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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
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Developed and maintained by the Division of Legislative Automated Systems.
2013 SESSION
Chairman: Ralph K. Smith
Clerk: Nick Galvin, Tyler Trumbo
Staff: Jeffrey Sharp, Scott Meacham
Date of Meeting: February 12, 2013
Time and Place: Tuesday, 1/2 Hr. After Adjournment, Senate Room B
Patron: Farrell
Local government audit; Auditor of Public Accounts. Allows a local governing body to request an audit from the Auditor of Public Accounts at any time upon a majority vote, with the expense of the audit to be borne by the locality.
Patron: Farrell
Amendment of service district boundaries. Allows localities to amend service district boundaries after notice and a public hearing.
Patron: Ransone
Charter; Town of Kilmarnock. Amends the Town's Charter of 1952, as amended, regarding the Town's boundaries; the service of council members appointed to fill vacant seats; the authorities of the town manager and the director of public utilities; the use of electronic meeting minutes; and other matters. The amendments clarify the duties and terms of service of the town clerk and town treasurer and reduce the proportion of council members who must vote to set the salaries of council members from two-thirds of the full membership to a majority of those in attendance. The bill also strikes antiquated provisions from the charter, such as provisions dealing with the operation of a workhouse, the appointment of special policemen, and the storage of gunpowder, and makes technical amendments.
Patron: Pogge
Zoning provisions for temporary family health care structures. Amends requirements governing zoning ordinances for temporary family health care structures by altering the occupancy restriction to allow a married couple, under certain conditions, to reside in a temporary family health care structure; and extend the time by which a temporary family health care structure must be removed from 30 to 60 days from the date on which the temporary family health care structure was last occupied by a mentally or physically impaired person receiving or in need of assistance.
Patron: Bell, Richard P.
Charter; Town of Monterey. Enacts a charter for the Town of Monterey in Highland County, repealing the former charter of 1952, as amended. The charter describes the powers and boundaries of the town; provides for a mayor and town council and sets a schedule for their elections; provides for the appointment of a town clerk and sets out his duties; and establishes the powers of the council, including the powers to create policing arrangements, provide punishments for violations of ordinances, and levy taxes. The charter also contains general provisions addressing the authority of the town and other matters.
Patron: Hodges
Financing for repairs to failed septic systems. Authorizes a locality, by ordinance, to create a loan program to enable the repair of property owners' failed septic systems. Any such ordinance is required to describe the arrangement of the loan program, including any partnership with a planning district commission, and is permitted to provide for the repayment of the loan through water or sewer billings, real property tax assessments, or other billings. The bill authorizes other features of a loan program and permits a locality to set a minimum ownership interest or minimum level of proof of ownership of the property for situations in which it is extremely difficult or impossible to identify all of the people who have an ownership interest in the property.
Patron: Wright
Charter; Town of Chase City. Increases salary caps for the mayor and members of town council. The bill also removes outdated provisions related to a municipal court.
Patron: Scott, E.T.
Cutting of grass and weeds. Adds the Town of Orange to the list of localities permitted to provide by ordinance for the cutting of grass and weeds on occupied property.
Patron: Ward
Charter; City of Hampton. Updates provisions related to the initial meeting of council and the election of the school board.
Patron: Bulova
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.
Patron: Dance
Cutting of grass; Dinwiddie County. Adds Dinwiddie County to the list of localities that may enforce a grass-cutting ordinance on occupied property. The existing general provisions apply to vacant property only.
Patron: Minchew
Local endowment for certain libraries. Provides that the Town of Leesburg by ordinance may establish an endowment fund for the purpose of supporting a library owned or operated by the town. The endowment may receive all gifts, grants, or contributions designated for inclusion in the endowment. No part of the endowment shall revert to the general fund of the locality. The endowment shall be established and administered by the governing body of the locality or by a nonprofit entity created or approved by the governing body for such purpose.
Patron: Garrett
Agreements for consolidation or cooperation of police departments; private police departments. Allows localities to enter into recoprocal agreements with private police departments that are certified by the Department of Criminal Justice Services.
Patron: Webert
Regulation of child care services and facilities in certain counties. Provides that local ordinances governing child care services and facilities shall not provide for inclusion of the child care provider's own children or any children who reside in a home in which child care services are offered in the total number of children for whom care is provided.
Patron: Dance
Vacant building registration. Increases the maximum annual registration fee that a local ordinance may impose on the owner of a vacant building from $25 to $100. The bill increases the civil penalty for failing to register a building from $50 to $200 and raises from $250 to $400 the maximum civil penalty for failing to register a building that is located in a designated conservation and rehabilitation district or in an area designated as blighted.
