GOVERNOR'S VETOES

Item 20 (H)

Item 20 (J)

I have vetoed two separate requirements for the Joint Legislative Audit and Review Commission to conduct a study of the Department of Transportation and a study of the funding of the Standards of Quality (SOQ) and prevailing school division practices for elementary and secondary education in the Commonwealth.

This action is taken because it is believed that these provisions violate the "single object" rule found in the Constitution of Virginia at Article IV, Section 12. One purpose of the single object rule (which is found in many other state constitutions as well as Virginia's) is to prevent the practice of using successful legislation as a vehicle to pass unrelated bills that could not achieve passage on their own merits as separate legislation. The budget bill, which must be passed in order to continue the functioning of state government, has been particularly susceptible to this practice. In the case of these specific provisions, two resolutions authorizing the study of the Department of Transportation (HJR 117/SJR 170) and five resolutions relating to SOQ financing (HJR 173/HJR 195/HJR 248/SJR 207/SJR 232) were defeated when they were considered as free-standing legislation in the 2000 session. Moreover, the express purpose of House Bill No. 30 is to appropriate the public revenue. The studies in question do not relate to that purpose and represent the type of legislative "rider" on a budget bill that the "single object" rule was meant to prevent.

Item 387 (N)

I am also vetoing the appropriation that provides for an expansion of welfare reform through a statewide grant program for local departments of social services using federal Temporary Assistance for Needy (TANF) funds. These services would diverge from the welfare reform focus on cash support, employment, day care, and transportation to work. The types of services added, as well as the types of families eligible for those services, are loosely defined. The eligible population is expanded from current and recent cash assistance recipients to a larger group of those deemed "at risk" of applying to cash assistance and those who have exceeded their one year of transition benefits. The result of this appropriation is to divert funds from serving the hardest-to-employ cash assistance recipients, who are subject to time limits, and make funding available for services to less needy families. As such, this Item detracts from the fundamental focus of welfare reform.

Item 548 (M)

I am also vetoing under the "single object rule" free-standing language which authorizes the Governor to convey to major league baseball a commitment on behalf of the Commonwealth to help finance a new stadium facility as an incentive for a major league franchise to locate in Virginia. This authority is not needed, and its deletion will maximize the Commonwealth's flexibility to obtain the best business deal, when and if a baseball team shows definite interest in the Commonwealth. It should be noted that enrolled House Bill No. 30 already includes language allowing the Governor to develop a financing plan should major league baseball grant a franchise to an ownership group to locate a team in Virginia.

GOVERNOR'S RECOMMENDATION

1. Page 45, enrolled, Item 62, after line 5

insert

G. Notwithstanding the provisions of § 15.2-1534, Code of Virginia, nothing shall prohibit a person from serving simultaneously as an assistant attorney for the Commonwealth in Prince Edward County and Buckingham County.

2. Page 52, enrolled, Item 66, after line 9

insert

C.1. The Treasurers' Career Development Program shall be made available by the Compensation Board to appointed officers who hold the combined office of city or county treasurer and commissioner of the revenue subject to the provisions of § 15.2-1636.17, Code of Virginia. The Compensation Board shall submit the minimum criteria for the Treasurers' Career Development Program to the Governor and the Chairmen of the House Appropriations and Senate Finance Committees no later than November 1, 2000.

2. The Compensation Board shall increase the annual salary shown in paragraph A.1. of this Item by 9.3 percent for a seven-month period effective December 1, 2000, following receipt of the Treasurer's certification that the minimum requirements of the Treasurers' Career Development Program have been met, provided that such certification is received by the Compensation Board on or before November 1, 2000. Subsequent certifications shall be submitted by Treasurers as part of their annual budget request to the Compensation Board on February 1 of each year, with the 9.3 percent salary increase becoming effective on the following July 1 for a 12-month period.

