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2019 SESSION

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Senate Committee on Local Government

Chairman: William M. Stanley, Jr.

Clerk: Chad Starzer
Staff: David Barry, Jeff Sharp
Date of Meeting: February 12, 2019
Time and Place: 30 minutes after adjournment, Senate Room A

H.B. 1614

Patron: Cole

Local Stormwater Management Fund; grant moneys. Authorizes any locality to provide by ordinance for the creation of a local Stormwater Management Fund (the Fund) for the purpose of granting funds to an owner of private property or a common interest community for stormwater management and erosion prevention on previously developed lands. The bill requires grants from the Fund to be used exclusively for construction, improvement, or repair of a stormwater management facility or for erosion and sediment control. The Fund shall exclusively comprise appropriated local moneys.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-958.7, relating to local Stormwater Management Fund; grant moneys.

19100149D

H.B. 1649

Patron: Fowler

Local boundary agreements. Allows all localities, in adopting a voluntary boundary agreement, to attach to their petitions to the circuit court a Geographic Information System (GIS) map depicting the boundary change. Under current law, such use of a GIS map is permitted only regarding the boundaries of certain named localities.

A BILL to amend and reenact § 15.2-3108 of the Code of Virginia, relating to local boundary agreements.

19101386D

H.B. 1698

Patron: Fariss

Board of Zoning Appeals; written order; certified mail. Authorizes a locality to send a zoning administrator's appeal order using certified mail. Current law allows such an order to be sent only by registered mail.

A BILL to amend and reenact § 15.2-2311 of the Code of Virginia, relating to Board of Zoning Appeals; written order; certified mail.

19102389D

H.B. 1766

Patron: Yancey

Charter; Newport News; inaugural meeting of newly elected council. Authorizes the Newport News City Council to set the time of the inaugural meeting of the newly elected council that is held on the first regular meeting date in July after council elections. Current law requires that the meeting be held at 10:00 a.m. This bill incorporates HB 1995.

A BILL to amend and reenact § 4.05, as amended, of Chapter 576 of the Acts of Assembly of 1978, which provided a charter for the City of Newport News, relating to time of inaugural meeting of newly elected city council.

19105002D

H.B. 1838

Patron: Marshall

Virginia Regional Industrial Facilities Act; revenue sharing; composite index. Requires the Department of Taxation's calculation of true values as applied to the Commonwealth's composite index of local ability-to-pay to take into account an arrangement by localities entered into pursuant to the Virginia Regional Industrial Facilities Act whereby a portion of tax revenue is initially paid to one locality and redistributed to another locality. The bill requires such calculation to properly apportion the percentage of tax revenue ultimately received by each locality. The bill has a delayed effective date of July 1, 2021.

A BILL to amend and reenact § 15.2-6407 of the Code of Virginia, relating to Virginia Regional Industrial Facilities Act; revenue sharing; composite index.

19101266D

H.B. 1866

Patron: Peace

Local audit. Requires that localities submit their annual local audit to the Auditor of Public Accounts. If the audit is not completed as required, the locality shall post a statement on its website declaring that the required audit is pending, the reasons for the delay, and the estimated date of completion. Such statement shall also be posted and made available to the public at the next scheduled meeting of the local governing body and also be sent to the Auditor of Public Accounts. The statement shall continue to be posted and updated until the audit is complete. Any town with a population of less than 3,500 that voluntarily has an audit prepared shall also submit the results of such audit to the Auditor of Public Accounts.

A BILL to amend and reenact § 15.2-2511 of the Code of Virginia, relating to annual local audit; notice of delay.

19105621D

H.B. 1893

Patron: Bell, Richard P.

Charter; City of Waynesboro; city council procedures; real estate tax assessments. Amends the City of Waynesboro charter to authorize any person aggrieved by a real estate assessment made by the assessor of real estate to have the right to a hearing before the city assessor and to apply for an appeal before the board of equalization. The bill allows the city council to choose a date and time to meet for its July organizational meeting following an election. The bill also authorizes an ordinance wherein the city is the recipient of money, funds, or a grant to be passed upon one consideration of the city council, instead of two as is required for other ordinances or resolutions having the effect of ordinances.

A BILL to amend and reenact §§ 2.3, 3.4, and 3.5 of Chapters 629 and 674 of the Acts of Assembly of 2005, which provided a charter for the City of Waynesboro, relating to city council procedures; real estate tax assessments.

19102018D

H.B. 1895

Patron: Ransone

Charter; Town of Irvington. Updates the town's boundary description. Other changes replace outdated provisions regarding the timing of town council elections and the mayor's duties.

A BILL to amend and reenact § 1 of Article II and §§ 2, as amended, 7, 11, 13, and 15 of Article III of Chapter 366 of the Acts of Assembly of 1958, which provided a charter for the Town of Irvington in Lancaster County, relating to corporate limits, town council, and mayor.

19104909D

H.B. 1913

Patron: Bulova

Subdivision ordinance; sidewalks. Allows any locality to include provisions in its subdivision ordinance requiring that where a lot being subdivided or developed fronts on an existing street and the provision of a sidewalk the need for which is substantially generated and reasonably required by the proposed development and is in accordance with the locality's adopted comprehensive plan, the locality may require the dedication of land for, and construction of, a sidewalk on the property being subdivided or developed.

