CHAPTER 885
An Act to amend and reenact §§ 2.2-218, 2.2-220, 2.2-2424, 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, 32.1-73.7, 51.5-39.2, 56-579, 56-581.1, 56-585, 56-592, 56-592.1, 56-596, 62.1-69.34, 62.1-69.35, 62.1-69.38 and 62.1-69.43 of the Code of Virginia; to amend the Code of Virginia 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, and by adding in Chapter 5.4 of Title 62.1 sections numbered 62.1-69.35:1 and 62.1-69.35:2; and to repeal Article 3 (§§ 2.2-2709 and 2.2-2710) of Chapter 27 of Title 2.2 of the Code of Virginia and § 56-595 of the Code of Virginia; and to repeal Chapter 476 of the Acts of Assembly of 2002 and Chapter 657 of the Acts of Assembly of 2002, relating to certain requirements of collegial bodies; reports.
Approved March 22, 2003
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-218, 2.2-220, 2.2-2424, 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, 32.1-73.7, 51.5-39.2, 56-579, 56-581.1, 56-585, 56-592, 56-592.1, 56-596, 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, 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:
§ 2.2-218. Development of strategies to restore the water quality and living resources of the Chesapeake Bay and its tributaries.
The Secretary shall coordinate the development of tributary plans designed to
improve water quality and restore the living resources of the Chesapeake Bay
and its tributaries. Each plan shall be tributary-specific in nature and
prepared for the Potomac, Rappahannock, York, and James River Basins as well as
the western coastal basins (comprising the small rivers on the western Virginia
mainland that drain to the Chesapeake Bay, not including the Potomac,
Rappahannock, York and James Rivers) and the eastern coastal basin
(encompassing the creeks and rivers of the Eastern Shore of Virginia that are
west of U.S. Route 13 and drain to the Chesapeake Bay). Each plan shall (i)
address the reduction of nutrients and suspended solids, including sediments,
entering the Chesapeake Bay and its tributaries and (ii) summarize other
existing programs, strategies, goals and commitments for reducing toxics; the
preservation and protection of living resources; and the enhancement of the
amount of submerged aquatic vegetation, for each tributary basin and the Bay.
The plans shall be developed in consultation with affected stakeholders,
including, but not limited to, local government officials; wastewater treatment
operators; seafood industry representatives; commercial and recreational
fishing interests; developers; farmers; local, regional and statewide
conservation and environmental interests; the Virginia Chesapeake Bay
Partnership Council; and the Virginia delegation to the Chesapeake Bay
Commission.
§ 2.2-220. Annual reporting.
The Secretary shall report by November 1 of each year to the House Committee on
Agriculture, Chesapeake and Its Tributaries Natural Resources, the Senate
Committee on Agriculture, Conservation and Natural Resources, the House Committee on Appropriations, the Senate
Committee on Finance, and the Virginia delegation to the Chesapeake Bay
Commission and the Virginia Chesapeake Bay Partnership Council on progress made
in the development and implementation of each plan. The annual report shall include, but
not be limited to:
1. An analysis of actions taken and proposed and their relation to the timetables and programmatic and environmental benchmarks and indicators.
2. The results and analyses of quantitative or qualitative tests or studies, including but not limited to water quality monitoring and submerged aquatic vegetation surveys, which relate to actual resource improvements in each tributary. The results and analyses are to be clearly related to designated portions of each tributary.
3. A complete summary of public comments received on each plan.
4. The current or revised cost estimates for implementation of the plans.
5. The status of Virginia's strategies as compared to the development, content and implementation of tributary strategies by the other jurisdictions that are signatories to the Chesapeake Bay Agreement.
§ 2.2-2424. Virginia-Israel Advisory Board; purpose; membership; terms; compensation and expenses; staff; chairman's executive summary.
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 two ex officio members as follows: six 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 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 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 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 a 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 all 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 provided 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.
§ 2.2-2503. Special Advisory Commission on Mandated Health Insurance Benefits; membership; terms; meetings; compensation and expenses; staff; chairman's executive summary.
