Governor's reorganization of executive branch of state government. (HB1291)

Introduced By

Del. Todd Gilbert (R-Woodstock) with support from co-patron Del. Chris Peace (R-Mechanicsville)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Governor's reorganization of executive branch of state government.  Reorganizes the executive branch of state government as follows:

Eliminates the Commonwealth Competition Council and transfers the responsibility of developing and maintaining the commercial activities list to the Department of Planning and Budget, [Enactments 1-2; Resolution #1];

Eliminates the Interagency Dispute Resolution Advisory Council, [Enactment 3; Resolution #2];

Eliminates the Virginia Public Buildings Board, [Enactments 4-5; Resolution #3];

Eliminates the Virginia Council on Human Resources. The bill also authorizes the Director of the Department of Human Resource Management to convene ad hoc working groups to address issues relating to the state workforce, [Enactments 6-7; Resolution #4];

Abolishes the Department of Employment Dispute Resolution and transfers its duties to the Department of Human Resource Management, [Enactments 8-12; Resolution #5];

Transfers certain investigation and consumer complaint functions from the Department of Agriculture and Consumer Services to the Office of the Attorney General. The bill also abolishes the Human Rights Council and transfers the investigative functions of the Council to the Office of the Attorney General, [Enactments 13-17; Resolution #6 and #8];

Eliminates the Reforestation Board and transfers its responsibilities to the Board of Forestry. The terms of the current members of the Board of Forestry will expire July 1, 2012, and the Governor is authorized to appoint 11 new members to the Board. Initially, the members will be appointed for staggered terms, [Enactments 18-21; Resolution #9];

Eliminates the Seed Potato Board and incorporates its duties and responsibilities into the Potato Board, [Enactments 22-26; Resolution #10];

Consolidates the Bright Flue-Cured and Dark-Fired Tobacco Boards into the nine-member Virginia Tobacco Board. The promotion funds for the two types of tobacco will continue to operate, [Enactments 27-30; Resolution #11];

Eliminates the Pesticide Control Board and transfers its duties and responsibilities to the Board of Agriculture and Consumer Services. The bill also increases the membership of the Board of Agriculture and Consumer Services by adding two pesticide applicators, [Enactments 31-33; Resolution #12];

Merges the Board for Hearing Aid Specialists with the Board for Opticians, [Enactments 34-37; Resolution #13];

Merges the Board for Professional Soil Scientists and Wetland Professionals with the Board for Geology, [Enactments 38-43; Resolution #14];

Eliminates the Small Business Advisory Board and adds 2 members to the Small Business Commission, [Enactments 44-45; Resolution #15];

Eliminates the Board of Surface Mining Review and requires any appeals of an order issued by the Department of Mines, Minerals and Energy to be conducted by the Department using the case decision procedures of the Administrative Process Act, [Enactments 46-47; Resolution #16];

Eliminates the Board of Mineral Mining Examiners and places its duties and responsibilities with the Department of Mines, Minerals and Energy, [Enactments 48-50; Resolution #17];

Eliminates the Virginia National Defense Industrial Authority, [Enactments 51-52; Resolution #18];

Deregulates hair braiders and hair braiding schools and salons, [Enactments 53-54; Resolution #19];

Deregulates mold remediators and mold inspectors, [Enactments 55-56; Resolution #20];

Deregulates certified interior designers, [Enactments 57-58; Resolution #21];

Eliminates the Virginia Public Broadcasting Board and transfers its duties to the Board of Education, [Enactments 59-60; Resolution #22];

Eliminates the Department for the Aging, the Department for the Deaf and Hard-of-Hearing, and the Department of Rehabilitative Services and transfers the powers and duties of those agencies to the newly created Department for the Aging, the Deaf and Hard of Hearing, and Rehabilitative Services. The bill also transfers powers and duties related to the administration of auxiliary grants and provision of adult services and adult protective services from the Department of Social Services to the newly created department. Some sections amended and repealed have delayed effective dates, [Enactments 61-73; Resolution #25];

