LEGISLATIVE REPORT #5

January 19, 2019 

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

 

ADMINISTRATION OF GOVERNMENT

HB 2715   -  Del. Nick Rush, Montgomery County – RE: Collection of Fines, Costs, Forfeitures Penalties & Restitution – to amend Section 19.3-349 to transfer responsibility for these collections from the Commonwealth’s Attorneys to the Virginia Department of Taxation.

IN HOUSE COMMITTEE FOR COURTS OF JUSTICE

SB 1708    -  Sen. John Edwards, Roanoke – RE: Law Enforcement Officers Procedural Guarantee Act – to amend Section 9.1-504 D. to change “recommendation” to “decision” and declare that the decision of the hearing panel shall be final and binding; to authorize either party to petition the circuit court for an order requiring implementation of the hearing panels’ final decision.

IN SENATE COMMITTEE FOR COURTS OF JUSTICE

HB 2148   -  Del. Riley Ingram, Hopewell – RE: Election Ballots – to amend Section 24.2-613 to provide that the names of all candidates to appear on the ballot shall be in the same font, size and style.

IN HOUSE COMMITTEE ON PRIVILEGES & ELECTIONS

HB 2736; SB 1783Del. Tim Hugo, Sen. Jennifer Boysko, Fairfax Co. – RE:  Local Employee Grievance Proceduresto amend Section 15.2-1507 to provide that if agreement cannot be reached between the employee and locality on whether to use a panel hearing or hearing officer, the 3-person panel shall be used.  If an impartial panel hearing is selected, it shall consist of one approved by the grievant, one by the agency head, and a third selected by the first two.  If th e2 parties select an administrative hearing officer for the final step, that officer shall be appointed by the Executive Secretary of the VA Supreme Court.  The locality shall cover the hearing officers’ costs.

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

HB 2772 – Del. Rob Bell, Albemarle Co. – RE:  Government Employee Salaries – to add Section 2.2-2906 that any officer, employee described in Section 2.2 – 2905 is entitled to forswear all or part of his official salary or rate of pay.  Any benefits to which he or she is entitled shall be calculated on the basis of the person’s actual salary, not on the amount prior to the election to forswear.

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IN HOUSE GENERAL LAWS COMMITTEE

HB 2806 – Del. Dave LaRock, Loudoun Co. – RE:  Codification of Ordinances – to amend Sections 15.2-1429 & 1433 to require localities to codify all ordinances in permanently bound or loose-leaf form, or in an online format so as to be easily accessed.  IT also provides that a person

Subject to an action by a locality for an ordinance violation is entitled to assert an affirmative defense that the ordinance was not codified, and therefore the locality failed to provide adequate notice to the public of the contents of the ordinance.

IN HOUSE COUNTIES, CITIES & TOWNS COMMITTEE 

ECONOMIC DEVELOPMENT

SB 1732 – Sen. Frank Ruff, Mecklenburg Co. – RE:  Major Employment & Investment (MEI) Commissionto add episodic television series offered incentives in the aggregate amount of $10+ million to the list of projects that the MEI Commission must review.

IN SENATE RULES COMMITTEE

HB 2726 – Del. Matthew James, Portsmouth – RE:  Workforce Development Boards – to require each board to develop strategies for engaging opportunity youth (16-24 yrs old who are homeless, in foster care, or in the justice system, or not gainfully employed or in an educational institution) and placing them on pathways to education, training, and careers.

IN HOUSE GENERAL LAWS COMMITTEE

HB 2779 – Del. James Edmunds, Halifax Co. – RE:  Enterprise Zones – to increase the max number of zones from 30 to 50; to allow the Governor to renew an EZ designation for an additional 5 yrs. In very distressed localities.

IN HOUSE COUNTIES, CITIES & TOWNS COMMITTEE

SB 1785 – Sen. Ryan McDougle, Hanover Co. – RE:  Enterprise Zones – to allow three 5-year extensions on EZs, rather than 2.

IN SENATE LOCAL GOVERNMENT COMMITTEE

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EDUCATION

SB 1702    -  Sen. Bill Stanley, Franklin County – RE: School Building Repairs-Roofs – to create the Public School Assistance Fund & Program to provide grants to local school boards solely for repairing or replacing roofs of public schools-priority given to those with greatest need and ability to pay.

IN SENATE EDUCATION & HEALTH COMMITTEE

HB 2720   -  Del. Wendy Gooditis, Clarke Co. - RE: Public School Security – to amend the Public School Equipment Grant Act of 2013 provide that the definition of “Security Equipment” includes building modifications and fixtures such as security vestibules.

IN HOUSE EDUCATION COMMITTEE

SB 1093 – Sen. Ruff – RE:  School Modernization – Literary Fund – to create a Literary Fund Subfund called School Modernization Subfund, to be used to subsidize interest payments by localities & school boards on VA Resources Authority loans and other approved sources for school construction/modernization.  Sales tax collected from remote sellers to go in subfund.

