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2008 SESSION

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Senate Committee on Local Government

Chairman: L. Louise Lucas

Clerk: Carol Lynne Shotton
Staff: Jeffrey Sharp, Kevin Stokes
Date of Meeting: January 22, 2008
Time and Place: 2:00 p.m. Senate Room B GAB

S.B. 20 Carbon monoxide detectors; locality to require installation in certain buildings.

Patron: Edwards

Carbon monoxide detectors in certain buildings. Provides that any locality may, by ordinance, require that carbon monoxide detectors be installed in the following structures or buildings: (i) any building containing one or more dwelling units, (ii) any hotel or motel regularly used or offered for or intended to be used to provide overnight sleeping accommodations for one or more persons, and (iii) rooming houses regularly used, offered for, or intended to be used to provide overnight sleeping accommodations.

A BILL to amend and reenact § 15.2-922 of the Code of Virginia, relating to carbon monoxide detectors in certain buildings.

088039228

S.B. 32 Libraries; localities may adopt an ordinance prohibiting firearms, etc. on premises.

Patron: Locke

Control of firearms; libraries.  Provides that localities may adopt an ordinance that prohibits firearms, ammunition, or components or combinations thereof in libraries that are owned or operated by the locality.

A BILL to amend and reenact § 15.2-915 of the Code of Virginia, relating to local control of firearms; libraries.

087888256

S.B. 33 Outdoor theaters, cabarets, etc.; localities may adopt an ordinance to prohibit firearms on premise.

Patron: Locke

Control of firearms; outdoor theaters, cabarets, carnivals, and fairs. Provides that localities may adopt an ordinance that prohibits firearms, ammunition, or components or combinations thereof at outdoor theaters, cabarets, carnivals, and fairs at which 500 or more persons are authorized to lawfully attend.

A BILL to amend and reenact § 15.2-915 of the Code of Virginia, relating to local control of firearms; outdoor theaters, cabarets, carnivals, and fairs.

087890256

S.B. 120 Blacksburg, Town of; authority to bring civil action for failure to provide adequate crowd control.

Patron: Edwards

Failure to provide adequate crowd control.  Expands existing authority to bring a civil action against a person who negligently fails to provide adequate security or crowd control at events that draw large crowds to include the Town of Blacksburg.

A BILL to amend and reenact § 15.2-1130 of the Code of Virginia, relating to adequate crowd control.

082227228

S.B. 166 Trees; replacement during development process in certain localities.

Patron: Lucas

Replacement of trees during development process in certain localities.  Reduces the maturity date from 20 years to 15 years. The bill also increases the mature canopy coverage from 20 percent to 30 percent for a residential site zoned 10 units or less per acre.

A BILL to amend and reenact § 15.2-961 of the Code of Virginia, relating to the replacement of trees during development process in certain localities.

088711260

S.B. 184 Advertisement of plans; descriptive summary.

Patron: Herring

Advertisement of plans; descriptive summary. Provides that a party's actual notice of, or active participation in, the proceedings for which certain advertisement is required shall waive the right of that party to challenge the validity of the plan or ordinance, or amendment thereof, due to the insufficiency of, or an error in, the advertisement. Also, no person mailed written notice pursuant to certain zoning ordinance amendments may challenge the validity of the plan or ordinance, or amendment thereof, due to the insufficiency of, or an error in, the advertisement.

A BILL to amend and reenact § 15.2-2204 of the Code of Virginia, relating to advertisement of plans.

080754240

S.B. 185 Impact fees; grants authority to high-growth localities.

Patron: Herring

Impact fees.  Grants general impact fee authority to "high-growth" localities. Any locality that includes within its comprehensive plan a calculation of the capital costs of public facilities necessary to serve residential uses may impose and collect impact fees to cover the costs of issuing permits for residential uses in amounts sufficient to defray all or part of the capital costs of public facilities related to residential development. Impact fees imposed and collected shall only be used for public facilities that are impacted by a particular development project; however, the fees may be used in the general area of the project.

