Other Approved Legislation

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

Budget Overview

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It took more than 100 days for the 2004 General Assembly to complete work on a 2004-2006 budget. The regular, 60-day session was extended by three days before adjourning to a special session that stretched another 52 days. Finally, the impasse was broken when a group of moderate Republicans teamed with their Democratic counterparts in the House and a bipartisan Senate to adopt the Tax Reform Compromise Act of 2004 (HB 5018). This package that generates an additional $1.5 billion for the next biennium set the stage for budget negotiators to craft a biennial budget that was adopted on May 7th. Following are highlights of HB 5018, SB 5005 (which sets parameters for the Personal Property Tax Relief Act) and the approved biennial budget:

HB 5018 generates additional revenue for the state as follows:

• Increases the sales and use tax on non-food items by ½ percent. Half of the increase goes to the state general fund ($377.7 million) while the remaining half (another $377.7 over the biennium) is to be deposited into a Standards of Quality/Local Real Estate Property Tax Relief Fund.
• Increases the recordation tax rate by 10 cents, generating an additional $224.1 million for the biennium. Local governments will be authorized to increase their local recordation tax rates by an additional 3 cents for a maximum local rate of 8 cents.
• Increases the state cigarette tax to 20 cents per pack in FY2005 and 30 cents in FY2006, with revenue of $280.8 million to be targeted for a trust fund to support Medicaid payments.
• Removes the sales tax exemptions on public service corporations ($77.7 million); eliminates two common corporate tax loopholes ($30 million); amends the senior age tax preference, generating an additional $35 million for the biennium; and removes the phase-out of the estate tax, thereby saving the state $104 million in FY06

HB 5018 also provides the following tax relief:

• Reduces the state sales tax on food by ½ percent in three equal increments of a half percent, beginning in FY 2006.
• Decreases the income tax by raising personal exemptions ($70 million).

SB 5005 caps the state's car tax reimbursements to localities at a total of $950 million per year beginning in CY2006 and requires local governments to set a separate, reduced tax rate for all vehicles in order to provide tax relief for assessed values of less than or equal to $20,000. Localities would apply their local tangible personal property tax rates (general rate) to values in excess of $20,000, just as they do now. The intent is that the amount generated from the two rates and the state reimbursement would equate to the amount that would have been received if the general rate were applied to the total value of qualifying vehicles.

Beginning in FY06, each locality will receive a flat appropriation for car tax reimbursements, which will equate to a locality's CY05 appropriation. These flat appropriations will translate to decreasing tax relief in fast growing localities. The legislation requires VML and VACo, in consultation with the governor and legislature, to develop legislation for 2005 that establishes an acceptable and reasonable state reimbursement schedule. The new law also converts the reimbursement from a calendar year basis to a fiscal year basis. Thus, the effect of the July start date could cause a cash flow interruption for localities billing semiannually. The work group described above will likely address this problem and offer changes that will be made to the 2006 appropriation schedule.

2004-2006 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 approved budget increases state funding to public education an additional $760 million over the introduced budget, providing about $1.5 billion over the FY04 budgeted amount.

HB 5018 establishes the Public Education Standards of Quality/Local Real Estate Property Tax Relief Fun to receive half of the revenue generated from the ½ cent sales tax increase (the other half goes to the general fund). This is projected to provide nearly $378 million to be used as follows:

a) About $189 million from the fund is coupled with general funds to provide $326.1 million to basic aid to fund revisions to the SOQ recommended by the Board of Education (BOE) and contained in HB 1014 and SB 479, namely to provide the following: five elementary resource teachers per 1,000 students; daily planning periods for middle and high school teachers (25% funded the first year, 100% the second year); and an instructional (second year only) and a support (both years) technology position per 1,000 students.

b) The remaining $189 million from the fund will be distributed based on the most recent triennial census of school-aged population, consistent with the distribution of the existing one-cent for public education. This offsets the state's share of basic aid by about $106 million, so localities basically realize a 45% gain. Budget language states that these funds shall be distributed in order "to relieve the financial pressure that public education programs place on local real estate taxes and shall be taken into account by the governing body of the county, city or town in setting real estate tax rates."

Nearly $67 million is added to finish the phase-in of the state recognizing the costs of administrative positions in calculating SOQ costs, first begun in 2002 ($45.6), and eliminating the one month roll-over in the SOQ calculation of fringe benefit costs ($21.3 million). These are recommendations from the 2001 Joint Legislative Audit and Review Commission (JLARC) report on education funding.

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 approved budget increases state funding for CSA by $43 million. This is $3.5 million less than in the introduced budget, due to anticipation of better use of Medicaid funding for CSA services, coverage of a broader array of residential treatment services through the Medicaid program, and a decrease in Medicaid payment denials as stipulated in budget language. Also, $4 million over the biennium is included for children's mental health services (for non-mandated CSA children).

A separate amendment restores an earmark of almost $958,000 each year from Temporary Assistance to Needy Families (TANF) funds for the CSA Trust Fund.

Environment

This TJPD action item calls for a comprehensive approach to funding and promoting environmental quality.

The budget allocates $15 million each year to the Water Quality Improvement Fund, to be split between point and nonpoint source programs. The $7.5 million each year for point source will be used to provide grants to localities to upgrade their wastewater treatment facilities. The amendment requires the Department of Environmental Quality (DEQ) to report on the cost-effectiveness of projects receiving grants. Of the $7.5 million each year for nonpoint source, $5 million each year will be directed to agricultural best management practices programs.

About $2.5 million is targeted to the Virginia Land Conservation Foundation for open space preservation, natural areas, agricultural lands, historic sites and other significant natural and cultural assets of the Commonwealth, and will contribute to improved water quality by preventing pollution from polluted agricultural and urban runoff.

The budget increases environmental permit fees paid by public and private holders of landfill, wastewater, water and other facilities to generate approximately $6 million each year for DEQ. It also provides $125,000 each year to Soil and Water Conservation Districts (SWCD) to implement nonpoint source water pollution programs, partially restoring FY03 budget reductions. Language amendments require the SWC Board to provide annual reports on farms and agricultural products, so that the department of Conservation and Recreation (DCR) can evaluate the impact of SWCD funding and practices on water quality and land conservation. DCR also is to review SWCD nonpoint source programs.

Public Safety

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

Jail per diem funding of $26.2 million is included to restore previous reductions for the costs of maintaining prisoners in local and regional jails; however, language is added to require projected growth in payments to be based on actual inmate population counts through the first quarter of the affected fiscal year, thus deferring budgeting of $15.1 for projected increases. Currently, payments are based on projected populations.

HB 599 payments to localities with police departments are increased 5.2% in FY05 and 5.4% in FY06; however, this is less of an increase than proposed in the introduced budget. Language is included that it is the intent that this funding be used for local public safety services and not to supplant local funding provided for public safety services as of June 30, 2004.

The budget level funds the VJCCCA at $14.5 million per year, continuing the 51% reduction imposed in 2002.

The budget incorporates a federal funding increase for homeland security and requires localities to assess their ability to handle a terrorist attack.

