LEGISLATIVE REPORT #8

FROM: Martha Burton March 15, 2017
(804) 861-1666
mburton@craterpdc.org

END OF SESSION REPORT

 This report has three sections, the bills that are still alive, by subject area, an overview of 2016-2018 Budget Amendments and bills that are DEAD. This is a short session so no bills are Carried Over, as is done during a long session.

 The Governor has until midnight on March 27 to make his decisions regarding legislation that passed.  The General Assembly will return on April 5 to address the Governor’s recommended amendments and vetoes.  This session, the General Assembly amended the 2016-2018 Budget.

ADMINISTRATION OF GOVERNMENT

SB 856   -     REDog and Cat Licenses – to allow localities to provide for Lifetime Licenses – capped price at $50 to allow localities to have an annual license tax for kennels of 10 or more, not to exceed 50.  The animal’s rabies vaccination would have to be kept current.  To cap Duplicate License Tags at $1.00.

 SB 864   -     REElectoral Boards – to have appointments made by the chief judge of the judicial circuit or his or her designee (another in the circuit).

 The Governor has proposed an amendment that would require that the appointment be made from names recommended by the political party entitled to the appointment.

 SB 926   -     RE: Noise Ordinances – to amend Section 15.2-980 to provide that a locality may authorize the chief law enforcement officer to enforce any civil penalties adopted pursuant to these provisions.

 SB 936   -     RE: Constitutional Officers – to amend Section 15.2-1605 B. to provide that when a locality has entered into an agreement with a constitutional officer to include his employees under the locality’s personnel leave policies, then such employee may accrue and accumulate leave pursuant to such policies instead of under this Code section, as long as such local benefits are not less than the amounts as set out in this Code section.

 SB 964; HB 2154   -   RE: Running Bamboo – to amend Section 15.2-901 to include as “foreign growth” running bamboo; to add a new Section 15.2-901.1 to allow localities to, by ordinance, prohibit landowners from allowing this plant to grow onto neighboring property; to require VDACS & DCR to develop a model running bamboo ordinance.

 BOTH SIGNED BY GOVERNOR

 SB 992; HB 2152   -   Hopewell Charter Bill.

 BOTH SIGNED BY GOVERNOR

 HB 1958 -     Chesterfield County Charter Bill.

 SIGNED BY GOVERNOR

 HB 2464; SB 1580   -   Petersburg Charter Bill.

 SB SIGNED BY GOVERNOR

END OF SESSION REPORT
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SB 1003; HB 1719  -  RE: Wireless E-911 Fund – to postpone to 7-1-18 the date by which the Tax Department is required to conduct its first recalculation of the percentage of funds in the wireless E-911 Fund required to be distributed to each PSAP.  The recalculation is required to be based on the cost and call load data of each PSAP for previous 5 fiscal years.

BOTH SIGNED BY GOVERNOR

HB 1740 -     RE: Sanitary Districts – to transfer authority to establish or enlarge a sanitary district from the circuit court to the county governing body.  There would have to be a public hearing where a finding of whether the action is necessary, practical, fiscally responsible and supported by 50% of the property owners in the district or enlargement area would be required.

SIGNED BY GOVERNOR

HB 1936 -     RE: Derelict & Blighted Buildings – to amend Section 15.2-907.2 to allow a locality to petition the circuit court for the appointment of a land bank entity to act as a receiver to repair these buildings that contain residential dwelling units.

SIGNED BY GOVERNOR

HB 2003   -  RE: State APA Comparative Report of Local Government Revenues & Expenditures – to amend Section 15.2-2510 to require that the submittal to the State APA shall include a notarized statement from the locality’s CEO and CAO that the locality’s audited financial report has been presented to the local governing body.

SIGNED BY GOVERNOR

HB 2077 -     RE: Guns – to amend Section 44-146.15 (3) to prohibit localities from preventing the lawful possession of firearms in emergency shelters.

VETOED BY GOVERNOR

Freedom of Information Act

 SB 1040 -     RE: FOI Act – to amend Section 2.2-3705.1 to exclude from mandatory disclosure Personal Contact Information provided to a public body for the purpose of receiving e-mail from the public body provided that the e-mail recipient has requested that the information not be disclosed; it defines personal contact information as info. provided to a public body for the purpose of receiving e-mail from the public body and includes: home or business address, e-mail address or telephone number.

 SIGNED BY GOVERNOR

END OF SESSION REPORT
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HB 1539 -     RE: FOI Act – Substantial bill which has come out of 3-year study of the Act.  It seeks to specify in Section 2.2-3704A that all public records shall be open to VA citizens and adds specifically reps of newspapers and magazines with circulation in VA, reps of radio & TV stations broadcasting in or into VA.  It provides that records are to be provided by inspection or by providing copies at the option of the requester.  It seeks to add school boards to Section 2.2-3704.1 re:  information that must be posted on the official public government websites.  It seeks to amend Section 2.2-3705.1 to 1) ensure public access to salary, expense reimbursements, allowances paid to employees/officers/officials of local public bodies except for employees who make $10,000 or less; and 2) to allow an exclusion for personal contact information for citizens who submitted it to a locality in order to receive notifications.  There is a proposed re-write of the exclusions re:  structural information/construction drawings, manuals that relate to security/safety of persons, public buildings, systems.  Adjustments are proposed re:  “working papers/ correspondence.  The bill redefines “regional public body”.

HB 1540 –   RE:  FOI Act – Public Meetings – to clarify in Section 2.2-3707 C. that meetings are to be posted on the official public government website, in a prominent public location where notices are regularly posted and at the office of the clerk of the public body or chief administrator.  RE: closed/executive sessions, to amend Section 2.2-3711 A. to include under proprietary information and trade secrets information developed and held by a local public body providing certain telecommunication services or cable TV.  Public notice must be given re: continued meetings (referenced in 2.2-3707 & 15.2-1416).

HB 1876 -     REFOI Act-Libraries – to amend Section 2.2-3705.7(3) to exclude from mandatory disclosure information contained in library records that can be used to identify any library patron under 18 years old; access would be granted to a parent or guardian.

HB 2143 -     REFOI ActTraining  -  to amend Section 2.2-3704.2 to allow online courses for training FOIA Officers; to require that the name and contact information of a FOIA officer trained by legal counsel of a public body be submitted to the State FOIA Council by July 1 of each year; to require the State FOIA Council to maintain on its website a listing of all FOIA officers, including name, contact information, and name of public body such FOIA officers serve.

SIGNED BY GOVERNOR

HB 2146 -     REFOI ActOnline Public Comments – to amend Sections 2.2-3704 & 30-179 to require state public bodies and counties, cities and towns with populations of 250 or more to post a link on their official public government websites to the online public comment form on the State FOIA Council’s website to enable any requester to comment on the quality of assistance provided to the requester of a public body.

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SB 1189 -     REWater & Sewer Services-Liens  - to amend Sections 15.2-2119, 2119.1, 2122 & 5139 and adding a new Section 15.2-2119.4 to separate out Code provisions re: service to property owners and service to lessees and tenants and how liens will be handled for delinquent charges.  It removes a locality’s authority to waive a required written authorization by an owner for water or sewer services provided by a locality to a lessee or tenant.  A copy of the lease is acceptable authorization.

 It provides that no lien can be placed on the property of an owner when a lessee or tenant has delinquent fees for water or sewer charges until reasonable collection efforts made, i.e. applying security deposit, filing for setoff Debt Collection Program, or using a debt collection service.  When a locality has no security deposit to obtain water & sewer services, it shall waive lien rights against property owner.

 It allows localities or authorities to provide a partial credit where excessive water & sewer charges result from an intentional cause.  It provides that service cannot be denied to a new lessee or tenant when there are unpaid fees from a previous lessee or tenant unless there is a lien against the property owner.

 HB 2358 -     RE: Investor-Owned Water Utilities – to amend Section 56-238 to provide that the SCC may suspend enforcement of any or all of the proposed rates, tolls, charges, rules, or regulations for schedules required to be filed of any public utility except if the public utility is an investor-owned water utility not subject to Chapter 10.2:1 for a period not exceeding 180 days from the date of filing.

 SB 1578 -     RE: Short-Term Rental of Property – (1) to treat short-term rental properties (ex. Airbnb) as bed & breakfast establishments under the ABC laws; (2) to add a new Section 15.2-983 to allow any locality to, by ordinance, establish a Short-Term Rental Registry and require operators to register annually.  The information to be provided can include such information as the locality deems necessary to enforce and maintain applicable state & local laws, regulations/land use, zoning, noise, health & safety, quiet enjoyment of property, parking, litter, yard signs, collection of taxes, ABC control, and other related issues.  A reasonable registration fee would be allowed, as would penalties for violations to the registry ordinance.  Would not apply to B & Bs, hotels, motels, campgrounds.  The bill states that this does not prohibit, limit or supersede existing local authority to regulate through zoning, general land use authority.

