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1998 SESSION

987609364
HOUSE BILL NO. 1422
Offered January 30, 1998
A BILL to amend and reenact §§ 2.1-1.5, 2.1-1.9, 2.1-20.4, 2.1-51.27, 9-6.23, and 9-6.25:3 of the Code of Virginia and to amend the Code of Virginia by adding in Title 9 a chapter numbered 49, consisting of sections numbered 9-371, 9-372, and 9-373, relating to the Commission on Virginia's Public Historical Records Collection.
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Patrons-- Morgan, Callahan, Councill, Cox, Cranwell, Davies, Davis, Diamonstein, Dillard, Grayson, Guest, Hargrove, Jones, J.C., Keating, Marshall, Murphy, O'Brien, Parrish, Putney, Sherwood and Weatherholtz; Senators: Stosch and Walker
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Consent to introduce
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Referred to Committee on General Laws
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Be it enacted by the General Assembly of Virginia:

1. That §§ 2.1-1.5, 2.1-1.9, 2.1-20.4, 2.1-51.27, 9-6.23, and 9-6.25:3 are amended and reenacted and that of the Code of Virginia is amended by adding in Title 9 a chapter numbered 49, consisting of sections numbered 9-371, 9-372, and 9-373, as follows:

§ 2.1-1.5. Entities not subject to standard nomenclature.

The following entities are not subject to the provisions of § 2.1-1.2 due to the unique characteristics or the enabling legislation of the entities:

Authorities

Assistive Technology Loan Fund Authority.

Medical College of Virginia Hospitals Authority.

Richmond Eye and Ear Hospital Authority.

Small Business Financing Authority.

State Education Assistance Authority.

Virginia Agriculture Development Authority.

Virginia College Building Authority.

Virginia Economic Development Partnership.

Virginia Education Loan Authority.

Virginia Housing Development Authority.

Virginia Information Providers Network Authority.

Virginia Innovative Technology Authority.

Virginia Port Authority.

Virginia Public Building Authority.

Virginia Public School Authority.

Virginia Resources Authority.

Virginia Student Assistance Authorities.

Boards

Board of Commissioners, Virginia Agriculture Development Authority.

Board of Commissioners, Virginia Port Authority.

Board of Directors, Assistive Technology Loan Fund Authority.

Board of Directors, Medical College of Virginia Hospitals Authority.

Board of Directors, Richmond Eye and Ear Hospital Authority.

Board of Directors, Small Business Financing Authority.

Board of Directors, Virginia Economic Development Partnership.

Board of Directors, Virginia Student Assistance Authorities.

Board of Directors, Virginia Innovative Technology Authority.

Board of Directors, Virginia Resources Authority.

Board of Regents, Gunston Hall Plantation.

Board of Regents, James Monroe Memorial Law Office and Library.

Board of Trustees, Family and Children's Trust Fund.

Board of Trustees, Frontier Culture Museum of Virginia.

Board of Trustees, Jamestown-Yorktown Foundation.

Board of Trustees, Miller School of Albemarle.

Board of Trustees, Rural Virginia Development Foundation.

Board of Trustees, The Science Museum of Virginia.

Board of Trustees, Virginia Museum of Fine Arts.

Board of Trustees, Virginia Museum of Natural History.

Board of Trustees, Virginia Outdoor Foundation.

Board of Visitors, Christopher Newport University.

Board of Visitors, The College of William and Mary in Virginia.

Board of Visitors, George Mason University.

Board of Visitors, Gunston Hall Plantation.

Board of Visitors, James Madison University.

Board of Visitors, Longwood College.

Board of Visitors, Mary Washington College.

Board of Visitors to Mount Vernon.

Board of Visitors, Norfolk State University.

Board of Visitors, Old Dominion University.

Board of Visitors, Radford University.

Board of Visitors, University of Virginia.

Board of Visitors, Virginia Commonwealth University.

Board of Visitors, Virginia Military Institute.

Board of Visitors, Virginia Polytechnic Institute and State University.

Board of Visitors, Virginia State University.

Commonwealth Health Research Board.

Governing Board, Virginia College Building Authority.

Governing Board, Virginia Public School Authority.

Library Board, The Library of Virginia.

Motor Vehicle Dealer Board.

State Board for Community Colleges, Virginia Community College System.

Virginia-Israel Advisory Board.

Commissions

Advisory Commission on the Virginia Schools for the Deaf and the Blind.

Alexandria Historical Restoration and Preservation Commission.

Charitable Gaming Commission.

Chesapeake Bay Bridge and Tunnel Commission.

Commission on Virginia's Public Historical Records Collection.

Hampton Roads Sanitation District Commission.

Districts

Chesapeake Bay Bridge and Tunnel District.

Hampton Roads Sanitation District.

Educational Institutions

Christopher Newport University.

College of William and Mary in Virginia.

Frontier Culture Museum of Virginia.

George Mason University.

James Madison University.

