I have signed House Bill 5002, the appropriation bill for the
2006-08 biennium, including four item vetoes.
I have exercised the authority given to the Governor under the
Constitution of Virginia to veto specific provisions in the reenrolled
appropriation bill. My four vetoes are technical, but they are substantive in
that they maintain the practice of at least the past 20 years with respect to
the Governor’s ability to take budget actions while the General Assembly is not
in session. In addition, my vetoes preserve the separation of powers between
the legislative and executive branches. The rationale for each veto is set out
below.
House Bill 5002 adds a number of limitations to the Governor’s
authority to reduce appropriations administratively, in the event of an
unanticipated revenue shortfall. Several are unnecessarily restrictive.
Central among these is the requirement that any proposals for budget reductions
required due to a revenue shortfall be released to the General Assembly within
five calendar days, whether the proposals are approved or not. Language
specifies that this requirement applies equally whether reduction plans are
submitted to the Governor, a Cabinet secretary, or a member of the Governor’s
staff - either electronically or in writing.
Requiring the release of a list of reduction options prepared
for the Governor’s consideration would have the practical effect of eliminating
or severely constraining candid, confidential communication between a governor
and his appointees - at a time when such confidential communication is needed
most. Such a change also raises constitutional issues regarding separation of
powers and executive privilege.
I fully recognize the legislature’s legitimate right to full
disclosure of information related to approved plans for agency reductions.
Indeed, the last time it was necessary to reduce agency appropriations through
executive action, the Executive Department was forthcoming in providing the
full text of all approved budget reduction plans.
My amendment would have resolved this issue but it was not
adopted. Accordingly, I am vetoing § 4-1.02. Reporting requirements that were
in § 4-1.02 of the Appropriations Act prior to 2004 and that have served past
governors and legislatures well will continue to be followed.
House Bill 5002 included language allowing the State
Comptroller to authorize the disbursement of up to $3.0 million against
appropriations of a subsequent fiscal year, when an emergency arises or when
July 1 falls on a weekend, provided that the Auditor of Public Accounts
provides written concurrence. In practice, this action is very rarely
necessary. Nevertheless, the language is not consistent with past practice,
and it also raises an important constitutional issue regarding separation of
powers.
By requiring the Auditor of Public Accounts to concur in the
action of the State Comptroller, the language in question allows a legislative
official to unilaterally prevent an executive official from taking action which
he is otherwise charged by law to do. To cure that constitutional defect, the
amendment I submitted would have required the State Comptroller to notify the
Auditor of Public Accounts when any instance arose that required such
payments. That amendment was not adopted. I, therefore, have vetoed § 4-1.06
b.
House Bill 5002 includes new language that attempts to
prohibit a Governor from withdrawing a Cabinet nomination during a General
Assembly session and then reappointing the same person after adjournment of
that legislative session. This provision is vague in that reappointment is not
defined. The term could mean the reappointment of the same person to the same
Cabinet position, reappointment of the same person to a different Cabinet
position, or reappointment of the same person to a position that does not
require confirmation. As to the first two possible interpretations, the new
provision is unnecessary because it addresses a situation that has never
occurred. The third possible interpretation would be unconstitutional as a
violation of the separation of powers.
The present Constitutional provisions governing the
appointment and confirmation process for Cabinet level positions are explicit.
Ultimately, any nominee is subject to confirmation by the General Assembly if
that person is to serve in the Cabinet. As such, this new provision is
unnecessary.
My amendment to revise this language was not adopted. I have
vetoed § 4-6.01 b., which constitutes a matter of general law, not a condition
or restriction on an appropriation item, and to the extent it could be
interpreted to prohibit a reappointment to a position not requiring
confirmation, would constitute a violation of the separation of powers. The
positions listed in this item will continue to be paid consistent with the
amounts specified in House Bill 5002 as re-enrolled.
House Bill 5002 included in § 4-8.02 b. language requiring
that agencies submit to the General Assembly copies of any budget reduction
proposals provided to the Governor, the Governor’s Cabinet Secretaries,
Chief-of-Staff, or the Department of Planning and Budget. This language unduly
hampers confidential communication between a governor and his appointees, and
raises serious constitutional issues involving separation of powers. My
amendment would have resolved this issue but it was not adopted. I, therefore,
have vetoed § 4-8.02 b. Executive agencies and the Department of Planning and
Budget will continue to provide to the General Assembly materials that have
traditionally been provided.
GOVERNOR'S RECOMMENDATION
I approve the general purpose of this bill, but I am returning
it without my approval with the request that 36 amendments be adopted.
House Bill 5002 is an appropriation act that contains the
state budget for the 2006-2008 biennium. Its passage, without doubt, is the
most significant accomplishment of the 2006 General Assembly. I applaud the
members of both houses for their hard work in adopting a very positive budget
for the Commonwealth’s core general fund services.
House Bill 5002 achieves many if the important objectives that
the General Assembly and I shared at the start of the regular legislative
session in January. It provides significant new funding for public education (a
general fund increase in excess of $1.5 billion over the base budget),
including a 4.0 percent salary increase for teachers effective December 1,
2006, greater funding for the at-risk four-year-old preschool program, a
strengthening of the teacher retirement system, and the restoration of Literary
Fund monies to reduce the First Priority Waiting List for public school
construction loans. House Bill 5002 also includes additional state support for
higher education to address enrollment growth faculty staffing and compensation
issues, plus it encourages and assists high priority research and development
efforts in the university setting. Legislation passed during the regular
session to require greater accountability measures for teacher performance will
further improve our educational outcomes.
House Bill 5002 adds funds to protect our beautiful
Commonwealth and its environment, including the largest infusion of funds yet
($200 million) to help meet our commitments to clean up the Chesapeake Bay. It
also adds another $17 million to meet water quality challenges in the Southern
Rivers watershed and $3.8 million to address the problem of combined sewer
overflows in the City of Richmond. The budget also includes an additional $3
million from the general fund for Virginia’s soil and water conservation
districts to work with farmers and landowners on agricultural best practices.
These notable initiatives are further enhanced by legislation that you passed
in the regular session to better coordinate land use and transportation
planning by providing local governments with objective information about
traffic impacts prior to zoning and other land use approvals, empowering
localities to transfer development rights, and strengthening local revenue
sharing programs in transportation.
In the health and human services area, this budget contains
funding to address increased costs and caseload growth in the provision of
health care services to Virginia’s children the poor and our medically-needy
citizens. It also establishes the transformation and modernization of the
state’s mental health, mental retardation and substance abuse service delivery
system as a person-centered, community-based statewide initiative.
Further, House Bill 5002 provides funding to preserve and
improve our public safety efforts and protect our citizens from sexually
violent predators. It also provides protection in the event of an economic
downturn by increasing our emergency reserves in the Revenue Stabilization Fund
to the projected maximum amount allowed by Virginia’s Constitution. Last, but
not least, House Bill 5002 authorizes a substantial investment of state funds
to initiate a wide range of capital projects on a pay-as-you-go basis.
As I examined House Bill 5002, I could not help but reflect on
the unprecedented length of time it took the House and Senate to reach a
conference agreement on a budget bill for the 2006-2008 biennium. It will
tarnish Virginia’s stellar reputation for financial management if a prolonged
budget debate becomes the norm. During my visits to the bond rating firms in
New York with the Chairmen of the House Appropriations Committee and Senate
Finance Committee earlier this month, each firm asked if the budget impasse
this year was an aberration or a new trend in Virginia politics. We assured
each firm that it was the former. Accordingly, we should all work hard to
ensure that this year’s budget impasse will not be repeated in the future.
