eNews Jan. 15, 2019
Tuesday, January 15, 2019 - 04:48pm
In this issue:
- Tax exemptions for surviving spouses of veterans
- Proffer bill updates coming soon
- TOT on state cabins and campground rentals
- Local authority for use of mobility devices on sidewalks
- Expansion of parking enforcement options
- Plastic bag bills may be trashed
- Jail health bills introduced
- Grocery fund bills introduced
- Budget amendments coming soon
- Eminent domain bill updates
Property tax exemptions for surviving spouses of disabled veterans steams ahead
The House Finance and Senate Finance Committees advanced this week identical bills to permit the surviving spouses of certain disabled veterans to continue their real property tax exemptions even if the surviving spouses move to new principal residences. The bills implement the constitutional amendment (HJR 6 of the 2018 Session) approved in last November’s general election.
Unlike the property tax exemptions provided to survivors of soldiers killed in action and of first responders killed in the line of duty, the real estate exemption for disabled veterans and their survivors is not subject to a cap.
The General Assembly in 2019 will also consider new property tax exemptions for veterans and their survivors. SJ278 offered by Senator Reeves and HJ676 offered by Delegate Filler-Corn are identical and would provide that one motor vehicle of a veteran who has a 100 percent service-connected, permanent, and total disability will be exempt from state and local taxes.
HJ657 offered by Delegate Pogge provides that, as of January 1, 2021, the real property tax exemption for the surviving spouse of a 100 percent disabled veteran will apply regardless of whether the disabled veteran died prior to January 1, 2011. Under the current constitutional real property tax exemption, if a veteran received a 100 percent disability rating and died prior to January 1, 2011, his surviving spouse is not eligible for the exemption pursuant to state statutory law. The effect of this constitutional amendment is to make eligible veterans who served in the Vietnam War, and is likely to substantially increase the cost to localities.
According to a survey done by the Commissioners of the Revenue, these real estate exemptions cost local governments over $50.0 million in tax year 2018.
VML Contact: Neal Menkes, nmenkes@vml.org
Proffer bills taken up by the Senate
This afternoon the Senate Local Government Committee took up the proffer bills (below). We will provide a complete update in a supplemental edition of eNews early tomorrow:
- SB1143 (Peake) – this bill includes old language proposed by the Homebuilders of Virginia along with a clarification on how to calculate capacity from previously approved residential developments.
- SB1373 (Favola) – this bill includes several changes, the first of which adds a subsection that will allow the applicant/owner to submit a proffer that the applicant/owner deems reasonable and appropriate. It also allows communications between the parties, states that the applicant must object in writing to the governing body prior to grant or denial of the rezoning application as the basis for a lawsuit and stipulates that nothing prohibits or requires presentation, analysis, or discussion on potential impacts of new residential development or new use on the locality’s facilities. The current version also amends the small area comprehensive plan, but we do not think that this language will stay.
- SB1524 (Black) – this bill adds detail to the definitions of “public facilities” (and other “facility” related definitions). It also removes the word “specifically” from the small area comprehensive plan, allows any reasonable and appropriate proffer to be offered and changes the legal standard from “clear and convincing” to “preponderance of the evidence.”
Additionally, three proffers related bills on the House side will be heard on Wednesday in subcommittee #1 of the House Counties, Cities and Towns Committee.
- HB2276 (Murphy) has an option to not use 15.2-2303.4 (C)
- HB2342 (Thomas) is similar to Favola’s bill.
- HB1801 (Ware) is similar to Peake’s bill.
Bill to impose transient occupancy taxes on state cabin and campground rentals advances
The House Finance Committee endorsed by a 14-to-7 vote a measure (HB1778) that would permit localities to tax transient room rentals and travel campgrounds in state parks. Delegate Bob Bloxom has patroned similar bills in past sessions. However, these measures have always been derailed in the Senate Finance Committee.
VML Contact: Neal Menkes, nmenkes@vml.org
Bill amended to clarify local authority on use of mobility devices for disabled individuals on sidewalks
HB1786, as introduced, caused concern among some local governments, because of fears that it might open the use of sidewalks to electric scooters without sufficient local government oversight. However, the bill’s patron, Delegate Hurst, intended it to allow local governments, if they wish, to permit persons with disabilities to operate mobility vehicles or devices on sidewalks. To allay concerns, Delegate Hurst drafted a substitute. The bill now stipulates that nothing in the Code section being amended (§46.2-903) can be construed to prohibit any public entity from allowing the use of “power-driven mobility devices” by disabled persons on sidewalks.
The revised bill was reported out of a House Transportation Subcommittee on January 15; it will now be taken up by the full House Transportation Committee.
VML Contact: Bernie Caton, bcaton@vml.org
Bills seek to expand parking enforcement options for counties and towns
Current law (§ 46.2-1220 of the Code of Virginia) allows any locality to designate a department, official, or employee of the locality to enforce parking regulations. It also allows cities with a population of 40,000 or more to contract with private firms to do the enforcement. HB1818 (Delaney) and SB1044 (Black) would extend this authority to all localities (including counties and towns) with a population of at least 40,000. HB1818 was passed in subcommittee and awaits action by the full House Transportation Committee; SB1044 awaits consideration by the Senate Transportation Committee.
VML Contact: Bernie Caton, bcaton@vml.org
House panel bags bag bill, Senate expected to trash similar recycling measures
The House Finance Committee voted Monday to pass by indefinitely a bill (HB1669) offered by Delegate Betsy Carr to authorize localities to impose a tax of five cents per bag on disposable plastic bags provided to consumers by certain retailers. The money would be used for the mitigation of pollution and litter.
