Other Approved Legislation

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

Budget Overview

back to top

The 2005 General Assembly needed one extra day to complete its work, with one of its final actions being adoption of amendments to the 2004-2006 budget. The compromise spending plan supplements spending above the introduced budget by about $120 million, thanks in part to a revised forecast in February that increased expected revenues for the remainder of the fiscal year. Following are highlights of approved amendments to the FY05/FY06 state budget.

TJPD Action Items

Car Tax Reimbursement

This TJPD action item urged restoration of state reimbursement to localities in FY06 for the Personal Property Tax Relief Act (PPTRA).

• Though budget amendments were proposed in both the House and Senate to restore $223 million for reimbursements to localities in FY06 under the PPTRA, the approved budget does not contain funding for this purpose. It retains language included in the introduced budget to provide clarifications and changes in order to transition implementation to a fiscal, rather than calendar year basis, and address program transition problems so as to minimize financial disruption to localities. Among the amendments are ones to provide that i) spring billers will receive reimbursements within the financial reporting "availability period" (typically 45 or 60 days following June 30); ii) the "old" car tax reimbursement system will end on September 1, 2006 and delinquent taxpayers can then be billed at the full amount of the original levy; and iii) the base year upon which allocation of the capped $950 million reimbursement amount is based will be changed from tax year 2005 to tax year 2004, so that all localities can have the base computed on a full collection cycle. Localities may distribute this block grant-style relief as they see fit, but will need to adopt ordinances or budget provisions detailing how it will be apportioned.

Transportation

This TJPD action item advocated additional revenues for transportation without heavy reliance on the general fund or debt.

The revised spending plan provides just over $848 million in additional general and nongeneral funds for the Transportation Initiative of 2005 (nearly $350 million from general funds). The plan includes elements contained in the introduced budget to promote public-private projects, encourage localities to manage their own highway construction and improve rail service.

Specifically, the plan includes the following:

• $107.5 million for Priority Transportation Fund projects, from insurance premium tax revenues derived from automobile insurance premiums.
• $256.4 million to fully pay off project deficits.
• $50 million for the Transportation Partnership Opportunity Fund to support public/private transportation projects, as stipulated by HB 2793.
• $23.2 million for the Rail Enhancement Fund created by HB 2596.
• The local revenue sharing program for counties is expanded to include cities and towns and funding for the program is increased to $50 million. In addition, $40.0 million is provided to encourage increased local participation in construction projects.
• $97.4 million from federal highway funds to be used for highway maintenance.
• $75 million for various transit projects, including $5 million for statewide bus purchase and bus facilities projects.
• $20 million for improving welcome centers and rest areas along Interstates 95 and 64 (the Commonwealth Transportation Board may consider using such funds along Interstate 81).

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 education funding by about $42 million over the biennium, slightly less than proposed by the governor. Funds are added for the state share of a three percent teacher salary increase, effective December 1. It is anticipated that updating the SOQ to account for increased costs, inflation and other factors will require more than $700 million in state funding over the next biennium.

Comprehensive Services Act (CSA)

This TJPD action item supported full funding of the state pool for CSA and a cap on local expenditures.

No additional funding for CSA is included in the approved budget, but $500,000 was added in FY06 to serve children and adolescents with serious emotional disturbances and related disorders who are not mandated for services under CSA. The budget included language to update the base year from 1994 to 1997 used in the CSA program to calculate local administrative costs; a $60,000 adjustment is made to the funding allocated for administrative costs to reflect the change back to the 1997 base year.

Public Safety

This TJPD action item advocated Compensation Board funding as a top priority.

The budget provides $1.3 million as the first step in a three-year plan to fund Compensation Board staffing standards for Commonwealth's Attorneys. Funding is included to convert the part-time office in Greene County to full-time. In addition, the plan removes the proposed $1.5 million increase in FY06 jail per diems pending completion of actual inmate population counts through the first quarter of FY06. The amount of HB 599 funds to be distributed increases in FY06 by $4.2 million (total distribution will be $191.3 million for FY06). It adds $500,000 for local community corrections and pre-trial release programs for local-responsible offenders; $371,000 for PAPIS included in the introduced budget is retained.

Other Budget Items Affecting Local Governments:

• Provides additional funds for a 4.4% salary increase, effective December 1, for state-supported local employees, including constitutional officers and their employees, local social services, election board employees, health, juvenile justice and community services board employees.
• Provides just over $511,000 in additional dollars for Planning District Commissions to restore previous reductions and to ensure each PDC receives $90,000 in state funding.

Environment

• Provides $50 million in FY06 to the Water Quality Improvement Fund (WQIF) for grants to publicly owned wastewater treatment plants to support costs of improving the nutrient removal capabilities of such plants. This is in addition to the introduced budget, which increased the deposit to the WQIF for point source pollution reduction by $16.2 million. Also, just over $100,000 is included to restore funding for citizen water quality monitoring programs, which assist the Department of Environmental Quality (DEQ) in identifying sources of water pollution.
• Reduces by $50,000 the amount in FY06 for water supply planning grants to localities.
• Provides $10 million to the Virginia Land Conservation Fund for grants to secure parks, natural areas, farms and historic sites.