A BILL to amend the Code of Virginia by adding in Chapter 22 of Title 15.2 an article numbered 10, consisting of a section numbered 15.2-2330, relating to impact fees.

080755240

S.B. 268 Affordable dwelling unit ordinance; permitting certain densities in plan in City of Charlottesville.

Patron: Deeds

Affordable Dwelling Unit ordinance; permitting certain densities in the comprehensive plan.  Authorizes the City of Charlottesville to provide in its comprehensive plan for the physical development within the city for densities of development ranging between a floor area ratio (FAR) of 1.0 (1.0 FAR) and a floor area ratio of 10.0 (10.0 FAR) or greater in some or all parts of the city. The bill authorizes the City of Charlottesville to establish affordable housing contributions from developers as a condition of the governing body's approval of a special exception application for residential, commercial, or mixed-use projects with a density equal to or greater than 1.0 FAR. Under the bill, the provisions of the ordinance would allow the developer to provide on-site Affordable Dwelling Units, off-site Affordable Dwelling Units, or a cash contribution to the city's affordable housing fund in lieu of providing the units.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2304.1, relating to affordable dwelling unit ordinances; permitting certain densities in the comprehensive plan.

088172220

S.B. 300 Dangerous weapons; governing body has authority to restrict in governmental facilities.

Patron: Whipple

Dangerous weapons in government facilities.  Provides that the governing body of any locality may, by ordinance, make it unlawful for any person to possess a dangerous weapon upon the property, including buildings and grounds thereof, of any facility that is owned or leased by that locality and used by it for governmental purposes.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-915.5, relating to the possession of dangerous weapons in facilities owned or leased and used by local governments.

088287324

S.B. 338 Public funds; payment for membership to professional associations in certain instances prohibited.

Patron: Cuccinelli

Public funds; payment for membership to professional associations in certain instances prohibited. Provides that no public funds may be used to pay for the membership of any employee in a professional association as a condition of employment unless membership in the professional association is required for the employee to maintain a professional or occupational license, certification, or registration that is directly related to the performance of official duties.

A BILL to amend and reenact § 2.2-2901 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-1508.5 and 15.2-1605.01, relating to use of public funds; payment for membership to professional associations in certain instances prohibited.

082370216

S.B. 349 Charter; City of Bristol. 

Patron: Wampler

Charter; City of Bristol.  Formalizes an agreement between the city and the TVA regarding electrical rates.

A BILL to amend and reenact § 8.06 as amended of Chapter 542 of the Acts of Assembly of 1990, which provided a charter for the City of Bristol, relating to the utilities board.

082033344

S.B. 393 Zoning ordinance; owner of residential building, etc. allowed to rebuild after natural disaster.

Patron: Martin

Variances; nonconforming uses.  Provides that a zoning ordinance shall permit the owner of any residential or commercial building damaged or destroyed by a natural disaster or other act of God to repair, to rebuild, or replace such building to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance. Under current law, if a residential or commercial building is damaged or destroyed by a natural disaster or other act of God, the zoning ordinance may require that such building be repaired, rebuilt or replaced to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance.

A BILL to amend and reenact § 15.2-2307 of the Code of Virginia, relating to variances; nonconforming uses.

081077268

S.B. 419 Cable television services; provision by localities in certain planning districts.

Patron: Puckett

Cable television services.  Provides that a municipality currently authorized to provide cable television services may offer such services within the geographic boundaries of Planning Districts 2 and 3. The bill further provides that any locality in either Planning District 2 or 3 may contract with, or issue a franchise to, any public or private provider of cable television services to provide the citizens of such locality with such cable television services.

A BILL to amend and reenact § 15.2-2108.11 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 21 of Title 15.2 an article numbered 1.3, consisting of a section numbered 15.2-2108.33, relating to the provision of cable services.

081151300

S.B. 467 Port Authority; establish trust to help offset its postemployment benefits liability.

Patron: Miller, Y.B.

