GOVERNOR'S RECOMMENDATIONS
I approve the general purpose of this bill, but I am returning it with a request for the adoption of 40 amendments. Although the enrolled bill achieves many of the major objectives I have proposed, I am returning it with amendments to address concerns that I have either noted previously or that have been brought to my attention since your passage of the budget.
A strong economy and changes in federal tax policy presented us with a unique opportunity this year. I am grateful to each member of the House of Delegates and the Senate of Virginia for your dedicated work and your timely passage of the budget. I am pleased that the budget you returned to me reflects many of the initiatives I proposed in the introduced budget.
When I introduced the budget in December, my priorities were threefold: invest in the long-term success of the Commonwealth, provide targeted tax relief to Virginians, and continue to build our cash reserves. I am pleased that the General Assembly has subscribed to these guiding principles.
On the investment side, it is heartening to see that you supported my proposal to provide our teachers with a five percent salary increase and that we are able to identify additional funding for school counselors and our most at-risk students. I appreciate that we agreed to provide additional funding for financial aid for students at our higher education institutions. We also agreed to make a significant investment in expanding broadband access and prioritizing affordable housing and housing stability.
However, I believe we can and should do more in a few key areas. First, I am again proposing $1.5 million to ensure that each person in Virginia is counted in the upcoming census. An accurate census count is critical to guaranteeing the Commonwealth receives all of the federal funding we are due. Second, I am proposing an additional $4 million for the Virginia Housing Trust Fund, a critical tool in addressing affordable housing in the Commonwealth. Third, I am proposing funding to enhance the efforts of our Department of Small Business and Supplier Diversity to ensure that small, woman-owned, and minority-owned businesses receive needed support and the chance to successfully compete for procurement opportunities in the Commonwealth.
Finally, I am proposing $315 million in bond authorization to replace Central State Hospital - this is a need that has been long overlooked and that we are long overdue in addressing.
While we were able to agree on an approach to provide tax relief to Virginians, I believe there is more we can do. I am proposing an amendment that will provide an additional $17.7 million in tax relief from the Taxpayer Relief Fund to approximately 150,000 hard-working Virginians. This will be done by allowing taxpayers to receive a refund, even if they have received tax credits.
The significant infusion into our cash reserves demonstrates sound fiscal management, and will help ensure that the Commonwealth has the resources to address potential impacts of a slowing or even negative economy that we could face in the future.
I am proposing several language-only amendments that undo restrictions the General Assembly has placed on the use of state funding. Two amendments reverse the unnecessary restriction of state funds for critical healthcare currently provided to Virginia women. Two amendments remove language that would restrict the Commonwealth’s ability to join and use proceeds from the Regional Greenhouse Gas Initiative, an important way for us to address the negative effects of climate change.
Finally, I have proposed a language amendment that eliminates the unfair practice of revoking a person’s driver’s license for failure to pay court fines and fees. This action will help over 600,000 Virginians.
Of the 40 amendments that I am proposing, 12 change spending, 27 are language-only changes, and one increases the available resources. The additional spending is covered in part by using a portion of the unappropriated balance presented to me, a savings in one amendment, and from the normal release of liabilities from prior natural disasters.
The net result of the changes in spending and resources I am recommending would decrease the unappropriated balance from $7.6 million to $5.2 million.
| Revenues | | | |
| Revenues | | | Language |
Language:
Page 1, line 41, strike "($726,895,961)" and insert "($723,275,506)".
Page 1, line 41, strike "($390,697,009)" and insert "($387,076,554)".
Page 1, line 49, strike "$21,670,807,826" and insert "$21,674,428,281".
Page 1, line 49, strike "$44,199,508,159" and insert "$44,203,128,614".
Page 2, line 19, strike "$63,260,972,376" and insert "$63,264,592,831".
Page 2, line 19, strike "$124,488,216,474" and insert "$124,491,836,929".
Explanation:
(This amendment reduces obligations for natural disaster declarations that have been closed or otherwise need no additional funding. The result increases general fund resources by $3.6 million.)
| Legislative Department | | | |
| House of Delegates | | | Language |
Language:
Page 14, line 23, strike "December 1, 2019" and insert "June 30, 2020".
Explanation:
(This amendment extends the work of the Joint Subcommittee Studying Mental Health Services in the Commonwealth in the 21st Century to the end of the biennium.)
| Legislative Department | | | |
| Joint Legislative Audit and Review Commission | | | Language |
Language:
Page 29, after line 38, insert:
"L. The Joint Legislative Audit and Review Commission staff shall have access to all information and operations of the Board of Corrections and to observe closed or executive sessions of the Board of Corrections and any of its committees. This authority shall not be limited by §2.2-3712 or any other provision of law."
Explanation:
(This amendment adds language clarifying the Joint Legislative Audit and Review Commission's staff access to Board of Corrections information, operations, and meetings.)
| Executive Offices | FY 18-19 | FY 19-20 | |
| Secretary of the Commonwealth | $1,500,000 | $0 | GF |
Language:
Page 51, line 5, strike the first "$2,251,576" and insert "$3,751,576".