I am optimistic that with the budget behind us, we will now
turn our attention to the Commonwealth’s need for a long-term, reliable source
of funding for transportation. Our quality of life, economic development and
emergency preparedness depend upon strong leadership for transportation
solutions. I look forward to working with both you and the Senate to address
our transportation needs.
The delay in enacting a budget allows us to have current
information on unspent balances for fiscal year end and almost “real time”
projections of lottery proceeds. This information suggests, and I am offering
amendments to reflect, these higher balances. The additional funds come
primarily from the reversion of unspent operating appropriations as a result of
school enrollment, debt service and certain costs in the Department of Medical
Assistance Services being less than expected. Lottery profits, which will
exceed the official forecast for FY 2006, also added to our available
resources.
I am returning amendments to you which, if enacted, will leave
a total balance of approximately $13 million to provide a greater reserve for
unforeseen circumstances (such as a natural disaster) and also to allow us to
make needed adjustments to second year expense items. This unallocated amount
represents a tiny fraction of the general fund budget, and it is prudent to
hold it unspent for the time being.
My amendments seek to advance two signature themes of the
budget you have presented me—over eighty percent of the spending proposed by my
amendments is to preserve our natural resources or enhance our educational
system. The largest single dollar amounts of my amendments are concentrated in
a few areas: the distribution of Lottery proceeds for public schools, the
Lynchburg Combined Sewer Overflow System, additional state forest land, and
higher education research and capital outlay. A few other amendments address
what I believe are unintended consequences or issues that should not wait until
the next session to be addressed. In addition, I am proposing several technical
adjustments to the enrolled budget bill to clarify issues or make needed
language corrections. An explanation of my proposed amendments is attached to
this letter.
I believe the adoption of all of my amendments will enhance
the strong budget enacted by the General Assembly and make it even better. I
respectfully request your adoption of these amendments so that they may be
incorporated into the final Appropriation Act for the 2006-2008 biennium before
this Friday, the end of this fiscal year.
Explanation of Governor Kaine’s Proposed Budget Amendments
Item 0 Additional General Fund Revenue Available for
Appropriation
This amendment increases the general fund revenues and the
total projected revenues available for appropriation by $29.2 million to
account for the reversion of certain unspent operating appropriations on June 30,
2006 and the collection of additional Lottery proceeds in fiscal year 2006.
The individual sources of this additional revenue are shown below:
Unspent Balances 6/30/06 Amount
Additional FY2006 Lottery Proceeds $16,500,000
Treasury Board – Debt Service
8,389,000
Public Education (enrollment)
3,258,913
Dept. of Medical Assistance Services
1,050,000
Total $29,197,913
Item 30 Reimbursements for use of personal vehicles
This amendment provides additional funds to cover increased
mileage costs of court personnel. The General Assembly authorized an increase
in the rate used to reimburse state personnel for the use of their personal
vehicles in the course of performing their official duties. The court system is
comprised of numerous courts and a large number of personnel. In addition, many
circuits consist of several courts located within a large geographical area,
requiring judges and staff to incur significant mileage while traveling between
courts. The additional funds recommended will minimize the fiscal impact on
other court programs.
Item 30 Indigent defense caps
Given the concern about adequate compensation levels for
court-appointed attorneys providing criminal indigent defense, this language
amendment makes note that the Administration will continue to dialogue and
share information with the Supreme Court, Indigent Defense Commission, Attorney
General and Chairmen of the House and Senate Courts of Justice Committees in
analyzing the appropriate funding levels for these individuals.
Item 54.20 Supplement funding for the Office of
Commonwealth Preparedness
The 2006 General Assembly passed legislation proposed by the
Attorney General that codified the Office of Commonwealth Preparedness and
mandated particular responsibilities. The funding and staffing levels proposed
in the enrolled budget will not allow the Office to carry out these additional responsibilities.
Accordingly, this amendment adds six positions at a cost of $621,472 in fiscal
year 2007 and $590,343 in fiscal year 2008, to better ensure the safety and
well-being of our citizens.
Item 87 Virginia Horse Center Foundation language amendment
This amendment extends the deadline from July 14, 2006 to
August 15, 2006 for the Secretary of Agriculture and Forestry to submit a plan
to the Governor for implementation of the requirements of any loan received by
the Virginia Horse Center Foundation from the United States Department of
Agriculture. The amendment also extends the deadline from July 21, 2006 to
September 1, 2006 for the Governor to complete his review of the plan. Additionally,
the amendment adds a requirement that the plan shall include a provision for
protecting open spaces owned by the Foundations through a land conservation
program. Finally, in the event that the plan is not approved by the Governor
or is not implemented, the amendment adds a requirement that the reduced
appropriation of $1,300,000 shall be provided to the Virginia Equine Center
Foundation and shall be used solely for debt service on bonds or notes existing
as of July 1, 2006.
Item 104 Funding amendment for Alleghany Highlands regional
economic development effort
This amendment provides funding for grants to assist a
regional economic development effort involving the Counties of Alleghany, Bath,
and Highland, the City of Covington, and the Towns of Clifton Forge and Iron
Gate.
Item 119 Funding amendment for the Hampton Roads
Partnership
This amendment provides funding to the Hampton Roads
Partnership to support the Commonwealth’s modeling and simulation industry through
oversight and coordination of local efforts.
Item 135 Additional Lottery profits for Basic Aid and local
school divisions
Lottery profits for FY 2006 will be greater than the estimate
included in the Appropriation Act. This will result in a general fund balance
of $16.5 million at the end of FY 2006 dedicated to public education. A
proportion of the balance will be transferred to Basic Aid in FY 2007 to offset
the state share of public education and the remaining amount will be
distributed to school divisions based on a per pupil basis. This amendment
makes the necessary funding changes to effect this action.
Item 203 Funding for the Grace E. Harris Institute
Funding was provided in the 2005 Session to support the Grace
E. Harris Leadership Institute at Virginia Commonwealth University’s Center for
Public Policy. The enrolled bill eliminates funding for this activity. This
amendment restores funding to the Grace E. Harris Institute which will serve as
a training ground for individuals that would like to pursue a leadership role
in an institution of higher education or in state government.
Item 244 Language amendment related to the New College
Institute
The enrolled bill specifically allocated funding among three
institutions of higher education to deliver programs related to the New College
Institute. This amendment removes the language governing the allocation to the
various collaborative institutions as actual amounts needed may vary, as
contracts are negotiated. In addition, the amendment clarifies that the
specific programs listed are desired, even though they may not be practical or
possible to implement in the near-term.
Item 250 Additional funding for I-81 research-related
entity
The enrolled budget included $3.0 million to support
Virginia’s efforts to establish research-related entities along the I-81
corridor. To help ensure the success of this venture, this amendment provides
an additional $2.0 million, raising the total funding available to $5.0
million. The initial investment made in this initiative has the potential of
yielding substantial dividends to the Commonwealth in many forms, including an
enhanced reputation, increased state and local revenues, and potential future
investment by other research-related entities and support industries.
Item 263 Language amendment related to school efficiency
review costs
This amendment would provide changes for school division
reimbursements to the state for school efficiency reviews. Currently, school
divisions reimburse the state 25 percent of contracted consultant cost. The
revised definition of cost will include the direct cost incurred by the state
for that fiscal year to coordinate the school efficiency review in addition to
the 25 percent of contracted consultant cost. The proposed definition excludes
indirect costs such as purchasing, heating, etc. not directly related to a
school efficiency review.
