Unified Amendment
Item 0.9 #2h
Item 0.9 #2h | First Year - FY2011 | Second Year - FY2012 | |
| Central Appropriations |
| Central Appropriations | FY2011 $498,060,713 | FY2012 $141,463,414 | GF |
| FY2011 $50,724,730 | FY2012 $50,724,730 | NGF |
Language
Page 3, before line 1, insert:
A.1. Included in this item is $950,000,000 from the general fund in the first year and $950,000,000 from the general fund in the second year to be used to implement a program which provides equitable tax relief from the personal property tax on vehicles.
2. The amounts appropriated in this item provide for a local reimbursement level of 70 percent in tax years 2004 and 2005. The local reimbursement level for tax year 2006 is set at $950.0 million pursuant Chapter 1 of the Acts of Assembly of 2004, Special Session I. Payments to localities with calendar year 2006 car tax payment due dates prior to July 1, 2006, shall not be reimbursed until after July 1, 2006, except as otherwise provided in paragraph E of this item.
B. Any unexpended balance remaining in this item as of June 30, 2010, and June 30, 2011, shall be carried forward on the books of the Comptroller and shall be available for expenditure in the succeeding year. Any unexpended balance remaining in this item on June 30, 2012, shall be carried forward on the books of the Comptroller and shall be available for expenditures in the next biennium, including without limitation for the purpose of providing reimbursement to localities for personal property tax relief with respect to bills for tax year 2005 and earlier.
C. Notwithstanding the provisions of subsection B of § 58.1-3524, Code of Virginia, as amended by Chapter 1 of the Acts of Assembly of 2004, Special Session I, the determination of each county’s, city’s, and town’s share of the total funds available for reimbursement for personal property tax relief pursuant to that subsection shall be pro rata based upon the actual payments to such county, city or town pursuant to Chapter 35.1, Title 58.1, Code of Virginia, for tax year 2004 as compared to the actual payments to all counties, cities and towns pursuant to that chapter for tax year 2004, made with respect to reimbursement requests submitted on or before December 31, 2005, as certified in writing by the Auditor of Public Accounts not later than March 1, 2006. Notwithstanding the provisions of the second enactment of Chapter 1 of the Acts of Assembly of 2004, Special Session I, this paragraph shall become effective upon the effective date of this act.
D. The requirements of subsection C 2 of § 58.1-3524 and subsection E of § 58.1-3912, Code of Virginia, as amended by Chapter 1 of the Acts of Assembly, 2004 Special Session I, with respect to the establishment of tax rates for qualifying vehicles and the format of tax bills shall be deemed to have been satisfied if the locality provides by ordinance or resolution, or as part of its annual budget adopted pursuant to Chapter 25, Title 15.2, Code of Virginia, or the provisions of a local government charter or Chapter 4, 5, 6, 7 or 8, Title 15.2, Code of Virginia, if applicable, specific criteria for the allocation of the Commonwealth’s payments to such locality for tangible personal property tax relief among the owners of qualifying vehicles, and such locality’s tax bills provide a general description of the criteria upon which relief has been allocated and set out, for each qualifying vehicle that is the subject of such bill, the specific dollar amount of relief so allocated.
E. The Secretary of Finance may authorize advance payment, from funds appropriated in this item, of sums otherwise due a town on and after July 1, 2006, for personal property tax relief under the provisions of Chapter 1, Acts of Assembly, 2004 Special Session I, if the Secretary finds that such town (1) had a due date for tangible personal property taxes on qualified vehicles for tax year 2006 falling between January 1 and June 30, 2006; (2) had a due date for tangible personal property taxes on qualified vehicles for tax year 2004 falling between January 1 and June 30, 2004; (3) received reimbursements pursuant to the provisions of Chapter 35.1, Title 58.1, Code of Virginia, between January 1 and June 30, 2004; (4) utilizes the cash method of accounting; and (5) would suffer fiscal hardship in the absence of such advance payment.
F. It is the intention of the General Assembly that reimbursements to counties, cities and towns that had a billing date for tax year 2004 tangible personal property taxes with respect to qualifying vehicles falling between January 1 and June 30, 2004, and received personal property tax relief reimbursement with respect to tax year 2004 from the Commonwealth between January 1 and June 30, 2004, pursuant to the provisions of Chapter 35.1, Title 58.1, Code of Virginia, as it existed prior to the amendments effected by Chapter 1 of the Acts of Assembly, 2004 Special Session I, be made by the Commonwealth with respect to sums attributable to such spring billing dates not later than August 15 of each fiscal year."
G. Included in this item is $27,195,000 in the first year and $19,595,000 in the second year from the general fund to support economic development activities in the Commonwealth to be appropriated as follows:
1. The appropriation for this item includes $745,000 the first year and $745,000 the second year from the general fund which shall be deposited into the Virginia Wine Promotion Fund.
2. Out of the amounts provided in this item, $1,500,000 in the first year and $1,500,000 in the second year from the general fund is appropriated to a Virginia Biotechnology Wet-Laboratory Program at the Virginia Economic Development Partnership to provide loans, loan guarantees, or grants to construct, improve, furnish, equip, maintain, acquire and renovate biotechnology laboratories designed to accommodate and provide wet-lab space or other needed laboratory, research, or production space to attract biosciences and other related technology companies to the state, as well as to accommodate the growth of companies already located in Virginia. Funds under this program may be used for loan guarantees, credit enhancement, or grants, in cooperation with, or on behalf of, applying local governments, private development entities, or other qualified applicants under the program guidelines. Decisions regarding the size and scope of the biotechnology “shell buildings,” the selection of sites, and the selection of users, tenants or purchasers of such buildings shall be made by a panel consisting of the Secretary of Commerce and Trade, the President of the Center for Innovative Technology, the Executive Director of the Virginia Economic Development Partnership, the Executive Director of the Virginia Biotechnology Association and the President of a research university selected by the Council of University and College Presidents. The funds shall be administered within the “Virginia Shell Building Initiative” as established pursuant to § 15.2-941, Code of Virginia.
3. The appropriation for this item includes $1,000,000 the first year and $1,000,000 the second year from the general fund which shall be deposited into the Motion Picture Opportunity Fund.
4. The appropriation for this item includes $12,100,000 the first year from the general fund which shall be deposited into the Governor's Development Opportunity Fund.
5. The appropriation for this item includes $5,000,000 the second year from the general fund for the site planning fund created pursuant to § 2.2-2240.2, Code of Virginia, to assist political subdivisions in the performance of site and site development work for prospective Major Employment and Investment (MEI) Projects, as defined in § 2.2-2260, Code of Virginia. Grants allocated from this appropriation shall be approved by the Governor and made in accordance with procedures and guidelines established by the Virginia Economic Development Partnership. The guidelines and procedures shall give consideration in order to (i) ensure geographical representation of awards, (ii) limit the amount of annual recipients, (iii) identify strategic targets and select sites that are compatible with the strategic targets, and (iv) promote regional revenue sharing. If the Governor determines an eligible project is available for funding in the first year of the biennium and wishes to expedite such project, he is authorized to utilize up to $5,000,000 from the Governor's Development Opportunity Fund which shall be repaid from the appropriation for the site development in the second year.
6. The appropriation for this item includes $500,000 the first year and $1,000,000 the second year from the general fund to support the recapitalization of the Center for Innovative Technology's GAP funds which provide investment support for biotechnology and high technology ventures.
7. The appropriation for this item includes $500,000 the first year and $500,000 the second year from the general fund to support the Business One-Stop Program at the Department of Business Assistance.
8. The appropriation for this item includes $1,000,000 the first year from the general fund for the Loan Guarantee Program at the Department of Business Assistance.
9. The appropriation for this item includes $3,500,000 the first year and $3,000,000 the second year from the general fund to supplement funding for the Virginia Jobs Investment Program at the Department of Business Assistance.
10. The appropriation for this item includes $2,250,000 the first year and $2,250,000 the second year from the general fund to implement an aggressive national and international advertising campaign and to market Virginia through the Virginia Economic Development Partnership.
11. The appropriation for this item includes $500,000 the first year and $1,000,000 the second year from the general fund to establish economic development offices in China, India and the United Kingdom and to expand the VALET program at the Virginia Economic Development Partnership.
