GOVERNOR'S RECOMMENDATION
I am grateful to the House of Delegates and the Senate of
Virginia for your dedicated work leading to a budget that addresses the
critical issues that we face during the COVID-19 pandemic. I approve the
general purpose of this bill, but I am returning it with a request for the
adoption of ten amendments.
These changes are important because the economic effects of
COVID-19 remain unclear and much of its potential long-term impact will depend
on events yet to come—such as the successful development and distribution of a
vaccine—and possible changes to the pandemic response at the national level.
Both of these critical next steps are profoundly uncertain right now. Amidst so
much uncertainty at a national level, Virginians and our economy must remain
vigilant and takes steps to maintain financial flexibility.
I am pleased that the budget you returned to me reflects
general agreement with the plan I put forth to balance spending against a lower
revenue forecast. We may have to revisit some of these decisions after the next
revenue forecast is complete.
I am making one recommendation for additional one-time
spending: I propose $1 million to fund an independent investigation into the
culture at the Virginia Military Institute. This is necessary to provide us
with the facts needed to craft a path forward for the Institute. This budget
amendment would reduce the unappropriated general fund balance from $303.2
million to $302.2 million.
I propose to eliminate capital spending for the Nimmo Parkway
in Virginia Beach and a new airport hangar in Accomack. These projects need to
go through Virginia’s existing review processes that allocate funding to
transportation projects. These public reviews allow for full transparency by
weighing different transportation projects against each other, but these
projects instead aim to “jump the line.” They do not warrant special treatment,
and they should face the same level of review as every other transportation
project.
In addition to these three amendments, I also propose seven
“language-only amendments” that are covered in the attachment.
This budget reflects the sentiment I expressed to you last
spring as the pandemic took hold in the United States: “While these proposals
present difficult decisions today, we may face tougher choices tomorrow.” This
budget includes difficult but important actions that reflect many months of the
pandemic behind us, and that prepare for much uncertainty ahead. While we may
face tougher choices in the days ahead, the decisions we have made together in
this budget place us on a course to manage our resources in a responsible
manner. Even as we proceed with caution, we should celebrate the fact that this
budget helps shape Virginia’s future with important investments in healthcare,
in education, in our workforce, and more.
Item 127
Commerce and Trade
|
|
|
|
Department of Professional and Occupational Regulation
|
|
|
Language
|
Language:
Page 46, strike lines 13 through 22, and insert:
“D. The COVID-19 Phase 3 or later Personal Care and Personal
Grooming Services guidelines authorize any individual licensed to practice
under Chapter 7 of Title 54.1 of the Code of Virginia to provide services
effectively and safely. The guidelines may require enhanced safety precautions
in the absence of a customer face covering, including requiring the licensee to
wear a face shield and/or utilize some other similar barrier.”
Explanation:
(This amendment amends language to state that the applicable
guidelines authorize the licensed individuals to practice safely and effectively,
and may require enhanced safety precautions in the absence of a customer face
covering.)
Amendment 2: COVID-19 Drug Research Development
Item 135
Commerce and Trade
|
|
|
|
Virginia Innovation Partnership Authority
|
|
|
Language
|
Language:
Page 54, strike lines 21 -32 and insert:
“9.a. The VBHRC shall administer a one-time grant program designed
to support the acceleration of clinical testing of pharmaceutical agents that
address the COVID-19 pandemic, specifically a pharmaceutical agent directed at
preventing or ameliorating the course of infection or the acute or long term
symptoms of COVID-19. VBHRC shall consult with subject matter experts in
the healthcare industry or academia to develop criteria for awarding funds
provided in paragraph P.3. of this item to one or more qualifying grantees. At
a minimum, these criteria must include: (i) the company is either headquartered
in Virginia or has a clinical research facility in Virginia and the clinical
activity is creating investment or jobs in Virginia; and (ii) the company is
actively conducting Phase 1, 2, or 3 clinical trial of a pharmaceutical agent
described above. In awarding these funds, the board of directors of the
VBHRC may waive the requirements that (i) two of the participating institutions
are actively and significantly involved in collaborating on the research, and
(ii) funding be matched at least dollar-for-dollar by funding provided by
private entities, foundations, and other governmental sources”.
Explanation:
(Amends language associated with the establishment of a one-time
Virginia Biosciences Health Research Corporation grant program to support the
acceleration of clinical testing of a therapeutic drug that treats clinical
symptoms caused by COVID-19 to expand the criteria for access to the grant
fund.)
Amendment 3: Amend language on priority for COVID testing
Item 299
Health and Human Resources
|
|
|
|
Department of Health
|
|
|
Language
|
Language:
Page 163, line 26, strike “priority for”.
Explanation:
(This amendment removes priority testing for residents and
employees of nursing facilities or assisted living facilities for COVID-19.
This will allow VDH to rely on their current process for planning and
prioritizing COVID-19 vaccines and treatments that already includes nursing
facilities and assisted living facilities.)
Amendment 4: Continue the Water Quality Enhancement Fee
Item 377
Natural Resources
|
|
|
|
Department of Environmental Quality
|
|
|
Language
|
Language:
Page 250, strike lines 15 -24, and insert:
“L. Notwithstanding § 62.1-44.15:35, Code of Virginia, regardless
of whether or not the effective date of regulations establishing application
fees in accordance with § 62.1-44.19:20, Code of Virginia, has occurred, the
credit provider shall pay the Department a water quality enhancement fee equal
to six percent of the amount paid by the applicant for the credits. Such fee
shall be deposited into the Virginia Stormwater Management Fund established by
§ 62.1-44.15:29, Code of Virginia. The Department shall convene a workgroup of
affected stakeholders, including representatives from the regulated industry
and members of the public, to produce recommendations for the Governor and
General Assembly to improve the long-term sustainability of the water quality
enhancement fee and Department oversight of nutrient credit use in the
Commonwealth. Such recommendations shall be provided to the Governor and
General Assembly by July 1, 2021.”
Explanation:
(This amendment continues the Water Quality Enhancement Fee.
Also directs the Department of Environmental Quality to convene a workgroup of
stakeholders to produce recommendations by July 1, 2021, for the Governor and
General Assembly to improve the long-term sustainability of the fee and DEQ’s
oversight of nutrient credit use in Virginia.)
