Other Approved Legislation

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

Budget Overview

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The state has made nearly $6 billion in budget adjustments over the past two sessions to bring revenues in line with expenditures. The 2003 session faced a budget gap of about $2 billion that was ultimately tackled using spending and program reductions, increased fees and some one-time budget fixes. Following are highlights of amendments to the two-year state budget:

TJPD 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).

The budget includes $27.5 million for compensation supplements in FY04 for the state share of a 2.25% teacher salary increase effective January 1, 2004 for instructional and support staff positions funded through the Standards of Quality (SOQ) and other state programs. These incentive-based funds require a local match based on the composite index. In his amendments to the General Assembly-approved budget, the governor struck language that made the salary increase contingent on revenues. Also, budget language is added to retain the December 1 deadline for production of the required annual report on teacher salaries.

The budget restores $10 million to the Literary Fund for an FY04 interest rate subsidy program for school building projects. This FY04 subsidy program was proposed for elimination in the introduced budget, which also diverted $22.1 million in FY03 and $40 million in FY04 in Literary Fund dollars to pay for teacher retirement (the legislature concurred with this). The $10 million restoration is expected to leverage $100 million to fund 28 projects on the Board of Education's first priority waiting list for school construction loans. The budget still contains $27.5 million in FY04 for school construction grants to localities.

The approved budget also appropriates nearly $45 million ($28.3 million for FY03 and $16.3 million for FY04) in additional lottery proceeds to school divisions. The budget once again is buffered by the addition of federal funding, this time as a result of $91 million in FY04 (largely due to the No Child Left Behind Act). This is on top of a $22.2 million federal funding increase contained in the introduced budget. The exact amount of federal funding ultimately to be realized is not known at this time.

Comprehensive Services Act

The TJPDC action item on the Comprehensive Services Act (CSA) advocated full funding of the state pool for CSA, with allocations based on realistic anticipated levels of need.

The introduced budget increased state funding for CSA services by $19 million in FY03 and $16.7 million in FY04 to address increased service costs. The approved budget removes $1 million from CSA in FY04 and requires localities to use Medicaid-funded services whenever appropriate. CSA administrative funding in FY04 is reduced $250,000 to the FY03 level. Also, budget language directs the Secretary of Health and Human Resources to issue a progress report on implementation of the 2002 CSA study for improving services and containing costs.

Public Safety

This TJPD action item encouraged state assistance and support for various public safety responsibilities that rest at the local level.

The spending plan further reduces HB599 funding to localities with police departments by $5.5 million in FY04. A similar reduction for FY03 was made in October and also approved. The spending plan implements the introduced budget provisions that reduced sheriff's reimbursements by 5%, with much of the reduction taken from local jail per diem payments. Language is restored that reallocates jail per diems on a pro rata basis, rather than giving priority to state-responsible inmates for the per diems.

The budget authorizes up to $1.5 million for a pilot alternative sentencing program in localities upon approval of their local community criminal justice board. The goal is to increase the placement of certain local responsible offenders in local sentencing alternatives. Reimbursement to localities would be $4 per inmate day.

Transportation

This TJPDC action item urged the state to fund existing transportation obligations.

Budget language directs VDOT to apportion debt service for FRAN debt "off-the-top" of the share of the Transportation Trust Fund that includes allocations to the primary, secondary and urban systems. Recall that the budget approved last year used FRANs to restore $317 million to the TTF for FY03.

The budget increases the transfer of balances from the Department of Aviation's special fund to the state general fund from $2.4 million to $4.7 million. This will impact the amount of state matching funds available for airport maintenance and airport marketing/promotion.

A language amendment requires at least 50% of all federal bridge replacement and rehabilitation funds apportioned to the state to be programmed for bridge projects, including interstate bridges. Language also is included directing the Secretary of Transportation to examine other states' best practices in linking state transportation and land use planning, and VDOT's experience in working with local governments in developing sound transportation components for local comprehensive plans.

Other Items Affecting Local Governments:

Salaries

The budget includes $8.5 million for a 2.25% salary increase for state-supported local employees, effective January 1, 2004. State-supported local employees include constitutional officers and their employees, registrars, community services boards, juvenile detention and local court services units, social services and local health departments. In his amendments to the General Assembly-approved budget, the governor struck language that made the salary increase contingent on revenues.

E-911

The budget transfers an additional $500,000 in FY03 and $1 million in FY04 from the Wireless E-911 fund to the general fund (on top of an $11.6 million transfer in the introduced budget). This money subsequently is transferred, presumably on a one-time basis, to sheriffs for dispatch operations. Since 2002, more than $22 million has been diverted from this fund that supports investments for the implementation of wireless enhanced-911 technology. These transfers could adversely affect the fund's ability to fully support FY04 grant requests, meaning grant requests could have to be prorated to available funds.

Drug Courts

The legislature adopted an amendment proposed by the governor to provide over $500,000 in FY04 as 25% matching funds for localities to receive federal Byrne grants to support drug court programs. This match ensures the program is funded at 80% of its initial state funding level, which is required to quality for the grant, and will enable localities to leverage about $1.6 million in federal funding.

Commission on Local Government

The budget consolidates the Commission on Local Government within the Department of Housing and Community Development. COLG will be continued as a commission and support will be provided by DHCD.

Compensation Board

The budget implements October actions that reduced funding by roughly 12% for circuit court clerks ($4.7 million each year), treasurers ($2.9 million each year) and commissioners of revenue ($2.1 million each year); and commonwealth attorneys by 7% ($3.5 million) in FY03 and 5% ($2.45 million) in FY04.