Page 51, line 6, strike the first "$1,461,447" and insert "$2,961,447".
Page 51, line 11, strike the first "$2,158,598" and insert "$3,658,598".
Page 51, after line 18, insert:
"C. Included in the general fund appropriation for this Item is $1,500,000 the first year in support of education, outreach and preparation for community participation in the 2020 Census."
Explanation:
(This amendment provides funding to support education, outreach and preparation for community participation in the 2020 Census. Funds will cover the development and distribution of resource materials to local governments and nonprofit organizations, public education efforts, and other Census outreach initiatives.)
| Commerce and Trade | FY 18-19 | FY 19-20 | |
| Economic Development Incentive Payments | $0 | ($1,700,000) | GF |
Language:
Page 106, line 12, strike "$95,523,498" and insert "$93,823,498".
Page 106, line 17, strike "$89,612,498" and insert "$87,912,498".
Page 109, strike lines 17 through 47.
Explanation:
(This amendment removes the appropriation and associated language establishing a grant program for the Commonwealth Center for Advanced Manufacturing. A companion amendment establishes the funding under Item 122, the Virginia Economic Development Partnership.)
| Commerce and Trade | FY 18-19 | FY 19-20 | |
| Department of Housing and Community Development | $4,000,000 | $0 | GF |
Language:
Page 110, line 18, strike "$67,902,939" and insert "$71,902,939".
Page 110, line 25, strike "$20,880,355"" and insert "$24,880,355".
Page 111, line 14, strike "$7,000,000" and insert "$11,000,000".
Explanation:
(This amendment increases funding in the first year for the Virginia Housing Trust Fund.)
| Commerce and Trade | FY 18-19 | FY 19-20 | |
| Department of Small Business and Supplier Diversity | $0 | $500,000 | GF |
Language:
Page 121, line 11, strike "$6,763,570" and insert "$7,263,570".
Page 121, line 17, strike "$4,189,269" and insert $4,689,269".
Explanation:
(This amendment provides $500,000 the second year from the general fund to the Department of Small Business and Supplier Diversity to hire a firm to conduct a disparity study as it relates to procurement in the Commonwealth.)
| Commerce and Trade | FY 18-19 | FY 19-20 | |
| Department of Small Business and Supplier Diversity | $77,824 | $266,825 | GF |
| | 1.00 | 3.00 | FTE |
Language:
Page 121, line 11, strike "$7,338,570" and insert "$7,416,394".
Page 121, line 11, strike "$6,763,570" and insert "$7,030,395".
Page 121, line 17, strike "$4,439,269" and insert "$4,517,093".
Page 121, line 17, strike "$4,189,269" and insert "$4,456,094".
Explanation:
(This amendment provides additional funding to create a unit and new positions that would work with procurement officials and businesses in the Commonwealth to strategically source small, woman-owned, and minority-owned (SWaM) participation on large dollar Commonwealth contracts.)
| Commerce and Trade | FY 18-19 | FY 19-20 | |
| Department of Small Business and Supplier Diversity | $0 | $65,000 | GF |
Language:
Page 121, line 11, strike "$6,763,570" and insert "$6,828,570".
Page 121, line 17, strike "$4,189,269" and insert "$4,254,269".
Explanation:
(This amendment provides funding to the Department of Small Business and Supplier Diversity to create programming specific to woman and minority-owned businesses.)
| Commerce and Trade | FY 18-19 | FY 19-20 | |
| Virginia Economic Development Partnership | $0 | $1,700,000 | GF |
Language:
Page 124, line 3, strike "$36,107,392" and insert "$37,807,392".
Page 124, line 7, strike "$36,107,392" and insert "$37,807,392".
Page 125, line 38, after "maintenance." strike "The Board of Directors of".
Page 125, line 43, strike "the Board of Directors of".
Page 126, line 4, strike "Item 103.K. of this act" and insert "paragraphs P.3. and P.4. of this Item".
Page 126, line 5, strike "the Board of Directors of".
Page 126, after line 6, insert:
"3. Out of the amounts in this Item, VEDP shall provide $1,100,000 in the second year from the general fund to CCAM for the purpose of providing private sector incentive grants to industry members of the CCAM as follows: (i) incentive grants for new industry members with no prior membership at CCAM; (ii) incentive grants to small manufacturing members who locate their primary job center in the Commonwealth, as determined by VEDP, in order to mitigate inaugural, industry membership costs associated with joining CCAM; and (iii) grants dedicated to CCAM industry members to be used exclusively for research project costs and require a minimum one-to-one match in funds to conduct additional directed research at the CCAM facility after their base amount of directed research is programmed.
