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VML eNews, the newsletter of the Virginia Municipal League, is published every other week except during sessions of the General Assembly. During legislative sessions it is published weekly. The newsletter includes up-to-date information on activities at the state capitol, including the General Assembly, and in the U.S. Congress and within the VML family of local governments.

Editor: Kelley Hope  |  Associate Editor: Manuel Timbreza

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VML members can sign-up to receive notifications of the eNews newsletter via e-mail. You will be sent an e-mail message every other week that will include a link of the latest edition.

eNews

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In this issue:

  • Action Alert: Feedback needed on USBC bill, BZA bill
  • Action Alert: House bill to change Machinery & Tools assessments advances
  • Action Alert: Senate parking fine bill retains undesirable amendment
  • Action Alert: Promote these good budget amendments!
  • Tax reform efforts mystify
  • Broadband service bill reported
  • Proffer bills move forward
  • Stormwater grant bill flows to the Senate floor
  • Cancer presumption bill approved by Senate
  • Yes, Virginia, there are FOIA bills
  • Wedding venue bill raises issues
  • Cause of action bills introduced
  • Procurement bills advance
  • Increased fine for passing a stopped school bus
  • LCI/revenue sharing bill before subcommittee
  • Late audit requirements move forward
  • Smaller BZAs proposed
  • GIS for voluntary boundary agreements
  • Optional local authority for sidewalks, affordable housing fees
  • Photo-red bill recommended by subcommittee
  • Human services bills move forward
  • Medical care in jails bills break out of subcommittee
  • Procedural guarantee bill gets subcommittee’s nod

 

Feedback needed on USBC bill, BZA bill

Two bills that affect the manner in which localities handle building related issues:

HB1966 (Yancey) deals with the Uniform Statewide Building Code. The bill originally stated that if there is a denial of the issuance of a building, the applicant must be provided with a written explanation of the reasons and the building department must limit its review of the revised application to only those portions deemed inadequate.  In a last-minute deal, the bill was amended to include language that the fees had to stay in the building department and that the limited review was “suggested” not mandated.

HB2686 (Knight) changes the vote requirement for certain board of zoning appeals from a majority of the membership to a majority of those present and voting.

Action

We would greatly appreciate feedback on these two bills. Please send comments to Michelle Gowdy, mgowdy@vml.org.

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House bill to change Machinery & Tools assessments advances

HB2640 (Byron) adds the definition of “original total capitalized cost” to state law regarding local taxation of machinery and tools. The definition would make a distinction between machinery and tools acquired in an “arm’s-length transaction,” and those that are not. It further defines when a transaction would be presumed to be an arm’s-length transaction. Localities collect some $200 million annually from machinery and tools taxes.

The bill, in effect, overturns a Virginia Supreme Court decision from December 2017 that validated Hanover County’s machinery and tools assessment methodology. In recent years, two opinions issued by a Republican and a Democratic Attorney General and two opinions issued by the Virginia Tax Commissioner supported the methodology used by local Commissioners of the Revenue. The bill does not offer an alternative revenue source for localities.

HB2640 squeaked out of a House Finance Subcommittee on Wednesday by a vote of 4 to 3. The House Finance Committee will vote on Monday to report the bill to the House floor. Assuming that the Committee approves the bill, floor action will take place by Wednesday of next week.

  • In a fiscal impact statement prepared by the Commission on Local Government, a number of localities estimated that the bill could reduce M&T revenue by at least 25% to 30%. The Commission’s fiscal impact statement said that the bill “could potentially open loopholes, complicate the assessment process, alter long-held interpretation for terms such as ‘original cost,’ and produce assessment below fair market value.” Relying on the “original total capitalized cost” methodology, as is used by almost every single city and county, simplifies tax administration, is fair to all taxpayers and is easier for the taxpayer to understand.

Action

VML urges members to contact their House delegates and ask them to vote against HB2640 on the House floor. A strong “No” vote will help in the Senate and, if necessary, with the governor.

VML Contact: Neal Menkes, nmenkes@vml.org

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Parking fine bills: Senate version retains undesirable amendment

SB1044 (Black) was introduced to authorize any county or town with a population of at least 40,000 to contract with a private firm for parking enforcement (cities of this size can already do this). Readers may remember that the bill was amended to place a $75 maximum limit on parking tickets. The bill has now passed the Senate with this provision.

HB1818 (Delaney), also introduced to give this same authority to such counties and towns, has now been approved by the House Transportation Committee without the $75 parking ticket amendment.

Action

  • Local governments should contact their legislators and tell them that they (1) want HB1818 passed without any amendments; and (2) want the House to remove the $75 parking ticket provision from SB1044.
  • VML also asks all localities with any parking fines exceeding $75 to send information on such fines to Bernie Caton at the below email as soon as possible.

VML Contact: Bernie Caton, bcaton@vml.org

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Promote these good budget amendments!

The subcommittees of the House and Senate budget-writing committees are busy reviewing the budget amendments submitted by members and determining which will make the cut for inclusion in their versions of the budget to be unveiled Feb. 3.

Action

The following are amendments that VML worked on in cooperation with its local partners and are deserving of mention to your delegation members, including members of House Appropriations and Senate Finance. This webpage has links to all Delegates and Senators.

House amendments

136 #22h Change state/local SOQ funding partnership Delegate Krizek
266 #1h Applying interest earned from cash reserves to Teacher Retirement Plan Delegate James
397 #2h More funding for local police depts – HB599 Delegate Ingram
3-1.01 #2h Reverse transfer from CS&UT in FY2019 Delegate Ingram
310 #4h Address CSB reductions/projected Medicaid savings

 

Delegate Sickles

 

Senate amendments

266 #1s Applying interest earned from cash reserves to Teacher Retirement Plan Senator Lucas
136 #4s Change state/local SOQ funding partnership Senator Dance
136 #10s Change state/local SOQ funding partnership Senator Hanger
310 #3s Address CSB reductions/projected Medicaid savings Senator Barker
397 #1s More funding for local police depts – HB599 Senator Deeds
3-1.01 #1s Reverse transfer from CS&UT in FY2019 Senator Wagner
3-1.01 #1s Reverse transfer from CS&UT in FY2019 Senator Ebbin

VML Contact: Janet Areson (jareson@vml.org); Neal Menkes (nmenkes@vml.org); Jessica Ackerman (jackerman@vml.org)

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Tax reform efforts in the General Assembly are a riddle wrapped in a mystery inside an enigma*

* All due apologies to Winston Churchill

In the House

The Speaker of the House of Delegates, who also serves as the chairman of the House Rules Committee, called the lop-sided Republican majority committee into action on Wednesday. The purpose was to act on five House tax measures that the Speaker had lassoed from the House Finance Committee to his Rules Committee.  It was widely known that the House Republican Caucus had designated one of the bills (HB2529) as their choice vehicle for negotiating with the Senate and Gov. Ralph Northam.

In a surprising move taking less than 60 seconds, the Rules Committee voted to send the five bills back to House Finance. At this point, it’s anyone’s guess whether the Finance Committee will report to the House floor any of the bills this coming Monday or assign the measures to the Committee’s subcommittees for consideration next Wednesday. In any case, tax reform in the House is not racing through the legislature.

