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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2006 SESSION
Chairman: Frederick M. Quayle
Clerk: Carol Lynne Shotton
Staff: Jeffrey Sharp, Kevin Stokes
Date of Meeting: February 28, 2006
Time and Place: 2:00 p.m. Senate Room B GAB
Patron: Hogan
County ordinances; discharge of firearms and hunting. Provides that a county may prohibit by ordinance hunting, the discharge of firearms, and the discharge of arrows from bows within one-half mile of a subdivision or in an area so heavily populated as to make hunting dangerous. However, no ordinance regulating the discharge of firearms or bows may be more restrictive than an ordinance concerning hunting. Any ordinance adopted after January 1, 2005 concerning the discharge of firearms or hunting that is more restrictive than the provisions of the act is invalid.
A BILL to amend and reenact § 15.2-1210 of the Code of Virginia and to repeal § 15.2-1209 of the Code of Virginia, relating to hunting and the discharge of firearms.067275324
Patron: O'Bannon
Hospital authorities. Attempts to standardize powers and duties concerning hospital authorities, specifically the Chesapeake Hospital Authority, Patrick Hospital Authority, Richmond Eye and Ear Hospital Authority, all authorities created under Chapter 53 (§ 15.2-5300 et seq.) of Title 15.2, and all hospital or health center commissions created under Chapter 52 (§ 15.2-5200 et seq.) of Title 15.2. The bill also amends the current exemptions for such hospital authorities under the Virginia Public Procurement Act. The bill contains technical amendments.
A BILL to amend and reenact §§ 2.2-4345, 15.2-5201, 15.2-5202, 15.2-5204, 15.2-5205, 15.2-5301, 15.2-5307, and 15.2-5339 of the Code of Virginia; to amend and reenact §§ 2, 7, 7.1, and 7.2 of Chapter 271, of the Acts of Assembly of 1966, as amended; to amend §§ 2, 3, and 4 of Chapter 742 of the Acts of Assembly of 1970, as amended; to amend §§ 2, 7, 7.1, and 7.2 Chapter 242 of the Acts of Assembly of 2000, as amended; and to amend the Code of Virginia by adding in Chapter 52 of Title 15.2 a section numbered 15.2-5219 and by adding sections numbered 15.2-5340.1 and 15.2-5340.2, relating to hospital authorities.067746440
Patron: Oder
Board of zoning appeals; variances. Provides that the property upon which a property owner has been granted a variance shall be treated as conforming; however, the board may impose conditions that prevent an expansion of the use or structure.
A BILL to amend and reenact § 15.2-2309 of the Code of Virginia, relating to board of zoning appeals; variances.065509444
Patron: Toscano
Grievance procedure; Albemarle County utilizing an administrative hearing officer rather than panel. Allows Albemarle County to utilize an administrative hearing officer rather than a three-member panel to hear cases involving employee grievances.
A BILL to allow the use of an administrative hearing officer to hear employee grievances in Albemarle County.067545525
Patron: Hurt
Former cities of Clifton Forge and South Boston. Updates Code references to the former cities of Clifton Forge and South Boston to reflect their new town status. Except as provided herein, this bill simply deletes any reference to "Clifton Forge" or "South Boston" because the counties in which they are situated (Alleghany and Halifax, respectively) are also mentioned in the same amended sections. Also except as provided herein, this bill does not amend the Code to say "Town of Clifton Forge" or "Town of South Boston" because the amended Code sections do not reference any other town in Alleghany or Halifax County. This bill, however, changes all references from "city" to "town" in §§ 15.2-6202, 15.2-6203, 15.2-6209, 15.2-6210, and 15.2-6214 to preserve the General Assembly's intent of fostering economic cooperation between the localities of Alleghany County and the former city/Town of Clifton Forge. Moreover, because the Code establishes the ninth congressional district according to counties, cities, blocks and precincts (and not towns), the bill adds language of "District 1, and District 2" to define those precincts that entirely comprise the former city/Town of Clifton Forge that is wholly situated within the ninth congressional district.
A BILL to amend and reenact §§ 2.2-2609, 15.2-6202, 15.2-6203, 15.2-6209, 15.2-6210, 15.2-6214, 16.1-69.6, 17.1-500, 17.1-506, 22.1-354.1, 24.2-302.1, 24.2-303.1, 24.2-303.2, 24.2-304.01, and 55-288.1 of the Code of Virginia, relating to the former cities of Clifton Forge and South Boston.067511132
Patron: Hurt
Board of zoning appeals decisions. Provides that the findings and conclusions of the board of zoning appeals on questions of fact are presumptively correct. The bill also directs the circuit court to review the board of zoning appeals' application of the law and determine whether the appealing party sustained the legal burden of proof required in a civil case on appeal from the general district court.