Item 263 Language amendment for school efficiency review
repayments
This amendment conforms the budget bill to the Code of
Virginia. Chapter 596, (HB 607) of the 2006 regular session of the
General Assembly, changed the requirement of recommendations from being
“implemented” to “initiated” before the reimbursement timeframes are
triggered.
Item 334 Reappropriation authority for Fee Child Care
The amendment provides authority for FY 2006 general fund
balances to be reappropriated and used by the Department of Social Services to
fund additional fee child care services. Amounts are limited to $6.0 million
in total and require a 50 percent match by a locality. The reappropriated
amounts will address the exhaustion of federal pass through dollars which was
accelerated by federal actions announced March 2006.
Item 359 Funding amendment for Southside Rails to Trails
This amendment provides funding for acquisition of additional
rail bed to be converted for trail use. The Department of Conservation and
Recreation is working with the Roanoke River Rails to Trails to purchase the
former Norfolk, Franklin, and Danville railroad corridor in Brunswick and Mecklenburg
Counties. Approximately 58 miles have been acquired, and funding is needed for
the remaining 116 miles. The $200,000 will be used toward the next 25 mile
increment, and it should purchase about 15 miles. The Rails to Trails project
is a unique opportunity for land conservation, recreational use, and tourism.
Item 362 Funding amendment for the Chesapeake Bay
Foundation
This amendment provides additional funding for the Chesapeake
Bay Foundation to support Chesapeake Bay education field studies.
Item 362 Additional funding for fish mortality
investigation
This amendment provides additional funding to investigate the
potential factors resulting in fish lesions and mortality in the Shenandoah
River. Funds will be used for water quality monitoring as well as evaluations
of fish health.
Item 364 Funding amendment for Lynchburg's combined sewer
overflow project
This amendment provides funding for the City of Lynchburg's
combined sewer overflow project. The enrolled budget includes funding for the
City of Richmond's combined sewer overflow project but nothing for the City of
Lynchburg.
Item 384 Exempt Virginia Beach jail from construction
moratorium
This language amendment provides an exemption for the City of
Virginia Beach from the moratorium on new jail construction or expansion for
the purpose of constructing a jail annex to be used by the City to house
low-risk prisoners. The jail annex will increase the number of beds available
for the City to house low-risk prisoners, freeing up crowded jail space to hold
higher-risk prisoners.
Item 414 Additional positions for the motor vehicle safety
inspection program
The 2006 General Assembly increased the maximum fee allowed
for vehicle safety inspections, excluding motorcycles, by one dollar. This fee
is collected by the vehicle safety inspection station. Of this dollar, $0.50
is transferred to the Department of State Police to support the department's
costs in administering the motor vehicle safety inspection program. This
amendment provides appropriation authority and two additional positions for the
department to administer this legislation. The cost for these two positions,
which can be supported with the new revenues, is $99,650 in fiscal year 2007
and $90,850 in fiscal year 2008.
Item 481 Funding amendment for the Art Museum of Western
Virginia
This amendment provides $250,000 toward the expansion of the
Art Museum of Western Virginia. The new 75,000 square foot facility, scheduled
to open to the public in the fall of 2007, will house a significantly larger
exhibition and education spaces, including an expanded Art Venture, as well as
a flexible programming/theater space, a multi-purpose auditorium, a research
library, a book and gift shop, a studio classroom, a “works on paper” study
room, and a café with indoor and outdoor seating.
Item C-16 Funding amendment for Brumley Mountain Tract
acquisition
This amendment provides $2.4 million from the general fund and
$1.2 million in nongeneral fund appropriation in the introduced budget. The
fund source for the nongeneral fund appropriation is a grant from the Virginia
Land Conservation Foundation. The tract consists of approximately 4,800 acres
of land in Washington County.
Item C-52 Authority for George Mason University to
construct faculty and staff housing
As Northern Virginia’s housing costs continue to soar, it has
become increasingly difficult for George Mason University to recruit and retain
experienced, talented, and dedicated faculty and staff. This amendment
provides substitute language authorizing the University to use the existing
Public-Private Educational Facilities and Infrastructure Act of 2002 or enter
into a comprehensive agreement with a private entity to develop a community
designed to offer affordable market-quality housing for faculty and staff. The
community would consist of a combination of 400 to 425 rental and for sale
apartments, town homes, duplexes and single family homes to satisfy the demand
of incoming faculty and staff. George Mason believes this initiative will help
with the recruitment and retention of qualified staff.
Item C-91 Planning funds for the renovation of Lyman
Beecher Brooks Library
This amendment provides $1.4 million in funding to begin the
architectural and engineering phase of this project. The library renovation is
critical to the University’s reaccredidation in 2008, and the state needs to
show that it is making an effort toward rectifying the poor condition of this
facility. The project will renovate approximately 93,000 square feet of
library space in order to provide upgraded reference, reading, student
research, and computer spaces. These renovations will extend the useful life
of the University's library and reduce student dependence on area university
and city libraries.
Item C-198.50 New Academic Facilities, Virginia Western Community
College and Manassas Campus, Northern Virginia Community College
This amendment provides funding for detailed architectural and
engineering planning and design in support of the demolition and construction
(replacement) of Anderson Hall at Virginia Western Community College and to
plan the Phase III academic building on the Manassas Campus of Northern
Virginia Community College. Anderson Hall was constructed in the late 1960’s
and is the largest instructional building on Western's college campus. It is
home to the science, math, and health technology programs. The new Anderson
Hall facility is proposed to house state-of-the-art laboratories for nursing,
radiography, and dental hygiene, replacing the present antiquated facility and
ensuring up-to-date instruction of the school's students. The Phase III
academic building at the Manassas Campus will include computer labs,
classrooms, and faculty offices and will be named in honor of the late Delegate
Harry Parrish. This facility will provide space for the liberal arts programs,
including visual and performing arts, helping to address the growing enrollment
faced by this college.
Items C-232.20 and C-232.30 Authority for Virginia State
University to enter into agreements supporting a new dining hall and dormitory
complex
During the 2006 Session, Virginia State University sought
budget language giving it authority to enter into agreements with its real
estate foundation for the development and financing of both a new dining hall
and a dormitory complex, to be known as the Campus Gateway Housing Complex. In
addition, the University sought authority to contract with vendors to provide
support to the two new capital projects. While these proposed language
amendments were supported by the two houses during crossover, they were
inadvertently omitted from the Conference Committee Report. This amendment
corrects that oversight.
Item C-319.10 Additional resources to enhance the Jamestown
2007 commemoration
This action would provide additional funding to establish the
Virginia Indian Heritage Program, as a complement to Virginia’s Jamestown 2007
commemoration. As Virginia prepares to celebrate Virginia’s 400th anniversary,
such a program would prove an invaluable resource in helping to educate
Virginians, as well as tourists who may travel to the Commonwealth for the
commemoration, about the numerous contributions that Virginia’s native
Americans have made over the past 400 years.
§ 4-1.02 Language on withholding of spending authority
This amendment clarifies that the withholding of spending
authority (unallotments) to capture savings that occur during the normal course
of state government operations is not subject to the additional restrictions
and reporting requirements that are specified in the General Provisions of the
Appropriation Act which apply to actions to withhold spending authority during
times of a revenue shortfall. The amendment also eliminates unnecessary
reporting requirements for a quarterly assessment of the current economic
outlook and the requirements that agency budget reduction plans be released to
the public prior to the Governor approving them. Since the budget reduction
plans approved by the Governor are submitted to the General Assembly, there is
no reason for the General Assembly to have access to those that are not
recommended by the Governor. Such action would be confusing to the public and
it would interfere with Executive Privilege and the Governor’s ability to lead
the Executive Department.
