HJR 159: Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of Virginia's Agencies, Boards, Commissions, Councils, and Other Governmental Entities

September 25, 2002
October 23, 2002
November 20, 2002
Richmond

Review Process of Collegial Bodies

The joint subcommittee commenced its review of collegial bodies and adopted the following procedures to govern the conduct of its business.

Selection of collegial bodies for discussion meeting based on initial findings from staff's review of official records and the results of a survey of collegial body chairmen and agency personnel. The list of collegial bodies is approved by the chairman and vice chairman and placed on the agenda for the next meeting.
Notification to the appropriate secretary or secretaries of the scheduled discussion meeting of the subcommittee with a request to assemble appropriate individuals to present the executive branch's position. The secretaries are asked to respond to a set of routine questions:
- If the entity is not active, through what means is the board's mandate being carried out?
- Do special circumstances or considerations exist regarding this board?
- Should the board be consolidated with another entity? If so, what entity?
- Should the board be eliminated?
Discussion meeting held by the subcommittee in which the public is invited to comment and executive branch presents position.
Final vote taken by the subcommittee at its next meeting.

Collegial Bodies Initially Reviewed at the 9/25 Meeting and Action Taken by the Subcommittee

Reciprocity Board
A representative of the Department of Motor Vehicles stated that the board has not met since 1975, following the passage of the federal International Registration Plan. The board was created in 1942 to advise the Governor on reciprocal agreements with other states with respect to taxes on motor vehicles, the operation of motor vehicles, or any transaction incident to the operation of motor vehicles. The responsibilities of the board regarding reciprocal agreements are currently performed by the Department of Motor Vehicles pursuant to § 46.2-703.
Subcommittee action:
Recommend elimination of the board.

Home Care Services Advisory Committee
According to a representative of the Department of Health, the committee has not met since 1994 and an advisory committee convened by the State Department of Health currently carries out the functions of the committee, including the provision for public participation.
Subcommittee action:
Recommend elimination of the committee.

Maternal and Child Health Council
A representative of the State Department of Health stated that the council has met irregularly since 1992, and the duties of the council to advise and make recommendations to the State Board of Health regarding the regulation of home care organizations are currently being performed within the department.
Subcommittee action:
Recommend elimination of the council.

Board of Military Affairs
Established in 1930, the board has the responsibility to report to the Governor regarding military affairs. With the subsequent creation of the Secretariat of Public Safety, the necessity for the board to meet has diminished. The Adjutant General recommended that the board be abolished.
Subcommittee action:
Recommend elimination of the board.

Virginia Correctional Enterprises Advisory Board
A representative of the Department of Corrections stated that the board has never functioned to the full capacity authorized in the Code. Members of the subcommittee expressed concern that the board's purpose to evaluate products and services of Virginia Correctional Enterprises may be skewed toward advocacy. The members expressed concern that representatives on the board did not represent a broad spectrum of interests. In addition to the board, the executive staff of the Department of Corrections reviews the products of Virginia Correctional Enterprises on a regular basis.
Subcommittee action:
Recommend elimination of the board.

Board of Regents of the James Monroe Law Office-Museum and Memorial Library
The president of Mary Washington College stated that the board performs duplicative and unnecessary functions that are currently performed by the Board of Visitors of Mary Washington College. In addition, the Code of Virginia provides that the Board of Visitors of Mary Washington College has oversight and control of the museum. This authority was reaffirmed by a 1982 decision of the Virginia Supreme Court that arose from a challenge to the Board of Visitors' authority. On November 19, 2002, the Board of Regents voted to request the subcommittee to recommend its termination to the Governor and the General Assembly. At the November 20 subcommittee meeting, the chairman of the Board of Regents and two members of the board spoke in opposition to the elimination of board and asserted that Mary Washington College did not have the legal authority to manage the museum under the terms of the original deed of conveyance.
Subcommittee action:
Pending (the subcommittee is awaiting an opinion from the Attorney General for its December meeting regarding the deed restrictions).

Gunston Hall Board of Visitors
The director of the Gunston Hall Plantation stated that a deed of gift conveyed Gunston Hall to the state and provided for a Board of Visitors to report on the activities of the Board of Regents to the Governor. The subcommittee discussed whether to ask the Attorney General for an opinion to determine if changing the configuration of the boards (a condition specified in the original conveyance) would cause a reversion of the property to the descendents of the owners. The subcommittee determined that the restrictions in the deed were specific and agreed not to impose upon the Attorney General's time when the state expends no funds for the maintenance of the boards.
Subcommittee action:
No action (the terms of the deed establishing the boards should govern).

