Now what? General Assembly reconvenes April 4

The General Assembly will return to Richmond on April 4 to review Gov. Tim Kaine’s 10 vetoes and 113 amendments to legislation passed during the 2007 session.

Here’s a summary of what can happen next:

Vetoes. The legislature can override a governor’s veto by a vote of two-thirds of the members present of both the House and the Senate. If his veto is overridden, then the bill becomes law in the form that it was sent to the governor. If either the House or the Senate does not override the governor’s veto, then the bill does not become law.

Amendments. (1) The legislature can accept an amendment with a simple majority vote of both the House and the Senate, and the bill will become law with the governor’s amendment. (2) If there is more than one amendment to a bill, the legislature may take separate action on each amendment, or consider them in a block. If only some of the amendments to a bill are rejected, then the bill with only the accepted amendments is returned to the governor who may either sign or veto the bill in its new form. The governor must take action within 30 days of the reconvened session. (3) Either the House or the Senate may determine by a simple majority vote that the governor’s amendments are not “specific and severable” and then the bill is before that house in the form that it was sent to the governor. The bill then may be sent to committee for amendment. Whatever new version is adopted by both the House and the Senate is sent to the governor, who may sign or veto the bill in its new form. Again, the governor must take action within 30 days of the reconvened session. (4) A vote of two-thirds of each house is required to reject a governor’s amendment AND have the bill become law in the form that it originally was sent to the governor.

Contact legislators to support veto of billboard bill

The governor vetoed HB 2128 (Hugo), which would have allowed billboards to be relocated on a parcel if the land under the billboard was acquired for road widening or construction. The height or angle of the billboard also could have been changed. Contact your legislators and ask them to support the veto. VML worked hard to get the votes to kill the companion Senate bill, so we need to put as much effort into supporting the governor’s veto of the House bill.

When contacting your legislator, here are several talking points:

• the bill could force localities to violate their own local zoning and other ordinances, by forcing billboard placements in inappropriate areas;
  
• local officials would be powerless to prevent billboard relocations that are incompatible with the local surroundings; and,
  
• the House defeated the companion bill, SB 1102, by a vote of 40-58, which shows the growing concern over the impact the bill would have in communities.
  

Governor amends transportation bill

The governor amended funding and other parts of the transportation bill – HB 3202 (Howell) -- making the measure better for most of Virginia’s local governments. The changes lessen reliance on the state general fund for transportation, and increase funding for transit. There are more bond funds for highway construction – a total of $3 billion. This debt will be supported by dedicating one-third of insurance premiums to existing and new debt payments, effectively freeing up the construction funding that is now going to pay existing debt.

The amendments also add impact fee authority (transportation only) to all high growth localities, including certain by-right development. The amendments dedicate additional new revenues to maintenance (diesel fuel equalization and 1-cent of the state’s recordation tax). Changes to the regional packages include a local option (not mandatory) increase of up to 10 cents on the commercial property tax in Hampton Roads, and a similar optional increase of 10 cents to 25 cents in Northern Virginia. The amendments add authority for a one-percent additional registration fee as well as a sales tax on auto repairs in both regions.

(A March 27 Legislative Bulletin provides more details of HB 3202.) VML recommends that local officials support the governor’s amendments to the bill.

Photo-red: Additional requirement added for Northern Virginia

SB 829 (Davis) was amended to allow each locality in Planning District 8 (Northern Virginia) to install photo-monitoring systems at no more than 10 intersections, or at no more than one intersection per 10,000 residents. Each locality may choose which option to follow. For the remainder of the state, a locality can have a photo monitoring system at one intersection per 10,000 residents.

Notice of increased real estate assessments

Kaine amended a bill that would require local governments to give 30 days notice of the public hearing on the setting of the real estate tax rate (instead of the current seven days notice). The governor amended SB 1063 (Rerras) to change the notice to 14 days, which recognizes the tight schedule local governments face in the budget adoption process. The current notice provision is seven days. Local officials should encourage their legislators to support the amendments.

Budget amendments

Enhanced retirement benefits for sheriffs

Item 59. The appropriations act, as passed, required the governor to include funding in future budget recommendations for localities that provide enhanced retirement benefits to deputy sheriffs and jail officers. [Localities must elect to do so before July 1, 2008, to be eligible for this state funding.] Kaine’s amendment makes the requirement a recommendation from the General Assembly.

Item 143. Kaine’s amendment deletes the language in the introduced budged that set the multiplier for State Police at 1.85 percent but that retained the 1.70 percent multiplier for sheriffs. The language in the introduced budget was in conflict with language in SB 1166 (Stolle), which the governor signed. The effect of this change is to make it crystal clear that the retirement multiplier for sheriffs will increase to 1.85 percent, as required in SB 1166.

