§ 4-9.00 HIGHER EDUCATION RESTRUCTURING

§ 4-9.01 MEMORANDA OF UNDERSTANDING

In submitting "The Budget Bill" for calendar year 2006 pursuant to subsection A of § 2.2-1509, the Governor shall include eligibility criteria for additional operational authority in human resources, personnel policy and/or information technology along with the functional authority that would be granted in each area. In each operational area, the functional authority granted through a memorandum of understanding shall not exceed the level of autonomy permitted under Subchapter 3 (§ 23-38.91et seq.) of Chapters 933 and 945 of the 2005 Acts of Assembly and as specified under Chapters 933 and 943 of the 2006 Acts of Assembly.  Pursuant to Subchapter 2 (§ 23-38.90) of the Restructured Higher Education Financial and Administrative Operations Act of 2005 (the “2005 Restructuring Act”), Chapters 933 and 945 of the 2005 Acts of Assembly, codified as Chapter 4.10 (§ 23-38.88 et seq.) of Title 23 of the Code of Virginia, a public institution of higher education in the Commonwealth, other than an institution governed by Subchapter 3 (§ 23-38.91 et seq.) of the 2005 Restructuring Act, that has been certified by the State Council of Higher Education for Virginia (“SCHEV”) pursuant to subsection C of § 23-9.6:1.01 as having met the requirements of subsection B of § 23-38.88 of the 2005 Restructuring Act may submit a request to the appropriate Cabinet Secretary or Secretaries, as designated by the Governor, to enter into one or more Memoranda of Understanding (“MOUs”) with the Commonwealth for additional functional authority over and above any such authority previously delegated to the institution by this act, subsection A of § 23-38.88 of the 2005 Restructuring Act, or otherwise  in one or more of the operational areas of capital projects, leases, procurement, information technology, and finance.  The  Secretary of Finance, in conjunction with the Secretary of Administration and the Secretary of Technology, shall continue to work with a workgroup of higher education institution representatives to develop a list of  the functional authority to be granted in each operational area to be submitted to the Chairmen of House Appropriations and Senate Finance Committees no later than January 26, 2007.