GOVERNORVol. 26 Iss. 4 - October 26, 2009
GOVERNOR
EXECUTIVE ORDER NUMBER 91 (2009)
DESIGNATING THE GOVERNOR'S WORKING GROUP ON EARLY CHILDHOOD INITIATIVES AS VIRGINIA'S EARLY CHILDHOOD ADVISORY COUNCIL
The Improving Head Start for School Readiness Act of 2007 requires that the Governor of each state designate an existing entity, or create a new entity, to serve as the state's Advisory Council on Early Childhood Education and Care to improve the quality, availability, and coordination of services for children from birth to school entry. By virtue of the authority vested in me by Article V of the Constitution of Virginia and Section 2.2-134 of the Code of Virginia, I hereby create the Virginia's Early Childhood Advisory Council, in full recognition of the Commonwealth's commitment to creating a seamless continuum of services and resources for young children as their families support and nurture them through a profoundly fertile period of growth and development in the first few years of life. The Early Childhood Advisory Council succeeds the Governor's Working Group on Early Childhood Initiatives, established by Executive Directive in 2006.
The Council
Council activities shall be coordinated by the director of the Office of Early Childhood Development, with the Secretary of Education serving as chair and the President of the Virginia Early Childhood Foundation serving as co-chair. Members are appointed by the Governor and serve at his pleasure. The Council consists of the following members: the Secretaries of Commerce and Trade, Health and Human Resources, and Finance; the Governor's policy director; the state Superintendent of Instruction; Commissioners of the Departments of Social Services, Health, Behavioral Health and Rehabilitative Services, and Medical Assistance Services; director of the State Council Higher Education; chancellor of the Virginia Community College System; the director of the Virginia Economic Development Partnership; the director of the state Head Start Collaboration office; a member of the state board of education; a local school division superintendent; a representative of local providers of early childhood education; and the director of a Virginia Head Start agency; and other members as appointed by the Governor.
The Council's activities will complement and coordinate with existing efforts such as the work of the Office of Early Childhood Development, the P-16 Council, and the Virginia Early Childhood Foundation. The Council's efforts will be supported by the work of subcommittees, as determined by the chair, dedicated to specific focus areas.
The Council's responsibilities shall include the following:
1. Lead implementation of the objectives of Virginia's Plan for Smart Beginnings.
2. Conduct a biennial progress report on school readiness in Virginia. The report should include:
a. performance data indicating the effectiveness and availability of early childhood programs and services for children from birth to school entry, as outlined in Virginia's Plan for Smart Beginnings,
b. an assessment of need concerning the quality and availability of early childhood programs and services for children from birth to school entry including an assessment of the availability of high-quality preschool services for low-income children in the Commonwealth,
c. a summary of recent reports, research and resources supporting school readiness in the Commonwealth.
3. Identify opportunities for, and barriers to, collaboration and coordination among Federally-funded and State-funded programs and services for young children, including collaboration and coordination among State agencies responsible for administering such programs.
4. Develop recommendations for increasing the overall participation of children in existing Federal, State, and local early childhood programs, including outreach to underrepresented and special populations.
5. Develop recommendations regarding the establishment of a unified data-driven evaluation system for public early childhood programs and services throughout the Commonwealth.
6. Develop recommendations regarding statewide professional development and career advancement plans for the early childhood workforce in the Commonwealth.
7. Assess the capacity and effectiveness of 2- and 4-year public and private institutions of higher education toward supporting the development of the early childhood workforce, including the extent to which such institutions have in place articulation agreements, professional development and career advancement plans, and practice or internships for students to spend time in Head Start or preschool programs.
8. Meet quarterly, or at the call of the Chair, and on a regular basis, review any implementation of recommendations in the report and address changes in state and local needs.
Council Staffing and Funding
Necessary staff support for the Council's work during its existence shall be furnished by the Office of Early Childhood Development, the Virginia Early Childhood Foundation, and such other agencies and offices as designated by the Governor.
Necessary funding to support the Council and its staff shall be provided from federal funds, private contributions, and state funds appropriated for the same purposes as the Council, as authorized by Section 2.2-135 of the Code of Virginia.
Council members shall serve without compensation and may receive reimbursement for expenses incurred in the discharge of their official duties.
This Executive Order will remain in effect until December 31, 2011.
Given under my hand and under the Seal of the Commonwealth of Virginia, this 23rd day of September 2009.
/s/ Timothy M. Kaine
Governor
EXECUTIVE ORDER NUMBER 92 (2009)
DIRECTING THE DIVISION OF CONSOLIDATED LABORATORY SERVICES OF THE DEPARTMENT OF GENERAL SERVICES TO ACCEPT AND STORE PHYSICAL EVIDENCE RECOVERY KITS RECEIVED FROM HEALTH CARE PROVIDERS
Importance of the Issue
Under Section B of § 19.2-165.1 of the Code of Virginia, "victims complaining of sexual assault shall not be required to participate in the criminal justice system or cooperate with law-enforcement authorities in order to be provided with such forensic medical exams."
