SEARCH SITE
SEARCHABLE DATABASES
ACROSS SESSIONS
Developed and maintained by the Division of Legislative Automated Systems.
2004 SPECIAL SESSION I
(HB5001)
GOVERNOR'S RECOMMENDATION
|
|
|
Amendment # 1
|
Item 21
|
|
|
|
|
Legislative Department
|
|
|
|
Joint Legislative Audit And Review Commission
|
| | | | | | | | | | |
Language:
Page 15, line 14, after "process.", strike remainder of line.
Page 15, strike lines 15 through 23.
Explanation:
(This amendment strikes language that gives Joint Legislative Audit and Review
Commission (JLARC) staff direct access to individual and corporate tax data
files maintained by the Department of Taxation. The policy established by the
language conflicts with state tax laws regarding privacy of tax records.)
Language:
Page 44, line 8, strike "$43,866,915" and "$43,866,915" and insert
"$44,419,415" and "$44,971,915".
Explanation:
(This amendment provides funding to restore 25 percent the first year and 50
percent the second year of the Commonwealth's Attorneys' budget reductions.
This action will enable Commonwealth's attorneys to retain experienced
prosecutors and provide for additional staff, thereby strengthening their
abilities to effectively prosecute violent criminals.)
Language:
Page 44, line 8, strike "$43,866,915" and "$43,866,915" and insert
"$44,562,080" and "$44,256,080".
Page 46, after line 3, insert:
“I.1. Out of this appropriation, $395,165 the first year and $389,165 the
second year from the general fund is designated for the Compensation Board to fund five additional
positions in Commonwealth’s Attorney’s Offices that shall be dedicated to
prosecuting gang-related criminal activities. The Board shall ensure that
these positions work across jurisdictional lines, serving the Northern Virginia
area (counties of Fairfax, Loudoun, Prince William, and Arlington and the
cities of Falls Church, Alexandria, Manassas, Manassas Park and Fairfax). The
additional five positions established by this provision shall be supplemental
to the position levels specified in Item 63, paragraph B.1.
2. Also included within the appropriation for this Item is $300,000 the first
year from the general fund that shall be transferred no later than August 1,
2004, from the Compensation Board to the Department of State Police. These
funds shall be used only to support the anti-gang efforts of the State Police
Strike Force.”
Explanation:
(This amendment provides funding for three additional Assistant Commonwealth’s
Attorneys and two staff support positions to prosecute crimes involving gangs in
Northern Virginia. Prosecutors dedicated to working with law enforcement on
gang-related crimes is one of the most effective measures in the fight against
gangs. The amendment also provides funding to support the State Police Strike
Force focusing on gang-related activities. The Strike Force will be deployed
to hot spots of gang activity around the state to combat gang violence in
conjunction with local law enforcement officials.)
|
|
|
Amendment # 4
|
Item 111
|
|
|
|
|
Commerce and Trade
|
FY 04-05
FY 05-06
|
|
|
Department Of Housing And Community Development
|
| | | | | | | | | | |
Language:
Page 84, line 28, strike "$40,077,706" and insert "$40,027,706".
Page 84, line 28, strike "$40,127,706" and insert "$40,027,706".
Page 86, strike line 42 through line 48.
Explanation:
(This amendment transfers the authority to fund the Center for Rural Virginia
from the Department of Housing and Community Development to another item in
Central Appropriations which deals with similar entities. This action will
consolidate similar types of payments in one item for the purposes of clarity.)
|
|
|
Amendment # 5
|
Item 116
|
|
|
|
|
Commerce and Trade
|
FY 04-05
FY 05-06
|
|
|
Department Of Labor And Industry
|
| | | | | | | | | | |
Language:
Page 89, line 14, strike "$666,071" and insert "$878,901".
Page 89, line 14, strike "$666,071" and insert "$868,901".
Explanation:
(This amendment provides funding and positions to improve service in the
apprenticeship program and to allow growth in existing, new, and emerging
industry areas. The addition of four field representatives will enable the
program to grow by 2,000 more apprentices per year. Established in 1938, the
apprenticeship program places workers with experienced sponsors to learn trades
such as electrician, mechanic, machinist, plumber and welder. Currently, more
than 11,100 apprentices and 1,800 sponsors representing 300 industries
participate in the program.)
|
|
|
Amendment # 6
|
Item 125
|
|
|
|
|
Commerce and Trade
|
FY 04-05
FY 05-06
|
|
|
Department Of Minority Business Enterprise
|
| | | | | | | | | | |
Language:
Page 91, strike lines 26 through 33 and insert:
"Industrial Development Services (53400) $435,013 $463,163
Minority Enterprise Coordination and Promotion (53406) $435,013 $463,163
Minority Enterprise Development and Improvement (53407) $0 $0
Fund Sources: General $435,013 $463,163
Authority: Title 2.2, Chapter 14; Title 11, Chapter 7, Article 2, Code of
Virginia.
A. Notwithstanding paragraphs F, G, H, I, and J of Item 107, out of the amounts
provided for the Department of Business Assistance, $199,592 in the first year
and $200,408 in the second year from the general fund and $1,065,924 in the
first year and $1,065,924 in the second year from Commonwealth Transportation
funds shall be transferred to the Department of Minority Business Enterprise.
In addition, 3.00 general fund positions and 13.50 nongeneral fund positions in
each year shall be transferred from the Department of Business Assistance to
the Department of Minority Business Enterprise.
B. Notwithstanding paragraph G of Item 107, the Department of Minority
Business Enterprise, in conjunction with the Department of General Services,
the Virginia Employment Commission and the Virginia Department of
Transportation, is authorized to conduct analyses of the availability of
minority business enterprises in Virginia and the utilization of such
businesses by the Commonwealth of Virginia, localities or private industry in
the acquisition of goods and services. To carry out such analyses, the
Department is authorized to receive and accept from the United States
government, or any agency thereof, and from any other source, private or
public, any and all gifts, grants, allotments, bequests or devises of any
nature that would assist the Department in conducting such analyses or
otherwise strengthen its services to minority business enterprises. The
Department is further authorized to create and hold an institutional fund for
its exclusive use and purposes into which it may deposit the proceeds of any
gift, grant, bequest, allotment, or devise of any nature received from private
sources. Such fund shall be subject to the Uniform Management of Institutional
Funds Act (§ 55-268.1 et seq., Code of Virginia). The fund and the income from
such fund shall not be subject to the provisions of § 2.2-1802, Code of
Virginia. The availability of such fund shall not be taken into consideration
in, nor be used to reduce, state appropriations or payments, but such funds
shall be used in accordance with the wishes of the donors thereof to offset the
costs of conducting analyses of the availability and utilization of minority
business enterprises or otherwise strengthen the services rendered by the
Department to minority business enterprises in the Commonwealth. The Director,
Department of Planning and Budget, is authorized to establish a nongeneral fund
appropriation for the purposes of expending revenues that may be received for
this program.
