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2012 SPECIAL SESSION I

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(HB1301)

AMENDMENT(S) PROPOSED BY THE SENATE

SEN. BLACK

    1. Page 331, after line 23                                                         Item 430 5s

      Transportation

        Secretary Of Transportation                                       Language

      Language:

        Page 331, after line 23, insert:

        “L.1. Except as required by federal law, when engaged in procuring products or services or letting contracts for construction, maintenance, or operation of any transportation facility paid for in whole or in part by state funds, or when overseeing or administering such procurement, construction, maintenance, or operation,  neither the Commonwealth Transportation Board, any state transportation agency, nor any construction manager acting on behalf of the state agency shall, in its bid specifications, project agreements, or other controlling documents require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or related public works projects; or provide an incentive in their scoring favoring entities entering into such agreements or otherwise discriminate against bidders, offerors, contractors, subcontractors, or operators for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related public works projects. Nor shall contractors or subcontractors be prohibited from voluntarily entering into such agreements. No revenues of the Commonwealth, from whatsoever source, shall be paid in connection with a project of an authority established by an interstate compact, if such authority takes actions that state agencies are prohibited from taking under this provision. This provision shall not apply to any phase of such projects commenced prior to the enactment of this provision.

        2.  If an awarding authority, a recipient of grants or financial assistance, a party to a cooperative agreement, or a construction manager acting on behalf of any of them performs in a manner contrary to the provisions of paragraph 1, the state agency awarding the contract, grant, or assistance shall be entitled to injunctive relief to prevent any violation of this section.

        3.  Any interested party, which shall include a bidder, offeror, contractor, subcontractor, or operator, shall have standing to challenge any bid specification, project agreement, neutrality agreement, controlling document, grant, or cooperative agreement that violates the provisions of this section.  Furthermore, such interested party shall be entitled to injunctive relief to prevent any violation of this section.

        4.  These provisions shall not apply to any public-private agreement for any construction or infrastructure project in which the private body, as a condition of its investment or partnership with the state agency, requires that the private body have the right to control its labor relations policy and perform all work associated with such investment or partnership in compliance with all collective bargaining agreements to which the private part is a signatory and is thus legally bound with its own employees and the employees of its contractors and subcontractors in any manner permitted by the National Labor Relations Act, 29 U.S.C. § 151 et seq. or the Railway Labor Act, 45 U.S.C. § 151 et seq.;  prohibit an employer or any other person covered by the National Labor Relations Act or the Railway Labor Act, 45 U.S.C. § 151 et seq.; from entering into agreements or engaging in any other activity protected by law; or be interpreted to interfere with the labor relations of persons covered by the National Labor Relations Act or the Railway Labor Act.”

SEN. NORMENT (WITHDRAWN)

    1. Page 141, line 9                                                                                   Item 176 5s

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

              Norfolk State University                       $250,000              $250,000  GF

      Language:

        Page 141, line 9, strike “$72,994,462” and insert “$73,244,462”.

        Page 141, line 9, strike “$72,996,938” and insert “$73,246,938”.

        Page 142, after line 25, insert:

        “K.1.  Out of this appropriation, $250,000 the first year and $250,000 the second year from the general fund is to support the Center of Excellence in Minority Health Disparities.

        2.  On or before July 1, 2012, Norfolk State University shall submit to the Governor and the Chairmen of the House Appropriations and Senate Finance Committees a report on the planned use of these funds.

        3.  The Department of Planning and Budget shall not allot the $250,000 the first year from the general fund until the report required in paragraph K.2. has been received.”

SEN. NORMENT (WITHDRAWN)

    2. Page 171, line 12                                                                                  Item 231 2s

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

              Virginia State University                       $250,000              $250,000  GF

      Language:

        Page 171, line 12, strike “$28,964,447” and insert “$29,214,447”.

        Page 171, line 12, strike “$28,964,447” and insert “$29,214,447”.

        Page 171, after line 15, insert:

        “A.1.  Out of this appropriation, $250,000 the first year and $250,000 the second year from the general fund is to support faculty research initiative grants to multi-disciplinary teams for the purpose of promoting commercialization and extramural funding.  

        2.  On or before July 1, 2012, Virginia State University shall submit to the Governor and the Chairmen of the House Appropriations and Senate Finance Committees a report on the planned use of these funds.

        3.  The Department of Planning and Budget shall not allot the $250,000 the first year from the general fund until the report required in paragraph A.2. has been received.”

SEN. NORMENT (WITHDRAWN)

    3. Page 220, line 2                                                                                  Item 297 18s

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

        Department Of Health                             $1,500,000                       $0  GF

      Language:

        Page 220, line 2, strike “$13,040,065” and insert “$14,540,065”.

        Page 222, after line 43, insert:

         “T.1.  Out of this appropriation, $1,500,000 the first year from the general fund is designated for the Hampton University Foundation to support efforts at the Proton Therapy Institute, which is dedicated for the use of protons in the treatment of cancerous tumors with fewer side effects.