In the Senate

The Senate Finance Committee, while acting at a quicker pace than the House, is still best characterized as “deliberative” on tax reform bills.  On Wednesday, the two co-chairs of the Senate Finance Committee convened a bipartisan special subcommittee to review the tax reform bills referred to Committee.  The Senators heard from several Senators with tax measures in the Committee and members of Governor Northam’s finance team.

The next day the Senate Finance Committee voted unanimously to report legislation (SB1083) to the Senate floor to implement a remote sales and use tax collection system in response to the U.S. Supreme Court’s Wayfair decision. The Senate Finance Committee rolled eight other bills into SB1083.  (The bill requires out-of-state internet companies selling in Virginia to collect and remit sales taxes if annual sales revenue exceeds $100,000 and the number of annual transactions are greater than 200.)

However, the Committee did not act on any of the fourteen bills dealing with the state tax implications arising from the 2017 federal tax changes. The co-chairs hinted that major legislation on this issue would emerge next week, possibly as early as next Tuesday when the Committee meets again.

What does the lack of consensus mean?

The lack of consensus between the governor and the General Assembly and between the House and the Senate has two major impacts. The first impact will be felt on Monday when tax season begins. The Virginia Tax Commissioner expects as many as 650,000 returns to be filed within the first ten days. That number doesn’t include the tax returns sitting in the offices of professional tax preparers and with local Commissioners of the Revenue. The Virginia Department of Taxation intends to inform the public that although the agency will accept the returns none will be processed until the General Assembly enacts legislation that is signed into law by the governor.

The second impact runs throughout the proposed state budget. At stake is an estimated $1.2 billion in revenue for this biennium if the General Assembly chooses to conform to the new IRS Code and to keep unchanged state policy about deductions.

Northam wants to direct half of the revenue to lower-income Virginians with the rest going for a range of spending items.

House Republicans want to change state tax policies to permit Virginians to itemize their returns even if they choose to use the federal standard deduction. Their aim is to benefit middle class Virginians defined as married couples earning between $120,000 and $150,000 a year. (The state’s median household income is $54,000.)

The Senate Republicans may be seeking some sort of middle ground. Their caucus is interested in providing tax cuts for middle-income taxpayers. But, Senate Finance co-chairman Emmett Hanger has twice mentioned his budget amendment that would substantially increase state appropriations for public education (Item 136 #10s). This budget amendment cannot be funded without some portion of the new revenues.

On Super Bowl Sunday, the House Appropriations and Senate Finance Committees will report out their respective budget packages. The content of those packages will be heavily influenced by what happens on the tax reform front.

VML Contact: Neal Menkes, nmenkes@vml.org

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Broadband service bill reported

HB2141 (Thomas) adds broadband to the list of activities for which localities could create service districts. The industry tried to get the bill amended to require that localities had to contract with private service providers to offer the broadband but have not been successful to date. House Counties, Cities & Towns reported the bill on Jan. 25.

VML supports the bill.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Proffer bills move forward

Bills making changes in the proffer process have cleared the House and Senate. As expected, the House passed an amended version of HB2342 (Thomas) on Jan. 24 on a 90 yes, 7 no vote. As previously reported, on Jan. 21 the Senate passed SB1373 (Favola) on a vote of 29 yes, 10 no and 1 abstention. The bills, which are identical, make extensive changes to the conditional zoning process. Some improvements in the amended versions include language to better encourage discussion among the parties, a pathway to submit any on or offsite proffer that is reasonable and appropriate in the signed proffers and language that states that lawsuits against the public body may only be brought if the applicant objected in writing regarding the proposed condition prior to the grant or denial.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Bill expanding stormwater grants to localities flows to the Senate floor

The Virginia Department of Environmental Quality administers a Stormwater Local Assistance Fund that provides matching grants to local governments for capital projects that reduce pollutants from stormwater discharges. SB1328 (Hanger) would also allow a portion of the Stormwater Local Assistance Fund to be used for grants to localities to design and implement stormwater best management practices that are not related to the State’s stormwater discharge permits (MS4).

The bill was approved unanimously by the Senate Committee on Agriculture, Conservation and Natural Resources on January 24; it now goes to the Senate floor for a vote.

VML Contact: Bernie Caton, bcaton@vml.org

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Cancer presumption bill approved by Senate

SB1022 (Chase), SB1172 (McPike), SB1528 (Vogel) were all rolled into SB1030 (Cosgrove), which now adds colon, brain and testes cancers to list of diseases that are presumed to be an occupational disease covered by the Virginia Workers’ Compensation Act when firefighters and certain employees develop such cancers.  SB1030 also removes the requirement that the employee who develops the cancer has to prove contact with a toxic substance in the line of duty.  This bill has passed the Senate.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Yes, Virginia, there are FOIA bills

  • SB1431 (Obenshain) requires local elected officials to complete FOIA training within six months of taking office and once every two years while they are in office. It also eliminates the three-day notice requirement for a hearing alleging an open meeting violation of the act.  VML opposes this bill, which is in Senate General Laws & Technology. The committee meets Monday 45 minutes after adjournment of the Senate floor session.
  • SB1554 (Surovell) provides an additional penalty for persons who intentionally alter or destroy required records prior to the record retention period. There is also an additional penalty added if a member of a public body votes to certify a closed meeting that was improper. SB1554 is also in Senate General Laws.
  • HB1772 (Mullen) and SB1182 (Stuart) are recommendations of the FOIA Advisory Council. HB1772 states that that any officer, employee, or member of a public body alleged to have willfully and knowingly violated the FOIA statute who acted in good faith reliance upon an advisory opinion issued by the FOIA Council may introduce the advisory opinion as evidence that the alleged violation was not made willfully and knowingly. This bill is on the uncontested docket for today’s meeting of the full House Courts of Justice Committee.  SB1182 clarifies certain requirements of law regarding participation in public meetings through electronic communication when there is a state of emergency declared by the Governor. The bill is in Senate General Laws & Technology.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Wedding venue bill raises issues

Some agritourism bills fall by the wayside

  • HB2364 (Knight) amends the definition of “agritourism activity” to include service as a wedding venue for not more than 12 weddings a year. Each wedding would be limited to 250 guests. The change in definition would apply to the statutory limit on what local governments can regulate. VML opposes the bill.
  • HB2522 (Fowler) and SB1245 (Reeves) deal with agritourism resorts that are not subject to the short-term rentals laws or bed and breakfast laws. HB2522 has been sent to a study and SB1245 was struck by the patron. SB1064 (Stanley) has been passed by indefinitely by a Senate committee.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Cause of action bills introduced

As introduced, HB2263 (Krizek) and SB1494 (Edwards) create a cause of action for first responders if the Firefighter and Emergency Medical Technicians Procedural Guarantee Act is not followed.  HB2263 was amended in subcommittee to state that if the Firefighter and Emergency Medical Technicians Procedural Guarantee Act is violated than any statements made cannot be used as evidence.  The creation of the cause of action was removed. The bill is on the uncontested docket for today’s meeting of the full House Courts of Justice Committee. SB1494 is on the docket for Senate General Laws for Monday, 45 minutes after adjournment of the Senate floor session.