Total for Department of Minority Business Enterprise $435,013 $463,163
General Fund Positions 7.50 7.50
Position Level 7.50 7.50
Fund Sources: General $435,013 $463,163".
Explanation:
(This amendment restores funding for the Department of Minority Business
Enterprise. An independent Department of Minority Business Enterprise is
necessary to ensure that minority business concerns and the findings of the
recent disparity study are addressed. The disparity study found that
utilization of minority firms by the Commonwealth was very low during the FY
1997-FY 2002 study period. Utilization of minority and women-owned business
enterprises was only 1.27 percent of total spending over the study period. A
significant portion of that was with firms owned by non-minority women. Total
Commonwealth spending with minority-owned firms was less than 0.44 percent of
total spending. By comparison, utilization of minority and women-owned
business enterprises is much higher in other states like Maryland (17 percent
in 2001), Texas (13 percent in 2003), Florida (11.8 percent from FY 1997-FY
2001), and North Carolina (7.4 percent from 1998-2002). The consulting firm
that conducted the disparity study concluded that the Commonwealth also lags
behind Mississippi, Alabama, and West Virginia in its support of minority and
women-owned businesses. In addition, the disparity study concluded that
Commonwealth spending with minority business enterprises as a percentage of
total spending is one of the lowest recorded in over 100 studies conducted by
the firm.)
Language:
Page 97, line 29, strike "$10,844,914" and insert "$11,744,914".
Page 97, line 29, strike "$10,845,098" and insert "$11,095,098".
Page 98, strike lines 42 through 43 and insert:
"H. Out of the amounts for Tourist Promotion shall be provided $1,000,000 the
first year and $500,000 the second year".
Page 99, after line 41, insert:
"N. Out of the amounts for Tourist Promotion shall be provided $150,000 the
first year from the general fund for a partnership leveraging program for outdoor resources
tourism.
O. Out of the amounts for Tourist Promotion shall be provided $250,000 the
first year and $250,000 the second year from the general fund to the Virginia Economic Development
Partnership to attract motor sports-related businesses to Virginia."
Explanation:
(This amendment provides funding to advertise and market the statewide
commemorative events marking the 400th anniversary of the founding of Jamestown
in 1607, the first permanent English settlement in the United States. The
Jamestown 2007 commemoration needs marketing exposure to maximize tourism
potential. Further, advertising and marketing must begin in calendar year 2004
in order to begin creating awareness in the minds of potential visitors of the
Jamestown 2007 events that actually begin in 2006. The funds also will be used
to establish two partnership programs designed to leverage state marketing
funds with at least a 2:1 match by public and private partnerships. One of the
programs will be used to market the state as a whole, while the other program
will be targeted towards outdoor recreation and eco-tourism, which is currently
an underserved market segment. This program is to be part of the state’s
efforts to bring economic development to rural Virginia. In addition, funds
will be transferred to the Virginia Economic Development Partnership to
identify and recruit research and design facilities, engine fabricators,
specialized machine shops, racing controls and instrumentation makers, race car
teams, and other businesses that support and supply the auto racing industry.
This effort is aimed principally at bringing high-skill jobs to low-wage areas
of Virginia.)
Language:
Page 102, after line 4, insert:
"H. The Governor is authorized to transfer from the second year to the first
year $8,264,925 in funding provided in the second year for research at the College of William and
Mary, Virginia Institute of Marine Science, George Mason University, James
Madison University, Old Dominion University, University of Virginia, Virginia
Commonwealth University, and Virginia Polytechnic Institute and State
University to advance Virginia's effort to enhance its university research
programs."
Explanation:
(This amendment authorizes the Governor to transfer one-time funding support
for research at eight institutions of higher education from the second year of
the biennium to the first year. This funding will bolster Virginia’s efforts
to retain and attract high-caliber research faculty who are able to generate
significant research income from public and private grant programs. Their
presence strengthens Virginia's research programs, generating additional jobs
and economic development throughout the state. Delaying funding for a year
puts Virginia at a competitive disadvantage in recruiting and retaining
high-performing research faculty.)
|
|
|
Amendment # 9
|
Item 144
|
|
|
|
|
Education: Elementary and Secondary
|
|
|
|
Direct Aid To Public Education
|
| | | | | | | | | | |
Language:
Page 111, strike lines 3-9.
Explanation:
(This amendment transfers the authority to fund the Wolf Trap Institute for
Early Learning Through the Arts from Direct Aid to Public Education to another
item in Central Appropriations which deals with similar entities. This action
will consolidate similar types of payments in one item for the purposes of
clarity.)
|
|
|
Amendment # 10
|
Item 163
|
|
|
|
|
Education: Other
|
FY 04-05
FY 05-06
|
|
|
State Council Of Higher Education For Virginia
|
| | | | | | | | | | |
Language:
Page 145, line 32, strike "$48,915,465" and insert "$50,915,465"
Page 148, line 15, strike "$50,000" and insert "$1,050,000"
Page 148, line 16, after "general fund" insert "and $1,000,000 from nongeneral
funds"
Explanation:
(This amendment provides a general fund appropriation of $1.0 million to match
a private gift of $1.0 million, to increase funding for the Brown v. Board of
Education Scholarship Program established in Chapter 935 of the Acts of
Assembly of 2004. The program provides funding to assist students who were
enrolled in the public schools of Virginia between 1954 and 1964 in
jurisdictions in which public schools were closed to avoid desegregation. This
funding allows Virginia to remedy in some measure the loss of public education
suffered by those students.)
|
|
|
Amendment # 11
|
Item 164
|
|
|
|
|
Education: Other
|
FY 04-05
FY 05-06
|
|
|
State Council Of Higher Education For Virginia
|
| | | | | | | | | | |
Language:
Page 148, line 22, strike "$6,612,728" and insert "$6,662,028".
Page 149, line 3, before "Out", insert "1."