4. Out of the amounts in this Item, VEDP shall provide $600,000 in the second year from the general fund to CCAM for university research grants requiring a minimum one-to-one match in funds that bring in external research funds from federal and private organizations for research to be conducted at the CCAM facility. All project approvals are contingent upon each university partner entering into a memorandum of understanding (MOU) with CCAM that includes specific details about the university's anticipated commitment of financial and human resources, as well as programming and academic credentialing plans, to the CCAM facility.
5. No grant funds shall be disbursed until the conditions of paragraph P.2 of this Item have been met and approval from VEDP has been granted.
6. CCAM shall submit a report on October 1, 2019, to the Secretary of Finance and Chairmen of the House Committee on Appropriations and Senate Finance Committee containing a status update of all new incentive programs, including but not limited to the following: (i) MOUs it has entered into with each university partner; (ii) funds disbursed to both university and private sector partners of CCAM, as well as any other recipients; (iii) any other agreements CCAM has entered into with representatives of the public and private sectors that may impact current and future incentive fund disbursements; and (iv) any additional information requested by VEDP, the Secretary of Finance, or the Chairmen of the House Committee on Appropriations and Senate Finance Committee."
Explanation:
(This amendment transfers funding from Item 103. K. provided to establish a grant program under the Commonwealth Center for Advanced Manufacturing (CCAM) to VEDP. The amendment also removes approval by the Board of Directors of VEDP of the operating plan and of the grant awards. Lastly, the amendment requires CCAM to submit a report on October 1, 2019, to the Secretary of Finance and Chairmen of the House Committee on Appropriations and Senate Finance Committee containing a status update of all new incentive programs.)
| Education | | | |
| Direct Aid to Public Education | | | Language |
Language:
Page 161, line 14, strike "Notwithstanding the provisions of subsection H of § 22.1-253.13:2 of the Code of"
Page 161, strike line 15.
Page 161, line 16, before "school board" insert "Each".
Explanation:
(This amendment strikes the notwithstanding language associated with the new school counselor to students ratios. The 2019 General Assembly passed legislation consistent with the school counselor ratios listed in the budget, negating the need for notwithstanding language in the budget.)
| Education | | | |
| Direct Aid to Public Education | | | Language |
Language:
Page 190, line 27, insert "separate" after "a".
Page 190, line 32, strike "an additional" and insert "a separate".
Page 190, line 35, strike "an".
Page 190, line 36, strike "additional" and insert "a separate".
Page 190, line 43, strike "additional" and insert "separate".
Page 190, line 45, insert a "." after "2019" and strike ", that is in addition to the 3.0 percent salary".
Page 190, line 46, strike "increase pursuant to paragraph C.39.a.1) and 2). of this item" and insert "For any school division that meets the qualifications for the 3.0 percent Compensation Supplement pursuant to paragraph C.39.a.1) and 2), the separate 2.0 percent salary increase required in the second year by September 1, 2019, must be in addition to the salary increases that made them eligible for the 3.0 percent Compensation Supplement effective July 1, 2019."
Page 190, line 47, strike "an additional" and insert "a separate".
Page 190, line 49, after "personnel." insert "School divisions that provide a salary increase in the second year by September 1, 2019, that is less than 2.0 percent shall have the state share of the 2.0 percent Compensation Supplement payment reduced to the same percentage of the actual local salary increase provided."
Page 190, line 52, strike "additional" and insert "separate".
Page 190, line 53, after "year." insert "For any school division that is not able to provide a 3.0 percent salary increase over the biennium, such school division would be eligible to receive the state share of funding for up to a 2.0 percent salary increase in the second year for local salary increases provided in the second year by September 1, 2019."
Page 190, after line 53, insert: "c. In the second year, school divisions are eligible to receive the state’s share of funding for up to a total of 5.0 percent salary increase for SOQ-funded instructional and support positions. First, school divisions are eligible to receive the state’s share of funding for a 3.0 percent Compensation Supplement, effective July 1, 2019, to school divisions which certify to the Department of Education, by June 1, 2019, that salary increases of a minimum average of 3.0 percent have been or will have been provided during the 2018-2020 biennium, either in the first year or in the second year or through a combination of the two years, to instructional and support personnel. Second, school divisions are eligible to receive the state’s share of funding for up to a separate 2.0 percent Compensation Supplement, effective September 1, 2019, to school divisions which certify to the Department of Education, by June 1, 2019, that salary increases of up to 2.0 percent will be provided in the second year by September 1, 2019, to instructional and support personnel. The 2.0 percent Compensation Supplement may be in addition to or in lieu of the 3.0 percent Compensation Supplement.".
Page 190, line 54, strike "c." and insert "d.".