§ 4-1.06 Language in limited adjustments of appropriations
The enrolled bill includes language allowing the State
Comptroller to authorize the disbursement of up to $3.0 million against
appropriations of a subsequent fiscal year, when an emergency arises or when
July 1 falls on a weekend, provided that the Auditor of Public Accounts
provides written concurrence. In practice, this action is very rarely
necessary. Nevertheless, this language is not consistent with past practice,
and it also raises an important constitutional issue regarding separation of
powers. By requiring the Auditor of Public Accounts to concur in the action of
the State Comptroller, the language in question allows a legislative official
to unilaterally prevent an executive official from taking action which he is
otherwise statutorily charged to do. To cure that constitutional defect, this amendment
requires the State Comptroller to notify the Auditor of Public Accounts when
any instance arises that requires such payments in lieu of getting written
concurrence.
§ 4-3.02 Treasury Loans
This amendment makes a technical correction to delete the
reference to capital projects in the section title since some of this section
applies to anticipation loans for operating expenses. The restrictions on
anticipation loans for projects not included in the budget are not found in
another section (§4-3.02 c) and no amendments are proposed to that section.
§ 4-5.04 Language amendments to clarify mileage
reimbursement rate
This amendment makes several technical adjustments to ensure
that state employees are reimbursed at the most recent IRS allowable
reimbursement rate for the use of a personal vehicle on state business. The
enrolled bill did not change all of the references in this section from 32.5
cents to the IRS rate.
§ 4-6.01 Language amendment to strike restrictions on
Governor appointments of Cabinet Secretaries and the Secretary of the
Commonwealth
This amendment deletes language that attempts to prohibit a Governor
from withdrawing a Cabinet nomination but then reappointing the same person
after the adjournment of the session. This language is unnecessary because this
situation has never happened anytime in the past, and there are already
sufficient explicit Constitutional provisions governing the appointment and
confirmation process. Ultimately, the nominee is subject to confirmation by
the General Assembly.
§ 4-6.01 Language amendment to increase the salary of the
Executive Director of the Virginia Office for Protection and Advocacy
This is a technical amendment to bring the enrolled budget in
line with HB 5012, the 2006 Amendments to the 2005 Appropriation Act. HB 5012
increased the salary of the Executive Director of the Virginia Office for
Protection and Advocacy from $104,454 to $111,500, effective February 1, 2005,
pursuant to action taken by the Board for the Virginia Office for Protection
and Advocacy on January 25, 2005. The enrolled budget reverts the salary back
to $104,454. This amendment sets the July 1, 2006, salary at $111,500, the
same amount that was in HB 5012.
§ 4-6.03 Language amendment to clarify the Superintendent
of Public Instruction benefits
This amendment provides that the new Superintendent of Public
Instruction drawing a retirement benefit from the Virginia Retirement System
shall not have his retirement allowance suspended while serving in the position
and shall not earn any additional retirement benefits from any plan
administered by the Virginia Retirement System.
§ 4-8.02 Language amendment to clarify when state agency
budget reduction plans are released
This amendment eliminates a requirement for state agency
budget reduction plans to be publicly released prior to them being approved by
the Governor. Once they are approved by the Governor, such budget reduction plans
are released as a matter of current policy. The release of unapproved plans
could be confusing to the public if subsequent changes to the initial plans are
made by the Governor.
Amendment # 1
Item 0
Revenues
Revenues Language
Language:
Page 1, line 21, strike the first "$1,376,820,555"
and insert "$1,406,018,468".
Page 1, line 21, strike the second "$1,376,820,555"
and insert "$1,406,018,468".
Page 1, line 27, strike "$17,762,624,622" and insert
"$17,791,822,535".
Page 1, line 27, strike "$34,783,577,755" and insert
"$34,812,775,668".
Page 1, line 35, strike "$39,276,052,271" and insert
"$39,305,250,184".
Page 1, line 35, strike "$74,891,131,217" and insert
"$74,920,329,130".
Explanation:
(This amendment increases the general fund revenues and the
total projected revenues available for appropriation by $29,197,913 in the
first year of the biennium to account for the anticipated reversion of certain unspent
operating appropriations on June 30, 2006, as the result of actual enrollment,
caseload and financial demands differing from budgeted assumptions for certain
public school aid programs, debt service payments, and activities in the
Department of Medical Assistance Services. It also accounts for the transfer of
additional Lottery profits above the official forecast at the end of FY 2006.)
Amendment # 2
Item 30
Judicial Department FY 06-07 FY
07-08
Supreme Court of Virginia $200,000 $200,000
GF
Language:
Page 20, line 8, strike "$21,926,499" and insert
"$22,126,499".
Page 20, line 8, strike "$23,714,538" and insert
"$23,914,538".
Explanation:
(This amendment provides for the increase in cost associated
with the mileage reimbursement rate increase from $0.325 to $0.445 a mile. The
court system, due to its large staff and numerous courts, incurs significant mileage
reimbursement expenses as judges and court personnel travel between courts.
This additional funding will minimize the need for the courts to cover this
increased cost from other programs.)
Amendment # 3
Item 30
Judicial Department
Supreme Court of Virginia Language
Language:
Page 21, after line 8, insert:
"H. Given the concern about adequate compensation levels
for court-appointed attorneys providing criminal indigent defense in the
Commonwealth, the Governor shall continue to dialogue and share information
with the Supreme Court, Indigent Defense Commission, Attorney General, and
Chairmen of the House and Senate Courts of Justice Committees to consider the
appropriate funding levels for court-appointed attorneys."
Explanation:
(This amendment provides for a continued dialogue and sharing
of information between the branches of government over the issue of appropriate
compensation for court-appointed criminal indigent defense attorneys. Through
this dialogue, it is hoped that agreement can be reached on how best to address
this issue.)
Amendment # 4
Item 54.20
Executive Offices FY
07-08
Office of Commonwealth Preparedness $621,472 $590,343
GF
6.00
6.00 FTE
Language:
Page 38, after line 57, insert:
"§ 1-21.10. Office of Commonwealth Preparedness (454)
54.20. Disaster Planning and Operations (72200)……… $621,472 $590,343
Emergency Planning (72205) $621,472 $590,343
Fund Sources: General… $621,472 $590,343
Authority: Title 2.2, Chapter 3.1, Code of Virginia.
Total for Office of Commonwealth Preparedness… $621,472 $590,343
General Fund Positions… 6.00 6.00
Position Level…… 6.00 6.00
Fund Sources: General… $621,472 $590,343"
Explanation:
(This amendment provides additional funding to support the
expanded activities of the Office of Commonwealth Preparedness. During the 2006
General Assembly session, legislation introduced by the Attorney General was
passed (Chapter 860 and 901) that expanded the Office's responsibilities, but
no additional resources were provided.)
Amendment # 5
Item 87
Agriculture and Forestry
Secretary of Agriculture and Forestry Language
Language:
Page 80, strike lines 8 through 46 and insert:
"A. 1. The Virginia Equine Center Foundation is
authorized to convey its property, as may be necessary to fulfill the
requirements of any loan agreement with the United States Department of
Agriculture, consistent with the plan developed by the Secretaries of
Agriculture and Forestry and Finance and approved by the Governor as provided
for in A.2.