Two recycling bills are before the Senate Finance Committee on Wednesday. SB1070 offered by Senator Adam Ebbin is identical to HB1669 (above). The second measure (SB1116) imposes a five-cent per bag tax on plastic bags provided to customers by certain retailers in localities situated wholly within the Chesapeake Bay Watershed and directs revenues to be used to support the Chesapeake Bay Watershed Implementation Plan. Senator Chap Petersen is the patron. It is unlikely that either bill will be approved by the Committee.
VML supports legislation to allow local option authority to develop incentives or regulations to decrease or otherwise regulate the distribution, sale, or offer of disposable plastic bag.
VML Contact: Neal Menkes, nmenkes@vml.org
Jail health, behavioral health standards bills introduced
Bills have been introduced this year to establish statewide standards for health and behavioral health in local and regional jails.
HB1918 (Stolle) and SB1598 (Dunnavant) are companion bills that would authorize the state Board of Corrections to establish minimum standards for health care services in local, regional, and community correctional facilities as well as procedures for enforcing these standards. The Commissioners of Health and Behavioral Health would provide guidance and advice on these regulations and procedures.
These bills would also require that jails submit standardized quarterly continuous improvement reports documenting the delivery of health care services, along with any improvements made to services. These reports would be posted on the Board’s website for public access.
Jails accredited by national associations could be deemed to meet the minimum standards solely on the basis of their accreditation, but every jail would still be required to submit quarterly continuous improvement reports.
The bills are a recommendation of the General Assembly’s Joint Commission on Health Care, which studied health standards during the past two years.
HB1918 is in the House Health, Welfare, and Institutions Committee and will be taken up in subcommittee next Tuesday; SB1598 is in the Senate Rehabilitation and Social Services Committee, which will meet Friday. VML is monitoring the bills.
HB1942 (Bell) would authorize the State Board of Corrections to establish minimum standards for behavioral health services, including forensic discharge planning services, in local and regional jails, along with procedures for enforcing these standards. The State Inspector General and the Commissioner of Behavioral Health will assist. The bill also calls for the establishment of a procedure to conduct at least one unannounced annual behavioral health services inspection of each jail by the Board or its agents and allows the Board to authorize additional announced or unannounced inspections as it deems necessary. Additionally, the bill also calls for regulations directing the sharing of medical and mental health information and records between jails and community-based health/behavioral health providers.
HB1942 came out of the Joint Subcommittee Studying Mental Health in the 21st Century (the Deeds Committee). The bill is in House Health, Welfare, and Institutions Committee and will be taken up in subcommittee next Tuesday (Jan. 22).
VML supports establishment of minimum standards but is concerned with the funding of new requirements, especially given the reduction of state support for jail per diems that occurred during the Great Recession and that have never been restored (per diems were reduced from $8 to $4/day for local responsible and from $14 to $12/day for state responsible – a reduction of more than $27 million based on CY09 inmate population).
VML Contact: Janet Areson, jareson@vml.org
Grocery fund bills introduced
Legislation to create a Virginia Grocery Investment Program have been introduced again in the House and Senate. The investment program would provide funding for the construction, rehabilitation, equipment upgrades, or expansion of grocery stores, small food retailers, and innovative food retail projects in areas without access to grocery stores.
HB1858 (McQuinn) has been referred to House Appropriations Committee; SB SB999 (Stanley) and SB1189 (Dance) are in the Senate Finance Committee.
VML supports efforts to promote healthy living and healthy communities, including access to healthy foods.
VML Contact: Janet Areson, jareson@vml.org
Budget amendments to be released
The first week of the General Assembly marks the deadline (Jan. 11) for submittal of member budget amendments. VML, in cooperation with the Virginia Association of Counties, sought the introduction of a number of budget amendments covering education, state assistance to local police departments (HB 599 funding), CSB funding, and the communication sales and use tax program.
The submitted budget amendments will be made public this week; the next issue of eNews will include information about the local government budget amendments introduced and any others of particular interest to local governments.
VML Contact: Janet Areson, jareson@vml.org
Update on eminent domain bills
As previously reported, the following bills were heard in Senate Courts of Justice Committee this week. The updated status for each is indicated below:
- SB1039 (Peake) this bill requires a land owner in a condemnation proceeding to submit to jurors (instead of commissioners) for a determination of just compensation. If the property owner does not elect a jury, the court would make the determination of just compensation.
- Status: Passed by indefinitely
- SB1403 (Petersen) removes a section of 25.1-245.1 which makes all costs assessed in the same manner regardless of the identity of the condemnor (i.e. the agency condemning the property). This includes public service companies, public service corporations and railroad or government utility corporations. It also repeals §25.1-245 which relates to costs assessed in condemnation proceedings.
- Status: Passed the Senate
- SB1404 (Petersen) removes a section of §25.1-245.1 that makes all costs assessed in the same manner regardless of the identity of the condemnor. This includes public service companies, public service corporations and railroad or government utility corporations. The bill also repeals §25.1-245 which relates to costs assessed in condemnation proceedings.
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- Status: Passed the Senate
- SB1421 (Obenshain) changes the provisions that deal with entry upon private property in an eminent domain proceeding along with other changes related to just compensation and damage recovery resulting from the reformation, alteration, revision, amendment or invalidation of a certificate in the eminent domain proceeding.
- Status: Passed the Senate
VML Contact: Michelle Gowdy, mgowdy@vml.org