The budget eliminates $1.25 million for the SAFER program, a federal grant program to assist localities in hiring additional firefighters. The introduced budget included these funds for the purpose of paying the local match, which would have increased to 100% in four years.

Transportation

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

The approved spending plan removes $272 million that was contained in the introduced budget for the Priority Transportation Fund (funding would have come from insurance license tax revenues). It includes $37.4 million each year for FRAN debt service payments. The budget provides an additional $1.1 million to allow for expansion of the statewide transportation demand management (TDM) programs and also defers $38 million in highway maintenance from FY04 to FY05 due to Hurricane Isabel-related expenses.

Language amendments 1) require the Secretary of Transportation to report by the next General Assembly session on the status of the TransDominion Express, to include updated operating and capital costs to establish the line, potential funding sources and identification of nonfinancial issues requiring resolution before the line can be started, 2) allow the CTB to continue to set street maintenance payments for cities and towns, and 3) clarify that the actual federal revenue estimate for the 6% Surface Transportation Program (STP) and the 10% Minimum Guarantee program flows directly to transit agencies from federal sources.

Other Budget Items Affecting Local Governments:

Other Education Items:

The budget restores $328.1 million to reverse 1) nearly three-fourths (71%) of the proposed policy change, contained in the introduced budget, that would have deducted certain federal revenues from the SOQ cost calculations ($217.5); and 2) all of the proposed deduction of locally generated revenues ($110.6 million over the biennium).

It funds a separate (not pooled) VRS retirement rate for teachers at 6.03% in FY05 and 6.62% in FY06, plus the retiree health care credit rate, which is set at .55 instead of the .59 included in the introduced budget. It does not adopt the House-suggested position that state VRS contributions be capped in future years (the governor had proposed pooling of the retirement contribution rates for teachers and state employees to yield a teacher rate of 6.56% of salary). The life insurance premium holiday also is continued. Further, budget language stipulates that the joint subcommittee to review the Virginia Retirement System (VRS) will examine the state's responsibilities for funding the system beyond the actuarial normal rate and the appropriate share for retirement payments by school divisions.

The spending plan includes $50.6 million to fund 90% in the first year and 100% in the second year of at-risk four year olds unserved by Head Start programs. Budget language calls for the establishment of academic standards for the program, which participating school divisions will have to follow in order to receive the funding.

It adopts the BOE-recommended SOQ prevention, intervention and remediation methodology using additional lottery profits to fund more than $41 million of the program's $65 million yearly cost. Currently, lottery profits are sent to localities, with the requirement that at least 50% be used on non-recurring costs and no more than 50% be used recurring costs.

The approved budget also continues the school construction grants program ($27.5 million each year), but also diverts $268 million ($132 and $136 million) in Literary Fund dollars to support teacher retirement. The Literary Fund provides low interest loans to school divisions for facility construction and renovation, but is routinely raided to pay state costs for teacher retirement.

The budget also includes a $110 million decrease as a result of deducting non-personal technology costs from the SOQ.

It provides an additional $19.7 million to increase from 10 to 17 the number of instructional positions per 1,000 students for whom English is a second language.

The approved budget provides $10.1 million for various initiatives to improve student achievement and teacher quality in order to comply with the No Child Left Behind (NCLB) Act.

The budget includes $6.3 million for increased costs for the SOL testing program and $3.7 million for DOE to continue implementing on-line testing. Additional funding of $2.8 million each year is included for Project Graduation (regional academies and on-line tutorials for students who need help preparing for SOL tests).

It also includes $875,000 each year for the Part C Early Intervention System, which provides critical services, such as occupational, physical and speech therapy for infants and toddlers who have developmental disabilities or delays.

The budget includes nearly $1 million the first year to continue school efficiency review pilot programs, designed to recommend cost-saving measures to school divisions. Language stipulates that if two years after recommendations have been made and the school division has not certified that at least half the recommendations and savings have been implemented, the school division shall reimburse the state for 25% of the review's cost.

Finally, $20.2 million contained in the introduced budget for the student achievement block grant, used for dropout prevention and other programs, is eliminated.

Salaries:

Funding of $33.2 million is provided for a 3% salary increase for state-supported local employees, effective November 25. This includes constitutional officers and their employees, registrars and local electoral board members; employees of Community Services Boards, Centers for Independent Living, secure detention centers, juvenile delinquency prevention and local court service units, local social services boards and local health departments. Sheriffs, deputy sheriffs and regional jail officers are slated for a 4.82% increase, effective December 1 ($21.5 million). A $26.6 million reserve has been set aside for awarding second-year pay hikes.

Concerning teacher salaries, the budget includes language noting that in funding provided to update the SOQ for the next biennium, approximately $350 million reflects growth in prevailing salaries and related fringe benefits, and that it is the desire of the General Assembly that local school divisions continue to improve teacher salaries by at least three percent per year, the average, annual rate increase in recent years.

Car Tax:

Funding for car tax reimbursements to localities is reduced by $277 million in FY06 from the introduced budget, as state appropriations for the program are to be capped at $950 million per SB 5005, with payments to localities with calendar year 2006 car tax payment due dates prior to July 1, 2006, not be reimbursed until after July 1, 2006.

ABC/Wine Profits:

The budget distributes the profits from the sale of alcoholic beverages to localities at FY04 levels, a reduction of $7.3 million from the introduced budget. Wine taxes to localities also are distributed at FY04 levels, representing a $900,000 reduction from the introduced budget. A language amendment sets a cap of $4.15 million each year to be distributed to localities, eventhough the budget includes a 3% markup on liquor prices and an increase in ABC license and permit fees. Distributions usually are based on actual profits realized. Rolling stock distributions of $5.4 million each year are included, a reduction of $1.2 million.

Jails:

Budget language grants numerous exemptions to the moratorium on the approval of jail construction projects, including for Appomattox, Amherst and Nelson to plan for a regional jail. Language also requires the Department of Corrections (DOC) to prepare a plan to house 1,000 state-responsible offenders in local and regional jails during the biennium. The plan will include an analysis of potential impediments to expanding the contract bed program, including the extent to which current arrangements for housing federal prisoners may be absorbing jail capacity that otherwise might be used for this program. At the same time, DOC is required to examine the jail pre-release program, including the impact of the program on the state's ability to address the backlog of state responsible inmates in local and regional jails.

Compensation Board and Constitutional officers:

The budget includes funding for Career Development Programs for Treasurers and Commissioners of Revenue, who would receive salary increase upon successful completion of the program's requirements. A language amendment eliminates a restriction imposed on local salary supplements for general registrars. Also, the Compensation Board is authorized to use up to $3.7 million to address constitutional officer local retirement rate increases and salary costs. Funds also are included to update voter registrar and electoral board salaries ($1 million) and to appropriate federal funding ($60 million) for new voting equipment required by federal law.

Program structures are updated for sheriffs and circuit court clerks to include three activity levels within those offices, and new subprograms for treasurers and commissioners of revenue also are established. A new program for directors of finance is created.

The Treasury Department is required to report on recommended liability insurance premiums for constitutional officers and regional jails, to include program administrative costs, settlements concluded in the prior fiscal year, the impact of those settlements on program reserves and actions taken to reduce various cost associated with claims.