Explanation:
(This amendment clarifies that school divisions unable to meet the eligibility requirements to receive state funding for the three percent salary increase approved for instructional and support salaries by the 2018 General Assembly are eligible for the additional two percent in state salary funding authorized by the 2019 General Assembly. All school divisions are eligible to receive some or all of the additional two percent in state funding for salary increases if they provide a salary increase between July 1, 2019, and September 1, 2019. School divisions that qualified for the three percent funding must provide up to an additional two percent in salary increases to be eligible for some or all of the two percent funding.)
| Finance | | | |
| Department of Accounts Transfer Payments | | | Language |
Language:
Page 285, line 8, strike "such revenue", and insert:
"any revenues in excess of those included in this act and appropriated in this item, estimated at $107.5 million,"
Explanation:
(This amendment clarifies language requiring that revenue generated by subdivision B.5. of § 58.1-301, Code of Virginia be deposited to the Revenue Reserve Fund. $107.5 million in revenue generated by subdivision B.5. of § 58.1-301 is already included in the general fund revenue on the front page of the enrolled budget bill, and is appropriated in this item. Consequently, only revenue in excess of this amount is available for an additional Revenue Reserve Fund deposit above and beyond that which is already appropriated.)
| Health & Human Resources | | | |
| Secretary of Health and Human Resources | | | Language |
Language:
Page 306, after line 57, insert:
“F. The Secretary of Health and Human Resources, in collaboration with the Secretary of Administration, Secretary of Finance, and State Corporation Commission (SCC), shall convene a workgroup to evaluate options to prohibit the practice of balance billing by out-of-network health care providers for emergency services rendered, and to establish equitable and fair reimbursement for these health care providers. The workgroup shall include: 1) staff from the House Appropriations and Senate Finance Committees and representatives from such state agencies as the Commission and Secretaries deem appropriate, and 2) relevant stakeholders, including but not limited to, the Medical Society of Virginia, Virginia College of Emergency Physicians, Virginia Hospital and Healthcare Association, Virginia Association of Health Plans, Virginia Poverty Law Center, and National Patient Advocate Foundation. The workgroup shall include in its report the fiscal impact of each option considered and the impact on provider networks. The workgroup also shall include in its report recommendations for future legislation for consideration by the General Assembly. The SCC shall provide analytical and actuarial services pursuant to the workgroup's analysis and development of a proposal, as needed. The workgroup shall protect any proprietary and confidential data of any health plan, healthcare provider, or third party administrator in its final report. The workgroup shall report its recommendations to the Governor and the Chairmen of the House Appropriations and Senate Finance Committees by November 15, 2019.”.
Explanation:
(This amendment directs the Secretary of Health and Human Resources, in collaboration with the Secretary of Administration, Secretary of Finance, and the State Corporation Commission to convene a workgroup to evaluate options to establish equitable and fair reimbursement to out-of-network healthcare providers for emergency services rendered, which could be used for potential future legislation prohibiting the practice of balance billing by out-of-network emergency services healthcare providers, with a report on the workgroup's proposal due to the Governor and Chairmen of the House Appropriations and Senate Finance Committees no later than November 15, 2019.)
| Health & Human Resources | | | |
| Department of Health | | | Language |
Language:
Page 320, after line 42, insert:
“F.1. Out of this appropriation, $3,000,000 the first year and $3,000,000 the second year from the Temporary Assistance for Needy Families (TANF) block grant shall be provided for the purpose of developing a two-year pilot program to expand access to hormonal long acting reversible contraceptives (LARC) that delay or prevent ovulation. The Virginia Department of Health shall establish and manage memorandums of understanding with qualified health care providers who will provide access to LARCs to patients whose income is below 250% of the federal poverty level, the Title X family planning program income eligibility requirement. Providers shall be reimbursed for the insertion and removal of LARCs at Medicaid rates. As part of the pilot program, the department, in cooperation with the Department of Medical Assistance Services and stakeholders, shall develop a plan to improve awareness and utilization of the Plan First program and include outreach efforts to refer women who have a diagnosis of substance use disorder and who seek family planning services to the Plan First program or participating providers in the pilot program.
2. The Virginia Department of Health shall develop metrics to measure the effectiveness of the pilot project such as impacts on morbidity, reduction in abortions and unplanned pregnancies, and impacts on maternal health such as an increase in the length of time between births, among others. In addition, the department shall collect data on the number of women served who also sought treatment for substance use disorders. The department shall submit a progress report to the Governor, Chairmen of the House Appropriations and Senate Finance Committees, Secretary of Health and Human Resources, and the Director, Department of Planning and Budget, that describes the program, metrics used to measure results, preliminary results, actual program expenditures, and projected expenditures by July 1, 2019, with a final report on June 30, 2020.”
Page 321, strike lines 9 through 25
Explanation:
(This amendment restores language for the TANF LARC pilot program back to the introduced bill to expand access to hormonal long acting reversible contraceptives (LARC).)
| Health & Human Resources | | | |
| Department of Behavioral Health and Developmental Services | | | Language |
Language:
Page 376, line 8, after “system.”, insert:
“The department shall report its findings to the Governor and the Chairmen of the House Appropriations and Senate Finance Committees by October 15, 2019.”
