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1996 SESSION
962110801Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-1.3, 2.1-1.6, 2.1-1.7, and 9-6.23, as it is currently effective and as it may become effective, of the Code of Virginia are amended and reenacted, and that the Code of Virginia is amended by adding in Chapter 32 of Title 2.1 an article numbered 5.4, consisting of sections numbered 2.1-526.23 through 2.1-526.32, as follows:
§ 2.1-1.3. Entities subject to standard nomenclature.
The following independent administrative entities are subject to the standard nomenclature provisions of § 2.1-1.2:
Chesapeake Bay Local Assistance Department.
Commonwealth Competition Council.
Department of Accounts.
Department for the Aging.
Department of Agriculture and Consumer Services.
Department of Alcoholic Beverage Control.
Department of Aviation.
Department of Conservation and Recreation.
Department of Correctional Education.
Department of Corrections.
Department of Criminal Justice Services.
Department for the Deaf and Hard-of-Hearing.
Department of Economic Development.
Department of Education.
Department of Emergency Services.
Department of Environmental Quality.
Department of Employee Relations Counselors.
Department of Fire Programs.
Department of Forestry.
Department of Game and Inland Fisheries.
Department of General Services.
Department of Health.
Department of Health Professions.
Department of Historic Resources.
Department of Housing and Community Development.
Department of Information Technology.
Department of Labor and Industry.
Department of Medical Assistance Services.
Department of Mental Health, Mental Retardation and Substance Abuse Services.
Department of Military Affairs.
Department of Mines, Minerals and Energy.
Department of Minority Business Enterprise.
Department of Motor Vehicles.
Department of Personnel and Training.
Department of Planning and Budget.
Department of Professional and Occupational Regulation.
Department of Rail and Public Transportation.
Department of Rehabilitative Services.
Department for Rights of Virginians With Disabilities.
Department of Social Services.
Department of State Police.
Department of Taxation.
Department of Transportation.
Department of the Treasury.
Department of Veterans' Affairs.
Department for the Visually Handicapped.
Department of Youth and Family Services.
Governor's Employment and Training Department.
§ 2.1-1.6. State boards.
A. There shall be, in addition to such others as may be established by law, the following permanent collegial bodies affiliated with a state agency within the executive branch:
Accountancy, Board for
Aging, Advisory Board on the
Agriculture and Consumer Services, Board of
Air Pollution, State Advisory Board on
Alcoholic Beverage Control Board, Virginia
Apple Board, Virginia State
Appomattox State Scenic River Advisory Board
Aquaculture Advisory Board
Architects, Professional Engineers, Land Surveyors and Landscape Architects, State Board for
Art and Architectural Review Board
Athletic Board, Virginia
Auctioneers Board
Audiology and Speech-Language Pathology, Board of
Aviation Board, Virginia
Barbers, Board for
Branch Pilots, Board for
Bright Flue-Cured Tobacco Board, Virginia
Building Code Technical Review Board, State
Catoctin Creek State Scenic River Advisory Board
Cattle Industry Board, Virginia
Cave Board
Certified Seed Board, State
Chesapeake Bay Local Assistance Board
Chickahominy State Scenic River Advisory Board
Child Abuse and Neglect, Advisory Board on
Chippokes Plantation Farm Foundation, Board of Trustees
Clinch Scenic River Advisory Board
Coal Mining Examiners, Board of
Coal Research and Development Advisory Board, Virginia
Coal Surface Mining Reclamation Fund Advisory Board
Coastal Land Management Advisory Council, Virginia
Commonwealth Competition Council
Conservation and Development of Public Beaches, Board on
Conservation and Recreation, Board of
Contractors, Board for
Corn Board, Virginia
Correctional Education, Board of
Corrections, State Board of
Cosmetology, Board for
Criminal Justice Services Board
Dark-Fired Tobacco Board, Virginia
Deaf and Hard-of-Hearing, Advisory Board for the Department for the
Dentistry, Board of
Education, State Board of
Egg Board, Virginia
Emergency Medical Services Advisory Board
Employment Agency Advisory Board
Farmers Market Board, Virginia
Film Office Advisory Board
Fire Services Board, Virginia
Forensic Science Advisory Board
Forestry, Board of
Funeral Directors and Embalmers, Board of
Game and Inland Fisheries, Board of
Geology, Board for
Goose Creek Scenic River Advisory Board
Health Planning Board, Virginia
Health Professions, Board of
Health, State Board of
Hearing Aid Specialists, Board for