Amendment 5: Funding and language to establish VMI
Investigation Team
Item 479
Central Appropriations
|
FY 20 -21
|
FY 21 -22
|
|
Central Appropriations
|
$1,000,000
|
$0
|
GF
|
|
|
|
|
Language:
Page 302, line 50, strike “$9,769,500” and insert “$10,769,500”.
Page 303, Line 6, strike “$3,069,500” and insert “$4,069,500”
Page 307, after line 18 insert:
“Q. The appropriations in this item include $1,000,000 from the general
fund in the first year to conduct an independent, third-party investigation of
the culture, traditions, policies, and practices of the Virginia Military
Institute. The investigative team shall report its findings and recommendations
to the State Council of Higher Education for Virginia. Investigative notes,
draft reports, and other correspondence and information furnished in confidence
with respect to this investigation are exempt from disclosure under the
Virginia Freedom of Information Act, section 2.2-3700 et seq. of the Code of
Virginia.”
Explanation:
(This amendment provides funding for an independent, third-party
investigation of the culture, traditions, policies, and practices of the
Virginia Military Institute.)
Amendment 6: Amend Coronavirus Relief Fund Allocation
Language
Item 479.10
Central Appropriations
|
|
|
|
Central Appropriations
|
|
|
Language
|
Language:
Page 307, line 28, strike “Any allocations of”.
Page 307, strike lines 29 through 35.
Page 307, line 36, unstrike “2” and strike “3”.
Page 307, line 48, unstrike “3” and strike “4”.
Page 307, line 52, unstrike “4” and strike “5”.
Page 308, strike lines 8 through 27 and insert:
Item
|
Amount Allocated as of 7/1/2020
|
Allocations to Localities
|
$644,573,383
|
FY20 Agency-based Requests
|
$80,480,698
|
DGS - Consolidated Labs
|
$6,052,673
|
DHCD - Emergency Housing for Homeless
|
$5,528,998
|
DHCD - Mortgage and Rental Assistance
|
$10,000,000
|
VDEM - PPE
|
$97,000,000
|
VDEM - Testing
|
$42,338,400
|
VDEM - Other
|
$33,722,001
|
VDH - Contract tracing/UVA Equipment
|
$59,157,614
|
VDH - Replace deficit authorization
|
$3,291,300
|
Total
|
$982,145,067
|
Page 308, line 28, strike “$1,215,214,399” and insert
“$2,127,357,769”.
Page 308, strike lines 32 through 48.
Page 309, strike lines 1 through 28 and insert:
Item
|
Amount
|
Allocations to Localities
|
$644,573,383
|
Direct utility customer assistance for SCC jurisdictional
utilities
|
$60,000,000
|
Direct utility customer assistance for other utilities
|
$60,000,000
|
DHCD - Emergency Housing for Homeless
|
$3,270,000
|
DOC/DJJ - PPE, sanitization, medical overtime
|
$6,642,352
|
DMAS - Additional hospital reimbursements for eligible
COVID-19 costs
|
$60,000,000
|
DMAS - Long-term care facilities
|
$55,640,872
|
DMAS - PPE for Personal Care Attendants
|
$9,256,178
|
DMAS - Hazard pay for home health workers
|
$73,056,734
|
DMAS - Retainer payments for Medicaid DD Waiver Day Support
providers
|
$25,000,000
|
Higher Education - PPE, Virtual Education, Cleaning ,
Telework, Other COVID Costs
|
$116,261,410
|
State Museums and Higher Education Centers - PPE, Virtual
Education, Cleaning , Telework, Other COVID Costs
|
$834,013
|
K-12 - Costs for Re-Opening Schools
|
$220,798,208
|
DSS - Food security - Expand emergency food supply package
|
$650,000
|
VDACS - Food security - Agriculture surplus & emergency
food
|
$1,211,953
|
VDEM - Food security - 1 million MREs
|
$2,000,000
|
DSS - Childcare Provider Stabilization Funds
|
$58,341,000
|
DSS - Virginia Federation of Food Banks - $1.0 million per region
|
$7,000,000
|
Statewide - PPE Plan
|
$42,112,285
|
Statewide - Testing and Contact Tracing
|
$71,829,059
|
Statewide - state agencies telework, PPE/sanitizing, DOLI
regulation compliance and other eligible operational cost increases
|
$31,580,652
|
VDH - Point of Care Antigen Testing
|
$16,010,500
|
DSBSD - Small business assistance grants
|
$70,000,000
|
VDEM - Technical assistance, public education and
preparedness for COVID-19 pandemic response
|
$41,769,113
|
DHCD - Mortgage and Rental Assistance
|
$40,000,000
|
DHCD - Mortgage and Rental Assistance supplement
|
$12,000,000
|
DHCD - broadband accessibility
|
$30,000,000
|
VEC - Unemployment Assistance
|
$210,000,000
|
UVA Medical Center – capital, PPE, testing, education
|
$3,442,283
|
VCU Hospital – capital, PPE, testing, education
|
$11,333,374
|
VDH - Executive Order enforcement
|
$1,298,038
|
DBHDS - hospital census support
|
$2,853,215
|
Carilion serology study
|
$566,309
|
VDH - Vaccination Program
|
$22,052,445
|
DBHDS - Hazard Pay
|
$669,312
|
VDH - additional testing needs - One Lab
|
$9,929,838
|
VDH - agreement with Unite Us
|
$10,000,000
|
VDH - DocuSign subscription
|
$192,250
|
VDH - COVID-19 communications Strategy
|
$3,450,000
|
VDH - sample testing costs, staffing, overtime
|
$6,632,255
|
VDH - Virginia Association of Free and Charitable Clinics
(VAFCC)
|
$3,000,000
|
VDH - community mitigation efforts
|
$41,019
|
VCCS - training vouchers for unemployed
|
$30,000,000
|
DSBSD - small business assistance grants - additional funds
for Rebuild Virginia
|
$30,000,000
|
DVS - reimburse COVID-19 expenses for PPE, sanitization,
medical overtime
|
$59,719
|
SCHEV - payment to private institutions of higher education
|
$22,000,000
|
Total
|
$2,127,357,769
|
Page 309, strike lines 29 through 51 and insert:
“3.a. The allocations in this item include $60,000,000 the first
year from the Coronavirus Relief Funds cited in paragraph B.2. above to be used
to help provide direct assistance to jurisdictional utility customers with
accounts over 30 days in arrears. In order to be eligible for the funds
provided in this paragraph, the jurisdictional utilities must be subject to the
utility disconnection moratorium established in Item 4 -14, clause 7.a. of this
act. The State Corporation Commission shall establish an application process in
order to distribute funds directly to utilities for the purpose of efficiently
providing direct assistance to customers. Utilities shall certify upon
application to the State Corporation Commission, that funds will be utilized in
accordance with the CARES act. The Commission shall award funds in a manner
that will provide direct assistance to customers with accounts over 60 days in
arrears prior to awarding funds to subsidize customer accounts 30 days in
arrears. Any federal Coronavirus Relief Funds from the Coronavirus Aid, Relief,
and Economic Security (CARES) Act (P.L. 116 -136) provided pursuant to this
paragraph shall exclude phase II utilities who provided the forgiveness of
jurisdictional customer balances as specified in Item 4 -14, clause 7,
paragraph j. of this act. Notwithstanding § 2.2-4002, Code of
Virginia, the provisions contained in this paragraph 5.a. establishing the
utility direct assistance program shall not be subject to the Administrative
Process Act.
