HJR 159: Joint Subcommittee to Study
the Operations, Practices, Duties, and Funding of Virginia's Agencies,
Boards, Commissions, Councils, and Other Governmental Entities
November 30, 2002
December 10, 2002
Richmond
The joint subcommittee concluded
its first year of study by making additional recommendations on the elimination
and consolidation of collegial bodies discussed at its earlier meetings.
The subcommittee also revisited its recommendation regarding the consolidation
of the Board for Hearing Aid Specialists and the Board of Audiology and
Speech-Language Pathology. An interim report of the joint subcommittee's
findings and recommendations was approved and will be published and available
as House Document 13 prior to the beginning of 2003 Regular Session.
Collegial Bodies Initially
Reviewed at the 9/25 and 10/23 Meetings
Merger of the Board for Hearing Aid Specialists
and the Board of Audiology and Speech-Language Pathology
The subcommittee reconsidered
its earlier recommendation to merge the boards after learning that the
Board for Hearing Aid Specialists, composed of new members, had recently
met and voiced strong opposition to the plan. In a letter presented to
the joint subcommittee, the Board for Hearing Aid Specialists stated that
the focus of each board is very different and a merger would have detrimental
effect on the service and protection of those with hearing disorders.
A member of the subcommittee also pointed out a disparity problem with
a merged board composed of equal members from the three professions because
speech-language pathologists currently outnumber members of the other
two hearing disorder professions by five or six times.
Subcommittee action:
Recommend no action. The separate boards should be retained.
Elimination of the Board of Regents of
the James Monroe Law Office-Museum and Memorial Library
A representative of the Office
of the Secretary of Education summarized an informal opinion of the Attorney
General regarding several issues relating to the board's legal status.
The Attorney General concluded that language in the Appropriations Act
allowing the Governor to make appointments contrary to the deed of gift
was not legal (i.e., selecting appointees who were not on a list of names
provided by the James Monroe Memorial Foundation). The power to amend
the terms of the deed of gift belongs exclusively to the judicial branch.
The opinion also concluded that the deed did not provide for the reversion
of the property to the descendants of the grantor if the Board of Regents
was unilaterally dissolved.
Subcommittee action:
Recommend no action.
Consolidation of the Scenic River Advisory
Boards
A representative of the Department
of Conservation and Recreation presented a consolidation plan of the 19
scenic river advisory boards endorsed by the Secretary of Natural Resources.
The plan creates the Virginia Scenic River Board, eliminates the Virginia
scenic river advisory boards, and provides for local scenic river advisory
committees established by the director of the department or local governing
bodies. The bill will require a report by the Department of Conservation
and Recreation in 2009 to evaluate the effectiveness of the new state
board.
Subcommittee action:
Recommend consolidation of regional boards into a state scenic river
board.
Collegial Bodies Initially
Reviewed at the 11/30 Meeting and Action Taken by the Subcommittee
AIDS Advisory Committee
A representative of the Department
of Health testified that the committee was established in 1989 to assist
the Board of Health in AIDS services and education grants. The committee
is constituted only on an ad-hoc basis when there are new grants to award.
Even without the formal committee, the Department of Health would continue
to seek the advice of experts knowledgeable in HIV issues to assist with
the administration of the grants process.
Subcommittee action:
Recommend elimination of the committee and require the department to
seek the advice of persons knowledgeable in AIDS education and service
delivery in administering the grants program.
Advisory Committee for the Regional Competitiveness
Act
A representative of the Department
of Housing and Community Development stated that the committee was established
in 1996 to develop recommendations for the distribution of funds to be
used to encourage and reward regional strategic economic development planning
and joint activities. The committee has not been very active, and the
program is not funded for the 2002–2004 biennium. The administration
has not taken a position on this recommendation, but elimination of the
committee would complement the department's efforts to streamline.
Subcommittee action:
Recommend elimination of the committee.
Board on Conservation and Preservation
of Public Beaches, the Board of Trustees of the Virginia State Parks Foundation
Board of Trustees and the Board of Conservation and Recreation.
A representative of the Department
of Conservation and Recreation stated that the administration supports
the merger of the boards and the foundation into the Board of Conservation
and Recreation. A previous JLARC report had recommended this consolidation.
Subcommittee action:
Recommend consolidation of all boards into the Board of Conservation
and Recreation.