 HB 2381 -     RE: Dangerous Dogs – to amend Section 3.2.6540 B to change the “shall” to “may” so officer would not be required to apply for a summons; under subsection G, to reduce the 45 days to 30 days within which an owner of a dog found to be dangerous must obtain a dangerous dog certificate.

 SIGNED BY GOVERNOR

END OF SESSION REPORT
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 HB 2442 -     RE: Local Collection of Fees – to amend Section 15.2-105 to add that the ordinance may also provide for the imposition of collection and administrative fees, not to exceed the amount provided for in Section 58.1-3958.

 HB 1697 -     RE: Extension of Approvals for Development Proposals – to amend Section 15-2-2209.1 which provides for extensions to address the housing crisis, to extend the current January 1, 2011 date to January 1, 2017 and to extend the July 1, 2017 date to July 1, 2020.  It applies to recorded plats, final site plans, special exceptions, special use permits, conditional use permits, rezoning actions.

 SB 932   -     RE: Conveyance of Utility Easements – to amend Section 15.2-1800 B. to exempt from the public hearing requirement utility easements related to transportation projects.

 SIGNED BY GOVERNOR

 HB 1909 -     RE: Nonjudicial Sale of Tax Delinquent Property – to amend Section 58.1-3975 A. to reduce the $10,000 assessed value to $5,000.  It also provides in subsection B. that the Treasurer can sell at public auction parcels assessed at no less than $5,000, but less than $20,000 with delinquent taxes on December 31 following the 3rd anniversary of tax due date if it is not subject to a recorded mortgage or deed of trust lien.  The property must be unimproved; determined unsuitable for building; has a structure which has been condemned; has been declared a nuisance; contains a derelict building, or has been declared blighted.  It sets forth notice requirements.

 SIGNED BY GOVERNOR 

Procurement

 HB 1596 -     REProcurement – to amend Section 2.2-4321.2 to prohibit the state from requiring payment for prevailing wages on projects; to prohibit state agencies providing grants or other financial assistance for public works projects from imposing prevailing wage provisions, unless otherwise required by federal law.  At the end of the bill there is a statement of the Commonwealth’s policy that it will not implement, adopt, enforce or require any policy that requires the state, any agency or any political subdivision, in any contract for any type of public works project, to require the payment of wages based on prevailing wages either federal Davis-Bacon Act or similar prevailing wage law of any other state.

 VETOED BY GOVERNOR

END OF SESSION REPORT
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 HB 1693 -     REProcurementArchitectural & Engineering Services for Multiple Projects – to amend Section 2.2-4303.1 D. to increase the max fee for any single project to $150,000.

 SIGNED BY GOVERNOR

 HB 2366; SB 1129   -   RE: Procurement-Construction Management and Design Build Contracts – to amend Sections 2.2-4301, 4303, 4305, 4343, 4345 and 23.1-1002 and Section 33.2-209, and adding new sections to provide that goods, services other than professional services, and insurance may be procured by competitive sealed bidding or competitive negotiation; to allow any public body to procure construction on a fixed price design-build basis or construction management basis; to allow any public body to procure road construction, draining, dredging, excavation, grading work upon a determination made in advance and in writing that competitive sealed bidding is not practicable or fiscally advantageous.  The bill includes an entirely new Chapter 43.1 in Section 2.2 related to construction management and design-build contracting.  Local public bodies could use design-build or construction management for projects that cost more than $10 million, less than $10 million if project is complex.  The bill includes reporting requirements- all completed capital projects in excess of $2 million be reported to the state.

 SB 1548 -     RE: Procurement – to amend Section 2.2-4304 B. to allow a public body to purchase from the contract of the Virginia Sheriffs’ Association.

 HB 1753 -     REProcurement – to prohibit local governing bodies from requiring a wage floor or other benefit or compensation about what is otherwise required under state or federal law.

 HB 2017 -     REProcurement – to amend Sections 2.2-4336 & 4337 to allow a locality to waive the requirement for prequalification of a bidder with a current Class A contractor license upon a written determination made in advance by the local governing body that waiver is in the best interests of the locality.  The Act limits the locality to no more than 10 non-transportation-related construction contract waivers/year in which the contract amount is more than $100,000 but less than $300,000.  A sunset clause was added- act to expire on 7-1-2021.

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 END OF SESSION REPORT
Page 7

SB 1282 -     REWireless Communications Infrastructure – to add Articles 7.2 in Title 15.2 and Chapter 15.1 in Title 56 to provide a uniform procedure for the way small cell facilities on existing structures are approved by localities and installed in public rights-of-way.  It also addresses requirements applicable to location of micro-wireless facilities.  It would prohibit localities from requiring a special exception, special use permit or variance for any small cell facility installed by a wireless services provider on an existing structure.  It allows administrative review for issuance of any required zoning permits for installation of a small cell facility on an existing structure.   It requires localities to permit an applicant to submit up to 35 permit requests on a single application.  It provides time limits for reviews and it caps fees localities might impose.  It specifies the only reasons that a locality could disapprove a proposed location.  It prohibits a locality from imposing a moratorium on considering zoning applications submitted by wireless services providers or wireless infrastructure providers.

SB 1532 -     RELocal License Fees – to exempt licensed antique vehicles from the local license fee.

SIGNED BY GOVERNOR

SB 927   -     RE: Eminent Domain – to amend Section 25.1-313 to change from 60 days to 180- days the time in which the authorized condemnor shall institute proceedings- 180 days of the recordation of the certificate; to change the timeframes to 180 days in Section 25.1-318 also.

HB 2024 -     RE: Condemnation & Notice – to amend Section 25.1-306 to provide that the authorized condemnor shall no later than between 30 & 45 days prior to the filing or recordation of any certificate, give notice to the owner or tenant, if known, of the freehold by registered mail, that a certificate will be filed or recorded.  The same language would go in Section 33.2-1020 applicable to VDOT.  Also, within 4 days of the filing or recording of a certificate, the condemnor shall give notice of such filing to the owner or tenant.

HB 2105; SB 1416   -   REInvestment of Public Funds Act – to add a new Section 2.2-4513.1 – to provide that in any locality in which authority to invest the locality’s money has been granted to its elected treasurer, the treasurer may act on behalf of the locality to become a participating political subdivision in qualified investment pools without an ordinance adopted by the locality approving a joint exercise of power agreement.  The bill defines “qualified investment pool”.  The Act does not apply to local trusts to fund post employment benefits other than pensions.  It includes a statement that nothing in the Act shall be construed to diminish existing legal authority of the treasurer of political subdivisions related to investment of public funds.

END OF SESSION REPORT
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SB 919   -     REBlight Removal – to amend Section 15.2-906 to provide that a locality may provide by ordinance that in the event the locality removes, repairs, or secures any building, wall, structure after complying with notice provisions, or as otherwise permitted under the VA USBC, in the event of an emergency the costs, expenses are chargeable to the owner.

SIGNED BY GOVERNOR

SB 1463 -     RE: Virginia Tobacco Region Revolving Fund – to amend Section 3.2-3112 to define “project” as any proposal recommended for evaluation and disbursement by the Tobacco Commission and credit approved by the Authority.  Projects other than those defined in Section 62.1-199 shall be eligible to borrow from the fund only in the event that other funding for the project equal to 25% of the total project cost is available through equity.

SIGNED BY GOVERNOR

HB 1665 ; SB 982  -  RE: Virginia Motion Picture Production Tax Credit – to extend the current sunset date from 1-1-19 to 1-1-22.

BOTH SIGNED BY GOVERNOR

HB 2347 -     RE: Commonwealth Development Opportunity Fund – to amend Section 2.2-115D. to provide that unless an exception has been granted by the Secretary of Commerce & Trade, funds shall not be used for a project that relocates or expands somewhere in Virginia while simultaneously reducing the number of employees the company has in another elsewhere in Virginia unless the procedures set forth in Section 30-310 are followed.  If the Secretary of Commerce & Trade contemplates an exception, the MEI Project Approval Commission must be notified.

HB 2108 -     The Virginia Wireless Services Authority Act – to amend Section 15.2-5431.25 A to add, or received loan funding from other sources; to provide that the authority shall maintain records demonstrating compliance with requirements of this section concerning fixing/revision of rates, fees and charges that shall be made available for inspection and copying under the FOI Act.

