SB1086: University of Virginia Board of Visitors; quorum.


SENATE BILL NO. 1086
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Education
on February 18, 2013)
(Patron Prior to Substitute--Senator Deeds)
A BILL to amend and reenact §§ 23-9.2:4.1, 23-9.2:5, and 23-74 of the Code of Virginia, relating to boards of public institutions of higher education; composition and quorum.

Be it enacted by the General Assembly of Virginia:

1. That §§ 23-9.2:4.1, 23-9.2:5, and 23-74 of the Code of Virginia are amended and reenacted as follows:

§ 23-9.2:4.1. Faculty representatives to the State Board for Community Colleges, local community college boards, and boards of visitors.

A. The State Board for Community Colleges, local community college boards, and the boards of visitors of any four-year state public institution of higher education may shall appoint one or more nonvoting, advisory faculty representatives to their respective boards. In the case of local community college boards and boards of visitors, the The representatives appointed by the boards shall be chosen from individuals elected by the faculty or the institution's faculty senate or other equivalent group of the relevant institution. In the case of the State Board for Community Colleges, representatives appointed by the Board shall be chosen from individuals elected by the Chancellor's Faculty Advisory Committee. Such representatives shall be appointed to serve terms of not less than one 12-month period, which shall be coterminous with the institution's fiscal year, or for such terms as may be mutually agreed to by the State Board for Community Colleges and the Chancellor's Faculty Advisory Committee, or by the local community college board or the board of visitors, as the case may be, and the institution's faculty senate or other equivalent group.

B. Nothing in this section shall prohibit the State Board for Community Colleges, local community college boards, or any boards of visitors from excluding such representatives from discussions of faculty grievances, faculty or staff disciplinary matters, or salaries, or other matters, at the discretion of the relevant board.

§ 23-9.2:5. Student representatives to boards of visitors.

A. The board of visitors of any four-year state public institution of higher education shall appoint one or more students as nonvoting, advisory representatives. Such representatives shall be appointed under such circumstances chosen from individuals elected by the institution's student body, student government, or other equivalent group of the relevant institution and serve for such terms as the board of visitors of the institution shall prescribe.

B. Nothing in this section shall prohibit any board of visitors from excluding such representatives from discussions of faculty grievances, faculty or staff disciplinary matters or salaries, or other matters, at the discretion of the board.

§ 23-74. Meetings of board of visitors; quorum; rector and vice-rector; secretary.

The board of visitors shall meet at the University once a year, and at such other times as they shall determine, the days of meeting to be fixed by them. Five A majority of members shall constitute a quorum.

The board of visitors shall appoint, from among its members, a rector to preside at their meetings and a vice-rector to preside at their meetings in the absence of the rector. The rector and the vice-rector shall also perform such additional duties as the board may prescribe. The terms of the rector and vice-rector shall be for two years, commencing on July 1 of the year of appointment and expiring on June 30 of the year of the expiration of their terms.

The board shall also appoint a secretary for such term and with such duties as the board shall prescribe.

The board may also appoint a substitute pro tempore, as provided in its bylaws, to preside in the absence of the rector or the vice-rector.

Vacancies in the office of rector, vice-rector or secretary may be filled by the board for the unexpired term, as provided in the Board's bylaws.

Special meetings of the board may be called by the rector or any three members. In either of such cases, notice of the time of meeting shall be given by the secretary to every member.


SENATE BILL NO. 1086
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Education and Health
on January 31, 2013)
(Patron Prior to Substitute--Senator Deeds)
A BILL to amend and reenact § 23-74 of the Code of Virginia, relating to the University of Virginia Board of Visitors; quorum.

Be it enacted by the General Assembly of Virginia:

1.  That § 23-74 of the Code of Virginia is amended and reenacted as follows:

§ 23-74. Meetings of board of visitors; quorum; rector and vice-rector; secretary.

The board of visitors shall meet at the University once a year, and at such other times as they shall determine, the days of meeting to be fixed by them. Five A majority of members shall constitute a quorum.

