AMENDMENT(S) PROPOSED BY THE HOUSE APPROPRIATIONS

AMENDMENTS PRINTED SEPARATELY

AMENDMENT(S) PROPOSED BY THE HOUSE

DEL. MARSHALL R. {Withdrawn}

Page 33, item 54 #1h, after line 37, introduced

Office of the Governor

insert

C.  The Governor shall ensure that no state agency aids in the execution of that portion of the federal Patient Protection and Affordable Care Act, Public Law 111-148, set forth in section 2713 of the Public Health Services Act, and in accompanying federal regulations, requiring religious employers or their health insurance providers to offer insurance coverage for contraceptive methods, sterilization procedures, or abortifacients to employees when such religious employers deem such services contrary to their religious tenets.

Explanation:

(This amendment requires the Governor to ensure that no state agency aids in the execution of that part of the Patient Protection and Affordable Care Act requiring religious entities to offer insurance coverage for contraceptive methods, sterilization procedures, or abortifacients to employees when such religious employers deem such services contrary to their religious tenets.)

DEL. TOSCANO {Rejected}

Page 71, item 105, introduced

Commerce and Trade                       FY 12-13                     FY 13-14

    Economic Development

    Incentive                                    $3,000,000                     $3,000,000

Page 71, line 39

strike

$69,861,384

insert

$72,861,384

Page 71, line 39

strike

$65,108,594

insert

$68,108,594

Page 75, after line 16

insert

O.  Pursuant to the establishment of the Machinery and Tools Investment Grant Fund, included in this appropriation is $3,000,000 for the first year and $3,000,000 for the second year from the general fund to capitalize such fund.  The guidelines developed by the Comptroller for implementation of the fund, as a condition of said grant, shall forfeit any right to appeal the assessment of local taxation imposed pursuant to § 58.1-3507, Code of Virginia for the machinery or tools for which the grant is received.  The guidelines shall also require that for machinery and tools to be eligible for a grant from the fund, said machinery and tools must be purchased, owned and placed in service or use by the eligible person.

Explanation:

(This amendment provides funding to capitalize the Machinery and Tools Investment Grant Fund.)

DEL. GREASON

Page 97, item 139 #28h, introduced

Education:  Elementary &               FY 12-13                  FY 13-14

Secondary

    Direct Aid to

    Public Education                       $11,979,093                $12,316,176    GF

Page 97, line 15

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$5,706,719,879

insert

$5,718,698,972

Page 97, line 15

strike

$5,754,856,472

insert

$5,767,172,648

Page 107, after line 26,

insert

3) This appropriation includes funding for the Standards of Quality salary payments for support positions in school divisions of the localities set out below and have been adjusted for the equivalent portion of the Cost of Competing Adjustment (COCA) rates that are paid to the local school divisions in Planning District 8 for SOQ Basic Aid support positions which is 9.83 percent each year.  For the counties of Stafford, Fauquier, Spotsylvania, Clarke, Warren, Frederick, and Culpeper and the Cities of Fredericksburg and Winchester, the SOQ payments have been increased by 25 percent each year of the COCA rates paid to school divisions in Planning District 8.

Explanation:

(This amendment provides $12.0 million the first year and $12.3 million the second year to fund the Cost of Competing Adjustment (COCA) rate for the SOQ Basic Aid support positions at 9.83% in FY 2013 and FY 2014 for school divisions in Planning District 8 (Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park and the counties of Arlington, Fairfax, Loudoun, and Prince William).  The COCA rate for the SOQ Basic Aid support positions for the counties of Clarke, Culpeper, Fauquier, Frederick, Spotsylvania, Stafford, Warren, and the cities of Fredericksburg and Winchester will be funded at 2.46% in FY 2013 and FY 2014.)

DEL. JONES

Page 143, item 180 #2h, introduced

Education:  Higher Education                FY 12-13               FY 13-14

    Old Dominion University                  $750,000                 $750,000   GF

Page 143, line 15

strike

$221,457,708

insert

$222,207,708

Page 143, line 15

strike

$221,463,403

insert

$222,213,403

Page 144, after line 40

insert

L.  Out of this appropriation, $750,000 each year from the general fund is designated to expand research efforts at the Center for Bioelectrics, which uses electrical stimuli in the biomedical area to eliminate cancer cells and tumors without damaging healthy surrounding tissue, accelerate wound healing, and efficiently deliver DNA vaccines.  Non-biomedical areas of research include reducing pollutants in exhaust and establishing effective ground penetrating radar.

