GOVERNORVol. 29 Iss. 25 - August 12, 2013
GOVERNOR
EXECUTIVE ORDER NUMBER 65 (2013)
Sharing of Criminal History Record Information for Determining Eligibility for Automatic Restoration of Rights Process
Importance of the Issue
On May 29, 2013, I announced my intent to create a procedure for automatic, individualized restoration of civil rights to non-violent felons who meet the following specific conditions: 1) completion of their sentence, probation or parole; 2) payment of all court costs, fines, restitution, and completion of court-ordered conditions, and 3) have no pending felony charges. This process will allow more Virginians who have been convicted of a non-violent felony to reintegrate into society and exercise their constitutional and civil rights.
In order to determine that individuals meet the necessary criteria for this automatic restoration of rights, it is necessary to review the individual's criminal history. This information will be used for the sole purpose of determining eligibility for automatic restoration of rights based on the individual's criminal conduct.
Accordingly, pursuant to the authority vested in me under Article V of the Constitution of Virginia and under the laws of the Commonwealth, including but not limited to § 19.2-389 of the Code of Virginia, I hereby direct that the Virginia State Police and Department of Corrections share criminal history record information with the Office of the Secretary of the Commonwealth, as required, for the limited purpose of determining eligibility for automatic restoration of rights and rehabilitation.
The information shared with the Office of the Secretary of the Commonwealth shall not be used for any other purpose. The Secretary shall ensure that the information is secured and protected from further dissemination.
Effective Date of the Executive Order
This Executive Order shall become effective upon its signing and shall remain in full force and effect until amended or rescinded by further executive order.
Given under my hand and under the Seal of the Commonwealth of Virginia this 15th day of July, 2013.
/s/ Robert F. McDonnell
Governor
EXECUTIVE ORDER NUMBER 66 (2013)
The Governor's Advisory Board on Service and Volunteerism
Importance of the Initiative
Community and national service are vital to the fabric of American democracy. Volunteerism and service are critical aspects of our civic life. It is appropriate that the state and federal governments work together to develop a focal point for these efforts.
Mindful of the importance of community and national service, and by virtue of the authority vested in me as Governor under Article V of the Constitution of Virginia and under the laws of the Commonwealth, including but not limited to § 2.2-134 of the Code of Virginia, and subject always to my continuing and ultimate authority and responsibility to act in such matters, I hereby establish the Governor's Advisory Board on Service and Volunteerism.
The Board is classified as a gubernatorial advisory board in accordance with § 2.2-2100 of the Code of Virginia.
The Board shall be established to comply with the provisions of the National and Community Services Trust Act of 1993 and to advise the Governor and Cabinet Secretaries on matters related to promotion and development of national service in the Commonwealth of Virginia. The Board shall have the following specific duties:
1. To advise the Governor, the Secretaries of Health and Human Resources, Education, Natural Resources, Veterans Affairs and Homeland Security, the Commissioner of Social Services, and other appropriate officials, on national and community service programs in Virginia and on fulfilling the responsibilities and duties prescribed by the federal Corporation for National Service.
2. To advise the Governor, the Secretaries of Health and Human Resources, Education, Natural Resources, Veterans Affairs and Homeland Security, the Commissioner of Social Services, and other appropriate officials, on the development, implementation, and evaluation of Virginia's Unified State Plan that outlines strategies for supporting and expanding national and community service throughout the Commonwealth.
3. To promote the importance of AmeriCorps programs in meeting Virginia's most pressing human, educational, environmental, and public safety needs.
4. To collaborate with the Department of Social Services and other public and private entities to recognize and call attention to the significant community service contributions of Virginia citizens and organizations.
5. To promote volunteer and community service within the Commonwealth.
6. To work with the Department of Social Services on promoting the involvement of faith based organizations in community and national service efforts.
The Board shall be comprised of no more than twenty voting members appointed by the Governor and serving at his pleasure. No more than 25 percent of voting members may be state employees.
