CHAPTER 67

An Act to amend and reenact § 15-577 of the Code of Virginia, relating
to county and city budgets; to amend and reenact § 22-117 of the Code
of Virginia, relating to when State funds are to be paid for public
schools; to amend and reenact § 22-125 of the Code of Virginia,
relating to procedure when governing body refuses to provide funds
for public school purposes; to amend and reenact § 22-126 of the Code
of Virginia, as amended, relating to school levies and the use thereof ;
to amend and reenact § 22-127 of the Code of Virginia, relating to
cash appropriations in lieu of school levies; to amend and reenact
§ 22-129 of the Code of Virginia, relating to town levies and ap-
propriations for public school purposes; to amend and reenact
§ 22-138 of the Code of Virginia, relating to unexpended school funds;
to amend the Code of Virginia by adding thereto a section numbered
22-127.1, relating to levies and appropriations by the governing bodies
of counties, cities and towns for school purposes, so as to authorize
such governing bodies to withhold funds already made available for
school purposes, and to provide penalties for violation. H

[H 13]

Approved September 29, 1956

Be it enacted by the General Assembly of Virginia:

1. That §§ 15-577, 22-117, 22-125, 22-126 as amended, 22-127, 22-129,
22-138 of the Code of Virginia be amended and reenacted, and that the
Code of Virginia be amended by adding a new section numbered 22-127.1,
the amended sections and new section being as follows:

§ 15-577. A brief synopsis of the budget shall be published in a news-
paper having general circulation in the locality affected, and notice given
of one or more public hearings, at least fifteen days prior to the date set
for hearing, at which any citizen of the locality shall have the right to
attend and state his views thereon. The board of supervisors of any county
not having a newspaper of general circulation may in lieu of the foregoing
notice provide for notice by written or printed handbills, posted at such
places as it may direct, so as to accomplish the purposes of this chapter.
After such hearing is had the boards of supervisors of the counties and
the councils of the cities and towns shall by appropriate order adopt and
enter on the minutes thereof a budget covering all tentative expenditures
for the locality or any subdivision thereof for the next appropriation year,
itemized and classified as required by the preceding section. The boards,
councils or other governing bodies may recess or adjourn from day to day
or time to time as may be deemed proper before the final adoption of the
budget, provided that the final adoption of the county budget by the board
of supervisors shall not be later than the date on which the annual levy is
made.

The proposed expenditures for school purposes as contained in any
budget prepared under §§ 15-575 and 15-576 and published under thts
section shall be tentative only and conditioned upon appropriations for such
purposes being made by the board, council or other governing body, from
time to time, as authorized by § 22-127 and § 22-129.
§ 22-117. No State money shall be paid for the public schools in any
county until evidence is filed with the State Board, signed by the super-
intendent of schools and the clerk of the board, certifying that the schools
of the county have been kept in operation for at least nine months, or a
less period satisfactory to the State Board, or that arrangements have
been made which will secure the keeping of them in operation for that
length of time or a less period satisfactory to the State Board; provided,
however, that no county shall be denied participation in State school funds,
except as provided by law, when the board of the county has appropriated
a fund equivalent to that which would have been produced by the levying
of the maximum local school tax allowed by law, or has levied the maxi-
mum local school tax allowed by law; provided, such appropriation or levy
is based on assessments not lower than the assessments on real and
personal property in such counties in the year nineteen hundred and
twenty-five.

§ 22-125. If the governing body refuse to lay such a levy or make
such cash appropriation as is recommended and requested by the division
superintendent, then, on a petition of not less than twenty per centum of
the qualified voters of the county or city qualified to vote, requesting the
same, the circuit court of the county or corporation court of the city or
the judge thereof in vacation may, in its or his discretion, order an elec-
tion by the people of the county or city to be held during the month of
June, to determine whether such levy or cash appropriation in lieu of
such levy shall or shall not be fixed, provided that in those counties and
cities in which a school levy is made the election shall be limited to the
question as to whether or not such levy shall be increased; provided that,
whenever any such governing body has made a cash appropriation on a
tentative basis only as provided by § 22-127, no petition hereunder shall
ke and no order calling an election may be entered, even though no resolu-
tion authorizing the payment or transfer of any funds to the local school
board has been made.