12. The appropriation for this item includes $3,600,000 the first year and $3,600,000 the second year from the general fund to expand tourism marketing activities at the Virginia Tourism Authority, which shall be distributed as follows:
a. $3,100,000 in the first year and $3,100,000 in the second year from the general fund shall be used to promote Virginia's tourism industries through an enhanced advertising campaign. Of these amounts, at least $1,000,000 in the first year and $1,000,000 in the second year shall be used to establish and implement a cooperative advertising program to partner with private sector tourism businesses and regional tourism entities to advertise Virginia as a tourism destination. The state dollars would be used to incentivize private and regional tourism marketing funds on a $1.00 for $1.00 basis whereby the Virginia Tourism Corporation would enter into agreements to undertake joint advertising purchases to promote Virginia and specific facilities with private sector and regional partners.
b. $300,000 the first year and $300,000 the second year from the general fund shall be provided to supplement appropriations for "See Virginia First," a public-private partnership operated by the Virginia Association of Broadcasters to advertise Virginia tourism. The Virginia Association of Broadcasters shall provide a total of at least $900,000 in television and radio advertising value to promote tourism in Virginia in each fiscal year.
c. $100,000 the first year and $100,000 the second year from the general fund shall be provided for "See Virginia Parks," a public-private partnership to advertise Virginia Parks. The Virginia Association of Broadcasters shall provide a total of at least $300,000 in television and radio advertising value to promote Virginia's parks in each fiscal year.
d. $100,000 the first year and $100,000 the second year from the general fund shall be provided to promote Virginia's wineries through a "See Virginia's Wineries" program, a public-private partnership managed by the Virginia Tourism Corporation to market Virginia's wineries. The Virginia Association of Broadcasters shall provide a total of at least $300,000 in television and radio advertising value to promote Virginia's wineries in each fiscal year.
13. It is the intent of the General Assembly that the second year appropriation for the appropriations in paragraphs G.6, G.9., and G.11. of this item shall meet the conditions for application of Section 4-1.03c.5. of this act.
H.1.Included in this item is $3,745,802 the first year and $13,310,010 the second year from the general fund and $3,745,802 the first year and $13,310,010 the second year from nongeneral funds to eliminate the moratorium on new enrollments in the Medicaid 1915 (c) home-and-community-based (i) Elderly or Disabled with Consumer Direction Waiver, (ii) Intellectual Disabilities Waiver, (iii) Day Support Waiver, (iv) Individuals and Family Developmental Disabilities Support Waiver, and (v) Alzheimer's Assisted Living Waiver, effective January 1, 2011.
2. Included in this item is $224,649 the first year and $283,492 the second year from the general fund and $283,492 the first year and $283,492 the second year from nongeneral funds to restore funding for Medicaid reimbursement for the long-stay hospital incentive plan.
3. Included in this item is $995,826 the first year and $1,332,500 the second year from the general fund and $1,256,664 the first year and $1,332,500 the second year from nongeneral funds to restore funding for Medicaid pharmacy reimbursement for generic pharmaceuticals.
4. Included in this item is $2,900,000 the first year and $6,200,000 the second year from the general fund and $1,800,000 the first year and $1,800,000 the second year from nongeneral funds to restore funding to continue to operate the Commonwealth Center for Children and Adolescents in Staunton, Virginia.
I.1. Included in this item is $12,628,029 the first year and $12,079,990 the second year from the general fund to restore the number of law enforcement deputies to not less than one such deputy for each 1,500 population, as provided by § 15.2-1609.1, Code of Virginia.
2. Included in this item is $28,607,179 the first year and $28,607,179 the second year from the general fund to restore funding for the Commonwealth's payment of retirement and life insurance premiums for sheriffs and their deputies and to eliminate across-the-board reductions for sheriffs' offices.
3. Included in this item is $7,519,712 the first year and $7,519,712 the second year from the general fund to restore funding for the Commonwealth's payment of retirement and life insurance premiums for Commonwealths Attorneys and their staff and set the funding for the offices at 95 percent of the fiscal year 2010 level as adopted in Chapter 781 of the Acts of the Assembly of 2009.
4. Included in this item is $3,650,659 the first year and $3,818,624 the second year from the general fund to provide for initiation of the 116th Basic Trooper School on or after July 1, 2010, and the 117th Basic Trooper School during fiscal year 2011.
J.Included in this item is $1,000,000 the first year from the general fund to support cancer research at the Massey Cancer Center. The Director, Department of Planning and Budget, shall transfer the general fund appropriation and allotment to Item 200 of Virginia Commonwealth University on July 1, 2010, for this purpose.
K.1. The Director, Department of Planning and Budget, shall transfer nongeneral fund appropriation and allotment to the following:
Item | Agency | Description | FY 2011 | FY 2012 |
| 238 | New College Institute | Utilize TICRC Funds | $1,464,107 | $1,464,107 |
| 239 | Institute for Advanced Learning & Research | Utilize TICRC Funds | $5,525,061 | $5,525,061 |
| 241 | Southern Virginia Higher Education Center | Utilize TICRC Funds | $1,930,643 | $1,930,643 |
| 242 | Southwest Virginia Higher Education Center | Utilize TICRC Funds | $1,804,919 | $1,804,919 |
| 456 | Virginia Department of Transportation | TICRC Funds
Route 58 Debt Service | $40,000,000 | $40,000,000 |
| | Subtotal | $50,724,730 | $50,724,730 |
2. There is hereby appropriated $50,724,730 in the first year and $50,724,730 the second year from nongeneral funds from the Fund established pursuant to § 3.2-3104, Code of Virginia, to make allocations in the amounts and for the purposes set out in paragraph I.1. of this item. This appropriation shall be in addition to the amounts made available to the Tobacco Indemnification and Community Revitalization Commission pursuant to § 3.2-3104, Code of Virginia.
L. In order to accomplish the actions contained in paragraphs A through J of this item, the Director, Department of Planning and Budget, shall withhold and transfer to this item amounts estimated at $633,396,234 from the general fund the first year and $902,652,269 from the general fund the second year from the following:
Item | Agency | Description | FY 2011 | FY 2012 |
| 39 | Supreme Court of VA | Eliminate Funding for Drug Courts | -$2,951,000 | -$2,951,000 |
| 71 | General Services | Building condition reporting system | -$261,000 | -$261,000 |
| 80 | State Board of Elections | Ten percent reduction for Registrars and Electoral Board | -$739,267 | -$739,267 |
| 84 | VDACS | VDACS - PDR matching grants | -$400,000 | -$400,000 |
| 93 | Forestry | Reforestation | -$745,140 | -$895,140 |
| 93 | Forestry | Forestry - Excess MELP, memberships & routine maint. | -$422,536 | -$422,536 |
| 96 | Economic Dev. Incentive Payments | Defer second year BRAC funding | $0 | -$7,500,000 |
| 96 | Economic Dev. Incentive Payments | Adjust SRI payments | -$1,000,000 | $0 |
| 99 | DHCD | Level fund homeless grants | $0 | -$1,327,532 |
| 99 | DHCD | Mortgage counselors | -$250,000 | -$250,000 |
| 109 | DOLI | 10% Reduction to Administration | -$242,950 | -$242,950 |
| 110 | DMME | Improved business practices | -$214,475 | -$214,475 |
| 111 | DMME | Reduce energy training fund by 50% | -$87,250 | -$87,250 |
| 114 | VEDP | Space Flight Authority | -$291,220 | -$541,220 |
| 122 | Secretary of Education & Workforce | Reduce CSG Public Broadcasting | -$2,645,816 | -$2,645,816 |
| 131 | Direct Aid to Public Education | Eliminate Project Discovery | -$765,000 | -$765,000 |
