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Special Edition of Legislative Bulletin
NOTE: This is a special edition of the Legislative Bulletin prepared for the Feb. 1 VML/VACo Legislative Day for which more than 500 local officials registered.
Transportation overview
The transportation package is experiencing considerable change this week. An overview will be distributed as a separate document.
Eminent domain bills heard in subcommittees
The House Courts of Justice Civil Laws Subcommittee heard most of the House bills on the subject of eminent domain Jan. 29. This is the major eminent domain bill that is supported by the House of Delegates Republican Caucus. Before the committee is HB 2954 (Bell), which makes sweeping changes to the definition of "public use" in condemnation actions.
Despite strenuous opposition by local governments and other statewide organizations, the subcommittee recommended that the bill be reported. Fortunately, the members of the subcommittee recognized that the bill has significant legal and policy defects and instructed the bill sponsor to consider local government amendments prior to presenting the bill to the full committee.
The subcommittee also considered HB 3199 (Athey), which requires condemnors to pay the cost of the landowner's appraisal, up to $10,000. Local governments were deleted from the bill and the subcommittee recommended that the bill be reported. The subcommittee recommended that a number of bills not be reported.
The subcommittee will hear HB 3115 (May) on Wednesday, Jan. 31. This bill provides recovery for damage to the "viewshed" in condemnation cases. Local governments are opposed to the bill. The full House Courts of Justice Committee will consider all of these bills either on Friday, Feb. 2, or Monday, Feb. 5. Please contact members of the committee and urge support for the local government amendments to HB 2954, which properly addresses the Kelo decision without causing harm to needed condemnation authority.
The Senate Courts of Justice special subcommittee on eminent domain will meet Thursday, Feb. 1, to hear all of the Senate bills dealing with eminent domain. The members of the subcommittee are Sens. Thomas K. Norment Jr. (James City), Kenneth W. Stolle (Virginia Beach), Richard L. Saslaw (Fairfax) and Ryan McDougle (Hanover). Local governments are working to reach a compromise with the Office of the Attorney General and craft a bill that will be acceptable to all parties. Please contact members of the subcommittee to urge support for such a compromise bill.
If you have comments or questions on the issue of eminent domain or on any bills that will be considered in the House Courts or Senate Courts Committees, please contact Randy Cook at (804) 746-3773.
Few tax bills remain worrisome
Of the several assessment notice bills that were introduced this year, only one remains - HB 2127 (Hugo), which was introduced at the request of Lt. Gov. Bill Bolling. The bill would require localities to provide individual notice to each real estate taxpayer of certain proposed tax rates. The notice is triggered in any year in which any annual assessment, biennial assessment, or general reassessment at the current rate would result in an increase of 1 percent or more in the total real property tax revenue in the following year, and the locality's proposed rate would yield in the forthcoming year more than 101 percent of the total real estate tax revenue received in the prior year. The individual notice shall include the property owner's current real property tax levy, the real property tax levy at the proposed rate, as well as two incremental levies for potential rate changes between the current tax rate and the proposed tax rate. VML, VACo and Commissioners of Revenue staff are conferring with the bill's patron about improvements to the bill.
A substitute for HB 1937 (Purkey) was introduced at the subcommittee level on Monday, Jan. 28. The bill deals with the definition of "idle equipment" for the machinery and tools tax. The substitute expands the definition of "idle" to exempt ALL business personal property used by any "research and development, technology, high technology or nanotechnology business" (left undefined). We believe that the impact on taxation of computer equipment, as one example, could dramatically reduce local revenue. The notion of an "idle" assembly line is easy to grasp, but dealing with claims of "idle" computers, laboratory, testing and analytical equipment, and even routine furniture and fixtures owned by a "tech" business poses both administrative headaches and a potentially significant revenue loss.
