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2005 Session

Budget Amendments - HB1500 (Conference Report)

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HiEd - Authority to initiate unforeseen NGF projects (language only)

Item 4-4.01 #2c

Item 4-4.01 #2c

Capital Projects
General

Language
Page 574, after line 6, insert:
"3.  Delegated authorization by Boards of Visitors, Public Institutions of Higher Education:
a.  In accordance with § 4-5.06 of this act, the board of visitors of any public institution of higher education that:  i) has met the eligibility criteria set forth in Senate Bill 1327/House Bill 2866 for additional operational and administrative autonomy, including having entered into a memorandum of understanding with the Secretary of Education for delegated authority of nongeneral fund capital outlay projects, and ii) has received a sum sufficient nongeneral fund appropriation for emergency projects as set out in Part 2:  Capital Project Expenses of this act, may authorize the initiation of any capital project that is not specifically set forth in this act provided that the project meets at least one of the conditions and criteria identified in § 4-4.01 n. 1. of this act.
b.  At least 30 days prior to the initiation of a project under this provision, the board of visitors must notify the Governor and Chairmen of the House Appropriations and Senate Finance Committees and must provide a life-cycle budget analysis of the project.  Such analysis shall be in a form to be prescribed by the Auditor of Public Accounts.
c.  The Commonwealth of Virginia shall have no general fund obligation for the construction, operation, insurance, routine maintenance, or long-term maintenance of any project authorized by the board of visitors of a public institution of higher education in accordance with this provision."


Explanation
(This amendment delegates authority to the boards of visitors at eligible institutions to initiate "unforeseen" nongeneral fund projects without prior approval by the General Assembly. It also clarifies that the initiation of such projects shall not imply or obligate future general fund appropriations for the operation and maintenance of the facilities. This language is the result of work by the joint subcommittee studying the relationship between the state and its public higher education institutions and is contingent upon the passage of House Bill 2866 / Senate Bill 1327. Companion amendments setting forth sum sufficient nongeneral fund appropriations are provided for Christopher Newport University, the College of William and Mary, James Madison University, Old Dominion University, Radford University, the University of Virginia, Virginia Commonwealth University, and Virginia Tech, which would be eligible to participate immediately based on existing memoranda of understanding with the Secretary of Administration.)