Page 376, after line 19, insert:
"4. Also as part of the plan in paragraph CC.2., DBHDS, in consultation with the Department of General Services, shall address the feasibility of relocating forensic beds to state-owned property other than the current Central State Hospital location authorized in C-48.10. The analysis shall at a minimum address the issue of cost and timeline for construction.".
Explanation:
(This language amendment clarifies that separate reports will be issued on the impact of Temporary Detention Order (TDO) admissions on state hospitals and a plan to “right size” the state hospital system to be issued by October 15, 2019, and November 1, 2019, respectively. In addition, language is added that requires the Commissioner of DBHDS to review the feasibility of relocating forensic beds away from Central State Hospital (CSH). This analysis shall include a review of the cost, timeline, and workforce impact of relocating CSH’s forensic beds to a different location. A separate amendment to Item C-48.10 authorizes construction of a replacement facility at CSH.)
| Natural Resources | | | |
| Department of Environmental Quality | | | Language |
Language:
Page 427, strike lines 47 through 57
Explanation:
(This amendment removes language directing the Department of Environmental Quality ( DEQ) and the Virginia Department of Health (VDH) to establish and lead a stakeholder workgroup to identify avenues for limiting sodium concentration in pre-treatment wastewater before delivery to the Upper Occoquan Service Authority's (UOSA) treatment plant. Permitting authority in this matter belongs to UOSA, rather than to DEQ or VDH. UOSA expects to complete a study for the development of such guidelines in March 2019. This language would require DEQ and VDH to spend substantial resources to perform a duplicative effort.)
| Public Safety and Homeland Security | | | |
| Secretary of Public Safety and Homeland Security | | | Language |
Language:
Page 439, line 31, after "." insert:
"Any balances not needed to complete these studies may be used to conduct a comparable study in the Northern Virginia region."
Explanation:
(This amendment authorizes the use of unobligated general fund balances provided for flood control studies in the Hampton Roads and the Northern Neck regions for a comparable study in the Northern Virginia region.)
| Transportation | | | |
| Secretary of Transportation | | | Language |
Language:
Page 481, after line 54, insert:
"L. The Secretary of Transportation (Secretary) shall evaluate potential opportunities to mitigate the financial burden on the commuting public at the (i) Downtown Tunnel and (ii) Midtown Tunnel. The Secretary shall report to the Governor, the House and Senate Committees on Transportation, the House Committee on Appropriations, and the Senate Committee on Finance on its findings no later than June 30, 2020."
Explanation:
(This amendment directs the Secretary of Transportation to evaluate options to mitigate the financial burden on the commuting public from the public-private partnership on the Elizabeth River Crossings by June 30, 2020.)
| Transportation | | | |
| Secretary of Transportation | | | Language |
Language:
Page 481, after line 54, insert:
"L. Notwithstanding § 33.2-502, Code of Virginia, the high-occupancy requirement for a HOT lane facility that is constructed as a result of the Public-Private Transportation Act (§ 33.2-1800 et. seq.) with an initial construction cost in excess of $3 billion and whose operation, maintenance, or financing is not a result of the same comprehensive agreement that resulted in the facility’s construction shall be not less than two."
Explanation:
(This amendment provides flexibility regarding the high-occupancy vehicle (HOV) requirements for toll-free travel on HOT lanes constructed through the Public-Private Transportation Act that meet certain requirements, including that the comprehensive agreement that resulted in the construction of the HOT lanes does not include provisions for private operations, maintenance or financing.)
| Central Appropriations | | | |
| Central Appropriations | | | Language |
Language:
Page 525, after line 26, insert:
"3. The Governor may utilize existing funds within agencies to provide an additional 2.25 percent merit based salary adjustment for agency heads, cabinet members, or other officials listed in subparagraphs b. and c.6. of § 4-6.01 with three or more years of continuous state service."
Explanation:
(This amendment provides the Governor authority to award a merit based salary increase to agency heads and cabinet officials within existing funding in agencies.)
| Central Appropriations | FY 18-19 | FY 19-20 | |
| Central Appropriations | $0 | ($400,000) | GF |
Language:
Page 526, line 17, strike "$58,463,713" and insert $58,063,713".
Page 526, line 23, strike "$55,813,713" and insert $55,413,713".
Page 526, line 25, strike "$58,463,713" and insert $58,063,713".
Page 528, line 3, strike "$47,897,476" and insert $47,497,476".
Explanation:
(This amendment removes excess funding in Central Appropriations for high risk contract review. These amounts were appropriated to support the general fund share of a possible new internal service fund within the Virginia Information Technologies Agency (VITA) for the review of high risk contracts. However, this activity is more appropriately supported through other funding mechanisms within VITA making the general fund appropriation unnecessary for this purpose.)
| Independent Agencies | | | |
| State Corporation Commission | | | Language |
Language:
Page 535, strike lines 30 through 49.