Drug Courts, PAPIS and CASA:

The budget appropriates $520,000 each year for drug courts. It also provides nearly $2.5 million to expand local community corrections and pre-trial services programs to increase the diversion of low-risk, non-violent offenders from local and regional jails, and restores $100,000 the first year and $146,250 the second year from the general fund for the Court-Appointed Special Advocate (CASA) program.

Human Services:

In the health and human services area, an additional $54 million is provided over the introduced budget. Most significantly, additional funding is provided for mental retardation services for 700 individuals on the urgent waiting list (state agencies are directed to absorb another 180 slots in FY06 if capacity exists) and for additional developmentally disabled wavier slots. A "day support" waiver program also is established to serve another 300 individuals. TANF funding is reduced by 10% and general funds substituted for several programs, including community action agencies, CHIP and Healthy Families. Healthy Families will receive $200,000 more in general funds each year than in FY04, community action agencies will receive $500,000 each year and CHIP will receive $100,000 over the biennium.

The budget adds $2.2 million in the second year to increase the monthly auxiliary grant for approved assisted living facilities from $866 to $894 per month. About $1.6 million for area agencies on aging is restored. In addition, $50,000 each year is provided for additional child welfare services anticipated as a result of passage of HB 1041, which expands the definition of abuse or neglect to include children whose parents or caregivers allow the child to be present during the unlawful sale, manufacture, or attempted manufacture of a Schedule I or II controlled substance.

Language amendments related to CSA 1) allow the CSA Office to assist localities in obtaining parental copayments for CSA services by using debt set-off as a tool in collecting payments; 2) require the State Executive Council to investigate reasons for the practice of parents relinquishing custody of their children solely to obtain necessary and appropriate mental health services; 3) direct Community Policy and Management Teams (CPMT) to use the least restrictive setting in providing CSA services and to report on utilization of residential services; and 4) require the Department of Medical Assistance Services (DMAS)to provide semi-annual training to local CSA teams to ensure that localities appropriately access Medicaid-funded CSA services.

The Judicial Council of Virginia will study and make recommendations on funding, resources and statutory changes needed to implement a family courts system as approved in 1993.

Other Environmental Items:

Several initiatives recommended by the Rural Virginia Prosperity Commission received funding. Included among them is $150,000 in the second year for a new Secretary of Agriculture position (one position funded and two transferred from other agencies to the secretariat), and $150,000 over the biennium for a new Center for Rural Virginia.

An estimated $1.6 million is expected to be generated from a $1 fee imposed on deed recordations in localities where the Virginia Outdoors Foundation holds open space easements (HB 549). The budget also eliminates $1 million in funding for water supply planning (SB 110 delays the effective date of new water supply plan regulations until July, 2005).

The budget provides for a one-time loan to be issued to DEQ for Litter Control and Recycling Grants to localities in FY05. The payment of these local grants was jeopardized the past two years by the transfer of proceeds from the program to the general fund. The loan will be repaid from the revenue collected in the Litter Control and Recycling Program in excess of the amounts needed to provide future formula-based grants to localities. Grant awards cannot exceed FY04 levels until the loan is repaid.

A language amendment directs the Department of Game and Inland Fisheries to maintain operation of, and visitor access to, state-owned fish hatcheries, including the Montebello fish hatchery, and authorizes the Department to charge a fee of up to $1.00 per visitor.

Language and funding amendments merge the Chesapeake Bay Local Assistance Department (CBLAD) with DCR. Both agencies are responsible for land use, open space and water quality programs and the combined agency will continue the planning support role of CBLAD and enforce the local planning ordinances already in place.

Department of Housing and Community Development (DHCD):

The budget reduces funding for planning district commissions by 10% each year. No funds are included for the Regional Competitiveness Act. Budget language requires DHCD, as a condition of appropriation, to work towards accomplishing several goals and strategies during the next biennium, including increasing the availability of safe and affordable housing to low income individuals and families and reducing the number of homeless persons.

Emergency Medical Services:

The budget projects about $12.75 million in revenue each year from the surcharge on motor vehicle registrations ($4-for-Life) approved in 2002. It transfers $9.3 million each year from additional $4-for-Life funds to Emergency Medical Services (EMS) and $3.45 million to the general fund.

Behavioral health care and substance abuse services:

Budget language requires evaluation of any new mental health or substance abuse program implemented by the Department of Juvenile Justice. Language also states that the Joint Commission on Health Care should support the continued state funding of local initiatives addressing the needs of adults and juveniles with mental health, mental retardation or co-occurring disorders who come into contact with the criminal justice system.

Tax Policy:

Budget language allows JLARC staff to have direct access to Department of Taxation data files in order to provide on-going support of tax policy oversight conducted by the House Finance and Senate Finance Committees.

Tourism:

The Virginia Tourism Authority is directed to enhance its website to include comprehensive, hyperlinked listings of wineries, "bed and breakfast" establishments and historic attractions by geographic area of the Commonwealth.

Legislative Priorities

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Following is a brief summary of significant, approved bills related to the 2004 TJPD Legislative Program "Action Items" and those related bills of special interest to our region.

Standards of Quality Funding

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

HB 1013 (Dillard) creates an At-Risk Student Academic Achievement Program and Fund to provide funding for at-risk students, subject to budget appropriations.

HB 1014 (Dillard) and SB 479 (Potts) contain numerous revisions to the Standards of Quality (SOQ) as proposed by the Board of Education (BOE); amendments requiring additional state funding are dependent on budget appropriations.

HJR 105 (Drake) creates a joint subcommittee to study state assistance to localities for school infrastructure needs.

Comprehensive Services Act (CSA)

The TJPD 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 527 (Hogan) adds the chairman of the state/local advisory team to the CSA State Executive Council.

HB 598 (Dudley) provides that when a juvenile court places a juvenile convicted of certain crimes in a community or facility-based treatment program, the costs of that placement shall be funded out of the state pool of funds for community policy and management teams.

Environment

This TJPD action item supports state funding of comprehensive environmental quality programs.

HB 1177 (Bryant) consolidates the management of Virginia's stormwater regulatory programs within one state agency and authorizes localities to implement stormwater management programs in conjunction with existing, currently required erosion and sediment control programs.

HB 1350 (Orrock) and SB 365 (Watkins) are environmental permit application and maintenance fees bills that authorize the Department of Environmental Quality (DEQ) to adopt a schedule of annual fees to support Virginia's waste and water permit programs.

SB 110 (Williams) delays the effective date of water supply plan regulations one year, until July 1, 2005.

SB 267 (Deeds) authorizes establishment of a Rivanna River Basin Commission upon passage of a resolution by three of four localities where more than three percent of the jurisdiction is located within the basin (Albemarle, Charlottesville, Fluvanna and Greene).

Public Safety

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

HB 87 (Lingamfelter) prohibits use or sale of mobile infrared transmitters that can change a traffic light signal to give the right-of-way to the vehicle equipped with such device, except under certain conditions.

HB 504 (Keister) and SB 214 (Edwards) expand the use of the courthouse security fee to include, in addition to personnel, various equipment used in courthouse security that may be requested by a sheriff.

