eNews January 18, 2018

Thursday, January 18, 2018 - 09:11am

In this issue:

Governor, Finance Secretary to speak at Legislative Day
Adopt resolutions opposing wireless bills
Update on regulation of stormwater; airports
Budget amendments to be released Jan. 18
Party ID bill returns
Keep up pressure on checkbook bill
Pretrial services threatened
Invalidation of local grievance procedures proposed
Update on fireworks
Ban the Box on Senate floor
Children’s Services Act-related bills introduced
Proffer bills abound
Local authority over non-smoking areas in outdoor venues proposed
Procurement bill dies in committee
Youth commission releases update to mental health treatment publication

Governor, Secretary of Finance to speak at VML’s Legislative Day

Governor Ralph Northam will be the opening speaker at VML’s Legislative Day, to be held Wednesday, Jan. 31, at the Library of Virginia in Richmond. Secretary of Finance Aubrey Layne is confirmed as a speaker as well. The program begins at 2:00 p.m. but registrants can pick up information packets beginning at 11:30 a.m. at the Library. Please make sure you register for this important event!

On-line registration and details are available here.

Keep pushing on wireless bills

Adopt resolutions in opposition to HB1278 and SB405

Please make sure you are communicating with your delegate(s) and senator(s) about legislation that would eliminate most local authority over the operation and installation of new wireless structures.

HB1258 (Kilgore) will be heard in the House Commerce and Labor Committee. The Senate version of the bill, SB405 (McDougle), will be heard in the Senate Commerce and Labor Committee.

Also, councils and boards of supervisors are urged to adopt a resolution in opposition to the bills. An explanation of the bills, including talking points, and a template for the resolution are posted here. Manuel, see attachments

Please let Michelle Gowdy (mgowdy@vml.org) know of any feedback or questions.

Update on regulation of stormwater; airports

SB367 (Newman) would allow localities who impose a stormwater fee to either partially or completely exempt airports from the fees regardless of whether the airport is working to reduce stormwater pollution or not. The bill is to be heard next Tuesday, Jan. 23, in the Senate Committee on Local Government.

Please ask members of the Senate Committee on Local Government to OPPOSE this bill

Talking points:

Airports should be treated the same as any other use and be required to reduce stormwater pollution.
While permissive, a full or partial exemption will place a financial burden on the locality and/or other entities who are required to pay the stormwater fees.

While SB367 is permissive, HB1004 (Byron) is not. The bill requires localities to waive all stormwater fees for public use airport runways and taxiways.

Please ask members of the House Agriculture, Conservation & Natural Resources Committee to OPPOSE this bill. The committee meets Wednesday mornings.

Talking points:

Airports should be treated the same as any other use and be required to reduce stormwater pollution.
The waiver of fees will shift the financial burden to the locality and to all other entities that are required to pay the stormwater fees.

VML contact: Michael Polychrones, MPolychrones@vml.org

Budget amendments to be released Jan. 18

Last Friday was the deadline for budget amendments to be submitted by House and Senate members. Those amendments will be available to General Assembly members at noon on Thursday, Jan. 18, and available to the public on the General Assembly’s legislative information system budget page.

The next step for budget amendments comes in the subcommittees of the House Appropriations and Senate Finance Committees. Amendments will be heard or considered by the subcommittees as they prepare their recommendations for the budgets to be proposed by their respective committees on Sunday, Feb. 18.

VML contact: Janet Areson, jareson@vml.org

Party ID bill returns

SB263 (Suetterlein) requires political party identification on local ballots for candidates nominated by a political party, except where the provisions of a local charter provide to the contrary.

The bill is in the Senate Privileges & Elections Committee, and could be heard next Tuesday, January 23.

Please urge members of the committee to OPPOSE the bill.

Talking points:

There is no good reason to draw local elections further into the hyper-partisan atmosphere of state and national elections.
This bill will affect most municipal elections. Only a handful of towns and less than half of the cities in Virginia have charter provisions that require that local elections either be non-partisan or that candidates get on the ballot through a petition process. SB263 will affect all other municipal elections. The General Assembly in past years has rejected requests by municipalities to include a non-partisan provision in charters.
There is not a Democratic or Republican way of responding to house fires, keeping the streets safe, enforcing the building code, or raising the funds to pay for the various services that the state requires localities to offer (and to pay for).
If local candidates are identified by party on the ballot, federal employees and members of the military would be prohibited from running for local office in many localities.
Political parties will be more active in city and town elections if the party label is on option. Injecting partisanship in local government and increasing the possibility of political bickering will not improve local government.

