I approve the general purpose of this bill, but I am returning it without my signature with the request that thirty-five amendments be adopted.   My amendments primarily focus on expanding opportunities for education, keeping our communities safe, and making Virginia the best state for business. I believe that my amendments are necessary in order to continue the work that can unite Virginians, Republican and Democrat alike.

Thank you for sending me a budget that offers almost $4 billion in tax relief at a time when Virginians are in need of it most. The enrolled budget increases the standard deduction, repeals the state share of the grocery tax, provides tax rebates, and phases in an exemption of the first $40,000 in veteran retirement pay.

My proposed spending amendments are more than supported by the additional revenues and technical savings included in HB 29 and HB 30. I hope that these amendments will be acceptable to Republicans and Democrats, Delegates and Senators, so that the budget can be reenrolled without returning to my desk.

 

Amendment 1: Make technical changes to General Fund revenue

Item 0

Language:

Page 1, line 25, strike "$24,866,945,500" and insert "$24,872,345,500".

Page 1, line 25, strike "$52,130,960,400" and insert "$52,136,360,400".

Page 1, line 29, strike "$31,728,459,147" and insert "$31,733,859,147".

Page 1, line 29, strike "$59,725,179,467" and insert "$59,730,579,467".

Page 1, line 41, strike "$88,881,468,270" and insert "$88,886,868,270".

Page 1, line 41, strike "$165,100,384,289" and insert "$165,105,784,289".

Explanation:

(This amendment makes a technical change to general fund revenue to reflect a correction in the amounts assumed under federal tax conformity related to the charitable contribution deduction for non-itemizers. This technical change results in a $5.4 million revenue increase in FY 2023.)

Amendment 2: Add positions to support the Office of the Lieutenant Governor

Item 60

Language:

Page 40, line 35, strike “$408,926” and insert “$638,496”

Page 40, line 35, strike “$408,926” and insert “$638,496”

Page 40, line 44, strike “three” and insert “five”.

Explanation:

(This amendment provides funding and positions for two Special Assistants in the Office of the Lieutenant Governor.)

Amendment 3: Increase Base Pay

Item 61

Language:

Page 41, line 5, strike "$45,675,927" and insert "$47,175,927".

Page 41, line 5, strike "$46,568,110" and insert "$48,368,110".

Explanation:

(This amendment provides additional general fund appropriation for the Office of the Attorney General and Department of Law to implement base pay increases.)

Amendment 4: Provide inspection services for new and expanding meat processing facilities

Item 104

Language:

Page 89, line 2, strike "$12,827,094" and insert "$13,127,094".

Page 89, line 2, strike "$12,827,094" and insert "$13,127,094".

Page 89, line 5, strike "$4,617,661" and insert "$4,917,661".

Page 89, line 5, strike "$4,617,661" and insert "$4,917,661".

Page 89, after line 31, insert:

“D. Out of the amounts in this item, $150,000 the first year and $150,000 the second year from the general fund, $150,000 the first year and $150,000 the second year in federal funds, and three positions are provided for meat and poultry inspection activities.”

Explanation:

(This amendment provides $300,000 in general fund appropriation, $300,000 in federal appropriation, and three positions over the biennium to support additional meat and poultry inspection that will enable processing facilities that are expanding and upgrading to begin operations. This provides the necessary state match to receive federal funding that will support this program.)

Amendment 5: Increase administrative funding

Item 125

Language:

Page 114, line 47, strike "$47,004,192" and insert "$48,504,192".

Page 114, line 47, strike "$49,079,192" and insert "50,579,192".

Page 117, after line 35, insert:

“T. Out of this appropriation, $1,500,000 the first year and $1,500,000 the second year from the general fund is provided to support the administration of new and expanding programs.  This funding shall remain unallotted until authorized for allotment by the Secretary of Finance.”

Explanation:

(This amendment provides additional administrative funds to support new and expanding programs.)

Amendment 6: Expand Early Reading Specialists Initiative

Item 137

Language:

Page 149, line 33, strike "$9,770,313,087” and insert “$9,772,313,087”.

Page 149, line 33, strike "$9,234,167,746" and insert "$9,236,167,746".

Page 150, line 42, strike “$1,476,790             $1,476,790” and insert “$3,476,790               $3,476,790”.

Page 151, line 11, strike “1,824,488,727      $1,364,432,177” and insert “$1,826,488,727 $1,366,432,177”.

Page 184, line 9, strike “$1,476,790” and insert “$3,476,790”.

Page 184, line 9, strike “$1,476,790” and insert “$3,476,790”.

Page 184, line 22, after “specialist” insert “or reading coach”.

Page 184, line 24, after “specialists” insert “or reading coaches”.

Page 184, line 25, after “achievement.” insert: “Additionally, school divisions shall certify that the reading specialists or reading coaches hired pursuant to this program are in addition to the reading specialist positions funded through Basic Aid and required pursuant to B.7.h. of this Item to serve students at the qualifying school.”

