Other Approved Legislation

• Environment
• Finance
• Land Use
• Local Government
• Public Safety
• Transportation
• Miscellaneous

Budget Overview

back to top

The General Assembly closed a $3.8 billion gap between revenues and expenditures by adopting amendments to the FY02 budget and approving a $50 billion biennial budget for 2002-2004. Both contain reduced revenues as well as spending and program cuts that will be felt at the local level. Following are highlights of the approved FY03/FY04 state budget:

TJPD Action Items:

Education

The budget restores half of the funding for the School Construction Grants Program ($27.5 million each year) proposed for elimination in the introduced budget. While no teacher salary increases are included in the first year, the spending plan provides $101.4 million in a reserve account to be used for second-year pay increases for state employees, faculty, state-supported local employees and teachers. Legislators are expected to address the second-year salary issue during the 2003 session.

The budget includes over $128 million to begin funding two recommendations contained in the JLARC report on elementary and secondary education funding. To find dollars for these and other actions, a number of program reductions and captured savings were utilized, including the elimination of the lottery hold harmless program ($29.7 million), the additional teachers program ($57 million over the biennium), the school building maintenance supplement ($19.3 million over the two years), the Standards of Learning (SOL) Teacher Training Program ($35 million) and the SOL Materials Program ($12.8 million). Also, you will recall that the introduced (and approved budget) shift approximately $36 million in costs from the state to localities for the retired teacher health insurance credit program (the state also lowered its health care contributions for retired state employees). More than a quarter billion dollars is depleted from the Literary Fund, historically used to provide low interest loans for school construction, to pay for teacher retirement. The education budget is buffered by nearly $77 million in new federal funding from the "No Child Left Behind" Act. While the education budget is touted as being $200 million higher than the FY02 appropriation, cost estimates heading into the biennium for continuing current programs totaled nearly twice that amount.

Transportation

The approved budget restores the $652 million transfer (using FRANS and general funds) from the Transportation Trust Fund (TTF) contained in the introduced budget. FRAN debt is supported with general funds. Attempts also were made to ease coming cuts in primary, secondary and urban road funds; proposed cuts to both secondary and urban road funding exceed 40%. The Commonwealth Transportation Board (CTB) is expected to produce a revised 6-year plan by the end of the fiscal year. The Secretary of Transportation is required to report on the Virginia Transportation Act (VTA) of 2000 in spring, summer and fall. Reports are due on transportation revenue estimates by June 1 each year, and by the end of August, on end-of-fiscal year numbers.

Also, budget language clarifies the intent of the General Assembly that $9.3 million in VTA for the TransDominion Express can be used to finance pay-as-you-go costs for preliminary engineering, track upgrades, etc.

Comprehensive Services Act

The approved budget restores CSA funding of $26.9 million that was reduced in the introduced budget and maintains the current local match requirements for the program. It also includes language requiring the Secretary of Health and Human Services to develop plans to improve the program and contain costs, including minimum standards for using federal funds at the local level, revised allocation methodologies, reimbursement procedures and cost-sharing formulas for localities, and projections of caseloads, service needs and costs. Additional language clarifies that CSA funding shall only be used for residential placement through a non-custodial foster care agreement that results from certain court involvement, or a founded CPS investigation that indicates parents have been unable or unwilling to provide the necessary services.

Other Items Affecting Local Governments:

• HB 599 Funding-FY03 funding is based on lower revenue projections, resulting in a $2.5 million reduction from the introduced budget. FY04 funding is then frozen at the FY03 level (a $12 million reduction from the introduced budget). The FY02 state budget also contains a $5.5 million reduction.
• Compensation Board-Budgets for all constitutional officers, except sheriffs, are reduced by 7% in FY03 and 8% in FY04; sheriffs' budgets are reduced by 5% each year. Approved budget language places a moratorium on appeals of Comp Board actions (due to legislative budget reductions), but does not prohibit constitutional officers from suing local governments. Further, the June 2002 Comp Board reimbursement to constitutional officers is shifted to July, producing FY02 savings to the state of $25.1 million.
• VJCCCA Funding and Offices on Youth-The budget eliminates funding of nearly $4.2 million for local offices on youth and makes a 51% cut ($30 million reduction) in funding for the Virginia Juvenile Community Crime Control Act (VJCCCA). The Department of Juvenile Justice must devise a plan for converting this program into competitive grants in FY04.
• Inmate Per Diem Payments-The approved budget restores $5 million each year in per diem payments for state-responsible offenders housed in local and regional jails, then provides an additional $9.8 million over the biennium for per diem payments. A language amendment states that felons convicted since January 1, 1995, having received more than one sentence to be served consecutively, are state-responsible so long as the sentences exceed 12 months. Such felons convicted before that date are state-responsible so long as the sentences total more than two years.
• Correctional facilities-A language amendment modifies the methodology used to determine the amount local jails are to reimburse the state for housing federal and out-of-state inmates. This change is not applicable to any jail where the total federal share of capital costs exceeds the state's share of capital costs. The budget includes $1.02 million each year to restore payments in lieu of taxes to those localities housing state prisons (Fluvanna-approximately $40,000).
• Personal property tax-Personal property (car) tax relief is frozen at 70% (saves the state $118 million) for the next biennium. Budget language sets up a process for local governments to obtain certification that only personal vehicles are receiving car tax relief. Such certification, to be in place by next January and to be done annually, could be obtained by requiring that an assessment notice be returned, through the local decal process, through the vehicle registration process, and by getting certification when personal property taxes are paid.
• Fee Increases-Several fees are increased, effective May 1 and continuing into the next biennium, with anticipated revenue from such increases to exceed $92 million. These include a $12 increase in district court processing fees (to $40) for criminal and traffic cases, and a $4 increase (to $16) for civil cases; deed processing fees will increase by an additional $10 (now $.15/$100 value). There also is a $10 increase (to $35) in notary fees.
• Services for behavioral health care-The budget contains language exempting direct services for the mentally disabled from across-the-board cuts. What remains is a 1% reduction (about $2.2 million in each year) for community services boards (CSB's). The introduced budget recommended a $25.6 million reduction.