SIGNED BY GOVERNOR

END OF SESSION REPORT
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SB 1574; HB 2471   -   REVirginia Economic Development Partnership – this is a restructuring of the Board membership, 11 citizen members, 7 appointed by the Governor and 4 by the Joint Rules Committee of the Legislature.  Each of the citizen members must have expertise in one area- marketing, international commerce, finance, grant administration, state, regional or local economic development, measuring effectiveness of incentive programs, law, information technology, transportation, workforce development or manufacturing.  Also on the Board as ex officio voting members:  Secretaries of Commerce & Trade, Finance, Chair of the GO VA Board, VA Port Authority executive director and the staff directors of the House Appropriations and Senate Finance Committees. Each of the 9 GO VA Regions will have one representative on the Board among the members.  Terms would be limited to 2 4-year terms.  It is to be a supervisory board.  It sets out requirements for the Strategic Plan for VEDP.  The Board must include in the Strategic Plan process the participation of key economic development partners, including state, regional and local economic development agencies and organizations.  It also lays out what is to be included in the marketing plan and operational plan.  It requires the creation of a Division of Incentives.  It sets out requirements for a Committee on Business Development and Marketing- 9 citizen members (one from each GO VA Region, and a Committee on International Trade.

END OF SESSION REPORT
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ECONOMIC DEVELOPMENT

HB 1565 -     RE: Green Development Zones – to amend Section 58.1-3245.12 to allow a locality to establish such a zone and grant tax incentives and regulation flexibility to green development businesses (in an energy-efficient building or their business works to reduce negative impacts on the environment.

SIGNED BY GOVERNOR

HB 1455 -     RE: Technology Zones – Real Estate Tax – to amend Section 58.1-3221 to provide that localities may provide for a partial real estate tax exemption on a commercial or industrial structure or improvement no less than 15 years old if located in a technology zone – current law of 15 years or older applies in enterprise zones.

SIGNED BY GOVERNOR

HB 1591; SB 976  -  RE: Virginia Economic Development Partnership – to amend Section 2.2-2238 C. re: the site and building assessment program to reduce the minimum size of an industrial site to be assessed from 250 acres to 100 acres.

BOTH SIGNED BY GOVERNOR

HB 1968   -  RE: Small Business Investment Grant Fund – to amend Section 2.2-1616 to broaden and adjust this program to enable activity.

SIGNED BY GOVERNOR

HB 1969   -  RE: Small Business Jobs Grant Fund – to reduce percentage of revenue from out-of-state from 50% to 35%; company must invest at least $50,000; small business would be restricted to 50 or fewer employees (current law is 250 or less) and average annual gross receipts of $3 million or less over 24 months.

SIGNED BY GOVERNOR

HB 1970 -     to add Section 15.2-1232.2 to allow counties to create Economic Revitalization Zones.  Current authority only for cities.

SIGNED BY GOVERNOR

END OF SESSION REPORT
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EDUCATION

HB 2332 -     RE: Average Teacher Salary – to amend Section 22.1-289.1 to insert that competitive means, at a minimum, at or above the National Average Teacher Salary.

SIGNED BY GOVERNOR

HB 1400; SB 1240  -  to establish the Board of the Virginia Virtual School, which would have operational control of the school.  It is to be open in 2019-2020 to any school-age child in Virginia with a program meeting the SOQ for K-12- maximum enrollment to be 5,000 students.  The average state share of SOQ per pupil funding for each student would go to the school.

HB 2342; SB 1283   -   RE:  Regional Charter School Divisions – to authorize the State Board of Education to establish Regional Charter School Divisions only in regions in which one or more of the school divisions have an enrollment of 3,000+ students and one or more schools have accreditation denied status for 2 of the past 3 yrs.  A regional school division shall consist of at least 2 but no more than 3 school divisions.

HB 1578 -     REHome-Schooled Students – to require that such students be allowed to participate in public school athletic programs.

VETOED BY GOVERNOR

END OF SESSION REPORT
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ENVIRONMENT

HB 1597 -     RE: Stormwater Charges – to amend Section 15.2-2114D. to require any locality establishing a stormwater management utility to provide a full or partial waiver of charges to any person whose approved stormwater management plan indicates a permanent reduction in stormwater flow or pollutant loadings, or other stormwater runoff produced by the property is retained and treated on site.

SIGNED BY GOVERNOR

HB 2009 -     RE: Stormwater & Erosion Management-Administration - to amend Section 62.1-44.15:27 to allow a Virginia Stormwater Management Program (VSMP) authority or a Virginia Erosion Control & Stormwater Management Program Activity to enter into a contract with a 3rd party professional to carry out any or all responsibilities, including plan review and inspection, but not enforcement.

SIGNED BY GOVERNOR

HB 2076   -  RE: Stormwater Management Programs – to amend Section 62.1-44.15:28 to provide that the SWCB shall require that all final plan elements, specs, or calculations requiring a license be signed and sealed by a licensed professional, effective 7-1-18.

SIGNED BY GOVERNOR

HB 2383 ; SB 898   -   RE: Combined Sewer Overflow (CSO) Outfalls – to direct DEQ to identify any owner/operator of any CSO outfall that discharges into the Chesapeake Bay Watershed.  For any owner/operator not under a state order or decree related to the CSO as of 1-1-17 shall, by 7-1-18, determine what actions by the owner or operator are necessary to bring the CSO outfall into compliance with state and federal laws, unless a higher level of control is necessary to comply with a TMDL, and shall inform the owner or operator.

Any owner of a CSO outfall that discharges into the Chesapeake Bay Watershed not under a state order or decree as of 1-1-17, shall by 7-1-23 initiate construction necessary to bring the outfall into compliance and shall be in compliance by 7-1-25.  Also, there will need to be annual reports on progress as of 1-1-17 to DEQ and those reports will go to the General Assembly.

HB 2319 -     RE: National Flood Insurance Program – to amend Section 2.2-220.4 to direct the Secretary of Natural Resources to report participation by affected localities in the Community Rating System of the National Flood Insurance Program to the Governor and General Assembly no later than 11-1-18.  The report must list any affected locality not participating, determine costs and benefits to localities of participation and recommend necessary legislation.

SIGNED BY GOVERNOR

END OF SESSION REPORT
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HB 1774 -     REStormwater and Erosion Control  -  to authorize a cooperative study under the Virginia Coastal Policy Center at William & Mary.  The Commonwealth Center for Recurrent Flooding Resiliency will convene a work group- broad group of agencies, plus local governments, environmental groups to improve stormwater management in rural localities in Tidewater, Virginia.  It is to consider the creation of rural development growth areas in such localities using different approaches than those set forth in the Virginia Stormwater Management Program.  The bill also delays from 7-1-17 to 7-1-18 the effective date of the comprehensive stormwater legislation adopted in 2016 (or 30 days after implementing regulations are approved by the State Water Control Board).

SIGNED BY GOVERNOR

END OF SESSION REPORT
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HUMAN RESOURCES

HB 1549; SB 1005  -  RE:  Community Services Boards – to amend Section 37.2-500 to provide that the core services that CSBs provide Shall include:  Emergency Services; Same-Day Mental Health Screening Services;  Outpatient primary care screening and monitoring services for physical health indicators and health risks and follow-up services for individuals identified as being in need of assistance with overcoming barriers to accessing primary health services, including developing linkages to primary health care providers; and subject to funds availability, case management services.  Effective July 1, 2019.  Effective July 1, 2021, CSBs would have a longer list of Core Services, including those listed above, plus:  crisis services for individuals with mental health or substance abuse disorders, outpatient mental health and substance abuse services, psychiatric rehab services, peer support and family support services, mental health services for armed services members located 50 miles from military treatment facilities and veterans located 40 miles from a VA facility, care coordination services and case management services. The Department of Behavioral Health & Developmental Services would have to report to the G.A. each year on implementation progress.

END OF SESSION REPORT
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LAND USE

HB 1797 -     RE: Proffer Amendments – to amend Section 15.2-2302 to provide than when any landowner applies for amendments to proffered conditions, direct mail notice shall be given to those directly affected by the amendment.

SIGNED BY GOVERNOR

HB 1994 -     RE: Boards of Zoning Appeals – to amend Section 15.2-2314 to add that costs shall not be allowed against the governing body (current law just says locality) unless deemed to have acted in bad faith; to allow the locality or the governing body to ask the court to hear the matter on the question of whether the appeal was frivolous.

