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

May 20, 2003
Richmond

Initial Review of Boards and Commissions

The subcommittee began its review and discussion of the 10 collegial bodies selected for consideration at the March 18 meeting. After receiving a brief overview of each collegial body’s current situation by staff, a representative from the administration provided further information and stated whether the executive branch had a position on the elimination or consolidation of the collegial body. The chairs of each board and the public in attendance were then invited to provide additional comment.

Advisory Board on Rehabilitation Providers

The advisory board recommends to the Boards of Counseling, Medicine, Nursing, Psychology and Social Work regulatory criteria for the voluntary certification of their licensees who provide rehabilitation services and for standards of conduct of licensees so certified. A representative of the Department of Health Professions stated that there are currently 376 licensed rehabilitation providers, and the activities necessary to regulate the providers are being carried out by the Board of Counseling, which has the authority to form an ad hoc advisory group if needed. He also reported that the administration has taken no formal position on the elimination or consolidation of this board.

Advisory Committee on Certified Practices

The advisory committee recommends to the Boards of Counseling, Medicine, Nursing, Psychology and Social Work standards for the voluntary certification of their licensees as sex offender treatment providers. A representative of the Department of Health Professions stated that there are 329 certified sex offender treatment providers, and the activities necessary to regulate the providers are being carried out by the Board of Psychology, which has the authority to form an ad hoc advisory group if needed. The representative stated that the committee’s functions are subsumed within the Board of Psychology and that the committee could be eliminated.

Psychological Practices Audit Committee

In 1996, the licensing of psychologists was consolidated under the Board of Psychology. Prior to this time, the Board of Medicine licensed clinical psychologists and the Board of Psychology licensed all other psychologists. The law allows the Board of Psychology to appoint an audit committee to review the practices of disciplined licensees to ascertain whether their practices conform to the conditions placed on their licenses by the board. The oversight provisions were copied from the statutes establishing the Medical Practices Audit Committee and the Medical Complaint Investigation Committee under the Board of Medicine. However, a representative of the Department of Health Professions reported that the three committees have fallen into disuse. The representative stated that the Board of Psychology and the department could carry out the functions of the Psychological Practices Audit Committee.

Sweet Potato Board

The Sweet Potato Board was established as a promotional board to support the sweet potato industry through grants for education, research, and marketing. The Commissioner of the Department of Agriculture and Consumer Services reported that the members of the Sweet Potato Association favor the elimination of the board because the production of sweet potatoes has dramatically declined in Virginia in recent years.

Advisory Council on the Virginia Business-Education Partnership Program

The advisory council currently assists the Secretary of Education in implementing the Virginia Business-Education Partnership Program and in facilitating the development of strategic partnerships between the public and private sectors to enhance public education and workforce training. The purpose of the program is to provide a grant process for localities to receive federal funding. However, federal funding for the program will end in December 2003 and local programs will have to find another source of funding. The Deputy Secretary of Education testified that the Virginia Business-Education Partnership (VBEP) is now evaluating the programs and funding and will provide a report in December.

Charity Food Assistance Advisory Board

The board was originally created to advise the Virginia Department of Agriculture and Consumer Services (VDACS) on the tax credit program and a food purchase and distribution program. The Commissioner of VDACS stated that these two programs have not materialized and funding has never been allocated.

Design-Build/Construction Management Review Board

The board reviews public body submissions to determine if the process for the selection, evaluation, and award of design/build management contracts complies with the Code and makes post-project evaluation. Prior to the creation of the board, the General Assembly had to approve each locality’s design/build project. In 2002, the General Assembly also passed the Public-Private Education Facilities and Infrastructure Act (PPEA), which some believe may negate the need for the board because it allows localities exemptions from the board’s review and the Virginia Procurement Act. Members of the subcommittee concurred with several speakers that that the PPEA may prove to be a replacement for the board, but the decision to eliminate the board should be deferred. Localities may not want to enter a public-private partnership and in these instances the board could provide expertise based on its membership and its experience.

Recycling Markets Development Council

Although the council is primarily charged with promoting and stimulating demand for recycled or recovered materials, subcommittee members learned that the current focus of the council is on improving the supply and quantity of recyclables and the infrastructure for recycling markets. A representative of the Department of Environmental Quality stated that the council’s responsibilities are so broad that fulfillment of their mandates is an unattainable task. He reported that the administration supports the elimination of the council. The chair of the council assured the subcommittee that markets and demand exist. Some of the industries that currently use recycled goods include Chaparral Steel, Georgia Pacific, International Paper, and the aluminum industry. He emphasized that the council does not want recyclable materials ending up in the landfill.

