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VML shortens Legislative Bulletin; legislative tracking chart forthcoming
This year's Legislative Bulletins are shorter than those produced in recent years. VML staff is trying to ensure that articles are shorter and more focused on legislative priorities. The staff felt that the bulletins had become too long for local officials to manage. We are exploring ways to make sure that readers have access to enough information without being overwhelmed. Next week the Legislative Bulletin will include a tracking chart that will enable the readers to get a quicker overview of legislation of interest to local governments. Comments are welcome. Staff contact: Mike Amyx (mamyx@vml.org)
Bill could prohibit localities from paying professional dues of staff
SB 338 (Cuccinelli) prohibits state and local governments from using public money to pay for membership in professional organizations. It exempts payments where a license must be kept up as a condition of employment, such as state bar dues for the local attorney.
Although the bill would prohibit a locality from paying dues for ICMA, the Local Government Attorneys Association of Virginia or similar organizations, that is not its intent, according to a staff member who works for the patron of the bill. VML is working to resolve the problems with the wording. We will contact members if we can't fix the legislation, but as of this writing, it isn't necessary to call your legislators. Staff contact: Mark Flynn (mflynn@vml.org).
Governor calls for repeal of abusive driver fees
Declaring that "part of our transportation package clearly is not working," Gov. Tim Kaine asked the General Assembly on Wednesday night to pass legislation to repeal the abusive driver fees passed last year as part of the 2007 transportation package.
The abusive driver fees were part of a legislative package designed to generate the first significant increase in state transportation funding in 20 years. The fees, which impose significant penalties on Virginia drivers who commit serious traffic offenses, do not apply to drivers from out of state. Virginians complained bitterly about the fees when they took effect last summer. In addition, they are not generating the amount of anticipated revenue or reducing traffic fatalities. Kaine did not suggest how the fees, which were estimated to yield $385 million over six years, should be replaced.
A number of delegates and senators have already proposed the repeal. Several Senate bills would repeal the civil fees on abusive drivers, and refund any abusive driver fees already paid, with interest: SB 1 (Houck), SB 4 (Puller), SB 6 (Lucas), SB 42 (Reynolds), SB 57 (Colgan), and SB 85 (Cucinelli). The Senate Transportation Committee re-referred the bills to the Senate Committee on Courts of Justice.
HB 154 (Nichols), HB 747 (Caputo) and HB 1188 (Moran) also repeal the fees and provide for refunds. HB 490 (Amundsen) repeals abusive driver fees, and increases the motor vehicle fuels tax rate by $0.015 per gallon from $0.175 to $0.19. The bill also refunds abusive driver fees, plus interest. HB 448 (Rust) would make abusive driver fees apply to anyone who drives on Virginia highways, whether licensed to operate a motor vehicle in Virginia or not. This is contrary to current law, which limits application to Virginia drivers. The House bills have not yet been referred to a committee. Staff contact: Denise Thompson (dthompson@vml.org).
Bill expands overtime laws for police and fire to small localities
SB 269 (Deeds) would expand Virginia's overtime rules for police and fire personnel to all local governments by eliminating the exemption for localities with fewer than 100 police or fire employees.
The original legislation, passed in 2001, imposes higher standards for paying fire and police overtime rates than the federal law on the subject. In addition to costing more for overtime than the federal law requires, it creates additional administrative work for the locality's administration.
The bill has been assigned to a subcommittee of the Senate Courts of Justice Committee. VML encourages you to ask your senator on the committee to oppose the bill, which would harm local budgets and cause administrative headaches. The bill is slated to be heard by a subcommittee on Monday.
The members of the subcommittee are:
Member Name Capitol Office E-mail Address Cuccinelli, Ken, II (804) 698-7537 district37@sov.state.va.us Deeds, R. Creigh (804) 698-7525 district25@sov.state.va.us Edwards, John S. (804) 698-7521 district21@sov.state.va.us Lucas, L. Louise (804) 698-7518 district18@sov.state.va.us Obenshain, Mark D. (804) 698-7526 district26@sov.state.va.us Puller, Toddy (804) 698-7536 district36@sov.state.va.us Quayle, Frederick M. (804) 698-7513 district13@sov.state.va.us Staff contact: Mark Flynn (mflynn@vml.org).
Unexpended funds bill introduced again
HB 449 (Rust) provides that money appropriated by a locality to a school board, but not spent by the end of the year, be reappropriated to the school board instead of reverting to the locality. Current law requires that the money revert to the locality. The bill is in the House Education Committee, which meets Mondays at 9 a.m. and Wednesdays at 8:30 a.m. The bill is not yet on the docket for the Jan. 14 meeting. Del. Robert Marshall introduced similar legislation last session, which failed in committee. VML opposes the legislation. Local governments should retain the authority of appropriation. Staff contact: Mary Jo Fields (mfields@vml.org)
House, Senate committee assignments announced
House and Senate committee assignments were announced Wednesday. House assignments (PDF) | Senate assignments (PDF)
Many mental health bills introduced
As expected, a flood of bills dealing with mental health issues has begun. More than 66 bills have been introduced and divied up among a number of committees in both chambers. House Courts of Justice has created a subcommittee for mental health bills. The subcommittee met today to begin hearing testimony on the legislation before it. Other committees will begin looking at bills before them next week.