Patron: Minchew
Local arts and cultural districts; tax incentives. Permits a locality to include the 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.
Patron: Minchew
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.
Patron: Ransone
Discounted fees and charges for certain low-income and disabled customers. Provides that certain localities by ordinance may develop criteria for providing discounted water and sewer fees and charges for low-income and disabled customers.
Patron: Johnson
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.
Patron: Iaquinto
Municipal deed restrictions on certain property in Virginia Beach. Provides that certain deed restrictions shall include the ability to enter into public-private partnerships with nonprofit entities that provide services for the benefit of veterans and disabled persons.
Patron: Stolle
Charter; City of Norfolk. Shifts the election cycle for the mayor by providing that the person elected mayor at the 2014 election shall be elected for a term of two years only.
Patron: Anderson
Comprehensive plan; transportation. Provides that the Department of Transportation shall provide written comments on the locality's transportation plan within 45 days or such shorter period of time as agreed to by the parties.
Patron: Toscano
Subdivision ordinances; City of Charlottesville, sidewalk construction fund option. Authorizes the City of Charlottesville to alter its subdivision ordinance regarding the requirement that a developer construct a sidewalk along the property under development. The bill permits the City of Charlottesville to give developers the option of contributing funds equal to the cost of constructing the required sidewalk to a city-run sidewalk construction fund for use anywhere in the city.
Patron: Toscano
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.
Patron: Loupassi
Richmond Metropolitan Authority; composition of Board of Directors; powers. Equalizes board representation among the City of Richmond, Chesterfield County, and Henrico County. The bill also requires that certain actions of the Authority related to construction or acquisition of limited access highways receive approval from the local governing bodies.
Patron: BaCote
Cutting of grass; notice. Adds the City of Hampton to existing provisions related to regulation of the cutting of grass and provides that one notice per incident or per growing season shall constitute reasonable notice to property owners.
Patron: Knight
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.
Patron: Knight
City of Bedford reversion; taxation of real property that becomes part of Bedford County. Requires Bedford County to impose real property taxes on property that becomes part of the County as a result of the reversion of the City of Bedford to town status. The property is to be taxed for a short tax year running from the date of the reversion, July 1, 2013, through December 31, 2013. The bill permits property owners to apply for taxation on the basis of use assessment. The bill declares an emergency exists and it is effective upon passage.
EMERGENCY
Patron: Joannou
City of Bedford reversion; special election for certain council members. Requires a special election for members of council for any town that, on July 1, 2013, is both created by a transition from city to town status and enlarged by annexing territory into the town. In an election held on the Tuesday after the first Monday in November 2014, a council member is to be elected to fill the unexpired portion of the term of each council member whose term extends beyond December 31, 2014. The bill provides that no such election is to be held unless the annexation increases the population of the town by more than five percent. The bill also requires the town to conduct a census in order to determine whether the annexation has in fact increased its population by more than five percent.
Patron: Villanueva
Law-enforcement officers; exceptions to territorial limits. Provides that whenever the necessity arises for the enforcement of laws related to kidnapping, police officers and other officers, agents, and employees of a locality, Capitol Police officers, and campus police may be sent beyond their territorial limits.
Patron: Lingamfelter
Local budgets; discretionary items. Provides that the itemized contemplated expenditures in a local budget shall include any discretionary funds to be designated by individual members of the governing body and the specific uses and funding allocation planned for those funds by the individual member.
Patron: Knight
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 consult with the commander of any military installation that will be affected by development.
Patron: Rust
Notice of sale of certain residential property. Amends current provisions that require localities in Planning District 8 (Northern Virginia) to be given notice when residential property is subject to a sale under a deed of trust to make those provisions applicable statewide and requires notice to be given within 60 days after the sale of the property. The bill also requires common interest community associations to be given such notice when such property is located within a common interest community.
Patron: James
Charter; City of Portsmouth. Changes the date for the closing of the polls in an election 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.
Patron: James
Voluntary economic growth-sharing agreements; Port of Virginia Economic and Infrastructure Development Zone. Allows localities located within the Port of Virginia Economic and Infrastructure Development Zone to enter into a voluntary economic growth-sharing agreement without the review of the Virginia Commission on Local Government.
Patron: May
Vesting of certain real property in the County of Loudoun. Vests real property of the former Town of Waterford in the County of Loudoun. The Board of Supervisors may alter or vacate streets, alleys, and other public rights of way of the former town.
