AMENDMENT(S) PROPOSED BY THE HOUSE APPROPRIATIONS

AMENDMENTS PRINTED SEPARATELY

AMENDMENT(S) PROPOSED BY THE HOUSE

DEL. LANDES

Page 40, item 61 #2h, introduced

Executive Offices                                FY 12-13               FY 13-14

    Attorney General And                       $0                     $250,000        GF

    Department Of Law                         0.00                         3.00          FTE

Page 40, line 33

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$3,270,910

insert

$3,520,910

Page 40, line 40, before Included

insert

A.

Page 41, after line 3

insert

B. From amounts anticipated to be deposited into the Regulatory, Consumer Advocacy, Litigation, and Enforcement Revolving Trust Fund as established in Item 48 of Chapter 966 of the Acts of Assembly of 1994 representing payments received pursuant to legal settlements entered into by the Commonwealth, $250,000 the second year shall be used to support enhanced tobacco enforcement.

2. The Director, Department of Planning and Budget shall make the following transfers from the Fund: (i) $2,550,000 shall be transferred to the Housing Trust Fund established in Item 108 G. of this Act, and (ii) $4,000,000 shall be transferred to Item 266 D. of this Act as an advance deposit to the Revenue Stabilization Fund. These amounts shall be in addition to any other appropriations for these Items as set out in this Act.

Explanation:

(This amendment reflects the deposit of an additional $6,800,000 into the Regulatory, Consumer Advocacy, Litigation, and Enforcement Revolving Trust Fund within the Office of the Attorney General as a result of multiple legal settlements which provide funding to the Commonwealth, including funds from settlements with a mortgage loan default services company, settlements resulting from pharmaceutical marketing practices and additional consumer settlements anticipated to be finalized within 90 days. The availability of these funds was reported to the General Assembly by the Attorney General on February 5, 2013. The amendment directs the uses of these funds as follows: $250,000 and 3.0 FTEs in the second year for the Office of Attorney General for enhanced enforcement regarding tobacco tax enforcement, $2,550,000 for the Housing Trust Fund, and $4,000,000 to supplement the proposed advanced deposit to the Revenue Stabilization Fund. Also contained in this amendment is an additional $250,000 from the GF for enhanced tobacco enforcement as had been previously contemplated by the Committee.)

DEL. TOSCANO

Page 491, item 3-5.09 #2h, introduced, after line 28

Adjustments and Modifications to Tax Collections

Sales Tax Commitment to Highway Maintenance and Operating Fund

insert

D. If legislation proposed by the 2013 Session of the General Assembly implementing the provisions of paragraphs A of this item is not adopted by the 2013 General Assembly, the revenues generated by a 0.05 percent portion of the sales and use tax pursuant to § 58.1-638, Code of Virginia, shall not be paid to the Highway Maintenance and Operating Fund as outlined by paragraph A of this item, but shall instead be transferred to Item 139, and will be used for an additional one percent teacher pay raise that would be effective Sept 1, 2013. This amount would be in addition to any other salary incentive amounts included in Item 139.

DEL. COX K.

Page 107, item 134 #2h, introduced, after line 34

Education: Elementary & Secondary

Department of Education, Central Office Operations

insert

C.1. Out of this appropriation, $600,926 the second year from the general fund is provided to the Department of Education to support implementation of the Opportunity Educational Institution. The Institution shall be established to provide an appropriate education for children attending any public elementary or secondary school that has been transferred to the Institution pursuant to § 22.1-27.2, Code of Virginia. The Institution shall be administered and supervised by the Opportunity Educational Institution Board, as established in § 22.1-27.1, Code of Virginia. The Board, in administering and supervising the Institution, shall be vested with all of the powers and duties of a local school board that are set forth in the Constitution of Virginia and Code of Virginia.

2. Any school that has been denied accreditation for the previous two school years shall be transferred to the Opportunity Educational Institution.

3. The Board shall supervise and operate schools in the Opportunity Educational Institution in whatever manner that it determines to be most likely to achieve full accreditation for each school in the Institution, including the utilization of charter schools and college partnership laboratory schools.

4. Each school transferred to the Opportunity Educational Institution shall be eligible to return to the local school division upon achieving full accreditation.

5. At the end of each school year, the Board shall make a report to the Governor and the General Assembly and the resident local school division setting forth the status of each school in the Institution, the nature of its faculty and administration, the size of its student body, its organizational and management structure, and the levels of improvement in student academic performance.

6. No later than six months prior to the expiration of a school's fifth year in the Institution, the Board shall decide whether to retain the school in the Institution for a specified number of additional school years or transfer the school back to its previous local school division.

