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2013 SESSION

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Senate Committee on Local Government

Chairman: Ralph K. Smith

Clerk: Nick Galvin, Tyler Trumbo
Staff: Jeffrey Sharp, Scott Meacham
Date of Meeting: January 22, 2013
Time and Place: 1/2 Hr. After Adjournment, Senate Room B, GAB

S.B. 688 Charter; City of Portsmouth.

Patron: Lucas

Charter; City of Portsmouth. Changes the deadline for the filing of a petition nominating a candidate for the office of Mayor or City Council member from the first Tuesday in June to the second Tuesday of June of the year of election. The amendment also moves the deadline for appointing a campaign treasurer from the first to the second Tuesday of June and makes the technical change of allowing the circulation of petitions to begin on January 1, as permitted by the Code of Virginia, rather than on the first Tuesday in January.

EMERGENCY

S.B. 744 Derelict nonresidential structure; demolition by locality.

Patron: Black

Demolition of a derelict nonresidential structure with consent. Authorizes a locality to demolish or remove a derelict nonresidential structure and to file a lien against the property for the cost of the demolition or removal. The bill requires the locality to obtain the written consent of the property owner for such demolition or removal and prohibits the use of the authority to remove a building that is located in a local historic district or individually designated as a historic landmark.

S.B. 764 Smyth County; added to list permitted to charge for water and sewer shall be a lien on real estate.

Patron: Carrico

Smyth County; ordinance providing that charges for water and sewer shall be a lien on real estate. Adds Smyth County to the list of localities permitted to provide by ordinance that charges for water and sewer shall be a lien on the real estate served by such waterline or sewer.

S.B. 765 Legal notices; advertisement on websites by Towns of Damascus and Glade Spring.

Patron: Carrico

Advertisement of legal notices on websites by the Towns of Damascus and Glade Spring. Allows each of the Towns of Damascus and Glade Spring to publish required legal notices on the locality's website instead of advertising them in a newspaper having a general circulation in the locality.

S.B. 788 Charter; Town of Clintwood.

Patron: Puckett

Charter; Town of Clintwood. Updates the boundary description in the charter of the Town of Clintwood. Other changes include removing or updating references to outdated town officers, removing outdated provisions related to the mayor's powers, revising council salary provisions, and removing and updating outdated town powers.

S.B. 819 Tourist Train Development Authority; created.

Patron: Puckett

Tourist Train Development Authority. Reinstates the Authority and its board, repealed by the General Assembly in 2011, which will consist of representatives from the governing bodies of Tazewell County, the Town of Bluefield, and the Town of Pocahontas; four citizen members from Tazewell County; and two legislators. The Authority's powers are similar to those that other authorities possess. The Authority may also cooperate with any private or governmental entity in the state of West Virginia in the development of a tourist train.

S.B. 842 Charter; City of Hampton.

Patron: Locke

Charter; City of Hampton. Updates provisions related to the initial meeting of council and the election of the school board.

S.B. 939 Charter; City of Salem.

Patron: Smith

Charter; City of Salem. Provides that no primary elections shall be held for nomination of candidates for the office of councilman. The bill also provides that all candidates for the office of councilman shall file their notice of candidacy and be nominated only by petition in the manner prescribed by the general laws of the Commonwealth and that candidates for council shall not be identified on the ballot by political affiliation.

S.B. 1040 Charter; Town of Bedford

Patron: Newman

Charter; Town of Bedford. Creates a charter for the Town of Bedford, formerly the City of Bedford. The charter describes the incorporation, boundaries, and powers of the new town; provides for the administration, government and financial administration of the town through its mayor, council, and town manager; and contains general provisions addressing the continuance of the government of the former city and other matters.

S.B. 1065 Local arts and cultural districts; tax incentives.

Patron: Herring

Local arts and cultural districts; tax incentives. Permits a locality to include the reduction or rebate of real estate property taxes among the tax incentives it makes available in an arts and cultural district established by ordinance. Current law provides for reductions in three other types of taxes or fees as examples of permissible incentives.

S.B. 1073 Attorney; fees in certain land use cases.

Patron: Obenshain

Attorney fees in certain land use cases. Provides that a court, in addition to any other relief provided, and for good cause, may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action successfully challenging an ordinance, administrative act, or other local action related to planning, subdivision of land, zoning, or other land use activity.

S.B. 1121 Water and waste authorities; rates.

Patron: Ruff

Water and waste authorities; rates. Clarifies the ability of a water or waste authority to fix rates for services that are furnished by a refuse collection and disposal system. The bill expands the list of rate-setting powers that require a public hearing by adding the rate-setting power found in subdivision 10 of § 15.2-5114, a power that includes the establishment of incentives for green roofs. The bill combines the two parallel processes found in current law for the setting of rates for sewage disposal and refuse collection, and it reduces the period for publication of notice of a rate-setting hearing from 60 days to 14 days. Finally, the bill provides that no rate established before January 1, 2013, shall be invalidated because of a failure to provide the required public notice. The bill also makes technical changes.

S.B. 1124 Local government records; clarifies authority of Auditor of Public Accounts.

Patron: Ruff

Auditing of local government records. Clarifies the authority of the Auditor of Public Accounts (APA) and the type of audit that shall satisfy the annual audit requirement for localities and constitutional officers. The bill provides that the completion of an audit by the APA per § 30-134 shall satisfy the requirement stipulated by § 15.2-2511 that each locality have its accounts and records audited by an independent certified public accountant. The bill also clarifies that the authority of the APA to audit accounts only when special circumstances require or fraud is suspected is not exclusive but rather exists in addition to the other auditing authority of the APA.

S.B. 1198 Charter; City of Falls Church.

Patron: Saslaw

Charter; City of Falls Church. Allows the city to set the tax year for real estate, tangible personal property, and machinery and tools by ordinance.

S.B. 1226 Cash proffers; extends from 7 to 12 years time by which locality must begin utilization.

Patron: Stuart

Zoning; cash proffers. Extends from 7 to 12 years the time by which a locality must begin utilization of cash proffers. The bill also removes the requirement that when cash proffers are used for alternative improvements, such improvements must be used in the same vicinity as the initial improvements.

S.B. 1245 Charter; City of Manassas Park.

Patron: Colgan

Charter; City of Manassas Park. Provides that the city may set its school calendar based on several criteria related to Advanced Placement exams, students qualifying for free or reduced meals, and students receiving English for speakers of other languages (ESOL) services.

S.B. 1282 Vacant building; adds Town of Clifton Forge to localities requiring building owner registration.

Patron: Deeds

Vacant building registration. Adds the Town of Clifton Forge to those localities with authority to require the owner or owners of buildings that have been vacant for a continuous period of 12 months or more to register such buildings on an annual basis and to impose an annual registration fee not to exceed $25 to defray the cost of processing such registration. Failure to register shall be punishable by a $50 civil penalty.

S.B. 1283 Virginia Recreational Facilities Authority Fund; established.

Patron: Newman

Virginia Recreational Facilities Authority Fund. Establishes the Fund with the purpose of assisting in the financing of the Authority's operations.