Aid to Libraries

The budget implements October's 15% reduction in state aid to local libraries ($2.8 million in each year).

Environment

The budget enacts the introduced budget provision that eliminates state funding for development of total maximum daily load (TMDL) plans. General fund support was reduced by 95% in October. The program will continue with federal funds.

The budget also restores the following: 1) $1.4 million over the biennium for Soil and Water Conservation Districts for nonpoint pollution control programs; 2) $1.3 million for litter control grants to localities in both FY03 and FY04 (current fiscal year grants have been made); and 3) $50,000 in FY03; and $100,000 in FY04 for the Virginia Outdoors Foundation (the introduced budget reduced funding by $380,000).

Regional Competitiveness Act

The budget retains provisions contained in the introduced budget to eliminate remaining Regional Competitiveness Act funding of $3.1 million (for new workforce services grants) and includes language directing the Secretary of Commerce and Trade to develop a plan to reestablish the Regional Competitiveness Program and to identify options to continue state efforts to encourage economic development planning. Other language stipulates that any money remaining in the Industrial Employee Training Program at the end of FY03 and FY04 go into the Workforce Retraining Fund.

DHCD Funding

The budget implements October reductions of $5.2 million that eliminate industrial site development funds ($1.6 million) and reduce amounts for planning district commissions ($350,000). About $500,000 was restored for homeless intervention programs (to increase the second year appropriation to $4.5 million).

ABC Profits

ABC and wine profit revenue to localities is reduced by $11.6 million. The approved budget also increases expected ABC profits by 5% (due to increased prices for consumers), but does not distribute any of the additional profits to localities. ABC profits shared with localities were drastically reduced last year as well.

Human Services

The budget increases the auxiliary grant amount paid to assisted living facilities from $841/month to $854/month, to address federal cost of living increases (the local match will increase accordingly). Language in the introduced budget was approved to require the Social Services Commissioner, in cooperation with localities, to evaluate criteria and incentives for consolidating local social services offices (plan due by September 1). Finally, language permits localities to report on food stamp eligibility every six months instead of every time income changes. This provides administrative relief to localities and potentially reduces food stamp error rates, for which the state is penalized. The change is authorized under the 2002 federal food stamp reauthorization.

Emergency Medical Services

The budget restores $3.2 million in general fund dollars for Emergency Medical Services that were reduced in the introduced budget. Budget language clarifies that the amounts to be transferred from the Fire Programs Fund to the general fund come from revenue growth above the amount appropriated by the 2002 General Assembly, and that burn building grants may be deferred, but not reduced, to save money for the state.

Comprehensive Health Investment Project (CHIP) and Healthy Families

The budget restores general fund support of $125,000 in FY04 for both CHIP and the Healthy Families program.

Behavioral Health Care and Substance Abuse Services

The budget restores $2.25 million in FY04 for services to the mentally disabled, and restores $2 million in FY03 for community substance abuse services so that the state does not lose matching federal funds (the introduced budget proposed a $3.7 million reduction FY03 and a $4.3 million reduction in FY04).

Area Agencies on Aging

The budget enacts the governor's recommendation to reduce support for area agencies on aging and other related programs by $1.8 million each year.

Department of Motor Vehicles

The budget targets nearly $20 million for reopening the 12 closed DMV branch offices and all customer service centers on Wednesdays. Three funding sources provide the revenues necessary to reopen the offices and restore former service levels, including an assortment of DMV fee increases; the dedication of specific dealer transaction fees; and over $2.5 million in general funds. Budget language authorizes DMV to enter into agreements with local constitutional officers (upon consent of the locality's chief administrative officer) to act as a licensed agent for DMV. Local officers would receive reimbursements directly from DMV.

Rental Vehicle Tax

The budget restores $1.6 million in FY03 and $2.1 million in FY04 to fully reimburse localities for their share of the rental vehicle tax. As a result of this action, the state will transfer $32 million each year to affected localities.

Homeland Security

Budget language authorizes the governor to spend unappropriated balances for unbudgeted state agency costs for enhancing homeland security and combating terrorism.

Legislative Priorities And Results

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Following is a brief summary of significant approved bills related to the 2003 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 1493 (Amundson) amends the SOQ to emphasize a learning environment that promotes student achievement, while SB 710 (Puller) emphasizes quality instruction as that which enables each student to become a productive and educated citizen. It also stipulates that the legislature provide for the support of public education as set forth in the Constitution.
• HB 2151 (Rust) codifies and broadens existing budget language directing the Department of Education to make calculations at the beginning and end of each school year to ensure that the level of locally appropriated school funding satisfies state-required levels of local school expenditures. The measure also requires DOE to report such information to the General Assembly's education and money committees, and requires the Joint Legislative Audit and Review Commission to report the state SOQ expenditure provided to each locality.

Comprehensive Services Act (CSA)

The TJPDC action item on the Comprehensive Services Act (CSA) advocated full funding of the state pool for CSA, with allocations based on realistic anticipated levels of need.