7. Each student enrolled in a school under the supervision of the Institution shall have his proportionate state, local, and federal shares of per pupil funding transferred from the local school division of residence to the Institution. The proportional share of such per pupil funding transferred shall consist of (i) any accounts paid on the basis of student enrollment, including fall membership, March 31 average daily membership, and school-aged population; (ii) the proportionate share of applicable federal aid programs allocated for students and teachers in the Institution, including Individuals with Disabilities Education Act (IDEA) (20 U.S.C. § 1400 et seq.), Title I of the No Child Left Behind Act of 2001 (20 U.S.C. § 6301 et seq.), and the Teacher Training Grant Program pursuant to part A of Title II of the No Child Left Behind Act of 2001 (20 U.S.C. § 6301 et seq.); (iii) the proportionate share of state monies that are allocated under other applicable Direct Aid to Public Education programs and that are not included in subpart (i) of this subsection; (iv) the per pupil required local effort for the Standards of Quality programs; (v) the per pupil required local match for any optional direct aid programs in which the school division participates that are applicable to the enrollment of the Institution; and (vi) any other proportionate share of local funding not included in subparts (iv) and (v) of this subsection that would otherwise be provided for such students enrolled in the school if the school had remained under the supervision of the local school board.

8. The Institution and the local school division of residence shall take all actions necessary to facilitate transfer of funding as prescribed in subsection A on a schedule that is sufficient for the operation of the Institution. For any school under the supervision of the Institution, the Institution shall certify to the applicable local school division of residence the enrollment of any such school on a schedule that is sufficient for the timely transfer of such payments. The Institution shall also be responsible for submitting to the resident school division any data necessary to meet any local, state, and federal reporting requirements.

9. Students enrolled in a school under the supervision of the Institution shall be included in all applicable enrollment counts of the local school division of residence. Such students shall be counted in the required local effort of Standards of Quality programs and any required local match for optional programs applicable to the local school division of residence.

Explanation:

(This amendment supports the implementation of the Opportunity Educational Institution, as proposed by House Bill 2096.)

DEL. KORY [Rejected]

Page 27, item 134 #2h, introduced, after be [ in the 4. paragraph ]

strike

eligible to return to the local school division upon achieving full accreditation

insert

returned to the consenting local school division upon achieving full accreditation for two (2) consecutive years

DEL. KORY [Rejected]

Page 27, item 134 #2h, introduced, after shall [ in the 6. paragraph ]

strike

decide whether to retain the school in the Institution for a specified number of additional school years or transfer the school back to its previous local school division

insert

hold a public hearing in the school's locality as part of the decision-making process whether to return the school back to its previous local school division or retain for specific number of years

DEL. HOPE [Withdrawn]

Page 280, item 307 #39h, introduced, after line 14

Health and Human Resources

Department of Medical Assistance Services

insert

JJJJ.1. The Department of Medical Assistance Services shall seek federal authority through any necessary waiver(s) and/or State Plan authorization under Titles XIX and XXI of the Social Security Act to implement a comprehensive value-driven, market-based reform of the Virginia Medicaid/FAMIS programs. The reform shall be phased-in to incorporate current efforts to improve service delivery and health care outcomes of selected Medicaid populations and services and ensure federal approval is obtained in order to implement such changes.

2. In the first phase, the Department of Medical Assistance Services shall reform the Virginia Medicaid/FAMIS service delivery model for all recipients subject to a Modified Adjusted Gross Income (MAGI) methodology for program eligibility and any other recipient categories not excluded from the Medallion II managed care program. The reformed service delivery model shall include principles of commercial health insurance, including but not limited to benefit design and participant cost-sharing, and shall encourage the development and implementation of value-based, coordinated purchasing. To administer this reformed delivery model, the department shall contract with qualified health plans to offer recipients a Medicaid benefit package adhering to these principles, as well as those included under paragraph RR.e. of this item guiding the care coordination of nontraditional behavioral health services. This reformed service delivery model shall be mandatory, to the extent allowed under the relevant authority granted by the federal government, for all relevant recipients in the Medicaid/FAMIS programs. Additional services such as, nontraditional behavioral health services, offered to relevant recipients outside of the reformed delivery model shall be included, with federal approval, when deemed by the Department to be cost-effective for the Commonwealth.

3. In the second phase, the Department of Medical Assistance Services shall reform the Virginia Medicaid service delivery model to include all remaining Medicaid populations in a managed and coordinated delivery system, including those receiving long-term care as well as Medicaid enrollees who are dually eligible for Medicaid and Medicare who reside in regions of the Commonwealth that were not included in the dual-eligible managed care system demonstration program proposed under the Medicare-Medicaid Alignment Initiative with the Centers for Medicare and Medicaid Services.

4.a. The Department of Medical Assistance Services shall seek federal approval of the necessary waiver(s) and/or State Plan authorization under Titles XIX and XXI of the Social Security Act to reform the Virginia Medicaid/FAMIS service delivery model as set forth in paragraphs 2 and 3 of this item. The department shall have authority to implement necessary changes when feasible after federal approval and prior to the completion of any regulatory process undertaken in order to effect such change.

b. Upon federal approval of the necessary waiver(s) and/or State Plan authorization to reform the Virginia Medicaid/FAMIS service delivery model and federal approval of the implementation of a dual-eligible managed care system proposed under the Medicare-Medicaid Alignment Initiative with the Centers for Medicare and Medicaid Services, the Department of Medical Assistance Services shall provide a report to the General Assembly on the specific waiver and/or State Plan changes that have been approved, plans for implementation of such changes, and associated cost savings or cost avoidance to Medicaid/FAMIS expenditures.