b. Upon receipt of any funds provided in paragraph 3.a., utilities
shall create separate COVID-19 Utility Assistance Funds and record direct
assistance payments to customers on their books in accordance with applicable
accounting standards. Utilities may not direct any funds provided in paragraph
5.a. to new deposits, down payments, fees, late fees, interest charges, or
penalties. Utilities may require the customer to attest to the utility or to a
third party chosen by the utility that the customer has experienced a financial
hardship resulting directly or indirectly from the public health emergency or
that they have experienced a hardship to pay during the public health emergency
prior to receiving direct assistance from the utility's COVID-19 Utility
Assistance Fund. While utilities may require attestation of such hardship, it
may be implied that arrearages accrued over 30 days for customer nonpayment of
bills, for which federal relief funds shall be used for direct subsidy payments
on behalf of customers pursuant to Item 4 -14, paragraph d. of this act., were
incurred as a financial hardship created by the pandemic. Utilities shall
reflect the direct assistance payment on an eligible customer's monthly bill,
after the funds are applied to the customer's account. Utility customers may
only receive a direct payment subsidy from the utility's COVID-19 Utility
Assistance Fund once.
c. The Director of the Department of Planning and Budget shall
distribute funds to the State Corporation Commission within 30 days of the
passage of this act. Prior to any distribution from the amounts appropriated in
paragraph 3.a. of this item, the State Corporation Commission may seek guidance
from the Department of Planning and Budget and any other relevant agencies to
verify the jurisdictional utilities that are eligible to receive funds under
this appropriation based on the most recently published guidance from the
United States Department of the Treasury.”
Page 310, strike lines 1 through 58.
Page 311, strike lines 1 through 56.
Page 312, strike lines 1 through 32.
Page 312, strike lines 51 through 56 and insert:
“D. 1. If, prior to the expiration of federal Coronavirus Relief
Fund amounts, the Governor determines that any of the amounts outlined in
paragraph B. of this item cannot be spent for the purposes outlined, he shall
have the authority to shift unspent allocations first to any other purpose
outlined in Paragraph B; however, if he determines that no additional need
exists for the allocations in paragraph B, he may authorize the remaining
amounts to be used for other qualifying expenses pursuant to federal
guidelines.
2. If, after December 30, 2020, but prior to the required return of
unspent federal Coronavirus Relief Fund amounts to the federal government, the
Governor determines that unspent allocations remain, such amounts shall be
transferred to the Unemployment Compensation Fund established pursuant to §
60.2-300 or to other eligible expenses authorized in paragraph B. of this item
pursuant to federal guidelines. If, after the expiration of federal Coronavirus
Relief Fund amounts, federal guidelines allow for the shifting of allocated
amounts, the Governor shall have the authority to reclassify such amounts to
eligible expenses in order to maximize the Commonwealth’s use of the funds. Any
such reclassification of funds shall be reported to the Chairs of the House
Appropriations and Senate Finance and Appropriations Committees.”
Page 313, line 1, strike “or C.” and insert C, or D.”
Page 313, strike lines 9 through 18.
Explanation:
(This amendment adjusts Coronavirus Relief Fund allocations to be
consistent with amounts already approved or executed and modifies other
language provisions.)
Amendment 7: Remove funding for Accomack Regional
Airport Hangar project
Item C-61.50
Virginia Commercial Spaceflight Authority
|
FY 20 -21
|
FY 21 -22
|
|
Central Capital Outlay
|
($2,000,000)
|
$0
|
NGF
|
|
|
|
|
Language:
Page 338, strike lines 2 through 7.
Explanation:
(This amendment eliminates funding for the Accomack Regional
Airport Hangar project.)
Amendment 8: Remove funding for Virginia Beach Access
Improvement project
Item C-72.10
Central Appropriations
|
FY 20 -21
|
FY 21 -22
|
|
Central Capital Outlay
|
($10,000,000)
|
$0
|
NGF
|
|
|
|
|
Language:
Page 341, strike lines 2 through 10.
Explanation:
(This amendment eliminates funding for the Virginia Beach Nimmo
Parkway access project.)
Amendment 9: DMV Office Relocations
Item C-73
Central Appropriations
|
|
|
|
Central Capital Outlay
|
|
|
Language
|
Language:
Page 341, line 18, strike “Not Set Out” and insert:
“A. The Department of General Services is authorized to enter into
long-term leases as follows:
1. On behalf of the Department of Social Services, to address lease
space needs for the Child Support Enforcement District Office, the Regional
Administrative Office and the Regional Training Offices in Abingdon.
2. On behalf of the Department of Social Services, to address lease
space needs for the Child Support Enforcement District Office and the Child
Support Enforcement Regional Offices in Roanoke.
3. On behalf of the Department of Motor Vehicles, to address lease
space needs for a customer service center to replace or renew the lease for the
existing facility in Manassas and Henrico County.