| 132 | Direct Aid to Public Education | Suspend planning period standard | -$185,678,159 | -$188,068,156 |
| 132 | Direct Aid to Public Education | Move programs to Lottery Fund | -$76,215,988 | -$76,927,781 |
| 132 | Direct Aid to Public Education | Fund Teachers Retirement at Normal Cost | $0 | -$164,330,601 |
| 132 | Direct Aid to Public Education | Include zero into LWA non-personal and transportation costs | -$40,566,705 | -$40,859,365 |
| 132 | Direct Aid to Public Education | Eliminate travel costs from support services | -$15,620,347 | -$15,665,098 |
| 132 | Direct Aid to Public Education | Eliminate lease and rental from support services | -$14,397,043 | -$14,484,412 |
| 132 | Direct Aid to Public Education | Extend school bus replacement schedule | -$9,745,062 | -$9,728,811 |
| 132 | Direct Aid to Public Education | Fund Teacher Retiree Health Credit at Normal Cost | $0 | -$19,780,536 |
| 132 | Direct Aid to Public Education | Correct Dinwiddie LCI | -$87,936 | -$96,193 |
| 132 | Direct Aid to Public Education | Eliminate career switchers/alternative licensure grants | -$279,983 | -$279,983 |
| 137 | SCHEV | Reduce Undergraduate TAG Grants | -$5,000,000 | -$5,000,000 |
| 138 | SCHEV | Eliminate Eminent Scholars Program | -$3,414,998 | -$3,414,998 |
| 157 | George Mason University | Eliminate Public Service Centers | $0 | -$459,125 |
| 165 | Longwood University | Eliminate Public Service Centers | $0 | -$216,313 |
| 173 | Old Dominion University | Eliminate Public Service Centers | $0 | -$500,000 |
| 187 | University of Virginia | Eliminate Public Service Centers | $0 | -$1,766,448 |
| 198 | Virginia Commonwealth University | Eliminate Public Service Centers | $0 | -$283,069 |
| 203 | Va. Community College System | Central Office & Utility | $0 | -$500,000 |
| 212 | Virginia Military Institute | Unique military program | -$310,000 | -$310,000 |
| 219 | Virginia Tech Extension | Eliminate & Consolidate Extension Offices | $0 | -$2,512,595 |
| 230 | Library of Virginia | Reduce Aid to Local Libraries | -$868,931 | -$868,931 |
| 233/ 234 | Commission for the Arts | Eliminate grants | -$2,232,243 | -$4,464,486 |
| 236 | Eastern Virginia Medical School | Reduce indigent care similar to UVA / VCU | -$450,000 | -$450,000 |
| 238 | New College Institute | Utilize TICRC Funds | -$1,464,107 | -$1,464,107 |
| 239 | Inst. for Adv. Learning & Research | Utilize TICRC Funds | -$5,525,061 | -$5,525,061 |
| 241 | So. Va. Higher Educ. Ctr. | Utilize TICRC Funds | -$1,930,643 | -$1,930,643 |
| 242 | Southwest Va. Higher Educ. Ctr. | Utilize TICRC Funds | -$1,804,919 | -$1,804,919 |
| 244 | Higher Education Research Initiative | Proton beam initiative | -$510,000 | -$510,000 |
| 262 | Dept. of Taxation | Reduce discretionary expenditures | -$2,464,881 | -$2,348,720 |
| 271 | Treasury Board | Debt service savings | $0 | -$8,334,167 |
| 273 | Secretary of HHR | Child advocacy centers | -$500,000 | -$500,000 |
| 274 | CSA | Utilization of services | -$1,500,000 | -$1,500,000 |
| 287 | VDH | Local Health Departments | -$4,598,427 | -$4,589,866 |
| 288 | VDH | Comprehensive Health Investment Project (CHIP) of Virginia | -$891,831 | -$843,612 |
| 289 | VDH | Safe Drinking Water State Revolving Fund | -$2,600,000 | -$2,600,000 |
| 296 | DMAS | FAMIS eligibility to 175% of FPL | -$16,324,894 | -$17,224,239 |
| 296 | DMAS | FAMIS Moms eligibility to 175% FPL | -$1,985,668 | -$2,070,989 |
| 297 | DMAS | Optional eligibility category from 275% to 250% of SSI payment | $0 | -$36,440,811 |
| 297 | DMAS | Medicaid inpatient hospital payments | -$5,745,895 | -$7,166,515 |
| 297 | DMAS | Medicaid nursing facility operating payments | -$11,940,294 | -$13,819,962 |
| 297 | DMAS | Medicaid outpatient hospital payments | -$6,684,068 | -$7,813,935 |
| 297 | DMAS | Indigent care at teaching hospitals | -$7,100,000 | -$7,100,000 |
| 297 | DMAS | Medicaid other practitioner payments | -$5,765,321 | -$7,234,574 |
| 297 | DMAS | Medicaid pediatric payments | -$3,101,045 | -$3,914,450 |
| 297 | DMAS | Medicaid inpatient hospital capital payments | -$2,259,119 | -$2,793,305 |
| 297 | DMAS | Medicaid dental fees | -$2,455,673 | -$2,918,550 |
| 297 | DMAS | Medicaid therapeutic day treatment services | -$2,490,233 | -$2,817,006 |
| 297 | DMAS | Medicaid nursing facility capital payments | -$1,991,319 | -$2,514,099 |
| 297 | DMAS | Medicaid adult preventive & primary care payments | -$1,957,940 | -$2,444,470 |
| 297 | DMAS | Medicaid OB/GYN payments | -$1,899,035 | -$2,384,200 |
| 297 | DMAS | Medicaid psychiatric residential treatment facility payments | -$1,761,456 | -$1,985,800 |
| 297 | DMAS | DMAS central office | -$1,550,000 | -$1,550,000 |
| 297 | DMAS | Medicaid preventive pediatric payments | -$991,855 | -$1,260,670 |
| 297 | DMAS | Medicaid emergency room physician payments | -$913,795 | -$1,154,480 |
| 297 | DMAS | Medicaid environmental modifications/assistive technology from $5,000 to $3,000 per year | -$276,385 | -$625,306 |
| 297 | DMAS | Enhanced Medicaid FMAP for Medicare Part D payments | -$85,736,111 | $0 |
| 297 | DMAS | Medicaid retention of school health federal reimbursement | -$287,801 | -$592,869 |
| 298 | DMAS | Uninsured Medical Catastrophe Fund | -$225,000 | -$225,000 |
| 328 | DSS | Local Social Services Departments | -$4,641,894 | -$4,642,133 |
| 330 | DSS | Auxiliary Grant rate from $1,112 to $1,012 per month | -$4,992,000 | -$4,992,000 |
| 330 | DSS | Chore and companion services | -$1,750,000 | -$1,750,000 |
| 330 | DSS | Domestic violence services | -$442,492 | -$444,648 |
| 332 | DSS | General Relief Program | -$2,400,000 | -$2,400,000 |
| 333 | DSS | Healthy Families | -$1,368,195 | -$1,757,272 |
| 333 | DSS | Early Childhood Foundation | -$1,275,000 | -$1,275,000 |
| 330 | DSS | Other purchased services by Local DSS | -$1,000,000 | -$1,000,000 |
| 351 | Department of Conservation and Recreation | Eliminate Deposit to Natural Resources Commitment Fund | -$5,000,000 | -$5,000,000 |
| 352 | Department of Conservation and Recreation | Eliminate Funding for Land Conservation Fund | -$1,000,000 | -$1,000,000 |
| 352 | Department of Conservation and Recreation | Reduce Funding for Adopt-a-Stream Program | -$74,569 | -$74,569 |
| 369 | Museum of Natural History | Eliminate Travel Advertising and Promotion Funding | -$25,000 | -$25,000 |
| 371 | Commonwealth's Atty Services Council | Require Payment to Support Services | $0 | -$302,354 |
| 375 | Correctional Education | Eliminate Vacant Positions | -$2,157,848 | -$2,157,848 |
| 376 | Department of Corrections | Eliminate Vacant Probation and Parole Positions | -$1,519,095 | -$1,519,095 |
| 379 | Department of Corrections | Close Rustburg and Haynesville Field Units | -$2,615,465 | -$5,476,896 |
| 379 | Department of Corrections | Reduce Funding for Equipment Purchases | -$1,247,732 | -$1,247,732 |
| 384 | Criminal Justice Services | Eliminate Outside Vendor Immigration and Language Training | -$85,000 | -$85,000 |
| 386 | Criminal Justice Services | Equalize First and Second Year Funding for HB 599 Program | -$6,686,861 | $0 |
| 396 | Department of Forensic Science | Eliminate Payments in Lieu of Taxes | -$219,000 | -$219,000 |
| 399 | Department of Juvenile Justice | Reduce Funding for VJCCC | -$2,521,053 | -$2,521,053 |
| 403 | Department of Military Affairs | Reduce Funding for Commonwealth Challenge Program | -$90,805 | -$90,805 |
| 418 | Compensation Board | Eliminate Jail Contract Bed Program | -$1,464,000 | -$1,464,000 |
| 456 | VDOT | TICRC Funds Route 58 Debt Service | -$12,000,000 | -$68,000,000 |
| 466 | Central Appropriations | Eliminate Funding for Productivity Incentive Fund | -$500,000 | $0 |
| 469 | Central Appropriations | Adjust Funding for State Employee Health Insurance | -$8,904,390 | -$45,695,452 |
| 469.1 | Central Appropriations | Revise financial aid methodology | $0 | -$20,000,000 |
| 472 | Central Appropriations | Reduce Transfer Grant | -$1,300,000 | -$1,300,000 |
| C-84 | Central Capital Outlay | Reduce Maintenance Reserve | -$15,000,000 | $0 |
| GRAND TOTAL | -$633,396,224 | -$902,652,269 |
M.1. The provisions of paragraph D., Item 71, House Bill 30, as introduced in the 2010 General Assembly, are deleted.