VML supports an amendment that will put SB1494 in the same posture as the house bill out of concern of the effect of adding a cause of action on a locality’s liability.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Procurement bills advance

  • HB2071 (Bell) increases the maximum one-year amount of job order contracting contracts from $5 million to $7 million and, moving forward, adds an increase based on the cost of living. The bill also allows for job order contracting for safety improvements and traffic calming measures.  The bill was reported on Jan. 24 by the House General Laws Committee. A similar bill (SB1153-Black) has passed the Senate.
  • HB2328 (McNamara) prohibits a small business awarded a contract as part of an enhancement or remedial measure to subcontract with any other business with which it has an affiliation. House General Laws reported the bill on Jan. 24.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Increased fine for passing a stopped school bus proposed

HB2273 (Webert) as amended places a mandatory fee of $250 for persons who pass a stopped school bus. The bill is on the uncontested docket for today’s meeting of the full House Courts of Justice Committee.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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LCI/revenue sharing bill is before subcommittee

HB1838 (Marshall) would apply to localities that enter into a revenue sharing agreement under the Virginia Regional Industrial Facilities Act whereby a portion of tax revenue is paid to one locality and redistributed to another. The bill requires the Tax Department to apportion the percentage of tax revenue ultimately received by each locality in its calculation of the true value of real estate, which is one of the factors in the computation of the local composite index. The bills, therefore, would alter the LCI. VML is concerned that the bill would have a chilling effect on encouraging jurisdictions to cooperate. The bill is in House Counties, Cities & Towns Subcommittee #2, which meets Wednesdays at 4 p.m.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Requirements in the event of a late audit move forward

Later deadline for filing of comparative costs report also proposed

The House Counties, Cities & Towns Committee unanimously reported HB1866 (Peace) on Jan. 25. The bill requires that a locality that is late in submitting the annual audit to the Auditor of Public Accounts will have to post on its website a statement that the required audit is pending, the reasons for the delay, and the estimated date of completion. The statements also have to be made available to the public at the next scheduled meeting of the local governing body.  The bill further requires that any town with a population of less than 3,500 that voluntarily has an audit prepared must submit the results of the audit to the Auditor of Public Accounts.

VML has not taken a position on the bill but will continue to keep you posted on the bill.

SB1633 (Boysko) changes the annual deadline for local submittal of the comparative report of local government revenues and expenditures from November 20 to December 15th.  This report goes to the Auditor of Public Accounts.  The bill is on the Senate floor.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Smaller BZAs proposed for towns 3,500 or less

HB2224 (O’Quinn) would authorize a circuit court, for any town with a population of 3,500 or less, to appoint three residents of the town to the local board of zoning appeals. Current law requires appointment of either five or seven residents of the locality. The original bill applied only to the town of Glade Spring but was amended by subcommittee and reported on Jan. 25 by the House Committee on Counties, Cities & Towns.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Voluntary boundary agreements: use of GIS proposed

When a voluntary boundary agreement is adopted by localities, each locality has to petition the circuit court to approve the agreement. HB1649 (Fowler) and SB1594 (Dunnavant) allow the petitioners to attach a Geographic Information System (GIS) rather than a metes and bounds survey.  Both versions have passed their respective committees.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Optional local authority proposed for sidewalks, fees associated with affordable housing

HB1913 (Bulova) amends the subdivision ordinance to allow localities to require sidewalks in certain areas.  This bill is still being “tweaked,” but did report out of House Counties, Cities &Towns this morning.

The committee also reported HB2229 (Bagby), which allows localities by ordinance to waive building permits and other local fees associated with affordable housing developments.  The bill also allows the locality to determine what affordable housing is.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Photo-red bill recommended by subcommittee

HB2465 (Collins) requires that engineering safety analyses and monthly evaluations conducted by a locality related to red-light cameras be posted on the locality’s website and requires the reporting of traffic incident and financial data. Further, the bill requires localities to establish a 15-day probationary period during which only advisory letters are issued for recorded red-light violations when a system is implemented or expanded. The bill has a June 30, 2020 delayed effective date for localities that have existing red-light systems. The bill was reported on a 17 yes, 3 no vote by House Counties, Cities & Towns on Jan. 25.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Human services bills move forward

A bill to exempt local parks and recreation programs for school-age children, as well as before- and after-school programs run by public schools, from recently approved state social services licensure requirements passed out of committee on Jan. 24 and is on the way to the House floor.  HB2280 (Head) would not affect parks and recreation agencies that operate and register specific programs as day care programs.  VML supports this legislation.

The Senate Education and Health Committee reported and sent to the Finance Committee SB1576 (Suetterlein), which would allow the Department of Education to create between two and eight pilot programs with local school divisions to focus on strategies (with potential funding streams such as from the Children’s Services Act (CSA)) to transition children back from private special education day placements to their local public school division.  VML supports this legislation as well. The Senate Finance Committee meets Tuesdays and Wednesdays at 9 a.m.

A subcommittee of House Health, Welfare & Institutions has recommended reporting HB2014 (Peace) which would put Virginia in compliance with the new federal Family First Prevention Services Act.  The federal Act, approved in Feb. 2018, substantially rewrites foster care requirements and programs with a focus on keeping families together through prevention-based services and intervention for both parents and children. The bill will be heard in full committee on Jan. 29.

VML Contact: Janet Areson, jareson@vml.org

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Medical care in jails bills break out of subcommittee

A subcommittee of House Health, Welfare & Institutions on Jan. 24 recommended reporting several bills dealing with medical care in jails, including:

  • HB 1918 (Stolle) which would direct the Board of Corrections to establish minimum health care standards covering physical health, mental health, dental, and pharmaceutical services in local and regional jails; enforcement of those standards; and reporting by jails on the status of their services. Quarterly standardized reports to the Board of Corrections that would be posted on the Board’s website.
  • HB 1917 (Stolle) which would codify a health care continuous quality improvement committee within the Department of Corrections and require local and regional jails to participate and submit reports on efforts to improve health care services within the jails. The Department currently has such a committee, but there is currently no requirement to publicly post reports related to the committee’s work.
  • HB 1942 (Bell) which would create minimum mental health care standards for local and regional jails and require new forensic discharge planning requirements for inmates with serious mental illness. Jails will also be subject to annual unannounced inspections.  The bill includes an enactment clause sought by VML, VACo and the regional jail association to require the Board of Corrections to create a workgroup with local and state government representation to examine the costs of any proposed regulations and requirements and report findings and conclusions in November 2019; the new standards will go into place July 1, 2020.

The bills will be heard in full committee on Jan. 29.

VML Contact: Janet Areson, jareson@vml.org

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Procedural guarantee bill gets subcommittee’s nod

The House Appropriations Public Safety Subcommittee gave a preliminary green light to HB2656 (Collins), which would extend law enforcement officer procedural guarantee requirements to local and campus police departments with three or more officers.  The current floor is 10 or more officers.