        2.  On or before December 1, 2012, the Foundation shall submit to the Governor and the Chairmen on the House Appropriations and Senate Finance Committees a report on the specific use of these funds and the efficacy of the use of protons in the treatment of cancerous tumors and its side effects versus other treatment methods currently available to treat the same types of cancerous tumors and their side effects.”

SEN. NORMENT (WITHDRAWN)

    4. Page 298, line 40                                                                                  Item 411 2s

       Public Safety                                                   FY 12-13               FY 13-14

        Department Of Military Affairs                   $500,000            $500,000  GF

      Language:

        Page 298, line 40, strike “$3,014,944” and insert “$3,514,944”.

        Page 298, line 40, strike “$3,014,944” and insert “$3,514,944”.

        Page 298, after line 43, insert:

        "A.1. Out of this appropriation, up to $500,000 the first year and $500,000 the second year from the general fund is designated to provide members of the Virginia National Guard that currently qualify for out-of-state tuition at a public institution of higher education a grant of up to the differential between out-of-state and in-state tuition.

        2. The amount of the award is an estimate depending on the number of students that are eligible.

        3. The Adjutant General, Department of Military Affairs, shall allocate these funds to public institutions of higher education on behalf of students qualifying under this provision.

        4. Each institution shall report the number of recipients for this program to the State Council of Higher Education for Virginia by April 1 of each year. The State Council of Higher Education for Virginia shall report this information to the Chairmen of the House Appropriations and Senate Finance Committees by May 15 of each year."

SEN. NORMENT (WITHDRAWN)

    5. Page 83, line 12                                                                                   Item 120 2s

      Commerce And Trade                                      FY 12-13            FY 13-14

        Department Of Mines, Minerals                   ($500,000)                    $0  GF

        And Energy

      Language:

        Page 83, line 12, strike “$2,912,973” and insert “$2,412,973”.

        Page 83, strike line 30 through line 32.

SEN. SASLAW

    1. Page 358, line 9                                                                                   Item 469 4s

      Central Appropriations                                      FY 12-13         FY 13-14

        Central Appropriations                              $1,567,944       $1,567,944    GF

      Language:

        Page 358, line 9, strike “$12,962,240” and insert “$14,530,184”.

        Page 358, line 9, strike “$30,042,240” and insert “$31,610,184”.

        Page 360, following line 11, insert:

        “K.1. Each (i) insurer proposing to issue individual or group accident and sickness insurance policies providing hospital, medical and surgical, or major medical coverage on an expense-incurred basis; (ii) corporation providing individual or group accident and sickness subscription contracts; and (iii) health maintenance organization providing a health care plan for health care services, whose policies, contracts, or plans, including any certificate or evidence of coverage issued in connection with such policies, contracts, or plans, shall include coverage for fetal transabdominal ultrasound imaging on the patient undergoing an abortion for the purpose of determining gestational age, as required by § 18.2-76.

        2. The requirements of this section shall apply to all insurance policies, contracts, and plans delivered, issued for delivery, reissued, renewed, or extended or at any time when any term of any such policy, contract, or plan is changed or any premium adjustment is made, on and after the effective date of this section. The provisions of this section shall not apply to short-term travel, accident only, limited or specific disease, or individual conversion policies or contracts, nor to policies or contracts designed for issuance to persons eligible for coverage under Title XVIII of the Social Security Act, known as Medicare, or any other similar coverage under state or federal governmental plans.

        3. This section shall apply to health coverage offered to state employees pursuant to § 2.2-2818 and to health insurance coverage offered to employees of local governments, local officers, teachers, and retirees, and the dependents of such employees, local officers, teachers and retirees pursuant to § 2.2-1204.

        4. This section shall apply to health coverage provided under § 32.1-325 and § 32.1-351.

        5. Out of the amounts for this item shall be paid $1,567,944 in FY 2013 and $1,567,944 in FY 2014 to cover the full costs of the fetal transabdominal ultrasound imaging as required by § 18.2-76 for uninsured Virginians. The Secretary of Health and Human Resources shall develop a plan for the direct payment to providers or reimbursement to individuals for fetal transabdominal ultrasound imaging as required by this item.

        6. Payments or reimbursements under this provision shall not be provided to facilities that perform five or more first trimester abortions per month licensed under § 32.1-127 with the exception of academic medical centers and inpatient hospitals.”

SEN. BLACK

    2. Page 243, line 30

      Department of Department Health and Developmental Services

        Item 314

      Page 243, after line 30, insert:

        “L.1. The Commissioner of the Department of Behavioral Health and Developmental Services may achieve savings to address the requirements of the settlement agreement between the federal Department of Justice and the Commonwealth, if approved by the Court, from the following sources: (A) reductions in the census at State Intellectual Disabilities Training Centers for people who choose to accept the waiver slots and leave the Centers; and (B) (1) the closure of one or more Intellectual Disabilities Training Center, if the General Assembly decides to close one or more Centers after considering alternatives to closure, or (2) The consolidation of the residents in the Intellectual Disabilities Training Centers into fewer buildings and utilization of any excess property for other purposes through leases or the sale of such property, if the General Assembly chooses to leave the training centers open.  The Commissioner is not limited to paying for the settlement agreement from these savings.

