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- Subject Index: Since 1995
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2003 SESSION
0380105481. That §§ 2.2-2424, 2.2-2438, 2.2-2503, 2.2-2506, 2.2-2628, 2.2-2666.1, 2.2-2705, 2.2-5601, 3.1-1108, 10.1-1018, 18.2-271.2, 20-108.2, 22.1-337, 22.1-354.1, 30-156, 30-173, 30-182, 51.5-39.2, 56-579, 56-581.1, 56-585, 56-592, 56-592.1, 56-596, 58.1-202.2, 62.1-69.26, 62.1-69.34, 62.1-69.35, 62.1-69.38 and 62.1-69.43 of the Code of Virginia are amended and reenacted, and that the Code of Virginia is amended by adding in Title 30 a chapter numbered 31, consisting of sections numbered 30-201 through 30-209, by adding in Title 30 a chapter numbered 32, consisting of sections numbered 30-210 through 30-217, by adding sections numbered 62.1-69.26:1, 62.1-69.31:1, 62.1-69.31:2 and 62.1-69.31:3, and by adding in Chapter 5.4 of Title 62.1 sections numbered 62.1-69.35:1 and 62.1-69.35:2 as follows:
§ 2.2-2424. Virginia-Israel Advisory Board; purpose; membership; terms; compensation; staff.
A. The Virginia-Israel Advisory Board (the "Board") is established as an advisory board, within the meaning of § 2.2-2100, in the executive branch of state government. The purpose of the Board shall be to advise the Governor on ways to improve economic and cultural links between the Commonwealth and the State of Israel, with a focus on the areas of commerce and trade, art and education, and general government.
B. The Board shall consist of thirty-one 31 members to be appointed that
include 29 citizen members and 2 ex officio members as follows: six 6 citizen
members appointed by the Speaker of the House of Delegates, who may be members of
the House of Delegates or other state or local elected officials; six 6
citizen members appointed by the Senate Committee on Privileges and Elections, who may be members of
the Senate or other state or local elected officials; and thirteen 13 members
appointed by the Governor who represent business, industry, education, the arts, and
government; and the president, or his designee, of each of the four 4
Jewish Community Federations serving the Richmond, Northern Virginia,
Tidewater and Peninsula regions. ; and the Secretaries Secretary of Commerce
and Trade, and the Secretary of Education, or their designees, who shall serve
as ex officio voting members of the Board.
C. Nonlegislative citizen members shall serve for terms of four 4 years.
Legislative members and the Secretaries of Commerce and Trade,
and Education, or their designees, shall serve terms coincident with their terms of
office. Vacancies occurring other than by expiration of term shall be filled for the
unexpired term. Vacancies shall be filled in the same manner as the original
appointments. Any member may be reappointed for successive terms.
D. The members of the Board shall elect a chairman and vice-chairman annually from among its membership. The Board shall meet at such times as it deems appropriate or on call of the chairman. A majority of the members of the Board shall constitute a quorum.
E. Members shall receive no compensation for their services. However, all members shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of the expenses of the members shall be provide by the Office of the Governor.
F. The Office of the Governor shall serve as staff to the Board.
G. The chairman of the Board shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Board no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§ 2.2-2438. Virginia Veterans Cemetery Board; purpose; membership; terms; compensation; staff.
A. The Virginia Veterans Cemetery Board (the Board) is created and shall be an advisory board, within the meaning of § 2.2-2100, in the executive branch of state government. The purpose of the Board shall be to advise and make recommendations to the Department of Veterans' Affairs (the Department) regarding the control and operation of such veterans' cemeteries as may be established in the Commonwealth pursuant to § 2.2-1902.
B. The Board shall consist of ten 12 members that include 6 legislative members
and 6 nonlegislative citizen members as follows: three 4 members from the House
of Delegates, to be appointed by the Speaker of the House, in accordance with
the principles of proportional representation contained in the Rules of the
House of Delegates; two 2 members from the Senate, to be appointed by the
Senate Committee on Privileges and Elections; and five 6 members from the
Commonwealth at large, each of whom shall be a member in good standing of a veteran service organization
recognized by the U.S. Department of Veterans Affairs, to be appointed by the Governor.
C. All appointments Appointees to the Board, except legislative members, shall
be for serve staggered terms of four 4 years. Vacancies occurring other than by
expiration of term shall be filled for the unexpired term. Such terms shall be
staggered so that no more than 2 full terms shall be made in the same year.
Legislative members shall serve terms coincident with the terms of office.
Vacancies occurring other than by expiration of a term shall be filled for
the unexpired term. Vacancies shall be filled in the manner of the original
appointments. Any member may be reappointed for successive terms.
D. The members of the Board shall elect a chairman and a vice-chairman vice
chairman annually from among its membership. The Board shall meet at such times
as it deems appropriate or on call of the chairman. A majority of the members of the Board shall
constitute a quorum.
E. Legislative members of the Board shall receive such compensation as is set
forth in § 30-19.12, and all nonlegislative citizen members shall receive such
compensation for the performance of their duties as provided in § 2.2-2813.
All members shall be reimbursed for the reasonable and necessary expenses
incurred in the discharge performance of their duties as provided in §§
2.2-2813 and 2.2-2825. Funding for the costs of compensation and expenses of
the members shall be provided by the Department of Veteran Affairs.
F. The Department shall serve as staff to the Board.
G. The chairman of the Board shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Board no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§ 2.2-2503. Special Advisory Commission on Mandated Health Insurance Benefits; membership; terms; meetings; compensation; staff.
A. The Special Advisory Commission on Mandated Health Insurance Benefits (the "Commission") is established as an advisory commission within the meaning of § 2.2-2100, in the executive branch of state government. The purpose of the Commission shall be to advise the Governor and the General Assembly on the social and financial impact of current and proposed mandated benefits and providers, in the manner set forth in this article.
B. The Commission shall consist of sixteen 18 members to be appointed that
include 6 legislative members, 10 nonlegislative citizen members, and 2 ex
officio members as follows: ten 1 member of the Senate Committee on Education
and Health and 1 member of the Senate Committee on Commerce and Labor appointed
by the Senate Committee on Privileges and Elections; 2 members of the House
Committee on Health, Welfare and Institutions and 2 members of the House
Committee on Commerce and Labor appointed by the Speaker of the House of
Delegates in accordance with the principles of proportional representation contained in
the Rules of the House of Delegates; 10 nonlegislative citizen members shall be
appointed by the Governor including one that include 1 physician, one 1 chief
executive officer of a general acute care hospital, one 1 allied health
professional, one 1 representative of small business, one 1 representative of a
major industry, one 1 expert in the field of medical ethics, two 2
representatives of the accident and health insurance industry, and two 2
nonlegislative citizen members; and the State Commissioner of Health
and the State Commissioner of Insurance, or their designees, who shall serve as
ex officio nonvoting members. The Senate Committee on Privileges and Elections
shall appoint 1 member from the Senate Committee on Education and Health and 1 member from
the Senate Committee on Commerce and Labor, and the Speaker of the House of
Delegates shall appoint 2 members from the House Committee on Health, Welfare
and Institutions and 2 members from the House Committee on Commerce and Labor
in accordance with the principles of proportional representation contained in
the Rules of the House of Delegates. The State Commissioner of Health and the
State Commissioner of Insurance shall serve as ex officio, nonvoting members.
C. All nonlegislative citizen members shall be appointed for terms of four 4
years each, except that appointments to fill vacancies shall be made for
the unexpired terms. No person shall be eligible to serve for or during more
than two successive four-year terms; but after the expiration of a term of two years or
less, or after the expiration of the remainder of a term to which appointed to
fill a vacancy, two additional four-year terms may be served by such a member
if so appointed. Legislative and ex officio members shall serve terms
coincident with their terms of office. All members may be reappointed.
However, no House member shall serve more than 4 consecutive 2-year terms, no Senate member shall serve more
than 2 consecutive 4-year terms, and no nonlegislative citizen member shall
serve more than 2 consecutive 4-year terms. Vacancies occurring other than by
expiration of a term shall be filled for the unexpired term. Vacancies shall be
filled in the manner of the original appointments. The remainder of any term to
which a member is appointed to fill a vacancy shall not constitute a term in determining the member's
eligibility for reappointment.
D. The Commission shall meet regularly and at the request of the chairman,
majority of the voting members or the Governor. The Commission shall select a
chairman and a vice chairman, as determined by the membership. A majority of the members of the Commission
shall constitute a quorum.
E. Members of the Commission shall receive reimbursement no compensation for
their services, but shall be reimbursed for all reasonable and necessary
expenses incurred in the discharge performance of their duties as provided in
§§ 2.2-2813 and 2.2-2825. Funding for the costs of
expenses of the members shall be provided by the State Corporation Commission.
F. The Bureau of Insurance, the State Health Department, and such other state agencies as may be considered appropriate by the Commission shall provide staff assistance to the Commission.
G. The chairman of the Commission shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Commission no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§ 2.2-2506. Virginia Advisory Commission on Intergovernmental Relations; membership; terms; compensation; reports to Governor and General Assembly.
A. The Virginia Advisory Commission on Intergovernmental Relations (the "Commission") is established as an advisory commission within the meaning of § 2.2-2100, in the executive branch of state government.
B. The Commission shall consist of twenty 22 members that include 8 legislative
members, 3 members of the executive branch, and 11 nonlegislative citizen
members to be appointed as follows: three 5 members shall to be appointed from
the House of Delegates by the Speaker of the House of Delegates in accordance
with the principles of proportional representation contained in the Rules of the
House of Delegates; three 3 members shall to be appointed by the Senate
Privileges and Elections Committee; and three 3 members from the executive
branch of state government; four , 4 elected local government officials upon
the recommendation of the Virginia Association of Counties and four , 4 elected
municipal officers upon the recommendation of the Virginia Municipal League;
one ,1 representative of a planning district commission upon the
recommendation of the Virginia Association of Planning Commissions; , and two 2
citizen members who have no current government affiliation, all 11 of whom
shall be appointed by the Governor.
C. Members from the executive branch shall serve at the pleasure of the
Governor. All other nonlegislative members, except the 3 members from the
executive branch, shall serve for a four 4-year term. No member shall serve
more than eight consecutive years terms. Legislative members shall serve terms
coincident with their terms of office. Members from the executive branch shall
serve at the pleasure of the Governor. and shall serve no more than 8 consecutive
years. All members may be reappointed. However, no Senate member shall
serve more than 2 consecutive 4-year terms, no House member shall serve more than 4 consecutive 2-year
terms and no nonlegislative member appointed to a term shall serve more than 2
consecutive 4-year terms. Members from the executive branch shall serve no more
than 8 years consecutive years. The remainder of any term to which a member is
appointed to fill a vacancy shall not constitute a term in determining the member's
eligibility for reappointment. Vacancies shall be filled by the appointing
authority to fill the unexpired term. Vacancies shall be filled in the manner
of the original appointments.
D. A chairman and vice chairman shall be elected annually from the membership.
The Commission shall meet at least four 4 times a year. A majority of members
of the Commission shall constitute a quorum.
E. The members of the Commission shall be paid their necessary expenses
incident to their work on the Commission as provided in § 2.2-2823. Legislative
members of the Commission shall receive such compensation as is set forth in §
30-19.12, and nonlegislative members shall receive such compensation for the
performance of their duties as provided in § 2.2-2813. All members shall be
reimbursed for the reasonable and necessary expenses incurred in the performance of
their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of
compensation and expenses shall be provided by the Commission on Local
Government.
F. The Commission shall report its findings as it deems proper and shall submit a biennial report to the Governor and the General Assembly on or before October 1 of each even-numbered year as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports. The biennial report shall be distributed in accordance with the provisions of § 2.2-1127.
G. The chairman of the Commission shall submit to the Governor and the General Assembly a biennial executive summary of the interim activity and work of the Commission no later than the first day of each even-numbered session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§ 2.2-2628. Council on Indians; membership; terms; chairman; chairman's executive summary.
A. The Council on Indians (the "Council") is established as an advisory
council, within the meaning of § 2.2-2100, in the executive branch of state
government. The Council shall be composed of thirteen 16 members to be
appointed that include 4 legislative members, 11 nonlegislative citizen
members, and 1 ex officio member as follows: (i) the eight 8
Virginia tribes officially recognized by the Commonwealth shall be entitled
but not required to be represented by one 1 member from each tribe, (ii)
two 2 members at-largeat large from the Indian population residing in
Virginia, and (iii) one 1 member from the Commonwealth at large, all of whom
shall be appointed by the Governor; and (iv) one member 3 members from the
House of Delegates appointed by the Speaker of the House of Delegates in
accordance with the principles of proportional representation contained in the
Rules of the House of Delegates, and (v) one 1 member from the Senate of
Virginia appointed by the Senate Committee on Privileges and Elections. If a
recognized tribe elects not to be represented, then that seat on the Council
shall be filled by appointment of an additional member from the at-large Indian
population of Virginia. The Secretary of Health and Human Resources, or his
designee, shall be an ex officio voting member of the Council.
B. After the original appointments, all nonlegislative citizen appointments
shall be for terms of three 3 years except appointments to fill vacancies,
which shall be for the unexpired terms. Legislative members shall serve terms
coincident with their terms of office. All members may be reappointed. However,
no nonlegislative citizen member shall be eligible to serve more than two 2
successive 3-year terms in succession, no member of the Senate shall
be eligible to serve more that 2 successive 4-year terms, and no member of the
House of Delegates shall be eligible to serve more than 4 successive
2-year terms, provided that no appointments to terms commencing prior to July
1, 1988, shall not be considered in determining such limit, nor shall appointments
to fill vacancies for an unexpired term shall be included in determining
the term limit.
C. The Governor shall appoint one 1 of the members appointed pursuant to clause
(i) or (ii) of subsection A as chairman, who shall serve in such position at
the pleasure of the Governor. The meetings of the Council shall be held at the
call of the chairman or whenever the majority of the voting members so request. A
majority of the members shall constitute a quorum.
D. Members of the Council shall receive no compensation for their services, but
shall be reimbursed for all reasonable and necessary expenses incurred in the
discharge performance of their duties as provided in §§ 2.2-2813 and
2.2-2825. Funding for the costs of expenses of the members shall be
provided by the Office of the Governor.
E. The chairman of the Council shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Council no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§ 2.2-2666.1. Council created; composition; compensation and expenses; meetings; chairman's executive summary.
A. The Virginia Military Advisory Council (the "Council") is hereby created as an advisory council, within the meaning of § 2.2-2100, in the executive branch of state government, to maintain a cooperative and constructive relationship between the Commonwealth and the leadership of the several Armed Forces of the United States and the military commanders of such Armed Forces stationed in the Commonwealth, and to encourage regular communication on continued military facility viability, the exploration of privatization opportunities and issues affecting preparedness, public safety and security.
B. The Council shall be composed of not more than twenty-five 25 members and
shall include the Lieutenant Governor, the Attorney General, the Adjutant General, the Chairman of the House
Committee on Militia, Police and Public Safety and the Chairman of the Senate Committee on General Laws, or
their designees; four 4 members, one 1 of whom shall be a representative of the
Virginia Defense Force, to be appointed by and serve at the pleasure of the
Governor; and not more than sixteen 16 members, including representatives
of major military commands and installations located in the Commonwealth or in jurisdictions
adjacent thereto, who shall be appointed by the Governor from persons nominated by the
Secretaries of the Armed Forces of the United States and who shall serve at the
pleasure of the Governor. The provisions of § 49-1 shall not apply to federal
civilian officials and military personnel appointed to the Council.