  The budget also increases general fund and matching Medicaid dollars for high case management rates paid to CSB's. Rates for mental retardation increased from $175 to $260/month. Rates for mental health services increased from $208/month to $260/month. Also, DMAS, along with the Association of CSB's and others, is to examine the use of Medicaid funds for capital and start-up costs for mental health facilities.

  The Department of Mental Health, Mental Retardation and Substance Abuse Services (MHMRSAS) is to develop a plan for mentally disabled children that includes juvenile offenders. The scope has been broadened to include examination of funding restrictions under CSA which impede rural localities from developing local programs for children who often are referred to residential treatment. Also, the plan is to recommend how rural localities can improve prevention, intervention and treatment.

• Indigent care-The budget substitutes non-general funds for general funds in FY04 for part of indigent care costs. For FY04, the general funds appropriation for indigent care is $24.3 million, of which $2.8 million goes to UVA. Language is deleted that requires unexpended balances in state/local hospitalization program to remain in the program and not revert to the general fund at year's end; language is added that says such unexpended balances shall revert.
• Comprehensive Health Investment Project (CHIP)-The budget restores $125,000 each year of the proposed general fund reductions for CHIP, and allows CHIP to retain additional federal TANF funds proposed in the introduced budget to substitute for the general funds. Partial restoration of state funding for Healthy Families (approximately $8 million over the two years) also is included in the budget.
• Substance abuse treatment-The approved spending plan reduces funding for the Substance Abuse Reduction Effort in local community corrections programs by $2.5 million each year, and limits the amount of funding the Department of Criminal Justice Services may spend on administration. Also eliminated is more than $1.5 million (general and nongeneral funds) for jail-based substance abuse treatment programs.
• PAPIS-The budget provides $1.75 million in the first year for prerelease and postincarceration services, representing funding at 80% of the amount received in FY02. Funds are eliminated in the second year.
• Drug Courts-The budget provides $2.1 million in the first year for a dozen local drug court programs, representing funding at 80% of the amount received in FY02. Funds are eliminated in the second year.
• Emergency medical services-The budget provides an additional $3.2 million each year for emergency medical services, specifically to be used to address concerns raised in the 1999 EMS task force report. In addition, with the passage of HB 82 increasing the motor vehicle registration fee, additional funds ($30 million) are to be directed to emergency services; however, specifically for the next biennium, this $2 increase shall be used for emergency medical services, first responders and public safety purposes.

  The budget includes $5 million in federal funding for terrorism, used to reimburse local governments and state agencies for additional costs associated with responding to an emergency incident, including provision of equipment and for training. The Department of Emergency Management will establish criteria for fund application.

• Aid to Libraries--The approved budget reduces state aid to local libraries by 7.5% ($3.5 million each year), rather than the 25% cut proposed in the introduced budget.
• Environment-The budget provides only $1.8 million in general and nongeneral funds for the Department of Environmental Quality's (DEQ) Total Maximum Daily Load (TMDL) program, which contains standards for the maximum amount of discharge that can be made into any "impaired" segment of Virginia's waterways and which requires a plan for eliminating violations of these standards.

  The budget triples water and wastewater permit fees for two years to make up for a $6.1 million budget reduction at the Department of Environmental Quality. The Secretary of Natural Resources is charged with developing a long-term plan to adequately fund water, waste and hazardous waste regulatory programs in DEQ (shall seek input from local governments). The Secretary also will develop a plan to merge the Chesapeake Bay Local Assistance Department within the Department of Conservation and Recreation to avoid overlap and duplication.

  The budget provides $850,000 to develop a statewide water supply planning initiative and to sponsor groundwater research.

  Finally, Soil and Water Conservation District funding is reduced by 50%, per the Department of Conservation and Recreation's budget reduction strategy.