Identical bills HB 2181 (Saxman) and SB 1151 (Wagner) provides a uniform definition and tax treatment for idle machinery and tools on a prospective basis. The new definition allows manufacturers to either (1) stipulate that the equipment has not been used for at least a year prior to tax day and are not expected to be used in the tax year, or (2) notify the locality by April 1 that specific equipment will not be used in the following tax year. Idle equipment is not subject to the machinery & tools tax. The bills are a result of a compromise reached between local governments and the manufacturers. VML, VACo and the Virginia Manufacturers Association support the legislation.
Two similar measures in the House Finance Committee propose to require business license applicants to show proof of legal residency, prior to receiving a business license. The bills are sponsored by Del. Kathy Byron (Campbell). HB 2806 would require Commissioners of the Revenue to "deny any new license and revoke any existing license of any person who is an alien and who cannot provide legal documents indicating that such person is legally eligible to be employed in the United States." HB 3130 says that "No business license 'shall be issued' to any person who is an alien and who cannot provide legal documents indicating that such person is legally eligible to be employed or to work in the United States." HB 3130 was narrowed significantly in subcommittee from a version that required the revocation of licenses from anyone employing a person who is not legally eligible to be in this country. A similar measure, SB 1118 (Cuccinelli), was defeated in the Senate Finance committee, on January 24.
HB 2315 (Welch) originally required that cities with more than 100,000 population would have to have any meals tax increases approved at public referendum. Current law allows cities and towns to levy the meals tax with no referendum requirement. The bill was amended on the floor of the House to include all cities (at the request of the bill patron). The measure passed 57-41. If this measure is approved by the General Assembly, VML believes that it will only be a matter of time before towns are added. (Also, this is in opposition to the goals of counties to have authority for the meals tax without a referendum requirement.) Please let your Senators know that this is a restrictive new requirement on localities. Any restrictions on existing tax sources only serves to place more pressure on the mainstay of local budgets -- the real estate tax.
HB 2640 (Gear) would bar localities from collecting the local vehicle registration fee on any vehicle that is "inoperable" and does not have a current DMV registration. The bill will adversely affect the efforts of a number of localities to use the local license fee as one tool in efforts to address problems posed by junked vehicles.
Bill proposes to eliminate HB 599 funding to localities
Legislation to repeal the Code of Virginia sections governing the HB 599 funding for communities with police departments and redirecting the proceeds of this program to transportation projects in all localities on a pro rata basis, based on population, is before the House Appropriations Public Safety Subcommittee. VML and VACo oppose the HB 2200 (Wardrup). In FY07, $206.5 million was distributed to local governments that qualify for HB 599. Gov. Tim Kaine's proposed budget would distribute $214.7 million to local governments in FY08. Local governments that receive HB 599 funding (39 cities, 9 counties and 128 towns) should contact their members of this subcommittee or the members of the House Appropriations Committee to stress opposition to HB 2200, and to any other efforts to reduce or eliminate this funding to communities with police departments.
Some talking points to remember:
- Public safety is a basic government function. Its importance to the residents of Virginia continues to grows, not diminish, over time.
- While most local governments receiving HB 599 spend considerably more on public safety than they receive from the state, it represents an important funding source for both large and small communities, and helps to reduce the pressure on local real estate taxes.
- For smaller communities, in many instances HB 599 is what enables them to provide 24-hour police coverage.
- The HB 599 program was created in 1979 as part of a legislative package dealing with annexation. HB 599 provided funds to localities with police departments while other legislation made changes in the state law governing annexation and added provisions offering nine counties complete immunity to annexation. The compromise essentially ended the ability of a group of cities (primarily larger ones) to annex. Another group of cities retained the authority to annex until a moratorium on all city-initiated annexation was enacted in the late 1980s. In 2001, legislation was adopted that tied the moratorium on city annexation to the proper funding of the HB 599 program.
- The primary reason for the creation of the HB 599 program was as compensation for the groups of cities that lost the ability to annex in 1979. Another reason was to recognize that while there was state assistance to help pay for sheriffs' departments that covered law enforcement duties in counties, there was nothing similar to assist communities with police departments.