Jamestown-Yorktown Foundation.

Longwood College.

Mary Washington College.

Miller School of Albemarle.

Norfolk State University.

Old Dominion University.

Radford University.

The Science Museum of Virginia.

University of Virginia.

Virginia Commonwealth University.

Virginia Community College System.

Virginia Military Institute.

Virginia Museum of Fine Arts.

Virginia Polytechnic Institute and State University.

The Library of Virginia.

Virginia State University.

Foundations

Chippokes Plantation Farm Foundation.

Rural Virginia Development Foundation.

Virginia Arts Foundation.

Virginia Conservation and Recreation Foundation.

Virginia Historic Preservation Foundation.

Virginia Outdoor Foundation.

Museum

Virginia Museum of Natural History.

Partnership

A. L. Philpott Manufacturing Extension Partnership.

Plantation

Gunston Hall Plantation.

§ 2.1-1.9. Commissions.

Notwithstanding the definition for "commission" as provided in § 2.1-1.2, the following entities shall be referred to as commissions:

Advisory Commission on the Virginia Schools for the Deaf and the Blind

Charitable Gaming Commission

Commission on Local Government

Commission on Virginia's Public Historical Records Collection

Marine Resources Commission

Milk Commission

Virginia Commission for the Arts

Virginia Employment Commission.

§ 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

Charitable Gaming Commission

Chesapeake Bay Local Assistance Board

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

Juvenile Justice, State Board of

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 Historical Records Collection, Commission on Virginia's

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 Health Planning Board

Virginia Manufactured Housing Board

Virginia Veterans Care Center Board of Trustees

Virginia Waste Management Board

Visually Handicapped, Virginia Board for the

Waste Management Facility Operators, Board for

Water Control Board, State

Waterworks and Wastewater Works Operators, Board for

Well Review Board, Virginia.

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.

§ 2.1-51.27. Agencies for which responsible.

The Secretary of Administration shall be responsible to the Governor for the following agencies and boards: Department of Information Technology, Council on Information Management, Department of Personnel and Training, Department of General Services, Compensation Board, Secretary of the Commonwealth, Department of Employee Relations Counselors, Department of Veterans' Affairs, Virginia Veterans Care Center Board of Trustees, Commission on Local Government, Commission on Virginia's Public Historical Records Collection, Charitable Gaming Commission, and Virginia Public Broadcasting Board. The Governor may, by executive order, assign any other state executive agency to the Secretary of Administration, or reassign any agency listed above to another secretary.

§ 9-6.23. (Effective July 1, 1998) Prohibition against service by legislators on boards, commissions, and councils within the executive branch.

Members of the General Assembly shall be ineligible to serve on boards, commissions, and councils within the executive branch which are responsible for administering programs established by the General Assembly. Such prohibition shall not extend to boards, commissions, and councils engaged solely in policy studies or commemorative activities. If any law directs the appointment of any member of the General Assembly to a board, commission, or council in the executive branch which is responsible for administering programs established by the General Assembly, such portion of such law shall be void, and the Governor shall appoint another person from the Commonwealth at large to fill such a position. The provisions of this section shall not apply, however, to members of the Board for Branch Pilots, who shall be appointed as provided for in § 54.1-901; to members of the Board on Veterans' Affairs, who shall be appointed as provided for in § 2.1-741; to members of the Council on Indians, who shall be appointed as provided for in § 9-138.1; to members of the Virginia Technology Council, who shall be appointed as provided for in § 9-145.51; to members of the Board of Trustees of the Southwest Virginia Higher Education Center, who shall be appointed as provided for in § 23-231.3; to members of the Maternal and Child Health Council, who shall be appointed as provided for in § 9-318; to members of the Virginia Interagency Coordinating Council who shall be appointed as provided for in § 2.1-750; to members of the Advisory Council on the Virginia Business-Education Partnership Program, who shall be appointed as provided in § 9-326; to members of the Advisory Commission on Welfare Reform, who shall be appointed as provided for in § 63.1-133.44; to members of the Virginia Correctional Enterprises Advisory Board, who shall be appointed as provided for in § 2.1-451.2; to members appointed to the Virginia Veterans Cemetery Board pursuant to § 2.1-739.2; to members appointed to the Board of Trustees of the Roanoke Higher Education Authority pursuant to § 23-231.15; to members of the Commonwealth Competition Commission, who shall be appointed as provided for in § 9-343; to members of the Virginia Geographic Information Network Advisory Board, who shall be appointed as provided for in § 2.1-563.41; or to members of the Advisory Commission on the Virginia Schools for the Deaf and the Blind, who shall be appointed as provided for in § 22.1-346.1; or to members of the Commission on Virginia's Public Historical Records Collection, who shall be appointed as provided for in § 9-372.

§ 9-6.25:3. Supervisory boards, commissions, and councils.

