eNews Feb. 8, 2019
Friday, February 08, 2019 - 04:46pm
In this issue:
- Action Alert: Tell Delegates to oppose the “checkbook” bill
- Action Alert: Proposed cap to parking fines affects all localities
- State budget conference begins next week
- Republicans push through tax relief
- Jail health standard bills now encompass ID/DD requirements
- Food trucks bill rolls on
- Bills being closely monitored
- Other bills VML is following
- Bills of interest that have died
Tell your Delegates to oppose the “checkbook” bill
SB1262 (Sturtevant), the “checkbook bill,” requires localities with over 25,000 population and each school division with over 5,000 students to post on their website a register of all funds expended in a particular format. The register must include the vendor name, date of payment, amount and a description of the type of expense. The requirement includes credit card purchases. The bill is in the House Counties, Cities and Towns Subcommittee #2. The House companion bill, HB1907 (VanValkenburg), was recommended to be tabled by a House Counties, Cities and Towns subcommittee.
Action
Please contact your delegates and ask them to oppose this bill!
Talking points
- 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
Proposed cap on parking fines applies to all localities
Weigh in on bill now!
Does your locality have any fines for parking tickets that are higher than $75? Do you charge more for parking in a fire lane or for blocking a fire lane or fire hydrant? What about illegal parking in a residential parking district? Do you prohibit the parking of commercial vehicles or trailers in a residential area? If so, how high is the fine? Over $75? Are you one of the localities that fine frequent parking violators more than $75?
If you answered yes to any of these questions, you need to get in touch with your Senators and Delegates now! SB1044 and HB1818 were identical, good bills when they were introduced. Their purpose was to give to counties and towns with populations of 40,000 or more some authority that cities of that size already have—the ability to hire a private firm to enforce parking regulations. Unfortunately, SB1044 was amended in committee to put a cap of $75 on any fine that any locality may charge for parking violations. Most fines are far less than $75—but a few, viewed by local governments as particularly serious violations—are more than $75.
When SB1044 was considered in the House Transportation Committee, the $75 cap was removed from the bill. When HB 1818 was heard in the Senate Transportation Committee, the opposite happened—the language setting the $75 maximum was added to the bill. Both bills are now expected to be approved by their respective bodies in the form approved by their transportation committees. Since they will then differ, they are expected to go to a conference committee to resolve the difference (i.e. the maximum fine language).
Action
Please contact your legislators and ask them to oppose putting the language setting a maximum fine in either of the two bills (SB1044 and HB1818).
VML Contact: Bernie Caton, bcaton@vml.org
State budget conference begins next week
General Assembly action on tax relief means the House and Senate will have a common revenue base
The House and Senate passed yesterday their respective budget amendment packages (HB1700 and SB1100). Senators unanimously endorsed the amendments submitted by the Senate Finance Committee. The House budget package passed comfortably by a 73 to 25 vote with bi-partisan support. The details of each budget package can be found here.
Speaker of the House of Delegates Kirk Cox immediately announced the House budget conferees following the final vote on HB1700. The conferees include Delegates Chris Jones, Steve Landes, Chris Peace, Barry Knight, Scott Garrett, Luke Torian, and Mark Sickles.
Senate Finance Committee co-chairs (Hanger and Norment) have not yet selected their body’s budget conferees.
The imminent passage of the Republican-scribed tax measures (SB1372 and HB2529) should make the budget conference operate more smoothly than last year’s bitter budget battle over Medicaid Expansion. Although there are spending differences between the two sides, neither package is heavily invested with Gov. Ralph Northam’s spending initiatives, meaning there should be a minimum of partisan divisiveness as well as a minimum of new or major spending items.
There are, however, more than a few issues of statewide significance that local governments will want to influence. VML has sent a spreadsheet to local finance and budget directors that compares actions taken on spending items by the governor, House and Senate. You can download a PDF version of the spreadsheet here.
Early next week, VML will also provide members with a summary of the most important state budget amendments that affect local budgets and local taxing authority.
VML staff will need everyone to pitch in to make local government voices heard; the din and distractions of this past week are likely to continue reverberating into next week.
VML Contact: nmenkes@vml.org
Republicans push through tax relief package
Floor votes slated for Monday
In a move that was as swift as it was stunning, House and Senate Republicans, with the governor’s blessing, announced this morning substitute measures to return nearly $1 billion in state taxes the Commonwealth would have accrued as a result of the 2017 federal tax changes.