A BILL to amend and reenact § 15.2-2314 of the Code of Virginia, relating to board of zoning appeals' decisions.060884520
Patron: Hurt
Expenses incurred in responding to DUI or other traffic incidents. Authorizes a locality to provide, by ordinance, that a person convicted of violating a DUI or other traffic statute shall be liable at the time of sentencing to the locality, or volunteer fire or rescue squad, or both, for reasonable expenses incurred by such locality, or volunteer fire or rescue squad, or both, when providing an appropriate emergency response to any accident or incident related to such violation. Currently, the Code authorizes a locality to provide that a person convicted of violating a DUI or other traffic statute shall be liable in a separate civil action for such reasonable expenses incurred.
A BILL to amend and reenact § 15.2-1716 of the Code of Virginia, relating to expenses incurred in responding to DUI or other traffic incidents.064412340
Patron: Dudley
Conditional zoning. Provides that localities may accept proffered conditions once a public hearing has begun if the amended proffers do not materially affect the overall proposal.
A BILL to amend and reenact §§ 15.2- 2297, 15.2-2298 and 15.2-2303 of the Code of Virginia, relating to conditional zoning.066646298
Patron: Orrock
Additional method for subdivision of a lot for conveyance to a family member. Allows a locality to include in its subdivision ordinance provisions permitting a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner, if (i) the property has been owned for at least 15 consecutive years by the current owner or member of the immediate family and (ii) the property owner agrees to place a restrictive covenant on the subdivided property that would prohibit the transfer of the property to a nonmember of the immediate family for a period of 15 years. The locality may require that the subdivided lot is no more than one acre and otherwise meets any other express requirement contained in the Code of Virginia or imposed by the local governing body.
A BILL to amend the Code of Virginia by adding a section numbered 15.2-2244.1, relating to subdivision of lot for conveyance to family member.065454448
Patron: Rapp
Removal of certain local board and commission members. Provides that a local governing body may remove, without limitation, any member of a local industrial development authority, planning commission, or wetlands board who misses any three meetings in a row, or any four meetings in any 12-month period.
A BILL to amend and reenact §§ 15.2-2212, 15.2-4904 and 28.2-1303 of the Code of Virginia, relating to the removal of certain appointed members of local boards and commissions.060759480
Patron: Landes
Electric authorities. Amends the Electric Authorities Act. An electric authority created by the Town of Elkton in which the Town is the authority's sole member is (i) subject to taxation only to the extent that the Town is subject to such taxation; (ii) subject to the provisions of the Virginia Personnel Act and the Virginia Public Procurement Act in the exercise of any power conferred under the Electric Authorities Act to the extent that such provisions would have applied to the Town of Elkton in the exercise of such power directly; and (iii) authorized to distribute electric energy for retail sale within the geographic area that was served as of January 1, 2006, by the Town of Elkton. In addition, the bill provides that the provisions of the Virginia Electric Utility Restructuring Act shall not apply to, or impair the exclusive territorial rights of, an authority created by the Town of Elkton in which the Town is the authority's sole member.
A BILL to amend and reenact §§ 15.2-5401 through 15.2-5403, 15.2-5405, 15.2-5406, 15.2-5409, 15.2-5423, 56-1, and 56-580 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 15.2-5405.1, 15.2-5406.1, 15.2-5406.2, and 15.2-5423.1, relating to electric authorities.067548376
Patron: Marshall, R.G.
Cash proffers; road improvements. Allows localities to award a contract to certain entities that are willing to construct a more extensive road improvement utilizing cash proffers of others as well as other available funds, upon a written determination by the governing body stating the basis for awarding one construction contract to extend the limits of the road improvement.
A BILL to amend and reenact § 15.2-2303.2 of the Code of Virginia, relating to cash proffers; road improvements.065482396
Patron: Barlow
High grass and weeds; civil penalty. Permits the City of Williamsburg to require that owners of occupied property cut grass, weeds and other foreign growth on the property and if a property owner, after reasonable notice, fails to do so the City may cut such grass, weeds or other foreign growth and the cost and expenses thereof shall be chargeable to and paid by the owner of the property.
A BILL to amend and reenact § 15.2-901 of the Code of Virginia, relating to cutting of grass and weeds in the City of Williamsburg.065489224
Patron: Ware, O.
Buildings that significantly threaten public safety. Provides that localities may take action to prevent unauthorized access to buildings that significantly threaten public safety within seven days of reasonable written notice.
A BILL to amend and reenact § 15.2-906 of the Code of Virginia, relating to a locality's power to secure buildings posing a significant threat to public safety.067518538
Patron: Bell
Mutual aid agreements. Allows all sheriffs to enter into mutual aid agreements. Current provisions apply only to sheriffs with primary law-enforcement authority.
A BILL to amend and reenact § 15.2-1736 of the Code of Virginia, relating to mutual aid agreements.065474232
Patron: Hull
Disclosures in land use proceedings. Provides an exception to the disclosure requirements in land use proceedings where the board of supervisors is the applicant and the application property involves more than 10 parcels under different ownership. The bill also clarifies that with respect to amendments of a zoning ordinance, the disclosure requirements apply only to zoning map amendments.
A BILL to amend and reenact § 15.2-852 of the Code of Virginia, relating to disclosures in land use proceedings.064407260
Patron: Hull
Preliminary plats. Requires certain preliminary plats to be forwarded to the appropriate state agency for review within five days of receipt by the locality.
