|
§ 4-1.00 APPROPRIATIONS §4-1.01 PREREQUISITES FOR PAYMENT The State Comptroller shall not pay any money out of the state treasury except as is provided for in this act or in any other act of the General Assembly making an appropriation during the current biennium. §4-1.02 WITHHOLDING APPROPRIATIONS a. Except as provided by §§ 4-1.03, 4-4.01 or § 4-5.01 a of this act, none of the moneys mentioned in this act, or in any other act effective during the current biennium, shall be expended for any other purpose than those for which they are specifically appropriated. It shall be the duty of the Governor, as chief budget officer of the state, to see that this provision is strictly observed. Should he find that such moneys are not being expended in accordance with the provisions of the act appropriating them, he shall restrain the State Comptroller from making further disbursements, in whole or in part, out of the appropriations to the offending state or other agency receiving appropriations under the provisions of the appropriating act. b.1. The Governor is authorized to withhold operating expense appropriations up to 15 percent of the annual general fund appropriation and 15 percent of the annual nongeneral fund appropriation for an agency or institution based on a written program evaluation conducted or commissioned by the respective cabinet secretary. Provided, however, that the withholding of funds under this provision shall not occur until at least 45 days after the Governor has transmitted the written program evaluation and the actions he proposes to take to the Chairmen of the House Appropriations and Senate Finance Committees. Further, the Governor is authorized to withhold funds from expenditure in the event input factors, such as enrollments or population in institutions, related to appropriation amounts differ from the estimates upon which the appropriation was based. Provided, however, that the withholding of funds under this provision shall not occur until at least 45 days after the Governor has transmitted a statement of changed factors and intent to withhold funds to the Chairmen of the House Appropriations and Senate Finance Committees. 2. Funds shall not be withheld on the basis of reorganization plans until such plans have been submitted and approved by appropriate action of the General Assembly. c. Reporting of appropriations withheld by the Governor shall be in accordance with § 4-8.00, Reporting Requirements. § 4-1.03 APPROPRIATION TRANSFERS a. GENERAL: 1.a) Subject to the conditions stated in this paragraph, during any fiscal year the Director of the Department of Planning and Budget may transfer up to a total of 15 percent of the total appropriation for a state or other agency, from one such agency to another, to supplement an appropriation or reappropriation for a closely and definitely related purpose for which an appropriation is made. The Director of the Department of Planning and Budget and the governing board(s), and/or executive head(s) if there is no governing board, of the affected state agency(ies) must first determine that the transfer effects the original intention of the General Assembly in making the appropriations. The total amount appropriated to the affected state agencies shall in no case be exceeded. Upon the recommendation of the Director, Department of Planning and Budget, the Governor may waive the 15 percent limit if he finds that the appropriation transfer is required to alleviate a threat to life or safety or a threat to property. Prior to making such a transfer, the Governor shall notify the Chairmen of the Senate Finance and House Appropriations Committees. b) The Director of the Department of Planning and Budget may transfer operating expense appropriations among agencies within the Judicial System, the Department of Mental Health, Mental Retardation and Substance Abuse Services and the Department of Corrections to effect changes in operating expense requirements which may occur during the biennium. c) The Director of the Department of Planning and Budget may transfer appropriations from the Department of Mental Health, Mental Retardation and Substance Abuse Services to the Department of Medical Assistance Services, consisting of the general fund amounts required to match federal funds for reimbursement of services provided by its institutions and Community Services Boards. 2.a) The Director of the Department of Planning and Budget may transfer an appropriation or portion thereof within a state or other agency, or from one such agency to another, to support changes in agency organization, program or responsibility enacted by the General Assembly to be effective during the current biennium. b) Subject to the conditions stated in § 4-1.03 a 1 a) above, the Director may transfer an appropriation or portion thereof within a state or other agency, or from one such agency to another, to effect the budgeted program purposes of the General Assembly, or to supplement appropriations to provide for unbudgeted increases in costs which he determines a state or other agency must receive to render essential services. c)1) The Director of the Department of Planning and Budget may transfer any amortization, rental and/or debt service appropriations or portion thereof from any agency appropriation to the Virginia Public Building Authority to support the undertakings with respect to any or all of the projects of said Authority authorized by the General Assembly and approved by the Governor. d) In the event of the transition of a city to town status pursuant to the provisions of Chapter 41 of Title 15.2 of the Code of Virginia (§ 15.2-4100 et seq.) subsequent to July 1, 1999, the provisions of § 15.2-1302 shall govern distributions from state agencies to the county in which the town is situated, and the Director of the Department of Planning and Budget is authorized to transfer appropriations or portions thereof within a state agency, or from one such agency to another, if necessary to fulfill the requirements of § 15.2-1302. 2) The Director may establish a capital project, by transfer from any other agency appropriations, to supplement any project of the Virginia Public Building Authority authorized by the General Assembly and approved by the Governor. Such capital project shall be established in the state agency designated as the managing agency for the Virginia Public Building Authority project. 3. The Director, Department of Planning and Budget, may transfer general fund appropriations from the second year to the first year, when the expenditure of such funds in the first year is required to: a) address a threat to life or safety, or b) address a threat to property, or c) continue a program at the present level of service or at an increased level of service when required to address unanticipated business or industrial development opportunities and other actions which will benefit the state's economy, or d) realize cost savings in excess of the additional funds provided, or e) provide for payment of overtime salaries and wages, when the obligations for payment of such overtime were incurred during a situation deemed threatening to life, safety, property or the continuation of services, or f) provide for payments to the beneficiaries of certain public safety officers killed in the line of duty, as authorized in Title 2.1, Chapter 11.1, Code of Virginia. 4. No transfer of funds other than by appropriation (e.g., by interdepartmental transfer invoice, letter or other means), whether for provision of services or other purpose, shall be effected unless it is in accordance with regulations issued by the Secretary of Finance. 5. Reporting of appropriation transfers made pursuant to this subsection shall be in accordance with § 4-8.00, Reporting Requirements. b. INSTITUTIONS OF HIGHER EDUCATION: 1. In the event the total regular session full-time-equivalent student enrollment in an institution of higher education exceeds, by one percent or more, the number upon which the appropriation to that institution was based, the Director of the Department of Planning and Budget is authorized to direct the transfer to the surplus of the general fund, from the appropriation to that institution for educational and general programs, an amount not exceeding the tuition and fees collected on account of the enrollment in excess of one percent. Prior to calculating the amount of the transfer, fifty full-time-equivalent students shall be deducted from the excess enrollment. The transfer shall be made by the Department of Planning and Budget prior to the end of the fiscal year in which the excess enrollment occurs; if funds are not available in the account to effect the transfer in the same fiscal year, the amount not then available shall be transferred at the beginning of the succeeding fiscal year. With reference to part-time students, this limitation shall be interpreted liberally. 2. For the purposes of this provision, the Virginia Community College System shall be considered one institution. § 4-1.04 APPROPRIATION REDUCTIONS a. APPROPRIATION REDUCTIONS DUE TO REDUCED REVENUES: 1. Each appropriating act of the General Assembly shall be construed as subject to the provisions and conditions contained in this section. The term "revenues," as applied in this section, includes revenues collected and paid into the state treasury during the current biennium and all unexpended balances brought forward from the previous biennium. 2. All appropriations are hereby declared to be maximum and conditional appropriations. The general fund appropriations shall be payable in full in the amounts named only in the event the general fund revenues are estimated by the Governor to be sufficient to pay in full all appropriations payable from the general fund revenues. Also, each nongeneral fund appropriation shall be payable in full only to the extent the nongeneral fund revenues from which the appropriation is payable are estimated to be sufficient. 3. The Governor is hereby given the power, authority and responsibility to examine and survey periodically the progress of the collection of general fund revenues applicable to each appropriating act, and to re-estimate the total general fund revenues to be available during the current or next biennium. In making such examination and survey, the Governor may require estimates of the prospective collection of revenues from any and all state officers and agencies, and other advisors, who may have information which, in the opinion of the Governor, may be pertinent. 4. During the period in which the General Assembly is not in regular or special session and in the event the estimated general fund revenues are exceeded by the total of general fund appropriations, including the currently estimated expenditures from sum sufficient appropriations, the Governor shall, subject to the qualifications herein contained, reduce the general fund allotments of appropriations to the extent necessary to prevent any expenditure in excess of the estimated general fund revenues. Provided, however, the Governor shall take no action to reduce general fund allotments of appropriations on account of reduced revenues until such time as a formal written re-estimate of general fund revenues for the current and next biennia prepared in accordance with the process specified in § 2.1-393, Code of Virginia, has been reported to the Chairmen of the Senate Finance, House Finance, and House Appropriations Committees. The Governor shall take no action to withhold allotments or reduce appropriations until a written plan for the allocation of appropriation reductions to each agency has been reported to the Chairmen of the Senate Finance and House Appropriations Committees. 5. In effecting the reduction of expenditures for the above-stated purpose, the Governor shall not withhold allotments of appropriations for: a) More than 15 percent of the annual general fund appropriation and 15 percent of the annual nongeneral fund appropriation for operating expenses of any one state or nonstate agency or institution designated in this act by title and a three-digit agency code, subject to § 4-1.02 c of this act. b) The payment of interest or sinking fund installments on the bonded debt or other bonded obligations of the Commonwealth, its agencies and its authorities, or for payment of a legally authorized deficit. c) The pension payments to widows and daughters of Confederate veterans, or assistance for care of graves of Confederate dead. d) The employer payments for supplemental retirement, social security or group life and health insurance for state employees, local special employees and teachers. e) The payments in fulfillment of any contract awarded for the design, construction and furnishing of any state building. f) The salary of any state officer for whom the Constitution of Virginia prohibits a change in salary. g) The salary of any officer or employee in the Executive Department by more than five percent (irrespective of the fund source for payment of salaries and wages). In effecting the reduction of salaries, the Governor may consider the varying factors, including different comparator groups, on which salary increases are based, and apply a salary reduction which is different for different classes of employees. Provided, however, that all employee groups shall be treated equitably in relation to each other. h) The appropriation supported by the State Bar Fund, as authorized by § 54.1-3913, Code of Virginia, unless the supporting revenues for such appropriation are estimated to be insufficient to pay the appropriation. 6. Except as enumerated in subdivison 5 of this subsection, in effecting the reduction of expenditures the Governor is authorized to withhold specific allotments of appropriations by a uniform percentage, a graduated reduction or on an individual basis, or apply a combination of these actions. 7. The Governor is authorized to reduce allotments of nongeneral fund appropriations by the amount necessary to ensure that expenditures do not exceed the supporting revenues for such appropriations. 8. Notwithstanding any contrary provisions of law, the Governor is authorized to transfer to the general fund on June 30 of each year of the biennium or within fifteen days from that date, any available unexpended balances in other funds in the state treasury, subject to the following: a) No such transfer may be made from retirement or other trust accounts, the State Bar Fund as authorized by § 54.1-3913, Code of Virginia, debt service funds, or federal funds. b) The Governor shall provide for informative purposes, in the first biennial budget he submits subsequent to the transfer, the amount transferred from each account or fund and recommendations for restoring such amounts. c) The Governor shall report such transfer within thirty days to the Chairmen of the House Appropriations and Senate Finance Committees. b. APPROPRIATION REDUCTIONS DUE TO ADDITIONAL REVENUES: 1. Reductions Due to Revenues Earned and Collected: Every appropriation set forth in an appropriating act for operating expenses of any state agency and made payable from the general fund of the state treasury is to supplement revenues earned and collected by the agency, exclusive of revenues paid into the general fund of the state treasury. The Director of the Department of Planning and Budget may withhold allotments of appropriations from the general fund equivalent to that provided from additional revenues earned and collected. However, this limitation shall not apply to: (a) restricted excess tuition and fees for educational and general programs in the institutions of higher education, as defined in § 4-2.01 c of this act; (b) appropriations to institutions of higher education designated for fellowships, scholarships and loans; (c) gifts or grants which are made to any state agency for the direct costs of a stipulated project; (d) appropriations to the University of Virginia, University of Virginia Medical Center; and (e) appropriations to institutions for the mentally ill or mentally retarded payable from the Mental Health and Mental Retardation Revenue Fund. 2. Reductions Due to New or Additional Grants: This subsection applies to appropriations from the general fund of the state treasury made in the current biennium for programs for which new or additional grant funds become available following the appropriation action of the General Assembly. Unless prohibited by the basic provider of the grant funds, the Director may withhold from expenditure a portion of appropriations from the general fund equivalent to that provided from grant funds; the withholding shall not include appropriations from the general fund which may be required to match grant funds. § 4-1.05 APPROPRIATION INCREASES a. UNAPPROPRIATED GENERAL FUND REVENUE: 1. The Director of the Department of Planning and Budget is hereby authorized to increase the appropriations to any of the agencies named in § 4-2.02 a 1 d), e), f), j), k), l), and m) of this act, to an amount not to exceed the revenues collected and paid into the general fund of the state treasury by such agency during the current biennium. 2. The Director of the Department of Planning and Budget is hereby authorized to increase the appropriations to any of the agencies named in § 4-2.02 a 1 g). The increase shall not exceed the otherwise unappropriated revenues collected and paid into the state treasury during the biennium by the agency. The increase for the Department of Corrections may be expended for a material expansion of the activities of the agency only if, in the judgment of the Director, such expenditure will result, within a period of twelve months, in the repayment to the state treasury by the agency of an equal or larger amount than that so expended. The increase for the Department of Correctional Education shall be used to increase vocational training "live work" activities and to purchase work tools and work clothes for inmates upon release. In addition, the Director may increase the Department of Corrections appropriation for the purchase of agribusiness equipment or the repair or construction of agribusiness facilities by an amount equal to fifty percent of any annual amounts in excess of fiscal year 1992 deposits to the general fund from agribusiness operations. It is the intent of the General Assembly that appropriation increases for the purposes specified in this subdivision shall not be used to offset or reduce the general fund appropriations for these agencies. 3. The Director of the Department of Planning and Budget is hereby authorized to increase the appropriations to the Department of Taxation for the purpose of paying out-of-state collection agencies. No appropriation increase may be made unless the Department of Taxation has proven that no other funds are available for these payments and that revenues collected by such out-of-state collection agencies and deposited to the general fund exceed the appropriation increase.