- The state budget earmarks HB 599 funding for local public safety purposes. It has been earmarked since 2004. Further, local government cannot use this funding to supplant funding it provided for public safety services as of June 30, 2004. Some General Assembly members have continued to express comments otherwise.
The members of the House Appropriations public safety subcommittee are: Dels. Sherwood (Winchester); Wardrup (Virginia Beach); Reid (Henrico); Abbitt (Appomattox); Joannou (Portsmouth); Ware, O. (Roanoke); Howell, A.T. (Norfolk).
Homestead constitutional exemption re-referred; tax limiting amendments before committee
The Senate Privileges & Elections Committee reported and re-referred to the Senate Finance Committee a constitutional amendment to direct the General Assembly to authorize localities to exempt or defer property taxes on up to 20 percent of the value of residential or farm property. SJR 354 (Rerras) specifically provides that the local governments would be able to set restrictions and conditions on the exemption, partial exemption, or deferral of real property taxes. The exemption is limited to residential or farm property that is designed for continuous habitation and is the primary dwelling of the owner. A House Privileges & Elections subcommittee will hear a similar House amendment -- HJR 625 (Brink) -- on Wednesday, Jan. 31, at 5 p.m. Both VML and VACO support the amendments.
More worrisome are two other constitutional amendments that a House Privileges & Elections subcommittee has recommended for reporting. These amendments will be before the full House Privileges & Elections Committee at its Friday, Feb. 2, meeting. The meeting is scheduled for 9:30 a.m., but could be moved up.
HJR 586 (Cole) exempts most privately-owned motor vehicles from personal property taxes.
Here are some talking points:
- The revenue from the personal property tax -- both from the state subsidy and the individual taxpayer -- supports critical local services, including public safety and education. In FY05, local governments spent $1.3 billion on law enforcement and traffic control --slightly more than is generated by personal property taxation.
- Elimination of the authority to tax this large group of motor vehicles will place increased pressure on real estate taxes, since local government revenue options are extremely limited.
- Local governments need to retain authority to tax personal property as there simply are too many pressures on the state budget to guarantee that the state will continue to make these payments in perpetuity.
HJR 684 (Frederick) places stringent limitations on state and local government taxing and spending. Here are some talking points:
- Revenue and spending limitations will hamstring the ability of the state and local governments to deal with major, pressing needs in transportation, water quality, the clean up of the Chesapeake Bay, and education.
- Inflation and population are not accurate measures for government because requirements for particular services grow faster than these factors. Examples include service increases required for the elderly, school age children and the disabled, as well as the implementation of federal mandates.
- Elected officials at the state and local level have the responsibility for balancing service demands, while maintaining low taxes.
Del. Scott Lingamfelter of Prince William has introduced a third constitutional amendment (HJR 581) that will be before House P & E on February 2. HJR 581 exempts the principal residence of any permanently and totally disabled veteran from real estate taxation. Local officials support veterans and offer many forms of tax abatement. VML and VACO ask that the General Assembly continue to segregate real estate for local tax purposes. Instead of enacting a constitutional amendment, the associations recommend that the legislature amend existing statutory law to grant local governments the authority to grant these exemptions. Local officials need to register their opposition to these amendments with the members of the House P&E committee. Members of the House P&E Committee include Dels. Putney (Bedford); Ingram (Hopewell); Marshall, R. G. (Prince William); Hargrove (Hanover), Jones, S. C. (Suffolk), Albo (Fairfax); Rapp (York); Cole (Spotsylvania); Cosgrove (Chesapeake); Frederick (Prince William); Fralin (Roanoke); O'Bannon (Henrico); Bell (Albemarle); Miller, J. H. (Manassas); Phillips (Dickenson); Scott, J. M. (Fairfax); Brink (Arlington); Alexander (Norfolk); Joannou (Portsmouth); Sickles (Fairfax); Dance (Petersburg); Englin (Alexandria).
