A. The Governor may suspend, temporarily and for a period not to exceed one year, any mandate, or portion thereof, prescribed by any unit of the executive branch of state government on a county, city, town, or other unit of local government upon a finding that it faces fiscal stress and the suspension of the mandate or portion thereof would help alleviate the fiscal hardship.
However, for a period beginning July 1, 2010, and ending July 1, 2012, the Governor may suspend any such mandate for a period not to exceed two years upon proper application by a locality pursuant to this section.
B. No application shall be made by the locality until approved by resolution of the governing body.
C. At the time of application, the following information shall be published in the Virginia Register: (i) the name of the petitioning locality, (ii) the mandate or portion thereof requested to be suspended, (iii) the impact of the suspension of the mandate on the ability of the local government to deliver services, (iv) the estimated reduction in current budget from the suspension, and (v) the time period requested for suspension. Publication in the Virginia Register shall occur at least 20 days in advance of any suspension by the Governor.
D. No later than January 1 of each year, the Governor shall submit to the General Assembly a report that identifies each petitioning locality, the mandate or portion thereof for which suspension was sought, and the response provided 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 is not limited to, the following factors: any changes in anticipated revenue, income distribution of residents, revenue effort, revenue capacity, and changes 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.
Structure Code of Virginia
Title 2.2 - Administration of Government
§ 2.2-100. Salaries of Governor and other officers; administrative assistants
§ 2.2-101. Clerical forces and office expenses of Governor
§ 2.2-102. Personal staff as commander in chief
§ 2.2-104. Delegation of powers
§ 2.2-105. Appointments to office; effect of refusal to confirm by the General Assembly
§ 2.2-106. Appointment of agency heads; disclosure of resumes; severance
§ 2.2-108. Removal of members of certain boards, commissions, etc.
§ 2.2-109.01. Signed statements required from appointees
§ 2.2-110. Officers of Commonwealth and its institutions to make reports to Governor
§ 2.2-111. Suits, actions, etc., by Governor
§ 2.2-112. To whom return on warrant of Governor to be made
§ 2.2-113. Temporary suspension of state mandates
§ 2.2-114. Coordination of official communications with federal and foreign governments
§ 2.2-115. Commonwealth's Development Opportunity Fund
§ 2.2-115.1. COVID-19 Relief Fund
§ 2.2-116. Service on board of national tobacco trust entity
§ 2.2-117. Governor to administer anti-crime partnership program
§ 2.2-120. Powers with respect to state-owned motor vehicles
§ 2.2-122. Commercial use of seals of the Commonwealth
§ 2.2-123. Authority over rooms and space in public buildings
§ 2.2-124. Regulation of athletic leaves of absence
§ 2.2-125. Governor authorized to accept certain property from Confederate Memorial Literary Society
§ 2.2-126. Disposition of official correspondence
§ 2.2-129. Reorganization plans
§ 2.2-130. Contents of reorganization plans
§ 2.2-131. Limitation on powers
§ 2.2-132. Approval by the General Assembly; effective date; publication
§ 2.2-133. Effect on other laws, pending legal proceedings, and unexpended appropriations
§ 2.2-134. Authority to create gubernatorial commissions