eNews Feb. 19, 2019
Tuesday, February 19, 2019 - 04:14pm
In this issue:
- Action Alert: Call to oppose parking fines bill
- Bill affecting localities with small police departments heads to the floor
- Problematic revenue sharing bill reported
- Assessment appeals study moves forward
- Bills that are headed to final passage
- Procurement bills bite the dust
- Sidewalk bill resurfaces
- Bills that ran into trouble today
- Motorized scooters bill rolls on
- Wastewater conveyance structure bill going to the Governor
- City of Roanoke wins stormwater fees case
Call to oppose $75 maximum on parking fines
Bills being considered in conference committee would limit local authority
HB1818 (Delaney) and SB1044 (Black) were introduced to allow counties and towns with a population of at least 40,000 to contract out parking enforcement (writing parking tickets) to private firms—something cities can already do. As readers of eNews know, the Senate tried to amend the bills to include a provision that would limit parking fines to $75 or less, a move that would limit local authority which we vigorously opposed. While most parking fines are lower than $75, a few are not (e.g., parking in a fire lane). These bills are now in a conference committee to decide what to do with the attempt to set a maximum fine.
The conferees are Senators Black, Mason, and Suetterlein, and Delegates Bloxom, Delaney, and Yancey.
If any of these legislators represent your localities, please contact them and ask them to oppose the provision placing a cap on parking fines.
VML Contact: Bernie Caton, bcaton@vml.org
Localities with small police departments need to take note
HB2656 (Collins) and SB1708 (Edwards) amend the definition of “law-enforcement officers” in the Law-Enforcement Officers Procedural Guarantee Act by making the act apply to departments that have 3 or more officers. Currently the statute applies to departments that have 10 or more law-enforcement officers.
HB2656 was referred to the Senate General Laws Committee and it found more success than SB1708, which had died in Senate Courts earlier this session. HB2656 now heads to the Senate floor.
VML Contact: Michelle Gowdy, mgowdy@vml.org
Committee reports problematic revenue sharing bill
HB1838 (Marshall) was introduced at the request of Pittsylvania County. It would apply to localities that enter into a revenue sharing agreement under the Virginia Regional Industrial Facilities Act whereby tax revenues are shared between localities based on negotiations and agreements over the costs of land, infrastructure and other services the participating localities provide to develop an industrial site. The bill requires the Tax Department to apportion the percentage of tax revenue ultimately received by each locality in its calculation of the locality’s 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 of the localities in the agreement and would affect other jurisdictions as well.
VML is concerned that the bill would have a chilling effect on encouraging jurisdictions to cooperate on regional economic development projects.
VML Contacts: Neal Menkes, nmenkes@vml.org; Michelle Gowdy, mgowdy@vml.org
Assessment appeals study works its way through the House and Senate
Delegate Keam introduced HJR687 this Session, directing the Virginia Supreme Court to study options and models for a tax court system in Virginia.
After passing the House by an overwhelming majority, the bill landed this week in the Senate Rules Committee. The Committee “hijacked” the bill, replacing the Supreme Court as the fact finder with a joint legislative subcommittee. The bill’s purpose was also changed to “study court models and streamlined procedures for appealing tax practices.”
Under the Senate version, the joint subcommittee would “(1) seek input from local government representatives, property ownership and management associations, the judicial branch, and state and local tax administrators; (2) evaluate the tax court systems of other states; and (3) evaluate other options and models for streamlining appeals of a local board of zoning appeals or other similar local body, including options and models provided by research organizations.”
In the original version of the resolution, the study concludes by November 30, 2019. The Senate version calls for a two-year study finishing the report in time for the 2021 legislative session.
So, is there a crisis in the assessment appeals process? Taxpayers can appeal to their local Commissioner of the Revenue or Director of Finance. Taxpayers can file these appeals without the aid of an attorney. If the taxpayer is not satisfied, she can file an appeal to her local Board of Equalization made up of local citizens who come from the ranks of private real estate appraisers, developers and builders, and professionals in real estate law and finance. And, if still not satisfied, the taxpayer can appeal the real property assessment to the circuit court.
According to the 2017 Virginia Local Tax Rates published by the Weldon Cooper Center, there were 20,777 administrative assessment appeals filed statewide. Of this number, 10,472 (or 50 %) were granted by the local assessor, Commissioner of the Revenue or Director of Finance. Some 4,637 appeals were filed with local Boards of Equalization. Of this number, 2,341 (or 50%) were granted. Some 18 appeals were filed at the circuit court level with seven appeals granted.