Child Protective Services Out-of-Family Investigations Advisory Committee and Advisory Board for Child Abuse and Neglect

At first glance the missions of the advisory committee and the advisory board appear to contain some overlap in addressing child abuse and neglect issues. However, the Commissioner of the Department of Social Services explained that there are a lot of unresolved issues in out-of-family settings, particularly in schools, that should be addressed by a separate advisory committee. The chair of the advisory board and the chair of the Board of Social Services also echoed the Commissioner’s remarks that the two entities should be retained to address their separate agendas.

Child Day-Care Council and the Board of Social Services

The Child Day-Care Council and the Board of Social Services have related responsibilities in the regulation of child day-care settings. The council was established during a period of tremendous growth in the child-care industry. The council promulgates regulations for the licensure and operation of child day-care centers, and the Board of Social Services promulgates regulations for the activities, services, and facilities of family day home providers. The Commissioner of the Department of Social Services outlined the following advantages and disadvantages for merging the council into the board.

Advantages:

• Consolidates the responsibility and accountability for regulating child day-care in one entity;
• Offers citizens coherent policy making and consistency across child-care regulations;
• Enhances the perception that an objective board is setting policy;
• Creates modest time and cost savings.

Disadvantages:

• Reduces the focus on day-care center regulations;
• Creates a loss of expertise and knowledge, unless a diverse advisory body is created;
• Raises the risk that the board would not give day-care center issues sufficient attention.

The chair of the Day-Care Council stated that the council should be maintained in its present form, but indicated that at the minimum the council should be retained as an advisory council to the Board of Social Services. The chair of the Board of Social Services stated that board would be able to promulgate the four council regulations because the board already promulgates similar regulations for family day homes. Other speakers supported retention of the council and the status quo pointing to (i) the diversity and expertise of the council members, (ii) the current workload of the Board of Social Services, which is responsible for 100 other regulations, and (iii) the high parental satisfaction rates with day-care providers.

Timely Governor’s Appointments

The Secretary of the Commonwealth appeared before the subcommittee to respond to the subcommittee’s questions about how to ensure timely Governor’s appointments. The Secretary stated that her office has adequate resources and has worked diligently during the last 18 months to create a smoother process for making appointments. The office has a new software program and an improved notification process to state agencies regarding term expirations for members of the agencies’ affiliated boards. When the Secretary assumed her office, there were 250 unfilled vacancies, and today there are only 11 unfilled seats. She recommended the establishment of a deadline of two months prior to the expiration of a term for candidates to submit their applications for consideration. The deadline could be established either by law or through a policy set by the Governor.

The Secretary also discussed the need for clarification in circumstances where appointees are representatives of associations. She wanted to know whether this means the appointee has to actually be a member of the association or can the appointee just represent the association. During the subcommit-tee’s discussion of automatic reappointments and the designation of alternative appointing authorities if the Governor fails to make timely appointments, the Secretary stated that her office would oppose any legislation that would take away the Governor’s final say in the appointment process. In her judgment, there are sufficient incentives for the Governor to make those appointments in an expeditious manner; however, the process does take time.

Future Review of Collegial Bodies in September

Except for the Design Build/Construction Management Review Board, the subcommittee agreed to continue its review of the other nine collegial bodies and expects to make recommendations on these entities at the September meeting. The subcommittee requested staff to expand the scope of contact to ensure that all board members and representatives of the regulated communities are contacted prior to the September meeting. The subcommittee also asked the administration to provide a firm position regarding the elimination or consolidation of each collegial body. The subcommittee will also begin a review of the Timberland Reforestation Board, the Board of Forestry, the Interagency Coordinating Council on Housing for the Disabled, the Advisory Boards of the Virginia Industries for the Blind (Charlottesville and Richmond), and the Early Intervention Agencies Committee.

The subcommittee’s next meeting is scheduled for September 16 at 1:00 p.m. in House Room C of the General Assembly Building.

Chairman:

The Hon. Stephen H. Martin

For information, contact:

Ginny Edwards
Division of Legislative Services

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

THE RECORD

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