Other Approved Legislation

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

Budget Overview

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After more than five months of wrangling, agreement on a state budget for the 2006-2008 biennium finally was reached in late June. The compromise package was endorsed (nearly unanimously) by lawmakers and ultimately signed by Governor Kaine, with a few amendments, on June 30. Following approval of the budget, the General Assembly remained in an ongoing special session on transportation funding issues.

Here are highlights of the compromise budget for FY07 and FY08:

Transportation

This TJPDC action item urges stable and consistent state revenues for Virginia’s transportation infrastructure without heavy reliance on the general fund or debt. 

The compromise budget used nearly $229 million from automobile insurance premiums to cover previous transportation debt service. It also set aside $339 million in one-time general fund dollars for implementing transportation legislation that may be adopted by November 1. The match for federal projects will come off the top of the state’s Transportation Trust Fund, rather than being funded by general funds as proposed in the introduced budget. This means less funding for the construction system. In late June, the Commonwealth Transportation Board approved a revised six-year improvement plan that reduces local construction funding by 36%. The mass transit state match is lowest in the program’s history at 22%. No additional money was put into revenue sharing, so funding stands at $15 million state/$15 million local match (the law provides for a $50 million program).

Budget language charges the Transportation Commissioner with carrying out the provisions of SB 699 (concerning coordination of state and local transportation planning) and directs him to submit a budget request next year should additional resources be needed for this task. A language amendment directs VDOT to examine establishing a program for the state to supplement local dollars approved through a local transportation referendum ($1 for each $2 generated locally). Language also is included to assert that the state cannot reduce support to a region or locality if they increase local transportation revenues. VDOT also is directed to develop a legislative proposal for next year regarding a comprehensive limited access management program.

Education

The compromise budget increases direct aid education funding by more than $40 million over the introduced version (which contained about a $1.5 billion increase, primarily for the SOQ, over the previous budget). Most of the increases are slated for FY08, when an additional $22 million is set aside for funding the state share of a 1.5% pay hike for SOQ positions. For FY07, the approved plan includes the state share of a 3% salary increase for state funded positions, effective December 1 of this year, with an additional 1% targeted for positions funded through the SOQ.

An additional $20 million is earmarked for the Literary Fund, made possible by reducing the transfer of proceeds used to help pay for teacher retirement costs. This will help reduce the waiting list for school construction loans. The retirement rate is increased from 9.2% to 10.3% in FY08 to reduce the amortization period from 30 to 21 years. The state payment for the at-risk four-year-old program is increased from $5,400 to $5,700/student, the first increase in 10 years. The state saved nearly $34 million by capping inflation above 5%. Budget language provides for the Department of Education convene a state technical workgroup to study K-12 education cost drivers and trends, with a reporting date of September, 2007.

Comprehensive Services Act

The additional $48.4 million for CSA as proposed in the introduced budget is maintained in the compromise plan. Supplemental funding dollars total nearly $64 million and state funds for administrative costs are just over $1.5 million. The budget adds $750,000 over the two years for grants to localities to create community-based alternatives for children served in CSA.

Public Safety

The approved plan includes a $33.8 million increase over the two years for the HB 599 law enforcement program, as proposed in the introduced budget. An additional $3.5 million is included, to be distributed based on levels of violent crime and to be used for activities that respond to or reduce violent crime incidents. Language also directs the Finance and Public Safety secretariats to examine the current HB 599 distribution formula for possible modification.

The compromise package also maintains language that exempts jails where federal capital costs exceed the state’s capital contribution from state-funded personnel cost recovery. Jails without the exemption will see some cost recovery.

The spending plan includes $5 million in general funds to replace federal funds for 14 existing drug courts that had been supported with federal grants. It eliminates the proposed $12 million from the introduced budget to distribute to fire departments for apparatus, training and other needs in FY07, and axes $3.6 million in funding for grants for law enforcement and local and community agencies to reduce gang violence.

Other Budget Items of Interest to Local Governments:

· Provides funding for a 4% salary increase, effective December 1, for state-supported local employees, and for a 3% salary increase in the second year of the budget.

· Eliminates the state tax on estates of Virginia residents who die after July 1, 2007. To help pay for this decline in revenues coming into state coffers, the land preservation tax credit was changed. As approved by the legislature, such credits would be capped at $50 million in calendar year 2007, and at $75 million/year afterwards. Governor Kaine has proposed changes to the corresponding legislation (HB 5019 and SB 5019) that was passed by the General Assembly, to increase the cap to $100 million and to adjust it annually for inflation. Under the bills, the credit value is reduced from 50% of easement value to 40%. Credit amounts registered above the cap in one year would be rolled over to the top of the next year’s list.  At this writing, the legislature had not yet taken up the Kaine-proposed amendments.

· Provides additional funding of $207.6 million in each year to bring car tax reimbursement funding up to the $950 million cap approved in 2004.

· Adds $9.7 million for the state’s plan to fund Compensation Board staffing standards for Commonwealth’s Attorneys (more than 130 attorney and support positions).