• Regional Competitiveness Act-Funding of $18 million for the 19 partnerships in this program is eliminated. Meanwhile, the across-the-board reduction for Department of Housing and Community Development (which funds PDCs) is 4%.
• Workforce Services- A language amendment provides that unused WIA funds returned to VEC be reallocated by the governor to service areas where unobligated funds were derived, for use in education programs. The Joint Legislative Audit and Review Commission (JLARC), as part of its current workforce training review, is to examine the effectiveness of state administration of WIA, and whether transfer from VEC to another agency (VCCS) is appropriate. Also, $2 million is added each year for a workforce services program. Regional Partnerships may apply for funds under a DHCD-prescribed process. Application evaluation shall consider availability of jobs within a region for specific workforce services provided, median income and unemployment rate of region, participation and contributions of local governments, and local Workforce Investment Board projects.
• Virginia Retirement System-The budget maintains monthly local contributions to VRS, but moves state agencies to quarterly contributions. Local contribution rates for group life insurance will decrease nearly a point, due to a two-year premium holiday.
• ABC Profits-ABC profits distributed to localities are reduced by an additional $5.8 million over the biennium. The introduced budget reduced the distribution by approximately 50%.
• Airport Funding-The budget authorizes $6.6 million in debt for the Aviation World's Fair, with debt service to be paid from airport discretionary funds; the Newport News/Williamsburg Airport will not receive other discretionary funding until all other airports have received their approved funding and/or the debt service is retired.
• Industrial Site Development Fund-The introduced budget contained provisions for $850,000 in both years for this fund, as well as $2 million each year from bond proceeds for grants. The approved budget removes the $850,000 the first year, then in the second year, adds $800,000 to the $850,000 for a total appropriation of $1.65 million the second year. It strikes the provisions providing for the bonded indebtedness.
• Economic Development-The Secretary of Commerce and Trade is to report on state incentives in creating investments and jobs in Virginia. The report shall identify, by planning district, 1) the number of companies receiving business investments, 2) the dollar amount of each incentive, 3) the number of jobs created and average salary, 4) the amount of investment agreed upon by the state and the company as a condition for receiving such incentive.
• Rural Prosperity-The Rural Prosperity Commission receives $13,200 in the first year to continue its work to establish the Center for Rural Virginia.

Legislative Priorities And Results

back to top

Following is a brief summary of activity on the 2002 TJPDC Legislative Program "Action Items."

Standards of Quality Funding

This TJPDC action item endorsed state funding of its share of the realistic costs of meeting the Standards of Quality (SOQ).

HB 884 (Hamilton) and SB 350 (Howell) direct the BOE to include in its annual report justification of each standard in the SOQ and whether changes are recommended, while SB 201 (Houck) requires the BOE to prescribe standards, and that budget estimates recognize any proposed changes. SJR 120 (Marye) directs the BOE to revise the SOQ to ensure they are realistic according to current needs and practices. HB 1136 (Dillard) adds elementary school guidance counselors to required staffing recognized in the SOQ and its funding calculations.

Transportation

The TJPDC action item on transportation called for additional transportation dollars.

HB 297 (McDonnell) and SB 77 (Colgan) allow cities and towns, with CTB consent, to spend urban construction funds for resurfacing, restoration, rehabilitation and reconstruction of streets.

HJR 211 (Callahan) establishes a joint study committee to review the findings of the recent JLARC report on transportation, specifically changes to the road classification system and allocation formula. A technical advisory committee of local government representatives will assist the work of the study committee.

SB 382 (Whipple) allows VDOT to fund and undertake pedestrian and bicycle projects apart from highway projects. SB 393 (Whipple) directs CTB to prepare a statewide Pedestrian Policy.

HB 659 (May) establishes a Rustic Road Program, effective July 1, 2003. VDOT, at a county's request, may designate a road/road segment as a "Rural Rustic Road" if it (i) is located in a low-density development area and has an average daily traffic volume of less than 500 vehicles per day and (ii) has a posted speed limit consistent with road topography and features. For a road or road segment so designated, it must utilize a paved surface width based on reduced and flexible standards that leave trees, vegetation, side slopes, and open drainage abutting the roadway undisturbed to the maximum extent possible.

Comprehensive Services Act (CSA)

This TJPDC action item advocated increased CSA funding, including for local CSA administration.

HB 621 (Morgan) clarifies certain CSA administrative processes and procedures, including consultation with local governments about CSA implementation, operation and distribution of state pool money; requires notice to the local chief administrative officer (not just the CPMT chair) of possible compliance problems that could affect state reimbursements to a locality.

Tax Structure and Reform

The TJPDC action item on tax structure and reform requested the state to broaden revenue sources available to localities.

The VML/VACo bills (HB 575, HB 961 and SB 380) proposing that the state share a portion of the income tax with localities were not acted upon, but will be examined further by the legislature. The joint subcommittee established in 2001 to study and revise the state tax code continues this year. Additionally, HJR 209 (Bryant) establishes a joint subcommittee to examine telecommunications taxes and to report its findings and recommendations to the tax code study by August 1.

