March 19, 2008

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General Assembly actions affect localities

Budget details forthcoming; other bills of interest summarized

The General Assembly adopted a budget and adjourned March 13, five days past its originally scheduled adjournment date. The legislature is scheduled to meet on April 23 for the reconvened veto session. Gov. Tim Kaine has said that he will call a special session on transportation later this spring.

During its extended session, the General Assembly adopted 889 bills and 720 joint resolutions (many of these were memorial or commending resolutions). Kaine has already signed many, although some still await signature or possible amendment.

This Legislative Bulletin focuses on legislation that was enacted during the 2008 session. Bills are presented according to broad subject areas. Finally, a listing at the end of the publication presents a list of legislation of interest to local governments that was either defeated or carried over to the 2009 session.

For local governments, a major perennial issue is money: the budget amendments adopted for the FY08 – the current year – budget, as well as the budget adopted for the upcoming two fiscal years, FY09 and FY10. The downturn in the economy and the resulting sag in state revenues made it a very difficult year for the General Assembly to adopt a budget, and the final products spread that hardship to local governments. The budget amendments adopted for FY08-the current fiscal year-include $54.8 million in cuts to local programs. Further, VML has identified $124 million in cuts to local aid in the FY09 budget and $199 million in the FY10 budget. These numbers include the $50 million a year across-the-board cut to cities and counties. VML staff will present a thorough review of the budget in a forthcoming Legislative Bulletin.

FOIA

Staff contact: Roger Wiley (roger@heftywiley.com)

Electronic meetings

Legislation to allow local governing bodies to meet electronically during emergency situations -- without a quorum being physically present -- was approved. HB 854 (Ebbin) requires the governor to declare a state of emergency and that the situation to be so catastrophic that convening a physical quorum would be impractical.

Limitations placed on revealing Social Security numbers

Two bills dealing with the collection, use and disclosure of individual Social Security numbers were approved. SB 132 (Houck) amends the Government Data Collection and Dissemination Practices Act (GDCDPA) to prohibit local government agencies from requiring people to furnish Social Security numbers or driver's license numbers unless required by another state or federal law. HB 633 (May) prohibits the dissemination of another person's Social Security number, regardless of whether it is obtained from public or private record.

Land use

Staff contact: Mark Flynn (mflynn@vml.org)

Commercial site plan review process amended

HB 721 (Oder) shortens the time for a locality's planning commission to act on a commercial site plan and creates a new process for the review. On a resubmission that corrects defects in the original, the planning commission may not reject the plan for other defects that it missed in reviewing the first submission, but may only reject the plan for previously identified deficiencies that were not fixed or for new deficiencies. To speed up the process, if the commission fails to approve the site plan within 45 days, it is "deemed approved" even if it has defects. If any deficiency, however, is a violation of federal, state or local law or regulation, the deemed approval does not apply to that deficiency.

This legislation will lead to site plans with deemed approval going forward, and the locality arguing that some part is actually not approved. The locality will then require the problem to be fixed. The developer will complain that his plan is approved.

Variance change enacted

HB 1079 (Suit) provides that a building for which a variance has been obtained may be expanded unless the expansion itself would require a variance. As a result, for example, if a front-yard variance had been obtained, the building could be expanded in the rear yard without further variance impact.

Nonconforming buildings law amended

The law on nonconforming buildings was amended by two bills:

• Under HB 1078 (Suit), if a building is built with a building permit and certificate of occupancy or if the landowner pays taxes on the building for 15 years, the building may only be classified as nonconforming. It may not be classified as illegal. Any illegal use, however, would remain illegal. Also, the definition of what constitutes the expansion of a nonconforming building is clarified.
  
• SB 393 (Martin) clarifies that if a commercial or residential nonconforming building is destroyed by a natural disaster, then it may be rebuilt, but must be done in a manner that conforms to the zoning ordinance, to the extent possible.
  

Annexation

Several bills were introduced to extend the annexation moratorium. In marked contrast with prior years, however, the governor has expressed an interest in having local governments and other interested parties meet to attempt to deal with the issues that led to the annexation moratorium. To accommodate this work, SB 742 (Hanger) was the only bill reported. It simply adds the 2008-2010 biennium to the annexation moratorium.