· Maintains funding of $200 million contained in the introduced budget for Chesapeake Bay cleanup efforts.

· Provides an additional $3 million to Soil and Water Conservation Districts for conservation specialists in the Bay and southern river watersheds.

· Provides $305,000 for the Office of Farmland Preservation for assisting localities in implementing local purchase of development rights programs.

· Adds $1.3 million (NGF) to the Department of Taxation for staffing and resources to administer the new telecommunications tax law (HB 568), and authorizes a treasury loan for the agency to modify forms, databases and compliance tools.

· Provides $100,000 to study broadband telecommunications services in the central Shenandoah Valley and central Virginia regions, including Planning District 10.

· Adds funding to increase local tourism grants from $250,000 to $425,000 each year.

· Adds $750,000 over the two years to increase the number of meals delivered by agencies on aging by nearly 1,800 meals/week.

· Provides state funding of nearly $1 million for a $28 per month increase in auxiliary grants (the introduced budget proposed a $14/month increase).

· Provides $700,000 over the two years for the Dam Safety, Flood Prevention and Protection Assistance Fund, to provide grants or loans to localities or individuals for dam renovation or repair.

· Provides just over $278,000 for establishing a state dangerous dog registry.

· Provides funding for updating the statewide aerial photography base map used by state and local governments.

· Provides $1 million for expanding community-based programs that divert individuals with mental illness from jails.

· Provides about $350,000 over the two years for development of specialized training and standards for campus police and security officers.

· Provides $15,000 to the Department of Health to administer and manage the biosolids program.

· Increases the reimbursement rate for use of a personal vehicle on state business from the current 32.5 cents/mile to the Internal Revenue Service allowed rate of 44.5 cents/mile.

· Non state agency grant money is provides as follows:  Louisa Co. Historical Society and Friends of Wilderness Battlefield both receive $12,500; the Louisa Town Hall and Art Center receives $50,000; the Rural Health Outreach Program (Nelson) receives $12,500; and the Paramount Theater (Charlottesville) receives $20,000.

· A language amendment requires MHMRSAS and DHCD to report on the extent to which local ordinances accommodate innovative housing initiatives to benefit the mentally ill. Another provision directs MHMRSAS to develop a clear medical screening and assessment process for individuals subject to an emergency or temporary detention order.

· Another language amendment directs the Social Services Commissioner to develop proposed criteria for assessing funding requests for space needs by local departments.

Legislative Priorities

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Following are highlights of significant, approved bills related to several “action items” in the 2006 the TJPD Legislative Program:

First, are bills on transportation and on land use and growth management, as there were numerous bills approved that related to provisions in these legislative positions concerning transportation/land use planning and growth management tools. Specifically, the TJPD “action item” on “Transportation” supports the ongoing state and local efforts to coordinate transportation and land use planning, and state incentives for localities that implement such planning practices. The TJPD” action item” on “Land Use and Growth Management” urges the state to preserve existing local land use authority and to provide local governments with additional tools to manage growth.

HB 1192 (R.G. Marshall) and SB 681 (Colgan) allow localities to contract with certain entities willing to construct a more extensive road improvement by utilizing cash proffers of others (effective April 19).

HB 1435 (Albo) places a hold on additional local regulation of wineries for one year, while the Secretary of Agriculture facilitates discussions by local governments, wineries and other interested parties to examine the economic viability of farm wineries and the relationship between them and their local communities.

HB 1506 (Athey) adds several localities into the group that may enact conditional zoning rules, including cash proffers, by reducing the qualifying growth rate from 10% to 5%.  The bill also allows the local match for transportation revenue sharing projects to come from cash proffers, and removes the requirement that the such proffers be used only on the roads directly related to the project for which the proffers were accepted.

HB 1513 (Frederick) and SB 699 (Houck) link state transportation and local land use planning by requiring comprehensive plans, rezonings and subdivision plats to be submitted to VDOT for review and comment on transportation impacts. Localities still would make decisions on such applications as they do now. VDOT will develop regulations for when such a traffic impact analysis will be required. These measures take effect July 1, 2007.

HB 1521 (R.G. Marshall) requires the comprehensive plan to include a map with estimated costs of planned road and transportation improvements; it also requires evaluation of road and transportation facilities, including cost estimates, in development of the comprehensive plan.

HB 1528 (Hamilton) requires capital improvement plans that localities adopt to include road and transportation improvements the locality chooses to include in its CIP and that are part of the comprehensive plan.

SB 373 (Watkins) authorizes localities to adopt a transfer of development rights ordinance, designating sending areas where the development rights may be taken and receiving areas where the development rights may be sent. The changes in density on the both the receiving and sending parcels are permanent.

SB 374 (Watkins) requires clustering provisions to be put in any local zoning ordinance if the locality has a growth rate of 10% between the last two censuses and has less than 2,000 people/square mile. The ordinance must apply to at least 40% of the unimproved land in residential and agricultural zones. Localities with clustering provisions enacted prior to June 2004, may maintain those ordinances. The bill takes effect July 1, 2007.