IN SENATE FINANCE COMMITTEE

HB 2775 -  Del. Sam Rasoul, Roanoke – RE:  Community Schools – to direct the Dept. of Education, in consultation with Communities in Schools of VA to develop & distribute to each local school division by 11-1-2019 guidance on best practices for local school divisions to transition existing schools to community schools.  Guidance to include best practices for removing non-academic barriers to learning as a means to enhance student academic success.

IN HOUSE RULES COMMITTEE

HB 2780 – Del. Hala Ayala,         - to establish the STEAM Education Fund, which would make grants to qualified schools (25% or more children qualify for free or reduced lunch) to operate a STEAM program, which may be offered in concert with a STEAM organization or a private for-profit company.  Grant to be up to $50,000/qualified school per year.

IN HOUSE APPROPRIATIONS COMMITTEE

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ENVIRONMENT

SB 1743 – Sen. Amanda Chase, Chesterfield County – RE:  Coal Ash Management – to prohibit construction of any landfill or impoundment for the storage of coal combustion residuals (CCRs) in the Chesapeake Bay Watershed and requires the closure of all existing CCR units by 2023 – includes detailed requirements and timelines.

IN SENATE AGRICULTURE, CONSERVATION & NATURAL RESOURCES COMMITTEE

HB 2786 – Del. Riley Ingram, Hopewell – RE:  Coal Combustion Residuals Impoundments – 

Same as SB 1355 (Report #4).

IN HOUSE AGRICULTURE, CHESAPEAKE & NATURAL RESOURCES COMMITTEE

SB 1761 – Chesterfield Co. – RE:  Landfills – to amend Section 10.1-1408.1B. to add subsection 10 to provide that for new swim facility permits or for permit modifications to allow expansions or capacity increases, the application shall include certification from the governing body for each locality within a 5-mail radius of the facility granting approval of the facility.

IN SENATE AGRICULTURE, CONSERVATION & NATURAL RESOURCES COMMITTEE

LAND USE

SB 1699    -  Sen. Mark Peake, Lynchburg – RE: Subdivision & Zoning-Sidewalks – to add language in Sections 15.2-2241 & 2286 to allow a local ordinance to include provisions allowing a subdivider/developer the option of (i) dedicating land for and constructing a sidewalk as may be required by the locality; or (ii) contributing funds equal to the cost of the land dedication and sidewalk construction on the property to a Sidewalk Fund administered by the locality.

IN SENATE LOCAL GOVERNMENT COMMITTEE

SB 1762 – Sen. Sturtevant – RE:  Solid Waste Management Facilities – Traffic Impact – to amend Section 15.2-2222.1 to require a locality to submit to VDOT a traffic impact analysis for any proposed rezoning application for a new solid waste management facility.

IN SENATE LOCAL GOVERNMENT COMMITTEE

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TAXATION

HB 2705   -  Del. Bob Bloxom, Eastern Shore – RE: Historic Rehab Tax Credit – to amend Section 58.1-339.2C.2. to remove the sunset date of 1-1-2019 so that the $5 million cap on the amount that a taxpayer may claim in any taxable year continues with no sunset date.

IN HOUSE FINANCE COMMITTEE

HB 2801; SB 1767 – Del. Emily Brewer, Suffolk; Sen. Frank Wagner, VA Beach  – to impose Sales Tax on Remote Sellers – this is a narrower bill- would impose on sellers who have more than $250,000 in annual gross revenue from VA.

IN HOUSE & SENATE FINANCE COMMITTEES

SB 1770 – Sen. Creigh Deeds, Charlottesville – to increase the Gas Tax statewide by 3% and repeal the regional gas taxes in NOVA and Hampton Roads.

IN SENATE FINANCE COMMITTEE

Budget Amendments of Interest Introduced by Crater District Legislators

Del.  Aird

  1. Language amendment to establish a School-Based Health Centers Joint Task Force.

Sen. Dance also introduced.

  1. Language to direct the Dept. of Education, in cooperation with Communities in Schools in VA to provide every school division with guidance on how to transition existing schools to Community Schools,
  1. $37.95 million to increase TANF cash benefits by 10% on 7-1-2019 and to establish annual COL adjustments until the standards of assistance equal 50% of the federal poverty level.
  1. $13.8 million for bicycle/pedestrian walkway on University Avenue from Patton Park in Petersburg to VA State University – a Gateway Project.

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Del. Brewer

  1. $518,000 in state funds, plus matching federal funds, to require local social services depts. To request placement of a security freeze on the credit report of any child who has been in Foster Care for at least 6 mos.

Del. Carr

  1. Direct the Dept. of Education to implement a 10-yr. plan to realign use of the Literary Fund for only non-recurring school capital project grants by funding all VRS costs with GF dollars.   Sen. Sturtevant also introduced.

