SB297: Virginia Sexual and Domestic Violence Prevention Fund; created, report.


SENATE BILL NO. 297
Senate Amendments in [ ] – February 6, 2020
A BILL to amend the Code of Virginia by adding in Title 63.2 a chapter numbered 23, consisting of a section numbered 63.2-2300, relating to Virginia Sexual and Domestic Violence Prevention Fund; report.
Patrons Prior to Engrossment--Senators Favola and McClellan; Delegate: Delaney

Referred to Committee on the Judiciary

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Title 63.2 a chapter numbered 23, consisting of a section numbered 63.2-2300, as follows:

CHAPTER 23.
VIRGINIA SEXUAL AND DOMESTIC VIOLENCE PREVENTION FUND.

§ 63.2-2300. Virginia Sexual and Domestic Violence Prevention Fund; report.

A. The General Assembly finds and declares that sexual and domestic violence is a serious public health and safety concern in the Commonwealth, and that evidence-based and evidence-informed prevention programs are critical to decrease the negative effects that sexual and domestic violence have on communities in the Commonwealth. It is therefore in the best interest of the citizens of the Commonwealth to support such programs for the purpose of lowering the occurrence of sexual and domestic violence in the Commonwealth.

B. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Sexual and Domestic Violence Prevention Fund (the Fund). The Fund shall be established on the books of the Comptroller. All moneys appropriated by the General Assembly for the Fund, and received from any other sources, public or private, shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Commissioner. Up to five percent of the Fund may be used to pay the expenses necessary to administration of the Fund by the Department.

C. The Fund shall be administered by the Department in accordance with the provisions of this section and subject to the following:

1. The Department shall use moneys in the Fund to develop and support prevention programs in the Commonwealth and perform such other acts as may be necessary to comply with the provisions of this section.

2. No less than five percent of the Fund shall be granted to  [ the Virginia Sexual and Domestic Violence Action Alliance for the delivery of  an organization that provides ] training and technical assistance to entities implementing prevention programs and for the development of statewide strategies to reinforce and expand prevention efforts.

3. No less than 40 percent but not more than 45 percent of the Fund shall be granted to the Department of Health's Domestic and Intimate Partner Violence Prevention program for the distribution of grants to support [ and evaluate ] evidence-based and evidence-informed sexual violence prevention programs. Up to five percent of such funds may be used to pay the expenses necessary to distribution of such grants by the Department of Health.

4. The Department shall, in coordination with the Department of Health and the Virginia Sexual and Domestic Violence Action Alliance, develop a plan for distribution of moneys in the Fund. Such plan shall  [ establish an application process and eligibility criteria for the awarding of grants from the Fund, identify evidence-based and evidence-informed prevention programs and develop strategies to promote research and evaluation of prevention initiatives. Such plan shall include ] a process for determining appropriate grant amounts [ ,  ] and other strategies that help to prevent or support programs that prevent sexual and domestic violence in the Commonwealth.

5. The Department shall  [ issue requests for proposals to providers of prevention programs that may be eligible for distributions from the Fund. The Department shall review all proposals received as a result of such requests and modify, as appropriate, the terms of such proposals in agreement with the provider. No provider that submits a proposal for moneys from the Fund shall participate in the review of such proposals distribute grants to support and evaluate evidence-based and evidence-informed domestic violence prevention programs ] .

6. The Department shall produce an annual report on the expenditures and activities associated with the Fund and provide such report to the Governor and the Chairmen of the Senate Committee on Finance and the House Committee on Appropriations by November 30 each year.

7. No more than 95 percent of moneys in the Fund shall be awarded or allocated in any fiscal year.

D. For the purposes of this section, "prevention program" means an evidence-based or evidence-informed program that (i) is operated by a local [ sexual and domestic violence public or private nonprofit ] agency and (ii) has the primary purpose of preventing sexual and domestic violence through strategies that (a) promote the development and maintenance of healthy practices related to relationships, sexuality, and social-emotional development and (b) counteract the factors associated with the initial perpetration of sexual and domestic violence.

SENATE BILL NO. 297

Offered January 8, 2020
Prefiled January 3, 2020
A BILL to amend the Code of Virginia by adding in Title 63.2 a chapter numbered 23, consisting of a section numbered 63.2-2300, relating to Virginia Sexual and Domestic Violence Prevention Fund; report.
Patron-- Favola

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Title 63.2 a chapter numbered 23, consisting of a section numbered 63.2-2300, as follows:

CHAPTER 23.
VIRGINIA SEXUAL AND DOMESTIC VIOLENCE PREVENTION FUND.

§ 63.2-2300. Virginia Sexual and Domestic Violence Prevention Fund; report.

A. The General Assembly finds and declares that sexual and domestic violence is a serious public health and safety concern in the Commonwealth, and that evidence-based and evidence-informed prevention programs are critical to decrease the negative effects that sexual and domestic violence have on communities in the Commonwealth. It is therefore in the best interest of the citizens of the Commonwealth to support such programs for the purpose of lowering the occurrence of sexual and domestic violence in the Commonwealth.

B. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Sexual and Domestic Violence Prevention Fund (the Fund). The Fund shall be established on the books of the Comptroller. All moneys appropriated by the General Assembly for the Fund, and received from any other sources, public or private, shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Commissioner. Up to five percent of the Fund may be used to pay the expenses necessary to administration of the Fund by the Department.

C. The Fund shall be administered by the Department in accordance with the provisions of this section and subject to the following:

1. The Department shall use moneys in the Fund to develop and support prevention programs in the Commonwealth and perform such other acts as may be necessary to comply with the provisions of this section.

2. No less than five percent of the Fund shall be granted to the Virginia Sexual and Domestic Violence Action Alliance for the delivery of training and technical assistance to entities implementing prevention programs and for the development of statewide strategies to reinforce and expand prevention efforts.

3. No less than 40 percent but not more than 45 percent of the Fund shall be granted to the Department of Health's Domestic and Intimate Partner Violence Prevention program for the distribution of grants to support evidence-based and evidence-informed sexual violence prevention programs. Up to five percent of such funds may be used to pay the expenses necessary to distribution of such grants by the Department of Health.

4. The Department shall, in coordination with the Department of Health and the Virginia Sexual and Domestic Violence Action Alliance, develop a plan for distribution of moneys in the Fund. Such plan shall establish an application process and eligibility criteria for the awarding of grants from the Fund, a process for determining appropriate grant amounts, and other strategies that help to prevent or support programs that prevent sexual and domestic violence in the Commonwealth.

5. The Department shall issue requests for proposals to providers of prevention programs that may be eligible for distributions from the Fund. The Department shall review all proposals received as a result of such requests and modify, as appropriate, the terms of such proposals in agreement with the provider. No provider that submits a proposal for moneys from the Fund shall participate in the review of such proposals.

6. The Department shall produce an annual report on the expenditures and activities associated with the Fund and provide such report to the Governor and the Chairmen of the Senate Committee on Finance and the House Committee on Appropriations by November 30 each year.

7. No more than 95 percent of moneys in the Fund shall be awarded or allocated in any fiscal year.

D. For the purposes of this section, "prevention program" means an evidence-based or evidence-informed program that (i) is operated by a local sexual and domestic violence agency and (ii) has the primary purpose of preventing sexual and domestic violence through strategies that (a) promote the development and maintenance of healthy practices related to relationships, sexuality, and social-emotional development and (b) counteract the factors associated with the initial perpetration of sexual and domestic violence.