State Advisory Council to the National Legal Services Corporation
The executive director of the Legal Services Corporation of Virginia and a representative of the Virginia State Bar testified that state advisory councils to the National Legal Services Corporations have not been active for some time and that no federal money for legal aid is tied to the appointment of a council in Virginia. The corporation and the State Bar carry out the primary functions of the council by providing significant system oversight of legal aid programs and attorneys who provide legal aid services.
Subcommittee action:
No action (however, staff should continue to monitor activity at the federal level to determine if the state advisory councils are being reactivated).

Southside Virginia Business and Education Commission
A representative of Longwood University stated that the university acted as the commission's fiscal agent but had no responsibility for the commission's activities. The representative stated that the commission could still be helpful and emphasized the importance of having a skilled workforce for the Southside area. In 2002, the commission lost all of its funding and staff.
Subcommittee action:
Recommend elimination of the commission.

Board of the Southside Virginia Development Authority/Blue Ridge Economic Development Advisory Council
The general counsel to the Virginia Economic Development Partnership stated that the authority and council have not met and indicated that the work of these collegial bodies was being carried out by regional economic development marketing organizations and localities working directly with economic developers.
Subcommittee action:
Recommend elimination of the authority and the council.

Collegial Bodies Reviewed at the 10/23 Meeting and Action Taken by the Subcommittee

Scenic River Advisory Boards
A representative of the Department of Conservation and Recreation told the subcommittee that some of the advisory boards have remained active, but most have not met. The Governor and the secretary of natural resources are exploring several options regarding the structure of the scenic rivers advisory boards, including the revitalization of inactive boards and the merger of all the boards into one board. The chairman of the Historic Falls of the James Scenic River Advisory Board stated that the board had been very active, and he urged the subcommittee to keep the active boards as separate entities.
Subcommittee action:
Pending (the subcommittee is awaiting a specific plan from the secretary of natural resources at its December meeting regarding how to handle the scenic river advisory boards).

State Networking Users Assistance Board
The deputy secretary of education testified that the board was created in the 1980s to enable integration of the library networking system between the Library of Virginia and other libraries across the state. He stated that the board's objective had been accomplished and the secretary of education and the Library Board concur in the recommendation for its elimination.
Subcommittee action:
Recommend elimination of the board.

State Public Records Advisory Council
The deputy secretary of education stated that the secretary of education recommends that the council be retained for one year and reassessed as part of a broader review of the Virginia Public Records Act. A representative of the Library of Virginia confirmed that the council holds one meeting a year to provide updates to members. Although offering some value, the one-way exchange of information may not be enough to justify the continuance of the council.
Subcommittee action:
Recommend elimination of the council.

Human Services Information and Referral Advisory Council
The deputy commissioner of social services stated that Joint Legislative Audit and Review Commission (JLARC) conducted a study on the council in 1995 and recommended that the council move to a self-sustaining operation. The council has been moving in this direction.
Subcommittee action:
Recommend elimination of the council.

National Voter Registration Act (NVRA) Coordinating Committee
A representative of the State Board of Elections reported that the committee was formed in 1999 as a result of a JLARC study of the State Board of Elections. No recommendation has ever emerged from the committee because of independent action initiated by the State Board of Elections and other agencies to resolve problems relating to the implementation of the National Voter Registration Act. The representative indicated that the duties previously envisioned for the committee are being carried out by one full-time staff position in the Department of Motor Vehicles and one full-time staff position for disabled citizens in the Secretariat of Health and Human Resources.
Subcommittee action:
Recommend elimination of the committee.

Council on the Status of Women
The deputy commissioner of the Department of Social Services stated that the council lost its independent staff in 1991 and does not currently receive funding. The secretary of health and human resources supports the elimination or transfer of responsibilities to another entity given the current budget situation.
Subcommittee action:
Recommend elimination of the council.

Board of Rehabilitative Services/State Rehabilitative Council
A representative of the Department of Rehabilitative Services (DRS) described how the council's interests in vocational rehabilitation are closely related to all of the DRS programs. He confirmed that the council's responsibilities could be naturally extended to provide advice and guidance on other DRS programs.
Subcommittee action:
Recommend merger of the Board of Rehabilitative Services into the State Rehabilitative Council (staff is instructed to work with the department in developing legislation for merging the two boards for introduction at the 2003 Regular Session).

