HB1051: Constitutional officers; if proposed budget reduces funding of such officer, 14 day written notice.
Be it enacted by the General Assembly of Virginia:
1. That §§ 15.2-1656, 15.2-2506, and 58.1-1727 of the Code of Virginia are amended and reenacted as follows:
§ 15.2-1656. Supplies and equipment to be furnished to clerks of courts of record.
The governing body of each county and city shall, at the expense of the county or city, provide (i) suitable books and stationery, in addition to supplies furnished by the Commonwealth, for the use of clerks of all courts of record, together with appropriate cases and other furniture, for the safe and convenient keeping of all the books, documents and papers, in the custody of such officers; (ii) official seals for such officers; and (iii) such other office equipment, electronic or other systems, and appliances as in their judgment may be reasonably necessary for the proper conduct of such offices.
§ 15.2-2506. Publication and notice; public hearing; adjournment; moneys not to be paid out until appropriated.
A brief synopsis of the budget which, except in the case of the school division budget, shall be for informative and fiscal planning purposes only, shall be published once in a newspaper having general circulation in the locality affected, and notice given of one or more public hearings, at least seven days prior to the date set for hearing, at which any citizen of the locality shall have the right to attend and state his views thereon. Any locality not having a newspaper of general circulation may in lieu of the foregoing notice provide for notice by written or printed handbills, posted at such places as it may direct. The hearing shall be held at least seven days prior to the approval of the budget as prescribed in § 15.2-2503. With respect to the school division budget, which shall include the estimated required local match, such hearing shall be held at least seven days prior to the approval of that budget as prescribed in § 22.1-93. With respect to the budget of a constitutional officer, if the proposed budget reduces funding of such officer at a rate greater than the average rate of reduced funding for other agencies appropriated through such locality's general fund, exclusive of the school division, the locality shall give written notice to such constitutional officer at least 14 days prior to adoption of the budget. If a constitutional officer determines that the proposed budget cuts would impair the performance of his statutory duties, such constitutional officer shall make a written objection to the local governing body within seven days after receipt of the written notice and shall deliver a copy of such objection to the Compensation Board. The local governing body shall consider the written objection of such constitutional officer. The governing body may adjourn such hearing from time to time. The fact of such notice and hearing shall be entered of record in the minute book.
In no event, including school division budgets, shall such preparation, publication and approval be deemed to be an appropriation. No money shall be paid out or become available to be paid out for any contemplated expenditure unless and until there has first been made an annual, semiannual, quarterly or monthly appropriation for such contemplated expenditure by the governing body, except funds appropriated in a county having adopted the county executive form of government, outstanding grants may be carried over for one year without being reappropriated.
§ 58.1-1727. Taxes on suits or writ taxes generally.
A tax of $5 is hereby imposed upon (i) the commencement of
every civil action in a court of record, whether commenced by petition or
notice, ejectment or attachment, other than a summons to answer a suggestion; (ii)
the removal or appeal of a cause of action from a district court to a court of
record; (iii) the appeal from the decision of the governing body of a county,
city or town to a court of record, including the appeal of any decision of a
board of zoning appeals; (iv) an attachment returnable to a court of record;
and (v) a writ of mandamus sued out of any court, except the Supreme Court of
Virginia. However, when the debt or demand for damages exceeds $50,000
$49,999 but does not exceed $100,000, the tax shall be $15; and when the
debt or demand for damages exceeds $100,000, the tax shall be $25.
This section shall not be applicable to any original jurisdiction proceeding filed in the Supreme Court of Virginia.
HOUSE BILL NO. 1051
Be it enacted by the General Assembly of Virginia:
1. That §§ 15.2-1600, 15.2-1656, 15.2-2507, and 58.1-1727 of the Code of Virginia are amended and reenacted as follows:
§ 15.2-1600. Counties and cities required to elect certain officers; qualifications of attorney for the Commonwealth; duties and compensation of officers; vacancies, certain counties and cities excepted; officer's powers not to be diminished.
