SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1999 SESSION

991243717
HOUSE BILL NO. 2605
FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by Senator Y. B. Miller
on February 25, 1999)
(Patron Prior to Substitute--Delegate Landes)
A BILL to amend and reenact §§ 2.1-1.7, 2.1-20.4, 2.1-51.15, 9-6.23 and 9-6.25:1 of the Code of Virginia and to amend the Code of Virginia by adding in Title 9 a chapter numbered 50, consisting of sections numbered 9-379 through 9-385, relating to state councils.

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.1-1.7, 2.1-20.4, 2.1-51.15, 9-6.23 and 9-6.25:1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Title 9 a chapter numbered 50, consisting of sections numbered 9-379through 9-385, as follows:

§ 2.1-1.7. State councils.

A. There shall be, in addition to such others as may be established by law, the following permanent collegial bodies either affiliated with more than one agency or independent of an agency within the executive branch:

Adult Education and Literacy, Virginia Advisory Council for

Aging, Commonwealth Council on

Agricultural Council, Virginia

Apprenticeship Council

Blue Ridge Regional Education and Training Council

Child Day-Care Council

Citizens' Advisory Council on Furnishing and Interpreting the Executive Mansion

Coastal Land Management Advisory Council, Virginia

Commonwealth Competition Council

Commonwealth Council to Assess the Family in the Lives of Women, Men and Children

Commonwealth's Attorneys' Services Council

Developmental Disabilities Planning Council, Virginia

Disability Services Council

Equal Employment Opportunity Council, Virginia

Housing for the Disabled, Interagency Coordinating Council on

Human Rights, Council on

Human Services Information and Referral Advisory Council

Indians, Council on

Interagency Coordinating Council, Virginia

Job Training Coordinating Council, Governor's

Land Evaluation Advisory Council

Maternal and Child Health Council

Military Advisory Council, Virginia

Needs of Handicapped Disabled Persons, Overall Advisory Council on the

Prevention, Virginia Council on Coordinating

Public Records Advisory Council, State

Rate-setting for Children's Facilities, Interdepartmental Council on

Revenue Estimates, Advisory Council on

Specialized Transportation Council

State Health Benefits Advisory Council

Status of Women, Council on the

Substance Abuse Services Council

Technology Council, Virginia

Virginia Business-Education Partnership Program, Advisory Council on the

Virginia Recycling Markets Development Council.

Workforce Training Council, Statewide.

B. Notwithstanding the definition for "council" as provided in § 2.1-1.2, the following entities shall be referred to as councils:

Council on Information Management

Higher Education, State Council of

Independent Living Council, Statewide

Rehabilitation Advisory Council, Statewide

Rehabilitation Advisory Council for the Blind, Statewide.

Transplant Council, Virginia

§ 2.1-20.4. Bodies receiving compensation.

Notwithstanding any other provision of law, members of the commissions, boards, committees, councils and other similar bodies listed below, and members of any other board, committee, council, or similar body who are appointed at the state level, shall 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, Certified Interior Designers and Landscape Architects, 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 Council to Assess the Family in the Lives of Women, Men and Children

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

Licensed Professional Counselors, Marriage and Family Therapists and Substance Abuse Treatment Professionals, 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 of

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 Care, Advisory Board on

Safety and Health Codes Board

Seed Potato Board, State

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 Advanced Shipbuilding and Carrier Integration Center Board

Virginia Board for Asbestos Licensing and Lead

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.

§ 2.1-51.15. Agencies for which responsible.

The Secretary of Health and Human Resources shall be responsible to the Governor for the following agencies: Department of Health, Department for the Visually Handicapped, Department of Health Professions, Department for the Aging, Department of Mental Health, Mental Retardation and Substance Abuse Services, Department of Rehabilitative Services, Department of Social Services, Department for Rights of Virginians With Disabilities, Department of Medical Assistance Services, the Council on Indians, Governor's Employment and Training Department, Child Day-Care Council, Virginia Department for the Deaf and Hard-of-Hearing, and the Virginia Council on Coordinating Prevention, and the Commonwealth Council to Assess the Family in the Lives of Women, Men and Children. The Governor may, by executive order, assign any other state executive agency to the Secretary of Health and Human Resources, or reassign any agency listed above to another secretary.

§ 9-6.23. 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; 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; to members of the Council on Coordinating Prevention, who shall be appointed as provided for in § 9-268; or to members of the Substance Abuse Services Council, who shall be appointed as provided for in § 37.1-207; or to members of the Commonwealth Council to Assess the Family in the Lives of Women, Men, and Children, who shall be appointed as provided for in § 9-380.

§ 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 on Child Abuse and Neglect

Advisory Board on Medicare and Medicaid

Advisory Board on of Occupational Therapy

Advisory Board on Physical Therapy to the Board of Medicine

Advisory Board on Rehabilitation Providers

Advisory Board on Respiratory Therapy Care 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, Virginia

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

Charity Food Assistance Advisory 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

Commonwealth Council on Aging

Commonwealth Council to Assess the Family in the Lives of Women, Men and Children

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 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 Security Services Advisory Board

Psychiatric Advisory Board

Public Guardian and Conservator 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 for the Virginia Employment Commission

State Advisory Board on Air Pollution

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

Statewide Workforce Training Council

Staunton Scenic River Advisory Committee

Substance Abuse Services Council

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.