3. Page 193, enrolled, Item 227, line 13

strike

$430,144,468$435,779,592

insert

$430,095,468$435,763,592

4. Page 198, enrolled

strike

all of lines 47 through 56 on page 198 and lines 1 through 16 on page 199

insert

U. Out of this appropriation, $161,000 the first year and $194,000 the second year from the general fund shall be transferred to the Treasury Board in Item 291 of this act, for debt service payments for the facilities of the Workforce Training Center at Blue Ridge Community College.

5. Page 411, enrolled, Item 545, line 52, after Commission

insert

and Virginia Tobacco Settlement Foundation

6. Page 412, enrolled, Item 545, line 4, after Commission

insert

and Foundation

7. Page 419, enrolled, Item 548, line 12, after repaid

strike

to the general fund of the state treasury

insert

as follows: the first $1,000,000 of repayments shall be deposited to the Governor's Motion Picture Opportunity Fund, and any additional repayments shall be deposited to the general fund of the state treasury

8. Page 419, enrolled, Item 548, line 43, after Fund

strike

shall be made

insert

, the Governor may make

9. Page 420, enrolled, Item 548, line 13, after year

strike

shall

insert

may

10. Page 420, enrolled, Item 548, line 35, after Item

strike

shall be provided

insert

, the Governor is authorized to provide up to

11. Page 424, enrolled, Item 548

strike

all of lines 28 through 54 on page 424, lines 1 through 58 on page 425 and lines 1 through 13 on page 426

insert

X.1. This appropriation includes $5,500,000 the first year from the general fund for the Economic Crisis Recovery Grant Program to provide economic development opportunities and transition assistance to localities with a sustained unemployment rate above 10 percent in two or more consecutive months within one year prior to the effective date of this act, as determined by the Virginia Employment Commission. Out of this appropriation, up to $50,000 shall be used by the Department of Housing and Community Development (DHCD) for administrative expenses and technical assistance related to this program.

2. There is hereby created the Economic Crisis Recovery Grant Program for the purpose of providing grants to localities impacted by significant adverse economic events or crises.

3. The grant program shall be administered by DHCD in coordination with other affected state and local agencies. The Office of the Secretary of Health and Human Resources shall ensure all available public health resources are fully utilized to ensure accessibility of health care for displaced workers.

4. Eligible localities may apply for grants from the Program by defining eligibility relevant to the economic event that has occurred in a written request submitted to DHCD. The request shall include information about the recipients of grant moneys, the distribution process for grant moneys, and expected outcomes. Such outcomes shall include, but not be limited to, the number of recipients, reduction in unemployment, reduction of dependence on public assistance, and economic development initiatives.

5. Grants from the program shall be used to expand services for transition assistance and economic development that include but are not limited to employer recruitment, incentives to attract business prospects, infrastructure development (e.g. industrial site preparation, revitalization of commercial districts, and transportation projects related to site development), and/or transition services (e.g. housing, health care, financial assistance, training, job search skills, and direct support of private local service agencies).

6. For the purpose of linking services to the affected localities and constituents, DHCD, shall to the extent possible, notify localities that meet the grant criteria as defined in paragraph X.1.

7. DHCD shall develop emergency guidelines for the Program as soon as practical which shall not be subject to the Administrative Process Act. The guidelines will establish the administrative requirements and award process for the program.

8. The Secretary of Commerce and Trade shall report to the Chairmen of the House Appropriations and Senate Finance Committees on the status of grants awarded on October 1, 2000, and at the end of each quarter thereafter.

9. The Auditor of Public Accounts or his legally authorized representative may audit the accounts of any locality that receives funding from the Economic Crisis Recovery Grant Program.

12. Page 440, enrolled, Item 571, line 22

strike

2,225,000

insert

4,225,000

13. Page 440, enrolled, Item 571, after line 22

insert

As a condition of this appropriation, the National D-Day Memorial Foundation shall agree to forego any additional appropriations for the Memorial or the Foundation for any purpose in future years, other than that provided for in this act.

14. Page 480, enrolled, Item C-201, line 28

insert

A.

15. Page 480, enrolled, Item C-201, after line 31

insert

B. Out of this amount, $1,000,000 is provided for architectural and engineering fees to develop design drawings for the exterior and interior renovation of the Finance Building.