069882260
HOUSE BILL NO. 5099
Offered September 25, 2006
A BILL to amend Chapter 3 of the 2006 Acts of Assembly,
Special Session I, relating to the appropriation of funds for the two years
ending respectively on the thirtieth day of June 2007 and the thirtieth day of
June 2008.
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Patrons-- Callahan, Hamilton, Joannou, Purkey and Tata
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Referred to Committee on Appropriations
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Be it enacted by the General Assembly of Virginia:
1. §1. That Items 260, 447,
461 and § 4-13.00 of Chapter 3 of the 2006 Acts of Assembly, Special Session I,
be hereby amended and reenacted.
A. The balances of appropriations made by previous acts of the
General Assembly which are recorded as unexpended, as of the close of business
on the last day of the previous biennium, on the final records of the State
Comptroller; and
B. The public taxes and arrears of taxes, as well as moneys
derived from all other sources, which shall come into the state treasury prior
to the close of business on the last day of the current biennium. The term
"moneys" means nontax revenues of all kinds, including but not
limited to fees, licenses, services and contract charges, gifts, grants, and
donations, and projected revenues derived from proposed legislation contingent
upon General Assembly passage.
§ 2. Such balances, public taxes, arrears of taxes, and monies
derived from all other sources as are not segregated by law to other funds,
which funds are defined by the State Comptroller, pursuant to § 2.2-803, Code
of Virginia, shall establish and constitute the general fund of the state
treasury.
§ 3. The appropriations made in this act from the general fund
are based upon the following:
First Year Second Year Total
Unreserved Balance,
June 30, 2006 $1,406,018,468 $0 $1,406,018,468
Additions to Balance $134,002,852 $47,000 $134,049,852
Official Revenue Estimates $15,453,255,934 $16,234,694,890 $31,687,950,824
Lottery Proceeds Fund $426,100,000 $426,100,000 $852,200,000
Transfers $372,445,281 $360,111,243 $732,556,524
Total General Fund Resources
Available for Appropriation $17,791,822,535 $17,020,953,133 $34,812,775,668
The appropriations made in this act from nongeneral fund revenues
are based upon the following:
First Year Second Year Total
Balance, June 30, 2006 $2,538,258,284 $0 $2,538,258,284
Official Revenue Estimates $18,153,574,015 $18,594,216,663 $36,747,790,678
Bond Proceeds $809,454,000 $0 $809,454,000
Total Nongeneral Fund Revenues
Available for Appropriation $21,501,286,299 $18,594,216,663 $40,095,502,962
TOTAL PROJECTED REVENUES $39,293,108,834 $35,615,169,796 $74,908,278,630
§ 4. Nongeneral fund revenues which are not otherwise
segregated pursuant to this act shall be segregated in accordance with the acts
respectively establishing them.
§ 5. The sums herein appropriated are appropriated from the
fund sources designated in the respective items of this act.
§ 6. When used in this act the term:
A. "Current biennium" means the period from the first
day of July two thousand six, through the thirtieth day of June two thousand
eight, inclusive.
B. "Previous biennium" means the period from the
first day of July two thousand four, through the thirtieth day of June two
thousand six, inclusive.
C. "Next biennium" means the period from the first
day of July two thousand eight, through the thirtieth day of June two thousand
ten, inclusive.
D. "State agency" means a court, department,
institution, office, board, council or other unit of state government located
in the legislative, judicial, or executive departments or group of independent
agencies, or central appropriations, as shown in this act, and which is
designated in this act by title and a three-digit agency code.
E. "Nonstate agency" means an organization or entity
as defined in § 2.2-1505 C, Code of Virginia.
F. "Authority" sets forth the general enabling
statute, either state or federal, for the operation of the program for which
appropriations are shown.
G. "Discretionary" means there is no continuing
statutory authority which infers or requires state funding for programs for
which the appropriations are shown.
H. "Appropriation" shall include both the funds
authorized for expenditure and the corresponding level of full-time equivalent
employment.
I. "Sum sufficient" identifies an appropriation for
which the Governor is authorized to exceed the amount shown in the
Appropriation Act if required to carry out the purpose for which the
appropriation is made.
J. "Item Details" indicates that, except as provided
in § 6 H above, the numbers shown under the columns labeled Item Details are
for information reference only.
K. Unless otherwise defined, terms used in this act dealing
with budgeting, planning and related management actions are defined in the
instructions for preparation of the Executive Budget.