VML Contact: Janet Areson, jareson@vml.org

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In this issue:

  • Changes to local government grievance procedures
  • Checkbook bills return
  • Support this broadband service bill
  • New requirements for late audits
  • Annex legislation to be studied further
  • New unfunded mandates loom
  • Cuts to machinery and tools assessments
  • Food truck licensing requirements in play
  • The motorized scooter bill to root for
  • Local regulation of towing threatened
  • Local control of parking fines in jeopardy
  • I81 improvement plan needs funding
  • Wastewater conveyance grants discussed
  • School safety legislation moves forward
  • Student support and counselors comes into focus
  • Redistricting bills overcome hurdles
  • Return to work bill limited by Senate
  • Budget amendments of interest
  • CSA bills offer innovative approaches
  • Bills for mental health and health services in jails considered

 

Problematic changes proposed for local government grievance procedures

One constant about the session is that we see the same bills introduced again and again. But eventually some of them are enacted and just because bills died last year, it does not mean that they will not pass this year.

This year we see the return of bills that would change the local government grievance procedure by requiring that agreement as to the process be reached at all steps. HB2736 (Hugo) and SB1783 (Boysko) require that the final step of the procedure be “as agreed upon by the aggrieved employee and the local government.”  HB2736 is in House Counties, Cities and Towns Subcommittee #2, which is likely to take up the bill next Wednesday. SB1783 should be on Senate Local Government’s docket next Tuesday.

Action

Talk to your delegation about the problems with these bills and urge that they vote no.

Talking points for HB2736 and SB1783

  • Will make it difficult for a disgruntled employee and the locality to agree on a process and/or an administrative hearing officer.
  • Longstanding impartial grievance panels used by localities will be eliminated.
  • The bill would shift interpretation of whether the relief that is provided the grievant complies with local government policy from the chief administrative officer of the locality to the Commonwealth’s Attorney, who may have no knowledge or experience in employment policy.
  • Takes away the locality’s power to have a grievance procedure in place that has worked and is known to all employees.

VML contact: Michelle Gowdy, mgowdy@vml.org

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Checkbook bills return

This year two bills requiring the posting of local checkbook registries in a particular format have been introduced.  HB1907 (VanValkenburg) and SB1262 (Sturtevant) require localities with a population greater than 25,000 and each school division with more than 5,000 students to post quarterly on their website a register of all expenditures, to include the vendor name, date of payment, amount and description of type of expense (including credit card purchases). There is a delayed effective date of July 1, 2020. HB1907 is in House Counties, Cities & Towns Subcommittee #1, which will meet next Wednesday at 7:30 a.m.; SB1262 is in Senate Local Government, which meets Tuesdays.

Action

Talk to your delegation about the problems with these bills and urge that they vote no.

Talking points for HB1907 and SB1262

  • Even localities and school divisions that meet the population criteria and that already post their checkbooks on their websites may not meet the requirements of the bill.
  • Many localities and school divisions may have to change accounting software and systems. If they do, it will be expensive.
  • Last year when similar legislation was introduced, one locality that posts its checkbook on line had 216 interactions in an 8-month period; only 10 were from the United States and most were from Russia.
  • Administrative time will be required to ensure that confidential information is not displayed.
  • All expenditures and related information are already available through a locality’s budget or through the FOIA process, unless an exemption applies.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Support this broadband service bill

HB2141 (Thomas) adds broadband to the list of activities for which localities could create service districts. The industry tried to get the bill amended to require that localities had to contract with private service providers to offer the broadband but have not been successful to date.

Action

VML strongly supports the bill in its current form. Talk to your delegation and ask that the bill not be further amended.

Talking points for HB2141

  • The bill should retain the language that allows localities to establish service districts for the provision of broadband services.
  • Any amendment to require the locality to contract with a private service provider should be rejected.
  • Private service providers will not expand services into an area unless it is profitable.
  • In the meantime, localities in which broadband services are not available are at a distinct disadvantage at a time when broadband capability is essential.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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New requirements proposed for late audits

HB1866 (Peace) requires that a locality that is late in submitting the annual audit to the Auditor of Public Accounts will have to post on its website a statement that the required audit is pending, the reasons for the delay, and the estimated date of completion. The statements also have to be made available to the public at the next scheduled meeting of the local governing body.  The bill further requires that any town with a population of less than 3,500 that voluntarily has an audit prepared must submit the results of the audit to the Auditor of Public Accounts. A substitute version of the bill was reported by a subcommittee of House Counties, Cities & Towns on Jan. 22 and the bill is likely to be heard by the full committee this Friday at its 8:30 a.m. meeting.

Action

At this point, VML is watching this legislation. We wanted localities to be aware of it and we will continue to keep you posted on the bill.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Annexation legislation to be carried over and studied further

Following a report issued last year by the Commission on Local Government, Delegate Tony Wilt introduced HB2450. The bill placed a permanent moratorium on city annexation, defined a dependent city, created a Local Government Efficiency Analysis Fund designed to encourage consolidation and interlocal agreements, and required a referendum at the beginning of the process (in addition to the one at the end of the process). Delegate Wilt has agreed to carry the bill so that interested parties can try to arrive at an agreement.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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General Assembly unleashes new unfunded mandates on localities

Constitutional amendments exempt disabled veterans from personal property taxes on cars and trucks and expands eligibility for real property tax exemptions

It’s election time in Virginia, meaning 140 seats in the General Assembly are up for grabs.  Senators and delegates are joining together to promote bumper sticker issues hoping to appeal to certain blocks of voters.

Two state constitutional amendments moving through the legislature would exempt a veteran who is 100% disabled from personal property taxation for one motor vehicle (car or pickup truck). The exemptions would be mandatory and not at local option. To be included in the state constitution, the proposals will have to pass in 2019 and again in the 2020 legislative session before being presented to the voters in November 2020.

SJ278 (Reeves) was reported out of the Senate Privileges and Elections Committee on Tuesday by a unanimous vote.  HJ676 (Filler-Corn) was heard on Monday by a subcommittee of the House Privileges and Elections Committee.

HJ657 (Pogge) was also before a subcommittee of the House Privileges and Elections Committee earlier in the week. This proposed constitutional amendment would significantly expand the number of surviving spouses eligible for real property tax exemptions to include those of veterans who became 100% disabled from combat service in Korea or Vietnam. Like the other two proposals, HJ657 will have to pass this session and next before going to the voters in November 2020.

Action

VML needs you to tell your delegation to either vote against the resolutions on the Senate and House floors or amend the resolutions to make them at local option.

Talking points for SJ278, HJ676 and HJ657

  • The forfeited revenues are local, not state. Local elected officials take the hard votes to impose or raise personal property tax rates and real estate taxes.
  • Decisions on spending (or not spending) local tax dollars belong to local governments and not to the General Assembly.
  • The General Assembly is wrestling with a surplus revenue situation somewhere between $900 million and $2.2 billion, depending on whether you believe the Republicans in the House of Delegates or Governor Northam.
  • If the General Assembly wants to provide this special tax relief, the state has more than enough resources to do so without commandeering local money.
  • State mandated tax relief for disabled veterans and their surviving spouses as well as the surviving spouses of soldiers killed in action cost localities more than $50 million in tax year 2018. That’s more than twice the state general fund dollars the Commonwealth spends for the entire Virginia Secretariat of Veterans Defense Affairs.