Virginia Soil and Water Conservation
Board and Board of Conservation and Recreation
A representative of the Department
of Conservation and Recreation stated that the Soil and Water Conservation
Board oversees 47 soil and water conservation districts. The board funds
contracts, determines district boundaries, and regulates erosion and sediment
control and dam safety. He stated that an earlier JLARC report recommended
the merger of the Soil and Water Conservation Board and the Board of Conservation
and Recreation. However, the administration does not support the merger
of the two boards because they have distinct functions. As an alternative,
the administration is proposing to change the make-up of the membership
to the Soil and Water Conservation Board.
Subcommittee action:
Recommend no action. The separate boards should be retained.
Regional Open Space Preservation Advisory
Boards
The advisory boards were established
to evaluate grant applications and develop recommendations for the distribution
of funds to aid localities acquiring open-space easements or persons conveying
conservation or open-space easements. A representative of the Virginia
Outdoors Foundation testified that the regional boards rank the applications,
but the Virginia Outdoors Foundation Board of Trustees makes the final
determination in awarding the grants. Most of the advisory boards have
not been meeting because of the lack of funds available for the grants.
Subcommittee action:
Recommend elimination of the advisory boards and require regional representation
on the Virginia Outdoors Foundation Board of Trustees.
Virginia Juvenile Enterprise Committee
and Board of Juvenile Justice
The Director of the Department
of Juvenile Justice testified that the committee and board have very different
missions that could be problematic if the board absorbed the committee.
He stated that the department wants to strengthen and expand the scope
of the committee to include other volunteers who are devoted to helping
the youth of the Commonwealth achieve marketable skills and job experience.
Subcommittee action:
Recommend no action. The committee should be retained as a separate
entity.
Public Guardian and Conservator Advisory
Board and Commonwealth Council on Aging
The Director of the Department
of Aging stated that the department opposes the consolidation or merger
of the board and council. He stressed that the Public Guardianship Program
is not inherently an aging program. The board is currently active and
the administration believes the board will have increased importance in
the future. He stated that appointing guardians to incapacitated persons
has resulted in cost savings to the State's Medicaid program and
the budget of the Department of Mental Health, Mental Retardation, and
Substance Abuse Services.
Subcommittee action:
Recommend no action. The board and council should be retained
as separate entities.
Specialized Transportation Council and
the Disability Commission
A representative of the Office
of the Lieutenant Governor stated that a major focus of the Disability
Commission is on specialized transportation needs. Staff to the subcommittee
noted that there is already a coordinated interaction between the two
entities because the Lieutenant Governor serves as co-chair of the Specialized
Transportation Council and chairman of the Disability Commission. The
Disability Commission also serves as staff to the council.
Subcommittee action:
Recommend elimination of the council and its technical advisory
committee and transfer of their duties to the Disability Commission.
Board for Opticians and Board of Optometry
The Director of the Department
of Health Professions testified that the two professions are different
in practice and both have distinct roles. There are approximately 1,300
licensed optometrists and 1,800 licensed opticians; some are dually licensed.
The director of the Department of Professional and Occupational Regulation
stated that the Governor has not reviewed this proposal and that opposition
is expected from the regulated communities. A letter submitted to the
subcommittee from the executive director of the Virginia Optometric Association,
Inc. included the association's position opposing the merger proposal.
The association cited a number of differences between the two boards,
including vast differences in education, training, and scope of practice.
The association noted that no other state has an optometry board responsible
for licensing or regulating opticians.
Subcommittee action:
Recommend no action. The separate boards should be maintained.
Records on Collegial Bodies
The subcommittee reviewed and
recommended legislation to require the Secretary of the Commonwealth to
maintain and then provide to the Governor-elect the following information
on collegial bodies:
- Authority for each appointment;
- Term length and term expiration
dates for each appointee;
- Eligibility requirements
or other restrictions affecting the next appointments;
- Name, address and telephone
number of each appointee;
- Notation of the chairman
and vice chairman; and
- Name of the affiliated agency
or entity providing staff support and the contact information
The Secretary of the Commonwealth
stated that the Governor was in favor of this legislation and had included
it in his legislative package on boards and commissions.
2003 Meeting Schedule
The joint subcommittee adopted
the following meeting schedule for the 2003 interim:
- March 18, 2003, at 1:00 p.m.
in House Room C,
- May 20, 2003, at 1:00 p.m.
in House Room C,
- September 16, 2003, at 1:00
p.m. in House Room C,
- November 18, 2003, at 1:00
p.m. in House Room C.
Chairman:
The Hon. Jay O'Brien
For information, contact:
Ginny Edwards
Division of Legislative Services
Website: http://dls.state.va.us/hjr159.htm
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