4. On behalf of the Department of Corrections, to address space
needs for probation and parole offices in Petersburg, Bristol, Abingdon,
Gloucester, Front Royal, and Chesterfield County.
5. On behalf of the Department of Environmental Quality, to address
lease space needs for a regional office to replace or renew the lease for the
existing facility in Roanoke.
6. On behalf of the Department of Environmental Quality, to address
lease space needs for the Piedmont Regional Office and Office of Air Quality
Monitoring to replace or renew the lease for the existing facility in the
greater Richmond area.
7. On behalf of the Department of Emergency Management, to address
lease space needs for a headquarters facility to replace or renew the lease for
the existing facility in the greater Richmond area.
8. On behalf of the Department of Motor Vehicles, to address lease
space needs for the Sterling Customer Service Center to relocate and expand the
existing facility.
9. On behalf of the Department of Historic Resources, to address
lease space needs for additional archaeological storage space to expand the
existing facility in the greater Richmond area.
10. On behalf of the Department of Motor Vehicles, to address
lease space needs for the Charlottesville and Smithfield Customer Service
Centers to relocate the existing facilities.
Amendment 10: Redistricting Commission
Item 4 -14
General Provisions
|
|
|
|
Effective Date
|
|
|
Language
|
|
|
|
|
Language:
Page 366, after line 39, insert:
“9. That §§ 8.01-3, 24.2-306, 24.2-309.2, 30-263, 30-264, and
30-265 of the Code of Virginia are amended and reenacted and that the Code of
Virginia is amended by adding in Title 30 a chapter numbered 62 consisting of
sections numbered 30-391 through 30-400 as follows:
§ 8.01-3. Supreme Court may prescribe rules; effective date and
availability; indexed, and annotated; effect of subsequent enactments of
General Assembly.
A. The Supreme Court, subject to §§ 17.1-503 and 16.1-69.32, may,
from time to time, prescribe the forms of writs and make general regulations
for the practice in all courts of the Commonwealth; and may prepare a system of
rules of practice and a system of pleading and the forms of process and may
prepare rules of evidence to be used in all such courts. This section shall be
liberally construed so as to eliminate unnecessary delays and expenses.
B. The Supreme Court, subject to § 30-399, shall enact rules and
procedures as may be necessary for implementing the requirements of Article II,
Section 6-A of the Constitution of Virginia, empowering the Supreme Court to
establish congressional or state legislative districts as provided for in that
section.
B. C. New rules and amendments to rules shall
not become effective until 60 days from adoption by the Supreme Court, and
shall be made available to all courts, members of the bar, and the public.
C. D. The Virginia Code Commission shall
publish and cause to be properly indexed and annotated the rules adopted by the
Supreme Court, and all amendments thereof by the Court, and all changes made
therein pursuant to subsection D E.
D. E. The General Assembly may, from time to time, by
the enactment of a general law, modify or annul any rules adopted or amended
pursuant to this section. In the case of any variance between a rule and an
enactment of the General Assembly such variance shall be construed so as to
give effect to such enactment.
E. F. Any amendment or addition to the
rules of evidence shall be adopted by the Supreme Court on or before November
15 of any year and shall become effective on July 1 of the following year
unless the General Assembly modifies or annuls any such amendment or addition
by enactment of a general law. Notwithstanding the foregoing, the Supreme
Court, at any time, may amend the rules to conform with any enactment of the
General Assembly and correct unmistakable printer's errors, misspellings,
unmistakable errors to statutory cross-references, and other unmistakable
errors in the rules of evidence.
F. G. When any rule contained in the
rules of evidence is derived from one or more sections of the Code of Virginia,
the Supreme Court shall include a citation to such section or sections in the
title of the rule.
§ 24.2-306. Changes not to be enacted within 60 days of general
election; notice requirements.
A. No change in any local election district, precinct, or polling
place shall be enacted within 60 days next preceding any general election.
Notice shall be published prior to enactment in a newspaper having general
circulation in the election district or precinct once a week for two successive
weeks. The published notice shall state where descriptions and maps of proposed
boundary and polling place changes may be inspected.
B. Notice of any adopted change in any election district, town,
precinct, or polling place other than in the location of the office of the
general registrar shall be mailed to all registered voters whose election
district, town, precinct, or polling place is changed at least 15 days prior to
the next general, special, or primary election in which the voters will be
voting in the changed election district, town, precinct, or polling place.
Notice of a change in the location of the office of the general registrar shall
be given by posting on the official website of the county or city, by posting
at not less than 10 public places, or by publication once in a newspaper of
general circulation in the county or city within not more than 21 days in advance
of the change or within seven days following the change.
C. Each county, city, and town shall comply with the
applicable requirements of law, including §§
24.2-304.3 and 30-264 30-395, and send copies
of enacted changes, including a Geographic Information System (GIS) map showing
the new boundaries of the districts or precincts, to the local electoral board,
the Department, and the Division of Legislative Services. Any county, city, or
town that does not have GIS capabilities may request the Department of
Elections to create on its behalf a GIS map showing the boundaries of the new
districts or precincts, and the Department of Elections shall create such a
map.
§ 24.2-309.2. Election precincts; prohibiting precinct changes
for specified period of time.
No county, city, or town shall create, divide, abolish, or
consolidate any precincts, or otherwise change the boundaries of any precinct,
effective during the period from February 1, 2019, to May 15, 2021, except as
(i) provided by law upon a change in the boundaries of the county, city, or
town, (ii) the result of a court order, (iii) the result of a change in the
form of government, or (iv) the result of an increase or decrease in the number
of local election districts other than at-large districts. Any ordinance
required to comply with the requirements of § 24.2-307 shall be adopted on or
before February 1, 2019.
If a change in the boundaries of a precinct is required pursuant to
clause (i), (ii), (iii), or (iv), the county, city, or town shall comply with
the applicable requirements of law, including §§ 24.2-304.3 and 30-264 30-395,
and send copies of the ordered or enacted changes to the State Board of
Elections and the Division of Legislative Services.
This section shall not prohibit any county, city, or town from
adopting an ordinance revising precinct boundaries after January 1, 2021.
However, no revisions in precinct boundaries shall be implemented in the
conduct of elections prior to May 15, 2021.
§ 30-263. Joint Reapportionment Committee; membership; terms;
quorum; compensation and expenses.