Explanation:

(This amendment is self-explanatory.)

DEL. MASSIE

Page 149, item 195 #5h, introduced

Education:  Higher Education                FY 12-13                FY 13-14

   University of Virginia                          $750,000                 $750,000   GF

Page 149, line 33

strike

$527,536,662

insert

$528,286,662

Page 149, line 33

strike

$527,551,709

insert

$528,301,709

Page 151, after line 28

insert

O.  Out of this appropriation, $750,000 each year from the general fund is designated for support of research in noninvasive surgery techniques for treatment of tumors, blood clots, and drug delivery.

Explanation:

(This amendment is self-explanatory.)

DEL. MAY

Page 165, item 223 #3h, introduced

Education:  Higher Education                 FY 12-13                FY 13-14

   Virginia Polytechnic Institute And

   State University                                   $750,000                 $750,000   GF

Page 165, line 41

strike

$521,061,374

insert

$521,811,374

Page 165, line 41

strike

$521,079,714

insert

$521,829,714

Page 167, after line 7

insert

M.  Out of this appropriation, $750,000 each year from the general fund is designated to support and enhance brain disorder research.

Explanation:

(This amendment is self-explanatory.)

DEL. MORRISSEY {Rejected}

Page 220, item 2 #11h, introduced

Health and Human Resources           FY 12-13                     FY 13-14

    Department of Health                     $11,800                      $55,000     GF

Page 220, line 2

strike

$13,040,065

insert

$13,051,865

Page 220, line 2

strike

$6,795,644

insert

$6,850,644

Page 222, line 30

strike

$88,200

insert

$100,000

Page 222, line 30

strike

$45,000

insert

$100,000

Explanation:

(This amendment restores $1,800 the first year and $45,000 the second year from the general fund for the Statewide Sickle Cell Chapters of Virginia and adds $10,000 in each year from the general fund bringing annual funding to $100,000.  The introduced budget reduced funding for these organizations two percent in fiscal year 2013 and 50 percent in fiscal year 2014.)

DEL. HOPE {Withdrawn}

Page 225, item 307 #9h, introduced

Page 225, line 49

strike

$7,438,749,436

insert

$7,458,312,661

DEL. HOPE {Withdrawn}

Page 239, item 307 #9h, introduced

Page 239, after line 5

insert

The Department of Medical Assistance Services shall amend the 1915(c) home- and community-based Intellectual Disabilities Waiver to add 575 slots effective July 1, 2012, and an additional 125 slots effective July 1, 2013.

DEL. SICKLES {Withdrawn}

Page 258, item 341, introduced

Health and Human Resources           FY 12-13                FY 13-14

    Department of

    Social Services                                $30,000                  $30,000     NGF

Page 258, line 50

strike

$174,245,071

insert

$174,275,071

Page 258, line 50

strike

$174,189,267

insert

$174,219,267

Page 259, line 23

strike

$100,000

insert

$130,000

Explanation:

(This amendment provides $30,000 NGF each year from the Internet Crimes Against Children (ICAC) Fund.  The source of the nongeneral funds is the $10 fee on each misdemeanor and felony conviction, which is added as court costs.  A companion amendment to § 3-1.01 in Part 3 of this act transfers these funds.)

DEL. LOPEZ {Rejected}

Page 259, item 343, introduced

Health and Human Resources           FY 12-13                   FY 13-14

    Department of

    Social Services                              $931,000                   $931,000      GF

Page 259, line 36

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$22,517,789

insert

$23,448,789

Page 259, line 36

strike

$22,517,789

insert

$23,448,789

Page 260, after line 51

insert

J.  Out of this appropriation, $931,000 the first year and $931,000 the second year from the general fund shall be used to support child advocacy centers.

Explanation:

(This amendment provides $931,000 from the general fund each year to restore funding for child advocacy centers that was targeted for elimination in the introduced budget.  This amendment restores full funding for child advocacy centers that was reduced by $85,000 from the general fund each year in the Department of Social Services and $846,000 from the general fund each year in the Office of the Secretary of Health and Human Resources.)

