LEGISLATIVE REPORT #2

January 8, 2019

FROM:   Martha Burton                                        
(804) 861-1666
mburton@craterpdc.org

ADMINISTRATION OF GOVERNMENT

HB 1907: SB 1262-Del. Schuyler VanValkenburg, Henrico County; Sen. Glen Sturtevant, Richmond – RE: Local Government & School Division Expenditures – to add Section 15.2-2510.1 to require every locality with a population over 25,000, and every school division with over 5,000 students to post quarterly on their websites a register of all funds expended, showing vendor name, date of payments, amount, and a description of the type of expense, including credit card purchases.  Effective 7-1-2020.

IN HOUSE ____ & SENATE LOCAL GOVERNMENT COMMITTEES

HB 1916   -  Del. David Yancey, Newport News – to require provision of private space for employees to express breast milk for a nursing child- applies to state and its political subdivisions- Same as HB 1862.  (Report #1).

IN HOUSE ____________

HB 1918   -  Del. Chris Stolle, Virginia Beach – RE: Minimum Standards for Health Care Services in Local, Regional Jails – to amend Section 53.1-5 to add to duties of the Virginia Board of Corrections to establish minimum standards for health care services, including medical, dental, pharmaceutical, and behavioral health services in local, regional jails, and procedures for enforcing those minimum standards, with advice and guidance from the Commissioner of Behavioral Health & Development Services and the State Health Commissioner.  Each local, regional jail shall submit standardized quarterly continuous quality improvement reports documenting the delivery of health care services, along with any improvements to the Board of Corrections, to be made public on the DOC website.  These reports would be mandatory even if the jail is accredited by the American Correctional Association or National Commission on Correctional Health Care.

IN HOUSE ___________

HB 1921   -  Del. Jeffrey Bourne, Richmond – RE: Funds for School Capital Projects – to amend Section 22.1-100 and 100.1 to state that any school board may finance capital projects with any funds appropriated to it by the local governing body that are unexpended by the school board in any year.

IN HOUSE ___________

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SB 1202    -  Sen. Louise Lucas, Portsmouth – RE: Persons Incarcerated in Local/Regional Jails – to amend Section 53.1-5 to direct the State Board of Corrections promulgate rules and regs to ensure that these local/regional prisoners who are eligible be provided information on absentee voting and on restoration of civil rights and  voting rights.

IN SENATE REHABILITATION & SOCIAL SERVICES COMMITTEE

HB 1966   -  Del. Yancey – RE: Building Permits – to amend Section 36-105 D.1 and 2 to provide that if a building department denies a permit, the department shall provide a written explanation detailing the reasons for denial; to allow the applicant to submit a revised application addressing the reasons for the previous denial and, if such a revised application is submitted, the building department’s review would be limited to those portions of the revised application that were previously deemed inadequate and now revised.

IN HOUSE _________

HB 1969   -  Del. Karrie Delaney, Fairfax County – RE: School Board Funding – to amend Section 22.1-100. to provide that all local funds unexpended shall remain with the school boards for use in the next year.

IN HOUSE __________

HB 2002; SB 1191-Del. Lashrecse Aird, Sen. Rosalyn Dance, Petersburg – Hopewell Charter Bill.

IN HOUSE COUNTIES, CITIES & TOWNS & SENATE LOCAL GOVERNMENT  COMMITTEES

HB 2034   -  Del. John McGuire, III, Henrico County – RE: General Registrars – to provide for removal of registrars by the circuit court upon petition signed by a majority of State Board of Elections members or a majority of local electoral board members.

IN HOUSE _________

HB 2060   -  Del. Betsy Carr, Richmond – RE: Real Estate with Delinquent Taxes or Liens – Appointment of Special Commissioners – to increase the required assessed value of property for a locality to appoint a special commissioner to convey property with delinquent taxes or liens to the locality in lieu of a sale at public auction from $50,000 to $75,000 in all localities, EXCEPT a few cities including Hopewell and Petersburg where the required value would go from $100,000 to $150,000.

IN HOUSE ________

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SB 1248    -  Sen. Bryce Reeves, Fredericksburg – RE: Local Stormwater Fund.  Same as HB 1614 (Report #1).

IN SENATE LOCAL GOVERNMENT COMMITTEE

HB 2076   -  Del. Aird – Petersburg Charter Bill.

IN HOUSE COUNTIES, CITIES & TOWNS COMMITTEE

HB 2077   -  Del. Aird – RE: Local Audits – Localities must submit annual audits to the VA APA.  Same as HB 1866 (Report #1), but without the amendment relevant to towns.

IN HOUSE _________

ECONOMIC DEVELOPMENT

HB 1920   -  Del. Stolle – RE: New Economy Workforce Credential Grant Fund & Program – to amend Section 23.1-627.3 D.  Instead of on a first-come, first-served basis, priority for funding would go to institutions with noncredit workforce training programs in high-demand fields in which employer demand is currently unmet by the available workforce.