HB 530 (Hogan) removes the grandfather clause allowing localities to enforce pre-1987 ordinances governing firearms and declares that any local ordinances adopted prior to that year are invalid.

HB 589 (Janis) stipulates parameters for magistrates to specify the law-enforcement agency and jurisdiction to execute emergency custody or temporary detention orders and provide transportation of the subjects of such orders, and allows law-enforcement agencies to enter into agreements to facilitate such execution.

HB 1150 (McDonnell) prohibits a local government from adopting an ordinance governing the storage of firearms or ammunition.

Tax Structure and Reform

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

HB 154 (Van Yahres) adds Charlottesville to the list of cities and counties authorized to have higher total income and financial worth caps in determining real estate tax exemptions for the elderly and disabled.

HB 1174 (Bryant) sets up a "framework" for changes in the way telecommunications are taxed that would repeal several state and local taxes and replace them with a yet-to-be-named 4.5% tax and 75 cents/line E-911 fee. The intent is that legislation to carry out this bill's goals would be introduced next year.

HJR 172 (Lingamfelter) directs the Joint Legislative Audit and Review Commission (JLARC) to collect information from other states and countries that have replaced income tax revenues with sales and use tax revenues.

Land Use and Growth Management

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

HB 819 (Drake) requires that written notice be given to the owner of each parcel involved when a proposed amendment of zoning ordinance text regulations decreases the allowed dwelling unit density of any parcel of land.

HB 825 (Drake) authorizes the Virginia Housing Development Authority (VHDA) to finance mixed-income and mixed-use housing developments in certain revitalization areas designated by local governments.

SB 58 (Martin) outlines provisions for the maintenance of and repairs to nonconforming signs, to include owner application to the Virginia Department of Transportation (VDOT) for a permit to repair or rebuild signs, and limits such work to less than 50% of the replacement costs. A local building official may appeal to VDOT if he disagrees with the VDOT cost assessment.

SB 76 (Potts) stipulates that localities cannot prohibit display of political campaign signs on private property, if such signs comply with zoning and right-of-way restrictions applicable to temporary nonpolitical signs and have been posted with permission of the property owner.

Transportation

This TJPD action item urged the state to address construction funding shortfalls and to provide maintenance funding on top of construction dollars.

HB 485 (Cole) provides that no more than one-third of the annual secondary road funds apportioned to a county may be used to reimburse the county for debt service or for costs incurred on projects in the county's six year and capital improvement plans.

HB 552 (Hargrove) and SB 252 (Deeds) make various changes related to bicycles and their operation on roadways, specifically concerning hand signaling by bicyclists, riding two abreast, standards for helmets, and bicycle lights and reflectors.

HB 1419 (D.W. Marshall) authorizes creation of a local transportation district within Charlottesville and Albemarle County.

SB 353 (Houck) requires a transportation infrastructure component in comprehensive plans and directs VDOT, upon request, to provide localities with technical assistance in preparing such transportation element.

SB 563 (Stosch) strengthens the accountability for localities receiving street maintenance payments by revising existing expenditure reporting provisions, specifically to require categorical reports of expenditures to the Commonwealth Transportation Board (CTB) and reporting on performance targets and outcomes.

SB 670 (Newman) stipulates that if a Route 29 bypass around Charlottesville is not constructed because of opposition from the Metropolitan Planning Organization (MPO), and the Federal Highway Administration (FHA) requires repayment of federal funds spent on the project, then those funds will be deducted from the construction district in which the project was located (Culpeper district). It also stipulates that the amount of state funds spent on the project also will be deducted from the district.

Other Approved Legislation

Environment (Other)

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• HB 549 (May) imposes a $1 fee on every deed admitted to record in jurisdictions where open-space easements are held by the Virginia Outdoors Foundation. Revenue from the collected fees will accrue to the Foundation for open-space preservation.
• HB 1271 (Dillard) specifies the roles of soil and water conservation districts, to include assisting the Department of Conservation and Recreation (DCR) in promoting conservation management practices, delivering educational initiatives and encouraging voluntary actions to minimize nonpoint source pollution. The districts also will be responsible for locally administering the Department's Agricultural Best Management Practices Cost-Share Assistance Program.
• SB 12 (Whipple) revises the duties of the Virginia Recycling Markets Development Council to include assisting agencies, authorities and localities to meet their recycling needs.
• SB 400 (Norment) permits localities to restrict the nonessential use of groundwater during declared water shortages or water emergencies.
• SB 523 (Hanger) authorizes DCR to create a privately-funded Watershed Coordination Program to engage stakeholders within the state's 14 major river basins to develop strategic plans to mitigate and prevent nonpoint source water pollution.

Finance

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• HB 94 (Cole) and HB 97 (Cole) change several of the financial criteria localities may use to determine eligibility for real estate tax exemptions or deferrals for the elderly or disabled.
• HB 143 (Orrock) and SB 349 (Houck) increase from one to two the number of specially-classified vehicles in households containing both a member and an auxiliary member of a volunteer fire department or rescue squad, for purposes of local personal property taxation.
• HB 145 (Orrock) and SB 350 (Houck) allow localities to issue local vehicle licenses free of charge to active auxiliary members of volunteer fire departments and rescue squads.
• HB 293 (Ware) authorizes tax officials to compromise and settle tax assessments and collections. This bill is modeled after a federal law.
• HB 295 (Ware) authorizes the Tax Commissioner to issue written opinions regarding the machinery and tools tax, business personal property tax and merchant's capital tax, and the administration of such taxes, prior to the filing of an appeal.
• HB 298 (Ware) prohibits localities from denying permits and licenses to persons who have failed to pay taxes, penalties and interest pending correction of certain tax assessments; however, localities do not have to issue licenses or permits if the unpaid amounts would be jeopardized by delay and such issuance would prejudice or impede collection efforts.
• HB 300 (Ware) allows localities to make donations to any nonprofit organization providing recreational or daycare services to persons age 65 or older.
• HB 464 (Drake) permits taxpayers aggrieved by the assessment of any personal property tax on airplanes, boats, campers, recreational vehicles or trailers to appeal such assessment to the Tax Commissioner.
• HB 515 (Orrock) and SB 585 (Colgan) modify the sales tax exemption process for nonprofit entities, as such process was approved by the 2003 General Assembly to go into effect on July 1, 2004, by permitting churches to continue self-renewal exemptions and grandfathering and creating a new category of the types of organizations that are exempt from collecting the tax on fund-raising sales.
• HB 743 (Stump) and SB 71 (Puckett) allow all localities to exempt churches and ministers' residences from the consumer utility tax.
• HB 902 (Wardrup) clarifies that taxpayers may file their income tax returns with the Department of Taxation as well as with local commissioners of the revenue.
• HB 924 (Johnson) allows the Department of Taxation to appoint local treasurers to collect delinquent state taxes in the same manner as they collect delinquent local taxes.
• HB 926 (Ingram) permits treasurers not to collect personal property tax balances of $5 or less without affecting the locality's car tax reimbursement from the state.
• HB 1030 (Cole) allows localities to exempt from personal property tax or set a different tax rate for trailers primarily used by farmers to transport farm animals or products.
• HB 1076 (Parrish) clarifies the process localities must follow to exempt property of certain charitable and other related organizations from real or personal property taxes.
• HB 1211 (Hall) provides that the revenue bonds issued by a development authority shall not be deemed to constitute a debt, liability or obligation, nor impact the debt capacity, of any other political subdivision.
• HB 1448 (E.T. Scott) authorizes a local license tax on wine shipper's, beer shipper's and wine and beer shipper's of $10 per license, as well as a local license tax on farm winery licenses of not more than $50. The bill also decreases the current local license tax on winery licenses from $1,000 to $50.
• SB 73 (Howell) exempts from state and local recordation taxes, deeds conveying real estate to, from or given by an incorporated church or religious body. The bill contains an emergency clause that made it effective date retroactive to January 1, 2004.
• SB 426 (Wagner) allows a locality to combine its billings for stormwater charges with those for water or sewer charges, real property taxes or other billings, and to establish the order in which payments will be applied to the different charges. The bill also prohibits localities from combining billings with other localities or service authorities without their consent.