2. The amounts provided in the first year include $4,500,000
from the general fund for the Virginia Horse Center Foundation. On or before
August 15, 2006, the Secretary of Agriculture and Forestry, in coordination with
the Secretary of Finance, shall develop a plan to implement the requirements of
any loan received by the Virginia Horse Center Foundation from the United
States Department of Agriculture. Such plan shall include provisions assuring
the continued operation of the Virginia Horse Center as set forth by the
General Assembly in its establishment of the Virginia Horse Center in 1985 as a
"statewide center devoted to the staging of equine events and activities
that will significantly enhance this important segment of Virginia's state
character by providing a showplace for state, national and international horse
competitions as well as a marketplace for horse promotion and sales." Such
plan shall also include a provision for protecting the open spaces owned by the
Foundations through a land conservation program. In developing the plan, the
Secretaries shall solicit the input of the current members of the Virginia
Equine Center Foundation and the reconstituted Virginia Horse Center Foundation.
3. Such plan shall be submitted to the Chairmen of the House
Appropriations and Senate Finance Committees no later than August 15, 2006. The
Governor shall review the plan for approval and implementation prior to September
1, 2006. If the Governor approves the plan, implementation of the plan shall be
in a timely fashion consistent with any requirements of the United States
Department of Agriculture loan.
4. If such plan is not approved by the Governor or is not
implemented, the $4,500,000 appropriation shall be reduced to $1,300,000 from
the general fund in the first year, which shall be provided to the Virginia
Equine Center Foundation and shall be used solely for debt service on bonds or
notes existing as of July 1, 2006."
Explanation:
(This amendment extends the deadline from July 14, 2006, to
August 15, 2006, for the Secretary of Agriculture and Forestry to submit a plan
to the Governor for implementation of the requirements of any loan received by the
Virginia Horse Center Foundation from the United States Department of
Agriculture. The amendment also extends the deadline from July 21, 2006, to
September 1, 2006, for the Governor to complete his review of the plan.
Additionally, the amendment adds a requirement that the plan shall include a
provision for protecting open spaces owned by the Foundations through a land
conservation program. Finally, in the event that the plan is not approved by
the Governor or is not implemented, the amendment adds a requirement that the
reduced appropriation of $1,300,000 shall be provided to the Virginia Equine
Center Foundation and shall be used solely for debt service on bonds or notes
existing as of July 1, 2006. The dates provided for in the existing language do
not provide sufficient time to complete the necessary plans and approvals.)
Amendment # 6
Item 104
Commerce and Trade FY
07-08
Department Of Housing And Community
Development $250,000
$250,000 GF
Language:
Page 92, line 1, strike "$39,596,190" and insert
"$39,846,190".
Page 92, line 1, strike "$37,621,190" and insert
"$37,871,190".
Page 96, after line 58, insert:
"T. Out of the amounts for Community Development
Services, $250,000 the first year and $250,000 the second year from the general
fund shall be deposited to the Virginia Removal or Rehabilitation of Derelict
Structures Fund established under § 36-153, Code of Virginia. These amounts
shall be allocated for grants to assist a regional economic development effort
involving the Counties of Alleghany, Bath, and Highland, the City of Covington,
and the Towns of Clifton Forge and Iron Gate."
Explanation:
(This amendment provides funding for grants to assist a
regional economic development effort involving the Counties of Alleghany, Bath,
and Highland, the City of Covington, and the Towns of Clifton Forge and Iron Gate.)
Amendment # 7
Item 119
Commerce and Trade FY
07-08
Virginia Economic Development Partnership $100,000 $100,000
GF
Language:
Page 101, line 26, strike "$18,562,701" and insert
"$18,662,701".
Page 101, line 26, strike "$16,962,701" and insert
"$17,062,701".
Page 104, after line 19, insert:
"S. Out of the amounts for Economic Development Services,
$100,000 the first year and $100,000 the second year from the general fund
shall be provided to the Hampton Roads Partnership to support the
Commonwealth’s modeling and simulation industry."
Explanation:
(This amendment provides funding to the Hampton Roads
Partnership to support the Commonwealth’s modeling and simulation industry
through oversight and coordination of local efforts.)
Amendment # 8
Item 135
Education: Elementary and Secondary FY
07-08
Direct Aid to Public Education $6,369,000
$0 GF
Language:
Page 120, line 9, strike “$5,868,218,186” and insert
“$5,874,587,186”.
Page 120, line 52, strike “$2,650,428,191” and insert
“$2,640,297,191”.
Page 121, line 7, strike “$4,881,859,565” and insert
“$4,874,555,768”.
Page 121, line 42, strike “$426,100,000” and insert
“$442,600,000”.
Page 121, line 44, strike “$453,599,995” and insert
“$470,099,995”.
Page 132, strike lines 52 through 54.
Page 133, strike lines 1 through 2.
Page 132, after line 51, insert:
"2) In addition to this appropriation, $249,641,656 the
first year and $249,641,656 the second year are transferred from Lottery Funds
appropriated in this Item pursuant to paragraph 28.b.1) to Basic Aid Payments
to provide for the state share of the Basic Operations Cost as defined in
paragraphs a. and b.1) above.
3) In addition, $10,131,000 the first year is transferred from
Lottery Funds to Basic Aid Payments from the fiscal year 2006 Lottery profits
that are appropriated in this Item pursuant to paragraph 28.b.2)."
Page 153, line 17, after "a.", insert
"1)".
Page 153, after line 21, insert:
"2) This appropriation includes $16,500,000 in the first
year as an additional appropriation of Lottery profits that were earned in
fiscal year 2006 as excess revenue that was not appropriated for public
education."
Page 153, line 22, after "b.", insert
"1)".
Page 153, line 23, after "shall be", insert
"transferred and".
Page 153, line 25, strike "a" and insert
"5.b.2)".
Page 153, after line 25, insert:
"2) Out of this appropriation, $10,131,000 the first year
shall be transferred from the additional appropriation in paragraph 28.a.2)
above and used to fund the state's share of Basic Aid Payments as defined in
paragraph 5.b.3) above."
Page 153, line 32, after "d.", insert
"1)".
Page 154, after line 1, insert:
"2) Out of this appropriation, an amount estimated at
$6,369,000 the first year in additional Lottery proceeds shall be disbursed by
the Department of Education to local school divisions to support the state
share of an estimated $9.45 per pupil the first year in adjusted 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. These funds
shall be matched by the local government, based on the composite index of local
ability-to-pay, and shall be subject to the same terms and conditions as other
Lottery proceeds appropriated in this Item."
Explanation:
(This amendment provides additional general fund appropriation
based on prior year general fund balances resulting from higher than
anticipated Lottery proceeds in FY06 for public education. A proportion of the balance
based on the FY07 composite index will be transferred to Basic Aid to offset
the state share of public education and the remaining amount will be
distributed to school divisions based on a per pupil amount.)
Amendment # 9
Item 203
Education: Higher Education FY
06-07 FY 07-08
Virginia Commonwealth University $100,000
$100,000 GF
Language:
Page 195, line 24, strike "$413,553,002" and insert
"$413,653,002".
Page 195, line 24, strike "$433,568,884" and insert
"$433,668,884".
Page 199, after line 16, insert:
"O. Out of this appropriation, $100,000 the first year
and $100,000 the second year from the general fund is designated for the Grace
E. Harris Leadership Institute at Virginia Commonwealth University's Center for
Public Policy to provide training for the development of aspiring
leaders."
