2006 Session

Budget Amendments - SB30 (Committee Approved)

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Restore Review Process for Level 2 MOUs (language only)

Item 4-5.06 #1s

Item 4-5.06 #1s

Special Conditions and Restrictions on Expenditures
Delegation of Authority

Page 510, strike lines 33 through 40 and insert:
"e.1. Based on the memoranda of understanding developed pursuant to §23-38.90 of Chapter 945, Code of Virginia, § 4-5.08 h of Chapter 1042, 2003 Acts of Assembly, as periodically amended, memoranda of understanding in effect prior to October 1, 2003, as periodically amended, the responsible Cabinet Secretary, or his designee, shall conduct an evaluation of the administrative management of each institution operating under a memorandum of understanding at least once every two years.
2. The Secretary shall report all evaluation findings and recommendations to the Governor and Chairmen of the Senate Finance and House Appropriations Committees within 15 business days of the completion of the evaluation.
3.   To the extent an institution operating under the terms of a memorandum of understanding is not performing to the satisfaction of the responsible Cabinet Secretary, the institution shall have 90 calendar days from receipt of the Secretary’s written evaluation in which to develop a remediation plan. The institution shall submit the plan to the appropriate Cabinet Secretary and the Auditor of Public Accounts.
4. The Auditor of Public Accounts shall conduct a functional audit of the delegated program authority within 180 calendar days of receiving the institution's plan. Based on his findings, the Auditor of Public Accounts shall recommend to the Chairmen of the Senate Finance and House Appropriations Committees whether the institution should continue receiving the authority delegated to it through the memorandum of understanding.
5. If during an independent audit conducted by the Auditor of Public Accounts, the audit discloses that an institution is not performing within the terms of the memoranda of understanding or their addenda, the Auditor shall report this information to the Governor, the responsible Cabinet Secretary, and the Chairmen of the Senate Finance and House Appropriations Committees. The responsible Cabinet Secretary shall consider this an evaluation in accordance with subparagraph 2.
f. Notwithstanding any contrary provision of law or this act, delegations of authority in this act to the Governor shall apply only to agencies and personnel within the Executive Department, unless specifically stated otherwise."

(This amendment restores language that was stricken in the introduced budget, which requires the executive branch to evaluate institutional performance in areas where they have received delegated authority at least once every two years.)