Retirement:

• HB 199 (Tata) provides that, for an employee who retired under the Virginia Retirement System (VRS) prior to July 1, 1999, and who had at least 20 years of creditable service, life insurance benefits will be equal to twice the amount of his highest annual salary; for an employee who retired with at least 20 years of creditable service and who then returns to work in a covered position, life insurance benefits will be equal to the greater of twice his current annual salary or the amount for which he would have been eligible had he remained retired.
• HB 551 (May) allows local governments to collect administrative fees imposed by the VRS from participating employees.
• SB 599 (Lambert) allows the VRS and local retirement systems to communicate required information to members and beneficiaries through electronic media.

Human Services

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• HB 420 (Watts) and SB 429 (Wagner) allow local social services departments to develop multidisciplinary teams to assist during the investigation of selected cases involving child abuse or neglect and to make recommendations regarding prosecution of such cases.
• HB 952 (Ebbin) revises and adds new provisions to existing adult protective services law, including reporting and investigation procedures.
• HB 1047 (Nixon) clarifies that when a disabled individual 18 to 21 years old and whose individualized education program (IEP) indicates that a private day school placement is the appropriate educational program, is placed across jurisdictional lines, the financial and legal responsibilities for the individual's special education services and IEP shall remain with the placing jurisdiction until the person is no longer 21 or is no longer eligible for special education services.
• HB 1109 (Moran) codifies existing policy and practice to authorize local departments of social services to provide independent living services to persons 18 to 21 years old in order to help them transition from foster care to self-sufficiency.
• HB 1135 (McDonnell) and SB 584 (Bolling) require the Department of Social Services' (DSS) Child Protective Services (CPS) unit to develop standards for training about the legal duties of its workers to protect the rights and safety of children and families. The bill also requires local social services departments to advise persons against whom a complaint or allegation is made, consistent with laws protecting the rights of the person making the report or complaint. In cases where a child is alleged to have been abused by a school employee, additional procedures also apply.
• SB 78 (Y.B. Miller) defines the practice of kinship care as the full-time care, nurturing and protection of children by relatives, and requires social services agencies to seek out kinship care options to keep children out of foster care and as a placement option for children in foster care.
• SB 409 (Ruff) requires local social services departments to notify the custodial parent, and make reasonable efforts to notify the noncustodial parent, of a report of suspected abuse or neglect concerning a child who is the subject of an investigation or receiving family assessment.

Land Use (Other)

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• HB 417 (Lingamfelter) requires the local conditional zoning index to provide ready access to all proffered cash payments and expenditures disclosure reports prepared by the locality for the Commission on Local Government and that such index be updated annually by November 30.
• HB 715 (Oder) clarifies provisions related to conveyance of easements to franchised cable television operators and public service corporations, to state that easements shall be conveyed by reference on the final plat.
• HB 820 (Drake) requires that the pre-downzoning value of land be used when a locality condemns land in a conservation or rehabilitation district, if the land was downzoned within five years before or anytime after the district was created and if the original owner still owns the land.
• HB 1255 (Orrock) provides that localities authorized to accept voluntary cash proffers also may issue bonds under the provisions of the Public Finance Act to finance improvements contained in the construction improvement program, to the extent that the costs of such improvements have been pledged by landowners as voluntary cash proffers.
• SB 204 (Quayle) allows an inoperable vehicle owner who is actively restoring or repairing a vehicle to keep it and another vehicle being used in the restoration or repair on his property, as long as they cannot be seen from ground level at the property's edge.
• SB 529 (Hanger) provides localities with greater flexibility to define "inoperable motor vehicles."

