Friday, November 21, 2008
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HJ85: School boards; JLARC to study implications of granting fiscal autonomy to those elected.

HOUSE JOINT RESOLUTION NO. 86
Offered January 9, 2008
Prefiled January 7, 2008
Memorializing the Congress of the United States to withdraw the United States from the Security and Prosperity Partnership of North America and any other bilateral or multilateral activity which seeks to create a North American Union.
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Patron-- Marshall, R.G.
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Committee Referral Pending
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WHEREAS, President George W. Bush established the Security and Prosperity Partnership (SPP) of North America, with the nations of Mexico and Canada on March 23, 2005; and

WHEREAS, a TV reporter asked President Bush on March 23, 2005, whether in light of the European Union the SPP was a step towards continental integration and he responded, "...So that the vision that you asked about in your question as to what kind of union might there be, I see one based upon free trade, that would then entail commitment to markets and democracy, transparency, rules of law..."; and

WHEREAS, the gradual creation of such a North American Union, or a functional equivalent organization serving the same purpose under a different name, from a merger of the United States, Mexico, and Canada would be a direct threat to the Constitution and national independence and sovereignty of the United States, and imply an eventual end to national borders within North America; and

WHEREAS, a White House news release confirmed the continuing existence of the SPP and its "ongoing process of cooperation" on March 31, 2006; and

WHEREAS, Congressman Ron Paul has written that a key to the SPP plan is an extensive new NAFTA superhighway: "[U]nder this new 'partnership,' a massive highway is being planned to stretch from Canada into Mexico, through the state of Texas"; and

WHEREAS, this trilateral partnership to develop a North American Union has never been presented to Congress as an agreement or treaty, and has had virtually no congressional oversight; and

WHEREAS, state and local governments throughout the United States would be negatively impacted by the SPP/North American Union process, such as the "open borders" vision of the SPP, eminent domain takings of private property along the planned superhighways, and increased law enforcement problems along those same superhighways; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That the Congress of the United States be urged to withdraw the United States from the Security and Prosperity Partnership of North America and any other bilateral or multilateral activity which seeks to create a North American Union.  The Virginia Congressional Delegation is also urged to use all of their efforts, energies and diligence to withdraw from any further participation in the SPP of North America or other activity, however named, which seeks to advance, authorize, fund or in any way promote the creation of any structure to accomplish any form of a North American Union as herein described; and, be it

RESOLVED FURTHER, That the Clerk of the House of Delegates transmit copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the Virginia Congressional Delegation so that they may be apprised of the sense of the General Assembly of Virginia in this matter.

HOUSE JOINT RESOLUTION NO. 85
Offered January 9, 2008
Prefiled January 4, 2008
Directing the Joint Legislative Audit and Review Commission to study implications of granting fiscal autonomy to elected school boards in the Commonwealth. Report.
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Patron-- Rust
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Committee Referral Pending
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WHEREAS, the General Assembly in 1992 enacted legislation authorizing local referendums on the popular election of school board members; and

WHEREAS, following referendums approving such action, 106 of the 135 localities have converted from appointed to elected school boards, resulting in 78 percent of local school board members in the Commonwealth being elected to their positions by popular vote; and

WHEREAS, nationally, approximately 96 percent of school board members are elected and approximately 85 percent of school boards have fiscal autonomy; and

WHEREAS, since the advent of elected school boards in Virginia, the implications of fiscal autonomy for elected school boards have never been studied; and

WHEREAS, fiscal autonomy has taken various forms in other states, and the local real property tax has been cited as the most important revenue source for school boards in nearly all states; and

WHEREAS, although consistent with the Constitution of Virginia, the Commonwealth's method of funding public education, placing supervisory authority with local school boards while requiring the local governing bodies to appropriate funds for educational purposes, is unique; and

WHEREAS, the existing school funding arrangement often puts elected school board members at odds with the budgetary and taxing decisions of another elected body of the same constituency; and

WHEREAS, Virginia's counties and cities collect billions of dollars annually using local taxing instruments and expend several billion dollars more per year for education than is currently required by state law; and

WHEREAS, the prospect of fiscal autonomy for elected school boards presents serious issues for the Commonwealth and local governing bodies; and

WHEREAS, school board fiscal autonomy issues are relevant to the current examination of basic school aid funding and the current study of the state's tax structure; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That the Joint Legislative Audit and Review Commission be directed to study implications of granting fiscal autonomy to elected school boards in the Commonwealth.

In conducting its study, the Joint Legislative Audit and Review Commission shall (i) examine state constitutional and statutory issues regarding school board supervisory authority, (ii) study the respective roles of local school boards and the relevant local governing body in delivering and funding public education, (iii) examine fiscal authority models in other states, and (iv) consider such other issues as it deems appropriate.

Technical assistance shall be provided to the Joint Legislative Audit and Review Commission by the Department of Education and the staffs of the House Committee on Appropriations and the Senate Committee on Finance. All agencies of the Commonwealth shall provide assistance to the Commission for this study, upon request.

The Joint Legislative Audit and Review Commission shall complete its meetings for the first year by November 30, 2008, and for the second year by November 30, 2009, and the Chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the next Regular Session of the General Assembly for each year. Each executive summary shall state whether the Joint Legislative Audit and Review Commission intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summaries and reports shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

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