2004 Session

Budget Amendments - HB30 (Member Request)

View Budget Item
View Budget Item amendments

Chief Patron: Tata
Co-Patron(s): Hamilton, Suit, Wardrup, Welch
VCCS - Cap Out Authority (language only)

Item 4-5.08 #2h

Item 4-5.08 #2h

Special Conditions and Restrictions on Expenditures
Delegation of Authority

Page 465, after line 35, insert:
"3.  The Virginia Community College System’s colleges shall be authorized to enter into leases on a pilot project basis on condition that they follow the policies, procedures and guidelines promulgated by the State Board for Community Colleges for the following leases:  a) leases necessary to meet a college’s immediate and specific needs to respond to the educational requests of an employer in a college’s service region; b) leases between the college and a community college foundation; c) leases supported with nongeneral funds or leases for which there are no costs other than for actual expenses incurred by the college (i.e. utility, security, custodial costs); d) leases entered into with other public entities or institutions.  In addition, the form of such leases shall be approved by the Attorney General or his designee, the lease shall otherwise meet all requirements of law, and the leased property must be certified for occupancy by the building official of the county or municipality in which the leased property is located.  This authority is further limited to operating leases and excludes capital leases as defined by Generally Accepted Accounting Principles (GAAP).  An evaluation of the VCCS’ management of the real property lease pilot project by the Secretaries of Administration and Finance shall be conducted each year and a recommendation regarding permanent delegation of authority made after the pilot project has been underway for two years."
Page 465, after line 44, insert:
"g. Notwithstanding § 23-4.1, Code of Virginia, and § 4-5.12 of this act, and because the subject properties have been acquired with nongeneral funds, the State Board for Community Colleges shall be authorized to lease or sell or convey whatever interest it may have in real property that has been or may hereafter be acquired by purchase, will or deed of gift.  The surplus property procedures delineated in §§ 2.2-1153 and 2.2-1156, Code of Virginia, shall not apply to conveyances made pursuant to this section.  Further, the State Board for Community Colleges shall control all aspects of the conveyance, including ensuring that a determination is made regarding the adequacy of the consideration for the real property, and that any agreements entered into comport with all applicable laws and policies.  All such agreements shall be reviewed for legal sufficiency and approved as to form by the Attorney General, or his/her designee. The proceeds from such leases, sales and conveyances shall be held, used and administered in the same manner as all other gifts and bequests are held, used and administered."

(This amendment is self-explanatory.)