The statistics indicate that local assessors and boards of equalization are not averse to granting assessment appeals. The judicial appeals are usually from large property owners (i.e. commercial properties like apartments). The miniscule number of judicial appeals from individual and small business property owners probably reflects the general satisfaction most taxpayers receive at the administrative appeals levels.
VML Contact: Neal Menkes, nmenkes@vml.org
Update on bills that appear to be moving toward final passage
HB2182 (Austin) and SB1681 (Mason) require the Department of General Services to notify a locality (the chief administrative officer and the economic development entity, if any) if the state has surplus real-estate property in the locality. The locality would have 180 days to submit a proposal for use of the real property and the department and locality would then try to reach an agreement on the sale. If there is no proposal offered within the 180 days, or if no agreement is reached, the Department could proceed with disposal of the property. There are minor language differences, but it is believed that Austin’s language will be used for the final version. HB2182 was reported from committee yesterday, Feb. 18 and SB1681 is on the House floor.
HB2263 (Krizek) / SB1494 (Edwards, Ebbin) amend the Firefighters and Emergency Medical Technicians Procedural Act by providing that evidence that is gathered solely through an interrogation with breached procedures will not be used in any investigation. HB2263 is making its way to the Senate floor and SB1494 is making its way to the House floor.
HB1772 (Mullin) would allow an advisory opinion issued by the FOIA Council to be introduced as evidence that the alleged violation was not made willfully and knowingly. The bill, which is a recommendation of the FOIA Advisory Council, is on the Senate floor.
VML Contact: Michelle Gowdy, mgowdy@vml.org
Procurement bills bite the dust…for now
SB1369 (Norment) and HB1667 (Kilgore) deal with the public procurement act and the statute of limitations on construction contracts for the state and localities. Each of these bills met the same fate and were passed by indefinitely in a subcommittee of House Appropriations Committee. However, there is study language in the proposed house budget which may make it into the final budget.
VML Contact: Michelle Gowdy, mgowdy@vml.org
Sidewalk bill resurfaces
In a surprise move, Senator Peake, whose sidewalk bill SB1699 was defeated last week in a House committee, proposed a substitute to HB1913 (Bulova) that essentially incorporated SB1699 into HB1913. These changes will now go back to the House for their approval or rejection. The major difference is that Senator Peake’s bill allows for the banking of dollars to be used as a sidewalk fund while the original version of HB1913 did not.
SB1663 (Barker) is yet another sidewalk bill that has already passed both bodies. It is identical to the original version of HB1913 and does not allow for the banking of dollars in a sidewalk fund.
VML Contact: Michelle Gowdy, mgowdy@vml.org
Bills that ran into trouble today
SB1012 (Chase) would have allowed firefighters/EMTs who have a resident concealed handgun permit to carry a concealed handgun on the job. The bill was on the House floor today and was re-referred back to the House Militia, Police & Public Safety Committee which had reported it last week on a 11 yes, 10 no vote.
SB1625 (McPike) updates the definition of permissible fireworks to use terminology from the fireworks industry. The bill was unanimously reported on a 22 yes, 0 no vote from a House committee but ran into a buzz saw today when the House defeated it on a 27 yes, 71 no vote. That vote was then reconsidered and the bill was passed by for the day.
VML Contact: Michelle Gowdy, mgowdy@vml.org
Motorized scooters bill poised to roll into action
HB2752 (Pillion), which authorizes localities to regulate the operation of companies that rent scooters or motorized skateboards, has now been approved by both the House and the Senate and awaits action by the Governor.
VML Contact: Bernie Caton, bcaton@vml.org
Bill allowing grants for wastewater conveyance structures flows to the Governor
HB1822 (Bulova), which authorizes the Department of Environmental Quality to award grants to small sewage treatment plants so that they can pipe their partially treated sewage to a larger plant for advanced treatment (such as nutrient removal), has now passed the House and Senate, and will go to the Governor for his signature.
VML Contact: Bernie Caton, bcaton@vml.org
City of Roanoke wins local authority to assess stormwater fees
On Friday, February 15, the City of Roanoke had a great win when the 4th Circuit Court ruled that the City can assess Norfolk Southern stormwater fees. Congratulations to City Attorney Dan Callaghan and the City of Roanoke!
Those interested in reading the opinion can download it here.
VML Contact: Michelle Gowdy, mgowdy@vml.org