Explanation:
(This amendment provides funds for an institute at the
University's Center for Public Policy to provide training for the development
of aspiring leaders.)
Amendment # 10
Item 244
Education: Other
New College Institute Language
Language:
Page 225, strike lines 43 through 52
Page 226, strike lines 1 through 6, and insert:
“A. Out of the general fund appropriation in this Item, the
New College Institute shall establish, in collaboration with Radford
University, Longwood University, the University of Virginia, and other
institutions, a Visiting Faculty Program that shall strive to deliver to the
region programs in nursing, teacher education, computer science, technology and
other relevant areas. The New College Institute will provide the appropriate
level of payment as negotiated with each collaborating institution."
Explanation:
(This amendment removes the specific funding amounts listed in
the budget that the New College Institute is to pay to various collaborating
institutions as actual amounts needed may be higher or lower, as negotiated. It
also provides general direction on the types of programs the Institute should
provide rather than listing the specific programs the Institute will provide.
Some of the programs required in the budget are not practical to implement at
this time.)
Amendment # 11
Item 250
Education: Other FY
06-07 FY 07-08
Higher Education Research Initiative $2,000,000
$0 GF
Language:
Page 228, line 39, strike "$5,300,000" and insert
"$7,300,000".
Page 229, line 16, strike $5,000,000" and insert
"$7,000,000".
Page 229, line 31, strike "$3,000,000" and insert
"$5,000,000".
Explanation:
(This amendment provides additional funding to attract a
research-related entity along the I-81 corridor. Attracting private research
investment to the Commonwealth will enhance our competitiveness for research dollars
among other states, and will help provide more local jobs, tax dollars, and
investment in Virginia.)
Amendment # 12
Item 263
Finance
Department of Planning and Budget Language
Language:
Page 241, line 59, strike "implemented" and insert
"initiated".
Explanation:
(This amendment conforms the budget bill to the Code of
Virginia. Chapter 596, HB 607 of the 2006 regular session of the General
Assembly, changed the requirement of recommendations from being
"implemented" to "initiated" before the reimbursement
timeframes are triggered.)
Amendment # 13
Item 263
Finance
Department of Planning and Budget Language
Language:
Page 241, line 29, strike "total".
Page 241, line 36, strike "total".
Page 241, line 44, strike "total".
Page 241, line 44, strike "a".
Page 241, strike lines 45 through 47 and insert "the
direct cost incurred by the state for that fiscal year to coordinate the school
efficiency review".
Page 241, line 52, strike "total".
Page 242, line 4, strike "total".
Explanation:
(This amendment provides changes for school division
reimbursements to the state for school efficiency reviews. Currently, school
divisions reimburse the state 25 percent of the contracted consultant cost. The
revised definition of cost will include the direct cost incurred by the state
for that fiscal year to coordinate the school efficiency review in addition to
25 percent of contracted consultant cost. The proposed definition will exclude
indirect costs such as purchasing, heating, etc., not directly related to a
school efficiency review.)
Amendment # 14
Item 334
Health & Human Resources
Department of Social Services Language
Language:
Page 329, after line 11, insert:
"T. Notwithstanding other provisions of this act, the
Director, Department of Planning and Budget, may reappropriate and allot up to
$6,000,000 from any discretionary unexpended general fund appropriations on the
last day of the previous biennium, ending on June 30, 2006, for the purpose of
non-mandated fee child care. Reappropriations may only be made to the
Department of Social Services to be expended for fee child care services and no
locality which requested Non-VIEW Child Day Care Pass-Through funding shall
receive less than $1,000 from the Department of Social Services. Distribution
shall be made to those localities which provide a separate 50 percent
match."
Explanation:
(This amendment provides authority for general fund balances
to be reappropriated and used by the Department of Social Services to fund
additional fee child care. General fund expenditures for child care services
are increasing to the extent that available fee child care federal funding is
being more fully utilized by the Department of Social Services. The overall
state support for all child care services will be re-examined to consider the
new federal requirements of states announced in March 2006 for work
participation and the need to assist low income working families throughout the
Commonwealth.)
Amendment # 15
Item 359
Natural Resources FY
07-08
Department Of Conservation And Recreation $200,000 $0
GF
Language:
Page 350, line 17, strike "$38,810,177" and insert
"$39,010,177".
Page 351, line 55, strike "$200,000" and insert
"$400,000".
Explanation:
(This amendment provides additional funding for the purchase
of right-of-way on abandoned railways. The acquisition is an opportunity for
land conservation, recreational use, and tourism attraction.)
Amendment # 16
Item 362
Natural Resources FY
07-08
Department of Environmental Quality $50,000
$50,000 GF
Language:
Page 352, line 48, strike "$42,056,871" and insert
"$42,106,871".
Page 352, line 48, strike "$42,140,412" and insert
"$42,190,412".
Page 353, line 39, strike "$50,000 the first year and
$50,000" and insert "$100,000 the first year and $100,000".
Explanation:
(This amendment provides additional funding for the Chesapeake
Bay Foundation to support Chesapeake Bay education field studies.)
Amendment # 17
Item 362
Natural Resources FY
07-08
Department of Environmental Quality $100,000
$0 GF
Language:
Page 352, line 48, strike "$42,056,871" and insert
"$42,156,871".
Page 353, line 27, strike "$170,000" and insert
"$270,000".
Explanation:
(This amendment provides additional funding to investigate the
potential factors resulting in fish lesions and mortality in the Shenandoah
River. Funds will be used for water quality monitoring as well as evaluations
of fish health.)
Amendment # 18
Item 364
Natural Resources FY
06-07 FY 07-08
Department of Environmental Quality $3,750,000
$0 GF
Language:
Page 354, line 12, strike "$285,418,413" and insert
"$289,168,413".
Page 355, line 49, strike "$3,750,000" and insert
"$7,500,000".
Page 355, line 53, after "year" insert "and the
City of Lynchburg shall receive $3,750,000 in the first year".
Explanation:
(This amendment provides funding for the City of Lynchburg's
combined sewer overflow project. The enrolled budget includes funding for only
the City of Richmond's combined sewer overflow project.)
Amendment # 19
Item 384
Public Safety
Department Of Corrections Language
Language:
Page 369, after line 54, insert "n. The City of Virginia
Beach, for the construction of a jail annex to house lowrisk prisoners."
Explanation:
(This amendment exempts the City of Virginia Beach from the
moratorium on new jail construction or expansion for the purpose of
constructing a jail annex to be used to house low-risk prisoners. By providing
this additional housing, the Virginia Beach jail will be able to reduce
crowding and provide more space for higherrisk prisoners.)
Amendment # 20
Item 414
Public Safety FY
07-08
Department of State Police $99,650
$90,850 NGF
2.00
2.00 FTE
Language:
Page 390, line 29, strike "$207,657,832" and insert
"$207,757,482".
Page 390, line 29, strike "$206,317,132" and insert
"$206,407,982".
Explanation:
(This amendment provides two nongeneral fund positions to
assist the Department of State Police in the administration of the motor
vehicle safety inspection program pursuant to passage of Chapter 620 by the
2006 General Assembly. The revenues generated by the increased fee provided
through this legislation will support the two administrative positions.)
Amendment # 21
Item 481
Nonstate Entities FY
07-08
State Grants To Nonstate Entities-Nonstate
Agencies $250,000
$0 GF
Language:
Page 459, line 4, strike "$36,714,770" and insert
"$36,964,770".
Page 460, line 27, strike "1,750,000" and insert
"2,000,000".