The substitutes (SB1372 and HB2529) easily passed the Senate Finance and House Finance Committees today. And, perhaps of greatest interest to the more than 550,000 Virginians who have already filed their state tax returns, the two bills include an emergency clause stipulating that the legislation takes effect upon the governor’s signature.
In broad terms, the Republican package:
- Provides $420 million in tax refunds in October of this year ($110 for individuals and $220 for couples);
- Increases in Tax Year 2019, the standard deduction for individuals and couples by 50% ($4,500 for individuals and $9,000 for couples);
- Allows deductions under the current rules for state and local taxes (SALT);
- De-conforms state tax policy from the IRS Code for certain business expenses like deductions for business interest; and
- Deposits additional revenues tied to the federal tax cuts in a Taxpayer Relief Fund for future temporary or permanent tax relief in the next biennium.
Gov. Ralph Northam is expected to sign the measures into law next week upon passage and enrollment.
VML Contact: Neal Menkes, nmenkes@vml.org
Jail health standard bills now encompass ID/DD requirements
A House bill to direct the Board of Corrections to create health care standards for local and regional jails was amended by a Senate Committee to add new requirements. HB1918 (Stolle) was amended by the Senate Rehabilitation and Social Services Committee to conform with SB1598 (Dunnavant) that passed the Senate earlier this week.
As amended, HB1918 would require local and regional jails to assess inmates for intellectual and developmental disabilities (ID/DD) as well as for mental health issues. Services would be required as well. The concept was not addressed by the Deeds’ Subcommittee that has been studying mental health issues. There is most certainly a local fiscal impact, but the magnitude is unknown, since the type of assessment and the types of services that would be required under any new standards are not clear.
SB1598 will be before the House Health, Welfare & Institutions Committee next week; VML supports conforming it to the bill that originally passed the House.
VML Contact: Janet Areson, jareson@vml.org
Food trucks bill rolls on
The House Finance Committee will consider on Monday SB1425, a bill dealing with the licensing of mobile food units.
The version before House Finance differs significantly from the introduced version. The patron, Senator Siobhan Dunnavant, agreed to several amendments suggested by VML and VACo. These amendments remove much of the original bill’s sting.
As originally proposed, the legislation would have allowed the owner of a food truck business who is properly registered and licensed in his home locality to avoid paying a license tax in other localities where he conducts business.
The amendments accepted by the senator:
- Set a two-year expiration date on the license exemption to be paid in other localities after the payment of the initial license tax in the owner’s home locality;
- Require the food truck owner to register with the Commissioner of the Revenue or Director of Finance in any locality in which he conducts business regardless of whether the owner is exempt from paying a license tax in the locality;
- Limit the number of exemptions from license taxes in other localities to three food trucks; and
- Limit the license tax exemption to new businesses that locate for the first time to do business in a locality. An exempted business would not include a new business that is based on a merger, acquisition, similar business combination, name change, or a change to its business form.
The maximum business license fee for a food truck business is $500 and is set by state statute.
VML Contact: Neal Menkes, nmenkes@vml.org
Bills being closely monitored
| Number / Sponsor | Description | Current Location |
| HB1966 (Yancey) | Uniform Statewide Building Code; issuance of building permits | Senate: Referred to Committee on General Laws and Technology |
| HB2375 (Roem) | Adoption of zoning ordinance | Senate: Referred to Committee on Local Government |
| HB2549 (Jones) | Cluster zoning; density calculation | Senate: Referred to Committee on Local Government |
| HB1838 (Marshall) | Virginia Regional Industrial Facilities Act; revenue sharing; composite index | Senate: Referred to Committee on Local Government |
| SB1369 (Norment) / HB1667 (Kilgore) [killed in House] | VPPA; statute of limitations on construction contracts; statute of limitations on actions on performance bonds | Senate: Passed Senate (39-Y 0-N 1-A) |