DEL. SICKLES {Withdrawn}

Page 288, item 393, introduced

Public Safety                                     FY 12-13                FY 13-14

    Department of

    Criminal Justice

    Services                                        $400,000                $400,000      NGF

Page 288, line 17

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$75,858,738

insert

$76,258,738

Page 288, line 17

strike

$76,371,238

insert

$76,771,238

Page 290, line 40

strike

$1,500,000

insert

$1,500,000

Page 290, line 42

strike

$600,000

insert

$820,000

Page 290, line 43

strike

$600,000

insert

$820,000

Page 290, line 44

strike

$500,000

insert

$680,000

Page 290, line 44

strike

$500,000

insert

$680,000

Page 290, line 51, after each year.

insert

The Department of Criminal Justice Services shall submit a summary annual report to the Governor and the General Assembly on the activities funded through the Internet Crimes Against Children Fund, pursuant to § 17.1-275.12, Code of Virginia, for publication as a House Document for each year.  The report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports no later than the first day of the next Regular Session of the General Assembly and shall be posted on the General Assembly's website.

Explanation:

(This amendment provides $400,000 NGF each year from the Internet Crimes Against Children (ICAC) Fund.  Of this amount, $220,000 each year is provided to the Southern Virginia ICAC Task Force, $180,000 each year is added to the grant program for law enforcement agencies.  The source of the nongeneral funds is the $10 fee on each misdemeanor and felony conviction, which is added as court costs.  A companion amendment to § 3-1.01 in Part 3 of this act transfers these funds.)

DEL. BELL, ROBERT

Page 290, item 393 #7h, introduced

Public Safety

    Department of Criminal Justice Services

Page 290, after line 51

insert

3. Subject to the reports required in paragraph 2 above and notwithstanding the provisions of paragraph AA. of Section 3-1.01 of this act, the Governor may allocate additional funding estimated at $650,000 each year for the prevention of Internet Crimes Against Children as contained in this item; paragraph E. of Item 341; and Item 417 of this act pursuant to § 17.1-275.12, Code of Virginia.

DEL. SICKLES {Withdrawn}

Page 288, item 417, introduced

Public Safety                                     FY 12-13                FY 13-14

    Department of

    State Police                                    $220,000                $220,000      NGF

Page 301, line 7

strike

$230,990,533

insert

$231,810,533

Page 301, line 7

strike

$229,661,531

insert

$230,481,531

Page 302, line 25

strike

$600,000

insert

$820,000

Page 302, line 25

strike

$600,000

insert

$820,000

Explanation:

(This amendment provides an additional $220,000 NGF each year from the Internet Crimes Against Children (ICAC) Fund, created pursuant to § 17.1-275.12, Code of Virginia, for the Northern Virginia Internet Crimes Against Children (ICAC) Fund.  The source of the nongeneral funds is the $10 fee on each misdemeanor and felony conviction, which is added as court costs.  A companion amendment to § 3-1.01 in Part 3 of this act transfers these funds.)

DEL. MARSHALL, R. {Rejected}

Page 331, item 430 #4h, introduced

Transportation

    Secretary of Transportation

Page 331, after line 23

Insert

L. No revenues of the Commonwealth, from whatsoever source, including tolls, shall be allocated, paid, or expended in connection with Phase 2 of the Dulles Corridor Metrorail Project beyond Wiehle Avenue in Fairfax County to Washington Dulles International Airport and on to Virginia Route 772 in Loudoun County if Phase 2 of the Project and its finances will not be subject to audit by either the Virginia Department of Transportation or the Auditor of Public Accounts.

Explanation:

(This amendment prohibits the use of any source of state funding, including tolls, on Phase 2 of the Dulles Corridor Metrorail Project unless the project finances are subject to state audit.)

DEL. MARSHALL, R. {Rejected}

Page 331, item 430 #5h, introduced

Transportation

    Secretary of Transportation

Page 331, after line 23

insert

L. No revenues of the Commonwealth, from whatsoever source, including tolls, shall be allocated, paid, or expended in connection with Phase 2 of the Dulles Corridor Metrorail Project beyond Wiehle Avenue in Fairfax County to Washington Dulles International Airport and on to Virginia Route 772 in Loudoun County if the project or phase of the project is subject to the policy or bylaws of the Metropolitan Washington Airports Authority governing public access to the Authority's meetings is incompatible with Virginia's Freedom of Information Act (§ 2.2-3700 et seq.).

Explanation:

(This amendment prohibits the use of any source of state funding, including tolls, on Phase 2 of the Dulles Corridor Metrorail Project unless the MWAA meets Virginia's open meeting requirements as set out in the Freedom of Information Act.)