5. Contingent upon completion of the provisions contained in paragraphs 4.a. and b., the department shall seek approval from the General Assembly to amend the State Plan for Medical Assistance under Titles XIX of the Social Security Act, and any amendments thereto, to provide coverage of individuals in Virginia meeting criteria as specified under Section 2001(a) of the Patient Protection and Affordable Care Act (P.L. 111-148), as amended by the Health Care and Education and Reconciliation Act of 2010 (P.L. 111-152). Such coverage shall also utilize a service delivery model which incorporates the principles of commercial health insurance, including but not limited to benefit design, reasonable limits on non-essential benefits such as transportation, and promotion of patient responsibility through reasonable cost-sharing and active engagement in health and wellness activities to improve health and control costs. Such reform shall encourage the development and implementation of value-based, coordinated purchasing. The department shall contract with qualified health plans to offer recipients a benefit package adhering to these principles as well as those included under paragraph RR.e. of this item guiding the care coordination of nontraditional behavioral health services.

6.a. In the event that the provision in paragraph 5 become effective, and increased federal medical assistance percentages for newly eligible individuals is reduced below those included in 42 U.S.C. § 1396d(y)(1)[2010] of the PPACA, the Department of Medical Assistance Services shall begin the process of disenrolling individuals who became eligible consistent with the expansion of eligibility up to 133 percent of poverty.

b. In the event that the provision in paragraph 5 become effective, and the methodology for calculating the federal medical assistance percentage of Title XIX of the Social Security Act is modified through federal law or regulation from the methodology in effect on January 1, 2013, resulting in a reduction in federal medical assistance, the Department of Medical Assistance Services shall begin the process of disenrolling individuals who became eligible consistent with the expansion of eligibility up to 133 percent of poverty.

KKKK.1. The Director of the Department of Medical Assistance Services shall continue to make improvements in the provision of health and long-term care services under Medicaid/FAMIS that are consistent with evidence-based practices and delivered in a cost effective manner to eligible individuals.

2. In order to effect such improvements and ensure that reform efforts are cost effective relative to current forecasted Medicaid/FAMIS expenditure levels, the Department of Medical Assistance Services shall develop a five-year consensus forecast of expenditures and savings associated with the Virginia Medicaid/FAMIS reform efforts by September 1 of each year in conjunction with the Department of Planning and Budget, and with input from the House Appropriations and Senate Finance Committees.

3. The Department shall develop an estimate of the cost to develop, launch and effectively oversee the reform initiatives, including the cost of collecting and analyzing data to assess spending and evaluate outcomes of reform efforts. This estimate shall be provided to the Director, the Department of Planning and Budget for consideration by the Governor in his executive budget and amendments to the Appropriation Act.

Explanation:

(This amendment adds language to implement a comprehensive Virginia Medicaid/FAMIS reform incorporating principles of commercial benefit packages, and value-based, coordinated purchasing to encourage the appropriate use of high value services, adoption of healthy lifestyles, and adherence to evidence-based treatment guidelines. Language provides for phasing in reforms beginning with enrollees not excluded from the current Medallion II managed care program and continuing with enrollees who are not currently included in the Medallion II program, including those receiving long-term care services and those who are dually eligible for Medicaid and Medicare and who are not currently slated to participate in the proposed dual-eligible managed care system demonstration program.

Language requires the Department of Medical Assistance Services (DMAS) to seek necessary federal waiver(s) and/or State Plan amendments to implement Medicaid/FAMIS service delivery system reforms and report on those changes approved by the federal government, as well as plans for implementing reforms.

Language directs DMAS to seek Medicaid expansion of Medicaid to individuals with incomes up to 133 percent of the federal poverty level pursuant to the federal Patient Protection and Affordable Care Act, contingent upon federal approval of specific reforms, implementation of reforms. Further, expansion is also contingent on the continued financial commitment of the federal government for the Medicaid expansion as specified in the law and any modifications to the existing methodology for calculating the federal medical assistance for the existing Medicaid program, which results in a reduction in federal financial participation. Language also incorporates program service delivery reforms for the Medicaid expansion population. Budget language directs that individuals who enroll in the program if Medicaid is expanded be disenrolled if the federal government reduces the enhanced Medicaid match rates to the Commonwealth below those specified in the federal law or changes the existing method of calculating federal financial participation for the current Medicaid program if it results in a reduction. Finally, language requires the Department to continue to make improvement in Medicaid/FAMIS to ensure the delivery of appropriate, cost effective services. In addition, the Department is required to conduct a five-year forecast of the expenditures and savings associated with Medicaid/FAMIS reform, along with cost estimates to develop, implement and effectively oversee reform initiatives.)