Explanation:
(This amendment removes language requiring the State Corporation Commission to convene a workgroup to evaluate options to establish equitable and fair reimbursement to out-of-network healthcare providers for emergency services rendered. A separate amendment is proposed to Item 281 within the Secretary of Health and Human Resources to assess the impact of options to prohibit balance billing.)
| Education | FY 18-19 | FY 19-20 | |
| Frontier Culture Museum of Virginia | $0 | ($1,300,000) | NGF |
Language:
Page 558, line 8, strike "$4,000,000" and insert "$2,700,000".
Page 558, line 9, strike "$4,000,000" and insert "$2,700,000".
Page 558, line 13, strike "$4,000,000" and insert "$2,700,000".
Explanation:
(This amendment adjusts the planning fund amount to be transferred for detailed planning of the Frontier Culture Museum's Crossing Gallery capital project to the amount recommended by the Department of General Services.)
| Education | FY 18-19 | FY 19-20 | |
| Virginia Museum of Fine Arts | $0 | $6,300,000 | NGF |
Language:
Page 559, after line 5, insert:
C-22.10. Planning: Expand and Renovate Museum (18430) $0 $6,300,000
Fund Sources: Dedicated Special Revenue $0 $6,300,000
"Any dedicated special revenue committed by the Virginia Museum of Fine Arts to this project will be considered part of its share of the total project costs if this project is approved for full construction."
Explanation:
(This amendment provides a nongeneral fund capital appropriation at the Virginia Museum of Fine Arts for detailed planning associated with a future museum expansion and renovation project.)
| Natural Resources | | | |
| Department of Conservation and Recreation | | | Language |
Language:
Page 560, line 4, after "Road," insert "High Bridge Trail,".
Explanation:
(This amendment adds High Bridge Trail State Park to the list of state parks that the Department of Conservation and Recreation is authorized to develop and expand by acquisition of in-holdings or contiguous properties.)
| Central Appropriations | FY 18-19 | FY 19-20 | |
| Central Capital Outlay | $500,000 | $0 | NGF |
Language:
Page 569, line 17, strike “$0” and insert “$500,000”.
Page 569, line 18, strike “$0” and insert “$500,000”.
Page 569, line 22, strike “$7,785,000” and insert “$8,285,000”.
Page 569, line 25, strike “project” and insert “projects”.
Page 569, after line 26, insert:
“Department of State Police (156) Construct Area 12 Office Building (18250)”.
Explanation:
(This amendment provides supplemental funding for the Department of State Police’s project to construct an Area 12 (Warrenton) office building due to bids coming in higher than anticipated.)
| Central Appropriations | FY 18-19 | FY 19-20 | |
| Central Capital Outlay | $0 | $315,000,000 | NGF |
Language:
Page 573, line 48, strike “$438,562,000” and insert “$753,562,000”.
Page 573, line 52, strike “$407,216,000” and insert “$722,216,000”.
Page 574, line 7, strike “$407,216,000” and insert “$722,216,000”.
Page 574, line 46, strike “$362,216,000” and insert “$677,216,000”.
Page 574, after line 54, insert:
"194 Department of General Services Replace Central State Hospital”.
Page 576, after line 18, insert:
“I. 1. Funding provided in paragraph C of this Item for the Department of General Services’ project to Replace Central State Hospital is to replace the Department of Behavioral Health and Developmental Services’ Central State Hospital at its current location in Petersburg, Virginia. Funding is included to complete the design, construction, and provision of furniture, fixtures, and equipment for a facility that includes 111 maximum security beds, 141 civil beds, and the associated program and support facilities identified in the Central State Hospital pre-planning study delivered to the General Assembly in December 2018 pursuant to Item C-43.50 of this act.
2. The Department of Behavioral Health and Developmental Services may consider potential future phasing options for the new Central State Hospital beyond the scope authorized in subparagraph I.1 of this Item for the Central State Hospital replacement in its plan that is proposed pursuant to Item 310 CC. of this act.”.
Explanation:
(This amendment adds a project to replace Central State Hospital with a 252-bed facility to the 2019 Capital Construction Pool.)
| Transfers | | | |
| Interfund Transfers | | | Language |
Language:
Page 584, line 40, after "F." insert "1.".
Page 584, line 40, strike "$10,178,028" and insert "$12,965,823".
Page 586, line 35, strike “$940,473” and insert “$3,728,268”.
Page 587, line 4, strike "$10,178,028" and insert "$12,965,823".
Page 587, after line 4 insert:
"2. Following the transfers authorized in paragraph F.1. of this section in the second year, the State Comptroller shall transfer $2,787,795 back to the Department of Motor Vehicles to replace the anticipated loss of driving privilege reinstatement fee revenue."