A. The Joint Reapportionment Committee (the Joint Committee)
is established in the legislative branch of state government. The Joint Committee
shall consist of five members of the Committee on Privileges and Elections of
the House of Delegates and three members of the Committee on Privileges and
Elections of the Senate appointed by the respective chairmen of the two
committees. Members shall serve terms coincident with their terms of office.
B. The Joint Committee shall elect a chairman and vice-chairman
from among its membership. A majority of the members of the Joint Committee
shall constitute a quorum. The meetings of the Joint Committee
shall be held at the call of the chairman or whenever the majority of the
members so request.
C. The Joint Committee shall supervise activities required for the
tabulation of population for the census and for the timely reception of
precinct population data for reapportionment, and perform such other duties
and responsibilities and exercise such supervision as may promote the orderly
redistricting of congressional, state legislative, and local election
districts.
D. Members shall receive such compensation as provided in §
30-19.12 and shall be reimbursed for all reasonable and necessary expenses
incurred in the performance of their duties as provided in §§ 2.2-2813 and
2.2-2825. Funding for the costs of compensation and expenses of the members
shall be provided by the Office of the Clerk of the House of Delegates and the
Office of Clerk of the Senate for their respective members.
§ 30-264. Staff to Joint Reapportionment Committee.
A. The Division of Legislative Services (the Division) shall serve
as staff to the Joint Reapportionment Committee. The Director of the Division,
or his designated representative, shall serve as the state liaison with the
United States Bureau of the Census on matters relating to the tabulation of the
population for reapportionment purposes pursuant to United States Public Law 94
-171. The governing bodies, electoral boards, and registrars of every county
and municipality shall cooperate with the Division in the exchange of all
statistical and other information pertinent to preparation for the census.
B. The Division shall maintain the current election district
and precinct boundaries of each county and city as a part of the General
Assembly's computer-assisted mapping and redistricting system. Whenever a
county or city governing body adopts an ordinance that changes an election
district or precinct boundary, the local governing body shall provide a copy of
its ordinance, along with Geographic Information System (GIS) maps and other
evidence documenting the boundary, to the Division.
C. The provisions of Article 2 (§ 24.2-302 et seq.) of
Chapter 3 of Title 24.2, including the statistical reports referred to in that
article, shall be controlling in any legal determination of a district
boundary.
§ 30-265. Reapportionment of congressional and state legislative
districts; United States Census population counts.
For the purposes of redrawing the boundaries of the congressional,
state Senate, and House of Delegates districts after the United States Census
for the year 2020 and every 10 years thereafter, the General Assembly
Virginia Redistricting Commission established pursuant to Chapter 62 of Title
30 shall use the population data provided by the United States Bureau of
the Census, as adjusted by the Division of Legislative Services pursuant to §
24.2-314. The census data used for this apportionment purpose shall not include
any population figure which is not allocated to specific census blocks within
the Commonwealth, even though that population may have been included in the
apportionment population figures of the Commonwealth for the purpose of
allocating United States House of Representatives seats among the states.
CHAPTER 62.
VIRGINIA REDISTRICTING COMMISSION.
§ 30-391. Virginia Redistricting Commission.
A. The Virginia Redistricting Commission is established in
the legislative branch of state government. It shall be convened in the year
2020 and every 10 years thereafter for the purpose of establishing districts
for the United States House of Representatives and for the Senate and the House
of Delegates of the General Assembly.
B. As used in this chapter:
"Census data" means the population data received from
the United States Bureau of the Census pursuant to P.L. 94 -171.
"Commission" means the Virginia Redistricting
Commission established pursuant to this chapter.
"Committee" means the Redistricting Commission
Selection Committee established pursuant to § 30-393.
“Partisan public office" means (i) an elective or
appointive office in the executive or legislative branch or in an independent
establishment of the federal government; (ii) an elective office in the
executive or legislative branch of the government of the Commonwealth, or an
office that is filled by appointment and is exempt from the Virginia Personnel
Act (§ 2.2-2900 et seq.); or (iii) an office of a county, city, or other
political subdivision of the Commonwealth that is filled by an election process
involving nomination and election of candidates on a partisan basis.
"Political party office" means an elective office in
the national or state organization of a political party, as defined in §
24.2-101.
§ 30-392. Membership; terms; vacancies; chairman; quorum;
compensation and expenses.
A. The Virginia Redistricting Commission shall consist of 16
commissioners that include eight legislative commissioners and eight citizen
commissioners as follows: two commissioners shall be members of the Senate of
Virginia, representing the political party having the highest number of members
in the Senate and appointed by the President pro tempore of the Senate; two
commissioners shall be members of the Senate, representing the political party
having the next highest number of members in the Senate and appointed by the
leader of that political party; two commissioners shall be members of the House
of Delegates, representing the political party having the highest number of
members in the House of Delegates and appointed by the Speaker of the House of
Delegates; two commissioners shall be members of the House of Delegates,
representing the political party having the next highest number of members in
the House of Delegates and appointed by the leader of that political party; and
eight citizen commissioners who shall be selected by the Redistricting
Commission Selection Committee pursuant to § 30-394. No appointing authority
shall appoint himself to serve as a legislative commissioner or a citizen
commissioner.
B. Legislative commissioners selected to serve as
commissioners of the Commission shall be appointed by the respective
authorities no later than December 1 of the year ending in zero and shall
continue to serve until their successors are appointed. In making its
appointments, the appointing authorities shall endeavor to have their
appointees reflect the racial, ethnic, geographic, and gender diversity of the
Commonwealth. Appointments to fill vacancies, other than by expiration of a
term, shall be for the unexpired terms. Vacancies shall be filled in the same
manner as the original appointment, such that the proper partisan balance of
the Commission is maintained.
C. Citizen commissioners selected to serve as
commissioners of the Virginia Redistricting Commission shall be selected by the
Redistricting Commission Selection Committee as provided in § 30-394. In making
its selections, the Committee shall ensure the citizen commissioners are, as a
whole, representative of the racial, ethnic, geographic, and gender diversity
of the Commonwealth. Citizen commissioners shall be appointed no later than
January 15 of the year ending in one and shall continue to serve until their
successors are appointed. Appointments to fill vacancies, other than by
expiration of a term, shall be for the unexpired terms. Vacancies shall be
filled by the Commission selecting a replacement from the list submitted
pursuant to subsection E of § 30-394 from which the commissioner being replaced
was selected and shall require an affirmative vote of a majority of the
commissioners, including at least one commissioner representing or affiliated with
each political party.