DEL. MARSHALL R. [Pass By]

Page 38, item 54 #2h, introduced

Executive Offices

Office of the Governor

Page 38, introduced, line 8, before Out

insert

A.

Page 38, introduced, after line 9

insert

B. 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 Service Act, and in accompanying federal regulation which provides for fines equal to the greater of the cost of an offered health plan or one percent of their salary in the first year, two percent the second year, 2.5 percent after that if employees do not purchase health insurance coverage for contraceptive methods, sterilization procedures or abortifacients 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 federal Patient Protection and Affordable Care Act requiring employees to purchase insurance coverage for contraceptive methods, sterilization procedures or abortifacients contrary to their religious tenets.)

DEL. MARSHALL R. [Pass By]

Page 38, item 54 #3h, introduced

Executive Offices

Office of the Governor

Page 38, introduced, before Out

insert

A.

Page 38, introduced, after line 9

insert

B. 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 Service Act, and in accompanying federal regulations. Requiring employers, including self-insured employers or their health insurance providers, to offer health 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 federal Patient Protection and Affordable Care Act requiring employers to offer insurance coverage for contraceptive methods, sterilization procedures or abortifacients for employees when such religious employers deem such services contrary to their religious tenets.)

DEL. SICKLES [Rejected]

Page 69, item 87 #3h, introduced

Administration                                   FY 12-13               FY 13-14

    State Board Of Elections                        $0                     $2,500,000   GF

Page 69, line 50

strike

$6,894,372

insert

$9,394,372

Page 70, after line 32

insert

F. Included in the appropriation for this item is $2.5 million the second year from the general fund to provide funding to reimburse local registrars for the purchase of new optical scan tabulators and electronic poll books, privacy booths and ballot marking devices. The State Board of Elections has the authorization to negotiate statewide prices for the equipment and may require a local match if the state funding is not sufficient. No funds from this appropriation shall be used to purchase direct recorded electronic voting machines.

Explanation:

(This amendment provides $2.5 million from the general fund in fiscal year 2014 for the purchase of updated voting equipment to assist in the transition to optical scan tabulators and electronic poll books.)

DEL. LOPEZ [Withdrawn]

Page 90, item 108 #5h, introduced, after line 17

Commerce and Trade

Department of Housing and Community Development

insert

H. In addition to the amounts provided in paragraph G. of this Item, there shall be appropriated an amount, not to exceed $3,500,000 in the second year from the general fund, to the Housing Trust Fund contingent upon additional revenue in such amount being provided to the Commonwealth as a result of a settlement with Lender Processing Services, Inc. and its subsidiaries LPS Default Solutions and DocX. Any amount provided pursuant to this paragraph shall be subsequent to depositing such amounts from the settlement agreement revenues as required by law to the Regulatory, Consumer Advocacy, Litigation and Enforcement Revolving Trust fund as established in Item 48 of Chapter 966 of the 1994 Acts of Assembly and any additional conditions and restrictions on the use of such funds set out by in the terms of the agreement.

Explanation:

(This amendment makes a contingent appropriation of up to $3.5 million from the general fund in the second year to the Housing Trust Fund if the Commonwealth receives such monies as a result of a settlement in mortgage servicing matters with a Florida-based mortgage loan default services company. The Deposit to the Housing Trust Fund would be made subsequent to making deposits as required by law to the Attorney General's revolving trust fund and any other stipulations contained in the agreement.)

DEL. BULOVA [Rejected]

Page 124, item 139 #30h, introduced, after line 34

Education: Elementary & Secondary

Direct Aid to Public Education

insert

4) For purposes of calculating re-benchmarking costs for Basic Aid for the 2014-2016 biennium, the Department of Education shall take into consideration the recommendations for appropriate levels of instructional and support cost of competing adjustment levels found in the Joint Legislative Audit and Review Commission in the December 10, 2012, Technical Report: Cost of Competing Adjustment for School Divisions in Northern Virginia.

Explanation:

(This amendment is self-explanatory.)

DEL. TOSCANO [Rejected]

Page 254, item 295 #2h, introduced, after line 48

Health and Human Resources

Department Of Health

insert

F. Out of this appropriation, $200,000 from nongeneral funds the second year shall be used to provide breast and cervical cancer screenings provided through Planned Parenthood Metropolitan Washington Inc., Planned Parenthood Health systems, inc., Planned Parenthood Southeastern Virginia Inc., Virginia League of Planned Parenthood, and other entities that provide family planning services in the Commonwealth.

Explanation:

(This amendment allocates funding in the Virginia Department of Health from the Breast and Cervical Cancer Screening Program to Planned Parenthood organizations serving Virginia women.)

DEL. KORY [Rejected]

Page 260, item 301 #1h, introduced, after line 38

Health and Human Resources

Department Of Health

insert

A.1. Any qualified medical professional who performs ultrasound imaging pursuant to § 18.2-76 B, Code of Virginia, shall not bill the patient for such procedure, but shall instead submit a bill for the cost of the procedure to the Department of Health.