• HB 1714 (Hogan) allows localities to use a state-approved, multi-disciplinary team in place of a family assessment and planning team (FAPT) and stipulates that a community policy and management team (CPMT) may designate that a public health employee serve on the FAPT.
• HB 1720 (Hogan) requires the Comprehensive Services Office to add to its automated vendor database, verification of a vendor's licensure status and a listing of each service, and the cost, offered by the vendor; and to develop a standardized contract for localities to use when contracting with vendors. It also requires reporting of an individual's service data, including the purpose for which services are to be purchased as well as expected outcomes and performance timeframes.
• HB 1955 (Hamilton) designates the Secretary of Health and Human Resources as chair of the CSA state executive council. Currently, the chair is elected from among the members of the council.
• HB 1956 (Hamilton) requires that the chair of the state-local advisory team (SLAT) for CSA be elected from among the local government representatives on the team.

Public Safety

This TJPD action item encouraged state assistance and support for various public safety responsibilities that rest at the local level.

• HB 1382 (Cosgrove) and SB 1069 (Rerras) remove the July 1, 2004 sunset on provisions allowing a portion of the costs assessed on certain criminal and traffic cases to be used for courthouse security.
• HB 1885 (May) allows localities to include volunteer fire and rescue personnel in their health insurance program; a participating volunteer shall pay the full cost of his participation in the program.
• HB 2031 (Petersen) and HB 2373 (Sherwood) enable a locality to require all applicants for employment or prospective licensees for designated license classes to obtain a criminal records check and submit to fingerprinting prior to hire or licensure. If such applicant is denied employment because of information appearing in the record, the locality shall notify the applicant that such information contributed to the denial.
• HB 2395 (May) allows a locality to establish a tuition reimbursement plan for its volunteer firefighters and EMTs.
• HB 2816 (Bolvin) creates a preparedness and coordination program in the Virginia Department of Emergency Management (VDEM). Cities, counties and larger towns (over 5,000 in population) would be required annually to provide an updated emergency management assessment plan to VDEM.

Transportation

This TJPDC action item urged the state to fund existing transportation obligations.

• HB 1447 (Pollard) allows counties to use secondary highway system construction allocations for primary highway system construction projects.
• HB 2259 (Rollison) and SB 869 (Williams) are similar, though not identical, bills that direct the Commonwealth Transportation Board to (i) develop a financial plan for projects valued at more than $100 million; (ii) periodically report on all projects in the Six-Year Plan; (iii) work with and assist local governments in developing sound transportation planning components in local comprehensive plans; and (iv) adopt the Six-Year Plan by July 1 of each year, with the program based on the most recent Transportation Trust Fund revenue forecasts.
• SB 852 (YB Miller) allows any city or town to expend urban system construction funds for the design, land acquisition, and construction of transportation projects that have been included in the Six-Year Plan.

Tax Structure and Reform

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

• HJR 651 (Bryant) continues the joint subcommittee examining telecommunications taxes, which is to complete its work and make recommendations to the Tax Code study commission by August 1.
• SJR 347 (Hanger) reconstitutes the Tax Code study commission to be composed of 12 members, including the chairmen of the money committees of both houses. The group is charged with examining the allocation of state and local services and responsibilities, tax preferences including deductions, credits and exemptions, and the Streamlined Sales Tax Project Agreement. The Commission is to complete its work by November 30.

Land Use and Growth Management

This TJPDC action item urged the state to preserve existing local land use authority.

• HB 2406 (Oder) requires affordable housing as a component of local comprehensive plans.
• HB 2473 (Crittenden) and SB 820 (Norment) allow localities to order removal of a nonconforming sign if the business where the sign is located has not been operating for two years and following an attempt to notify the owner.
• HB 2509 (McDonnell) reduces the time allowed for approving resubmitted plats from 60 to 45 days.

OTHER APPROVED LEGISLATION

Environment

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• HB 1505 (Bryant) authorizes the State Water Control Board (SWCB) to issue an Emergency Virginia Water Protection Permit for a new or increased withdrawal when it finds that because of drought, there is an insufficient public drinking water supply. Such a permit may be issued only after conservation measures mandated by local or state authorities have proven insufficient and only for the amount of water necessary to protect public health and safety.
• HB 1748 (Suit) allows the SWCB to extend loans from the Virginia Water Facilities Revolving Fund to localities, public authorities, partnerships or corporations for brownfields remediation.
• HB 1953 (Albo) establishes a Low Impact Development Assessment Task Force in the Department of Environmental Quality (DEQ) to examine and facilitate the use of low impact development techniques (those which can reduce storm runoff and serve as an alternative to existing stormwater and water quality control methods), including developing guidance for local governments.
• HB 2602 (Bryant) gives the SWCB and DEQ sole authority to regulate construction and operation of sewage treatment plants (currently a Board of Health/SWCB responsibility).
• SB 1013 (Howell) amends current provisions allowing localities to regulate tree planting and replacement during development, to require provisions in ordinances for the reduction of tree canopy requirements or to grant tree cover credit in consideration for the preservation of certain trees. This does not invalidate certain other minimum tree cover or tree cover replacement standards adopted by localities.
• SB 1051 (Hanger) allows the SWCB to make loans from the Virginia Water Facilities Revolving Fund to local governments for purchasing or acquiring an interest in real property. The purchase must protect or improve water quality and prevent the pollution of state waters, and protect natural or open-space.
• SB 1052 (Hanger) authorizes state agencies and local governments, for purposes of receiving federal funds, to designate state and locally important soils, which include prime, unique, and locally important farmland.
• SB 1088 (Bolling) amends current biosolids land application law by establishing standard complaint and investigation procedures and requiring nutrient management plans (NMPs) prepared by persons certified by the Department of Conservation and Recreation (DCR) for all land application sites. It also requires permit holders to provide the state Health Department with evidence of financial responsibility (to be established by regulation), which shall be available to pay claims for cleanup costs, personal injury and property damage. The bill creates a land application certification program requiring all future land application sites to have a certified land applicator on location at all times during the application process. The bill grants localities that have adopted an ordinance on biosolids testing and monitoring the authority to order the abatement of land application activity for violations of relevant laws and regulations.
• SB 1193 (Wagner) allows localities to waive stormwater storm drainage and facilities fees to persons developing or redeveloping property so that there is a permanent reduction in post-development stormwater flow and pollutant loading. Such permits are applicable only to city and county stormwater systems serving more than 100,000 people, or to companies that have stormwater discharges entering streams directly from industrial facilities. Under current law, waivers are available only to persons who have obtained permits from DEQ for complete private maintenance of storm drainage and stormwater facilities.
• SB 1221 (Williams) requires the SWCB, in consultation with the State Health Commissioner, local governments, public service authorities and other interested parties, to establish a comprehensive water supply planning process for the development of local, regional and state water supply plans.