A number of the bills cover the same, or similar issues. Issues with a number of bills addressing them include involuntary commitment procedures and requirements, emergency custody orders, and involuntary mental health treatment. Bills with a fiscal impact that make it through a committee will likely be referred to the House Appropriations and Senate Finance Committees for additional action.
VML will identify and report on the bills with a direct effect on local governments.
Staff contact: Janet Areson (jareson@vml.org).
CSA getting more than a fair share of legislation, too
The Comprehensive Services Act for At-Risk Youth and Families (CSA), a perennial issue of concern to local governments and a legislative priority for VML, is getting much attention this year. More than a dozen bills have been introduced on the various facets of CSA. Some seek to place additional requirements on local governments for record-keeping or reporting or other administrative work for this complex and costly program.
These bills are in addition to the initiatives introduced by Gov. Tim Kaine in the proposed 2008-2010 budget. VML and other local partners continue to talk with the Kaine administration about these initiatives and addressing the local impact of them.
Staff contact: Janet Areson (jareson@vml.org).
Public safety bills introduced
HB 231 (Cosgrove) allows a law-enforcement officer to arrest a person for speeding without the requirement that he wear a uniform, only that he display a badge. Referred to Committee on Militia, Police and Public Safety.
HB 338 (McClellan) allows a locality to charge an administrative fee for the review of the emergency plans of nursing homes, assisted living facilities, adult day care centers, and child day care centers located within the locality. Localities that have an emergency management agency are currently authorized to require such a review. Referred to Committee on Militia, Police and Public Safety.
Law enforcement officers procedural guarantee act
HB 100 (Poisson) includes deputy sheriffs under the coverage of the Law-Enforcement Officers Procedural Guarantee Act. Referred to Committee on Militia, Police and Public Safety.
SB 76 (Cuccinelli) makes several changes as to the process and procedures afforded to officers under the procedural guarantee act and setting forth specific procedures for the questioning of officers and the conduct of a disciplinary hearing. Referred to Senate Courts, Civil subcommittee.
SB 355 (Deeds) makes several changes in the process and procedures afforded to officers under the procedural guarantee act, including right to counsel, notice of allegations, and a prohibition against a complaining officer being in charge of an investigation. The bill also grants the officer under investigation an opportunity to review the file at the conclusion of the investigation. Referred to Senate Courts of Justice Committee.
Firearms legislation abounds
HB 109 (Cole) prohibits a state agency, council, commission, or other entity from adopting any rules, regulations, or policies governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combinations thereof, unless expressly authorized by statute. The prohibition does not apply to state, local, and regional correctional facilities or mental health facilities, nor is it to be construed to prohibit a law-enforcement officer from acting within the scope of his duties. Any rule, regulation, or policy adopted prior to July 1, 2007, except for those specifically authorized by statute, will be invalid. Referred to Committee on Militia, Police and Public Safety.
HB 136 (Peace) defines "school" for the purposes of prohibiting weapons on school grounds as any public school from kindergarten through grade 12 operated under the authority of any locality within the Commonwealth, or any private or religious school that offers instruction at any level or grade from kindergarten through grade 12. Currently the definition is limited to any elementary, middle, or secondary school. Referred to Committee on Militia, Police and Public Safety.
HB 212 (Cole) repeals local authority to impose a license tax of not more than $25 on persons engaged in the business of selling pistols and revolvers. Also, a record keeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records. Referred to Committee on Militia, Police and Public Safety.
HB 371 (Carrico) requires a locality to pay attorney fees resulting from taking certain actions prohibited with regard to firearm control. Referred to Committee on Militia, Police and Public Safety.
HB 1292 (Athey) creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is locked in a container or compartment. This bill has not yet been assigned to a committee. The companion bill, SB 436 (Sen. Jill Holtzman Vogel, ) has been referred to Senate Courts of Justice.
HB 1371 (Gilbert) prohibits a state entity, including the board of visitors of a state institution of higher education, from prohibiting the possession of a handgun on state property by a person with a valid concealed handgun permit, unless expressly authorized by statute to adopt such a rule, regulation, or policy. Committee referral is pending.
SB 33 (Locke) allows a locality to adopt an ordinance that prohibits firearms, ammunition, or components or combinations thereof at outdoor theaters, cabarets, carnivals, and fairs at which 500 or more persons are authorized to lawfully attend. Referred to Senate Local Government.
SB 476 (Hanger) prohibits a person who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises. Referred to Senate Courts of Justice Committee.
Firearms in libraries
HB 697 (BaCote) provides that localities may adopt an ordinance that prohibits firearms, ammunition, or components or combinations thereof in libraries owned or operated by the locality. The bill has been referred to Committee on Militia, Police and Public Safety. SB 32 (Locke) is the companion bill and has been referred to Senate Local Government.
HB 734 (Caputo) prohibits the possession of a firearm at a state, regional, or local public library. Violation of this section would be a Class 1 misdemeanor. The provisions of this section would not apply to a law-enforcement officer or security guard while in the performance of his official duties. The bill has been referred to Committee on Militia, Police and Public Safety.
Bill mandates animal control officer training
HB 306 (Eisengerg) requires that animal control officers receive training in a basic animal control course within one year of appointment. Animal control officers are now required to receive such training within two years after appointment. They will also receive continuing education every year, instead of every three years. A fiscal impact statement on the bill was requested. HB 306 has been referred to the House Agriculture, Chesapeake and Natural Resources Committee. Staff contact: Kimberly Pollard (kpollard@vml.org).
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