§ 7. The total appropriations from all sources in this act have
been allocated as follows:
BIENNIUM 2006-08
General Fund Nongeneral Fund Total
OPERATING
EXPENSES $33,761,544,114 $36,893,215,804 $70,654,759,918
$33,855,394,114 $70,748,609,918
LEGISLATIVE
DEPARTMENT $119,250,065 $6,617,524 $125,867,589
JUDICIAL
DEPARTMENT $696,499,354 $46,852,214 $743,371,568
EXECUTIVE
DEPARTMENT $32,908,466,355 $36,175,799,547 $69,084,265,902
$33,002,316,355 $69,178,115,902
INDEPENDENT
AGENCIES $613,570 $663,946,519 $664,560,089
STATE GRANTS TO
NONSTATE AGENCIES $36,714,770 $0 $36,714,770
CAPITAL OUTLAY
EXPENSES $1,020,708,398 $1,329,086,000 $2,349,794,398
TOTAL $34,782,252,512 $38,222,301,804 $73,004,554,316
$34,876,102,512 $73,098,404,316
§ 8. This chapter shall be known and may be cited as the
"2006 Appropriation Act."
PART 1: OPERATING EXPENSES
Items 1 through 259: Not Set Out
Department of Accounts Transfer Payments (162)
Appropriations ($)
First Year Second Year
FY2007 FY2008
260. Financial Assistance to
Localities - General (72800).. $55,190,000 $55,190,000
$115,190,000
Item Details ($)
First Year Second Year
FY2007 FY2008
Distribution of Alcoholic
Beverage Control Profits (72800) $4,150,000 $4,150,000
Distribution of Wine Taxes (72805) $4,350,000 $4,350,000
Distribution of Rolling
Stock Taxes (72806)............. $5,600,000 $5,600,000
Distribution of Recordation
Taxes (72808)................... $40,000,000 $40,000,000
$100,000,000
Distribution of Sales Tax Revenues
From Certain Public
Facilities (72811).............. $1,010,000 $1,010,000
Distribution of Tennessee Valley
Authority Payments in
Lieu of Taxes (72812)........... $80,000 $80,000
Fund
Sources: General................ $55,190,000 $55,190,000
$115,190,000
Authority: §§ 4.1-116, 4.1-117, 4.1-235, 15.2-5814, 15.2-5914,
58.1-608.3, 58.1-815.1, 58.1-816, 58.1-2658.1, and 58.1-3406, Code of Virginia.
A. Out of this appropriation, amounts estimated at $18,500,000
the first year and $18,500,000 $50,000,000 the second year from
the general fund shall be deposited into the Northern Virginia Transportation
District Fund, as provided in § 58.1-815.1, Code of Virginia. Said amount shall
consist of recordation taxes attributable to and transferable to the cities of
Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park and the counties
of Arlington, Fairfax, Loudoun, and Prince William, pursuant to § 58.1-816,
Code of Virginia. This amount shall be transferred to Item 447 of this act and
shall be used to support the Northern Virginia Transportation District Program
as defined in § 33.1-221.1:3, Code of Virginia. The Commonwealth Transportation
Board shall make such allocations and expenditures from the Fund as are
provided in the Northern Virginia Transportation District, Commonwealth of
Virginia Revenue Bond Act of 1993 (Chapter 391, Acts of Assembly of 1993). The
Commonwealth Transportation Board also shall make such allocations and
expenditures from the fund as are provided in Chapters 470 and 597 of the Acts
of Assembly of 1994 (amendments to Chapter 391, Acts of Assembly of 1993).
B. Pursuant to Chapters 233 and 662 of the Acts of Assembly of
1994, out of this appropriation, an amount estimated at $1,000,000 the first
year and $1,000,000 the second year from the general fund shall be deposited
into the Set-aside Fund as requested in an ordinance adopted March 28, 1995,
and in compliance with the requirements provided for in § 58.1-816.1, Code of
Virginia, for an account for the City of Chesapeake. These amounts shall be
transferred to Item 447 of this act and shall be allocated by the Commonwealth
Transportation Board to provide for the debt service pursuant to the Oak Grove
Connector, City of Chesapeake, Commonwealth of Virginia Transportation Program
Revenue Bond Act of 1994 (Chapters 233 and 662, Acts of Assembly of 1994).
C. There is hereby appropriated for payment to the Virginia
Baseball Stadium Authority from the program Financial Assistance to Localities
- General a sum sufficient equal to the state personal, corporate, and
pass-through entity income and sales and use tax revenues to which the
Authority is entitled.