C. Legislative members of the Council shall receive such compensation as is set forth in § 30-19.12, and nonlegislative members shall receive such compensation for the performance of their duties as provided in § 2.2-2813. All members shall be reimbursed for the reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of compensation and expenses of the members shall be provided by the Department of Military Affairs.
D. The Council shall elect a chairman and vice chairman from among its membership. The meetings of the Council shall be held at the call of the chairman or whenever the majority of members so request. A majority of the members shall constitute a quorum.
E. The chairman of the Council shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Council no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§ 2.2-2705. Virginia War Memorial Foundation; purpose; membership; terms; compensation and expenses; staff; chairman executive summary.
A. The Virginia War Memorial Foundation (the Foundation) is established to serve as a policy foundation, within the meaning of § 2.2-2100, in the executive branch of state government. The Foundation shall be governed and administered by a board of trustees for the purpose of honoring patriotic Virginians who rendered faithful service and sacrifice in the cause of freedom and liberty for the Commonwealth and the nation in time of war.
B. The Foundation board of trustees shall consist of the Secretary of
Administration, who shall serve ex officio, and seventeen other persons as
follows: four 19 members that include 8 legislative members, 10 nonlegislative
citizen members, and 1 ex officio member as follows: 5 members of the House of
Delegates to be appointed by the Speaker of the House in accordance with the
principles of proportional representation contained in the Rules of House of
Delegates; three 3 members of the Senate to be appointed by the Senate
Committee on Privileges and Elections of the Senate; and ten other
persons 10 nonlegislative citizen members appointed by the Governor, subject to
confirmation by the General Assembly; and the Secretary of Administration who
shall serve ex officio with voting privileges. A majority of the trustees shall
be members or veterans of the armed forces of the United States or the Virginia
National Guard. Members appointed should include representatives of some or all
of the various veterans organizations active in Virginia, as the Governor deems
appropriate.
C. Except for initial appointments, all nonlegislative citizen member
appointments shall be for a term terms of three 3 years. Appointments to
fill vacancies shall be made for the unexpired term. Legislative members and
the Secretary of Administration shall serve terms coincident with their terms
of office. All members may be reappointed. However, no person nonlegislative
citizen member shall be eligible to serve for more than three 3
successive full three 3-year terms. However, any person appointed to an
initial term of less than three years or to a vacancy shall be eligible to
serve three additional successive full three-year terms thereafter. No Senate
member shall be eligible to serve more than 2 successive 4-year terms and no
member of the House of Delegates shall be eligible to serve more than 4 successive
2-year terms. The remainder of any term to which a member is appointed to
fill a vacancy shall not constitute a term in determining the member's eligibility
for reappointment. Appointments to fill vacancies shall be made for the
unexpired term. Vacancies shall be filled in the same manner as the original
appointments. Trustees may be removed appointed by the Governor shall serve at
his pleasure.
D. Trustees shall be reimbursed for their actual expenses incurred while
attending meetings of the trustees or performing other duties. However, such reimbursement
shall not exceed the per diem rate established for members of the General
Assembly pursuant to § 30-19.12. Legislative members of the Foundation shall
receive such compensation as is set forth in § 30-19.12, and nonlegislative
members shall receive such compensation for the performance of their duties as
provided in § 2.2-2813. All members shall be reimbursed for the reasonable and
necessary expenses incurred in the performance of their duties as provided in
§§ 2.2-2813 and 2.2-2825. Funding for the costs of compensation of
legislative members shall be provided by the Office of the Clerk of the member.
Funding for the costs of expenses of all members shall be provided by the
Foundation.
E. The Secretary of Administration shall designate a state agency to provide the Foundation with administrative and other services.
F. The trustees shall adopt bylaws governing their organization and procedures
and may amend the same. The trustees shall elect from their number a chairman
and such other officers as their bylaws may provide. They shall also appoint an
executive committee, composed of not less than five 5 trustees, which committee
shall exercise the powers and duties imposed on the Foundation by this section to the extent
permitted by the trustees in their bylaws. Meetings of the board of trustees
shall be held at the call of the chairman or whenever a majority of the members so
request. A majority of members shall constitute a quorum.
G. The chairman of the board of trustees shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the board no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§ 2.2-5601. Appointment and term of members of Southern States Energy Board; compensation and expenses.
The Governor, the Senate Committee on Privileges and Elections, and the Speaker
of the House of Delegates shall each appoint one 1 member of the Southern
States Energy Board as established by Article II of the compact, to serve at
the pleasure of their appointive authority for a term of four years.
Legislative members shall serve terms coincident with their terms of office.
The gubernatorial appointee shall serve at the pleasure of the Governor. If any
member appointed is the head of a department or agency of the Commonwealth, he may designate a subordinate officer or employee of
his department or agency to serve in his stead as permitted by Article II A. of
the compact and in conformity with any applicable bylaws of the Board.
Legislative members of the Board shall receive such compensation as is set forth in § 30-19.12 and shall be reimbursed for the reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. The costs of expenses of the legislative members shall be paid from appropriations to the Virginia Commission on Intergovernmental Cooperation for the attendance of conferences.
§ 3.1-1108. Membership; terms; vacancies; compensation and expenses; chairman; chairman's executive summary.
A. The Commission shall be composed of thirty-one 31 members as follows:
1. Six members shall be of the House of Delegates appointed by the Speaker of
the House of Delegates from the membership thereof in accordance with the
principles of Rule 16 of proportional representation contained in the Rules of
the House of Delegates adopted at the 1998 Regular Session of the General
Assembly;
2. Four members shall be of the Senate appointed by the Committee on Privileges
and Elections Committee of the Senate from the membership of the Senate;
3. The Secretary of Commerce and Trade or his designee;
4. The Secretary of Finance or his designee;
5. The Commissioner of Agriculture and Consumer Affairs or his designee;
6. Three nonlegislative citizen members who shall be active flue-cured tobacco
producers appointed by the Governor. Of the active flue-cured tobacco producers,
two 2 shall be appointed by the Governor from a list of six 6 persons
provided by the members of the General Assembly appointed to the Commission;
7. Three nonlegislative citizen members who shall be active burley tobacco
producers appointed by the Governor. Of the active burley tobacco producers,
one 1 member shall be appointed by the Governor from a list of three 3
persons provided by the members of the General Assembly appointed to the Commission;
8. One nonlegislative citizen member who shall be a representative of the
Virginia Farm Bureau Federation appointed by the Governor from a list of at least
three 3 persons provided by Virginia Farm Bureau Federation; and
9. Eleven members shall be nonlegislative citizen citizens appointed by the
Governor. Of the eleven 11 nonlegislative citizen members, three 3 shall be
appointed by the Governor from a list of nine 9 provided by the members of the
General Assembly appointed to the Commission.
With the exception of the Secretary of Commerce and Trade or his designee, the Secretary of Finance or his designee and the Commissioner of Agriculture and Consumer Affairs or his designee, all members of the Commission shall reside in the Southside and Southwest regions of the Commonwealth and shall be subject to confirmation by the General Assembly. To the extent feasible, appointments representing the Southside and Southwest regions shall be proportional to the tobacco quota production of each region.
Except as otherwise provided herein, all appointments shall be for terms of
four 4 years each. Vacancies shall be filled for the unexpired terms.
Legislative members, the Secretary of Commerce and Trade, the Secretary of
Finance, and the Commissioner of Agriculture and Consumer Affairs shall serve
terms coincident with their terms of office. No nonlegislative citizen member
shall be eligible to serve more than two 2 successive four 4-year terms;
however, after expiration of a term of three years or less, or after the expiration of the remainder of a term to which he was appointed to fill a
vacancy, two additional terms may be served by such member if appointed thereto.
Whenever any legislative member fails to retain his membership in the
house from which he was appointed, he shall relinquish his membership on the
Commission and the appointing authority who appointed such member shall make an
appointment from his respective house to complete the term. No Senate member
shall be eligible to serve more than 2 consecutive 4-year terms and no House
member shall be eligible to serve more than 4 consecutive 2-year terms.
Vacancies shall be filled for the unexpired terms. Any appointment
to fill a vacancy shall be made in the same manner as the original appointment.
The remainder of any term to which a member is appointed to fill a vacancy
shall not constitute a term in determining the member's eligibility for
reappointment.
The initial appointments of the active flue-cured tobacco producers, the active
burley tobacco producers, and the citizen members shall be as follows: one 1
active flue-cured tobacco producer, one 1 active burley tobacco producer
and four 4 nonlegislative citizen members shall be appointed for terms of two 2
years; one 1 active flue-cured tobacco producer, one 1 active burley tobacco
producer and four 4 nonlegislative citizen members shall be appointed for terms
of three 3 years; and one 1 active flue-cured tobacco producer, one 1 active
burley tobacco producer and three 3 nonlegislative citizen members shall be
appointed for terms of four 4 years. Thereafter all appointments shall be for
terms of four 4 years.
B. The Commission shall appoint from its membership a chairman and a
vice-chairman vice chairman, both of whom shall serve in such capacities
at the pleasure of the Commission. The chairman, or in his absence, the
vice-chairman vice chairman, shall preside at all meetings of the
Commission. The meetings of the Commission shall be held on the call of the
chairman or whenever the majority of the members so request. A majority of
members of the Commission serving at any one 1 time shall constitute a quorum
for the transaction of business.
C. Members of the Commission shall receive compensation for their services at
the rate provided in the appropriation act and reimbursement for actual expenses
incurred in the performance of their duties on behalf of the Commission
Legislative members of the Commission shall receive such
compensation as is set forth in § 30-19.12, and nonlegislative members shall
receive such compensation for the performance of their duties as provided in §
2.2-2813. All members shall be reimbursed for the reasonable and necessary
expenses incurred in the performance of their duties as provided in §§ 2.2-2813
and 2.2-2825. Such compensation and expenses shall be paid from the Fund.
D. Members and employees of the Commission shall be subject to the standards of conduct set forth in the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.) and may be removed from office for misfeasance, malfeasance, nonfeasance, neglect of duty, or misconduct in the manner set forth therein.
E. Except as otherwise provided in this chapter, members and employees of the Commission shall be subject to the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
F. The chairman of the Board shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Board no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§ 10.1-1018. Virginia Land Conservation Board of Trustees; membership; terms; vacancies; compensation and expenses.
A. The Foundation shall be governed and administered by a Board of Trustees.
The Board shall include one member from each congressional district, appointed
by the Governor, and six members appointed from the Commonwealth at large, four by
the Speaker of the House of Delegates and two by the Senate Committee on Privileges
and Elections consist of 18 members that include 17 citizen members and 1 ex
officio voting member. Members shall be appointed as follows: 4 citizen
members, who may be members of the House of Delegates, to be appointed by the
Speaker of the House of Delegates and, if members of the House of Delegates, in
accordance with the principles of proportional representation contained in the Rules
of the House of Delegates; 2 citizen members, who may be members of the
Senate, to be appointed by the Senate Committee on Privileges and Elections; 11
nonlegislative citizen members, 1 from each congressional district, to be
appointed by the Governor; and the Secretary of Natural Resources or his
designee to serve ex officio with voting privileges. Such Nonlegislative
citizen members shall be appointed for four4-year terms, except that initial
appointments shall be made for terms of one 1 to four 4 years in a manner
whereby no more than six 6 members shall have terms which that expire in the
same year. Such Legislative members and ex officio members shall serve terms
coincident with their terms of office. All members may be reappointed. However,
no nonlegislative citizen member shall serve more than 2 consecutive 4-year
terms, no Senate member shall serve more than 2 consecutive 4-year terms, and
no House member shall serve more than 4 consecutive 2-year terms. Appointments
to fill vacancies shall be for the unexpired terms. The remainder of any term
to which a member is appointed to fill a vacancy shall not constitute a term in
determining the member's eligibility for reappointment. Vacancies shall be
filled in the same manner as the original appointments. Nonlegislative citizen
members shall have experience or expertise, professional or personal, in
one or more of the following areas: natural resource protection and
conservation, construction and real estate development, natural habitat
protection, environmental resource inventory and identification, forestry
management, farming, farmland preservation, fish and wildlife management,
historic preservation, and outdoor recreation. At least one 1 of the
nonlegislative citizen members shall be a farmer. No such member shall be
eligible to serve more than two consecutive four-year terms. Such members shall
post bond in the penalty of $5,000 with the State Comptroller prior to entering upon
the functions of office. Appointments to fill vacancies shall be made for the
unexpired term.
B. The Secretary of Natural Resources or his designee shall also serve on the
Board of Trustees. The term of the Secretary of Natural Resources or his designee
shall be coincident with that of the Governor. The Secretary of Natural
Resources shall serve as the chairman of the Board of Trustees. The chairman shall
serve until his successor is appointed. The members appointed as provided in
subsection A shall elect a vice-chairman vice chairman annually from among the
members of the Board. A majority of the members of the Board serving at any one time shall constitute a quorum
for the transaction of business. The board shall meet at the call of the
chairman or whenever a majority of the members so request.
C. Trustees of the Foundation shall receive no compensation for their services
but shall receive reimbursement for actual. All members shall be
reimbursed for reasonable and necessary expenses incurred in the performance of
their duties on behalf of the Foundation as provided in §§ 2.2-2813 and
2.2-2825. Funding for the costs of expenses of the members shall be provided by
the Department of Conservation and Recreation.
D. The chairman of the Board and any other person designated by the Board to handle the funds of the Foundation shall give bond, with corporate surety, in such penalty as is fixed by the Governor, conditioned upon the faithful discharge of his duties. The premium on the bonds shall be paid from funds available to the Foundation for such purpose.
E. The Board shall seek assistance in developing grant criteria and advice on grant priorities and any other appropriate issues from a task force consisting of the following agency heads or their designees: the Director of the Department of Conservation and Recreation, the Commissioner of Agriculture and Consumer Services, the State Forester, the Director of the Department of Historic Resources, the Director of the Department of Game and Inland Fisheries and the Executive Director of the Virginia Outdoors Foundation. The Board may request any other agency head to serve on or appoint a designee to serve on the task force.
F. The chairman shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the board no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§ 18.2-271.2. Commission on VASAP.
A. There is hereby established a in the legislative branch of state government
the Commission on the Virginia Alcohol Safety Action Program (VASAP)
which. The Commission shall administer and supervise the state system of local
alcohol and safety action programs, develop and maintain operation and
performance standards for local alcohol and safety action programs, and
allocate funding to such programs. The Commission shall be composed
consist of three 15 members that includes 6 legislative members and
9 nonlegislative citizen members. Members shall be appointed as
follows: 4 current or former members from of the House Committee for Courts of
Justice, to be appointed by the Speaker of the House of Delegates and two in
accordance with the principles of proportional representation contained in
the Rules of the House of Delegates; 2 members from of the Senate
Committee for Courts of Justice, to be appointed by the Senate Privileges and
Elections Committee; three 3 sitting or retired judges, one 1 each from
the circuit, general district and juvenile and domestic relations district
courts, who regularly hear or heard cases involving driving under the influence
and are familiar with their local alcohol safety action programs, to be
appointed by the Chairman of the Committee on District Courts; two 2 directors
of local alcohol safety action programs, to be appointed by the legislative members of the
Commission; one 1 representative from the law-enforcement profession, to be
appointed by the Speaker of the House and one 1 nonlegislative citizen at
large, to be appointed by the Senate Committee on Privileges and Elections; one
1 representative from the Virginia Department of Motor Vehicles whose duties
are substantially related to matters to be addressed by the Commission to be appointed by the
Commissioner of the Department of Motor Vehicles, and one 1 representative from
the Department of Mental Health, Mental Retardation and Substance Abuse Services whose duties also
substantially involve such matters, to be appointed by the Commissioner of the
Department of Mental Health, Mental Retardation and Substance Abuse Services.