IN HOUSE _________

HJR 621   -  Del. Israel O’Quinn, Bristol – RE: Workforce Development – to direct JLARC to update its 2014 review of workforce training in Virginia with a new 2-Year study.  It is to include:  which entities are conducting workforce development activities, how much money is being spent, sources of money, which metrics can be used to determine effects of spending on wf development activities, and, based on metrics, who is producing best results.

IN HOUSE RULES COMMITTEE

HB 2003   -  Del. Aird – RE: Major Business Facility Job Tax Credit – to amend Section 58.1-439 to extend the Sunset Date for the credit to 1-1-2025; to require beginning this year, that the Virginia Tax Department publish information about companies using these credits:  location of sites, NAICS codes used for the facilities, no. of F-T employees for which a credit was claimed, total cost to the state’s General Fund.  It provides that this information shall be published in a manner that prevents ID of particular taxpayers.

IN HOUSE ________

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HB 2021   -  Del. Matthew James, Portsmouth – to reauthorize the Virginia Economic Development Incentive Grants and the Virginia Investment Partnership Act.

IN HOUSE _________

SB 1189    -  Sen. Dance – VA Grocery Investment Program & Fund – Same as SB 999 & HB 1858 (Report #1).

IN SENATE FINANCE COMMITTEE

EDUCATION

SB 1203; HB 2024   -   Sen. Richard Stuart, Northern Neck; Del. Kathleen Murphy, Fairfax County – RE: School Resource Officers – retired police officers can receive their retirement and serve as a resource officer.  Same as HBs 1631, 1765, SB 1023.

IN SENATE FINANCE & HOUSE APPROPRIATIONS COMMITTEES

SB 1207    -  Sen. Stuart – RE: School Protection Officers – to add Section 9.1-101 a definition of School Protection Officer – a retired law enforcement officer hired part-time by the local law enforcement agency to provide law enforcement and security services in Virginia public K-12 schools; to exempt these officers from the minimum training standards for law enforcement officers.

IN SENATE COMMITTEE FOR COURTS OF JUSTICE

SB 1258    -  Sen. Siobhan Dunnavant, Henrico County – to require school boards to employ 1 FTE licensed behavior analyst or licensed assistant behavior analyst per 5 schools in the school division.

IN SENATE EDUCATION & HEALTH COMMITTEE

SB 1264    -  Sen. Jill H. Vogel, Warrenton – RE: Children’s Services Act – to implement a pilot program in 2 local school divisions to identify resources, services and support required by students in those divisions who are now in private schools pursuant to their IEPs, and recommend a process for redirecting federal, state, local funds to the school divisions so that the student’s needs can be met there.

IN SENATE RULES COMMITTEE

HB 2006; SB 1195   -   Del. Aird; Sen. Dance – RE: School-Based Health Centers – to establish a School-Based Health Centers Joint Task Force to look at all facets and provide TA and guidance for interested localities- Report due 12-1-2019.

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IN HOUSE _______ & SENATE REHABILITATION & SOCIAL SERVICES COMMITTEES

HB 2053   -  Del. Delores McQuinn, Richmond – RE: School Counselors – to change the name of Guidance Counselors to School Counselors; to set forth required staffing ratios for school counselors.

IN HOUSE ________

SB 1214    -  Sen. Steve Newman, Lynchburg – RE: School Resource Officers – MOU between school boards and local law enforcement.  Same as HB 1733, SB 1130.

IN SENATE EDUCATION & HEALTH COMMITTEE

ENVIRONMENT

HB 1902   -  Del. Sam Rasoul, Roanoke – to establish the Solar Demonstration Projects Grant Program – a grant program to provide funding to churches, educational institutions and localities for installation and operation of solar photovoltaic energy generation systems.

IN HOUSE ________

SJR 265; HJR 620  -  Sen. Lucas, Del. James, Portsmouth – RE: Minimum Recycling Rate – to study a reduction of the minimum recycling rate for municipal solid waste in light of current market conditions.

IN SENATE & HOUSE RULES COMMITTEES

SB 1328    -  Sen. Emmett Hanger, Augusta County – RE: Stormwater Local Assistance Fund – to amend Section 62.1-44.15:29.1 to authorize DEQ, with approval of the Secretary of Natural Resources, to designate a portion of funds in the Fund to provide matching grants to localities that are not under MS4 permits for planning, design & implementation of stormwater BMPs- priority to be given to projects that are regional in scope.  DEQ shall develop criteria for local eligibility, shall seek input from VML, VACO, environmental organizations, public comment- to be complete in January 2020 for SWCB consideration.

IN SENATE AGRICULTURE, CONSERVATION & NATURAL RESOURCES COMMITTEE

HBs 2063 & 2064  -  Del. Carr – RE: Groundwater WithdrawalsHB 2063 provides that when the SWCB determines that surface water is reasonably available for use in a groundwater management area, the use of groundwater other than from the surface aquifer in the management area for purposes other than human consumption shall 

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be deemed waste; to prohibit issuance of a groundwater withdrawal permit to authorize the withdrawal of water that constitutes waste.

