Bill Text: VA HB1324 | 2018 | Regular Session | Comm Sub
Bill Title: Privileges & Elections, joint subcommittee of House & Senate Committees on; to review appointments.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2018-03-10 - Failed to pass [HB1324 Detail]
Download: Virginia-2018-HB1324-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §§2.2-106 and 2.2-107 of the Code of Virginia are amended and reenacted as follows:
§2.2-106. Appointment of agency heads; disclosure of resumes; severance.
A. Notwithstanding any provision of law to the contrary, the Governor shall appoint the administrative head of each agency of the executive branch of state government except the:
1. Executive Director of the Virginia Port Authority;
2. Director of the State Council of Higher Education for Virginia;
3. Executive Director of the Department of Game and Inland Fisheries;
4. Executive Director of the Jamestown-Yorktown Foundation;
5. Executive Director of the Motor Vehicle Dealer Board;
6. Librarian of Virginia;
7. Administrator of the Commonwealth's Attorneys' Services Council;
8. Executive Director of the Virginia Housing Development Authority; and
9. Executive Director of the Board of Accountancy.
However, the manner of selection of those heads of agencies chosen as set forth in the Constitution of Virginia shall continue without change. Each administrative head and Secretary appointed by the Governor pursuant to this section shall (i) be subject to confirmation by the General Assembly, (ii) have the professional qualifications prescribed by law, and (iii) serve at the pleasure of the Governor.
B. As part of the confirmation process for each administrative
head and Secretary, the Secretary of the Commonwealth shall provide copies of
the resumes and statements of economic interests filed pursuant to §2.2-3117
to the chairs of the House of Delegates and Senate Committees on Privileges and
Elections. For appointments made before January 1, copies shall be provided to
the chairs within 30 days of the appointment or by January 7 whichever time is
earlier; and for appointments made after January 1 through the regular session
of that year, copies shall be provided to the chairs within seven days of the
appointment. Each appointee shall be available for interviews by the Committees
on Privileges and Elections or other applicable standing committee. For the
purposes of this section and §2.2-107, there shall be a joint subcommittee of
the House of Delegates and Senate Committees on Privileges and Elections
consisting of five four members of the House Committee, to be
appointed by the Speaker of the House of Delegates in accordance with the
principles of proportional representation contained in the Rules of the House
of Delegates, and three four members of the Senate Committee
appointed by the respective chairs of the committees, to be appointed by
the Senate Committee on Rules, to review the resumes and statements of
economic interests of gubernatorial appointees. The members of the House of
Delegates shall be appointed in accordance with the principles of proportional
representation contained in the Rules of the House of Delegates. No appointment
confirmed by the General Assembly shall be subject to challenge by reason of a
failure to comply with the provisions of this subsection pertaining to the
confirmation process.
C. For the purpose of this section, "agency"
includes all administrative units established by law or by executive order that
are not (i) arms of the legislative or judicial branches of government; (ii)
institutions of higher education as classified under §§22.1-346, 23.1-1100,
23.1-3210, and 23.1-3216; (iii) regional planning districts, regional
transportation authorities or districts, or regional sanitation districts; and
(iv) assigned by law to other departments or agencies, not including
assignments to secretaries under Article 7 (§2.2-215 et seq.) of Chapter 2
of this title.
D. The resumes and applications for appointment submitted by persons who are appointed by the Governor pursuant to this section shall be available to the public upon request.
E. Severance benefits provided to any departing agency head, whether or not appointed by the Governor, shall be publicly announced by the appointing authority prior to such departure.
§2.2-107. Appointment of members of commissions, boards, and other collegial bodies; disclosure of resumes.
A. Except as provided in the Constitution of Virginia, or where the manner of selection of members of boards and commissions is by election by the General Assembly, or as provided in Title 3.2 or §54.1-901, but notwithstanding any other provision of law to the contrary, the Governor shall appoint all members of boards, commissions, councils or other collegial bodies created by the General Assembly in the executive branch of state government to terms of office as prescribed by law. Each member appointed pursuant to this section shall be subject to confirmation by the General Assembly and shall have the professional qualifications prescribed by law.
As part of the confirmation process for each gubernatorial
appointee, the Secretary of the Commonwealth shall provide copies of the resume
and statement of economic interests filed pursuant to §2.2-3117 or 2.2-3118,
as appropriate, to the chairs of the House of Delegates and Senate Committees
on Privileges and Elections. For the purposes of this section and §2.2-106,
there shall be a joint subcommittee of the House of Delegates and Senate
Committees on Privileges and Elections consisting of five four
members of the House Committee, to be appointed by the Speaker of the House
of Delegates in accordance with the principles of proportional representation
contained in the Rules of the House of Delegates, and three four
members of the Senate Committee appointed by the respective chairs of the
committees, to be appointed by the Senate Committee on Rules, to
review the resumes and statements of economic interests of gubernatorial
appointees. The members of the House of Delegates shall be appointed in
accordance with the principles of proportional representation contained in the
Rules of the House of Delegates. No appointment confirmed by the General
Assembly shall be subject to challenge by reason of a failure to comply with
the provisions of this paragraph pertaining to the confirmation process.
B. The resumes and applications for appointment submitted by persons who are appointed by the Governor pursuant to this section shall be available to the public upon request.