VML Contact: Neal Menkes, nmenkes@vml.og

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Legislation to cut assessments on machinery and tools expected to move through the House

HB2640 (Byron), according to the Department of Taxation, would add the definition of “original total capitalized cost” to state law regarding to the local taxation of machinery and tools. The definition would make a distinction between machinery and tools acquired in an “arm’s-length transaction,” and those that are not. It further defines when a transaction will be presumed to be an arm’s-length transaction.

Although the language is technical and somewhat chewy, the effect of the proposed change is substantive. A majority of localities surveyed by the Commission on Local Government noted that the bill could have significant fiscal impacts. Revenue losses could range as high as 25% to 30% of their total Machinery and Tools (M&T) revenue. Localities also reported the bill could require hiring more staff to handle assessments. In addition, localities expressed concern that the bill could potentially open new loopholes, complicate the assessment process, alter long-held legal interpretations for the term “original cost,” and produce assessments below fair market value.

Action

The House Finance Committee will consider HB2640 on Monday morning.  VML urges members to contact their local delegation to defeat the measure on the House floor if the bill pops out of the House Finance Committee next week.

Talking points for HB2640

  • Contrary to the claims of the bill’s patron and Virginia manufacturers, the bill does not “clarify” legislative intent. Two opinions issued by a Republican Attorney General and a Democratic Attorney General both supported local practice to base the assessment on the original cost of the machinery and tools. Two opinions issued by the Virginia Tax Commissioner also supported local government practices.
  • If enacted, the bill will reduce M&T collections without providing localities a substitute revenue source that is both reliable and sustainable. Total statewide M&T collections are some $200 million per year.
  • The bill does not take into consideration the significant and permanent tax relief Congress provided to business. This includes lowering the corporate income tax to 21 percent.
  • Relying on the “original total capitalized cost” methodology, as is used by almost every single city and county, simplifies tax administration, is fair to all taxpayers and is easier for the taxpayer to understand.

VML Contact: Neal Menkes, nmenkes@vml.og

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Proposed bill would waive additional business licensing requirements for food trucks

SB1425 (Dunnavant) provides that when the owner of a “mobile food unit” has paid a license tax as required by the county or city in which the mobile food unit is registered and in which property taxes are paid on the mobile food unit, the owner would not be required to pay a license tax to any other county, city, or town for conducting business in such a locality.

The measure, in effect, waives the peddler’s license fee for food truck operators who sell their wares in localities other than one in which the business is registered and property taxes on the food truck(s) is (are) paid.  The maximum fee any locality can charge for a peddler’s license is $500 per truck.

The bill has been reported out of the Senate Finance Committee and is awaiting floor action.  At the request of VML and VACo, the patron has postponed floor action while considering a compromise proposal offered by the two organizations. It is quite likely that the restaurant lobby will end up opposing the bill.  If so, the measure could contract ptomaine poisoning.

There is no companion measure in the House of Delegates.

Action

At this point, VML recommends members to monitor VML eNews and other communications on the issue. As the legislative calendar closes in on “crossover” day (Feb. 5), localities may have to act quickly to influence the bill’s outcome.

Talking Points for SB1425

  • The Commissioner of the Revenue or the Director of Finance cannot collect taxes or conduct audits if the business is not registered. Without requiring the peddler’s fee or requiring the business to register, collections of meals taxes and sales taxes become problematic.
  • Localities are authorized to waive Business, Professional and Occupational (BPOL) taxes for a period of two years for new businesses locating in their jurisdictions. This bill provides a permanent tax exemption, which puts restaurants operating in affected localities where peddler’s licenses for food trucks are waived at a distinct competitive disadvantage.

VML Contact: Neal Menkes, nmenkes@vml.og

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Motorized Scooters: One bill that holds promise, one that does not

Of the three bills (HB2214-J. Jones; HB2232-Bagby; and HB2752-Pillion) introduced that would affect the authority of localities to regulate motorized scooters and similar devices, only the latter two (HB2232 and HB2752) remain alive.  As introduced, they would have limited the ability of counties, cities, and towns to decide where and how scooters could be used. House Transportation Subcommittee #1 approved a heavily revised HB2752 Tuesday morning. As revised, the bill is much more favorable toward localities than the original version, and for the most part will allow localities to reasonably regulate companies that provide rental scooters, as well as the use of these scooters on streets and sidewalks.

Action

HB2752 is the preferred version of the various scooter bills. Proponents of the bill should continue to work with localities to “fine tune” the bill.

Talking points for HB2752 and HB2232

  • HB2752: Each locality is different and should be allowed to determine the best way for scooters to be used in the locality.
  • HB2232: This bill is too restrictive on local governments and should be left behind.

VML Contact: Bernie Caton, bcaton@vml.org

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Local authority to regulate towing threatened

The Code of Virginia authorizes localities to regulate towing. Most localities can set towing fees within certain limits. HB1865 (Fowler) and SB1567 (Marsden) would eliminate this authority and set a statewide fee that would not exceed $150 per tow. The bills, as introduced, would also delete language currently in the Virginia Code that prohibits towing firms from charging most other fees.

Action

Encourage your local delegation to support the efforts currently underway by local government representatives to have the bills amended to preserve most local authority, and to keep the Code provision that prevents firms from charging most additional fees.

Talking points for HB1865 and SB1567

  • Local authority to regulate towing should be preserved.
  • If changes are made to the fees that can be charged, any changes should be reasonable, and not allow unlimited additional charges by towing firms.

VML Contact: Bernie Caton, bcaton@vml.org

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Amended bill would limit local control of fines for parking tickets

SB1044 (Black) seeks to allow any locality with a population of at least 40,000 to contract with a private firm to issue parking tickets (cities of 40,000 or more already have this authority). This is all well and good. Unfortunately, when the bill was heard in committee, it was amended to limit any fine for a parking ticket to no more than $75. Most local parking fines are less than $75, but there are some exceptions. The bill has now passed the Senate and will be considered by the House.

Action:

Ask your House members to amend SB1044 to eliminate the language setting the $75 maximum fine for parking tickets.

Talking points for SB1044

  • The original bill would be helpful to localities.
  • Most localities do not charge more than $75 for parking violations so the amendment limiting the fine is unnecessary and potentially harmful to some localities.

VML Contact: Bernie Caton, bcaton@vml.org

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Interstate 81 improvement plan funding options rolled out

The Interstate 81 corridor is heavily travelled (especially by trucks) and experiences significant traffic safety and congestion problems. Most of this road has only two lanes in each direction.  As a result, when an accident occurs, and blocks a travel lane, major backups quickly occur. A study done in 2018 resulted in an I-81 corridor improvement plan that is expected to cost over $2 billion dollars to implement. Several bills have been introduced to provide a means to pay for these improvements. The administration has proposed new tolls as a revenue source, although some legislators have introduced bills that call for tax increases that are either statewide or limited to the I-81 corridor.

Action

The main point to make to legislators is that it is important that they reach agreement on a funding source so that the improvements can begin.

Talking points for the I-81 improvement plan

  • Everyone in the state is impacted by the ability of trucks to transport goods effectively on the I81.
  • Funding the improvement plan needs to be a priority since the improvements will take time to implement.

VML Contact: Bernie Caton, bcaton@vml.org

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Grants for wastewater conveyance facilities

Some advanced wastewater treatment technologies, such as nutrient removal, can be more cost-effective if the infrastructure built for this purpose can treat large amounts of wastewater. For less densely populated areas, it may be less expensive if several small plants pipe their partially treated wastewater to one large plant built for nutrient removal or another advanced technology.

