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2013 SESSION

13105076D
HOUSE BILL NO. 2343
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Militia, Police and Public Safety
on February 11, 2013)
(Patron Prior to Substitute--Delegate Sherwood)
A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 22.1 sections numbered 22.1-7.2 and 22.1-7.3, relating to establishment of the School Security Infrastructure Improvement Fund and the Local School Safety Fund.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 1 of Title 22.1 sections numbered 22.1-7.2 and 22.1-7.3 as follows:

§ 22.1-7.2. School Security Infrastructure Improvement Fund established.

A. From such funds as may be appropriated by the General Assembly and any gifts, grants, and donations from public or private sources, there is hereby created in the state treasury a special nonreverting fund to be known as the School Security Infrastructure Improvement Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used for revolving loans and grants to local school divisions for capital infrastructure improvements relating to school safety and security. Any grant made from the Fund shall require a minimum 50 percent project match by the applicant school division. Any loan made from the Fund shall require a minimum 10 percent project match by the applicant school division. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Superintendent of Public Instruction.

B. The Department of Education shall develop guidelines concerning the requirements for applying for a grant or a loan from the Fund and the administration of such grants or loans. Such guidelines shall not be subject to the Administrative Process Act (§ 2.2-4000 et seq.).

§ 22.1-7.3. Local School Safety Fund established.

A. From such funds as may be appropriated by the General Assembly and any gifts, grants, and donations from public or private sources, there is hereby created in the state treasury a special nonreverting fund to be known as the Local School Safety Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. The Fund shall be administered by the Department of Education and moneys in the Fund shall be used solely to provide grants to local school divisions for the purpose of addressing school safety, security, and violence prevention needs as determined through local assessments and evaluations, such as training for personnel, prevention and intervention services for students and parents, and increasing or improving security and communication systems. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Superintendent of Public Instruction.

B. The Department of Education shall develop guidelines concerning the administration of such grants, including establishing criteria for making grants from the Fund and procedures for determining the amount of the grant. Grants shall be awarded and distributed on a one-time basis for new expenditures to support locally identified needs. Such guidelines shall not be subject to the Administrative Process Act (§ 2.2-4000 et seq.).