All Commission members, other than those members appointed from the House or
Senate Committee for Courts of Justice, Legislative members shall serve terms
coincident with their terms of office. In accordance with the staggered terms
previously established, nonlegislative citizen members shall serve two 2-year
terms. However, one-half of such members initially appointed to the Commission
shall serve one-year terms and the other one-half shall serve two-year terms.
Thereafter, all such appointments shall be for two years.
B. The Commission shall meet quarterly at least 4 times each year at such
places as it may from time to time designate. A majority of the members shall
constitute a quorum. The Commission shall elect a chairman and vice chairman
from among its membership.
The Commission shall be empowered to establish and assure the maintenance of
minimum standards and criteria for program operations and performance,
accounting, auditing, public information and administrative procedures for the
various local alcohol safety action programs and shall be responsible for
overseeing the administration of the statewide VASAP system. Such programs
shall be certified by the Commission in accordance with procedures set forth in
the Commission on VASAP Certification Manual. The Commission shall also
oversee program plans, operations and performance and a system for allocating
funds to cover deficits which that may occur in the budgets of local programs.
C. The Commission shall appoint and employ and, at its pleasure, remove an executive director and such other persons as it may deem necessary, and determine their duties and fix their salaries or compensation.
D. The Commission shall appoint a Virginia Alcohol Safety Action Program Advisory Board to make recommendations to the Commission regarding its duties and administrative functions. The membership of such Board shall be appointed in the discretion of the Commission and include personnel from (i) local safety action programs, (ii) state or local boards of mental health and mental retardation and (iii) other community mental health services organizations. An assistant attorney general who provides counsel in matters relating to driving under the influence shall also be appointed to the Board.
E. For the performance of their duties, Legislative members of the Commission
shall receive compensation as provided in § 30-19.12. Funding for the
costs of compensation of legislative members shall be provided by the
Commission. All members shall be reimbursed for their actual expenses out
of that portion of moneys paid in VASAP defendant entry fees which is forwarded to the Virginia Alcohol Safety
Action Program. In addition, per diem compensation shall be allowed for current
members of the General Assembly for each day spent in performing their duties.
F. The chairman of the Commission shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Commission no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§ 20-108.2. Guideline for determination of child support.
A. There shall be a rebuttable presumption in any judicial or administrative proceeding for child support under this title or Title 16.1 or 63.2, including cases involving split custody or shared custody, that the amount of the award which would result from the application of the guidelines set forth in this section is the correct amount of child support to be awarded. In order to rebut the presumption, the court shall make written findings in the order as set out in § 20-108.1, which findings may be incorporated by reference, that the application of the guidelines would be unjust or inappropriate in a particular case as determined by relevant evidence pertaining to the factors set out in §§ 20-107.2 and 20-108.1. The Department of Social Services shall set child support at the amount resulting from computations using the guidelines set out in this section pursuant to the authority granted to it in Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2 and subject to the provisions of § 63.2-1918.
B. For purposes of application of the guideline, a basic child support obligation shall be computed using the schedule set out below. For combined monthly gross income amounts falling between amounts shown in the schedule, basic child support obligation amounts shall be extrapolated. However, unless one of the following exemptions applies where the sole custody child support obligation as computed pursuant to subdivision G. 1. is less than $65 per month, there shall be a presumptive minimum child support obligation of $65 per month payable by the payor parent. Exemptions from this presumptive minimum monthly child support obligation shall include: parents unable to pay child support because they lack sufficient assets from which to pay child support and who, in addition, are institutionalized in a psychiatric facility; are imprisoned with no chance of parole; are medically verified to be totally and permanently disabled with no evidence of potential for paying child support, including recipients of Supplemental Security Income (SSI); or are otherwise involuntarily unable to produce income. "Number of children" means the number of children for whom the parents share joint legal responsibility and for whom support is being sought.
SCHEDULE OF MONTHLY BASIC CHILD SUPPORT OBLIGATIONS
COMBINED MONTHLY GROSS ONE TWO THREE FOUR FIVE SIX INCOME CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN 0-599 65 65 65 65 65 65 600 110 111 113 114 115 116 650 138 140 142 143 145 146 700 153 169 170 172 174 176 750 160 197 199 202 204 206 800 168 226 228 231 233 236 850 175 254 257 260 263 266 900 182 281 286 289 292 295 950 189 292 315 318 322 325 1000 196 304 344 348 351 355 1050 203 315 373 377 381 385 1100 210 326 402 406 410 415 1150 217 337 422 435 440 445 1200 225 348 436 465 470 475 1250 232 360 451 497 502 507 1300 241 373 467 526 536 542 1350 249 386 483 545 570 576 1400 257 398 499 563 605 611 1450 265 411 515 581 633 645 1500 274 426 533 602 656 680 1550 282 436 547 617 672 714 1600 289 447 560 632 689 737 1650 295 458 573 647 705 754 1700 302 468 587 662 721 772 1750 309 479 600 676 738 789 1800 315 488 612 690 752 805 1850 321 497 623 702 766 819 1900 326 506 634 714 779 834 1950 332 514 645 727 793 848 2000 338 523 655 739 806 862 2050 343 532 666 751 819 877 2100 349 540 677 763 833 891 2150 355 549 688 776 846 905 2200 360 558 699 788 860 920 2250 366 567 710 800 873 934 2300 371 575 721 812 886 948 2350 377 584 732 825 900 963 2400 383 593 743 837 913 977 2450 388 601 754 849 927 991 2500 394 610 765 862 940 1006 2550 399 619 776 874 954 1020 2600 405 627 787 886 967 1034 2650 410 635 797 897 979 1048 2700 415 643 806 908 991 1060 2750 420 651 816 919 1003 1073 2800 425 658 826 930 1015 1085 2850 430 667 836 941 1027 1098 2900 435 675 846 953 1039 1112 2950 440 683 856 964 1052 1125 3000 445 691 866 975 1064 1138 3050 450 699 876 987 1076 1152 3100 456 707 886 998 1089 1165 3150 461 715 896 1010 1101 1178 3200 466 723 906 1021 1114 1191 3250 471 732 917 1032 1126 1205 3300 476 740 927 1044 1139 1218 3350 481 748 937 1055 1151 1231 3400 486 756 947 1067 1164 1245 3450 492 764 957 1078 1176 1258 3500 497 772 967 1089 1189 1271 3550 502 780 977 1101 1201 1285 3600 507 788 987 1112 1213 1298 3650 512 797 997 1124 1226 1311 3700 518 806 1009 1137 1240 1326 3750 524 815 1020 1150 1254 1342 3800 530 824 1032 1163 1268 1357 3850 536 834 1043 1176 1283 1372 3900 542 843 1055 1189 1297 1387 3950 547 852 1066 1202 1311 1402 4000 553 861 1078 1214 1325 1417 4050 559 871 1089 1227 1339 1432 4100 565 880 1101 1240 1353 1448 4150 571 889 1112 1253 1367 1463 4200 577 898 1124 1266 1382 1478 4250 583 907 1135 1279 1396 1493 4300 589 917 1147 1292 1410 1508 4350 594 926 1158 1305 1424 1523 4400 600 935 1170 1318 1438 1538 4450 606 944 1181 1331 1452 1553 4500 612 954 1193 1344 1467 1569 4550 618 963 1204 1357 1481 1584 4600 624 972 1216 1370 1495 1599 4650 630 981 1227 1383 1509 1614 4700 635 989 1237 1395 1522 1627 4750 641 997 1247 1406 1534 1641 4800 646 1005 1257 1417 1546 1654 4850 651 1013 1267 1428 1558 1667 4900 656 1021 1277 1439 1570 1679 4950 661 1028 1286 1450 1582 1692 5000 666 1036 1295 1460 1593 1704 5050 671 1043 1305 1471 1605 1716 5100 675 1051 1314 1481 1616 1728 5150 680 1058 1323 1492 1628 1741 5200 685 1066 1333 1502 1640 1753 5250 690 1073 1342 1513 1651 1765 5300 695 1081 1351 1524 1663 1778 5350 700 1088 1361 1534 1674 1790 5400 705 1096 1370 1545 1686 1802 5450 710 1103 1379 1555 1697 1815 5500 714 1111 1389 1566 1709 1827 5550 719 1118 1398 1576 1720 1839 5600 724 1126 1407 1587 1732 1851 5650 729 1133 1417 1598 1743 1864 5700 734 1141 1426 1608 1755 1876 5750 739 1148 1435 1619 1766 1888 5800 744 1156 1445 1629 1778 1901 5850 749 1163 1454 1640 1790 1913 5900 753 1171 1463 1650 1801 1925 5950 758 1178 1473 1661 1813 1937 6000 763 1186 1482 1672 1824 1950 6050 768 1193 1491 1682 1836 1962 6100 773 1201 1501 1693 1847 1974 6150 778 1208 1510 1703 1859 1987 6200 783 1216 1519 1714 1870 1999 6250 788 1223 1529 1724 1882 2011 6300 792 1231 1538 1735 1893 2023 6350 797 1238 1547 1745 1905 2036 6400 802 1246 1557 1756 1916 2048 6450 807 1253 1566 1767 1928 2060 6500 812 1261 1575 1777 1940 2073 6550 816 1267 1583 1786 1949 2083 6600 820 1272 1590 1794 1957 2092 6650 823 1277 1597 1801 1965 2100 6700 827 1283 1604 1809 1974 2109 6750 830 1288 1610 1817 1982 2118 6800 834 1293 1617 1824 1990 2127 6850 837 1299 1624 1832 1999 2136 6900 841 1304 1631 1839 2007 2145 6950 845 1309 1637 1847 2016 2154 7000 848 1315 1644 1855 2024 2163 7050 852 1320 1651 1862 2032 2172 7100 855 1325 1658 1870 2041 2181 7150 859 1331 1665 1878 2049 2190 7200 862 1336 1671 1885 2057 2199 7250 866 1341 1678 1893 2066 2207 7300 870 1347 1685 1900 2074 2216 7350 873 1352 1692 1908 2082 2225 7400 877 1358 1698 1916 2091 2234 7450 880 1363 1705 1923 2099 2243 7500 884 1368 1712 1931 2108 2252 7550 887 1374 1719 1938 2116 2261 7600 891 1379 1725 1946 2124 2270 7650 895 1384 1732 1954 2133 2279 7700 898 1390 1739 1961 2141 2288 7750 902 1395 1746 1969 2149 2297 7800 905 1400 1753 1977 2158 2305 7850 908 1405 1758 1983 2164 2313 7900 910 1409 1764 1989 2171 2320 7950 913 1414 1770 1995 2178 2328 8000 916 1418 1776 2001 2185 2335 8050 918 1423 1781 2007 2192 2343 8100 921 1428 1787 2014 2198 2350 8150 924 1432 1793 2020 2205 2357 8200 927 1437 1799 2026 2212 2365 8250 929 1441 1804 2032 2219 2372 8300 932 1446 1810 2038 2226 2380 8350 935 1450 1816 2045 2232 2387 8400 937 1455 1822 2051 2239 2395 8450 940 1459 1827 2057 2246 2402 8500 943 1464 1833 2063 2253 2410 8550 945 1468 1839 2069 2260 2417 8600 948 1473 1845 2076 2266 2425 8650 951 1478 1850 2082 2273 2432 8700 954 1482 1856 2088 2280 2440 8750 956 1487 1862 2094 2287 2447 8800 959 1491 1868 2100 2294 2455 8850 962 1496 1873 2107 2300 2462 8900 964 1500 1879 2113 2307 2470 8950 967 1505 1885 2119 2314 2477 9000 970 1509 1891 2125 2321 2484 9050 973 1514 1896 2131 2328 2492 9100 975 1517 1901 2137 2334 2498 9150 977 1521 1905 2141 2339 2503 9200 979 1524 1909 2146 2344 2509 9250 982 1527 1914 2151 2349 2514 9300 984 1531 1918 2156 2354 2520 9350 986 1534 1922 2160 2359 2525 9400 988 1537 1926 2165 2365 2531 9450 990 1541 1930 2170 2370 2536 9500 993 1544 1935 2175 2375 2541 9550 995 1547 1939 2179 2380 2547 9600 997 1551 1943 2184 2385 2552 9650 999 1554 1947 2189 2390 2558 9700 1001 1557 1951 2194 2396 2563 9750 1003 1561 1956 2198 2401 2569 9800 1006 1564 1960 2203 2406 2574 9850 1008 1567 1964 2208 2411 2580 9900 1010 1571 1968 2213 2416 2585 9950 1012 1574 1972 2218 2421 2590 10000 1014 1577 1977 2222 2427 2596
For gross monthly income between $10,000 and $20,000, add the amount of child support for $10,000 to the following percentages of gross income above $10,000:
ONE TWO THREE FOUR FIVE SIX CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN 3.1% 5.1% 6.8% 7.8% 8.8% 9.5%
For gross monthly income between $20,000 and $50,000, add the amount of child support for $20,000 to the following percentages of gross income above $20,000:
ONE TWO THREE FOUR FIVE SIX CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN 2% 3.5% 5% 6% 6.9% 7.8%
For gross monthly income over $50,000, add the amount of child support for $50,000 to the following percentages of gross income above $50,000:
ONE TWO THREE FOUR FIVE SIX CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN 1% 2% 3% 4% 5% 6%
C. For purposes of this section, "gross income" means all income from all sources, and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits except as listed below, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans' benefits, spousal support, rental income, gifts, prizes or awards.
If a parent's gross income includes disability insurance benefits, it shall also include any amounts paid to or for the child who is the subject of the order and derived by the child from the parent's entitlement to disability insurance benefits. To the extent that such derivative benefits are included in a parent's gross income, that parent shall be entitled to a credit against his or her ongoing basic child support obligation for any such amounts, and, if the amount of the credit exceeds the parent's basic child support obligations, the credit may be used to reduce arrearages.
Gross income shall be subject to deduction of reasonable business expenses for persons with income from self-employment, a partnership, or a closely held business. "Gross income" shall not include benefits from public assistance and social services programs as defined in § 63.2-100, federal supplemental security income benefits, or child support received. For purposes of this subsection: (i) spousal support received shall be included in gross income and spousal support paid shall be deducted from gross income when paid pursuant to an order or written agreement and (ii) one-half of any self-employment tax paid shall be deducted from gross income.
Where there is an existing court or administrative order or written agreement relating to the child or children of a party to the proceeding, who are not the child or children who are the subject of the present proceeding, then there is a presumption that there shall be deducted from the gross income of the party subject to such order or written agreement, the amount that the party is actually paying for the support of a child or children pursuant to such order or agreement.