Local Government

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• HB 148 (Hargrove) amends the Public-Private Education Facilities and Infrastructure Act by requiring independent analysis of a requested project, unless the local governing body determines that such analysis can be conducted by its employees. It also requires that notice of a private entity's request for approval of a qualifying project be posted on the state's electronic procurement website.
• HB 240 (Nutter), HB 1393 (Keister) and SB 546 (Puckett) grant greater flexibility to localities where a facility owned by a regional industrial facility authority is located, to direct tax revenue collected with respect to the facility be remitted to the authority.
• HB 303 (Fralin) increases from $100 to $250 the fee that localities may seek from a person convicted of violating certain traffic-related offenses as reimbursement for providing an emergency response to any incident related to such violation. The bill provides that costs for firefighting, rescue and emergency medical services may be ordered as restitution.
• HB 373 (Lingamfelter) and SB 359 (Colgan) authorize local governing bodies to disseminate neutral explanations about local referenda at polling places and by publication before the election.
• HB 438 (Suit) provides that charges imposed by cities and towns related to abatement of nuisances shall constitute a lien against the property.
• HB 467 (Drake) and SB 226 (Bolling) stipulate that local officials required to file financial disclosure statements be given a copy (by the public body administrator) of the State and Local Government Conflicts of Interest Act within two weeks of their election or appointment. These officials are to read and familiarize themselves with the law.
• HB 679 (Rapp) provides enforcement provisions for a locality to require abandoned, nonconforming signs to be removed by the owner of the property where the signs are located, if told by the locality to do so. If the property owner does not comply in two years, the locality may remove the sign at the owner's expense.
• HB 713 (Oder) allows localities to temporarily store (for no more than 10 days) household hazardous waste and hazardous waste from small quantity generators, if done in accordance with a permit to store, treat or dispose of hazardous waste or a permit to transport hazardous waste.
• HB 749 (R.G. Marshall) and SB 302 (O'Brien) authorize state and local entities to enter into a cooperative procurement agreement to purchase from any contract of the United States General Services Administration or any other federal agency. Localities and school boards specifically are authorized to purchase goods and nonprofessional services.
• HB 827 (Drake) allows localities to provide one-time, home-ownership grants of $5,000 to employees of the locality, school board and constitutional officers to purchase their primary residences in the locality.
• HB 828 (Drake) creates a new set of rules for the inspection authority of local building officials for existing commercial and residential buildings or structures. This includes local authority to designate rental inspection districts and to adopt and enforce an inspection program for residential dwelling units that are rented to tenants. The bill also sets out the procedures for localities to conduct such inspections and to establish fee schedules. Local rental inspection ordinances in existence on July 1, 2004, must be brought into compliance with the new requirements by next July 1.
• HB 925 (Ingram) allows for unimproved, real property 1) assessed at under $10,000 and with delinquent taxes for at least five years, and 2) either less than 4,000 square feet or determined by the local zoning administrator to be unsuitable for building, to be sold by the local treasurer or tax collection official. Notice of the sale must be mailed to the registered owner and anyone having an interest in the property.
• HB 934 (D.W. Marshall) allows a constitutional officer to hire an employee without readvertising if the initial advertisement ran within 120 days; the current time limit is 60 days.
• HB 1145 (McDonnell) and SB 598 (Williams) authorize localities to implement remedial programs for procurement from women- and minority-owned businesses when there is a rationale basis for doing so or documented disparity between the availability and use of such businesses.
• HB 1258 (Baskerville) allows city council members to be paid on the same payroll cycle as city employees.
• HB 1267 (Byron) clarifies that electoral board members are considered county and city employees for purposes of eligibility for workers' compensation benefits.
• HB 1303 (Lingamfelter) allows localities to regulate by ordinance the use of pneumatic guns, defined as a gun that expels a BB or pellet by action of pneumatic pressure, including requiring that minors under age 16 have adult supervision when using such guns. No ordinance shall prohibit the use of pneumatic guns at shooting ranges or other property where firearms may be discharged.
• HB 1456 (D.C. Jones) makes various changes to the Code to facilitate local ability to abate nuisances and dispose of tax delinquent properties.
• HB 1485 (Sickles) adds fire and police operational medical directors to those persons that a locality may include in its liability insurance or self-insurance program.
• SB 90 (Marsh) allows localities to decide whether the locality or the individual will pay the cost of fingerprinting for criminal history record checks.
• SB 152 (Deeds) allows any locality to call its industrial development authority an economic development authority.
• SB 201 (Reynolds) amends the state grievance procedure but provides that provisions relating to the award of attorneys' fees shall not apply to any local governing body otherwise subject to the state procedure.
• SB 206 (Quayle) extends the moratorium on annexation proceedings. Under current law, the moratorium ends following any biennium in which actual appropriations to local governments for law-enforcement are less than the amount statutorily required.
• SB 233 (Lambert) requires housing authorities to adopt a "no trespass" policy designed to protect the authority-controlled premises and residents from nonresidents who enter the property for unlawful purposes or without any lawful purpose. The Attorney General will develop a model policy that addresses any relevant constitutional limitations on such action. The bill has a delayed effective date of January 1, 2005.
• SB 369 (Watkins) authorizes localities to enter into mutual aid agreements with investor-owned public utilities, electric cooperatives and interstate natural gas companies in order to prepare for, prevent and restore power and natural gas outages and failures.
• SB 470 (Ticer) requires an incumbent county supervisor or city councilor, in non-election years, to report to the local electoral board within five business days of receipt of any single contribution, or aggregate contributions from a single donor, of more than $500.
• SB 595 (Howell) requires application of locally-adopted grievance procedures to local social services employees; presently, the state grievance procedure applies to state and local social services employees, unless a locality chooses to apply local procedures.
• SB 648 (Houck) requires employers, upon request of a retired law enforcement officer, to issue to the officer a photo identification card indicating that he is a retired officer.

Public Safety (Other)

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• HB 83 (Kilgore) allows vehicles owned by regional jail authorities to be registered as "local government" vehicles.
• HB 214 (Athey) clarifies that local or regional law enforcement officials can make the initial decision to issue a local or regional Amber Alert; however, such officials must provide information about the abducted child to the State Police prior to issuing the alert.
• HB 235 (Cox) requires the Compensation Board to maintain in the Local Inmate Data System (LIDS) specific data fields for an inmate's country of birth and citizenship; the bill also requires all jail facilities subject to LIDS reporting to complete such information for all inmates housed in their facilities.
• HB 253 (McQuigg) allows localities to impose a prepayable $200 fine, plus an amount per mile-per-hour over posted speed limits, for speeding in residential areas. The fine cannot be suspended unless the defendant performs 20 hours of community service.
• HB 286 (Cosgrove) allows an off-duty law-enforcement officer to carry his handgun on school grounds; currently, only an officer engaged in his official duties may carry his weapon on school grounds.
• HB 415 (Lewis) requires the governor to conduct an annual, statewide drill on response to a large-scale natural disaster, to include participation by local governments and law-enforcement agencies.
• HB 570 (Albo) and SB 493 (Mims) authorize law enforcement officers to enforce immigration laws, including that such officer may arrest an individual without a warrant, if confirmed that the person is an illegal alien and previously has been convicted of a felony and been deported or left the country after such conviction.
• HB 653 (Bell) and SB 577 (Colgan) allow juvenile intake officers and magistrates (not just judges) to order a person over age 18 be confined in a jail rather than a juvenile detention home for an offense that occurred before person reached age 18.
• HB 717 (Shannon) requires local law-enforcement agencies to enter descriptive information about a missing child into the Virginia Criminal Information Network and National Crime Information Center systems, to notify other local law-enforcement agencies and to initiate an investigation within two hours of receiving a report of a missing child. Currently, the law requires that this be done "immediately."
• HB 873 (Van Landingham) requires all localities with a population over 50,000, by July 1, 2005, to establish an alert and warning plan for disseminating adequate and timely notice to the public in the event of an emergency or threatened disaster. Such localities also must amend their local emergency operations plan to include rules for the operation of its alert and warning system, to include sirens, Emergency Alert System (EAS), weather radios, amateur radio operators or other personal notification systems.
• HB 1116 (Weatherholtz) requires the chief law-enforcement officer of a locality where a candidate for certification as a crime prevention specialist serves, to approve the certification prior to the person serving in that capacity.
• HB 1233 (Griffith) and SB 236 (Norment) require the Department of Criminal Justice Services (DCJS) to establish training standards and a model policy for law-enforcement personnel and local and regional sexual assault response teams in handling sexual assault and stalking cases. The bills require local law-enforcement agencies to have policies that provide guidance to officers on domestic violence incidents involving law enforcement officers and repeat offenders. Also, DSS is required to establish minimum training requirements on family abuse and domestic violence for child protective services workers and supervisors.
• SB 660 (Stolle) prohibits the carrying of firearms in airports.

