Legislative Newsletter - March 31, 2009

Number 7

Governor Proposes Amendments to General Assembly Actions

Governor Tim Kaine has submitted numerous recommendations to over 100 bills approved by the 2009 General Assembly. Details on several of interest to localities are below. The governor also vetoed a dozen bills, including HB 2528, which would prohibit local law enforcement agencies from conducting voluntary gun buyback programs and then destroying the weapons. He also signed over 770 measures approved by the legislature.
The governor did not propose extensive amendments to the approved budget, as some had anticipated. He did use his line-item veto authority on three items, one of which has the effect of restoring $1.1 million for the Fire Programs Fund. The approved budget contains a nearly $160 million unappropriated balance.
Lawmakers return to Richmond next Wednesday, April 8, for their annual reconvened session to consider the amendments and vetoes recommended by the governor.

Amendment Details:
            The governor proposed various amendments to bills of interest to local governments:

HB 1788 and SB 1276 bar localities from prohibiting the installation of alternative systems (where no sewers or sewerage disposal systems are available) and limit local regulation of maintenance requirements for such systems. Specifically, under the approved bill, local bans on installation may continue until approval of regulations governing licensing of installers of such systems (expected by July 1, 2009).  The governor’s proposed amendment extends the allowance for prohibitions on installation until after the enactment of regulations governing the operation and maintenance of the systems (which likely will not be approved until at least July 1, 2010).

HB 1919 and SB 1199 increase from $1 to $5 the daily amount a locality may charge an inmate to defray the costs associated with the inmate's keep. The proposed amendments reduce the maximum charge to $3 per day, and provide that a person jailed for an offense and later acquitted shall be refunded any such fees paid.

HB 2096 allows local ordinances that would waive building permit and other local fees associated with affordable housing construction by a 501(c)(3) organization. The proposed amendment broadens the language to also include housing renovation or rehabilitation.

HB 2098 provides that real property that otherwise qualifies for use assessment would not be not disqualified because a part of the property is being used for a different purpose pursuant to a special use permit or as otherwise allowed by zoning. It also provides that the presence of utility lines, zoning designations and special use permits shall not be considered in determining whether the property is devoted to agricultural, horticultural, forest or open-space use. The proposed amendments provide that the presence of utility lines not be the sole consideration in determining property use.

HB 2423 and SB 1336 establish the Governor's Broadband Advisory Council to advise the governor on policy and funding priorities to expedite deployment and reduce the cost of broadband access in the state. The amendment proposes an emergency clause to make the bill effective upon its signing, rather than on July 1.

**The bills highlighted in previous reports that were submitted by the region’s legislators at the request of or of particular interest to TJPDC localities were all signed by Governor Kaine!

 State Revenue Update
State revenues through the first eight months of the fiscal year are down 6.1%, which actually is ahead of the revised annual revenue forecast of a 7.3% decline. For February alone, collections fell more than 13% from a year ago, due largely to the timing of some large corporate income tax payments last year and refunds in insurance premium tax. However, sales tax collections were up slightly for the month, though the recent holiday shopping season (November, December and January sales) saw the largest decline in sales since the 1966 implementation of the state sales tax. State officials have noted that while revenue collections through February are ahead of the forecast, further weakness in individual income tax payments and sales tax collections is anticipated for the remainder of the year.

**Contact your legislators prior to next Wednesday should you wish to voice support or opposition to any of the governor’s proposed amendments noted above.

**A final summary of General Assembly action will be distributed by early May.

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)