Impact fee bill to be studied

Discussions regarding land use during the session focused on an impact fee bill proposed by the Home Builders Association of Virginia. SB 768 (Watkins) was carried over by the House Rules Committee. VML, other local government groups and private development groups plan to attempt to hammer out an acceptable impact fee bill for the 2009 session.

Natural Resources

Staff contact: Denise Thompson (dthompson@vml.org)

Wastewater plant reimbursements to be made monthly

SB 690 (Watkins) authorizes the Department of Environmental Quality to pay monthly reimbursements to local governments undertaking WWTP nutrient removal projects with the assistance of grants from the Water Quality Improvement Fund, so long as there is written certification from the grant recipient that the local share of the project costs have been expended. Last year, the General Assembly changed the reimbursement process, and required that reimbursements be phased, based on written certification that 25 percent, 50 percent, 75 percent and 100 percent of the local share of the project cost had been expended. The switch back to monthly reimbursement will help stabilize cash flow and simplify the reimbursement process for local governments undertaking these expensive sewer projects.

Stormwater, recycling, Chesapeake Bay

The governor has signed legislation that gives local governments greater authority to enforce stormwater permits. HB 392 (Bulova) authorizes local governments classified as MS4 (municipal separate storm sewer systems) to enact ordinances to enforce stormwater permits. The bill would give these localities the authority to seek civil charges and injunctive relief, and impose civil penalties. Violators would be subject to a criminal penalty of a Class 1 misdemeanor.

The governor also signed legislation that provides additional local control options for recycling old television picture tubes. HB 343 (Plum) permits local governments to prohibit the disposal of cathode ray tubes (television picture tubes) in a waste-to-energy or solid waste disposal facility within its jurisdiction, provided the locality has implemented a recycling program that is capable of handling all cathode ray tubes generated within its jurisdiction. Previously the ban only applied to privately operated landfills. Also approved was HB 528 (Pogge), allowing localities subject to the Chesapeake Bay Preservation Act to establish a time limit of at least 30 days for an aggrieved party to appeal a decision of the local board to the Circuit Court.

Bills defining authority to enforce air, water permits

HB 1332 (Landes) and SB 423 (Puckett) establish a uniform permit issuance process for the Air Pollution Control Board (Air Board) and the State Water Control Board (Water Board). After issuing a public notice of a pending permit action, a public hearing will be held if at least 25 individuals have requested a public hearing and the director of the Department of Environmental Quality finds that the issues raised are germane to the permit action and are not inconsistent with state or federal laws. The director or the two boards may convene a meeting under an expedited schedule to reconsider the decision of the director to grant a public hearing. The board is required to act on the permit within 90 days of the close of the comment period unless the applicant agrees to an extension of the time period. People who commented during the public hearing may address the boards at the meeting where final action on the permit will occur. The board must provide a written basis for its decision.

Local authority over dam break zones

HB 837 (Sherwood) improves safety in areas below dams. The bill provides localities with more authority to address development in dam break inundation zones. The bill also directs developers to assist dam owners with required upgrades and requires additional disclosure and notification procedures for dam owners. It contains an enactment clause that specifies that the bill's provisions do not affect site plans or subdivision plans submitted prior to the effective date of the act. Of particular interest to local governments is a requirement for developers to contribute financially to the upgrades and improvements of dams when hazard levels are elevated in dam break inundation zones due to increased commercial and residential development.

Fifty-eight localities own or maintain state-regulated impounding structures (114 dams) and will be required to map the dam break zones as well as upgrade impounding structures.

The proposed legislation also incorporates significant land use and property rights issues. Specifically, the legislation will:

• Regulate or limit future development/redevelopment within dam break inundation zones unless a land developer agrees to contribute to the necessary upgrades to the dam.
  
• Require mapping of dam break inundation zones when a development is proposed downstream of a dam.
  
• Require surveying and study of dam break inundation zones as part of the preparation of a comprehensive plan.
  
• Require the inclusion of regulations for drainage and flood control in subdivision ordinances.
  
• Allow localities to provide in their subdivision ordinances requirements for developers to pay costs for upgrades and improvements to dams that are necessitated by proposed development.
  

