February 20, 2008

Check status of any bill >

Property tax measure before Senate Finance Committee Feb. 26

The Senate Finance Committee will consider on Feb. 26 the bill mandating that local governments offer deferral programs for real property taxes on all real property owned by and occupied as the primary dwelling of the taxpayer.

HB 1009 (Hugo) also mandates that assessment notices include the tax rate that will apply to the new assessed value, the total amount of the new tax levy, and the percentage change in the new tax levy from the immediately prior one.

Finally, treasurers would be required to attach to tax bills for all real estate and tangible personal property this information: 1) the tax rate that will apply, 2) the assessed value of the property, 3) the total amount of the new tax levy, 4) the total amount of the prior year's tax levy, and 5) the percentage change in the new tax levy from the prior year's tax levy.

HB 1009 will increase administrative costs for local governments without significantly providing taxpayers with information that is not already available. Also, many localities do not set their tax rates prior to mailing the assessments. Please contact members of the Senate Finance Committee in opposition to the bill.

The committee earlier this session carried over to a special study subcommittee similar legislation, but it is important that local governments continue to make sure that their senators are aware of their opposition to the bill.

Please let Neal Menkes know of any contacts that you make.

Staff contact: Neal Menkes (nmenkes@vml.org).

Homestead exemption constitutional amendment heads toward passage

The Senate Privileges and Elections Committee reported the constitutional amendment (HJ 4) authorizing the General Assembly to enact legislation allowing localities by ordinance to exempt from real property taxes, or defer real property taxes on, up to 20 percent of the value of residential or farm property that is the owner- occupant's primary dwelling.

The committee voted 8-7 to send the resolution to the Senate floor for final action. The committee also approved HB 11, which places the constitutional amendment on the November ballot.

The last outstanding issue concerns the bill (SB 496) to implement the proposed constitutional amendment. As passed by the Senate, SB 496 gives local governments the necessary flexibility to tailor the homestead exemption program to meet local needs. Failure to pass SB 496 this session would jeopardize the implementation of program.

A subcommittee of House Privileges and Elections meets Feb. 20 to consider the bill; it killed a similar House measure earlier this session.

Proposals address collection and release of social security numbers

Two bills dealing with the collection, use and disclosure of individual Social Security numbers are moving through the General Assembly. SB 132 (Houck) has passed the Senate and is in the House General Laws Committee. The bill would amend the Government Data Collection and Dissemination Practices Act (GDCDPA) to:

• Add SSNs and driver’s license numbers to the definition of personal information covered by the GDCDPA.

• Add civil penalties provisions for violation of the GDCDPA that match those already in the FOIA.

• Prohibit state and local government agencies (including constitutional officers) from requiring individuals to furnish their SSNs or driver’s license numbers unless that requirement is (1) expressly authorized by some other state or federal law and (2) essential to the agency’s performance.

This may not be quite as restrictive as it seems, as a 1972 federal law prohibited any new uses of the SSN after that date, but expressly authorized continued requirement of SSNs by any state or local agency that already required them at that time. SSN collection would most likely still be allowed, for example, for most local tax purposes and utility accounts.

SB 132 has a delayed effective date of July 1, 2009. It requires all state agencies and all counties and cities, as well as towns over 15,000 population catalogue and report to VFOIAC by Sept. 10, 2008 all of the current instances in which they require individuals to furnish Social Security numbers, the statutory authority for doing so and an explanation why it is essential in each instance to continue imposing such requirements. The FOIAC will work with VML and VACo to develop a questionnaire for collecting this information

Several years ago the General Assembly adopted Va. Code § 59.1-443.2, which made it unlawful for any person to intentionally communicate someone else’s SSN to the general public. That section does not apply currently to government agencies, or to a private individual’s public disclosure of an SSN obtained from a record that is open to the public under FOIA. HB 633 (May) would keep government agencies exempt from the prohibition in § 59.1-443.2, but would eliminate the exemption for a private individual disclosing an SSN obtained for a public record. This bill has passed the House and is in the Senate General Laws & Technology Committee. VML staff contact: Roger Wiley, roger@heftywiley.com.

Campaign finance disclosure option for towns advancing

Legislation to allow towns with populations of less than 25,000 the option of complying with stricter regulations for campaign finance disclosure was reported by the Senate Privileges & Elections Committee on Feb. 19. Towns over 25,000 are currently required to meet those regulations. HB 637 (May) was requested by the town of Purcellville. Staff contact: Mary Jo Fields (mfields@vml.org)

Electronic meeting authorization advancing

SB 131 and HB 854 allow local governing bodies to meet by electronic communication means without a quorum of the body physically assembled at one location when the Governor has declared a state of emergency if the nature of the emergency makes it impracticable or unsafe to assemble a quorum in a single location and if the purpose of the meeting is to address the emergency. The public body convening the meeting has to comply with the provisions for electronic communication meetings. HB 854 is in Senate General Laws; SB 131 is on the House floor and should be on the calendar tomorrow for final passage. SB 131 is sponsored by Houck, HB 854 is sponsored by Ebbin. VML staff contact: Roger Wiley, roger@heftywiley.com.

^ Top | Index