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1997 SESSION

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HB 1667 Recodification of Title 15.1; counties, cities and towns.

Introduced by: Jay W. DeBoer | all patrons    ...    notes | add to my profiles

SUMMARY:

Recodification of Title 15.1; counties, cities and towns. Recodifies Title 15.1 as Title 15.2 pursuant to Senate Joint Resolution No. 2 (1994), which directs the Virginia Code Commission to study Title 15.1 of the Code of Virginia and to report its findings to the General Assembly in the form of a recodification. The resolution notes that Title 15.1 has not been recodified since 1962 and that the laws concerning local governments have changed substantially since that time. Although the primary purpose of the Title 15.1 recodification is to reorganize and simplify the existing statutes, certain substantive changes are also made. Such changes were required to resolve the confusion caused by conflicting provisions and to modernize other provisions that have gone unchanged since the nineteenth century. Such changes are clearly noted in the recodification report (Senate Document No. 5, 1997). The most noticeable change in Title 15.2 is its new organization. Title 15.1 is the longest title in the Code and possibly the most difficult to use due to its awkward arrangement and its abundance of outdated and conflicting provisions. Title 15.2 should be much more user-friendly, as it is divided into four subtitles with the chapters and sections grouped logically within them.

Subtitle I contains general provisions applicable to the entire title, and provisions relating to local government charters and optional forms of county government. Currently, the provisions governing optional county forms can be confusing to use, as the five optional forms are contained in three chapters with overlapping provisions. Title 15.2 separates the five forms of government into five chapters and precedes the five chapters with general provisions applicable to the creation of any of the five forms.

Subtitle II contains the powers of local government. The subtitle begins with general powers applicable to all localities and then covers specific types of powers such as condemnation and planning. Several newly created chapters within this subtitle combine related sections that were previously scattered throughout Title 15.1.

Subtitle III combines chapters related to boundary adjustments and changes of status of localities. For example, provisions related to annexation, consolidation of localities and transition of cities to town status are found in this subtitle.

Subtitle IV contains chapters providing for the creation of other governmental entities such as authorities. Historically, legislation creating authorities has been placed in the local government title, even if the subject matter of the authority is not closely related to local governments. Title 15.2 continues this precedent.


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