Legislative Newsletter - April 20, 2006

Number 10

GENERAL ASSEMBLY ACTS IN RECONVENED SESSION

The General Assembly met yesterday for its annual reconvened session to consider amendments and vetoes recommended last week by Governor Kaine. The legislature did not override any of the seven vetoes of bills proposed by the governor.

By slim margins, both the House and Senate rejected amendments proposed by the governor to HB 1290 and SB 260. The governor recommended deleting new language that defines idle machinery and tools and exempts it from local taxation. The House voted 52-47 to reject the proposal, while the Senate deadlocked 19-19, forcing the lieutenant governor to break the tie by voting to reject the amendments. Recall that the bills defined idle equipment as not in use for the past three months, provided there is no reasonable prospect it will return to active use within a year; tax department opinions dating back to the 1950’s define it as that which has not be in use for the past year. 

A new substitute to the energy plan bill, SB 262, was approved. This was made possible after the governor’s proposed substitute was ruled not severable, thus opening the door for a new version of the bill that removed language requiring all gasoline sold in the state to include 10% ethanol. Troubling language concerning SCC siting of low-emission energy facilities (wind farms, nuclear plants and liquefied natural gas and solar energy facilities) remain out of the approved measure.

Other amendments approved by the legislature include: 1) technical changes to bills dealing with control of dangerous and vicious dogs, including clarifying that local governments can enact ordinances that parallel the state law, but without felony penalties; 2) additional options for local governments to fund rail projects; and 3) additional duties added to the Secretary of Transportation’s intermodal office, including to coordinate pedestrian, bicycle and other non-motorized forms of transportation in the six-year and other transportation plans.

Other amendments rejected by lawmakers include: a proposed reenactment clause to HB 370, which limits county authority to prohibit carrying a loaded gun on a highway; and amendments to HB 1185 concerning withdrawal of water from property for agricultural use.

Bills with amendments rejected by the legislature now go back to the governor, who has 30 days to decide whether to sign or veto the measures.

BUDGET TALKS TO RESUME

            Following the reconvened session, the House and Senate briefly met again Wednesday evening in special session and began to set the stage for future talks by the budget conferees. The Senate endorsed two separate budget bills, one for the remainder of the current fiscal year and one for the next biennium. The Senate plans to meet again next Wednesday.

In the coming days the Senate Finance Committee also is expected to craft legislation to incorporate regional transportation authorities for Northern Virginia and Hampton Roads that would raise money for road and transit projects as a complement to a statewide plan. Also, the Committee has not yet considered the two-year budget for the 2006-2008 biennium approved by the House last week, which essentially is the same as its version of the budget passed in February, but also including a reserve fund of just over $1 billion in general fund dollars for transportation, to be dealt with separately in a future special session.

Meanwhile, in its brief session last night, the House approved a budget bill for the remainder of the current fiscal year. The House also is slated meet again next Wednesday for a “pro-forma” session at which no business is expected to be conducted.

LOCAL BILLS SIGNED INTO LAW

            Governor Kaine has signed the following bills requested by PDC localities and approved by the legislature:

HB 779 authorizes Nelson County to charge up to a 5% transient occupancy tax for the rental of condominiums, apartments, townhouses, or similar buildings.

HB 998 and SB 202 revise the Charlottesville City charter to authorize several new means for providing affordable housing to low and moderate-income persons.

HB 999 authorizes Albemarle County to utilize an administrative hearing officer rather than a three-person panel to hear employee grievances.

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)