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1996 SESSION
964903813Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-1.7, 2.1-20.4, 2.1-51.15, 9-6.25:2, 9-268, 9-271, 9-291.1, 63.1-196.5, 63.1-211.2, and 63.1-314.8 of the Code of Virginia are amended and reenacted as follows:
§ 2.1-1.7. State councils.
A. There shall be, in addition to such others as may be established by law, the following permanent collegial bodies either affiliated with more than one agency or independent of an agency within the executive branch:
Adult Education and Literacy, Virginia Advisory Council for
Agricultural Council, Virginia
Alcohol and Drug Abuse Problems, Governor's Council on
Apprenticeship Council
Blue Ridge Regional Education and Training Council
Child Day Care and Early Childhood Programs, Virginia Council on
Child Day-Care Council
Citizens' Advisory Council on Furnishing and Interpreting the Executive Mansion
Commonwealth Competition Council
Commonwealth's Attorneys' Services Council
Developmental Disabilities Planning Council, Virginia
Disability Services Council
Equal Employment Opportunity Council, Virginia
Health Services Cost Review Council, Virginia
Housing for the Disabled, Interagency Coordinating Council on
Human Rights, Council on
Human Services Information and Referral Advisory Council
Indians, Council on
Interagency Coordinating Council, Virginia
Job Training Coordinating Council, Governor's
Land Evaluation Advisory Council
Local Debt, State Council on
Maternal and Child Health Council
Military Advisory Council, Virginia
Needs of Handicapped Persons, Overall Advisory Council on the
Prevention, Virginia Council on Coordinating
Public Records Advisory Council, State
Rate-setting for Children's Facilities, Interdepartmental Council on
Revenue Estimates, Advisory Council on
Southside Virginia Marketing Council
Specialized Transportation Council
State Health Benefits Advisory Council
Status of Women, Council on the
Technology Council, Virginia
Virginia Business-Education Partnership Program, Advisory Council on the
Virginia Recycling Markets Development Council.
B. Notwithstanding the definition for "council" as provided in § 2.1-1.2, the following entities shall be referred to as councils:
Council on Information Management
Higher Education, State Council of
Independent Living Council, Statewide
Rehabilitation Advisory Council, Statewide
Rehabilitation Advisory Council for the Blind, Statewide
World Trade Council, Virginia.
§ 2.1-20.4. Bodies receiving compensation.
A. Notwithstanding any other provision of law, the following commissions, boards, etc., shall be those which receive compensation from state funds pursuant to § 2.1-20.3:
Accountancy, Board for
Agriculture and Consumer Services, Board of
Air Pollution Control Board, State
Airports Authority, Virginia
Apprenticeship Council
Architects, Professional Engineers, Land Surveyors and Landscape Architects, State Board for
Athletic Board, Virginia
Auctioneers Board
Audiology and Speech-Language Pathology, Board of
Aviation Board, Virginia
Barbers, Board for
Branch Pilots, Board for
Building Code Technical Review Board, State
(Effective July 1, 1996) Charitable Gaming Commission
Chesapeake Bay Local Assistance Board
Child Day Care and Early Childhood Programs, Virginia Council on
Coal Mining Examiners, Board of
College Building Authority
Commonwealth Competition Council
Commonwealth Transportation Board
Conservation and Development of Public Beaches, Board on
Conservation and Recreation, Board of
Contractors, Board for
Correctional Education, Board of
Corrections, Board of
Cosmetology, Board for
Criminal Justice Services Board
Deaf and Hard-of-Hearing, Advisory Board for the
Dentistry, Board of