Page 184, line 29, after “specialist.” insert: “Additionally, school divisions shall certify that the currently employed instructional school personnel whose tuition is supported pursuant to this program are in addition to the reading specialist positions funded through Basic Aid and required pursuant to.B.7.h. of this Item to serve students at the qualifying school.”

Explanation:

(This amendment expands the Early Reading Specialists Initiative to provide funding to additional schools that rank lowest statewide on the third grade reading Standards of Learning Assessment. Funds support the state share of an additional reading specialist, reading coach, or tuition for collegiate programs and instruction for currently employed instructional school personnel to earn the credentials necessary to meet licensure requirements to be endorsed as a reading specialist. These reading specialists are in addition to those required for all school divisions and funded through Basic Aid.)

Amendment 7: K-12 ARPA Pandemic Bonus Payment (Direct Aid)

Item 137

Language:

Page 190, line 4, strike “$124,673,566” and insert “$130,122,981”.

Page 190, line 7, after “positions” insert “and per Academic Year Governor’s School and Regional Alternative Education Program instructional and support position.”

Page 190, line 10, after “year.”, strike the remainder of the line.

Page 190, strike line 11.

Page 190, line 13, after “act.” insert “Sufficient funding is provided for the entire cost of an average $1,000 bonus per Academic Year Governor’s School and Regional Alternative Education Program instructional and support position based on fiscal year 2021 full-time equivalent position counts, as reported to the Department of Education.”

Explanation:

(This amendment reflects the Department of Education’s recalculated cost to provide a $1,000 bonus for funded SOQ instructional and support positions from the federal State and Local Recovery Fund pursuant to the American Rescue Plan Act of 2021 (ARPA), which includes funded SOQ instructional and support positions inadvertently omitted from the original calculation. Additionally, this amendment authorizes the ARPA pandemic bonus for Academic Year Governor’s School and Regional Alternative Education Program instructional and support positions.)

Amendment 8: Redirect financial aid to HBCUs (language only)

Item 142

Language:

Page 192, line 41, strike “$88,313,320” and insert “$90,813,320”.

Page 192, line 41, strike “$97,825,881” and insert “$100,325,881”.

Page 194, line 24, strike the first “$5,000” and insert “$7,500”.

Page 194, line 24, strike the second “$5,000” and insert “$7,500”.

Page 196, strike lines 52 through 57 and insert:

“K. Out of this appropriation, $2,500,000 the first year and $2,500,000 the second year from the general fund is designated to supplement in-state student financial assistance at Norfolk State University and Virginia State University. The State Council of Higher Education for Virginia shall transfer $1,250,000 the first year and $1,250,000 the second year to each institution.”

Page 197, strike lines 1 through 19.

Explanation:

(This amendment redirects funding from need-based financial assistance for students eligible under § 23.1-505.1, Code of Virginia, to increase financial assistance at Virginia Historically Black Colleges and Universities.)

Amendment 9: Promote Dialogue, Debate, Free Speech and Free Inquiry on College Campuses (language only)

Item 144

Language:

Page 201, after line 19, insert:

“U.1. As part of the biennial six-year financial plan required in the provisions of § 23.1-306, Code of Virginia, each public four-year institution of higher education, Richard Bland College, and the Virginia Community College System shall include in its six-year plan and amendments to its plan submitted to the State Council of Higher Education for Virginia (SCHEV) an official commitment and set of policies and practices to support freedom of expression and inquiry, free speech, academic freedom, and diversity of thought.

2. Each public four-year institution of higher education, Richard Bland College, and the Virginia Community College System shall also submit an annual report on freedom of expression and inquiry, free speech, academic freedom, and diversity of thought to the Secretary of Education, including related incidents and statistics from the prior academic year.”

Explanation:

(This amendment requires each public institution of higher education to adopt an official policy on academic freedom and to include its policy in its six-year plan and annual amendments.  It also requires annual reporting on free speech and expression.)

Amendment 10: Provide Funding for HBCU Innovation Center

Item 144

Language:

Page 198, line 14, strike “$23,160,355” and insert “$25,160,355”.

Page 201, after line 19, insert:

“U. Out of this appropriation, $2,000,000 the first year from the general fund is designated for the creation and support of an Innovation Center at a Historically Black College or University in the City of Richmond. The Director, State Council of Higher Education for Virginia, shall transfer this funding to the City of Richmond for costs associated with the Innovation Center.”

Explanation:

(This amendment provides funding for the City of Richmond to support an Innovation Center at an HBCU within its boundaries.)

Amendment 11: Support UVA Program on Constitutionalism and Democracy (language only)

Item 195

Language:

Page 233, after line 8, insert:

“P. Out of this appropriation, $2,000,000 the first year and $2,000,000 the second year from the general fund is designated for the university’s existing Program on Constitutionalism and Democracy.”

Explanation:

(This amendment directs existing general fund appropriation to support faculty hires and undergraduate teaching at the university’s existing Program on Constitutionalism and Democracy.)