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 six legislative members, 10 nonlegislative citizen members, and two ex
officio members as follows: ten one member of the Senate Committee on
Education and Health and one member of the Senate Committee on Commerce and Labor appointed by
the Senate Committee on Privileges and Elections; two members of the House
Committee on Health, Welfare and Institutions and two 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 that include one
physician, one chief executive officer of a general acute care hospital, one allied health professional, one
representative of small business, one representative of a major industry, one
expert in the field of medical ethics, two representatives of the accident and
health insurance industry, and two 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 one member from the Senate Committee on Education and Health
and one member from the Senate Committee on Commerce and Labor, and the Speaker
of the House of Delegates shall appoint one member from the House Committee on
Health, Welfare and Institutions and one member from the House Committee on
Corporations, Insurance and Banking. 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
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 four consecutive two-year terms, no Senate member
shall serve more than two consecutive four-year terms, and no nonlegislative
citizen member shall serve more than two consecutive four-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 as 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, the
majority of the voting members or the Governor. The Commission shall select
elect a chairman and a vice chairman, as determined by the
membership. A majority of the members of the Commission shall constitute a quorum.
E. Legislative members of the Commission shall receive reimbursement 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 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 compensation and
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 and expenses; reports to Governor and General Assembly; chairman's executive summary.
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 eight
legislative members, three members of the executive branch, and 11 nonlegislative
citizen members to be appointed as follows: three five members shall be
appointed from 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 members
shall of the Senate to be appointed by the Senate Privileges and Elections
Committee; and three members from of the executive branch of state government;,
four elected local government officials upon the recommendation of the Virginia
Association of Counties and, four elected municipal officers upon the
recommendation of the Virginia Municipal League;, one representative of a
planning district commission upon the recommendation of the Virginia Association of Planning
Commissions;, and two citizen members who have no current government
affiliation, all 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 three members of the
executive branch, shall serve for a four-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 eight
consecutive years. All members may be reappointed. However, no Senate member
shall serve more than two consecutive four-year terms, no House member shall
serve more than four consecutive two-year terms and no nonlegislative citizen
member appointed to a term shall serve more than two consecutive four-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 by the appointing authority to fill
for the unexpired term. Vacancies shall be filled in the manner as the original
appointments.
D. A chairman and vice chairman shall be elected annually from the membership. The Commission shall meet at least four 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 all 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 odd-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 year 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; compensation and expenses; 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 four legislative members, 11 nonlegislative citizen members, and one ex
officio member as follows: (i) the eight Virginia tribes officially
recognized by the Commonwealth shall be entitled but not required to be
represented by one member from each tribe, (ii) two members at-large at large
from the Indian population residing in Virginia, and (iii) one member from the Commonwealth at large,
all of whom shall be appointed by the Governor; and (iv) one member from three
members of the House of Delegates appointed by the Speaker of the House of
Delegates, and in accordance with the principles of proportional representation
contained in the Rules of the House of Delegates; (v) one member from of the
Senate of Virginia appointed by the Senate Committee on Privileges and
Elections; and (vi) the Secretary of Health and Human Resources, or his
designee, shall be an ex officio voting member. 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 shall be an ex officio member of the
Council.
B. After the original appointments, all nonlegislative citizen appointments
shall be for terms of three years except appointments to fill vacancies, which shall be
for the unexpired terms. Legislative and ex officio 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
three successive three-year terms in succession, no member of the Senate shall
be eligible to serve more that two successive four-year terms, and no member of the House of Delegates shall be
eligible to serve more than four successive two-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 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 Council shall elect a 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 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 members, one 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 all 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's 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 eight legislative members, 10 nonlegislative
citizen members, and one ex officio member as follows: five 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 House of Delegates; three 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 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 four successive full
three-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 three successive four-year terms and no member of the House of
Delegates shall be eligible to serve more than six successive two-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, other than by expiration of a
term, shall be made for the unexpired terms. 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. All members
shall be reimbursed for all 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 Senate or the Office of the Clerk of the House of
Delegates, as appropriate. Funding for the costs of expenses of all members
shall be provided by the Foundation.