Animal control

Staff contact: Denise Thompson (dthompson@vml.org)

Regulation of dog breeders tightened

The "puppy mill" bill, HB 538 (Orrock), defines a commercial breeder as any person who, during any 12-month period, maintains 30 or more adult female dogs for the primary purpose of the sale of their offspring as companion animals. Commercial breeders will be required to: (1) apply for a business license from their respective locality; (2) cooperate with inspections by animal control officers to ensure compliance with state and federal animal care laws; (3) maintain records of animal sales, purchases, breeding history, and veterinary care; (4) dispose of dead dogs and confined waste in accordance with law; and (5) maintain no more than 50 dogs over the age of one year at one time for breeding purposes. The bill also provides that any person convicted of abuse, neglect, or cruelty to animals may not sell or trade any companion animal. Commercial breeders who violate any of these provisions are guilty of a Class 1 misdemeanor. Pet shops must ensure that their dogs are purchased from dealers or people who are properly registered and licensed with the U.S. Department of Agriculture. The bill has a delayed effective date of July 1, 2009.

Other animal control bills

HB 207 (Morgan) clarifies that a facility serving as a pound or shelter may operate in either a building or a portion of a building, as designated by the State Veterinarian. This change allows inspectors to tailor the separate inspection and regulatory standards for shelters and pounds to the respective portion of the facility designated for each purpose.

HB 537 (Orrock) makes records sent by veterinarians to local treasurers exempt from public access under the Freedom of Information Act when the information is not contained in the animal license or license application. This will allow local treasurers to dispose of records sent from veterinarians.

Transportation

Staff contact: Denise Thompson (dthompson@vml.org); Neal Menkes (nmenkes@vml.org)

Monetary threshold raised for environmental reports

Legislation that requires local governments to submit an environmental impact report in connection with a highway construction, reconstruction, or improvement project only for projects estimated to cost more than $500,000 has gone into effect. The 2007 Transportation Act mandated the additional reports for local government projects costing $100,000 or more. HB 1259 (O'Bannon) and SB 43 (Y. Miller) increase the threshold to $500,000 for these highway improvement projects.

New legislative package on road revenue sharing program

VDOT's road revenue sharing program encourages state and local governments to work together on projects of critical importance to localities. Under SB 99 (Ruff), the Commonwealth Transportation Board must first give funding priority to projects that are administered locally (thereby eliminating the previous priority for projects receiving more than $1 million of local money). Priority is next assigned to projects for which a local government commits more local funding than the amount of state revenue-sharing requested. The third priority is when the allocation will accelerate an existing project in the state's Six-Year Improvement Program or the locality's capital plans. All requests for funding need to include a prioritized listing of specific projects. Local governments must expend at least a portion of the revenue sharing funds no later than two fiscal years after receiving an allocation from the program. VDOT also has agreed to strengthen its efforts to help local governments administer local road projects, developing teams and programs for the sole purpose of facilitating local administration.

Towing and recovery regulations to be revised

Legislation passed that will delay towing regulations that raised concerns for local governments. Local law enforcement agencies have to make sure that automobile accidents are cleared from roads. They often rely on smaller towing operators to clear the wreckage. These “Class B” towers fear that regulations being considered by the Board of Towing and Recovery Operators would place them at a significant competitive disadvantage compared to larger “Class A” operators. According to testimony by State Police representatives, the proposed regulations would disqualify about 70 percent of towing operators from performing tows upon the request of local law enforcement agencies. SB 707 (Norment) addresses these concerns by delaying until July 1, 2010 the effective date of regulations that would apply to public safety towing and recovery services. In addition, the regulatory board must hold four public meetings to receive comments and recommendations regarding the appropriate equipment, standards, training, safety, and other factors related to providing public safety towing and recovery services.

Comprehensive Services Act for At-Risk Youth and Families

Staff contact: Janet Areson (jareson@vml.org)

Licensing of residential facilities amended

SB 472 (Hanger) eliminates the interdepartmental regulation and licensing of children’s residential facilities and group homes. The bill requires the Departments of Social Services; Juvenile Justice; and Mental Health, Mental Retardation and Substance Abuse Services to regulate any residential facility or group home for which they are the primary licensing agency. Each agency would promulgate its own regulations for the facilities. The Department of Education would no longer be a primary licensing agency for residential facilities or group homes, but it would license educational programs and services offered by any facility or group home for children. The facilities and group homes previously licensed by Education would now be licensed by either DSS or DMHMRSAS.