HB 2064 – to require any applicant for a groundwater withdrawal permit in the Eastern Virginia Groundwater Management Area who proposes to use 50% or more of the water to be withdrawn for human consumption to submit documentation of such use to the SWCB, which would have to do a technical evaluation to see if the withdrawal combined with existing legal withdrawals would lower water levels in any confined aquifer- addresses levels of aquifers, fees, documentation.

Both bills IN HOUSE AGRICULTURE, CHESAPEAKE & NATURAL RESOURCES

COMMITTEE

LAND USE

HB 1913   -  Del David Bulova, Fairfax County – RE: Subdivision Ordinances – to amend Section 15.2-2242 to allow any locality to include provisions requiring that where a lot being subdivided or developed fronts on an existing street and the provision of a sidewalk is in accord with the comprehensive plan, the locality may require the dedication of land for, and construction of, a sidewalk on the property.

IN HOUSE COUNTIES, CITIES & TOWNS COMMITTEE

SB 1260    -  Sen. Sturtevant – RE: Conservation Areas – to allow local planning commissions to designate an area as a conservation area. 

IN SENATE AGRICULTURE, CONSERVATION & NATURAL RESOURCES COMMITTEE

HB 2051   -  Del. McQuinn – RE: Cemeteries-Subdivision Ordinances – to allow provisions requiring research in local property records dating back at least to 1900 or to 1850 if records go back to 1850, in order to identify any cemetery reservation on the property prior to approval of subdivision or development plans; in a new Section 15.2-2242.1 the bill provides 3 new optional provisions of subdivision ordinances regarding Graveyards.

IN HOUSE _________

MISCELLANEOUS

HJR 649   -  Del. Riley Ingram, Hopewell – to designate December 5 each year as Susanna Bolling Day in Virginia.

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IN HOUSE RULES COMMITTEE

SB 1200    -  Sen. Dance – to increase the Minimum Wage.

IN SENATE COMMERCE & LABOR COMMITTEE

SJR 270    -  Sen. Dick Saslaw, Fairfax County – Ratify the Equal Rights Amendment.  Same as HJRs 577, 579, 583 (Report #1).

IN SENATE COMMITTEE ON PRIVILEGES & ELECTIONS

SB 1238    -  Sen. Chap Petersen, Fairfax – to authorize Sports Betting in Virginia- establish Virginia Sports Betting Department.  50% of revenue to locality in which it was generated; 45% to the Virginia Foundation for Community College Education Fund.

IN SENATE GENERAL LAWS & TECHNOLOGY COMMITTEE

HB 1984   -  Del. Joe Lindsey, Virginia Beach – RE: State Holidays – to designate Election Day as a State Holiday; remove Lee-Jackson Day.

IN HOUSE _________

SB 1199    -  Sen. Dance – RE: Employment – Applications/Interviews – to prohibit the state from asking about arrests, convictions (“Ban to Box”).  It would be permissive, not mandatory for localities.

IN SENATE GENERAL LAWS & TECHNOLOGY COMMITTEE

PUBLIC SAFETY

HB 1956   -  Del. David Toscano, Charlottesville – RE: Guns – to amend Section 15.2-915 to allow localities to prohibit guns in a public space during a permitted event or an event that would otherwise require a permit.

IN HOUSE ________

HB 1992   -  Del. Marcia Price, Newport News – RE: Guns – to amend Section 15.2-915 to allow localities to regulate possession of firearms in local government buildings.

IN HOUSE

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HB 1999   -  Del. Price – RE: Emergency Preparedness Information – to require the state and all local & interjurisdictional emergency management agencies to include in their Emergency Op Plan provisions to ensure that adequate and timely emergency relief assistance, including competent interpretation services and translated documents are provided to those with limited English proficiency, disabilities and those with special needs; to require that each local governing body required to establish an alert and warning plan for disseminating adequate and timely warnings in the event of emergency or threatened disaster ensure that the plan provides warnings to individuals with limited English proficiency, disabilities or special needs.

IN HOUSE ________

TAXATION

HB 1946   -  Del. Jeffrey Campbell, Marion – RE: Local Cigarette Tax – to allow any locality to impose provided money is used for school construction or improvements.

IN HOUSE FINANCE COMMITTEE

SB 1196; HB 2150   -   Sen. Dance; Del. Ingram – RE: Real Estate Tax Exemption for Elderly and Disabled – to amend Section 58.1-3210C. to add: “Dwelling” shall include an improvement to real estate exempt pursuant to this article and the land upon which such improvement is situated so long as the improvement is used principally for other than a business purpose and is used to house or cover a motor vehicle, household goods.

IN SENATE & HOUSE FINANCE COMMITTEES