4.a) The Director of the Department of Planning and Budget, with the prior
written approval of the Governor, is authorized to increase the appropriation
to any state agency in an amount not to exceed the revenues received from
leases by such agency for communications towers pursuant to § 4-2.02 d of this
act. Such increase shall exclude the amount for administrative expenses in the
following b) The Director of the Department of Planning and Budget is authorized to increase the appropriation to the Department of General Services and the state agency owning the property in an amount determined by the Director, for the costs of administering such leases. 5. Reporting of increases in unappropriated general fund revenues made by the Director, Department of Planning and Budget, shall be in accordance with § 4-8.00, Reporting Requirements. b. UNAPPROPRIATED NONGENERAL FUNDS: 1. Sale of Surplus Materials: The Director of the Department of Planning and Budget is hereby authorized to increase the appropriations to any state agency by the amount of credit resulting from the sale of surplus materials under the provisions of § 2.1-457.3, Code of Virginia. 2. Insurance Recovery: The Director is hereby authorized to increase the appropriations to any state agency by the amount of the proceeds of an insurance policy or from the State Insurance Reserve Trust Fund, for expenditures as far as may be necessary, to pay for the repair or replacement of lost, damaged or destroyed property, plant or equipment. 3. Gifts, Grants and Other Nongeneral Funds: a) Subject to §§ 4-1.02 a, 4-1.03 b, 4-1.04 b 1 and the conditions stated in this section, the Director of the Department of Planning and Budget is hereby authorized to increase the appropriations to any state agency by the amount of the proceeds of donations, gifts, grants or other nongeneral funds paid into the state treasury in excess of such appropriations. Such appropriations shall be increased only when the expenditure of funds is required to: 1) address a threat to life or safety, or 2) address a threat to property, or 3) provide for unbudgeted increases in costs which the Director determines a state agency or institution or other agency must receive to render essential services or implement General Assembly approved compensation adjustments, or 4) provide for payment of overtime salaries and wages, when the obligations for payment of such overtime were incurred during a situation deemed threatening to life, safety, property or the continuation of essential services, or 5) continue a program at the present level of service or at an increased level of service when required to address unanticipated increases in noncredit instruction at institutions of higher education or business and industrial development opportunities which will benefit the state's economy, or 6) participate in a federal or sponsored program, or 7) realize cost savings in excess of the additional funds provided, or 8) permit a state agency or institution to use a donation, gift or grant for the purpose intended by the donor, or 9) provide for cost overruns on capital projects and for capital projects authorized under § 4-4.01 j of this act, or 10) provide additional funding resulting from caseload or workload changes in programs approved by the General Assembly. b) The above conditions shall not apply to donations and gifts to the endowment funds of institutions of higher education. c) Each state agency and institution shall ensure that its budget estimates include a reasonable estimate of receipts from donations, gifts or other nongeneral fund revenue. The Department of Planning and Budget shall review such estimates and verify their accuracy, as part of the budget planning and review process. d) No obligation or expenditure shall be made from such funds until a revised operating budget request is approved by the Director. Expenditures from any gift, grant or donation shall be in accordance with the purpose for which it was made; however, expenditures for property, plant or equipment, irrespective of fund source, are subject to the provisions of §§ 4-2.03, 4-4.01 and 4-5.05 b of this act. e) Nothing in this section shall exempt agencies from complying with § 4-2.01 a of this act. 4. Any nongeneral fund cash balance recorded on the books of the Department of Accounts as unexpended on the last day of the fiscal year may be appropriated for use in the succeeding fiscal year with the prior written approval of the Director, Department of Planning and Budget, unless the General Assembly shall have specifically provided otherwise. 5. Reporting: The Director, Department of Planning and Budget, shall report on increases in unappropriated nongeneral funds in accordance with § 4-8.00, Reporting Requirements. § 4-1.06 REVERSION OF APPROPRIATIONS AND REAPPROPRIATIONS a. GENERAL FUND OPERATING EXPENSE: 1.a) General fund appropriations which remain unexpended on (i) the last day of the previous biennium, ending on June 30, 1998, and (ii) the last day of the first year of the current biennium, ending on June 30, 1999, shall be reappropriated for expenditure in the respective succeeding year for the following agencies and programs: 1) Agencies in the Legislative Department, the Judicial Department, and the Independent Agencies, except as may be specifically provided otherwise by the General Assembly; 2) Agencies in the Executive Department, subject to the prior written approval of the Governor, except as may be specifically provided otherwise by the General Assembly; 3) Educational and General programs in those institutions of higher education which meet management standards prescribed by the Governor;
4) Unexpended revenues from community education and public service programs in
the institutions of higher education;
5) Appropriations to the institutions of higher education for student financial
assistance 6) Appropriations for the Century Date Change Initiative, which is designed to resolve Year 2000 computer problems. b) The Governor may, at his discretion, unallot funds from the reappropriated balances of Executive Department agencies which relate to unexpended appropriations for payments to individuals, aid to localities, or any other pass-through grants. Any such reappropriation which the Governor unallots shall revert to and become a part of the general fund, unless the General Assembly shall have specifically provided otherwise, and the State Comptroller shall not thereafter make any payment from such unallotted reappropriation. 2. Where the General Assembly has specifically provided for a reappropriation payable from the general fund, payment for such reappropriation shall be made only upon the Governor's certification that funds are available for such payment. This provision shall also apply to reappropriations based on compliance with management standards as specified in subdivision 1 a) 3) above. 3. Pursuant to subsection E of § 2.1-457.3, Code of Virginia, the determination of compliance by an agency or institution with management standards prescribed by the Governor shall be made by the Secretary of Finance and the Secretary having jurisdiction over the agency or institution, acting jointly. 4. To the extent that general fund appropriations for fiscal year 2000 for Agency 200, Comprehensive Services for At-Risk Youth and Families, are insufficient because savings anticipated from the use of Medicaid for treatment foster care services do not meet projections, the Department of Planning and Budget shall unallot unexpended general fund balances up to $10,369,409 remaining in Items 136, 138, 335, and 400, which are not specifically reappropriated or contractually obligated on June 30, 1999, to the extent necessary to achieve savings anticipated from the use of Medicaid for treatment foster care services. Such funds shall not revert to the general fund but shall be transferred, as necessary, by the Department of Planning and Budget to the Comprehensive Services for At-Risk Youth and Families for distribution to local governments through the supplemental pool. b. NONGENERAL FUND OPERATING EXPENSE: Based on analysis by the State Comptroller, when any nongeneral fund has had no increases or decreases in fund balances for a period of twelve months, the State Comptroller shall promptly transfer and pay the balance into the fund balance of the general fund; the Director, Department of Planning and Budget, may direct the restoration of such balance, or a part of it, within twelve months following the transfer, if he deems there exists an appropriate need for expenditure or repayment of the sum, or a part of it, during this period. c. CAPITAL PROJECTS:
1.
2. The unexpended general fund cash balance and corresponding appropriation or
reappropriation for capital projects shall revert to and become part of the
fund balance of the general fund during the current biennium as of the date the
Director, Department of Planning and Budget, certifies to the State Comptroller
that the project has been completed in accordance with the intent of the
appropriation or reappropriation and there are no known unpaid obligations
related to the project. The State Comptroller shall return the unexpended
nongeneral fund cash balance, if there be any, for such completed project § 4-1.07 LIMITED CONTINUATION OF APPROPRIATIONS Notwithstanding any contrary provision of law, any unexpended balances on the books of the State Comptroller as of the last day of the previous biennium shall be continued in force for such period, not exceeding ten (10) days from such date, as may be necessary in order to permit payment of any claims, demands or liabilities incurred prior to such date and unpaid at the close of business on such date, and shown by audit in the Department of Accounts to be a just and legal charge, for values received as of the last day of the previous biennium, against such unexpended balances. § 4-1.08 ALLOTMENTS Except when otherwise directed by the Governor within the limits prescribed in §§ 4-1.02, 4-1.03, and 4-1.04 of this act, the Director of the Department of Planning and Budget shall prepare and act upon the allotment of appropriations required by this act, and by § 2.1-224, Code of Virginia, and the authorizations for rates of pay required by this act. Such allotments and authorizations shall have the same effect as if the personal signature of the Governor were subscribed thereto. This section shall not be construed to prohibit an appeal by the head of any state agency to the Governor for reconsideration of any action taken by the Director of the Department of Planning and Budget under this section. § 4-2.00 REVENUES § 4-2.01 NONGENERAL FUND REVENUES a. SOLICITATION AND ACCEPTANCE OF DONATIONS, GIFTS, GRANTS, AND CONTRACTS: 1. No state agency shall solicit or accept any donation, gift, grant, or contract without the written approval of the Governor except as provided below. 2. The Governor may issue policies in writing for approval procedures which: a) allow state agencies on the authority of the agency head to solicit and accept nongeneral funds within the amounts appropriated to the agency for such funds; b) allow state agencies to solicit and accept nongeneral funds in excess of appropriated amounts for such nongeneral funds; and c) allow state agencies to solicit and accept nonmonetary donations, gifts and grants, except that donations, gifts and grants of real property shall be subject to § 4-4.00 of this act and § 2.1-504.2, Code of Virginia. This provision shall apply to donations, gifts and grants of real property to endowment funds of institutions of higher education, when such endowment funds are held by the institution in its own name and not by a separately incorporated foundation or corporation. 3.a) The preceding subdivisions a 1 and a 2 shall not apply to donations, gifts and grants to the endowment funds of the institution of higher education, except as specified in a 2 for donations, gifts or grants of real property. b) The preceding subdivisions a 1 and a 2 shall not apply to property and equipment acquired and used by a state agency or institution through a lease purchase agreement and subsequently donated to the agency or institution during or at the expiration of the lease purchase agreement, provided that the lessor is the Virginia College Building Authority. The State Council of Higher Education may authorize a phased approach to meeting this requirement when, in its judgment, it would result in annual tuition and fee increases for nonresident students that would discourage their enrollment. c) The use of endowment funds for property, plant or equipment for state-owned facilities is subject to §§ 4-2.03, 4-4.01 and 4-5.05 of this act. 4. No community college shall solicit or accept donations, gifts, grants or contracts for research activities unless approved by the State Council of Higher Education for Virginia. b. HIGHER EDUCATION TUITION AND FEES:
1. All nongeneral fund collections by public institutions of higher education,
including collections from the sale of dairy and farm products, shall be
deposited in the state treasury in accordance with § 2.1-180, Code of Virginia,
and expended by the institutions of higher education 2.a) Financial support provided to the Commonwealth's institutions of higher education is predicated primarily upon the fulfillment by such institutions of their mission to provide educational opportunities to the citizens of the Commonwealth. The presence of students from outside the Commonwealth contributes materially to that mission and the appropriate proportion of such nonresident students will vary among the institutions according to their respective missions. Each institution and the Council of Higher Education shall monitor tuitions, fees, and other charges and the mix of resident and nonresident students to the end that the primary mission of providing educational opportunities to citizens of Virginia is served. The State Council of Higher Education shall develop and enforce uniform guidelines for reporting student enrollments and the domiciliary status of students. The Council shall report to the Governor and the Chairmen of the House Appropriations and Senate Finance Committees no later than June 30 of each year on the tuition and fee charges at each public institution of higher education. b) The determination of proper tuition, fees and charges shall be made by the Board of Visitors or other governing bodies of institutions of higher education provided, however, that the tuition and fee charges to nonresident students shall be not less than 100 percent of the average cost of education as calculated by the State Council of Higher Education in consultation with the Department of Planning and Budget. The State Council of Higher Education may authorize a phased approach to meeting this requirement when, in its judgment, it would result in annual tuition and fee increases for nonresident students that would discourage their enrollment. c) Nonresident graduate students, up to the limit of 50 percent of the enrolled nonresident graduate students, employed by an institution as graduate teaching assistants, graduate research assistants, and graduate assistants and paid at an annual contract rate of $4,000 or more may be considered resident students for the purposes of charging tuition and fees. 3. The fund source "Higher Education Operating" within Educational and General Programs for institutions of higher education includes tuition and mandatory Educational and General fee increases as follows: a)1) There shall be no increase in tuition and mandatory educational and general fees for Virginia resident undergraduates in fiscal year 1999 and in fiscal year 2000, except for additional tuition and fees in conformity with the policy set forth in § 4-2.01 c of this act. Tuition policy for Virginia resident undergraduates at the public colleges and universities shall be established in the Appropriation Act. 2) The boards of visitors of the institutions of higher education shall use supplemental general fund appropriations provided in this act to reduce tuition and mandatory educational and general fee charges to Virginia undergraduate students in FY 2000 by 20% from current FY 1999 levels. b) The fund source "Higher Education Operating" within Educational and General Programs for institutions of higher education includes tuition and fee revenues from nonresident students to pay their proportionate share of the amortized cost of the construction of buildings approved by the Commonwealth of Virginia Educational Institutions Bond Act of 1992. 4. The entitlement to in-state tuition charges referenced in § 23-7.4 E (iii), Code of Virginia, shall be suspended during the current biennium.
5. Mandatory fees for purposes other than Educational and General programs
shall not be increased for Virginia undergraduates in fiscal year 1999 and in
fiscal year 2000 beyond the Consumer Price Index rate of inflation for
materials and supplies, and beyond the requirements of wage and salary
increases. This restriction shall not apply in the following instances: fee
increases directly related to capital projects authorized by the General
Assembly; other fee increases specifically authorized by the General Assembly;
6. The Director of the Department of Planning and Budget shall appropriate and allot tuition and educational and general fee revenues in addition to those appropriated to the Educational and General programs of this act, provided that the additional tuition and fee revenue is not generated by increases in tuition and educational and general fees for resident undergraduates pursuant to § 4-2.01 b 3 a) of this act, and provided that the additional revenue is applied solely to the operating programs of the Educational and General programs and that the request for additional nongeneral fund budget authority is consistent with budget items adopted in this act. 7. It is the intent of the General Assembly that, effective July 1, 2000, any institution of higher education granting new tuition waivers to in-state or out-of-state students not authorized by the Code of Virginia must absorb the cost of any discretionary waivers. 8. It is the intent of the General Assembly that in-state students at Virginia's community colleges pay 20 percent of the cost of their education, and that in-state undergraduates at the other public institutions of higher education pay 25 percent of the cost of their education. Phased implementation of this policy shall begin in FY 2000 with actions that bring the share of cost for in-state community college students to no more than 23 percent, and bring the share of cost for in-state undergraduate students at the other public institutions of higher education to no more than 28 percent. c. HIGHER EDUCATION PLANNED EXCESS REVENUES: An institution of higher education may generate and retain tuition and fee revenues in excess of those provided in § 4-2.01 b preceding subject to the following: 1. Such revenues are identified by language in the appropriations in this act to any such institution. 2. The use of such funds is fully documented by the institution to the Governor prior to each fiscal year and prior to their allotment. 3. The funds are supplemental to, and not a part of, ongoing expenditure levels for educational and general programs used as the basis for funding in subsequent bienniums. 4. The receipt and expenditure of these funds shall be recorded as restricted funds on the books of the Department of Accounts and shall not revert to the surplus of the general fund at the end of the biennium. 5. Tuition and fee revenues generated by the institution other than as provided herein shall be subject to the provisions of §§ 4-1.03 b and 4-1.05 b 3 of this act.