Where a party to the proceeding has a natural or adopted child or children in the party's household or primary physical custody, and the child or children are not the subject of the present proceeding, there is a presumption that there shall be deducted from the gross income of that party the amount as shown on the Schedule of Monthly Basic Child Support Obligations contained in subsection B that represents that party's support obligation based solely on that party's income as being the total income available for the natural or adopted child or children in the party's household or primary physical custody, who are not the subject of the present proceeding. Provided, however, that the existence of a party's financial responsibility for such a child or children shall not of itself constitute a material change in circumstances for modifying a previous order of child support in any modification proceeding. Any adjustment to gross income under this subsection shall not create or reduce a support obligation to an amount which seriously impairs the custodial parent's ability to maintain minimal adequate housing and provide other basic necessities for the child, as determined by the court.
In cases in which retroactive liability for support is being determined, the court or administrative agency may use the gross monthly income of the parties averaged over the period of retroactivity.
D. Any extraordinary medical and dental expenses for treatment of the child or children shall be added to the basic child support obligation. For purposes of this section, extraordinary medical and dental expenses are uninsured expenses in excess of $100 for a single illness or condition and shall include but not be limited to eyeglasses, prescription medication, prostheses, and mental health services whether provided by a social worker, psychologist, psychiatrist, or counselor.
E. Any costs for health care coverage as defined in § 63.2-1900 and dental care coverage, when actually being paid by a parent, to the extent such costs are directly allocable to the child or children, and which are the extra costs of covering the child or children beyond whatever coverage the parent providing the coverage would otherwise have, shall be added to the basic child support obligation.
F. Any child-care costs incurred on behalf of the child or children due to employment of the custodial parent shall be added to the basic child support obligation. Child-care costs shall not exceed the amount required to provide quality care from a licensed source. When requested by the noncustodial parent, the court may require the custodial parent to present documentation to verify the costs incurred for child care under this subsection. Where appropriate, the court shall consider the willingness and availability of the noncustodial parent to provide child care personally in determining whether child-care costs are necessary or excessive.
G. 1. Sole custody support. The sole custody total monthly child support obligation shall be established by adding (i) the monthly basic child support obligation, as determined from the schedule contained in subsection B, (ii) all extraordinary medical expenses, (iii) costs for health care coverage to the extent allowable by subsection E, and (iv) work-related child-care costs and taking into consideration all the factors set forth in subsection B of § 20-108.1. The total monthly child support obligation shall be divided between the parents in the same proportion as their monthly gross incomes bear to their monthly combined gross income. The monthly obligation of each parent shall be computed by multiplying each parent's percentage of the parents' monthly combined gross income by the total monthly child support obligation.
However, the monthly obligation of the noncustodial parent shall be reduced by the cost for health care coverage to the extent allowable by subsection E when paid directly by the noncustodial parent.
2. Split custody support. In cases involving split custody, the amount of child support to be paid shall be the difference between the amounts owed by each parent as a noncustodial parent, computed in accordance with subdivision 1, with the noncustodial parent owing the larger amount paying the difference to the other parent.
For the purpose of this section and § 20-108.1, split custody shall be limited to those situations where each parent has physical custody of a child or children born of the parents, born of either parent and adopted by the other parent or adopted by both parents. For the purposes of calculating a child support obligation where split custody exists, a separate family unit exists for each parent, and child support for that family unit shall be calculated upon the number of children in that family unit who are born of the parents, born of either parent and adopted by the other parent or adopted by both parents. Where split custody exists, a parent is a custodial parent to the children in that parent's family unit and is a noncustodial parent to the children in the other parent's family unit.
3. Shared custody support.
(a) Where a party has custody or visitation of a child or children for more than ninety days of the year, as such days are defined in subdivision G 3 (c), a shared custody child support amount based on the ratio in which the parents share the custody and visitation of any child or children shall be calculated in accordance with this subdivision. The presumptive support to be paid shall be the shared custody support amount, unless a party affirmatively shows that the sole custody support amount calculated as provided in subdivision G 1 is less than the shared custody support amount. If so, the lesser amount shall be the support to be paid. For the purposes of this subsection, the following shall apply:
(i) Income share. "Income share" means a parent's percentage of the combined monthly gross income of both parents. The income share of a parent is that parent's gross income divided by the combined gross incomes of the parties.
(ii) Custody share. "Custody share" means the number of days that a parent has physical custody, whether by sole custody, joint legal or joint residential custody, or visitation, of a shared child per year divided by the number of days in the year. The actual or anticipated "custody share" of the parent who has or will have fewer days of physical custody shall be calculated for a one-year period. The "custody share" of the other parent shall be presumed to be the number of days in the year less the number of days calculated as the first parent's "custody share." For purposes of this calculation, the year may begin on such date as is determined in the discretion of the court, and the day may begin at such time as is determined in the discretion of the court. For purposes of this calculation, a day shall be as defined in subdivision G 3 (c).
(iii) Shared support need. "Shared support need" means the presumptive guideline amount of needed support for the shared child or children calculated pursuant to subsection B of this section, for the combined gross income of the parties and the number of shared children, multiplied by 1.4.
(iv) Sole custody support. "Sole custody support" means the support amount determined in accordance with subdivision G 1.
(b) Support to be paid. The shared support need of the shared child or children shall be calculated pursuant to subdivision G 3 (a) (iii). This amount shall then be multiplied by the other parent's custody share. To that sum for each parent shall be added the other parent's cost of health care coverage to the extent allowable by subsection E, plus the other parent's work-related child-care costs to the extent allowable by subsection F. This total for each parent shall be multiplied by that parent's income share. The support amounts thereby calculated that each parent owes the other shall be subtracted one from the other and the difference shall be the shared custody support one parent owes to the other, with the payor parent being the one whose shared support is the larger. Any extraordinary medical and dental expenses, to the extent allowable by subsection D, shall be shared directly by the parents in accordance with their income shares, and shall not be adjusted by the custody share. The parents shall pay their respective shares of these extraordinary medical expenses as they are incurred, and they are not added to each party's shared custody support owed to the other party. The method of payment of said allowable expenses shall be contained in the support order. When the shared support is compared to the sole custody support to determine which is the lesser support, pursuant to subdivision G 3 (a), the extraordinary medical expenses shall not enter into either calculation.
(c) Definition of a day. For the purposes of this section, "day" means a period
of twenty-four24 hours; however, where the parent who has the fewer number of
overnight periods during the year has an overnight period with a child, but has physical custody of the shared
child for less than twenty-four24 hours during such overnight period, there is
a presumption that each parent shall be allocated one-half of a day of custody for that period.
(d) Minimum standards. Any calculation under this subdivision shall not create or reduce a support obligation to an amount which seriously impairs the custodial parent's ability to maintain minimal adequate housing and provide other basic necessities for the child. If the gross income of either party is equal to or less than 150 percent of the federal poverty level promulgated by the U.S. Department of Health and Human Services from time to time, then the shared custody support calculated pursuant to this subsection shall not be the presumptively correct support and the court may consider whether the sole custody support or the shared custody support is more just and appropriate.
(e) Support modification. When there has been an award of child support based on the shared custody formula and one parent consistently fails to exercise custody or visitation in accordance with the parent's custody share upon which the award was based, there shall be a rebuttable presumption that the support award should be modified.
(f) In the event that the shared custody support calculation indicates that the net support is to be paid to the parent who would not be the parent receiving support pursuant to the sole custody calculation, then the shared support shall be deemed to be the lesser support.
H. The Secretary of Health and Human Resources shall ensure that the guideline
set out in this section is reviewed by October 31, 2001, and every three 3
years thereafter, by a panel the Child Support Guidelines Review Panel,
consisting of 15 members that includes a 4 legislative members and
11 nonlegislative citizen members. Members shall be appointed as follows: 3
members of the House Committee for Courts of Justice, to be appointed by the
Speaker of the House of Delegates; 1 member of the Senate Committee for Courts,
to be appointed by the Senate Committee on Privileges and Elections; and 1
representative of a juvenile and domestic relations district court and a,
1 representative of a circuit court, a 1 representative of the executive
branch, a member of the House of Delegates, a member of the Senate to be appointed by the chairmen of the House
and Senate Committees for Courts of Justice, Department of Social Services'
Division of Child Support Enforcement, 3 members of the bar Virginia State Bar,
two 2 custodial and two parents, 2 noncustodial parents, and a 1 child
advocate, upon the recommendation of the Secretary of Health and Human
Resources, to be appointed by the Governor. The panel Panel shall
determine the adequacy of the guideline for the determination of appropriate awards for the support
of children by considering current research and data on the cost of and
expenditures necessary for rearing children, and any other resources it deems
relevant to such review. The panel Panel shall report its findings to the
General Assembly as provided in the procedures of the Division of Legislative
Automated Systems for the processing of legislative documents and reports
before it the General Assembly next convenes following such review.
I. Legislative members shall serve terms coincident with their terms of office. All members may be reappointed. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. However, no House member shall serve more than 4 consecutive 2-year terms, and no Senate member shall serve more than 2 consecutive 4-year terms. The remainder of any term to which a legislative member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. Vacancies shall be filled in the same manner as the original appointments. Nonlegislative citizen members shall serve at the pleasure of the Governor.
J. Legislative members shall receive such compensation as provided in § 30-19.12, and nonlegislative citizen members shall receive such compensation for the performance of their duties as provided in § 2.2-2813. All members shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of compensation and expenses of the members shall be provided by the Department of Social Services.
K. The Department of Social Services shall provide staff support to the Panel. All agencies of the Commonwealth shall provide assistance to the Panel, upon request.
L. The chairman shall submit to the Governor and the General Assembly a triennial executive summary of the interim activity and work of the Panel no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§ 22.1-337. Virginia representatives on Education Commission of the States.
There In accordance with the Compact for Education of 1968, which established
the Education Commission of the States, there shall be seven 7 member
commissioners representing Virginia on the Education Commission of the States.
These The commissioners shall consist of the Governor, one 1 member
selected from the body of the House of Delegates, to be appointed by the
Speaker thereof, one of the House of Delegates; 1 member selected from the body
of the Senate of Virginia, to be appointed by the Committee on Privileges and
Elections of the Senate, and four; 4 nonlegislative citizen members, of whom 1
shall be the Superintendent of Public Instruction, to be appointed by the
Governor. The term of the member from the House shall be two years; the term of
the member from the Senate shall terminate at the end of his current term as
Senator. The terms of the members appointed by the Governor ; and the Governor.
The commissioners representing Virginia shall by virtue of their training,
experience, knowledge, or affiliations, collectively reflect the broad
interests of state government, the state's system of
education, public and higher education, nonprofessional and professional public
and nonpublic educational leadership.
Legislative members shall serve terms coincident with their terms of office.
Nonlegislative citizen members shall be for four years each except that
appointments serve at the pleasure of the Governor. Appointments to fill
vacancies, other than by expiration of a term, shall be for the unexpired
terms. The Governor, the Committee on Privileges and Elections of the Senate
and the Speaker shall have the authority to fill all vacancies in the manner of the
original appointment. All members may be reappointed. However, no House member
shall serve more than 4 consecutive 2-year terms, no Senate member shall serve
more than 2 consecutive 4-year terms, and no nonlegislative citizen member
shall serve for more than 8 consecutive years. The remainder of any term to
which a member is appointed to fill a vacancy shall not constitute a term in determining the member's
eligibility for reappointment. Vacancies shall be filled in the same manner as the original
appointments.
The Governor shall designate one 1 member commissioner to serve as chairman of
the group Virginia commissioners for a two2-year term. The commissioners shall
meet on the call of the chairman or at the request of a majority of the members. A majority of the member commissioners
shall constitute a quorum for any meeting. The commissioners may consider any and all matters related to recommendations of
the Education Commission of the States or the general activities and business
of the organization and shall have the authority to represent the Commonwealth
in all actions of the Commission.
The commissioners shall serve without compensation but shall be paid their
actual and. All members shall be reimbursed for reasonable and necessary
expenses incurred in the performance of their duties, such expenses to be paid
from funds appropriated to the General Assembly as provided in §§ 2.2-2813 and
2.2-2825. The costs of expenses of the legislative commissioners incurred in
the performance of their duties shall be paid from appropriations to the
Virginia Commission on Intergovernmental Cooperation for the attendance of
conferences. The costs of expenses of nonlegislative citizen commissioners
incurred in the performance of their duties shall be paid from such
funds as may be provided for this purpose in the appropriations act.
The chairman of the Commissioners shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the group no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§ 22.1-354.1. Western Virginia Public Education Consortium and board created; region defined; governing board.
A. The Western Virginia Public Education Consortium is hereby established and
shall be referred to in this chapter as the Consortium. For the purposes of
this chapter and the work of the Consortium, "Western Virginia" shall include the Counties
of Alleghany, Bath, Bland, Botetourt, Craig, Floyd, Franklin, Giles, Henry,
Montgomery, Patrick, Pulaski, Roanoke, and Wythe, and the Cities of Covington,
Clifton Forge, Martinsville, Radford, Roanoke, and Salem. The governing board
of the Consortium shall consist of 35 members, that include 16 legislative
members and the 19 school superintendents of the named localities. The region's
legislators shall serve as nonvoting, advisory members of the board Members
shall be appointed as follows: 11 members of the House of Delegates
representing the Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh,
Twelfth, Sixteenth, Seventeenth, and Nineteenth House Districts, to be
appointed by the Speaker of the House of Delegates; 5 members of the Senate
representing the Twentieth, Twenty-first, Twenty-second, and Twenty-fifth
Senatorial Districts and the Senatorial District comprising
Montgomery County and the City of Clifton Forge, to be appointed by the Senate
Committee on Privileges and Elections, all serving as ex officio
nonvoting members; and the school superintendents of Alleghany and Clifton
Forge, Bath, Bland, Botetourt, Craig, Floyd, Franklin, Giles, Henry,
Montgomery, to be appointed by the Speaker of the House; and Patrick,
Pulaski, Roanoke County, Wythe, Covington, Martinsville, Radford, Roanoke City,
and Salem, to be appointed by the Senate Committee on Privileges and Elections.
B. Legislative and nonlegislative citizen members shall serve terms coincident with their terms of office. Appointments to fill vacancies shall be for the unexpired terms. All members may be reappointed. The remainder of any term to which a member is appointed to fill a vacancy shall be filled in the same manner as the original appointments. The board shall elect a chairman and a vice chairman from among its members.
C. Members of the board shall serve without compensation. All members shall be
reimbursed for their actual reasonable and necessary expenses incurred in the
performance of their duties in the work of the Consortium. The board shall
elect a chairman and a vice-chairman from among its members. as provided in §§
2.2-2813 and 2.2-2825. All such expenses shall be paid from existing
appropriations to or received by the Consortium, or if unfunded shall be
approved by the Joint Rules Committee.
D. A majority of the members of the board shall constitute a quorum. The board shall meet at the call of the chairman or whenever a majority of the members so request.
E. The chairman of the board shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the board no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§ 30-156. Virginia State Crime Commission; purpose; membership; terms; compensation; voting on recommendations; chairman's executive summary.
A. The Virginia State Crime Commission (the "Commission") is established in the legislative branch of state government. The purpose of the Commission shall be to study, report and make recommendations on all areas of public safety and protection. In so doing it shall endeavor to ascertain the causes of crime and recommend ways to reduce and prevent it, explore and recommend methods of rehabilitation of convicted criminals, study compensation of persons in law enforcement and related fields and study other related matters including apprehension, trial and punishment of criminal offenders. The Commission shall make such recommendations as it deems appropriate with respect to the foregoing matters, and shall coordinate the proposals and recommendations of all commissions and agencies as to legislation affecting crimes, crime control and criminal procedure. The Commission shall cooperate with the executive branch of state government, the Attorney General's office and the judiciary who are in turn encouraged to cooperate with the Commission. The Commission will cooperate with governments and governmental agencies of other states and the United States.