Amendment 12: Add UVA-Wise Graduate Programs Authorization (language only)

Item 202

Language:

Page 236, after line 23, insert:

“G. Notwithstanding § 23.1-203(3) of the Code of Virginia, the escalation of the University of Virginia's College at Wise (the College) to offer master's level degree programs is approved.  Any new master's degree program proposed by the College shall be reviewed and approved or disapproved by the State Council of Higher Education for Virginia consistent with the Council's duties per § 23.1-203(5) of the Code of Virginia.”

Explanation:

(This amendment authorizes UVA-Wise to offer graduate programs.)

Amendment 13: Research ways to increase opportunities for K-12 students

Item 206

Language:

Page 237, line 19, strike “$717,652,872” and insert “$718,452,872”.

Page 237, line 19, strike “$718,071,872” and insert “$718,871,872”.

Page 240, line 15, after “Q.” insert “1.”

Page 240, after line 21, insert “2. Additionally, out of this appropriation $800,000 the first year and $800,000 the second year from the general fund is provided for the L. Douglas Wilder School of Government and Public Affairs at Virginia Commonwealth University to research ways to increase opportunities for K-12 students consistent with the “Guiding Principles for Virginia Education” in the Department of Education’s May 2022 report, “Our Commitment to Virginians: High Expectations and Excellence for All Students”. Virginia Commonwealth University shall submit a report to the Governor and the Secretary of Education on this research by June 30, 2023, and June 30, 2024.”

Explanation:

(This amendment provides additional funding each year of the biennium for the L. Douglas Wilder School of Government and Public Affairs at Virginia Commonwealth University to research ways to increase opportunities for K-12 students consistent with the “Guiding Principles for Virginia Education” in the Department of Education’s May 2022 report, “Our Commitment to Virginians: High Expectations and Excellence for All Students” and requires VCU to report on its research each year of the biennium.)

Amendment 14: Add funding for Hampton Roads Proton Beam Therapy Institute

Item 295

Language:

Page 323, line 57, strike “$25,932,423” and insert “$26,932,423”.

Page 323, line 57, strike “$24,015,423” and insert “$25,015,423”.

Page 327, line 53, strike the first “$571,750” and insert “$1,571,750”.

Page 327, line 53, strike the second “$571,750” and insert “$1,571,750”.

Explanation:

(This amendment adds funding for the Hampton Roads Proton Beam Therapy Institute at Hampton University to support efforts for proton therapy in the treatment of cancerous tumors with fewer side effects.)

Amendment 15: Allow transition period for production location changes by medical cannabis companies (language only)

Item 301

Language:

Page 331, line 24, before “Nurse” insert “A. ”

Page 331, after line 28, insert:

“B. Notwithstanding any other provision of this Act or any other provision of law, a pharmaceutical processor license shall permit such licensee to cultivate and manufacture out of a single establishment location, except that a cannabis establishment changing its cultivation and manufacturing location may operate at both the former and new location during the site transition process which shall last no more than the life of this Act. Prior to operating an additional cultivation and manufacturing establishment at a different location, a licensee shall be inspected by the Board of Pharmacy in accordance with this Act.”

Explanation:

(This amendment allows for a transition period when a company is changing locations for medical cannabis production.)

Amendment 16: Increase security positions at state-operated mental health facilities

Item 318

Language:

Page 387, line 26, strike “$121,350,114” and insert “$123,704,314”.

Page 387, line 26, strike “$169,355,496” and insert “$171,709,696”.

Page 388, after line 9, insert:

“E. Out of this appropriation, $2,354,200 the first year and $2,354,200 the second year from the general fund is provided for 36 additional security positions at state-operated mental health treatment centers.”

Explanation:

(This amendment adds funding for 36 additional security positions at state-operated mental health treatment facilities in order to improve patient and staff safety.)

Amendment 17: Provide funding for foster care and family support

Item 340

Language:

Page 398, line 16, strike “$52,975,425” and insert “$57,657,545”.

Page 399, after line 44, insert:

“K. Out of this appropriation, $291,060 the first year from the general fund and $291,060 the first year from nongeneral funds and five positions shall be provided to support the development of collaborative partnerships between local departments of social services to increase capacity to approve kinship caregivers and recruit, train, and develop locally approved foster parents.

L. 1. Out of this appropriation, $1,100,000 the first year from the general fund shall be provided to create an enhanced treatment foster care pilot program. This program will serve foster homes caring for high acuity children and provide participating foster families with an annual stipend of up to $45,000.

2. Out of the amounts in L.1., $200,000 the first year from the general fund shall be provided to foster care agencies to cover the costs of coordination, recruitment, and additional training.

M. Out of this appropriation, $3,000,000 the first year from the general fund shall be provided to support the initiatives of the Safe and Sound Task Force including community-based treatments, support for kinship, foster and adoptive families, and trauma-informed care for children in foster care who are displaced or who are at risk of being displaced.”

Explanation:

(This amendment is a recommendation from the Safe and Sound Task Force. It provides funding for five positions to collaborate with local departments to facilitate approval of kinship foster parents through engagement, assessment, and training of relatives when children enter foster care. Additionally, it creates a pilot program to facilitate family based placements for foster children at risk of being placed or placed in a congregate care setting. Lastly, this amendment provides funding to develop initiatives to support in-state placements for high acuity foster care children, in order to help prevent institutionalization for high acuity foster children. Funding and positions are provided in the first year only.)