2. The Department of Health shall pay any bills it receives pursuant to paragraph A.1. of this item with any funds appropriated for such purposes by the General Assembly.

3. Notwithstanding any other provision of law or regulation, the provisions of § 18.2-76, Code of Virginia, shall not be effective unless an appropriation of the general fund is included in a general appropriation act passed by the 2013 Session of the General Assembly which becomes law, to provide for the payment of ultrasound procedures submitted to the Department of Health pursuant to paragraph A.1.

Explanation:

(This amendment directs that any medical professional performing ultrasound imaging pursuant to § 18.2-76 B, Code of Virginia, which sets forth requirements related to ultrasound imaging as part of informed consent for abortion, shall not bill the patient but instead submit a bill for the cost of the procedure to the Virginia Department of Health. It also directs the Department of Health to pay any bills for such procedure out of funds appropriated for such purpose by the General Assembly. If funds are not appropriated for such purpose by the 2013 General Assembly, the requirements for such procedure shall not be in effect.)

DEL. TOSCANO [Rejected]

Page 307, item 341 #5h, introduced, after line 30

Health and Human Resources

Department Of Social Services

insert

I. As a condition of appropriation in this item, no state agency, instrumentality of the Commonwealth, or child placing agency receiving funds for foster care or adoption services, shall discriminate against any Virginia resident based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, sexual orientation or status as a special disabled veteran or other veteran covered by the Veterans Readjustment Assistance Act of 1974, as amended.

Explanation:

(This amendment conditions the appropriation of funds for child welfare services.)

DEL. MARSHALL R. [Pass By]

Page 310, item 345 #3h, introduced

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

Dept of Social Services                                           $0               $1,000,000  GF

Page 310, line 16

strike

$84,867,609

insert

$85,867,609

Page 311, after line 50

insert

H.1. Out of this appropriation, $1,000,000 from the general fund the second year shall be provided for compensation of Virginia residents who were involuntarily sterilized under the authority of the Virginia Eugenical Sterilization Act and who were living on November 15, 2012, and submit a claim to the Department of Social Services before December 31, 2016.

2. A claimant determined to be a qualified recipient shall receive compensation in the amount of $50,000 from funds appropriated for purposes described in paragraph H.1. of this item.

Explanation:

(This amendment provides $1.0 million from the general fund the second year to provide compensation to Virginia residents who were involuntarily sterilized under the authority of the Virginia Eugenical Sterilization Act and who were living on November 15, 2012, and submit a claim to the Department of Social Services before December 31, 2016.)

DEL. MARSHALL R. [Pass By]

Page 330, item 372 #2h, introduced, after line 32

Natural Resources

Department of Historic Resources

insert

K. The Hasley Jennings building shall be preserved and protected and shall be the exclusive property of the Commonwealth. Preservation and protection of such property shall be the responsibility of all state agencies. Insofar as may be practicable, such property shall be preserved, protected, and displayed for public benefit within the county or city within which it is found, or within a museum operated by a state agency. The Hasley Jennings building is hereby declared to be a public body and instrumentality for the purpose of preserving and protecting Virginia's history and role in the now discredited science of eugenics.

Explanation:

(This amendment provides for the designation of the Hasley Jennings Building, on the campus of Central Virginia Training Center, as a public body and instrumentality and designates the building as the exclusive property of the Commonwealth. All state agencies are responsible for preserving and protecting this structure and the locality in which the building is located is, as practicable, to display the building for public benefit.

The Central Virginia Training Center was formerly called the Virginia Colony for the Epileptic and Feebleminded, an institution used to both involuntarily institutionalize and to forcibly sterilize citizens under the Virginia Eugenical Sterilization Act of 1924. The Hasley Jennings building at the Virginia Colony is where many individuals, including Carrie Buck, defendant of the infamous Buck v. Bell case, were sterilized.)

DEL. MARSHALL R. [Ruled Not Germane]

Page 334, item 379 #1h, introduced, after line 20

Office of Public Safety

Secretary of Public Safety

insert

C. Notwithstanding any contrary provision of law, no agency of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, no political subdivision of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, and no employee of either, acting in his official capacity, shall:

1. Knowingly aid any employee or entity of the federal government of the United States in any investigation, prosecution, detention, or arrest, nor participate in any search or seizure, relating to any, criminal, civil, or administrative restrictions on firearms, firearm magazines, ammunition, or components thereof, based on any federal statute enacted, or federal executive order or regulation issued, after December 31, 2012; or

2. Knowingly aid any employee or entity of the federal government of the United States in the enforcement of any requirement enacted or imposed after December 31, 2012, for any background check related to any intrastate sale, loan, gift, or other transfer of firearms between citizens of the Commonwealth who do not possess any federal firearms license under 18 U.S.C. § 923.

