16103788D
SENATE BILL NO. 309
Offered January 13, 2016
Prefiled January 8, 2016
A BILL to amend and reenact §15.2-3201 of the Code of
Virginia, relating to annexation.
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Patron-- Hanger
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Referred to Committee on Local Government
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Be it enacted by the General Assembly of Virginia:
1. That §15.2-3201 of the Code of Virginia is amended and
reenacted as follows:
§15.2-3201. Temporary restrictions on granting of city
charters, filing annexation notices, institutions of annexation proceedings,
and county immunity proceedings.
Beginning January 1, 1987, and terminating on the first to
occur of (i) July 1, 2018 2028, or (ii) the July 1 next
following the expiration of any biennium, other than the 1998-2000, 2000-2002,
2002-2004, 2006-2008, 2008-2010, 2010-2012, 2012-2014, and
2014-2016, 2016-2018, 2018-2020, 2020-2022, 2022-2024,
2024-2026, and 2026-2028
bienniums, during which the General Assembly appropriated for distribution to
localities for aid in their law-enforcement expenditures pursuant to Article 8
(§9.1-165 et seq.) of Chapter 1 of Title 9.1 an amount that is less than the
total amount required to be appropriated for such purpose pursuant to
subsection A of §9.1-169, no city shall file against any county an annexation
notice with the Commission on Local Government pursuant to §15.2-2907, and no
city shall institute an annexation court action against any county under any
provision of this chapter except a city that filed an annexation notice before
the Commission on Local Government prior to January 1, 1987. During the same period,
with the exception of a charter for a proposed consolidated city, no city
charter shall be granted or come into force and no suit or notice shall be
filed to secure a city charter. However, the foregoing shall not prohibit the
institution of nor require the stay of an annexation proceeding or the filing
of an annexation notice for the purpose of implementing an annexation
agreement, the extent, terms and conditions of which have been agreed upon by a
county and city; nor shall the foregoing prohibit the institution of or require
the stay of an annexation proceeding by a city which, prior to January 1, 1987,
commenced a proceeding before the Commission on Local Government to review a
proposed voluntary settlement pursuant to §15.2-3400; nor shall the foregoing
prohibit the institution of or require the stay of any annexation proceeding
commenced pursuant to §15.2-2907 or 15.2-3203, except that no such proceeding
may be commenced by a city against any county, nor shall any city be a
petitioner in any annexation proceeding instituted pursuant to §15.2-3203.
Beginning January 1, 1988, and terminating on the first to
occur of (i) July 1, 2018 2028, or (ii) the July 1 next
following the expiration of any biennium, other than the 1998-2000, 2000-2002,
2002-2004, 2006-2008, 2008-2010, 2010-2012, 2012-2014, and
2014-2016, 2016-2018, 2018-2020, 2020-2022, 2022-2024,
2024-2026, and 2026-2028 bienniums, during which the General Assembly
appropriated for distribution to localities for aid in their law-enforcement
expenditures pursuant to Article 8 (§9.1-165 et seq.) of Chapter 1 of Title
9.1 an amount that is less than the total amount required to be appropriated
for such purpose pursuant to subsection A of §9.1-169, no county shall file a
notice or petition pursuant to the provisions of Chapter 29 (§15.2-2900 et
seq.) or Chapter 33 (§15.2-3300 et seq.) requesting total or partial immunity
from city-initiated annexation and from the incorporation of new cities within
its boundaries. However, the foregoing shall not prohibit the institution of
nor require the stay of an immunity proceeding or the filing of an immunity
notice for the purpose of implementing an immunity agreement, the extent, terms
and conditions of which have been agreed upon by a county and city.
2. That the Commission on Local Government be directed to
evaluate the structure of cities and counties in the Commonwealth and the
impact of annexation upon localities. In doing so, the Commission shall
consider alternatives to the current moratorium on annexation by cities. The
Commission shall issue its findings and recommended policy changes to the
General Assembly no later than December 1, 2025. During its evaluation, the
Commission shall consult with and seek input from the Virginia Municipal
League, the Virginia Association of Counties, and the localities directly
affected by the current annexation moratorium. All agencies of the Commonwealth
shall provide assistance to the Commission for this evaluation upon request.
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