Amendment 18: Amend CASA Welcome Center language

Item 347

Language:

Page 412, line 31, after “2027.”, insert:

“Funding shall not be distributed for this purpose until Fairfax County has consulted with and received approval from the Secretary of Health and Human Resources.”

Explanation:

(This amendment adds language to Item 347 AA. to require consultation and approval from the Secretary of Health and Human Resources before the funding can be distributed to Fairfax County.)

Amendment 19: Amend Earned-Sentence-Credit (language only)

Item 404

Language:

Page 460, line 51, after “R.” insert “1.”

Page 460, after line 54, insert:

“2. Notwithstanding the provisions of § 53.1-202.3, Code of Virginia, a maximum of 4.5 sentence credits may be earned for each 30 days served on a sentence that is concurrent with or consecutive to a sentence for a conviction of an offense enumerated in subsection A of § 53.1-202.3, Code of Virginia.”

Explanation:

(This amendment makes changes to the offense classifications that are eligible for the earned-sentence-credit structure set forth in House Bill 5148 and Senate Bill 5034 of the 2020 Special Session I.)

Amendment 20: Provide funding for amendment that may increase the need for prison bed space

Item 404

Language:

Page 458, line 19, strike "$193,189,083" and insert "$193,239,083".

Page 460, line 55, strike “$500,000” and insert “$550,000”

Page 461, after line 14, insert:

“11. Felonious picketing and demonstrations – $50,000.”   

Explanation:

(This amendment provides one-time general fund appropriation related to proposed legislation that creates a criminal penalty and may increase the need for prison bed space. The companion legislative enactment to this amendment is in Item 4-14.00.)

Amendment 21: Fund Safety Enhancements at Historically Black Colleges and Universities (HBCUs)

Item 408

Language:

Page 463, line 25, strike “$184,192,489” and insert “$188,192,489”

Page 469, after line 9, insert:

“S. To support campus safety and security initiatives at the Commonwealth’s Historically Black Colleges and Universities, $4,000,000 the first year from the general fund. Of this amount, $1,000,000 shall be provided to each of (i) Virginia State University, (ii) Norfolk State University, (iii) the City of Richmond in support of campus safety and security initiatives undertaken by Virginia Union University, and (iv) the City of Hampton in support of campus safety and security initiatives undertaken by Hampton University.”

Explanation:

(This amendment provides $4.0 million the first year from the general fund to support campus safety- and security-related activities at the Commonwealth’s Historically Black Colleges and Universities.)

Amendment 22: Provide funding to the families of victims of Bridgewater College shooting

Item 411

Language:

Page 470, line 22, strike “$4,334,670” and insert “$4,534,670”

Page 470, after line 28, insert:

“Out of the amounts appropriated for this item is $200,000 the first year from the general fund as one-time support to alleviate hardship expenses for the families of the two officers who lost their lives during the February 2022 Bridgewater College shooting incident.”

Explanation:

(This amendment provides one-time general fund support of $100,000 to the families of Campus Police Officer John Painter and Campus Safety Officer J.J. Jefferson to alleviate hardship expenses associated with the Bridgewater College shooting incident.)

Amendment 23: Add funding to support salary increases for probation and parole officers

Item 425

Language:

Page 479, line 2, strike the second “$69,178,106” and insert “$71,167,932”

Explanation:

(This amendment provides funding to support a salary increase of $3,000 annually for probation and parole officers beginning in the second year.)

Amendment 24: Add funding to support salary increases for corrections staff

Item 427

Language:

Page 481, line 3, strike “$76,028,354” and insert “$78,199,898”

Explanation:

(This amendment provides targeted salary adjustments for corrections staff, addresses compression issues for correctional officers in management roles, and provides competitive salaries consistent with other state supported correctional positions beginning in the second year.)

Amendment 25: Provide bonus payment for Conservation Police and Marine Police

Item 483

Language:

Page 525, line 16, strike “$330,989,734” and insert “$331,529,061”

Page 534, after Line 31 insert:

“Z.1 In addition to the amounts provided for compensation actions authorized in this Item, $539,327 the first year from the general fund shall be used to provide a one-time bonus payment of $3,000 on December 1, 2022 to all sworn law-enforcement employees of the Department of Conservation and Recreation and the Marine Resources Commission, who were employed on or before August 10, 2022 and remained employed until at least November 10, 2022.

2. Such employees shall receive the bonus payment authorized in this paragraph only if they have attained an equivalent rating of at least "Contributor" on their performance evaluation and have no active written notices under the Standards of Conduct within the preceding twelve-month period.”

Explanation:

(This amendment provides funding for a one-time bonus payment to sworn law-enforcement employees of the Department of Conservation and Recreation and the Marine Resources Commission. Law-enforcement personnel at other agencies received a similar bonus payment in the 2020-2022 biennium, but the law-enforcement employees of these agencies were not eligible.)

Amendment 26: Fund Executive Offices security and State Police threat assessment

Item 485

Language:

Page 535 line 46, strike “$15,050,000” and insert “$15,800,000”.

