15.2-953 - Donations to charitable institutions and associations, volunteer and nonprofit organizations, chambers of commerce, etc.

§ 15.2-953. Donations to charitable institutions and associations, volunteerand nonprofit organizations, chambers of commerce, etc.

A. Any locality may make appropriations of public funds, of personal propertyor of any real estate and donations to the Virginia Indigent Health CareTrust Fund and to any charitable institution or association, located withintheir respective limits or outside their limits if such institution orassociation provides services to residents of the locality; however, suchinstitution or association shall not be controlled in whole or in part by anychurch or sectarian society. The words "sectarian society" shall not beconstrued to mean a nondenominational Young Men's Christian Association, anondenominational Young Women's Christian Association, Habitat for Humanity,or the Salvation Army. Nothing in this section shall be construed to prohibitany county or city from making contracts with any sectarian institution forthe care of indigent, sick or injured persons.

B. Any locality may make gifts and donations of property, real or personal,or money, to (i) any charitable institution or nonprofit or otherorganization, providing housing for persons 60 years of age or older, oroperating a hospital or nursing home; (ii) any association or otherorganization furnishing voluntary fire-fighting services; (iii) any nonprofitlifesaving crew or lifesaving organization, or rescue squad, within oroutside the boundaries of the locality; (iv) nonprofit recreationalassociations or organizations; (v) any nonprofit organization providingrecreational or daycare services to persons 65 years of age or older; or (vi)any nonprofit association or organization furnishing services to beautify andmaintain communities and/or to prevent neighborhood deterioration. Gifts ordonations of property, real or personal, or money by any locality to anynonprofit association, recreational association, or organization described inprovision (iv), (v), or (vi) may be made provided the nonprofit association,recreational association, or organization is not controlled in whole or inpart by any church or sectarian society. Donations of property or money toany such charitable, nonprofit or other hospital or nursing home, institutionor organization or nonprofit recreational associations or organizations maybe made for construction purposes, for operating expenses, or both.

A locality may make like gifts and donations to chambers of commerce whichare nonprofit and nonsectarian.

A locality may make like gifts, donations and appropriations of money toindustrial development authorities for the purposes of promoting economicdevelopment.

A locality may make like gifts and donations to any and all public andprivate nonprofit organizations and agencies engaged in commemoratinghistorical events.

A locality may make like gifts and donations to any nonprofit organizationthat is exempt from taxation under § 501(c)(3) of the Internal Revenue Codethat is engaged in providing energy efficiency services or promoting energyefficiency within or without the boundaries of the locality.

A locality may make like gifts and donations to nonprofit foundationsestablished to support the locality's public parks, libraries, and lawenforcement. For the purposes of this paragraph, "donations" to any suchfoundation shall include the lawful provision of in-kind resources.

A locality may make monetary gifts, donations and appropriations of money toa state college or university which provides services to such locality'sresidents.

Public library materials that are discarded from their collections may begiven to nonprofit organizations that support library functions, including,but not limited to, friends of the library, library advisory boards, libraryfoundations, library trusts and library boards of trustees.

C. Any locality may make gifts and donations of personal property and maydeliver such gifts and donations to another governmental entity in or outsideof the Commonwealth within the United States.

D. Any locality may by ordinance provide for payment to any volunteer rescuesquad that meets the required minimum standards for such volunteer rescuesquads set forth in the ordinance, a sum for each rescue call the volunteerrescue squad makes for an automobile accident in which a person has beeninjured on any of the highways or streets in the locality. In addition,unless otherwise prohibited by law, any locality may make appropriations ofmoney to volunteer fire companies or rescue squads in an amount sufficient toenroll any qualified member of such volunteer fire company or rescue squad inany program available within the locality intended to defray out-of-pocketexpenses for emergency ambulance transportation.

E. For the purposes of this section, "donations" shall include the lawfulprovision of in-kind resources for any event sponsored by the donee.

F. Nothing in this section shall be construed to obligate any locality toappropriate funds to any entity. Such charitable contribution shall bevoluntary.

(Code 1950, §§ 15-16, 15-16.1, 15-16.2; 1952, c. 381; 1959, Ex. Sess., c. 36;1960, cc. 50, 225, 453; 1962, c. 623, §§ 15.1-24, 15.1-25, 15.1-26; 1964, c.32; 1974, c. 514; 1994, cc. 254, 317; 1995, c. 333; 1997, c. 587; 1998, c.376; 1999, c. 430; 2003, c. 182; 2004, c. 272; 2005, c. 327; 2006, c. 118;2007, cc. 292, 592, 641; 2008, cc. 612, 632; 2010, cc. 509, 600.)