2006 Code of Virginia § 23-38.90 - Memoranda of understanding

23-38.90. Memoranda of understanding.

A. 1. The Governor shall recommend to the General Assembly an operationalarea or areas in addition to decentralization programs in finance and capitaloutlay established as of June 30, 2005, under which public institutions ofhigher education may seek to enter into a memorandum of understanding withthe Commonwealth. In submitting "The Budget Bill" for calendar year 2005pursuant to subsection A of 2.2-1509, the Governor shall includeeligibility criteria for each operational area along with the functionalauthority that could be granted in each area. In each operational area, thefunctional authority granted through a memorandum of understanding shall notexceed the level of autonomy permitted under Subchapter 3 ( 23-38.91 etseq.) of this chapter.

2. Effective July 1, 2006, any public institution of higher education mayenter into a memorandum of understanding with the appropriate CabinetSecretary or Secretaries, as designated by the Governor, for additionaloperational authority in any operational area or areas adopted by the GeneralAssembly in accordance with subdivision A 1 provided that the authoritygranted in the memorandum of understanding is consistent with thatinstitution's ability to manage its operations in the particular area orareas.

B. Within 15 days of receipt of a request from a public institution of highereducation to enter into a memorandum of understanding pursuant to subsectionA, the Cabinet Secretary or Secretaries receiving that request shall notifythe Chairmen of the House Committee on Appropriations and the SenateCommittee on Finance of the request. The Cabinet Secretary or Secretariesshall determine within 90 calendar days whether or not to enter into therequested memorandum of understanding, or some variation thereof. If thedetermination is to enter into a memorandum of understanding with theinstitution, the Cabinet Secretary or Secretaries shall forward a copy of thememorandum of understanding to the Chairmen of the House Committee onAppropriations and the Senate Committee on Finance. If the determination isnot to enter into a memorandum of understanding with the institution, theCabinet Secretary or Secretaries shall notify the Chairmen of the HouseCommittee on Appropriations and the Senate Committee on Finance of thereasons for denying the institution's request. If an institution's request isdenied, nothing in this subsection shall prohibit the institution fromsubmitting a future request to enter into a memorandum of understandingpursuant to subsection A of this section.

(2005, cc. 933, 945.)