Abusive driver program administrative cost

Item 435. This amendment will permit the governor to authorize sufficient administrative costs to implement the abusive driver program if vendor bids to operate the program exceed 13 percent of the projected revenues. Abusive driver fees are a proposed source of funding for the statewide transportation plan, HB 3202 (Howell).

Highway maintenance funding to localities hosting port facilities

Item 454. This amendment clarifies the disbursement formula to be used to distribute additional road maintenance funding provided to localities that host Virginia Port Authority facilities. The road maintenance funds are to be transferred to the localities by the Commonwealth Transportation Board based on the amount of cargo being shipped through each facility.

Religious freedom protection bill amended

The governor has recommended two significant amendments to HB 3082 (Lingamfelter), the state version of the federal Religious Land Use and Institutionalized Persons Act.

The first amendment excludes from the act a number of state and local entities: the Departments of Corrections, Juvenile Justice, and Mental Health, Mental Retardation and Substance Abuse Services, and any local, regional or federal correctional facility.

The second amendment limits the bill by stating that the section shall not be used to prevent any governmental institution or facility from maintaining health, safety, security or discipline.

Electronic voting equipment changes deferred

The governor proposed amending HB 2707 (Hugo) and SB 840 (Davis) to make the bills apply to voting equipment purchased after July 1, 2008. The bills as passed by the General Assembly prohibited the purchase of direct recording equipment voting machines (touch screens) after July 1, 2007; the amendment postpones the prohibition for a year.

Overcrowding penalties in zoning ordinance

HB 2261 (Rust) would authorize additional penalties for violation of the zoning ordinance provision limiting the number of unrelated people who could live in a residence. The governor’s substitute simply increases the maximum penalty for all zoning ordinance violations to $2,000 from $1,000 for a first violation, or $2,500 for subsequent violations in each 10-day period. The increased fines would apply to any violation, which benefits local governments.

Annexation moratorium extension bill vetoed

The governor vetoed HB 1979 (Lohr), which would have extended the current moratorium on city-initiated annexation to 2020 from 2010. The governor said that there was no rush on this extension, and that the legislature should study the impact of the annexation moratorium on cities. VML appreciates very much the governor’s action on this bill.

Re-regulation of electricity

The governor’s amendments to the bill that would re-regulate electricity in the state -- HB 3068 (Hogan) -- do not affect local governments. Localities retain the authority to join together to negotiate favorable rates for their facilities and operations.

Eminent domain procedures

The governor’s amendments to HB 3199 (Athey) add requirements that appraisals of land for condemnation meet the Uniform Standards of Professional Appraisal Practice.

Fire prevention inspections of church and other religious schools

The governor vetoed HB 2048 (McQuigg), which would amend the fire inspection rules by prohibiting charging a fee for inspecting religious schools (those run by religious institutions). The governor said that the bill may not be constitutional.

Biosolids storage

The governor amended the bill that would allow local governments to adopt ordinances requiring special use permits for the storage of sewage sludge. The amendment to SB 1300 (Newman) adds an emergency clause, which means the legislation would take effect upon passage.

CSO funding for Richmond, Lynchburg

SB 1301 (Newman) would ensure that funding be provided for combined sewer overflow (CSO) projects in Lynchburg and Richmond by allowing access to the reserve account portion of the Water Quality Improvement Fund. This helps alleviate pressure on the non-point source portion of the Water Quality Improvement Fund.

Bay bonds legislation amended

The governor amended the bills providing for the issuance of up to $250 million in bonds by the Virginia Public Building Authority to help clean up the Chesapeake Bay. Under SB 771 (Chichester) and HB 1710 (Callahan), proceeds from the bond sales would be used to provide grants for installation of nutrient removal technologies at specified public treatment works and non-significant discharge sites to implement the Chesapeake Bay Tributary Strategies. The amendments call for a legislative review of future funding needs and appropriate mechanisms for such funding. The remaining amendments are technical changes that clarify the process for issuing bonds.

Local tax and vehicle license fee exemptions for firefighters and emergency medical technicians

The governor’s amendment to HB 2362 (Scott) would limit to one each the number of local tax and vehicle license fee exemptions for firefighters and emergency medical technicians.

Highway access management standards

SB 1312 (Hawkins) would require the commonwealth transportation commissioner to develop and implement comprehensive highway access management standards for managing access to and preserving and improving the efficiency of the state highway system. The standards are to be published by Dec. 31, 2007. The governor’s amendment makes the standards effective on July 1, 2008.

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