities within the Commonwealth in their efforts to serve the citizens of the Commonwealth.
§ 2.1-563.40. Council support to the Board.
The Department of Planning and Budget, the Department of Education and the State Council of Higher Education shall, at the request of the Council on Information Management, provide administrative support to the Council and perform such other services as the Council may direct to provide services, expertise, supplies and facilities to the Board.
§ 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 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 Education Network Board
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.
(For repeal - See Editor's note) Waste Management Facility Operators, Board for.