Page 149, after line 15, insert:
"2. Out of the amounts for Regional Grants and Contracts, $49,300 the first
year from the general fund is designated for tuition grants to support
fourth-year students from Accomack and Northampton Counties for attendance at
Salisbury State College and the University of Maryland-Eastern Shore, in the
State of Maryland."
Explanation:
(This amendment restores partial funding for tuition grants for students on the
Eastern Shore of Virginia who attend higher education institutions in Maryland.
The proposed funding will allow the Commonwealth to fulfill its commitment to
17 students who will complete their undergraduate degrees in FY 2005.)
|
|
|
Amendment # 12
|
Item 165
|
|
|
|
|
Education: Other
|
FY 04-05
FY 05-06
|
|
|
State Council Of Higher Education For Virginia
|
| | | | | | | | | | |
Language:
Page 149, line 27, strike "$9,379,417" and "$9,295,371" and insert "$9,534,417"
and "$9,469,371"
Page 151, after line 46, insert:
"I. Out of the appropriation in this Item, the following amounts shall be
transferred to the agencies listed for the purposes specified:
1. $40,000 the first year and $40,000 the second year from the general fund to
the University of Virginia for the Center for Politics,
2. $30,000 the first year and $49,000 the second year from the general fund to
Virginia Commonwealth University for the Education Policy Institute, and
3. $85,000 the first year and $85,000 the second year from the general fund to
Virginia Polytechnic Institute and State University for tobacco research."
Explanation:
(This amendment restores funding for the Center for Politics at the University
of Virginia and the Education Policy Institute at Virginia Commonwealth
University, and tobacco research at Virginia Polytechnic Institute and State
University. The Center for Politics provides learning and training on policy
development and politics to Virginia's future leaders. The Education Policy
Institute provides pertinent research on K-12 education issues facing Virginia,
disseminating this information to educators and decision-makers. The tobacco
research at Virginia Tech is exploring commercially viable medical uses for
tobacco plants, helping to ensure the economic viability of this important cash
crop in Virginia.)
|
|
|
Amendment # 13
|
Item 261
|
|
|
|
|
Education: Other
|
|
|
|
The Science Museum Of Virginia
|
| | | | | | | | | | |
Language:
Page 207, strike lines 6 through 10.
Explanation:
(This amendment transfers the authority to fund the collaborative science
education program at the Science Museum of Western Virginia from the Science
Museum of Virginia to another item in Central Appropriations which deals with
similar entities. This action will consolidate similar types of payments in
one item for the purposes of clarity.)
|
|
|
Amendment # 14
|
Item 326
|
|
|
|
|
Health & Human Resources
|
FY 04-05
FY 05-06
|
|
|
Department Of Medical Assistance Services
|
| | | | | | | | | | |
Language:
Page 265, line 46, strike "$4,098,479,181" and insert "$4,084,879,181".
Page 265, line 46, strike "$4,502,188,393" and insert "$4,488,588,393".
Explanation:
(This amendment reflects Medicaid savings resulting from increased state
recoveries in FY 2005 due to a settlement reached in late May 2004 for the
Medicare Crossover reprocessing repayments from hospitals. The amendment
reflects a reduction from the general fund and an increase in nongeneral fund
appropriations through the Virginia Health Care Fund. This amendment also
captures savings which will be realized from the use of fourth quarter
Virginia-specific inflation data from calendar year 2003, as required by
regulation (12VAC30-90-41). Fourth quarter data, which became available in
late April 2004, shows a reduction in estimated inflation compared to the
preliminary data used to estimate nursing home expenditures during budget
development. Updating of inflation estimates routinely occurs before the
beginning of the fiscal year, in order that actual payments are based on the
most recent information available.)
|
|
|
Amendment # 15
|
Item 399
|
|
|
|
|
Natural Resources
|
|
|
|
Marine Resources Commission
|
| | | | | | | | | | |
Language:
Page 337, strike lines 21 through 32.
Explanation:
(This amendment removes language that would have restricted the ability of the
citizen advisory boards (specifically the Virginia Recreational Fishing
Advisory Board and the Commercial Fishing Advisory Board) to make
recommendations for the use of licensing fee revenue, as provided in state law.
Without the budget language, the Marine Resources Commission will base the
allocation of license fee revenue on advisory board recommendations. The
Marine Resources Commission intends to ask the advisory boards to consider
recommending using license fee revenue to support 10 additional marine police
officers, which was the original purpose of the language that is being
eliminated in this amendment.)
Language:
Page 359, line 25, strike "$17,123,574" and insert"$18,373,574"
Page 359, after line 31, insert:
"This appropriation includes $1,250,000 the first year from the general fund to
provide matching funds for localities participating in the federal Staffing for Adequate
Firefighters and Emergency Response (SAFER) grant program, contingent upon Congress appropriating
the federal share of funding for the program."
Explanation:
(This amendment provides $1,250,000 in general fund support to be used as
matching funds by localities to encourage participation in the federal Staffing
for Adequate Firefighters and Emergency Response (SAFER) grant program. This
federal program will provide federal funding to support the hiring of
additional firefighters to address the staffing needs of localities.
Firefighters are the primary first responders in the event of any type of
natural or terrorism disaster.)
Language:
Page 370, line 15, strike "$5,835,414" and insert "$7,748,153".
Explanation:
(This amendment provides for CIT's continued operations in the first year of
the Institute of Defense and Homeland Security, the Initiative for
Nanotechnology, biotechnology research enhancement, and assistance to small
technology businesses through its regional operations. CIT regional personnel
help over 400 of Virginia's small technology focused businesses obtain Small
Business Innovation Research grants, Small Business Technology Transfer grants,
Advanced Technology Program awards and federal contracts. This amendment also
allows for the continuation of operations in the first year in the following
CIT field offices: Newport News, Portsmouth, Charlottesville, Richmond,
Herndon, Roanoke, Lynchburg, Blacksburg and the Virginia Electronic Commerce
Technology Center in Lebanon, Virginia. This first year bridge support is
recommended so that the Center for Innovative Technology can make a successful
transition to self-sufficiency in FY 2008, as envisioned by the General
Assembly. The general fund support will enable the Center to leverage federal
and private funding sources to complement the Commonwealth's investment,
thereby promoting a greater reliance on nongeneral fund revenues for CIT
operations while preserving the legislative purpose, geographic presence, and
quality of its programs.)
|
|
|
Amendment # 18
|
Item 463
|
|
|
|
|
Technology
|
|
|
|
Virginia Information Technologies Agency
|
| | | | | | | | | | |
Language:
Page 373, strike lines 11 through 16
Page 373, line 17, strike "G" and insert "F".
