Sunday, November 23, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB1352: Game and Inland Fisheries, Board of; membership.
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-107 and 29.1-102 of the Code of Virginia are amended and reenacted as follows:
§ 2.2-107. Appointment of members of commissions, boards, and other collegial bodies.
Except as provided in the Constitution of Virginia, or where the manner of selection of members of boards and commissions is by election by the General Assembly, or as provided in Title 3.1, § 29.1-102, or § 54.1-901, but notwithstanding any other provision of law to the contrary, the Governor shall appoint all members of boards, commissions, councils or other collegial bodies created by the General Assembly in the executive branch of state government to terms of office as prescribed by law. Each member appointed pursuant to this section shall be subject to confirmation by the General Assembly and shall have the professional qualifications prescribed by law.
As part of the confirmation process for each gubernatorial appointee, the Secretary of the Commonwealth shall provide copies of the resume and statement of economic interests filed pursuant to § 2.2-3117 or 2.2-3118, as appropriate, to the chairs of the House of Delegates and Senate Committees on Privileges and Elections. For the purposes of this section and § 2.2-106, there shall be a joint subcommittee of the House of Delegates and Senate Committees on Privileges and Elections consisting of five members of the House Committee and three members of the Senate Committee appointed by the respective chairs of the committees to review the resumes and statements of economic interests of gubernatorial appointees. The members of the House of Delegates shall be appointed in accordance with the principles of proportional representation contained in the Rules of the House of Delegates. No appointment confirmed by the General Assembly shall be subject to challenge by reason of a failure to comply with the provisions of this paragraph pertaining to the confirmation process.
§ 29.1-102. Board of Game and Inland Fisheries; how constituted; meetings.
The Commission of Game and Inland Fisheries is continued and shall hereafter be known as the Board of Game and Inland Fisheries.
A. The Board shall consist of not more than one nonlegislative
citizen member from each congressional district. Each member of the
Board shall be appointed by the Governor, subject to confirmation by the
General Assembly. All members shall have held a Virginia resident
hunting or fishing license for three years preceding his appointment or shall
be landowners who certify that they have hunted game animals on their own land
for three years prior to their appointment. Nonlegislative citizen members
shall be appointed as follows: four to be appointed by the Speaker of the House
of Delegates, two to be appointed by the Senate Committee on Rules, and five to
be appointed by the Governor. Members shall be appointed for terms of
one to four years; however, appointments shall be made in a manner whereby no
more than three members shall have terms which expire in the same year. An appointment
to fill a vacancy shall be made in the same manner, but only for the unexpired
term. No person shall be eligible to serve more than two consecutive four-year
terms. Members may be removed from office during their respective terms by the
Governor Appointments to fill vacancies, other than by expiration of a
term, shall be for the unexpired term. Vacancies shall be filled in the same
manner as the original appointments. All members may be reappointed. However,
no member shall serve more than two consecutive four-year terms. Any member of
the Board may be removed by the appointing authority for cause, after being
given a written statement of the causes and an opportunity to be heard thereon.
B. The Board shall adopt rules and procedures for the conduct of its business that shall be set forth in a Governance Manual. The Board may establish committees to assist it with its duties and responsibilities. All decisions by a committee shall be reviewed by the Board, and shall only take effect if approved by the Board.
C. The Board shall annually elect one of its members as its chairman whose duties shall be limited to (i) presiding at all regular and called meetings of the Board; (ii) serving as the Board liaison to the Director, other Board members, and the Secretary of Natural Resources; and (iii) the other duties set forth in the Governance Manual as approved by a majority of the Board. The Board shall also elect a vice-chairman to preside in the absence of the chairman. Any additional duties of the vice-chairman shall be set forth in the Governance Manual. The Board shall annually elect one of its members as chairman and one of its members as vice-chairman. At such annual election, the chairman and vice-chairman shall not be eligible to be re-elected to their respective positions and no person shall serve more than one year as chairman and one year as vice-chairman during a four-year term.
D. The Board shall meet at least once every quarter of the calendar year for the transaction of business, and other meetings may be called if necessary by the chairman or at the request of any three members. The majority of the members shall constitute a quorum. Meetings shall be held in Richmond or at such other places within the Commonwealth as may be necessary.
