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1999 SESSION
991243717Be 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.
§ 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.