Authority: Discretionary Inclusion.

A.1. The Governor is hereby authorized to allocate sums from this appropriation, in addition to an amount not to exceed $2,000,000 from the unappropriated balance derived by subtracting the general fund appropriations from the projected general fund revenues in this act, to provide for supplemental funds pursuant to paragraph B hereof. Transfers from this Item shall be made only when (1) sufficient funds are not available within the agency's appropriation and (2) additional funds must be provided prior to the end of the next General Assembly Session.

2. This appropriation includes $334,000 the second year from the general fund for the Commonwealth's share of the construction costs for a national memorial to the veterans of World War II.

B. This appropriation includes $4,221,745 the first year, and $3,670,475 the second year to be used by the Governor as he may determine to be needed for the following purposes:

1. To address the six conditions listed in § 4-1.03 a 3 of this act.

2. To provide for unbudgeted and unavoidable increases in costs to state agencies for essential commodities and services which cannot be absorbed within agency appropriations to include unbudgeted benefits associated with Workforce Transition Act requirements and operating expenses for the Virginia Veterans' Cemetery in Suffolk.

3. To secure federal funds in the event that additional matching funds are needed for Virginia to participate in the federal Superfund program.

C. The Department of Planning and Budget shall submit a quarterly report of any disbursements made from, commitments made against, and requests made for such sums authorized for allocation pursuant to paragraph B to the Chairmen of the House Appropriations and Senate Finance Committees. This report shall identify each of the conditions specified in paragraph B for which the transfer is made.

D. Any unexpended balance remaining in this Item on June 30, 2003, shall be carried forward on the books of the Comptroller and shall be available for expenditure in the second year of the current biennium. Any unexpended balance remaining in this Item on June 30, 2004, shall be carried forward on the books of the Comptroller and shall be available for expenditures in the next biennium.

E.1. This appropriation includes $10,000,000 the first year and $7,500,000 the second year from the general fund to be used at the discretion of the Governor, subject to prior consultation with the Chairmen of the House Appropriations and Senate Finance Committees, to attract economic development prospects to locate or expand in Virginia. Funds appropriated for the purposes of this paragraph shall be deposited to the Governor's Development Opportunity Fund, as established in § 2.2-115, Code of Virginia.

2. This Item also includes nongeneral fund appropriations of $1,850,000 the first year and $1,600,000 the second year for the Governor's Development Opportunity Fund representing prior-year interest earnings on fund balances.

3. The Governor may allocate these funds as grants or loans to political subdivisions. Loans shall be approved by the Governor and made in accordance with procedures established by the Virginia Economic Development Partnership and approved by the State Comptroller. Loans shall be interest-free unless otherwise determined by the Governor and shall be repaid to the general fund of the state treasury. The Governor may establish the interest rate to be charged, otherwise, any interest charged shall be at market rates as determined by the State Treasurer and shall be indicative of the duration of the loan. The Virginia Economic Development Partnership shall be responsible for monitoring repayment of such loans and reporting the receivables to the State Comptroller as required.

4. Funds may be used for public and private utility extension or capacity development on and off site; road, rail, or other transportation access costs beyond the funding capability of existing programs; site acquisition; grading, drainage, paving, and other activity required to prepare a site for construction; construction or build-out of publicly-owned buildings; grants or loans to an industrial development authority, housing and redevelopment authority, or other political subdivision pursuant to their duties or powers; training; or anything else permitted by law.

5. Consideration should be given to economic development projects that 1) are in areas of high unemployment; 2) link commercial development along existing transportation/transit corridors within regions; and 3) are located near existing public infrastructure.

6. It is the intent of the General Assembly that the Virginia Economic Development Partnership shall work with localities awarded grants from the Governor's Development Opportunity Fund to recover such moneys when the economic development projects fail to meet minimal agreed-upon capital investment and job creation targets. All such recoveries shall be deposited and credited to the Governor's Development Opportunity Fund.

F. Omitted.

In the event Major League Baseball makes a conditional award of a franchise to Virginia after the Reconvened 2003 Session and prior to the 2004 Regular Session of the General Assembly, the Governor is authorized to develop possible financing options for construction of a new major league baseball stadium, in consultation with the Chairmen of the House Appropriations, House Finance, and Senate Finance Committees, and the Virginia Baseball Stadium Authority. However, the financing options shall not include any general fund support beyond sales tax revenues generated by transactions taking place upon the premises of the major league baseball stadium, as authorized under existing law for such purposes. The financing options shall be submitted to the General Assembly for its consideration at the session immediately following development of said options by the Governor.

G.1. Out of this appropriation, $8,510,226 the first year and $6,392,049 the second year from the general fund is designated to support the Commonwealth Technology Research Fund.

2. Notwithstanding § 2.2-2233.1, Code of Virginia, expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request bearing the signature of the Director, Department of Planning and Budget.