A BILL to amend and reenact § 15.2-2260 of the Code of Virginia, relating to preliminary plats.065407336
Patron: Hargrove
Authority to cut grass. Adds Hanover County to the list of counties with authority to require that the owner of occupied residential real property cut the grass or lawn area of less than one-half acre on such property when growth on the grass or lawn area exceeds 12 inches in height. Hanover County may, after reasonable notice, have the grass or lawn area cut by its agents or employees, in which event the cost and expenses thereof shall be chargeable to and paid by the owner of the property and may be collected by the county as taxes and levies are collected.
A BILL to amend and reenact § 15.2-1215 of the Code of Virginia, relating to cutting grass in certain counties.063822320
Patron: Albo
Zoning; agricultural districts; farm wineries. Provides that production agriculture shall include the activities of a farm winery licensed in accordance with alcoholic beverage control law, including the making of wine and the conduct of activities having the purpose of promoting the sale of Virginia wines, including without limitation wine tastings, wine tasting lunches and dinners, musical presentations at which wine is marketed, and similar agritourism activities whether conducted in the vineyards or on the grounds of the farm winery, which activities are designed to increase agricultural sales at the farm winery and increase tourism in the Commonwealth. The bill provides that farm wineries are required to comply with any applicable local noise ordinance or setback requirements.
A BILL to amend and reenact § 15.2-2288 of the Code of Virginia, relating to zoning; agricultural districts; farm wineries.067730204
Patron: Athey
Proffered cash payments. Provides that a locality may accept proffered conditions if such locality has had population growth of five percent or more from the next-to-latest to latest decennial census year, based on population reported by the United States Bureau of the Census. In addition, the bill provides that a zoning ordinance may include and provide for the voluntary proffering in writing, by the owner, of reasonable conditions, including the payment of cash for any off-site road or transportation improvement that is adopted as an amendment to the required comprehensive plan and incorporated into the capital improvements program. The bill further provides that a locality may utilize any cash payments proffered for any road or transportation improvement that is incorporated into the capital improvements program as its matching contribution under the present revenue-sharing fund program for highway systems in certain counties.
A BILL to amend and reenact §§ 15.2-2298 and 15.2-2303.2 of the Code of Virginia, relating to proffers for road improvements.065493220
Patron: Frederick
Coordination of state and local transportation planning. Provides that prior to adoption of any comprehensive plan or amendment the locality shall submit such plan or amendment to the Department of Transportation for review and comment. The Department shall provide written comment on the proposed plan or amendment within 45 days of receipt thereof. Also, upon submission to a locality of an application for rezoning, the locality shall submit such application to the Department of Transportation within five days of receipt thereof. Such application shall include a traffic impact statement if required by the locality by ordinance. Within 30 days of its receipt of such application, the Department shall either (i) provide written comment on the rezoning application, or (ii) schedule a meeting, to be held within 60 days of its receipt of the application, with the local planning commission or other agent and the applicant to discuss potential modifications to the application to address any concerns or deficiencies. Furthermore, upon submission to a locality of a subdivision plat or a site plan or plan of development, the locality shall submit such plat or plan to the Department of Transportation in accordance with § 15.2-2260 within five days of receipt of the plat or plan. The bill also provides that a local comprehensive plan may include the designation of a planned system of new and expanded transportation facilities including, but not limited to, roads and highways and commuter rail lines, where appropriate.
A BILL to amend and reenact § 15.2-2223 of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered 15.2-2222.1, relating to coordination of state and local transportation planning065502303
Patron: Marshall, R.G.
Comprehensive plans and official maps; road improvements. Requires that the comprehensive plan shall be general in nature, in that it shall designate the general or approximate location, character, and extent of each road and transportation improvement shown on the plan. The bill also requires that the comprehensive plan include an official map that shall show road and transportation improvements, including the cost of such road and transportation improvements, which are sufficient to meet the current and future needs of residents in the locality while considering the current and future needs of the planning district within which the locality is situated. In addition, the local planning commission shall, in the preparation of a comprehensive plan, survey and study road and transportation improvements and the costs thereof. The local planning commission, in localities where no official map exists or where an existing official map is incomplete, shall make, or cause to be made, a map showing the location of every road and transportation improvement and any cost thereof.
A BILL to amend and reenact §§ 15.2-2223 and 15.2-2224 of the Code of Virginia, relating to comprehensive plans.067550396
Patron: Crockett-Stark
Vacant building registration. Allows the Town of Pulaski, in conservation and rehabilitation districts, to require the owner of a building that has been vacant for a continuous period of 12 months to register such building and charge a fee not to exceed $25. Failure to register may result in a civil penalty. The current provisions apply only to cities.
A BILL to amend and reenact § 15.2-1127 of the Code of Virginia, relating to vacant building registration.066560285
Patron: Hamilton
Capital improvement programs. Provides that a capital improvement program shall include estimates of cost of each road and transportation improvement adopted as an amendment to a locality's comprehensive plan.
A BILL to amend and reenact § 15.2-2239 of the Code of Virginia, relating to capital improvement programs.067551316