Page 373, line 27, strike "G".
Page 373, line 35, strike "H", insert "G".
Page 373, line 47, strike "I", insert "H".
Explanation:
(This amendment removes the exemption of the Department of State Police (VSP)
from the provisions of Title 2.2, Chapter 20.1 of the Code of Virginia.
Including VSP under these provisions is consistent with the intent behind the
Virginia Information Technologies Agency's (VITA) creation by increasing the
state's purchasing power for information technology and VITA's ability to
generate savings. From an operational standpoint, the State Police communicate
routinely and share extensive information with numerous other agencies whose
infrastructure will become part of VITA. Having VSP included in VITA will
facilitate both the timely exchange of information and the effective technical
support of those exchanges, particularly during emergency response and disaster
recovery situations. Post-September 11 trends have been consistently towards
more closely integrated public safety information systems. The recently awarded
Homeland Security grant for a Virginia Readiness, Response, and Recovery
System, in which VSP will be a key participant, is indicative of that trend.)
|
|
|
Amendment # 19
|
Item 466
|
|
|
|
|
Technology
|
|
|
|
Virginia Information Technologies Agency
|
| | | | | | | | | | |
Language:
Page 375, after line 49, insert:
"D. The Governor is hereby authorized to allocate sums from any unexpended and
unobligated balances on June 30, 2004, to provide for equipment and operating costs associated with
the start-up of the Virginia Information Technologies Agency (VITA). These
funds shall remain unallotted until a detailed plan of expenditure has been
submitted to and approved by the Director, Department of Planning and Budget,
and communicated to the Chairmen of the House Appropriations and Senate Finance
Committees."
Explanation:
(This amendment provides a funding source for on-going start-up costs and
equipment associated with the consolidation of the state's information
technology functions. These funds will be used for network management and
security, customer care, desktop services, and updating and streamlining agency
electronic mail systems. This funding is needed to achieve $7.8 million in
savings included in House Bill 5001 that will be achieved through the
consolidation of the state's technology functions. These savings will not
otherwise materialize. Federal cost allocation rules prohibit funding of these
initiatives through the technology rate structure for state agencies and
institutions of higher education. Consequently, this amendment is necessary
because rates to agencies cannot be adjusted until all agency operations have
been transferred to VITA, sometime after January 1, 2005. This would further
delay the accruing of savings.)
Language:
Page 408, line 50, strike "$23,976,258" and insert "$24,976,258".
Page 409, line 14, strike "$2,200,000" and insert "$3,200,000".
Page 409, after line 27, insert:
"4. To provide for unbudgeted and unavoidable cost increases for public
services due to rising petroleum prices."
Explanation:
(This amendment provides additional funding in Economic Contingency to be made
available to state agencies and institutions of higher education for
unanticipated cost increases associated with the rise in petroleum prices. For
example, the Department of General Service's fleet management program has seen
the average cost per gallon increase by 50 cents a gallon between June 2003 and
June 2004. It is expected to increase another 15 cents per gallon in the near
future resulting in an additional cost of $1.4 million next fiscal year to the
fleet management program alone. The Department of Transportation indicates
that for each one cent increase in both gasoline and diesel, its fuel costs
increase by $122,000. The State Police expect an increase of 50 cents per
gallon will result in $1.0 million in additional fuel costs.)
Language:
Page 412, after line 12, insert:
"506.10 Planning, Budgeting
and Evaluation Services (71500) $1,750,000
$1,500,000
Fund Sources: General $1,750,000 $1,500,000
Authority: Discretionary Inclusion
Out of this appropriation $1,750,000 the first year and $1,500,000 the second
year from the general fund is provided to conduct research on the cause and
effects of desired outcomes in core service areas for the purpose of
constructing an overall roadmap for the Commonwealth, to facilitate and
implement reengineering initiatives from an enterprise-wide perspective, and to
conduct targeted efficiency reviews of state programs and activities including
an examination of the cost effectiveness of certain state-operated commercial
activities. The Governor is hereby authorized to transfer from this item such
amounts as are necessary for state agencies to implement the purposes of this
appropriation."
Explanation:
(This amendment provides funding for activities to enhance the performance of
state government through the establishment of programmatic and managerial
benchmarks for core programs and services in conjunction with the development
of a productivity improvement program which encompasses research, training, and
incentives to assist state agencies in meeting the desired benchmarks. The
funding will enable the Commonwealth to make budgetary decisions in a more
transparent and understandable fashion as well as fully integrate various
efforts being undertaken by state agencies for the Council on Virginia's
Future, the Government Performance and Results Act, the Taxpayers Budget Bill
of Rights legislation, and the Competitive Government Act. It will also
provide for a systematic approach for the continued implementation of the
recommendations of the Governor's Commission on Efficiency and Effectiveness.)
Language:
Page 412, after line 38, insert:
"507.10 Financial Assistance for
Cultural and Artistic Affairs (14300) $569,953
$719,951
Fund Sources: General $569,953 $719,951
Authority: Discretionary Inclusion
A. Out of the appropriation in Item 144 of this act, $250,000
from the
general fund shall be paid each year to the Wolf Trap
Institute for
Early Learning Through the Arts.
B. Out of the appropriation in Item 261 of this act, $100,000
from the
general fund shall be paid each year to the Science Museum of
Western
Virginia to develop a collaborative science education program
with the
Science Museum of Virginia in support of the Standards of
Learning for
public education.
C. Out of the appropriation in this item, the following amounts
shall be
transferred to the agencies listed for the purpose specified:
$100,000 in each year from the general fund to the
Department of Housing and Community Development
to support the Center for Rural Virginia;
$125,000 each year from the general fund to Direct Aid
to Public
Education to fund An Achievable Dream, Inc. for its
work with
at-risk students in public school divisions;
$150,000 from the general fund in the second year to
the Department
of Aging to support the distribution of comprehensive
health and
aging information to Virginia's senior population,
their families and
caregivers;
$259,980 each year from the general fund to the
Department of
Social Services to fund Healthy Families Virginia for
activities
which promote positive parenting, improved child health
and
development, and reduced child abuse and neglect; and
$84,973 in the first year and $84,971 in the second
year from the
general fund to the Virginia Museum of Natural History.
D. The Department of Housing and Community Development
shall report to the Governor and the Chairmen of the
House Appropriations and Senate Finance Committees by
November 15, 2004 on the status of the start-up activities,
needs,
and accomplishments of the Center for Rural Virginia."