Del. Ingram

  1. For Constitutional Officers Commissioners of the Revenue – a) Restore funds for 132 positions underfunded due to budget reductions; b) restore 20% of 171 positions completely unfunded due to earlier budget reductions.  Sen. Ruff introduced a. & b.; Del. Tyler introduced b.  c) provide funds for an additional 1.5% salary increase for commissioners of the revenue & their f-t employees (current budget has a 2% raise in it); d) funds to cover increases necessary for qualified career development program participants in commissioners’ offices.  Treasurers – to restore 20% of funding for positions underfunded or completely unfunded due to prior yr. budget reductions.
  1. $2.8 million this yr & next to increase operation & maintenance funding for state parks.
  1. $100,000 for Weston Plantation.
  1. Add $7.94 million in this yr. & next to increase HB 599 Funds.
  1. $600,000 for FOLAR for Appomattox River trails development. Sen. Dance also introduced.
  1. Eliminate the transfer of $2.0 million from the Communications Sales & Use Tax Trust Fund to the GF.

Del. McQuinn

  1. To increase from $1.5 million to $2.0 million the funds for the Teacher Residency Partnerships for Petersburg, Richmond & Norfolk schools.  Sen. Dance, Sen. Sturtevant also introduced.

 

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Del. Ware

  1. $8.1 million to add 241 additional law enforcement deputies to reach the 1:1500 population ratio.
  1. Add $2.3 million to enable funding of 100% of salaries & mileage expenses for  Registrars & Electoral Board members – currently funded at 69.71%.

Del. Tyler

  1. Provide $120,000 to Citizens United to Preserve Greensville County Training School.

 

Sen. Dance

  1. Add $3.5 million to enable a salary adjustment for Registrars.  Their compensation level would come to the same level at Treasurers.
  1. K-12 Funding – At-Risk Add-On – provide $28.5 million to increase the percentage range from 1-16% to 1-20%
  1. VA Preschool Initiative – to add $2 million to increase per pupil allocation to $6500 (full day) and $3,350 (half day).
  1. SOQ Funding – Add $177.1 million to alter the state-local funding responsibilities via the Composite Index to 57% - STATE/43% LOCAL.
  1. Water Quality Improvement Grant of $5.0 million to South Central Wastewater Authority for costs of mandatory wwtf upgrades.
  1. Increase Battlefield Preservation Fund from $1.5 million to $2.5 million.

Sen. McClellan

All of Sen. McClellan’s amendments of interest to this region relate to K-12 Funding:

  1. Change the ratio for Assistant Principals to 1:400 Students - $112.1 million to fund state share.
  1. To ensure full funding for 1 Principal/Elementary School. Small schools (300 or less) are partially funded.   $8.0 million.

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  1. Change ratio for School Nurses to 1:550 students.  Add $2.0 million for state share.
  1. Change ratio for School Social Workers to 1:1,000 students.  Add 51.1 million for state share.
  1. Change ratio for School Psychologists to 1:1,000 students.  Add $44.9 million for state share.
  1. Add $180,000 this yr. and $296,000 next yr. for K-3 Class Size Reductions.
  1. Add $357 this yr. and $369 million next yr. in Direct Aid funding to eliminate the cap on the current number of state-funded support positions (1:4.27 instructional positions).

Sen. Norment

  1. RE:  Body Worn Cameras  - to require localities with police depts. Using body worn cameras to fund one additional Asst. Commonwealth’s Atty for every 75 such cameras employed.  Also, the police dept. and Commonwealth’s Atty will be required  to report to the Comp Board quarterly on the no. of hours of footage, by felonies, misdemeanors, traffic offenses; no. of hours spent in redacting video; and other data requested by the Comp Board.
  1. Add $2.0 million to make available $2.5 million for the Library of VA for State Aid to Local Libraries to be used Summer Reading Materials/Programs or STEAM instructional materials.
  1. Study the Taxation of Tobacco Products with an eye toward modernization/reform in order to provide fairness & equity for all local governments.
  1. Reduce the penalty for Marijuana Possession to a fine of no more than $500 and make a 1st offense violation that has been deferred and dismissed eligible for expungement.  Those seeking expungement would pay a fee of $300, $150 for State Police and $150 for Heroin & Opioid Epidemic Fund.

Sen. Ruff

  1. Add $522,000 to ensure that every Circuit Court Clerk’s office will have 3 F-T, fully funded positions.
  1. VA Jobs Investment Program – to increase from $2.67 million to $5.67 million.

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  1. Commonwealth Center for Advanced Manufacturing - $2.5 million, $1.0 million for research on matching basis and $1.5 million for secured line of credit issued by the Tobacco Commission.
  1. Southeast Rural Community Assistance Project - $1.6 million – operating funds and water & wastewater grants.   Del. Tyler also introduced.
  1. Establish VA Communities Gateway Program at  DHCD - $2.51 million – to provide services, grants targeting small business development and redevelopment of commercial districts.  Examples:  streetscape improvements, community engagement, business cluster planning, community business launch competitions, place-making grants.
  1. Enterprise Zones – increase funding from $13.5 million to $17.6 million in each yr.
  1. Increase VA Brownfields Restoration & Economic Development Assistance Fund in current yr. from $2.25 million to $4.95 million.
  1. School Construction – Make available $55.3 million for Interest Rate Buy-Down.