E. Secretary of Administration shall designate a state agency to The Department
of General Services shall 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, vice chairman, and such other officers as their bylaws may provide. They shall also appoint an executive committee, composed of not less than five 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 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 all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. The costs of compensation and 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 Senate 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 Services 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 shall be appointed by the Governor from a list of six 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 member shall be appointed by the Governor from a list of three 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 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 shall be
appointed by the Governor from a list of nine 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 Services 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 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 Services shall serve terms coincident
with their terms of office. No nonlegislative citizen member shall be eligible
to serve more than two successive four-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 four-year 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. Appointments to fill vacancies, other than by expiration of a term,
shall be made 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 other nonlegislative citizen members shall be
as follows: one active flue-cured tobacco producer, one active burley tobacco
producer and four nonlegislative citizen members shall be appointed for
terms of two years; one active flue-cured tobacco producer, one active burley
tobacco producer and four nonlegislative citizen members shall be appointed for
terms of three years; and one active flue-cured tobacco producer, one active burley
tobacco producer and three nonlegislative citizen members shall be appointed
for terms of four years. Thereafter all appointments shall be for terms of four years.
B. The Commission shall appoint from its membership a chairman and a 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, 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 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 all 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; chairman's executive summary.
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 one ex officio voting member as follows: four citizen members, who may be
members of the House of Delegates, to be appointed by the Speaker of the House
of Delegates and, if such members are members of the House of Delegates, in
accordance with the principles of proportional representation contained in the
Rules of the House of Delegates; two citizen members, who may be members of the
Senate, to be appointed by the Senate Committee on Privileges and Elections; 11
nonlegislative citizen members, one 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 four-year terms, except that initial
appointments shall be made for terms of one to four years in a manner whereby no more
than six members shall have terms which that expire in the same year. Such
Legislative members and the ex officio member shall serve terms coincident with their terms of office.
Appointments to fill vacancies, other than by expiration of a term, shall be
made for the unexpired terms. Vacancies shall be filled in the same manner as
the original appointments. All members may be reappointed. However, no Senate
member shall serve more than two consecutive four-year terms, no House member
shall serve more than four consecutive two-year terms and no nonlegislative
citizen member shall serve more than two consecutive four-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. 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 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 of the Board 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 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
all 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 of the Board shall submit to the Governor and the General Assembly a biennial executive summary of the interim activity and work of the Board no later than the first day of each even-numbered year 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; purpose; membership; terms; meetings; staffing; compensation and expenses; chairman's executive summary.
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 include six legislative members and nine nonlegislative citizen members. Members
shall be appointed as follows: four 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; two members
from of the Senate Committee for Courts of Justice, to be appointed by the
Senate Privileges and Elections Committee; three sitting or retired judges, one
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 directors
of local alcohol safety action programs, to be appointed by the legislative
members of the Commission; one representative from the law-enforcement
profession, to be appointed by the Speaker of the House and one nonlegislative
citizen at large, to be appointed by the Senate Committee on Privileges and
Elections; one 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
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-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. All members may be reappointed. Appointments to fill vacancies,
other than by expiration of a term, shall be made for the unexpired terms. Any appointment
to fill a vacancy shall be made in the same manner as the original appointment.
B. The Commission shall meet quarterly at least four 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 ensure 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 all reasonable and
necessary expenses as provided in §§ 2.2-2813 and 2.2-2825 to be paid 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 Automated 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 90 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-four 24 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-four 24 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 years
thereafter, by a panel the Child Support Guidelines Review Panel, consisting of
15 members that includes a include four legislative members and 11
nonlegislative citizen members. Members shall be appointed as follows: three members of the House
Committee for Courts of Justice, upon the recommendation of the chairman of such committee, 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; one member of the Senate Committee for Courts of Justice, upon
the recommendation of the chairman of such committee, to be appointed by the
Senate Committee on Privileges and Elections; and one representative of a
juvenile and domestic relations district court and a, one representative of a
circuit court, a one 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, three members of the bar Virginia State Bar, two
custodial and two parents, two noncustodial parents, and a one child advocate,
upon the recommendation of the Secretary of Health and Human Resources, to be
appointed by the Governor. The 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 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.
Legislative members shall serve terms coincident with their terms of office. Nonlegislative citizen members shall serve at the pleasure of the Governor. All members may be reappointed. Appointments to fill vacancies, other than by expiration of a term, shall be made for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments.
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 all 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.
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.
The chairman of the Panel 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 2005 regular session of the General Assembly and every three years thereafter. 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; membership; terms; compensation and expenses; chairman's executive summary.