D. Legislative commissioners shall receive such
compensation as provided in § 30-19.12, and citizen commissioners shall receive
such compensation as provided in § 2.2-2813 for their services. All members
shall be reimbursed for all reasonable and necessary expenses incurred in the
performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. All such
compensation and expense payments shall come from existing appropriations to
the Commission.
E. By February 1 of the year ending in one, the Commission
shall hold a public meeting at which it shall select a chairman from its
membership. The chairman shall be a citizen commissioner and shall be
responsible for coordinating the work of the Commission. A majority of the
commissioners appointed, which majority shall include a majority of the
legislative commissioners and a majority of the citizen commissioners, shall
constitute a quorum.
F. All meetings and records of the Commission shall be
subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), except
as provided in subsection E of § 30-394. All records and documents of the
Commission, or any individual or group performing delegated functions of or
advising the Commission, related to the Commission's work, including internal
communications and communications from outside parties, shall be considered
public information.
G. Commissioners, staff of the Commission, and any other
advisor or consultant to the Commission shall not communicate with any person
outside the Commission about matters related to reapportionment or
redistricting outside of a public meeting or hearing. Written public comments
submitted to the Commission, staff of the Commission, or any other advisor or
consultant to the Commission shall not be a violation of this subsection.
H. In the event the Commission hires a lawyer or law firm, the
Commission as an entity shall be considered the client of the lawyer or the law
firm. No individual commissioner or group of commissioners shall be considered
to be the client of the lawyer or the law firm.
§ 30-393. Redistricting Commission Selection Committee;
chairman; quorum; compensation and expenses.
A. There shall be a Redistricting Commission Selection
Committee established for the purpose of selecting the citizen commissioners of
the Virginia Redistricting Commission. This committee shall consist of five
retired judges of the circuit courts of Virginia.
B. By November 15 of the year ending in zero, the Chief
Justice of the Supreme Court of Virginia shall certify to the Speaker of the
House of Delegates, the leader in the House of Delegates of the political party
having the next highest number of members in the House of Delegates, the
President pro tempore of the Senate of Virginia, and the leader in the Senate
of Virginia of the political party having the next highest number of members in
the Senate of Virginia a list of at least 10 retired judges of the circuit
courts of Virginia who are willing to serve on the Committee, and no retired
judge who is a parent, spouse, child, sibling, parent-in-law, child-in-law, or
sibling-in-law of, or a cohabitating member of a household with, a member of
the Congress of the United States or of the General Assembly shall be included
in such list. In compiling this list, the Chief Justice shall give
consideration to the racial, ethnic, geographic, and gender diversity of the
Commonwealth. These members shall each select a judge from the list and shall
promptly, but not later than November 20, communicate their selection to the Chief
Justice, who shall immediately notify the four judges selected. In making their
selections, the members shall give consideration to the racial, ethnic,
geographic, and gender diversity of the Commonwealth. Within three days of
being notified of their selection, the four judges shall select, by a majority
vote, a judge from the list prescribed herein to serve as the fifth member of
the Committee, who shall serve as the chairman of the Committee.
A majority of the Committee members, which majority shall include
the chairman, shall constitute a quorum.
The judges of the Committee shall serve until their successors
are appointed. If a judge cannot, for any reason, complete his term, the
remaining judges shall select a replacement from the list prescribed herein.
C. Members of the Committee shall receive compensation for
their services and shall be allowed all reasonable and necessary expenses
incurred in the performance of their duties as provided in §§ 2.2- 2813 and
2.2-2825. The compensation and expenses of members and all other necessary
expenses of the Committee shall be provided from existing appropriations to the
Commission.
D. All meetings and records of the Committee shall
be subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), except
as provided in subsection E of § 30-394.
E. Notwithstanding the provisions of § 1-210 regarding the
computation of time, if an act required by this section is to be performed on a
Saturday, Sunday, or legal holiday, or any day or part of a day on which the
government office where the act to be performed is closed, the act required
shall be performed on the first business day immediately preceding the
Saturday, Sunday, or legal holiday, or day on which the government office is
closed.
§ 30-394. Citizen commissioners; application process;
qualifications; selection.
A. Within three days following the selection of the fifth
member of the Committee, the Committee shall adopt an application and process
by which residents of the Commonwealth may apply to serve on the Commission as
citizen commissioners. The Division of Legislative Services shall assist the
Committee in the development of the application and process.
The application for service on the Commission shall require
applicants to provide personal contact information and information regarding
the applicant's race, ethnicity, gender, age, date of birth, education, and
household income. The application shall require an applicant to disclose, for
the period of three years immediately preceding the application period, the
applicant's (i) voter registration status; (ii) preferred political party
affiliation, if any, and any political party primary elections in which he has
voted; (iii) history of any partisan public offices or political party offices
held or sought; (iv) employment history, including any current or prior
employment with the Congress of the United States or one of its members, the
General Assembly or one of its members, any political party, or any campaign
for a partisan public office, including a volunteer position; and (v) relevant
leadership experience or involvements with professional, social, political,
volunteer, and community organizations and causes.
The application shall require an applicant to disclose
information regarding the partisan activities and employment history of the
applicant's parent, spouse, child, sibling, parent-in-law, child-in-law, or
sibling-in-law, or any person with whom the applicant is a cohabitating member
of a household, for the period of three years immediately preceding the
application period.
The Committee may require applicants to submit three letters of
recommendation from individuals or organizations.
The application process shall provide for both paper and
electronic or online applications. The Committee shall cause to be advertised
throughout the Commonwealth information about the Commission and how interested
persons may apply.