Electric utility restructuring before committee on Jan. 31
The House Commerce and Labor Committee will consider electric utility re-regulation bills at its Feb. 1 meeting (one-half hour after adjournment in House Room D). The Senate Commerce and Labor Committee will take up this issue on Monday, Feb. 5. The Dominion Virginia Power proposal was introduced by Sen. Thomas Norment (James City) in SB 1416. Over the past two weeks, a stakeholder work group facilitated by Chief Deputy Attorney General Bill Mims has developed changes to the Dominion proposal, and on Jan. 29 the restructuring commission endorsed the group's discussion draft as a place to begin the official legislative consideration of re-regulation.
After not being afforded a seat at the work group table, VACo and VML jointly submitted comments to the Attorney General's Office. Our concern in preserving the ability of localities to "pool together" or "aggregate" demand in order to negotiate rates for governmental facilities appears to have been addressed with new language proposed by the work group, at least with regard to contracting with the incumbent utility.
Limitations on shopping for electricity on the open market remain in the discussion draft, although new language does allow for customers to combine their demand in order to reach a five megawatt annual threshold and shop on the open market in certain, limited circumstances as approved by the State Corporation Commission. Senator Norment's bill will be the chief vehicle for re-regulation in the Senate, while HB 3068 (Hogan) will be the House bill carrying the restructuring commission's endorsement. Both patrons indicated that their bills will be amended to reflect most of the discussion draft's provisions, with the addition of some pieces (although we don't know which at this time) of Del. Clark Hogan's (Halifax) bill as introduced. The commission voted to table further discussion of HB 3050 (Morgan), which essentially calls for a return to a regulated cost-of-service system in which the SCC would retain significant control to set rates. Consumer and environmental advocates, manufacturers, small independent power providers, and other stakeholder groups are urging the General Assembly to delay any sweeping action on re-regulation for at least another year to afford everyone more time to consider this important and complex issue.
CSA bills and resolutions before legislature
Two bills that would significantly expand the scope of the mandated population for the Comprehensive Services Act for At-Risk Youth and Families (CSA) are now in committee. These bills were introduced following an Attorney General's opinion issued in December regarding mental health services to children not mandated under the CSA program.
HB 2620 (Fralin) and SB 1332 (Devolites Davis) are identical bills that would add children requiring mental health services not otherwise covered by private insurance or Medicaid, where services are necessary to prevent foster care placement, to the mandated population for whom state pool funds and local match shall be expended. These are children and families who either lack insurance coverage, or their private insurance will not cover mental health services. VML and VACo believe they would be more appropriately served through the mental health system, not as a part of the mandated CSA population. On Jan. 30, a House General Laws subcommittee unanimously recommended reporting a substitute to HB 2620 (the Attorney General's Office and Governor's Office both supported the bill); the bill will be before the full committee on Feb. 1. SB 1332 was assigned to the Senate General Laws Committee, chaired by Sen. Walter Stosch (Henrico). The committee may take up a substitute version of this bill on Wednesday, Jan. 31, at 2 p.m. in Senate Room B. VML, VACo, and the Virginia League of Social Services Executives are attempting to get these bills, which contain a significant state and local impact, referred to the House and Senate budget committees.
Two resolutions affecting CSA are under consideration. HJR 774 (Kilgore) is before the House Rules Committee. This resolution recognizes that children's mental health services should be provided and funded through the state's mental health, mental retardation and substance abuse services system, and that neither the Department of Social Services nor the Office of Comprehensive Services should become the default system for mental health services. It calls for the Secretary of Health and Human Resources to develop budget recommendations for the 2008-2010 biennium that funds and facilitates service delivery through the state's MHMRSAS system.
VML, in cooperation with VACo and the Virginia League of Social Services Executives, worked on development of this resolution. SJR 402 (Hanger) is before the Senate Rules Committee. This resolution asks JLARC to study the fiscal impact of the recent Attorney General's Opinion regarding CSA and services to children with mental health needs who are not a part of mandated population. VACo and VML support this resolution.
