Any Lawyers Reading This?

I am not a lawyer, nor am I familiar with the Virginia Code or the Dillon Rule.

But I would love to hear from someone who is!

I've been trying to find additional revenue opportunities for Fairfax County, to help with the budget shortfall. I thought I found something interesting in the Virginia Code, but I am not certain how things written in the Code work--do counties still need to get permission from the state, or can they act on what is written in the Code?

Here's the section I found interesting (cut and pasted from the Code with quotation marks added by me):

Virginia Code § 42.1-33. Power of local governments to establish and support libraries.

“The governing body of any city, county or town shall have the power to establish a free public library for the use and benefit of its residents. The governing body shall provide sufficient support for the operation of the library by levying a tax therefor, either by special levy or as a fund of the general levy of the city, county or town. The word "support" as used in this chapter shall include but is not limited to, purchase of land for library buildings, purchase or erection of buildings for library purposes, purchase of library books, materials and equipment, compensation of library personnel, and all maintenance expenses for library property and equipment. Funds appropriated or contributed for public library purposes shall constitute a separate fund and shall not be used for any but public library purposes.”

Does this mean Fairfax County can establish a special tax and dedicate the funds to the library system? If so, a 1/4 of 1% sales tax should more than cover the Fairfax County Public Library system, and that money could be shifted to the county's other budget needs.

I'm not sure what to think of the Code wording and whether this is a revenue opportunity or not. I'd appreciate hearing from someone who does know. I've asked this question a few places and heard varying responses--none very solid. I'm waiting to hear from one of our local officials' offices; they are looking into it.