2. The provisions of paragraph G., Item 93, House Bill 30, as introduced in the 2010 General Assembly, are deleted and replaced as follows:
"G. A nongeneral fund appropriation for the Reforestation Incentives to Private Forest Land Owners for the Reforestation of Timberlands Program shall be deemed sufficient to meet the provisions of Titles 10.1 and 58.1, Code of Virginia."
3. The provisions of paragraph J.1., Item 96, House Bill 30, as introduced in the 2010 General Assembly, are deleted and replaced as follows:
"J.1. Out of the appropriation for this item, $7,500,000 in the first year from the general fund is included to assist impact localitiesin funding needs associated with the implementation of and response to the recommendations of the 2005 Base Realignment and Closure Commission (BRAC) which were subsequently agreed to by the President and the United States’ Congress. Grants allocated from this appropriation shall be aimed at fostering collaborative efforts among state agencies, local governments and regional entities to address quantifiable costs or impacts resulting from specific actions to implement the recommendations of the BRAC or to protect the Commonwealth’s strategic, homeland security, and economic interests in response to such implementation and similar actions. Individual grants may be for either operating or capital expenses but shall be matched by either cash or in-kind contributions. Moreover, no grant shall be used to supplant funding currently provided by other levels of government or by private sources."
4. The provisions of paragraph G., Item 96, House Bill 30, as introduced in the 2010 General Assembly, are deleted and replaced as follows:
"G. Out of the appropriation for this item, $2,000,000 the first year from the general fund shall be used to pay grants in accordance with § 2.2-2240.1, Code of Virginia."
5. The provisions of paragraph E., Item 99, House Bill 30, as introduced in the 2010 General Assembly, are deleted.
6. The provisions of paragraph K., Item 114, House Bill 30, as introduced in the 2010 General Assembly, are deleted and replaced as follows:
"K. Out of the amounts for Economic Development Services shall be provided $1,087,875 the first year and $837,875 the second year from the general fund to the Virginia Commercial Space Flight Authority."
7. The provisions of paragraphs A.11., A.12., A.13., A.14., A.15., A.16., A.17., A.18., A.19., and A.20., Item 132, House Bill 30, as introduced in the 2010 Session of the General Assembly, are enacted as follows:
"11. Notwithstanding any other provision in statute or in this item, the Department of Education is directed to eliminate the corresponding and appropriate object code(s) from recognized support costs related to reported travel expenditures included in the linear weighted average non-personal support cost calculations for the purposes of calculating Standards of Quality (SOQ) basic aid costs for support services through the rebenchmarking process and the allocation of funding to localities.
12. Notwithstanding any other provision in statute or in this item, the Department of Education is directed to include zeros in the linear weighted average calculation of non-personal support costs for the purposes of calculating Standards of Quality (SOQ) basic aid costs for support services through the rebenchmarking process and the allocation of funding to localities.
13. Notwithstanding any other provision in statute or in this item, the Department of Education is directed to fund the pupil transportation costs using a 15 year replacement schedule, which is the current practice in many school divisions, for the school bus replacement schedule for the purposes of calculating Standards of Quality (SOQ) basic aid costs for support services through the rebenchmarking process and the allocation of funding to localities.
14. Notwithstanding any other provision in statute or in this item, the Department of Education is directed to calculate funding for middle and high school teaching positions at a school-wide pupil to teacher ratio of 25:1 and shall not provide funding or any other allowances for planning periods.
15. To provide temporary flexibility, notwithstanding any other provision in statute or in this item, school divisions may elect to increase the teacher to pupil staffing ratios in kindergarten through grade 7 and English classes for grades 6 through twelve by one additional student; the teacher to pupil staffing ratio requirements for Elementary Resource teachers, Prevention, Intervention and Remediation, English as a Second Language, Gifted and Talented, Career and Technical funded programs are waived; and the instructional and support technology positions, librarians and guidance counselors staffing ratios for new hires are waived.
16. Notwithstanding any other provision in statute or in this item, the Department of Education is directed to eliminate the corresponding and appropriate object code(s) from recognized support costs related to reported leases and rental expenditures included in the linear weighted average non-personal support cost calculations for the purposes of calculating Standards of Quality (SOQ) basic aid costs for support services through the rebenchmarking process and the allocation of funding to localities.
17. Notwithstanding any other provision in statute or in this item, the Department of Education is directed to prorate the cost of competing (COCA) to fund the 2010-12 composite index for the first year for those school divisions in Planning District Eight in the following manner: adjust the calculation used to fund the support COCA from 24.61 percent to 15.59 percent and the instructional COCA from 9.83 percent to 6.23 percent.
18. Notwithstanding any other provision in statute or in this item, the Department of Education is directed to provide a hold harmless allocation to those school divisions that had realized additional state funding in the first year due to the delay of the composite index calculation update, as contained in House Bill 30, 2010 Session of the General Assembly. The hold harmless allocation for each school division will be based on providing 80 percent of the amount deducted as a result of implementing the composite index update in the first year.
19. Notwithstanding any other provision in statute or in this item, the Department of Education is directed to recalculate the composite index update for all localities using Dinwiddie County's corrected 2007 true value of property.
20. Notwithstanding any other provision in statute or in this item, the Department of Education is directed to adjust the true property value reported for the purposes of calculating the composite index updates for Albemarle County down by the percent value as prescribed in the local revenue sharing agreement between Albemarle County and the City of Charlottesville. For the purposes of the composite index updates for the 2010-2012 biennium, Albemarle's true property value shall be reduced by 10 percent. The City of Charlottesville shall have its Standards of Quality Basic Aid payment reduced by an equivalent amount as provided to Albemarle pursuant to the local composite index adjustment. All other localities shall be held harmless from this adjustment."
8. The provisions of paragraph A.4.c.2), Item 132, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted.
9. The provisions of paragraph B.7.c., Item 132, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"c. Appropriations in this item include programs supported in part by transfers to the general fund from the Public Education Standards of Quality/Local Real Estate Property Tax Relief Fund pursuant to Part 3 of this Act. These transfers, combined together with other appropriations from the general fund in this item, fund the state's share of the following revisions to the Standards of Quality pursuant to Chapters 939 & 955 of the Acts of Assembly of 2004: five elementary resource teachers per 1,000 students; one support technology position per 1,000 students; and one instructional technology position per 1,000 students."
10. The provisions of paragraph C.5.i., Item 132, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"i. From the total amounts in paragraph h. above, an amount estimated at $104,300,000 the first year and $107,700,000 the second year (approximately 1/8 cent of sales and use tax) is appropriated to support a portion of the cost of the state's share of the following revisions to the Standards of Quality pursuant to Chapters 939 & 955 of the Acts of Assembly of 2004: five elementary resource teachers per 1,000 students; one support and one instructional technology position per 1,000 students in order to relieve the pressure on local real estate taxes and shall be taken into account by the governing body of the county, city, or town in setting real estate tax rates."