Land Use and Growth Management

This TJPDC action item urged the state to preserve existing local land use authority and to provide additional tools to manage growth.

The Commission on Growth and Economic Development was continued for another two years with approval of HJR 156 (Hall). Ten specific charges were recommended for additional study, including the need for dedicated state funding to preserve open space; the creation of a statewide housing policy; and reform of VDOT funding methods, including increased flexibility to localities in the use of state street maintenance and construction funding and changes to minimum street width standards.

HB 477 (Suit) requires a first class letter to be sent to every lot owner affected by a zoning text amendment that decreases the allowed dwelling unit density of more than 25 lots.

HB 495 (Orrock) provides that once recorded, a preliminary subdivision plat shall be valid for five years, if the final plat is submitted within one year and the developer "diligently pursues" (incurs extensive obligations or expenses) approval of the final plat. Localities may revoke such approval after three years upon finding that final plat approval has not been pursued.

HB 1299 (J.C. Jones) allows valid, nonconforming status to remain with a manufactured home meeting HUD standards that has replaced another nonconforming manufactured home.

OTHER APPROVED LEGISLATION

Environment

back to top

HB 1103 moves responsibility to regulate the land application of sewage sludge (biosolids) from the Health Department to the State Water Control Board (SWCB) and the Department of Environmental Quality (DEQ). This bill brings all land applications of sewage sludge under DEQ regulatory authority effective May, 2004. New DEQ regulations will be the same as the Board of Health's Biosolids Use Regulations, to the extent such regulations are consistent with the SWCB's statutory authority. The bill must be reenacted by the 2003 General Assembly to become effective. (Orrock)

HB 1257 directs the Virginia Waste Management Board to develop new permit fee schedules sufficient to cover no more than 20% of the costs of hazardous and solid waste programs, up to a 300% increase. The bill also triples the statutory caps on water permit fees. There is a July 1, 2004, sunset on the new fee structure and the Secretary of Natural Resources must develop a plan to fund the environmental permit programs. (Dillard)

SB 554 provides that any valid permit or approval required for an electric generating plant issued or granted by federal, state and local governmental entities shall be deemed to satisfy requirements for State Corporation Commission consideration of the effect of the facility on the environment with respect to matters that are governed by the permit or approval or are within the authority of and were considered in the issuance of the permit or approval. The bill also allows DEQ and the Air Pollution Control Board to consider the cumulative impact of new and proposed electric generating facilities on attainment of national ambient air quality standards. (Norment)

Finance

back to top

HB 86 excludes from the definition of food, for purposes of the sales tax reduction program, food sold by any retailer where the gross receipts derived from the sale of food prepared by such retailer for immediate consumption on or off premises, constitutes more than 80% of the gross receipts of the establishment. (Orrock)

HB 181 adds horse trailers to the separate classification for personal property taxation now reserved for camping trailers and travel trailers. (Parrish)

HB 208 increases from $6,500 to $8,500 the amount of income of each non-spouse relative living in a dwelling that may be excluded from the total combined income calculation when determining if the dwelling owner qualifies for partial exemption or deferral of the real property tax. (Cole)

HB 227 and SB 275 allow localities imposing a tax pursuant to service district authority to base the tax on the full assessed value of the property within the district, rather than on a land preservation assessment, provided the property owner consents. (Janis, Stosch)

HB 228 allows localities that have established sanitary districts to base their tax assessments within such districts on fair market use, rather than on a land preservation assessment, provided the property owner consents. (Janis)

HB 317 allows a person assessed with a local license tax one year, instead of 90 days, to appeal to the assessor for a correction. The bill also allows any person assessed with a local license tax, as a result of a determination that is adverse to such person, to apply within 90 days to the Tax Commissioner for a correction. Finally, a person who has appealed and not received a determination from the local assessing official for two years may treat such lack of action as an adverse review and seek review by the Tax Commissioner. (Howell)

HB 318 applies similar changes (as contained in HB 317) to persons assessed with a local business tax. (Howell)

HB 486 authorizes the DMV Commissioner, upon entering into an agreement with a locality, to refuse to issue or renew vehicle registration of applicants who have not paid the locality's decal fee or personal property taxes. Current provisions exempting delinquent personal property taxes of $50 or less and requiring that the tax be levied against the vehicle whose registration is being denied are eliminated. (Reid)

HB 536 allows local governments to pay an employee activated for military duty all or any portion of the difference between his regular pay and the military pay received during all or any part of the term of active federally-funded military duty. (Devolites)

HB 825 authorizes all public bodies to accept most payments by any commercially acceptable means (check, credit/debit card, electronic transfer) and to levy service charges. (Nixon)

HB 911 and SB 119 remove the requirement that the total square footage of replacement structures cannot exceed 30% of the replaced structure. Instead, the bill allows localities to establish such requirements. (Oder, Stosch)

HB 1160 allows localities to determine if the amount of tax relieved when a vehicle is disposed of after tax day will be refunded or credited against other personal property taxes owed by the taxpayer; current law allows taxpayers to choose. (Tata)