Finance

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• HB 1600 (DW Marshall) requires the General Assembly and governor to offer a repayment plan, with repayments to be made within three years, when either party diverts Transportation Trust Fund and Highway Maintenance and Operating Fund money to other areas of the state budget.
• HB 1750 (Parrish) specifies the process localities must follow to exempt from real or personal property taxes the property of charitable and other related organizations. This legislation stems from the November 2002, voter-approved constitutional amendment.
• HB 1767 (Nutter) allows the Tax Department to extend the time of delivery of personal property books by the commissioner of revenue for good cause and upon written notice to the county or city treasurer and local governing body.
• HB 1932 (Nixon) amends several deadlines associated with the appeal of BPOL rulings, to include requiring the state tax commissioner to determine within 30 days whether he has jurisdiction to hear an appeal of certain local business taxes.
• HB 2045 (Woodrum) allows any city or town imposing an admissions tax to set a lower rate on events held in facilities not owned by the city or town, than that imposed on events held in locality-owned facilities.
• HB 2089 (Joannou) provides that the wrongful and fraudulent use of collected food and beverage tax or meals tax constitutes embezzlement under the criminal embezzlement statute.
• HB 2277 (Hurt) and SB 735 (Reynolds) provide that real estate for which there are delinquent taxes may be conveyed to the locality if it is valued under $20,000 and taxes alone exceed 25% of the value.
• HB 2323 (Drake) and SB 1033 (Colgan) alter the definition of situs for the assessment and collection of the personal property tax on business vehicles. Under current law, business situs is defined by the place where a vehicle is garaged; these bills amend the definition of situs to include the primary location of the business.
• HB 2461 (Johnson) allows the attorney for the Commonwealth to enter into an agreement with the county or city treasurer (in addition to private attorneys, private collection agencies or the local governing body as now allowed) for collection of fines, costs, forfeitures and penalties that are delinquent more than 30 days.
• HB 2503 (Griffith) changes the rules for handling erroneous assessment cases before boards of equalization. The bill creates a new standard for a taxpayer to prove his case before the board and new educational requirements for the board members. Board composition changes as well, so that 30% of the board will be individuals with some expertise in property valuation issues.
• HB 2603 (Bryant) repeals the limitation on the amount of real property that a church may hold. Under current law, churches are limited to holding up to 15 acres in a city or town and up to 250 acres in a county.
• HB 2659 (Johnson) extends the time a local treasurer or collection official has to address administrative remedies (lien, distress) when the tax due has been reduced to judgment.
• HB 2715 (Phillips) allows localities to allow a discount to taxpayers for early payment of a tax or special assessment.
• SB 942 (Colgan) specifies that prepaid wireless telephone providers shall collect the monthly wireless E-911 surcharge either through monthly billing, adding the surcharge at the point of sale or deducting an equivalent number of minutes. This is expected to increase by $1.4 million annually the amount of revenues to the wireless E-911 fund, which supports implementation of wireless enhanced-911 technology.
• SB 1094 (Edwards) requires a small water or sewer utility implementing a 50% or more rate increase to file its financial data with the State Corporation Commission. If a hearing is ordered, the Commission shall expedite the hearing on the increase, and funds produced by the increase shall be held in escrow by the utility until a decision is rendered.
• SB 1129 (Norment) directs sheriffs, rather than clerks of court, to collect the local share of the sentencing/supervision fee. This bill codifies current practice and implements amendments made by the 2002 General Assembly to the fixed-fee provisions for various violations in circuit and district court.
• SB 1212 (Newman) allows the Governor (from July 1, 2003 to January 1, 2004) to suspend executive branch mandates on localities, without petition by a locality and without a determination of fiscal stress.
• SB 1227 (Williams) increases by $10 the fees that local governments may charge for administrative costs incurred in collecting delinquent taxes or charges.

Retirement:

• HB 2122 (Reid) allows school division superintendents to purchase an additional 10 years of retirement service credit for prior service, the cost of which shall equal 10% (for each additional year) of the superintendent's compensation at the time of the purchase. The service must be purchased within one year of the superintendent's eligibility and be paid for in one lump sum to the Virginia Retirement System. For each year of service purchased under the bill, the superintendent is required to serve the same number of years as a superintendent after the date of purchase. Any superintendent who fails to do so shall forfeit any credited service for the number of years not served and shall be liable to his local board for any amount paid by it for purchasing the forfeited credit.
• SB 905 (Quayle) stipulates the amount of group life insurance available for employees with at least 25 years of creditable VRS service or those who return to covered employment after retiring with 25 years of service.

