Virginia House Bill HB38

Virginia 2022 Regular Session

• Introduced: 12/30/21
• Refer: 12/30/21

Caption

Constitutional officers; appointed deputies, dual office holding.

Impact

The enactment of HB 38 is expected to streamline the appointment process for deputies, allowing constitutional officers to exercise their roles more effectively. By granting these officers the authority to appoint one or more deputies who can fulfill their official duties, the bill aims to enhance governmental efficiency within local jurisdictions. Furthermore, it reinforces the requirements concerning dual office holding, ensuring that any deputy appointed is compliant with existing legal stipulations, thereby maintaining oversight of government appointments and responsibilities.

Summary

House Bill 38 relates to the appointment of deputies by constitutional officers in the state of Virginia, specifically addressing the roles of the treasurer, sheriff, commissioner of the revenue, and clerks of circuit courts. The bill amends §15.2-1603 of the Code of Virginia to clarify the powers of deputies and the process of their appointment. Additionally, it stipulates that any deputies appointed should not be considered in determining the full-time or part-time deputy numbers by the State Compensation Board, as specified in related state laws.

Contention

While there appears to be broad support for HB 38 in terms of its potential to improve administrative functions, some points of contention exist. One notable concern is the impact of the bill on the dual office holding restrictions, wherein critics may argue that allowing deputies to handle various duties might blur the lines of accountability between deputies and their principals. Additionally, there may be discussions regarding the sufficiency of oversight and background checks for deputies, particularly in roles involving sensitive functions of public service.