The Governor may appoint additional persons at his discretion as ex-officio, non-voting members. The voting members of the Board shall elect the Chairman. Board voting membership shall include representatives for the categories as outlined in federal regulations issued by the Corporation for National Service.
Such staff support as is necessary to support the Board's work during the term of its existence shall be furnished by the Department of Social Services and any other executive branch agencies having definitely and closely related purposes, as the Governor may designate. An estimated 300 hours of staff time will be required to support the work of the Board.
Funding necessary to support the Board shall be provided from federal funds, private contributions, and state funds appropriated for the same purposes of the Board, authorized by § 2.2-135 of the Code of Virginia. Direct costs for this Board are estimated at no more than $15,000. Members of the Board shall serve without compensation and shall receive reimbursement for expenses incurred in the discharge of their official duties.
The Board shall meet at least quarterly upon the call of the Chairperson. The Board shall make an annual report to the Governor and shall issue such other reports and recommendations as it deems necessary or as requested by the Governor.
This Executive Order shall be effective upon its signing and shall remain in force and effect until June 30, 2014, unless amended or rescinded by further executive order.
Given under my hand and under the seal of the Commonwealth of Virginia this 22nd day of July, 2013.
/s/ Robert F. McDonnell
Governor
EXECUTIVE ORDER NUMBER 67 (2013)
Additional Authorization Due to a Severe Weather Event Throughout the Commonwealth
Importance of the Initiative
On October 26, 2012, I verbally declared a state of emergency to exist for the Commonwealth of Virginia in anticipation of impacts from Hurricane Sandy, including damaging high winds, periods of heavy rainfall, and coastal and lowland flooding throughout the Commonwealth. On October 30, 2012, I issued Executive Order 53 in which I memorialized that emergency declaration and directed that appropriate assistance be rendered by agencies of both state and local governments to prepare for potential impacts of the storm, to alleviate any conditions resulting from significant storm events, and to implement recovery and mitigation operations and activities.
The health and general welfare of the citizens of the Commonwealth require that additional state action be taken to help alleviate the conditions caused by this situation. The effects of this storm constitute a natural disaster wherein human life and public and private property are imperiled, as described in § 44-146.16 of the Code of Virginia.
In addition to the measures I took pursuant to Executive Order 53, I authorize the following actions to be taken by the Commissioner of the Virginia Marine Resources Commission:
The Marine Resources Commissioner is authorized to act on behalf of the Commission in issuing permits pursuant to Chapter 12 of Title 28.2 of the Code of Virginia when, in the judgment of the Commissioner, it is necessary to address immediate health and safety needs and the Commissioner would be unable to convene a meeting of the full Commission in a timely manner. In an effort to address the impacts attributable to this Storm damage on the health, safety and general welfare of the citizens of the Commonwealth, and in an attempt to expedite the return of impacted areas and structures to pre-event conditions insofar as is possible, no permits for encroachments over State-owned submerged lands shall be required to replace previously permitted structures that conform with the following criteria:
1. The pre-existing structure must have been previously authorized and in a serviceable condition prior to the onset of the Storm.
2. The replacement structure must be reconstructed in the same location and in identical or smaller dimensions as the previously permitted structure
3. Reconstruction activities must be initiated prior to September 1, 2013, and completed prior to January 1, 2014.
4. Any property owner(s) seeking to replace a previously permitted structure pursuant to this Executive Order must submit to the Virginia Marine Resources Commission a letter attesting to the foregoing and containing suitable drawings of the proposed replacement structure(s) for comparison purposes.
5. No person may proceed with replacement of a previously permitted structure under the provisions of this Executive Order without written approval from the Commissioner of the Virginia Marine Resources Commission.
This Executive Order shall be effective upon signing and shall remain in full force and effect until January 1, 2014, unless sooner amended or rescinded by further executive order. Termination of the Executive Order is not intended to terminate any federal-type benefits granted or to be granted due to injury or death as a result of service under this Executive Order.
Given under my hand and under the Seal of the Commonwealth of Virginia, this 22nd day of July, 2013.
/s/ Robert F. McDonnell
Governor