VML contact: Mike Polychrones, mpolychrones@vml.org

Keep up the pressure on the checkbook on-line bill

Make sure you have asked members of the Senate Local Government Committee to oppose SB751 (Sturtevant). The bill requires 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). Even if you already post checks monthly on-line, you may still not meet the criteria outlined in the bill.

Talking points are included in VML’s Jan. 16 Enews. An additional point is that some local governments use third-party credit card processors because that can save administrative expenses. That route will not be possible should this bill be passed, because the description of the type of expense will not be available.

The bill has a delayed effective date of July 1, 2019.

VML contact: Michelle Gowdy, mgowdy@vml.org

Pre-trial services threatened

Bills introduced to eliminate, study pretrial services in Virginia

Two bills aimed at pretrial services agencies have been referred to House Courts of Justice Committee Subcommittee #1. HB 997 (Gilbert) would repeal the pretrial services act as of July 1, 2019. Pretrial services place individuals awaiting trial in a community corrections program as opposed to keeping them in jail. VML has concerns about HB997 because of the potential fiscal impact and impact on jail populations.

The Virginia Community Criminal Justice Association provides this fiscal impact information:

In FY 2017 the average daily cost for pretrial supervision was $3.32 per person.
According to the latest Virginia Compensation Board Annual Jail Revenues and Expenditures report, the average daily cost of a jail bed is $85.47
The result: Pretrial supervision provides an average daily savings of $82.15 per person.
If pretrial services ceased to exist, local jails would likely have to absorb the costs of housing additional defendants; the costs to localities would be about $690,00 per day.

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.

Please express your concerns about HB 997 to the members of the committee.

HB 996 (Gilbert) would require the Department of Criminal Justice Services to perform an annual review of all pretrial services agencies to determine their compliance with their biennial plans and operating standards. An annual report to the Governor and General Assembly would be required. The bill is a recommendation of the Virginia State Crime Commission. Currently, these agencies are reviewed by DCJS on a periodic basis. VML does not have a position on this bill.

VML contact: Janet Areson, jareson@vml.org

Invalidation of local grievance procedures proposed

HB1471 (Hugo) would invalidate all local government grievance procedures that are approved by the Department of Human Resource Management. It would force local governments and the grievant to agree either an impartial panel or an administrative hearing officer, and then to agree on who that administrative hearing officer is. Should this bill be adopted, localities will have to rewrite their grievance procedures.

The bill is likely to be referred to the House Counties, Cities & Towns Committee, and it is not too early to gear up to talk to delegates about the bill.

Talking points:
This sweeping measure:

Eliminates grievance procedures that have been in place and approved by the Department of Human Resource Management.
Will make it difficult for a disgruntled employee and the locality to agree on a process and/or an administrative hearing officer.
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

Update on fireworks

SB173 (Stanley) allows for localities to host firework retail sales facilities or stores and creates the Local Consumer Fireworks Fund (“the Fund”). The Fund will be hosted by the State Comptroller and will consist of a fireworks tax that will be collected and distributed evenly amongst the localities in which fireworks are sold. The locality would have to use these funds to supplement the salaries paid to deputy sheriffs. The bill was re-referred to Senate Finance earlier this week and could be on the docket as early as next Tuesday.

SB778 (Suetterlein) is a much narrower fireworks bill that defines consumer fireworks in a broader fashion and prohibits a locality from regulating certain actions, such as transporting fireworks from a locality where they were legally obtained to a locality where they are legally permitted. The bill is in the Senate Committee on General Laws and Technology.

VML contact: Michelle Gowdy, mgowdy@vml.org

Ban the Box on Senate floor

SB252 (Dance) is the “ban the box” bill for state agencies and localities. The bill would prohibit the state and localities from asking job applicants about arrests or convictions until a conditional offer of employment had been made. The conditional offer may be withdrawn if the conviction directly relates to the duties and responsibilities of the position. The bill was reported out of the Senate Committee on General Laws and Technology on Jan. 15 and is on the Senate floor.

VML contact: Michelle Gowdy, mgowdy@vml.org

Children’s Services Act-related bills introduced

The rising cost and number of children being referred to private school special education programs has commanded the attention of state and local participants in the Children’s Services Act (CSA) program. Special education comprises 21 percent of the CSA mandated population, but makes up 45 percent of the CSA costs.

Bills have been introduced this year to look at potential ways to serve children in public school settings rather than private school special education programs, which tend to be more expensive. VML supports these bills, which are as follows:

HB 176 (Bell, Richard) would allow for a pilot program in two school divisions to identify the resources needed by students to keep them in a public school setting rather than a private school special education program. The pilots will look at all potential resources – federal, state, and local, including CSA funds and the potential for redirecting them to a public school. The bill is in the House Education Committee.