Human Services

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• HB 2101 (Baskerville) amends statutes related to independent living services and centers to comply with federal law and regulations regarding programs for community services for persons with disabilities. Applicants for grants and contracts must be a consumer-controlled, community-based, cross-disability, nonresidential, private, nonprofit agency.
• HB 2288 (Devolites) and SB 1043 (Blevins) require a written interagency agreement, based on state guidelines, between local social services departments and school divisions as a protocol for investigating child abuse and neglect reports against school personnel. The bill also prescribes certain investigation procedures when a school employee is the subject of the complaint or report.
• HB 2518 (McDonnell) clarifies the authority of the director of the Department of Juvenile Justice to hire, transfer, and terminate probation officers and supervisors in state-operated court services units, and of juvenile and domestic relations district court judges to appoint court services unit directors. The bill also clarifies the state director's control over state-operated units and localities' control of locally operated units.
• HB 2670 (Hamilton) requires magistrates to direct the transportation of persons subject to an emergency custody or temporary detention order, by a law-enforcement officer from a specified agency and jurisdiction, to such medical facilities as may be necessary to obtain emergency medical evaluation or treatment prior to the placement in a temporary detention facility.

Land Use (other)

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• HB 1375 (Landes) requires towns that are carrying out certain kinds of annexation to do a first-class mailing of notice to all landowners in the area proposed for annexation.
• HB 1805 (Carrico) clarifies that in addition to fines of up to $500 for each lot or parcel of land subdivided, transferred or sold in violation of certain provisions of the subdivision ordinance, the owner shall continue to be required to comply with all provisions of such ordinance.
• HB 1821 (Scott) provides that in a mobile or manufactured home park, a single-section home may replace a single-section home and a multi-section home may replace a multi-section home.
• HB 1888 (May) increases the maximum civil penalty for second and subsequent zoning ordinance violations from $150 to $250, and states that a series of violations arising from the same set of facts shall not result in civil penalties exceeding $5,000, up from the current $3,000.
• HB 2016 (Bell) allows localities to require, as a part of land use regulations for private residential subdivisions, the posting and maintenance of various motorist and pedestrian traffic signs.
• HB 2294 (Devolites) stipulates that remote access to land records shall be by paid subscription through circuit court clerk's offices or through designated application service providers.
• SB 967 (Watkins) provides that, in appeals of zoning administrators' decisions after BZA action on the decision, additional evidence may be produced at trial.
• SB 1053 (Hanger) allows national organizations that have been in existence for at least five years, have an office in the state and are in good standing with the State Corporation Commission to be sole holders of conservation easements if they also meet other existing criteria.
• SB 1066 (Maxwell) increases the maximum penalties for the failure to cut grass and weeds.

Local Government

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• HB 1546 (RG Marshall) amends several provisions of the State and Local Conflict of Interest Act including those to (i) require an officer to disclose that a party in a transaction is a client of his firm; (ii) authorize localities to require their officers, appointees and employees to disclose all gifts that they receive and to set a dollar limit on gifts that may be accepted; (iii) prohibit attendance by an officer who has a personal interest in a transaction at any closed meeting where the transaction is discussed; and (iv) clarify that a Commonwealth's attorney's written opinion to a local government official is a public record.
• HB 1590 (Cole) deletes the requirement that the general registrar give notice each January of the schedule for voter registration times and locations for the year, and adds publication on the locality website as a means of giving notice for certain additional registration sites and times.
• HB 1679 (Rapp) authorizes planning commissions and boards of zoning appeals, similar to current local governing body authority, to fix the day to which any meeting cancelled or postponed due to weather conditions shall be continued. All hearings and other matters previously advertised for such meeting shall be conducted at the continued meeting and no further advertisement is required.
• HB 1709 (Purkey) provides that multiphase contracts with a local public body for environmental, location, study, design or inspection work for construction or infrastructure projects, may be negotiated and awarded based on a fair and reasonable price for the first phase only, when completing the first phase is necessary to provide information critical to negotiating succeeding phases.
• HB 1738 (McDougle) adds Greene County (and others) to the list of those localities that may refer to their industrial development authority as an economic development authority.
• HB 1861 (O'Bannon) removes the $50 cap on the dangerous dog registration fee and authorizes localities to set the fee at an amount not exceeding the costs of administering the dangerous dog ordinance. The bill also increases from $50,000 to $100,000 the amount of liability insurance a locality could require for animal bites if it has adopted the permissive insurance provision as part of its dangerous dog ordinance.
• HB 1877 (Amundson) clarifies that workers compensation coverage for newly-hired employees, specifically that the infectious disease presumption relating to contracting certain infectious diseases (such as hepatitis or HIV) does not apply until after the employee has been on the job for six months. However, the presumption would apply to workers with a documented exposure during the first six-month period of employment.
• HB 2058 (Cole) reduces from three to one, the number of copies of a recodification to be kept for public inspection by the clerk of the governing body.
• HB 2164 (Phillips) authorizes any locality to create a wireless service authority, which may provide qualifying communications services. Such authority shall have many of the powers typically granted to authorities, including the issuance of revenue bonds.
• HB 2270 (Rust) grants localities greater flexibility in the awarding employee bonuses.
• HB 2362 (Shuler) allows localities to prescribe civil penalties, not to exceed $1,000, for violations of ordinances related to the repair of deteriorating buildings.
• HB 2423 (Janis) stipulates that a community development authority is a public body and a corporate, political subdivision of the state.
• HB 2476 (Crittenden) allows localities to dictate the times for putting garbage out and retrieving the trashcans from the curb following trash pickup.
• HB 2505 (Griffith) expands current local ordinance provisions allowing reimbursement of expenses incurred in responding to DUI incidents, by adding incidents related to other traffic offenses such as reckless driving and driving on a suspended license.
• HB 2642 (McDougle) reduces minimum tract size from 3,000 to 250 acres for certain counties with a population less than 50,000 that want to create a community development authority.
• HB 2728 (O'Bannon) provides that workers' compensation includes coverage for sickness or death resulting from the administration of smallpox vaccines to health care workers, search and rescue workers, public safety, firefighters and EMT's, as well as employees contracting the disease from those who were vaccinated.
• HB 2808 (Rapp) allows counties to regulate the sale of property at auction and the number and conduct of pawnshops, an authority currently given only to cities.
• SB 990 (Mims) directs localities, in condemnation proceedings, to reimburse property owners for the pro rata portion of real property taxes paid for the period of time after the date of title vesting in the locality or the date of locality possession of the property, whichever is earlier.
• SB 1107 (Whipple) clarifies election administration procedures, but also specifies local responsibilities for funding the offices of the general registrar. The bill requires localities to provide benefits to the general and assistant registrars and staff as provided other employees of the locality, and spells out in greater detail the reasonable expenses of the office that localities are required to offer.
• SB 1307 (Puckett) limits the State Corporation Commission's jurisdiction to regulate rates, terms and conditions of sewage treatment services that are provided by certain public utilities under the terms of a franchise agreement between such utility and a municipality.