| SB1262 (Sturtevant) | “Checkbook bill” – Localities and school divisions; posting of register of funds expended | House: Assigned CC & T sub: Subcommittee #1 |
| SB1403 (Petersen) | Eminent Domain; costs | House: Assigned Courts sub: Subcommittee #2 |
| SB1404 (Petersen) | Eminent Domain; costs for petition for distribution of funds; interest rate; recordation of certificate | House: Assigned Courts sub: Subcommittee #2 |
| SB1421 (Obenshain) | Eminent Domain; entry upon private property; calculation of just compensation; damages | House: Assigned Courts sub: Subcommittee #2 |
| SB1701 (Ebbin) | Regulation of short-term rentals; urban county executive form of government | House: Assigned CC & T sub: Subcommittee #2 |
| SB1430 (Obenshain) | Conflict of Interest; duties of the Virginia Conflict of Interest and Ethics Advisory Council; training requirement; inquiries from citizens | House: Assigned Courts sub: Subcommittee #2 |
| SB1759 (Surovell) | Undergrounding utility lines pilot program; transportation infrastructure improvement; urban county executive form of government | House: Referred to Committee on Commerce and Labor |
| SB1430 (Obenshain) | Conflict of Interest; duties of Virginia Conflict of Interest and Ethics Advisory Council; training requirement; inquiries from citizens | House: Assigned Courts sub: Subcommittee #2 |
| SB1701 (Ebbin) | Regulation of short-term rentals; urban county executive form of government | House: Assigned CC & T sub: Subcommittee #2 |
| SB1336 (Edwards) | Mechanics’ liens; notice of sale | House: Assigned Courts sub: Subcommittee #2 |
VML Contact: Michelle Gowdy, mgowdy@vml.org
Other bills VML is following
| Number / Sponsor | Description | Location |
|
FOIA |
||
| HB1772 (Mullin) | FOIA Council; advisory opinions; evidence in civil proceedings | Senate: Referred to Senate Rules |
| SB1101 (DeSteph) | Office of the Attorney General; representation of members of the General Assembly for violations of the VA Freedom of Information Act | Referred to House Appropriations |
|
Land Use; Stormwater Management |
||
| HB1614 (Cole) | Local Stormwater Management Fund; grant moneys | Senate: Referred to Committee on Local Government |
| SB1248 (Reeves) | Local Stormwater Management Fund | House: Assigned CC & T sub: Subcommittee #2 |
| HB2755 (Fariss) | Conservation easements; comprehensive plan | Senate: Referred to Committee on Agriculture, Conservation and Natural Resources |
| HB2686 (Knight) | Board of zoning appeals; vote requirement | Senate: Referred to Committee on Local Government |
| HB2310 (Hayes) | Local flood plain regulation | Senate: Referred to Committee on Local Government |
| HB2229 (Bagby) | Affordable housing; waiver of fees | Senate: Referred to Committee on General Laws and Technology |
| HB2342 (Thomas) | Conditional rezoning proffers | Senate: Referred to Committee on Local Government |
| SB1373 (Favola) | Conditional rezoning proffers | House: Reported from Counties, Cities and Towns (22-Y 0-N) |
| HB1649 (Fowler) | Boundary agreement, local; locality allowed to attach to their petitions to circuit court a GIS map | Senate: Referred to Committee on Local Government |
| SB1594 (Dunnavant) | Boundary agreement, local; locality allowed to attach to their petitions to circuit court a GIS map | House: Reported from Counties, Cities and Towns (22-Y 0-N) |
| SB1479 (Deeds) | Regulation of development in karst (similar House bill died in House committee) | House: Assigned CC & T sub: Subcommittee #2 |
| HB1913 (Bulova) | Subdivision ordinance; sidewalks | Senate: Referred to Committee on Local Government |
| SB1663 (Barker) | Subdivision ordinance; sidewalks | Senate: Referred to Committee on Local Government |
| SB1699 (Peake) | Subdivision and zoning; sidewalks | House: Assigned CC & T sub: Subcommittee #2 |
| SB1091 (Reeves) | Site plan approval; decommissioning certified solar energy equipment, facilities, or devices | House: Reported from Counties, Cities and Towns with amendment (22-Y 0-N) |
| HB2621 (Ingram) | Site plan approval; decommissioning certified solar energy equipment, facilities, or devices | Referred to Senate Local Government |
| SB1062 (McClellan) | Virginia Fair Housing Law; unlawful discriminatory housing practices | House: Referred to Committee on General Laws |
| SB1109 (McClellan) | VA Fair Housing Law; unlawful discriminatory housing practices; sexual orientation and gender identity | House: Referred to Committee on Rules |
|
Procurement |
||
| HB2328 (McNamara) | VPPA; proscribed subcontracting by certain small businesses | Senate: Referred to Committee on General Laws and Technology |