SB 1173 -     RE: Vested Property Rights – to amend Section 15.2-2307 D. to add, if the structure requires no permit, and an authorized local official tells the owner that the structure will comply with zoning ordinance, and then the improvement is built, a zoning ordinance may provide that it is nonconforming, but shall not provide that it is illegal and subject to removal because of the nonconformity. The legislation is not retroactive.

SIGNED BY GOVERNOR

SB 1497 -     RE: Manufactured Homes – to amend Section 46.2-100 to state that a Park Model RV is not a manufactured home, and Park ModelRV is defined.

SIGNED BY GOVERNOR

HB 2469 -     RE: Zoning-Delinquent Charges – to amend Section 15.2-2286 B. re: evidence that delinquent taxes and fees have been paid, to add, “unless otherwise authorized by the Treasurer”.

SIGNED BY GOVERNOR

SB 1559 -     RE: Boards of Zoning Appeals – to amend Sections 15.2-2311 & 2312 to require that the recipient of certain notices from the BZA receive notice via certified mail, last known address, or usual abode prior to the commencement of the 30-day appeal period.

END OF SESSION REPORT
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 MISCELLANEOUS
HB 1941 -     RE: Immunity of Persons-Defamation- to amend Section 8.01-223.2 to provide immunity from a claim of defamation based solely on statements re: matters of public concern that would be protected under the First Amendment made by that person that are communicated to a third party or made at a public hearing (governing body, boards, agencies, authorities, political subdivisions).  Immunity would not apply to statements made with actual or constructive knowledge that they are false or with reckless disregard for whether they are false.

PUBLIC SAFETY
HB 1457 -     RE: Part-Time Deputy Sheriffs – to amend Section 15.2-1609.9 to include like rank and experience as factors in setting the maximum allowable compensation.

SIGNED BY GOVERNOR

HB 1532 -     RE: Fire Programs Fund – to increase the portion of funds going to localities from 75% to 80%.  Effective on 1-1-18.

HB 1590 -     RE: Law Enforcement Officers & Firefighters – to amend Section 8.01-226 to  provide that the Fireman’s Rule shall not be a defense to (1) claims against 3rd parties whose negligent acts did not rise to the emergency to which public official is responding and who were not on the premises where emergency arose and injuries occurred; (2) arising out of further acts of negligence separate and apart from the negligent acts that gave rise to the emergency; (3) based upon a violation of a statutory duty created for the express benefit of such public official; or (4) against parties whose conduct qualifies as an intentional tort, gross negligence, or willful or wanton misconduct.

SIGNED BY GOVENOR

SB 975; HB 2331  -  RE: Mental Health Screenings at Regional Jails – to amend Section 37.2-505 to set out how to address issues/responsibilities when there is more than one community services board serving a regional jail.

HB 1845   -  RE: Drug Addiction-Jails – to have state departments of Criminal Justice Services and Behavioral Health develop a model addiction recovery program that could be administered in local and regional jails; programs to be based on existing programs, require that participation is voluntary and address multiple aspects of the recovery process.

END OF SESSION REPORT
Page 17

HB 2243 -     RE: Line of Duty Act – to add Virginia Air National Guard members; to clarify that suspension or reinstatement of health insurance benefits begins and ends at the beginning of a health insurance plan year rather than middle of year; to codify provisions of the Act that are currently in the State Budget; to provide that surviving spouses who remarry on or after 7-1-17 would be disqualified from receiving health insurance benefits.  Emergency Clause.

END OF SESSION REPORT
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TAXATION
HB 1476 -     RE: Real Estate Tax-Land Preservation Assessment – to amend Section 58.1-3234 to prohibit localities from requiring an applicant who is a lessor of the property to provide the lease agreement governing the property for the purpose of determining eligibility for special assessment for land preservation.

SIGNED BY GOVERNOR

HB 1626 -     RE: Peddler/Itinerant Merchant License – to amend Section 58.1-3717 to require any locality that requires such a merchant to display a license shall provide an adhesive decal/sticker.

SIGNED BY GOVERNOR

SB 920; HB 1992  -  RE: Lien Priority – to amend Sections 15.2-901, 906, 907, 908, 908.1 & 1115- operative language now says “on a parity with liens for unpaid local real estate taxes.

BOTH SIGNED BY GOVERNOR

SB 962; HB 2058  -  RE: Sales Tax – to provide that storage of inventory in Virginia is sufficient nexus to require out-of-state businesses to collect the tax on sales to Virginia customers.

HB SIGNED BY GOVERNOR

SB 1211 -     RE: Cooperative Collection of Local Vehicle License Fees & Taxes – County & Town- to allow counties and adjoining towns to enter into reciprocal agreements to collect each other’s vehicle license fees and taxes.

SIGNED BY GOVERNOR

HB 2193 -     RE: Business Personal Property – to amend Section 58.1-3506 to require localities to allow taxpayers to provide an aggregate estimate of total cost of all personal property used in a business that has an original cost of less than $500 (current law is less than $250).

SIGNED BY GOVERNOR

END OF SESSION REPORT
Page 19

SB 1296 -     RE:  County Meals Tax- to prohibit a referendum initiated by resolution of the board of supervisors during 3 yrs. after a referendum fails; to provide that when a county holds a referendum, the ballot would need to state the total tax, as a percentage, that would be imposed, based upon a 4% Meals Tax and any other tax applicable (ex. Sales Tax).

HB 1950 -     RE: Local Cigarette Tax – to require localities that impose the tax and require stamps as evidence of payment to provide a refund for any stamps that are returned to the locality.

SIGNED BY GOVERNOR

HB 1961   -  RE: BPOL Tax – to direct the Department of Taxation to promulgate regulations that clarify interpretation of Section 58.1-3732 B. 2 re: methodology for determining deductible gross receipts attributable to business conducted in another state or country.

SIGNED BY GOVERNOR

HB 2460 ; SB 1034  -  RE: Historic Rehab Tax Credit – to amend Section 58.1-339.2 to provide that the amount of the credit that may be claimed by each taxpayer, including carryover from prior tax years, shall not exceed $5 million in taxable years beginning on and after January 1, 2017, but before January 1, 2019.

SJR 331 -     Proposed Constitutional amendment that would enable the General Assembly to allow localities to provide a partial Real Estate Tax exemption for improved real estate subject to recurrent flooding upon which flooding abatement, mitigation or resiliency efforts have been undertaken.

HB 1463 -     RE: Publication of Delinquent Taxes – to amend Section 58.1-3924 to allow a Treasurer to publish lists of delinquent taxes mentioned in Section 58.1-3921 (2) & (3) whether or not they are based on information as it exists at the end of the fiscal year.

 SIGNED BY GOVENOR

END OF SESSION REPORT
Page 20

TRANSPORTATION
HB 2023 -     RE: Highway Maintenance Payments – Bicycle Lanes – to amend Section 33.2-319 D to allow a city or town that converts a lane to a bicycle lane to continue to receive payments with a limit of no more than 50 moving lane miles converted or 3 percent of the total number of moving lane miles, whichever is less; the conversions cannot occur without an engineering assessment; bikeway meets Urban Bikeway Design Guide standards.  Localities will not get additional funds as a result of the conversion and they cannot reduce expenditures on road and street maintenance/ operations.

HJR 693-     the perennial “Transportation Lock Box” proposed Constitutional amendment.

HB 2463 -     RE: Commercial Establishment Entrances – to amend Section 33.2-241 to require the Commissioner of Highways to document and maintain a list of permit applications submitted re: intersecting commercial establishment entrances, to include recommendations made pursuant to VDOT design standards and regulations on access management, land use permits, and cost estimates.  It would provide further that such list shall be provided to a locality upon request.

2016-2018 Budget Conference AMENDMENTS

 Fiscal Distress in Local Government

 1. Tucked away at the very end of the amended 2016-2018 budget is a new section entitled Fiscal Distress in Local Government.  It is a lengthy language amendment.

 (a)        The State Auditor of Public Accounts (APA) is directed to establish a working group that is to develop criteria for a preliminary determination that a local government may be in fiscal distress.  They will use expenditure reports submitted to the Auditor, budget information posted on locality websites and Commission on Local Government reports on revenue fiscal stress.  VRS, VA Resources Authority, Virginia Public Building Authority and regional authorities will have to report late or missed payments to the Auditor of Public Accounts.  It defines fiscal distress.

 Using this information and the criteria established by the workgroup the Auditor of Public Accounts will establish a prioritized Early Warning System.

 When the State APA makes a preliminary determination of fiscal distress, he or she shall notify the local governing body.  Based upon the request of the local governing body or CEO, the State APA may conduct a review and request documents and data from the locality.  The review shall consider factors including budget process, debt, borrowing, expenses & payables, revenues & receivables, staffing, identification of outside variables.  The local governing body shall acknowledge receipt of requests for information and shall ensure that a response is provided within the State APA’s timeframe.

