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2009 SESSION

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(HB1600)

AMENDMENTS PRINTED SEPARATELY

DEL. MARSHALL R.

    1. Page 9, line 35, item 1, introduced, after line 35

      insert

        L.  Such funds as may be necessary shall be used by the Clerk of the House of Delegates to transmit copies of House Resolution 38, introduced January 14, 2009, to the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the Virginia Congressional Delegation so that they may be apprised of the sense of the House of Delegates in this matter.

DEL. POISSON

    1. Page 126, line 44, item 131, introduced, after line 44

      insert

        C.  The board of visitors or other governing body of every public institution of higher education in the Commonwealth shall provide for the automatic acceptance of students applying for admission who (i) are domiciled residents of Virginia as defined by § 23-7.4; (ii) have graduated from a public or private high school in Virginia with a grade point average in the top 10 percent of such student's graduating class; and (iii) have been honorably discharged from service in the United States Armed Forces, the United States Armed Forces Reserves, the National Guard, or the Virginia National Guard Reserve.

        Explanation:

        (Directs the governing boards of public institutions of higher education to provide for the automatic acceptance of those resident students applying for admission who have graduated from a public or private high school in Virginia with a grade point average in the top 10 percent of such student's graduating class and have been honorably discharged from service in the United States Armed Forces, the United States Armed Forces Reserves, the Virginia National Guard, or the Virginia National Guard Reserve. There is no budget impact as a result of this amendment.)

DEL. AMUNDSON

    1. Page 132, item 139, introduced

        Education:  Elementary &                                FY 08-09            FY 09-10

          Secondary

        Direct Aid to Public Education                        $0               $1,176,750   GF

         

        Page 132, line 46

      strike

        $6,204,120

      insert

        $7,380,870

         

        Page 134, line 7

      strike

        $3,457,500

      insert

        $4,634,250

        Explanation:

        (This amendment provides almost $1.2 million GF the second year to account for expected growth in the number of teachers eligible for bonuses due to certification from the National Board for Professional Teaching Standards.  The funding for this amendment will come from the unappropriated balance.)

DEL. BULOVA

    1. Page 271, line 2, item 267, introduced

      strike

        $10,058,131

      insert

        $27,058,131

DEL. ARMSTRONG

    1. Page 306, line 15, item 289, introduced, after line 15

      insert

        E.  Out of this appropriation, $325,000 for the first year and $325,000 for the second year from the general fund is provided for scholarships and loan repayments for scholarships for dental students and loan repayments for dentists.  The department is authorized to use these funds to award either a scholarship or a loan repayment, depending on the needs of the individual dental student or dentist being recruited to a dental underserved area of the Commonwealth.  Any unexpended financial incentives and repaid money due to default shall revert to the pool of funding for financial incentives for dental scholarships or loan repayments.  All scholarships or loan repayments shall be awarded in accordance with regulations promulgated by the Board of Health.  The department shall maintain an accounting of the number and amount of the scholarship and loan repayment awards made each year.

        Explanation:

        (Includes $325,000 in each fiscal year for scholarships and loan repayments for scholarships for dental students and loan repayments for dentists.  The funding for this provision will come from the unappropriated balance.)

DELS. CARRICO AND JOHNSON

    1. Page 364, line 43, item 320, introduced

      strike

        $197,020, 496

      insert

        $198,398,662

DELS. CARRICO AND JOHNSON

    2. Page 364, line 48, item 320, introduced

      strike

        $141,448,433

      insert

        $142,826,599

DELS. CARRICO AND JOHNSON

    3. Page 365, line 1, item 320, introduced

      strike

        $135,875,879

      insert

        $137,254,045

DELS. CARRICO AND JOHNSON

    4. Page 366, line 51, item 322, introduced

      strike

        all of line 51

      insert

        529.00  $23,978,734  $9,901,231  $21,650  $33,901,615

DELS. CARRICO AND JOHNSON

    5. Page 366, line 55, item 322, introduced

      strike

        all of line 55

      insert

        4,537.00  $232,206,012  $93,059,020  $120,150  $325,385,182

DEL. HERRING

    1. Page 376, item 338, introduced

        Page 376, line 25

      strike

        $293,900,477

      insert

        $296,300,477

         

        Page 380, item 338, introduced, after line 14

      insert

        P. Out of the amounts for this item, $2,400,000 in the second year from the Temporary Assistance to Needy Families block grant shall be provided to the Department of Housing and Community Development to implement a pilot project for a rental assistance program.

        The purpose of the pilot project is to fill the gap between family income and the cost of housing for very low income working families, with priority given to recipients of assistance under Temporary Assistance for Needy Families (TANF) created pursuant to § 63.2-600 of the Code of Virginia and working families and individuals living in shelters.  The pilot project shall be funded by TANF.

        The Director shall require biannual reports from the participating localities in order to evaluate the effectiveness of the program, including (i) the number of eligible applicants for the pilot project, (ii) the number of eligible applicants served, (iii) the average monthly rental assistance amount, (iv) the average income of such persons from employment, and (v) such other information as the Director deems necessary.

        At the end of the three-year period, the Director shall make a final report to the Governor and the Housing Commission on the effectiveness of the pilot project indicating overall family outcomes of the eligible recipients relative to employment, income, and housing status, and such other relevant information as the Director deems appropriate.  The Director shall include in the final report his findings and recommendations.

DEL. MARSHALL R.