| HB1629 (Fowler) | VPPA; requests for proposals; publication | Senate: Referred to Committee on General Laws and Technology |
| HB2198 (Gilbert) | VPPA; exempts counties, cities, school boards, and towns with population greater than 3,500; competitive negotiation for professional services | Senate: Referred to Committee on General Laws and Technology |
| HB2071 (Bell) | VPPA; job order contracting; limitations | Senate: Referred to Committee on General Laws and Technology |
| SB1153 (Black) | VPPA; job order contracting; limitations | House: Passed House with amendments BLOCK VOTE (99-Y 0-N) |
|
Local referenda; ABC |
||
| SB1110 (Reeves) | Alcoholic beverage control; local referendums | Passed both houses |
| HB2634 (Hurst) | Alcoholic beverage control; local referendums | Senate: Reported from Rehabilitation and Social Services (13-Y 2-N) |
| HB1905 (Hurst) | Alcoholic beverage control; mixed beverage referendum; exception | Senate: Reported from Rehabilitation and Social Services (13-Y 2-N) |
|
Economic Development |
||
| HB2779 (Edmunds) | Enterprise zones | Senate: Referred to Committee on Local Government |
| SB1785 (McDougle) | Enterprise zones | House: Reported from Counties, Cities and Towns (22-Y 0-N) |
| HB2182 (Austin) | DGS; surplus property; opportunity for economic development entities to purchase prior to public sale | Senate: Referred to Committee on General Laws and Technology |
| SB1681 (Mason) | DGS; surplus property; opportunity for economic development entities to purchase prior to public sale | House: Referred to Committee on General Laws |
| SB1695 (Wagner) | Public utilities; acquisition of rights-of-way for economic development sites | House: Referred to Committee on Commerce and Labor |
|
Miscellaneous |
||
| HB2141 (Thomas) | Local service districts; broadband and telecommunications services | Senate: Referred to Committee on Local Government |
| HB1634 (Edmunds) | Additional sales and use tax in Halifax County; appropriations to incorporated towns for educational purposes | Senate: Referred to Committee on Finance |
| HB1866 (Peace) | Voluntary town audits; submission to the Auditor of Public Accounts | Senate: Referred to Committee on Local Government |
| SB1312 (Hanger) | Voluntary town audits; submission to the Auditor of Public Accounts | House: Assigned CC & T sub: Subcommittee #1 |
| SB1199 (Dance) | Public employment; inquiries by state agencies and localities regarding criminal convictions, charges and arrests | House: Referred to Committee on General Laws |
| SB1304 (Edwards) | Smoking in outdoor amphitheater or concert venue; civil penalty | House: Assigned General Laws Subcommittee #3 |
| SB1367 (Norment) | Dogs running at large in packs; local ordinance; civil penalty | House: Assigned ACNR sub: Subcommittee #1 |
| SB1684 (Petersen) | Six-year plans for secondary state highways; public meeting | On House floor; final vote is probably on Monday |
VML Contact: Michelle Gowdy, mgowdy@vml.org
Bills of interest that have died
As usual, many pieces of legislation have already died. Some issues will be studied further over the interim, including alternatives to annexation (HB2450 – Wilt) and impact fees/proffers (SB208 – Stuart and SB944 – Stuart). The latter two bills were sent to the Housing Commission.
Here’s a short take on other bills of interest that died:
| Number / Sponsor | Description |
| HB2806 (LaRock) | Local government; codification of ordinances; affirmative defense |
| HB2364 (Knight) | Agritourism; weddings |
| HB2276 (Murphy) | Conditional rezoning proffers |
| HB1858 (McQuinn) | VA Grocery Investment Program and Fund |
| HB2507 (Roem) | Office of the Attorney General; FOIA Ombudsman; powers and duties; report |
| HB2587 (Roem) / SB1623 (McPike) | Confidentiality of tax information; local tax officers sharing information with local administrative officers |
| SB1143 (Peake) / HB1801 (Ware) | Conditional rezoning proffers |
| SB1783 (Boysko) / HB2736 (Hugo) | Local employee grievance procedure |
| SB1116 (Petersen) / HB1669 (Carr) /HB2095 (Guzman) | Various bills on local banning of plastic bags |
| SB1127 (Favola) | Local Government taxing authority |
| SB1064 (Stanley) | Alcoholic Beverage Control; privileges of farm winery licensees and ltd. Breweries |
| SB1039 (Peake) | Eminent domain; commissioners |
| SB1524 (Black) | Conditional rezoning proffers |
| SB1155 (Black) | Screening of trash receptacles; local option |
| HB2424 (Levine) / SB1052 and SB1033 (Stanley) | Bills dealing with body-worn cameras |
VML Contact: Michelle Gowdy, mgowdy@vml.org