Items 261 through 446: Not Set Out
Department of Transportation (501)
Appropriations ($)
First Year Second Year
FY2007 FY2008
447. Non-Toll Supported
Transportation Debt
Service (61200)............ $329,292,729 $335,592,729
$345,592,729
Item Details ($)
First Year Second Year
FY2007 FY2008
Highway Transportation
Improvement District
Debt Service (61201)............ $47,528,100 $47,528,100
Designated Highway Corridor
Debt Service (61202)............ $63,037,907 $63,037,907
$73,037,907
Federal Highway Revenue
Anticipation Notes
Debt Service (61203)............ $218,726,722 $225,026,722
Fund
Sources: General................ $151,300,000 $157,600,000
$167,600,000
Commonwealth
Transport............ $107,426,722 $107,426,722
Trust and Agency....... $70,566,007 $70,566,007
Authority: Titles 15, 33, and 58 of the Code of Virginia;
Chapters 827 and 914, Acts of Assembly of 1990; Chapters 233 and 662, Acts of
Assembly of 1994; Chapter 8, as amended by Chapter 538, Acts of Assembly of
1999; Chapters 1019 and 1044, Acts of Assembly of 2000; and Chapter 799, Acts
of Assembly of 2002.
A.1. The amount shown for Highway Transportation Improvement
District Construction shall be derived from payments made to the Transportation
Trust Fund pursuant to the Contract between the State Route 28 Highway
Transportation Improvement District and the Commonwealth Transportation Board
dated September 1, 1988 as amended by the Amended and Restated District
Contract by and among the Commonwealth Transportation Board, the Fairfax County
Economic Development Authority and the State Route 28 Highway Transportation
Improvement District Commission (the “District Commission”) dated August 30,
2002 (the “District Contract”).
2. There is hereby appropriated for payment immediately upon
receipt to a third party approved by the Commonwealth Transportation Board, or
a bond trustee selected by such third party, a sum sufficient equal to the
special tax revenues collected by the Counties of Fairfax and Loudoun within
the State Route 28 Highway Transportation Improvement District and paid to the
Commonwealth Transportation Board by or on behalf of the District Commission
(the "contract payments") pursuant to § 15.2-4600 et seq., Code of
Virginia, and the District Contract between the Commonwealth Transportation
Board and the District Commission.
3. The contract payments may be supplemented from primary funds
allocated to the highway construction district in which the project financed is
located, or from the secondary system construction allocation to the county or
counties in which the project financed is located, and from any other lawfully
available revenues of the Transportation Trust Fund, as may be necessary to
meet debt service obligations. The payment of debt service shall be for the
bonds (the Series 2002 Bonds) issued under the "Commonwealth of Virginia
Transportation Contract Revenue Bond Act of 1988" (Chapters 653 and 676,
Acts of Assembly of 1988 as amended by Chapters 827 and 914 of the Acts of
Assembly of 1990). Funds required to pay the total debt service on the Series
2002 Bonds shall be made available in the amounts indicated in paragraph E of
this Item.
B.1. Out of the amounts for Designated Highway Corridor
Construction, $40,000,000 the first year and $40,000,000 $50,000,000
the second year shall be paid from the general fund to the U.S. Route 58
Corridor Development Fund, hereinafter referred to as the "Fund",
established pursuant to § 58.1-815, Code of Virginia. This payment shall be in
lieu of the deposit of state recordation taxes to the Fund, as specified in the
cited Code section and shall be made no later than July 15 of each year. Said
recordation taxes which would otherwise be deposited to the Fund shall be retained
by the general fund. Additional appropriations required for the U.S. Route 58
Corridor Development Fund, an amount estimated at $12,000,000 the first year
and $12,000,000 the second year, shall be transferred from the highway share of
the Transportation Trust Fund.
2. Pursuant to the "U.S. Route 58 Commonwealth of Virginia
Transportation Revenue Bond Act of 1989" (as amended by Chapter 538 of the
1999 Acts of Assembly), the amounts shown in paragraph E of this Item shall be
available from the Fund for debt service for the bonds previously issued and
additional bonds issued pursuant to said act.
3. The Commissioner shall report on or before July 1 of
each year to the Chairmen of the Senate Finance and House Appropriations
Committees on the cash balances in the Route 58 Corridor Development
Fund. In addition, the report shall include the following: (i)
allocations and expenditures from the Fund for the preceding fiscal year by
project and district; (ii) a comparison of actual spending to allocations by projects
and district; and (iii) a six-year plan for planned future expenditures from
the Fund by project and district.
C.1. The Commonwealth Transportation Board shall maintain the
Northern Virginia Transportation District Fund, hereinafter referred to as the
"Fund." Pursuant to § 58.1-815.1, Code of Virginia, and for so long
as the Fund is required to support the issuance of bonds, the Fund shall
include at least the following elements:
a. Amounts transferred from Item 260 of this act to this Item.
b. An amount estimated at $12,000,000 the first year and
$12,000,000 the second year, which shall be transferred from the highway share
of the Transportation Trust Fund.
c. Any public right-of-way use fees allocated by the Department
of Transportation pursuant to § 58.1-468.1 of the Code of Virginia and
attributable to the counties of Fairfax, Loudoun, and Prince William, the
amounts estimated at $4,900,000 the first year and $4,800,000 the second year.
d. Any amounts which may be deposited into the Fund pursuant to
a contract between the Commonwealth Transportation Board and a jurisdiction or
jurisdictions participating in the Northern Virginia Transportation District
Program, the amounts estimated to be $816,000 the first year and $816,000 the
second year.
