Virginia Acts of Assembly -- 2020 Session

Virginia Acts of Assembly -- 2020 Session

VIRGINIA ACTS OF ASSEMBLY -- 2020 SESSION CHAPTER 958 An Act to amend and reenact §§ 2.2-106, 2.2-215, 2.2-220.2, 2.2-507, 2.2-4002, 2.2-4024, 2.2-4030, 3.2-108.1, 3.2-801, 3.2-3904, 3.2-3936, 3.2-3937, 3.2-6525, 8.01-480, 9.1-101, 9.1-500, 10.1-204.1, 10.1-211, 10.1-405, 10.1-651, 10.1-659, 10.1-1018, 10.1-1121, 10.1-1152, 10.1-1153, 10.1-1156, 10.1-1186, 10.1-1417, 15.2-915.2, 18.2-56.1, 18.2-134.1, 18.2-308, 18.2-308.02, 18.2-308.03, 18.2-308.06, 18.2-308.016, 22.1-204.2, 24.2-411.2, 24.2-416.3, 28.2-106.1, 28.2-108, 28.2-302.1, 28.2-302.2, 28.2-302.2:1, 28.2-638, 28.2-1103, 28.2-1205.1, 28.2-1302, 28.2-1403, 28.2-1505, 29.1-100, 29.1-101.1, 29.1-102, 29.1-109, 29.1-114, 29.1-300.1, 29.1-302.1, 29.1-302.2, 29.1-309.1, 29.1-358, 29.1-505.1, 29.1-529, 29.1-530.1, 29.1-530.4, 29.1-532, 29.1-753.3, 29.1-801, 30-34.5, 32.1-48.1, 33.2-329, 33.2-613, 33.2-909, 33.2-910, 43-32, 51.1-212, 54.1-3800, 55.1-2902, 56-46.1, 58.1-344.3, 58.1-1405, 58.1-1410, 58.1-2289, 58.1-3510.4, 58.1-3942, 59.1-148.3, 62.1-44.15, as it is currently effective and as it shall become effective, 62.1-44.15:5.01, 62.1-44.15:6, 62.1-44.15:20, 62.1-44.15:81, 62.1-44.19:6, 62.1-44.33, 62.1-44.34:25, 62.1-250, 65.2-402, and 65.2-402.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 29.1-100.1 relating to the Department of Game and Inland Fisheries; name change. [S 616] Approved April 9, 2020 Be it enacted by the General Assembly of Virginia: 1. That §§ 2.2-106, 2.2-215, 2.2-220.2, 2.2-507, 2.2-4002, 2.2-4024, 2.2-4030, 3.2-108.1, 3.2-801, 3.2-3904, 3.2-3936, 3.2-3937, 3.2-6525, 8.01-480, 9.1-101, 9.1-500, 10.1-204.1, 10.1-211, 10.1-405, 10.1-651, 10.1-659, 10.1-1018, 10.1-1121, 10.1-1152, 10.1-1153, 10.1-1156, 10.1-1186, 10.1-1417, 15.2-915.2, 18.2-56.1, 18.2-134.1, 18.2-308, 18.2-308.02, 18.2-308.03, 18.2-308.06, 18.2-308.016, 22.1-204.2, 24.2-411.2, 24.2-416.3, 28.2-106.1, 28.2-108, 28.2-302.1, 28.2-302.2, 28.2-302.2:1, 28.2-638, 28.2-1103, 28.2-1205.1, 28.2-1302, 28.2-1403, 28.2-1505, 29.1-100, 29.1-101.1, 29.1-102, 29.1-109, 29.1-114, 29.1-300.1, 29.1-302.1, 29.1-302.2, 29.1-309.1, 29.1-358, 29.1-505.1, 29.1-529, 29.1-530.1, 29.1-530.4, 29.1-532, 29.1-753.3, 29.1-801, 30-34.5, 32.1-48.1, 33.2-329, 33.2-613, 33.2-909, 33.2-910, 43-32, 51.1-212, 54.1-3800, 55.1-2902, 56-46.1, 58.1-344.3, 58.1-1405, 58.1-1410, 58.1-2289, 58.1-3510.4, 58.1-3942, 59.1-148.3, 62.1-44.15, as it is currently effective and as it shall become effective, 62.1-44.15:5.01, 62.1-44.15:6, 62.1-44.15:20, 62.1-44.15:81, 62.1-44.19:6, 62.1-44.33, 62.1-44.34:25, 62.1-250, 65.2-402, and 65.2-402.1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 29.1-100.1 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 Wildlife Resources; 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 members of the House Committee and three members of the 2 of 71 Senate Committee appointed by the respective chairs of the committees 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. § 2.2-215. Position established; agencies for which responsible. The position of Secretary of Natural Resources (the Secretary) is created. The Secretary shall be responsible to the Governor for the following agencies: Department of Conservation and Recreation, Department of Historic Resources, Marine Resources Commission, Department of Game and Inland Fisheries Wildlife Resources, Virginia Museum of Natural History, and the Department of Environmental Quality. The Governor may, by executive order, assign any state executive agency to the Secretary of Natural Resources, or reassign any agency listed in this section to another Secretary. § 2.2-220.2. Development of strategies to prevent the introduction of, to control, and to eradicate invasive species. A. The Secretaries of Natural Resources and Agriculture and Forestry shall coordinate the development of strategic actions to be taken by the Commonwealth, individual state and federal agencies, private businesses, and landowners related to invasive species prevention, early detection and rapid response, control and management, research and risk assessment, and education and outreach. Such strategic actions shall include the development of a state invasive species management plan. The plan shall include a list of invasive species that pose the greatest threat to the Commonwealth. The primary purposes of the plan shall be to address the rising cost of invasive species, to improve coordination among state and federal agencies© efforts regarding invasive species prevention and management and information exchange, and to educate the public on related matters.

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