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2004 SESSION

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Senate Committee on Local Government

Chairman: Frederick M. Quayle

Date of Meeting: February 10, 2004
Time and Place: 2:00 p.m. Senate Room B GAB

H.B. 24

Patron: Landes

Rudee Inlet Authority. Repeals the 1960 act that created the Rudee Inlet Authority. The authority has reportedly long been dormant and its duties have been taken over by various city offices of Virginia Beach. This is a recommendation of the Virginia Code Commission.

H.B. 53

Patron: Sherwood

Charter; City of Winchester. Increases the term of school board members from three to four years.

H.B. 56

Patron: Cox

Charter; City of Colonial Heights. Shifts city elections for the council and school board from May to November. Those currently in office shall have their terms extended by six months.

H.B. 57

Patron: Councill

Charter; City of Franklin. Increases the salaries of school board members from $1,000 to $4,000 and the school board chairman from $1,500 to $5,000.

H.B. 58

Patron: Louderback

Luray-Page County Airport Authority. Provides for the establishment of the Luray-Page County Airport Authority.

H.B. 75

Patron: Landes

Damage stamp program. Repeals the 1948 Act of Assembly that required a person to obtain a one-dollar damage stamp to hunt bear or deer in Craig County. This bill is a recommendation of the Virginia Code Commission.

H.B. 141

Patron: Louderback

Referendum in Page County on election of the county chairman from the county at large. Provides that the circuit court of the County shall order a referendum on the question of whether there should be a chairman of the county board of supervisors elected at large. If a majority of the qualified voters voting in such referendum vote in favor of the election of a county chairman of the board of supervisors from the county at large, beginning at the next general election for the board of supervisors, the county chairman shall be elected for an initial term of two years and thereafter for a term of four years.

H.B. 216

Patron: Athey

Affordable housing. Adds Fauquier County to those localities with authority to provide for an affordable housing dwelling unit program under § 15.2-2304 rather than the general law provisions.

H.B. 240

Patron: Nutter

Regional Industrial Facility Authority. Grants localities in which a facility owned by an authority is located greater flexibility to direct that tax revenue collected with respect to the facility shall be remitted to the authority.

H.B. 241

Patron: Nutter

Charter; Town of Christiansburg. Provides that the mayor and no member of the town council during his tenure of office as such shall be eligible to any remunerative office, position, or employment with the Town.

H.B. 249

Patron: Petersen

Charter; City of Fairfax. Provides that the Mayor and council members may be compensated in accordance with general law.

H.B. 300

Patron: Ware, R.L.

Donations by localities. Allows localities to make donations to any nonprofit organization providing recreational or daycare services to persons 65 years of age or older.

H.B. 417

Patron: Lingamfelter

Ready access to proffer cash payments and expenditures reports. Requires the local Conditional Zoning Index to provide ready access to all proffered cash payments and expenditures disclosure reports prepared by the local governing body for the Commission on Local Government. The bill also requires the local zoning administrator to update the Conditional Zoning Index annually and no later than November 30 of each year.

H.B. 434

Patron: Brink

County manager plan of government; budget, constitutional officers and easements. Amends the county manager plan of government (currently applying only to Arlington County) to (i) clarify the county manager's budget reporting duties, (ii) extend certain housing benefits to employees of constitutional officers, and (iii) grant the county manager authority to acquire certain temporary construction easements on behalf of the board.

H.B. 438

Patron: Suit

Abatement of nuisances; liens. Provides that charges imposed by municipalities related to abatement of nuisances shall constitute a lien against the property ranking on a parity with liens for unpaid local taxes. A locality may waive such liens in order to facilitate the sale of the property under certain circumstances.

H.B. 484

Patron: Cole

Reporting of gun sales. Repeals provisions that require a permit to sell or purchase guns in counties having a density of more than 1,000 persons per square mile. Also repealed are provisions that allow counties to require sellers of guns to furnish the names and addresses of gun purchasers to the circuit court clerk.

H.B. 533

Patron: Stump

Buchanan County Tourist Train Development Authority. Increases the membership of the authority's board from eight to 22 members and permits the authority to borrow money and to accept contributions, grants, and other financial assistance from any private person, foundation or financial institution.

H.B. 550

Patron: May

Charter; Town of Purcellville. Provides that if a council vacancy occurs prior to the mid-point of the term, there shall be an election at the next regular council election to fill the remaining two years of the term. Also, council is given authority to appoint an architectural review board, which shall be responsible for the review and implementation of architectural design standards for all commercial and overlay districts.