Virginia Advisory Council on Adult Education and Literacy
The chair of the council testified that he supported the elimination of the council because it lacked a coordinative effort. He emphasized that the Board of Education's Subcommittee on Adult Education and Literacy could fulfill the mission of the council and have a greater local impact.
Subcommittee action:
Recommend elimination of the council.

Blue Ridge Regional Education and Training Council
The chair of the Blue Ridge Education and Training Council, who currently serves without remuneration, recommended that the council be continued so that it can find alternative sources of funding. The subcommittee discussed the different and overlapping responsibilities of council and the Workforce Investment Boards operating under the Workforce Investment Act.
Subcommittee action:
Recommend elimination of the council.

Cemetery Board/Board of Funeral Directors and Embalmers
The director of the Department of Health Professions stated that consolidation might not be popular with the regulated communities and would require a significant transfer of funds and staff from one department to the other. He pointed out that the two regulatory boards have different scopes and requirements but that commonalities existed in the clients served, the staff expertise, and the commercial aspects. The director of the Department of Professional and Occupational Regulation also cited different complexities in the regulatory scheme between the two boards, but said that regulants and consumers may benefit by having a single board that provides "one-stop-shopping." Several funeral directors voiced strong opposition to the merger of the two boards and asserted that the two professions deal with dissimilar issues. Funeral directors and embalmers are involved in many health issues, including working with organ donations, hazardous medical waste and infectious diseases. The scope of practice of cemetery operators primarily involves commercial transactions in the sale of real estate.
Subcommittee action:
No action—the separate boards should be maintained.

Virginia Council on Career and Technical Education
The deputy secretary of education stated that the council continues to play a valuable role. Authorization for the council under federal law ceased in 1998 and funding for the council's executive director will terminate in 2003.
Subcommittee action:
No action (the council should continue for the next year and its activities revisited by the subcommittee during its second year).

Science Museum of Virginia Board of Trustees/Virginia Museum of Natural History Board of Trustees/Virginia Museum of Fine Arts Board of Trustees
The deputy secretary of education stated that the Virginia Museum of Fine Arts is very active and does not share similarities with missions of the other two museums. The secretary of education does not support the merger of the Fine Arts Museum with the Science and Natural History Museums. The director of the Science Museum indicated willingness to explore a merger plan between the Natural History and Science Museums. The director of the Museum of Natural History expressed concern that factionalism would occur if the two boards were combined.
Subcommittee actions:
1. No Action on the merger of the Board of Trustees of the Virginia Museum of Fine Arts with the Boards of Trustees of the Natural History and Science Museums (the Board of Trustees of the Virginia Museum of Fine Arts should retain its independent status).
2. Recommend merger of the Boards of Trustees of the Natural History Museum and the Science Museum (staff is directed to work with the museums in developing legislation that combines the two boards, but retains the two separate fund-raising foundations).

Board for Hearing Aid Specialists/Board of Audiology and Speech-Language Pathology
The director of the Department of Health Professions stated that these boards are combined, and work well together, in at least eight states, including Maryland, Delaware, Wisconsin, Arizona, and Washington. He stated that 55 percent of the professionals in these areas are licensed under both boards. The director of the Department of Professional and Occupational Regulation indicated that there would be no opposition on the part of the hearing aid specialists to merging the boards if they received equal representation on the combined board. Representatives of the two boards voiced reservations about how board membership and the powers of a combined board would be determined.
Subcommittee action:
Recommend merger of the boards (staff is directed to work with the departments in developing legislation for the merger of the boards for introduction at the 2003 Regular Session).

Board for Waste Management Facility Operators
The director of the Department of Professional and Occupational Regulation stated that the department supports retaining the board. She stated that the board was needed to meet new challenges that arise from technological developments, such as the application of composting technology to captive waste streams. No other state entity currently performs duties similar to the board.
Subcommittee action:
No action—the board should be retained.

Board for Professional Soil Scientists and Wetland Professionals
The subcommittee reviewed concerns raised by the former chair of the board about the quality and turnover of staffing and timely appointments of members. The director of the Department of Professional and Occupation Regulation told the subcommittee that new appointments have been made to the board, including members to represent wetland delineators. The director also stated that the agency's staffing of the board has become more stable and the board's minutes are provided online.
Subcommittee action:
No action—the board should be retained.

Next Meeting

The final meeting of the subcommittee for this year is scheduled for December 10, 2002, at 11:00 a.m. in House Room 4 of the Capitol.

Chairman:

The Hon. Jay O'Brien

For information, contact:

Ginny Edwards
Division of Legislative Services

Website: http://dls.state.va.us/hjr159.htm

THE RECORD