Consolidates the duties of the Public Guardian and Conservator Advisory Board and the Alzheimer's Disease and Related Disorders Commission into the Commonwealth Council on Aging. As a result of the bill, the Public Guardian and Conservator Advisory Board and the Alzheimer's Disease and Related Disorders Commission will no longer exist. The bill expands the membership of the Commonwealth Council on Aging from 24 to 28, [Enactments 74-77; Resolution #26];

Eliminates the Advisory Board on Child Abuse and Neglect and transfers its duties to the Board of Trustees of the Family and Children's Trust Fund, [Enactments 78-79; Resolution #27];

Eliminates the Hemophilia Advisory Board, [Enactment 80; Resolution #28];

Eliminates the State Health Department Sewage Handling and Disposal Appeal Review Board. All reviews will now be heard by the State Health Commissioner, [Enactments 81-82; Resolution #29];

Eliminates the Child Day-Care Council and assigns responsibility for regulating child day programs to the State Board of Social Services. The bill increases the membership of the State Board from nine to 11 members and adds a requirement that at least one member of the State Board of Social Services be a child care professional and provides that regulations promulgated by the Child Day-Care Council shall remain in full force and effect until regulations are promulgated by the State Board of Social Services, [Enactments 83-86; Resolution #30];

Moves the responsibility of providing environmental education programs from the Department of Environmental Quality to the Department of Conservation and Recreation, [Enactment 87; Resolution #31];

Moves the Municipal Separate Storm Sewer System (MS4) Program from the Virginia Soil and Water Conservation Board to the State Water Control Board. The bill has to be reenacted to become effective; except that the assessment by the Secretary of Natural Resources of the water quality programs of the Commonwealth can begin July 1, 2012, [Enactments 88-97; Resolution #32];

Abolishes the Chippokes Plantation Farm Foundation and transfers any interests in any real or tangible personal property of the Foundation to the Department of Conservation and Recreation, [Enactments 98-100; Resolution #33];

Eliminates the Virginia Scenic River Board and transfers its duties to the Board of Conservation and Recreation, [Enactments 101-102; Resolution #34];

Eliminates the Boating Advisory Committee, [Enactment 103; Resolution #35];

Eliminates the Council on Indians, [Enactments 104-105; Resolution #36];

Eliminates the Litter Control and Recycling Fund Advisory Board and the Foundation for Virginia's Natural Resources, [Enactments 106-107; Resolution #37 and #38];

Eliminates the Department of Correctional Education. The bill divides the provision and administration of education in correctional institutions between the Department of Corrections and the Department of Juvenile Justice, with supervision by a newly created Division of Correctional Education within the Department of Juvenile Justice, [Enactments 108-109; Resolution #39 and #40];

Eliminates the gubernatorially appointed committee appointed by the Governor, known colloquially as the Virginia Juvenile Enterprise Committee, that reviews agreements between the Department of Juvenile Justice and public or private entities for the operation of work programs for juveniles committed to the Department, [Enactments 110-111; Resolution #41];

Transfers the responsibility for the administration of a substance abuse prevention program from the Governor to the Alcoholic Beverage Control Board. The bill gives the ABC Board the duty to (i) coordinate substance abuse prevention activities of agencies of the Commonwealth in such program, (ii) review substance abuse prevention program expenditures by agencies of the Commonwealth, and (iii) determine the direction and appropriateness of such expenditures. The Board is to cooperate with federal, state, and local agencies, private and public agencies, interested organizations, and individuals in order to prevent substance abuse within the Commonwealth. The Board must report annually by December 1 of each year to the Governor and the General Assembly on the substance abuse prevention activities of the Commonwealth, [Enactments 112-113; Resolution #42];

Abolishes the Board of Transportation Safety, [Enactment 114; Resolution #43];

Consolidates the Northern Virginia Transportation Commission and the Northern Virginia Transportation Authority, effective July 1, 2013, by shifting most powers and responsibilities from the Commission to the Authority, [Enactments 115-117; Resolution #44];

Abolishes the Board of Towing and Recovery Operators and transfers the Board's duties to the Department of State Police and the Department of Motor Vehicles, [Enactments 118-122; Resolution #45]; and

Establishes the Virginia War Memorial as a division within the Department of Veterans Services. The bill eliminates the Virginia War Memorial Foundation and replaces it with the Virginia War Memorial Board and sets the membership, terms, and powers and duties of the Board, [Enactments 123-124; Resolution #46].