D. The provisions of subsection C shall not apply to participation by state or local law enforcement or Virginia National Guard or Virginia Defense Force in joint task forces, partnerships, or other similar cooperative agreements with federal law enforcement as long as such task forces, partnerships, or cooperative agreements are not for the purpose of participating in such investigation, prosecution, detention, or arrest under any federal statute enacted, or federal executive order or regulation issued, after December 31, 2012.

Explanation:

(This amendment prevents any agency, political subdivision, or employee of Virginia from assisting the federal government of the United States in any investigation, prosecution, detention, arrest, search, or seizure, under the authority of any federal statute enacted, or federal executive order or regulation issued, after December 31, 2012, infringing the individual right to keep and bear arms by imposing new restrictions on private ownership or private transfer of firearms, firearm magazines, ammunition, or components thereof.)

DEL. MARSHALL R. [Ruled Not Germane]

Page 362, item 418 #1h, introduced, after line 33

Office of Public Safety

Department of State Police

insert

A. Notwithstanding any contrary provision of law, no agency of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, no political subdivision of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, and no employee of either, acting in his official capacity, shall:

1. Knowingly aid any employee or entity of the federal government of the United States in any investigation, prosecution, detention, or arrest, nor participate in any search or seizure, relating to any, criminal, civil, or administrative restrictions on firearms, firearm magazines, ammunition, or components thereof, based on any federal statute enacted, or federal executive order or regulation issued, after December 31, 2012; or

2. Knowingly aid any employee or entity of the federal government of the United States in the enforcement of any requirement enacted or imposed after December 31, 2012, for any background check related to any intrastate sale, loan, gift, or other transfer of firearms between citizens of the Commonwealth who do not possess any federal firearms license under 18 U.S.C. § 923.

B. The provisions of subsection A shall not apply to participation by state or local law enforcement or Virginia National Guard or Virginia Defense Force in joint task forces, partnerships, or other similar cooperative agreements with federal law enforcement as long as such task forces, partnerships, or cooperative agreements are not for the purpose of participating in such investigation, prosecution, detention, or arrest under any federal statute enacted, or federal executive order or regulation issued, after December 31, 2012.

Explanation:

(This amendment prevents any agency, political subdivision, or employee of Virginia from assisting the federal government of the United States in any investigation, prosecution, detention, arrest, search, or seizure, under the authority of any federal statute enacted, or federal executive order or regulation issued, after December 31, 2012, infringing the individual right to keep and bear arms by imposing new restrictions on private ownership or private transfer of firearms, firearm magazines, ammunition, or components thereof.)

DEL. TOSCANO [Withdrawn]

Page 364, item 423 #4h, introduced

Technology                                    FY 12-13                     FY 13-14

Innovation And Entrepreneurship  $10,000,000    $10,000,000 GF
Investment Authority

Page 364, line 12

strike

$5,926,877

insert

$15,926,877

Page 364, line 13

strike

$5,782,500

insert

$15,782,500

Page 364, line 40, after F.

insert

1.

Page 364, after line 45

insert

2. Out of the amounts appropriated in this item, $10,000,000 the first year and $10,000,000 the second year from the general fund is provided for the expansion of broadband communication services. The amounts provided in this paragraph shall be designated for use by the Virginia Resources Authority for subsequent allocation to localities for the installation of broadband communication services.

Explanation:

(This amendment provides $10.0 million each year from the general fund for the development of broadband communication services by localities.)

DEL. CARR [Rejected]

Page 424, item 466 #1h, introduced

Central Appropriations

Central Appropriations

strike

lines 12 through 16

Page 424, after line 16

insert

D. Notwithstanding any other provision of law, beginning January 1, 2013, and through December 31, 2013, the State Comptroller shall issue individual income tax refunds only through debit cards, direct deposits, or other electronic means unless the Tax Commissioner determines that a check is more appropriate for a transaction or class of transactions.  Beginning January 2014, the Tax Commissioner and the State Comptroller shall implement procedures to allow an individual requesting a refund for the overpayment of individual income tax when filing his individual income tax return to elect on such return to have the refund check mailed to the address provided on his return.  The ability of the individual to elect such refund check shall be in addition to other methods utilized by the Tax Commissioner and the State Comptroller for the payment of such refund including but not limited to debit cards, direct deposits, or other electronic means.

Explanation:

(This amendment allows individuals beginning January 1, 2014 to elect to have their income tax refunds mailed to their addresses in addition to other options available for the payment of the refund.)

DEL. MARSHALL R. [Pass By]

Page 438, item 471 #2h, introduced, after line 3

Central Appropriations

Central Appropriations

insert

H. The Director, Department of Planning and Budget, shall withhold and transfer to this item amounts equal to one percent of each agency's total general fund appropriation for fiscal year 2014, exclusive of any amounts utilized to pay salaries and benefits of state employees. These amounts shall be transferred to Item 446 of this act and be utilized for transportation purposes as set out in Title 33.1, Chapter 1, Code of Virginia.