§ 4-2.02 GENERAL FUND REVENUE a. STATE AGENCY PAYMENTS INTO GENERAL FUND: 1. Except as provided in subdivision 2 of this subsection, all moneys, fees, taxes, charges and revenues received at any time by the following agencies from the sources indicated shall be paid immediately into the general fund of the state treasury: a) Marine Resources Commission, from all sources, except: 1) Revenues payable to the Special Public Oyster Rocks Replenishment Fund established by § 28.2-542, Code of Virginia. 2) Revenue payable to the Virginia Marine Products Fund established by § 3.1-684.63, Code of Virginia. 3) Revenue payable to the Virginia Saltwater Recreational Fishing Development Fund established by § 28.2-302.3, Code of Virginia. 4) Revenue payable to the Marine Fishing Improvement Fund established by § 28.2-208, Code of Virginia. b)1) Department of Labor and Industry, or any other agency, for the administration of the state labor and employment laws under Title 40.1, Code of Virginia. 2) Department of Labor and Industry, from boiler and pressure vessel inspection certificate fees, pursuant to § 40.1-51.15, Code of Virginia. c) All state institutions for the mentally ill or mentally retarded, from fees or per diem paid employees for the performance of services for which such payment is made, except for a fee or per diem allowed by statute to a superintendent or staff member of any such institution when summoned as a witness in any court. d) Department of Medical Assistance Services, from funds received from health care providers as a result of overpayments made in previous fiscal years and recoveries from third parties, after a determination is made of the Commonwealth's share of such recoveries. e) State Board of Bar Examiners, from all sources. f) Secretary of the Commonwealth, from all sources. g) Institutions in the Department of Corrections, as required by law, including revenues from sales of dairy and farm products, and payments to the Department of Corrections from the U.S. Immigration and Naturalization Service for the housing of illegal aliens and other inmates, but excluding payments to the Virginia Correctional Enterprises, the Department of Corrections and Department of Correctional Education for work performed by inmates, and by work-release prisoners for their expenses. Notwithstanding § 53.1-45, Code of Virginia, the Department is authorized to sell dairy, animal or farm products on the open market and through the Virginia Farmer's Market Network, for those products for which Virginia imports more than it exports. h) Auditor of Public Accounts, from charges for audits or examinations when the law requires that such costs be borne by the county, city, town, regional government or political subdivision of such governments audited or examined. i) Department of Education, from repayment of student scholarships and loans, except for the cost of such collections. j) Department of the Treasury, from the following sources: 1) Fees collected from insurance companies for the safekeeping and handling of securities or surety bonds deposited with the State Treasurer pursuant to § 38.2-1057, Code of Virginia. 2) Fees collected for handling cash and securities deposited with the State Treasurer pursuant to § 46.2-454, Code of Virginia. k) Attorney General, from recoveries of attorneys' fees and costs of litigation. l) Department of Social Services, from net revenues received from child support collections after all disbursements are made in accordance with state and federal statutes and regulations, and the state's share of the cost of administering the programs is paid. m) Department of General Services, from net revenues received from refunds of overpayments of utilities charges in prior fiscal years, after deduction of the cost of collection and any refunds due to the federal government. 2. The provisions of subdivision 1 of this subsection shall not apply to proceeds from the sale of surplus materials pursuant to § 2.1-457.3, Code of Virginia. However, the State Comptroller is authorized to transfer to the general fund of the state treasury, out of the credits under § 4-1.05 b 1 of this act, sums derived from the sale of property purchased with general fund appropriations. The State Comptroller may authorize similar transfers of the proceeds from the sale of property not subject to § 2.1-457.2, unless the General Assembly provides otherwise. b. DATE OF RECEIPT OF REVENUES: All June general fund collections received under Subtitle I of Title 58.1, Code of Virginia, bearing a postmark on or before the first business day in July, when June 30 falls on a Saturday or Sunday, shall be considered as June revenue and recorded under guidelines established annually by the Department of Accounts. c. LEASES FOR COMMUNICATIONS TOWERS: 1. Any state agency, except the Virginia Department of Transportation, proposing to lease real property under its control for the erection of communications towers or the installation of nonstate-owned equipment on existing towers for electronic transmissions shall obtain prior approval of such lease as prescribed in § 2.1-504.4, Code of Virginia. The revenue from such lease shall be paid into the state treasury in accordance with § 2.1-512, Code of Virginia. 2. The Director, Department of General Services, shall provide annually a report to the Governor and the Chairmen of the House Appropriations and Senate Finance Committees, identifying the agencies entering into such leases, the location of the real property, the amount of the lease and the amount of the payments into the general fund. Such report shall be made pursuant to § 4-8.00 of this act. § 4-2.03 INDIRECT COSTS a. INDIRECT COST RECOVERIES FROM GRANTS AND CONTRACTS Each state agency, including institutions of higher education, which accepts a grant or contract shall recover full statewide and agency indirect costs unless (1) exempted from this provision by the State Comptroller or (2) prohibited by the grantor agency. b. AGENCIES OTHER THAN INSTITUTIONS OF HIGHER EDUCATION The following conditions shall apply to indirect cost recoveries received by all agencies other than institutions of higher education: 1. Indirect cost recoveries, based on the amount shown in the agency's nongeneral fund revenue estimates, shall be included by the Governor in the Budget Bill in his recommended nongeneral fund appropriations to the agency recovering the costs. The recommended nongeneral fund appropriations shall reflect the indirect costs in the program incurring the costs. 2. If actual agency indirect cost recoveries exceed the nongeneral fund amount appropriated in this act, the Director of the Department of Planning and Budget is authorized to increase the nongeneral fund appropriation to the agency by the amount of such excess. Such increase shall be made in the program incurring the costs. 3. Statewide indirect cost recoveries shall be paid into the general fund of the state treasury, unless the agency is specifically exempted from this requirement by language in this act. Any statewide indirect cost recoveries received by the agency in excess of the exempted sum shall be deposited to the general fund of the state treasury. c. INSTITUTIONS OF HIGHER EDUCATION The following conditions shall apply to indirect cost recoveries received by institutions of higher education: 1. Seventy percent shall be retained by the institution as an appropriation of funds for the conduct and enhancement of research and research-related requirements. Such funds may be used for payment of principal of and interest on bonds issued by or for the institution pursuant to § 23-19, Code of Virginia, for any appropriate purpose of the institution, including, but not limited to, the conduct and enhancement of research and research-related requirements. 2. Thirty percent of the indirect cost recoveries for the sponsored program activity levels authorized in the appropriations in Part 1 of this act shall be included in the educational and general revenues of the institution. 3. Institutions of higher education may retain 100 percent of the indirect cost recoveries related to research grant and contract levels in excess of the levels authorized in Part 1 of this act. This provision is included as an additional incentive for increasing externally funded research activities. d. REGULATIONS The State Comptroller is hereby authorized to issue regulations to carry out the provisions of this subsection, including the establishment of criteria to certify that an agency is in compliance with the provisions of this subsection. § 4-3.00 DEBT § 4-3.01 DEFICITS a. GENERAL: 1. The Governor is authorized, if he determines an emergency exists, to approve deficit funding for a state agency under the following conditions: a) an unanticipated federal or legal mandate has been imposed, b) insufficient funds are available in the first year of the biennium for start-up of General Assembly-approved action, or c) delay in action may result in a substantial increase in cost or loss of other measurable benefit to the state in a General Assembly-approved activity. Such approval by the Governor shall be in writing under the conditions described in § 4-3.02 a of this act and shall be promptly communicated to the Chairmen of the House Appropriations and Senate Finance Committees. No emergency shall be deemed to exist because of conditions which could reasonably have been foreseen when the General Assembly was in session. 2. Deficits shall not be authorized for capital projects. 3. Except as provided in subdivision 4 of this subsection or by authority of the Governor, as described above, no state agency receiving appropriations under the provisions of this act shall obligate or expend funds in excess of its appropriations nor shall it, if appropriations are in whole, or in part, from nongeneral fund revenues, obligate or expend funds in excess of or at a rate which would result in expenditures in excess of collections of such revenues combined with any general fund appropriations. 4. The Department of Transportation may obligate funds in excess of the current biennium appropriation for projects of a capital nature not covered by § 4-4.00 of this act provided such projects are delineated in the Six Year Improvement Program, as approved by the Commonwealth Transportation Board, and sufficient revenues are projected to meet all obligations for such projects. b. UNAUTHORIZED: If any agency contravenes any of the prohibitions stated above, thereby incurring an unauthorized deficit, the Governor is hereby directed to withhold approval of such excess obligation or expenditure. Further, there shall be no reimbursement of said excess, nor shall there be any liability or obligation upon the state to make any appropriation hereafter to meet such unauthorized deficit. Further, those members of the governing board of any such agency who shall have voted therefor, or its head if there be no governing board, making any such excess obligation or expenditure shall be personally liable for the full amount of such unauthorized deficit and, at the discretion of the Governor, shall be deemed guilty of neglect of official duty and be subject to removal therefor. Further, the State Comptroller is hereby directed to make public any such unauthorized deficit, and the Director of the Department of Planning and Budget is hereby directed to set out such unauthorized deficits in the next biennium budget. The Governor is hereby directed to report any such unauthorized deficit to the Chairmen of the House Appropriations and the Senate Finance Committees. In addition, the Governor is directed to bring this provision of this act to the attention of the members of the governing board of each state agency, or its head if there be no governing board, not later than the date this act becomes effective. c. AUTHORIZED: The amount which the Governor may authorize, under the provisions of this section during the current biennium, to be expended from loans repayable out of the general fund of the state treasury, for all state agencies, or other agencies combined, in excess of general fund appropriations for the current biennium, shall not exceed one and one-half percent (1 1/2%) of the revenues collected and paid into the general fund of the state treasury during the last year of the previous biennium and the first year of the current biennium. § 4-3.02 TREASURY LOANS a. DEFICIT LOANS: A state agency incurring a deficit shall prepare a plan for the Governor's review and approval, specifying appropriate financial, administrative and management actions necessary to eliminate the deficit and to prevent future deficits. If the Governor approves the plan and authorizes a state agency to incur a deficit under the provisions of this section, the amount authorized shall be obtained by the agency by borrowing the authorized amount on such terms and from such sources as may be approved by the Governor and the State Treasurer. At the close of business on the last day of the current biennium, any unexpended balance of such loan shall be applied toward repayment of the loan, unless such action is contrary to the conditions of the loan approval. The Director of the Department of Planning and Budget shall set forth in the next biennium budget all such loans which require an appropriation for repayment. A copy of the approved plan to eliminate the deficit shall be transmitted to the Chairmen of the House Appropriations and the Senate Finance Committees on approval. b. ANTICIPATION LOANS: 1. When the payment of authorized obligations for operating or capital expenses is required prior to the collection of nongeneral fund revenues or proceeds from authorized debt, any state agency may borrow from the state treasury the required sums with the prior written approval of the Secretary of Finance or his designee as to the amount, terms and sources of such funds; such loans shall not exceed the amount of the anticipated collections of such revenues or proceeds from authorized debt and shall be repaid only from such revenues or proceeds when collected. 2. Anticipation loans for operating expenses shall be in amounts not greater than the sum identified by the agency as the minimum amount required to meet the projected expenditures. The term of any anticipation loans granted for operating expenses shall not exceed twelve months. 3. Before an anticipation loan for a capital project is authorized, the agency shall develop a plan for financing such capital project; approval of the State Treasurer shall be obtained for all plans to incur authorized debt. 4. Anticipation loans for capital projects shall be in amounts not greater than the sum identified by the agency as required to meet the projected expenditures for the project within the current biennium. 5. To ensure that such loans are repaid as soon as practical and economical, the State Treasurer shall monitor the construction and expenditure schedules of all approved capital projects that will be paid for with proceeds from authorized debt and have anticipation loans. 6. The State Treasurer shall charge current market interest rates on anticipation loans made for capital projects subject to the following: a) Anticipation loans for capital projects for which debt service will be paid with general fund appropriations shall be exempt from interest payments on borrowed balances. b) Interest payments on anticipation loans for nongeneral fund capital projects shall be made from appropriated nongeneral fund revenues. Such interest shall not be paid with the funds from the anticipation loan or from the proceeds of authorized debt without the approval of the State Treasurer. § 4-3.03 CAPITAL LEASES a. GENERAL: 1. Not later than September 1 of each year, all agencies and institutions of the Commonwealth proposing building projects that may qualify as capital lease agreements, as defined in Generally Accepted Accounting Principles (GAAP), and that may be supported in whole, or in part, from appropriations provided for in this act, shall submit copies of such proposals to the Directors of the Departments of Planning and Budget and General Services, the State Comptroller, and the State Treasurer. The Secretary of Finance may promulgate guidelines for the review and approval of such requests. 2. The proposals shall be submitted in such form as the Secretary of Finance may prescribe. The Comptroller and the Director of the Department of General Services shall be responsible for evaluating the proposals to determine if they qualify as capital lease agreements. The State Treasurer shall be responsible for incorporating existing and proposed capital lease agreements in the annual Debt Capacity Advisory Committee reports. b. APPROVAL OF FINANCINGS: 1. For any project which qualifies as a capital lease, as defined in the preceding subdivisions a 1 and 2, and which is financed through the issuance of securities, the Treasury Board shall approve the terms and structure of such financing pursuant to § 2.1-179, Code of Virginia. 2. For any project whose cost will exceed $5,000,000 and which is financed through a capital lease transaction, the Treasury Board shall approve the terms and structure of such capital lease in addition to such other reviews and approvals as may be required by law. The Departments of Accounts, General Services, and Planning and Budget shall notify the Treasury Board upon their approval of any transaction which qualifies as a capital lease under the terms of this section. The State Treasurer shall notify the Chairmen of the House Appropriations and Senate Finance Committees of the action of the Treasury Board as it regards this subsection 2. c. REPORTS: Not later than December 20 of each year, the Secretary of Finance and the Secretary of Administration shall jointly be responsible for providing the Chairmen of the House Appropriations and Senate Finance Committees with recommendations involving proposed capital lease agreements. § 4-4.00 CAPITAL PROJECTS § 4-4.01 GENERAL a. Definition: 1. When used in this section, "capital project" or "project" means acquisition of property and new construction and improvements related to state-owned property, plant or equipment (including plans therefor), as the terms "acquisition", "new construction", and "improvements" are defined in the instructions for the preparation of the Executive Budget. "Capital project" or "project" shall also mean any improvements to property leased for use by a state agency, and not owned by the state, when such improvements are financed by public funds, except as hereinafter provided in subdivisions 3 and 4 of this subsection. 2. The provisions of this section are applicable equally to acquisition of property and plant by purchase, gift, or any other means, including the acquisition of property through a lease/purchase contract, regardless of the method of financing or the source of funds. Acquisition of property by lease shall be subject to § 4-5.09 of this act. 3. The provisions of this section shall not apply to property or equipment acquired by lease or improvements to leased property and equipment when the improvements are provided by the lessor pursuant to the terms of the lease and upon expiration of the lease remain the property of the lessor. 4. The provisions of this section shall not apply to property leased by state agencies for the purposes described in §§ 2.1-504.4 C and 33.1-93, Code of Virginia. b. Legislative Approval: It is the intent of the General Assembly that, with the exceptions noted in this paragraph, all capital projects to be undertaken by agencies of the Commonwealth, including institutions of higher education, shall be pursuant to approvals by the General Assembly at its regular sessions in even-numbered years. The consideration of capital projects in odd-numbered years shall be limited to: 1. Supplementing projects which have been bid and determined to have insufficient funding to be placed under contract, and 2. Projects declared by the Governor or the General Assembly to be of an emergency nature, which may avoid an increase in cost or otherwise result in a measurable benefit to the state, and/or which are required for the continued use of existing facilities. This paragraph does not prohibit the initiation of projects authorized by § 4-4.01 j hereof, or projects included under the central appropriations for capital project expenses in this act. c. Preliminary Requirements: In regard to each capital project for which appropriation or reappropriation is made pursuant to this act, or which is hereafter considered by the Governor for inclusion in the Executive Budget, or which is offered as a gift or is considered for purchase, the Governor is hereby required: (1) to determine the urgency of its need, as compared with the need for other capital projects as herein authorized, or hereafter considered; (2) to determine whether the proposed plans and specifications for each capital project are suitable and adequate, and whether they involve expenditures which are excessive for the purposes intended; (3) to determine whether labor, materials, and other requirements if any, needed for the acquisition or construction of such project can and will be obtained at reasonable cost; and (4) to determine whether or not the project conforms to a site or master plan approved by the Governor for a program approved by the General Assembly.