§ 22-126. Each county and city is authorized to raise sums of money
by a tax on all property, subject to local taxation, at such rate as may be
deemed sufficient, but in no event * more than three dollars on the one
hundred dollars of the assessed value of the property in any one year, to
be expended by the local school authorities * in establishing, maintaining
and operating such schools as in their judgment the public welfare requires
and in payment of grants for the furtherance of elementary or secondary
education and transportation costs as required or authorized by law; pro-
vided that in counties with a population of more than six thousand four
hundred but less than six thousand five hundred, such rate may be in-
creased to four dollars on the one hundred dollars of the assessed value
of the property therein in any one year; and provided further that in
counties having a population of more than thirty-seven thousand but less
than thirty-nine thousand such rate may be increased to four dollars on
the one hundred dollars of the assessed value of the property therein in
any one year.

§ 22-127. In lieu of making such school levy, the governing body of
any county or city may, in its discretion, make a cash appropriation, either
tentative or final, from the funds derived from the general county or city
levy of an amount not less than the sum required by the county or city
school budget provided for by § 22-122 and approved by the governing
body of the county or city, but in no event to be less than the minimum
nor more than the maximum amount which would result from the laying
of the school levy authorized by the preceding section for the establish-
ment, maintenance and operation of the schools of the county or city and
for the payment of grants for the furtherance of elementary or secondary
education and transportation costs. In addition to this, the governing body
of any county or city may appropriate, either tentatively or finally, from
any funds available, such sums as in its judgment may be necessary or
expedient for the establishment, maintenance and operation of the public
schools in the county or city, and for the payment of such grants and
transportation costs required or authorized by law.

_Whenever any such appropriations have been made on a tentative
basis, no part of the funds so appropriated shall, in. any event, be available
to the local school board except as the local governing body may, from
time to time, by resolution authorize the payment or transfer of such
funds, or any part thereof, to such local school board.

§ 22-127.1. Notwithstanding any other provision of law to the con-
trary, the governing body of any county, city or town which has made a
levy for school purposes under § 22-126 or § 22-129 or has made a cash
appropriation under § 22-127 or any other provision of law may by resolu-
tton direct the school board of such county, city or town and the treasurer
of such county, city or town to make no further expenditures of local
school funds until further authorized to do so by such local governing body.
Any school board, and each member thereof, and any treasurer who makes
any expenditure of local school funds after being so directed not to make
such expenditures shall be personally liable to make restitution to the
county, ctty or town involved of the funds so expended in violation of any
such resolution of the local governing body and may be removed from
office under the provisions of Article 8, Chapter 16, Title 15, of the Code.

§ 22-129. The governing body of any incorporated town in the State
is authorized to levy an additional tax on all the property in the town,
subject to local taxation, at such rate as it may deem proper, but in no
event more than one dollar on the one hundred dollars of the assessed
value of property in the town subject to taxation by the local town author-
ities, for the support and maintenance, and capital outlay of the public
schools in the town and for the payment of grants for the furtherance of
elementary and secondary education and transportation costs. In lieu of
such levy, the governing body may, in its discretion, make a cash appropria-
tion, either tentative or final, out of the general town levy of an amount
not more than the maximum amount which would result from the school
levy for the support and maintenance of the public schools in the town
and for the payment of such grants and transportation costs required or
authorized by law.

Whenever any such appropriation has been made on a tentative basis,
no part of the funds so appropriated shall, in any event, be available to
the local school board except as the governing body may, from time to
time, by resolution authorize the payment or transfer of such funds, or any
part thereof, to such local school board.

§ 22-138. All sums of money derived from State funds for school
or educational purposes, which are unexpended in any year in any county
or city shall go into the * fund of the State from which derived for re-
division the next year, unless the State Board direct otherwise. All sums
derived from county or city funds unexpended in any year shall remain a
part of the county or city funds, respectively, for use the next year, but
no local funds shall be subject to redivision outside of the county or city
in which they were raised.