Education

• The budget restores $10 million in FY06 to the Literary Fund, to be used for school construction loans for projects on the First Priority Waiting List. The introduced budget used a total of $25 million in Literary Fund dollars for interest rate subsidies for school capital projects. Nearly $260 million is being diverted from the Literary Fund over the two-year budget to pay for teacher retirement.
• Includes $1.2 million for a new state-supported school breakfast program that will provide a 20-cent reimbursement incentive to schools that increase the number of breakfasts served.

Health and Human Services

• Provides nearly $11 million in general and nongeneral funds to increase Medicaid and FAMIS dental service rates by an additional 20% (the introduced budget contained a 10% increase). Also, the budget adds $25,000 in FY06 for the Charlottesville Area Dental Access to establish a dental clinic serving about 10,000 low-income children each year.
• Provides an additional $500,000 in general funds for Healthy Families for offsetting the loss of Title IV-E funding.

  Provides an additional $250,000 for Community Action Agencies.Increases state funds for the assisted living facility auxiliary grant rate by $2.3 million ($50/month) in FY06. Local governments pay a 20% match on these grants.

• Provides $850,000 to support homeless shelters and transitional housing and $440,000 for homeless children's coordinators in emergency shelters and for developing single room occupancy housing for homeless adults. Most of these funds were redirected from a proposed program that would have provided housing supplements for disabled people in mental health facilities to live in more integrated settings.
• Extends for one additional year, the CSA State Executive Council study of reasons leading to parents relinquishing custody of their children to obtain mental health services, adding an additional requirement to recommend changes that strengthen child advocacy in the state.
• Provides the $25,000 recommended in the introduced budget for the Disability Commission in FY06 and establishes it as a separate sub-agency within the Division of Legislative Services.
• Creates the Staffing for Adequate Firefighters and Emergency Response (SAFER) Matching Grant Fund, to reimburse local governments for their share of a new federal program to encourage localities to hire more firefighters. State funding of $250,000 would be used as reimbursement for the first year local matching requirement, after which localities choosing to participate would assume the increasing (over a five-year period) cost of the new firefighters.
• Includes $250,000 in FY06 for the Virginia Tourism Authority to make grants to regional and local tourism authorities and other tourism entities to support their efforts.
• Provides a total of $13.5 million for the enterprise zone program established under HB 2750 and SB 983, to support job creation and property improvement efforts.
• Provides $50,000 for the Oakland Museum in Nelson County, $25,000 for the Trevillian Station Battlefield Foundation and $250,000 for the Paramount Theater. Accompanying language requires that these and other recipients of non-state agency grants describe their economic benefit to the state when it applying for the grant.

Budget Language amendments:

• A handful of language amendments related to transportation were approved:
1. Language states the General Assembly's support for developing a Trans Dominion Rail Pilot Project to demonstrate the capability of passenger rail service to enhance economic development and connectivity among the communities served between Bristol and Richmond.
2. Language stipulates that for metropolitan areas east of or adjacent to Route 29, priority for ground transportation system planning and research funds shall be given to those local governments that complete a build-out analysis of their comprehensive plans and zoning.
3. Language requires VDOT to work with local governments, among others, to revise the definition of businesses and industry that qualify for access road funding.
4. Language directs VDOT to work with county representatives to develop and prepare recommendations on the process for any county, at their request, to assume responsibility for their secondary construction program.
5. Language directs the Department of Rail and Public Transportation to study communications equipment used by transit organizations, to focus on the ability to communicate internally and with first responders during an emergency or natural disaster.
• Language directs the Compensation Board and the Auditor of Public Accounts to develop options for a revised cost recovery methodology to recover all costs reimbursed by the state, including capital costs, associated with housing federal or out of state inmates. Currently, only staffing costs are considered in the recovery methodology.
• Language directs the Secretary of Health and Human Resources to examine the demand for housing services for persons with disabilities and the specific housing options that should be considered by the General Assembly.
• Language stipulates that $4.65 million in general and nongeneral funds over the biennium be provided to local social services departments to enhance child welfare services under the federal Performance Improvement Plan.
• Language directs the Governor to include litter control and recycling funds in his 2006-2008 budget submission.
• Language allows the Fire Services Board to increase minimum payments (from $10,000 to $12,000) to counties and cities under the Fire Programs Fund as revenues increase.

Legislative Priorities

back to top

Following is a brief summary of significant, approved bills related to the 2005 TJPD Legislative Program "Action Items" and those related bills of special interest to our region.