B. To be eligible for service on the Commission, a person
shall have been a resident of the Commonwealth and a registered voter in the
Commonwealth for three years immediately preceding the application period. He
shall have voted in at least two of the previous three general elections. No
person shall be eligible for service on the Commission who:
1. Holds, has held, or has sought partisan public office
or political party office;
2. Is employed by or has been employed by a member of the
Congress of the United States or of the General Assembly or is employed
directly by or has been employed directly by the United States Congress or by
the General Assembly;
3. Is employed by or has been employed by any federal,
state, or local campaign;
4. Is employed by or has been employed by any political
party or is a member of a political party central committee;
5. Is a lobbyist registered pursuant to Article 3 (§
2.2-418 et seq.) of Chapter 4 of Title 2.2 or a lobbyist's principal as defined
in § 2.2-419 or has been such a lobbyist or lobbyist's principal in the
previous five years; or
6. Is a parent, spouse, child, sibling, parent-in-law,
child-in-law, or sibling-in-law of a person described in subdivisions 1 through
5, or is a cohabitating member of a household with such a person.
C. The application period shall begin no later than
December 1 of the year ending in zero and shall end four weeks after the
beginning date. During this period, interested persons shall submit a completed
application and any required documentation to the Division of Legislative
Services. All applications shall be reviewed by the Division of Legislative
Services to ensure an applicant's eligibility for service pursuant to
subsection B, and any applicant who is ineligible for service shall be removed
from the applicant pool.
The Division of Legislative Services shall make available the application
for persons to use when submitting a paper application and shall provide
electronic access for electronic submission of applications.
D. Within two days of the close of the application period,
the Division of Legislative Services shall provide to the Speaker of the House
of Delegates, the leader in the House of Delegates of the political party
having the next highest number of members in the House of Delegates, the
President pro tempore of the Senate of Virginia, and the leader in the Senate
of Virginia of the political party having the next highest number of members in
the Senate of Virginia the applications and documentation submitted by those
applicants who are eligible for service on the Commission pursuant to
subsection B and submitted complete applications, including any required
documentation.
E. By January 1 of the year ending in one, those persons
receiving the applications pursuant to subsection D shall each submit to the
Committee a list of at least 16 citizen candidates for service on the
Commission. In selecting citizen candidates, they shall give consideration to
the racial, ethnic, geographic, and gender diversity of the Commonwealth.
They shall notify the Division of Legislative Services of the
citizen candidates submitted to the Committee for consideration, and the
Division of Legislative Services shall promptly provide to the Committee the
applications and documentation for each citizen candidate being considered.
Only the applications and documentation for each citizen candidate shall be
maintained as public records.
F. Within two weeks of receipt of the lists of citizen
candidates and related materials pursuant to subsection E, but no later than
January 15, the Committee shall select, by a majority vote in
a public meeting, two citizen members from each list submitted. In
making its selections, the Committee shall ensure the citizen commissioners
are, as a whole, representative of the racial, ethnic, geographic, and gender
diversity of the Commonwealth. The Committee shall promptly notify those eight
citizens of their selection to serve as a citizen commissioner of the
Commission.
No member of the Committee shall communicate with a member of
the General Assembly or the United States Congress, or any person acting on
behalf of a member of the General Assembly or the United States Congress, about
any matter related to the selection of citizen commissioners after receipt of
the lists submitted pursuant to subsection E.
G. Notwithstanding the provisions of § 1-210 regarding the computation
of time, if an act required by this section is to be performed on a Saturday,
Sunday, or legal holiday, or any day or part of a day on which the government
office where the act to be performed is closed, the act required shall be
performed on the first business day immediately preceding the Saturday, Sunday,
or legal holiday, or day on which the government office is closed.
§ 30-395. Staff to Virginia Redistricting Commission; census
liaison.
A. The Division of Legislative Services shall provide staff
support to the Commission. Staff shall perform those duties assigned to it by
the Commission. The Director of the Division of Legislative Services, or his
designated representative, shall serve as the state liaison with the United
States Bureau of the Census on matters relating to the tabulation of the
population for reapportionment purposes pursuant to P.L. 94 -171. The governing
bodies, electoral boards, and registrars of every county and municipality shall
cooperate with the Division of Legislative Services in the exchange of all
statistical and other information pertinent to preparation for the census.
B. The Division of Legislative Services shall maintain the
current election district and precinct boundaries of each county and city as a
part of the Commission's computer-assisted mapping and redistricting system.
Whenever a county or city governing body adopts an ordinance that changes an
election district or precinct boundary, the local governing body shall provide
a copy of its ordinance, along with Geographic Information System (GIS) maps
and other evidence documenting the boundary, to the Division of Legislative
Services.
C. The provisions of Article 2 (§ 24.2-302 et seq.) of Chapter 3
of Title 24.2, including the statistical reports referred to in that article,
shall be controlling in any legal determination of a district boundary.
§ 30-396. Public participation in redistricting process.
A. All meetings and hearings held by the Commission shall
be adequately advertised and planned to ensure the public is able to attend and
participate fully. Meetings and hearings shall be advertised in multiple
languages as practicable and appropriate.
B. Prior to proposing any plan for districts for the
United States House of Representatives, the Senate, or the House of Delegates
and prior to voting to submit such plans to the General Assembly, the
Commission shall hold at least three public hearings in order to receive and
consider comments from the public. Public hearings may be held virtually and
any public hearings that are held in person shall be conducted in different
parts of the Commonwealth.
C. The Commission shall establish and maintain a website
or other equivalent electronic platform. The website shall be available to the
general public and shall be used to disseminate information about the
Commission's activities. The website shall be capable of receiving comments and
proposals by citizens of the Commonwealth. Prior to voting on any proposed
plan, the Commission shall publish the proposed plans on the website.
D. All data used by the Commission in the drawing of
districts shall be available to the public on its website. Such data, including
census data, precinct maps, election results, and shapefiles, shall be posted
within three days of receipt by the Commission.
§ 30-397. Proposal and submission of plans for districts.
A. The Commission shall submit to the General Assembly plans for
districts for the Senate and the House of Delegates of the General Assembly no
later than 45 days following the receipt of census data.
To be submitted as a proposed plan for districts for members of
the Senate, a plan shall receive affirmative votes of at least six of the eight
legislative commissioners, including at least three of the four legislative commissioners
who are members of the Senate, and at least six of the eight citizen
commissioners.
To be submitted as a proposed plan for districts for members of
the House of Delegates, a plan shall receive affirmative votes of at least six
of the eight legislative commissioners, including at least three of the four
legislative commissioners who are members of the House of Delegates, and at
least six of the eight citizen commissioners.