2. The Fund shall support the issuance of bonds at a total
authorized level of $500,200,000 for the purposes provided in the “Northern
Virginia Transportation District, Commonwealth of Virginia Revenue Bond Act of
1993,” Chapter 391, Acts of Assembly of 1993 as amended by Chapters 470 and 597
of the Acts of Assembly of 1994, Chapters 740 and 761 of the Acts of Assembly
of 1998, Chapter 538 of the 1999 Acts of Assembly, Chapter 799 of the 2002 Acts
of Assembly, and Chapter 621 of the 2005 Acts of Assembly.
3. Pursuant to the Northern Virginia Transportation District,
Commonwealth of Virginia Revenue Bond Act of 1993, Chapter 391, Acts of
Assembly of 1993, and as amended by Chapters 470 and 597 of the Acts of
Assembly of 1994, Chapters 740 and 761 of the Acts of Assembly of 1998, Chapter
538 of the 1999 Acts of Assembly, Chapter 799 of the 2002 Acts of Assembly, and
Chapter 621 of the 2005 Acts of Assembly, amounts shown in paragraph E of
this Item shall be available from the Fund for debt service for the bonds
previously issued and additional bonds issued pursuant to said act.
4. Should the actual distribution of recordation taxes to the
localities set forth in § 58.1-815.1, Code of Virginia, exceed the amount
required for debt service on the bonds issued pursuant to the above act, such
excess amount shall be transferred to the Northern Virginia Transportation
District Fund in furtherance of the program described in § 33.1-221.1:3, Code
of Virginia.
5. Should the actual distribution of recordation taxes to said
localities be less than the amount required to pay debt service on the bonds,
the Commonwealth Transportation Board is authorized to meet such deficiency, to
the extent required, from funds identified in Enactment No. 1, Section 11, of
Chapter 391, Acts of Assembly of 1993.
D.1. The Commonwealth Transportation Board shall
maintain the City of Chesapeake account of the Set-aside Fund, pursuant to §
58.1-816.1, Code of Virginia, which shall include funds transferred from Item
260 of this act to this Item, and an amount estimated at $1,000,000 the first
year and $1,500,000 the second year received from the City of Chesapeake
pursuant to a contract or other alternative mechanism for the purpose provided
in the “Oak Grove Connector, City of Chesapeake Commonwealth of Virginia
Transportation Program Revenue Bond Act of 1994,” Chapters 233 and 662, Acts of
Assembly of 1994 (hereafter referred to as the “Oak Grove Connector Act”).
2. The amounts shown in paragraph E of this Item shall be
available from the City of Chesapeake account of the Set-aside Fund for debt
service for the bonds issued pursuant to the Oak Grove Connector Act.
3. Should the actual distribution of recordation taxes and such
local revenues from the City of Chesapeake as may be received pursuant to a
contract or other alternative mechanism to the City of Chesapeake account of
the Set-aside Fund be less than the amount required to pay debt service on the
bonds, the Commonwealth Transportation Board is authorized to meet such deficiency,
pursuant to Enactment No. 1, Section 11 of the Oak Grove Connector Act.
E. Pursuant to various Payment Agreements between the Treasury
Board and the Commonwealth Transportation Board, funds required to pay the debt
service due on the following Commonwealth Transportation Board bonds shall be
transferred to the Treasury Board as follows:
FY 2007 FY 2008
Transportation Contract Revenue
Refund Bonds, Series 2002 (Route 28) $7,529,845 $7,524,883
Commonwealth of Virginia Transportation
Revenue Bonds: U.S. Route 58 Corridor
Development Program:
Series 1996B $4,235,155 $4,236,750
Series 1997C (Refunding) $4,879,944 $4,879,194
Series 1999B $8,179,660 $8,176,438
Series 2001B $5,591,613 $5,591,688
Series 2002 B (Refunding) $7,233,288 $7,235,438
Series 2003A (Refunding) $9,914,875 $9,916,075
Series 2004B $11,563,050 $11,563,050
Northern Virginia Transportation District Program:
Series 1996A $2,709,540 $2,709,000
Series 1997B (Refunding) $2,333,612 $2,333,769
Series 1999A $1,328,863 $1,327,988
Series 2001A $3,210,013 $3,211,163
Series 2002A $14,935,019 $14,951,219
Series 2004A $4,102,000 $4,102,000
Transportation Program Revenue Bonds:
Series 1997A (Oak Grove Connector,
City of Chesapeake) $2,328,870 $2,326,620
F.1. Out of the amounts provided for this Item, an
estimated $152,275,052 the first year and $152,296,812 the second year
shall be provided from federal highway and highway assistance reimbursements
for the debt service payments on the Federal Highway Reimbursement Anticipation
Notes.