Transportation

• This TJPD action item advocated additional revenues for transportation without heavy reliance on the general fund or debt and urged additional road maintenance funding.
• HB 2666 (McDonnell) and SB 1108 (Stosch) revise the Public Private Transportation Act (PPTA), including authorizing establishment of an interim agreement to provide for partial planning and development while other aspects of a project are being negotiated and analyzed.
• HB 2763 (Wardrup) authorizes CTB to issue Federal Highway Reimbursement Anticipation Notes (FRANs), not exceeding $1.2 billion, for projects on CTB's six-year improvement plan.
• HB 2793 (Wardrup) creates the Transportation Partnership Opportunity Fund to encourage development of design-build transportation projects, PPTA projects and to address the transportation aspects of economic development opportunities. Guidelines and criteria to be used in awarding grants (up to $5 million) or making loans (up to $30 million) from the fund will be developed. The approved budget provides $50 million for this fund.
• SB 985 (Watkins) provides that if funding for the construction of a primary or interstate project is scheduled in the CTB Six-Year Plan, a locality may request to advance funds to the project. CTB may agree to such advancement and subsequent reimbursement of the locality of the advance.

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).

Comprehensive Services Act (CSA)

This TJPD action item supported full funding of the state pool for and a cap on local expenditures.

• HB 2787 (Johnson) adds two General Assembly members to the State Executive Council for Comprehensive Services for At-Risk Youth and Families.

Public Safety

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

• HB 2238 (O'Bannon) requires the State Board of Health to prescribe regulations for (i) training for emergency medical services personnel; (ii) collection and reporting of emergency response times; and (iii) enforcement provisions against any entity found to be in violation of the emergency medical services statutes or regulations.
• HB 2249 (Bell) authorizes Albemarle and Greene counties to regulate distribution of materials to, solicitation of contributions from, and sale of merchandise to the occupants of motor vehicles on public roadways and medians.
• SB 873 (Cuccinelli) requires police and sheriffs departments with more than 100 law-enforcement employees to calculate overtime based on hours in paid status, rather than hours actually worked.

Tax Structure and Reform

The TJPD action item on tax structure and reform requested the state to broaden revenue sources available to localities and not restrict local government revenues or taxing authority.

• HB 1638 (Callahan) and SB 708 (Chichester) reduce the state sales tax on food to 1.5% beginning July 1. Under current law, the rate is 3% and was gradually to be reduced to 1.5% by July 1, 2007. Of the remaining 1.5%, one percent is distributed to localities based on school-aged population.
• SB 844 (Deeds) and SB 851 (Cuccinelli) allow a locality to exclude up to $5,000 of a property owner's permanent or temporary disability benefits when determining eligibility for its tax deferral programs.
• SB 1051 (Wagner) provides, for purposes of real property tax relief programs for the elderly and disabled, that localities may use their median adjusted gross income as a total income limit for eligibility, and may adjust the current net financial worth limit for inflation.
• HJR 633 (Ingram) and SJR 275 (Edwards) are proposed Constitutional amendments that would authorize the General Assembly to enact legislation permitting localities to provide a partial exemption from real property taxation for property and new structures and improvements in conservation, redevelopment or rehabilitation areas.

Land Use and Growth Management

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

• HB 2159 (Reese) and SB 1086 (Ticer) rewrite criteria for a zoning administrator to grant a modification (currently variance) from the zoning ordinance by including requirements related to physical requirements on a lot or parcel of land, including but not limited to size, height, location or certain features.
• HB 2282 (Janis) provides that no locality shall submit a sport shooting range to noise control standards more stringent than those in effect at the time an application was submitted for construction or operation of the range. Existing law refers to the time of construction, not the time of application.
• HB 2456 (Suit) provides that localities may not require cash proffers to be paid before application for a building permit, but may accept voluntary proffers from developers to pay them earlier. The bill also states that the inflation factor applied to a cash proffer must be either the Consumer Price Index or the Marshall/Swift construction cost index.
• HB 2888 (Lingamfelter) provides for forfeiture of proffers (to the CTB, for addition to the secondary or urban allocation, but not used to offset any amount the locality would otherwise be allocated) seven years following collection of all cash proffers in a particular rezoning. Forfeiture can be avoided by starting construction, site work, engineering, surveying, design or land acquisition within that period. Localities would be allowed to transfer proffers whose original intended use is no longer valid for another in the same vicinity.

Other Approved Legislation

Environment (Other)

back to top

• HB 1546 (Frederick) increases the maximum penalties for violations of the solid waste management laws from $25,000 to $32,500.
• HB 2192 (Abbitt) reduces the distance a landfill can be sited from surface water or groundwater supplies from five miles to three miles, and as close as one mile from any existing surface or groundwater supply if the landfill meets certain conditions.

• HB 2212 (Dillard) adds fees, lease proceeds and funds accruing from the use or management of state natural area preserves to the Natural Area Preservation Fund.

• HB 2365 (Bryant) updates Department of Conservation and Recreation's stormwater management program authorities to clarify language related to the 2004 Stormwater Management Act consolidation, creates new reporting requirements for local plan-approving authorities related to land-disturbing activities, and authorizes the Soil and Water Conservation Board to establish a statewide permit fee schedule for stormwater management related to municipal separate storm sewer system permits.