 After the review, if the State APA believes that state assistance, oversight, intervention is needed to further assess, stabilize or remediate the situation, he or she must notify the Governor, chairs of the 2 “money committees” and the local governing body in writing.

 The Director of the Virginia Department of Planning & Budget is directed to identify any unexpended dollars in State Aid to Local Governments accounts as of 6-30-17, and provide a list of such amounts by 8-15-17 to the Governor and the chairs of the 2 “money committees”.  Once all of these dollars have been “swept back to the State” a fund of $500,000 will be created from which the Governor can draw to provide technical assistance and intervention actions for localities deemed to be in fiscal distress.  Before the Governor can use these dollars the State APA must notify the Governor and the chairs of the 2 “money committees” that a locality is in need of intervention because of a worsening situation.  The Governor would then have to confer with the 2 “money committee” chairs about a plan for state intervention and the language specifies all that must be addressed in this plan.

 The language says the governing body and Constitutional officers shall assist any staff conducting the intervention.  There are to be regular written reports to the Governor and the 2 “money committee” chairs about progress and about whether or not the local officials are cooperating.

2.  Language in the budget directs the creation of the Joint Subcommittee on Local Government Fiscal Distress, to be composed of 5 Senate Finance Committee members, 4 House Appropriations Committee members and 2 House Finance Committee members.

 Goals & Objectives:
1)          Review savings opportunities from increased regional cooperation and consolidation of services;
2)          Review local responsibilities for service delivery of state-mandated or high priority programs;
3)          Review causes of fiscal stress among localities;
4)          Review potential financial incentives and other government reforms to encourage increased regional cooperation; and
5)          Review the different taxing authorities of cities and counties.

Findings and recommendations due on first day of 2018 General Assembly session.

ADMINISTRATION

Compensation Board

Language – to require that whenever a person is admitted to a local or regional jail, staff shall screen for mental illness using a scientifically validated instrument, that has been designated by the Commissioner of Behavioral Health & Developmental Services.  The employee must be trained to use the screening instrument.

to direct the Comp Board to review jail staffing standards re:  provision of mental health and medical treatment in jails, to include costs and benefits of requiring in all jails an assessment within 72 hours of initial screening by qualified mental health professionals.  Report to General Assembly by October 1, 2017.

Career Development Programs for Constitutional Officers  -  funding adjusted but still provided for these programs for all Constitutional officers effective August 1, 2017

Language – VARisk program – to continue the stakeholder group and direct that it consider statutory requirements about when localities must prepare budgets, impacts on localities of large, unanticipated VARisk premium increases, and the hardships caused by inability to budget for increases.

AGRICULTURE & FORESTRY

Department of Agriculture & Consumer Services

Agriculture & Forestry Industries Development (AFID) Fund – Base funding of $1.0 million for 2017-2018 – there is also an unallocated balance in the Fund.

COMMERCE & TRADE

Economic Development Incentive Payments

Aerospace Engine Mfg. Supplier Cluster Grant - $2.5 million stricken- no application received.  Funding will be appropriated in the next biennium after receipt of a qualified application.

 Virginia Economic Development Incentive Grant - $4.0 million authorized for 2017-2018.  Grant payments paid in no less than 5 installments, do not begin ‘til at least 36 months after company has met investment and jobs targets.

 Commonwealth’s Development Opportunity Fund – reduced by $1.0 million to $19.75 million.

 Pulp, Paper & Fertilizer Advanced Mfg. Performance Grant – reduced from $5.0 million to $2.0 million.

 Tourism Grant Incentives Program – reduced by $500,000.

 Department of Housing & Community Development

 Language – to direct DHCD work with multiple agencies to expand supportive housing for people with serious mental illness.

 GO Virginia  - $3.6 million in current year; $2.25 million in 2017-2018 for the new regions to undertake organizational and capacity building tasks; $10.9 million in 2017-2018 for regions based on population for projects; $11.3 million in 2017-2018 for competitive grants.

 Derelict Structures Fund – reduced by $.5 million.

 Enterprise Zones  - $.5 million restored for each year to prevent state from having to prorate Enterprise Zone grants.

 Department of Small Business & Supplier Diversity

 Funds reduced to $.5 million for Small Business Jobs Grant Fund.

 Virginia Economic Development Partnership

 Virginia Brownfields Restoration & Economic Development Assistance Fund - $2.25 million restored

 Business-Ready Sites Program – reduced by $562,500.

 Language  -  VEDP Reorganization - all agency plans (operational, strategic, marketing) and plans for new auditor, new Incentives Division, International Trade Divisions to be submitted to JLARC.  $1.5 million withheld until General Assembly satisfied about reorganization.

 EDUCATION

 Chesterfield County Public Schools - $50,000 to plan with VSU on development of a college partnership lab school to support Ettrick Elementary School.

 Teacher Residency Program - $1.0 million.

 Extended School Year Program – Initial grant awards may be up to $300,000 per school for up to 2 years after initial implementation, or $400,000 in cases of Denied Accreditation.

 Project Discovery - $662,500.

 SOQ Teacher Retirement Costs – increases by $8 million the amount of Literary Fund revenue to pay these costs.

 Teacher Compensation – funding for the state share of a 2% salary incentive increase, effective February 15, 2018, for funded SOQ instructional and support positions.  It is the intent that salaries be increased throughout the state by an average of 2.0 percent during the 2016-2018 biennium.  School divisions must certify by June 1, 2017 that salary increases of a minimum average of 2.0% have been or will be provided during the 2016-2018 biennium.  Increases given in 2016-2017 provided solely to offset VRS required contributions may not be used to qualify.

 $34.1 million provided to increase the Lottery Per Pupil Allocation to $191.3 million (35% of total Lottery proceeds.  Funds can be used for recurring or non-recurring costs- no local match required.

 $7.26 million for 2016-2017 – Small School Division Enrollment Loss.

               Charles City County           $75,000

               Petersburg                         $180,650

               Surry County                        75,000

               Sussex County                    110,255

 $199,992 for each school division to cover a portion of the increased cost for the Algebra Readiness Diagnostic Assessment.

 FINANCE

 $500,000 – Intervention & Remediation efforts for Petersburg, at the discretion of the Secretary of Finance.

 Health & Human Resources

 144 additional Medicaid Family & Individual Support Waiver Slots.

 $4.9 million added to expand permanent supportive housing for individuals with serious mental illness.

  Community Services Boards – reduction of $2.0 million; The $2.0 million was transferred to match $2.0 million in federal dollars to expand access to Medicaid funds for persons with serious mental illness to obtain primary care, outpatient medical services, prescriptions, behavioral health services, addiction recovery & treatment services, partial day hospitalization and residential treatment.

 $5.0 million in new federal funding – State Targeted Response to the Opiod Crisis Grant.

 $8.55 million from Behavioral Health & Developmental Disabilities Trust Fund to serve persons with mental illness.

 Department of Social Services
 $2.0 million – increase TANF benefit payments for families by 2.5%.

$110,000 to cover costs for new requirements that social services departments must review additional data sources in determining eligibility for public assistance.

$7.5 million in TANF funds for Community Employment & Training Programs, $2.0 million of which is for grants to Employment Services Organizations through MOUs with the Department of Social Services.

NATURAL RESOURCES

Department of Conservation & Recreation

Language – large stakeholder group to convene to examine funding, training, resource needs, and explore incentives for additional implementation of Resource Management Plans – Recommendations due October 1, 2017.

DEQ

Language – Appomattox River Water Authority give additional year to decide about utilization of bonds authorized in 2013.

Department of Historic Resources

$1.0 million for Battlefield Preservation funding.

PUBLIC SAFETY

Department of Corrections

Language – As of July 1, 2017, the state will reimburse up to 25% of costs for construction/renovation of local or regional jails.

Department of Criminal Justice Services

Language – requiring major review of all compulsory minimum training standards for law-enforcement officers, to be completed by 10-1-19.  List updated in 1998.

Model Addiction Recovery Program - $153,6000 for 4 pilot sites.

$1.5 million to match federal Victims of Crime Act funding.

Department of State Police

$1.2 million and 10 positions to establish a Special Operations Division.

Commonwealth Center for Advanced Manufacturing

Language – stipulations related to CCAM’s use of $25.0 million in bond proceeds changed.  The changes allow bond proceeds to be used for existing and future Regional Centers of Excellence and allows VEDP to certify the allowance of in-kind contributions instead of a matching federal grant.  In-kind shall not exceed 40% of the total required match.