Currently, there is a lack of clarity regarding the steps to be taken following a forensic medical examination in an instance where evidence is collected from an alleged victim but that victim is not yet prepared to release personal identifying information to law enforcement.
Law enforcement is not required by the Code of Virginia to accept responsibility for the receipt, transport, and/or storage of evidence without a report from the complainant. Health care providers are not equipped to accept the responsibility to store the evidence in a manner that preserves chain of custody and assures that it can be used in any future prosecution.
The Commonwealth is in a position to help resolve this situation and better facilitate the protection of the privacy rights of sexual assault victims and the preservation of vital evidence in the prosecution of a serious crime by providing a secure process for the acceptance and storage of physical evidence recovery kits (PERK) of alleged sexual assault victims.
Direction to the Division of Consolidated Laboratory Services
Accordingly, by virtue of the authority vested in me as Governor under Article V of the Constitution and the laws of the Commonwealth, including but not limited to Chapter 1 of Title 2.2 of the Code of Virginia, and subject always to my continuing and ultimate authority and responsibility to act in such matters, I hereby direct the Division of Consolidated Laboratory Services of the Department of General Services to accept and store evidence from Physical Evidence Recovery Kits (PERK) received from health care providers provided that:
1) the PERK examinations have been conducted by a health care provider on victims complaining of sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2;
2) the health care provider has sent the PERK to the Division of Consolidated Laboratory Services by certified mail or other method of delivery approved by the Division that meets chain of custody requirements;
3) the unique PERK number found within the kit is placed on the outside of the PERK and the name of the alleged victim appears on the inside of the PERK. The name of the alleged victim is not disclosed by the Consolidated Lab without the alleged victim's express written consent in advance and the Consolidated Lab meets all federal HIPAA requirements in regard to patient confidentiality;
4) the health care provider may include the actual costs of delivery to the Division as a medical fee incurred in gathering evidence as authorized by Section 19.2-165.1 of the Code of Virginia;
5) if law enforcement and/or an Attorney for the Commonwealth does not inform the Division of Consolidated Laboratory Services in writing within 120 days of the receipt of the PERK kit by the Division that the alleged victim has proceeded with a report to law enforcement, the Division shall dispose of the PERK.
This Executive Order shall be effective September 30, 2009 and shall remain in full force and effect unless amended or rescinded by further executive order.
Given under my hand and under the Seal of the Commonwealth of Virginia this 28th day of September 2009.
/s/ Timothy M. Kaine
Governor
EXECUTIVE ORDER NUMBER 93 (2009)
ESTABLISHING VIRGINIA'S SEXUAL AND DOMESTIC VIOLENCE WORKGROUP
Importance of the Issue
Each year, Virginians are victims of sexual and domestic violence. In 2007 alone, 5,317 victims reported crimes involving forcible sexual violence to law enforcement, almost three quarters of which involved non-stranger offenses. That this number does not reflect the full picture of the amount of sexual violence in Virginia, however, is revealed by the fact that, of those who sought sexual violence crisis services, only half said that they reported the incident to law enforcement.
More than 38,000 people made calls to hotlines operated by Virginia Sexual and Domestic Violence Agencies in 2007. As of October 2008, there were more than 15,000 protective orders in effect in Virginia, a rate of 217 Orders per 100,000 people. Another 1,200 protective orders had been issued but not served.
Finally, it is a grim fact that 20% of the homicides in Virginia between 1999 and 2007 were homicides involving intimate partners. These homicides represent a total of 802 preventable deaths.
To make Virginia's citizens, communities and families safe, it is appropriate that the state government marshal all appropriate resources to combat, reduce and prevent sexual and domestic violence in the Commonwealth.
Virginia's Sexual and Domestic Violence Work Group
Since 1995, the Department of Criminal Justice Services and the Virginia Sexual and Domestic Violence Action Alliance (Action Alliance) have worked as partners addressing violence against women issues as participants in the Virginia Services, Training, Officers and Prosecution (STOP) State Planning Team.
In 1999, the Office of the Chief Medical Examiner and the Office of the Executive Secretary joined this effort as members of the State Planning Team and partners on a grant to study domestic violence arrest policies and protective orders and to develop a protocol on intimate partner fatality review. In 2005, the Virginia State Police joined the state collaboration with a focus on the Virginia Criminal Information Network (VCIN) registry. In 2007, the Office of the Attorney General joined the partnership to encourage the involvement of prosecutors and other law enforcement personnel in the project.