• HB 2777 (Louderback), SB 810 (Williams) and SB 1235 (Quayle) provide the legislative framework for the budget's $50 million appropriation to the WQIF in FY06. The money is to be used to finance the costs of design and installation of biological nutrient removal facilities or other nutrient removal technologies at publicly-owned sewage systems. Grants will be awarded based on financial need of the community as determined by comparing the annual sewer charges to the reasonable sewer costs established for the community. The bills also prescribe a different distribution formula for deposits made to the WQIF from year-end surpluses. Seventy percent will be allocated for control of nonpoint source pollution, with priority given to implementation of agricultural best management practices, while 30% will target PPEA projects utilizing state-of-the-art nutrient removal technology. The bills also direct the relevant legislative committees to develop recommendations for a permanent source of funding that will clean up the Chesapeake Bay and other impaired waters.

• HB 2862 (Bryant) and SB 1275 (Watkins) establish a nutrient exchange or trading program that will allow point source dischargers to achieve and maintain compliance with the waste load cap allocations for nitrogen and phosphorous delivered to the Chesapeake Bay and its tidal tributaries.

• HB 2937 (Dillard) authorizes the Department of Conservation and Recreation (DCR) to issue a special order to a locality that has not taken action, as directed by DCR, to correct administration of its erosion and sediment control program. Non-complying localities are subject to a civil penalty not to exceed $5,000 per day, with the maximum amount not to exceed $20,000 per violation. Any penalties collected are to be deposited into the Stormwater Management Fund.

• SB 1089 (Watkins) strengthens the DEQ's environmental enforcement programs by granting the agency authority to impose civil penalties of up to $32,500 for each violation, not to exceed $100,000 per order, after a hearing before a Supreme Court hearing officer. This bill also increases the maximum civil penalty for violations of the air, waste and water programs from $25,000 to $32,500.

• SB 1139 (Hanger) requires the fair market value of qualified donations under the Virginia Land Conservation Act to be substantiated by an appraisal and stipulates that no donation between January 1, 2005 and July 1, 2006 related to an historic building can qualify for a land preservation credit unless the building is designated as an historic landmark.

• SB 1141 (Hanger) creates the Foundation for Virginia's Natural Resources to encourage and develop nonregulatory conservation programs and to foster collaboration and partnerships concerning environmental enhancement programs. The Foundation will expire if no funds have been received by the start of FY08.
  

Biosolids

• HB 2073 (Hogan) directs the Department of Health (DOH) or DEQ to collect and have tested, sewage sludge samples from a specific site prior to land application, when requested by an individual, who must pay costs of the sampling, testing and analysis.
• HB 2197 (Abbitt) requires, beginning October 10, 2005, that requires 100 days notice to a locality prior to application of sewage sludge. Such notice shall identify the location of the permitted site and the expected sources of the sludge. This requirement can be satisfied by providing a list of all available permitted sites at least 100 days prior to application at any site on the list.
• HB 2198 (Abbitt) requires the DOH to institute a program to train employees of local governments that have adopted a biosolids ordinance to test and monitor land application of sewage sludge.
• HB 2805 (Hogan) requires treatment of sewage sludge prior to delivery at the land application site and prohibits altering the composition of sewage sludge at the site where the sewage sludge is being applied.
  