Page 538 after line 31 insert:

“M.1 Out of this appropriation, $500,000 the first year from the general fund is provided for supplemental security funding for the Office of the Lieutenant Governor and the Office of the Attorney General. The Secretary of Finance, in consultation with the Secretary of Public Safety and Homeland Security, may authorize the transfer of these amounts in consultation with the applicable agencies.

2. Out of this appropriation, $250,000 the first year from the general fund is provided for the Department of State Police to complete a comprehensive threat needs assessment of statewide officials. The Department shall submit a report on its findings to the Governor, the Chair of the House Appropriations Committee, the Chair of the Senate Finance and Appropriations Committee, and the Secretary of Public Safety and Homeland Security no later than October 15, 2022.”

Explanation:

(This amendment provides supplemental security funding for the Office of the Lieutenant Governor and the Office of the Attorney General, and one-time funding for the Department of State Police to conduct a threat needs assessment of statewide officials.)

Amendment 27: Adjust language for Temporary Nurse Aides (language only)

Item 486

Language:

Page 546, line 10, after “effect” insert “, and in the four-month period from the end of this waiver,”.

Explanation:

(This amendment clarifies that temporary nurse aides practicing in long term care facilities under the federal Public Health Emergency 1135 waiver may be deemed eligible by the Board of Nursing while this waiver is in effect, and in the four-month period from the end of this waiver, to take the National Nurse Aide Assessment Program examination upon submission of a completed application, the employer’s written verification of competency and employment as a temporary nurse aide, and provided no other grounds exist under Virginia law to deny the application.)

Amendment 28: Update K-12 ARPA Pandemic Bonus Payment Amounts

Item 486                                                                                     

Language:

Page 538, line 32, strike “$1,048,194,969” and insert “$1,053,644,384”.

Page 538, line 35, strike “$896,572,783” and insert “$902,022,198”.

Page 544, line 22, strike “$124,673,566” and insert “$130,122,981”.

Page 544, line 24, after “positions” insert “and for Academic Year Governor’s School and Regional Alternative Education Program instructional and support positions”.

Page 544, line 26, after “positions” insert “and Academic Year Governor’s School and Regional Alternative Education Program instructional and support positions”.

Explanation:

(This amendment reflects the Department of Education’s recalculated cost to provide a $1,000 bonus for funded SOQ and instructional and support positions from the federal State and Local Recovery Fund pursuant to the American Rescue Plan Act of 2021 (ARPA), which includes funded SOQ instructional and support positions inadvertently omitted from the original calculation. Additionally, this amendment authorizes the ARPA pandemic bonus for Academic Year Governor’s School and Regional Alternative Education Program instructional and support positions.)

Amendment 29: Remove change in Education Improvement Scholarship Tax Credit cap (language only)

Item 3-5.20   

Language:

Page 601, strike lines 39 and 40.

Page 601 line 41, strike “D.” and insert “C.”

Explanation:

(This amendment removes the reduction in the Education Improvement Scholarship tax credit cap but keeps the increase in the Neighborhood Assistance Act tax credit.)

Amendment 30: Restriction on Taxpayer Funding for Abortion Services (language only)

Item 4-5.04

Language:

Page 633, line 16, after “SERVICES: ” insert “Notwithstanding any other provision of this Act or any other provision of law,”.

Page 633, line 16, strike “No” and insert “no”.

Page 633, line 17, strike “or state statute”.

Explanation:

(This amendment prohibits any funding in the budget from being used for abortion services unless otherwise required by federal law.)

Amendment 31: Amend gas and diesel tax Code to provide for three month suspension

Item 4-14.00 

Language:

Page 675, after line 51 insert:

“19. That § 58.1-2217 of the Code of Virginia is amended and reenacted as follows:

§ 58.1-2217. Taxes levied; rate.

A. (For contingent expiration date, see Acts 2020, cc. 1230 and 1275) There is hereby levied an excise tax on gasoline and gasohol as follows:

1. On and after July 1, 2020, but before July 1, 2021, the rate shall be 21.2 cents per gallon;

2. On and after July 1, 2021, but before July 1, 2022, the rate shall be 26.2 cents per gallon; and

3. On and after July 1, 2022, the rate shall be adjusted annually based on the greater of (i) the change, not to exceed two percent, in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics for the U.S. Department of Labor for the previous year or (ii) zero.

A. (For contingent effective date, see Acts 2020, cc. 1230 and 1275) There is hereby levied an excise tax on gasoline and gasohol at a rate of 16.2 cents per gallon.

B. (For contingent expiration date, see Acts 2020, cc. 1230 and 1275) There is hereby levied an excise tax on diesel fuel as follows:

1. On and after July 1, 2020, but before July 1, 2021, the rate shall be 20.2 cents per gallon;

2. On and after July 1, 2021, but before July 1, 2022, the rate shall be 27 cents per gallon; and

3. On and after July 1, 2022, the rate shall be adjusted annually based on the greater of (i) the change, not to exceed two percent, in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics for the U.S. Department of Labor for the previous year or (ii) zero.