HB1822 would authorize localities to receive state grants from the Virginia Water Quality Improvement Fund to build conveyance systems to transport partially treated wastewater to another plant for advanced treatment, if such a conveyance system is cost-effective. The bill was approved by the House Committee on Agriculture, Chesapeake and Natural Resources, and referred to the House Appropriations Committee.

Action

Urge your delegation to support HB1822 in its current form.

Talking points for HB1822:

  • These grants would come from an existing Fund; no new funding source would be required.
  • The use of conveyance systems could cost the State and localities less money.

VML Contact: Bernie Caton, bcaton@vml.org

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School safety legislation moving forward

Following an active summer of deliberation and the publication of its final report, the House Select Committee on School Safety has pushed a ten-bill package of legislation aimed at improving student safety in schools across Virginia. Six of the ten bills have already been passed in the House. These address topics ranging from staff time for guidance counselors to capital project review for safety and fire code compliance:

  • HB1725, Knight – Compliance with Uniform Statewide Building and Fire Prevention Codes
  • HB1729, Landes – School counselors to spend 80 percent of school day on direct counseling
  • HB1732, O’Quinn – Mandatory annual school emergency training
  • HB1733, Gilbert – MOUs to clarify the role of school resource officers
  • HB1738, Rush – Review of building plans by crime prevention-certified architects, engineers
  • HB1752, Krizek – November election day as a school holiday

The four remaining bills (HB1734, Marshall; HB1735, Robinson; HB1737, Wright; and HB1739, Rush) are still in committee but are expected to pass with the blessing of Speaker Kirk Cox. The real test for this package will appear in the Senate.

In response to the House Select Committee on School Safety limited scope House Democrats formed the Safe Virginia Initiative to develop legislation aimed at reducing gun violence, particularly involving – or in the vicinity of – children. Of a package of 14 bills addressing stricter regulation of firearms, two (HB1899, J. Bell and HB2797, Filler-Corn) are still alive.

On the Senate side, similar gun legislation has also failed to move forward.

Action

We encourage you to speak with your senators about the importance of ensuring that localities not bear the full financial burden of any new school safety legislation.

VML contact: Jessica Ackerman, jackerman@vml.org

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Bills  related to student support and counselors come into focus

The Senate Finance Committee has reported a substitute bill from Senator Dunnavant (SB1258) that would include licensed behavioral analysts and licensed assistant behavior analysts under the Standards of Quality definition of eligible student support positions.

Bills in both the House (HB2053, McQuinn) and Senate (SB1406, Dance) address Governor Northam’s proposed reduction of the staffing ratio between school counselors and students to 1:250 by the 2021-2022 school year. This would have significant budget implications. While the Governor’s proposed budget changes include $36 million for FY20 to support school ramp-up efforts, the local share of this could be significant for localities that do not currently meet the proposed standard.

Action

We encourage you to speak with your senators about the importance of ensuring that localities not bear the full financial burden of any new school safety legislation.

Talking Points

  • The Governor’s proposed budget includes $36 million to support the first year of implementation of a lower counselor-to-student ratio.
  • We encourage the General Assembly to approve the Governor’s budget amendment. However, we are concerned about the longer-term costs to localities associated with hiring additional full-time employees.

VML contact: Jessica Ackerman, jackerman@vml.org

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Redistricting bills pass first Senate hurdles

The Senate Committee on Privileges and Elections has reported both a constitutional amendment and a corresponding criteria bill addressing future redistricting planning for the Commonwealth.

  • SJ306 (Barker) establishes a Virginia Redistricting Commission, consisting of 16 members (eight legislators, plus eight private citizens selected by a panel of retired judges). While the General Assembly would still have representation under this model, the body would be prohibited from amending the final map voted upon and submitted by the Commission. Any map would require consensus from 75 percent of the Commission for approval. A substitution adds language to protect the voting interests of some  racial and ethnic communities.
  • SB1579 (Suetterlein) establishes criteria for the redrawing of districts following each census count, including the consideration of population, racial and ethnic fairness, respect for existing municipal boundaries, and contiguity. This will not be the bill’s first appearance before the General Assembly, however, as it passed through both houses during the 2018 Session before being vetoed by the Governor. The Administration has indicated that its concerns have not changed regarding the extent to which the bill fails to fully protect against gerrymandering.

Action

VML supports the use of a non-partisan independent commission to draw state legislative and Congressional lines based on specified and consistent criteria, including preservation of local boundaries as much as possible. We would encourage you to speak with your legislators about the importance of implementing a transparent redistricting process with the opportunity for public comment.

VML Contact: Jessica Ackerman, jackerman@vml.org

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Implementation of return-to-work bill for school security officers limited by Senate

In response to concerns raised by law enforcement representatives and the Virginia Retirement System (VRS), the Senate has passed a modified version of SB1023 (Cosgrove), which would have allowed retired law enforcement officials to take on full-time positions as school security officers for local school divisions without affecting their retirement benefits. While the original language would have helped address a statewide shortage of qualified school security officers, VRS highlighted the likelihood that it would have encouraged higher rates of early retirement among eligible law enforcement. The resulting increase in retirement payouts over time would increase the unfunded liability to an estimated $19 million. The amended version passed by the Senate now includes “the Clause,” making enactment of the new provisions contingent upon a corresponding appropriation.

Action

VML will continue to monitor the progress of this bill.

VML Contact: Jessica Ackerman, jackerman@vml.org

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Budget amendments of interest

The General Assembly’s budget-writing committees have a large bucket of budget amendments.  VML, working with its local government partners, has introduced a significant number of amendments as well.  Below is a list of budget amendments VML staff have identified as particularly useful (such as the ones we worked on getting introduced), and some not-so-useful to local governments.

Reading the chart:

  • The item number corresponds to the section of the budget it addresses
  • Items in green, we support
  • Items in red, we do not support
  • Items in black, we neither support nor oppose

House Amendments

ITEM DESCRIPTOR PATRON
105 #1h Housing Trust Fund Lopez
105 #3h Housing Trust Fund Lopez
106 #1h Broadband expansion Bloxom
106 #9h Urban Redevelopment Fund James
106 #11h Virginia Gateways James
107 #1h Enterprise Zones – real property improvement grant James
122 #1h Brownfields Restoration James
136 #20h Paying local share of teacher salary increase Carter
136 #22h Changing state/local SOQ funding partnership Krizek
255 #1h Study to eliminate M&T on new equipment Robinson
264 #1h State aid to help pay for veteran tax exemptions Thomas
266 #1h Teacher Retirement Plan James
310 #4h Address CSB reductions/projected Medicaid reimbursements Sickles
368 #2h Stormwater Local Assistance Fund Yancey
397 #2h 599 program increases Ingram
445 #5h Delay DRPT formulae changes Sickles
445 #6h Transition for DRPT formulae changes Thomas
3-1.01 #2h Reverse CS&UT transfer Ingram

 

