Legislative Newsletter - March 10, 2006

Number 7

BUDGET ISSUES

The House and Senate budget conferees did not meet their midnight Tuesday deadline to reach a compromise 2006-2008 state spending plan. While agreements probably have been reached on some parts of the budget, the two sides are far apart on transportation funding, with both “dug in” with their respective positions. At this writing, no decision had been made as to if the session would be extended, if the legislature would recess for an unspecified period of time, or if the session would adjourn tomorrow as scheduled and then reconvene sometime later in special session. Floor Leader Thomas Norment announced to the Senate this afternoon that the House had suggested that lawmakers try to complete their work in a special session to be held following the annual reconvened session that is slated for April 19. He called it a “foregone conclusion” that the legislature will go into overtime and have a special session.

Recall that the House version of the budget adds $566 million to the introduced spending plan over the next biennium, mostly with the infusion of an additional $406 million for transportation, while proposing to reduce funding contained in that plan in public and higher education, public safety, health and human services and natural resources. The Senate plan proposes to amend the introduced budget by adding about $79 million, though it also reduces funding in the health and human services area. Both plans reduce capital outlay funding as well.

SB 393 was left in the House Appropriations Committee. This is the bill that would extend Law Enforcement Officers (LEOs) retirement benefits to deputy sheriffs where coverage is not currently extended by the locality, and increase the retirement multiplier from 1.7% to 2.2% of average final compensation to determine retirement benefits for sheriffs. At one point on the Senate floor, the provisions of that bill were tacked on to another retirement bill dealing with emergency medical technicians. Those provisions were later withdrawn.

The House approved SB 262, which establishes a statewide energy policy. The bill was amended in committee to restore local land use authority over siting nuclear power plants, liquefied natural gas storage facilities, wind farms and solar energy facilities. The Senate then accepted the House amendments.

The House has referred SB 215 back to the Appropriations Committee, essentially defeating it for the year. The bill proposed to establish a TransDominion Express Authority, whose role was envisioined to identify needed railroad construction, improvements or repairs within the TransDominion Express corridor. A similar measure was approved several years ago, but did not take effect because the bill was not reenacted the following year as required by the legislation.

Both chambers have approved HB 1290, which adds a definition of “idle” machinery and tools as that which has been idle for 3 months with a reasonable prospect of it remaining that way for the next year. Localities would be unable to tax this idle equipment. The same language was added to SB 260, so both bills are now headed to the governor.

The House Appropriations Committee has carried over SB 272 for the year. The bill directed the State Board of Elections to design a pilot program to test electronic voting equipment and voter-verified records of votes and to provide for audits of voting equipment.

The House once again has shot down legislation to revive traffic light photo monitoring. A Senate amendment to HB 181 to allow all localities to use red-light enforcement technology was ruled not germane by the House Speaker, and thus died on the House floor.

The House and Senate have both approved the opposite chamber’s bill to revise various laws concerning mopeds and related vehicles. The bills are the product of work done last fall by a special subcommittee of the House Transportation Committee, with considerable input from the City of Charlottesville.  SB 712 has been approved, while HB 366 is in a conference committee in order to conform the bill to the approved Senate version.

Both chambers have handily approved HB 568, which revises the taxation of communications services by applying a statewide, 5% sales tax to retail communication and video services, while eliminating several current levies.  A "911 Tax" of 75 cents would apply to each local landline and each wireless number. The measure, which would take effect next January, awaits approval by the governor.

Several bills that tighten up the state’s “dog laws” have been approved.  The bills provide a revised framework for local dangerous and vicious dog ordinances and stiffer penalties for the owner of a dog that seriously injures someone.

SB 374 the clustering bill, was amended by the House to include provisions that would exempt additional localities from the bill’s requirements to establish a clustering ordinance. Those amendments were rejected by the Senate and the bill is in a conference committee. The original thrust of the bill is to require clustering provisions in local zoning/subdivision ordinances in localities that experienced 10% population growth between 1990 and 2000 (the cluster ordinance must apply to at least 40% of unimproved land zoned residential or agricultural).

SJR 60 is in a conference committee. This resolution would establish a joint subcommittee to study the state’s role in meeting Virginia's future transportation needs, to include redefining the role of the state, regional entities and local governments in the devolution of a unified state road system.

An agreement on the fate of tax credits for land preservation has yet to be reached. The House wants to remove the $100,000 annual credit limit for qualified donations of conservation easements, while Senate-endorsed provisions provide an aggregate limit of $600,000, or half of the fair market value in tax credit for each parcel of land so donated. The bills are HB 450 and SB 93.

The following studies of interest were approved by the General Assembly:

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

HJR 100 directs JLARC to study State Corporation Commission criteria and policies for evaluating the feasibility of undergrounding transmission lines.

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

HJR 124 requests VACO and VML to encourage their memberships to adopt a nuisance animal ordinance.

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

HJR 136 directs the State Crime Commission to study Virginia's juvenile justice system.

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

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

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

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

** Thank you for your interest and assistance during the session.

** A final, detailed summary of General Assembly action will distributed following the reconvened session.

General Assembly Contact Numbers for David Blount, TJPDC Legislative Liaison

804-644-3702 (phone)

804-783-8226 (fax)

979-7310 x350 (Charlottesville voicemail)

(Richmond email)