Education, State Board of
Education Loan Authority, Virginia - Board of Directors
Elections, State Board of
Environment, Council on the
Fire Services Board, Virginia
Funeral Directors and Embalmers, Board of
Game and Inland Fisheries, Board of
Geology, Board for
Health, State Board of
Health Professions, Board of
Hearing Aid Specialists, Board for
Higher Education, State Council of
Historic Resources, Board of
Housing and Community Development, Board of
Information Management, Council on
Marine Resources Commission
Medical Assistance Services, Board of
Medical Complaint Investigation Committee
Medicine, Board of
Mental Health, Mental Retardation and Substance Abuse Services Board, State
Milk Commission
Mineral Mining Examiners, Board of
Motor Vehicle Dealer Board
Nursing, Board of
Nursing Home Administrators, Board of
Occupational Therapy, Advisory Board on
Oil and Gas Conservation Board, Virginia
Opticians, Board for
Optometry, Board of
Pesticide Control Board
Pharmacy, Board of
Physical Therapy, Advisory Board on
Port Authority, Board of Commissioners of the Virginia
Professional and Occupational Regulation, Board for
Professional Counselors, Board of
Professional Soil Scientists, Board for
Psychology, Board of
Public Defender Commission
Public School Authority, Virginia
Purchases and Supply Appeals Board
Real Estate Appraiser Board
Real Estate Board
Recreation Specialists, Board of
Rehabilitative Services, Board of
Respiratory Therapy, Advisory Board on
Safety and Health Codes Board
Seed Potato Board
Social Services, Board of
Social Work, Board of
State Health Department Sewage Handling and Disposal Appeal Review Board
Substance Abuse Certification Board
Surface Mining Review, Board of
Treasury Board
Veterans' Affairs, Board on
Veterinary Medicine, Board of
Virginia Board for Asbestos Licensing
Virginia Health Planning Board
Virginia Manufactured Housing Board
Virginia Veterans Care Center Board of Trustees
Virginia Waste Management Board
Visually Handicapped, Virginia Board for the
(Contingent repeal - See Editor's note) Waste Management Facility Operators, Board for
Water Control Board, State
Waterworks and Wastewater Works Operators, Board for
Well Review Board, Virginia
Youth and Family Services, State Board of.
B. Individual members of boards, commissions, committees, councils, and other similar bodies appointed at the state level and receiving compensation for their services on January 1, 1980, but who will not receive compensation under the provisions of this article, shall continue to receive compensation at the January 1, 1980, rate until such member's current term expires.
§ 2.1-51.15. Agencies for which responsible.
The Secretary of Health and Human Resources shall be responsible to the
Governor for the following agencies: Department of Health, Department for the
Visually Handicapped, Department of Health Professions, Department for the
Aging, Department of Mental Health, Mental Retardation and Substance Abuse
Services, Department of Rehabilitative Services, Department of Social Services,
Virginia Health Services Cost Review Council, Department for Rights of
Virginians With Disabilities, Department of Medical Assistance Services, the
Council on Indians, Governor's Employment and Training Department, Child
Day-Care Council, Virginia Department for the Deaf and Hard-of-Hearing,
and the Virginia Council on Coordinating Prevention and the
Virginia Council on Child Day Care and Early Childhood Programs. The
Governor may, by executive order, assign any other state executive agency to
the Secretary of Health and Human Resources, or reassign any agency listed
above to another secretary.
§ 9-6.25:2. Policy boards, commissions and councils.