Bay bonds bills update
Several bills address funding for Chesapeake Bay clean up. As reported by Senate Finance on Jan. 31, SB 771 (Chichester) would authorize the Virginia Public Building Authority to issue $250 million in bonds for grants to fund nutrient removal technologies at specified publicly owned treatment works but only if no funding is otherwise available to the Water Quality Improvement Fund. The plant upgrades are required to implement Virginia's Chesapeake Bay Tributary Strategies.
The bill provides for the payment of these grants to 89 publicly-owned wastewater treatment plants according to the methodology specified in the Water Quality Improvement Act, with a minimum grant amount of 35 percent of the costs for the design and installation of nutrient removal technology. Similar legislation, HB 1710 (Callahan) is on the House floor. The bill still uses bonds, but only after state general funds have been spent.
HB 1710 provides for a direct appropriation to the WQIF of up to $500 million for grants to upgrade wastewater treatment plants and provides three methods for payment: (i) current funding in the Water Quality Improvement Fund; (ii) future deposits to the Water Quality Improvement Fund; and (iii) the use of Virginia Public Building Authority bonds. Grant payments would be made once 75 percent of the local share of the cost of the construction, expansion, or upgrade has been expended. Also, grants issued after Oct. 1, 2007, would include cost control policies and guidelines. The bill directs DEQ to work with local governments and the conservation community to evaluate the optimal use of existing and potential cost control measures, such as (i) eligible and appropriate costs, (ii) applicability of the Virginia Public Procurement Act, (iii) voluntary nutrient credit trading, (iv) basing grant amounts on facility optimization using full life-cycle cost evaluation, (v) the ability to limit or exclude reimbursements based upon a comparison of costs to upgrade or build versus the purchase of credits, and (6) the ability to prioritize grant agreements based upon the river-basin optimization plans.
Solid waste surcharge bill in committee
Legislation requiring landfill operators to pay a tipping fee for each ton of solid waste received at the landfill is still in a subcommittee of the House Committee on Agriculture, Chesapeake and Natural Resources. Under HB 1945 (Purkey), the proposed fee would increase with the volume of trash disposed of at a landfill. Proceeds would be deposited into the state general fund.
DEQ director could get permitting authority
HB 3113 (Landes) would consolidate the State Air Pollution Control Board, the State Water Control Board, and the Waste Management Board into one eleven-member citizen board -- the Virginia Board of Environmental Quality -- with the authority to adopt regulations. All other responsibilities of the existing boards, including the authority to issue licenses and permits, would be transferred to the Department of Environmental Quality. The House Committee on Agriculture, Chesapeake and Natural Resources considered this bill on Jan. 31 and will hold a special meeting to debate it again before crossover on Feb. 6.
Biosolids bills pass Senate
The Senate has passed two biosolids bills.
SB 1339 (Newman) would shift primary regulatory and enforcement responsibilities from the Virginia Department of Health (VDH) to the Department of Environmental Quality (DEQ). The measure also increases from $2.50 to $7.50 per dry ton the biosolids application fee, and makes it statewide.
SB 1300 (Newman) allows local governments to require special use permits or special exceptions for sewage sludge storage facilities.
SB 1313 (Hawkins) is still pending in the Senate Agriculture Committee. The bill would authorize local governments to certify that a land application permit is consistent with local ordinances.
On Jan. 31, the House Committee on Agriculture, Chesapeake and Natural Resources reported as its prime biosolids vehicle HB 2802 (Byron), which has provisions that are similar to SB 1339.
Finally, HJR 694 (Byron) is a study resolution pending in the House Rules Committee that would convene a panel of experts to study human health and environmental impacts.
Environmental bills could help local governments
The House unanimously passed HB 3133 (Morgan), requiring the Department of Environmental Quality to develop a post-closure guidance document for landfills that stopped receiving waste prior to Oct. 9, 1993. This bill would provide relief for counties that have assumed the onerous financial burden of monitoring pre-"Subtitle D" landfills.