B. The Commission shall consist of thirteen 13 members to be appointed that
include 9 legislative members, 3 nonlegislative citizen members, and a state
official as follows: six 6 members of the House of Delegates to be appointed by
the Speaker of the House of Delegates in accordance with the principles of
proportional representation contained in the Rules of the House of Delegates;
three 3 members of the Senate to be appointed by the Senate Committee on
Privileges and Elections; three 3 nonlegislative citizen members to be
appointed by the Governor; and the Attorney General or his designee.
Nonlegislative citizen members shall be citizens of the Commonwealth of
Virginia. Unless otherwise approved by the chairman of the Commission,
nonlegislative citizen members shall only be reimbursed for travel originating
and ending within the Commonwealth of Virginia for the purpose of attending
meetings.
C. The term of each appointee shall be for four 2 years, except that the
Attorney General and legislative members shall serve a term terms coincident
with his term their terms of office. Whenever any legislative member fails to
retain his membership in the house from which he was appointed, his membership
on the Commission shall become vacated and the appointing authority who
appointed such vacating member shall make an appointment from his respective
house to fulfill the vacated term. All members may be reappointed. However, no
House member shall serve more than 4 consecutive 2-year terms, no Senate member shall serve more than
2 consecutive 4-year terms, and no nonlegislative citizen member shall serve more
than 4 consecutive 2-year terms. The remainder of any term to which a
member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for
reappointment. Appointments to fill vacancies shall be made for the unexpired
terms. Vacancies shall be filled in the same manner as the original
appointment.
D. The Commission shall elect its own a chairman and vice chairman annually,
who shall be members of the General Assembly.
E. Members of the Commission shall receive compensation as provided in § 30-19.12 and shall be reimbursed for all reasonable and necessary expenses incurred in the discharge of their duties as provided in §§ 2.2-2813 and 2.2-2825. All such expense payments, however, shall come from existing appropriations to the Virginia Crime Commission.
F. Upon the election of a majority of Senate members appointed to the Commission or a majority of the members of the House of Delegates appointed to the Commission, no recommendation of the Commission shall be adopted without the approval of a majority of such members of the Senate and a majority of such members of the House of Delegates. For the purpose of this provision, a "majority" constitutes the members present and voting at the meeting of the Commission.
G. The chairman of the Commission shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Commission no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§ 30-173. Commission of Senate and Commission of House of Delegates on Interstate Cooperation.
A. There is established a Commission on Interstate Cooperation of the Senate,
to consist of six 6 senators. The members shall be appointed and the chairman
of this Commission shall be designated from among the membership of the
Commission by the Senate Committee on Privileges and Elections.
B. There is established a Commission on Interstate Cooperation of the House of
Delegates, also to consist of six 6 members; and the members shall be appointed
and the chairman of this Commission shall be designated in the same manner as
is customary in the case of the members and chairmen of standing committees of the
House of Delegates from among the membership of the Commission by the
Speaker of the House of Delegates in accordance with the principles of proportional representation as contained in
the Rules of the House of Delegates.
C. Such bodies of the Senate and of the House of Delegates shall function
during the regular sessions of the General Assembly and also during the interim
periods between such sessions. Their members shall serve until their successors
are designated Members appointed and designated shall serve terms coincident
with their terms of office.
D. Members of the commissions shall receive such compensation as provided in § 30-19.12 and shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties pursuant to § 30-171 and this section as provided in §§ 2.2-2813 and 2.2-2825.
§ 30-182. Small Business Commission; purpose; membership; terms; compensation; staff.
A. The Small Business Commission (the "Commission") is established in the legislative branch of state government. The purpose of the Commission shall be to study, report and make recommendations on issues of concern to small businesses in the Commonwealth.
B. The Commission shall consist of fourteen 14 members to that include 10
legislative members and 4 nonlegislative citizen members. Members shall be
appointed as follows: six 6 members of the House of Delegates to be appointed
by the Speaker of the House of Delegates in accordance with the principles of
proportional representation contained in the Rules of the House of Delegates;
four 4 members of the Senate to be appointed by the Senate Committee on
Privileges and Elections; and four 4 nonlegislative citizen members, each of
whom shall have previously demonstrated small business experience or expertise, to be appointed by the Governor.
Nonlegislative citizen members shall be citizens of the Commonwealth of
Virginia. Unless otherwise approved in writing by the chairman of the
Commission and the respective Clerk, nonlegislative citizen members shall only be
reimbursed for travel originating and ending within the Commonwealth of Virginia for the
purpose of attending meetings.
All gubernatorial appointments to the Commission shall be for terms of four 2
years. Legislative members shall serve terms coincident to their terms of
office. Vacancies occurring other than by expiration of term shall be filled
for the unexpired term. Whenever any legislative member fails to retain his
membership in the house from which he was appointed, he shall relinquish his
membership on the Commission and the appointing authority who appointed such member
shall make an appointment from his respective house to complete the term. Any
member may be reappointed for successive terms. All members may be reappointed.
However, no House member shall serve more than 4 consecutive 2-year terms, no Senate
member shall serve more than 2 consecutive 4-year terms, and no nonlegislative
citizen member shall serve more than 4 consecutive 2-year terms. The remainder
of any term to which a member is appointed to fill a vacancy shall not
constitute a term in determining the member's eligibility for reappointment.
Vacancies shall be filled in the same manner as the original appointments.
C. The members of the Commission shall elect a chairman and a vice-chairman
vice-chairman annually, who shall be members of the General Assembly.
D. Legislative members of the Commission shall receive such compensation as is
set forth in § 30-19.12, and nonlegislative citizen members shall receive such
compensation for the performance of their duties as provided in § 2.2-2813. All
members shall be reimbursed for all reasonable and necessary expenses incurred in
the discharge performance of their duties as provided in §§ 2.2-2813 and
2.2-2825. However, all such compensation and expenses shall be paid from
existing appropriations to the Commission and ,if unfunded, shall be approved by the
Joint Rules Committee.
E. The Division of Legislative Services shall serve as staff to the Commission.
The office of the Clerk of the chairman of the Commission shall provide
administrative staff support. The Division of Legislative Services shall
provide legal, research, policy analysis and other services as requested by the
Commission. All agencies of the Commonwealth shall assist the Commission, upon
request.
F. Upon the election of a majority of Senate members appointed to the Commission or a majority of the members of the House of Delegates appointed to the Commission, no recommendation of the Commission shall be adopted without the approval of a majority of such members of the Senate and a majority of such members of the House of Delegates. For the purpose of this provision, a "majority" constitutes the members present and voting at the meeting of the Commission.
G. The chairman of the Commission shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Commission no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§ 30-201. Commission on Electric Utility Restructuring; purpose.
The Commission on Electric Utility Restructuring (the "Commission") is established in the legislative branch of state government. The purpose of the Commission is to work collaboratively with the State Corporation Commission in conjunction with the phase-in of retail competition within the Commonwealth.
§ 30-202. Membership; terms; vacancies; chairman and vice chairman.
The Commission shall consist of 10 legislative members. Members shall be appointed as follows: 4 members of the Senate to be appointed by the Senate Committee on Privileges and Elections and 6 members of the House of Delegates to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates.
Members of the Commission shall serve terms coincident with their terms of office. Vacancies shall be filled in the same manner as the original appointments.
The Commission shall elect a chairman and vice chairman from among its membership, who shall be members of the General Assembly.
The chairman of the Commission shall be authorized to designate 1 or more members of the Commission to observe and participate in the discussions of any work group convened by the State Corporation Commission in furtherance of its duties under the Virginia Electric Utility Restructuring Act (§ 56-576 et seq.) and this chapter. Members participating in such discussions shall be entitled to compensation and reimbursement provided in § 30-204, if approved by the Joint Rules Committee or its Budget Oversight Subcommittee.
§ 30-203. Quorum; meetings; voting on recommendations.
A majority of the voting members shall constitute a quorum. The meetings of the Commission shall be held at the call of the chairman or whenever the majority of the voting members so request.
Upon the election of a majority of the Senate members appointed to the Commission or a majority of the members of the House of Delegates appointed to the Commission, no recommendation of the Commission shall be adopted without the approval of a majority of such members of the Senate and a majority of such members of the House of Delegates. For the purpose of this provision, a "majority" constitutes the members present and voting at the meeting of the Commission.
§ 30-204. Compensation; expenses.
Members of the Commission shall receive such compensation as provided in § 30-19.12 and shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as provided in § 2.2-2813. However, all such compensation and expenses shall be paid from existing appropriations to the Commission or, if unfunded, shall be approved by the Joint Rules Committee.
§ 30-205. Powers and duties of the Commission.
The Commission shall have the following powers and duties:
1. Monitor the work of the State Corporation Commission in implementing Chapter 23 (§ 56-576 et seq.) of Title 56, receiving such reports as the Commission may be required to make pursuant thereto, including reviews, analyses, and impact on consumer of electric utility restructuring programs in other states;
2. Determine whether, and on what basis, incumbent electric utilities should be permitted to discount capped generation rates established pursuant to § 56-582;
3. Monitor, after the commencement of customer choice and with the assistance of the State Corporation Commission and the Office of Attorney General, the incumbent electric utilities, suppliers, and retail customers, whether the recovery of stranded costs, as provided in § 56-584, has resulted or is likely to result in the overrecovery or underrecovery of just and reasonable net stranded costs;
4. Examine (i) utility worker protection during the transition to retail competition, (ii) generation, transmission and distribution systems reliability concerns, and (iii) energy assistance programs for low-income households;
5. Establish 1 or more subcommittees of its membership, to meet at the direction of the chairman of the Commission, for any purpose within the scope of the duties prescribed to the Commission by this section; and
6. Report annually to the Governor and the General Assembly on the progress of each stage of the phase-in of retail competition and offer such recommendations as may be appropriate for legislative and administrative consideration in order to maintain the Commonwealth's position as a low-cost electricity market and ensure that residential customers and small business customers benefit from competition.
§ 30-206. Staffing.
The Office of the Clerk of the chairman of the Commission shall provide administrative staff support. The Division of Legislative Services shall provide legal, research, policy analysis and other services as requested by the Commission. All agencies of the Commonwealth shall provide assistance to the Commission, upon request.
§ 30-207. Chairman's executive summary of activity and work of the Commission.
The chairman shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Commission no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§ 30-208. Consumer Advisory Board.
A. There shall be established a Consumer Advisory Board to assist the Commission on Electric Utility Restructuring in its work as prescribed in § 30-205 and on other issues as may be directed by the Commission. The Board shall consist of 8 members as follows: 3 nonlegislative citizen members appointed by the Senate Committee on Privileges and Elections; 4 nonlegislative citizen members appointed by the Speaker of the House of Delegates and a member of the Commission designated by the chairman to serve as a nonvoting liaison member. Appointed members shall be from all classes of consumers and with geographical representation and shall be citizens of the Commonwealth. The chairman of the Commission shall select the chairman of the Board.
B. The Board shall be limited to meeting on the call of the chairman of the Commission.
C. The legislative member of the Board shall receive compensation as provided in § 30-19.12, and nonlegislative citizen members shall receive such compensation for the performance of their duties as provided in § 2.2-2813. All members shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as provided in § 2.2-2825. However, all such compensation shall be paid from existing appropriations to the Commission or, if unfunded, shall approved by the Joint Rules Committee. Unless otherwise approved in writing by the chairman of the Commission, nonlegislative citizen members shall only be reimbursed for travel originating and ending within the Commonwealth of Virginia for the purpose of attending meetings.
D. The Division of Legislative Services shall provide legal, research, policy analysis, and other services as requested by the Board. The Office of the Clerk of the chairman of the Commission shall provide administrative staff support. All agencies of the Commonwealth shall provide assistance to the Board, upon request.
§ 30-209. Sunset.
This chapter shall expire on July 1, 2005.
§ 30-210. Virginia Delegation to Multistate Tax Administration Discussions; purpose.
There is hereby created the Virginia Delegation to the Multistate Tax Administration Discussions, in the legislative branch of government, to consider whether the Commonwealth should enter into an agreement with one or more other states to simplify and modernize tax administration.
§ 30-211. Definitions.
"Agreement" means an interstate agreement for simplification and uniformity of taxation among member states in order to reduce the burden of tax compliance for sellers and for all types of commerce.
"Seller" means an individual, trust, estate, fiduciary, partnership, limited liability company, limited liability partnership, corporation or any other similar legal entity that sells, leases or rents tangible personal property or services.
"State" means a state of the United States and the District of Columbia.
"Tax" or "taxes" means sales and use taxes imposed pursuant to Title 58.1, or a similar tax imposed by a political subdivision of the Commonwealth.
§ 30-212. Membership; terms; vacancies; chairman and vice chairman; quorum; meetings.
The Virginia delegation shall consist of 5 legislative members. Members shall be appointed as follows: 2 members of the Senate, to be appointed by the Senate Committee on Privileges and Elections; and 3 members of the House of Delegates, to be appointed by the Speaker of the House of Delegates, in accordance with the principles of proportional representation contained in the Rules of the House of Delegates. Members shall serve terms coincident with their terms of office. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. All members may reappointed. However, no Senate member shall serve more than 2 consecutive 4-year terms, and no House member shall serve more than 4 consecutive 2-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. Vacancies shall be filled in the same manner as the original appointments.
The Delegation shall select a chairman and a vice chairman from among its membership. A majority of the members shall constitute a quorum. The Delegation shall meet at least 4 times each year. The meetings of the Delegation shall be held at the call of the chairman or whenever the majority of the members so request.
§ 30-213. Powers and duties of the Delegation.
A. The Virginia Delegation to the Multistate Tax Administration Discussions regarding the simplification and modernization of tax administration shall consider whether to enter into agreement with one or more states to:
1. Simplify and modernize tax administration in order to substantially reduce the burden of tax compliance for sellers and for all types of commerce.
2. Establish standards for tax compliance software and service providers.
3. Establish performance standards for multistate sellers.
B. After meeting with similar delegations from other states, the delegates shall make recommendations, including but not limited to proposed legislation, to the 2003 and 2004 Sessions of the General Assembly regarding the issues the delegates are required to consider pursuant to this section and any other related issues the delegates deem advisable.
§ 30-214. Compensation and expenses.
Members shall receive such compensation as provided in § 30-19.12 and shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. All such compensation and expenses shall be paid from existing appropriations to the Delegation or, if unfunded, shall approved by the Joint Rules Committee.
§ 30-215. Staff Support.
The Division of Legislative Services shall provide legal, research, policy analysis and other services as requested by the Delegation. The Office of the Clerk of the chairman of the Commission shall provide administrative staff support. All agencies of the Commonwealth shall provide assistance to the Delegation, upon request.
§ 30-216. Chairman's executive summary of activity and work of the Delegation.
The chairman of the Delegation shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Delegation no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted to the General Assembly's website.
§ 30-217. Sunset.
This chapter shall expire on July 1, 2006.
§ 51.5-39.2. The Virginia Office for Protection and Advocacy established; governing board; terms.