In accordance with the Compact for Education of 1968, which established the
Education Commission of the States, there shall be seven member commissioners
representing Virginia on the Education Commission of the States. These The
Virginia commissioners shall consist of the Governor, one member selected from
the body of the House of Delegates, to be appointed by the Speaker thereof, one
of the House of Delegates; one member selected from the body of the Senate of
Virginia, to be appointed by the Senate Committee on Privileges and Elections
of the Senate, and; four nonlegislative citizen members, of whom one 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. All members may be
reappointed. Appointments to fill vacancies, other than by expiration of a
term, shall be made 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. Vacancies shall be
filled in the same manner as the original appointments.
The Governor shall designate one member commissioner to serve as chairman of
the group Virginia commissioners for a two-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 all 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 Commissioners 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; chairman's executive summary.
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 34 members that include 15
legislative members and the 19 school superintendents of the named localities.
The region's legislators shall serve as nonvoting, advisory members of the
board 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; four members of the Senate representing
the Twentieth, Twenty-first, Twenty-second, and Twenty-fifth Senatorial
Districts, 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, Patrick, Pulaski, Roanoke County,
Wythe, Covington, Martinsville, Radford, Roanoke City, and Salem.
B. Legislative members and school superintendents shall serve terms coincident with their terms of office. 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 all 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 and expenses; 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 nine legislative members, three nonlegislative citizen members, and one state
official as follows: six 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 members of the Senate to be appointed by the Senate Committee
on Privileges and Elections; three 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 two 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. Appointments to fill vacancies, other than by expiration of a term, shall be
made for the unexpired terms. Vacancies shall be filled in the same manner as the original
appointments.
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 performance 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. At the option 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 a majority of members present and voting at the meeting of the Commission.
G. The chairman of the Commission shall submit to the General Assembly and the Governor 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; membership; compensation and expenses.
A. There is established a Commission on Interstate Cooperation of the Senate,
to consist of six senators. The members shall be appointed and the chairman of
this the 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 members; and the members shall be appointed
and the chairman of this the 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 and expenses; staff; voting on recommendations; chairman's executive summary.
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 four nonlegislative citizen members. Members shall be
appointed as follows: six 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 members of the Senate to be appointed by the Senate Committee on Privileges and
Elections; and four 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 two
years. 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. Legislative members
shall serve terms coincident to their terms of office. All members may be reappointed. Appointments
to fill vacancies, other than by expiration of a term, shall be made for the
unexpired terms. 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 annually, who shall be members of the General Assembly. A majority of the members of the Commission shall constitute a quorum. The Commission shall meet at the call of the chairman or whenever a majority of the members so request.
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.
Administrative staff support shall be provided by the Office of the Clerk of the Senate or the
Office of Clerk of the House of Delegates as may be appropriate for the house in which the
chairman of the Commission serves. 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. At the option 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 a majority of members present and voting at the meeting of the Commission.
G. The chairman of the Commission shall submit to the General Assembly and the Governor 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.
CHAPTER 31 .
COMMISSION ON ELECTRIC UTILITY RESTRUCTURING.
§ 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: four members of the Senate to be appointed by the Senate Committee on Privileges and Elections and six 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. All members may be reappointed. Appointments to fill vacancies, other than by expiration of a term, shall be made for the unexpired terms. 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. The chairman of the Commission shall be authorized to designate one 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.
At the option 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 a majority of 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 all reasonable and necessary expenses incurred in the 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 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 consumers 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 one 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 General Assembly and the Governor 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.
Administrative staff support shall be provided by the Office of the Clerk of the Senate or the Office of Clerk of the House of Delegates as may be appropriate for the house in which the chairman of the Commission serves. 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 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.
§ 30-208. Consumer Advisory Board; purpose; membership; compensation and expenses; staffing.
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 eight members as follows: three nonlegislative citizen members appointed by the Senate Committee on Privileges and Elections; four nonlegislative citizen members appointed by the Speaker of the House of Delegates and one 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 of the regions of the Commonwealth 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 all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. However, all such compensation shall be paid from existing appropriations to the Commission or, if unfunded, shall be 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. Administrative staff support shall be provided by the Office of the Clerk of the Senate or the Office of Clerk of the House of Delegates as may be appropriate for the house in which the chairman of the Commission serves. The Division of Legislative Services shall provide legal, research, policy analysis, and other services as requested by the Board. All agencies of the Commonwealth shall provide assistance to the Board, upon request.