Explanation:
(This amendment accounts for an anticipated loss of $2.8 million in revenue to the Department of Motor Vehicles (DMV) due to the removal of driver's license reinstatement fees in a companion amendment in Section 3-6.03. The introduced budget accounted for this loss of revenue by reducing the amount of DMV revenues transferred to the general fund through indirect cost recoveries in FY2020. This adjustment, though, failed to fully free up $2.8 million of DMV revenues, as language in Item 439 K. allows DMV to distribute a portion of its indirect cost recoveries charges to other state agencies when the charges arise from revenue collection activities for those agencies. Therefore, the benefit to DMV would have been only $750,998, with six other agencies receiving a portion of the remaining $2 million. The adjustments proposed in this amendment ensure that DMV will have $2.8 million in additional revenues to offset any loss of driver's license reinstatement fee revenue. This amendment is technical in that it does not impact the bottom line of the budget since the impact was already anticipated in the introduced and enrolled budgets.)
| Adjustments and Modifications to Tax Collections | | | |
| Taxpayer Relief Fund | | | Language |
Language:
Page 602, after line 31, insert:
"C. For the purposes of determining the amounts required to be deposited to the Revenue Reserve Fund pursuant to § 2.2-1831.3, Code of Virginia, and the amounts required to be deposited to the Water Quality Improvement Fund pursuant to § 10.1-2128, Code of Virginia, general fund revenue collections shall not include any amounts transferred to the Taxpayer Relief Fund established pursuant to the fifth enactment of Chapters 17 and 18, 2019 Acts of Assembly."
Explanation:
(This amendment clarifies that revenue amounts transferred to the Taxpayer Relief Fund shall not be included in the calculations involved in determining required deposits to the Water Quality Improvement Fund and the Revenue Reserve Fund.)
| Adjustments and Modifications to Tax Collections | | | |
| Taxpayer Relief Fund | | | Language |
Language:
Page 602, line 21, after “(2017)”, insert:
"pursuant to § 58.1-301 of the Code of Virginia, determined without taking into account the exception set forth in subdivision B.5"
Page 602, line 24, after “tax policy changes”, insert:
"made to §§ 58.1-322.03 and 58.1-402 of the Code of Virginia as"
Explanation:
(This amendment clarifies the calculation of revenues to be transferred to the Taxpayer Relief Fund, so that such calculation excludes revenues generated as the result of deconforming from the federal suspension of the Pease limitation (§ 58.1-301 B.5, Code of Virginia), which are already assumed in the revenues included in the enrolled budget bill and are appropriated for other purposes.)
| Adjustments and Modifications to Tax Collections | | | |
| Refunds | | | Language |
Language:
Page 602, after line 41 insert:
"§ 3-5.23 REFUNDS
Notwithstanding any contrary provisions of law, an individual or married persons filing a joint return shall only be allowed the refund authorized pursuant to the fourth enactment of Chapters 17 and 18, 2019 Acts of Assembly up to the amount of the tax liability of such individual or married persons filing a joint return, after the application of the subtractions and deductions such individuals or married persons are entitled to pursuant to Chapter 3 (§ 58.1-300 et seq.) of Title 58.1 of the Code of Virginia. Any tax credits an individual or married persons filing a joint return are entitled to pursuant to Chapter 3 (§ 58.1-300 et seq.) of Title 58.1 of the Code of Virginia shall not be accounted for in determining whether such individual or married persons are allowed such refund."
Explanation:
(This amendment removes tax credits from the calculation of refunds paid from the Taxpayer Relief Fund.)
| Adjustments and Modifications to Fees | | | |
| Drivers License Reinstatement Fee | | | Language |
Language:
Page 603, line 5, after "$100" insert:
"the first year and $0 the second year. In the second year, notwithstanding the provisions of § 46.2-395 of the Code of Virginia, no court shall suspend any person's privilege to drive a motor vehicle solely for failure to pay any fines, court costs, forfeitures, restitution, or penalties assessed against such person. The Commissioner of the Department of Motor Vehicles shall reinstate a person's privilege to drive a motor vehicle that was suspended prior to July 1, 2019, solely pursuant to § 46.2-395 of the Code of Virginia and shall waive all fees relating to reinstating such person's driving privileges. Nothing herein shall require the Commissioner to reinstate a person's driving privileges if such privileges have been otherwise lawfully suspended or revoked or if such person is otherwise ineligible for a driver's license."
Explanation:
(This amendment eliminates the driver's license reinstatement fee transfer to the Trauma Fund and eliminates the loss of driving privileges to individuals who have only failed to pay fines, court costs, forfeitures, restitution or penalties assessed against them. The Department of Motor Vehicles also shall not charge a driver's license reinstatement fee to these individuals. This initiative will help individuals that require a vehicle to gain a job, allowing them to earn money to repay any obligations they owe. This amendment has no impact to the general fund since the impact of its passage was assumed in the introduced and enrolled budgets.)
| Revenues | | | |
| General Fund Revenue | | | Language |
Language:
Page 615, strike lines 9 through 15.
Explanation:
(This amendment removes language prohibiting use of proceeds from climate change compact initiatives without General Assembly approval.)
| Special Conditions and Restrictions on Expenditures | | | |
| Goods and Services | | | Language |
Language:
Page 632, line 27, after “federal law”, unstrike “or state statute”.
