eNews February 6, 2018

In this issue
- Pretrial services bills to be heard tomorrow
- Delinquent tax collection measure moves forward
- Transportation bills are in the works
- Regional charter school bill to be heard in Finance
Pretrial services bills to be heard tomorrow
A bill (HB997-Gilbert)to repeal the pretrial services act in the Code of Virginia is on the docket for the House Courts of Justice Subcommittee #1 on Wed., Feb. 7. Del. Gilbert is chair of the committee.
Pretrial services programs place individuals awaiting trial in community corrections programs as opposed to keeping them in jail. Eliminating the program would drive up local jail costs, potentially increase overcrowding, and hurt poor people who cannot afford to post bail. Please express your concerns about HB 997 to the members of the subcommittee.
Del. Gilbert also is the patron of HB996. This bill requires an annual, rather than the current periodic, review of pretrial services programs to ensure compliance with biennial plans and operating standards. Conducting an annual review of programs and ensuring compliance is a better course of action.
A 2012 study by the Joint Legislative Audit and Review Commission reported that pretrial services appear to help localities manage local and regional jail populations with the result of reducing the cost for jails and perhaps putting off or avoiding entirely costly expansions. Public safety costs are reduced because individuals awaiting trial can be transferred out of jails and into lower or no-cost community release. The section of the report on pretrial services begins on page 49.
VML contact: Janet Areson, jareson@vml.org
Delinquent tax collection measure moves forward
A measure that should help the collection of local delinquent taxes or fees cleared the House of Delegates on Feb. 5 by a vote of 98 to 0 a bill. HB489 (Hurst) permits a local treasurer or director of finance to enter into an agreement with DMV to have the Commissioner refuse to issue or renew vehicle registrations for persons with local delinquent taxes or fees.
Current statutes target vehicles rather than the drivers who are delinquent in paying their taxes and fees. HB489 flips the focus from cars to drivers.
Before Friday’s vote, the House Transportation Committee had endorsed a substitute to provide an applicant an initial 90-day registration for a vehicle purchased subsequent to the onset of enforcement actions, giving the applicant time to satisfy all the taxes and fees owed to a locality. Under HB489, the initial registration period of 90-days cannot be extended by another month as provided in § 46.2-752.1 of the Code of Virginia.
VML contact: Neal Menkes, nmenkes@vml.org
Transportation bills are in the works
On Feb. 5, the Transportation Subcommittee of House Appropriations voted 8-0 to approve an amendment in nature of a substitute for HB765 (S.C. Jones). The comprehensive measure expands the responsibilities of the Office of Intermodal Planning and Investment of the Secretary of Transportation; clarifies the residency requirements for the urban and rural at-large members of the Commonwealth Transportation Board; and stipulates that the Six-Year Improvement Program will only commit funding from the State of Good Repair Program, the High Priority Projects Program or the Construction District Grants Programs if the commitment is enough to complete the project or program.
There are two other provisions from the bill that will interest local officials. First, the bill prohibits a member of a local governing body from serving on the Commonwealth Transportation Board during his or her term of office.
The second provision concerns VDOT’s road revenue-sharing program. Under the bill, the Board may make an equivalent matching allocation to any locality up to $5.0 million for use by a locality to improve, construct, maintain or reconstruct the highway systems within a locality. The maximum allocation under current law is $10.0 million. The bill also reduces the maximum amount that can be used for maintenance from $5.0 million to $2.5 million. Lastly, HB765 reduces the maximum amount of revenue-sharing funds in any given fiscal year from $200.0 million to $100.0 million or seven percent of funds available for distribution under § 33.2-358 D, whichever is greater.
The Senate Finance Committee in its Feb. 6 meeting approved SB896 (Wagner). The bill sets a “price floor’ using the February 20, 2013, statewide average sales price for gasoline for calculating the two regional gas taxes authorized by the 2013 General Assembly session. This means if the current market price falls below the “price floor,” then the price floor will be used instead of the current market price. Wagner’s bill incorporates SB140 (Petersen) which dealt only with Northern Virginia. The table below shows the additional revenue impact of SB896 for the biennium.
Fiscal Year |
Dollars |
Fund |
Dollars |
Fund |
2019 | $32,340,000 | NVTC & PRTC* | $15,620,000 | Hampton Roads |
2020 | $30,900,000 | NVTC & PRTC* | $15,000,000 | Hampton Roads |
*Northern Virginia Transportation Commission and Potomac & Rappahannock Transportation Commission
Source: Department of Planning and Budget Fiscal Impact Statement |
VML contact: Neal Menkes, nmenkes@vml.org
Regional charter school bill to be heard in Finance
SB516 (Obenshain) would allow the State Board of Education to establish regional charter school divisions that would then operate regional charter schools. The school board would consist of 8 members to be appointed by the State Board of Education, and up to 3 to be appointed by the local school boards. The regional board would then be authorized to approve charter school applications. State per pupil Standards of Quality funding would follow the student to this regional school.
SB516 was referred from the Senate Education and Health Committee to the Senate Finance Committee, where it will be heard tomorrow, Feb. 7.
VML’s education policy statement supports local school boards retaining the authority to establish charter schools.
Governor Terry McAuliffe vetoed similar legislation enacted in the 2017 session.
VML contact: Janet Areson, jareson@vml.org
VML legislative staff and assignments
Michelle Gowdy – Local government authority, planning and zoning, legal matters, housing, Freedom of Information, telecommunications and technology. mgowdy@vml.org; 804-523-8525
Janet Areson – Health and human services, and the state budget. jareson@vml.org; 804-523-8522
Mike Polychrones – Environment, land use, natural resources, elections and transportation policy. mpolychrones@vml.org; 804-523-8530
Neal Menkes – Taxation and finance, the state budget, transportation funding, retirement, education funding and community and economic development. nmenkes@vml.org; 804-523-8523
Roger Wiley (under contract) – Courts, criminal law, civil law, and procurement. roger@heftywiley.com; 804-780-3143
Chris LaGow (under contract) –Insurance and workers’ compensation. chris@lagowlobby.com; 804-225-8570