Best practices CSA training required

SB 479 (Hanger) requires the Office of Comprehensive Services to offer annual training for those who work with the CSA program (at the local level) and other interested parties (who could include family members, child advocates and attorneys, private providers, local officials) on best practices and evidence-based practices related to the CSA program. The funding would come from existing administrative/training funding appropriated to OCS, so this would not necessarily mean additional training, just potentially re-focused training.

Training requirements strengthened

SB 493 (Puller/Hanger) and HB 825 (BaCote) require the Department of Social Services to establish minimum training requirements and to provide educational programs for foster and adoption workers and their supervisors. No new funding was approved; any costs associated with complying with these requirements must come from the department within funds appropriated to it for training and assistance to local staff. The department currently offers, and pays for, basic child welfare training programs to local workers. It also currently pays for travel costs associated with its training programs. The legislature killed a study resolution -- SJR 74 (Hanger) -- that would have had Virginia Social Services study ways in which to increase the number of foster care families.

Reporting standards forthcoming

SB 483 (Hanger) requires the State Executive Council (SEC), which oversees the CSA program, to oversee the development and implementation of uniform data collection standards and efforts as well as performance standards for this program. It also requires the SEC to oversee the development and distribution of management reports resulting from the collected data to local teams that work with CSA (community policy management teams). These reports, with information about the number of children served, and the duration and cost of services, are intended to help CPMTs evaluate outcomes for children and families and outcomes for services provided by the public and private sector. Local governments already are required to gather comprehensive information on each child in this program and submit it on a quarterly basis to the state. It remains to be determined what additional information will be required, and the timeline for submitting it.

Mandatory uniform guidelines required

SB 487 (Hanger)/HB 503 (Hamilton) require the State Executive Council (SEC) to oversee development of mandatory uniform guidelines for localities to use regarding intensive care coordination services for children at risk of entering, or placed in, residential care through CSA. The guidelines must take into account differences among localities; specify children and circumstances appropriate for such services; define intensive care coordination services; and distinguish these services from regular case management services. The guidelines must also address such issues as identifying the strengths and needs of a child and family; identifying specific services and supports needed to meet a child’s needs; implementing a plan to return a child home or community as soon as practicable; and creating a plan for regular monitoring and utilization review of services and residential placement to ensure the services and placement remain the most appropriate to meet the needs of a child and family.

CSA study continued

SJR 75 (Hanger) continues the Joint Subcommittee to Study CSA, which was first established in 2006. The goal would be to continue to review the administration of CSA and to develop additional legislative recommendations for the 2009 General Assembly. Some of the members of the original study committee left the General Assembly this year, so at least two new members will need to be named to this joint subcommittee. The legislature spiked, however, a study resolution that would have required to require the Office of Comprehensive Services to revise or replace the current service fee directory that localities use to locate service providers for CSA to include more information about provider performance, compliance, and service rates (SJR 17 - Deeds).

Mental health

Staff contact: Janet Areson (jareson@vml.org)

Veterans services to be expanded

HB 475 (Cox)/SB 297 (Puller) require that the Department of Veterans Services, the Department of Mental Health, Mental Retardation and Substance Abuse Services, and the Department of Rehabilitation Services work to establish a program to monitor and coordinate mental health and rehabilitative services to support Virginia veterans, members of the Virginia National Guard, and state residents in the Armed Forces Reserves not in active federal service. The intent is to serve veterans with post-traumatic stress disorder and traumatic brain injury. The commissioner must pursue federal and private funds to support the program. The fiscal impact of this new program is estimated to be $2.94 million each year.

Omnibus mental health bills enacted

HB 499 (Hamilton) / SB 246 (Howell) are the omnibus mental health bills passed in the 2008 session. These bills, many of which grew out of the massacre at Virginia Tech, address a number of issues surrounding emergency custody, involuntary commitment, and outpatient mental health treatment. Community services boards (CSBs) will have additional responsibilities for attending commitment hearings and providing case management for clients (many already do so) as well as for monitoring or otherwise working with clients ordered into mandatory outpatient treatment. The bills also:

• Clarify the legal criteria for involuntary commitment;
  
• Allow for an increase in the amount of time allotted for emergency custody if needed (from four to six hours);
  
• Strengthen and clarify the requirements for ordering, delivering, monitoring and overseeing any outpatient treatment ordered;
  
• Outline training requirements; and
  
• Clarify when medical records may be shared with law enforcement and the courts.
  

