RD269 - A Review of Localities' Requirements to Provide Public Notice of Intended Actions and Events and Recommendations for Uniformity and Efficiency – November 1, 2022


Executive Summary:

This report is submitted pursuant to Senate Bill 417 and House Bill 1131 passed during the 2022 Regular Session of the Virginia General Assembly, which required the Virginia Code Commission ("The Commission") to convene a work group to review requirements throughout the Code of Virginia for localities to provide public notice for intended actions and events and make recommendations for uniformity and efficiency.

That the Virginia Code Commission shall convene a work group, including representatives of the Virginia Press Association, the Virginia Association of Counties, the Virginia Municipal League, and other relevant stakeholders to review requirements throughout the Code of Virginia for localities to provide public notice for intended actions and events, including business meetings, the creation of taxation zones, proposed amendments to existing planning and zoning ordinances, and consideration of budgets. The work group shall also review (i) the varying frequency for publishing notices in newspapers and other print media, (ii) the number of days required to elapse between the publications of notices, and (iii) the amount of information required to be contained in each notice and make recommendations for uniformity and efficiency. The Virginia Code Commission shall submit a report to the Chairmen of the House Committee on General Laws and the Senate Committee on General Laws and Technology summarizing the work and any recommendations of the work group by November 1, 2022.

On May 16, 2022, the Code Commission met and adopted the Virginia Code Commission SB417/HB1131 Work Group Work Plan ("the work plan") for the Public Notice Work Group ("the work group.") The work plan as adopted by the Code Commission appears as Appendix A.

After the adoption of the work plan, staff to the Code Commission reached out via email to known stakeholders inviting them to be a part of the work group and requesting contact information for potential stakeholders for the other possible stakeholder groups listed in the work plan.

The legislation specifically provided for the Virginia Association of Counties, the Virginia Municipal League, and the Virginia Press Association ("VPA") to be included on the work group. Other relevant stakeholder groups suggested by the work plan were:

Commission on Local Government Treasurers
Local Government Attorneys of Virginia, Inc.
Commissioners of the Revenue
Virginia Association of Government Purchasing Officials
VA Chapter of the American Planning Association
Virginia School Boards Association
Residential Builders/Developers
Local Electoral Boards
Commercial Builders/Developers
Coalition for Open Government

Code Commission staff was able to secure participation from every stakeholder group suggested on the work plan except the Treasurer's Association of Virginia. A copy of the Local Public Notice work group members is attached as Appendix B.