February 25, 2008

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Senate vote kills homestead exemption constitutional amendment

> HJR 4, HB 11 sent to Privileges & Elections Committee

> Both bills carried over until next year

> 21-19 vote apparently dooms legislation for '08 session

Legislation that ultimately would have allowed local governments to exempt or defer up to 20 percent of the value of most owner-occupied residential or farm property from real estate taxes was killed by the Senate today.

The Senate voted 21-19 to send HJR 4 (Albo) and HB 11 (Albo) back to the Senate Privileges & Elections Committee and to carry over both bills until next year.

HJR 4 is the constitutional amendment authorizing the General Assembly to pass legislation allowing localities to adopt a homestead exemption or real estate tax deferral program. HB 11 is a companion bill to put the measure on the ballot for the November election.

It was unclear this afternoon whether the process to amend the state constitution has to start all over again, or whether HJR 4 and HB 11 could be taken up, perhaps in a special session, and be placed on the ballot in either November 2008 or November 2009.

The Richmond Times-Dispatch reported on its Web site this afternoon that the process would have to start over again in 2010, which would mean the question could not be put to voters until 2012. Legislative staff probably will research the issue before Tuesday’s scheduled meeting of the Senate Privileges & Elections Committee.

Here’s how the senators voted:

YES (21) -- Blevins, Colgan, Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Norment, Obenshain, Puckett, Quayle, Ruff, Smith, Stolle, Stosch, Stuart, Vogel, Wagner, Wampler and Watkins.

NO (19) -- Barker, Deeds, Edwards, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, J.C. Miller, Y.B. Miller, Northam, Petersen, Puller, Reynolds, Saslaw, Ticer and Whipple.

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