Hemophilia Advisory Board
Historic Resources, Board of
Housing and Community Development, Board of
Industrial Development Services Advisory Board
Insurance Advisory Board, State
Irish Potato Board, Virginia
Laboratory Services Advisory Board
Litter Control and Recycling Fund Advisory Board
Marine Products Board, Virginia
Medical Advisory Board, Department of Motor Vehicles
Medical Board of the Virginia Retirement System
Medicare and Medicaid, Advisory Board on
Medicine, Board of
Mental Health, Mental Retardation and Substance Abuse Services Board, State
Migrant and Seasonal Farmworkers Board
Military Affairs, Board of
Mineral Mining Examiners, Board of
Minority Business Enterprise, Interdepartmental Board of the Department of
Networking Users Advisory Board, State
Nottoway State Scenic River Advisory 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
Peanut Board, Virginia
Personnel Advisory Board
Pesticide Control Board
Pharmacy, Board of
Physical Therapy to the Board of Medicine, Advisory Board on
Plant Pollination Advisory Board
Polygraph Examiners Advisory Board
Pork Industry Board, Virginia
Poultry Products Board, Virginia
Private College Advisory Board
Private Security Services Advisory Board
Professional and Occupational Regulation, Board for
Professional Counselors, Board of
Professional Soil Scientists, Board for
Psychiatric Advisory Board
Psychology, Board of
Public Buildings Board, Virginia
Public Telecommunications Board, Virginia
Radiation Advisory Board
Real Estate Appraiser Board
Real Estate Board
Reciprocity Board, Department of Motor Vehicles
Recreational Fishing Advisory Board, Virginia
Recreation Specialists, Board of
Reforestation Board
Rehabilitation Providers, Advisory Board on
Rehabilitative Services, Board of
Respiratory Therapy, Advisory Board on
Retirement System Review Board
Rockfish State Scenic River Advisory Board
Safety and Health Codes Board
Seed Potato Board
Sewage Handling and Disposal Appeal Review Board, State Health Department
Shenandoah State Scenic River Advisory Board
Small Business Advisory Board
Small Business Environmental Compliance Advisory Board
Small Grains Board, Virginia
Social Services, Board of
Social Work, Board of
Soil and Water Conservation Board, Virginia
Soybean Board, Virginia
State Air Pollution Control Board
Substance Abuse Certification Board
Surface Mining Review, Board of
Sweet Potato Board, Virginia
T & M Vehicle Dealers' Advisory Board
Teacher Education and Licensure, Advisory Board on
Tourism and Travel Services Advisory Board
Transportation Board, Commonwealth
Transportation Safety, Board of
Treasury Board, The, Department of the Treasury
Veterans' Affairs, Board on
Veterinary Medicine, Board of
Virginia Board for Asbestos Licensing
Virginia Coal Mine Safety Board
Virginia Correctional Enterprises Advisory Board
Virginia Employment Commission, State Advisory Board for the
Virginia Higher Education Tuition Trust Fund, Board of the
Virginia Horse Industry Board
Virginia Manufactured Housing Board
Virginia Retirement System, Board of Trustees
(For effective date - See Editor's note) Virginia Sheep Industry Board
Virginia Veterans Cemetery Board
Virginia Waste Management Board
Visually Handicapped, Virginia Board for the
Voluntary Formulary Board, Virginia
War Memorial Foundation, Virginia, Board of Trustees
Waste Management Facility Operators, Board for
Water Resources Research Center Statewide Advisory Board, Virginia
Waterworks and Wastewater Works Operators, Board for
Well Review Board, Virginia
Youth and Family Services, State Board of.
B. Notwithstanding the definition for "board" as provided in § 2.1-1.2, the following entities shall be referred to as boards:
Compensation Board
State Board of Elections
State Water Control Board
Virginia Parole Board
Virginia Veterans Care Center Board of Trustees.
§ 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.
§ 2.1-526.23. Short title.
This article shall be known and may be cited as the "Virginia Government Competition Act of 1996."
§ 2.1-526.24. Definitions.
As used in this article, unless the context otherwise requires:
"Council" means the Commonwealth Competition Council.
"Privatization" means an variety of techniques and activities which promote more involvement of the private sector in providing services that have traditionally been provided by government. It also includes methods of providing a portion or all of select government-provided or government-produced programs and services through the private sector.
"State agency" means any board, council, authority, department, agency, or institution of the Commonwealth which employs state or nonstate personnel.
§ 2.1-526.25. Commonwealth Competition Council created; duties.
