CODE OF VIRGINIA

ORGANIZATION OF LOCAL HUMAN SERVICES ACTIVITIES; AUTHORIZATION OF REORGANIZATION
BY GOVERNOR (§ 15.2-964)

A. Any city or county may prepare and submit to the Governor a plan to
reorganize the governmental structures or administrative procedures and systems
of human resources agencies should provisions of law or the rules, regulations
and standards of any state agency prohibit or restrict the implementation of
such a reorganization. The plan shall set forth the proposed reorganization and
the provisions of law or the rules, regulations or standards that prohibit or
restrict the implementation of such proposed reorganization.

B. The Governor shall prepare, and provide to those counties and cities which
request them, guidelines for the preparation and submission to him of
reorganization plans by a city or county. The Governor may consider only those
reorganization plans adopted by resolution of the governing body of the city or
county applying for approval to reorganize its human services agencies.

C. The several state boards and commissions which are empowered to promulgate
rules, regulations and guidelines affecting the organization or administration
of local human service agencies are hereby authorized to modify their respective
rules, regulations and guidelines at the direction of the Governor in
furtherance of any reorganization plan approved by him.

D. If a provision or provisions of law prohibit or restrict the implementation
of all or part of such reorganization plan the Governor shall transmit such plan
or such parts of such plan affected by such laws to each House of the General
Assembly at least 45 days prior to the commencement of a regular or special
session of the General Assembly. Such plan or portions of such plan so
transmitted by the Governor under this section shall not become effective unless
it is introduced by bill and enacted into law.

E. The plan or such portions of the plan transmitted by the Governor to the
General Assembly shall set forth: (i) the provision or provisions of law that
prohibit or restrict the implementation of such plan or parts of such plan; (ii)
the changes in governmental structure or administrative procedure system of the
human resources agencies affected; and (iii) the anticipated effects of such
changes upon the efficiency and effectiveness of the agencies affected.

F. Any reorganization authorized under the provision of this section shall be
implemented within appropriations or other funds which may be made available to
the city or county requesting such reorganization approval.

G. Nothing in this section shall be interpreted to permit a city or county to
eliminate the provision of any service required by law or to reduce the level of
service below any level required by law.

H. The localities shall be required to maintain financial and statistical
records in accordance with the guidelines issued by the Governor so as to allow
responsible state agencies to review records and determine costs for programs
for which the agency is responsible.

I. For the purposes of this section the term “human resource
agencies” means agencies that deliver social, employment, health, mental
health and developmental, rehabilitation, nursing, or information and referral
services and such other related services.

HISTORY: 1978, c. 832, § 15.1-36.2; 1983, c. 352; 1997, c. 587; 2012, cc. 476,
507.