There shall be, in addition to such others as may be designated in accordance with § 9-6.25, the following policy boards, commissions and councils:
Apprenticeship Council
Athletic Board
Auctioneers Board
Blue Ridge Regional Education and Training Council
Board for Accountancy
Board for Architects, Professional Engineers, Land Surveyors and Landscape Architects
Board for Barbers
Board for Contractors
Board for Cosmetology
Board for Geology
Board for Hearing Aid Specialists
Board for Opticians
Board for Professional and Occupational Regulation
Board for Professional Soil Scientists
Board for Waterworks and Wastewater Works Operators
Board of Agriculture and Consumer Services
Board of Audiology and Speech-Language Pathology
Board of Coal Mining Examiners
Board of Conservation and Recreation
Board of Correctional Education
Board of Dentistry
Board of Directors, Virginia Student Assistance Authorities
Board of Funeral Directors and Embalmers
Board of Health Professions
Board of Historic Resources
Board of Housing and Community Development
Board of Medical Assistance Services
Board of Medicine
Board of Mineral Mining Examiners
Board of Nursing
Board of Nursing Home Administrators
Board of Optometry
Board of Pharmacy
Board of Professional Counselors
Board of Psychology
Board of Recreation Specialists
Board of Social Services
Board of Social Work
Board of Surface Mining Review
Board of Veterinary Medicine
Board on Conservation and Development of Public Beaches
Chesapeake Bay Local Assistance Board
Child Day Care and Early Childhood Programs, Virginia Council on
Child Day-Care Council
Commission on Local Government
Commonwealth Transportation Board
Council on Human Rights
Council on Information Management
Criminal Justice Services Board
Disability Services Council
Farmers Market Board, Virginia
Immigrant and Refugee Policy Council
Interdepartmental Council on Rate-setting for Children's Facilities
Library Board, the Library of Virginia
Marine Resources Commission
Milk Commission
Pesticide Control Board
Real Estate Appraiser Board
Real Estate Board
Reciprocity Board, Department of Motor Vehicles
Safety and Health Codes Board
Seed Potato Board
Southside Virginia Marketing Council
Specialized Transportation Council
State Air Pollution Control Board
State Board of Corrections
State Board of Elections
State Board of Health
State Board of Youth and Family Services
State Health Department, Sewage Handling and Disposal Appeal Review Board
State Library Board
State Mental Health, Mental Retardation and Substance Abuse Services Board
State Water Control Board
Substance Abuse Certification Board
Treasury Board, The, Department of the Treasury
Virginia Aviation Board
Virginia Board for Asbestos Licensing
Virginia Fire Services Board
Virginia Gas and Oil Board
Virginia Health Planning Board
Virginia Health Services Cost Review Council
Virginia Manufactured Housing Board
Virginia Parole Board
Virginia Public Telecommunications Board
Virginia Soil and Water Conservation Board
Virginia Voluntary Formulary Board
Virginia Waste Management Board
Virginia World Trade Council.
(For repeal - See Editor's note) Waste Management Facility Operators, Board for.
§ 9-268. Virginia Council on Coordinating Prevention; members; terms.
The Virginia Council on Coordinating Prevention is hereby established. There
shall be one member each from the Advisory Board for the Aging, Council on
Child Day Care and Early Childhood Programs, Board of Correctional
Education, State Board of Corrections, State Board of Youth and Family
Services, Criminal Justice Services Board, State Board of Education, State
Board of Health, Board of Medical Assistance Services, State Mental Health,
Mental Retardation and Substance Abuse Services Board, Virginia Board for
People with Disabilities, and Board of Social Services, to be appointed by the
chairman of the respective board or council. Persons appointed to the Council
by virtue of their membership on a board or council listed above may serve on
the Council only while a member of the respective board or council and may not
serve on the Council for more than two consecutive terms.
Five members shall be representatives of the private sector who are interested
in prevention, to be appointed by the Governor. Representatives of the private
sector shall serve for terms of four years, except that two of the five
members initially appointed shall be appointed for three-year terms.
Members appointed to the Council by the Governor shall not be eligible to serve
more than two consecutive full terms.
The Secretary of Health and Human Resources shall be an ex officio member of the Council. The Governor shall appoint a chairman from the membership of the Council.
§ 9-271. Comprehensive Prevention Plan.
A Comprehensive Prevention Plan shall be jointly developed biennially by the following agencies:
Department for the Aging, Council on Child Day Care and Early Childhood
Programs, Department of Correctional Education, Department of
Corrections, Department of Youth and Family Services, Department of Criminal
Justice Services, Department of Education, Department of Health, Department of
Medical Assistance Services, Department of Mental Health, Mental Retardation
and Substance Abuse Services, Department for Rights of Virginians With
Disabilities, and Department of Social Services. The Secretary of Health and
Human Resources shall designate an agency to coordinate development of the
Plan. The Comprehensive Prevention Plan shall coordinate and integrate the
planning efforts of the state agencies listed above and the private sector in
order to provide a broad prevention agenda for the Commonwealth, enable
communities to design and implement prevention programs that meet the
identified needs of the community and facilitate the development of interagency
and broad-based community involvement in the development of prevention
programs. The Comprehensive Prevention Plan shall identify priority prevention
issues and challenges, prevention goals and objectives and public and private
strategies to achieve goals and objectives. For the purposes of the Plan,
prevention activities, issues and programs shall be those activities which
promote the objective identified in subsection B of § 9-270. The Plan
with a cost analysis of the proposed strategies shall be submitted to the House
Committee on Health, Welfare and Institutions and the Senate Committees on
Rehabilitation and Social Services and Education and Health for the purpose of
analysis, review and comment prior to implementation.