        M. The Commissioner may take into consideration the costs of all reasonable options, the wishes of the affected parties, the capacity of the community to develop and provide quality care in a specific time period for any residents who leave the Intellectual Disabilities Training Centers, and whether such care will provide comparable safety and well-being for those residents and others with similar disabilities who presently reside in the community when deciding between the options under paragraph B(1) and (2).”

SEN. NORMENT

    6. Page 339, after line 6                                                                           Item 446 4s

      Transportation

        Department Of Transportation                                       Language

      Language:

        Page 339, after line 6, insert:

        "F. From the appropriation for dedicated and statewide construction, the Commonwealth Transportation Board shall determine an amount, not less than $119,000,000 in the first year, for a one year suspension of tolls levied and collected at certain toll facilities owned and operated by the Commonwealth or a political subdivision thereof. Included in this amount is an estimated $17,000,000 for Commonwealth-owned facilities, including the Coleman Bridge and Powhite Parkway Extension, and shall be transferred to Item 448 of this Act. An amount estimated at $45,500,000 shall be transferred to the Chesapeake Bay Bridge Tunnel Authority, an amount estimated at $35,500,000 shall be transferred to the Richmond Metropolitan Authority, an amount estimated at $14,000,000 for the Pocahontas Parkway, and an amount estimated at $7,000,000 for the Chesapeake Expressway. Prior to disbursement of any funding authorized herein, each entity with responsibility for the annual operations and maintenance of these facilities shall submit pro forma financial statements for the most current fiscal year to the Commonwealth Transportation Board for verification of the estimated toll mitigation amount. The Commonwealth Transportation Board shall take appropriate action to authorize any such distribution at the next scheduled regular business meeting following receipt and verification of the request."

SEN. STANLEY

    1. Page 360, after line 11                                                         Item 469 6s

      Language:

        Page 360, after line 11, insert:

        “K. Out of the appropriation for this Item, $500,000 the first year shall be available for Meadows of Dan Elementary School in Patrick County to assist with the cost of damages due to the August 13, 2011 fire.”

SEN. GARRETT (WITHDRAWN)

    1. Page 360, after line 11                                                         Item 469 6s

      Language:

        Page 360, after line 11, insert:

        “K. Out of the appropriation for this Item, $1,100,000 the first year and $1,100,000 the second year shall be available for Louisa Public Schools to assist with the cost of damages due to the August 23, 2011 earthquake.”

SEN. GARRETT

    2. Page 360, after line 11                                                         Item 469 6s

      Language:

        Page 360, after line 11, insert:

        “K. Out of the appropriation for this Item, $1,200,000 the second year shall be available for Louisa Public Schools to assist with the cost of damages due to the August 23, 2011 earthquake.”

SEN. OBENSHAIN

    1. Page 331, after line 23                                                                Item 430 4s

      Transportation

        Secretary Of Transportation                                       Language

      Language:

        Page 331, after line 23, insert:

        “L.1. Except as required by federal law, when engaged in procuring products or services or letting contracts for construction, maintenance, or operation of any transportation facility paid for in whole or in part by state funds, or when overseeing or administering such procurement, construction, maintenance, or operation, neither the Commonwealth Transportation Board, any state transportation agency, nor any construction manager acting on behalf of the state agency shall, in its bid specifications, project agreements, or other controlling documents require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or related public works projects; or provide an incentive in their scoring favoring entities entering into such agreements or otherwise discriminate against bidders, offerors, contractors, subcontractors, or operators for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related public works projects. Nor shall contractors or subcontractors be prohibited from voluntarily entering into such agreements.

        2. If an awarding authority, a recipient of grants or financial assistance, a party to a cooperative agreement, or a construction manager acting on behalf of any of them performs in a manner contrary to the provisions of paragraph 1, the state agency awarding the contract, grant, or assistance shall be entitled to injunctive relief to prevent any violation of this section.

        3. Any interested party, which shall include a bidder, offeror, contractor, subcontractor, or operator, shall have standing to challenge any bid specification, project agreement, neutrality agreement, controlling document, grant, or cooperative agreement that violates the provisions of this section. Furthermore, such interested party shall be entitled to injunctive relief to prevent any violation of this section.

        4. These provisions shall not apply to any public-private agreement for any construction or infrastructure project in which the private body, as a condition of its investment or partnership with the state agency, requires that the private body have the right to control its labor relations policy and perform all work associated with such investment or partnership in compliance with all collective bargaining agreements to which the private part is a signatory and is thus legally bound with its own employees and the employees of its contractors and subcontractors in any manner permitted by the National Labor Relations Act, 29 U.S.C. § 151 et seq. or the Railway Labor Act, 45 U.S.C. § 151 et seq.; prohibit an employer or any other person covered by the National Labor Relations Act or the Railway Labor Act, 45 U.S.C. § 151 et seq.; from entering into agreements or engaging in any other activity protected by law; or be interpreted to interfere with the labor relations of persons covered by the National Labor Relations Act or the Railway Labor Act."