Explanation:
(This amendment creates a new item in Central Appropriations to serve as a
central account for grant funds to be transferred to various educational,
cultural, artistic, and other nonstate entities. This action will consolidate
similar types of payments in one item for the purposes of clarity.)
|
|
|
Amendment # 23
|
Item C-67
|
|
|
|
|
Education: Higher Education
|
| | | | | | | | |
Language:
Page 439, line 17, strike "Omitted." and insert:
"In addition to the authorizations set forth in § 2-17, the University of
Virginia may issue short-term debt for any capital project authorized by the General Assembly in order
to cover costs of planning, design and construction pending the receipt of
philanthropic pledges in an amount not to exceed the authorized amount for the
project and for a term not to exceed seven years. The planning, design and
construction of such projects shall be in accordance with the Governor's
Six-Year Capital Implementation Plan. In the aggregate, the short-term debt
shall not exceed $100 million at any point in time. The use of this short-term
debt shall not accelerate previously determined state-supported debt issuance
schedules for these projects."
Explanation:
(This amendment allows the University of Virginia to issue short-term debt for
approved capital outlay projects supported with private funds. The program
will provide interim funding to cover the costs of planning, design and
construction of selected capital projects until the University receives
philanthropic pledges for the project. Through this approach, the University
can move more quickly on projects helping to protect against price increases
due to inflation, materials, and competition.)
|
|
|
Amendment # 24
|
Item C-80.10
|
|
|
|
|
Education: Higher Education
|
FY 04-05
FY 05-06
|
|
|
Virginia Commonwealth University
|
| | | | | | | | | | |
Language:
Page 441, line 14, strike "$15,300,000" and insert "$38,000,000"
Explanation:
(This amendment authorizes Virginia Commonwealth University to issue
$22,700,000 in non-tax-supported 9(d) debt for construction of a new 135,000
square foot School of Business Building on the University's Monroe Campus.
This private funding will supplement $15,300,000 in state-supported debt
previously authorized for this project. Without this funding, the University
will not be able to move forward with construction of its new business school.
Delays in building the school could result in cost increases.)
|
|
|
Amendment # 25
|
Item C-125
|
|
|
|
|
Education: Higher Education
|
|
|
|
Virginia State University
|
| | | | | | | | | | |
Language:
Page 449, line 15, strike "Higher Education Operating" and insert "Bond
Proceeds".
Explanation:
(This amendment changes the fund source from higher education operating to bond
proceeds for Virginia State University's capital project to provide temporary
housing for programs during the renovation of Gandy Hall. The project provides
funding to renovate an existing warehouse to house the Registrar's Office
during the renovation of Gandy Hall. Once the Gandy Hall renovation is
complete, the Registrar's Office will move back into Gandy Hall and the
renovated warehouse will be used to house Virginia State's campus police.
Through this project, the school addresses both temporary program housing needs
and the school's need for new space to house its campus police department. The
cost for a new campus police office would be significantly higher than
renovating the proposed warehouse space.)
|
|
|
Amendment # 26
|
Item 3-5.04
|
|
|
|
|
Adjustments And Modifications To Tax Collections
|
|
|
|
Payment Of Auto Rental Tax To The General Fund
|
| | | | | | | | | | |
Language:
Page 479, line 40, insert "A." before "Notwithstanding".
Page 479, after line 43, insert:
"B. Notwithstanding the provisions of the amendment to § 58.1-2425, Code of
Virginia, enacted by Chapter 522 of the 2004 Acts of Assembly, all additional revenues resulting from
the fee imposed under subdivision A 5 of § 58.1-2402, Code of Virginia, as
enacted by Chapter 522 of the 2004 Acts of Assembly, shall be deposited into the
general fund."
Explanation:
(This amendment specifies that the additional two percent auto rental tax
enacted by the General Assembly be deposited to the general fund. Because the
enacted legislation calls for the additional amounts to be deposited in a
special fund, while the enrolled budget bill accounts for the additional
revenue as general fund dollars, the amendment is needed in order to reconcile
these provisions and to enable the funds to be spent for the purposes specified
by the General Assembly.)
|
|
|
Amendment # 27
|
Item 3-5.05
|
|
|
|
|
Adjustments And Modifications To Tax Collections
|
|
|
|
Implementation of House Bill 5018
|
| | | | | | | | | | |
Language:
Page 480, line 13, after "unallotted" strike the remainder of line 13 and
insert "."
Page 480, strike line 14 though 17 and insert:
"The Governor is authorized to re-allot funds in Item C-194, up to the total
originally appropriated, from any revenues on June 30, 2004 in excess of the
amounts on which Chapter 943 of the Acts of Assembly of 2004 were based, or
from any unobligated and unexpended balances as of June 30, 2004."
Explanation:
(This amendment clarifies that the Governor may re-allot funds for the
maintenance reserve appropriation in Item C-194 from any unobligated revenue
surplus or unobligated and unexpended balances as of June 30, 2004. The
adopted budget for 2004-06 required the maintenance reserve appropriation to be
withheld in order to compensate for the revenue reduction which comes from
implementing HB 5018 on September 1, 2004 rather than August 1, 2004. Without
the authority to re-allot funds for the maintenance reserve program, no
maintenance reserve funding will be available until an amended budget is
enacted after the 2005 session. This amendment is intended to clarify
legislative intent.)
|
|
|
Amendment # 28
|
Item 3-5.05
|
|
|
|
|
Adjustments And Modifications To Tax Collections
|
|
|
|
Implementation of House Bill 5018
|
| | | | | | | | | | |
Language:
Page 480, strike lines 2 through 5.
Page 480, line 6, strike "B" and insert "A".
Page 480, line 12, strike "C" and insert "B".
Page 480, after line 17, insert paragraph "C. The date of July 1, 2004, in
Enactment No. 8 of Chapter 1042 of the 2003 Acts of Assembly is hereby changed
to July 1, 2006, to continue the Governor's authority as stated in Enactment
No. 5 of Chapter 1042, as follows: That the State Comptroller shall make no
distribution of the collections in accordance with § 58.1-638 until the
Governor determines each year that funds are available to transfer such collections.
If the Governor determines that funds are available to transfer such collections in
accordance with § 58.1-638 he shall direct the State Comptroller to make such
distribution. The Governor will report such determination to the Chairmen of the
Senate Finance, House Finance and House Appropriations Committees in August of each
year."