SALARIES

District & Deputy District Court Clerks – additional salary adjustment effective September 10, 2017.

State Supported Local Employees – 2% salary increase effective August 1, 2017.

State Employees – 3% effective July 10, 2017.

 State Police – Prior to the addition of 3% raise, each sworn officer will receive $6,793.

   Starting Salary for sworn officer to increase from $36,207 to $43,000.

 Employees of Sheriffs & Regional Jails- additional increase to address salary compression issue- effective 8-1-17.

DEAD BILLS

 HB 2312 -     RE: Local Taxes – to allow an Industrial Development Authority to make loans to a locality to enable it to reduce the local tax rate of any taxes it imposes, in order to promote economic development, expand its tax base and increase local revenue.  Funds would have to be used solely to offset lost tax revenue.

 SB 1294 -     RE: Conflict of Interests Act – to impose absolute BAN on gifts no matter the cost- state & local officials.

 SJR 289 -     to direct the Virginia Conflict of Interest & Ethics Advisory Council to study the procedures for filing and review of disclosure forms by local government officers & employees.

 SB 1157 -     RE:  Lobbying on Behalf of Political Subdivisions – to require that orgns such as VACO & VML that are established by political subdivisions and lobby on their behalf would have to file more detailed lobbyist registration statements; to prohibit political subdivisions from using public funds to support lobbying efforts on their behalf.  Funding for lobbying shall be segregated from public funds and held in a separate bank account.

 SB 1373 -     RE:  Siting Group Homes, Public or Private Detention Homes, Residential Care Facilities  - to amend Section 15.2-2204 to provide notice requirements to ensure that localities and homeowners associations are notified, the level of detail of information that needs to be provided, including things like contact info. for the facility community liaison, description of services to be provided, description of population to be served.  There are provisions that treat facilities that will serve persons who have dangerous criminal backgrounds and persons who have been found not guilty by reason of insanity from the other populations who might be in other types of group facilities.  It also has provisions for facilities owned/operated by hospitals & state agencies vs private facilities. 

 HB 2447 -     RE: Local Vehicle License Fees – to eliminate localities’ ability to assess local license fees for motor vehicles – Effective 7-1-18.

 SB 783; HBs 2057, 2129   -   to prohibit discrimination in public employment.

 SB 801   -     REPubic Animal Shelter – to require a public animal shelter to wait 3 days before euthanizing a dog or cat when the shelter has been notified of an intent to adopt the animal.  It would not have to be held if there is reason to believe that the animal has seriously injured a human or if there are other specific conditions for euthanasia.

 SB 905   -     REHousing Authorities – to increase the maximum compensation that may be paid to members to $300/month.

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HB 2402 -     RE: FOI Act – to add language that if a court finds that any officer or employee of a public body receives a records request via certified mail, return receipt requested, and without legal excuse or justification, deliberately fails to respond, the employee is to be fired.

SB 1569 -     RE: Water & Sewer Fees – to require that water and sewer connection fees be practicable and equitable; uniform for same type, class, and amount of use or service; estimated consumption of water on or in connection with the property; number and kind of sewage fixtures or facilities; number or average number of persons residing in or working on property; or any combination of such factors as the governing body may determine.  Fees to be reviewed periodically to assume that they remain practicable and equitable.  Effective 1-1-18.

SB 1171; HB 2323  -  RE: Public Employment-Criminal Background – to allow localities to, by ordinance, prohibit questions on employment applications re: arrests, charges, convictions prior to conditional offer of employment.  The bill seeks to prohibit the state from asking.

HB 2251 -     RE: VRS – to require VRS to establish an Optional Defined Contribution Retirement Plan.  Every employee hired or rehired on or after 7-1-19 would be able to make an irrevocable choice re: participation.  Existing VRS members would have to make an irrevocable choice no later than October 31, 2019.

SB 938   -     RE: Smoking – to allow localities to, by ordinance, designate nonsmoking areas in outdoor amphitheaters or convert venues that the localities own.  These would have to be adequate signage.

SB 795   -     RE: Local Registers of Funds Expended – to require every locality and every school division to post on the public government website a register of all funds expended, to include vendor name, payment date, amount and description, including credit card purchases.  Could exclude information that is exempt under the FOI Act.  It would also exempt any personal identifying information related to a court-ordered payment and any information related to undercover law enforcement officers.

SB 1268    -  RE: Tax Rate Hearings – to amend Section 58.1-3321 to allow localities to hold its tax increase public hearing and annual budget public hearing at the same time.

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HB 1399 -    RE:  Local Electoral Boards – a proposed restructuring of how local electoral boards are appointed and how the Democratic & Republican parties are represented. They would continue to be appointed by the Circuit Court judges.  One member would come from the party which holds a majority in the House of Delegates, one from the party which holds a majority in the Virginia Senate, and the third from the Governor’s political party.  If all 3 would come from the same party, then the 3rd member would come from the party that got the 2nd highest vote count in the most recent gubernatorial election.

SB 1491 -     RE: Agritourism – to include under agritourism the rental, in compliance with applicable transient lodging laws, of a S-F residence on the farm or ranch for periods not less than one week each.

 HBs 1983, 2031; SB 1111  -   RESchool Calendar – to allow local school boards to set the calendar.

 SB 1047 -     RE: Community Policing – to require training for law enforcement officers to include fair and impartial policing, verbal de-escalation, needs of special populations.  The bill changes “community policing” to “community-engaged policing”.

 SB 1064 -     RE: Mental Health Awareness TrainingLaw Enforcement Officers, Firefighters, & EMTs – to amend Section 9.1-102 to direct the Department of Criminal Justice Services to establish compulsory training standards for basic training and recertification of law enforcement officers to ensure participation in a mental health awareness program and specifics what is to be included; to add a new Section 27-23.11 to require all firefighters, other than volunteers, to biennially participate in such a program under the Virginia Department of Fire Programs; and to amend Section 32.1-111.4 to require such a program for EMTs.

 SB 1198 -     RE: Training for Firefighters Who Drive Fire Vehicles – to amend Sections 27-9 & 14 to provide that local ordinances related to powers and duties of fire departments/ companies or chiefs shall include a requirement that any fire department or fire company member who operates a motor vehicle shall have a valid driver’s license and successfully complete an approve Emergency Vehicle Operator’s Course.

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HB 1681 -     RE: Transient Occupancy Tax – to allow localities to impose the tax on transient room rentals and travel campgrounds in State Parks.

SB 1520 -     RE:  Property Tax Increase Public Hearing – to require the publication of the notice in a newspaper 25 days before the hearing date; to post the notice in a prominent location in the local government building 30 days before the hearing date.

HB 2145; SB 1572   -   REGIS Work – to amend Sections 54.1-400, 402, 404, 406 and adding 407.1 to require that most GIS work could only be done by licensed land surveyor photogrammetrists.

SB 802   -     RE: Camping – to prohibit localities from requiring special use permits or special exceptions for landowners allowing family or non-paying guests to camp on their property in a tent or RV for no more than 2 months in the aggregate during a calendar year. 

HB 1506 –    RE:  Overgrown Shrubs & Trees –to provide that for vacant developed properties “other foreign growth” includes overgrown shrubs and trees and localities could require owners to cut them.

HB 1666; SB 1070  -  RESpeeding-Enforcement – to provide that any locality can, by ordinance, establish a Speed Enforcement Program using a Speed Monitoring System (photo system similar to cameras at Red Lights).

HB 1674 -     RE: Conditional Rezoning, Proffers – to expand the definition of “public facilities” to include other public recreational facilities, public libraries, court facilities, and other public buildings and structures owned by a locality to support the operation of public facilities or provide public services.

 HB 1698 -     RE: Polling Places – to require the Attorney General to develop a template MOU to be used by local registrars when establishing polling places; to require an MOU between the registrar & facility owner, to be entered into for a 5-year period with a renewal option at end of 4th year.

 HB 1735 -     RE: Conditional Rezoning Proffers – to provide that “locality” shall not include a person participating at a meeting sponsored by a locality for the purpose of facilitating communication among interested parties and the applicant provided that the person does not have a statutory role in the approval of a rezoning or proffer condition amendment.

 HB 1439 -     RE: Small Businesses – to provide a $1,500 State Income Tax credit for each f-t job paying at least $30,000 created by a small business, as defined by the U. S. SBA.  Limited to 50 jobs created.

 SB 789   -     to reduce Virginia’s Corporate Income Tax rate from 6% to 5.5%.

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SB 835      -  to reduce Virginia’s Corporate Income Tax rate from 6% to 2.5%.