Second, the TJPD “action item” on “Local Revenue Authority” urges the State to not reduce local government revenues or restrict local taxing authority. 

HB 568 (Nixon) revises the taxation of communications services as follows:

1) local consumer utility taxes, 2) business license taxes on telecommunications companies (over .5 percent of gross receipts), cable franchise fees and local E-911 fees are replaced with 1) a statewide 75 cents/month E-911 fee and 2) a 5% sales and use tax on all voice, video and audio communications. The new taxes and fees will be collected by the companies and paid monthly to the State, where they will be held in a separate trust fund and distributed monthly to localities, without going through the state appropriation process. Each locality’s distribution percentage will be the same as its percentage of the FY 2006 state total of the taxes and fees being eliminated. The Auditor of Public Accounts will compile figures on which the distribution will be based from the FY 2006 annual reports submitted by local auditors. This measure takes effect January 1, 2007.

*HB 1290 (Saxman) and *SB 260 (Wagner) expand the definition of “idle machinery and tools” to include machinery and tools that have not been used for at least three continuous months immediately prior to the date they are returnable for taxation, provided that there is no reasonable prospect that they will return to active use within one year after such date. Thus, this makes such equipment nontaxable, intangible property. It also requires the Department of Taxation to convene a working group of stakeholders to examine various issues concerning assessment and classification of machinery and tools.

                In the section that follows, you will find highlights of other approved legislation in the areas of transportation and land use, as well as the environment, finance, human services, local government and public safety. Approved studies and resolutions also are highlighted.

Establishes the Commission on the Revision of Virginia's State Tax Code and the Streamlined Sales Tax Project Agreement. The Commission shall (i) examine the allocation of state and local government services and responsibilities; (ii) conduct a comprehensive review of the revenue impact of all tax preferences, including subtractions, deductions, credits, and exemptions; (iii) evaluate the tax rates for all major state taxes to determine their sufficiency and appropriateness in the modern economy; and (iv) consider the appropriateness of adopting the policies in the Streamlined Sales Tax Project Agreement and identify and evaluate changes that may be needed in state laws to facilitate state compliance with the agreement, should the General Assembly decide to adopt such policies. Study to be completed by 11/30/03, executive summary to be submitted no later than the first day of the 2004 session. Establishes the Commission on the Revision of Virginia's State Tax Code and the Streamlined Sales Tax Project Agreement. The Commission shall (i) examine the allocation of state and local government services and responsibilities; (ii) conduct a comprehensive review of the revenue impact of all tax preferences, including subtractions, deductions, credits, and exemptions; (iii) evaluate the tax rates for all major state taxes to determine their sufficiency and appropriateness in the modern economy; and (iv) consider the appropriateness of adopting the policies in the Streamlined Sales Tax Project Agreement and identify and evaluate changes that may be needed in state laws to facilitate state compliance with the agreement, should the General Assembly decide to adopt such policies. Study to be completed by 11/30/03, executive summary to be submitted no later than the first day of the 2004 session.

Establishes the Commission on the Revision of Virginia's State Tax Code and the Streamlined Sales Tax Project Agreement. The Commission shall (i) examine the allocation of state and local government services and responsibilities; (ii) conduct a comprehensive review of the revenue impact of all tax preferences, including subtractions, deductions, credits, and exemptions; (iii) evaluate the tax rates for all major state taxes to determine their sufficiency and appropriateness in the modern economy; and (iv) consider the appropriateness of adopting the policies in the Streamlined Sales Tax Project Agreement and identify and evaluate changes that may be needed in state laws to facilitate state compliance with the agreement, should the General Assembly decide to adopt such policies. Study to be completed by 11/30/03, executive summary to be submitted no later than the first day of the 2004 session.

Other Approved Legislation

Environment (Other)

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HB 93 (Suit) and SB 224 (Quayle) allow localities to include in their subdivision or zoning ordinances provisions for requiring Phase I environmental site assessments based on the anticipated use of the property proposed for the subdivision or development and Phase II environmental site assessments, if the locality deems such to be necessary, based on findings in the Phase I assessment. 

HB 421 (Bulova) requires an application for a new or modified solid waste management facility permit to include local governing body certification that the proposed new or expanded facility is consistent with the approved local or regional solid waste management plan; or that the process to revise the solid waste management plan to include the new or expanded facility has been initiated.

HB 448 (R.L. Ware) changes the formula for allocating litter control and recycling grants, to increase the percentage awarded to localities from the current 75% to 90%. The 20% of grants currently allocated to statewide and regional litter prevention recycling educational programs will be reduced to 5% and will be awarded to localities and nonprofits for litter prevention and recycling.

HB 554 (Saxman) requires the Department of Environmental Quality (DEQ) to develop policies and procedures to allow burning of vegetative waste at landfills that have stopped accepting waste, but are not yet released from post closure care requirements.