d. Initiation Generally: 1. No architectural or engineering planning for, or construction of, or purchase of any capital project shall be commenced or revised without the prior written approval of the Governor. 2. The requirements of § 10.1-1190, Code of Virginia, shall be met prior to the release of funds for a major state project, provided, however, that the Governor is authorized to release from any appropriation for a major state project made pursuant to this act such sum or sums as may be necessary to pay for the preparation of the environmental impact report required by § 10.1-1188, Code of Virginia. 3. The Governor, at his discretion, may release from any capital project appropriation or reappropriation made pursuant to this act such sum (or sums) as may be necessary to pay for the preparation of plans and specifications by architects and engineers, provided that the estimated cost of the construction covered by such drawings and specifications does not exceed the appropriation therefor; provided, further, however, that the architectural and engineering fees paid on completion of the preliminary design for any such project may be based on such estimated costs as may be approved by the Governor in writing, where it is shown to the satisfaction of the Governor that higher costs of labor or material, or both, or other unforeseen conditions, have made the appropriation inadequate for the completion of the project for which the appropriation was made, and where in the judgment of the Governor such changed conditions justify the payment of architectural or engineering fees based on costs exceeding the appropriation. 4. Architectural or engineering contracts shall not be awarded in perpetuity for capital projects at any state institution, agency or activity. e. Capital Projects Financed with Bonds: Capital projects proposed to be financed with (i) 9 (C) general obligation bonds or (ii) 9 (D) obligations where debt service is expected to be paid from project revenues or revenues of the agency or institution, shall be reviewed as follows: 1. Requests for inclusions in the Executive Budget of capital projects to be financed with (i) general obligation bonds or (ii) 9 (d) obligations where debt service is expected to be paid from project revenues or revenues of the agency or institution shall be submitted to the State Treasurer for evaluation of financial feasibility. Submission shall be in accordance with the instructions prescribed by the State Treasurer. The State Treasurer shall distribute copies of financial feasibility studies to the Director of the Department of Planning and Budget, the Secretary for the submitting agency or institution, and the Chairmen of the House Appropriations and Senate Finance Committees. 2. Copies of financial feasibility studies for capital projects for institutions of higher education shall also be provided to the State Council of Higher Education. The Council shall identify the impact of all projects requested by institutions of higher education, and described in § 4-4.01 e 1 above, on the current and projected cost to students in institutions of higher education and the impact of the project on the institution's need for student financial assistance. The Council shall report such information to the Secretary of Finance and the Chairmen of the House Appropriations and Senate Finance Committees not later than December 1 each year. 3. Prior to the issuance of debt for 9 (C) general obligation projects, when more than one year has elapsed since the review of financial feasibility specified in § 4-4.01 e 1 above, the State Treasurer shall again review the financial feasibility of the project prior to requesting the Governor's Opinion of Financial Feasibility required under Article X, Section 9 (c), of the Constitution of Virginia. f. Transfers to supplement capital projects from nongeneral funds may be made under the conditions set forth in §§ 4-1.03 a, 4-1.05 b 3, and 4-4.01 j of this act. g. Increase In Size And Scope: No capital project may be increased in scope or size beyond the plans and justification which supported the request and which were the basis for the appropriation or reappropriation in this act or for the Governor's authorization pursuant to § 4-4.01 j of this act; however, this prohibition is not applicable to increases in size and scope required because of circumstances determined by the Governor to be an emergency, or requirements imposed by the federal government when such capital project is for armories or other defense-related installations and is funded in whole or in part by federal funds, or minor increases in square footage determined by the Director, Department of General Services, to be reasonable based on a written justification submitted by the agency stating the necessity for the increase, with the provision that such increase will not increase the cost of the project beyond the amount appropriated. h. Omitted. i. Conformance With Space Planning Guides: If space planning guides for any type of construction have been approved by the Governor or by the General Assembly, the Governor shall require capital projects to conform to such planning guides. j. Projects Not Included In This Act: 1. Authorization by Governor: a) The Governor may authorize initiation of, planning for, construction of or acquisition of a capital project not specifically included in this act or provided for a program approved by the General Assembly through appropriations, under one or more of the following conditions: 1) The project is required to meet an emergency situation. 2) The project is to be operated as an auxiliary enterprise or sponsored program in an institution of higher education and will be fully funded by revenues of auxiliary enterprises or sponsored programs. 3) The project consists of plant or property which has become available or has been received as a gift. b) The foregoing conditions are subject to the following criteria: 1) Funds are available within the appropriations made by this act (including those subject to §§ 4-1.03 a, 4-1.05 b 3, and 4-2.03) without adverse effect on other projects or programs, or from unappropriated nongeneral fund revenues or balances. 2) In the Governor's opinion such action may avoid an increase in cost or otherwise result in a measurable benefit to the state. 3) The authorization includes a detailed description of the project, the project need, the total project cost, the estimated operating costs, and the fund sources for the project and its operating costs.
4) 5) The Chairmen of the House Appropriations and Senate Finance Committees shall be notified by the Governor prior to the authorization of any capital project under the provisions of this subsection. 2. Authorization by Director of the Department of Planning and Budget: The Director of the Department of Planning and Budget may authorize initiation of a capital project not included in this act, if the General Assembly has enacted legislation to fund the project from bonds of the Virginia Public Building Authority or from reserves created by refunding of bonds issued by the Authority. k. Acquisition, maintenance, and operation of buildings and nonbuilding facilities in colleges and universities shall be subject to the following policies: 1. The anticipated program use of the building or nonbuilding facility should determine the funding source for expenditures for acquisition, construction, maintenance, operation, and repairs. 2. Expenditures for land acquisition, site preparation beyond five feet from a building, and the construction of additional outdoor lighting, sidewalks, outdoor athletic and recreational facilities, and parking lots in the Virginia Community College System shall be made only from appropriated Trust and Agency funds, including local government allocations or appropriations, or the proceeds of indebtedness authorized by the General Assembly. 3. The general policy of the Commonwealth shall be that parking is to be operated as an auxiliary enterprise by all colleges and universities. Institutions should develop sufficient reserves for ongoing maintenance and replacement of parking facilities. 4. Expenditures for maintenance, replacement, and repair of outdoor lighting, sidewalks, and other infrastructure facilities may be made from any appropriated funds. 5. Expenditures for operations, maintenance, and repair of athletic, recreational, and public service facilities, both indoor and outdoor, should be from nongeneral funds. However, this condition shall not apply to any indoor recreational facility existing on a community college campus as of July 1, 1988. l. Legislative Intent and Reporting: Appropriations for capital projects shall be deemed to have been made for purposes which require their expenditure, or being placed under contract for expenditure, during the current biennium. Agencies to which such appropriations are made in this act or any other act are required to report progress as specified by the Governor. If, in the opinion of the Governor, these reports do not indicate satisfactory progress, he is authorized to take such actions as in his judgment may be necessary to meet legislative intent as herein defined. Reporting on the progress of capital projects shall be in accordance with § 4-8.00, Reporting Requirements. m. No expenditure from a general fund appropriation in this act shall be made to expand or enhance a capital outlay project beyond that anticipated when the project was initially approved by the General Assembly except to comply with requirements imposed by the federal government when such capital project is for armories or other defense-related installations and is funded in whole or in part by federal funds. General fund appropriations in excess of those necessary to complete the project shall not be reallocated to expand or enhance the project, or be reallocated to a different project. The prohibitions in this subsection shall not apply to transfers from projects for which reappropriations have been authorized. n. Local or private funds to be used for the acquisition, construction or improvement of capital projects for state agency use as owner or lessee shall be deposited into the state treasury for appropriation prior to their expenditure for such projects. o. The first priority of any agency or institution in requesting capital outlay appropriations shall be maintenance reserve funds. p. State-owned Registered Historic Landmarks: To guarantee that the historical and/or architectural integrity of any state-owned properties listed on the Virginia Landmarks Register and the knowledge to be gained from archaeological sites will not be adversely affected because of inappropriate changes, the heads of those agencies in charge of such properties are directed to submit all plans for significant alterations, remodeling, redecoration, restoration or repairs that may basically alter the appearance of the structure, landscaping, or demolition to the Department of Historic Resources. Such plans shall be reviewed within thirty days and the comments of that Department shall be submitted to the Governor through the Department of General Services for use in making a final determination. q. The Governor may authorize the conveyance of any interest in property or improvements thereon held by the Commonwealth to the educational or real estate foundation of any institution of higher education where he finds that such property was acquired with local or private funds or by gift or grant to or for the use of the institution, and not with funds appropriated to the institution by the General Assembly. Any approved conveyance shall be exempt from § 2.1-512, Code of Virginia, and any other statute concerning conveyance, transfer or sale of state property. If the foundation conveys any interest in the property or any improvements thereon, such conveyance shall likewise be exempt from compliance with any statute concerning disposition of state property. Any income or proceeds from the conveyance of any interest in the property shall be deemed to be local or private funds and may be used by the foundation for any foundation purpose. r. Facility Lease Agreements Involving Institutions of Higher Education: In the case of any lease agreement involving state-owned property controlled by an institution of higher education, where the lease has been entered into consistent with the provisions of § 2.1-511, Code of Virginia, the Governor may amend, adjust or waive any project review and reporting procedures of Executive agencies as may reasonably be required to promote the property improvement goals for which the lease agreement was developed. s. Energy-efficiency Projects: Improvements to state-owned properties for the purpose of energy-efficiency shall be considered an operating expense, provided that: 1. The scope of the project meets or exceeds the applicable energy-efficiency standards set forth in the American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) and the Illuminating Engineering Society (IES) standard 90.1-1989 and is limited to measures listed in guidelines issued by the Department of General Services. 2. The project is financed consistent with the provisions of § 2.1-179.2, Code of Virginia, and is executed through a nonprofessional services contract with a vendor approved by the Division of Purchases and Supply of the Department of General Services. 3. The scope of work is consistent with an energy management plan which has been approved by the Department of Mines, Minerals and Energy. 4. However, if the project scope entails: (a) constructing, enlarging, altering, repairing or demolishing a building or structure, (b) changing the use of a building either within the same use group or to a different use group when the new use requires greater degrees of structural strength, fire protection, exit facilities or sanitary provisions, or (c) removing or disturbing any asbestos-containing materials during demolition, alteration, renovation of or additions to building or structures, the project shall be subject to the state capital outlay process. 5. If the total project exceeds $250,000, the agency director will submit written notification to the Director of the Department of Planning and Budget verifying that the project meets all of the above conditions. The Director shall notify, in turn, the Chairmen of the House Appropriations and Senate Finance Committees that such projects have been initiated. t. No expenditures shall be authorized for the purchase of fee simple title to any real property to be used for a correctional facility or for the actual construction of a correctional facility provided for in this act, or by reference hereto, that involves acquisition or new construction of youth or adult correctional facilities on real property which was not owned by the Commonwealth on January 1, 1995, until the governing body of the county, city or town wherein the project is to be located has adopted a resolution supporting the location of such project within the boundaries of the affected jurisdiction. The foregoing does not prohibit expenditures for site studies, real estate options, correctional facility design and related expenditures. § 4-4.02 PLANNING AND BUDGETING a. It shall be the intent of the General Assembly to make biennial appropriations for a capital improvements program sufficient to address the program needs of the Commonwealth. The capital improvements program shall include maintenance and deferred maintenance of the Commonwealth's existing facilities, and of the facility requirements necessary to deliver the programs of state agencies and institutions. b. In effecting these policies, the Governor shall establish a capital budget plan to address the renewal and replacement of the Commonwealth's physical plant, using such guidelines as recommended by industry or government to maintain the Commonwealth's investment in its property and plant. § 4-5.00 SPECIAL CONDITIONS AND RESTRICTIONS ON EXPENDITURES § 4-5.01 TRANSACTIONS WITH INDIVIDUALS a. SETTLEMENT OF CLAIMS: 1. Whenever a dispute, claim or controversy involving the interest of the Commonwealth is settled pursuant to § 2.1-127, Code of Virginia, payment may be made out of any appropriations, designated by the Governor, to the state agency(ies) which is (are) party to the settlement. 2.a.) Notwithstanding the provisions of §4-5.01.a.1., the Comptroller shall pay a total of up to $58,000 out of the unappropriated balance derived by subtracting the total general fund appropriations authorized by this act from the total general fund revenues as set out on page 1 of this act. The Comptroller shall disburse these funds in the following manner: b.) An amount equal to the attorneys' fees, litigation expenses, and travel-related expenses actually incurred by Michele Finn in connection with legal actions instituted by the Commonwealth or any of its political subdivisions or their officers, employees, or agents relating to the events preceding the death of Hugh Finn for which receipts are presented to the Comptroller, provided that (i) the total amount of such reimbursements, exclusive of any fees, costs and expenses for which Michele Finn is reimbursed upon final resolution of her motion for fees and sanctions filed in the Circuit Court of Prince William County, Chancery No. 44386, shall not exceed $48,000 and (ii) any fees, costs and expenses for which Michele Finn is reimbursed upon final resolution of her motion for fees and sanctions filed in the Circuit Court of Prince William County, Chancery No. 44386, shall not be eligible for reimbursement under this paragraph. Payment of sums to Michele Finn under this paragraph shall be contingent upon the execution by her of a release of all claims she may have against the Commonwealth or any of its political subdivisions or their officers, employees, or agents in connection with any legal actions instituted by them relating to the events preceding the death of Hugh Finn. c.) Ten thousand dollars to John Finn, upon (i) execution by him of a release of all claims he may have against Michele Finn or the Commonwealth or any of its political subdivisions or their officers, employees, or agents in connection with the legal actions taken in relation to events preceding the death of Hugh Finn, and (ii) his execution of a certification committing him to distribute an appropriate portion of such funds among the other relatives of Hugh Finn who incurred expenses in connection with the legal actions taken in relation to events preceding the death of Hugh Finn. 3. The Virginia State Bar shall prepare an educational pamphlet for use by non-attorneys that addresses the benefits of health-decision planning. The pamphlet shall address the preparation and use of advance medical directives, powers of attorney, and other procedures by which a person may make his or her desires known regarding the extent to which he or she wishes to extend life through artificial life-support means, in the event such person is in a persistent vegetative state or has another terminal condition. The Virginia State Bar shall conduct a series of continuing legal education seminars during fiscal year 1999-2000 for members of the Virginia State Bar, relating to health-decision planning. The pamphlets shall be made available to members of the Virginia State Bar attending the seminars for free distribution to members of the public. b. STUDENT FINANCIAL ASSISTANCE FOR HIGHER EDUCATION: 1. General: a) The appropriations made in this act to state institutions of higher education within the items for student financial assistance, may be expended for any one, all, or any combination of the following purposes: grants to undergraduate students enrolled at least one-half time in a degree, certificate or diploma program; grants to full-time graduate students; institutional contributions to federal or private student grant aid programs requiring matching funds by the institution, except for programs requiring work. The State Council of Higher Education for Virginia shall annually approve each institution's proposed plan for the expenditures of its appropriation for undergraduate student financial assistance. The proposed plan shall include the institution's assumptions and calculations for determining the cost of education and student financial need. For the purposes of the proposed plan, each community college shall be considered independently. b) All awards made to undergraduate students from such items shall be for Virginia students only and such awards shall offset all, or portions of, the costs of tuition and required fees, and, in the case of students qualifying under subparagraph b 2 c)1), the cost of books. All undergraduate financial aid award amounts funded by this appropriation shall be proportionate to the financial need of individual students, with students with higher levels of remaining need receiving grants before other students. No criteria other than the need of the student shall be used to determine the award amount. Because of the low cost of attendance, a modified approach should be implemented for community college and Richard Bland College students that recognizes that federal grants provide a much higher portion of cost than at other institutions. Student financial need shall be determined by a need-analysis system approved by the Council. c) All need-based awards made to graduate students shall be determined by the use of a need-analysis system approved by the Council. d) A student who receives a grant under such items and who, during a semester, withdraws from the institution which made the award must surrender the balance of the unused portion. The tuition refund policy in effect at the particular institution will determine the amount of the unused portion of the award and thereby the amount of the award that must be reclaimed by the institution. e) An award made under such items to assist a student in attending an institution's summer session shall be prorated according to the size of comparable awards made in that institution's regular session. f) The provisions of this act under the heading "Student Financial Assistance for Higher Education" shall not apply to the soil scientist scholarships authorized under § 23-38.3, Code of Virginia. g) Unless noted elsewhere in this act, awards shall be named "Commonwealth" grants. 