Currently a $1.26 million two-year competitive Grant to Encourage Arrest and the Enforcement of Protective Orders (GEAP) from the U.S. Department of Justice, Office on Violence Against Women, supports this collaborative partnership. Work funded by this grant has revealed the critical need to continue a coordinated approach and collaborative effort to addressing issues of sexual and domestic violence across the Commonwealth. In addition, the findings and recommendations of the Governor's Commission on Sexual Violence remain to be fully communicated and implemented across the Commonwealth.
Accordingly, I hereby establish the Virginia Sexual and Domestic Violence Workgroup, to build on the work of the GEAP partnership and the Commission on Sexual Violence and to promote ongoing collaboration among and between relevant state agencies and private sector partners involved in sexual and domestic violence reduction, enforcement and prevention efforts.
Composition of the Workgroup
Virginia's Sexual and Domestic Violence Work Group will be co-chaired by the head of the Department of Criminal Justice Services (or his or her designee) and a representative of a participating private sector organization chosen by the members of the work group.
Recognizing that developing and implementing an effective statewide and community response to sexual and domestic violence encompasses the work of many state agencies, this workgroup shall consist of appropriate designees from the following agencies:
· The Department of Criminal Justice Services
· The Department of Health, Office of the Chief Medical Examiner
· The Department of Juvenile Justice
· The Department of Social Services
· The Department of State Police
In addition, representatives from the Office of the Attorney General, Commonwealth's Attorneys' Services Council, Office of the Executive Secretary of the Supreme Court of Virginia, Virginia Association of Commonwealth's Attorneys, Virginia Chapter of the International Association of Forensic Nurse Examiners, the Virginia Association of Chiefs of Police, the Virginia Sheriffs' Association, the Virginia Poverty Law Center, the Victim-Witness Network, the Virginia Community Criminal Justice Association, the Criminal Injuries Compensation Fund and the Virginia Sexual and Domestic Violence Action Alliance shall be invited to participate in the Workgroup. Additional members may be appointed at the Governor's discretion.
Staff support for the workgroup will be provided by the Department of Criminal Justice Services, the Governor's Office and such other agencies as may be designated by the Governor. All agencies of the Commonwealth will cooperate fully with the workgroup and offer support as requested.
Duties of the Workgroup
The specific objectives of Virginia's Sexual and Domestic Violence Workgroup are to:
1. Establish a central source of information, tools and resources that can be used by communities to improve the response to domestic and sexual violence.
2. Support training for criminal justice system professionals, promoting a consistent and effective response to sexual and domestic violence.
3. Increase the number of Virginia communities supporting intimate partner violence fatality review teams.
4. Increase the number of Virginia communities supporting Sexual Assault Response Teams.
5. Increase the number of Virginia courts utilizing the I-CAN system to make Protective Orders accessible to a broad range of victims, including victims with disabilities.
6. Improve the enforcement of Protective Orders in Virginia by increasing the number of correct Protective Order entries in VCIN.
7. Ensure that Virginia localities have law enforcement officers, prosecutors and victim advocates who are prepared to respond to allegations of sexual violence in a manner that complies with state and federal protocols for investigation, evidence collection and protection of victims' rights.
This Executive Order shall be effective September 30, 2009 and shall remain in full force and effect until September 30, 2011, unless sooner amended or rescinded by further executive order.
Given under my hand and under the Seal of the Commonwealth of Virginia this 28th day of September 2009.
/s/ Timothy M. Kaine
Governor
EXECUTIVE ORDER NUMBER 94 (2009)
USE OF VIRGINIA RECOVERY ZONE VOLUME CAP ALLOCATIONS PROVIDED UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
Background
The American Recovery and Reinvestment Act of 2009 ("ARRA") created Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds (together, "Recovery Zone Bonds"), that must be issued before January 1, 2011 (the "Expiration Date"). Recovery Zone Bonds are intended to lower the costs of borrowing for purposes of promoting job creation and economic recovery in areas designated as Recovery Zones. Pursuant to ARRA and as described in Notice 2009-50 of the Internal Revenue Service ("Notice 2009-50"), the Commonwealth of Virginia (the "Commonwealth") received volume cap allocations of $104,396,000 in Recovery Zone Economic Development Bonds and $156,595,000 in Recovery Zone Facility Bonds (together, the "Commonwealth Allocation"). Notice 2009-50 further provides that the Commonwealth Allocation be initially allocated among counties and cities of the Commonwealth as provided on Exhibit A (the "Originally Awarded Localities" and the "Original Allocations").