Page 465, line 22, strike "36,714,770" and insert
"36,964,770".
Explanation:
(This amendment provides $250,000 toward the expansion of the
Art Museum of Western Virginia. The new 75,000 square foot facility, scheduled
to open to the public in the fall of 2007, will house a significantly larger exhibition
and education spaces, including an expanded Art Venture, as well as a flexible
programming/theater space, a multi-purpose auditorium, a research library, a
book and gift shop, a studio classroom, a “works on paper” study room, and a
café with indoor and outdoor seating.)
Amendment # 22
Item C-16
Agriculture and Forestry FY
07-08
Department of Forestry $2,400,000
$0 GF
$1,200,000 $0 NGF
Language:
Page 474, line 14, strike "Omitted" and insert:
"Acquisition: Acquire Brumley Mountain Tract (17233) $3,600,000
Fund Sources : General $2,400,000
Dedicated Special Revenue $1,200,000"
Explanation:
(This amendment provides funding for approximately 4,800 acres
of land in Washington County. The funding includes a grant from the Virginia
Land Conservation Foundation. Brumley Mountain is a well-known landmark in
southwest Virginia teeming with wildlife, from black bear, deer, and turkey to
rare cerulean warblers migrating from the tropics. The tract of land is
adjacent to existing state land holdings.)
Amendment # 23
Item C-52
Education: Higher Education
George Mason University Language
Language:
Page 480, strike lines 31 through 46 and insert:
"1. In order to assist with the recruitment and retention
of faculty and staff, George Mason University (GMU) is hereby granted the
authority to construct affordable market-quality faculty and staff housing
consisting of a mixture of up to 450 rental and for-sale apartments, town
homes, duplexes, and single family homes either: (a) pursuant to the
Public-Private Educational Facilities and Infrastructure Act of 2002 (§
56-575.0 et seq., Code of Virginia), by entering into a comprehensive agreement
with a private entity for the construction of such housing, or (b) for this
housing project only, by entering into a construction agreement with a private
entity, including a private entity that was competitively selected prior to the
effective date of this act pursuant to the Code of Virginia, based on an
alternative financing scenario, approved by the Governor, and pursuant to the following
stipulations and conditions: (i) all post-General Assembly authorization
review, approval, administrative, and policy and procedure functions performed
by the Department of General Services, the Division of Engineering and
Buildings, the Department of Planning and Budget and any other agency that supports
the functions performed by these departments are hereby delegated to GMU; (ii)
the GMU Board of Visitors shall develop and implement an appropriate system of
policies, procedures, reviews and approvals for this project; (iii) the system
so adopted shall provide for the review and approval of the project in order to
ensure that the project otherwise complies with all requirements of the Code of
Virginia regarding capital projects, excluding only the functions described in
clause (i) above; (iv) GMU shall report to the Departments of Planning and
Budget and General Services on the status of the project by December 31, 2006,
and semiannually by June 30 and December 31 thereafter until its completion;
and (v) GMU shall ensure that Building Officials and Code Administrators code
and fire safety inspections of the project are conducted and that the project
is inspected by the State Fire Marshal prior to certification for building
occupancy by the GMU assistant state building official to whom such inspection
responsibility has been delegated pursuant to § 36-98.1 A. Nothing in this
section shall be deemed to relieve GMU of any reporting requirement pursuant to
§ 2.2-1513, Code of Virginia.
2. Authority is also granted to enter into, as needed, capital
leases for any components of an agreement authorized by paragraph 1 of this
Item that may qualify as capital lease agreements. GMU shall identify any components
of such an agreement that qualify as capital leases, as defined by Generally
Accepted Accounting Principles (GAAP), and report such leases to the Department
of Accounts, the Department of the Treasury and the Department of Planning and
Budget. Any such agreement is exempt from § 4-3.03 b.2. of this act. If any such
agreement contemplates the lease of property in the possession or control of
GMU, this Item shall constitute the approval required by subsection B of §
2.2-1155 of the Code of Virginia for the term of such lease to be in excess of
50 years, up to and including the useful life of the improvements to such
property, provided that the Governor also approves such a term.
3. If such faculty and staff housing is constructed on land
owned by or leased to a private university-related foundation, or owned by or
leased to a private entity, such project shall continue to be exempt from all requirements
of any county or city zoning ordinances."
Explanation:
(This amendment provides authority to George Mason University
to construct a variety of housing facilities for faculty and staff. The
University is pursuing a creative arrangement to develop a housing community
which will enable it to recruit and retain faculty and staff by offering
affordable market-quality housing.)
Amendment # 24
Item C-91
Education: Higher Education FY
07-08
Norfolk State University $1,400,000
$0 GF
Language:
Page 487, line 38, strike "Omitted" and insert
"Improvements: Renovate Lyman Beecher Brooks
Library (17313) $1,400,000
Fund Sources: General $1,400,000
Funds provided in this Item are for planning."
Explanation:
(This amendment provides funding for planning the first step
towards renovating Norfolk State's library. Norfolk State must make progress
towards upgrading the capabilities and amenities of its library to ensure reaccreditation
of the University in 2008.)
Amendment # 25
Item C-198.50
Education: Higher Education FY
06-07 FY 07-08
Virginia Community College System $1,800,000
$0 GF
Language:
Page 504, after line 18, insert:
"C-198.50. New Construction: New Academic Facilities,
Western Virginia and Manassas Campus, Northern Virginia (17465) $1,800,000
Fund Sources: General $1,800,000
Funds provided in this Item are for planning."
Explanation:
(This amendment provides funding for detailed architectural
and engineering planning and design in support of the demolition and
construction (replacement) of Anderson Hall at Virginia Western Community
College and to plan the Phase III academic building on the Manassas Campus of
Northern Virginia Community College. Anderson Hall was constructed in the late
1960’s and is the largest instructional building on Western's college campus.
It is home to the science, math, and health technology programs. The new
Anderson Hall facility is proposed to house state-of-the-art laboratories for nursing,
radiography, and dental hygiene, replacing the present antiquated facility and
ensuring up-to-date instruction of the school's students. The Phase III
academic building at the Manassas Campus will include computer labs,
classrooms, and faculty offices and will be named in honor of the late Delegate
Harry Parrish. This facility will provide space for the liberal arts programs, including
visual and performing arts, helping to address the growing enrollment faced by
this college.)
Amendment # 26
Item C-232.20
Education: Higher Education
Virginia State University Language
Language:
Page 508, after line 24, insert:
"C-232.20.
1. Virginia State University is authorized to enter into a
long-term lease or other written agreements with the Virginia State University
Real Estate Foundation (VSUREF) for the development, design, construction, and financing
of the new Campus Dining Facility. The University currently has one dining
facility, Jones Dining Hall. Due to the predicted steady increase in student
enrollment, construction of a new dining facility is required to meet the
dining needs of the students, faculty, staff, and campus visitors. To provide a
logical balance in distance from the present Jones Dining Hall, the new Campus
Dining Facility will be located in the proximity of the Student Village and the
proposed Campus Gateway Housing Complex. VSUREF will develop this dining
facility to be an integral part of and in support of the Virginia State
University dining system needs.
2. Virginia State University, with approval from the Governor,
is further authorized to enter into written agreements with a public or private
entity to support such a dining facility. The support may include agreements to
(i) manage the operation and maintenance of the facility, including collection
of dining fees and (ii) otherwise support the dining facility consistent with
law, provided that the University shall not be required to take any action that
would constitute a breach of the University's obligations under any documents
or other instruments constituting or securing bonds or other indebtedness of
the University or the Commonwealth of Virginia."
