HJR 159: Joint Subcommittee to Study
the Operations, Practices, Duties, and Funding of Virginia's Agencies,
Boards, Commissions, Councils, and Other Governmental Entities
September 16, 2003
Richmond
AG’s Opinion
Staff summarized
an Attorney General’s opinion issued on September 11, 2003, that
responded to questions posed by the subcommittee regarding the compensation
and reimbursement of expenses for members of collegial bodies. According
to the opinion, only members of state collegial bodies that are established
or authorized to be established by the General Assembly are entitled to
compensation and reimbursement of expenses. The opinion also stated that
the enabling statute creating the collegial body governs over the general
compensation and expense statutes in Title 2.2 unless the enabling statute
is silent on the issue of compensation and reimbursement. The issue of
which statute (enabling or general) was enacted last is not relevant unless
the two statutes are “irreconcilably inconsistent.”
Staff indicated that
the next steps for the subcommittee could be to determine if the statutes
(as interpreted) provide an appropriate entitlement policy for collegial
body members or if a procedure for collegial body members to waive their
compensation and expenses should be codified. Although the subcommittee
did not take any action on the Attorney General’s opinion, the members
agreed that those issues could be revisited at the next meeting.
Dormant Financial Accounts
Staff reported that
of the 329 special fund accounts that were identified, only 13 appeared
to meet all the criteria for dormancy — a special fund detail account
established by specific legislation with no financial activity or a static
balance for at least two years. Most of the funds that were identified
were active accounts with a total balance of $1.4 billion as of June 30,
2003.
Staff presented background
information regarding the agency association, Code of Virginia citation,
purpose, funding mechanism, and situation of the following 13 dormant
accounts.
- Blue Ridge Economic
Development Revolving Fund
- Alternative Water
Supply Assistance Fund
- Workforce Development
Training Fund
- Advantage Virginia
Incentive Fund
- Reading Incentive
Grants Fund
- Virginia Educational
Excellence Incentive Reward Fund
- Families in Education
Incentive Grants Fund
- Community-Based
Intervention Program for Suspended and Expelled Students Fund
- Artists in the
Classroom Grants Fund
- Virginia Undergraduate
Career and Technical Incentive Scholarship Fund
- Higher Education
Incentive Fund
- Information Technology
Employment Performance Grant Fund
- Landfill Cleanup
and Closure Fund
Staff indicated
that most of the associated agency directors agreed with the repeal of
the special funds. However, the director of the Department of Housing
and Community Development stated that he did not have a position regarding
the repeal of the Blue Ridge Economic Development Revolving Fund and the
Alternative Water Supply Assistance Fund. In addition, the director of
the Department of Environmental Quality indicated that he did not have
a position on the repeal of the Landfill Cleanup and Closure Fund.
Agency Reporting Requirements
Staff reported the
results of a survey of state agencies that asked them to identify obsolete,
duplicative, and unnecessary reports. Of the 135 reports initially identified
by agencies, 42 were found to be good candidates for elimination this
year. In addition, staff identified four general provisions covering reporting
requirements that are obsolete or need further review.
First, staff identified
as obsolete the statutory responsibility of the Department of General
Services (DGS) to assist agencies with publishing reports and maintaining
a distribution list for the receipt of hard copies of annual and biennial
reports. According to DGS personnel, the agency has not been involved
with agency publications in recent memory. In addition, several persons
on the distribution list for annual and biennial reports indicated that
receiving a list of available reports would be more beneficial than receiving
hard copies of the reports.
Second, staff identified
as obsolete the provision requiring agencies to submit up to 100 copies
of each state publication, if requested by the Library of Virginia. Currently,
the library only requests 20 copies from agencies to satisfy the requirements
of the depository system.
Third, staff identified
as obsolete the provision requiring agencies to report the costs of publishing
each report to the Library of Virginia. These estimates have generally
not been included with the reports because the total costs, including
staff time, are difficult to determine. The library has not received requests
for the cost information and considers the information to be of a low
value.
Finally, staff identified
the need for further review of the depository system and the Virginia
Public Records Act and its application to electronic records. Several
agencies identified potential cost savings if they were allowed to publish
reports electronically on their agency’s website. Also, the Librarian
of Virginia stated that incredible economies could be realized following
a proper review of the depository system. The librarian suggested that
the subcommittee could recommend the creation of a joint subcommittee
to examine the Virginia Public Records Act that would focus on examining
the long-term reduction of report printing and distribution and the archiving
of state electronic records.
The subcommittee
recommended the following actions on agency reporting requirements:
- Eliminate 42 reports
required by the Code, the Appropriation Act, or administrative mandate.
- Request DLAS
and the House Clerk’s office to develop and maintain a comprehensive
list of reports due to the General Assembly on the General Assembly
website, subject to review by the Joint Rules Committee.
- Repeal §§
2.2-1126 and 2.2-1127 that require the Department of General Services
to assist and coordinate the distribution of annual reports and create
an on-demand notification of agency annual and biennial reports available
on the General Assembly website and on-demand paper distribution of
such reports to legislative members.
- Revise §
2.2-609 of the Code of Virginia to reduce from 100 to 20 the maximum
copies of state publications that the Library of Virginia may receive.
- Revise §
2.2-609 of the Code of Virginia to remove the language requiring agencies
to furnish cost information for all publications to the Library of Virginia.
- Create a joint
subcommittee study of the Virginia Public Records Act and its application
to electronic records that would also result in the long-term reduction
of report printing and distribution, as well as the archiving of state
electronic records.