There shall be, in addition to such others as may be designated in accordance with § 9-6.25, the following supervisory boards, commissions, and councils:

Alcoholic Beverage Control Board

Board for Branch Pilots

Board of Commissioners, Virginia Port Authority

Board of Game and Inland Fisheries

Board of Regents, Gunston Hall Plantation

Board of Regents, James Monroe Memorial Law Office and Library

Board of Trustees, Chippokes Plantation Farm Foundation

Board of Trustees, Frontier Culture Museum of Virginia

Board of Trustees, Jamestown-Yorktown Foundation

Board of Trustees, the Science Museum of Virginia

Board of Trustees, Virginia Museum of Fine Arts

Board of Trustees, Virginia Retirement System

Board of Trustees, Virginia Veterans Care Center

Board of Trustees, Virginia War Memorial Foundation

Board of Visitors, Christopher Newport University

Board of Visitors, George Mason University

Board of Visitors, James Madison University

Board of Visitors, Longwood College

Board of Visitors, Mary Washington College

Board of Visitors, Norfolk State University

Board of Visitors, Old Dominion University

Board of Visitors, Radford University

Board of Visitors, The College of William and Mary in Virginia

Board of Visitors, University of Virginia

Board of Visitors, Virginia Commonwealth University

Board of Visitors, Virginia Military Institute

Board of Visitors, Virginia Polytechnic Institute and State University

Board of Visitors, Virginia State University

Charitable Gaming Commission

Commonwealth's Attorneys' Services Council

Commission on Virginia's Public Historical Records Collection

Compensation Board

Governing Board, Virginia College Building Authority

Governing Board, Virginia Public School Authority

Motor Vehicle Dealer Board

State Board for Community Colleges, Virginia Community College System

State Board of Education

State Certified Seed Board

State Council of Higher Education for Virginia

Virginia Agricultural Council

Virginia Bright Flue-Cured Tobacco Board

Virginia Board for People with Disabilities

Virginia Cattle Industry Board

Virginia Corn Board

Virginia Cotton Board

Virginia Dark-Fired Tobacco Board

Virginia Egg Board

Virginia Horse Industry Board

Virginia Marine Products Board

Virginia Peanut Board

Virginia Pork Industry Board

Virginia Soybean Board

Virginia State Apple Board

Virginia Sweet Potato Board.

CHAPTER 49.
COMMISSION ON VIRGINIA'S PUBLIC HISTORICAL RECORDS COLLECTION.

§ 9-371. Commission created; purpose.

There is hereby created the Commission on Virginia's Public Historical Records Collection, hereinafter referred to as the Commission. The purpose of the Commission shall be to provide direction and oversight to state agencies with significant historical records collection holdings. The Commission shall evaluate each agency's particular collection and make recommendations to the agency and the General Assembly regarding program needs including cataloguing, preservation, acquisition and accessibility. In performing its duties, the Commission shall encourage the development of uniform policies and services to ensure that the holdings of the Commonwealth are appropriately preserved and accessible.

§ 9-372. Membership; appointment; terms.

A. The Commission shall consist of nineteen members. The appointment of members shall be as follows: seven members from the House of Delegates to be appointed by the Speaker of the House; four members from the Senate of Virginia to be appointed by the Senate Committee on Privileges and Elections; and seven citizens to be appointed by the Governor. Of the citizens appointed by the Governor, two shall be representatives from the Swem and Alderman libraries, two shall be representatives of historical societies, two shall be representatives of genealogical societies and one shall be a representative of a clerk of the court office. The State Archivist, as appointed pursuant to § 42.1-79, shall serve as an ex officio member of the Commission with full voting privileges.

B. The terms of legislative members shall be coincident with their service in the house from which appointed. The appointees of the Governor shall serve for terms of four years. Their successors shall be appointed for like terms, and vacancies occurring other than by expiration of term shall be filled for the unexpired term and shall be made in the same manner as the original appointment. All members of the Commission shall be compensated as specified in § 14.1-18, and shall be reimbursed for expenses incurred in the performance of their duties.

§ 9-373. Powers and duties of the Commission.

A. The Commission shall have the power and duty to:

1. Determine the size and scope of historical records among agencies of the Commonwealth;

2. Supervise the cataloguing of historical records by state agencies and recommend preservation priorities;

3. Recommend to the Governor and General Assembly policies, legislation and funding to further the Commonwealth's collection and preservation of historical records collections;

4. Promote public-private collaboration for archival preservation and collection;

5. Develop interagency mechanisms for the planning and coordination of preservation efforts;

6. Review and coordinate all agency funding requests with emphasis on funding for preservation and accessibility;

7. Provide planning and technical assistance for agencies lacking appropriate preservation and acquisition plans;

8. Promote and encourage the development of programs and curricula within the Commonwealth's institutions of higher education for the training of personnel involved with historical records collections; and

9. Monitor the progress of each agency's work with their historical records collections with special attention to preservation and accessibility.

B. The Commission shall report annually to the Governor and at such other times as required by the Governor or the General Assembly.