Patron: Peace
Local application process; condemnation. Provides that no locality shall condition or delay the timely consideration of any application for or grant of any permit or other approval for any real property over which it enjoys jurisdiction for the purpose, expressed or implied, of allowing the locality to condemn or otherwise acquire the property or to commence any process to consider whether to undertake condemnation or acquisition of the property.
Patron: Herring
Law-enforcement officers; grounds for decertification. Provides that no person who becomes a law-enforcement officer on or after July 1, 2013, may have been convicted of or pled guilty or no contest to any misdemeanor involving moral turpitude, including petit larceny, any misdemeanor sex offense, or any domestic assault. Additionally, any certified law-enforcement officer who has been convicted of or pled guilty or no contest to any such crime shall be decertified by the Criminal Justice Services Board.
The bill additionally requires a sheriff, chief of police, or agency administrator to notify the Criminal Justice Services Board in writing when any certified law-enforcement officer or jail officer who is currently employed is convicted of or pleads guilty or no contest to certain crimes. Notice is also required when a law-enforcement officer or jail officer resigns or is terminated in advance of a pending drug screening or conviction of an offense that requires decertification. Upon receiving notice, the Criminal Justice Services Board shall decertify such officer.
Finally, the bill allows for the Department of Criminal Justice Services to waive decertification requirements for good cause.
Patron: Cole
Local grievance procedure. Removes the requirement that both parties must approve the locality's use of an administrative hearing officer in lieu of a three-person panel during the final step of the grievance procedure.
Patron: Marshall, D.W.
Fee for solid waste disposal; exemption. Provides that Pittsylvania County may impose a fee for solid waste disposal in part to purchase or subsidize the purchase of equipment used for the collection of solid waste. The bill also provides that in Pittsylvania County the fee (i) may only be levied upon persons whose residential solid waste is disposed of at a county landfill or county solid waste collection or disposal facility and (ii) shall not be levied upon persons whose residential waste is not disposed of in such landfill or facility if such nondisposal is documented by the collector or generator of such waste as required by ordinance of the county. The bill also allows Pittsylvania County to provide for an exemption from such fees for certain disabled veterans.
Patron: Yost
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 and clarifying issues related to coverage under workers' compensation and risk management laws.
Patron: Morefield
Grass cutting; Town of Cedar Bluff. Adds the Town of Cedar Bluff to the list of localities that may, by ordinance, have agents or employees of the locality cut grass and weeds cut from occupied property and charge the cost to the property owner.
Patron: Marshall, D.W.
Recorded plats and final site plans. Provides that a site plan shall be deemed final once it has been reviewed and approved by the locality if the only requirements remaining to be satisfied in order to obtain a building permit are the submission of any other administrative documents, agreements, deposits, or fees required by the locality in order to obtain the permit. The bill also amends a 2012 act by adding an enactment that clarifies the validity of previous extensions of valid plats and site plans.
Patron: Marshall, D.W.
Cash proffers. Provides that cash proffers shall not be used for any capital improvement to an existing facility that does not expand facility capacity or for any operating expense of an existing facility such as ordinary maintenance or repair.
Patron: Putney
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.
Patron: Johnson
Charter; Town of Coeburn. Clarifies that the town council may appoint certain town officers.
Patron: Knight
Cash proffers. Provides that a locality may waive certain written notice requirements in order to reduce, suspend, or eliminate outstanding cash proffer payments for residential construction calculated on a per-dwelling-unit or per-home basis that have been agreed to, but unpaid, by any landowner.
Patron: Rush
Mountain ridge construction. Clarifies that localities have flexibility to define by ordinance the height of "tall buildings and structures" for purposes of mountain ridge construction regulation.
Patron: Morefield
Charter; Town of Richlands. Provides a new charter for the town. The bill updates references to the Code of Virginia, provides gender neutrality, and corrects outdated provisions.
Patron: Villanueva
City of Virginia Beach; sports or entertainment arena. Gives the City of Virginia Beach rights similar to those that had been given in the past to the Hampton Roads Sports Facility Authority in constructing an arena for professional sports teams or for conferences and entertainment events. Among those rights is the authority to (i) issue bonds to construct an arena and (ii) receive state income tax and sales tax revenue that is attributable to an arena, to repay the bonds.
Patron: Bulova
Regional strategic plans. Provides that in planning districts in which regional planning is conducted by multi-state councils of government, each planning district commission may prepare a regional strategic plan for the guidance of the district.