Explanation:

(This amendment directs the Director, Planning and Budget, to reduce 1 percent of all state general fund appropriations, exclusive of salary payments or current transportation funding, and transfer such amounts to the Department of Transportation for highway construction.)

DEL. MARSHALL R. [Pass By]

Page 493, item 4-0.01 #1h, introduced, after line 14

General Provisions

Operating Policies

insert

e. No funding in this budget, or matching funds related to funding included in this budget, may be provided to enforce rules, regulations or policies adopted by board of visitors or other governing bodies of a public institution of higher education that would prohibit a full-time faculty member of the institution who possesses a valid Virginia concealed handgun permit or a valid concealed handgun permit from a state with which Virginia has reciprocity, from carrying a concealed handgun on the property of or in the buildings owned by the institution.

Explanation:

(This amendment is self-explanatory.)

DEL. MARSHALL R. [Pass By]

Page 493, item 4-0.01 #1h, introduced, after line 14

Operating Policies

Operating Policies

insert

e. Notwithstanding any contrary provision of law, no agency of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, no political subdivision of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, and no employee of either, acting in his official capacity, shall:

1. Knowingly aid any employee or entity of the federal government of the United States in any investigation, prosecution, detention, or arrest, nor participate in any search or seizure, relating to any, criminal, civil, or administrative restrictions on firearms, firearm magazines, ammunition, or components thereof, based on any federal statute enacted, or federal executive order or regulation issued, after December 31, 2012; or

2. Knowingly aid any employee or entity of the federal government of the United States in the enforcement of any requirement enacted or imposed after December 31, 2012, for any background check related to any intrastate sale, loan, gift, or other transfer of firearms between citizens of the Commonwealth who do not possess any federal firearms license under 18 U.S.C. § 923.

f. The provisions of subsection e shall not apply to participation by state or local law enforcement or Virginia National Guard or Virginia Defense Force in joint task forces, partnerships, or other similar cooperative agreements with federal law enforcement as long as such task forces, partnerships, or cooperative agreements are not for the purpose of participating in such investigation, prosecution, detention, or arrest under any federal statute enacted, or federal executive order or regulation issued, after December 31, 2012.

Explanation:

(This amendment prevents any agency, political subdivision, or employee of Virginia from assisting the federal government of the United States in any investigation, prosecution, detention, arrest, search, or seizure, under the authority of any federal statute enacted, or federal executive order or regulation issued, after December 31, 2012, infringing the individual right to keep and bear arms by imposing new restrictions on private ownership or private transfer of firearms, firearm magazines, ammunition, or components thereof.)

DEL. MARSHALL R. [Pass By]

Page 493, item 4-0.01 #1h, introduced, after line 14

Operating Policies

Operating Policies

insert

e. Notwithstanding any contrary provision of law, no agency of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, and no employee acting in his official capacity, shall:

1. Knowingly aid any employee or entity of the federal government of the United States in any investigation, prosecution, detention, or arrest, nor participate in any search or seizure, relating to any, criminal, civil, or administrative restrictions on firearms, firearm magazines, ammunition, or components thereof, based on any federal statute enacted, or federal executive order or regulation issued, after December 31, 2012; or

2. Knowingly aid any employee or entity of the federal government of the United States in the enforcement of any requirement enacted or imposed after December 31, 2012, for any background check related to any intrastate sale, loan, gift, or other transfer of firearms between citizens of the Commonwealth who do not possess any federal firearms license under 18 U.S.C. § 923.

f. The provisions of subsection e shall not apply to participation by state or local law enforcement or Virginia National Guard or Virginia Defense Force in joint task forces, partnerships, or other similar cooperative agreements with federal law enforcement as long as such task forces, partnerships, or cooperative agreements are not for the purpose of participating in such investigation, prosecution, detention, or arrest under any federal statute enacted, or federal executive order or regulation issued, after December 31, 2012.

Explanation:

(This amendment prevents any agency, political subdivision, or employee of Virginia from assisting the federal government of the United States in any investigation, prosecution, detention, arrest, search, or seizure, under the authority of any federal statute enacted, or federal executive order or regulation issued, after December 31, 2012, infringing the individual right to keep and bear arms by imposing new restrictions on private ownership or private transfer of firearms, firearm magazines, ammunition, or components thereof.)

DEL. MARSHALL R. [Pass By]

Page 519, item 4-5.04 #1h, introduced, line 33

Special Conditions and Restrictions on Expenditures

Goods and Services

strike

or state statute

insert

However, nothing herein shall prevent a physician from providing medical assistance to preserve the life of a pregnant woman provided that every possible measure shall be taken to preserve the life of the unborn child of the pregnant woman.

Explanation:

(This amendment clarifies existing language in the budget which does not allow for expenditures from general or nongeneral funds sources for abortion services, related to medical assistance to preserve the life of the pregnant woman, provided that every possible measure is taken to preserve the life of the unborn child.)