The bill contains numerous technical amendments to accomplish this reorganization. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/24/2012Committee
01/24/2012Introduced at the request of Governor
01/24/2012Presented and ordered printed 12104534D
01/24/2012Referred to Committee on General Laws
01/27/2012Assigned GL sub: #5 Special
02/07/2012Subcommittee recommends reporting with amendment(s) (6-Y 1-N)
02/08/2012Impact statement from DPB (HB1291)
02/09/2012Reported from General Laws with amendments (20-Y 0-N) (see vote tally)
02/12/2012Read first time
02/13/2012Passed by temporarily
02/13/2012Read second time
02/13/2012Committee amendments agreed to
02/13/2012Amendment by Delegate Landes agreed to
02/13/2012Rules 73 and 74 suspended (95-Y 0-N)
02/13/2012VOTE: AGREE TO MOTION (95-Y 0-N) (see vote tally)
02/13/2012Engrossment waived HB1291E
02/14/2012Read third time and passed House (82-Y 17-N)
02/14/2012VOTE: PASSAGE (82-Y 17-N) (see vote tally)
02/15/2012Constitutional reading dispensed
02/15/2012Referred to Committee on General Laws and Technology
02/27/2012Reported from General Laws and Technology with substitute (8-Y 4-N) (see vote tally)
02/27/2012Committee substitute printed 12105569D-S1
02/29/2012Constitutional reading dispensed (40-Y 0-N) (see vote tally)
03/01/2012Read third time
03/01/2012Reading of substitute waived
03/01/2012Committee substitute agreed to 12105569D-S1
03/01/2012Engrossed by Senate - committee substitute HB1291S1
03/01/2012Passed Senate with substitute (23-Y 16-N) (see vote tally)
03/01/2012Reconsideration of Senate passage agreed to by Senate (39-Y 0-N) (see vote tally)
03/01/2012Passed Senate with substitute (25-Y 14-N) (see vote tally)
03/02/2012Placed on Calendar
03/05/2012Senate substitute rejected by House 12105569D-S1 (4-Y 92-N)
03/05/2012VOTE: REJECTED (4-Y 92-N) (see vote tally)
03/06/2012Senate insisted on substitute (39-Y 1-N) (see vote tally)
03/06/2012Senate requested conference committee
03/07/2012House acceded to request
03/07/2012Conferees appointed by House
03/07/2012Delegates: Gilbert, Jones, James
03/08/2012Conferees appointed by Senate
03/08/2012Senators: McDougle, Martin, Petersen
03/09/2012Impact statement from DPB (HB1291S1)
03/10/2012Conference report agreed to by House (88-Y 8-N)
03/10/2012VOTE: ADOPTION (88-Y 8-N) (see vote tally)
03/10/2012Passed by temporarily
03/10/2012Conference report agreed to by Senate (34-Y 6-N) (see vote tally)
03/15/2012Enrolled
03/15/2012Bill text as passed House and Senate (HB1291ER)
03/15/2012Signed by Speaker
03/17/2012Signed by President
04/09/2012Governor's recommendation received by House
04/17/2012Placed on Calendar
04/18/2012House concurred in Governor's recommendation (79-Y 15-N)
04/18/2012VOTE: ADOPTION (79-Y 15-N) (see vote tally)
04/18/2012Senate concurred in Governor's recommendation (29-Y 8-N) (see vote tally)
04/18/2012G Governor's recommendation adopted
04/18/2012Reenrolled
04/18/2012Reenrolled bill text (HB1291ER2)
04/18/2012Signed by Speaker as reenrolled
04/18/2012Signed by President as reenrolled
04/18/2012G Approved by Governor-Chapter 803 (effective 7/1/12)
04/18/2012G Acts of Assembly Chapter text (CHAP0803)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 12 minutes.

Comments

Richard Martin writes:

As introduced this bill is identical to Senate Bill 678.