HB 596 (Sherwood) and SB 624 (Bell) reconstitute the current Flood Prevention and Protection Assistance Fund into the new Dam Safety, Flood Prevention and Protection Assistance Fund, to be used to make loans and grants to local governments to finance projects to prevent, reduce or mitigate damages caused by flooding, to upgrade dams and to fund flood prevention studies.

HB 647 (E.T. Scott) and SB 57 (Reynolds) establish a new system for credits that can be used to meet a solid waste planning unit's recycling rate, to include credits for source reduction programs, for solid waste material that is reused and for any non-municipal solid waste material that is recycled. The current requirement that a planning unit maintain a minimum 25% recycling rate would be reduced to 15% for planning units with fewer than 100 persons per square mile or those with high unemployment rates. The bill also stipulates that failure to meet the mandated recycling rate cannot be the sole reason for denying a permit for a new landfill, incinerator or waste-to energy facility.

HB 684 (Rust) provides definitions of terms in the Erosion and Sediment Control and Stormwater Management Acts that clarify what are acceptable flow rates from storm runoff at sites where land development projects are occurring.

HB 1134 (Cline) requires Board of Health regulations establishing fees on sewage sludge permit holders and applicants, with collected monies to be deposited into the Sludge Management Fund for the administration and management of the Department of Health's sewage sludge program.

HB 1150 (Lingamfelter) requires the Secretary of Natural Resources to develop a plan for cleaning up the Chesapeake Bay and other impaired Virginia waters, to include strategies and timeframes for meeting the plan's objectives and an analysis of alternative funding mechanisms. The Secretary is to submit the plan by January 1, 2007.

*HB 1185 (Landes) provides that no water protection permit may be required for any water withdrawal from a privately owned pond, emergency water storage facility or other retention facility located outside the path of regularly flowing surface water. In addition, riparian landowners are authorized to withdraw reasonable water for use on those lands for an agricultural operation, if such withdrawals do not adversely impact other off-stream beneficial uses, and fish and wildlife habitat.

SB 409 (Hanger) clarifies the authority of the Virginia Land Conservation Foundation to award grant moneys from the Land Conservation Fund for purchase of development rights programs.

SB 415 (Hanger) extends the period in which prescribed burns of woods, brush, leaves or other material can occur from February 15 to April 30, rather than ending on the current March 1.

SB 419 (Hanger) directs agencies that prepare farmland and forestland preservation plans to submit those plans to, in addition to the Secretary of Natural Resources, the Secretary of Agriculture and Forestry, rather than the Secretary of Commerce and Trade.

SB 644 (Watkins) allows new or expanding public water treatment plants not defined as significant dischargers, but subject to the State Water Control Board's new nutrient control requirements, to apply for matching grant moneys from the Water Quality Improvement Fund. 

Finance

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HB 491 (Frederick) and SB 731 (Herring) require localities to provide additional information to property owners on each notice of change of their real estate assessment.

HB 532 (Parrish) and SB 571 (McDougal) create a three-day “sales tax holiday” in early August each year for certain school supplies and clothing/footwear items.

HB 670 (Wardrup) requires the Department of Motor Vehicles (DMV) to develop and implement standardized procedures and fees in connection with DMV’s local vehicle registration program, whereby the Commissioner, when so requested by a locality, will refuse to issue or renew any vehicle registration of persons who owe the locality vehicle license fees, property taxes or parking fines. This bill takes effect January 1, 2007.

HB 779 (Abbitt) increases the maximum amount of transient occupancy (lodging) tax that Nelson County may charge for the rental of condominiums, apartments and townhouses from 2% to 5%, and requires any additional revenue to be spent on tourism.

HB 869 (Byron) and SB 522 (Newman) authorize localities imposing a business license tax or fee to adopt a license application due date that is on or after March 1, but no later than May 1. Under current law, all localities are required to have a March 1 due date.

HB 896 (Gear) and SB 85 (Watkins) eliminate the retail sales and use tax and local meals tax imposed on mandatory or automatic gratuities and service charges that are added to the price of a meal.

HB 948 (Morgan) clarifies that localities are eligible for reimbursement from the DMV for removal of inoperable abandoned motor vehicles left on public or private property.

HB 1173 (Rapp) stipulates that localities must consider the impact of rent, operating expenses and certain title restrictions when assessing property containing more than four residential units operated in whole or part as affordable housing.

HB 1231 (Welch) allows localities to grant deferrals for the full amount by which a taxpayer’s real estate tax levy exceeds the locally designated percentage. This bill may have a negative fiscal impact on localities that choose to change the method by which deferred real estate taxes are calculated.

HB 1283 (Johnson) provides that that no local tax penalty for failure to pay a tax may exceed the amount of the tax that is assessed.

SB 86 (Watkins) limits the imposition of the transient occupancy tax imposed by cities and towns to charges for spaces occupied by transients that are intended or suitable for dwelling, sleeping, or lodging.

SB 186 (Martin) authorizes counties not to impose rollback taxes when real estate subject to use valuation is split, pursuant to the locality's subdivision ordinance, into parcels that do not meet the minimum acreage requirements for land use taxation, if an immediate family member holds title to the parcels for the first five years following the division.