A. The Department for Rights of Virginians with Disabilities is hereby
reestablished as an independent state agency, to be known as the Virginia
Office for Protection and Advocacy. The Office is designated as the agency to protect and advocate
for the rights of persons with mental, cognitive, sensory, physical or other
disabilities and to receive federal funds on behalf of the Commonwealth of
Virginia to implement the federal Protection and Advocacy for Individuals with
Mental Illness Act, the federal Developmental Disabilities Assistance and Bill
of Rights Act, the federal Rehabilitation Act, the Virginians with Disabilities
Act and such other related programs as may be established by state and federal
law. Notwithstanding any other provision of law, the Office shall be
independent of the Office of the Attorney General and shall have the authority,
pursuant to subdivision 5 of § 2.2-510, to employ and contract with legal
counsel to carry out the purposes of this chapter and to employ and contract with
legal counsel to advise and represent the Office, to initiate actions on behalf
of the Office, and to defend the Office and its officers, agents and employees
in the course and scope of their employment or authorization, in any matter,
including state, federal and administrative proceedings. Compensation for legal
counsel shall be paid out of the funds appropriated for the administration of
the Office. However, in the event defense is provided under Article 5 (§
2.2-1832 et seq.) of Chapter 18 of Title 2.2, counsel shall be appointed pursuant to
subdivision 4 of § 2.2-510. The Office shall provide ombudsman, advocacy and
legal services to persons with disabilities who may be represented by the Office.
The Office is authorized to receive and act upon complaints concerning
discrimination on the basis of disability, abuse and neglect or other denial of
rights, and practices and conditions in institutions, hospitals, and programs
for persons with disabilities, and to investigate complaints relating to abuse
and neglect or other violation of the rights of persons with disabilities in
proceedings under state or federal law, and to initiate any proceedings to
secure the rights of such persons.
B. The Office shall be governed by an eleven11-member board. The Board shall be
composed of members who broadly represent or are knowledgeable about the needs of persons with disabilities served by
the Office. Two or more members shall have experience in the fields of developmental disabilities and mental health.
Persons with mental, cognitive, sensory or physical disabilities or family
members, guardians, advocates, or authorized representatives of such persons
shall be included. No elected official shall serve on the Board. No current
employee of the Departments of Mental Health, Mental Retardation and Substance
Abuse Services, Health, Rehabilitative Services or for the Blind and Vision
Impaired or a community services board, behavioral health authority, or local
government department with a policy-advisory community services board shall
serve as a member. In appointing the members of the Board, consideration shall
be given to persons nominated by statewide groups that advocate for the
physically, developmentally and mentally disabled. The Governor and General
Assembly shall not be limited in their appointments to persons so nominated;
however, the Governor and General Assembly shall seriously consider the persons
nominated and appoint such persons whenever feasible.
C. The Governor shall appoint three members of the Board who shall be confirmed
by the affirmative vote of a majority of those voting in each house of the General
Assembly. The Speaker of the House of Delegates shall appoint five members, and the
Senate Committee on Privileges and Elections shall appoint three members of the
Board. No such appointments shall be members of the General Assembly. The Board
appointments shall be made to give representation insofar as feasible to
various geographic areas of the Commonwealth.
D. The terms of the initial members of the Board shall be as follows:
1. Two legislative appointees shall be appointed for a term of one year each;
2. One gubernatorial and two legislative appointees shall be appointed for a
term of two years each;
3. One gubernatorial and two legislative appointees shall be appointed for a
term of three years each; and
4. One gubernatorial and two legislative appointees shall be appointed for a
term of four years each. consisting of 11 nonlegislative citizen members. The
members shall be appointed as follows: 5 citizens at large, of whom 1 shall
have experience in developmental disabilities and mental health, 1 shall
represent persons with mental or cognitive disabilities, and 1 shall
represent persons with sensory or physical disabilities, from among nominations
by statewide advocacy organizations for persons with physical, developmental,
and mental disabilities, to be appointed by the Speaker of the House of
Delegates; 3 citizens at large, of whom 1 shall represent the family members or
guardians of persons with disabilities, and 1 shall represent the advocates or
authorized representatives of persons with disabilities, from among nominations
by statewide advocacy organizations for persons with physical, developmental, and
mental disabilities, to be appointed by the Senate Committee on
Privileges and Elections; and 3 citizens at-large, from among nominations by
statewide advocacy organizations for persons with physical, developmental, and mental
disabilities, to be appointed by the Governor. Nonlegislative citizen
members of the board shall be citizens of the Commonwealth of Virginia. Persons
appointed to the board shall represent and be knowledgeable of the broad range
of needs of persons with disabilities served by the Office. The Speaker of the
House of Delegates, the Senate Committee on Privileges of Elections, and the
Governor shall consider such nominations, but in no case shall they be required to appoint
persons from among such nominations. However, no member of the General
Assembly, elected official, or current employee of the Department of Mental
Health, Mental Retardation and Substance Abuse Services, State
Health Department, Department of Rehabilitative Services, Department for the
Blind and Vision Impaired, a community services board, a behavioral health
authority, or a local government department with a policy-advisory community
services board shall be appointed to the Board.
C. Appointments of nonlegislative citizen members shall be staggered as
follows: 2 members for a term of 1 year, 1 member for a term of 2 years, 1
member for a term of 3 years, and 1 member for a term of 4 years appointed by
the Speaker of the House; 1 member for a term of 2 years, 1 member for a term
of 3 years, and 1 member for a term of 4 years appointed by the Senate
Committee on Privileges and Elections; and 1 member for a term of 2 years, 1
member for a term of 3 years, and 1 member for a term of 4 years appointed by
the Governor. Thereafter, nonlegislative citizen members shall be appointed for
four-year terms.E. a term of 4 years. Appointments to fill vacancies, other
than by expiration of a term, shall be for the unexpired terms. A vacancy of a
legislatively appointed member shall be filled by either the Speaker of the House of
Delegates or the Senate Committee on Privileges and Elections, and any such appointee
shall enter upon and continue in office, All members may be reappointed, except
that any member appointed initially to a 4-year term shall not be eligible for reappointment for 2
years after the expiration of his term. However, no nonlegislative citizen
member shall serve more than 2 consecutive 4-year terms. The remainder of any
term to which a member is appointed to fill a vacancy shall not constitute a term in
determining the member's eligibility for reappointment. Vacancies shall
be filled in the same manner as the original appointments. All appointments and
reappointments shall be subject to confirmation at the next session of the
General Assembly. If the General Assembly fails to confirm his appointment,
such person shall not be eligible for reappointment. Members shall continue to
serve until such time as their successors have been appointed and duly qualified to
serve.
F. A member who has been appointed to a four-year term shall not be eligible
for reappointment during the two-year period beginning on the date on which
such four-year term expired. However, upon the expiration of an appointment to
an unexpired term, or an appointment described in subdivision D 1, D 2, or D 3,
a member may be reappointed to a four-year term.
G. D. The Board shall elect a chairman and a vice-chairman vice chairman from
among its members and appoint a secretary who may or may not be a member
of the Board. A majority of the voting members of the Board shall constitute a
quorum. The chairman shall preside over meetings of the Board and perform
additional duties as may be set by resolution of the Board.
H. The Board shall meet at least four 4 times each year. The meetings of the
Board shall be held at the call of the chairman or whenever the majority of the
voting members so request. The chairman shall perform such additional
duties as may be established by resolution of the Board.
E. Members shall serve without compensation for their services; however, all
members shall be reimbursed for their all reasonable and necessary and actual
expenses incurred in the performance of their official duties as provided
in §§ 2.2-2813 and 2.2-2825. Funding for the costs of expenses of the members
shall be provided by the Virginia Office for Protection and Advocacy.
I. F. Members of the Board shall be subject to removal from office only as set
forth in Article 7 (§ 24.2-230 et seq.) of Chapter 2 of Title 24.2. The Circuit
Court of the City of Richmond shall have exclusive jurisdiction over all proceedings
for such removal.
G. The chairman shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Board no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted to the General Assembly's website.
§ 56-579. Regional transmission entities.
A. As set forth in § 56-577, on or before January 1, 2001, each incumbent electric utility owning, operating, controlling, or having an entitlement to transmission capacity shall join or establish a regional transmission entity (RTE) to which such utility shall transfer the management and control of its transmission assets, subject to the following:
1. No such incumbent electric utility shall transfer to any person any ownership or control of, or any responsibility to operate, any portion of any transmission system located in the Commonwealth without obtaining the prior approval of the Commission, as hereinafter provided.
2. The Commission shall develop rules and regulations under which any such incumbent electric utility owning, operating, controlling, or having an entitlement to transmission capacity within the Commonwealth, may transfer all or part of such control, ownership or responsibility to an RTE, upon such terms and conditions that the Commission determines will:
a. Promote:
(1) Practices for the reliable planning, operating, maintaining, and upgrading of the transmission systems and any necessary additions thereto; and
(2) Policies for the pricing and access for service over such systems, which are safe, reliable, efficient, not unduly discriminatory and consistent with the orderly development of competition in the Commonwealth;
b. Be consistent with lawful requirements of the Federal Energy Regulatory Commission;
c. Be effectuated on terms that fairly compensate the transferor;
d. Generally promote the public interest, and are consistent with (i) ensuring the successful development of interstate regional transmission entities and (ii) meeting the transmission needs of electric generation suppliers both within and without this Commonwealth.
B. The Commission shall also adopt rules and regulations, with appropriate public input, establishing elements of regional transmission entity structures essential to the public interest, which elements shall be applied by the Commission in determining whether to authorize transfer of ownership or control from an incumbent electric utility to a regional transmission entity.
C. The Commission shall, to the fullest extent permitted under federal law, participate in any and all proceedings concerning regional transmission entities furnishing transmission services within the Commonwealth, before the Federal Energy Regulatory Commission. Such participation may include such intervention as is permitted state utility regulators under FERC rules and procedures.
D. Nothing in this section shall be deemed to abrogate or modify:
1. The Commission's authority over transmission line or facility construction, enlargement or acquisition within this Commonwealth, as set forth in Chapter 10.1 (§ 56-265.1 et seq.) of this title;
2. The laws of this Commonwealth concerning the exercise of the right of eminent domain by a public service corporation pursuant to the provisions of Article 5 (§ 56-257 et seq.) of Chapter 10 of this title; however, on and after January 1, 2002, a petition may not be filed to exercise the right of eminent domain in conjunction with the construction or enlargement of any utility facility whose purpose is the generation of electric energy; or
3. The Commission's authority over retail electric energy sold to retail customers within the Commonwealth by licensed suppliers of electric service, including necessary reserve requirements, all as specified in § 56-587.
E. For purposes of this section, transmission capacity shall not include capacity that is primarily operated in a distribution function, as determined by the Commission, taking into consideration any binding federal precedents.
F. On or after January 1, 2002, the Commission shall report to the Legislative
Transition Task Force Commission on Electric Utility Restructuring its
assessment of the success in the practices and policies of the RTE facilitating the orderly
development of competition in the Commonwealth.
§ 56-581.1. Competitive retail electric billing and metering.
A. Effective January 1, 2002, (i) distributors shall offer consolidated billing services to licensed suppliers, aggregators, and retail customers, and (ii) licensed suppliers and aggregators shall be permitted to bill all retail customers separately for services rendered on and after the first regular meter reading date after January 1, 2002, subject to conditions, regulations, and licensing requirements established by the Commission.
B. Effective January 1, 2003, licensed suppliers and aggregators may offer consolidated billing service to distributors and retail customers for services rendered on and after the first regular meter reading date after January 1, 2003, subject to conditions, regulations, and licensing requirements established by the Commission.
C. Upon application by a distributor or upon its own motion, the Commission may
delay any element of the competitive provision of billing services to retail
customers for the period of time necessary, but no longer than one year, to
resolve issues arising from considerations of billing accuracy, timeliness,
quality, consumer readiness, or adverse effects upon development of competition
in electric service. The Commission shall report any such delays and the
underlying reasons therefor to the Legislative Transition Task Force Commission
on Electric Utility Restructuring within a reasonable time.
D. The Commission shall promulgate such rules and regulations as may be
necessary to implement the provisions of this section in a manner that is
consistent with its Recommendation and Draft Plan filed with the Legislative
Transition Task Force Commission on Electric Utility Restructuring on December
12, 2000, to facilitate the development of effective competition in electric
service for all customer classes, and to ensure reasonable levels of billing
accuracy, timeliness, and quality, and adequate consumer readiness and
protection. Such rules and regulations shall include provisions regarding the
licensing of persons seeking to sell, offering to sell, or selling competitive
billing services, pursuant to the licensure requirements of § 56-587.
E. The Commission shall implement the provision of competitive metering services by licensed providers for large industrial and large commercial customers of investor-owned distributors on January 1, 2002, and may approve such services for residential and small business customers of investor-owned distributors on or after January 1, 2003, as determined to be in the public interest by the Commission. Such implementation and approvals shall:
1. Be consistent with the goal of facilitating the development of effective competition in electric service for all customer classes;
2. Take into account the readiness of customers and suppliers to buy and sell such services;
3. Take into account the technological feasibility of furnishing any such services on a competitive basis;
4. Take into account whether reasonable steps have been or will be taken to educate and prepare customers for the implementation of competition for any such services;
5. Not jeopardize the safety, reliability or quality of electric service;
6. Consider the degree of control exerted over utility operations by utility customers;
7. Not adversely affect the ability of an incumbent electric utility authorized or obligated to provide electric service to customers who do not buy such services from competitors to provide electric service to such customers at reasonable rates;
8. Give due consideration to the potential effects of such determinations on utility tax collection by state and local governments in the Commonwealth; and
9. Ensure the technical and administrative readiness of a distributor to coordinate and facilitate the provision of competitive metering services for its customers.
Upon the reasonable request of a distributor, the Commission shall delay the provision of competitive metering service in such distributor's service territory until January 1, 2003, for large industrial and large commercial customers, and after January 1, 2004, for residential and small business customers.
F. The Commission shall promulgate such rules and regulations as may be necessary to implement the authorization related to competitive metering services provided for in subsection E. Such rules and regulations shall include provisions regarding the licensing of persons seeking to sell, offering to sell, or selling competitive metering services, pursuant to the licensure requirements of § 56-587.
G. An incumbent electric utility shall coordinate with persons licensed to provide competitive metering service, billing services, or both, as the Commission deems reasonably necessary to the development of such competition. The foregoing shall apply to an affiliate of an incumbent electric utility if such affiliate controls a resource that is necessary to the coordination required of the incumbent electric utility by this subsection.
H. Notwithstanding the provisions of § 56-582, the Commission shall allow a distributor to recover its costs directly associated with the implementation of billing or metering competition through a tariff for all licensed suppliers, but not those that would be incurred by such utilities in any event as part of the restructuring under this Act. The Commission shall also determine the most appropriate method of recovering such costs through a tariff for such licensed suppliers; however, such method shall not unreasonably affect any customer for which the service is not made competitive.
I. The Commission shall adjust the rates for any noncompetitive services provided by a distributor so that such rates do not reflect costs associated with or properly allocable to the service made subject to competition. Such adjustment may be accomplished through unbundled rates, bill credits, the distributor's tariffs for licensed suppliers, or other methods as determined by the Commission.