    1. Page 380, line 14, item 338, introduced, after line 14

      insert

        P.  Notwithstanding any other provision of law or regulation, an individual may receive diversionary Temporary Assistance to Needy Families (TANF) cash assistance only one time in a sixty-month period and, in so doing, waives his eligibility for TANF for a period of up to 160 days.

DEL. MARSHALL R.

    1. Page 460, line 5, item 421, introduced

      insert

        A.

DEL. MARSHALL R.

    2. Page 460, line 24, item 421, introduced, after line 24

      insert

        B.  Notwithstanding any provision of law, regulation, rule, or policy to the contrary, no funds appropriated to the Virginia State Police shall be used to implement, administer, maintain, or enforce any rule, regulation, or policy permitting only nondenominational prayer at department events.

DEL. WATTS

    1. Page 477, line 8, item 436, introduced, after line 8

      insert

        H.  No later than June 30, 2009 and June 30, 2010, the Secretary of Transportation shall report to the Chairmen of the House Appropriations and Transportation Committees, and the Senate Finance and Transportation Committees on the status of projects undertaken or under consideration under the Public-Private Transportation Act of 2005 at the Departments of Transportation and Rail and Public Transportation.  Such report shall include but not be limited to (1) an analysis of factors limiting bidder participation and measures to be taken to increase responsive participation, (2) investor financing, (3) the degree and timing of public input, and (4) any changes to total project cost and any public expenditures related to the completion of any such project.

        Explanation:

        (This amendment requires the Secretary of Transportation to report annually on the status of PPTA projects undertaken by VDOT or DRPT.)

DELS. MARSHALL R. AND NICHOLS [Ruled Not Germane]

    1. Page 477, line 8, item 436, introduced, after line 8

      insert

        H.  Notwithstanding any other law, regulation, memorandum of understanding or agreement, neither the Secretary of Transportation, any agency within the Secretariat, or the Commonwealth Transportation Board shall implement any transfer of any interest in, ownership, or control of, any portion of Interstate 95 from Stafford County to the City of Alexandria for the purpose of construction of High Occupancy Toll (HOT) lanes by any private entity or consortium unless specifically authorized by the General Assembly.

        Furthermore, prior to approval of any contract directly related to the initiation, design, construction or maintenance of any proposed HOT lanes within the jurisdictions of Arlington, Fairfax, Prince William and Stafford Counties and the City of Alexandria, the Department of Transportation is directed to undertake the following: (1) The Department of Transportation shall use its best efforts to design the high-occupancy vehicle/high-occupancy toll lanes to have the movement of traffic be bidirectional as opposed to the current reversible-only lanes.  (2)  Design the project as two separate projects with one project to include the existing high-occupancy vehicle lanes from the Pentagon on Interstate 395 to their southern terminus in Prince William County, and the second project would include the new HOV/HOT lanes to be constructed on the median ground of Interstate 95 from Prince William County near Quantico to Massaponax.  (3)  Review an analysis by the Joint Legislative Audit and Review Commission on the benefits of financing, constructing and operating the two separate HOV/HOT projects as public toll authorities by the Commonwealth of Virginia and/or transportation district(s) to include the Northern Virginia Transportation Authority, Northern Virginia Transportation Commission and Potomac Rappahannock Transportation Commission as compared to a private company contract similar to the Transurban/Flour contract signed for Interstate 495 under the Public-Private Transportation Act of 1995.  The reports of the Virginia Department of Transportation and the Joint Legislative Audit and Review Commission shall be presented to the Governor and the General Assembly as soon as they are completed.

DEL. MARSHALL R.

    1. Page 622, line 9, item 4-0.01, introduced, after line 9

      insert

        d.  Notwithstanding any provision of law, regulation, rule or policy to the contrary, no funds appropriated to any four-year public institution of higher education shall be used to implement, administer, maintain, or enforce any rule, regulation, or policy prohibiting any full-time, salaried administrator at the institution from carrying a concealed handgun for which the person has a valid Virginia concealed handgun permit.

DEL. VANDERHYE

    1. Page 622, line 9, item 4-0.01, introduced, after line 9

      insert

        d. No funding in this budget, or matching funds related to funding included in this budget, may be provided for human stem cell research from stem cells obtained from human embryos.

        e.  Notwithstanding subsection d, stem cell research, including but not limited to research involving cord blood stem cells, bone marrow stem cells including hematopoietic, endothelial, and mesenchymal stem cells, stem cells found in adult tissue, and embryonic stem cells, may be funded.

        f.  No funding in this budget, or matching funds related to funding included in this budget, may be provided for research on cells or tissues derived from induced abortions on humans.

DEL. EBBIN

    1. Page 683, line 26, item 4-6.07, introduced, after line 26

      insert

        4-6.07  Discharge or Layoff of State Employees

        No employee of the Commonwealth, including employees of public institutions of higher education, shall be discharged or laid off from employment based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, sexual orientation or gender identity, or status as a veteran.  Any employee discharged or laid off in violation of this subsection may bring an action pursuant to § 2.2-2639c of the Code of Virginia and recover back pay and attorneys' fees as provided therein.

        Explanation:

        (This amendment prohibits state agencies, including colleges and universities, from discharging or laying off an employee based on the employee’s race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, sexual orientation or gender identity, or status as a veteran. Offers employees discharged in violation of this provision a very limited remedy including up to 12 months of back pay and attorneys fees equal to no more than 25% of the back pay award; no other damages are allowed.)