Senate Amendments

ITEM DESCRIPTOR PATRON
73 #3s Body cameras & Assistant Commonwealth Attorneys Norment
106 #1s VATI – expanding broadband services Lewis
106 #7s Virginia Gateways Ruff
107 #1s Enterprise Zones – real property investment grants Ruff
122 #1s Brownfields Restoration Fund Ruff
127 #1s Develop plan to eliminate Support Position caps Howell
136 #4s Change state/local SOQ funding partnership Dance
136 #10s Change state/local SOQ funding partnership Hanger
136 #18s Restore funding for Support Positions McClellan
255 #1s Study to eliminate M&T for new equipment Wagner
266 #1s Applying interest earned from cash reserves to Teacher Retirement Plan Lucas
281 #3s Mental health services in schools Dance
310 #3s CSB reductions/projected Medicaid savings Barker
310 #6s Receiving medical information from jails Boysko
397 #1s More funding for 599 Deeds
445 #1s Extending current DRPT funding formulae Barker
445 #2s Holding harmless “losers” in new DRPT formulae Mason
3-1.01 #1s Reverse transfer from CS&UT Wagner
3-1.01 #1s Reverse transfer from CS&UT Ebbin

Action

Subcommittees of the budget-writing committees are in the midst of reviewing the proposed amendments and will develop their lists of what to recommend in the coming week. This is the time to communicate with members to express support for good amendments and to explain to members the potential impact of non-helpful amendments.

VML Contacts:  Janet Areson (jareson@vml.org; Neal Menkes nmenkes@vml.org; Jessica Ackerman (jackerman@vml.org)

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CSA bills offer innovative approaches to costly education placements

The rising number of children served in private day school placements for special education purposes, and the cost of these placements paid for through the Children’s Services Act (CSA), has caught the attention of local and state policy makers in the last few years. General Assembly-created study groups have been looking at the issue, and that work continues.

For several years, Stafford County has had legislation introduced to allow it to use CSA funding for services to children in their community school as an alternative to enrollment in private day schools that often require long daily commutes for students. Stafford’s proposal in the past has not met with success in the General Assembly, but the concept has grown in popularity. This year, Stafford’s legislation has been joined by three additional bills seeking authority for pilot programs or other flexibility in the use of CSA funds to provide alternatives to private day placements. These bills are:

  • HB1619 (Thomas) addresses use of CSA funds for special education purposes in Stafford County.  The bill was reported from the House Education Committee and is currently in the House Appropriations Health & Human Resources subcommittee.
  • SB1576 (Sutterlein) would create from two to eight pilot programs by the Virginia Department of Education in cooperation with selected school divisions to work on ways to transition children from private placements to community schools and look at ways to redirect funding, including CSA funding, for use in community schools to serve children who otherwise may end up in private placements. The bill is in the Senate Education and Health Committee.
  • HB2408 (Adams) is similar SB1576 but would create just two pilot programs. The bill was recommended for reporting by a House Education subcommittee; if reported by the full committee, it will likely go to House Appropriations.
  • SB1104 (Peake) would give community policy and management teams (CPMTs) the ability to use CSA funds for a broad array of purposes, including public special education programs, as well as for currently allowed special education purposes (such as private day school placements). The bill was heard in Senate Finance Health & Human Resources subcommittee this week; some subcommittee amendments may be proposed to create an innovation program grant program.

Action

VML supports these bills and any legislative effort to allow for innovative approaches to cost-effectively serve children in their communities.

VML Contact:  Janet Areson, jareson@vml.org

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Mental health and health services in jails

The SJR 47 Study of Mental Health in Virginia (the Deeds subcommittee) continued its work this past year with a major focus on behavioral health services in local and regional jails.  HB1942 (Rob Bell), a product of the subcommittee’s work, calls for new minimum standards for behavioral health services in jails, at least one unannounced annual inspection of jails to ensure compliance, and robust forensic discharge planning requirements to assist inmates with serious mental illness.

Specifically, the bill authorizes the state Board of Corrections to establish minimum standards for provision of behavioral health services and forensic discharge planning in local and regional jails and procedures for enforcing these standards.  Virginia Department of Behavioral Health and Developmental Services (DBHDS) and the State Inspector’s Office would assist in creating the standards.  The regulations would also address procedures for sharing medical and mental health information and records as provided by law.  The bill also would state that community services boards that provide services in the jail may bill the jail for such (several jails already have contracts with CSBs to provide services).

VML, VACo and the regional jails worked with the patron to develop an enactment clause to the bill to require creation of a fiscal analysis workgroup to work simultaneously with the creation of the regulations to assess the cost of new service and discharge planning requirements and pave the way for development of recommendations regarding funding new requirements.  The workgroup would include representatives of VML and VACo, affected state agencies and other stakeholder groups.

HB1942 is scheduled to be taken up by the House Health, Welfare & Institutions Subcommittee #2 at 5 p.m. on Thursday, Jan. 24.

Action

VML supports HB1942 with the inclusion of the enactment clause.

Other bills have been introduced to authorize the Board of Corrections to promulgate minimum health care standards in local and regional jails. These bills include HB1918 (Stolle) and SB1598 (Dunnavant).  HB 1918 will likely be heard in the HWI Subcommittee on Thursday evening; SB 1598 was reported from the Senate Rehabilitation and Social Services Committee on Jan. 18 and referred to the Senate Finance Committee.

VML Contact:  Janet Areson, jareson@vml.org

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In this issue:

  • Scooter bill gains momentum
  • Proffer bills move forward
  • Impact fee bills recommitted
  • Housing Commission bills reported
  • Update on procurements bills
  • Outdoor signs bill referred
  • Other bills to watch

 

Still scooting along: Local authority to regulate scooters scoots ahead

Efforts increasingly focus on an improved version of one of three related bills

Three bills (HB2752-Pillion, HB2214-J. Jones, and HB2232-Bagby) have now been introduced that would affect the authority of localities to regulate motorized scooters and similar devices.  As introduced, each of these would have limited the ability of counties, cities, and towns to decide where and how scooters could be used on streets, sidewalks, and other public places. A number of localities around the state have begun pilot programs to determine how these rental scooters should be regulated.  Most localities would like to wait until the pilots are over (likely sometime in 2019) before passing statewide legislation. Scooter companies, however, want to begin the legislative process this session.

A House Transportation Subcommittee approved a heavily revised version of HB2752 Tuesday morning. As revised, the bill is much more favorable toward localities than the original version, and for the most part will allow localities to reasonably regulate companies that provide rental scooters, as well as the use of these scooters on streets and sidewalks. The subcommittee tabled HB2214.  Although HB2232 is still alive, it is unlikely to be approved, since the subcommittee already passed HB2752. Representatives of localities will continue to work to “fine tune” HB2752, which is likely to come up for a vote by the full Transportation Committee on January 24.

VML Contact:  Bernie Caton, bernard.caton@verizon.net

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Proffer bills moving forward

HB2342 (Thomas) and SB1373 (Favola) are similar bills that make extensive changes to conditional zoning. HB2342 has been reported by the House Counties, Cities & Towns Committee and is working its way to the House floor and SB1373 passed the Senate bill on Jan. 31. Another House proffer bill, HB1801 (Ware) will be before the House Counties, Cities & Towns Committee probably this Friday. The bill is now identical to HB2342.