DEL. MARSHALL R. [Ruled Not Germane]

Page 522, item 4-5.12 #2h, introduced, after line 37

Special Conditions And Restrictions On Expenditures

Land Use and Zoning Permits

insert

No funds may be authorized to be appropriated to any county, city or town in Planning District 9 with a population between 65,000 and 70,000, to charge, prosecute, initiate or file a violation or alleged violation of an administrative permit or special administrative permit pertaining to land use zoning or land use zoning ordinance without a previous on-site investigation done in accordance with the fourth amendment to the United States Constitution.

Explanation:

(This amendment prohibits the provision of any funding to the Commonwealth's localities if such jurisdiction in PDC 9 with a population between 65,000 and 70,000 addresses land use or zoning permit violations without an on-site investigation.)

DEL. MARSHALL R. [Ruled Not Germane]

Page 522, item 4-5.12 #3h, introduced, after line 37

Special Conditions And Restrictions On Expenditures

Land Use and Zoning Permits

insert

No funds authorized to be appropriated to any county, city or town in Planning District 9 with a population between 65,000 and 70,000, may be used to investigate, initiate or enforce zoning violations of restrictive land use covenants, other than by a full-time employee of the locality, and only in accordance with the fourth amendment to the United States Constitution.

Explanation:

(This amendment prohibits the use of funds to investigate zoning violations other than by full-time local employees in a locality in Planning District 9 with a population between 65,000 and 70,000.)

DEL. MARSHALL R. [Ruled Not Germane]

Page 522, item 4-5.12 #4h, introduced, after line 37

Special Conditions and Restrictions on Expenditures

Limitations on Fines for Selling Agriculture and Silviculture Products

insert

No funds authorized to be appropriated to any county, city or town in Planning District 9 with a population between 65,000 and 70,000, may be used to charge any citizen or impose a fine greater than one dollar for selling agricultural or silvicultural products or their value-added by-products on property zoned for agriculture, or holding a pumpkin patch or corn maze event of fewer than 100 participants without a permit.

Explanation:

(This amendment prohibits localities in Planning District 9 with a population between 65,000 and 70,000 from imposing fines for selling products, or hosting specific events on land zone for agriculture if attended by fewer than 100 people.)

DEL. MARSHALL R. [Ruled Not Germane]

Page 522, item 4-5.13 #1h, introduced, after line 37

Special Conditions and Restrictions on Expenditures

Conditions on Cooperation with Federal Government

insert

A. Notwithstanding any contrary provision of law, no agency of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, no political subdivision of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, and no employee of either, acting in his official capacity, shall:

1. Knowingly aid any employee or entity of the federal government of the United States in any investigation, prosecution, detention, or arrest, nor participate in any search or seizure, relating to any, criminal, civil, or administrative restrictions on firearms, firearm magazines, ammunition, or components thereof, based on any federal statute enacted, or federal executive order or regulation issued, after December 31, 2012; or

2. Knowingly aid any employee or entity of the federal government of the United States in the enforcement of any requirement enacted or imposed after December 31, 2012, for any background check related to any intrastate sale, loan, gift, or other transfer of firearms between citizens of the Commonwealth who do not possess any federal firearms license under 18 U.S.C. § 923.

B. The provisions of subsection A shall not apply to participation by state or local law enforcement or Virginia National Guard or Virginia Defense Force in joint task forces, partnerships, or other similar cooperative agreements with federal law enforcement as long as such task forces, partnerships, or cooperative agreements are not for the purpose of participating in such investigation, prosecution, detention, or arrest under any federal statute enacted, or federal executive order or regulation issued, after December 31, 2012.

Explanation:

(This amendment prevents any agency, political subdivision, or employee of Virginia from assisting the federal government of the United States in any investigation, prosecution, detention, arrest, search, or seizure, under the authority of any federal statute enacted, or federal executive order or regulation issued, after December 31, 2012, infringing the individual right to keep and bear arms by imposing new restrictions on private ownership or private transfer of firearms, firearm magazines, ammunition, or components thereof.)

DEL. SUROVELL [Pass By]

Page 534, item 4-6.07 #1h, introduced, after line 27

Positions and Employment

ANTI-DISCRIMINATION POLICY APPLICABLE TO STATE EMPLOYEES

insert

§ 4-6.07 ANTI-DISCRIMINATION POLICY APPLICABLE TO STATE EMPLOYEES

A.1. No state agency, institution, board, bureau, commission, council, or instrumentality of the Commonwealth shall discriminate in employment based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, sexual orientation, gender identity and expression, or status as a special disabled veteran or other veteran covered by the Veterans Readjustment Assistance Act of 1974, as amended (38 U.S.C. § 4212).

2. Notwithstanding any other provision of law, any employee of the Commonwealth, including employees of public institutions of higher education, who has been subjected to discriminatory treatment in hiring, promotion, compensation, treatment, discipline or termination in violtion 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.

Explanation:

(This amendment is self explanatory.)