B. (For contingent effective date, see Acts 2020, cc. 1230 and 1275) There is hereby levied an excise tax on diesel fuel at a rate of 20.2 cents per gallon.

C. Blended fuel that contains gasoline shall be taxed at the rate levied on gasoline. Blended fuel that contains diesel fuel shall be taxed at the rate levied on diesel fuel.

D. There is hereby levied a tax at the rate of five cents per gallon on aviation gasoline. Any person, whether or not licensed under this chapter, who uses, acquires for use, sells or delivers for use in highway vehicles any aviation gasoline shall be liable for the tax at the rate levied on gasoline and gasohol, along with any penalties and interest that may accrue.

E. There is hereby levied a tax at the rate of five cents per gallon on aviation jet fuel purchased or acquired for use by a user of aviation fuel other than an aviation consumer. There is hereby levied a tax at the rate of five cents per gallon upon the first 100,000 gallons of aviation jet fuel, excluding bonded aviation jet fuel, purchased or acquired for use by any aviation consumer in any fiscal year. There is hereby levied a tax at the rate of one-half cent per gallon on all aviation jet fuel, excluding bonded aviation jet fuel, purchased or acquired for use by an aviation consumer in excess of 100,000 gallons in any fiscal year. Any person, whether or not licensed under this chapter, who uses, acquires for use, sells or delivers for use in highway vehicles any aviation jet fuel taxable under this chapter shall be liable for the tax imposed at the rate levied on diesel fuel, along with any penalties and interest that may accrue.

F. In accordance with § 62.1-44.34:13, a storage tank fee is imposed on each gallon of gasoline, aviation gasoline, diesel fuel (including dyed diesel fuel), blended fuel, and heating oil sold and delivered or used in the Commonwealth.

20. That notwithstanding the provisions of § 58.1-2217 of the Code of Virginia, as amended by this act, the tax rate imposed pursuant to subsections A and B, as they are currently effective, of § 58.1-2217 of the Code of Virginia, as amended by this act, shall be reduced by (i) 100 percent for the period beginning July 1, 2022 through September 30, 2022.”

Page 675, line 52, strike “19.” and insert “21.”.

Page 676 line 1, strike “20.” and insert “22.”.

Page 676 line 2, strike “21.” and insert “23.”.

Page 676 line 1, strike “first enactment” and insert “first and twentieth enactments”.

Page 676 line 3, strike “ and eighteenth” and insert “, eighteenth, and nineteenth”.

Explanation:

(This amendment adds enactment clauses to the budget that amends and reenacts § 58.1-2217 of the Code of Virginia to restrict increases in the gasoline and diesel fuels taxes to two percent annually and suspends the state-wide taxes on the wholesale distribution of gasoline and diesel fuel from July 1, 2022, through September 30, 2022.)

Amendment 32: Bail Presumption

Item 4-14.00 

Language:

Page 675, after line 51, insert:

 “19. That §§ 19.2-120 and 19.2-124 of the Code of Virginia are amended as follows:

§ 19.2-120. Admission to bail.

Prior to conducting any hearing on the issue of bail, release or detention, the judicial officers shall, to the extent feasible, obtain the person's criminal history.

A. A person who is held in custody pending trial or hearing for an offense, civil or criminal

contempt, or otherwise shall be admitted to bail by a judicial officer, unless there is probable cause to believe that:

1. He will not appear for trial or hearing or at such other time and place as may be directed, or

2. His liberty will constitute an unreasonable danger to himself, family or household members as

defined in § 16.1-228, or the public.

B. In making a determination under subsection A, the judicial officer shall consider all relevant

information, including (i) the nature and circumstances of the offense; (ii) whether a firearm is alleged to have been used in the commission of the offense; (iii) the weight of the evidence; (iv) the history of the accused or juvenile, including his family ties or involvement in employment, education, or medical, mental health, or substance abuse treatment; (v) his length of residence in, or other ties to, the community; (vi) his record of convictions; (vii) his appearance at court proceedings or flight to avoid prosecution or convictions for failure to appear at court proceedings; and (viii) whether the person is likely to obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness, juror, victim, or family or household member as defined in § 16.1-228.

C. The judicial officer shall presume, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public if the person is currently charged with:

1. An act of violence as defined in § 19.2-297.1;

2. An offense for which the maximum sentence is life imprisonment; or

3. Any felony committed while the person is on release pending trial for a prior felony under federal or state law or on release pending imposition or execution of sentence or appeal of sentence or conviction.

D. For a person who is charged with an offense giving rise to a rebuttable presumption against bail, any judicial officer may set or admit such person to bail in accordance with this section.

E. The judicial officer shall consider the factors listed in subsection B and such others as it deems appropriate in determining, for the purpose of rebuttal of the presumption against bail described in subsection C, whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of the public.

F. The judicial officer shall inform the person of his right to appeal from the order denying bail or fixing terms of bond or recognizance consistent with § 19.2-124.