11. The provisions of the table 'Appropriation Detail of Education Assistance Programs (17800),' Item 132, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
| Appropriation Detail of Education Assistance Programs (17800) | | |
| | |
| Standards of Quality (17801) | FY 2011 | FY 2012 |
| Basic Aid (Excluding SFSF) | $2,728,695,689 | $2,853,299,660 |
| SOQ Funded from State Fiscal Stabilization Funds, Item 133 | $126,372,427 | $0 |
| | |
| Subtotal - Basic Aid | $2,855,068,116 | $2,853,299,660 |
| | |
| Sales Tax | $1,078,800,000 | $1,114,700,000 |
| Vocational Education | $51,995,890 | $52,234,956 |
| Gifted Education | $30,906,798 | $31,245,002 |
| Special Education | $288,556,657 | $291,101,641 |
| Prevention, Intervention, and Remediation | $69,326,162 | $69,579,517 |
| VRS Retirement | $249,502,704 | $93,062,228 |
| Social Security | $166,038,864 | $167,914,448 |
| Group Life | $7,186,588 | $7,295,595 |
| English as a Second Language | $38,662,858 | $38,665,061 |
| Total including SFSF | $4,836,044,637 | $4,719,098,108 |
| | |
| Incentive Programs (17802) | | |
| Governor's School | $14,045,834 | $14,371,049 |
| Clinical Faculty | $318,750 | $318,750 |
| Career Switcher Mentoring Grants | $279,983 | $279,983 |
| Special Education - Endorsement Program | $600,000 | $600,000 |
| Special Education - Vocational Education | $200,089 | $200,089 |
| Composite Index Hold Harmless | $91,655,000 | $0 |
| Total | $107,099,656 | $15,769,871 |
| | |
| Categorical Programs (17803) | | |
| Adult Education | $1,051,800 | $1,051,800 |
| Adult Literacy | $2,645,375 | $2,645,375 |
| Virtual Virginia | $2,356,908 | $2,356,908 |
| American Indian Treaty Commitment | $75,669 | $77,348 |
| Special Education - Homebound | $5,628,891 | $5,938,390 |
| Special Education - Jails | $3,698,491 | $4,065,031 |
| Special Education - State Operated Programs | $34,075,630 | $35,427,675 |
| Total | $49,532,764 | $51,562,527 |
| | |
| Lottery (17805) | | |
| Foster Care | $12,896,417 | $13,605,123 |
| Mentor Teacher | $1,000,000 | $1,000,000 |
| K-3 Primary Class Size | $88,596,192 | $88,681,570 |
| School Breakfast Program | $2,442,968 | $2,895,852 |
| SOL Algebra Readiness | $8,976,783 | $9,006,959 |
| Regional Alternative Education | $6,779,652 | $6,830,512 |
| ISAEP | $2,247,581 | $2,247,581 |
| Special Education - Regional Tuition | $75,141,153 | $82,400,653 |
| Career and Technical Education - Categorical | $10,400,829 | $10,400,829 |
| No Child Left Behind/Education for a Lifetime | $4,749,675 | $4,749,675 |
| Project Graduation | $2,774,478 | $2,774,478 |
| Supplemental Basic Aid | $946,731 | $923,679 |
| Lottery Proceeds Block Grant | $136,229,621 | $126,953,376 |
| Textbooks | $51,151,296 | $51,413,262 |
| Remedial Summer School | $25,064,692 | $25,514,519 |
| School Lunch | $5,801,932 | $5,801,932 |
| Total | $435,200,000 | $435,200,000 |
| | |
| Supplemental Education (14304) | | |
| Financial Assistance for Supplemental Education | $7,708,961 | $7,708,961 |
| Total | $7,708,961 | $7,708,961 |
| | |
| Technology Grants | | |
| Technology - VPSA (NGF) | $0 | $57,792,000 |
| Total | $0 | $57,792,000 |
12. The provisions of paragraphs C.5.f.1), and C.5.f.3), Item 132, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"1) The appropriation in this item includes $51,151,296 the first year and $51,413,262 the second year from the Lottery Proceeds Fund as the state's share of the cost of textbooks based on a per pupil amount of $75.55 the first year and $75.55 the second year. A school division shall appropriate these funds for textbooks or any other public education instructional expenditure by the school division. The state's distributions for textbooks shall be based on adjusted March 31 ADM. These funds shall be matched by the local government, based on the composite index of local ability-to-pay.
3) School divisions may use a portion of this funding to purchase Standards of Learning instructional materials. School divisions may also use these funds to purchase electronic textbooks or other electronic media resources integral to the curriculum and the technical equipment required to read and access the electronic textbooks and electronic curriculum materials."
13. The provisions of paragraph C.9., Item 132, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted.
14. The provisions of paragraph C.10.e., Item 132, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"e. An amount as determined by the locality from the locality's portion of the Lottery Proceeds Block Grant payment amount of $136,229,621 the first year and $126,953,376 the second year from the Lottery Proceeds Fund shall be allocated in support of programs for students who are educationally at risk.
1) a) Local school divisions may elect to allocate a portion of the Lottery Proceeds Block grant payments (state and local share) on approved programs for students who are educationally at risk.
b) To receive these funds, each school division shall certify to the Department of Education that the state and local share of the payment will be used to support approved programs for students who are educationally at risk and shall submit such certification in a format specified by the Department of Education. These programs may include: Dropout Prevention, community and school-based truancy officer programs, Advancement Via Individual Determination (AVID), Reading Recovery, programs for students who speak English as a Second Language, or programs related to increasing the success of disadvantaged students in completing a high school degree and providing opportunities to encourage further education and training. Further, any new funds a school division receives in excess of the amounts received in fiscal year 2008 may be used first to provide data coordinators or to purchase similar services for schools that have not met Adequate Yearly Progress (AYP) under the federal No Child Left Behind Act or are not fully accredited under the Standards of Accreditation. The data coordinator position is intended to provide schools with needed support in the area of data analysis and interpretation for instructional purposes, as well as overall data management and the administration of state assessments. The position would primarily focus on data related to instruction and school improvement, including: student assessment, student attendance, student/teacher engagement, behavior referrals, suspensions, retention, and graduation rates."
15. The provisions of paragraph C.10.g., Item 132, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"g. Remedial Summer School
1) This appropriation includes $25,064,692 the first year and $25,514,519 the second year from the Lottery Proceeds Fund for the state's share of Remedial Summer School Programs. These funds are available to school divisions for the operation of programs designed to remediate students who are required to attend such programs during a summer school session or during an inter-session in the case of year-round schools. These funds may be used in conjunction with other sources of state funding for remediation or intervention. School divisions shall have maximum flexibility with respect to the use of these funds and the types of remediation programs offered; however, in exercising this flexibility, students attending these programs shall not be charged tuition and no high school credit may be awarded to students who participate in this program.
2) For school divisions charging students tuition for summer high school credit courses, consideration shall be given to students from households with extenuating financial circumstances who are repeating a class in order to graduate."
16. The provisions of paragraph C.14.a.1), Item 132, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"a.1) An amount as determined by the locality from the locality's portion of the Lottery Proceeds Block Grant payment amount of $136,229,621 the first year and $126,953,376 the second year from the Lottery Proceeds Fund shall be disbursed by the Department of Education to schools and community-based organizations to provide quality preschool programs for at-risk four-year-olds unserved by Head Start program funding. In no event shall distributions from the Lottery Proceeds Fund be made directly to community-based or private providers."
17. The provisions of paragraphs C.14.a.4)a), C.14.a.4)b), C.14.b.3), Item 132, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"4)a) Half-day programs shall operate for a minimum of three hours of classroom instructional time per day, excluding breaks for lunch or recess. Full-day programs shall operate for a minimum of five and one-half instructional hours, excluding breaks for meals and recess. No additional state funding is provided for programs operating greater than three hours per day but less than five and one-half hours per day. School divisions or community-based programs operating preschool programs for at-risk four-year-olds unserved with these funds must comply with the program requirements of §22.1-199.1 C., Code of Virginia.
