15.2-1302 - Certain Commonwealth distributions to localities. - Virginia Statutes

§ 15.2-1302. Certain Commonwealth distributions to localities.

Any state funds that were distributed to a locality, including a local schoolboard, in support of a governmental program or function prior to aconsolidation of such program or function or the governmental consolidationof the entities providing such programs or functions, shall continue to bedistributed to the entity or entities carrying out the program or functionafter consolidation in accordance with the following schedule:

1. If the consolidation results in the governmental consolidation of theentities into a single locality, the state funds shall not be reduced belowthe amounts that would have been received by each entity from theCommonwealth for the governmental program or function computed on the premisethat no consolidation occurred for a period of twenty fiscal years followingthe consolidation.

2. If the consolidation results in the consolidation of constitutionalofficers of the entities and the consolidation of school divisions and localschool boards of the entities, the state funds shall not be reduced below theamounts that would have been received by each entity from the Commonwealthfor the governmental program or function computed on the premise that noconsolidation occurred for a period of fifteen fiscal years following theconsolidation.

3. In all other consolidations, the state funds shall not be reduced belowthe amounts that would have been received by each entity from theCommonwealth for the governmental program or function computed on the premisethat no consolidation occurred for a period of five fiscal years followingthe consolidation.

This section shall not prohibit the Commonwealth from terminating ormodifying any program or function under which distribution to a locality,including a local school board, has been made, and if so terminated ormodified all obligations hereunder shall cease or be reduced in proportionwith such modifications, as the case may be.

If any such consolidations terminate prior to the end of the applicableperiod set forth above, the Commonwealth's obligation under this sectionshall cease.

For the purposes of this section, "consolidation" includes the transitionof a city to town status.

The provisions of this section shall also apply to consolidations of agovernmental program or function and governmental consolidations of entities,providing such consolidations take place after January 1, 1995.

(1991, c. 189, § 15.1-21.1; 1994, c. 437; 1995, c. 728; 1997, c. 587; 2000,c. 708; 2001, c. 14.)