Governor vetoed the following line items from the Budget
Bill:
The Governor's Statement:
I have signed House Bill No. 1500, which amends the
appropriations adopted last year for the 2004 - 06 biennium, including one item
veto.
Let me first express my appreciation to the General Assembly
for adopting almost all the amendments that I submitted to the Reconvened
Session. The budget amendments I proposed and you adopted were vital to Virginia’s efforts to stimulate economic growth through support of emerging technologies,
workforce development, and rural prosperity. The amendments also maximize
the use of available federal dollars for child nutrition programs, and address
needed compensation improvements for law enforcement officers. I thank
the members of the House of Delegates and the Senate for their strong support
in these areas.
Within the budget, one issue remains problematic – the
rejection of an amendment proposed to Item 463. In that item, language in
the enrolled budget requires VITA to increase the rates charged to state
agencies to repay a deficit authorization for agency start-up costs that I
approved last December under § 4-3.02 of the 2004 Appropriation Act. Left
unaltered, these higher rates would impose a significant budget cut on most
state agencies. The impact on VDOT alone is estimated at $1.6
million. The impact on the Department of Social Services is estimated at
$800,000. And, the impact on the Department of Health is estimated at
$400,000.
Because agencies have not been funded to pay these higher
rates, the increased costs would have to be absorbed by cutting programs or
reducing expenses elsewhere. Some of these start-up costs cannot be
charged to the federal government. The amendment I submitted to the
Reconvened Session would have eliminated the need for this rate increase by
absorbing the cost from unspent balances. I regard this as the better
course of action.
Consolidating the Commonwealth’s technology operations into a
single entity is producing tangible and measurable benefits for state
government. Saddling VITA with unplanned expenses and unnecessary rate
increases makes this effort more difficult.
The language in Item 463 includes an additional problem which
must be addressed. Among other provisions, this language requires the
Chairmen of the House Appropriations and Senate Finance Committees to approve
any alternative plan developed by executive agencies to repay the deficit
authorization. Virginia’s Constitution and separation of powers principles
of long standing make it clear the General Assembly may only exercise
legislative power by enacting laws pursuant to Article IV § 11 of the
Constitution and presenting those enactments to the Governor pursuant to
Article V § 6. Requiring approval of a repayment plan by specific
legislators violates these constitutional provisions.
Because of these dual problems, I have chosen to veto Item
463. The effect of this action will be to return Item 463 to the form in
which it was enacted during the 2004 session.
Mark R. Warner
Governor