CHAPTER 50.
COMMONWEALTH COUNCIL TO ASSESS THE FAMILY IN THE LIVES OF WOMEN, MEN AND CHILDREN.

§ 9-379. Council created; purpose.

There is hereby created the Commonwealth Council to Assess the Family in the Lives of Women, Men and Children, hereinafter referred to as the Council. The Council is created to serve as an advisory body for the Governor, General Assembly, and the Commonwealth to study, monitor and advise on the strength and well-being of the family. The purpose of the Council is to examine the benefits of family and ways in which it is appropriate for government or the private sector to support rather than supplant responsibilities of the family.

§ 9-380. Chairman; membership; terms.

The Council shall be chaired by the Secretary of Health and Human Resources. The State Health Commissioner, the Commissioner of Social Services, the Commissioner of Rehabilitative Services, the Director of the Department of Medical Assistance Services, the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services, the Superintendent of Public Instruction, the Director of the Department of Housing and Community Development, the Commissioner of the Department for the Aging, the Commissioner of the Virginia Employment Commission, and the Director of the Department of Juvenile Justice shall be members of the Council by virtue of their positions. A representative from the Office of the Attorney General shall also serve as an ex officio member.

There shall be one member from the House of Delegates to be appointed by the Speaker of the House and one member from the Senate to be appointed by the Senate Committee on Privileges and Elections. Legislative members shall be appointed to four-year terms and shall not be eligible to serve more than two successive four-year terms. Whenever any legislative member fails to retain his membership in the house from which he was appointed, he shall relinquish his membership on the Council and the appointing authority who appointed such member shall make an appointment from his respective house to complete the term.

Seven citizen members with, to the extent practicable, expertise in child and family development and who are community and business leaders, educators, parents, and members of the faith community shall be appointed by the Governor. The seven initial citizen appointments made by the Governor shall be for terms as follows: three members for two years and four members for three years. Thereafter, all citizen member appointments shall be for terms of two years each, except that appointments to fill vacancies shall be made for unexpired terms. Citizen members shall not serve more than two consecutive two-year terms.

§ 9-381. Meetings; compensation.

The Council shall meet at least four times per year every fiscal year. Members of the Council shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties on behalf of the Council.

§ 9-382. Powers and duties of the Council.

A. The Council shall have the following powers and duties:

1. Develop and update a Family Strength Plan, as defined in § 9-383, biennially and submit such Plan to the Governor for use in the development of the Governor’s biennial budget submission to the General Assembly.

2. Assess local, state and federal programs for their contributions to strengthening families and advise the Governor on potential program and policy initiatives.

3. Examine the challenges confronting parents in maintaining stable families.

4. Review and disseminate information on issues pertinent to family life and maintain and disseminate a listing of programs supportive of families.

5. Study the benefits of marriage in the lives of women and men.

6. Recommend methods by which the Commonwealth may collect data on the effectiveness of programs that promote stable families.

7. Recommend to the Governor policies, legislation, and funding that will promote family stability.

8. Recognize outstanding government and private sector programs, efforts and initiatives that promote family stability.

B. In order to provide for the planning and coordination of state services to children and to enhance the role of the family in child development, the Council shall have the following additional powers and duties:

1. Assess the role of the family in the life of children.

2. Study the resiliency of youth in avoiding destructive behaviors.

3. Promote prevention programs that incorporate principles of resiliency by disseminating information to professionals who work with children.

4. Provide technical assistance and training in support of efforts to initiate or improve programs and services for children.

5. Assist in the planning of children’s services and facilitate the exchange of information and ideas on children’s issues.

6. Apply for, accept and expend gifts, grants or donations from public or private sources in order to carry out its objectives.

§ 9-383. Family Strength Plan.

The Family Strength Plan shall identify challenges to maintaining stable families and report on federal, state, and local programs and their contributions in strengthening families. The Family Strength Plan shall provide advice on strategies appropriate for the private and public sector to strengthen the family, as well as ways whereby marriage can be promoted. The Family Strength Plan shall be developed pursuant to § 2.1-7.2. It shall also present effective strategies for better coordination of state and local programs.

§ 9-384. Executive director; staff.

The Secretary of Health and Human Resources shall appoint an executive director for the Council who shall be authorized to employ such staff as necessary to enable the Council to perform its duties as set forth in this chapter. The Secretary is authorized to determine the duties of such staff and to fix salaries and compensation from such funds as may be appropriated or received therefor.

§ 9-385. State agency cooperation and responsibilities.

The Council may request and shall receive from every department, division, board, bureau, commission, authority or other agency created by this Commonwealth, or to which the Commonwealth is party, or from any political subdivision of the Commonwealth, cooperation and assistance in the performance of its duties. Each agency shall have the duty to:

1. Participate in the development of the Family Strength Plan.

2. Develop and implement, to the extent authorized by law, programs that support the Family Strength Plan.

3. Facilitate the involvement of local service providers in interagency, broad-based community development and implementation of local programs consistent with the Family Strength Plan.

4. Require that the strategic planning process, for all agency programs that relate to priority issues identified by the Council, include an analysis of its prevention component or potential and likely impact on budgetary requests.

5. Support the development of a state family strength database that includes protective factors.

6. Provide training and technical assistance to localities for planning to strengthen the family.

7. Develop and implement a set of essential elements of community-based family strength plans to be used by state agencies that provide grant funding for children and family programs.