2. Notwithstanding Enactment 6 of Chapters 1019 and 1044, Acts
of Assembly of 2000, this act, or any other provision of law, any additional
amounts needed to offset the debt service payment requirements on the
Transportation Trust Fund attributable to the issuance of Federal Highway
Reimbursement Anticipation Notes shall be provided from the Priority
Transportation Fund to the extent available and then from the portion of the
Transportation Trust Fund available for highway construction purposes prior to
making the allocations required by § 33.1-23.1 B of the Code of Virginia.
3. Out of this appropriation, $111,300,000 the first year
and $117,600,000 the second year from the general fund shall be deposited into
the Priority Transportation Fund. These amounts represent the share of
insurance premium tax revenues derived from automobile insurance premiums.
Items 448 through 460: Not Set Out
Central Appropriations (995)
Appropriations ($)
First Year Second Year
FY2007 FY2008
461. Compensation and Benefit
Supplements (75700)........... $137,085,279 $290,167,430
$314,017,430
Item Details ($)
First Year Second Year
FY2007 FY2008
Supplements to Employee
Compensation (75701)............. $66,801,275 $216,827,571
$240,677,571
Supplementsto Employee
Benefits (75702)................. $70,284,004 $73,339,859
Fund
Sources: General................ $137,085,279 $290,167,430
$314,017,430
Authority: Discretionary Inclusion.
A. Transfers from this Item may be made to supplement general
fund appropriations to state agencies for:
1. Adjustments to base rates of pay;
2. Adjustments to rates of pay for budgeted overtime of
salaried employees;
3. Salary increases for positions with salaries listed
elsewhere in this act;
4. Salary increases for locally elected constitutional officers
and their employees;
5. In-band salary adjustments for employees subject to the
Virginia Personnel Act to recognize changes in duties or professional skill
development, establish internal alignment (equitable salary relationships), or
respond to labor market conditions (retention).
6. Employer costs of employee benefit programs when required by
salary-based pay adjustments; and
7. Salary increases for local employees supported by the
Commonwealth, other than those funded through appropriations to the Department
of Education.
8. Adjustments to the cost of employee benefits to include but
not limited to health insurance premiums and retirement and related
contribution rates.
B. Transfers from this Item may be made when appropriations to
the state agencies concerned are insufficient for the purposes stated in
paragraph A of this Item, as determined by the Department of Planning and
Budget, and subject to guidelines prescribed by the department. Further, the
Department of Planning and Budget may transfer appropriations within this Item
from the second year of the biennium to the first year, when necessary to
accomplish the purposes stated in paragraph A of this Item.
C. Except as provided for elsewhere in this Item, agencies
supported in whole or in part by nongeneral fund sources, shall pay the
proportionate share of increases in salaries and benefits as required by this
Item, subject to the rules and regulations prescribed by the appointing or
governing authority of such agencies. Nongeneral fund revenues and
balances required for this purpose are hereby appropriated.
D.1. The Department of Human Resource Management may approve
pilot compensation programs within agencies that support the redesigned
classified compensation plan. Such pilot programs approved by the department
shall have clearly defined objectives, specified time frames, and shall be
restricted to no more than two years. Such pilot programs shall be funded from
existing agency appropriations or from funds provided for salary increases
specified elsewhere in this Item, or a combination of both. A report on such
pilot programs shall be made to the Governor and the Chairmen of the House
Appropriations and Senate Finance Committees by October 1, 2007. The Secretary
of Administration shall approve any change in compensation plans based on pilot
programs, prior to their implementation.
2. Any pilot programs or alternative pay plans authorized under
the provisions of this paragraph shall provide for average annual salary
increases that are no greater than those authorized in this Item for classified
state employees.
E. The Governor is hereby authorized to transfer funds from
agency appropriations to the accounts of participating state employees in such
amounts as may be necessary to match the contributions of the qualified
participating employees, consistent with the requirements of the Code of
Virginia governing the deferred compensation cash match program. Such transfers
shall be made consistent with the following:
1. The maximum cash match provided to eligible employees shall
not be less than $20.00 per pay period, or $40.00 per month. The Governor may
direct the agencies of the Commonwealth to utilize funds contained within their
existing appropriations to meet these requirements.