SB 203 (Blevins) authorizes the Virginia Public School Authority to implement a pass-through of refunding savings to a locality without requiring any further local legislative action on the part of the locality.

SB 597 (Watkins) would limit the amount of local BPOL taxes paid by gas retailers in the license year after any year in which regular grade gasoline prices increase by 20% or more in any one-week period and do not fall below the increased rate for at least 28 consecutive days.

Retirement:

HB 37 (Tata) adds fulltime, salaried emergency medical technicians to the list of employees for whom localities may provide retirement benefits equivalent to those provided to State Police officers.

HB 473 (Ingram) deletes the requirement that the Virginia Retirement System (VRS) determine if local retirement plans provide retirement allowances that equal or exceed two thirds of the allowance which VRS retirees are allowed.

SB 115 (Stosch) authorizes localities providing supplemental benefits to employees covered by the VRS to establish benefit restoration plans.

Human Services

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HB 56 (Fralin) requires local social services employees who determine eligibility for public assistance to report suspected incidents of child abuse or neglect. The Department of Social Services is required to provide training to implement these provisions, which take effect on January 1, 2007.

HB 577 (Nixon) makes various changes concerning regulatory requirements for the licensure of, placements in, and reimbursement of certain residential facilities for children. The bill also clarifies that prior to placing a child across jurisdictional lines, family assessment and planning teams explore all appropriate community services for the child, and that community policy and management teams report on the gaps in services and barrier to keeping children in the local community.

HB 774 (Nixon) allows joint agreements between community services boards or behavioral health authorities in order to meet service needs or promote effectiveness.

Land Use (Other)

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HB 78 (Suit) provides that if a building is damaged or destroyed by natural disaster, a local zoning ordinance may require that such building be repaired, rebuilt or replaced to eliminate or reduce the nonconforming features, without obtaining a variance.  If it cannot be repaired, rebuilt or replaced, except to restore it to its original nonconforming condition, the owner shall have that right. Rebuilding must take place within two years.

HB 308 (Rust) increases the maximum civil penalty for an initial summons for violation of the local zoning ordinance from $100 to $200, and the maximum penalty for second and subsequent violations from $250 to $500.

HB 336 (Orrock) prohibits local zoning ordinances from requiring a special permit for erection of a tent on private property for three days or less for private or family-related events.

HB 521 (Oder) requires that plans and specifications, submitted by certified landscape architects, shall be accepted for review by local and state authorities in connection with public and private projects.

HB 686 (Brink) clarifies that when a lot is being developed, either in a subdivision or on a street, and the surrounding lots have sidewalks, the locality may require the developer to build the sidewalk in front of his property. 

HB 916 (Oder) provides that golf courses are included in the category of open-space land for purposes of special assessments for real estate tax purposes.

HB 918 (Oder) provides that the property upon which a property owner has been granted a variance shall be treated as conforming, but the use or the structure permitted by the variance may not be expanded.

HB 1073 (Dudley) broadens the authority of a locality to accept amended proffers once the public hearing has begun if the amended proffers do not materially affect the overall proposal.

HB 1144 (Orrock) allows a locality to include in its subdivision ordinance, provisions permitting a single division of a lot or parcel for the purpose of sale or gift to a member of the property owner’s immediate family.

HB 1372 (Hull) provides an exception to the disclosure requirements in land use proceedings where a board of supervisors is the applicant and the application property involves more than 10 parcels under different ownership.

HB 1375 (Hull) provides that in cases where preliminary plats are required to be forwarded to a state agency for review, that the locality do so within 10 business days of receipt by the locality.

HB 1537 (Saxman) provides that any sport shooting range, which upon condemnation relocates to another site in the same locality, shall not be subject to any noise control standard more stringent than that in effect when the range originally was approved for construction or began operating, whichever was earlier.

Local Government

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HB 73 (Orrock) and SB 25 (Houck) allow a city council to appoint one of its members to the local social services board for that city.

HB 147 (Cole) provides that a locality creating a service district may contribute local funds to pay for various governmental services.

HB 456 (Rust) adds requirements to the procedures localities must follow before displacing private companies providing garbage, trash or refuse collection services.

HB 458 (Rust) allows public entities to procure certain professional services, even if it did not participate in the request for proposal or invitation to bid, using contracts held by other public bodies.

HB 476 (Purkey) requires that severance benefits provided to any departing state agency head or local governing body-appointed official be publicly announced prior to such departure.

HB 518 (Armstrong) allows localities to establish, by local ordinance, a local tourism zone with tax incentives and regulatory flexibility.

HB 665 (Wardrup) and SB 87 (Watkins) establish a statewide standard, including inside city limits, for controlling vegetation blocking motorist’s view of outdoor advertising, while allowing local beautification projects to stipulate relocation or replanting of vegetation according to an approved landscaping plan. The bill also establishes an appeals process for outdoor advertisers or municipalities when disagreements over permit conditions arise.

