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1998 SESSION
987609364Patrons-- 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
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.
§ 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.