Explanation:
(This amendment authorizes Virginia State University to enter
into agreements with its real estate foundation for the development, design,
construction, and financing of a new Campus Dining Facility. It further
provides the University authority to contract with either a public or private
entity to support the facility.)
Amendment # 27
Item C-232.30
Education: Higher Education
Virginia State University Language
Language:
Page 508, after line 24, insert:
"C-232.30.
1. Virginia State University is authorized to enter into a
long-term lease or other written agreements with the Virginia State University
Real Estate Foundation (VSUREF) for the development, design, construction, and financing
of the Campus Gateway Housing Complex, which is approved as part of the
Virginia State University Housing Master Plan Phase I, with a size
modification. Current housing needs have forced Virginia State University to a)
expand upon the initial size and scope of the Campus Gateway Housing Complex
and b) reduce the construction time frame of the new residential housing
facility. The Campus Gateway Housing Complex will be constructed on the
northeast approach to campus and will provide an aesthetic enhancement to the
most widely used campus entrance. The Campus Gateway Housing Complex, with the
increase in size, will be a 500-bed housing complex that will provide
suite-style living quarters for Virginia State University students. VSUREF will
develop this housing complex to be an integral part of the Virginia State
University housing system, in support of the University's housing needs.
2. Virginia State University, with approval from the Governor,
is further authorized to enter into written agreements with a public or private
entity to support such a housing complex. The support may include agreements to
(i) manage the operation and maintenance of the facility, including collection
of rental fees and (ii) otherwise support the housing complex consistent with
law, provided that the University shall not be required to take any action that
would constitute a breach of the University's obligations under any documents or
other instruments constituting or securing bonds or other indebtedness of the
University or the Commonwealth of Virginia."
Explanation:
(This amendment authorizes Virginia State University to enter
into agreements with its real estate foundation for the development, design,
construction, and financing of a new Campus Gateway Housing Complex. It further
provides the University authority to contract with either a public or private
entity to support the facility.)
Amendment # 28
Item C-319.10
Transportation
Department of Transportation Language
Language:
Page 524, line 13, after "requirements.", insert:
"The foregoing authorization shall be contingent on the
Governor authorizing from the same source of funding up to $500,000 for the
Jamestown-Yorktown Foundation, in conjunction with the Virginia Foundation for
the Humanities, to establish the Virginia Indian Heritage Program to bring
additional focus to the Jamestown 2007 Commemoration and provide an effective
means of educating tourists and Virginians about native histories and cultures
within the Commonwealth prior to and during the past 400 years."
Explanation:
(This amendment provides resources to enhance the Jamestown
2007 Commemoration by educating its participants on Virginia's native
histories, presence, and contributions to the heritage of the Commonwealth. This
will allow a truly complete and collaborative effort in presenting Virginia's
history and culture to the world.)
Amendment # 29
Item 4-1.02
Appropriations
Withholding of Spending Authority Language
Language:
Page 540, line 27, after "action" insert:
"pursuant to a budget reduction plan approved by the
Governor to address a declared shortfall in budgeted revenue."
Page 541, strike lines 17 through 19.
Page 541, line 20, strike "b)" and insert
"4.".
Page 541, line 33, after "appropriations." strike
the remainder of the line.
Page 541, strike lines 34 through 38.
Page 541, line 39, strike "7" and insert
"6".
Explanation:
(This amendment clarifies that the withholding of spending
authority to address a revenue shortfall will be subject to conditions spelled
out in the General Provisions (including a reforecast of revenues) and
specified reporting requirements but such conditions and reporting shall not
apply to unallotment actions to capture savings that may occur in the normal
course of state operations. This amendment also eliminates unnecessary reporting
requirements for a quarterly assessment of the current economic outlook and the
public release of agency budget reduction plans before they have been approved
by the Governor.)
Amendment # 30
Item 4-1.06
Appropriations
Limited Adjustments Of Appropriations Language
Language:
Page 546, line 35, after "with" strike "the
written concurrence of" and insert "notification to".
Explanation:
(This amendment strikes a provision which requires the State
Comptroller (an executive official) to get the approval of the Auditor of
Public Accounts (a legislative official) before he makes cash disbursements
which the State Comptroller is otherwise charged to do by statute. This provision
is questionable on constitutional grounds.)
Amendment # 31
Item 4-3.02
Deficit Authorization and Treasury Loans
Treasury Loans Language
Language:
Page 552, line 22, after "LOANS" strike "FOR
PROJECTS INCLUDED IN THIS ACT".
Page 552, line 22, after "anticipation loans" strike
the remainder of the line.
Page 552, line 23, strike "included in this act".
Explanation:
(This amendment makes a technical correction to delete the
reference to capital projects in the section title since some of this section
applies to anticipation loans for operating expenses. The restrictions on
anticipation loans for projects not included in the budget are found in another
section (§ 4-3.02 c) and no amendments are proposed to that section.)
Amendment # 32
Item 4-5.04
Special Conditions and Restrictions on
Expenditures
Goods and Services Language
Language:
Page 564 line 51, after "(a)" strike "32.5
cents per mile" and insert "the IRS rate".
Page 565 line 1, after "of" strike "32.5 cents
per mile" and insert "the IRS rate".
Page 565 line 2, after "be" strike "32.5 cents
per mile" and insert "the IRS rate".
Explanation:
(This amendment makes several technical adjustments to ensure
that state employees are reimbursed at the most recent IRS allowable
reimbursement rate for the use of a personal vehicle on state business. The
enrolled bill did not change all of the references in this section from 32.5
cents to the IRS rate.)
Amendment # 33
Item 4-6.01
Positions and Employment
Employee Compensation Language
Language:
Page 572, line 64, strike "$104,454" and insert
"$111,500".
Page 572, line 64, strike "$108,632" and insert
"$115,960".
Page 572, line 64, strike "$108,632" and insert
"$115,960".
Explanation:
(This amendment corrects the Director of the Virginia Office
of Protection and Advocacy's salary that was increased in Chapter 2, 2006 Acts
of Assembly. The new salary level was not included in the salary table listed in
§4-6.01. This amendment corrects that omission.)
Amendment # 34
Item 4-6.01
Positions and Employment
Employee Compensation Language
Language:
Page 567, line 38 after "salaries of" strike the
remainder of the line and insert:
"positions listed below shall be paid in the amounts
shown.".
Page 567, strike lines 39 through 42.
Explanation:
(This amendment clarifies a clerical error and removes
language restricting the Governor's powers in the appointment of cabinet
positions.)
Amendment # 35
Item 4-6.03
Positions and Employment
Employee Benefits Language
Language:
Page 568, after line 31 insert:
"d) For new appointees to positions listed in
§4-6.01c.6., the Governor is authorized to provide for fringe benefits in addition
to those otherwise provided by law, including post retirement health care and
other nonsalaried benefits provided to similar positions in the public sector.”
Explanation:
(This amendment provides the Governor authority to provide
fringe benefits to appointees at competitive levels of other comparable
positions in the public sector in order to attract highly qualified appointees.)
Amendment # 36
Item 4-8.02
Reporting Requirements
State Agencies Language
Language:
Page 580, line 9 after “briefs” insert “or”.
Page 580, line 10, strike “or budget reduction
proposals".
Explanation:
(This amendment eliminates a requirement for the public
release of agency budget reduction plans before they have been approved by the
Governor. Budget reduction plans are currently released after they are approved
by the Governor.)