Legislative Newsletter - February 14, 2007

Number 4

Calendar for 2007 General Assembly Session

February 19     Last day for committee action on bills

February 20     Deadline for budget conferees to agree on compromise spending plan

February 24     Adjournment

BUDGET news

            A conference committee of senior legislators will meet over the coming days to try to reach a compromise spending plan for the remainder of the current biennium. Members of the budget conference committee, as appointed on Wednesday, are Senators Chichester (Stafford), Wampler (Bristol), Stosch (Henrico), Colgan (Prince William) and Houck (Spotsylvania), and Delegates Callahan (Fairfax), Putney (Bedford), Hamilton (Newport News), Cox (Chesterfield), Wardrup (Virginia Beach) and Joannou (Portsmouth). They face a deadline of next Tuesday night to make recommendations on a compromise funding package.

Differences between the House of Delegates and Senate over funding for transportation will take center stage during budget negotiations. The House spending plan mirrors the provisions of its transportation plan contained in the HB 3202 as approved by the full House last Tuesday. Recall that the House had proposed to use $566 million in general fund dollars in the current biennium and to authorize up to $2 billion in debt over the next seven years for transportation projects across the state. Meanwhile, the Senate backed away from both its legislation (SB 1379) and its budget proposal last week and adopted amendments that restored the transportation funding provisions as recommended by Governor Kaine.

This week, HB 3202 was up for consideration in the Senate. The Senate Transportation Committee endorsed new language for HB 3202 that directed new revenues from abusive driver and other fees to the Highway Maintenance and Operating Fund, rather than to the Transportation Trust Fund (for construction), while still authorizing bonds and utilizing general funds. The bill was referred to the Senate Finance Committee, where a substitute measure was endorsed that removes the ongoing general fund commitment of $250 million that had been in the bill and institutes an initial $150/vehicle registration fee, which is expected to generate more than $330 million annually. It also contains a local option 10-cent increase in the grantors tax. One land use provision in the bill stipulates that by July 1, 2011, counties with a 10-year growth rate of 20% or more or with a population over 50,000 (outside of Northern Virginia) would be required to designate Urban Development Areas (UDA) in their comprehensive plans. Localities could certify by board resolution that they already have met this criteria. Another provision provides that the state will continue to maintain all new subdivision roads that meet VDOT’s current secondary street standards. These land use provisions are vastly different from those endorsed by the House, so expect those issues to be hotly debated as well. 

Subsequently, after a lengthy debate, the version of the bill passed by the Finance Committee was approved by the Senate on a 23-17 vote. The measure quickly was rejected by the House and conferees were appointed to attempt to craft a compromise bill. 

LEGISLATION in the mix

Heading up to the final scheduled week of this year’s session, this week has been a busy one at the General Assembly.

Legislation to allow localities to establish red light photo monitoring systems remains alive. HB 1778 will be considered Thursday in the Senate Transportation Committee, while SB 829 has been approved by the House Transportation Committee.

The legislature is on its way to approving compromise legislation to provide for a uniform, statewide statutory classification and taxation for idle machinery and tools on a prospective basis. SB 1151 has passed the House, while the Senate Finance Committee approved HB 2181 today. Senate Finance rejected a measure that would have classified idle equipment, hardware and software of research and development, technology or nanotechnology companies as intangible personal property exempt from taxation. HB 1937was left in the committee. On Thursday, the committee will take up HB 2127, which would require localities, in years when there is a one percent or more increase projected in total tax revenues, to mail to each property owner a notice of the public hearing on the budget and to include the current year's real estate levy and proposed levies for each individual parcel, based on the chief administrative officer’s budget.  

Legislation impacting local and farm wineries has received much attention this session. HB 2450 and SB 1413 establish the Department of Agriculture and Consumer Services to develop winery distribution mechanism for local and farm wineries. HB 2450 passed the Senate, while SB 1413 has been approved by the House General Laws Committee. Legislation impacting the authority of local governments to regulate events and activities at farm wineries also has been hotly contested. HB 2493 and SB 1205 propose some additional restrictions on localities in addressing events and activities at farm wineries. This past week, the degree to which localities could regulate noise was in contention, but ultimately, both bills allow amplified noise to receive greater scrutiny. Both bills will be up for final approvals in the coming days.

            Both chambers have approved HB 2308, which provides for the development of model ordinances for hunting with firearms to be developed the Board of Game and Inland Fisheries. Localities could choose to adopt the ordinances if it so desire. This is a much better alternative than HB 3109, to be considered early next week in the Senate Courts of Justice Committee. HB 3109 would eliminate the ability of localities to prohibit hunting within one half mile of a subdivision.

            The legislature also is poised to approve measures that to provide enhanced benefits for public employees, which would increase costs for both localities and the state to implement. HB 2370 and SB 1218 are different versions of legislation that increase the retired teacher health insurance credit from the current $2.50/month to $4/month for each year of service. Meanwhile, SB 1166 requires deputy sheriffs to become members of LEOs and increases the retirement multiplier for sheriffs. There is no corresponding House bill, but the House budget includes provisions to allow localities to receive some state funds if they choose to increase benefits of deputies.

On Thursday, the House Health, Welfare and Institutions Committee will consider SB 1332, which expands, subject to appropriation of state funds, eligibility for state CSA funds to include children requiring mental health services to avoid placement in foster care. This measure creates a new mandate for providing mental health services through CSA.

LOCAL BILLS

            For Charlottesville, HB 2674 and SB 898 (definition of regulation of toy vehicles) are in identical form and should receive final approval later this week. Also, scaled back versions of affordable housing bills are still being discussed.  HB 2010 was approved by the Senate Local Government Committee, while SB 955 is in the House Counties, Cities and Towns Committee.

            For Albemarle, HB 2503, amending transfer of development rights legislation approved last year, is on the Senate floor for final approval.

For Charlottesville and Albemarle, HB 1685 and SB 887 (use of primary road funds), have been approved in identical form.

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)