The board of visitors shall appoint, from among its members, a rector to preside at their meetings and a vice-rector to preside at their meetings in the absence of the rector. The rector and the vice-rector shall also perform such additional duties as the board may prescribe. The terms of the rector and vice-rector shall be for two years, commencing on July 1 of the year of appointment and expiring on June 30 of the year of the expiration of their terms.

The board shall also appoint a secretary for such term and with such duties as the board shall prescribe.

The board may also appoint a substitute pro tempore, as provided in its bylaws, to preside in the absence of the rector or the vice-rector.

Vacancies in the office of rector, vice-rector or secretary may be filled by the board for the unexpired term, as provided in the Board's bylaws.

Special meetings of the board may be called by the rector or any three members. In either of such cases, notice of the time of meeting shall be given by the secretary to every member.

SENATE BILL NO. 1086

Offered January 9, 2013
Prefiled January 9, 2013
A BILL to amend and reenact 23-70 and 23-74 of the Code of Virginia and the third enactment of Chapter 655 of the Acts of Assembly of 2003 and to amend the Code of Virginia by adding a section numbered 23-70.1, relating to the University of Virginia Board of Visitors; composition and quorum.
Patron-- Deeds

Referred to Committee on Education and Health

Be it enacted by the General Assembly of Virginia:

1.  That 23-70 and 23-74 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 23-70.1 as follows:

23-70. Appointment of visitors; number and terms of office.

A. The board of visitors is to consist of 17 visitors appointed by the Governor, of whom (i) at least 12 shall be appointed from the Commonwealth at large, (ii) at least 12 shall be alumni of the University of Virginia, and (iii) at least one shall be a physician with administrative and clinical experience in an academic medical center, and (iv) at least one shall have administrative experience at an institution of higher education or have experience as a professor in the study of higher education.

B. All appointments on or after July 1, 2008, shall be for terms of four years and commence July 1 of the first year of appointment, except that appointments to fill vacancies shall be made for the unexpired terms. Members shall complete their service on June 30 of the year in which their respective terms expire, including appointments made prior to July 1, 2008. All appointments for full terms, as well as to fill vacancies, shall be made by the Governor subject to confirmation by the Senate and the House of Delegates.

23-70.1. Appointment of a nonvoting advisory faculty member to the board of visitors.

A. The board of visitors shall appoint a faculty representative to serve in a nonvoting advisory capacity. Such faculty representative shall be permitted to serve for so long as he is currently employed in a full-time teaching position at the University of Virginia. Such appointment shall be made for a term of two years, except that the appointment to fill a vacancy shall be for the unexpired term. The faculty representative shall serve no more than two full terms.

B. The faculty representative shall not be construed to be a member of the board of visitors for any purpose, including establishing a quorum or making any official decision.

C. Nothing in this section shall preclude the board of visitors from appointing additional nonvoting advisory faculty representatives to the board pursuant to 23-9.2:4.1.

23-74. Meetings of board of visitors; quorum; rector and vice-rector; secretary.

The board of visitors shall meet at the University once a year, and at such other times as they shall determine, the days of meeting to be fixed by them. Five A majority of members shall constitute a quorum.

The board of visitors shall appoint, from among its members, a rector to preside at their meetings and a vice-rector to preside at their meetings in the absence of the rector. The rector and the vice-rector shall also perform such additional duties as the board may prescribe. The terms of the rector and vice-rector shall be for two years, commencing on July 1 of the year of appointment and expiring on June 30 of the year of the expiration of their terms.

The board shall also appoint a secretary for such term and with such duties as the board shall prescribe.

The board may also appoint a substitute pro tempore, as provided in its bylaws, to preside in the absence of the rector or the vice-rector.

Vacancies in the office of rector, vice-rector or secretary may be filled by the board for the unexpired term, as provided in the Board's bylaws.

Special meetings of the board may be called by the rector or any three members. In either of such cases, notice of the time of meeting shall be given by the secretary to every member.

2.  That the third enactment of Chapter 655 of the Acts of Assembly of 2003 is amended and reenacted as follows:

3.  That, upon passage of this act, the board of visitors of the University of Virginia shall appoint a vice-rector and shall provide, in its bylaws, that a vice-rector shall be appointed every two years and shall automatically succeed the rector, upon expiration of the rector's term.