Public Safety

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• HB 1516 (Black) preserves pre-1987 local prohibitions regulating the purchasing, carrying and discharging of exposed firearms, including in regional parks, but prohibits localities and local and regional authorities, including park authorities, from regulating the possessing, carrying and transporting of concealed handguns. The approved measure exempts state agencies and local and regional jails, including juvenile detention centers, from the bill's provisions.
• HB 1752 (Parrish) and SB 1032 (Colgan) grant authority for local "Crime Stoppers" programs, defined as private, nonprofit Virginia corporations governed by a civilian volunteer board of directors that is operated on a local or statewide level.
• HB 1832 (Athey) and SB 1204 (Newman) direct the State Police to develop the Virginia Amber Alert Plan to rapidly publicize information on child abductions. Under the program, local law enforcement will notify State Police to activate the emergency alert system. The bill also directs the Board of Education to develop a program to provide parental access to child identification/protection kits, which would include a current photo, fingerprints, DNA samples, important medical information.
• HB 2004 (Bell) provides that the time during which a prisoner is on furlough shall not be counted as time served against any sentence, and that during any furlough, the prisoner will not be credited with earned sentence credits, good conduct allowance or any other sentence reduction.
• HB 2180 (Kilgore) and SB 1146 (Stolle) require jailers to keep a written policy stating the criteria and condition of earned credit in the facility, and clarify the rate for earning good conduct credit for prisoners convicted of misdemeanors.
• HB 2210 (SC Jones) allows the governor to receive information from a variety of entities about critical infrastructure components located in Virginia. Such information can be disclosed if requested by law-enforcement authorities investigating or prosecuting a criminal act.
• HB 2222 (Keister) and SB 1169 (Puckett) provide that a locality, sheriff or jail superintendent is not required to pay for an inmate's medical treatment for an injury, illness or condition that existed prior to an inmate's confinement.
• HB 2230 (Cline) establishes duties and responsibilities of local probation officers to include supervising local-responsible adult offenders and ensuring compliance with court orders. These provisions expand on the current powers and duties of probation and parole officers as prescribed in § 53.1-145 of the Code.
• HB 2615 (Sears) and SB 1071 (Rerras) clarify that the prohibition against possessing drugs with intent to distribute on school properties, recreation centers, libraries and hospitals applies regardless of where the person intended to distribute the drugs.
• HB 2716 (Phillips) allows, with the concurrence of the sheriff or chief law enforcement officer, the use of certain auxiliary police forces to transport prisoners.
• HB 2765 (Drake) allows sheriffs and jail superintendents to charge each inmate in their facility a reasonable fee, not to exceed $1 per day, to defray jail costs. Revenue generated shall be used for general jail purposes in the locality. The Board of Corrections is to develop a model plan and adopt regulations to govern this program.
• SB 696 (Deeds) authorizes the collection of jail processing costs incurred by a regional jail pursuant to a local ordinance. Last year, sheriff's offices were authorized to collect fees to defray the costs of processing arrested persons.
• SB 1076 (Rerras) provides that local police departments and sheriffs, upon approval by the local governing body, may allow auxiliary law-enforcement officers with more than 20 years of service to purchase their service handgun for a sum equal to or less than its fair market value.