§ 30-209. Sunset.
This chapter shall expire on July 1, 2008.
CHAPTER 32.
VIRGINIA DELEGATION TO MULTISTATE TAX ADMINISTRATION DISCUSSIONS.
§ 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 five legislative members. Members shall be appointed as follows: two members of the Senate, to be appointed by the Senate Committee on Privileges and Elections; and three 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. All members may be reappointed. Appointments to fill vacancies, other than by expiration of a term, shall be made for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments.
The Delegation shall elect 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 four 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; and
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 2004 and 2005 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 all 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 be approved by the Joint Rules Committee.
§ 30-215. Staff Support.
Administrative staff support shall be provided by the Office of the Clerk of the Senate or the Office of Clerk of the House of Delegates as may be appropriate for the house in which the chairman of the Delegation serves. The Division of Legislative Services shall provide legal, research, policy analysis and other services as requested by the Delegation. 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 General Assembly and the Governor 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.
§ 32.1-73.7. Department to be lead agency for youth suicide prevention.
With such funds as may be appropriated for this purpose, the Department, in
consultation with the Department of Education, the Department of Mental Health,
Mental Retardation and Substance Abuse Services, the Virginia Council on
Coordinating Prevention, community services boards, and local departments of
health, shall have the lead responsibility for the youth suicide prevention program
within the Commonwealth. This responsibility includes coordination of the
activities of the agencies of the Commonwealth pertaining to youth suicide
prevention in order to develop a comprehensive youth suicide prevention plan
addressing the promotion of health development, early identification, crisis
intervention, and support to survivors. The plan shall be targeted to the
specific needs of children and adolescents. The Department shall cooperate with
federal, state and local agencies, private and public agencies, survivor groups
and other interested individuals in order to prevent youth suicide within the
Commonwealth. The Department shall report annually by December 1 of each year
to the Governor and the General Assembly on its youth suicide prevention
activities.
The provisions of this section shall not limit the powers and duties of other state agencies.
§ 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 eleven 11-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: five citizens at large, of whom one shall be a
person with a developmental disability or the parent, family member, guardian,
advocate, or authorized representative of such an individual, one shall be a
person with a physical disability or the parent, family member, guardian,
advocate, or authorized representative of such an individual, one shall be a
person who represents persons with cognitive disabilities, one shall be a
person who represents persons with developmental disabilities, and one shall be
a person who represents persons with sensory or physical disabilities, to be
appointed by the Speaker of the House of Delegates; three citizens at large, of
whom one shall be a person with a cognitive disability or the parent, family
member, guardian, advocate, or authorized representative of such an individual,
one shall be a person who represents persons with mental illnesses, and one
shall be a person who represents people with mental or neurological
disabilities, to be appointed by the Senate Committee on Privileges and
Elections; and three citizens at large, of whom one shall be a person with a
mental illness or the parent, family member, guardian, advocate, or authorized
representative of such an individual, one shall be a person with a sensory
disability or the parent, family member, guardian, advocate, or authorized
representative of such an individual, and one shall be a person with a mental
or neurological disability or the parent, family member, guardian, advocate, or
authorized representative of such an individual, to be appointed by the
Governor. Persons appointed to the board to represent individuals with a
disability shall be knowledgeable of the broad range of needs of such persons
served by the Office. Persons appointed to the board who have a disability
shall be individuals who are eligible for, are receiving, or have received
services through the state system that protects and advocates for the rights of
individuals with disabilities. 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
Speaker of the House of Delegates, the Senate Committee on Privileges and
Elections and the Governor shall not be limited in their appointments to
persons so nominated; however, such appointing authorities shall seriously
consider the persons nominated and appoint such persons whenever feasible.
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, Virginia Department for the Deaf and Hard-of-Hearing, 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: two members for a term of one year, one member for a term of two years, one
member for a term of three years, and one member for a term of four years
appointed by the Speaker of the House of Delegates; one member for a term of
two years, one member for a term of three years, and one member for a term of
four years appointed by the Senate Committee on Privileges and Elections; and
one member for a term of two years, one member for a term of three years, and
one member for a term of four years appointed by the Governor. Thereafter,
nonlegislative citizen members shall be appointed for four-year terms.E. a
term of four years. Appointments to fill vacancies 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 four-year term shall not
be eligible for reappointment for two years after the expiration of his term. However, no
nonlegislative citizen member shall serve more than two consecutive four-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, other than by expiration of a
term, shall be made for the unexpired terms. 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 from among its
members and appoint a secretary who may or may not be a member of the Board. A majority of the 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 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 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 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, the predecessor of the 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.