2. The Governor may direct agencies supported in whole or in
part with nongeneral funds to utilize existing agency appropriations to meet
these requirements. Such nongeneral revenues and balances are hereby
appropriated for this purpose, subject to the provisions of § 4-2.01 b of this
act. The use of such nongeneral funds shall be consistent with any existing
conditions and restrictions otherwise placed upon such nongeneral funds.
3. Employees who are otherwise eligible but whose 403 (b)
provider does not participate in the cash match program by establishing a 401
(a) account are ineligible to receive a cash match.
4. The procurement of services related to the implementation of
this program shall be governed by standards set forth in § 51.1-124.30 C, Code
of Virginia, and shall not be subject to the provisions of Chapter 7 (§ 11-35
et seq.), Title 11, Code of Virginia.
F.1. The base salary of the following employees shall be
increased by four percent on November 25, 2006 and three percent on November
25, 2007 for state employees:
a. Full-time and other classified employees of the Executive
Department subject to the Virginia Personnel Act;
b. Full-time employees of the Executive Department not subject
to the Virginia Personnel Act, except officials elected by popular vote;
c. Any official whose salary is listed in § 4-6.01 of this act,
subject to the ranges specified in the agency head salary levels in § 4-6.01 c;
and
d. Full-time professional staff of the Governor's Office, the
Lieutenant Governor's Office, the Attorney General's Office, Cabinet
Secretaries Offices, including the Deputy Secretaries, the Virginia Liaison
Office, and the Secretary of the Commonwealth's Office.
e. Heads of agencies in the Legislative Department;
f. Full-time employees in the Legislative Department, other
than officials elected by popular vote; and
g. Secretaries and administrative assistants as provided for in
Item 1 of this act.
h. Judges and Justices in the Judicial Department;
i. Heads of agencies in the Judicial Department; and,
j. Full-time employees in the Judicial Department.
k. Commissioners of the State Corporation Commission and the
Virginia Workers' Compensation Commission, the Executive Directors of the
Virginia College Savings Plan and the Virginia Office for Protection and
Advocacy, and the Directors of the State Lottery Department, and the Virginia
Retirement System;
l. Full-time employees of the State Corporation Commission, the
Virginia College Savings Plan, the State Lottery Department, Virginia Workers'
Compensation Commission, the Virginia Retirement System, and Virginia Office
for Protection and Advocacy.
2.a. Employees in the Executive Department subject to the
Virginia Personnel Act shall receive the salary increases authorized in this
paragraph only if they attained at least a rating of "Contributor" on
their latest performance evaluation.
b. Salary increases authorized in this paragraph for employees
in the Judicial and Legislative Departments, employees of Independent agencies,
and employees of the Executive Department not subject to the Virginia Personnel
Act shall be consistent with the provisions of this paragraph, as determined by
the appointing or governing authority. The appointing or governing authority shall
certify to the Department of Human Resource Management that employees receiving
the awards are performing at levels at least comparable to the eligible
employees as set out in subparagraph 2.a. of this paragraph.
3. The Department of Human Resource Management shall increase
the minimum and maximum salary for each band within the Commonwealth's
Classified Compensation Plan by four percent on November 25, 2006. No salary
increase shall be granted to any employee as a result of this action. The
department shall develop policies and procedures to be used in instances where
employees fall below the entry level for a job classification due to poor
performance. Movement through the revised pay band shall be based on employee
performance.
4. Out of the amounts for Supplements to Employee Compensation
is included $44,403,040 the first year from the general fund and $115,610,104
the second year from the general fund to support the general fund portion of
costs associated with the salary increase provided in this paragraph.
5. The following agency heads, at their discretion, may utilize
agency funds or the funds provided pursuant to this paragraph to implement the
provisions of existing pay plans:
a. The heads of agencies in the Legislative and Judicial
Departments;
b. The Commissioners of the State Corporation Commission and
the Virginia Workers' Compensation Commission;
c. The Attorney General;
d. The Director of the Virginia Retirement System;
e. The Director of the State Lottery Department;
f. The Director of the University of Virginia Medical Center;
g. The Executive Director of the Virginia College Savings Plan;
h. The Executive Director of the Virginia Port Authority; and
i. The Executive Director of the Virginia Office for Protection
and Advocacy.
G. The base rates of pay, and related employee benefits, for
wage employees may be increased by up to four percent no earlier than November
25, 2006. The cost of such increases for wage employees shall be borne by
existing funds appropriated to each agency.
H.1. Agency heads in the Executive Department are authorized to
utilize an amount equivalent to 0.5 percent of salaries to implement pay
practices pursuant to Department of Human Resource Management policies for pay
practices under the compensation plan for classified employees and agency
compensation plans.