Transportation (Other)

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• HB 408 (Welch) stipulates that anyone using steel plates in connection with a temporary or permanent road repair shall apply a reflective substance to the plate to improve its visibility. The Virginia Transportation Research Council is to examine best practices regarding the improved visibility of steel plates.
• HB 777 (McDougle) provides that drivers approaching an intersection controlled by traffic lights that are dark due to power failure shall proceed as though the intersection were controlled by all-way stop signs.
• HB 899 (Wardrup) sets out provisions on how local governing bodies may enact ordinances regulating the use and operation of golf carts on public roads.
• HB 904 (Wardrup) allows the Transportation Commissioner to enter into agreements with cities and towns receiving urban construction funds, through which the cities and towns assume responsibility for the design, right-of-way acquisition and construction of urban roadways.
• HB 1137 (McDonnell) provides that failure to satisfy a judgment to a locality for responding to an emergency call necessitated by a DUI, certain traffic infractions or a terrorist hoax, results in suspension of the person's driver's license.
• HB 1263 (Ingram) requires VDOT, whenever it grants permission for location of a landfill gas pipeline within any highway right-of-way, to notify every county through which the pipeline will pass.
• HB 1373 (Hugo) adds "road construction" to the powers of service districts and requires local governing body involvement and participation in establishing certain transportation services to be operated or maintained by VDOT.
• SB 246 (Deeds) allows localities to require any person hosting a public, outdoor special event within 100 feet of a highway where the speed limit is at least 35 miles per hour, to notify the locality of the event. The local governing body then may provide for temporary signs, which state "Caution--Congested Area Ahead," to be placed near the event, This bill must be reenacted next year to become effective.
• SB 257 (Hawkins) revises the requirements and procedures by which subdivision streets opened to the public prior to July 1, 1992, may be brought up to state standards for acceptance into the state secondary highway system.
• SB 260 (Hawkins) requires VDOT to promulgate regulations for a comprehensive roadside management program, which shall include opportunities for participation by individuals, communities and local governments, and address items such as safety, landscape materials, services, funding, recognition and appropriate signing.
• SB 277 (Wampler) requires VDOT to mow grass and remove weeds and debris on property acquired for construction of a transportation project. Upon request by the locality, VDOT also must provide additional services, including removal of abandoned vehicles, to be funded from the construction allocations to the project.
• SB 408 (Ruff) provides that the maximum speed limit will be 65 miles per hour on multi-lane, divided, limited access highways.
• SB 421 (Wagner) makes noncompliance with traffic light signals a traffic infraction punishable by a fine of no more than $350.

Miscellaneous

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• HB 144 (Orrock) transfers registration requirements for locally-employed animal control officers from DCJS to the State Veterinarian.
• HB 203 (Athey) and SB 10 (Ruff) abolish the Advisory Commission on Intergovernmental Relations, which was created in the late 1970's to act as a forum for identifying and discussing areas of mutual concern to local and state officials.
• HB 391 (Amundson) modifies provisions related to medical care facilities to require the Commissioner of Health to consider the effects on accessibility of any proposed relocation of an existing service or facility. Localities in the planning district where the project is proposed to be located are to be notified and the health planning agency must consider comments from the relevant local governing bodies in making its decision. SB 86 (Puller) is similar, but requires notification of local governing bodies of the required public hearing on relevant applications.
• HB 451 (McQuigg) clarifies that the State Fire Marshal may establish procedures for the administering and enforcing the statewide fire prevention code in jurisdictions that do not enforce it at the local level. The Fire Marshal, upon approval of the Board of Housing and Community Development, may recover actual administration and enforcement costs in jurisdictions where he serves as the enforcement authority.
• HB 534 (Stump) and SB 72 (Puckett) provide civil immunity for various officials and volunteers who participate in a program in which persons are ordered, as a condition of probation or community service, to pick up litter along a section of roadway or waterway.
• HB 644 (Abbitt) codifies appropriations act language establishing the Railway Preservation and Development Fund.
• HB 658 (Bell) makes vandalism or removal of any street address sign posted to assist in E911 address identification service a class 1 misdemeanor.
• HB 734 (Joannou) provides that a person summoned to serve on jury duty is not required to work on the day of his jury service. This measure takes effect July 1, 2005.
• HB 817 (Van Landingham) and SB 381 (Puller) establish the Virginia Disability Commission as a legislative commission for the next three years to provide ongoing support in developing and reviewing services and funding for the disabled. The bill requires the Commission to seek approval from the Joint Rules Committee if not funded in its first year, and if not funded the second year, this law will expire.
• HB 919 (Phillips) permits water and sewer authorities to install, own and lease pipe or conduit to carry fiber optic cable, provided that certain conditions are met.
• HB 978 (Reese) directs the BOE to promulgate regulations for a process whereby school divisions may submit proposals for the consolidation of their school divisions. The bill also provides that following any such consolidation, computation of the state and local education funding shares shall be the lower, local composite index of local ability-to-pay of the applicant school divisions.
• HB 1002 (Orrock) revises the formula for distributing the $4 per year that is charged and collected for registration of motor vehicles, in order to funnel more dollars to emergency medical services programs through the state Department of Health.
• HB 1041 (Saxman) expands the definition of abuse or neglect to include children whose parents or caregivers allow the child to be present during the unlawful sale, manufacture, or attempted manufacture of a Schedule I or II controlled substance.
• HB 1043 (Saxman) requires the governor to conduct a biennial examination of commercial activities that are being performed by state employees to ensure that such activities are being accomplished in a cost-efficient and effective manner. An initial report is due January 1, 2006.
• HB 1056 (Moran) and SB 330 (Stolle) establish the Indigent Defense Commission to establish criteria for court-appointed lawyers and to assume the duties of the existing Public Defender Commission, which is abolished by this bill. All of the existing public defender offices are retained and no new ones are added.
• HB 1190 (J.M. Scott) transfers responsibility for oversight of the Commission on Local Government's assessment of mandates on local governments from the Secretary of Administration to the Secretary of Commerce and Trade.
• HB 1198 (D.C. Jones) authorizes the Board of Health to promulgate requirements and criteria for the development and maintenance of an emergency management plan for the provision of pure water during any extended power outage.
• HB 1212 (Landes) and SB 543 (Hawkins) provide for a Secretary of Agriculture to be established if funding is included in the 2004-2006 budget, that it will be filled no later than when the next governor takes office and that effective this July, a deputy secretary will be appointed within Commerce and Trade to administer policies affecting agriculture and forestry interests until the position is filled.
• HB 1213 (Landes) and SB 407 (Ruff) establish the Center for Rural Virginia as an independent local entity without political subdivision status for the purpose of sustaining economic growth in the state's rural areas. Included among the duties of the Center is to develop programs to train local elected officials and citizens for effective leadership in rural communities.
• HB 1398 (Bland) amends provisions that call for a report on the condition of the Commonwealth's urban areas, including that such report be developed during the first year of each new gubernatorial administration and that a cabinet-level committee be established to assist with developing the report.
• HB 1430 (Kilgore) establishes the Drug Treatment Court Act, providing that drug treatment courts are specialized court dockets within the existing state court system offering judicial monitoring of intensive treatment and strict supervision of addicts in drug and drug-related cases. The act requires establishment of a state drug treatment court advisory committee, as well as a similar committee for localities with drug treatment courts. Local officials must complete a recognized planning process before establishing a drug treatment court program. Each local advisory committee shall establish criteria for eligibility and participation of offenders determined to be addicted to or dependent upon drugs, and policies and procedures for the operation of the court.
• SB 3 (Martin) repeals certain dormant special funds, and the associated program, if no appropriation is made to them by July 1, 2004. This includes the Workforce Development Training Fund and the Landfill Cleanup and Closure Fund.
• SB 4 (Martin) removes the requirement that half of all monies received by localities from the Virginia Removal or Rehabilitation of Derelict Structures Fund be utilized in housing revitalization zones.
• SB 308 (Blevins) authorizes an officer of the court appointed by a local governing body to serve on a community criminal justice board to designate a member of his staff approved by the governing body to represent him at board meetings.
• SB 436 (Locke) extends the sunset for the Neighborhood Assistance Act from 2004 to 2009.
• SB 525 (Hanger) stipulates that, under competitive negotiation, the limit on design-build construction contracts is increased from $500,000 to $1 million. The bill also provides that for contracts under $1 million, local public bodies do not have to obtain approval from the Design-Build Review Board.
• SB 556 (Marsh) requires notification to state and local elected officials in an affected locality prior to siting of a facility for persons convicted of a sexually violent offense. Upon receiving the notice, the local governing body may publish a descriptive notice concerning the proposed site. The Mental Health Commissioner also must establish an advisory committee that includes state and local elected officials and community organizations serving the jurisdiction in which the facility is proposed to be or is located.
• SB 651 (Norment) extends until December 31, 2010, the rate caps now in place for incumbent electric utilities, unless the caps are terminated sooner by the State Corporation Commission (SCC) upon a finding there exists a competitive electric generation market. The bill also provides that a political subdivision may aggregate the electric energy load of residential, commercial and industrial retail customers within its boundaries on either an opt-in or opt-out basis and eliminates the requirement that no profit be earned.