Explanation:
(This amendment deletes language requiring that all state revenue from the
elimination of sales tax exemptions for certain public service entities be
deposited to the general fund. Without this amendment, sales tax revenue from
the repeal of this sales tax exemption would not be distributed to the
Transportation Trust Fund, as the statute normally requires. In addition, this
amendment restores language authorizing the Governor to transfer transportation
funds generated from the accelerated sales tax to the Transportation Trust
Fund. When the General Assembly reinstated the accelerated sales tax, this
language was omitted. Without this amendment, the Transportation Trust Fund
will lose approximately $70 million over the biennium in funding critical to
addressing the state's transportation needs.)
|
|
|
Amendment # 29
|
Item 3-5.06
|
|
|
|
|
Adjustments And Modifications To Tax Collections
|
|
|
|
Repeal Reduction in Withholding of Individual Income Taxes
|
| | | | | | | | | | |
Language:
Page 480, after line 17, insert:
"§ 3-5.06 REPEAL REDUCTION IN WITHHOLDING OF INDIVIDUAL INCOME TAXES
Chapter 289 of the Acts of Assembly of 1989, as amended and reenacted by
Chapter 888 of the Acts of Assembly of 1990 and Chapters 385 and 401 of the Acts of Assembly of
1992, Chapters 139 and 147 of the Acts of Assembly of 1994, Chapters 375 and
458 of the Acts of Assembly of 1996, Chapter 464 of the Acts of Assembly of
1998, and Chapters 501 and 553 of the Acts of Assembly of 2000, is hereby
repealed effective January 1, 2003."
Explanation:
(This amendment extends for two years the repeal of Chapter 289 of the Acts of
Assembly of 1989. This language is included in Chapter 1042 and was included
in the introduced HB5001, but was inadvertently omitted. Without the
restoration of this language, the revenue forecast must be revised downward by
$30 million in FY 2005 and $5 million in FY 2006.)
Language:
Page 481, line 9, after "observed" insert:
"and shall ensure that appropriations are spent in an effective manner to
address the specific program purposes approved by the General Assembly. The Governor shall further
ensure that appropriations are expended in an efficient manner such that cost savings can be
realized whenever practical."
Explanation:
(This amendment is self-explanatory.)
|
|
|
Amendment # 31
|
Item 4-1.01
|
|
|
|
|
Appropriations
|
|
|
|
Prerequisites for Payment
|
| | | | | | | | | | |
Language:
Page 481, after line 21, insert:
"c. Exclusive of revenues paid into the general fund of the state treasury,
all revenues earned or collected by an agency, and contained in an appropriation item to the agency
shall be expended first during the fiscal year, prior to the expenditure of any general fund
appropriation within that appropriation item, unless prohibited by statute or
by the terms and conditions of any gift, grant or donation."
Explanation:
(This amendment clarifies that agencies with both general and nongeneral fund
appropriations are to spend their nongeneral fund dollars first before
utilizing their general fund appropriations. This has been an accepted
operating practice for more than two decades.)
|
|
|
Amendment # 32
|
Item 4-1.02
|
|
|
|
|
Appropriations
|
|
|
|
Withholding Of Spending Authority
|
| | | | | | | | | | |
Language:
Page 481, strike lines 23-49.
Page 482, strike lines 1-56.
Page 483, strike lines 1-39 and insert:
"a. Changed Expenditure Factors:
1. The Governor is authorized to reduce spending authority, by withholding
allotments of appropriations, when expenditure factors, such as enrollments or
population in institutions, are smaller than the estimates upon which the
appropriation was based. Moneys generated from the withholding action shall
not be reallocated for any other purpose except as may be specifically provided
elsewhere in this act. Provided, however, the withholding of allotments of
appropriations under this provision shall not occur until at least 15 days
after the Governor has transmitted a statement of changed factors and intent to
withhold moneys to the Chairmen of the House Appropriations and Senate Finance
Committees.
2. Moneys shall not be withheld on the basis of reorganization plans or
program evaluations until such plans or evaluations have been specifically presented in writing to
the General Assembly at its next regularly scheduled session.
b. Increased Nongeneral Fund Revenue:
1. General fund appropriations to any state agency for operating expenses are
supplemental to nongeneral fund revenues collected by the agency. To the extent that nongeneral
fund revenues collected in a fiscal year exceed the estimate on which the
operating budget was based, the Governor is authorized to withhold general fund
spending authority, by withholding allotments of appropriations, in an
equivalent amount. 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
institutions for the mentally ill or mentally retarded payable from the Mental
Health and Mental Retardation Revenue Fund; and (e) general fund appropriations
for highway construction and mass transit. Moneys unallotted under this
provision shall not be reallocated for any other purpose.
2. To the degree that new or additional grant funds become available to
supplement general fund appropriations for a program, following enactment of an appropriation act,
the Governor is authorized to withhold general fund spending authority, by withholding allotments
of appropriations, in an amount equivalent to that provided from grant funds,
unless such action is prohibited by the original provider of the grant funds.
The withholding action shall not include general fund appropriations which are
required to match grant funds. Moneys unallotted under this provision shall
not be reallocated for any other purpose.
c. Reduced General Fund Resources:
1. The term “general fund resources” as applied in this subsection, includes
revenues collected and paid into the general fund of the state treasury during
the current biennium, transfers to the general fund of the state treasury
during the current biennium, and all unexpended balances brought forward from
the previous biennium.
2. In the event that general fund resources are estimated by the Governor to
be insufficient to pay in full all general fund appropriations authorized by
the General Assembly, the Governor shall, subject to the qualifications herein
contained, withhold general fund spending authority to prevent any expenditure
in excess of the estimated general fund resources available.
3. In making this determination, the Governor shall take into account actual
general fund revenue collections for the current fiscal year and the results of a formal written
re-estimate of general fund revenues for the current and next biennium,
prepared within the previous 90 days, in accordance with the process specified
in § 2.2-1503, Code of Virginia. Said re-estimate of general fund revenues
shall be communicated to the Chairmen of the Senate Finance, House
Appropriations and House Finance Committees, prior to taking action to reduce
general fund allotments of appropriations.