Finance

back to top

• HB 1922 (D.W. Marshall) provides that a locality or service authority may place a lien on a property for certain sewer fees and charges only after certain procedures are followed, including first obtaining a judgment against the lessee or tenant who contracted for service and then was delinquent in paying for it.
• HB 2151 (Amundson) amends the procurement act related to preference for Virginia goods to state that whenever the lowest bidder resides in another state that allows a resident contractor of that state a percentage preference, a like preference shall be allowed to the lowest responsible Virginia bidder. If the lowest bidder is a resident of another state with an absolute preference, that bid shall not be considered.
• HB 2228 (Rust) authorizes localities to establish a schedule of civil penalties for violations relating to the operation and maintenance of nonconventional sewage disposal systems.
• HB 2372 (R. L. Ware) provides that when determining the maximum BPOL fee that may be charged by a locality, either the last United States census or the most current, final population estimates from the Weldon Cooper Center may be used. Currently, the last census must be used to determine such maximum fee.
• HB 2408 (Phillips) authorizes counties to include solid waste disposal fees on the corresponding real estate tax bills.
• HB 2599 (O. Ware) and SB 1195 (Lambert) exempt from the retail sales and use tax any tangible personal property sold or leased to any county, city or town that is transferred to any public transportation system, retroactive to September 1, 2004.
• HB 2622 (Byron) authorizes localities to develop a method to return surplus real property tax revenues to taxpayers assessed such taxes in any fiscal year in which the locality reports a surplus. Currently, this authority is granted only to Albemarle County.
• HB 2635 (Ebbin) and SB 1087 (Whipple) allow local governing bodies to set the interest rate for deferred real estate tax payments so that it does not exceed the Internal Revenue Code (IRC) rate. Currently, interest is set as the rate established by the IRC.
• HB 2679 (Lingamfelter) makes numerous changes to the appeals process regarding local business and license taxes. This includes that there be no requirement to pay the tax when filing a judicial challenge of a state Tax Commissioner decision on an appeal of a local tax determination, except in the case of a frivolous appeal, substantial economic hardship to the locality or likely flight of the taxpayer. The bill codifies the right of a locality to require payment in cases where collection is doubtful and to withhold a refund, ordered by the state Tax Commissioner, during judicial review of the Commissioner's decision initiated by the locality. The bill also adds consumer utility tax disputes over $2500 (except on wireless telecommunications services) to the list of appealable taxes.
• HB 2770 (Saxman) adds Habitat for Humanity to those organizations to which a locality may make a charitable donation, by specifically designating that Habitat is not to be considered a "sectarian society," to which local governments are prohibited from contributing.
• HB 2880 (Nixon) requires the Auditor of Public Accounts to determine the amount of revenues received by each locality for various taxes collected by communications services providers, including the consumer utility tax, the E-911 tax on landline telephones and the cable franchise fee, and to report those findings by December 1.
• SB 793 (Watkins) states that the imposition of the transient occupancy tax applies only to charges for rooms or spaces occupied by transients and that are intended or suitable for dwelling, sleeping or lodging.
• SB 900 (Norment) increases from $300 to $500 the cap on fees that localities can charge for reviewing an application for the creation of an agricultural or forestal district.
• SB 928 (Puller) authorizes local governments, among others, to make monetary grants to non-governmental entities for the purpose of providing accessible polling places.
• SB 1052 (Wagner) allows governing bodies to impose a penalty for the delinquent remittance of meals, lodging or admissions taxes collected from consumers in excess of the current 10% to a maximum of 25% (after the first month past due).
• SB 1107 (Stosch) revises the Public Private Education Facilities and Infrastructure Act (PPEA), including authorizing establishment of an interim agreement to provide for partial planning and development while other aspects of a project are being negotiated and analyzed.
• SB 1159 (Stolle) amends the Wireless E-911 Service Board's enabling legislation to resolve a potential constitutional debt conflict. The bill also removes the exemptions to E-911 deployment, excludes governments from the surcharge collection and establishes a deadline for late funding requests of July 1 each year.
• Retirement:
  HB 1925 (Tata) provides that a constitutional officer or local social services employee eligible for the retiree health insurance credit, who becomes employed by a locality not providing such credit, shall be eligible for the credit. The Appropriations Act currently provides language consistent with this bill.
• HB 1929 (Tata) requires a local governing body's resolution requesting its eligible employees become Virginia Retirement System (VRS) members be approved only after the VRS Board is assured the locality will extend social security benefits to its employees.
• HB 2765 (Dillard) adds retired registrars and their retired employees with at least 15 years of creditable service to the list of those eligible for a monthly health insurance credit under the VRS.

Human Services

back to top

• HB 1798 (Albo) and SB 1143 (Hanger) provide that no person who is not a U.S. citizen or legally present in the United States is eligible for any state or local public benefits. The bill defines state and local public benefits, and sets forth a series of exceptions to this eligibility rule. It also requires applicants for state or local assistance to provide proof of being in the U.S. legally and establishes a process for temporary receipt of benefits when applicants cannot provide such proof.
• HB 1938 (O'Bannon) authorizes community services boards to receive state and federal funds directly from the Department of Mental Health, Mental Retardation and Substance Abuse Services, when authorized to do so by the governing bodies that established it.
• HB 2245 (Bell) and SB 843 (Deeds) require the Board of Juvenile Justice to develop regulations that ensure mental health, substance abuse or other treatment services are provided for persons returning to the community following commitment to a juvenile correctional center or postdispositional detention.
• HB 2253 (Bell) and SB 1146 (Deeds) add four new objectives to the Statewide Emergency Medical Services Plan, including (i) a process for crisis intervention and peer support services for emergency medical services and public safety personnel; (ii) a statewide emergency medical services for children program; (iii) a statewide system of health and medical emergency response teams; and (iv) a program to improve dispatching of emergency medical services. The office of Emergency Medical Services (EMS) and the EMS Advisory Board currently provide the programs and services suggested.
• HB 2461 (Nixon) and SB 1304 (Martin) direct several state agencies to develop regulations that address services to be provided in groups homes and other residential facilities for children, to include provisions concerning local government-imposed curfews, and that each facility have a community liaison to facilitate cooperative relationships with local government officials and local law enforcement, among others.
• HB 2521 (O'Bannon) states that each locality shall seek to ensure that emergency medical services are maintained throughout the entire locality.
• HB 2523 (O'Bannon) clarifies that localities are authorized to charge insurers for ambulance services provided to a person who is covered by an accident and sickness insurance policy providing coverage for ambulance services

Land Use (Other)

back to top

• HB 1820 (Suit) modifies the provisions associated with a condemnor's entry onto property by (i) expanding the information provided in the initial request for permission to inspect and strengthening delivery requirements; (ii) requiring the notice of intent to enter be posted or delivered in person, in addition to being sent by certified mail; and (iii) providing that if the owner files an action to recover damages caused by entry and is awarded judgment in an amount 30% or more than the condemnor's final written offer, or if the court finds that the condemnor maliciously, willfully or recklessly damaged the owner's property, the court may award the owner reasonable court cost and attorney fees.