3) For purposes of meeting the local match, localities may use local expenditures for existing qualifying programs; however, at least 75 percent of the local match will be cash and no more than 25 percent will be in-kind. In-kind contributions are defined as cash outlays that are made by the locality that benefit the program but are not directly charged to the program. The value of fixed assets cannot be considered as an in-kind contribution. Localities shall also continue to pursue and coordinate other funding sources, including child care subsidies. Funds received through this program must be used to supplement, not supplant, any funds currently provided for programs within the locality. However, in the event a locality is prohibited from continuing the previous level of support to programs for at-risk four-year-olds from Title I of the federal Elementary and Secondary Education Act (ESEA), the state and local funds provided in this grants program may be used to continue services to these Title I students. Such prohibition may occur due to amendments to the allocation formula in the reauthorization of ESEA as the No Child Left Behind Act of 2001 or due to a percentage reduction in a locality's Title I allocation in 2009-2010 or 2010-2011. Any locality so affected shall provide written evidence to the Superintendent of Public Instruction and request his approval to continue the services to Title I students."
18. The provisions of paragraph C.15.a., Item 132, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"a. An amount as determined by the locality from the locality's portion of the Lottery Proceeds Block Grant payment amount of $136,229,621 the first year and $126,953,376 the second year from the Lottery Proceeds Fund shall be disbursed by the Department of Education to local school divisions for the purposes of providing early reading intervention services to students in grades kindergarten through 3 who demonstrate deficiencies based on their individual performance on diagnostic tests which have been approved by the Department of Education. The Department of Education shall review the tests of any local school board which requests authority to use a test other than the state-provided test to ensure that such local test uses criteria for the early diagnosis of reading deficiencies which are similar to those criteria used in the state-provided test. The Department of Education shall make the state-provided diagnostic test used in this program available to local school divisions. School divisions shall report the results of the diagnostic tests to the Department of Education on an annual basis at a time to be determined by the Superintendent of Public Instruction."
19. The provisions of paragraph C.15.b., Item 132, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted.
20. The provisions of paragraph C.27.b, Item 132, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as fellows:
"b. Out of this appropriation, an amount estimated at $136,229,621 the first year and $126,953,376 the second year shall be disbursed by the Department of Education to local school divisions to support the state share of an estimated $201.20 per pupil the first year and $186.55 per pupil the second year in adjusted March 31 average daily membership. These per pupil amounts are subject to change for the purpose of payment to school divisions based on the actual March 31 ADM collected each year. To receive this funding, the locality in which the school division is located shall appropriate these funds for expenditures related to Virginia Preschool, Early Reading Intervention and At-Risk initiatives in which the school division has elected to participate. These funds shall be matched by the local government, based on the composite index of local ability-to-pay."
21. The provisions of paragraphs B.1. and B.2., Item 131, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted.
22. The provisions of Item 122, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted.
23. The provisions of paragraph C.33., Item 132, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted.
24. The provisions of paragraph C.19.c., Item 132, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as fellows:
"c. Out of the amounts for Financial Assistance for Categorical Programs, $34,075,630 the first year and $35,427,675 the second year from the general fund is appropriated to permit the Department of Education to enter into agreements with selected local school boards for the provision of educational services to children residing in certain hospitals, clinics, and detention homes by employees of the local school boards. The selection and employment of instructional and administrative personnel under such agreements will be the responsibility of the local school board in accordance with procedures as prescribed by the local school board. State payments for the first year to the local school boards operating these programs will be based on certified expenditures from the fourth quarter of fiscal year 2010 and the first three quarters of fiscal year 2011. State payments for the second year to the local school boards operating these programs will be based on certified expenditures from the fourth quarter of fiscal year 2011 and the first three quarters of fiscal year 2012."
25. The provisions of paragraph B., Item 138, House Bill 30, as introduced in the 2010 General Assembly, are deleted.
26. The provisions of paragraph C., Item 157, House Bill 30, as introduced in the 2010 General Assembly, are deleted.
27. The provisions of paragraph H., Item 173, House Bill 30, as introduced in the 2010 General Assembly, are deleted.
28. The provisions of paragraph C., Item 187, House Bill 30, as introduced in the 2010 General Assembly, are deleted.
29. The provisions of paragraphs I.1. and I.2., Item 187, House Bill 30, as introduced in the 2010 General Assembly, are deleted.
30. The provisions of paragraph H., Item 198, House Bill 30, as introduced in the 2010 General Assembly, are deleted.
31. The provisions of paragraph I., Item 198, House Bill 30, as introduced in the 2010 General Assembly, are deleted.
32. The Director, Department of Planning and Budget, shall withhold and transfer to this item amounts estimated at $20,000,000 the second year from the general fund appropriations in program 108 of institutions of higher education. The individual amounts shall be determined by the State Council of Higher Education for Virginia using the methodology contained in Item 139, paragraph M."
33. The provisions of paragraph E.2., Item 271, House Bill 30, as introduced in the 2010 General Assembly, are deleted and replaced as follows:
"2. Out of the amounts for Debt Service Payments on Virginia College Building Authority Bonds shall be paid to the Virginia College Building Authority the following amounts for the payment of debt service on authorized bond issues to finance equipment:
| Series | FY 2011 | FY 2012 |
| 2006 | $12,951,750 | $0 |
| 2007B | $18,775,750 | $18,779,250 |
| 2008A | $8,231,750 | $8,229,250 |
| 2009D | $9,049,150 | $9,051,425 |
| Projected debt service & expenses | $9,800,000 | $18,134,167 |
| Subtotal Equipment | $58,808,400 | $45,859,925 |
| Total Service Area | $185,530,090 | $201,689,815." |
34. The provisions of paragraph A., of Item 273, in House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"A. Out of this appropriation, $400,000 the first year and $400,000 the second year from the general fund shall be used to sustain statewide services provided through child advocacy centers."
35. The provisions of paragraph A.1., Item 288, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"A.1. Out of this appropriation, $1,467,673 the first year and $1,515,892 the second year from the general fund is provided to the Comprehensive Health Investment Project (CHIP) of Virginia."
36. The provisions of paragraph C., Item 289, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted.
37. The provisions of paragraph D., Item 296, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"D. Effective July 1, 2010, the Department of Medical Assistance Services shall amend the Family Access to Medical Insurance Security Plan and related regulations to provide medical coverage to pregnant women who are over the age of 19 who are ineligible for Medicaid and have annual family income less than or equal to 175 percent of the Federal Poverty Level and to simplify the administration of the premium assistance program available to families with children eligible for FAMIS who have access to an employer-sponsored health insurance program. The medical coverage period shall apply to a woman during her pregnancy and extend no longer than the end of the month in which her 60-day postpartum period ends. Services provided during this coverage period shall include all services in the FAMIS State Plan with the exception of the Early Periodic Screening Diagnosis and Treatment Program. The department will continue to ensure the cost effectiveness of the premium assistance program."
38. The provisions of paragraph C., Item 296, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"C. Notwithstanding § 32.1-351, Code of Virginia, the Department of Medical Assistance Services shall amend the Family Access to Medical Insurance Security (FAMIS) Plan to provide coverage for individuals under the age of 19 when such individuals have family incomes at or below 175 percent of the federal poverty level and who meet all other eligibility criteria as provided for in Title 32.1, Chapter 13, Code of Virginia. Every eligible applicant for health insurance, as provided for in this item, shall be enrolled and served in the program. To the extent that appropriations in this item are insufficient, the Director, Department of Planning and Budget, shall transfer general fund appropriations from Items 297 and 299 into this item, to be used as state match for federal Title XXI funds."
39. The provisions of paragraph E., Item 297, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"E.1. Included in this appropriation is $63,991,631 from the general fund and $72,805,362 from nongeneral funds in the first year and $69,559,795 from the general fund and $78,727,642 from nongeneral funds in the second year to reimburse the Virginia Commonwealth University Health System for indigent health care costs. This funding is composed of disproportionate share hospital (DSH) payments, indirect medical education (IME) payments, and any Medicaid profits realized by the Health System. Payments made from the federal DSH fund shall be made in accordance with 42 USC 1396r-4. In order to receive the nongeneral funds in excess of the amount of the general fund appropriated, the Virginia Commonwealth University Health System shall certify the public expenditure.
2. Included in this appropriation is $38,212,827 from the general fund and $43,475,976 from nongeneral funds in the first year and $41,568,366 from the general fund and $47,046,997 from nongeneral funds in the second year to reimburse the University of Virginia Health System for indigent health care costs. This funding is comprised of disproportionate share hospital (DSH) payments, indirect medical education (IME) payments, and any Medicaid profits realized by the Health System. Payments made from the federal DSH fund shall be made in accordance with 42 USC 1396r-4. In order to receive the nongeneral funds in excess of the amount of the general fund appropriated, the University of Virginia University Health System shall certify the public expenditure."