H. Included in this appropriation is $50,000 the first year and $50,000 the second year to pay for private legal services. Transfers for private legal services shall be made by the Director, Department of Planning and Budget upon prior written authorization of the Governor or the Attorney General, pursuant to § 2.2-510, Code of Virginia.

I. Notwithstanding any other provisions of law, payments to a major semiconductor manufacturer for semiconductor education programs shall begin in the 2004-2006 biennium.

J. Notwithstanding the provisions of §§ 59.1-284.14 and 59.1-284.15, Code of Virginia, grant payments under the Semiconductor Memory or Logic Wafer Manufacturing Performance Grant Programs I & II, as provided for in §§ 59.1-284.14 and 59.1-284.15, Code of Virginia, shall begin in the 2004-2006 biennium.

K.1. Out of the amounts in this Item shall be provided an amount estimated at $1,260,000 the first year from the general fund for the Virginia Equine Center Foundation (Title 3.1, Chapter 4.6, Code of Virginia).

2.a. Out of this appropriation, $851,280 from the general fund is provided in fiscal year 2004 for operating support of the Virginia Horse Center Foundation. It is the intent that the General Assembly’s support in subsequent years shall be as follows:

b. The Virginia Horse Center Foundation shall not be subject to the match provisions in § 4-5.07 of this act.

c. The Virginia Horse Center Foundation shall develop a business plan incorporating strategies to generate sufficient revenues to offset declining general fund support. This plan shall be submitted to the chairmen of the House Appropriations and Senate Finance Committees by November 1, 2003.

L. Omitted.

M. Out of the appropriation in this Item, $605,444 the second year shall be transferred to state agencies and institutions of higher education for an increase in property insurance premiums.

N. Out of the appropriation in this Item, $300,000 the first year and $300,000 the second year is provided for cost increases associated with recent changes in postal rates.

O. The appropriation in this Item includes up to $1,500,000 in the second year to be used by the Governor to pay indemnity to contract poultry growers and independent table egg producers for losses associated with the low pathogenic avian influenza outbreak in 2002. Such payment shall be made in accordance with guidelines established by the Department of Agriculture and Consumer Services. In developing the guidelines to allocate payments, the Commissioner of the Department of Agriculture and Consumer Services shall consult with representatives of the affected industries.

P.1. Out of the general fund appropriation in this Item, $1,202,323 the second year is provided for the implementation of a program for the civil commitment of sexually violent predators.

2. The Director, Department of Planning and Budget, is authorized to transfer from Item 331 to this Item, $200,000 the first year and $600,000 the second year, from amounts appropriated for the civil commitment of sexually violent predators.

3. The Director, Department of Planning and Budget, is further authorized to transfer from Item 421 to this Item, $300,823 the first year and $428,292 the second year, from amounts appropriated for the civil commitment of sexually violent predators.

4. The Secretaries of Finance, Health and Human Resources, and Public Safety, shall determine the appropriate allocation of the funds listed in this Paragraph, totaling $2,731,438, for the purpose of implementing a program for the civil commitment of sexually violent predators pursuant to HB 2445 and SB 1149. The operating plan resulting from the allocation of these funds shall be reported to the Chairmen of the Senate Finance and House Appropriations Committees, along with short and long-term recommendations for siting a facility to house such persons.

Q.1. The Governor is authorized to allocate from the unappropriated general fund balance in this act such amounts as are necessary to provide for unbudgeted cost increases to state agencies incurred as a result of actions to enhance homeland security, combat terrorism, and to provide for costs associated with the payment of a salary supplement for state classified employees ordered to active duty as part of a reserve component of the Armed Forces of the United States or the Virginia National Guard. Any salary supplement provided to state classified employees ordered to active duty, shall apply only to employees who would otherwise earn less in salary and other cash allowances while on active duty as compared to their base salary as a state classified employee. Guidelines for such payments shall be developed by the Department of Human Resource Management in conjunction with the Departments of Accounts and Planning and Budget.

2. The Governor shall submit a report within thirty days to the Chairmen of House Appropriations and Senate Finance Committees which itemizes any disbursements made from this Item for such costs.

3. The governing authority of the agencies listed in this subparagraph may, at its discretion and from existing appropriations, provide such payments to their employees ordered to active duty as part of a reserve component of the Armed Forces of the United States or the Virginia National Guard, as are necessary to provide comparable pay supplements to its employees.

a. Agencies in the Legislative and Judicial Departments;

b. The State Corporation Commission, the Virginia Workers' Compensation Commission, the Virginia Retirement System, the State Lottery Department, Virginia College Savings Plan, and the Virginia Office for Protection and Advocacy;

c. The Office of the Attorney General and the Department of Law; and

d. State-supported institutions of higher education.

R. Out of this appropriation, an amount not to exceed $1,900,000 from the general fund shall be provided to the State Board of Elections to cover the costs associated with the 2004 presidential primary. Out of this amount approximately $1,600,000 will be used to reimburse localities for their presidential primary expenditures and approximately $200,000 to cover the costs incurred by the State Board of Elections.