D. G. If the judicial officer sets a secured bond and the person engages the services of a licensed bail bondsman, the magistrate executing recognizance for the accused shall provide the bondsman, upon request, with a copy of the person's Virginia criminal history record, if readily available, to be used by the bondsman only to determine appropriate reporting requirements to impose upon the accused upon his release. The bondsman shall pay a $15 fee payable to the state treasury to be credited to the Literary Fund, upon requesting the defendant's Virginia criminal history record issued pursuant to § 19.2-389. The bondsman shall review the record on the premises and promptly return the record to the magistrate after reviewing it.

§ 19.2-124. Appeal from bail, bond, or recognizance order.

A. If a judicial officer denies bail to a person, requires excessive bond, or fixes unreasonable terms of a recognizance under this article, the person may appeal the decision of the judicial officer.

If the initial bail decision on a charge brought by a warrant or district court capias is made by a magistrate, clerk, or deputy clerk, the person shall first appeal to the district court in which the case is pending.

If the initial bail decision on a charge brought by direct indictment or presentment or circuit court capias is made by a magistrate, clerk, or deputy clerk, the person shall first appeal to the circuit court in which the case is pending.

If the appeal of an initial bail decision is taken on any charge originally pending in a district court after that charge has been appealed, certified, or transferred to a circuit court, the person shall first appeal to the circuit court in which the case is pending.

Any bail decision made by a judge of a court may be appealed successively by the person to the next higher court, up to and including the Supreme Court of Virginia, where permitted by law.

The bail decision of the higher court on such appeal, unless the higher court orders otherwise, shall be remanded to the court in which the case is pending for enforcement and modification. The court in which the case is pending shall not modify the bail decision of the higher court, except upon a change in the circumstances subsequent to the decision of the higher court.

B. The attorney for the Commonwealth may appeal a bail, bond, or recognizance decision to the same court to which the accused person is required to appeal under subsection A.

C. The In a matter not governed by subsection C of § 19.2-120, the court granting or denying such bail may, upon appeal thereof, and for good cause shown, stay execution of such order for so long as reasonably practicable for the party to obtain an expedited hearing before the next higher court. When a district court grants bail over the presumption against bail in a matter that is governed by subsection C § 19.2-120and upon notice by the Commonwealth of its appeal of the court's decision, the court shall stay execution of such order for so long as reasonably practical for the Commonwealth to obtain an expedited hearing before the circuit court, but in no event more than five days, unless the defendant requests a hearing date outside the five-day limit.

No such stay under this subsection may be granted after any person who has been granted bail has been released from custody on such bail.

D. No filing or service fees shall be assessed or collected for any appeal taken pursuant to this section.”

Page 675, line 52, strike “19.” and insert “20.”.

Page 676 line 1, strike “20.” and insert “21.”.

Page 676 line 2, strike “21.” and insert “22.”.

Page 676 line 3, strike “ and eighteenth” and insert “, eighteenth, and nineteenth”.

Explanation:

(This amendment creates a rebuttable presumption against bail for certain criminal offenses.)

Amendment 33: Expand number of entities eligible to participate as College Partnership Laboratory School

Item 4-14.00

Language:

Page 675, after line 51, insert:

“19. That § 22.1-349.1 of the Code of Virginia is amended and reenacted as follows:

§ 22.1-349.1. Definitions; objectives.

A. As used in this chapter, unless the context requires a different meaning:

"At-risk student" means a student having a physical, emotional, intellectual, socioeconomic, or cultural risk factor, as defined in Board criteria, that research indicates may negatively influence educational success.

"College partnership laboratory school" means a public, nonsectarian, nonreligious school in the Commonwealth established by a public institution of higher education or private institution of ;public higher education that operates a teacher education program approved by the Board  center, institute, or authority; or an eligible institution as defined in § 23.1-628. Notwithstanding the provisions of § 22.1-349.5, a public institution of higher education; a public higher education center, institute, or authority; or an eligible institution as defined in § 23.1-628 may submit an application for formation of a college partnership laboratory school.

"Governing board" means the board of a college partnership laboratory school that is responsible for creating, managing, and operating the college partnership laboratory school and whose members have been selected by the institution of higher education that establishes the college partnership laboratory school. The governing board shall be under the control of the institution of higher education that establishes the college partnership laboratory school.

B. College partnership laboratory schools may be established as provided in this chapter to (i) stimulate the development of innovative programs for preschool through grade 12 students; (ii) provide opportunities for innovative instruction and assessment; (iii) provide teachers with a vehicle for establishing schools with alternative innovative instruction and school scheduling, management, and structure; (iv) encourage the use of performance-based educational programs; (v) establish high standards for both teachers and administrators; (vi) encourage greater collaboration between education providers from preschool to the postsecondary level; and (vii) develop models for replication in other public schools.

Page 675, line 52, strike “19” and insert “20”.

Page 676, line 1, strike “20” and insert “21”.

Page 676, line 2, strike “21” and insert “22”.

Page 676, line 3, strike “and ”.

Page 676, line 3, after “eighteenth” insert “, and nineteenth”.

Explanation:

(This amendment expands lab school eligibility to public community colleges; public higher education centers, institutes, and authorities; and institutions of higher education eligible for the Tuition Assistance Grant Program.)

