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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 29, 2013
Time and Place: 1/2 Hr. After Adjournment, Senate Room B

S.B. 821 Bristol Virginia Utilities Authority; grants Authority "quick take" condemnation powers.

Patron: Puckett

Bristol Virginia Utilities Authority; eminent domain. Grants to the Authority the "quick take" condemnation powers that are currently available to the Virginia Department of Transportation.

S.B. 844 Courthouse repair; certain counties may appoint committee to examine court facilities.

Patron: Carrico

Courthouse repair. Provides that counties with a population of less than 75,000 may by ordinance appoint a committee to examine court facilities and to report whether the court facilities are insecure, out of repair, or otherwise pose a danger to the health, welfare, and safety of court employees or the public. The committee shall consist of the following: two members of the board of supervisors, two judges from the locality, the clerk of the circuit court, the attorney for the commonwealth, the treasurer, the commissioner of the revenue, a designee from the county bar association, a representative of the town in which the court is located, if any, a local architect, and a local engineer. If the committee makes a recommendation for repairs of, renovation to, or building of a courthouse to the board and the board approves the recommendation by majority vote, the county may issue a request for proposals. Failure of the county to follow committee recommendations from the report shall result in a new committee report being considered within two years. Failure to approve the recommendations from the second report provided shall result in the court entering an order under the currently established process.

S.B. 850 Low-income and disabled customers; discounted fees and charges for water and sewer.

Patron: Stuart

Discounted fees and charges for certain low-income and disabled customers. Provides that any locality by ordinance may develop criteria for providing discounted water and sewer fees and charges for low-income and disabled customers.

S.B. 1029 Planning and zoning; local commissions.

Patron: Reeves

Planning and zoning; effects of development on military installations. Requires local planning commissions to consider the effects of development on military installations. The bill requires a local planning commission to cooperate with the commander of any military installation that will be affected by development and permits a governing body to appoint an additional nonvoting member to its planning commission to represent a local installation.

S.B. 1089 Health insurance; program for local government employees and other political subdivisions of State.

Patron: Watkins

Health insurance program for local government employees and other political subdivisions of the Commonwealth. Removes the authority of centers for independent living and area agencies on aging to join the Local Choice Plan for their employees because private employees are not permitted to participate in a public health plan that enjoys ERISA reporting exemptions under federal law. The bill also makes technical changes to remove obsolete provisions.

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. 1253 Smoking; localities to ban in designated public parks, etc.

Patron: Northam

Smoking in certain public areas. Allows localities to ban smoking in designated public parks, public beaches, and similar outdoor public areas.

S.B. 1314 Local boundaries for law-enforcement; organizing for purpose of 911 dispatch and response.

Patron: Puckett

Local boundaries for law-enforcement purposes. Provides that localities may designate mutually agreed-upon boundary lines between contiguous localities for purposes of organizing 911 dispatch and response, determining territorial jurisdiction in criminal cases, and clarifying issues related to coverage under workers' compensation and risk management laws.

S.B. 1336 Boundary adjustments; notice to affected landowners.

Patron: Black

Boundary adjustments; notice. Provides that all affected landowners shall be given notice of a proposed voluntary boundary adjustment. The bill authorizes landowners to file a petition to intervene in the action under certain circumstances.

S.B. 1341 Renewable energy facilities, certain; exemption from local zoning and land use regulations.

Patron: Saslaw

Renewable energy facilities; exemption from land use regulations. Exempts certain electrical generation facilities powered by renewable sources of energy from local zoning and land use requirements. The exemption applies to a facility that is owned by an electric utility, has a capacity of at least four megawatts, is on a parcel of at least 25 acres, and has received all required approvals and permits from the State Corporation Commission and environmental regulators.

S.B. 1343 Charter; City of Fairfax.

Patron: Petersen

Charter; City of Fairfax. Increases the maximum transient occupancy tax that the city may levy from four percent to six percent. Any amount above four percent shall be placed into an economic development opportunity fund to be used solely for economic development, marketing, or tourism initiatives.

S.B. 1347 Southwest Virginia Health Authority; to issue bonds to further establishment of nonprofit hospital.

Patron: Puckett

Southwest Virginia Health Authority. Clarifies the definition of "hospital or health center" by adding references to dental facilities. The bill also adds provisions related to the authority of an industrial development authority to issue bonds in furtherance of the establishment of a nonprofit hospital or health center.

S.B. 1352 Protective helmets; ordinance to require every person wear when riding or being carried on bicycle.

Patrons: Vogel, Barker

Protective helmet ordinance. Provides that any locality may by ordinance require that every person shall wear a commercially manufactured protective helmet whenever riding or being carried on a bicycle, a skateboard, or roller skates on any publicly owned skate park facility. Violation of any such ordinance shall be punishable by a fine of $25. However, such fine shall be suspended under certain conditions. Violation of any such ordinance shall not constitute negligence or assumption of risk or be considered in mitigation of damages of whatever nature, be admissible in evidence, or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation of any bicycle, skateboard, or roller skates, nor shall the provisions of the bill change any existing law, rule, or procedure pertaining to any civil action.

S.B. 1358 Water and sewer system; adds Gloucester County to counties requiring connection by property owners.

Patron: Norment

Water and sewer system connections. Adds Gloucester County to those counties that may require connection to their water and sewage systems by owners of property that may be served by such systems; however, those persons having a domestic supply or source of water and an adequate system for the disposal of sewage shall not be required to discontinue their use, but may be required to pay a connection fee, a front footage fee, and a monthly nonuser service charge.