HB 671 (Wardrup) allows localities to award contracts for the construction of transportation projects on a design-build basis.

*HB 771 (Armstrong) requires localities to hold a public hearing prior to adopting an ordinance or resolution initiating a condemnation.

HB 781 (Albo) provides that every local government employee has the right to express opinions to state or local elected officials on matters of public concern  and that no employee may be retaliated against for lodging a complaint that is a matter of public concern. This basically is the same as the constitutional right of free speech that employees have today.

HB 998 (Toscano) and SB 202 (Deeds) grant new authority to the City of Charlottesville for the purpose of providing housing for low-or moderate-income persons.

HB 999 (Toscano) authorizes Albemarle County to utilize an administrative hearing officer in lieu of a three-person panel in grievance proceedings.

HB 1021 (Hurt) states that decisions of a Board of Zoning Appeals on appeal from a zoning administrator's decision have a presumption of correctness only to the facts of the case, but not to the law (this is in line with the appeals process from lower courts).

HB 1027 (Hurt) authorizes a locality to provide that a person convicted of violating a DUI or other traffic statute shall be liable for restitution, at the time of sentencing, to the locality or responding agency for reasonable expenses incurred when providing emergency response to any incident related to such violation. Currently, a separate civil action for such expenses incurred must be pursued.

HB 1171 (Rapp) allows a local governing body to remove any member of an industrial development authority, a planning commission or a wetlands board who misses three meetings in a row or four meetings in any 12-month period.

HB 1284 (Johnson) clarifies local authority to eliminate the local vehicle decal.

HB 1326 (O. Ware) provides that localities may act to prevent unauthorized access to certain buildings if the structure is deemed to pose a significant public safety threat.

HB 1390 (Hogan) prohibits local ordinances from requiring a minor who achieved state firefighter certification prior to January 1, 2006, and between the ages of 15 and 16, to repeat the certification after turning 16 years of age.

SB 46 (Locke) authorizes localities to designate housing rehabilitation zones for the establishment of incentives to rehabilitate housing stock in the zone and to perform general improvement of the neighborhood. It also authorizes the locality to establish a special service district to expand or improve the public infrastructure in the zone.

SB 257 (Wagner) exempts local government recreational programs, staffed by local employees and attended by school-age children, from licensure. Such programs shall be subject to safety and supervisory standards established by the local governments.

SB 302 (Williams) requires a locality, prior to authorizing the sheriff, an attorney or private collection agent to assist with collecting delinquent taxes to first attempt to send written notification of the delinquency to the taxpayer at the address contained in the locality’s tax records or another address, if the locality believes such address may have changed.

SB 548 (Reynolds) clarifies that members of a regional industrial facilities authority board may be appointed for as many terms as the local governing body desires.

Public Safety (Other)

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HB 255 (Cosgrove) requires the Secretary of Public Safety to develop training guidelines on the Line of Duty Act, and requires state agencies and localities to provide training about the Act to its eligible law-enforcement and public safety officers.

HB 366 (Carrico) and SB 712 (Marsh) revise various sections of the Code to provide for the regulation of "motorized skateboards and scooters" and differentiates these vehicles from motorcycles and mopeds. The bills also revise the definitions of "electric power-assisted bicycle," "moped," and "motorcycle," and define "motorized skateboard or scooter" and "motor-driven cycle" and limit where such skateboards, scooters and cycles lawfully may be operated.

*HB 370 (Carrico) amends existing provisions related to regulation of carrying loaded firearms along public highways by stating that the provisions apply only to hunting. 

*HB 1047 (Reid) allows law enforcement to use wireless telecommunications devices to enforce traffic light signals.

HB 1170 (Rapp) requires localities to maintain an agency of emergency management and appoint a coordinator of emergency management.

*HB 1312 (Gilbert) eliminates the requirement that law-enforcement officers permit motorists to observe the reading on laser speed determination devices.

HB 1356 (Bell) allows all sheriffs, including those without primary law-enforcement authority, to enter into mutual aid agreements.

HB 1577 (Cline) makes various changes to the Code concerning concealed handgun permits, including prohibiting localities from requiring an applicant for such a permit to submit fingerprints as part of the renewal of an existing permit.

SB 395 (Stolle) expands the jurisdiction of the Wireless E-911 Services Board to include voice-over-Internet service and future communications technologies. It also revises the formula for distributing money in the Wireless E-911 fund so that 60% is provided automatically to the public safety answering points (PSAPs) based on current funding levels, with the remaining 40% provided for needs-based grants for PSAPs and wireless carriers.

SB 457 (Devolites Davis) provides that funds collected from the $5 assessment in criminal and traffic cases shall only be used to fund courthouse security personnel and equipment used in connection with courthouse security.

Transportation (Other)

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HB 143 (Cole) requires the Commonwealth Transportation Board  (CTB) to receive resolutions from affected local governing bodies supporting a highway, bridge or interchange name before naming such facilities, and requires that costs of signs indicating facility names be paid by the locality where they are located. HB 672 (Wardrup) is a similar bill that addresses only highways and bridges.