Amendment 34: College Partnership Laboratory Schools - Funding

Item 4-14.00

Language:

Page 675, after line 51, insert:

“19. That § 22.1-349.10 of the Code of Virginia is amended and reenacted as follows:

                             § 22.1-349.10. Funding of college partnership laboratory schools.

           A. Each college partnership laboratory school shall receive such funds as may be appropriated by the General Assembly in accordance with the general appropriation act.

           B. The governing board of a college partnership laboratory school may accept gifts, donations, or grants of any kind and spend such funds in accordance with the conditions prescribed by the donor. However, no gift, donation, or grant shall be accepted by the governing board of a college partnership laboratory school if the conditions for such funds are contrary to law or the terms of the agreement between the Board and the college partnership laboratory school.

            C. Notwithstanding any other provision of law, the proportionate share of state and federal resources allocated for students with disabilities and school personnel assigned to special education programs shall be directed to college partnership laboratory schools enrolling such students. The proportionate share of moneys allocated under other federal or state categorical aid programs shall be directed to college partnership laboratory schools serving students eligible for such aid.

             D. College partnership laboratory schools are eligible to apply for and receive any federal or state funds otherwise allocated for college partnership laboratory schools.

             E. The collection of any tuition, room and board, and other educational and related fees from students enrolled at a college partnership laboratory school shall comply with Board regulations and shall be credited to the account of such school.

             F. Each college partnership laboratory school is eligible to apply for and receive available funds from the College Partnership Laboratory School Fund and the institution of higher education that establishes the school.

             G. For the purposes of calculating average daily membership pursuant to § 22.1-253.13:2 and distribution of state funding, a student enrolled at a college partnership laboratory school shall be considered a student of the college partnership laboratory school and state funding for Standards of Quality (SOQ), Categorical, Incentive, and Lottery programs that are calculated using fall membership, March 31 average, and all other student record collections shall be distributed accordingly. Additionally, based on eligibility as determined by the Department of Education, such school shall receive the proportionate state share of all applicable Categorical, Incentive, and Lottery program funds appropriated for public school purposes. The Board may disburse from the College Partnership Laboratory School Fund to a college partnership laboratory school an amount equal to the amount of local funding that such school would receive based upon its average daily membership.

          H. Notwithstanding the provisions of subsection G, if the local school board of the school division in which the college partnership laboratory school is located enters into a memorandum of understanding with the college partnership laboratory school, such memorandum of understanding may determine the formula by which local, state, and federal funding is distributed between the college partnership laboratory school and the school division in which the college partnership laboratory school is located.”

Page 675, line 52, strike “19” and insert “20”.

Page 676, line 1, strike “20” and insert “21”.

Page 676, line 2, strike “21” and insert “22”.

Page 676, line 3, strike “and ”.

Page 676, line 3, after “eighteenth” insert “, and nineteenth”.

Explanation:

(This amendment adds an enactment clause to the budget that amends and reenacts § 22.1-349.10 of the Code of Virginia to add language directing students of college partnership laboratory schools to be counted in average daily membership and for state funding for Standards of Quality (SOQ), Categorical, Incentive, and Lottery programs that are calculated membership, to be distributed accordingly as well as the proportionate state share of all applicable Categorical, Incentive, and Lottery program funds, as eligible. The amendment also adds language that allows local schools divisions and laboratory schools to enter into a memorandum of understanding to determine the formula by which funding is distributed.)

Amendment 35: Felonious picketing and demonstrations

Item 4-14.00 

Language:

Page 675, after line 51 insert:

“19. That the Code of Virginia is amended by adding in Article 4 of Chapter 9 of Title 18.2 a section numbered 18.2-419.1 as follows:

§ 18.2-419.1. Unlawful picketing or parading.

Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing or intimidating in the discharge of his or her duty any judge, juror, witness, court officer, or court employee, of any court of the Commonwealth or of the United States or any U.S. state or territory, pickets or parades in or near a building housing a court of the Commonwealth or of the United States, or in or near a building or residence occupied or used by such judge, juror, witness, court officer, or court employee, or any immediate family member of such judge, juror, witness, court officer, or court employee, or with such intent uses any sound-truck, bullhorn, or similar device, or resorts to any other demonstration of any kind in or near any such building or residence, whether or not such building or residence is occupied or believed to be occupied at the time that the picket, parade, or other demonstration takes place, is guilty of a Class 6 felony.”

Page 675, line 52 strike "19." and insert "20."

Page 676, line 1 strike "20." and insert "21."

Page 676, line 2 strike "21." and insert "22."

Page 676, line 3 strike "and eighteenth" and insert "eighteenth, and nineteenth"

Explanation:

(This amendment creates a Class 6 felony for picketing or demonstrating in or near a court or residence with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing or intimidating in the discharge of his or her duty any judge, juror, witness, court officer, or court employee, or any immediate family member of such individuals. A companion amendment to Item 404 in the Department of Corrections provides funding for the potential increase in prison bed space associated with creating a new felony. )