HB 560 (Bell) relates to commitment hearings as well. It requires the independent examiner and the community services board employee who prepared the prescreening report to attend the commitment hearing or, if physical attendance is not practical, to participate through a two-way electronic video and audio or telephonic communication system. The bill also provides that the initial period of involuntary commitment shall be 30 days and allows for a subsequent order authorizing an additional period of 180 days.

Interagency civil admissions advisory council continued

HB 505 (Hamilton) removes the sunset on the interagency civil admissions advisory council. The sunset was to take place July 1, 2008. VML has a representative on this advisory council, which addresses issues regarding civil admissions law and policy that cut-across agencies or require coordination among agencies.

Process for involuntary commitment of a minor changed

HB 582 (Marsden) / SB 276 (Cuccinelli) increase the length of time (from 72 hours to 96 hours) to hold a hearing for the involuntary commitment of a minor or for the emergency admission of a minor for inpatient treatment. These bills also give parents the ability to admit a minor to a facility over his objections. Petition for the judicial approval of the admission of a minor by his parents over his objections must be filed no sooner than 24 hours, and no later than 96 hours, after his admission.

SB 247 (Howell) is related to HB 582 and SB 276 above. It provides that a court shall appoint a guardian ad litem and counsel for a minor for involuntary commitment hearings and proceedings for the judicial approval of the admission for inpatient treatment of a minor 14 years of age or older over his objections.

SB 142 (Edwards) requires that each civil commitment hearing be recorded separately, so that no more than one hearing is recorded per tape or other recording.

Health Care Commission to coordinate mental health studies

SJR 42 (Jones, SC/Lucas) directs the Joint Commission on Health Care to receive, review, and evaluate the impact of recommendations and legislation regarding Virginia’s mental health system that may come from the Chief Justice’s Commission on Mental Health Law Reform, the Virginia Tech Review Panel, the Office of the Inspector General for Mental Health, Mental Retardation and Substance Abuse services, other committees and commissions proposing recommendations related to involuntary commitment and other mental health issues, and legislation enacted during the 2008 Session. This is a two year assignment, with findings and recommendations to be submitted to the General Assembly in 2009 and 2010.

Immigration

Staff contact: Mark Flynn (mflynn@vml.org)

A large number of bills related to immigration were introduced, but only a few of them survived. Several that remain are relevant to local governments.

Denial of bail for illegal aliens

SB 623 (Stolle) will deny bail to illegal aliens charged with specific crimes. The bill does not include domestic violence as one of the crimes, an issue that the House and Senate went to conference to decide. A similar bill -- HB 440 (Rust) – has been sent to the governor, too.

Overcrowding limits proposed

HB 445 (Rust) protects the owner or managing agent of a single-family residential dwelling from penalty for overcrowding while he is suing the tenant for the overcrowding.

Jailors to determine citizenship status

The governor has approved two jail operation bills. HB 820 (Albo) and SB 609 (Stolle) will require jailors to find out the citizenship and country of birth of each new inmate.

Procurement bills raise questions

Procurement bills that would require all public bodies, including local governments, to provide in every written contract that the contractor will not hire illegal aliens were passed. HB 1298 (Frederick) has been approved by the governor, and SB 517 (Cuccinelli) awaits his action. VML and VACo had asked the governor to amend the bills to limit their application to contracts exceeding $10,000, but were unsuccessful.

Kaine also signed HB 926 (Byron), a procurement bill that would require the State Corporation Commission to revoke the charter or authority to do business of any business that violates laws on hiring illegal immigrants. A similar bill -- SB 782 (Obenshain) – was passed.

Miscellaneous

Abusive driver fees run out of gas

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

The General Assembly sent to the governor on March 8 legislation (SB 1) repealing § 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers.

The bill directs the state Comptroller to issues a refund to people who already paid all or part of the civil remedial fees ordered to be paid by a court. SB 1 also directs the clerk of the court that ordered the fees and the Department of Motor Vehicles to credit the accounts of people who still owe civil remedial fees so as to indicate that the fees have been paid and are no longer outstanding. In addition, the DMV will reinstate the driver's license to any person whose license was suspended solely for failure to pay civil remedial fees.