2. Grants To Undergraduate Students: a) Each institution which makes undergraduate grants paid from its appropriation for student financial assistance shall expend such sums as approved for that purpose by the Council. b) A student receiving an award must be duly admitted and enrolled in a degree, certificate or diploma program at the institution making the award, and shall be making satisfactory academic progress. c)1) It is the intent of the General Assembly that students eligible under the Virginia Guaranteed Assistance Program (VGAP) authorized in Title 23, Chapter 4.4:2, Code of Virginia, shall receive grants before all other students at the same institution with equivalent financial need from the appropriations for undergraduate student financial assistance found in Part 1 of this act (subprogram 1081000 - Scholarships). In each instance, (VGAP) eligible students shall receive awards greater than other students with equivalent financial need. 2) The amount of each (VGAP) grant shall vary according to each student's remaining need and the total of tuition, all required fees and the cost of books at the institution the student will attend upon acceptance for admission. The actual amount of the (VGAP) award will be determined by the proportionate award schedule adopted by each institution; however, those students with the greatest financial need shall be guaranteed an award at least equal to tuition. 3) It is the intent of the General Assembly that the Virginia Guaranteed Assistance Program serve as an incentive to financially needy students now attending elementary and secondary school in Virginia to raise their expectations and their academic performance and to consider higher education an achievable objective in their futures. 4) Students may not receive a VGAP and a Commonwealth grant in the same semester. 3. Grants To Graduate Students: a) An individual award may be based on financial need but may, in addition to or instead of, be based on other criteria determined by the institution making the award. The amount of an award shall be determined by the institution making the award; however, the Council shall annually be notified as to the maximum size of a graduate award that is paid from funds in the appropriation. b) The institution is required to transfer to educational and general appropriations all funds used to pay graduate assistantships or for duties which require work. c) A student receiving a graduate award paid from the appropriation must be duly admitted into a graduate degree program at the institution making the award. d) Not more than 50 percent of the funds designated by an institution as graduate grants from the appropriation, and approved as such by the Council, shall be awarded to persons not eligible to be classified as Virginia domiciliary resident students. 4. Matching Funds: Any institution of higher education may, with the approval of the Council, use funds from its appropriation for fellowships and scholarships to provide the institutional contribution to any student financial aid program established by the federal government or private sources which requires the matching of the contribution by institutional funds, except for programs requiring work. 5. Discontinued Loan Program: a) If any federal student loan program for which the institutional contribution was appropriated by the General Assembly is discontinued, the institutional share of the discontinued loan program shall be repaid to the fund from which the institutional share was derived unless other arrangements for the use of the funds are recommended by the Council and approved by the Department of Planning and Budget. Should the institution be permitted to retain the federal contributions to the program, the funds shall be used according to arrangements authorized by the Council and approved by the Department of Planning and Budget. b)1) An institution of higher education may discontinue its student loan fund established pursuant to Title 23, Chapter 4.01, Code of Virginia. The full amount of cash in such discontinued loan fund shall be paid into the state treasury into a nonrevertible nongeneral fund account. Prior to such payment, the State Comptroller shall verify its accuracy, including the fact that the cash held by the institution in the loan fund will be fully depleted by such payment. The loan fund shall not be reestablished thereafter for that institution. 2) The cash so paid into the state treasury shall be used only for grants to undergraduate and graduate students in the Higher Education Student Financial Assistance program according to arrangements authorized by the Council and approved by the Department of Planning and Budget. 3) Payments on principal and interest of any promissory notes held by the discontinued loan fund shall continue to be received by the institution, which shall deposit such payments in the state treasury to the nonrevertible nongeneral fund account specified in subdivision (1) preceding, to be used for grants as specified in (2) preceding. 6. Reporting: The Council shall collect student-specific information for undergraduate students as is necessary for the operation of the Student Financial Assistance Program. The Council shall maintain regulations governing the operation of the Student Financial Assistance Program based on the provisions outlined in this section and State Council policy. § 4-5.02 INTERGOVERNMENTAL TRANSACTIONS STATE GRANTS TO LOCALITIES: Every state agency which provides from its appropriations grants of general or nongeneral funds to an agency of local government shall first determine the duration of the level of funding of the grant. If, in the opinion of the granting agency, the grant will terminate within three years or, if the grant is for a longer period, and the level of funding will fluctuate significantly, the granting agency shall provide the governing body(ies) of the local government with a written statement of the grant duration, amount, purpose, conditions and limitations upon funding continuation. No expenditure to effect any grant from a state agency shall be made without the written approval of the governing body(ies). "Grant" for this purpose is defined as an allocation of funds by the granting agency on a discretionary basis, not mandated by the laws of Virginia. § 4-5.03 INTERAGENCY TRANSACTIONS TRANSFERS AND CHARGES FOR LABOR OR FARM COMMODITIES: The Governor may authorize or direct the transfer of prisoner labor, or of farm commodities produced, at any state agency to any other state agency. It is further provided that unit prices of foodstuffs or other commodities produced on farms shall be fixed on a basis no more frequently than semi-annually by the Director of the Department of Corrections. These unit prices shall be the basis for charging the value of foods produced by the farms and consumed by the producing agencies or sold to other state agencies of the Commonwealth under the provisions of § 2.1-453, Code of Virginia. § 4-5.04 THIRD PARTY TRANSACTIONS a. EMPLOYMENT OF ATTORNEYS: 1. All attorneys authorized by this act to be employed by any state agency and all attorneys compensated out of any moneys appropriated in this session of the General Assembly shall be appointed by the Attorney General and be in all respects subject to the provisions of Chapter 11, Title 2.1, Code of Virginia, to the extent not to conflict with Chapter 4, Title 12.1, Code of Virginia; provided, however, that if the Governor certifies the need for independent legal counsel for any Executive Department agency, such agency shall be free to act independently of the Office of the Attorney General in regard to selection, and provided, further, that compensation of such independent legal counsel shall be paid from the moneys appropriated to such Executive Department agency or from the moneys appropriated to the Office of the Attorney General. 2. This section does not apply to attorneys employed by state agencies in the Legislative Department, Judicial Department or Independent Agencies. 3. Reporting on employment of attorneys shall be in accordance with § 4-8.00, Reporting Requirements. b. STUDIES AND CONSULTATIVE SERVICES REQUIRED BY GENERAL ASSEMBLY: No expenditure for payments on third party nongovernmental contracts for studies or consultative services shall be made out of any appropriation to the General Assembly or to any study group created by the General Assembly, nor shall any such expenditure for third party nongovernmental contracts be made by any Executive Department agency in response to a legislative request for a study, without the prior approval of two of the following persons: the Chairman of the House Appropriations Committee; the Chairman or Vice-Chairman of the Senate Finance Committee; the Speaker of the House of Delegates; the President pro tempore of the Senate. All such expenditures shall be made only in accordance with the terms of a written contract approved as to form by the Attorney General. § 4-5.05 SERVICES AND CLIENTS a. CHANGED COST FACTORS: No state agency, or its governing body, shall alter factors (e.g., qualification level for receipt of payment or service) which may increase the number of eligible recipients for its authorized services or payments, or alter factors which may increase the unit cost of benefit payments within its authorized services, except with the prior written approval of the Director of the Department of Planning and Budget. b. NEW SERVICES: 1. No state agency shall begin any new service that will call for future additional property, plant or equipment or that will require an increase in subsequent general or nongeneral fund operating expenses without first obtaining the authorization of the General Assembly. However, the Governor may in writing authorize new services within the amounts and general purposes of the appropriations authorized by this act. 2. Pursuant to the policies and procedures of the State Council of Higher Education regarding approval of academic programs and the concomitant enrollment, no state institution of higher education shall operate any academic program with funds in this act unless approved by the Council and included in the Executive Budget, or approved by the General Assembly. The Council may grant exemptions to this policy in exceptional circumstances. 3. Reporting on all new services shall be in accordance with § 4-8.00, Reporting Requirements. c. OFF-CAMPUS SITES OF INSTITUTIONS OF HIGHER EDUCATION: No state institution of higher education shall establish any off-campus site without the prior approval of the State Council of Higher Education for Virginia. For the colleges of the Virginia Community College System, the State Board for Community Colleges shall be responsible for approving off-campus site offerings. Activities governed by this requirement are those at locations not contiguous to the main campus of the institution where credit or noncredit offerings are provided and for which full-time, part-time, or resident staff are employed unless specific appropriations identifying the additional activities have been made. Planning shall not be initiated for any new campus nor any operations begin at a new campus without first referring the matter to the State Council of Higher Education for Virginia for information, consideration, and recommendation to the Governor and General Assembly and without subsequent prior approval of the General Assembly. d. PERFORMANCE MEASUREMENT DATA: The Department of Planning and Budget and the staffs of the Joint Legislative Audit and Review Commission, the Senate Finance Committee and the House Appropriations Committee shall continue their efforts to develop and refine the Commonwealth's Performance Budget Process. The Department is directed to continue its efforts to integrate the use of agency and institution strategic plans and performance measurement information with budget development and budget decision making. The Department is further directed to coordinate the development of strategic plans and performance measures for agencies in the Executive Department and to prescribe guidelines and criteria for that purpose. § 4-5.06 GOODS AND SERVICES a. STUDENT ATTENDANCE AT INSTITUTIONS OF HIGHER EDUCATION: 1. Public Information Encouraged: Each public institution of higher education is expected and encouraged to provide prospective students with accurate and objective information about its programs and services. The institution may use public funds under the control of the institution's Board of Visitors for the development, preparation and dissemination of factual information about the following subjects: academic programs; special programs for minorities; dates, times and procedures for registration; dates and times of course offerings; admission requirements; financial aid; tuition and fee schedules; and other information normally distributed through the college catalog. This information may be presented in any and all media, such as newspapers, magazines, television or radio where the information may be in the form of news, public service announcements or advertisements. Other forms of acceptable presentation would include brochures, pamphlets, posters, notices, bulletins, official catalogs, flyers available at public places and formal or informal meetings with prospective students. 2. Excessive Promotion Prohibited: Each public institution of higher education is prohibited from using public funds under the control of the institution's Board of Visitors for the development, preparation, dissemination or presentation of any material intended or designed to induce students to attend by exaggerating or extolling the institution's virtues, faculty, students, facilities or programs through the use of hyperbole. Artwork and photographs which exaggerate or extol rather than supplement or complement permissible information are prohibited. Mass mailings are generally prohibited; however, either mass mailings or newspaper inserts, but not both, may be used if other methods of distributing permissible information are not economically feasible in the institution's local service area. 3. Compliance: The president or chancellor of each institution of higher education is responsible for the institution's compliance with this subsection. b. INFORMATION TECHNOLOGY FACILITIES AND SERVICES:
1.Written approval of the Secretary of Technology shall be obtained before any state agency or institution of higher education contracts for telecommunications services from a nongovernmental source. Written approval of the Director of the Department of Information Technology shall be obtained before any state agency, not to include institutions of higher education: a) contracts for the continuous use of any item of telecommunications equipment, or b) contracts for the purchase of any item of telecommunications equipment. 2. The Director of the Division of Legislative Automated Systems is authorized to purchase computer hardware or software in an amount not to exceed $25,000 per purchase without the prior approval of the Department of General Services.
3. Any computer hardware or software purchases of 4. If the billing rates and associated systems for computer, telecommunications and systems development services to state agencies are altered, the Director, Department of Planning and Budget, may transfer appropriations from the general fund between programs affected. These transfers are limited to actions needed to adjust for overfunding or underfunding the program appropriations affected by the altered billing systems. 5. Before any state agency agrees to purchase from a government agency data processing systems development, systems enhancement, or systems modification services which are expected to exceed $100,000 in cost, the purchasing agency must provide the Department of Information Technology with a written determination that it is not in the best interest of the Commonwealth to procure those services from a nongovernmental contractor through the competitive negotiation procedures defined in § 11-37, Code of Virginia. The Secretary of Administration may issue an emergency exemption to this requirement.
6. Any Request for Proposal for 7. The provisions of this subsection shall not in any way affect the duties and responsibilities of the State Comptroller under the provisions of § 2.1-196.1, Code of Virginia. It is in the interest of the Commonwealth that its institutions of higher education be in the forefront of development in technology. Therefore, the provisions of this subsection shall not be construed to hamper the institutions' activities in instruction and research.