40. The provisions of paragraph S.2., Item 297, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"2. In developing the maximum allowable cost (MAC) reimbursement rate for generic pharmaceuticals, the department shall (i) if publicly available, publish the factors used to set state MAC rates, including the identity of the reference product used to set the MAC rate; the GCN number of the reference product, the factor by which the MAC rate exceeds the reference product price which shall be not less than 110 percent of the lowest-published wholesale acquisition cost for products widely available for purchase in the state and is included in national pricing compendia, and the identity and date of the published compendia used to determine the reference product and set the MAC rate; (ii) identify three different suppliers that are able to supply the product and from whom pharmacies are able to purchase sufficient quantities of the drug. The drugs considered must be listed as therapeutically and pharmaceutically equivalent in the FDA’s most recent version of the “Orange Book"; (iii) identify that the use of a MAC rate is lower than the Federal Upper Limit (FUL) for the drug, or the development of a MAC rate that does not have a FUL will not result in the use of higher-cost innovator brand name or single source drugs in the Medicaid program; and (iv) distribute the list of state MAC rates to pharmacy providers in a timely manner prior to the implementation of MAC rates and subsequent modifications."
41. The provisions of paragraph AAA., Item 297, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"AAA. Effective July 1, 2010, the Department of Medical Assistance Services shall amend the State Plan for Medical Assistance to reduce the maximum percentage to 5.25% in the incentive plan for long-stay hospitals. The department shall also eliminate the inflation increase for rates in fiscal year 2011 and fiscal year 2012 and freeze ceilings in fiscal year 2011 and fiscal year 2012 at the same level as the ceilings for long stay hospitals with fiscal year that ends June 30, 2010. The department shall have the authority to implement this reimbursement change effective July 1, 2010, and prior to the completion of any regulatory process undertaken in order to effect such change."
42. The provisions of paragraph DDD., Item 297, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"DDD.1. Effective July 1, 2010, the Department of Medical Assistance Services shall amend the State Plan for Medical Assistance to make the following changes:
a. Eliminate the adjustment for inflation of nursing facility and specialized care operating rates for days of service in fiscal year 2011 and fiscal year 2012 and to freeze nursing facility and specialized care ceilings in fiscal year 2011 and fiscal year 2012 at the same level as the ceilings for nursing facilities with fiscal year ends of June 30, 2010.
b. Further reduce nursing facility direct and indirect care payment rates and specialized care operating rates by the following percentages below the rates that otherwise would have been in effect after application of paragraph DDD.1.a. in fiscal year 2011 and fiscal year 2012:
1) 0.5 percent for nursing facilities with a Medicaid utilization rate of 95 percent or greater;
2) 1.0 percent for nursing facilities with a Medicaid utilization rate of at least 90 percent and less than 95 percent;
3) 1.5 percent for nursing facilities with a Medicaid utilization rate of at least 85 percent and less than 90 percent;
4) 2.0 percent for nursing facilities with a Medicaid utilization rate of at least 80 percent and less than 85 percent;
5) 2.5 percent for nursing facilities with a Medicaid utilization rate of at least 75 percent and less than 80 percent;
6) 3.0 percent for nursing facilities with a Medicaid utilization rate of at least 70 percent and less than 75 percent; and
7) 3.5 percent for nursing facilities with a Medicaid utilization rate of less than 70 percent.
The nursing facility utilization rate shall be based on settled cost reports for provider fiscal year ends in calendar year 2008 for reductions to fiscal year 2011 rates and for provider fiscal year ends in calendar year 2009 for reductions in fiscal year 2012. If a provider has more than one settled cost report in the calendar year, the results from the most recent of those cost reports shall be used.
c. Provide that the floor for the nursing facility FRV “rental rate” shall be 8.5 percent in fiscal year 2011 and fiscal year 2012.
2. The department shall have the authority to implement these reimbursement changes effective July 1, 2010, and prior to the completion of any regulatory process undertaken in order to effect such change."
43. The provisions of paragraph EEE., Item 297, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"EEE.1. Effective July 1, 2010, the Department of Medical Assistance Services shall not adjust rates or the rate ceiling of residential psychiatric facilities for inflation.
2. Effective July 1, 2010, the Department of Medical Assistance Services shall reduce reimbursement to residential psychiatric facilities to achieve an additional savings in the first year of $1,761,456 general fund and $2,223,738 nongeneral fund and in the second year of $1,985,800 general fund and $1,985,800 nongeneral fund."
44. The provisions of paragraphs HHH., III., JJJ., KKK., and LLL., Item 297, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted.
45. The provisions of paragraph RRR., Item 297, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"RRR.1. The Department of Medical Assistance Services shall amend the State Plan for Medical Assistance to reduce the income limit for eligibility under the 300 percent Supplemental Security Income (SSI) eligibility group to 275 percent of the SSI payment level. The department shall implement this change effective January 1, 2011, or on the earliest date thereafter when it is determined that such change will not jeopardize the increased Federal Medical Assistance Percentage established under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5) and any extension thereof through subsequent federal legislation, and prior to the completion of any regulatory process undertaken in order to effect such change.
2. The Department of Medical Assistance Services shall amend the State Plan for Medical Assistance to further reduce the income limit for eligibility under the 300 percent Supplemental Security Income (SSI) eligibility group to 250 percent of the SSI payment level. The department shall have the authority to implement this reimbursement change effective July 1, 2011, and prior to the completion of any regulatory process undertaken in order to effect such change."
46. The provisions of paragraphs XXX., YYY., ZZZ., AAAA., BBBB., CCCC., DDDD., EEEE., and FFFF., Item 297, House Bill 30, as introduced in the 2010 Session of the General Assembly, are enacted as follows:
"XXX. Effective July 1, 2010, the Department of Medical Assistance Services shall amend the State Plan for Medical Assistance to set the hospital adjustment factor for Type Two hospitals to 76.5 percent for general acute care cases and acute care rehabilitation cases and 82.5 percent for acute care for psychiatric cases. This does not apply to Type Two hospitals for which Virginia Medicaid utilization, which is defined as patient days, exceeds 50 percent. The department shall have the authority to implement this reimbursement change effective July 1, 2010, and prior to the completion of any regulatory process undertaken in order to effect such change.
YYY. Effective July 1, 2010, the Department of Medical Assistance Services shall amend the State Plan for Medical Assistance to reduce hospital capital reimbursement from 75 percent of cost to 70 percent of cost for Type Two hospitals. This does not apply to Type Two hospitals for which Virginia Medicaid utilization, defined as patient days, exceeds 50 percent. The department shall have the authority to implement this reimbursement change effective July 1, 2010, and prior to the completion of any regulatory process undertaken in order to effect such change.
ZZZ. Effective July 1, 2010, the Department of Medical Assistance Services shall amend the State Plan for Medical Assistance to reduce hospital outpatient reimbursement from 80 percent of cost to 77 percent of cost for Type Two hospitals and from 94% of cost to 91% of cost for Type One hospitals. This does not apply to Type Two hospitals for which Virginia Medicaid utilization, defined as patient days, exceeds 50 percent. The department shall not replace through other payment mechanisms the losses of Type One hospitals from this reduction unless the provider is able to transfer the state share or certify the public expenditures. The department shall have the authority to implement this reimbursement change effective July 1, 2010, and prior to the completion of any regulatory process undertaken in order to effect such change.
AAAA. Effective July 1, 2010, the Department of Medical Assistance Services shall retain five percent of the Federal Financial Participation for reimbursement to school divisions for medical and transportation services. This reimbursement will cover the department's costs in assisting school divisions in submitting cost reports.
BBBB. Effective July 1, 2010, the Department of Medical Assistance Services shall reduce rates for therapeutic day treatment services by five percent and require prior authorization of services.
CCCC. The Department of Medical Assistance Services shall amend the 1915 (c) home-and-community-based waivers to decrease the annual amount paid for environmental modifications and assistive technology from $5,000 to $3,000. The department shall amend the Children’s Mental Health demonstration grant to decrease the annual amount paid for environmental modifications from $5,000 to $3,000. The department shall implement this change effective January 1, 2011, and prior to the completion of any regulatory process undertaken in order to effect such change.
