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2004 SESSION

043110396
HOUSE BILL NO. 746
Offered January 14, 2004
Prefiled January 14, 2004
A BILL to amend the Code of Virginia by adding in Article 8 of Chapter 2 of Title 2.2 sections numbered 2.2-224.1, 2.2-224.2, and 2.2-224.3, relating to the Secretary of Public Safety; assessment of local law enforcement and fire and rescue services.
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Patrons-- Marshall, R.G. and Sickles
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Referred to Committee on Militia, Police and Public Safety
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 8 of Chapter 2 of Title 2.2 sections numbered 2.2-224.1, 2.2-224.2, and 2.2-224.3, as follows:

§ 2.2-224.1. Comprehensive assessment of local law enforcement and fire and rescue services.

A. The Secretary shall undertake a comprehensive assessment process to determine the adequacy of law enforcement and fire and rescue services provided to the citizens by each locality in the Commonwealth. The factors to be considered by the Secretary in performing each local assessment shall established by the Secretary working in conjunction with the Department of Emergency Management, the Department of Fire Programs, the Department of Criminal Justice Services, the Department of State Police, and any other state executive agency deemed appropriate by the Secretary.

B. Each locality shall provide in a timely manner all relevant information requested by the Secretary, and shall cooperate fully with the Secretary in conducting the assessment. Based upon the established criteria and final results of the assessment, the Secretary shall issue written recommendations to each locality setting forth its findings as to the adequacy of its law enforcement and fire and rescue services.

§ 2.2-224.2. Inadequacy of law enforcement or fire and rescue services.

Upon a determination by the Secretary that a locality's law enforcement or fire and rescue services are not adequate to serve its current population, or will be inadequate within the next five years, the Secretary shall notify the locality of this in writing, whereupon the locality shall have one calendar year from receipt of such notification within which to establish, and submit for the Secretary's approval, a program to achieve adequacy within the next five years. If after reviewing the locality's program, it determines that local law enforcement and fire and rescue services are still inadequate or will be inadequate within five years of the original determination of inadequacy, or if the locality fails to submit a program within one year of notification, then pursuant to § 2.2-224.3 the Secretary shall establish and apply a law enforcement and fire and rescue services residential development impact fee in such locality.

§ 2.2-224.3. Law enforcement and fire and rescue services residential development impact fee.

A. Upon a determination of inadequacy by the Secretary, whose decision shall be final and binding unless reversed on judicial appeal pursuant to § 2.2-4026, and failure to cure pursuant to § 2.2-224.2, the Secretary shall establish and collect a fee from the builder of each new residential unit constructed in the locality until such time as the Secretary determines that the local law enforcement and fire and rescue services are adequate and are likely to remain adequate for at least the next five years. In addition to any factors as may be established by the Secretary, the fee shall be based upon the Secretary's determination of the following:

1. The pro-rata impact of each additional residential unit on existing law enforcement or fire and rescue services, and

2. The pro-rata impact of each additional residential unit on the costs of improving or developing new law enforcement or fire and rescue services in order to adequately meet the needs of such new residential development.

B. The Secretary shall hold all fees collected under this section in an interest-bearing escrow account on behalf of the locality. The Secretary shall make disbursements to the locality from such account for the acquisition, improvement or development of new or existing law enforcement or fire and rescue services.

C. Upon a determination by the Secretary that the locality's law enforcement or fire and rescue services are adequate and are likely to remain adequate for at least the next five years, the Department shall release to the locality all funds that may remain in the locality's escrow account.