  HB 1821 (Suit) modifies the provisions associated with eminent domain acquisitions by providing that if an owner is awarded at trial, as compensation for the taking of or damage to property, an amount that is 30% or more greater than the amount of the petitioner's written offer, the court may award the owner reasonable appraisal and engineering fees, and reasonable fees and travel costs for up to three expert witnesses testifying at trial.

• HB 2031 (Miles) authorizes localities to map inundation zones for areas that may be threatened by a break in a dam, and encourages localities to incorporate this information into their zoning and subdivision ordinances. The DCR is authorized to award grants (local match required) from the existing Flood Prevention and Protection Assistance Fund to assist with mapping such zones.
• HB 2386 (Barlow) eliminates the public hearing requirement for localities that convey certain site development easements across public property, as long as they are consistent with the capital improvement program and involve improving property owned by the locality.
• HB 2407 (Phillips) and SB 1238 (Puller) add provisions regarding the elderly, persons with disabilities, age-restricted housing, nursing homes and assisted living facilities to the guidelines for local comprehensive plans and provides that localities implement these provisions by July 1, 2008.
• SB 301 (O'Brien) provides that if property acquired by eminent domain, after July 1, 2005, is declared surplus within 15 years, the condemnor must offer to sell the property to the former owner at the original sale price plus interest at an annual rate of six percent, with price adjustments made for any improvements to the property.

Local Government

back to top

• HB 1703 (Kilgore) clarifies that local ordinances authorizing persons under 16 to participate in volunteer fire companies apply to any such resident of the state, and provides that localities may authorize such minors to seek firefighter certification. The bill takes effect March 20, 2005.

  HB 1775 (Purkey) provides that when a school or transit bus fleet, vehicle fleet or road construction equipment are sold with the intent to lease back the property, approval by the governing body, after notice and a public hearing, shall be required when the value of the proposed sale exceeds $2 million.

• HB 1843 (Van Yahres) and SB 957 (Deeds) add Charlottesville the list of those localities that may limit activities of former officers and employees for one year after their service has ended.
• HB 1877 (McDougle) amends provisions governing local graffiti ordinances to require that any violation carry a minimum $500 fine when the defacement is (i) more than 20 feet off the ground, (ii) gang-related, or (iii) on an overpass. The bill also provides for cleaning or removal of graffiti by a locality, at its own expense, following notice to the property owner.
• HB 1889 (R. L. Ware) rewrites and clarifies the advertisement requirements for enactment of certain local fees.
• HB 1916 (Cole) removes the caps on compensation ($75) and the number of monthly meetings (one per month) allowed for local governing body-appointed advisory boards, committees and commissions. SB 938 (Chichester) increases the compensation cap to $100 and removes the number of monthly meetings restriction.
• HB 2221 (Rust) allows towns to adopt by reference any animal laws ordinance of the surrounding county, to be applied within its town limits, instead of adopting an ordinance of its own.
• HB 2381 (Hall) removes population and tract size limitations for counties that want to establish a community development authority and gives such authorities powers related to the financing and funding of land acquisition.
• HB 2428 (Cole) requires localities, in their hiring policies and practices, to give additional consideration to veterans who have a service connected disability, assuming such individuals already have the abilities required for the available positions. Current, similar provisions in the Code are optional for localities.
• HB 2450 (Suit) removes the requirement for passing an ordinance when a locality is establishing the order in which payments are applied for combined billing of stormwater charges and other charges.
• HB 2454 (Suit) and SB 1322 (Devolites Davis) transfer the authority of local governments to set the hours of operation for bingo games to the Gaming Commission.
• HB 2477 (E.T. Scott) requires that a proposed change in the valuation method for machinery and tools be published in a local newspaper at least 30 days prior to such change, and that citizens be allowed to submit written comments about the proposal to the commissioner of the revenue during that period.
• HB 2865 (Byron) allows localities to require developers to extend and connect to abutting or adjacent public water or sewer systems and that all buildings constructed on lots resulting from subdivision of a larger tract that abuts or adjoins a public water or sewer system or main shall be connected to that public water or sewer system.
• SB 921 (Blevins) authorizes localities to allow relocation or alteration of lot lines by recordation of a deed, without the requirement for a subdivision plat.
• SB 926 (Blevins) provides that certain public easements may be relocated by recordation of plat or replat signed by the owner of the real property and approved by an authorized local official.
• SB 1220 (Colgan) adds licensed public-use airports to those entities to receive written notice of certain planning and zoning proposals located within 3,000 feet of an airport boundary.
• SB 1313 (Quayle) amends provisions authorizing localities to require motor vehicles actively being restored or repaired to be shielded or screened from view, to also require an additional, inoperable motor vehicle being used for restoration or repair also to be shielded or screened from view.

