Legislative Newsletter - January 28, 2008

Number 3

Calendar for 2008 General Assembly Session

February 12     “Crossover”day—last day for house of origin to act on bills

February 17     House and Senate budgets released

BUDGET OVERVIEW

            Members of the House Appropriations and Senate Finance Committees have just three weeks to craft their versions of the next biennial budget. Governor Kaine reiterated his stand that a downward revision in the revenue projections contained in his introduced budget. He told business leaders such revision will be made following a review of January and year-to-date revenue data and presented to legislators just days before they are due to release their budgets. Meanwhile, the committees have received hundreds of budget amendment requests, costing hundreds of millions of dollars, from members of their respective chambers.

            The TJPDC budget amendment requests related to administrative funding for the Comprehensive Services Act (CSA) were submitted (see last week’s newsletter for patrons). In addition, budget amendments to restore funding to localities with police departments (599 funding) were requested and submitted.

            In addition, our region’s legislators submitted budget amendments to 1) hold Nelson County and other localities that experience steep increases in the local composite index (for purposes of determining education funding) harmless from receiving fewer state dollars in FY09 than in FY08; and 2) to provide additional state dollars to Albemarle County by adjusting the local composite index to recognize its revenue sharing agreement with Charlottesville.

LEGISLATION

            The General Assembly is moving forward on legislation to address CSA. A Senate committee has rolled many of the bills recommended by the CSA study committee into a three-bill package. One of them, SB 483 addresses various client-specific data collection efforts and requirements as well as performance standards for the CSA program. SB 487 would require development of new guidelines defining for case coordination/case management carried out at the local level. The Governor’s proposed budget also includes some funding for data reporting requirements at the state level and some care coordination efforts. The Committee also reported out SB 493 which would require the state Department of Social Services to establish minimum training requirements and to establish training for foster care and adoption workers. TJPDC-requested resolutions (as noted at the end of this newsletter) have yet to be considered. The resolutions call for the Office of Comprehensive Services to revise or replace the Service Fee Directory to capture important information about residential service providers.

            SB 768 (Watkins), the proffer/impact fee bill, is expected to be heard in the Senate Local Government Committee on Tuesday. The measure proposes to eliminate the authority of high growth localities to accept cash proffers on rezonings, while setting up a state-directed, cumbersome and complex impact fee system for residential properties (both rezonings and by right developments, for schools/roads/public safety buildings) and commercial developments (except schools). It ignores other needs such as parks, libraries, park-and-ride lots, transit and affordable housing. The bill also ends the authority to negotiate off-site, non-cash proffers for residential developments. The General Assembly in the past two years has expanded cash proffer authority to include more eligible localities and allow more flexibility in the program. This legislation reverses that direction. At this writing, it was anticipated that amendments to delete commercial properties from the bill and possibly to continue to allow acceptance of cash proffers as a credit against the impact fees would be made at the committee meeting on Tuesday.

            Legislation to authorize localities to exempt or defer real property taxation of up to 20% of the assessed value or the assessment for real property that is residential or farm property and is the primary dwelling of the individual owners is slowly making its way through the General Assembly. Both chambers appear poised to endorse Constitutional amendments to place the so-called “homestead” exemption question on this November’s ballot. The applicable bills are HJR 4 and HB 11, which have been approved by the House Privileges and Elections Committee, and SJR 6 and SB 9, which are pending in the Senate Privileges and Elections Committee. The Senate also has moved forward with legislation, SB 496 to implement the Constitutional change with language in the state Code, but a House subcommittee has recommended its version be carried over for the year, saying it was not necessary to have the language in state code until after the amendment goes before the voters.

            Bills addressing VDOT’s revenue sharing program will be heard soon. The primary vehicles for changes to the existing law are HB 111 and SB 99. It is hoped that changes will make the program somewhat more flexible for localities.

            The Senate Agriculture Committee spent well over an hour today debating the merits of SB 525, which proposes an executive branch commission to assess the risks and benefits of developing uranium resources in the state. Ultimately, the committee chairman appointed a five-member special subcommittee to examine the bill and make a recommendation back to the full committee. The state last looked at this issue more than 20 years ago.

Reminder--Bills requested by the TJPDC:

            Three identical resolutions were submitted at the request of the TJPDC that call for the Office of Comprehensive Services to develop options for revising or replacing the service fee directory. The bills are HJR 44, introduced by Delegate Toscano, HJR 46, introduced by Delegate Landes, which are in the House Rules Committee. SJR 17 introduced by Senator Deeds, will be heard by a Senate subcommittee on Tuesday.  

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)