§ 9-291.1. (Effective until July 1, 1996) Commission created; powers and duties; appointment and terms of members; vacancies, etc.
A. There is hereby created the Commission on Early Childhood and Child Day Care Programs, hereinafter referred to as the Commission. The purpose of the Commission shall be, through its powers and performance of duties set forth in this chapter, to study and provide recommendations addressing the need for quality developmental early childhood and child day care programs and services. In so doing, it shall encourage the development of uniform policies and services to ensure the availability of quality, affordable and accessible early childhood and child day care programs and provide a forum for continuing the review and study of such programs and services. In addition to its own proposals, the Commission shall coordinate the proposals and recommendations of all commissions and agencies as to legislation affecting such programs and services.
B. The Commission shall be composed of twenty nineteen
members. The first members of the Commission so to serve shall be
the members of the Joint Commission on Health Care Studying Early Childhood and
Day Care Programs who served from January 1, 1990, to December 31, 1990.
Thereafter, appointments Appointments shall be made as
follows: seven members from the House of Delegates to be appointed by the
Speaker of the House; four members from the Senate to be appointed by the
Senate Committee on Privileges and Elections; and three citizens to be
appointed by the Governor, one of whom shall be a representative of the
business community, and one of whom shall be a representative of local
government. In addition, the Commissioner of Social Services, the
Superintendent of Public Instruction, the Director of the State Council of
Higher Education, the Chancellor of the Virginia Community College System,
the Executive Director of the Virginia Council on Child Day Care and Early
Childhood Programs, and the Chairman of the Child Day Care Council shall
serve as ex officio members with full voting privileges. The members of the
Commission shall elect a chairman and a vice-chairman annually.
All such members of the Commission shall serve until the expiration of their terms of office or until their successors shall qualify. However, the appointments of citizen members shall be for a term of five years. Subsequent appointments shall be made for similar terms, and vacancies shall be filled for the unexpired terms by the persons authorized to make the original appointments.
Commission members shall be compensated as specified in § 14.1-18, and shall be reimbursed for expenses incurred in the performance of their duties.
C. The Commission shall have the power and duty to:
1. Determine the number of at-risk four-year-olds in the Commonwealth and the number of such children who are not enrolled in developmental early childhood or child day care programs;
2. Determine the number of school age children in the Commonwealth and the extent of the need for public school day care programs;
3. Develop a mechanism for the phased integration of and funding for quality developmental early childhood and child day care programs;
4. Assess the need for additional child day care services, and the types of program options desired by families, including the need for employer-sponsored child day care services for state employees;
5. Recommend ways to promote significant parental, state and local, public-private sector, and corporate involvement in and support of early childhood and child day care programs;
6. Monitor and evaluate the implementation of programs to provide appropriate education and training for early childhood professionals and child day care providers;
7. Recommend eligibility criteria for participation in and appropriate ways by which early childhood and day care programs may be provided which minimize the potentiality for competition between the Commonwealth and private day care providers;
8. Review the status of agency efforts to promote the coordination and dissemination of child care information and day care services;
9. Develop incentives to promote the recruitment and retention of qualified early childhood professionals and child day care providers;
10. Review the provisions of and monitor the implementation of the Family Support Act of 1988, the Child Care Act, P.L. 101-508, the Head Start Authorization Increase, P.L. 101-120, and such other federal legislation and regulations concerning early childhood and child day care programs as may be enacted, and recommend such amendments to relevant state statutes as may be necessary to ensure consistency between state and federal law and regulations;
11. Analyze the several policy and legal issues related to early childhood and day care programs, e.g., establishment of entitlement programs, effect on the compulsory school attendance laws, modifications in licensing requirements, and program content, and determine the need for the development of appropriate policy or changes in current state policy and laws pertaining to such issues;
12. Determine the appropriate mechanism for and level of funding necessary to assist low income families and the working poor in obtaining quality, affordable child day care services, including the impact of any state, local, or federal fiscal exigency on early childhood and child day care programs and services;
13. Coordinate the revision and implementation of child day care licensing laws and review such related matters as may be referred to it;
14. Monitor and coordinate health and early intervention programs for young children and such children with special needs to ensure the delivery of appropriate services; and
15. Recommend any statutory, regulatory, or policy changes as it deems necessary to ensure the viability of quality, affordable and accessible early childhood and child day care programs.