The Senate Agriculture Committee reported SB 821 (Devolites Davis), a bill that allows local governments to impose penalties of up to $1,000 for each violation of their erosion and sediment control ordinances. Currently, maximum penalties for E&S violations may not exceed $100 per incident. A companion measure, HB 2568 (Shannon), is being considered by the House Agriculture Committee.
Bill restricting regulation of fertilizer significantly improved
On Jan. 29 the Senate Agriculture Committee amended SB 1061 (Watkins), significantly improving the bill for local government and alleviating concerns over safe fertilizer storage and nutrient runoff management. While the bill restricts local governments from regulating the "registration, packaging, labeling, sale and distribution" of fertilizers, it does clarify that local government regulation of fertilizer application is permissible if conducted in a manner "consistent with" requirements of the Chesapeake Bay Preservation Act, or other nonpoint source regulations issued by the Department of Conservation and Recreation. The bill also clarifies that its provisions do not affect regulations associated with the Statewide Fire Prevention Code and the Uniform Statewide Building Code. The bill is on the Senate floor.
Photo-red bills reported
A substitute bill that takes the parts of four House bills dealing with technology to catch motorists running red lights was reported out of a House Transportation subcommittee Jan. 24; the full committee is scheduled to meet Saturday, Feb. 3. HB 1683 (McQuigg) gives the option to any locality to use this technology to catch red light runners.
Some other specifics of the substitute bill include: capping each offense at $50; limiting cameras to no more than one intersection for every 10,000 residents; purging of information on specific violations; monthly evaluation of the technology to make sure that it is working; posting of signs be placed within 500 feet of the applicable intersections; and, finally, conducting public awareness programs. Please visit members of the House Transportation Committee to voice your support for HB 1683. Remind committee members that these cameras are the same technology that is used to catch individuals who do not pay tolls, which was voted out of committee unanimously last year. However, these cameras save lives!
Bills reported allowing billboards to be relocated
SB 1102 (Williams) and HB 2128 (Hugo) will take away a locality's ability to do away with nonconforming billboards and allow billboards to be relocated in a locality if a road is widened or land is taken under eminent domain. HB 2128 has passed the House and is now before the Senate. SB 1102 was on the Senate floor awaiting final passage on Jan. 31.
Bill to limit locality's ability to regulate shooting reported from subcommittee
HB 3109 (Janis) will limit a locality's ability to prohibit hunting generally within a half-mile of a subdivision. The locality will still be able to limit hunting within a subdivision. This bill was reported out of a House Militia and Police subcommittee and will be recommended for reporting at the full committee on Friday, Feb. 2. Testimony is usually not heard at full committee. However, it's helpful to voice your opposition to the bill to your legislator prior to the full committee meeting.
Wine bills affect local land-use authority
Three pieces of legislation have been introduced that affect the authority of localities to regulate events and activities at Virginia wineries.
Sen. Emmett Hanger's SB 1205 results from a study and recommendation from the Secretary of Agriculture and Forestry that included local government participation. This bill enumerates certain activities that wineries can participate in with out a special exception or conditional use permit.
HB 2493 (Albo) seeks to revise legislation enacted in the 2006 session that provided several exemptions from local land use regulation for farm wineries. This bill will be heard in full committee on Friday at 7:30 in House Counties Cities and Towns.
Albo also has HB 3120, which in its original form removed land use regulation from localities and turned it over to the State ABC Board. As amended, the bill allows farm wineries to have storage and wholesale facilities on the property. This bill will be heard on Thursday, Feb. 1, one-half hour after adjournment in the House General Laws Committee. We continue to work Sen. Emmett Hanger and Del. David Albo, and other stakeholders, on this matter to protect the land-use authority of local governments. Three bills that allow wineries to self distribute remain alive: HB 2450 (Saxman), SB 1062 (Watkins) and SB 1413 (Hanger).
FOIA changes proposed
A number of bills are pending that propose revisions to the Freedom of Information Act, and that will assist local governments.
Several of these bills seek the authority for localities to meet electronically in case of emergency -- SB 1271 (Whipple) and HB 2553 (Ebbin).