Together, the ARRA and Notice 2009-50 provide that all or any portion of the Original Allocations may be waived or deemed waived by the Originally Awarded Localities, and upon such waiver, the state shall be authorized to re-allocate the waived volume cap in any reasonable manner as it shall determine in good faith in its discretion. For additional information on Recovery Zone Bonds please visit: http://www.irs.gov/pub/irs-drop/n-09-50.pdf.
It is critical that the Commonwealth and its localities take advantage of this financing mechanism to create jobs, foster economic development, and develop critical infrastructure. Therefore, to the extent any Original Allocation will not be used by the Originally Awarded Localities, it is imperative to provide for the re-allocation of such unused amounts to projects that would promote economic recovery of the Commonwealth prior to the Expiration Date.
Accordingly, by virtue of the authority vested in me as Governor under Article V of the Constitution of Virginia and Sections 2.2-103 and 2.2-435.7 of the Code of Virginia, and subject to my continuing and ultimate authority and responsibility to act in such matters, I hereby establish the following procedure for the waiver of allocations by Originally Awarded Localities, and further direct my Chief of Staff to serve as re-allocation director (the "Re-allocation Director") to establish a process for the re-allocation of such allocations waived by the Originally Awarded Localities.
Waiver Requirements
1) By November 2, 2009, Originally Awarded Localities intending to utilize all or any portion of the Original Allocations must file a completed Notice of Intent with the Re-allocation Director. The amount so indicated will be reserved for such locality (the "Reserved Amount"). The form for such Notice of Intent is available from the Virginia Association of Counties, the Virginia Municipal League, and at www.stimulus.virginia.gov.
2) Failure by any Originally Awarded Locality to file such Notice of Intent shall be deemed a waiver of its entire Original Allocation. Any amounts so waived, with any amounts in excess of Reserved Amounts and such other amounts described herein, will be considered waived by the Originally Awarded Locality (together, "Waived Amounts").
3) By December 15, 2009, any Originally Awarded Locality with a Reserved Amount must file a Project Verification Report with the Re-allocation Director. Such documentation will include, as applicable, (i) a resolution or action designating the Recovery Zone in accordance with Section 1400U-1 through 1400U-3 of the ARRA, (ii) a resolution of the issuer approving the project, which may take the form of a reimbursement resolution or an inducement resolution, (iii) documentation of the appropriate governing body's or bodies' or elected official's approval of the project, in conformity with applicable federal and state law, (iv) an opinion of bond counsel, and (v) a commitment letter from a purchaser or underwriter of the subject bonds. The form for such Project Verification Report including applicable attachments is available from the Virginia Association of Counties, the Virginia Municipal League, and at www.stimulus.virginia.gov.
4) Failure to provide a Project Verification Report shall be deemed a waiver of the Reserved Amount, and such amount so waived shall be included in the Waived Amounts.
5) Within 30 days of issuance of any Recovery Zone Bonds, the Originally Awarded Locality (or the entity issuing Recovery Zone Bonds on its behalf) shall provide to the Re-allocation Director the completed Internal Revenue Service reporting form then in effect for the type of Recovery Zone Bonds being issued.
6) Any Original Allocation, including any Reserved Amount, of Recovery Zone Bonds not issued by March 15, 2010 will be deemed waived, and such amount so waived shall be included in the Waived Amounts.
Any Waived Amounts, including amounts voluntarily waived, deemed waived or returned to the Re-allocation Director pursuant to the process, will be available for re-allocation by the Re-allocation Director to another locality or issuer ("Subsequent Awarded Entity"). Notwithstanding anything herein to the contrary, any Originally Awarded Locality or any Subsequent Awarded Entity may voluntarily waive its allocation at any time by providing notice to the Re-allocation Director.
Re-Allocation Process
1. The Re-allocation Director shall develop a process for the application, evaluation and re-allocation of the Waived Amounts to maximize the use of this financing mechanism to stimulate jobs and develop critical infrastructure within the Commonwealth.
2. The Re-allocation Director is hereby authorized to delegate to any official or agency or department of the Commonwealth any matter or task described herein, to take any action that he, as the Re-allocation Director, deems necessary or desirable to affect the purposes hereof, and to create an advisory committee consistent with, and in furtherance of, this Executive Order.
3. Determination of compliance with the procedures and requirements set forth herein or in the additional guidance, including any filings to be made and the timing and substance thereof, shall be subject to the sole discretion of the Re-allocation Director. The Re-allocation Director shall have sole discretion as to the manner and location of any on-line postings required herein or pursuant to such further rules and procedures promulgated by him so long as such posting are on an official website of the Commonwealth.
This Executive Order shall be effective upon its signing and shall remain in full force and effect until December 31, 2011, unless sooner amended or rescinded by further executive order.
Given under my hand and under the Seal of the Commonwealth of Virginia this 30th day of September 2009.
/s/ Timothy M. Kaine
Governor