VPA employee retirement benefits.  Enables the Virginia Port Authority to establish a trust to help offset its OPEB (other postemployment benefits) liability. The changes mirror changes made to VRS during the 2007 Session.

A BILL to amend the Code of Virginia by adding a section numbered 62.1-129.2, relating to the creation of a trust or equivalent arrangement to fund the cost of providing postemployment benefits for the employees of the Virginia Port Authority.

081164828

S.B. 471 Short-term real property rental businesses; taxation.

Patron: Hanger

Short-term real property rental businesses; taxation.  Clarifies that the short-term rental of dwellings to transients for less than 30 consecutive days is subject to state and local retail sales and use taxes and local license and transient occupancy taxes. Short-term rentals are rentals for which advertising has been used or for which the dwelling has been rented on numerous occasions during the calendar year as set forth in the bill.

A BILL to amend and reenact §§ 58.1-602, 58.1-3700.1, 58.1-3703, 58.1-3706, 58.1-3819, and 58.1-3840 of the Code of Virginia, relating to the short-term rental of dwellings.

082835232

S.B. 473 Resources Authority; authorized to finance park and recreation projects.

Patron: Hanger

Virginia Resources Authority; parks and recreation.  Authorizes the Virginia Resources Authority to finance park and recreation projects.

A BILL to amend and reenact §§ 62.1-198 and 62.1-199 of the Code of Virginia, relating to the Virginia Resources Authority; parks and recreation.

082841232

S.B. 505 Charter; Town of Bowling Green.

Patron: McDougle

Charter; Town of Bowling Green.  Amends the charter by: (i) providing for staggered four-year terms of office for the mayor and town council members; (ii) removing the salary cap for mayor and members of council; (iii) providing that the town council may employ a town clerk and a town treasurer rather than mandating that the town council appoint a town clerk and a town treasurer; (iv) clarifying the duties of the town clerk, town manager, and the town treasurer; (v) providing for a town attorney; (vi) providing that the town council may establish and maintain a police force and that the chief of police and the policemen and employees of such police force shall be under the control and supervision of the town manager; (vii) deleting outdated provisions; and (viii) making numerous technical changes. This bill contains an emergency clause.

A BILL to amend and reenact § 1 of Article I, § 1 of Article II, § 1, as amended, of Article III, § 1, as amended, of Article IV, § 1 of Article V, § 1 of Article VI, § 1 of Article VII, § 1 of Article VIII, § 1, as amended, of Article IX, § 1 of Article X, and § 1 of Article XI of Chapter 177 of the Acts of Assembly of 1948, which provided a charter for the Town of Bowling Green; and to amend Chapter 177 of the Acts of Assembly of 1948 by adding in Article III sections numbered 2 and 3, relating to Town of Bowling Green officers and elections.

083011272

EMERGENCY

S.B. 530 Crowd control; authority to bring civil action against person who negligently fails to provide.

Patron: Houck

Failure to provide adequate crowd control. Expands existing authority to bring a civil action against a person who negligently fails to provide adequate security or crowd control at events that draw large crowds to include all cities and towns.

A BILL to amend and reenact § 15.2-1130 of the Code of Virginia, relating to adequate crowd control.

080592244

S.B. 603 Charter; City of Williamsburg.  

Patron: Norment

Charter; City of Williamsburg.  Deletes the parenthetical definition of transient lodging as lodging for not more than 30 consecutive days.

A BILL to amend and reenact § 44.1 of Chapter 393 of the Acts of Assembly of 1932, as amended, which provided a charter for the City of Williamsburg, relating to transient lodging taxes.

086534284

S.B. 704 Gifts and donations by localities to certain nonprofit foundations. 

Patron: Puller

Gifts and donations by localities to certain nonprofit foundations.  Provides that a locality may make gifts and donations to nonprofit foundations established to support public programs and services provided by that locality. For the purposes of this bill, “donations” to any such foundation shall include the lawful provision of in-kind resources.

A BILL to amend and reenact § 15.2-953 of the Code of Virginia, relating to gifts and donations to certain nonprofit foundations.

084798324