HB 1179 allows jail superintendents and officers to charge reasonable fees for security, supervision and transportation provided for prisoners taken to a funeral or graveside service. (Hurt)

SB 343 authorizes any locality to adopt a local enterprise zone development taxation program for any technology zone located within its boundaries, regardless of whether the technology zone has been designated by the Governor as an enterprise zone. (Ruff)

SB 604 establishes contingency reserves as a major classification of school funds, but does not require local governments appropriating by major category to provide funding for this new category. Existing law requires that school boards obtain approval from the local government to move funds between categories. (Potts)

SB 685 provides that for real estate adjacent to a scenic river, a scenic highway, a Virginia Byway or public property in the Virginia Outdoors Plan, the real estate shall consist of at least one-quarter acre to be eligible for use value assessment and taxation; current law provides that such real estate consist of a minimum of two acres. (Ticer)

SB 693 provides that any county or city may assess, through June 30, 2004, up to a $5 fee as part of the costs in each criminal or traffic case in its district or circuit court in which the defendant is convicted, with such fees to be used for providing courthouse security. (Stolle)

Retirement:

HB 26 increases from three to six years the period of time within which employers choosing to pay a portion of members' retirement contributions must begin paying the entire amount of such contributions. (Callahan)

HB 906 directs the Department of Human Resource Management to develop a long-term care insurance program for local employees, local officers and teachers. (Athey)

SB 565 clarifies that enhanced retirement benefits for a law-enforcement employee are available only after the employee has earned five or more years of creditable service in a law-enforcement position, and that a retired law-enforcement officer cannot return to work as a law-enforcement officer, then choose to retire with different retirement benefits, unless he returns to work for at least five years. (Stolle)

Land Use (other)

back to top

HB 185 and SB 76 allow localities with a population density of at least 75 persons per square mile to provide for an off-site tree canopy bank to meet a portion of a development's tree canopy requirements in instances where its local ordinance allows for reasonable exceptions to or deviations from standard tree canopy requirements during the development process. (Parrish, Colgan)

HB 346 allows localities to provide in zoning or subdivision ordinances, conditions and criteria for clustering of single-family dwellings and preserving open space. If clustering proposals comply with the locality's adopted criteria, the development and open space preservation shall be permitted by right under the local subdivision ordinance, with approval done administratively by the locality's staff and without a public hearing. No local ordinance shall require that a special exception, special use, or conditional use permit be obtained for such developments. However, the locality many continue to require approval of a special exception, special use permit, conditional use permit or rezoning when the proposed density is greater than the density permitted in the applicable land use ordinance. Localities currently providing for clustered developments upon approval of a special exception have until July 1, 2004, to comply with the provisions of this bill. (Albo)

HB 463 consolidates and reorganizes existing provisions related to brownfields restoration. The bill also creates the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund to consist of any state money appropriated, as well as other sources. Local governments would be eligible to receive grants and loans from the fund and businesses could receive loans for promoting restoration and redevelopment of brownfield sites. (Suit)

HB 993 clarifies that a board of zoning appeals may only revoke a special exception that has been granted by the board of zoning appeals, and that a governing body that issues special exceptions may revoke such special exceptions in the same manner as the board of zoning appeals. (Councill)

HB 1178 provides that if the provisions of a recorded plat or final site plan, specifically determined by the governing body to meet previously approved zoning conditions, conflict with any underlying zoning conditions of such rezoning approval, the provisions of the recorded plat or final site plan shall control. (Hull)

Local Government

back to top

HB 36/HJR 13 provides for a November referendum that would allow local governing bodies to grant, by local ordinance, tax exemptions for property used for charitable and certain other purposes. Presently, the General Assembly may exempt such property by a three-fourths vote in each house. (Howell)

HB 106 authorizes local governments to post prominently in their main administrative building the phrase "In God We Trust, the National Motto, enacted by Congress in 1956." The bill directs the Attorney General to provide legal defense of this act and allows local governments to accept contributions to defray implementation costs. (R.G. Marshall)

HB 163 delays local elections if the locality's redistricting plan has not received U.S. Justice Department preclearance at least 30 days before the general election and provides for the rescheduling of the election (Effective March 26, 2002). (Wright)

HB 182 increases the amount localities can pay members of advisory boards from $50 to $75 per meeting, not to exceed one meeting per month, and allows localities to provide compensation for training. (Parrish)

HB 378 allows cities and towns to shift their May elections to November in either odd-numbered or even-numbered years. (Van Yahres)

HB 479 allows an alternate member of a local board of zoning appeals to be appointed for votes in which a regular member must abstain. (Suit)

HB 668 provides civil immunity to employees for truthful reporting of a co-employee's threatening conduct. (Cox)

HB 757 creates a presumption that hepatitis, meningococcal meningitis, tuberculosis or HIV causing death or disability of firefighters, paramedics, emergency medical technicians, members of county, city or town police departments, and sheriffs and deputy sheriffs who are exposed to blood or body fluids are occupational diseases for the purposes of workers' compensation. The presumptions shall apply only if such persons have undergone preemployment physical examinations and shall be effective until six months following the examinations. (Amundson)