Other proffer bills in the Senate have been passed by or incorporated into SB1373, including SB1143 (Peake) and SB1524 (Black).

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Impact fees bills recommitted from Senate floor

SB208 (Stuart) and SB944 (Stuart) make the existing impact fee provisions available for use by any locality that includes within its comprehensive plan a calculation of the capital costs of public facilities necessary to serve residential uses. The bills were on the Senate floor but on Jan. 17 were recommitted to the Senate Local Government Committee.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Housing Commission bills move forward

The Senate General Laws and Technology Committee reported on Jan. 21 several bills coming from the Housing Commission:

  • SB1445 (Locke) allows a tenant to pay all amounts claimed on a summons for unlawful detainer and have the unlawful detainer dismissed.
  • SB1448 (Locke) changes the terminology from writ of possession to writ of eviction and that an order of possession will remain effective for 180 days after being granted by the court; it also clarifies that any writ of eviction not executed within 30 days will be vacated as a matter of law.
  • SB1449 (Locke) creating the Virginia Residential Executory Real Estate Contracts Act which defines installment land contracts, lease option contracts, rent-to-own contracts and requires best practices to be drafted by the Board for Housing and Community Development.
  • SB1676 (Stanley) requires a landlord to offer a tenant a written rental agreement.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Update on procurement bills

SB1369 (Norment) deals with the statute of limitations on construction contracts and performance bonds. VML has been working with the interest groups on this bill in an attempt to improve it.  The Senate General Laws Committee on Jan. 21 rereferred the bill to the Senate Courts of Justice Committee. The House companion bill (HB1667-Kilgore) has been recommended by a subcommittee and is in House Courts of Justice Committee.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Outdoor signs bill referred

SB1535 (Surovell) attempts to address large signs along the interstate to ensure that they will not fall down.  VML is working with interest groups continue to work on this bill. The Senate Senate General Laws and Technology Committee on Jan. 21 rereferred the bill to the Senate Transportation Committee. The bill is not on the docket for this week’s committee meeting on Wednesday so it may be heard next week.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Other bills to watch:

  • SB1494 (Edwards) creates a cause of action for first responders if the Firefighter and Emergency Medical Technicians Procedural Guarantee Act is not followed appropriately. VML has concerns about this bill and is working with the patron on improvements to it.  The bill is in the Senate General Laws and Technology
  • HB2736 (Hugo) tinkers with the final step of the local government grievance procedure by stipulating that a three-person panel shall be used if an agreement cannot be reached on whether to use a panel hearing or a hearing officer. This bill, in various forms, has been introduced by Delegate Hugo the past few years. The bill will be heard in House Counties, Cities & Towns Subcommittee 2 but has not yet been put on the subcommittee’s docket.
  • SB1701 (Ebbin) is a short-term rental bill targeted specifically at Fairfax County. VML and localities fought very hard to retain local authority with regard to short term rentals and were successful in 2017 when SB1578 (Norment) was passed. It is vital that localities retain local authority for the regulation of short-term rentals. Defeating SB1701 is important. The bill is in Senate Local Government.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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  • eNews May 3, 2018   Inside this issue Enough is enough. Pass a budget. Housing Commission work gets underway Northam, Stoney summer meals program conference call scheduled for May 24 FOIA council tackles lengthy list of issues School safety committee looks at past initiatives, new directions State policymakers consider proposed transportation spending Nominees sought for city governing body member […]
  • eNews April 19, 2018   In this issue VML website moving to new platform: Job postings can’t be added during this weekend General Assembly ends topsy-turvy week without finishing the budget Elections subcommittee begins operations State revenues dip in March but remain strong Housing Commission faces ambitious study schedule School facility subcommittee formed Who really pays for K-12 education? […]
  • eNews April 12, 2018   In this issue Golf course bill hits rough patch: Support the veto! Support amendments to mulch bills Don’t forget: Support amendments to wireless bills Northam takes a different route on transit bills Northam veto supports cap-and-trade plan Living wage, sanctuary cities bills vetoed Special session on state budget now underway Federal deficit goes up; […]
  • eNews April 10: ACTION ALERT   Support wireless amendments Please call your senators and delegates We are delighted to report that Gov. Ralph Northam has sent down amendments to the wireless public rights-of-way fees bills (HB1427 and SB823) and to the wireless infrastructure bills/zoning (HB1258 and SB405). But we need your help one more time on these bills. Please get […]
  • eNews April 3, 2018   Inside this issue Sign up now for emergency response seminar on May 4 Pretrial services program group starts work Latest curveball for CSA – parental consent affecting access to funding Statewide interoperability planning continues By right solar legislation signed Potential options for ammonia mitigation allowed Please respond to brief “med cottages” survey Energy conference […]
  • eNews March 26, 2018   In this issue The budget stalemate: What can local governments do? Northam draws line in the sand Congress and President Trump team up to avoid another government shutdown Policy committee nominations due April 18 Emergency response seminar rescheduled for May 4   The budget stalemate: What can local governments do? Your delegates and senator […]
  • eNews March 15, 2018   In this issue Don’t forget those veto letters! General Assembly finishes some unfinished transportation business from the 2013 session General Assembly reorganizes transportation decision-making General Assembly advances Metro rescue plan Update on zoning, land use bills Updates on other bills of interest that passed Bills that didn’t survive or were carried over   Don’t […]
  • eNews March 12, 2018   General Assembly will need a special session to finish its work The legislature is not likely to return until early April. The General Assembly adjourned sine die on March 10, failing to pass budgets for the remainder of fiscal year 2018 and the upcoming 2018-2020 biennium. The legislature also struck out in an unsuccessful […]
  • eNews March 9, 2018   In this issue: Legislature gives up on reaching a budget: Governor asked to convene a special session Ask for veto of wireless bills Write letters requesting veto of open space assessment bill Request veto of mulch bills School safety committee announced Value of historic rehabilitation tax credits tabulated   Legislature gives up on reaching […]
  • eNews March 8, 2018 – ACTION ALERT   Contact Governor’s Office on wireless bills Time is of the essence! Please contact Governor Ralph Northam’s office as soon as possible—and no later than Friday afternoon—to ask the Governor to veto HB1258 and SB405, and HB1427 and SB823. There is a possibility that the General Assembly will have to extend the session so that […]
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Upcoming Events

  • MEPAV Associate Membership Registration
    • MEPAV Associate Membership
      January 1, 2018 - December 31, 2019
      8:00 am - 5:00 pm
  • 2019 VEPGA Annual Meeting
    • VEPGA Annual Meeting
      May 2, 2019
      8:30 am - 2:20 pm

    2019 VEPGA Annual Meeting The Virginia Energy Purchasing Group Association (VEPGA), Annual Meeting will be held on Thursday, May 2, 2019, in Newport News.  The…

  • 2019 MEPAV Annual Conference
    • May 22, 2019 - May 24, 2019
      4:00 pm - 10:30 am

    The 65th Annual MEPAV Conference will be held at the Hilton Garden Inn in Virginia Beach Oceanfront on May 22 – 24.

  • Annual Conference 2019 - Exhibitor Registration
    • 2019 Annual Conference Exhibitor Registration
      October 6, 2019 - October 9, 2019
      8:00 am - 5:00 pm

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