2. The following agency heads at their discretion are
authorized to utilize an amount equivalent to 0.5 percent of salaries to
implement the provisions of existing pay plans:
a. The heads of agencies in the Legislative and Judicial
Departments;
b. The Commissioners of the State Corporation Commission and
the Virginia Workers' Compensation Commission;
c. The Attorney General;
d. The Director of the Virginia Retirement System;
e. The Director of the State Lottery Department;
f. The Director of the University of Virginia Medical Center;
g. The Executive Director of the Virginia College Savings Plan;
h. The Executive Director of the Virginia Port Authority; and
i. The Executive Director of the Virginia Office for Protection
and Advocacy.
3. Out of the appropriation for Supplements to Employee
Compensation is included $5,550,377 the first year from the general fund and
$10,246,839 the second year from the general fund to support the general fund
portion of costs associated with the salary increases authorized in this
paragraph.
I.1. The base salary of the following employees shall be
increased by four percent on December 1, 2006 and three percent on December 1,
2007:
a. Locally elected constitutional officers;
b. General Registrars and members of local electoral boards;
c. Full-time employees of locally elected constitutional
officers; and,
d. Full-time employees of Community Services Boards, Centers
for Independent Living, secure detention centers supported by Juvenile Block
Grants, juvenile delinquency prevention and local court service units, local
social services boards, and local health departments where a memorandum of
understanding exists with the Virginia Department of Health.
2. Out of the appropriation for Supplements to Employee
Compensation is included $19,609,787 the first year from the general fund and
$48,471,220 the second year from the general fund to support the costs
associated with the salary increase provided in this paragraph.
J.1. Out of the appropriation for Supplements to Employee
Benefits, amounts estimated at $34,808,234 the first year from the general fund
and $36,321,635 the second year from the general fund shall be transferred to
state agencies and institutions of higher education to support the general fund
portion of costs associated with changes in the employer's share of premiums
paid for the Commonwealth's health benefit plans.
2. Notwithstanding any contrary provision of law, the health
benefit plans for state employees resulting from the additional funding in this
Item shall allow for a portion of employee medical premiums to be charged to
employees.
K.1. Contribution rates paid to the Virginia Retirement
System for the retirement benefits of public school teachers, state employees,
state police officers, state judges, and state law enforcement officers
eligible for the Virginia Law Officers Retirement System shall be based on a
valuation of retirement assets and liabilities that assume an investment return
of eight percent, a cost of living increase of three percent, and an
amortization period of 30 years the first year and 21 years the second year.
For each year, the employer contribution rates resulting from these
assumptions are as follows;
2. Out of the appropriation for Supplements to Employee
Benefits, amounts estimated at $21,142,477 the first year from the general fund
and $31,817,164 the second year from the general fund shall be transferred to
state agencies and institutions of higher education to support the general fund
portion of the costs associated with changes in the contribution rates for
state employee retirement as provided for in this paragraph.
3. State funding for increases in retirement contributions for
public school teachers funded through the Standards of Quality is provided
under Direct Aid to Public Education.
L. 1. For each year, contribution rates paid to the
Virginia Retirement System for the public employee group life insurance program
shall be 1.13 percent of salaries resulting from an update of the valuation of
program assets and liabilities.
2. Out of the appropriation for Supplements to Employee
Benefits, amounts estimated at $6,815,269 the first year from the general fund
and $7,111,568 the second year from the general fund shall be transferred to
state agencies and institutions of higher education to support the general fund
portion of the costs associated with the increase in the contribution rate for
state employee group life insurance as provided for in this paragraph.
3. State funding for increases in group life contributions for
public school teachers funded through the Standards of Quality is provided
under Direct Aid to Public Education.
M.1. For each year, contribution rates paid to the Virginia
Retirement System for the Virginia Sickness and Disability Program shall be
1.78 percent of salaries resulting from an update of the valuation of program
assets and liabilities.
2. Out of the appropriation for Supplements to Employee
Benefits, amounts estimated at $2,522,674 the first year from the general fund
and $2,632,389 the second year from the general fund shall be transferred to
state agencies and institutions of higher education to support the general fund
portion of the costs associated with the increase in the contribution rate for
the Virginia Sickness and Disability Program as provided for in this
paragraph.
N. The Secretary of Administration, in conjunction with the
Secretary of Finance, may establish a program that allows for the sharing of
cost savings from improved productivity and performance with agencies and
employees. Such gain sharing programs require a management philosophy of
open communication encouraging employee participation; a system which seeks,
evaluates and implements employee input on increasing productivity; and a
formula for measuring productivity gains and sharing these gains between
employees and the agency. The Department of Human Resource Management, in
conjunction with the Department of Planning and Budget, shall develop specific
gain sharing program guidelines for use by agencies. The Department of
Human Resource Management shall provide to the Governor, the Chairmen of the
House Appropriations and Senate Finance Committees an annual report no later
than October 1 of each year detailing identified savings and their usage.