HB 816 expands the statutory protections (freedom from discharge, requiring use of sick or vacation time, or adverse personnel action), currently available to employees who are summoned or subpoenaed to court, to include persons having already appeared or are required to appear at a future hearing. (Almand)

HB 843 requires pretrial, nonbinding mediation before a neutral third party when requested by either a condemning authority or a property owner whose property is being acquired. (Drake)

HB 844 and SB 107 repeal the July 1, 2002, sunset for various provisions regarding eminent domain procedures that were slated to expire. (Drake, Marye)

HB 847 allows local government attorneys to be paid at an hourly rate and to recover reasonable expenses. (Stump)

HB 994 includes building permits and erosion and sediment control permits as those that localities may issue subject to payment of delinquent real estate taxes. (Councill)

HB 1021 and SB 245 allow a locality, industrial development authority or economic development authority in certain underserved areas to offer qualifying communications services, including high-speed data service and Internet access service, or to enter into public-private partnerships to offer such services. Approval by the State Corporation Commission is required and remains valid for at least five years. (D.W. Marshall, Wampler)

HB 1190 requires that should a governing body inspect any proposed public facility constructed by a subdivider or developer that is the subject of any performance guarantee the inspection shall be based solely upon conformance with the terms and conditions of the performance agreement. (Hull)

HB 1282 provides that localities may not prohibit city and county treasurers' office employees, sheriffs and their deputies, Commonwealth attorneys, circuit court clerks and commissioners of revenue from participating in political activities while off duty, out of uniform and not at their workplace. Existing law extends this provision to firefighters, emergency medical technicians and law-enforcement officers. (Ingram)

SB 181 delays until July, 2004, the provision in the Code that lifts the current annexation moratorium if the state fails to fund the HB599 program in accordance with state law. (Trumbo)

SB 234 adds Albemarle County to the list of those localities allowed to enact special affordable housing ordinance provisions. (Hanger)

SB 269 allows localities and water and waste authorities to contract for meter reading, billing and collections, leak detection, meter replacement and any related customer service functions. (Puckett)

SB 276 makes the local governing body a "tenant in common" with the local school board when the locality has incurred a multi-year financial obligation to fund the acquisition, construction or improvement of public school property. Such tenancy in common arises when the local governing body incurs the financial obligation and terminates upon payment of the obligation. The local governing body 1) shall not have any additional powers over school board decisions concerning such property, and 2) may elect, by resolution, not to acquire tenancy in common to some or all public school property in the locality (Effective April 6, 2002). (Stosch)

SB 359 authorizes localities to limit the use of waste depositories or receptacles, which it owns or maintains, to the disposal of garbage and other solid waste originating from within the locality boundaries. Any locality adopting such an ordinance may provide penalties for violations. (Reynolds)

SB 369 requires counties, if not currently engaged in centralized competitive purchasing, to obtain approval of the school board before including the school board in the county's centralized competitive purchasing of supplies. (Blevins)

Public Safety

back to top

HB 61 requires a panel to determine that a danger to health, welfare, and safety of court employees or the public exists before a judge can issue an order requiring a county or city to construct a new courthouse or to repair an existing courthouse. (Morgan)

HB 82 doubles the motor vehicle registration surcharge used to support emergency medical services from two dollars/year to four dollars/year. From July 1, 2002, through June 30, 2004, the additional two dollars will be used for emergency medical services, first responders, and public safety purposes, with the existing two dollars continuing to be used for emergency medical services. On and after July 1, 2004, all revenues will be used to support emergency medical services. (Orrock)

HB 310 allows pretrial services agencies and community-corrections probation officers access to juvenile court records without a court order, for the purpose of preparing pre- and post-sentence reports, risk assessment instruments and investigating or serving adult local-responsible offenders. (Howell)

HB 566, HB 894 and SB 493 allow localities and other law-enforcement entities in non-contiguous localities to enter into mutual aid agreements; current law requires entities to have contiguous boundaries. (Byron, McDougle and Newman)

HB 839 establishes the Thermal Imaging Camera Fund administered by the Department of Fire Programs to assist local fire departments, other fire services organizations and local governments to purchase thermal imaging cameras. (Thomas)

HB 948 expands current Code provisions to provide immunity for volunteer fire and emergency medical services personnel while traveling in fire fighting apparatus or other emergency vehicles in connection with performing fire, rescue or other emergency operations. (Landes)

HB 1030 expands provisions in the Code dealing with maximum speed limits to apply the penalties presently applicable only to speeding in residence districts (fine up to $200) to all properly signed roads and streets in residence districts in any locality. (Moran)

HB 1053 expands standards for basic training and recertification of law-enforcement officers and statewide guidelines for policing programs to include sensitivity to cultural diversity and the potential for biased policing. The Department of Criminal Justice Services is authorized to produce a model policy for use by state and local agencies to ensure that law enforcement personnel are sensitive to and aware of cultural diversity and the potential for biased policing. (Melvin)