D. The Division of Legislative Services shall provide such staff support, both administrative and professional, as the Commission may require. The Commission may request and shall receive from every department, division, board, bureau, commission, authority or other agency created by this Commonwealth, or to which the Commonwealth is party, or from any political subdivision of the Commonwealth, cooperation and assistance as it may deem necessary in the performance of its duties.
E. The Commission shall report its findings and recommendations regarding early childhood and child day care programs and services to the 1992 Session of the General Assembly, and thereafter, report annually on the status and needs concerning such programs and services in the Commonwealth to the Governor and the General Assembly.
F. This section shall expire on July 1, 1996.
§ 63.1-196.5. Application fees; regulations and schedules; use of fees; certain facilities exempt.
The State Board is authorized to establish regulations and schedules for fees to be charged for processing applications for licenses to operate child welfare agencies. Such schedules shall specify minimum and maximum fees and, where appropriate, gradations based on the capacity for children of the facility making application. Such fees shall be used for development and delivery of training for operators and staffs of child welfare agencies. These fees shall not be applicable to facilities operated by federal entities.
The State Board, in consultation with the Child Day Care Council and the
Council on Child Day Care and Early Childhood Programs, shall develop
training programs for operators and staffs of child care agencies. Such
programs shall include formal and informal training offered by institutions of
higher education, state and national associations representing child care
professionals, local and regional early childhood educational organizations and
licensed child care providers. To the maximum extent possible, the State Board
shall ensure that all provider interests are represented and that no single
approach to training will be given preference.
§ 63.1-211.2. Public funds to be withheld for serious or persistent violations.
The State Board of Social Services, and the State Board
of Education, and the Virginia Council on Child Day Care and Early
Childhood Programs may adopt policies, as permitted by state and federal
law, to restrict the eligibility of a licensed child welfare agency to receive
or continue to receive funds when such agency is found to be in serious or
persistent violation of regulations.
§ 63.1-314.8. Technical Assistance Committee created; duties; membership.
A. There is hereby created a Technical Assistance Committee, which shall provide technical and support services on the operations of the information and referral system as the Council may deem appropriate and shall advise the Council in performing its powers and duties.
B. The membership of the Technical Assistance Committee shall include but not be limited to:
1. Two directors of local departments of public welfare or social services, one serving a rural and one an urban locality, to be appointed by the Commissioner of Social Services; and
2. The Commissioners or Directors, or their designees, of the Department of
Medical Assistance Services; Department of Health; Department of Mental Health,
Mental Retardation and Substance Abuse Services; Department of Rehabilitative
Services; Department for the Aging; Department for the Visually Handicapped;
Department for Rights of Virginians With Disabilities; Department of
Information Technology; Department for the Deaf and Hard-of-Hearing; Department
of Health Professions; Department of Corrections; Department of Education;
Department of Youth and Family Services; and the Virginia Employment
Commission; and
3. The Director of the Virginia Council on Child Day Care and Early
Childhood Programs.
2. That Chapter 32 (§§ 9-281 through 9-291) of Title 9 of the Code of Virginia is repealed.