HB 206 (Cox) provides that service districts may accumulate and set aside tax revenue collected for road construction for periods of time necessary to finance such construction.

HB 226 (D.C. Jones) and SB 663 (Miller) require the CTB to establish goals for addressing the transportation needs of persons with limited mobility and to incorporate such goals in the Statewide Transportation Plan.

HB 809 (Fralin) grants counties carrying out road construction projects the same power to enter property to survey such projects granted the Transportation Commissioner.

HB 821 (May) allows roads with average daily traffic volumes of no more than 1,000 vehicles (rather than the current 500) to qualify for the Rural Rustic Road program.

HB 823 (May) authorizes maximum speed limit signs to be placed in certain residence districts in towns without the approval of the county in which the town is located.

HB 824 (May) authorizes any town to request and pay for the installation of "children at play" signs by VDOT, without the approval of the county in which the town is located.

HB 877 (Frederick) and SB 196 (Williams) allow the CTB to enter into written agreements with localities for local employees to build and maintain state roadways, provided that the cost of the work is estimated to be between $300,000 and $650,000 and that fewer than two bids from private entities to build or maintain such roads have been received.

HB 977 (Abbitt) creates a Shortline Railway Preservation and Development Fund to foster retention, maintenance and improvement of shortline railways and development of railway transportation support facilities essential to the State’s continued economic growth, vitality and competitiveness.

HB 1192 (R.G. Marshall) and SB 681 (Colgan) allow localities to contract with certain entities willing to construct a more extensive road improvement by utilizing cash proffers of others. These measures took effect April 19.

HB 1543 (Fralin) prohibits the State from lessening funds to any county for use under the Rural Addition Program because of a county ordinance authorizing the use of private roads or subdivision streets not built to state standards.

*HB 1581 (Cline) directs the Secretary of Transportation to develop a plan that defines conditions needed for diverting through-truck freight traffic to rail along I-81.

*SB 193 (Williams) allows the CTB to allocate up to 10% of funds available for highway construction for rail projects that, in its determination, will mitigate highway congestion.

*SB 412 (Houck) provides more specific functions and goals for the Intermodal Office in the Office of the Secretary of Transportation, including to work with and review plans of regional transportation agencies and authorities to promote intermodal and multimodal solutions.

SB 720 (Wagner) provides that when any state highway is expanded by construction or reconstruction, the Transportation Commissioner may enter into agreements with localities, authorities and transportation districts to establish highway user fees for highways that such entities maintain. The bill also allows any locality to establish highway user fees for highways that are not part of the state system when such highway’s capacity is expanded by construction or reconstruction.

Miscellaneous

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HB 33 (Tata) requires that employees returning from military leave be paid for any portion of the federally mandated eight-hour, post-return rest period that overlaps a scheduled workday.

HB 122 (R.G. Marshall) and SB 662 (Miller) include small and women business enterprises in the certification program administered by the Department of Minority Business Enterprise and prohibits localities from requiring any such certified business to obtain additional certification to participate in business enterprise programs. 

HB 132 (Cosgrove) removes the option of a landowner to choose commissioners to hear an eminent domain case, allowing only jurors or the court to hear such cases.

HB 203 (R.G. Marshall) prohibits state agencies and localities from denying use of their facilities to the Boy Scouts of America and the Girl Scouts of the USA.

HB 207 (Cox) requires the Department of Corrections to notify the affected locality and adjacent landowners before acquiring, constructing or leasing a community-based correctional facility, and to hold a public hearing if so requested by the locality.

HB 209 (Cox) updates the Public Records Act to include provisions relating to the management and archiving of electronic records. It creates new definitions for various terms, amends the powers and duties of the Library Board and requires custodians of records to convert and migrate electronic data to maintain access to these records.

HB 241 (Suit) eliminates provisions that allowed a former owner of property, acquired through eminent domain and declared surplus within 15 years, to waive the right to the offer of repurchase. The bill further states that such right cannot be waived.

HB 339 (Orrock) requires veterinarians to forward vaccination information for dogs to the local treasurer, who shall bill the owners of unlicensed dogs for a pet license. The bill, which takes effect January 1, 2007, also stipulates that the duration of a dog or cat license may run concurrent with the effective period of the rabies vaccination. Finally, the bill requests affected statewide organizations to develop and distribute to their members by October 1, application forms and materials for implementing the provisions of this act.

HB 340 (Orrock), HB 1039 (Melvin) and SB 200 (Houck) amend various statutes to provide that owners of dangerous dogs are criminally responsible when negligence in the care of their dog results in serious injury or death. The bills allow local governments to pass an ordinance that parallels these provisions, but may not impose a felony penalty for any violation of that ordinance. They also create a dangerous dog registry and declare that a dog found to be dangerous or vicious shall be considered so throughout the state.

HB 382 (Suit) prohibits public libraries, for hirings after July 1, from employing librarians who do not meet the qualifications established by the State Library Board.