SB 317 prescribes, among other things, that the Public Defender Commission require and ensure that each public defender office collect and maintain caseload data and fields in a case management database on an annual basis. (Stolle)

SB 593 authorizes localities to adopt workplace rules prohibiting employees from bringing guns to the workplace, but prohibits them from adopting resolutions, motions or taking administrative action to ban the public from bringing guns onto government property. The bill also repeals local bans that became effective after 1987. (Hanger)

Transportation (other)

back to top

HB 771 expresses the intent of the General Assembly that the Statewide Transportation Plan be produced with a statewide focus, and not as the result of an aggregation of smaller local, district or regional plans. (Watts)

HB 836 requires that the interests of pedestrians and bicyclists be represented on the Board of Transportation Safety. (Thomas)

HB 1188, among other things, allows localities, in lieu of establishing a shared ride taxi system, to provide financial subsidies, low-interest or interest-free loans or tax incentives to assist with the capital costs of nonprofit vanpools, and authorizes localities to give personal property tax breaks to all small non-profit vanpool vans. (Darner)

HB 1255 prohibits certain localities from adopting ordinances prohibiting parking of two motorcycles in single parking spaces. The bill allows any locality to adopt ordinances permitting parking of three or more motorcycles in single parking spaces. (Nixon)

SB 251 revises various Code sections to bring greater stability and uniformity to the way construction funds and maintenance funds are distributed to and matching fund requirements are applied to small towns. (Hawkins)

SB 262 allows CTB to convey to local governing bodies portions of state highways acquired incidental to the construction, maintenance or repair of the highway system and which constitute a section of public road. (Lambert)

Miscellaneous

back to top

HB 173 and SB 208 make the Freedom of Information Advisory Council a permanent legislative agency. (Woodrum, Houck)

HB 235 allows public access to nonexempt portions of local government-authorized consultant reports when the report contents have been distributed or disclosed to members or the public body has scheduled action on a matter that is the subject of the report. (Gear)

HB 286 designates the entire length in Virginia of the Blue Ridge Parkway, Skyline Drive, George Washington Memorial Parkway, and the Colonial Parkway as scenic highways and Virginia byways. (O'Bannon)

HB 322 and SB 344 require the Governor to submit at the beginning of even-numbered year legislative sessions, a long-term plan that includes a six-year financial outline of estimates of anticipated revenues for each major program as well as estimated appropriations required for each major program. (Callahan, Chichester)

HB 344 allows local governments to create a service district with authority to acquire interests in real property to preserve open-space. Currently, such service districts are limited to purchasing development rights to be dedicated as conservation easements and open-space purposes. (Albo)

HB 395 exempts from mandatory disclosure under the Freedom of Information Act the names, addresses and telephone numbers of complainants furnished in confidence concerning an investigation of zoning enforcement complaints made to a local governing body. (Lingamfelter)

HB 450 creates the Virginia Administrative Dispute Resolution Act, which authorizes public bodies to use dispute resolution proceedings. (Dillard)

HB 658 allows community services boards to hire, for adult substance abuse treatment programs, persons who previously were convicted of certain crimes. The hiring provider must determine, based upon a screening assessment, that the criminal behavior was related to the applicant's use of substances, and that the person has been successfully rehabilitated. (Devolites)

HB 700 and SB 134 provide certain Freedom of Information Act (FOIA) exemptions in light of the threat of terrorist activities. The following records now are exempt from disclosure: 1) specific tactical plans or security/emergency procedures, the disclosure of which would jeopardize government workers or public safety, government facility or information storage system; and 2) engineering and architectural drawings, operational, procedural, tactical planning or training manuals, or staff meeting minutes, the disclosure of which would reveal surveillance techniques, personnel deployments, alarm or security systems or technologies, operational and transportation plans or protocols, and to the extent such disclosure would jeopardize the security of any governmental facility or persons within. Also, a public body may convene a closed meeting to discuss plans to protect public safety as it relates to terrorist activity, to include briefings by staff members or legal counsel. Custodians of public records also are allowed to require a requester of records to provide name and legal address. SB 134 is effective April 17, 2002. (S.C. Jones, Stolle)

HB 731 and SB 308 exempt from the mandatory disclosure requirements under FOIA, electronic mail addresses furnished to a public body for the purpose of receiving electronic mail from the public body, provided that the recipient requests that the public body not disclose such information. (Woodrum, Edwards)

HB 813 requires the Board and Department of Housing and Community Development to develop a strategy concerning the expansion of affordable, accessible housing for older Virginians and Virginians with disabilities and to advise the Governor on such action. (Almand)

HB 941 delays the effective date, until January 1, 2003, for civil penalties being invoked on animal pounds and shelters violating state regulations. (Morgan, Stolle)

HB 1023 authorizes local housing authorities to refinance loans for assistance in planning, developing, acquiring, constructing, repairing, equipping or maintaining commercial, residential or other buildings. (Scott)