Transportation (other)

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• HB 1457 (Reese) requires the Commonwealth Transportation Board to act within nine months of receipt of formal requests from local governments to restrict truck traffic on secondary highways.
• HB 1480 (Cox) authorizes fire apparatus, government-owned vehicles operated on official business by a local fire official, and rescue squads, ambulances or any other emergency medical vehicles to be equipped with alternating, blinking, or flashing red or red and white secondary warning lights.
• HB 1553 (Hargrove) and SB 1112 (Whipple) revise various traffic laws pertaining to bicycles.
• HB 1680 (Rapp) and SB 712 (Potts) allow all localities to use specially trained law-enforcement officers to remove unsafe vehicles from service if, upon conducting a safety inspection, the officer finds the vehicle to be operating with defective brakes, tires, wheels, steering mechanism or any other condition likely to cause an accident or a breakdown. Current law authorizes only certain localities to perform such inspections.
• HB 1681 (McDougle) provides that pre-paid state and local speeding citations include a fine of $5 per mile-per-hour in excess of posted speed limits, other than those for school crossings, highway work zones and certain residence zones, which must include a fine of more than $5 per mile-per-hour in excess of the posted limits.
• HB 1733 (Rollison) increases the maximum fine for speeding in a highway work zone from $250 to $500.
• HB 1735 (Rollison) authorizes the design and issuance of special license plates jointly for more than one locality. Presently, special plates incorporating the seal, symbol, emblem or logotype of any county, city or town are authorized.
• HB 1884 (May) encourages use of the Rural Rustic Road program by counties to pave qualifying roads.
• HB 2152 (Rust) allows placement of advertising on certain transit passenger shelters owned by counties.
• HB 2269 (Rust) and SB 1220 (Williams) allow all localities to regulate parking.
• HB 2479 (Oder) allows motor vehicle speeds to be measured with laser speed determination devices. Presently, state police and certain counties, cities and towns are authorized by law to use these devices.
• HB 2483 (Tata) extends the power of the DMV Commissioner to refuse to renew motor vehicle registrations when an owner of a vehicle owes delinquent parking citations to the locality where it is registered. This bill does not apply to rental vehicles and expires July 1, 2005.
• HB 2685 (Ware) allows vehicles of local Departments of Emergency Management to be equipped with flashing red, or red and white combination warning lights.
• HB 2795 (Janis) allows vehicles owned or used by police chaplains to be equipped with red warning lights, to be used only when responding to emergency calls.
• SB 724 (Deeds) allows installation of bicycle racks on the fronts of buses operated by cities, counties, transit authorities, or transit or transportation districts.
• SB 744 (O'Brien) allows vehicles used by police, fire-fighting or rescue personnel as command centers at incident scenes to be equipped with and use green warning lights.
• SB 977 (Trumbo) allows the state to enter agreements with localities, authorities and transportation districts to let contracts up to $2 million for highway construction, maintenance, and improvements, and passenger and freight rail and public transportation activities within their jurisdictions.
• SB 988 (Mims) allows fines for violating the maximum speed limits in certain residence districts of counties, cities and towns to be pre-payable.
• SB 1093 (Edwards) authorizes the Transportation Commissioner to designate, following a public hearing, primary and interstate highways as highway safety corridors. The minimum penalty for motor vehicle moving violations committed in these corridors would be not less than $200; local governments are prohibited from adopting ordinances with local penalties under this section.
• SB 1222 (Williams) allows payment of urban highway system construction funds to be made in equal quarterly amounts, at the discretion of the city or town receiving them, to be reduced by the amount of federal-aid construction funds credited to each city or town.
• SB 1230 (Williams) authorizes the design and issuance of special license plates for elected members of city and town councils.

