Funding of Constitutional Officers - Virginia Joint Legislative Audit ...
Funding of Constitutional Officers - Virginia Joint Legislative Audit ...
Funding of Constitutional Officers - Virginia Joint Legislative Audit ...
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ALLOCATION OF STATE AND LOCAL FUNDING<br />
Based on the framework developed for this study, State funding <strong>of</strong> constitutional<br />
<strong>of</strong>ficers would consist <strong>of</strong> three elements:<br />
«I costs for which the State has been assigned sole responsibility,<br />
• the State portion <strong>of</strong>costs which are assigned shared State-local<br />
responsibility,<br />
• the portion <strong>of</strong>the shared State-local responsibility costs which are<br />
assumed by the State through recognition <strong>of</strong>local ability to pay.<br />
Local funding <strong>of</strong>constitutional <strong>of</strong>ficers would consist <strong>of</strong> two elements:<br />
• costs for which the local governments have been assigned sole<br />
responsibility,<br />
• the remaining portion <strong>of</strong>shared State-local responsibility costs which<br />
are not assumed by the State through recognition <strong>of</strong>local ability to pay.<br />
A more detailed, mathematical description <strong>of</strong> the calculation <strong>of</strong> these State and local<br />
staffing costs is provided in Appendix B.<br />
Recommendation (6). The General Assembly may wish to consider establishing<br />
State and local shares for funding <strong>of</strong> the constitutional <strong>of</strong>ficers<br />
based on assignments <strong>of</strong> cost responsibility and local ability to pay. Cost<br />
responsibility can be based on the criteria developed for this study. Ability<br />
to pay can be based on an index <strong>of</strong> relative revenue capacity.<br />
STATE AND LOCAL FEES<br />
Ifthere is substantial change in State and local responsibilities for the costs <strong>of</strong><br />
the constitutional <strong>of</strong>ficers, it becomes necessary to review the distribution <strong>of</strong> fees as<br />
well. The purpose <strong>of</strong>such a review is to ensure that the distribution <strong>of</strong>fees to the State<br />
and local governments is consistent with the overall goals <strong>of</strong> the funding system.<br />
Under the current system, constitutional <strong>of</strong>ficers collect fees for certain services<br />
as authorized by law. The disposition <strong>of</strong>the revenues from the fees is also specified<br />
by law. In particular, fees collected by clerks <strong>of</strong> court are used to pay for the costs <strong>of</strong><br />
<strong>of</strong>fice personnel and operations. Fees collected in excess <strong>of</strong> the costs <strong>of</strong> operations are<br />
distributed two-thirds to the local government and one-third to the State. Fees<br />
collected by the sheriffs are distributed two-thirds to the State and one-third to the<br />
local governments. Fees collected by the courts for Commonwealth's attorney services<br />
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