In addition, Sen. Edd Houck (Spotsylvania) has introduced SB 1001, which allows a member of a local public body to join a meeting electronically under certain circumstances.
SB 1106 (Chichester) and HB 3097 (Cole) would exempt from disclosure certain personal information included in constituent communications with their local officials.
A number of these bills will be heard in the House General Laws Committee on Thursday, Feb. 1, one-half hour after adjournment.
Education update
Waivers from No Child Left Behind sought: HB 2542 (Del. Landes, Augusta) and SB 1212 (Sen. Hanger, Augusta) require the Board of Education to request a waiver from No Child Left Behind (NCLB) provisions that are not an integral part of the state’s accountability and if such waivers are not received, it directs the state to withdraw from NCLB. SB 1212 has already passed the Senate, while HB 2542 has been approved by committee and sent to the House floor.
School textbook bill amended makes it through the House. HB 2556 (Del. Frederick, Prince William) requires schools to have enough textbooks available to provide each student a copy that may be used at home. The bill passed the House on a narrow 51-47 vote, and is now in the Senate.
School bus contract authority advances to Senate. The House has approved HB 2302 (Del. Cole, Spotsylvania), which allows local school boards to contract with private schools in order to provide school transportation to private school students. Despite concerns expressed by local school boards regarding the already strained school bus system, the committee reported the bill – largely based on it being optional. A similar bill passed the House last year and was defeated in the Senate.
Let your voice be heard on proposed budget amendments!
There are a number of items in the budget proposed by Gov. Tim Kaine, as well as budget amendments proposed by members of the House and Senate that deserve local government attention and support. Some of the items in the Kaine budget proposal include:
- Enhanced retirement benefits for sheriffs' deputies. Increase of $11.5 million in FY 2008 for payments to counties, cities, and regional jail authorities that provide enhanced retirement benefits through the Law Enforcement Officers Retirement System (LEOS) to sheriff's deputies. Funding is for those localities and authorities that provide the enhanced benefits as of May 1, 2008. State funding would range from $600 to $1,825 for each state-funded position, based on the local fiscal stress index. The localities judged to be the most affluent would receive $600, and the localities measured to be the least affluent would receive higher amounts. Both the House and Senate are considering bills and budget amendments on this issue.
- Increase retirement multiplier for State Police; retain current multiplier for LEOS. Adds $2.3 million in general funds and $533,000 in nongeneral funds in FY2008 to pay for the cost of increasing the multiplier for state police troopers receiving enhanced retirement benefits under the State Police Officers Retirement System (SPORS). Further, Item 143 of the budget further retains the current multiplier for local public safety personnel receiving enhanced benefits from the Law Enforcement Officers System. Up until now, any benefit changes in the state program were automatically made applicable to the local program.
- State supported local employees. The budget includes employees of local community corrections programs and pre-trial services programs in the list of local employees eligible for state funding of salary increases.
- Teacher salary increases. $63.9 million to fund the state's share of a three percent salary increase for state-supported positions, effective Dec. 1, 2007 (the prior budget supported a 1½ percent raise for instructional positions). Localities would have to give at least a 1.75 percent increase in order to qualify for the funding, as the funding is available as an incentive rather than a mandate.
Notable House & Senate budget requests, include the following:
- Eliminate the local match for the Auxiliary Grant Program (Item 337 # 2h). Del. Phil Hamilton (Newport News) proposes almost $6.5 million to pay the local share of monthly payments to the AG Program. Local governments currently pay a 20 percent match. Auxiliary grants are payments made on behalf of eligible low-income, aged or individuals with disabilities for housing-related costs in assisted living facilities. The cost of this program disproportionately affects a select number of cities and counties because the lower-cost assisted living facilities that accept Auxiliary Grant recipients are mostly located in communities with older housing stock or in areas bordering Tennessee and North Carolina. No matter what state or community the individuals come from, the locality in which the assisted living facility is located usually ends up paying the local match for this program.
