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1998 SESSION


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact § 3.1-1060 of the Code of Virginia, relating to the Winegrowers Advisory Board; membership.
[H 1028]
Approved

Be it enacted by the General Assembly of Virginia:

1. That § 3.1-1060 of the Code of Virginia is amended and reenacted as follows:

§ 3.1-1060. Advisory Board created.

A. The Winegrowers Advisory Board is hereby created within the Department of Agriculture and Consumer Services to be composed of fifteen sixteen members appointed by the Governor. The Commissioner, the President of the Virginia Tourism Corporation, and the Chairman of the Alcoholic Beverage Control Board, or their designees, shall serve as ex officio members of the Board with the power to vote. Five members shall be operators of farm wineries. Three shall serve for an initial term of three years, one for an initial term of two years, and one for an initial term of one year, and each thereafter shall be appointed for a term of three years. Three members shall be commercial grape growers with no winery affiliation. One grower shall serve for an initial term of three years, one for an initial term of two years, and one for an initial term of one year and each shall thereafter be appointed for a term of three years. One member from VPI-SU shall be appointed for a term of three years. One member representing the wholesaling and one member representing the retailing segment of the wine industry shall each be appointed for a term of three years. One member representing the hotel and restaurant industry and one citizen member shall be appointed for a term of three years, respectively.

B. The Commissioner shall immediately declare the office of any member of the Board vacant when he finds that the member is unable to perform the duties of his office or for any reason does not meet the qualifications of this section. The Governor shall appoint a new member to serve for a full or unexpired term whenever the office of a member becomes or is declared vacant. In any case where a new appointment is made, the person receiving the appointment shall be a representative of the same segment of industry or government as his predecessor. No board member may serve for more than two consecutive terms. Original appointments of terms of one and two years shall be regarded as full terms and appointments to fill unexpired terms shall likewise be regarded as full terms.

C. The members of the Board shall serve without compensation but the nongovernmental members may be reimbursed for reasonable expenses incurred in attending meetings of the Board or in acting in an official capacity for the Board.

D. The first Board appointed shall meet as soon as practicable for the purpose of organizing and electing officers. Officers including a chairman and vice-chairman shall be elected for one-year terms. It shall adopt a general statement of policy and procedures which shall be subject to approval by the State Board of Agriculture and Consumer Services. Thereafter the Board shall meet at least once a year and at such special meetings as the chairman may call. The chairman may call a special meeting at any time and shall call a special meeting when requested by six or more members of the Board. No meeting shall be deemed a regular or special meeting unless a quorum is present.

E. The Commissioner shall report to the Board of Agriculture and Consumer Services in the manner and at such times as the Board of Agriculture and Consumer Services may prescribe, regarding the receipt and expenditure of funds as well as the Board's policies, programs and activities. The Board of Agriculture and Consumer Services shall ensure that funds made available to the Winegrowers Productivity Fund are expended only for the purposes of this chapter.