2. That this act shall not be construed to affect existing appointments for which the terms have not expired. However, any new appointments to fill vacancies made after the effective date of this act shall be made in accordance with the provisions of this act. In making appointments to fill vacancies of nonlegislative citizen members, the Speaker of the House of Delegates shall make the first such appointment, and subsequent appointments to fill vacancies shall be made by the Senate Committee on Rules followed by the Governor. All appointments to fill vacancies shall be made pursuant to the alternating procedure herein described, until the appointment of the new 11 nonlegislative citizen members has been completed. Thereafter, all appointments shall be made in accordance with this act.
Be it enacted by the General Assembly of Virginia:
1. That § 2.2-107 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 29.1-102.1 as follows:
§ 2.2-107. Appointment of members of commissions, boards, and other collegial bodies.
Except as provided in the Constitution of Virginia, or where the manner of selection of members of boards and commissions is by election by the General Assembly, or as provided in Title 3.1, § 29.1-102.1, or § 54.1-901, but notwithstanding any other provision of law to the contrary, the Governor shall appoint all members of boards, commissions, councils or other collegial bodies created by the General Assembly in the executive branch of state government to terms of office as prescribed by law. Each member appointed pursuant to this section shall be subject to confirmation by the General Assembly and shall have the professional qualifications prescribed by law.
As part of the confirmation process for each gubernatorial appointee, the Secretary of the Commonwealth shall provide copies of the resume and statement of economic interests filed pursuant to § 2.2-3117 or 2.2-3118, as appropriate, to the chairs of the House of Delegates and Senate Committees on Privileges and Elections. For the purposes of this section and § 2.2-106, there shall be a joint subcommittee of the House of Delegates and Senate Committees on Privileges and Elections consisting of five members of the House Committee and three members of the Senate Committee appointed by the respective chairs of the committees to review the resumes and statements of economic interests of gubernatorial appointees. The members of the House of Delegates shall be appointed in accordance with the principles of proportional representation contained in the Rules of the House of Delegates. No appointment confirmed by the General Assembly shall be subject to challenge by reason of a failure to comply with the provisions of this paragraph pertaining to the confirmation process.
§ 29.1-102.1. Board of Game and Inland Fisheries reconstituted and reestablished; composition.
A. The Board of Game and Inland Fisheries holding office on the effective date of this section is dissolved and the members are discharged from any further duties and shall exercise no further powers or authority by virtue of their office.
B. The Board is hereby reestablished and reconstituted as a supervisory board within the executive branch of state government. The Board shall have a total membership of 11 nonlegislative citizen members. The Board shall consist of one nonlegislative citizen member from each Department of Game and Inland Fisheries District, but no more than three members shall be from any one district. All members shall have held a Virginia resident hunting or fishing license for three consecutive years preceding his appointed. Nonlegislative citizen members shall be appointed as follows: four to be appointed by the Speaker of the House of Delegates; two to be appointed by the Senate Committee on Rules; and five to be appointed by the Governor. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. All members may be reappointed. However, no member shall serve more than two consecutive four year terms.
After the initial staggering of terms, nonlegislative citizen members shall be appointed for terms of four years.
C. The Board shall adopt rules and procedures for the conduct of its business that shall be set forth in a Governance Manual. The Board may establish committees to assist it with its duties and responsibilities. All decisions by a committee shall be reviewed by the Board, and shall only take effect if approved by the Board.
D. The Board shall annually elect one of its members as its chairman whose duties shall be limited to (i) presiding at all regular and called meetings of the Board; (ii) serving as the Board liaison to the Director, other Board members, and the Secretary of Natural Resources; and (iii) the other duties set forth in the Governance Manual as approved by a majority of the Board. The Board shall also annually elect a vice-chairman to preside in the absence of the chairman. Any additional duties of the vice-chairman shall be set forth in the Governance Manual. At such annual election, the chairman and vice-chairman shall not be eligible to be reelected to their respective positions and no person shall serve more than one year as chairman and one year as vice-chairman during a four-year term.
E. The Board shall meet at least once every quarter of the calendar year for the transaction of business, and other meetings may be called if necessary by the chairman or at the request of any three members. The majority of the members shall constitute a quorum. Meetings shall be held in Richmond or at such other places within the Commonwealth as may be necessary.
2. That the initial appointments of nonlegislative citizen members shall be staggered as follows: one member for a term of four years, one member for a term of three years, one member for a term of two years, and one member for a term of one year appointed by the Speaker of the House of Delegates; one member for a term of four years and one member for a term of two years appointed by the Senate Committee on Rules; and two members for a term of four years, one member for a term of three years, one member for a term of two years, and one member for a term of one year appointed by the Governor.
3. That § 29.1-102 of the Code of Virginia is repealed.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.