- Increase CSA state administrative funding (Item 279#1h). Del. Phil Hamilton (Newport News) proposes an additional $4.2 million in state funds in 2008 for local Comprehensive Services Act for At-Risk Youth and Families (CSA) administration. The state share of administrative funding has not increased since 2000. Currently, the state provides $1.5 million annually to localities, who administer this highly complex program on behalf of the state. In FY05, nearly 73 percent of local governments received less than $10,375 in state funds to help administer CSA. JLARC's 2006 report on the CSA program recommended greater state funding of local administrative costs.
- State employee salary increases (Item 461 #2s). Sen. Walter Stosch (Henrico) proposes $37.4 million in FY08 to increase the FY 09 salary increase for state classified and state-supported local employees from 3.0 percent to 4.5 percent.
- (Item 461 #2h) Del. Lacey Putney (Bedford) proposes $65.6 million to increase the FY 08 salary increase for state classified, state-supported local employees and college faculty effective Nov. 2007 from 3 percent to 6 percent.
Direct aid to education
- School construction grants program. (Item 135 #1h) Del. Phil Hamilton (Newport News) proposes $27.5 million in FY08 to restore funding for the school construction grants program. The funding was cut by half in 2002.
- Virginia Preschool Initiative. (Item 135 #14h) Del. Bob Tata (Virginia Beach) proposes $15.5 million in FY 08 to increase the state's share of a per pupil amount from $5,700 to $6,000 for the Virginia Preschool Initiative.
Dead bills
The following bills of interest to local officials have been defeated or withdrawn:
HB 1752 (R. Marshall), providing that school boards retain any surplus at the end of the fiscal year, instead of reverted back to the locality.
HB 2093 (Tata), the Board of Education's bill increasing staffing standards under the Standards of Quality.
HB 2176 (BaCote), allowing local governments to adopt ordinances prohibiting people from carrying firearms in public libraries.
HB 2109 (Carrico), including deputies in the Law Enforcement Officers Procedural Guarantee Act
HB 2193 (Hull), equalizing municipal and county taxing authorities.
HB 2428 (Albo) was stricken by the patron at the insistence of VML/VACO. The bill would have extended worker's compensation benefits to family members of emergency workers for certain diseases contracted by the emergency worker and transmitted to the family member.
HB 2405 (Athey), regarding carrying of concealed firearms.
HB 2406 (Athey), regarding carrying of handguns in private motor vehicles or boats.
HB 2412 (Athey), prohibiting local governments from euthanizing animals in gas chambers.
HB 2443 (Frederick), eliminating the BPOL tax, resulting in the loss of more than $560 million statewide to counties, cities and towns.
HB 2497 (Crockett-Starke), increasing staffing standards for school nurses.
HB 2503 (Toscano), amending the definition of development rights.
HB 2516 (Carrico), requiring law enforcement agencies with fewer than 100 employees to begin counting vacation and sick leave time as "hours worked" when computing an employee's overtime compensation.
HB 2634 (Reid), placing a sunset clause on tax legislation.
HB 2725 (McClellan), giving the Virginia Department of Labor and Industry the authority to fine the state and local governments for OSHA violations.
HB 3004 (J. Scott), prohibiting local governments from euthanizing animals in gas chambers.
HB 3033 (Bell), permitting the severance and transfer of development rights from a sending property without requiring those rights to be immediately affixed to a specific receiving property.
SB 767 (Locke), allowing localities to prohibit firearms in libraries.
SB 776 (Cuccinelli), Law-Enforcement Officers Procedural Guarantee Act; changes as to process and procedures.
SB 851 (Lambert), allowing members of councils and boards of supervisors to participate in VRS.
SB 950 (Quayle), prohibiting local governments from adopting ordinances regulating use of muzzle loading rifles.
SB 1254 (Herring), SB 817 (Cuccinelli) and HB 2814 (Sickles), making it clear that a locality may deny a rezoning if the off-site roads are inadequate for the extra burdens created by the new development resulting from a rezoning.
SB 1377 (Herring), regarding water rates towns can charge non-residents.
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