J. Municipal electric utilities shall not be required to provide consolidated billing services to licensed suppliers, aggregators or retail customers. Municipal electric utilities and utility consumer services cooperatives shall not be required to undertake coordination of the provision of consolidated or direct billing services by suppliers and aggregators; however, the exemptions set forth in this subsection shall not apply if any such municipal electric utility or utility consumer services cooperative, or its affiliate, offers competitive electric energy supply to retail customers in the service territory of any other Virginia incumbent electric utility. The Commission may permit any municipal electric utility or utility consumer services cooperative that pursues such competitive activity to maintain such exemption upon application to the Commission demonstrating good cause for relief. In addition, upon petition by a utility consumer services cooperative, the Commission may approve the provision of competitive metering services by licensed providers for large industrial and large commercial customers of such cooperative on or after January 1, 2002, and for residential and small business customers of such cooperative on or after January 1, 2003, as determined to be in the public interest by the Commission consistent with the criteria set forth in subsection E.
§ 56-585. Default service.
A. The Commission shall, after notice and opportunity for hearing, (i) determine the components of default service and (ii) establish one or more programs making such services available to retail customers requiring them commencing with the availability throughout the Commonwealth of customer choice for all retail customers as established pursuant to § 56-577. For purposes of this chapter, "default service" means service made available under this section to retail customers who (i) do not affirmatively select a supplier, (ii) are unable to obtain service from an alternative supplier, or (iii) have contracted with an alternative supplier who fails to perform.
B. From time to time, the Commission shall designate one or more providers of default service. In doing so, the Commission:
1. Shall take into account the characteristics and qualifications of prospective providers, including proposed rates, experience, safety, reliability, corporate structure, access to electric energy resources necessary to serve customers requiring such services, and other factors deemed necessary to ensure the reliable provision of such services, to prevent the inefficient use of such services, and to protect the public interest;
2. May periodically, as necessary, conduct competitive bidding processes under procedures established by the Commission and, upon a finding that the public interest will be served, designate one or more willing and suitable providers to provide one or more components of such services, in one or more regions of the Commonwealth, to one or more classes of customers;
3. To the extent that default service is not provided pursuant to a designation under subdivision 2, may require a distributor to provide, in a safe and reliable manner, one or more components of such services, or to form an affiliate to do so, in one or more regions of the Commonwealth, at rates determined pursuant to subsection C and for periods specified by the Commission; however, the Commission may not require a distributor, or affiliate thereof, to provide any such services outside the territory in which such distributor provides service; and
4. Notwithstanding imposition on a distributor by the Commission of the requirement provided in subdivision 3, the Commission may thereafter, upon a finding that the public interest will be served, designate through the competitive bidding process established in subdivision 2 one or more willing and suitable providers to provide one or more components of such services, in one or more regions of the Commonwealth, to one or more classes of customers.
C. If a distributor is required to provide default services pursuant to subdivision B 3, after notice and opportunity for hearing, the Commission shall periodically, for each distributor, determine the rates, terms and conditions for default services, taking into account the characteristics and qualifications set forth in subdivision B 1, as follows:
1. Until the expiration or termination of capped rates, the rates for default service provided by a distributor shall equal the capped rates established pursuant to subdivision A 2 of § 56-582. After the expiration or termination of such capped rates, the rates for default services shall be based upon competitive market prices for electric generation services.
2. The Commission shall, after notice and opportunity for hearing, determine the rates, terms and conditions for default service by such distributor on the basis of the provisions of Chapter 10 (§ 56-232 et seq.) of this title, except that the generation-related components of such rates shall be (i) based upon a plan approved by the Commission as set forth in subdivision 3 or (ii) in the absence of an approved plan, based upon prices for generation capacity and energy in competitive regional electricity markets.
3. Prior to a distributor's provision of default service, and upon request of such distributor, the Commission shall review any plan filed by the distributor to procure electric generation services for default service. The Commission shall approve such plan if the Commission determines that the procurement of electric generation capacity and energy under such plan is adequately based upon prices of capacity and energy in competitive regional electricity markets. If the Commission determines that the plan does not adequately meet such criteria, then the Commission shall modify the plan, with the concurrence of the distributor, or reject the plan.
4. a. For purposes of this subsection, in determining whether regional electricity markets are competitive and rates for default service, the Commission shall consider (i) the liquidity and price transparency of such markets, (ii) whether competition is an effective regulator of prices in such markets, (iii) the wholesale or retail nature of such markets, as appropriate, (iv) the reasonable accessibility of such markets to the regional transmission entity to which the distributor belongs, and (v) such other factors it finds relevant. As used in this subsection, the term "competitive regional electricity market" means a market in which competition, and not statutory or regulatory price constraints, effectively regulates the price of electricity.
b. If, in establishing a distributor's default service generation rates, the Commission is unable to identify regional electricity markets where competition is an effective regulator of rates, then the Commission shall establish such distributor's default service generation rates by setting rates that would approximate those likely to be produced in a competitive regional electricity market. Such proxy generation rates shall take into account: (i) the factors set forth in subdivision C 4 a, and (ii) such additional factors as the Commission deems necessary to produce such proxy generation rates.
D. In implementing this section, the Commission shall take into consideration the need of default service customers for rate stability and for protection from unreasonable rate fluctuations.
E. On or before July 1, 2004, and annually thereafter, the Commission shall
determine, after notice and opportunity for hearing, whether there is a
sufficient degree of competition such that the elimination of default service
for particular customers, particular classes of customers or particular
geographic areas of the Commonwealth will not be contrary to the public
interest. The Commission shall report its findings and recommendations
concerning modification or termination of default service to the General
Assembly and to the Legislative Transition Task Force Commission on Electric
Utility Restructuring, not later than December 1, 2004, and annually
thereafter.
F. A distribution electric cooperative, or one or more affiliates thereof, shall have the obligation and right to be the supplier of default services in its certificated service territory. A distribution electric cooperative's rates for such default services shall be the capped rate for the duration of the capped rate period and shall be based upon the distribution electric cooperative's prudently incurred cost thereafter. Subsections B and C shall not apply to a distribution electric cooperative or its rates. Such default services, for the purposes of this subsection, shall include the supply of electric energy and all services made competitive pursuant to § 56-581.1. If a distribution electric cooperative, or one or more affiliates thereof, elects or seeks to be a default supplier of another electric utility, then the Commission shall designate the default supplier for that distribution electric cooperative, or any affiliate thereof, pursuant to subsection B.
§ 56-592. Consumer education and protection; Commission report to Commission Electric Utility Restructuring.
A. The Commission shall develop a consumer education program designed to provide the following information to retail customers during the period of transition to retail competition and thereafter:
1. Opportunities and options in choosing (i) suppliers and aggregators of electric energy and (ii) any other service made competitive pursuant to this chapter;
2. Marketing and billing information suppliers and aggregators of electric energy will be required to furnish retail customers;
3. Retail customers' rights and obligations concerning the purchase of electric energy and related services; and
4. Such other information as the Commission may deem necessary and appropriate in the public interest.
B. The Commission shall complete the development of the consumer education
program described in subsection A, and report its findings and recommendations
to the Legislative Transition Task Force Commission on Electric Utility
Restructuring on or before December 1, 1999, and as frequently thereafter as
may be required by the Task Force such Commission concerning:
1. The scope of such recommended program consistent with the requirements of subsection A;
2. Materials and media required to effectuate any such program;
3. State agency and nongovernmental entity participation;
4. Program duration;
5. Funding requirements and mechanisms for any such program; and
6. Such other findings and recommendations the Commission deems appropriate in the public interest.
C. The Commission shall develop regulations governing marketing practices by public service companies, licensed suppliers, aggregators or any other providers of services made competitive by this chapter, including regulations to prevent unauthorized switching of suppliers, unauthorized charges, and improper solicitation activities. The Commission shall also establish standards for marketing information to be furnished by licensed suppliers, aggregators or any other providers of services made competitive by this chapter during the period of transition to retail competition, and thereafter, which information shall include standards concerning:
1. Pricing and other key contract terms and conditions;
2. To the extent feasible, fuel mix and emissions data on at least an annualized basis;
3. Customer's rights of cancellation following execution of any contract;
4. Toll-free telephone number for customer assistance; and
5. Such other and further marketing information as the Commission may deem necessary and appropriate in the public interest.
D. The Commission shall also establish standards for billing information to be furnished by public service companies, suppliers, aggregators or any other providers of services made competitive by this chapter during the period of transition to retail competition, and thereafter. Such billing information standards shall require that billing formation:
1. Distinguishes between charges for regulated services and unregulated services;
2. Itemizes any and all nonbypassable wires charges;
3. Is presented in a format that complies with standards to be established by the Commission;
4. Discloses, to the extent feasible, fuel mix and emissions data on at least an annualized basis; and
5. Includes such other billing information as the Commission deems necessary and appropriate in the public interest.
E. The Commission shall establish or maintain a complaint bureau for the purpose of receiving, reviewing and investigating complaints by retail customers against public service companies, licensed suppliers, aggregators and other providers of any services made competitive under this chapter. Upon the request of any interested person or the Attorney General, or upon its own motion, the Commission shall be authorized to inquire into possible violations of this chapter and to enjoin or punish any violations thereof pursuant to its authority under this chapter, this title, and under Title 12.1. The Attorney General shall have a right to participate in such proceedings consistent with the Commission's Rules of Practice and Procedure.
F. The Commission shall establish reasonable limits on customer security deposits required by public service companies, suppliers, aggregators or any other persons providing competitive services pursuant to this chapter.
§ 56-592.1. Consumer education program; scope and funding.
A. The Commission shall establish and implement a consumer education program in
conjunction with the implementation of this chapter. In establishing such a
program, the Commission shall take into account findings and recommendations in
the Commission's December 1, 1999, report to the Legislative Transition Task
Force made pursuant to § 56-592, the predecessor of the Commission on Electric
Utility Restructuring.
B. The program shall be designed to (i) enable consumers to make rational and informed choices about energy providers in a competitive retail market, (ii) help consumers reduce transaction costs in selecting energy suppliers, and (iii) foster compliance with the consumer protection provisions of this chapter, and those contained in other laws of this Commonwealth, by all participants in a competitive retail market.
C. The Commission shall regularly consult with representatives of consumer organizations, community-based groups, state agencies, incumbent utilities, competitive suppliers and other interested parties throughout the program's implementation and operation.
D. Pursuant to the provisions of § 56-595 30-205, the Commission shall provide
periodic updates to the Legislative Transition Task Force Commission on
Electric Utility Restructuring concerning the program's implementation and
operation.
E. The Commission shall fund the establishment and operation of such consumer education program through the special regulatory revenue tax currently authorized by § 58.1-2660 and the special regulatory tax authorized by Chapter 29 (§ 58.1-2900 et seq.) of Title 58.1.
§ 56-596. Advancing competition.
A. In all relevant proceedings pursuant to this Act, the Commission shall take into consideration, among other things, the goals of advancement of competition and economic development in the Commonwealth.
B. By September 1 of each year, the Commission shall report to the Legislative
Transition Task Force Commission on Electric Utility Restructuring and the
Governor information on the status of competition in the Commonwealth, the
status of the development of regional competitive markets, and its
recommendations to facilitate effective competition in the Commonwealth as soon
as practical. This report shall include any recommendations of actions to be
taken by the General Assembly, the Commission, electric utilities, suppliers,
generators, distributors and regional transmission entities it considers to be
in the public interest. Such recommendations shall include actions regarding
the supply and demand balance for generation services, new and existing
generation capacity, transmission constraints, market power, suppliers licensed
and operating in the Commonwealth, and the shared or joint use of generation
sites.
§ 58.1-202.2. Public-private partnerships.
A. The Tax Commissioner is hereby authorized through the Department of General Services in accordance with the Virginia Public Procurement Act to enter into public-private partnership contracts to finance agency technology needs. The Tax Commissioner may issue a request for information to seek out potential private partners interested in providing programs pursuant to an agreement under this section. The compensation for such services shall be computed with reference to and paid from the increased revenue attributable to the successful implementation of the technology program for the period specified in the contract.
B. An external oversight group including, but not limited to, the State
Comptroller, the Director of the Department of Planning and Budget, the State Internal Auditor,
one representative appointed by the President pro tempore of the Senate, and
one representative appointed by the Speaker of the House of Delegates shall be
responsible for reviewing and approving subcommittee, hereinafter referred to
as the "subcommittee" is established as an advisory group in the executive
branch of state government to review and approve the terms of contracts under
this section relating to the measurement of the revenue attributable to the
technology program. The external oversight subcommittee shall include 5
members, which includes 2 nonlegislative citizen members and 3 ex officio
members. The members shall be appointed as follows: 1 nonlegislative citizen at
large, upon the recommendation of the President pro tempore of the Senate, to
be appointed by the Senate Committee on Privileges and Elections; 1
nonlegislative citizen at-large, to be appointed by the Speaker of the House;
and the State Comptroller, the Director of the Department of Planning and Budget, and
the State Internal Auditor, as ex officio voting members. Nonlegislative
citizen members shall be citizens of the Commonwealth of Virginia.
Ex officio members shall serve terms coincident with their terms of office. Initial appointments of nonlegislative citizen members shall be staggered as follows: 1 member for a term of 4 years appointed by the Senate Committee on Privileges and Elections, and 1 member for a term of 2 years appointed by the Speaker of the House. Thereafter, nonlegislative citizen members shall be appointed for a term of 4 years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. All members may be reappointed. However, no nonlegislative citizen member shall serve more than 2 consecutive 4-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. Vacancies shall be filled in the same manner as the original appointments.
The Tax Commissioner shall preside over meetings of the subcommittee. A majority of the voting members shall constitute a quorum. The meetings of the subcommittee shall be held at the call of the Tax Commissioner or whenever the majority of the voting members so request.
Members shall receive such compensation for the performance of their duties as provided in § 2.2-2813. All members shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of compensation and expenses of the members shall be provided by the Department of Taxation.
The Tax Commissioner shall prepare submit to the Governor and the General
Assembly an annual report to the Governor and General Assembly on executive
summary of the interim activity and work of the subcommittee,
including all agreements under this section, describing each technology
program, its progress, revenue impact, and such other information as may be
relevant, no later than the first day of each regular session of the
General Assembly. The executive summary shall be submitted as provided in the procedures
of the Division of Legislative Automated Systems for the processing of legislative
documents and reports and shall be posted on the General Assembly's website.
C. The Tax Commissioner shall determine annually the total amount of increased revenue attributable to the successful implementation of a technology program under this section and such amount shall be deposited in a special fund known as the Technology Partnership Fund (the "Fund"). The Tax Commissioner is authorized to use moneys deposited in the Fund to pay private partners pursuant to the terms of contracts under this section. All moneys in excess of that required to be paid to private partners, as determined by the Department, shall be reported to the Comptroller and transferred to the appropriate general or nongeneral fund.
§ 62.1-69.26. Rappahannock River Basin Commission; establishment.
The Rappahannock River Basin Commission, hereinafter referred to as the
"Commission," is established as an advisory commission in the executive branch
of state government. The Commission shall be established upon passage of a
resolution by two-thirds of the Rappahannock River Basin's localities of a
resolution comprising the Senatorial and House of Delegates Districts named in
§ 62.1-69.25 that commits them to participate in the Commission as
described in this chapter. The resolution shall contain the following language:
"The (jurisdiction's governing body) does hereby agree to become a member of and participate in the Rappahannock River Basin Commission as described in Chapter 553 of the Acts of Assembly of 1998."
§ 62.1-69.26:1. Membership; terms; vacancies; chairman and vice chairman; quorum; meetings.