HB 1211 replaces the standards of the Southern Building Code Congress and the Building Official Conference of America with the International Code Council for formulating building code provisions by the Board of Housing and Community Development. The bill also declares the intent of the General Assembly to improve the condition of existing, commercial properties. (Van Landingham)

HB 1235 expands the records exemption for confidential proprietary records to an affected local jurisdiction, as defined in the Public-Private Transportation Act of 1995. Currently, this exemption applies only to records submitted to a responsible public entity. The bill also provides an exemption from the open meeting provisions for discussions relating to such confidential proprietary records. (Watts)

SB 226 defines, for the purposes of regulating outdoor advertising along highways, the term "lawfully erected" to mean any sign that was erected pursuant to a state permit unless the local governing body has evidence of noncompliance with ordinances in effect at the time the sign was erected. (Trumbo)

SB 681 authorizes private entities to acquire, design, construct, renovate, expand, equip, maintain or operate qualifying projects, including a public school facility, after obtaining approval of a public entity that has the power to take such actions with respect to such projects. A public entity may approve such a facility if it determines that (i) there is a public need for or benefit derived from the project; (ii) the estimated cost of the project is reasonable in relation to similar facilities; (iii) the private entity's plans will result in the timely acquisition, design, construction, renovation, expansion, equipping, maintenance, or operation of the project. Prior to undertaking such project, the private entity shall enter into a comprehensive agreement with the responsible public entity. The bill exempts such projects from the Virginia Public Procurement Act. (Stosch)

Studies And Resolutions

back to top

House Study Resolutions

HJR 5 requests the Department of Medical Assistance Services to examine its transfer of assets rule as such rule relates to land-use assessments and eligibility for Medicaid. (Orrock)

HJR 31 establishes a 10-member joint subcommittee to review the State and Local Government Conflict of Interests Act. (R.G. Marshall)

HJR 44 establishes a six-member joint subcommittee to study alternative funding sources for nonstate agencies. (O'Bannon)

HJR 60 continues the work of the HJR 685/ SJR 387 joint subcommittee (established last year) to study ways to revise the state tax code. (McDonnell)

HJR 118 and SJR 117 continue the Commission on the Future of Virginia's Environment. (Cox, Bolling)

HJR 124 requests the Department of Business Assistance and the Virginia Economic Development Partnership to redouble their efforts to enhance the growth and prosperity of economically stressed communities in the Commonwealth. (Armstrong)

HJR 142 and SJR 97 continue the study of health and treatment needs of offenders with mental illness or substance abuse disorders, begun last year, though various cabinet secretaries and state agencies. (Weatherholtz, Martin)

HJR 143 encourages VML and VACo to communicate to the legislature strategies for a better partnership between local and state governments in obtaining resources to assist volunteer rescue squads and fire departments and in developing strategies for recruitment and retention. (Landes)

HJR 159 continues the Rural Virginia Prosperity Commission for the purpose of establishing the Center for Rural Virginia. (Hogan)

HJR 163 requests the Center for Innovative Technology and the Secretary of Technology to study ways for advancing affordable, high-bandwidth electronic networks in rural Virginia. (Saxman)

HJR 202 directs a two-year, State Water Commission study of the state's water policies, including an examination of the adequacy of current laws and policies in providing adequate water supplies, and the proper state role in data collection, water supply and watershed planning, water allocation, dispute resolution and water development. (Landes)

HJR 211 establishes a joint study committee to review the findings contained in the recent JLARC report on transportation, specifically changes to the road classification system and allocation formula. A technical advisory committee of local government representatives will assist the work of the study committee. (Callahan)

HJR 236 and HJR 251 encourage the Virginia Disability Commission to make identification of improved housing opportunities for people with disabilities its top priority this year, and to facilitate collaboration among stakeholders to develop recommendations for strengthening intergovernmental and interagency coordination of housing programs for people with disabilities. (Van Landingham, Bloxom)

HJR 251 and SJR 159 requests the Secretary of Natural Resources to examine options for providing a stable source of funding for conservation of open space, including options for additional grant support and public-private partnerships. (Bryant, Deeds)

Senate Study Resolutions

SJR 82 requests the Secretary of Technology to study and develop guidelines for the use of private sector sponsorship funds on government websites. (Newman)

SJR 102 requests the Secretary of Health and Human Resources to identify viable incentives to encourage localities to enhance or maintain funding levels for non-mandated children under the Comprehensive Services Act. (Houck)

SJ 111 continues the Virginia Housing Study Commission, with specific charges to examine (i) strategies for increasing homeownership opportunities among minorities and new immigrants, (ii) possible reimbursement of certain litigation-related expenses in certain condemnation cases, and (iii) warranties or some form of insurance on new building products introduced into the housing construction market. (Mims)

SJR 116 continues the study by the Legislative Transition Task Force of the Virginia Electric Utility Restructuring Act, to include an examination of the effects of emissions credit trading on the statewide cap on nitrous oxide emissions. (Newman)