2.2-113 - Temporary suspension of state mandates.
§ 2.2-113. Temporary suspension of state mandates.
A. The Governor may suspend, temporarily and for a period not to exceed oneyear, any mandate, or portion thereof, prescribed by any unit of theexecutive branch of state government on a county, city, town, or other unitof local government upon a finding that it faces fiscal stress and thesuspension of the mandate or portion thereof would help alleviate the fiscalhardship.
However, for a period beginning July 1, 2010, and ending July 1, 2012, theGovernor may suspend any such mandate for a period not to exceed two yearsupon proper application by a locality pursuant to this section.
B. No application shall be made by the locality until approved by resolutionof the governing body.
C. At the time of application, the following information shall be publishedin the Virginia Register: (i) the name of the petitioning locality, (ii) themandate or portion thereof requested to be suspended, (iii) the impact of thesuspension of the mandate on the ability of the local government to deliverservices, (iv) the estimated reduction in current budget from the suspension,and (v) the time period requested for suspension. Publication in the VirginiaRegister shall occur at least 20 days in advance of any suspension by theGovernor.
D. No later than January 1 of each year, the Governor shall submit to theGeneral Assembly a report that identifies each petitioning locality, themandate or portion thereof for which suspension was sought, and the responseprovided to the locality.
E. Nothing in this section shall apply to the Department of Education.
In making a determination of fiscal stress, the Governor may consider, but isnot limited to, the following factors: any changes in anticipated revenue,income distribution of residents, revenue effort, revenue capacity, andchanges in local population and employment levels.
(1991, c. 638, § 2.1-51.5:1; 1993, c. 230; 1994, c. 158; 2001, c. 844; 2003,c. 169; 2010, c. 79.)