‘Tis the season for donations to flow to charities all over the Old Dominion, but Virginia’s state-funded donations to non-state charities are coming under scrutiny by those questioning whether such contributions are constitutionally prohibited. Gov. Bob McDonnell recently proposed donating $500,000 in state funding to both the Federation of Virginia Food Banks and the Norfolk-based Operation Smile, a group that provides free surgeries to children with cleft lip and other facial deformities.
The food banks received $1 million directly from the state each of the last two years, said Federation Executive Director Leslie Van Horn.
But the Virginia Constitution specifically bars the General Assembly from directly appropriating funds to non-state charities, though it can funnel the money to charities through local governments or groups.
“I don’t know how you would do that, quite honestly, if I’m representing the entire state,” Van Horn said. “I have no knowledge of the subject, quite honestly.”
Norman Leahy, vice president of the Virginia Institute for Public Policy, a conservative think tank, was among the first to question the constitutionality of direct appropriations to charitable entities and said the practice has been going on for some time.
“I’ve been writing about it since about 2005, maybe a little before that,” said Leahy, a Local Opinion Zone contributor to The Washington Examiner. “Either the Constitution means what it says or it doesn’t, and if it doesn’t, it needs to be changed.”
The budget amendments to provide money to the two organizations are constitutional, according to McDonnell spokeswoman Stacey Johnson.
Former state Del. Chris Saxman, R-Augusta, said there are ways for the state to do it, but giving state funds to non-state agencies remains controversial.
“Maybe the rules of the law should be reviewed by the [attorney general] or the governor’s office,” he said. “It sounds like a gray area that might want to be [cleared] up a little bit.”
Del. Bob Marshall, R-Prince William, said the state routinely gives money to non-state agencies.
“I would think [the governor] has found a way to accomplish the goals, even if it’s an indirect means of doing it,” he said.