Boards and Commissions
The subcommittee
recommended the following actions on boards and commissions initially
reviewed at the September meeting:
- Eliminate of the
Advisory Board on Rehabilitation Providers.
- Eliminate of the
Advisory Committee on Certified Practices.
- Eliminate the
Code of Virginia section authorizing the Board of Psychology to create
sychological Practices Audit Committees.
- Eliminate the
Sweet Potato Board.
- Eliminate the
Advisory Council to the Virginia Business-Education Partnership Program.
- Eliminate the
Charity Food Assistance Advisory Board.
- Add to the duties
of the Advisory Board on Child Abuse and Neglect the requirement to
provide advice on child abuse and neglect issues identified by the commissioner
of the Department of Social Services.
- Discontinue any
further review of the Child Day-Care Council.
The subcommittee
also renewed its commitment to introducing a bill to eliminate the Board
of Military Affairs pursuant to its recommendation adopted last year.
Review and Discussion of Second
Round of Collegial Bodies
Reforestation
Board and Board of Forestry
The deputy state
forester, speaking on behalf of the administration, and the chair of the
Reforestation Board expressed opposition to the consolidation of the two
boards. They stated that the current focus and composition of the boards
presented obstacles to consolidation. The Reforestation Board focuses
on the more technical matters of reforestation, including the cost-share
rate, and the membership of the Reforestation Board is comprised of mostly
industry representatives, who have more technical knowledge of reforestation
practices than members of the Board of Forestry. Although the chair of
the Board of Forestry and vice president of the Virginia Forestry Association
acknowledged that the Reforestation Board could become a subcommittee
under a reconstituted Board of Forestry with higher industry representation,
members of the subcommittee were concerned that reforestation issues would
not receive the appropriate attention. The subcommittee members agreed
not to continue these boards for further review at the November meeting.
Medical Practices
Audit Committees
The Board of Medicine
was given the authority to appoint licensed practitioners to medical practices
audit committees in 1983. These committees review the practices of the
disciplined licensees to ascertain whether their practices conform to
the conditions placed on their licensure by the Board of Medicine. The
Director of the Department of Health Professions confirmed that the administration
supported the elimination of these committees. These committees have not
been activated by the board because of the difficulty in finding practitioners
to serve as members. The Board of Medicine, the Department of Health Professions,
the Health Practitioners Intervention Program, and expert witnesses currently
carry out the functions of the committees.
Medical Complaint
Investigations Committees
The Board of Medicine
was given authority to convene medical complaint investigations committees
in 1977. These committees conduct informal inquiries for the purpose of
recommending to the Board of Medicine whether sufficient grounds exist
to warrant further proceedings by the board on whether disciplinary action
against a practitioner should be taken. The director of the Department
of Health Professions confirmed that the administration supported the
elimination of these committees. These committees have not been activated
by the board because of the difficulty in finding physicians to serve
as members. The Board of Medicine, the Department of Health Professions,
the Health Practitioners Intervention Program, and expert witnesses currently
carry out the functions of the committees.
Interagency
Coordinating Council on Housing for the Disabled
The council was created
in 1986 to provide and promote cross-Secretariat interagency leadership
for comprehensive planning and coordinating implementation of proposals
to increase and maximize the use of existing low-income housing for the
disabled and to develop a state policy on housing for the disabled for
submission to the Governor. Several other groups, including the Disability
Commission, are currently addressing housing for the disabled. The Secretaries
of Health and Human Resources and Commerce and Trade indicated in a letter
to the subcommittee that the involved agencies are currently working together,
but not under the authority of the council. However, the Secretaries responded
that they did not think it was necessary to eliminate the Council.
Advisory Boards
to the Virginia Industries for the Blind — Charlottesville and Richmond
Boards
The advisory boards
advise managers of manufacturing plants on business trends, product development,
contract opportunities, and other business matters and review and comment
on fiscal and budgetary matters concerning the operations of the manufacturing
and service industries. The commissioner of the Department for the Blind
and Vision Impaired stated that the administration supported the consolidation
of the two boards. According to the commissioner, the two boards began
to conduct joint meetings in 1998 as an efficiency measure, and the joint
venture has been proven to be successful.
Early Intervention
Agencies Committee
The Early Intervention
Agencies Committee (EIAC) was created in 1992 to ensure the implementation
of the comprehensive system for the early intervention services, to appoint
representatives to the federally mandated Virginia Interagency Coordinating
Council (VICC), and to make annual recommendations to the Secretary of
Health and Human Resources and the Secretary of Education on issues that
require interagency coordination, financing, and resolution. The manager
of MR Child and Family Services at the Department of Mental Health, Mental
Retardation, and Substance Abuse Services indicated that the Early Intervention
Interagency Management Team needed the committee to make decisions regarding
eligibility criteria and funding. The VICC assists the EIAC with global
issues, but does not discuss the budget and eligibility criteria.
Business for November Meeting
Except for the Board
of Forestry and the Reforestation Board, the subcommittee agreed to continue
review of all of the boards initially discussed at the meeting. The subcommittee
also agreed to examine proposals at the November meeting to (i) set a
limit on the total number of members of the Child Protective Services
Out-of-Family Investigations Advisory Committee and (ii) amend the duties
of the Recycling Markets Development Council and narrow the focus of its
statutory mission.
The next meeting,
originally scheduled for November 18, has been changed to November 14
at 2:00 p.m.
Chairman:
The Hon. Stephen H.
Martin
For information, contact:
Ginny Edwards
Division of Legislative Services
Website: http://dls.state.va.us/hjr159.htm
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