8. It is the intent of the General Assembly that information technology (IT)
systems, products,data, and service costs, including geographic information
systems (GIS), be contained through the shared use of existing or planned
equipment, data, or services which may be available or soon made available for
use by state agencies
9. c. MOTOR VEHICLES AND AIRCRAFT: 1. No motor vehicles (including station wagons) shall be purchased or leased with public funds by the state or any officer or employee on behalf of the state without the prior written approval of the Commonwealth Transportation Commissioner. The Director of the Department of General Services is hereby authorized to transfer surplus motor vehicles among the state agencies, and determine the value of such surplus equipment for the purpose of maintaining the financial accounts of the state agencies affected by such transfers. 2. The Director of the Department of Aviation shall prepare general guidelines regarding aircraft acquisition and use that shall include a requirement for state agencies to develop written policies on usage, charge rates and record keeping. The Director shall examine the aircraft needs of state agencies and determine the most efficient and effective method of organizing and managing the Commonwealth's aircraft operations. The Director shall implement the aircraft management system he determines to be most suitable and revise it periodically as the need arises. d. DRUG PURCHASES: No state agency shall dispense drugs purchased from appropriations in this act for Title XIX, Social Security Act. This provision shall not apply to drugs dispensed to patients of institutions operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services, and the hospital at the University of Virginia and to patients of local health departments. e. MOTION PICTURE, TELEVISION AND RADIO SERVICES PRODUCTION: No state agency shall expend any public funds for the production of motion picture films or of programs for television transmission, or for the operation of television or radio transmission facilities, without the prior written approval of the Governor or as otherwise provided in this act, except for educational television programs produced for elementary-secondary education by authority of the Department of Information Technology. With respect to television programs which are so approved and other programs which are otherwise authorized or are not produced for television transmission, state agencies may enter into contracts without competitive sealed bidding, or competitive negotiation, for program production and transmission services which are performed by public telecommunications entities, as defined in § 2.1-563.13, Code of Virginia. f. TRAVEL: Reimbursement for the cost of travel on official business of the state government is authorized to be paid pursuant to law and regulations issued by the State Comptroller to implement such law. Notwithstanding any contrary provisions of law: 1. For the use of personal automobiles in the discharge of official duties outside the continental limits of the United States, the State Comptroller may authorize an allowance not exceeding the actual cost of operation of such automobiles; 2. The first 15,000 miles of use during each fiscal year of personal automobiles in the discharge of official duties within the continental limits of the United States shall be reimbursed at the rate of 27.0 cents per mile, or in the instance of a state employee, at the lesser of (a) 27.0 cents per mile or (b) the lowest rate charged by the Division of Fleet Management, Department of Transportation, for the use of state-owned automobiles. If the head of the state agency concerned certifies that a state-owned vehicle was not available, or if, according to regulations issued by the State Comptroller, the use of a personal automobile in lieu of a state-owned automobile is considered to be an advantage to the state, the reimbursement shall be at the rate of 27.0 cents per mile. For such use in excess of 15,000 miles in each fiscal year, the reimbursement shall be at a rate of 13.0 cents per mile; 3. The State Comptroller may authorize exemptions to restrictions upon use of common carrier accommodations; 4. The State Comptroller may authorize reimbursement by per diem in lieu of actual costs of meals and any other expense category deemed necessary for the efficient and effective operation of state government; and 5. This section shall not apply to members and employees of public school boards. g. SMALL PURCHASE CHARGE CARD: The State Comptroller is hereby authorized to charge state agencies a per check fee of $1 when, in his judgment, agencies have failed to comply with the provisions of the Commonwealth's Small Purchase Charge Card program, thereby incurring unnecessary administrative costs for the printing and mailing of checks for small dollar amounts. The fee shall be collected by the Department of Accounts through accounting entries. § 4-5.07 NONSTATE AGENCIES, INTERSTATE COMPACTS AND ORGANIZATIONAL MEMBERSHIPS a.1. The accounts of any agency, however titled, which receives funds from this or any other appropriating act, and is not owned or controlled by the Commonwealth of Virginia, shall be subject to audit or shall present an audit acceptable to the Auditor of Public Accounts when so directed by the Governor or the Joint Legislative Audit and Review Commission. The agency shall provide for the segregation and accounting of state funds under such rules and regulations as the State Comptroller may prescribe. 2. For purposes of this subsection, the definition of "nonstate agency" is that contained in § 2.1-394.1, Code of Virginia. b.1. No allotment of appropriations shall be made to a nonstate agency until such agency has certified to the Secretary of Finance that cash is on hand and available to match equally all or any part of an appropriation which may be provided by the General Assembly, unless the agency is specifically exempted from this requirement by language in this act. Such matching funds shall not have been previously used to meet the match requirement in any prior appropriation act. In-kind or other forms of noncash assistance shall not be deemed to satisfy the match requirement unless specifically allowed by language in this act. 2. The provisions of § 11-35 I, Code of Virginia shall apply to any expenditure of state appropriations by a nonstate agency. c. Each interstate compact commission and each organization in which the Commonwealth of Virginia or a state agency thereof holds membership, and the dues for which are provided in this act or any other appropriating act, shall submit its biennial budget request to the state agency under which such commission or organization is listed in this act. The state agency shall include the request of such commission or organization within its own request, but identified separately. Each agency shall submit by September 1, 1998, a report to the Director, Department of Planning and Budget, listing the name and purpose for organizational memberships with annual dues of $5,000 or more. Requests by the commission or organization for disbursements from appropriations shall be submitted to the designated state agency. d. Unless specifically exempted by language in this act, operating appropriations in excess of $100,000 shall be disbursed to nonstate agencies, with the exception of interstate compacts, commissions, and organizations in which the Commonwealth holds membership and the dues for which are designated by language in this act, in twelve or fewer equal monthly installments depending on when the first payment is made within the fiscal year. § 4-5.08 DELEGATION OF AUTHORITY a. The designation in this act of an officer or agency head to perform a specified duty shall not be deemed to supersede the authority of the Governor to delegate powers under the provisions of § 2.1-39.1, Code of Virginia. b.1. The provisions of § 4-5.08 b of Chapter 912 of the Acts of Assembly of 1996, pertaining to pilot programs for capital outlay projects in selected institutions of higher education, are hereby continued until June 30, 2000. As required by the cited section, the Secretaries of Administration and Finance shall report to the 1999 Session of the General Assembly on the pilot programs terminating on September 1, 1998. The Secretaries shall report to the 2000 and 2001 Sessions of the General Assembly on pilot programs in additional institutions of higher education which they may authorize under this section. The evaluation of the institutions' management of the capital outlay pilot projects by the Secretaries of Administration and Finance and the House Appropriations and Senate Finance Committees shall begin on September 1, 1998. The pilot program shall be expanded to include Old Dominion University. 2. Notwithstanding the provisions of §11-55, Code of Virginia, no approval of the Governor shall be required for contract modifications as specified therein for the pilot programs of the selected institutions of higher education referenced in paragraph 1., provided that contract modifications of such projects, including construction and architectural and engineering change orders, shall be approved by the Boards of Visitors, which may further delegate this authority to the President, a Vice President, or the individual responsible for facilities design and construction matters at the selected institution of higher education to act on its behalf. 3. The selected institutions are hereby granted a waiver until June 30, 2000, from the provisions of § 11-37, Competitive Negotiation, subparagraph 3.a., Code of Virginia, regarding the not to exceed amount for a single project, the not to exceed sum of all projects performed, and the option to renew for an additional term, contingent upon the enactment of legislation in the 1999 Session of the General Assembly to amend § 11-37 accordingly. c. The provisions of § 4-5.08 c of Chapter 912 of the Acts of Assembly of 1996 pertaining to pilot programs for real property leases in selected institutions of higher education are hereby continued until June 30, 2000. As required by the cited section, the Secretaries of Administration and Finance shall report to the 1999 Session of the General Assembly on the pilot programs terminating on September 1, 1998. The Secretaries shall report to the 2000 and 2001 Sessions of the General Assembly on pilot programs in additional institutions of higher education which they may authorize under this section. The evaluation of the institutions' management of the real property lease pilot projects by the Secretaries of Administration and Finance and the House Appropriations and Senate Finance Committees shall begin on September 1, 1998. The pilot program shall be expanded to include Old Dominion University. d. Any nongeneral fund project developed by the University of Virginia, Virginia Polytechnic Institute and State University, or The College of William and Mary, with an estimated cost of $500,000 or less, shall be exempt from the capital outlay review and approval process. e. Notwithstanding any contrary provision of law or this act, delegations of authority in this act to the Governor shall apply only to agencies and personnel within the Executive Department, unless specifically stated otherwise. f. Virginia Commonwealth University is hereby delegated the authorities of the Department of General Services and the Governor provided in §§ 2.1-504.2 and 23-4.1 of the Code of Virginia to enter into leases with the Medical College of Virginia Hospitals Authority for space within the facilities which are the subject of the Master Lease between the University and the Authority dated June 10, 1997. This delegation of authority is subject to the following stipulations and conditions: 1. It is limited to operating leases and excludes capital leases as defined by Generally Accepted Accounting Principles (GAAP); 2. The Board of Visitors of Virginia Commonwealth University shall develop policies, procedures, and guidelines which shall be approved by the Secretaries of Finance and Administration; and 3. The form of the lease shall be approved by the Attorney General or his designee, and the lease otherwise meets all requirements of law and the leased property is certified for occupancy by the building official of the county or municipality in which the leased property is located. By August 1, 1998, the Secretaries of Finance and Administration shall approve the policies, procedures, and guidelines developed by the Board of Visitors of Virginia Commonwealth University. § 4-5.09 LEASE PAYMENTS a. Agencies shall not acquire real property by lease until the agency certifies to the Director of the Department of General Services that (i) funds are available within the agency's appropriations made by this act for the cost of the lease and (ii) the volume of leased space conforms with the space planning procedures for leased facilities developed by the Department of General Services and approved by the Governor. The Governor may waive these requirements if, in his opinion, such action may avoid an increase in cost or otherwise result in a measurable benefit to the state and funds are available within the appropriations made by this act, without adverse impact on other projects or programs, or from unappropriated nongeneral fund revenues or balances. Any such waivers approved by the Governor shall be reported in accordance with § 4-8.00, Reporting Requirements. b. Agencies acquiring personal property in accordance with § 2.1-179.2, Code of Virginia, shall certify to the State Treasurer that funds are available within the agency's appropriations made by this act for the cost of the lease. § 4-5.10 REMEDIAL EDUCATION Senior institutions of higher education shall make arrangements with community colleges for the remediation of students accepted for admission by the senior institutions. § 4-5.11 SEMICONDUCTOR MANUFACTURING PERFORMANCE GRANT PROGRAMS a. The Comptroller shall not draw any warrants to issue checks for semiconductor manufacturing performance grant programs, pursuant to Title 59.1, Chapter 22.3, Code of Virginia, without a specific legislative appropriation. The appropriation shall be in accordance with the terms and conditions set forth in a memorandum of understanding between a qualified manufacturer and the Commonwealth. These terms and conditions shall supplement the provisions of the Semiconductor Manufacturing Performance Grant Program, the Semiconductor Memory or Logic Wafer Manufacturing Performance Grant Program, and the Semiconductor Memory or Logic Wafer Manufacturing Performance Grant Program II, as applicable, and shall include but not be limited to the numbers and types of semiconductor wafers that are produced; the level of investment directly related to the building and equipment for manufacturing of wafers or activities ancillary to or supportive of such manufacturer within the eligible locality; and the direct employment related to these programs. To that end, the Secretary of Commerce and Trade shall certify in writing to the Governor and to the Chairmen of the House Appropriations and Senate Finance Committees the extent to which a qualified manufacturer met the terms and conditions. The appropriation shall be made in full or in proportion to a qualified manufacturer's fulfillment of the memorandum of understanding. b. The Governor shall consult with the House Appropriations and Senate Finance Committees before amending any existing memorandum of understanding. These Committees shall have the opportunity to review any changes prior to their execution by the Commonwealth. § 4-5.12 DISPOSITION OF SURPLUS REAL PROPERTY a. Notwithstanding the provisions of § 2.1-512, Code of Virginia, the departments, divisions, institutions, or agencies of the Commonwealth, or the Governor, shall sell or lease surplus real property only under the following circumstances: 1. Any emergency declared in accordance with § 44-146.18:2 or § 44-146.28, Code of Virginia, or 2. Not less than thirty days after the Governor notifies, in writing, the chairmen of the House Appropriations and Senate Finance Committees regarding the planned conveyance, including a statement of the proceeds to be derived from such conveyance and the individual or entity taking title to such propery. b. In either circumstance provided for in subsection a of this section, the cognizant board or governing body of the agency or institution holding title or otherwise controlling the state-owned property shall approve, in writing, the proposed conveyance of the property. § 4-5.13 SURPLUS PROPERTY TRANSFERS FOR ECONOMIC DEVELOPMENT a. The Commonwealth shall receive the fair market value of surplus state property which is designated by the Governor for economic development purposes, and for any properties owned by an Industrial Development Authority in any county where the Commonwealth has a continuing interest based on the deferred portion of the purchase price, which shall be assessed by more than one independent appraiser certified as a Licensed General appraiser. Such property shall not be disposed of for less than its fair market value as determined by the assessments. b. Recognizing the commercial, business and industrial development potential of certain lands declared surplus, and for any properties owned by an Industrial Development Authority in any county where the Commonwealth has a continuing interest based on the deferred portion of the purchase price, the Governor shall be authorized to utilize funds available in the Governor's discretion, to meet the requirements of § 4-5.13 a. of this Act. Sale proceeds, together with the money from the Governor's Development Opportunity Fund, shall be deposited as provided in § 2.1-512 c. of the Code of Virginia. c. Within thirty days of closing on the sale of surplus property designated for economic development, the Governor or his designee shall report to the Chairmen of the Senate Finance and House Appropriations Committees. The report shall include information on the number of acres sold, sales price, amount of proceeds deposited to the general fund and Conservation Resources Fund, and the fair market value of the sold property. § 4-5.14 INDEPENDENCE OF FOUNDATIONS OF THE PUBLIC COLLEGES AND UNIVERSITIES It is the policy of the Commonwealth to encourage private giving to the public colleges and universities and to encourage the work of independent foundations established to support and enhance their programs. Toward that end, no officer, employee or agent of the Commonwealth shall take any action that may discourage private giving, and other than the requirements of current State and federal law, no officer, employee or agency of the Commonwealth shall place, or attempt to place, limitations or requirements upon independent foundations regarding the conduct of their business. It is the intent of the General Assembly that the independence of the foundations of the public colleges and universities be respected and not interfered with in any way. However, nothing in this provision shall be construed as diminishing either the power of an institution's Board of Visitors to determine operating and policy standards for its related independent foundations or the authority of an institution's president to execute the duties assigned to him under regulations of the National Collegiate Athletic Association. Further, it is the intent of the General Assembly that the public colleges and universities maximize revenues from private giving to enhance their programs. § 4.5.15 MAINTENANCE OF PHYSICAL PLANT It is the policy of the Commonwealth that the institutions of higher education shall treat the maintenance of their facilities as a priority for the allocation of resources. No appropriations shall be transferred from the "Operation and Maintenance of Plant" subprogram except for closely and definitely related purposes, as approved by the Director of the Department of Planning and Budget or his designee. A report providing the rationale for each approved transfer shall be made to the Chairmen of the House Appropriations and Senate Finance Committees. § 4-6.00 POSITIONS AND EMPLOYMENT § 4-6.01 EMPLOYEE COMPENSATION a. The compensation of all kinds and from all sources of each appointee of the Governor and of each officer and employee in the Executive Department who enters the service of the Commonwealth or who is promoted to a vacant position shall be fixed at such rate as shall be approved by the Governor in writing or as is in accordance with rules and regulations established by the Governor. No increase shall be made in such compensation except with the Governor's written approval first obtained or in accordance with the rules and regulations established by the Governor. In all cases where any appointee, officer or employee is employed or promoted to fill a vacancy in a position for which a salary is specified by this act, the Governor may fix the salary of such officer or employee at a lower rate or amount within the respective level than is specified. In those instances where a position is created by an act of the General Assembly but not specified by this act, the Governor may fix the salary of such position in accordance with the provisions of this subsection. b. Annual salaries of persons appointed to positions listed below shall be paid in the amounts shown.