SB 849   -     to provide a State Income Tax deduction for small businesses that generate less than $100,000 in taxable income and have fewer than 50 employees.

HJRs 580, 648  -  to direct JLARC to update its 1999 report – Review of the Impact of State-Owned Ports on Local Governments.

SBs 1011, 1012; 1499  -  RE: Virginia Casino Gaming Bills – locality would have to approve casino gaming in a referendum.  10% of proceeds from gross receipts and admissions taxes would go to the locality.

HB 1752 -     RE: Virginia Economic Development Partnership – to amend Sections 2.2-115, 2240.2, 2240.3, 5103 re: grant/incentive programs administered by VEDP, to allow a political subdivision to request a waiver that permits it to use no more than ¼ of the grant or loan for a purpose indirectly related to the project.

HB 1561 -     RE: School Buses – to require that as of 7-1-27, every school bus have seat belts.

SB 1015 -     RE: Kindergarten – to increase the minimum instructional hours in a school year, effective 7-1-19.

SB 925   -     RE: Plastic Bags – to impose a 5 cents tax/bag on plastic bags in localities located wholly within the Chesapeake Bay Watershed.

SB 984   -     RE: Water Quality Improvement Fund – to amend Section 10.1-2117 to include under “nutrient removal technology” technologies in water reuse facilities that result in reduction of nutrient discharges.

HBs 1444, 1771; SBs 785, 978  -  to increase the Minimum Wage.

SB 943   -     RE: ABC Stores – to require ABC to provide notice and hold a public hearing before establishing a retail store; to prohibit locations within 1/10 mile of churches, schools, colleges, child welfare agencies.

SBs 980, 1411  -  RE: Statewide Fire Prevention Code-Fireworks – to define Consumer Fireworks and to allow them in Virginia.  There would be a 12% tax on the purchase of such fireworks.  Taxes collected by state and returned to localities to support fire and rescue services.

HB 1418 -     RE: Guns – to allow localities to prohibit guns in public libraries.

HB 1416 -     RE: Line of Duty Act – to amend Section 9.1-402 B. to increase the payment to the beneficiary from $100,000 to $125,000.

SB 788   -     to reduce State Income Tax rates.

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SB 836      -  RE: BPOL Tax – to amend Section 58.1-3702 to remove the choice and require that if the tax is imposed, it is to be imposed on the Virginia taxable income of the business.

HB 1488   -  RE: Delinquent Taxes – to reduce the 6 months to 3 months before you can hire someone to collect unpaid taxes.

SB 956      -  RE: County Meals Tax – to increase the maximum rate from 4% to 8%; to remove the requirement for a referendum.

HJR 619   -  RE: Machinery & Tools Tax – to direct the Tax Commissioner to study disincentives in the Code that discourage investments in upgrades to machinery and tools.

SB 887; HB 1831  -  RE: VDOT Prioritization of Statewide Transportation Projects – to amend Section 33.2-214.1 C. to exempt projects on U. S. Route 460 and U. S. Route 121 from this prioritization process.

SB 921      -  RE: VDOT Prioritization of Statewide Transportation Projects – to amend Section 33.2-214.1 B.1. to add to factors consideration of travel time reliability.

HB 1860   -  RE: Aboveground Storage Tanks – to direct the State Water Control Board to regulate such tanks that are greater than 5,000 gal. in capacity and are used to contain dangerous substances other than oil; to create the Aboveground Storage Tank Fund.

HB 2008   -  RE: Erosion & Sediment Control-Chesapeake Bay Preservation Area (CBPA) – to increase from 2,500 square feet to 10,000 square feet the minimum area of land disturbance within a CBPA that triggers applicability of erosion or stormwater management programs.  Current law- 10,000 square feet for these activities outside of CBPAs.

HB 1899   -  RE: Conditional Zoning Proffers-Affordable Housing – to amend Section 15.2-2303.4 to add, F. The Provisions of this section shall not apply to any offsite proffer related to the provision of affordable dwelling units.

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HB 2012   -  RE: Stormwater-Failed Best Management Practice (BMP) – to amend Section 62.1-44.15:24 to define BMP as a structural or nonstructural practice, or other management practice used to prevent or reduce nutrient loads associated with stormwater from reaching surface waters or the adverse effects thereof; to add Section 62.1-44.15:33.1 to direct that the SWCB define a failed BMP, to establish criteria for determining whether BMP qualifies as failed, and to direct DEQ, at the locality’s request, to assume by contract with the locality, responsibility for enforcing the operation and maintenance obligations of the owner of the failed BMP.

 HB 1863   -  RE: TANF & VIEW Programs – to direct the Department of Social Services to keep records on the number of VIEW participants who receive an exception to the time limits on TANF benefits due to hardship and the specific circumstances that caused granting the exceptions; non-identifying statistics to be published annually.

 HB 1867   -  RE: Virginia Housing Trust Fund – to require that 20 percent of Recordation Tax Revenue over $325 million be deposited in the Trust Fund annually.

 HJR 630   -  RE: Sheriffs-Animal Control – to study having Sheriffs supervise animal control officers.

 HB 1925; SB 1329  -  to allow all counties to impose a Cigarette Tax.

 HJR 676   -  RE: Composite Index – to direct the Department of Education to look at Use Value Assessment & Taxation in localities, the use value of all applicable real estate devoted to each of the 4 uses, and recalculate the composite index after considering these values.

 HB 2094   -  RE: Guns – to allow localities to regulate carrying of firearms in any building the locality owns and uses for government purposes.

 HB 2131   -  RE: Law Libraries – to increase the assessment a locality may impose from $4.00 to $7.00 on each civil action.

 HJR 702   -  to have JLARC study the needs for Funding Elections.

 HJR 720   -  RE: Placements of Group Homes, Residential Care Facilities, Detention Centers – to have the Department of Behavioral Health & Development Services  “weigh in” and offer recommendations on content and timing of notices that should be given prior to locating such facility; recommend improvements for required public hearings; assess appropriateness of restrictive covenants that impact locations; recommend restrictions on locations; identify staff-to-resident ratio requirements that should be imposed; review and make recommendations to improve licensure and other regulatory requirements.

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HBs 2117, 2134 - RE: Law Enforcement-Body-Worn Cameras – to require localities to adopt and establish a written policy for the operation of a body-worn camera system that conforms to the Department of Criminal Justice Services model policy prior to purchasing or deploying such a system.

HJR 706   -  proposed Constitutional amendment to allow localities to exempt from taxation the 1st $5,000 of value of Business Personal Property.

SB 1433    -  RE: Fireworks – to allow sales if seller has a federal permit, a state permit (DHCD), and a local permit if required.

SB 1460    -  RE: Enforcement of Lien for Taxes Owed – to amend Section 8.01-321 re: orders of publication to provide that on properties with current assessed value of under $50,000, the order of publication may be posted for not less than 14 days on the locality’s official government website or official website of the Circuit Court Clerk instead of in a newspaper.  The taxpayer, the property address and creditors must still be notified.

HJR 779   -  to study benefits, costs, barriers to requiring Community Services Boards to provide mental health services in jails.

HB 2475   -  RE: Real Estate Tax-Charge in Lieu of Taxes- to amend Section 58.1-3401 to add, In lieu of imposing the service charge pursuant to subsections A, B, C, a locality may enter into an agreement with any owner of property exempt pursuant to Section 58.1-3600 for a service charge at a mutually agreed upon annual rate.

HB 2448   -  RE: Transportation Payments-Cities & Towns – to provide that 50% of maintenance payments would be made based on the number of moving-lane miles and the other 50% based on the ratio of vehicle miles traveled on highways in that locality to the total vehicle miles traveled on highways in Virginia.

SB 888; HB 1739RE: Civil Immunity – to add to Section 8.01-225 people, service providers, equipment providers, PSAP, or underlying service or equipment vendors of a PSAP.

SB 1014    -  RE: Water Public Utilities – to prohibit the SCC from authorizing a water public utility or service to increase rates, fees, charges through a surcharge for non-revenue generating infrastructure replacement or similar surcharge which the utility uses an automatic rate adjustment feature to increase its rates, fees, charges.

SJR 240; HJR 629  -  RE:  Charter Schools – a proposed Constitutional amendment to allow the State Board of Education to establish charter schools.

 HJR 577   -  Proposed Constitutional Amendment to allow the General Assembly to authorize a locality to reduce the assessed value of a property if public improvements result in a significant increase in the FMV.

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HB 1594   -  RE: Local Election Districts, Precincts – to amend Section 24.2-305 B. to include under “clearly observable boundary” any property line or subdivision boundary shown on an official property map of the locality.