There is hereby created in the Department of General Services the Commonwealth Competition Council. The Council shall:
1. Examine and promote methods of providing a portion or all of select government-provided or government-produced programs and services through the private sector by a competitive contracting program, and advise the Governor, the General Assembly, and executive branch agencies of the Council's findings and recommendations.
2. Develop an institutional framework for a statewide competitive program to encourage innovation and competition within state government.
3. Establish a system to encourage the use of feasibility studies and innovation to determine where competition could reduce government costs without harming the public.
4. Monitor the products and services of state agencies to bring an element of competition and to ensure a spirit of innovation and entrepreneurship to compete with the private sector.
5. Advocate, develop and accelerate implementation of a competitive program for state entities to ensure competition for the provision or production of government services, or both, from both public and private sector entities.
6. Establish approval, planning, and reporting processes required to carry out the functions of the Council.
7. Determine the privatization potential of a program or activity; perform cost/benefit analyses; and conduct public and private performance analyses. The Secretary of Finance shall independently certify the results of the comparison.
8. Devise, in consultation with the Secretary of Finance, evaluation criteria to be used in conducting performance reviews of any program or activity which is subject to a privatization recommendation.
9. To the extent practicable and to the extent that resources are available, make its services available for a fair compensation to any political subdivision of the Commonwealth.
§ 2.1-526.26. Membership; appointment; terms; vacancies; chairman; quorum; compensation.
A. The Council shall be composed of ten members to be appointed as follows: four employees of executive branch agencies to be appointed by the Governor; one member of the House of Delegates to be appointed by the Speaker of the House; one member of the Senate to be appointed by the Senate Committee on Privileges and Elections; two members of the private sector to be appointed by the Governor; one member of the private sector to be appointed by the Speaker of the House; and one member of the private sector to be appointed by the Senate Committee on Privileges and Elections.
B. Legislative members shall serve on the Council until the expiration of their terms of office or until their successors shall qualify. Two of the members who are employees of executive branch agencies and one member from the private sector appointed by the Governor shall be appointed for terms of one year. Two of the members who are employees of executive branch agencies and one member from the private sector appointed by the Governor shall be appointed for terms of two years. The nonlegislative members appointed by the Speaker of the House of Delegates and the Senate Committee on Privileges and Elections shall be appointed for terms of three years. Thereafter, all nonlegislative members of the Council shall be appointed for terms of three years.
C. Appointments to fill vacancies shall be for the unexipred terms. No person shall be eligible to serve for or during more than two successive three-year terms. Executive branch agency members shall serve only as long as they retain their positions.
D. The Council shall annually elect its chairman and vice chairman from among its members.
E. Six members of the Council shall constitute a quorum. No action shall be taken by the Council without the concurrence of at least six members.
F. Legislative members shall be compensated as specified in § 14.1-18, and all members of the Council shall be reimbursed for their actual expenses incurred in their duties.
§ 2.1-526.27. Cooperation of other state agencies.
All agencies of the Commonwealth shall cooperate with the Council and, upon request, assist the Council in the performance its duties and responsibilities. The Council shall not impose unreasonable burdens or costs in connection with requests of agencies.
§ 2.1-526.28. Staff support; application for an acceptance of gifts and grants.
A. The Council shall employ such staff as necessary to enable it to perform its duties as directed in the appropriation act.
B. The Council may apply for, accept, and expend gifts, grants, or donations from public or private sources to enable it to better carry out its objectives. No entity which provides a gift, donation or grant shall be eligible for a contract award which results from action of a Council recommendation.
§ 2.1-526.29. Unsolicited proposals.
The Governor or the General Assembly may direct any state agency to perform a public/private performance analysis covering any service for which the Council has received a qualifying unsolicited proposal from a private entity which is consistent with the Council's purposes and duties as provided in § 2.1-526.25.
§ 2.1-526.30. Public/private performance analysis.
A. The Council shall use the procurement methods cited in the Virginia Public Procurement Act (§ 11-35 et seq.) to solicit proposals and bids from private entities in order to make cost comparison decisions. However, the Council shall not execute contracts.
B. The Council shall explore methods to encourage state agencies to compete for contracts.
§ 2.1-526.31. Duties of the Department of Planning and Budget.
The Department of Planning and Budget shall determine the amount of existing appropriation no longer needed by the state agency or institution and shall unallot such funding. The Department shall also ensure that all appropriate reporting requirements to the Governor and the General Assembly are met. Nothing in this section shall preclude the Governor from recommending in future budget submissions the restoration of a portion of the original appropriation to the state agency or institution.