B. The Commission shall submit to the General Assembly
plans for districts for the United States House of Representatives no later
than 60 days following the receipt of census data or by the first day of July
of that year, whichever occurs first.
To be submitted as a proposed plan for districts for members of
the United States House of Representatives, a plan shall receive affirmative
votes of at least six of the eight legislative commissioners and at least six
of the eight citizen commissioners.
C. If the Commission fails to submit a plan for districts
by the deadline set forth in subsection A or B, the Commission shall have 14
days following its initial failure to submit a plan to the General Assembly. If
the Commission fails to submit a plan for districts to the General Assembly by
this date, the districts shall be established by the Supreme Court of Virginia
pursuant to § 30-399.
D. All plans submitted pursuant to this section shall
comply with the criteria and standards set forth in § 24.2-304.04.
§ 30-398. Consideration of plans by the General Assembly;
timeline.
A. All plans for districts for the Senate and the House of
Delegates shall be embodied in and voted on as a single bill.
B. All bills embodying plans for districts for the United
States House of Representatives, the Senate, or the House of Delegates shall be
voted on by the General Assembly in accordance with the provisions of Article
IV, Section 11 of the Constitution of Virginia, except no amendments shall be
permitted. All bills embodying a plan that are approved by both houses shall
become law without the signature of the Governor and, pursuant to Article II,
Section 6 of the Constitution of Virginia, shall take effect immediately.
C. Within 15 days of receipt of any plan for districts,
the General Assembly shall take a vote on a bill embodying such plan. If the
General Assembly fails to adopt the bill by this deadline, the Commission shall
submit a new plan for districts within 14 days of the General Assembly's
failure to adopt the bill. Within seven days of receipt of such plan, the
General Assembly shall take a vote on the bill embodying the plan, and if the
General Assembly fails to adopt the plan by this deadline, the districts shall
be established by the Supreme Court of Virginia pursuant to § 30-399.
D. If the Commission submits a plan for districts pursuant
to subsection C of § 30-397, the General Assembly shall take a vote on such
plan within seven days of its receipt. If the General Assembly fails to adopt
the plan by this deadline, the districts shall be established by the Supreme
Court of Virginia pursuant to § 30-399.
§ 30-399. Establishment of districts by the Supreme Court of
Virginia.
A. In the event the Commission fails to submit a plan for
districts by the deadline set forth in subsection A or B of § 30-397, or the
General Assembly fails to adopt a plan for districts by the deadline set forth
in subsection C or D of § 30-398, the Supreme Court of Virginia (the Court)
shall be responsible for establishing the districts.
B. The Court shall, not later than March 1 of a year
ending in one, enact rules and procedures as may be necessary for implementing
the requirements of Article II, Section 6-A of the Constitution of Virginia,
empowering the Court to establish congressional or state legislative districts
as provided for in that section. In enacting such rules and procedures, the
Court shall follow the provisions of this section.
C. Public participation in the Court's redistricting
deliberations shall be permitted. Such public participation may be through
briefings, written submissions, hearings in open court, or any other means as
may be prescribed by the Court.
D. The Division of Legislative Services shall make
available staff support and technical assistance to the Court to perform those
duties as may be requested or assigned to it by the Court.
E. Any plan for congressional or state legislative
districts established by the Court shall adhere to the standards and criteria
for districts set forth in Article II, Section 6 of the Constitution of
Virginia and § 24.2-304.04.
F. The Court shall appoint two special masters to assist
the Court in the establishment of districts. The two special masters shall work
together to develop any plan to be submitted to the Court for its
consideration.
Within one week of the Commission's failure to submit plans or
the General Assembly's failure to adopt plans, the leaders in the House of
Delegates having the highest and next highest number of members in the House of
Delegates and the leaders in the Senate of Virginia having the highest and next
highest number of members in the Senate of Virginia shall each submit to the
Court a list of three or more nominees, along with a brief biography and resume
for each nominee, including the nominee's particular expertise or experience
relevant to redistricting. The Court shall then select, by a majority vote, one
special master from the lists submitted by the legislative leaders of the
political party having the highest number of members in their respective
chambers and one special master from the lists submitted by the legislative
leaders of the political party having the next highest number of members in
their respective chambers. The persons appointed to serve as special masters
shall have the requisite qualifications and experience to serve as a special
master and shall have no conflicts of interest. In making its appointments, the
Court shall consider any relevant redistricting experience in the Commonwealth
and any practical or academic experience in the field of redistricting. The
Court shall be reimbursed by the Commonwealth for all costs, including fees and
expenses, related to the appointment or work of the special master from funds
appropriated for this purpose.
G. Any justice who is a parent, spouse, child, sibling,
parent-in-law, child-in-law, or sibling-in- law of, or a cohabitating member of
a household with, a member of the Congress of the United States or of the
General Assembly shall recuse himself from any decision made pursuant to this
section, and no senior justice designated pursuant to § 17.1-302 shall be
assigned to the case or matter to serve in his place.
§ 30-400. Remedial redistricting plans.
If any congressional or state legislative district established
pursuant to this chapter or the provisions of Article II, Sections 6 and 6-A of
the Constitution of Virginia is declared unlawful or unconstitutional, in whole
or in part, by order of any state or federal court, the Commission shall be
convened to determine and propose a redistricting plan to remedy the unlawful
or unconstitutional district.
10. That an emergency exists and the provisions of Enactment
9 of this act shall become effective on November 15, 2020, contingent upon the
passage of an amendment to the Constitution of Virginia on the Tuesday after
the first Monday in November 2020, establishing the Virginia Redistricting
Commission by amending Section 6 of Article II and adding in Article II a new
section numbered 6-A. If such amendment is not approved by the voters, the
provisions of this act shall not become effective.”
Page 366, line 40, strike “9.” and insert “11.”.
Page 366, line 42, strike “10.” and insert “12.”.
Page 366, line 42, strike “fifth enactment” and insert “fifth,
ninth, and tenth enactments”.
Explanation:
(This amendment provides for the implementation of the
constitutional amendment establishing the Virginia Redistricting Commission,
effective November 15, 2020, contingent upon the passage of the amendment by
voters on the Tuesday after the first Monday in November 2020.)