§ 62.1-69.34. Virginia Roanoke River Basin Advisory Committee established; purpose; membership; terms; meetings.
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 21 members to that include six legislative members and 11
nonlegislative citizen members, and four ex officio members. Members shall be
appointed as follows: two members of the Senate, whose districts include a part
of the Virginia portion of the Roanoke River Basin, to be appointed by the
Senate Committee on Privileges and Elections; four members of the House of
Delegates, whose districts include a part of the Virginia portion of the
Roanoke River Basin, 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; 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 two each shall be
members of the Central Virginia Planning District Commission, and the West
Piedmont Planning District Commission, and one shall be a member of the New
River Valley Planning District Commission, from among recommendations submitted by
the respective planning district commissions, to be appointed by the Senate
Committee on Privileges and Elections; two 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,
from among recommendations submitted by the respective planning district commissions, to
be appointed by the Speaker of the House of Delegates; and the Virginia member of the
United States House of Representatives, whose district includes the largest
portion of the Basin, or his designee, and three representatives of the State
of North Carolina appointed in a manner as the General Assembly of North
Carolina may determine appropriate. Except for the representatives of North
Carolina, all nonlegislative citizen members shall be citizens of the
Commonwealth of Virginia. The Virginia member of the United States House of
Representatives and the representatives of North Carolina shall serve ex
officio without voting privileges. Of the recommendations submitted by planning
district commissions authorized to recommend two members, one 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 one nonlegislative citizen at-large at large who resides within the
planning district or a one member, who at the time of the recommendation, is
serving as an elected member or an employee of a local governing body, or a one
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 and local government officials
appointed to the advisory committee 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: two members for a term
of two years and three members for a term of one year appointed by the Senate
Committee on Privileges and Elections; and three members for a term of two
years and three members for a term of one year appointed by the Speaker of the
House of Delegates. Thereafter, the nonlegislative citizen members shall be
appointed for a term of office of members recommended by planning district
commissions shall be for two years. 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 member recommended by a planning district commission shall
serve more than three consecutive two-year terms. Appointments to fill
vacancies, other than by expiration of a term, shall be made for the unexpired
terms. Vacancies shall be filled in the same manner as the original appointment.
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 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.
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 all 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 paid from such funds as may be provided to the Department of Environmental Quality in the appropriations act for this purpose.
§ 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 of the advisory committee 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.
A. The Commission shall be composed of eighteen 18 voting members with each
state appointing nine that include nine members representing the Commonwealth
of Virginia and nine members representing the State of North Carolina. The
Virginia delegation shall consist of the state six legislative members
appointed to the Virginia Roanoke River Basin Advisory Committee, and three 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. 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 shall serve as nonvoting ex officio members of the Commission.
B. The terms of office for appointed Legislative members of the Virginia
delegation, 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 years appointed to serve two-year terms,
unless the member is reappointed by the appointing authorities of each state. Appointments to fill
vacancies, other than by expiration of a term, 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. A majority of the voting members shall constitute a quorum.
§ 62.1-69.43. Compensation and expenses.
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 voting members shall be reimbursed for all 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 or, if unfunded, shall be approved by the Joint Rules Committee.
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.
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 of the Code of Virginia and § 56-595 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 of the Code of Virginia and members appointed to fill vacancies may continue to serve as members of the Commission on Electric Utility Restructuring until July 1, 2008, if such members retain their legislative seats.
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. That 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. That notwithstanding the provisions of § 2.2-2424 of the Code of Virginia, beginning July 1, 2004, the Governor shall stagger the terms of his appointments to the Virginia-Israel Advisory Board as follows: three members shall serve initial terms of one year; three members shall serve initial terms of two years; three members shall serve initial terms of three years; and four members shall serve initial terms of four years. Thereafter, all members appointed by the Governor shall serve terms of four years.
9. That the current term of the members appointed to the governing board of the Virginia Office for Protection and Advocacy prior to July 1, 2003, shall continue and not be affected by this act.