§ 2.1-526.32. Reports to Governor and General Assembly.
The Council shall annually by December 1 report its findings and recommendations to the Governor and the General Assembly. The Council may make interim reports to the Governor and the General Assembly as it deems advisable.
§ 9-6.23. (Effective until July 1, 1997) Prohibition against service by legislators on boards and commissions within the executive branch.
Members of the General Assembly shall be ineligible to serve on boards and
commissions within the executive branch which are responsible for administering
programs established by the General Assembly. Such prohibition shall not extend
to boards and commissions engaged solely in policy studies or commemorative
activities. If any law directs the appointment of any member of the General
Assembly to a board or commission in the executive branch which is responsible
for administering programs established by the General Assembly, such portion of
such law shall be void, and the Governor shall appoint another person from the
Commonwealth at large to fill such a position. The provisions of this section
shall not apply, however, to members of the Board for Branch Pilots, who shall
be appointed as provided for in § 54.1-901; to members of the Board on
Veterans' Affairs, who shall be appointed as provided for in § 2.1-741; to
members of the Council on Indians, who shall be appointed as provided for in
§ 9-138.1; to members of the Virginia Technology Council, who shall be
appointed as provided for in § 9-145.51; to members of the Board of
Trustees of the Southwest Virginia Higher Education Center, who shall be
appointed as provided in § 23-231.3; to members of the Maternal and Child
Health Council, who shall be appointed as provided for in § 9-318; to
members of the Virginia Interagency Coordinating Council who shall be appointed
as provided in § 2.1-750; to members of the Advisory Council on the
Virginia Business-Education Partnership Program, who shall be appointed as
provided in § 9-326; to members of the Workforce 2000 Advisory Council,
who shall be appointed as provided in § 2.1-116.18; to members of the
Advisory Commission on Welfare Reform, who shall be appointed as provided in
§ 63.1-133.44; to members of the Virginia Correctional Enterprises
Advisory Board, who shall be appointed as provided in § 2.1-451.2; to
members appointed to the Virginia Veterans Cemetery Board pursuant to §
2.1-739.2; to members of the Immigrant and Refugee Policy Council, who shall be
appointed as provided in § 2.1-801; or to members of the Commonwealth
Competition Commission Council, who shall be appointed as
provided in § 9-343 § 2.1-526.26.
§ 9-6.23. (Effective July 1, 1997) Prohibition against service by legislators on boards and commissions within the executive branch.
Members of the General Assembly shall be ineligible to serve on boards and
commissions within the executive branch which are responsible for administering
programs established by the General Assembly. Such prohibition shall not extend
to boards and commissions engaged solely in policy studies or commemorative
activities. If any law directs the appointment of any member of the General
Assembly to a board or commission in the executive branch which is responsible
for administering programs established by the General Assembly, such portion of
such law shall be void, and the Governor shall appoint another person from the
Commonwealth at large to fill such a position. The provisions of this section
shall not apply, however, to members of the Board for Branch Pilots, who shall
be appointed as provided for in § 54.1-901; to members of the Board on
Veterans' Affairs, who shall be appointed as provided for in § 2.1-741; to
members of the Council on Indians, who shall be appointed as provided for in
§ 9-138.1; to members of the Virginia Technology Council, who shall be
appointed as provided for in § 9-145.51; to members of the Board of
Trustees of the Southwest Virginia Higher Education Center, who shall be
appointed as provided in § 23-231.3; to members of the Maternal and Child
Health Council, who shall be appointed as provided for in § 9-318; to
members of the Virginia Interagency Coordinating Council who shall be appointed
as provided in § 2.1-750; to members of the Advisory Council on the
Virginia Business-Education Partnership Program, who shall be appointed as
provided in § 9-326; to members of the Advisory Commission on Welfare
Reform, who shall be appointed as provided in § 63.1-133.44; to members of
the Virginia Correctional Enterprises Advisory Board, who shall be appointed as
provided in § 2.1-451.2; to members appointed to the Virginia Veterans
Cemetery Board pursuant to § 2.1-739.2; to members of the Immigrant and
Refugee Policy Council, who shall be appointed as provided in § 2.1-801;
or to members of the Commonwealth Competition Commission
Council, who shall be appointed as provided in §
9-343 § 2.1-526.26.
2. That Chapter 45 (§§ 9-340 through 9-349) of Title 9 of the Code of Virginia is repealed.