4. Within five business days after the preliminary close of the state accounts
at the end of the fiscal year, the State Comptroller shall provide the Governor
with the actual total of (a) individual income taxes, (b) corporate income
taxes, and (c) sales taxes for the just completed fiscal year, with a
comparison of such actual totals with the total of such taxes in the official
budget estimate for that fiscal year. If that comparison indicates that the
total of (a) individual income taxes, (b) corporate income taxes, and (c) sales
taxes, as shown on the preliminary close, was one percent or more below the
amount of such taxes in the official budget estimate for the just completed
fiscal year, the Governor shall prepare a written re-estimate of general fund
revenues for the current biennium and the next biennium in accordance with §
2.2-1503, Code of Virginia, to be reported to the Chairmen of the Senate Finance,
House Finance and House Appropriations Committees, not later than September 1
following the close of the fiscal year.
5. The Governor shall take no action to withhold allotments until a written
plan detailing specific reduction actions approved by the Governor, identified
by program and appropriation item, has been presented to the Chairmen of the
House Appropriations and Senate Finance Committees. Any subsequent
modifications to the reduction plan approved by the Governor shall also be
submitted to the Chairmen of the House Appropriations and Senate Finance
Committees, prior to withholding allotments of appropriations.
6. In effecting the reduction of expenditures, the Governor shall not withhold
allotments of appropriations for:
a) More than 15 percent cumulatively of the annual general fund and nongeneral
fund appropriation contained in this act for operating expenses of any one state or nonstate agency
or institution designated in this act by title, and the exact amount withheld,
by state or nonstate agency or institution, shall be reported within five
calendar days to the Chairmen of the Senate Finance and House Appropriations
Committees. State agencies providing funds directly to grantees named in this
act shall not apportion a larger cut to the grantee than the proportional cut
apportioned to the agency. Without regard to § 4-5.07 b.4. of this act, the
remaining appropriation to the grantee which is not subject to the cut, equal to at
least 85 percent of the annual appropriation, shall be made by July 31, or in
two equal installments, one payable by July 31 and the other payable by
December 31, if the remaining appropriation is less than or equal to $500,000,
except in cases where the normal conditions of the grant dictate a different
payment schedule.
b) The payment of principal and interest 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 payments for care of graves of Confederate dead.
d) The employer contributions, and employer paid member contributions to the:
Social Security System, Virginia Retirement System, Judicial Retirement System, State Police
Officers Retirement System, Virginia Law Officers Retirement System, Optional
Retirement Plan for College and University Faculty, Optional Retirement Plan
for Political Appointees, Optional Retirement Plan for Superintendents, the
Volunteer Service Award Program, and the Virginia Retirement System’s group
life insurance, sickness and disability, and retiree health care credit
programs for state employees, state-supported local employees and teachers. If
the Virginia Retirement System Board of Trustees approves a contribution rate
for a fiscal year that is lower than the rate on which the appropriation was
based, or if the United States government approves a Social Security rate that
is lower than that in effect for the current budget, the Governor may withhold
excess contributions. However, employer and employee paid rates or
contributions for health insurance and matching deferred compensation for state
employees, state-supported local employees and teachers may not be increased or
decreased beyond the amounts approved by the General Assembly. Payments for
the employee benefit programs listed in this paragraph may not be delayed
beyond the customary billing cycles that have been established by law or policy
by the governing board.
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 two percent (irrespective of the fund source for payment of salaries and
wages). Provided, however, the percentage of reduction shall be uniformly
applied to all employees within the Executive Department.
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.
7. 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, in effecting the authorized reduction of
expenditures, up to the maximum of 15 percent, as prescribed in subdivision 6a)
of this subsection.
8. 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. 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. Provided, however, the Governor shall take
no action to reduce allotments of appropriations for the Highway Maintenance
and Operating Fund and Transportation Trust Fund on account of reduced revenues
until such time as a formal written re-estimate of revenues for the current and
next biennium, prepared in accordance with the process specified in § 2.2-1503,
Code of Virginia, has been reported to the Chairmen of the Senate Finance, House
Finance, and House Appropriations Committees.
9. 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 twenty days from
that date, any available unexpended balances in other funds in the state
treasury, subject to the following:
a) The Governor shall declare in writing to the Chairmen of the Senate Finance
and House Appropriations Committees that a fiscal necessity exists which
warrants the transfer of nongeneral funds to the general fund and reports the
exact amount of such transfer within five calendar days of the transfer;
b) 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; and
c) The Governor shall include for informative purposes, in the first biennial
budget document he submits subsequent to the transfer, the amount transferred from each account or
fund and recommendations for restoring such amounts.
10. The Director, Department of Planning and Budget, shall report spending
authority withheld under the provisions of this subsection to the Chairmen of the Senate Finance
and House Appropriations Committees within five calendar days of the action to
withhold. Said report shall include the amount withheld by agency and
appropriation item.
11. If action to withhold allotments of appropriation under this provision is
inadequate to eliminate the imbalance between projected general fund resources
and appropriations, the Speaker of the House of Delegates and the President Pro
Tempore of the Senate shall be advised in writing by the Governor."
Explanation:
(This amendment clarifies that budget reduction plans developed as the result
of insufficient revenues shall be provided to the General Assembly once they
are approved by the Governor. In addition, it retains the current provision
that reductions may also be proposed in nongeneral fund appropriations in order
to address a revenue shortfall.)
Language:
Page 484, line 1, strike "0100 and 0300 in higher education institutions; or”
and insert “;”.
Page 484, line 2, strike ".” and insert ";”.
Page 484, after line 2 insert:
“6) to provide for unbudgeted increases in costs which he determines a state
agency or other agency must receive to render essential services; or
7) to ensure that appropriations are spent in an efficient and effective
manner.”
Page 484, line 6, strike "the express consent of" and insert "prior written
notification to".
Page 484, after line 42 insert:
“9. The Director, Department of Planning and Budget may transfer capital
appropriation authority between projects and from one state agency to another to provide for unbudgeted
increases in costs.”
Explanation:
(This amendment clarifies the authority of the Director of the Department of
Planning and Budget to execute appropriation transfers between fund groups,
between agencies for unbudgeted costs or cost savings actions, and between
capital projects for cost overruns. It also allows transfers affecting aid to
localities or aid to individuals with prior written notification to the General
Assembly.)
Language:
Page 484, strike lines 44 through 47.
Page 484, line 48, strike “b” and insert “a”.
Page 485, strike lines 38 through 41.
Page 486, line 2, strike “c” and insert “b”.