HB 400 (Wittman) provides that Governor's Development Opportunity Fund money can be used for public and private installation, extension or capacity development of high-speed or broadband internet access. It also requires a state review and evaluation of existing industrial sites and infrastructure that will provide broadband or highspeed internet access to rural and underserved areas of the State.

HB 552 (Saxman) allows a town to enter into a regional water supply plan with an adjacent county. 

HB 631 (Phillips) requires that the parties in a condemnation proceeding attend a dispute resolution orientation session.

HB 699 (Suit) makes various changes to the Housing Authorities Law, including adding definitions of "blighted area," "blighted property," "conservation area," "redevelopment area," and "spot blight abatement plan."

HB 1006 (Hurt) requires the DMV to make a record of each instance in which the title to a modular or mobile home or similar vehicle is surrendered because it has been placed on a foundation and has ceased to be a vehicle required to be titled, and requires DMV to share this data with local governments.

HB 1198 (R.G. Marshall) eliminates jurisdiction of the State Corporation Commission (SCC) to regulate voice-over-Internet protocol (VoIP) service, as the Federal Communications Commission has determined that state regulatory commissions are preempted from regulating VoIP services. The bill also allows localities to impose a monthly tax not exceeding three dollars on VoIP consumers.

HB 1282 (Johnson) and SB 13 (Reynolds) change the term "industrial" sites to "economic development" sites to include nonmanufacturing as well as manufacturing developments.

HB 1307 (Byron) and SB 394 (Ruff) provide that the governor, or his designee, shall serve as the state’s chief Workforce Development Officer and direct development of a statewide strategic plan addressing the need for reforms in workforce policy and identifying and implementing strategies to optimize the role of the Virginia Community College System in workforce development.

HB 1404 (Griffith) and SB 706 (Stolle) establish a new procedure for cable operators to obtain authorization to operate cable systems in localities. The new procedures allow localities to grant ordinance cable franchises as an alternative to negotiated cable franchises.

SB 262 (Wagner) establishes a comprehensive energy plan for the State.

SB 357 and SJR 87 (Edwards) provide for a November referendum on whether the General Assembly should be authorized to enact legislation that will permit localities to provide a partial exemption from property taxes for real estate and associated new structures. SB 358 (Edwards) is the accompanying legislation.

HB 448 (Devolites Davis) reenacts the Uniform Real Property Electronic Recording Act (passed in 2005 with the requirement it be reenacted in 2006), which authorizes circuit court clerks to record land transaction records electronically and to convert paper records into electronic records.

SB 461 (Devolites Davis) requires that records authorized to be destroyed or discarded under the Virginia Public Records Act, be destroyed or discarded in a timely manner in accordance with the Act’s provisions.

SB 498 (Puckett) authorizes the Virginia Fire Services Board to exceed statutorily-set minimum allocations to localities for improving volunteer and career fire services.

SB 666 (Saslaw) provides that public-private transportation projects are to be treated like public projects for the purpose of most taxation and land-use matters. 

SB 688 (Wampler) establishes a procedure for the SCC to determine matters related to the construction and operation of municipal water, sewer and telecommunications lines and conduits that cross railroads.

* Bills with gubernatorial amendments rejected; awaiting final action by the governor.

Studies And Resolutions

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HJR 60 (Nixon) and SJR 96 (Hanger) direct the Joint Legislative Audit and Review Commission (JLARC) to study the Comprehensive Services Act (CSA), including caseload projection, program costs and current practices of negotiating contracts with residential service providers.

HJR 100 (May) directs JLARC to study SCC criteria and policies for evaluating the feasibility of undergrounding transmission lines.

HJR 116 (Kilgore) directs the State Crime Commission to study the need for regulating, training and funding animal control officers.

HJR 124 (Orrock) requests VACo and VML to encourage their memberships to adopt a nuisance animal ordinance.

HJR 133 (Lewis) and SJR 94 (Hanger) establish a joint subcommittee to study long-term funding for the purchase of development rights to preserve open-space land and farmlands.

HJR 136 (Moran) directs the State Crime Commission to conduct a two-year study of Virginia's juvenile justice system.

SJR 4 (Reynolds) directs the Joint Commission on Health Care to study the derivative effects of increases in health care costs on health insurance premiums.

SJR 51 (O’Brien) directs the Auditor of Public Accounts to study the adequacy of the security of state government databases and data communications from unauthorized uses.

SJR 60 (Williams) establishes a two-year joint subcommittee to study the role of the State and its agencies in meeting Virginia's future transportation needs.

SJR 82 (Houck) directs JLARC to study small community water systems with regard to both water quality and rates charged.

SJR 126 (Puller) continues for one year the joint subcommittee studying the state’s program for prisoner reentry to society.

SJR 170 (Houck) designates March 16, 2006, and each succeeding year, as Freedom of Information Day in Virginia.

SJR 185 (Norment) directs JLARC to study the use and financing of licensed inpatient psychiatric facilities in the State, including the manner in which community services boards contract with such facilities.

SR 19 (Hanger) requests VDOT to address urgently needed improvements to the I-81 corridor.