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1998 SESSION
987631364Be it enacted by the General Assembly of Virginia:
1. That §§ §§ 9-6.25:1, 9-341, 9-342, 9-343, and 9-346 of the Code of Virginia are amended and reenacted as follows:
§ 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 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 Commission on the Virginia Schools for the Deaf and the Blind
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
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
Interagency Coordinating Council on Housing for the Disabled
Interdepartmental Board of the State Department of Minority Business Enterprise
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 Southside Virginia 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
Migrant and Seasonal Farmworkers Board
Motor Vehicle Dealer's Advisory Board
North Meherrin State Scenic River 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
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 Health Benefits Advisory Council
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
Virginia-Israel 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 Geographic Information Network Advisory Board
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.
§ 9-341. Definitions.
As used in this chapter, unless the context otherwise requires:
"Commercial activity" means performing services or providing goods which can normally be obtained from private enterprise.
"Commercial source" means any business or other concern that is eligible for a contract award in accordance with the Virginia Public Procurement Act.
"Competitive process" means the process approved by the Council to determine the most cost-effective privatization technique.
"Council" means the Commonwealth Competition Council.
"Fully allocated cost" means a cost which includes all direct personnel costs, materials and supplies, equipment, capital and equipment depreciation costs, rent, maintenance and repairs, utilities, insurance, travel, operations overhead, and general administrative overhead as these terms are defined in the Council's "Compete" cost comparison program.
"Managed competition" means a competitive process between a state agency and the private sector in which (i) the state agency submits its own proposal after completing the fully allocated cost of the commercial activity and (ii) the proposal is based on its most efficient proposed organization to compete with a private sector bid or proposal for the provision of the commercial activity.
"Privatization" means a variety of techniques and activities which promote more involvement of the private sector in providing services that have traditionally been provided by government. It also includes methods of providing a portion or all of select government-provided or government-produced programs and services through the private sector.
"State agency" means any board, council, authority, department, agency, or institution of the Commonwealth which employs state or nonstate personnel.
§ 9-342. Commonwealth Competition Council created; duties.
There is hereby created in the executive branch the Commonwealth Competition Council. The Council shall:
1. Examine and promote methods of providing a portion or all of select government-provided or government-produced programs and services through the private sector by a competitive contracting program, and advise the Governor, the General Assembly, and executive branch agencies of the Council's findings and recommendations.
2. Develop an institutional framework for a statewide competitive program to encourage innovation and competition within state government.
3. Establish a system to encourage the use of feasibility studies and innovation to determine where competition could reduce government costs without harming the public.
4. Monitor the products and services of state agencies to bring an element of competition and to ensure a spirit of innovation and entrepreneurship to compete with the private sector.
5. Advocate, develop and accelerate implementation of a competitive program for state entities to ensure competition for the provision or production of government services, or both, from both public and private sector entities.
6. Establish approval, planning, and reporting processes required to carry out the functions of the Council.
7. Determine the privatization potential of a program or activity; perform cost/benefit analyses; and conduct public and private performance analyses. The Secretary of Finance shall independently certify the results of the comparison.
8. Devise, in consultation with the Secretary of Finance, evaluation criteria to be used in conducting performance reviews of any program or activity which is subject to a privatization recommendation.
9. To the extent practicable and to the extent that resources are available, make its services available for a fair compensation to any political subdivision of the Commonwealth.
10. Review the practices of government agencies and nonprofit organizations which may constitute inappropriate competition with private enterprise. The Council shall develop proposals for (i) preserving the traditional role of private enterprise; (ii) encouraging the expansion of existing, and the creation of new, private enterprise; and (iii) monitoring inappropriate competition by nonprofit organizations.
§ 9-343. Membership; appointment; terms; vacancies; chairman; quorum; compensation.
A. The Council shall be composed of ten fifteen members
to be appointed as follows: four employees of executive branch agencies to be
appointed by the Governor; one member two members of the
House of Delegates to be appointed by the Speaker of the House; one member
two members of the Senate to be appointed by the Senate
Committee on Privileges and Elections; two three members
of the private sector to be appointed by the Governor; one member
two members of the private sector to be appointed by the
Speaker of the House; and one member two members of the
private sector, who shall be private sector members of the Small Business
Commission, to be appointed by the Senate Committee on Privileges and
Elections.
B. Legislative members shall serve on the Council until the expiration of their
terms of office or until their successors shall qualify. Two of the members who
are employees of executive branch agencies and one member from the private
sector appointed by the Governor shall be appointed for terms of one year. Two
of the members who are employees of executive branch agencies and one
member two members from the private sector appointed by the
Governor shall be appointed for terms of two years. The nonlegislative members
appointed by the Speaker of the House of Delegates and the Senate Committee on
Privileges and Elections shall be appointed for terms of three years.
Thereafter all nonlegislative members of the Council shall be appointed for
terms of three years.
C. Appointments to fill vacancies shall be for the unexpired terms. No person shall be eligible to serve for or during more than two successive three-year terms. Executive branch agency members shall serve only as long as they retain their positions.
D. The Council shall annually elect its chairman and vice chairman from among its members.
E. Six Eight members of the Council shall constitute a
quorum. No action shall be taken by the Council without the concurrence of at
least six eight members.
F. Legislative members shall be compensated as specified in § 14.1-18, and all members of the Council shall be reimbursed for their actual expenses incurred in the performance of their duties.
§ 9-346. Unsolicited proposals.
A. The Governor or, the General
Assembly, or the Council may direct any state agency to perform a
public/private performance analysis covering any service
commercial activity for which the Council has received a
qualifying unsolicited proposal from a private entity which is consistent with
the Council's purposes and duties as provided in § 9-342. No state
agency shall be required to perform more than one such public/private
performance analysis at the direction of the Council in a fiscal year on the
same commercial activity.
B. The Council, in cooperation with the Secretary of Administration, shall develop a process for state agencies to follow in responding to unsolicited proposals, performing cost comparisons, and presenting the findings to the Council. The Council shall take all necessary steps to ensure that state agencies are trained in such process.
C. The provisions of subsections A and B shall not apply to transportation-related projects initiated pursuant to Chapter 22 (§ 56-556 et seq.) of Title 56 that are conducted by the Department of Transportation.
2. That the provisions of this act shall not affect the terms of members currently serving on the Commonwealth Competition Council.
3. That Chapter 42 (§§ 9-330 through 9-333) of Title 9 of the Code of Virginia is repealed.