Public Safety (Other)

back to top

• HB 1514 (Cline) allows local ordinances that create a separate civil action for reasonable expenses incurred by a sheriff's office and volunteer fire department for emergency response to an accident in which a person is convicted of certain traffic infractions or crimes. Current law applies only to the locality itself and volunteer rescue squads. HB 1674 (Cosgrove) includes juvenile defendants in these provisions in incidents involving illegal consumption of alcohol.

  HB 1763 (Dillard) requires the Secretary of Public Safety to coordinate offender transitional and reentry services among state, local, and non-profit agencies, and states the General Assembly's intent that funds used for these purposes be leveraged to the fullest extent possible.

• HB 1911 (Orrock) and SB 890 (Mims) allow sheriffs and their deputies to wear any uniform that identifies them to members of the public, so long as the design and style are approved by and worn in accordance with policies established by the sheriff.
• HB 2632 (Moran) and SB 1164 (Stolle) require, effective January 1, 2006, state and local law-enforcement agencies making a report to the Central Criminal Records Exchange to include a photograph of the individual arrested. The bill also requires such entities to establish written procedures for conducting in-person and photographic lineups.
• HB 2667 (McDonnell) raises the flat fee (from $100 to $250) that may be charged to a person convicted of certain terrorism hoax incidents in order to reimburse the locality for related expenses.
• HB 2683 (Lingamfelter) eliminates the requirement that gun show promoters provide local and state police with a list of vendors and exhibitors prior to a gun show; instead, the promoter must send such list within five days after the show and may do so by email. Promoters still must provide law enforcement with at least 30-days notice of any show.
• HB 2700 (Sickles) provides for workers' compensation coverage to first responders in off-duty capacities during state- or locally-declared emergencies.
• SB 800 (Watkins) requires the Department of Emergency Management to assist state agencies and localities to develop and maintain continuity of operations (COOP) programs.

Transportation (Other)

back to top

• HB 2020 (Welch) requires that use of steel plates in conjunction with highway repairs follow VDOT standards related to plate warnings and markings.

  HB 2596 (May) establishes the Rail Advisory Board and changes the name of the Railway Preservation and Development Fund to the Rail Enhancement Fund, and dedicates a portion of the tax on motor vehicle rentals to this fund.

• HB 2605 (Landes) directs the CTB to consider using transportation enhancement grants for highway rest area and welcome center projects and accommodating anticipated increased tourism in Virginia in 2007.
• SB 746 (Colgan) expands the projects that can be financed through the Virginia Resources Authority to include road design and construction, public parking garages and other public transportation facilities and commuter rail facilities.
• SB 842 (Deeds) provides for input by the Director of the Department of Historic Resources in CTB decisions concerning construction and maintenance of access roads and bikeways to historic sites.
• SB 1223 (Newman) authorizes a maximum speed limit of 60 miles per hour where indicated by lawfully placed signs following a traffic engineering study, on Routes 29 and 460 where they are nonlimited access, multilane, divided highways.