Freedom of Information Act (FOIA):

• HB 168 (Sherwood) exempts from mandatory disclosure requirements under the Freedom on Information Act (FOIA), records of state or local parks and recreation departments, if such records contain information identifying persons under age 18, where the parent has requested that such information not be disclosed.
• HB 347 (Sherwood) exempts from mandatory disclosure requirements under the FOIA, local governing body records relating to citizen emergency response teams established by local ordinance, to the extent that such records reveal certain personal information about an individual participant.
• HB 358 (Suit) specifies that minutes of open public meetings shall include, but are not limited to, the date, time and location of the meeting; the members of the public body recorded as present and absent; a summary of the discussion on matters proposed, deliberated or decided; and a record of any votes taken.
• HB 538 (May) and SB 297 (O'Brien) exempt from mandatory disclosure requirements under the FOIA, records of the telephone numbers for cellular telephones, pagers or other portable communication devices provided by a law-enforcement agency to its personnel for use in performing their official duties.
• HB 543 (May) prohibits, effective July 1, 2005, filing or creating public records that contain more than the last four digits of any unique identifying number, unless such use is required by law or the record is exempt from disclosure. This bill must be reenacted next year to become effective.
• HB 1364 (S.C. Jones) exempts from mandatory disclosure requirements under the FOIA, the name, address, telephone number and any other information identifying a telecommunications carrier subscriber, provided directly or indirectly to a public body operating a 911 or E-911 system, if the data is in a form not made available by the telecommunications carrier to the public generally.
• SB 149 (Deeds) exempts from mandatory disclosure requirements under the FOIA, the names and addresses or other contact information of persons receiving transportation services from a state or local public body under the Americans with Disabilities Act (ADA) or funded by Temporary Assistance to Needy Families (TANF).
• SB 352 (Houck) reorganizes the listing of records that are not subject to the mandatory disclosure requirements of the FOIA, creating seven new sections grouping the exemptions by general subject area (including exemptions applicable to specific public bodies).
• SB 394 (Norment) clarifies that the current record exemption under the FOIA for proprietary information and other records related to economic development efforts applies to those enumerated state and local or regional economic development agencies to which such information is provided or used.
• SB 562 (Lambert) expands the current record exemption under the FOIA for information furnished to certain state auditors to the same records of designated internal auditors of any school board or local governing body.

Studies And Resolutions

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• HJR 6 (Cox) establishes a joint subcommittee to examine the Virginia Public Records Act and develop a plan for long-term reduction of report printing and distribution, as well as archiving of state electronic records.
• HJR 34 (Putney) establishes a joint subcommittee to examine the VRS including the current VRS benefit structure and adequacy of funding and blending of contribution rates.
• HJR 72 (Cox) directs JLARC to study the effectiveness of the implementation, performance and enforcement of Virginia's nutrient management plans, which address nonpoint source pollution.
• HJR 103 (Reid) directs JLARC to study the impact of Virginia's aging population on the demand for and cost of state agency services, policies and program management.
• HJR 133 (O'Bannon) directs JLARC to study pre-hospital emergency medical services.
• HJR 152 (Drake) directs the Virginia Housing Study Commission to continue its study of various housing issues, including the development of a statewide housing policy. SJR 95 (Lucas) stipulates that blighted or deteriorated properties in older urban communities be considered as part of the work on developing a statewide housing policy.
• HJR 153 (Drake) requests the State Corporation Commission (SCC) to study the underground placement of existing overhead utility distribution lines, the costs that would be incurred and options for funding such underground placement.
• HJR 170 (Hall) extends the work of the Commission on Growth and Economic Development for one additional year to continue its examination of adequate public facility ordinance authority and to review conditional zoning and its effect on residential housing patterns and housing costs.
• HJR 174 (Hugo) establishes a joint subcommittee to study the certification process for voting equipment, to include consideration of the merits of alternative voting systems, review of processes for addressing election day problems with voting equipment and the proper procedure for handling voting equipment pending election recounts and contests.
• HJR 176 (Hugo) creates a joint subcommittee to study the impact on the economy of collecting remote sales taxes, including the impact on revenue and small businesses.
• HJR 186 (McDonnell) creates a joint subcommittee to review the adequacy of conflict of interest and lobbyist disclosure forms, to study the use of a uniform disclosure form and to examine the feasibility of providing information from the forms on the Internet.
• HJR 193 (Landes) directs JLARC to conduct a two-year study of the mission and effectiveness of the organization, operation and performance of the Department of Social Services.
• HJR 225 (McDonnell) directs the Crime Commission to conduct a statewide study of the operations of the offices of Commonwealth's Attorneys.
• HJR 247 (Louderback) and SJR 79 (Obenshain) memorialize Congress to enact the State Waste Empowerment and Enforcement Provision Act, which would give state and local governments authority to regulate the importation of solid waste into their jurisdictions.
• HJR 279 (Van Yahres) recognizes the Albemarle Housing Improvement Program (AHIP) for its work in helping low-income residents live in safe, decent and affordable housing, and specifically for its efforts in the Porter/Yancey Neighborhood Revitalization Project, for which AHIP received the Virginia Housing Award for the Best Housing Development in 2003.
• SJR 38 (Stolle) requests the Department of Game and Inland Fisheries to study local firearms hunting ordinances. The Department shall consult with local government attorneys in examining how these ordinances can be made more uniform and consistent across the state, with particular attention paid to the development and use of model ordinances that would enhance understanding of hunting laws by the public.
• SJR 75 (Ticer) requests the Board of Forestry to study the provision of incentives to private landowners to hold and preserve forestland.
• SJR 81 (Mims) encourages the Department of Mental Health, Mental Retardation and Substance Abuse Services to provide nonfinancial assistance in developing demonstration projects designed to divert individuals with mental illness and substance abuse from jail or secure detention.
• SJR 115 (O'Brien) expresses support for the National Guard and Reserve by encouraging local governments and private employers to conduct military awareness programs and ceremonies.