SB 881      -  RE: VRS – to allow a person who has turned 62 to receive a retirement allowance from VRS and be employed in a VRS covered position – the VRS benefits would not be impacted before or after the employment.

SB 1181    -  RE: VRS-Retired Public Safety Employees – to allow them to be rehired in a covered position and not impact their benefits.

HB 1498   -  RE: Elementary School Class Sizes – to reduce the maximum class sizes in K-6th grades.

HB 1690   -  RE: Virginia Preschool Initiative – to eliminate the requirement for a local match.

HB 1757   -  RE: School Nurses – to require each division to employ at least 1 f-t equivalent school nurse position in each school, and at least 1f-t equivalent school nurse position/1,000 students in grades K-12.

SB 857      -  REConditional Rezoning/Proffers – to amend Section 15.2-2303.4E. to reduce from 3.0 to 2.0 the minimum floor area ratio necessary for exempting new residential development from proffers.

HB 1398   -  RE: Hate Crimes – to amend Section 52-8.5 to add criminal acts against law enforcement officers, firefighters and EMTs to hate crime statute.

SB 790      -  RE: Crimes Against Law Enforcement Officers, Firefighters, Emergency Personnel, Judges – to amend the capital murder definition, the malicious bodily injury statute such that the killings/injuries, and assault & battery statute would qualify whether or not it was for the purpose of interfering with performance of official duties.

HBs 1808, 2437; SB 1275  -  RE: Procurement-Construction – to allow public bodies to procure construction on a best value procurement basis using a numerical scoring system, which is set out in the bill.

HB 1880   -  RE: Procurement-Competitive Negotiation for Professional Services – to allow a public body to negotiate with the top 2 firms simultaneously as long as the process is set forth in the RFP and nonbinding estimates of total project costs are not discussed at the discussion stage.

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HJR 634   -  RE: Elected School Boards – a proposed Constitutional amendment to allow the General Assembly to authorize any elected school board to impose a real estate tax.

HB 2173   -  RE: Grades K-12-Science – to establish maximum class size of 24 in Science Lab classes.

HJR 705   -  RE: Permitting Process in Localities – A resolution to express the sense of the General Assembly that localities be encouraged to develop a more uniform and streamlined permitting process; to encourage VML & VACO to take the lead in developing a model application and permitting process using best practices from around Virginia.

HB 2392   -  RE: Procurement-Construction – to eliminate competitive sealed bids as preferred method of construction procurement.

HB 2401   -  RE: FOI Act-Closed Meetings – to require minutes of closed meetings, separate from the minutes of the open meeting; to require an audio recording of the entirety of every closed meeting using a means that fully captures and can clearly reproduce all statements made.

SB 1515    -  RE:  Entry Doors – to allow localities to require any property owner to install manual entry door hardware in any building located in a jurisdiction where such fitting is affordable and readily achievable – not historic buildings.

SB 1485    -  RE: State Tax Credits – to sunset a variety of State Tax credits on 1-1-22, including: Historic Rehab tax credit, Agricultural BMP tax credit, Livable Home tax credit, Farm Wineries and Vineyards tax credit, Day-Care Facility Investment tax credit, Biodiesel and Green Diesel Fuels Producers tax credit, Riparian Forest Buffer Protection for Waterways tax credit and other Agricultural and Conservation-Related tax credits.

SB 1526    -  RE: Reports of Income Data – to provide that in lieu of statements of income and expenses, owners of income-producing properties may furnish to assessors other documents relevant to the valuation of the property, including tax returns or other relevant documents.

HB 1458   -  RE: Courtroom Security Fees – to increase the fee on criminal and traffic cases from $10 to $20.

HB 1564   -  RE: State Regulations – to establish the Division of Regulatory Management within the Department of Planning & Budget to develop and maintain a baseline of all state regulatory requirements.  This division would have to approve any proposed regulatory requirement before it can be enacted; to create the Red Tape Reduction Commission to review and recommend regulations that could be reduced/eliminated.

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SJR 248; HJR 627 - RE: More Lottery Money to Localities – to direct JLARC to look at how more Lottery money could be allocated to localities – look at small reduction in prizes, operation costs and other issues.

HB 1733   -  RE: Removal of Public Officials – A Re-write of procedures for removing an officer – Procedures for petitions, by courts, or recall election.

HB 1435   -  RE: Screening of VIEW Participants – to require the Virginia Department of Social Services to develop a pilot program for screening VIEW participants for use of illegal substances.

HB 1501   -  RE: Sales Tax – to conform Virginia’s law to the Streamlined Sales & Use Tax Agreement, effective 7-1-18.

HB 1502   -  RE: Communications Sales & Use Tax – to provide that the sales price shall be reduced by any separately identified universal- service fund fees.

HB 1967   -  RE: VRS Hybrid Retirement Program – to make a number of modifications to the employer and employee contributions.

HB 1841   -  to establish the Virginia Veteran Entrepreneurship Grant Program & Fund.

HB 1902   -  RE: Public-Private Transportation Act and Public-Private Education Facilities and Infrastructure Act – to require that private entities requesting approval to develop and operate a qualifying project under these acts include an economic impact analysis identifying any potentially adverse economic or revenue impacts that a potential comprehensive agreement may have on all affected localities or public entities; to provide that if the analysis determines that an affected locality may have adverse economic or revenue impacts from the prospective comprehensive agreement, such affected locality shall be given reasonable opportunity to consult with the parties about mitigating those impacts and the comments/consultation shall be given consideration.  Each public entity would certify in writing its compliance.

HB 2052   -  RE: Funds for Instructional & Support Personnel – to add new language- Section 22.1-98.3 to declare that it is state policy that school boards struggling to attract and retain qualified personnel shall receive funds for that purpose, in addition to the other state education funding.

HB 1897; SB 1529 - RE: Zoning-Aquaculture – to add Section 15.2-2307.2 to provide that any aquaculture use on a property that at the time was agricultural, but on which zoning has changed, shall be a valid nonconforming use; to amend Chapter 435 of the 2014 Acts of Assembly that expanded the definition of agricultural products to add, 3.  That the provisions of this act amending Section 15.2-2288 of the Code are declaratory of existing law.

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HB 1900   -  RE: Dogs – to amend Section 3.2-6538 to provide that a dog shall be deemed to be running at large while it is roaming, running or self-hunting off its owner’s property and not under immediate control; to provide that no owner shall permit a dog to run at large on the land of another after being given notice- in writing or by signs being placed.  Violators to be subject to a civil penalty of $100/dog, $250 for 2nd or subsequent occurrence.  Enforcement by animal control, conservation police, law enforcement officers.  Penalty paid to locality-money to be used for animal control. Law will not apply west of the Blue Ridge Mountains.

HBs 2122, 2170 - RE: Joint & Cooperative Procurement – to amend Section 2.2-4304 to allow such procurement on construction projects exceeding $200,000.  HB 2170 proposes a $500,000 amount.

HB 2124   -  RE: Eminent Domain – to provide that any locality or petitioner who can enter a property without permission must pay just compensation set at $100 to the landowner in advance of entering- if landowner wants more he can seek more in circuit court.

HB 2223   -  RE: FOI Act - to require that when public bodies post notice of meetings, the notice must state the approximate point during the meeting when public comment will be received; to require every public body to provide opportunity for public comment during any open meeting and the public comment period must be on the agenda; it allows for reasonable rules including reasonable restrictions on time, place and manner of public comment.

HB 2213   -  RE: TANF Benefits – to reduce the maximum time period during which VIEW participants can receive TANF benefits from 24 months to 12 consecutive months, then the participant would be ineligible for 12 consecutive months thereafter; to provide that no VIEW participant shall be eligible for TANF benefits for more than 24 months total during his or her lifetime.

HB 2104   -  RE: Machinery & Tools Tax – to require that they be assessed at FMV and to allow the Commissioner to use depreciated cost or any other method that may be reasonably expected to determine FMV.  If requested by the taxpayer, the Commissioner shall take into account the condition of the property, obsolescence, and any other factors.  It seeks to give the Tax Commissioner authority to interpret valuations pursuant to Subsection B involving bona fide, independent appraisals of M&Ts presented by the taxpayer to the Commissioner of the Revenue.  To require that in any appeal on valuation of M&T, a copy of any appraisal submitted to the Commissioner of the Revenue must be submitted, along with the Commissioner’s comments.  If the appeal is before the Tax Commissioner, the response of the Commissioner of the Revenue shall identify any statement of fact submitted by the taxpayer that he or she believes to be false and provide what he or she believes to be correct and the reasons.  The bill includes a lengthy, detailed outline of what can be involved/considered in an appeal.