DDDD.1. Effective July 1, 2010, the Department shall reduce by five percent for physicians and other providers billing for services whose rates are determined on a Resource Based Relative Value Scale in 12 VAC 30-80-190 at the same time as the annual update.
2. The department shall have the authority to implement this reimbursement change effective July 1, 2010, and prior to the completion of any regulatory process undertaken in order to effect such change.
EEEE. Effective July 1, 2010, the Department of Medical Assistance Services shall amend the State Plan for Medical Assistance to reduce dental fees by five percent.
FFFF. The Department of Medical Assistance Services shall exempt anti-psychotic medications used for the treatment of mental illness from the Medicaid Preferred Drug List program through June 30, 2011. The Director, Department of Medical Assistance Services, shall provide a report to the Chairmen of the House Appropriations and Senate Finance Committees by December 1, 2010, on the impact on patient care and costs of including these medications in the Preferred Drug List, as well as the availability of generic anti-psychotic medications, which could allow for the inclusion of these drugs in the future. "
47. The provisions of paragraph C., Item 298, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted.
48. The provisions of paragraph A.1., Item 330, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"A.1. Effective July 1, 2010, the Department of Social Services shall base approved licensed assisted living facility rates for individual facilities on an occupancy rate of 85 percent of licensed capacity, not to exceed a maximum rate of $1,012 per month, which rate is also applied to approved adult foster care homes, unless modified as indicated below. The Department may add a 15 percent differential to the maximum amount for licensed assisted living facilities and adult foster care homes in Planning District Eight."
49. The provisions of paragraph D., Item 330, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"D. Out of this appropriation, $110,508 the first year and $804,102 the second year from the general fund and $693,750 the first year from the federal Temporary Assistance for Needy Families (TANF) block grant shall be provided as a grant to local domestic violence programs for purchase of crisis and core services for victims of domestic violence, including 24-hour hotlines, emergency shelter, emergency transportation, and other crisis services as a first priority."
50. The provisions of paragraph C., Item 333, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"C. Out of this appropriation, $3,557,306 the first year from the Temporary Assistance for Needy Families (TANF) block grant and $3,168,399 the second year from the general fund shall be provided to Healthy Families Virginia. These funds shall be used at the discretion of local sites for obtaining matching Title IV-E nongeneral funds when available. The Department of Social Services shall continue to allocate funds from this item to the statewide office of Prevent Child Abuse Virginia for providing the coordination, technical support, quality assurance, training and evaluation of the Healthy Families Virginia program."
51. The provisions of paragraph D., Item 333, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted.
52. The provisions of paragraphs H.1 and H.2, Item 351, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted.
53. The provisions of paragraph D., Item 352, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted.
54. The provisions of the language included in Item 369, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted.
55. The provisions of the language in Item 371, House Bill 30, as introduced in the 2010 General Assembly, are deleted and replaced as follows:
"A. Included in this appropriation is $75,600 the first year from the general fund for a position to provide assistance and training for Commonwealth's attorneys to combat gang crime.
B. Beginning July 1, 2011, one-half of the costs of the prosecutorial training services provided by the Commonwealth's Attorneys' Services Council shall be paid out of the amounts provided to Commonwealth's attorneys' offices by the Compensation Board. The amount each Commonwealth's attorney's office shall provide for the services provided by the Commonwealth's Attorneys' Services Council shall be based upon the number of Compensation Board funded positions provided to each office."
56. The provisions of paragraph H., Item 384, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted.
57. The provisions of paragraph A., Item 386, House Bill 30, as introduced in the 2010 General Assembly, are deleted and replaced as follows:
"A. The funds appropriated in this item shall be distributed to localities with qualifying police departments, as defined in §§ 9.1-165 through 9.1-172, Code of Virginia (House Bill 599, 1979 Session of the General Assembly). Notwithstanding the provisions of §§ 9.1-165 through 9.1-172, Code of Virginia, the total amount to be distributed to localities shall be $149,734,178 the first year and $149,734,178 the second year. The amount to be distributed to each locality in each year shall be proportionate to the amount distributed in fiscal year 2010."
58. The provisions of paragraph A., Item 396, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"A. Notwithstanding the provisions § 58.1-3403, Code of Virginia, the Department of Forensic Science shall be exempt from the payment of service charges levied in lieu of taxes by any county, city, or town."
59. The provisions of paragraph F.1., Item 399, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"F.1. The appropriation for Financial Assistance for Community Based Alternative Treatment Services includes $10,915,139 the first year and $10,915,139 the second year from the general fund for the implementation of the financial assistance provisions of the Juvenile Community Crime Control Act (VJCCA) §§ 16.1-309.2 through 16.1-309.10, Code of Virginia."
60. The provisions of paragraphs I.1, I.2, and I.3., Item 418, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted.
61. The provisions of paragraph B.1., Item 456, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"B.1. Out of the amounts for Designated Highway Corridor Construction, there is hereby appropriated $40,000,000 the first year and $40,000,000 the second year from the nongeneral fund established pursuant to § 3.2-3104, Code of Virginia, which shall be paid to the U.S. Route 58 Corridor Development Fund, hereinafter referred to as the "Fund," established pursuant to § 58.1-815, Code of Virginia. This payment shall be in lieu of the deposit of state recordation taxes to the Fund, as specified in the cited Code section. Said recordation taxes which would otherwise be deposited to the Fund shall be retained by the general fund. Additional appropriations required for the U.S. Route 58 Corridor Development Fund, an amount estimated at $12,000,000 the first year and $12,000,000 the second year, a total of $24,000,000 for the biennium, shall be transferred from the highway share of the Transportation Trust Fund."
62. The provisions of Item 466, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted.
63. The provisions of paragraph F., in Item 469, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"F.1. Out of the appropriation for this item, amounts estimated at $11,373,638 the first year and $11,817,009 the second year from the general fund shall be transferred to state agencies and institutions of higher education to support the general fund portion of costs associated with changes in the employer's share of premiums paid for the Commonwealth's health benefit plans.
2. Notwithstanding any contrary provision of law, the health benefit plans for state employees resulting from the additional funding in this item shall allow for a portion of employee medical premiums to be charged to employees.
3. The Department of Human Resources Management shall explore options within the health insurance plan for state employees to promote value-based health choices aimed at creating greater employee satisfaction with lower overall health care costs. It is the General Assembly’s intent that any savings associated with this employee health care initiative be retained and used towards funding state employee salary or fringe benefit cost increases.
4. Notwithstanding any other provision of law, effective July 1, 2009, coverage for lap band and gastric bypass surgery under the state employee health insurance program shall be conditional on the successful participation in a progressive weight management program to be developed by the Department of Human Resource Management. The progressive weight management program shall include a bariatric education program the duration of which shall be no longer than six months.
5. Furthermore, the Department is prohibited from implementing policy changes which would eliminate coverage of pharmaceutical products covered as of January 1, 2010, or which would modify policies related to the purchase of pharmacy products from retail pharmacies or through mail order."
64. The provisions of paragraph D., Item C-84, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted.
65. The provisions of Item 3-5.11, House Bill 30, as introduced in the 2010 Session of the General Assembly, are deleted and replaced as follows:
"Notwithstanding the provisions of § 58.1-301, Code of Virginia, any reference in Chapter 3, Title 58.1, Code of Virginia, to the laws of the United States relating to federal income taxes shall mean the provisions of the Internal Revenue Code, and amendments thereto, and other provisions of the laws of the United States relating to federal income taxes, as they existed on December 31, 2008, and the exceptions described in subdivisions B.1 and B.2 of § 58.1-301, Code of Virginia, and the exceptions for the deferral of certain income under § 108 (i) of the Internal Revenue Code, the original issue discount on applicable high yield discount obligations under § 163 (e)(5)(F); and for taxable years beginning on and after January 1, 2010, the amount of the deduction allowed for domestic production activities pursuant to § 199 of the Internal Revenue Code.
Notwithstanding any other provision of law, for taxable years beginning on and after January 1, 2009, and before January 1, 2010, any reference to the Internal Revenue Code shall include provisions enacted after December 31, 2009, and on or before January 22, 2010."