The abusive driver fee program was projected to raise revenues of $61.8 million in FY09 and $65.4 million in FY10. All of the money would have been used for road maintenance.

Because of the growing deficit in the road maintenance program, the elimination of the fees will force the Commonwealth Transportation Board to transfer some $385 million from the Six-Year Construction Program to road maintenance.

The actual revenue collected from abusive driver fees for the six-month period of July 1, 2007, through Dec. 30, 2007, was $3.9 million. The total amount of fees assessed by the Courts during that same period was almost $9.9 million.

Optional campaign finance disclosure available for towns

Staff contact: Mary Jo Fields (mfields@vml.org)

Towns with populations of less than 25,000 now have the option of complying with stricter regulations for campaign finance disclosure. Towns over 25,000 are currently required to meet those stricter regulations. HB 637 (May) was requested by the town of Purcellville.

Virginia Resources Authority granted broader loan authority

Staff contact: Mary Jo Fields (mfields@vml.org)

The Virginia Resources Authority has been granted additional authority to finance a range of local government projects. HB 171 (Kilgore) authorizes the authority to finance local government energy conservation and energy efficiency projects. HB 723 (Scott, E.) and SB 473 (Hanger) authorize the authority to fund parks and recreation facilities. HB 1457 (Nicholls) and SB 56 (Colgan) authorize the authority to fund the construction of any local government building. HB 632 (May) authorizes the authority to be a funding mechanism for all broadband services. HB 632 is before the governor for signing; the other bills have already been approved by the governor.

Wireless broadband service encouraged

Staff contact: Tim Ailsworth (tailsworth@vmlins.org)

SB 206 (Stuart) and HB 1329 (Peace) require state agencies to lease or convey an interest in state owned communications towers to responsible qualified providers of wireless broadband service. The requirement is subject to the provider presenting a spectrum and certified structural analysis of the tower and proof that applicable local government requirements are satisfied. The purpose of the legislation is to deploy broadband internet service to areas of the Commonwealth that are not receiving adequate internet service. The legislation should be of assistance in helping economic development in rural areas of the state.

Deputies’ access to health insurance required

Staff contact: Tim Ailsworth (tailsworth@vmlins.org)

HB 1480 (Kilgore) and SB 673 (Wampler) require localities to allow deputy sheriffs injured in the line of duty to use accrued vacation, compensatory and sick leave to supplement his workers’ compensation allowance, so as to receive 100 percent compensation. Localities also are required to continue to pay any employer's share of the cost of health insurance to the same extent as paid for other local employees for as long as the deputy sheriff remains employed by the locality.

Misuse of public assets deemed a felony

Staff contact: Randy Cook (wrcook@mmecpc.com)

HB 1362 (Cline) adds § 18.2-112.1 to make it a Class 4 felony for a state or local employee to use public assets for private or personal purposes without lawful authorization when the value of such use exceeds $1,000 in any twelve month period. The proposal defines “public assets” as personal property or services belonging to or paid for by the state, any city, town, county, or any other political subdivision, including labor of any person other than the accused.

Think hard about taking on new funding responsibilities

Staff contact: Mary Jo Fields (mfields@vml.org)

Local governments may want to think twice -- or even six or 12 times -- about deciding to supplement salaries of state employees, or to pay for items that previously have been the purview of the state. The reason: local funding will take the heat off the state to fund adequately its own responsibilities. The more funding the local governments take on, the less pressure there is on the state to pay for what they should fund.

Local governments may want to particularly resist requests from their district courts to supplement district court employee salaries. The upshot will be a patchwork of salaries, in which courts will compete with each other for employees. Further, down the road, there is absolutely no reason not to think that the state may decide to start requiring local contributions.

The five bills in which locals are being offered the “opportunity” to fund items-because the state has not-are as follows:

• HB 93 (Moran) / SB 634 (Ticer), permitting counties and cities to supplement the compensation of the public defenders or deputies.
  
• HB 1542 (Janis) / SB 112 (McDougle), removing the current restriction on local salary supplements paid district court employees.
  
• SB 53 (Whipple), allowing localities to purchase electronic pollbooks that have been approved by the State Board of Elections.
  