SB 205 (Stuart) and HB 1346 (Thomas) would expand eligibility for services (and funding) under CSA to students who transfer from an approved private school special education program to a public school program established and funded jointly by a local government and school division in Planning District 16 (as requested by Stafford County). The public school program would have to be able to provide services comparable to those of an approved private school special education program, and the eligible students would require placement in a private school special education program but for the availability of the public school program.

SB 205 is in the Senate Education & Health Subcommittee on Public Education; HB 1346 is in House Education.

In addition, Delegate Richard Bell has introduced HJR 29, which calls for a study by the Joint Legislative Audit and Review Commission (JLARC) of the CSA program. CSA has been the subject of JLARC studies in the past, but it has been at least a decade since the last study. This bill has been referred to the House Rules Committee. VML has no position on this proposal.

VML contact: Janet Areson, jareson@vml.org

Proffers bills abound

SJ13 (Black), HB163 (Ware), SB458 (Peake), HB1446 (Sickles), HB89 (John Bell), SB469 (Reeves) are all bills dealing with proffers.

SJ13 sets up a study of proffers. The committee would meet over the summer and look at data regarding the changes in development projects; new or revised policies and practices adopted by localities regarding negotiations with developers; litigation, decisions of local boards of appeals, and other justiciable matters that have resulted from the proffer reform bill; and any other effect the proffer reform bill has had on development. Local developers, localities and other stakeholders would be invited to participate. The study resolution is in Senate Rules.

HB163/SB458, which are identical, are an attempt to clarify projected impacts of projects. The bills would add to (C) of §15.2-2303.4 clarifying language, so that the last sentence would say: “For the purposes of this section, a locality may base its assessment of public facility capacity on the projected impacts specifically attributable to the new residential development or new residential use or to previously approved residential developments, or portions thereof, that have not yet been completed.” HB163 is in House Counties, Cities and Towns Subcommittee 2. SB458 is in Senate Local Government.

HB1446 states that Fairfax County (defined by form of government) is not subject to the proffer code section (§15.2-2303.4).

HB89 is an attempt to deal with affordable dwelling units and proposes to add that the code section does not apply to onsite proffers related to the provision of affordable dwelling units. The bill is in House Counties, Cities and Towns Subcommittee 2.

Lastly, SB469 removes the definition of “small area plan” and also removes the word “unreasonable.” It also removes any cause of action unless it is brought pursuant to subsection F of §15.2-2285. The bill is in Senate Local Government.

VML contact: Michelle Gowdy, mgowdy@vml.org

Local authority over non-smoking areas in outdoor venues proposed

SB149 (Edwards) would allow localities by ordinance to designate nonsmoking areas in outdoor amphitheaters or concert venues owned by the locality. The locality also could provide signage. The bill was reported out of the Senate Committee on Local Government Tuesday afternoon. There was legislation on this issue last year that was unsuccessful.

VML contact: Michelle Gowdy, mgowdy@vml.org

Procurement bill dies in committee

SB241 (Marsden) would have required every public body when entering into a construction contract paid for by state or local funds and in excess of $500,000 to have 75% of the employees employed by contractors and subcontractors to be from the local labor market. This bill was passed by indefinitely in the Senate Committee on General Laws and Technology.

VML contact: Michelle Gowdy, mgowdy@vml.org

Youth commission releases update to mental health treatment publication

The Virginia Commission on Youth recently published the sixth edition of its mental health resource, the Collection of Evidence-based Practices for Children and Adolescents with Mental Health Treatment Needs. This newest edition summarizes current information on mental disorders that commonly affect youth, and identifies treatments that are scientifically proven to be effective. The Collection is tailored specifically to service providers, parents, caregivers, educators, and other members of the community seeking information about mental health treatments for children and adolescents.

The sixth edition contains updated information such as the reorganization of disorder classifications, including the unification of the four categories of autism under the term Autism Spectrum Disorder; the clarification of diagnostic criteria for children suffering from trauma disorders; and the addition of new disorders such as binge eating. The Collection also includes descriptions of mental health treatments that have been proven through scientific research to be effective, as well as an extensive list of resources.

The Virginia Commission on Youth first published the Collection in 2002 at the direction of the Virginia General Assembly. The update was done with the guidance of an advisory board whose members included licensed psychologists, social workers, and counselors who specialize the field of children’s mental health.

The full text of the edition is posted on the Commission on Youth’s website at https://vcoy.virginia.gov.

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