O. There is hereby created the Pre-Medicare Eligible Retiree
Health Benefits Trust Fund (the Fund). The funds of the Pre-Medicare Eligible
Retiree Health Benefits Trust fund shall be deemed separate and independent
trust funds, shall be segregated from all other funds of the Commonwealth, and
shall be invested and administered solely in the interests of the participating
retirees. Neither the General Assembly nor any public officer, employee,
or agency shall use or authorize the use of such trust funds for any purpose
other than as provided in law for benefits, refunds, and administrative
expenses. The Fund is established to pay the health insurance benefits of
retirees and their dependents who are not yet eligible for Medicare under the
plan established under § 2.2-2818. Deposits to the Fund shall be made
from general fund appropriations, retiree payroll deductions and other retiree
payments together with any earnings on those deposits. Fund deposits are
irrevocable and are not subject to the claims of creditors. The
Department of Human Resource Management shall use the assistance of the
Virginia Retirement System in establishing, investing, and maintaining the
Fund. The Board of Trustees of the Virginia Retirement System shall administer
and manage the investment of the Fund as custodian and provide staff. The
Virginia Retirement System shall invest the Funds in accordance with Article
3.1 (§ 51.1-124.30 et seq.) of Chapter 1 of Title 51.1. The Fund shall annually
reimburse the Virginia Retirement System for all reasonable costs incurred and
associated, directly and indirectly, with the administration of this chapter
and management and investment of the Fund.
P. Out of the appropriation for Supplements to Employee
Benefits, amounts estimated at $952,000 the first year from the general fund
and $990,000 the second year from the general fund for the state employee
retiree health credit as required by Chapter 622 of the Acts of Assembly of
2006.
Q. Out of the amounts for Compensation Supplements shall be
paid $317,203 the first year and $317,203 the second year from the general fund
for the correction of internal compensation alignment at Longwood
University. Such non-general fund amounts as are required to carry out
the purpose of this paragraph are hereby appropriated.
R. Out of the amounts for Compensation Supplements shall be
paid $12,864,000 the second year from the general fund to provide for a three
percent salary increase and related employee benefit costs effective November
25, 2007. Such non-general funds as may be required to implement this
increase are hereby appropriated.
S. Out of the amounts for Compensation Supplements a total
of $22,000,000 the second year shall be provided for reserve for a salary
increase and the related employee benefit costs for the state's share of all
public education funded SOQ instructional positions.
S. 1) Out of the amounts for Compensation Supplements a total of
$45,850,000 the second year shall be transferred into Item 135 for the purpose
of providing a 3.0 percent salary increase and the related employee benefit
costs for the state's share of all public education funded SOQ instructional
positions, and shall be effective December 1, 2007.
2) It is the
intent that the average classroom teacher salary be improved throughout the
state by at least 3.0 percent the second year. Sufficient funds are
appropriated in this act to finance, on a statewide basis, the state share of
such a salary increase to school divisions which certify to the state
Department of Education, no later than March 1, 2008, that equivalent increases
have been granted in the second year.
3) These
funds shall be matched by the local government, based on the composite index of
local ability-to-pay.
4) This
funding is not intended as a mandate to increase salaries.
Items 462 through 481: Not Set Out
TOTAL FOR PART 1:
OPERATING EXPENSES $34,904,269,286 $35,750,490,632
$35,844,340,632
General Fund
Positions 55,904.48 55,916.78
Nongeneral Fund
Positions 60,967.46 64,350.68
Position Level 116,871.94 117,267.46
Fund Sources:
General $16,779,048,401 $16,982,495,713
$17,076,345,713
Special $1,582,139,532 $1,722,709,724
Higher Education
Operating $4,833,655,952 $5,052,165,848
Commonwealth
Transportation $4,065,286,028 $4,120,333,115
Enterprise $822,233,996 $837,099,712
Trust and Agency $1,091,584,780 $1,105,769,295
Debt Service $204,399,236 $206,745,939
Dedicated Special
Revenue $660,473,168 $666,884,007
Federal Trust $4,865,448,193 $5,056,287,279
PART 2: CAPITAL PROJECT EXPENSES
§ 2-0 General Conditions: Not Set Out
Items C-1 through C-328: Not Set Out
PART 3: MISCELLANEOUS
§ 3-1.01 through § 3-6.02: Not Set Out
PART 4: GENERAL PROVISIONS
§ 4-0.01 through § 4-12.00: Not Set Out
§ 4-13.00 EFFECTIVE DATE
This act is effective on July 1, 2006. This act is
effective on its passage as provided in §1-12c, Code of Virginia.
PART 5: ENACTMENT NUMBERS 2 THROUGH 5
Enactment 2: Not Set Out