Explanation:
(This amendment removes language that prohibits the Governor from
re-establishing a vetoed program. This provision is contrary to the Virginia
Supreme Court decision in Gilmore v. Landsidle.)
|
|
|
Amendment # 35
|
Item 4-1.05
|
|
|
|
|
Appropriations
|
|
|
|
Reversion of Appropriations and Reappropriations
|
| | | | | | | | | | |
Language:
Page 486, line 14, after "nonrecurring costs" insert "to the extent
practicable".
Page 486, line 26, strike "no later than" and insert "by".
Page 486, line 26, after "succeeding fiscal year" insert "or as soon thereafter
as practicable".
Page 486, after line 28, insert:
"3. Reappropriations payable from the general fund shall be made only upon
certification by the Governor that funds are available for such payment."
Page 486, line 29, strike "3." and insert "4."
Page 486, line 41, after "nonrecurring cost" insert "to the extent
practicable".
Explanation:
(This amendment clarifies the Governor's authority regarding the
reappropriation of general fund and nongeneral fund amounts, and provides that
reappropriations require the governor to certify that sufficient cash is
available to support them.)
|
|
|
Amendment # 36
|
Item 4-1.06
|
|
|
|
|
Appropriations
|
|
|
|
Limited Adjustments of Appropriations
|
| | | | | | | | | | |
Language:
Page 487, line 28, strike "with the written concurrence of the Auditor of
Public Accounts” and insert “with written notification to the Auditor of Public
Accounts”.
Explanation:
(This amendment clarifies the authority of the State Comptroller to process
transactions prior to June 30. The proposed change will require notification
to instead of the concurrence of the Auditor of Public Accounts for the State
Comptroller to process transactions prior to June 30 for the upcoming fiscal
year. Notification will allow for more timely execution of emergency
transactions before the beginning of the fiscal year in lieu of holding the
emergency transactions until the Auditor of Public Accounts provides "written
concurrence" with the Comptroller's request. The $3 million limit for the
transactions remains unchanged. Requiring concurrence from a legislative
official also raises separation of powers issues.)
Language:
Page 490, strike lines 30 through 32.
Page 490, line 33, strike "e)" and insert "d)".
Page 490, line 34, strike "f)" and insert "e)".
Page 490, line 37, strike "g)" and insert "f)".
Page 490, line 39, strike "h)" and insert "g)".
Page 490, line 40, strike "i)" and insert "h)".
Page 491, line 2, strike "j)" and insert "i)".
Page 491, line 3, strike "k)" and insert "j)".
Page 491, line 6, strike "l)" and insert "k)".
Page 491, line 8, strike "m)" and insert "l)".
Explanation:
(This amendment corrects a technical error. HB 5018 provides that Medicaid
recoveries be deposited into the Virginia Health Care Fund, which is a
nongeneral fund program. The language in this item of HB 5001 however, calls
for such recoveries to be deposited to the general fund. This amendment
corrects the inconsistency and requires Medicaid recoveries to be deposited in
the Health Care Fund, as provided in HB 5018.)
|
|
|
Amendment # 38
|
Item 4-3.02
|
|
|
|
|
Deficit Authorization and Treasury Loans
|
| | | | | | | | |
Language:
Page 493, line 31, after "collection of" insert "nongeneral fund revenues or".
Page 493, line 34, after "such loans" insert "in anticipation of bond
proceeds".
Explanation:
(This amendment makes a technical correction to ensure treasury loans can be
made to capital projects in anticipation of nongeneral fund revenues and bond
proceeds.)
Language:
Page 509, line 23, after "6." insert "a)"
Page 509, after line 24, insert:
“b. Existing salary contracts between the Chief Information Officer and the
Information Technology Investment Board in effect before the enactment of this
act shall remain in effect as originally written until the termination of said
contracts. Salary contracts entered into after enactment of this act shall
adhere to the conditions specified in § 4-6.01.”
Explanation:
(This amendment allows for the existing salary contract between the Information
Technology Investment Board and the state's Chief Information Officer (CIO),
signed on January 20, 2004, to remain in effect. Upon termination of the
existing contract, subsequent contracts will follow the salary guidelines
outlined in the appropriation act. Section 2.2-2005 of the Code of Virginia
directs that the CIO be appointed by the Information Technology Investment
Board as the chief administrative officer of the Board and to oversee the
operations of the Virginia Information Technologies Agency. The statute
stipulates that the CIO shall be employed under special contract for a term of
five years and shall, under the direction and control of the Board, exercise
the powers and perform the duties conferred or imposed upon him by law and
perform such other duties as may be required by the Board.)
Language:
Page 509, after line 58, insert
"Executive Director, Department of
Game and Inland Fisheries $108,607 $111,865
$111,865".
Page 510, strike lines 51 and 52.
Explanation:
(This amendment makes the Department of Game and Inland Fisheries a Level One
agency for the purpose of agency head compensation, instead of Level Two.)
Language:
Page 513, after line 26 insert:
"c) The State Council of Higher Education may annually supplement the salary
of the Director from any available appropriations or any other nonstate funds available to 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 compensation
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. The State Council shall report
approved supplements to the Department of Human Resource Management for its
records."
Explanation:
(This amendment restores language allowing the State Council of Higher
Education in Virginia to adjust the director's salary. Without the additional
flexibility to supplement the director's salary, the State Council will not be
able to compete nationally to attract a qualified individual to fill the vacant
position. In addition, the language provides greater flexibility by allowing
the Council to use available nonstate funds to supplement the director's
salary.)
Language:
Page 517, line 29, strike “Approvals for executive department agencies”
Page 517, strike line 30, and insert:
"The Director, Department of Planning and Budget, may increase the Position
Level number of Executive Department agencies to effect the following:
“a) to address threats to life, safety, health, or property or compliance with
judicial orders;
b) to ensure that appropriations are spent in an efficient and effective
manner;
c) to provide for unbudgeted increases in costs which he determines a state
agency or other agency must receive to render essential services; or
d) utilize additional nongeneral fund revenue approved under §4-1.04."
Page 517, line 37, strike "2.a." and insert "2.a)".
Explanation:
(This amendment clarifies the authority of the Director of the Department of
Planning and Budget to adjust the position level in Executive Branch agencies
and makes a technical correction in paragraph numbering.)
Language:
Page 519, line 43, after "calendar days" insert "after the Governor approves
agency budget reduction plans or five calendar days".
Page 519, line 43, after “briefs,” insert “or”.
Page 519, line 44, strike “, or budget reduction proposals”.
Explanation:
(This amendment clarifies agency reporting requirements regarding budget
requests and other related submissions.)