Legislation opposed by VML that was carried over or defeated

Machinery and Tool Taxes

HB 124 exempted certified pollution control equipment and facilities, placed in service on or after Jan. 1, 2010, local taxation. Also provides that certain machinery and tools placed in service on or after Jan. 1, 2010, are taxable as intangible personal property, thereby excluding from local taxation.

Local Property Taxes

HB 602, SB 789 provided that when any assessment of real property is 20 percent greater than the previous assessment, in any appeal of the assessment to a board of equalization or circuit court, the burden of proof is on the commissioner of revenue or other local assessing official to show that the assessment was accurately computed according to generally accepted appraisal practices.

HB 927, SB 783 required each locality to fix tax rates for an ensuing year at least 30 days prior to approval of the budget for the ensuing year, with separate public notices and separate public hearings. Also requires each locality to lower its real estate tax rate for the forthcoming tax year to produce no more than the previous year's real property tax levies when any annual assessment, biennial assessment, or general reassessment of real property by the locality would result in an increase in the total real property tax levied. The locality may increase the rate above the reduced rate after a public hearing held no sooner than 30 days after the rate reduction.

HB 1009, SB 779 required localities to: (i) include the tax rate that will apply to reassessed real property in the notice to taxpayers regarding the reassessment, (ii) attach to each property tax bill the tax rate that will apply, the assessed value of the property, the total amount of the new tax levy, the total amount of the prior year's tax levy, and the percentage change in the new tax levy from the immediately prior year's tax levy, and (iii) permit taxpayers to defer a portion of the increase in real property taxes on the primary dwelling owned and occupied by the taxpayer until the property is transferred or the taxpayer's death.

Land use

SB 77 made the "offer to the former owner to repurchase" under eminent domain apply to any interest acquired by the condemnor. Currently, it applies only to fee simple interests.

SB 519 allowed a court to award attorneys fees against a locality if a court overturns a board of zoning appeals decision.

Miscellaneous

HB 328 required that all municipal elections be held in November

HB 371 amended the state code section that prohibits local governments from regulating firearms. Under the bill, anyone who complains that a locality has violated the law shall be awarded attorneys fees -- even if the issue doesn’t go to court.

HB 449 required that funds appropriated by the locality to the school board, but not spent at the end of the year, be reappropriated to the school board instead of reverting back to the locality.

SB 751 limited towns’ ability to charge a higher water rate to county customers. The patron was gracious in working with VML to have the bill carried over.

Personnel

A variety of retirement bills that increased the retirement multiplier or increased retiree health care credits. Retirement benefit increases for local government employees are costly and are unfunded mandates

HB 100 included deputy sheriffs under the coverage of the Law-Enforcement Officers Procedural Guarantee Act.

HB 532, SB 500 created a presumption that any disease contracted by a first responder during a public health emergency (as declared by the governor) was contracted while on the job -- and thus covered under workers compensation.

HB 852 removed prohibition on collective bargaining by state and local employees

SB 76 amended Law Enforcement Procedural Guarantees by strengthening the protections afforded to law-enforcement officers during internal investigations, questioning and disciplinary hearings

SB 269 required localities with 100 or less law enforcement officers to meet more stringent overtime requirements than required under FLSA. Larger localities are subject to these stricter requirements.

SB 624 extended requirements for enhanced LEOS benefits to jail superintendents and deputies. VML recognizes that the bill is an equity issue, as LEOS benefits are required to be offered to deputies, but opposed the bill as an unfunded mandate.

Legislation supported by VML that was carried over or defeated

HB 923, SB 737 established a revolving loan program for school construction

HB 1270, SB 644 established responsibilities of pedestrians and drivers at marked and unmarked crosswalks

HJR 4, SJR 6, HB 11, SB 9, HB 681, SB 496. Homestead constitutional amendment, legislation to put the question on the ballot in the November 2008 general election, and legislation to authorize the General Assembly to enact legislation to allow local governments to exempt or defer real estate taxes on up to 20 percent of assessed value of owner-occupied property.

SB 51 allowed localities that self-fund health insurance programs for its officers and employees to extend coverage to any other class of persons as may be mutually agreed upon by the locality and the policyholder.

SB 363 required installation of sprinklers in tall buildings.

SB 614 allowed localities to contract with the Virginia Retirement System to manage and invest funds used to pay for post employment benefit.

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