c.1.a) Annual salaries of persons appointed to positions listed in subdivision c 6 hereof shall be paid in the amounts shown for the current biennium, unless changed in accordance with conditions stated in subdivisions c 2 through c 5 hereof. b) The starting salary of a new appointee shall not exceed the midpoint of the range, except where the midpoint salary is less than a ten percent increase from an appointee's pre-appointment compensation. In such cases, an appointee's starting salary may be set at a rate which is ten percent higher than the pre-appointment compensation, provided that the maximum of the range is not exceeded. c) Nothing in subdivision c 1 shall be interpreted to supersede the provisions of § 4-6.01 e, f, g, h, i, j, k, l, and m of this act. d) Notwithstanding § 4-6.01 c 1 a), b) and c) preceding, the salary for any person who is appointed to and assumes a position listed in § 4-6.01 c 6 on and after January 17, 1998, but before July 1, 1998, shall not be reduced or increased from the salary established for such appointee pursuant to the provisions of § 4-6.01 c 1 of Chapter 924 of the 1997 Acts of Assembly. However, such appointee shall be eligible to receive compensation supplements as prescribed in Item 546 of this act. 2.a) The Governor may decrease the annual salary for incumbents of positions listed in subdivision c 6 below at any rate between the minimum and the maximum of the respective salary range in accordance with an assessment of performance and service to the Commonwealth.
b)1) The appointing or governing authority may grant performance bonuses of 0-5
percent for positions whose salaries are listed in §§ 1-1 through 1-9, 2) The appointing or governing authority shall report performance bonuses which are granted to executive branch employees to the Department of Personnel and Training for retention in its records. c) The Director, Department of the State Internal Auditor, shall be deemed to be included, effective July 1, 1987, in the performance appraisal system as established pursuant to § 4-6.01 c 1 of Chapter 643, 1986 Acts of Assembly, with any salary increase resulting therefrom applied to his salary as established in the state classified system. Such salary increase shall be in lieu of any proficiency increase for which he may be eligible in the classified system. 3. From the effective date of the Executive Pay Plan set forth in Chapter 601, Acts of Assembly of 1981, all incumbents holding positions listed in this § 4-6.01 shall be eligible for all fringe benefits provided to full-time classified state employees and, notwithstanding any provision to the contrary, the annual salary paid pursuant to this § 4-6.01 shall be included as creditable compensation for the calculation of such benefits. 4. With the prior annual written approval of the Governor, the Board of Commissioners of the Virginia Port Authority may supplement the salaries of its Executive Director, its Senior Managing Director of Marketing Services and its marketing staff from nonstate funds provided by any nonstock, nonprofit corporation which is authorized by the Virginia Port Authority to operate port facilities of the Commonwealth under its jurisdiction. In approving such supplements, the Governor should be guided by criteria which provide a reasonable limit on the total additional income of the Executive Director, the Senior Managing Director of Marketing Services and the marketing staff. The criteria should include, without limitation, a consideration of the salaries paid to similar officials at comparable ports of other states.
5. With the prior annual written approval of the Governor, the Board of
Trustees of the Virginia Museum of Fine Arts, The Science Museum of Virginia,
the Jamestown-Yorktown Foundation, and The Library Board may supplement the
salary of the Director of each museum and the 6. The following salaries shall be paid for the current biennium in the amounts shown; however, the Governor may increase such salaries to an amount not to exceed the maximum specified for the applicable level. All salary changes shall be subject to subdivisions c 2 through c 5 above.
7. Annual salaries of the directors of the independent agencies, as listed in this subdivision, shall be paid in the amounts shown. All salary changes shall be subject to subdivisions c 1, c 2, and c 3 above.
d.1.a) Annual salaries of the presidents of the senior institutions of higher education, the President of Richard Bland College, the Chancellor of Clinch Valley College, the Superintendent of the Virginia Military Institute, the Director of the State Council of Higher Education, the Director of the Southwest Virginia Higher Education Center and the Chancellor of Community Colleges, as listed in this paragraph, shall be paid in the amounts shown. b) The annual salaries of the presidents of the community colleges shall be fixed by the State Board for Community Colleges within a salary structure approved by the Governor, notwithstanding the rates shown herein. 2.a) The board of visitors of each institution of higher education may supplement the salary of its president from private gifts, endowment funds, or income from endowments and gifts. Supplements paid from other than the cited sources prior to June 30, 1997, may continue to be paid. In approving a supplement, the board of visitors should be guided by criteria which provide a reasonable limit on the total additional income of a president. The criteria should include a consideration of additional income from outside sources including, but not being limited to, service on boards of directors or other such services. The board of visitors shall report approved supplements to the Department of Personnel and Training for retention in its records. b) The State Council of Higher Education may supplement the salary of the Director from any available appropriations of the Council. In approving a supplement, the State Council of Higher Education should be guided by criteria which provide a reasonable limit on the total additional income of the Director. The criteria should include consideration of additional income from outside sources including, but not being limited to, service on boards of directors or other such services. c) The State Board for Community Colleges may supplement the salary of the Chancellor from any available appropriations of the Virginia Community College System. In approving a supplement, the State Board for Community Colleges should be guided by criteria which provide a reasonable limit on the total additional income of the Chancellor. The criteria should include consideration of additional income from outside sources including, but not being limited to, service on boards of directors or other such services.
STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIA
SOUTHWEST VIRGINIA HIGHER EDUCATION CENTER
VIRGINIA COMMUNITY COLLEGE SYSTEM
SENIOR COLLEGE PRESIDENTS' SALARIES
COMMUNITY COLLEGE PRESIDENTS' SALARIES
e. Salaries for newly employed or promoted employees shall be established consistent with the compensation and classification plans established by the Governor. f. The provisions of this section, requiring prior written approval of the Governor relative to compensation, shall apply also to any system of incentive award payments which may be adopted and implemented by the Governor. The cost of implementing any such system shall be paid from any funds appropriated to the affected agencies. g. No lump sum appropriation for personal service shall be regarded as advisory or suggestive of individual salary rates or of salary schedules to be fixed under law by the Governor payable from the lump sum appropriation. h. Subject to approval by the Governor of a plan for a statewide employee meritorious service awards program, as provided for in § 2.1-114.5 12, Code of Virginia, the costs for such awards shall be paid from any operating funds appropriated to the affected agencies. i. The General Assembly hereby affirms and ratifies the Governor's existing authority and the established practice of this body to provide for pay differentials or to supplement base rates of pay for employees in specific job classifications in particular geographic and/or functional areas where, in the Governor's discretion, they are needed for the purpose of maintaining salaries which enable the Commonwealth to maintain a competitive position in the relevant labor market. j.1. If at any time the Administrator of the Commonwealth's Attorneys' Services Council serves on the faculty of a state-supported institution of higher education, the faculty appointment must be approved by the Council. Such institution shall pay one-half of the salary listed in § 4-6.01 c 6 of this act. Further, such institution may provide compensation in addition to that listed in § 4-6.01 c 6; provided, however, that such additional compensation must be approved by the Council. 2. If the Administrator ceases to be a member of the faculty of a state-supported institution of higher education, the total salary listed in § 4-6.01 c 6 shall be paid from the Council's appropriation. k. Except as otherwise provided for in this subdivision, increases in the level of compensation for any job class contained in the compensation and classification plans approved by the Governor shall be effective beginning with the first pay period, defined as the pay period from June 25 through July 9, of the fiscal year if: (1) the agency certifies to the Secretary of Finance that funds are available within the agency's appropriation, or (2) such funds are appropriated by the General Assembly. If at any time the Secretary of Administration shall certify that such change in the level of compensation for a job class is of an emergency nature and the Secretary of Finance shall certify that funds are available, such change in compensation may be effective on a date agreed upon by these two Secretaries. The Secretary of Administration shall provide a monthly report of all such changes in accordance with § 4-8.00, Reporting Requirements. l. Full-time employees of the Commonwealth, including faculty members of state institutions of higher education, who are appointed to a state-level board, council, commission or similar collegial body set forth in §§ 2.1-20.4 and 14.1-48, Code of Virginia, shall not receive any compensation for their services as members or chairmen except for reimbursement of reasonable and necessary expenses. m.1. Notwithstanding any other provision of law, the board of visitors or other governing body of any public institution of higher education is authorized to establish age and service eligibility criteria for faculty participating in voluntary early retirement incentive plans for their respective institutions pursuant to § 23-9.2:3.1 B and the cash payment offered under such compensation plans pursuant to § 23-9.2:3.1 D, Code of Virginia. The total cost in any fiscal year for any compensation plan established under § 23-9.2:3.1 D, Code of Virginia, shall be set forth by the governing body in the compensation plan for approval by the Governor and review for legal sufficiency by the Office of the Attorney General. 2. Notwithstanding any other provision of law, employees holding full-time, academic-year classified positions at public institutions of higher education shall be considered "state employees" as defined in § 51.1-124.3, Code of Virginia, and shall be considered for medical/hospitalization, retirement service credit, and other benefits on the same basis as those individuals appointed to full-time, 12-month classified positions.
n. Notwithstanding the § 4-6.02 EMPLOYEE TRAINING AND STUDY Subject to uniform rules and regulations established by the Governor, the head of any state agency may authorize, from any funds appropriated to such department, institution or other agency in this act or subsequently made available for the purpose, compensation or expenses or both compensation and expenses for employees pursuing approved training courses or academic studies for the purpose of becoming better equipped for their employment in the state service. The rules and regulations shall include reasonable provision for the return of any employee receiving such benefits for a reasonable period of duty, or for reimbursement to the state for expenditures incurred on behalf of the employee should he not return to state service. § 4-6.03 EMPLOYEE BENEFITS a. Any medical/hospitalization benefit program provided for state employees shall include the following provision: any state employee, as defined in § 2.1-20.1, Code of Virginia, shall have the option to accept or reject coverage. b. Except as provided for sworn personnel of the Department of State Police, no payment of, or reimbursement for, the employer paid contribution to the State Police Officers' Retirement System, or any system offering like benefits, shall be made by the Compensation Board of the Commonwealth at a rate greater than the employer rate established for the general classified workforce of the Commonwealth covered under the Virginia Retirement System. Any cost for benefits exceeding such general rate shall be borne by the employee or, in the case of a political subdivision, by the employer. c. Each agency may, within the funds appropriated by this act, implement a transit and ridesharing incentive program for its employees. With such programs, agencies may reimburse employees for all or a portion of the costs incurred from using public transit, car pools, or van pools. The Secretary of Transportation shall develop guidelines for the implementation of such programs and any agency program must be developed in accordance with such guidelines. The guidelines shall be in accordance with the federal National Energy Policy Act of 1992 (P.L. 102-486), and no program shall provide an incentive that exceeds the actual costs incurred by the employee. d. Any hospital with fewer than 105 beds and which has a minority patient population in excess of 75 percent shall be allowed to participate in the Employee Health Insurance Program pursuant to § 2.1-20.1, Code of Virginia, provided that such hospital enters into a written agreement to accept the same level of reimbursement as the participating hospitals in the same geographic region. e. Any hospital that serves as the primary medical facility for state employees may be allowed to participate in the State Employee Health Insurance Program pursuant to §2.1-20.1, Code of Virginia, provided that (1) such hospital is not a participating provider in the network, contracted by the Department of Personnel and Training, that serves state employees, and (2) such hospital enters into a written agreement with the Department of Personnel and Training as to the rates of reimbursement. The Department shall accept the lowest rates offered by the hospital from among the rates charged by the hospital to (1) its largest purchaser of care, (2) any state or federal public program, or (3) any special rate developed by the hospital for the state employee health benefits program which is lower than either of the rates above. If the Department and the hospital cannot come to an agreement, the Department shall reimburse the hospital at the rates contained in its final offer to the hospital until the dispute is resolved. Any dispute shall be resolved through arbitration or through the procedures established by the Administrative Process Act, as the hospital may decide, without impairment of any residual right to judicial review.