Explanation:
(This amendment restores language back to current law to authorize expenditures from the general fund for abortion services, related to medical assistance to preserve the life of the pregnant woman, provided that every possible measure is taken to preserve the life of the unborn child.)
| Special Conditions and Restrictions on Expenditures | | | |
| Goods and Services | | | Language |
Language:
Page 632, strike lines 28 through 29.
Explanation:
(This amendment removes language prohibiting any state agency or authority from purchasing or implementing body-worn cameras or body-worn camera systems.)
| Special Conditions and Restrictions on Expenditures | | | |
| Surplus Property Transfers For Economic Development | | | |
Language:
Page 635, strike lines 6 through 19.
Page 635, after line 19, insert:
"e. Prior to July 1, 2019, and not withstanding any provision of law to the contrary, the Commonwealth of Virginia shall begin the process to convey, as is and pursuant to § 2.2-1150, approximately 150 acres of land located within County of York, Virginia, known as Tax Parcel 12-00-00-003 (the Property) to the Eastern Virginia Regional Industrial Facility Authority (hereinafter referred to Authority) for an amount not to exceed $1,000,000. Location of the 150 acres within the Property shall be agreed to between the Commonwealth of Virginia and the Authority prior to execution of the property transfer, the Commonwealth of Virginia shall provide to the Authority copies of the two most recent state appraisals for the 150 acres parcel agreed to by the parties, and in no case shall the transaction price exceed the average of the two most recent state appraisals. The Authority shall reimburse the Commonwealth of Virginia, at property closing, for the appraisals and other Commonwealth of Virginia costs to prepare and execute the conveyance documents. The conveyance of the Property should occur no later than December 31, 2019.
1. The Authority is authorized to convey the property rights of the 150 acres, conveyed by the Commonwealth in paragraph e., to the operator of a 20 megawatt solar facility for the amount the Authority acquired the property and any closing costs associated with its acquisition from the Commonwealth of Virginia.
2. Any remaining Property as agreed to by the Commonwealth of Virginia and the Authority shall be made available for purchase by the Authority for an amount not to exceed $350,000, and the Commonwealth is authorized to sell such property to the Authority pursuant to § 2.2-1150 . A deed restriction in the Commonwealth of Virginia and Authority property sale described in this section, e.2, shall limit the sale of such property by the Authority to unmanned systems companies or companies related to the unmanned system industries locating to the Hampton Roads Unmanned Systems Park for amounts as determined by the Authority. The Authority shall reimburse the Commonwealth of Virginia, at property closing, for any appraisals and other Commonwealth of Virginia costs to prepare and execute the conveyance documents related to this transaction."
Explanation:
(This amendment clarifies language included in the enrolled budget regarding the sale of property in York County.)
| Special Conditions and Restrictions on Expenditures | | | |
| Limitations on Use of State Funding | | | Language |
Language:
Page 635, strike lines 20 through 26.
Explanation:
(This amendment removes language prohibiting membership in Regional Greenhouse Gas Initiatives (RGGI) without General Assembly approval.)
| Effective Date | | | |
| Effective Date | | | Language |
Language:
Page 663, strike line 51.
Page 664, strike lines 1 through 51.
Page 665, strike lines 1 through 57.
Page 666, strike lines 1 through 52.
Page 667, strike lines 1 through 14.
Page 667, line 15, strike "7." and insert "6.".
Page 678, line 17, strike "8." and insert "7.".
Page 678, line 19, strike "9." and insert "8.".
Page 678, line 23, strike "10." and insert "9.".
Page 678, line 25, strike "11." and insert "10.".
Page 678, line 28, strike "12." and insert "11.".
Page 678, line 32, strike "13." and insert "12.".
Page 678, line 36, strike "14." and insert "13.".
Page 678, line 38, strike "15." and insert "14.".
Page 678, line 39, strike "16." and insert "15.".
Page 678, line 40, strike "17." and insert "16.".
Page 678, line 41, after "fourteenth," insert "and".
Page 678, line 42, strike "and sixteenth".
Explanation:
(This amendment removes the sixth enactment of HB 1700 enrolled which earmarks $40 million in future general fund revenue.)
| Effective Date | | | |
| Effective Date | | | Language |
Language:
Page 678, line 31, after "this act." insert:
"Notwithstanding the sixth enactment clause of House Bill 1722, 2019 Acts of Assembly, and the sixth enactment clause of Senate Bill 1083, 2019 Acts of Assembly, the Department of Taxation is not permitted to temporarily suspend or delay the collection or reporting requirements, or both, of a marketplace facilitator."
Explanation:
(This amendment removes the ability of a marketplace facilitator to make a written appeal to the Department of Taxation for a suspension or delay of the collection or reporting requirements created by remote seller and marketplace facilitator legislation.)