DEL. WATTS {Rejected}

Page 343, item 451, introduced

Transportation                                   FY 12-13                FY 13-14

    Department of

    Transportation                           ($53,000,000)            ($53,000,000)

Page 343, line 47

strike

$217,945,846

insert

$164,945,846

Page 343, line 47

strike

$224,330,877

insert

$171,330,877

Explanation:

(This amendment removes the one quarter percent sales tax diversion to highway maintenance.)

DEL. JONES

Page 377, item C-34.10 #2h, introduced

Veterans Affairs And                                   FY 12-13                FY 13-14

Homeland Security

    Department of

    Veterans Services                                   $250,000                   $0     GF

Page 377, after line 26

insert

C-34.10. New Construction:

Hampton                                            $250,000                    $0

Roads Veterans Care Center (17957)

Fund Sources:  General                       $250,000                   $0

1.  Out of this appropriation, $250,000 the first year from the general fund is designated to conduct site evaluation for a new veterans care center in the Hampton Roads area of Virginia.

2.  The Governor is authorized to request federal funds to construct a new veterans care center with up to 240 beds in the Hampton Roads area of Virginia.  After the United States Department of Veterans Affairs has determined that federal funds will be allocated for the new center, the Director, Department of Planning and Budget, shall approve a short-term, interest-free treasury loan in the amount of $28,500,000 to the Department of Veterans Services for the state share of the construction.

Explanation:

(This amendment provides funding to conduct site evaluation for a new veterans care center.  The amendment also provides authority to seek federal funds for the new veterans care center in Hampton Roads and authorizes a short-term treasury loan for Virginia's 35 percent share of the construction once the federal funding is secured.)

DEL. MASSIE

Page 399, Item 3-5.07 #1h, introduced

Adjustments and Modifications to Tax Collections

    Accelerated Sales Tax                                                               Language

Page 399, after line 27

insert

H. If enacted by the 2012 Session of the General Assembly, the additional net general fund revenue from Senate Bill 597, estimated to be $8.8 million from the general fund in the second year, shall be used to further reduce the acceleration of sales tax collections in June of 2014.  This reduction shall be implemented by crediting this additional $8.8 million, on a prorated basis, to the accelerated sales tax payment otherwise due from for each taxpayer in June of 2014, as estimate from the accelerated sales tax payments made by each taxpayer in June of 2013.

Explanation:

(This amendment dedicates the estimated additional general fund revenues anticipated to be generated pursuant to Senate Bill 597 of the 2012 Session of the General Assembly to reduce the accelerated sales tax payment due from affected retailers in June 2014.)

DEL. COLE

Page 401, Item 4-0.01 #4h, introduced

General Provisions

    Operating Policies                                                                Language

Page 401, after line 14

insert

e. 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 directly obtained from human embryos; however, research conducted using stem cells other than 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.

Explanation:

(This amendment would prohibit state funding of embryonic stem cell research itself, but it would also permit entities that conduct such research (without using state money) to receive state funding.  Entities that receive funding for embryonic stem cell research from federal and private sources may also receive state dollars for purposes other than embryonic stem research.  State funding of research on aborted fetuses would be prohibited.)

DEL. ENGLIN {Rejected}

Page 441, Item 4-6.07, introduced

Page 441, after line 51

insert

POSITIONS AND EMPLOYMENT

ANTI-DISCRIMINATION POLICY APPLICABLE TO STATE EMPLOYEES

It is the policy of the Commonwealth that the hiring, promotion, compensation, treatment, discipline, and termination of state employees shall be based on an individual's job qualifications, merit and performance, and that civility, fair treatment, and mutual respect shall be the standard of conduct expected in state employment.  Notwithstanding any other provision of law, any employee of the Commonwealth, including employees of public institutions of higher education, who has been subjected to workplace harassment or discriminatory treatment in hiring, promotion, compensation, treatment, discipline or termination in violation of the Virginia Human Rights Act, § 2.2-3900, et seq., Article 1, Section 11 of the Virginia Constitution or the Equal Protection Clause of the Constitution of the United States, shall have the right to bring a grievance and be protected from retaliation for doing so as provided in the Code of Virginia, § 2.2-3000, et seq. and to seek and obtain any of the remedies permitted pursuant to § 2.2-3005.1A.  The Department of Human Resources Management shall ensure that all state employees are aware of the right to bring a grievance and to be protected from retaliation as provided herein.