                                 CODE OF VIRGINIA

GOVERNOR TO REPORT TO THE GENERAL ASSEMBLY (§ 2.2-619)

A. The Governor shall report to the General Assembly regarding the proposed
implementation of this section.

B. If any state program is authorized or mandated by a federal statute, no state
funds for the program shall be appropriated unless:

   1. The state program is necessary to protect the public health, safety, and
   welfare;

   2. The state program is necessary to implement the federal statute;

   3. The operation of the state program benefits the state by providing a
   cost-effective implementation of the federal statute by the Commonwealth,
   local government, and business; or

   4. The state program benefits the Commonwealth, local government, and business
   by providing a cost-effective means to meet a higher public health, safety,
   and welfare standard established under state law.

C. Each agency making a budget request for state appropriations for a state
program authorized or mandated by federal statute shall include in its budget
request citations to the federal constitutional provisions and the state
constitutional or statutory provisions that authorize the state program. The
Governor shall review the budget request and determine whether additional state
statutory authority is required in order to implement the state program and
shall make recommendations to the General Assembly.

D. The General Assembly, after receiving a recommendation from the Governor,
shall determine whether a state program is necessary and whether federal
constitutional authority and state constitutional or statutory authority exist.
The General Assembly shall review toward the interpretation of the federal
statute found in federal regulations, guidelines, or policies. Appropriation of
state funds for a state program shall constitute the General Assembly&#8217;s
determination that the state program is necessary and that federal
constitutional authority and state constitutional or statutory authority exist.
State appropriations may not be based solely on requirements found in
regulations, guidelines, or policies of a federal agency.

E. Prior to recommending to the General Assembly any budget for an agency that
is charged with implementing federal mandates, the Governor shall request that
the agency provide information to the Department of Planning and Budget
regarding any monetary savings for the state and any reduction in regulatory
burdens on the public and on local governments that could be or have been
achieved through the development of state policies that meet the intent of the
federal statute but do not necessarily follow all applicable federal
regulations, guidelines, or policies. The agency shall also provide advice to
the Department of Planning and Budget regarding any changes in law that are
necessary to provide the agency with the authority to implement state policies
in such a way as to create additional savings or greater reductions in
regulatory burdens. The Department of Planning and Budget shall review and
compile the information received from agencies pursuant to this section and
shall include recommendations in the executive budget.

F. For purposes of this section, &#8220;state program&#8221; shall not include
any portion of a program that is funded with nontax or nonfee revenue, or both,
which state authorities are required to administer in a trusteeship or custodial
capacity and that are not subject to appropriation by the General Assembly.

HISTORY: 1995, c. 604, § 2.1-799; 2001, c. 844.