H.B. 559

Patron: Marrs

Charter; Chesterfield County. Provides that the County shall have the power to create or modify certain assessment districts for local improvements. For any such assessment district created after January 1, 2003, the Board may provide for the payment of an assessment of costs for improvements, or of any installment due pursuant to § 15.2-2413 of the Code of Virginia, to be suspended when any owner who occupies a residential building located on the property is 65 years of age or older. However, when the property is no longer occupied by a property owner who is 65 years of age or older, the suspension of payments shall cease and the entire assessment, including accrued interest, shall be immediately due and payable.

H.B. 601

Patron: Dudley

Inspection of water supplies. Removes the requirement that localities test the public water supply for the presence of methyl tertiary-butyl ether (MTBE). MTBE is a synthetic compound used as an oxygenate in reformulated gasoline (RFG) to help reduce air pollution, and has been found to enter the water supply by leaking from faulty underground storage tanks.

H.B. 683

Patron: Rapp

Industrial development authorities. Adds James City County to the list of localities that may refer to its industrial development authority as an economic development authority.

H.B. 714

Patron: Oder

Zoning adjacent to military installations. Provides that every locality in whose jurisdiction a military base, military installation or military airport exists shall by ordinance provide that for any proposed rezoning that is within 3,000 feet of such base, installation or airport, the planning department shall give notice of such proposed rezoning to the commander of the base, installation or airport. The notice shall be given at least 30 days prior to the planning commission hearing and shall request that the commander submit written comments or recommendations to the planning commission regarding the suitability of the zoning proposal in view of its proximity to the base, installation or airport. The planning commission and governing body shall consider, but not be bound by, the comments or recommendations of the commander.

H.B. 715

Patron: Oder

Provisions of a subdivision ordinance. Clarifies provisions related to conveyance of easements to franchised cable television operators and public service corporations.

H.B. 737

Patron: Dudley

Water and sewage systems. Adds Franklin County to those counties with authority to require connection to their water and sewage systems by owners of property that may be served by such systems and to the list of localities that may by ordinance provide that taxes or charges imposed for water or sewers or use thereof within or outside the locality shall be a lien on the real estate served by such waterline or sewer.

H.B. 744

Patron: Stump

Virginia Coalfield Economic Development Authority. Expands the powers of the Authority to engage in economic development marketing and business attraction activities and to pay from the Authority's funds any and all expenses incurred in connection with such economic development marketing and business attraction activities.

H.B. 823

Patron: Drake

Charter; City of Norfolk. Amends the charter by (i) granting authority to create design overlay districts, (ii) clarifying the meeting times of council, and (iii) making changes to the status of certain employees reporting to the city manager.

S.B. 123

Patron: Watkins

Transportation impact fees for certain counties. Provides that any county that has been granted a charter by the General Assembly (currently includes Chesterfield, James City and Roanoke) may by ordinance enact reasonable provisions for the assessment of impact fees on new residential development for the purpose of mitigating the effect of such new development on the locality's transportation infrastructure. Any such fees shall be payable at the time of issuance of any building permit. No impact fee shall be assessed if the owner has made proffers of cash for roads or constructed off-site improvements that mitigate the transportation impact from such development but such fees may be assessed to the extent that such proffers and improvements do not mitigate such impact.

S.B. 124

Patron: Watkins

Charter; City of Richmond. Amends the city's charter to provide for the direct election of the Mayor. At the November 2004 election, and every four years thereafter, a general election shall be held to elect the Mayor. The person receiving the most votes in each of at least five of the nine City Council districts shall be elected. Should no one be elected, a run-off election shall be held between the two persons receiving the highest total of votes citywide. The person receiving the most votes in each of at least five of the nine City Council districts shall be elected. An elected term shall run four years. Anyone eligible to serve on City Council may serve as Mayor except no one may be elected Mayor for three consecutive terms. The Mayor shall appoint the Chief Administrative Officer subject to the advice and consent of a majority of the members of City Council. The Chief Administrative Officer shall be responsible solely to the Mayor and serve at the pleasure of the Mayor. The Mayor will be a full-time position with salary and expenses set by the City Council.

S.B. 534

Patron: Stosch

Road impact fees. Adds Henrico County (described by form of government) to those localities that may utilize road impact fees. Also, an obsolete sunset provision is deleted.