Miscellaneous

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• HB 1545 (RG Marshall) provides that once a comprehensive agreement has been entered and completed under the Public-Private Transportation Act or the Public-Private Education Facilities and Infrastructure Act, a public entity shall make available, upon request, applicable procurement records that may be provided by the private entity as evidence of its qualifications.
• HB 1601 (Van Yahres) authorizes the granting by the ABC Board of a retail wine and beer license to persons operating food concessions at any outdoor performing arts amphitheater, arena or similar facility in the City of Charlottesville.
• HB 1684 (McDougle) and SB 822 (Norment) extend coverage of the Line of Duty Act to employees of any county, city or town who perform emergency management or emergency services duties in cooperation with the Department of Emergency Management.
• HB 1925 (Nixon) amends the Public-Private Education Facilities and Infrastructure Act to include technology infrastructure as a qualifying project.
• HB 1926 (Nixon) and SB 1247 (Stosch) restructure the state's information technology component by creating a single new state agency, the Virginia Information Technologies Agency, to oversee planning and development of all information technology projects and equipment purchases.
• HB 1967 (Athey) moves the Commission on Local Government into the Department of Housing and Community Development and limits its authority in the area of voluntary settlement agreements.
• HB 2075 (Hogan) reduces the membership of the Virginia Workforce Council from 43 to 29, and expands the duties of the Council in its implementation of the Workforce Investment Act (WIA). The Council is required to create various standards applicable to local workforce investment boards and the operation of one-stop centers required by the WIA. The bill also requires each local workforce investment board to develop and submit to the Council an annual workforce demand plan for its area based on a survey of local and regional businesses, which is to reflect local employer needs and the availability of trained workers to meet those needs.
• HB 2097 (McQuigg) establishes the Council on Virginia's Future to advise the governor and General Assembly on implementation of the "Roadmap for Virginia's Future" process, which is to include establishing a long-term state vision, analyzing core state service categories and aligning state services to the long-term objectives of those services.
• HB 2123 (Reid) requires the Uniform Statewide Building Code (USBC) to include provisions to prevent overcrowding, rodent or insect infestation and garbage accumulation, in addition to other existing standards for public health and safety.
• HB 2124 (Reid) allows school boards operating an academic-year Governor's School to select the fiscal agent for the school from among the treasurers of the participating localities by agreement and with the approval of the respective local governing bodies. Current law requires the treasurer of the locality where such school is located to be the fiscal agent.
• HB 2429 (Hugo) and SB 806 (Martin) abolish an advisory committee to the Department of Housing and Community Development known as the Advisory Committee for the Regional Competitiveness Act.
• HB 2529 (Almand) requires the Board of Housing and Community Development to promulgate regulations requiring installation in new commercial, industrial and multi-family buildings of emergency communications equipment designed, constructed or equipped so that emergency public safety personnel may send and receive communications from within those structures.
• SB 695 (YB Miller) directs the Department of Business Assistance to develop a Workforce Retraining Program to provide consulting services and funding to companies and businesses to assist in retraining their existing workforces, and also creates the Workforce Retraining Fund.
• SB 723 (Deeds) prescribes a new charter for the Charlottesville-Albemarle Airport Authority.
• SB 774 (Lambert) adds airport facilities to the types of facilities the Virginia Resources Authority may help local governments finance, and enhances Authority ability to collect local obligations due the state by broadening the types of agreements into which the Authority and localities may enter.
• SB 1007 (Mims) recodifies eminent domain provisions in Title 25 as Title 25.1, including general eminent domain and "quick-take" procedures. The existing Chapter 2 of Title 25, which deals with the acquisition of waterworks systems by local governments, is relocated to Title 15.2.
• SB 1102 (Mims) creates a Fair Housing Board to oversee fair housing issues in Virginia; local governments are given one seat on the 11-member board.
• SB 1229 (Williams) provides that a public entity that solicits proposals for constructing a transportation facility under the Public-Private Transportation Act shall not charge a fee for the costs of processing, reviewing and evaluating proposals received in response to the solicitation for proposals.
• SB 1330 (Stosch) clarifies that a public entity may reject any unsolicited proposal submitted under the Public-Private Education Facilities and Infrastructure Act and that any fees related to the rejected proposal must be returned to the private entity. The bill also requires a public entity to advertise, post and publish a private entity's request for approval of a qualifying project.

Freedom of Information Act (FOIA):

• HB 1651 (Albo) allows investigative reports related to discrimination complaints to be kept exempt from disclosure under FOIA. This includes investigations conducted by local government personnel authorized by law to conduct these investigations in confidence, including local school boards.
• HB 1727 (Sherwood) and HB 2211 (SC Jones) are different bills intended to protect information about buildings from terrorists, whether the buildings are public or are privately owned. HB 1727 requires the owner to invoke an exemption from disclosure and requires building departments to take security steps to protect building plans.
• HB 2086 (Abbitt) increases the civil penalty for willful and knowing violations of FOIA from $100 to $250 for the first violation and from $500 to $1,000 for any subsequent violation.
• HB 2492 (Bolvin) exempts from FOIA, insurance investigative files related to a claim against a locality. Most records in a contract negotiation, the disclosure of which would harm the negotiating position of the locality, may be kept out of the public's access. The bill also provides that a public body's negotiations on a contract, whether under procurement act or not, may be done in a closed meeting.
• SB 737 (Houck) sets the negotiating rules for HB 2492 explained above.
• SB 738 (Houck) permits a public body to require, before processing a request for records, the requester to pay unpaid bills (past 30 days) for previous FOIA requests.

Social Security Numbers:

• HB 1744 (Byron) prohibits agency-issued identification cards, student identification cards and license certificates issued or replaced after July 1 from displaying a person's entire social security number. Any such cards displaying a social security number would have to be replaced by July 1, 2006. The prohibition does not apply to driver's licenses.
• HB 2062 (Dudley) prohibits state agencies and local governments, after July 1, 2004, from sending or delivering any letter or package that displays a social security number on the face of the mailing envelope or package or from which a social security number is visible.
• HB 2063 (Dudley) prohibits the display, effective July 1, 2006, of an entire social security numbers on any public agency student or employee identification card.
• HB 2426 (Nixon) provides that for one year, beginning January 1, 2004, no court clerk shall post on a court-controlled website any document that contains a person's signature, social security number, birth date, maiden name, financial account number, or name and age of any minor child.
• SB 979 (Mims) limits the appearance of social security numbers on identification cards and parcels and on acquisition and use of the personal identifying information of another. The bill requires the Library Board to develop regulations providing for the destruction of social security numbers in public records.

Studies And Resolutions

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• HJR 588 (Callahan) requests the Virginia Department of Fire Programs to study the feasibility of adopting requirements that will ensure that buildings are constructed and equipped in such a way that will permit emergency public safety personnel to use effective and reliable radio communications while they are within buildings.
• HJR 594 (Van Yahres) encourages VDOT to build more modern roundabouts instead of signalized intersections.
• SJR 355 (Edwards) directs the Commission on Growth and Economic Development to study the local delinquent tax sale process to examine ways in which the existing provisions may be unnecessarily complicated, time-consuming or costly to localities.
• SJR 357 (Mims) directs the Virginia Housing Study Commission to study, among other things, the development of a statewide housing policy and the mechanisms by which housing that promotes the concept of visitability can be incorporated into programs that utilize public funding to foster the production of single family housing.
• SJR 394 (Hawkins) encourages VDOT to review all options available, including completing the Route 29 bypass, to improve transportation along the Route 29 corridor.