A. The Commission shall consist of 38 members, which includes 17 legislative members and 21 nonlegislative citizen members. The members shall be appointed as follows: 7 members of the Senate, 1 each representing the Fourth, Seventeenth, Twenty-fourth, Twenty-fifth, Twenty-sixth, Twenty-seventh, and Twenty-eighth Senatorial Districts, to be appointed by the Senate Committee on Privileges and Elections; 10 members of the House of Delegates, 1 each representing the Fifteenth, Eighteenth, Twenty-eighth, Thirtieth, Thirty-first, Fifty-fourth, Fifty-eighth, Eighty-eighth, Ninety-eighth, and Ninety-ninth House of Delegates Districts, to be appointed by the Speaker of the House; 9 nonlegislative citizen members, 1 each of the elected governing bodies of the Counties of Albemarle, Caroline, Culpeper, Essex, Fauquier, Gloucester, Greene, King and Queen, and the City of Fredericksburg, which at any time has passed a resolution containing the language required by § 62.1-69.26, upon the recommendation of the respective local governing bodies, to be appointed by the Senate Committee on Privileges and Elections; 10 nonlegislative citizen members, 1 each of the elected local governing bodies of the Counties of King George, Lancaster, Madison, Middlesex, Orange, Rappahannock, Richmond, Spotsylvania, Stafford, and Westmoreland, which at any time has passed a resolution containing the language required by § 62.1-69.26, upon the recommendation of the respective local governing bodies, to be appointed by the Speaker of the House; and 2 representatives of the Soil and Water Conservation Districts located wholly or partially within the Rappahannock River Basin, 1 each to be appointed by the Senate Committee on Privileges and Elections, and the Speaker of the House. Nonlegislative citizen members shall be citizens of the Commonwealth of Virginia.
Legislative members and nonlegislative citizen members shall serve terms coincident with their terms of office. Initial appointments of nonlegislative citizen members representing local governing bodies and soil and water conservation districts shall be for a term of 1 year. Thereafter, nonlegislative citizen members shall be appointed for a term of 4 years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. All members may be reappointed. However, no Senate member shall serve more than 2 consecutive 4-year terms, no House member shall serve more than 4 consecutive 2-year terms, and no nonlegislative citizen member shall serve more that 2 consecutive 4-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. Vacancies shall be filled in the same manner as the original appointments.
The Commission shall elect a chairman and vice chairman from among its membership. A majority of the voting members shall constitute a quorum. The Commission shall meet at least 4 times each year. The meetings of the Commission shall be held at the call of the chairman or whenever the majority of the voting members so request.
§ 62.1-69.31:1. Compensation; expenses; funding; audit.
A. Legislative members of the Commission shall receive compensation as provided in § 30-19.12, and nonlegislative citizen members shall receive such compensation for the performance of their duties as provided in § 2.2-2813. All members shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of compensation and expenses of the members shall be provided by the Department of Environmental Quality.
B. The Commission shall adopt a budget annually, which shall include the Commission's estimated expenses. The funding of the Commission shall be apportioned between state government and the local governing bodies represented on the Commission. The Commonwealth's contribution shall be set through the normal state appropriations process. The Commission's nonlegislative citizen members shall determine a process for apportioning the Commission's estimated expenses among the governing bodies represented on the Commission.
C. The Commission's fiscal year shall be the same as the Commonwealth's. The Commission shall annually designate a fiscal agent.
D. The accounts and records of the Commission showing the receipt and disbursement of funds from whatever source derived shall be in such form as the Auditor of Public Accounts prescribes, provided that such accounts shall correspond as nearly as possible to the accounts and records for such matters maintained by similar enterprises. The accounts and records of the Commission shall be subject to an annual audit by the Auditor of Public Accounts or his legal representative, and the costs of such audit services shall be borne by the Commission. The results of the audits shall be submitted to the chief elected officers of the local governing bodies represented on the Commission, the members of the Senate and the House of Delegates who serve on the Commission, the chairmen of the Senate Committee on Finance and the House Committee on Appropriations, and the Secretary of Natural Resources.
§ 62.1-69.31:2. Withdrawal of localities; dissolution of Commission.
A. A locality may withdraw from the Commission one year after providing a written notice to the Commission of its intent to do so.
B. The Commission may dissolve itself upon a two-thirds vote of all members.
C. The Commission may be dissolved by repeal of this chapter.
D. The Commission shall be dissolved if the membership of the Commission falls below two-thirds of the localities eligible to participate on the Commission.
E. Upon the Commission's dissolution, all local funds and assets of the Commission shall be divided on a pro rata basis among the local governing bodies represented on the Commission. The Commonwealth's share of the funds and assets shall be transferred to the Office of the Secretary of Natural Resources for appropriate distribution.
§ 62.1-69.31:3. Chairman's executive summary of activity and work of the Commission.
The chairman shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Commission no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§ 62.1-69.34. Virginia Roanoke River Basin Advisory Committee established; membership; terms of office.
A. The Virginia Roanoke River Basin Advisory Committee, hereinafter referred to
as the "Committee," is hereby established in the executive branch of state
government as an advisory committee to the Virginia delegation to the Roanoke
River Basin Bi-State Commission, to . The Committee shall assist the delegation
in fulfilling the its duties and carrying out the objectives of the Commission,
pursuant to § 62.1-69.35 62.1-69.39. The advisory committee shall be composed
of eighteen 26 members to, which includes 11 legislative members and 11
nonlegislative citizen members, and 4 ex officio members. Members shall be
appointed as follows: two 7 members of the Senate, whose districts include a
part of the Virginia portion of the Roanoke River Basin, 1 each representing
the Fifieth, Eighteenth, Nineteenth, Twentieth, Twenty-first, Twenty-second,
and Twenty-third Senatorial Districts, to be appointed by the Senate Committee
on Privileges and Elections; four 4 members of the House of Delegates, whose
districts include a part of the Virginia portion of the Roanoke River Basin1
each representing the Eighth, Tenth, Sixtieth, and Sixty-first House of
Delegates Districts, to be appointed by the Speaker of the House, in accordance
with the principles of proportional representation contained in the Rules of the
House of Delegates; the Virginia member of the U.S. House of Representatives,
whose district includes the largest portion of the Basin, or his designee, if he
elects to serve on the advisory committee; ten 11 nonlegislative citizen
members selected by the legislative members of the advisory committee
such that two are chosen from recommendations of whom each of the following:
the 2 each shall be members of the Central Virginia Planning District
Commission, and the West Piedmont Planning District Commission, and 1 shall be
a member of the New River Valley Planning District Commission, upon the
recommendation of the respective planning district commissions, to be appointed
by the Senate Committee on Privileges and Elections; 2 each shall be members of
the Southside Planning District Commission, the Piedmont Planning District
Commission, and the Roanoke Valley Alleghany Planning District Commission; and
one member selected by the legislative members of the advisory committee from among
recommendations submitted by the New River Valley Planning District Commission,
upon the recommendation of the respective planning district commissions, to be appointed
by the Speaker of the House; and the Virginia member of the U.S. House of
Representatives, whose district includes the largest portion of the Basin, or his
designee, and 3 representatives of the State of North Carolina appointed
in a manner as the General Assembly of North Carolina may determine
appropriate. Nonlegislative citizen members shall be citizens of the
Commonwealth of Virginia, all to serve ex officio without voting privileges. Of
the recommendations submitted by planning district commissions authorized to
recommend two 2 members, one 1 member shall be a nonlegislative citizen who
resides within the respective planning district. However, the New River Valley
Planning District Commission may recommend either a 1 nonlegislative
citizen at-large who resides within the planning district or a 1 member,
who at the time of the recommendation, is serving as an elected member or an employee of a local
governing body, or a 1 member of the board of directors or an employee of the
planning district commission. All persons recommended by the planning district
commissions to serve as members of the advisory committee shall reside within
the Basin's watershed, represent the diversity of interests in the
jurisdictions comprising the respective planning district commissions, and
demonstrate interest, experience, or expertise in water-related Basin issues.
In addition, persons representing the interests of the State of North Carolina who
may be appointed to the advisory committee shall serve as non-voting ex officio
members.
The advisory committee shall elect a chairman and a vice-chairman from among
its members.
B. State and federal legislative members appointed to the advisory committee
and ex officio members shall serve terms coincident with their terms
of office. Members recommended by planning district commissions to serve on the
advisory committee and ex officio members representing the State of North Carolina
shall serve a term of two years. Initially, planning district commissions authorized
to recommend two members to the advisory committee Initial appointments of
nonlegislative citizen members shall recommend one member for a term of two
years and one member for a term of one year. However, the member recommended to serve on
the advisory committee by the New River Valley Planning District Commission shall serve a
term of one year. be staggered as follows: 2 members for a term of 2 years and
3 members for a term of 1 year appointed by the Senate Committee on Privileges
and Elections; and 3 members for a term of 2 years and 3 members for a term of
1 year appointed by the Speaker of the House. Thereafter, the nonlegislative
citizen members shall be appointed for a term of office of members recommended
by planning district commissions shall be for two 2 years. Members Appointments
to fill vacancies, other than by expiration of a term, shall be for the
unexpired terms. All members may be reappointed. Nonlegislative citizen
members recommended by planning district commissions shall be eligible for
reappointment, if such members shall have attended at least one-half of all
meetings of the Commission during their current term of service. However, no
Senate member shall serve more than 2 consecutive 4-year terms, no House member
shall serve more than 4 consecutive 2-year terms, and no nonlegislative citizen
member recommended by a planning district commission shall serve more than
three 4 consecutive two2-year terms. Appointments to fill vacancies shall
be made for the unexpired terms. The remainder of any term to which a member is
appointed to fill a vacancy shall not constitute a term in determining the member's
eligibility for reappointment. Vacancies shall be filled in the same manner as
the original appointment appointments.
The advisory committee shall elect a chairman and a vice chairman from among its voting members. A majority of the voting members shall constitute a quorum. The advisory committee shall meet at least 4 times each year. The meetings of the advisory committee shall be held at the call of the chairman or whenever the majority of the voting members so request.
§ 62.1-69.35. Compensation and expenses of advisory committee members.
Legislative members of the advisory committee shall receive such compensation as provided in § 30-19.12, and nonlegislative members shall receive such compensation for the performance of their duties as provided in § 2.2-2813. All members shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of compensation and expenses of members shall be provided by the Department of Environmental Quality.
§ 62.1-69.35:1. Staffing.
The Department of Environmental Quality shall provide staff support to the advisory committee. All agencies of the Commonwealth shall provide assistance to the advisory committee, upon request.
§ 62.1-69.35:2. Chairman's executive summary of activity and work of the advisory committee.
The chairman shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the advisory committee no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§ 62.1-69.38. Membership; terms of office; eligibility for appointment.
A. The Commission shall be composed of eighteen 18 voting members with each
state appointing nine, which includes 9 legislative members representing the
Commonwealth of Virginia and 9 legislative members representing the State of
North Carolina. The Virginia delegation shall consist of the six state 6
legislative members and 3 nonlegislative citizen members appointed to the
Virginia Roanoke River Basin Advisory Committee by the Senate Committee on
Privileges and Elections and the Speaker of the House of Delegates, and three
nonlegislative members of the Virginia Roanoke River Basin Advisory Committee,
who represent different geographical areas of the Virginia portion of the
Roanoke River Basin, to be appointed by the Governor of Virginia. Members shall
be appointed as follows: 2 Senate members of the advisory committee, to be
appointed by the Senate Committee on Privileges and Elections; 4 House members
of the advisory committee, to be appointed by the Speaker of the House, in
accordance with the principles of proportional representation contained in the
Rules of the House of Delegates; and 3 nonlegislative citizen members of the
advisory committee, who shall represent different geographical areas of the
Virginia portion of the Roanoke River Basin, to be appointed by the Governor.
The North Carolina delegation to the Commission shall be appointed as
determined by the State of North Carolina. All members appointed to the
Commission by the Commonwealth of Virginia and the State of North Carolina
shall reside within the Basin's watershed. Members of the Virginia House of
Delegates and the Senate of Virginia, the North Carolina House of
Representatives and Senate, and federal legislators, who have not been
appointed to the Commission and whose districts include any portion of the
Basin, may serve as nonvoting ex officio members of the Commission.
B. The terms of office for appointed years Legislative members of the Virginia
delegation and federal legislators and local government officials, whether appointed or ex officio, shall serve terms
coincident with their terms of office. Nonlegislative citizen members shall be
two appointed to serve a 2-year term, unless the member is reappointed by
the appointing authorities of each state. Appointments to fill vacancies shall
be made for the unexpired terms. Vacancies shall be filled in the same manner
as the original appointment. State and federal legislators and local government
officials, whether appointed or ex officio, shall serve terms coincident with their
terms of office.
C. Each state's delegation to the Commission may meet separately to discuss Basin-related issues affecting their state, and may report their findings independently of the Commission.
§ 62.1-69.43. Compensation and expenses of Commission members.
A. Legislative members of the Virginia delegation to the Commission shall
receive such compensation as provided in § 30-19.12, and nonlegislative members
shall receive such compensation for the performance of their duties as provided
in § 2.2-2813. All members shall be reimbursed for reasonable and necessary
expenses incurred in the performance of their duties as provided in §§ 2.2-2813
and 2.2-2825. However, all such expenses shall be paid from existing
appropriations and funds provided to the Commission Funding for the costs of
compensation and expenses of members shall be provided by the Department of Environmental
Quality.
1. Members of the Virginia House of Delegates and the Senate of Virginia, and members of the Virginia Congressional delegation, who have not been appointed to the Commission, whose districts include any portion of the Basin, and who serve as nonvoting ex officio members of the Commission shall serve without compensation and expenses.
2. Nonlegislative citizen members appointed to any standing committees or ad hoc committees shall serve without compensation and expenses.
B. The North Carolina members of the Commission shall receive per diem, subsistence, and travel expenses as follows:
1. Ex officio legislative members who are members of the General Assembly at the rate established in North Carolina G.S. 138-6;
2. Commission members who are officials or employees of the State or of local government agencies at the rate established in North Carolina G.S. 138-6; and
3. All other members at the rate established in North Carolina G.S. 138-5.
2. That Article 3 (§§ 2.2-2709 and 2.2-2710) of Chapter 27 of Title 2.2 and §§ 2.2-2709, 56-595, 62.1-69.29, 62.1-69.32, and 62.69.33 of the Code of Virginia are repealed.
3. That Chapter 476 of the Acts of Assembly of 2002 is repealed.
4. That Chapter 657 of the Acts of Assembly of 2002 is repealed.
5. That the current members of the Legislative Transition Task Force appointed pursuant to § 56-595 and any members appointed to fill vacancies of such members shall serve as members of the Commission on Electric Utility Restructuring and shall have terms that expire on July 1, 2005.
6. That whenever any reference is made in law or other provision approved by the General Assembly to the former Legislative Transition Task Force, such reference shall be construed to apply mutatis mutandis to the Commission on Electric Utility Restructuring.
7. All current members of the collegial bodies whose terms have been modified by this act shall be eligible, if reappointed, to the full number of terms provided by this act regardless of prior service.
8. Notwithstanding the provisions of § 2.2-2424, beginning July 1, 2004, the Governor shall stagger the terms of his appointments to the Virginia-Israel Advisory Board as follows: 3 members shall serve initial terms of 1 year; 3 members shall serve initial terms of 2 years; 3 members shall serve initial terms of 3 years; and 4 members shall serve initial terms of 4 years. Thereafter, all members appointed by the Governor shall serve terms of 4 years.