A. The voters of each county and city shall elect a treasurer, a sheriff, an attorney for the Commonwealth, a clerk, who shall be clerk of the court in the office of which deeds are recorded, and a commissioner of revenue. To qualify to be elected or hold office, an attorney for the Commonwealth shall be a member of the bar of this Commonwealth. The duties and compensation of such officers shall be prescribed by general law or special act and any vacancy in such office shall be filled, notwithstanding any charter provision to the contrary, by a majority of the circuit judges of the judicial circuit for the county or city pursuant to the provisions of §§ 24.2-226 and 24.2-227. Any county or city not required to have or to elect such officers prior to July 1, 1971, shall not be so required by this section, nor shall the provisions of this section apply to those counties and cities which have heretofore adopted, or may hereafter adopt, a form of government, as provided by law, which does not require such counties or cities to have or elect one or more of such officers.
B. Nothing in this title shall be construed to authorize the governing body or the chief administrative officer of a locality to designate an elected constitutional officer to exercise a power or perform a duty which the officer is not required to perform under applicable state law without the consent of such officer, nor by designation to diminish any such officer's powers or duties as provided by applicable state law including the power to organize their offices and to appoint such deputies, assistants and other individuals as are authorized by law upon the terms and conditions specified by such officers. The governing body or the chief administrative officer of a locality may not transfer locally funded personnel or electronic or other systems from a constitutional officer to a state agency without the written approval of such constitutional officer.
§ 15.2-1656. Supplies and equipment to be furnished to clerks of courts of record.
The governing body of each county and city shall, at the expense of the county or city, provide (i) suitable books and stationery, in addition to supplies furnished by the Commonwealth, for the use of clerks of all courts of record, together with appropriate cases and other furniture, for the safe and convenient keeping of all the books, documents and papers, in the custody of such officers; (ii) official seals for such officers; and (iii) such other office equipment, electronic or other systems, and appliances as in their judgment may be reasonably necessary for the proper conduct of such offices.
§ 15.2-2507. Amendment of budget.
A. Any locality may amend its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the currently adopted budget as prescribed by § 15.2-2504. However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by publishing a notice of a meeting and a public hearing once in a newspaper having general circulation in that locality at least seven days prior to the meeting date. The notice shall state the governing body's intent to amend the budget and include a brief synopsis of the proposed budget amendment. Any local governing body may adopt such amendment at the advertised meeting, after first providing a public hearing during such meeting on the proposed budget amendments.
B. Pursuant to the requirements of §§ 15.2-1609.1,
15.2-1609.7, 15.2-1636.8, and 15.2-1636.13 through 15.2-1636.17 every county
and city shall appropriate as part of its annual budget or in amendments
thereto amounts for salaries, expenses and other allowances for its
constitutional officers that are not less than those established for such
offices in the locality by the Compensation Board pursuant to applicable law
or, in the event of an appeal pursuant to § 15.2-1636.9, by the circuit court
in accordance with the provisions of that section. A locality
shall not reduce funding to a constitutional officer for personnel or other
operational expenses except by separate ordinance after a public
hearing. A local governing body shall not reduce funding to a constitutional officer for personnel or other
operational expenses if such constitutional officer certifies that such
reduction in funding would impair the ability of such constitutional officer to
perform his statutory duties.
§ 58.1-1727. Taxes on suits or writ taxes generally.
A tax of $5 is hereby imposed upon (i) the commencement of
every civil action in a court of record, whether commenced by petition or
notice, ejectment or attachment, other than a summons to answer a suggestion;
(ii) the removal or appeal of a cause of action from a district court to a
court of record; (iii) the appeal from the decision of the governing body of a
county, city or town to a court of record, including the appeal of any decision
of a board of zoning appeals; (iv) an attachment returnable to a court of
record; and (v) a writ of mandamus sued out of any court, except the Supreme
Court of Virginia. However, when the debt or demand for damages exceeds $50,000 $49,999 but
does not exceed $100,000, the tax shall be $15; and when the debt or demand for
damages exceeds $100,000, the tax shall be $25.
This section shall not be applicable to any original jurisdiction proceeding filed in the Supreme Court of Virginia.