Miscellaneous

back to top

• HB 1567 (Cosgrove) provides that volunteer members of community emergency response teams and medical reserve corps acknowledged as employees by the local governing body in which the principal office of their team or corps is located are employees of that local government for workers' compensation purposes.
• HB 1706 (Kilgore) provides that a court clerk shall provide to the locality, from fees received for copying records, funds to recoup the cost of making copies. The locality shall appropriate funds to support copying costs. The balance of funds collected by the clerk shall be paid to the state.
• HB 1840 (Parrish) provides employment protections to officers of election similar to those enjoyed by jurors, and restricts when such officers who serve more than four hours can be required to return to work on the same day or in the early morning hours the following day.
• HB 1941 (O'Bannon) requires local candidates who raise and spend less than $1,000 in campaign funds and gain an exemption from campaign reporting requirements to file a final financial activity report before taking office.
• HB 1947 (Saxman) creates the Agricultural Enterprise Act of 2005, directing the Department of Agriculture and Consumer Services to establish agricultural enterprise districts upon application by localities with established agricultural or forestal districts, agricultural enterprise districts or purchase of development rights programs. Certain agricultural and farm businesses located in such districts may apply for assistance in developing a new business plan and for grant funding up to $500,00 to implement that plan. The bill is effective January 1, 2007, if funding is provided in the 2006-2008 budget.
• HB 2012 (Armstrong) adds Operation Iraqi Freedom to the list of wars and conflicts for which localities may erect monuments and memorials.
• HB 2085 (Shuler) expands the jurisdiction of conservation officers and allows the DCR to enter mutual aid agreements with localities.
• HB 2158 (Nutter) allows multiple localities to create a wireless service authority.
• HB 2187 (Wardrup) increases from $10 to $25 the fee for issuance of special license plates to various state officials, as well as to sheriffs, county and city treasurers and commissioners of the revenue, attorneys for the Commonwealth, circuit court clerks and general registrars.
• HB 2383 (Barlow) and SB 898 (Norment) codify the current practice of the state paying private attorney fees of electoral board members, registrars and registrar staff to represent such persons who are defendants in a civil matter arising out of the performance of official duties and regardless of whether the civil action requests monetary damages.
• HB 2399 (Phillips) exempts from mandatory disclosure under the Freedom of Information Act (FOIA), subscriber data such as the name, address and telephone number identifying a subscriber of a telecommunications carrier, collected by a local governing body in accordance with E-911 service, and personal, medical or financial information provided to a local governing body in connection with a 911 or E-911 emergency dispatch system or an emergency notification or reverse 911 system.
• HB 2570 (Dudley) and SB 983 (Watkins) establish new processes and procedures for providing grants, rather than tax incentives, related to enterprise zones.
• HB 2615 (Orrock) provides that during the time prior to the governing body's actual call to order or convening of business, expressions by a member of the governing body or the public shall be held consistent with the individual's First Amendment right of freedom of speech.
• HB 2795 (Joannou) restricts when jurors who are summoned and appear for jury duty for more than four hours one day can be required to return to work on the same day or in the early morning hours the following day.
• SB 894 (Howell) requires a local social service department or board to adopt a grievance procedure that is either adopted by the locality or approved by the State Board of Social Services.
• SB 896 (Norment) amends the definition of an "open or common space" to include common areas that are part of a pre-1985 planned residential development and that did not include automatic membership in a membership corporation or association in its declaration. This change will prohibit a locality from assessing real estate taxes against these membership corporations or associations for the common area.
• SB 963 (O'Brien) requires state agencies and localities to achieve consistency with and support the goals of the statewide interoperability strategic plan by July 1, 2015, in order to remain eligible to receive state or federal funding for communication programs.
• SB 987 (Watkins) authorizes the State Corporation Commission to act for the U.S. Secretary of Transportation to conduct safety inspections of municipal gas systems, consistent with federal pipeline safety laws.
• SB 992 (Devolites Davis) establishes the Real Property Recording Act, which authorizes circuit court clerks to accept and record land records electronically.
• SB 1307 (O'Brien) directs the Virginia Tourism Authority to develop a comprehensive plan to promote destinations of historical and other significance located throughout the state, in anticipation of activities celebrating the 400th anniversary of Jamestown.

Studies And Resolutions

back to top

• HJR 640 (Callahan) establishes a joint subcommittee to study options to provide a long-term funding source to clean up the state's polluted waters, including the Chesapeake Bay and its tributaries.

  HJR 643 (Hogan) directs the Joint Legislative Audit and Review Commission (JLARC) to study the land application of biosolids.

• HJR 644 (Abbitt) requests the Department of Taxation to study the use of tax stamps by localities as evidence that wholesalers have paid local cigarette taxes and whether a single stamp could provide evidence that both state and local taxes have been paid.
• HJR 685 (Hall) establishes an 11-member joint subcommittee to study private youth and single-family group homes in the state.
• HJR 707 (Landes) charges the Joint Subcommittee to Study the Appropriate Balance of Power Between the Legislative and Executive Branches with, among other things, reviewing proposals to (i) lengthen the legislative session to 60 days in the odd-numbered years; (ii) shift the budget cycle; (iii) provide for annual state budgets; and (iv) create an independent economic and revenue forecasting commission.
• HJR 713 (Byron) establishes a 15-member joint subcommittee to study the need for greater consolidation or coordination of the workforce development and training resources available in Virginia.
• HJR 768 (Ward) encourages local governments to support spaying and neutering of companion animals.
• SJR 273 (Puller) establishes a 14-member joint subcommittee to study the state's program for prisoner reentry to society.
• SJR 330 (O'Brien) establishes a 10-member joint subcommittee to study regulation of the vehicle towing and recovery industry.
• SJR 336 (Mims) establishes a 13-member joint subcommittee to study circuit court clerks' offices.
• SJR 361 (Wagner) continues the joint subcommittee studying manufacturing needs in the state, including the role state and local governments should play in addressing such needs.
• SJR 367 (Ticer) continues the Board of Forestry's study of incentives to private landowners to hold and preserve their forestland, with a focus on developing a voluntary, statewide forest protection program and examining the impact of local ordinances on the ability of nonindustrial, private landowners to manage their forestlands.
• SJR 372 (Whipple) commemorates the 20th anniversary (in March 2005) of the Virginians with Disabilities Act.
• SJR 376 (Houck) directs the Virginia Housing Commission to study the feasibility of exempting nonprofit organizations that construct housing for low-income persons from zoning provisions that limit how and when property may be subdivided into lots.
• SJR 388 (Mims) notes the Virginia Code Commission's intention during 2005 and 2006 to reorganize and renumber the 1950 Code of Virginia and publish it as the 2007 Code of Virginia.
• SJR 393 (Stolle) continues the Game and Inland Fisheries study of local firearms hunting ordinances, including how ordinances can be made more uniform across the state, with particular attention paid to the development and use of model ordinances that would lead to an easier understanding by the public of hunting laws.