f. Any retired sheriff of a city with a population of fewer than 100,000 as
determined by the 1990 census of the population of the United States who did
not receive the 4.35 percent salary increase as provided for in Item 528 of
Chapter g. Any employee of the Commonwealth who (i) is compensated on a salaried basis and (ii) works at least twenty hours per week shall be considered a full-time employee for the purposes of participation in the Virginia Retirement System's group life insurance and retirement programs. h. State Medicare Retirees who elected to enroll in a Medicare + Choice plan when first eligible for Medicare, or who transferred from a state-sponsored program to a Medicare + Choice plan and maintained continuous coverage in such a plan, shall be eligible to participate in the state-sponsored Medicare Supplement health plan. If the retired Medicare-eligible employee first enrolled in a Medicare + Choice plan prior to January 1, 1999, the coverage effective date for returning to the state Medicare Supplement plan will be July 1, 1999. i. Nothwithstanding any contrary provision of law, the Board of Trustees of the Virginia Retirement System is authorized to reduce the employer contribution rate to be paid by local school boards for public school teachers into the Virginia Retirement System by 0.48% to reflect the elimination of the three percent benefit adjustment as provided for in Chapter 674, 1998 Acts of Assembly. § 4-6.04 CHARGES a. FOOD SERVICES: Except as exempted by the prior written approval of the Director of the Department of Personnel and Training and the provisions of § 2.1-558 A, Code of Virginia, state employees shall be charged for meals served in state facilities. Charges for meals will be determined by the agency. Such charges shall be not less than the value of raw food and the cost of direct labor and utilities incidental to preparation and service. Each agency shall maintain records as to the calculation of meal charges and revenues collected. Except where appropriations for operation of the food service are from nongeneral funds, all revenues received from such charges shall be paid directly and promptly into the general fund. The provisions of this paragraph shall not apply to on-duty employees assigned to correctional facilities operated by the Departments of Corrections, Juvenile Justice, and Correctional Education. b. HOUSING SERVICES: 1. Each agency will collect a fee from state employees who occupy state-owned housing, subject to guidelines provided by the Director of the Department of General Services. Each agency head is responsible for establishing a fee for state-owned housing and for documenting in writing why the rate established was selected. In exceptional circumstances, which shall be documented as being in the best interest of the Commonwealth by the agency requesting an exception, the Director of the Department of General Services may waive the requirement for collection of fees. 2. All revenues received from housing fees shall be promptly deposited in the state treasury. For housing for which operating expenses are financed by general fund appropriations, such revenues shall be deposited to the credit of the general fund. For housing for which operating expenses are financed by nongeneral fund appropriations, such revenues shall be deposited to the credit of the nongeneral fund. Agencies which provide housing for which operating expenses are financed from both general fund and nongeneral fund appropriations shall allocate such revenues, when deposited in the state treasury, to the appropriate fund sources in the same proportion as the appropriations. However, without exception, any portion of a housing fee attributable to depreciation for housing which was constructed with general fund appropriations shall be paid into the general fund. c. VEHICLE PARKING SPACES: 1. Agencies with parking space for employees in state-owned facilities shall, when required by the Director, Department of General Services, charge employees for such space on a basis approved by the Governor. All revenues received from such charges shall be paid directly and promptly into a special fund in the state treasury to be used, as determined by the Governor, for payment of costs for the provision of vehicle parking spaces. Interest shall be added to the fund as earned. In the case of any agency with central administrative offices occupying leased or rental space in the metropolitan Richmond area, not including institutions of higher education, the Director shall require that a fee be charged employees for vehicle parking spaces which are assigned to them or which are otherwise available incidental to the lease or rental agreement. In such cases the individual employee fee scale shall not be less than that provided for employees at the Seat of Government, provided that if, in the opinion of the Director good cause is shown, this portion of the requirement may be amended or waived. Revenues derived from employees paying for parking spaces in leased facilities will be retained by the leasing agency to be used to offset the cost of the lease to which it pertains. 2. Agencies assigned to a Governor's Secretary, excluding institutions of higher education, which are located in the metropolitan Richmond area shall not use public funds to lease private parking spaces for employees. Payments for such leases shall be derived from charges to employees for parking space or from other nonpublic funds, or both. Any lease for private parking space must be approved by the Director, Department of General Services. § 4-6.05 SELECTION OF APPLICANTS FOR CLASSIFIED POSITIONS It is the responsibility of state agency heads to ensure that all provisions outlined in Title 2.1, Chapter 10, Code of Virginia (the Personnel Act), and executive orders that govern the practice of selecting applicants for classified positions are strictly observed. The Governor's Secretaries shall ensure this provision is faithfully enforced. § 4-7.00 STATEWIDE PLANS § 4-7.01 MANPOWER CONTROL PROGRAM a. The term Position Level is defined as the number of full-time equivalent (FTE) salaried employees assigned to an agency in this act. Except as provided in § 4-7.01 b, the Position Level number stipulated in an agency's appropriation is the upper limit for agency employment which cannot be exceeded during the fiscal year without approval from the Department of Planning and Budget for Executive Department agencies, approval from the Joint Committee on Rules for Legislative Department agencies or approval from the appropriate governing authority for the independent agencies. Any approval granted under this subsection shall be reported in writing to the Chairmen of the House Appropriations Committee and the Senate Finance Committee, the Governor and the Directors of the Department of Planning and Budget and Department of Personnel and Training within ten days of such approval. b.1. Staffing patterns of the institutions of higher education reflect the objectives of restructuring, which include the reallocation of resources to instruction and to direct services for students. Recognizing the importance of graduate programs, community service and research, the staffing patterns should reflect the following highest priorities: (a) teaching faculty for the instruction of undergraduate students; (b) staff for direct services for students, including financial aid and counseling; and (c) staff to maintain and secure facilities and grounds. The institutions are encouraged to apply technology to the maximum extent practicable to reduce the need for staff positions. 2. The institutions of higher education shall submit information concerning salary and wage positions to the Director of the Department of Planning and Budget, in the manner prescribed by the Director, for recording in the state budget and personnel systems. 3. The Position Levels stipulated for the individual agencies within the Department of Mental Health, Mental Retardation and Substance Abuse Services and the Department of Corrections are for reference only and are subject to changes by the applicable Department, provided that such changes do not result in exceeding the Position Level for that Department. c.1. The Governor shall implement such policies and procedures as are necessary to ensure that the number of employees in the Executive Department, excluding institutions of higher education and the State Council of Higher Education, may be further restricted to the number required for efficient operation of those programs approved by the General Assembly. Such policies and procedures shall include periodic review and analysis of the staffing requirements of all Executive Department agencies by the Department of Planning and Budget with the object of eliminating through attrition positions not necessary for the efficient operation of programs. 2. The institutions of higher education and the State Council of Higher Education are hereby authorized to fill all positions authorized in this act. This provision shall be waived only upon the Governor's official declaration that a fiscal emergency exists requiring a change in the official estimate of general fund revenues available for appropriation. d.1. Position Levels are for reference only and are not binding on agencies in the legislative department, independent agencies, the Executive Offices other than the offices of the Governor's Secretaries, and the judicial department. 2. Positions assigned to programs supported by internal service funds are for reference only and may fluctuate depending upon workload and funding availability. 3. Positions assigned to sponsored programs, auxiliary enterprises, continuing education, and teaching hospitals in the institutions of higher education and the Medical College of Virginia Hospitals Authority are for reference only and may fluctuate depending upon workload and funding availability. Positions assigned to program 43012, State Health Services Technical Support and Administration, at Virginia Commonwealth University are for reference only and may fluctuate depending upon workload and funding availability. e. Positions assigned to agencies and institutions that provide services pertaining to public safety, public health, and public higher education shall be exempt from any administratively imposed hiring freeze. Such positions shall include, but are not limited to, law-enforcement officers, employees that provide direct services or patient care in the local Health Departments and the facilities of the Department of Mental Health, Mental Retardation and Substance Abuse Services and the Department of Rehabilitative Services, licensing positions within the Department of Social Services, employees providing services to students at institutions of higher education, and employees involved in the coordination of higher education. Positions in the Department of Health that are involved in direct patient care, customer service, or support services at the local level (including physicians, nurses and nursing supervisors, and environmental health specialists), and positions that provide support services which are essential to the safe and efficient operation of state facilities, shall also be exempt from any administrative hiring freeze. Positions in the Natural Resources and Public Safety Secretariats shall be exempt from any administrative hiring freeze. In addition, any position that is funded one hundred percent from federal funds, grant funds, contracts, enterprises, or auxiliary enterprises is also exempt from any administrative hiring freeze.
f.1. Full-time, part-time, wage or contractual state employees assigned to the
Governor's Cabinet Secretaries from agencies and institutions under their control for
the purpose of carrying out temporary assignments or projects may not be so assigned
for a period exceeding 180 days in any calendar year. The permanent transfer
of positions from an agency or institution to the Offices of the Secretaries, or the
temporary assignment of agency or institutional employees to the Offices of the
Secretaries for periods exceeding 180 days in any calendar year regardless of
the separate or discrete nature of the projects, is prohibited without the prior
approval of the General Assembly. 2. Not more than three positions in total, as described in subsection 1 hereof, may be assigned at any time to the Office of any Cabinet Secretary, unless specifically approved in writing by the Governor. The Governor shall notify the Chairmen of the House Appropriations and Senate Finance Committees in the case of any such approvals. 3. The assignment of any employee to the Office of any Cabinet Secretary pursuant to this section for a total of more than thirty days shall require the written approval of the Secretary of Administration. In such instances the Secretary shall forthwith notify the Chairmen of the House Appropriations and Senate Finance Committees of such actions, including an explanation of the nature and justification for such approval. This subsection shall not be interpreted however to constrain the incidental assignment of employees for less than one week duration to such Offices, where such may be required due to illness, injury or similarly extraordinary circumstances. § 4-8.00 REPORTING REQUIREMENTS § 4-8.01 GOVERNOR a. General: 1. The Governor shall submit the information specified in this section to the Chairmen of the House Appropriations and Senate Finance Committees on a monthly basis, or at such intervals as may be directed by said Chairmen, or as specified elsewhere in this act. The information shall be submitted in such form, and by such method as may be mutually agreed upon. Such information shall be preserved for public inspection in the Department of Planning and Budget. 2. The Governor shall make available annually to the Chairmen of the Senate Finance, House Finance, and House Appropriations Committees a report concerning the receipt of any nongeneral funds above the amount(s) specifically appropriated, their sources, and the amounts for each agency affected. b. Operating Appropriations Reports: 1. Status of Adjustments to Appropriations. Such information must include increases and decreases of appropriations or allotments, transfers and additional revenues. A report of appropriation transfers from one agency to another made pursuant to § 4-1.03 of this act shall be made to the Chairmen of the House Appropriations and Senate Finance Committees by the tenth day of the month following that in which such transfer occurs. 2. Status of each sum sufficient appropriation. The information must include the amount of expenditures for the period just completed and the revised estimates of expenditures for the remaining period of the current biennium, as well as an explanation of differences between the amount of the actual appropriation and actual and/or projected appropriations for each year of the current biennium. 3. Status of Economic Contingency Appropriation. The information must include actions taken related to the appropriation for economic contingency. 4. Status of Withholding Appropriations. The information must include amounts withheld and the agencies affected. A report of actual appropriations withheld by the Governor under the provisions of § 4-1.02 of this act shall be provided to the Chairmen of the House Appropriations and Senate Finance Committees by the tenth day of the month following that in which such action occurs. 5. Status of reductions occurring in general and nongeneral fund revenues in relation to appropriations (see § 4-1.04 a 4). The information must include amounts reduced and agencies affected. A report of actual appropriations withheld by the Governor under the provisions of § 4-1.04 of this act shall be made to the Chairmen of the House Appropriations and Senate Finance Committees by the tenth day of the month following that in which such action occurs. 6. Status of approvals of deficits (see §§ 4-3.01 and 4-3.02). The information must include the approved amounts and the agencies affected. 7. Waivers of leased property requirements set forth in § 4-5.09. c. Employment Reports: 1. Status of changes in positions and employment of state agencies affected. The information must include the number of positions and the agencies affected. 2. Status of the employment by the Attorney General of special counsel in certain highway proceedings brought pursuant to Chapter 1 of Title 33.1, Code of Virginia, on behalf of the Commonwealth Transportation Commissioner, as authorized by § 2.1-122, Code of Virginia. This report shall include fees for special counsel for the respective county or city for which the expenditure is made and shall be submitted within 60 days of the close of the fiscal year (see § 4-5.04 a 3). 3. Changes in the level of compensation authorized pursuant to § 4-6.01 k, Employee Compensation. Such report shall include a list of the positions changed, the number of employees affected, the source and amount of funds, and the nature of the emergency. d. Capital Appropriations Reports: 1. Status of progress of capital projects (see § 4-4.01 l). 2. Status of all capital projects authorized under § 4-4.01 j. e. Services Reports: 1. Status of any new services requested by state agencies and authorized by the Governor (see § 4-5.05 b 3). 2. Status of any exemptions by the State Council of Higher Education to policy which prohibits use of funds in this act for the operation of any academic program by any state institution of higher education, unless approved by the Council and included in the Governor's recommended budget, or approved by the General Assembly (see § 4-5.05 b 2). f. Standard State Agency Abbreviations: The Department of Planning and Budget shall be responsible for maintaining a list of standard abbreviations of the names of state agencies. The Department shall submit to the Chairmen of the House Appropriations and Senate Finance Committees, the State Comptroller, the Director of the Department of Personnel and Training and the Director of the Department of Information Technology, on or before June 1 annually, a report on such standard abbreviations and any changes thereto. g. The Comptroller is hereby directed to transmit to the head of each affected agency and institution his report on local funds of state agencies and institutions of higher education, made pursuant to § 4-8.01 g, Chapter 924 of the Acts of Assembly of 1997. The Comptroller shall continue his review of the findings and conclusions of the report and shall communicate to the Secretary of Finance the responses of the agencies to the report. § 4-8.02 STATE AGENCIES a. As received, all state agencies shall forward copies of each federal audit performed on agency or institution programs or activities to the Auditor of Public Accounts and to the State Comptroller. Upon request, all state agencies shall provide copies of all internal audit reports and access to all working papers prepared by such auditors to the Auditor of Public Accounts and to the State Comptroller. b. Annually: Within five calendar days after state agencies submit their budget requests, amendment briefs, or requests for amendments to the Department of Planning and Budget, the Director of the Department of Planning and Budget shall submit copies to the Chairmen of the Senate Finance and House Appropriations Committees. c. By September 1 of each year, state agencies receiving any asset as the result of a law-enforcement seizure and subsequent forfeiture by either a state or federal court, shall submit a report identifying all such assets received during the prior fiscal year and their estimated net worth, to the Chairmen of the House Appropriations and Senate Finance Committees. § 4-9.00 STATEMENT OF FINANCIAL CONDITION Each agency head handling any state funds shall, at least once each year, upon request of the Auditor of Public Accounts, make a detailed statement, under oath, of the financial condition of his office as of the date of such call, to the Auditor of Public Accounts, and upon such forms as shall be prescribed by the Auditor of Public Accounts. § 4-10.00 SEVERABILITY a. If any part, section, subsection, paragraph, sentence, clause, phrase, or item of this act or the application thereof to any person or circumstance is for any reason declared unconstitutional, such decisions shall not affect the validity of the remaining portions of this act which shall remain in force as if such act had been passed with the unconstitutional part, section, subsection, paragraph, sentence, clause, phrase, item or such application thereof eliminated; and the General Assembly hereby declares that it would have passed this act if such unconstitutional part, section, subsection, paragraph, sentence, clause, phrase, or item had not been included herein, or if such application had not been made. b. The Governor may recommend specific and severable amendments to severable items of this act. The General Assembly may approve all, some or none of such amendments. Specific and severable amendments to this bill submitted by the Governor during both regular and reconvened sessions may be considered and acted on individually, in a block, or any combination thereof, with the determination being made by each house of the General Assembly, in accordance with its own procedures.
c. This act shall be enrolled by the Keeper of the Rolls consistent with the
November 1, 1996 Supreme Court decision in Gilmore v. Jamerson and Landsidle,
to include only the items which have been changed from Chapter d. Items 513.20, 513.30, 513.40, 513.50, 513.60, 513.70, and 513.80 of House Bill 1450/Senate Bill 800 shall be enrolled in a manner clearly indicating that such items have been changed from Chapter 1, Special Session I, 1998 Acts of Assembly. Any amendments to those Items shall be underlined to indicate substantive changes. § 4-11.00 CONFLICT WITH OTHER LAWS Notwithstanding any other provision of law, and until June 30, 2000, the provisions of this act shall prevail over any conflicting provision of any other law, without regard to whether such other law is enacted before or after this act; however, a conflicting provision of another law enacted after this act shall prevail over a conflicting provision of this act if the General Assembly has clearly evidenced its intent that the conflicting provision of such other law shall prevail, which intent shall be evident only if such other law (i) identifies the specific provision(s) of this act over which the conflicting provision of such other law is intended to prevail and (ii) specifically states that the terms of this item are not applicable with respect to the conflict between the provision(s) of this act and the provision of such other law. § 4-12.00 EFFECTIVE DATE
This act is effective on its passage, as provided in § 1-12C., Code of Virginia. |