A BILL to amend and reenact § 15.2-2242 of the Code of Virginia, relating to subdivision ordinance; sidewalks.

19103330D

H.B. 1963

Patron: Helsel

Fort Monroe Authority; definition of Area of Operation. Changes the definition of "Area of Operation" for purposes of the Fort Monroe Authority to mean land owned by the Commonwealth at Fort Monroe. The current definition refers to lands acquired from the federal government by the Fort Monroe Authority.

A BILL to amend and reenact § 2.2-2337 of the Code of Virginia, relating to the Fort Monroe Authority; definition of Area of Operation.

19102033D

H.B. 1965

Patron: Helsel

Fort Monroe Authority; payments to the City of Hampton in lieu of real property taxes. Provides that, for real estate leased by the Fort Monroe Authority (the Authority) to a private owner, such real estate shall be taxed by the City of Hampton as if it were privately owned and billed directly to the lessee. However, if the lease term is less than 20 years, Hampton shall bill the Authority. The bill provides that the Authority and its lessees may use existing procedures for contesting assessments and taxes. Current law provides that land owned by the Authority is subject to a fee in lieu of real property taxes, but is silent on the treatment of land leased by the Authority to a private party. The bill contains technical amendments.

A BILL to amend and reenact § 2.2-2342 of the Code of Virginia, relating to Fort Monroe Authority; payments to the City of Hampton in lieu of real property taxes.

19105066D

H.B. 2002

Patron: Aird

Charter; City of Hopewell; appointment of president of city council. Changes from "election" to "appointment" the term used to describe the vote of the city council for a new president and vice-president of the council.

A BILL to amend and reenact § 4, as amended, of Chapter IV of Chapter 431 of the Acts of Assembly of 1950, which provided a charter for the City of Hopewell, relating to appointment of president of city council.

19103089D

H.B. 2012

Patron: Peace

Industrial development authority; King William County. Provides that King William County may expand the board of its industrial development authority from seven to nine members. The bill contains technical amendments.

A BILL to amend and reenact § 15.2-4904 of the Code of Virginia, relating to industrial development authority; King William County.

19101347D

H.B. 2033

Patron: Murphy

Turns into or out of certain residential areas; resident permits. Allows counties that operate under the urban county executive form of government (Fairfax County) by ordinance to develop a program to issue permits or stickers to residents of a designated area that will allow such residents to make turns into or out of the designated area during certain times of day where such turns would otherwise be restricted.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2022.1, relating to turns into or out of certain residential areas; resident permits.

19101114D

H.B. 2052

Patron: McQuinn

Charter; City of Richmond; runoff elections. Provides that procedures and deadlines for voter registration, applying for an absentee ballot for any runoff election, and casting an absentee ballot in the City of Richmond be provided for as under state law.

A BILL to amend and reenact § 3.01.1 and § 3.04, as amended, of Chapter 116 of the Acts of Assembly of 1948, which provided a charter for the City of Richmond, relating to runoff elections.

19105134D

H.B. 2061

Patron: Adams, D.M.

Restrictions on activities of former officers and employees; City of Richmond. Permits the City of Richmond to adopt an ordinance prohibiting former officers and employees from representing clients, people, or any group, for compensation, for one year after their terms of office have ended or employment has ceased. The prohibition applies only to representation before any agency, department, or office at which the officer or employee served or was employed during the one-year period immediately prior to the termination of employment or service.

A BILL to amend and reenact § 15.2-1408 of the Code of Virginia, relating to restrictions on activities of former officers and employees; City of Richmond.

19101983D

H.B. 2139

Patron: Thomas

Transfer of development rights; specified sending and receiving areas. Authorizes a locality to designate receiving areas or receiving properties that shall receive development rights only from certain sending areas or sending properties specified by the locality. The bill also authorizes a locality to provide for areas defined similarly to urban development areas in the ordinance relating to the transfer of development rights. Current law only authorizes inclusion of urban development areas.

A BILL to amend and reenact § 15.2-2316.2 of the Code of Virginia, relating to transfer of development rights; specified sending and receiving areas.

19101605D

H.B. 2141

Patron: Thomas

Local services districts; broadband and telecommunications services. Authorizes a local governing body, with respect to a service district, to contract with a broadband service provider who will construct, maintain, and own communications facilities and equipment required to facilitate delivery of last-mile broadband services to unserved areas of the service district, provided that the locality documents that less than 10 percent of residential and commercial units within the project area are capable of receiving broadband service at the time the construction project is approved by the locality.

A BILL to amend and reenact § 15.2-2403 of the Code of Virginia, relating to local services districts; broadband and telecommunications services.

19105598D

H.B. 2224

Patron: O'Quinn

Local board of zoning appeals; certain towns; membership. Authorizes the circuit court for a town with a population of 3,500 or less to appoint either three, five, or seven residents of the locality to the board of zoning appeals. Current law requires appointment to local zoning boards of appeals of either five or seven residents of the locality.

A BILL to amend and reenact § 15.2-2308 of the Code of Virginia, relating to local board of zoning appeals; membership.

19103355D

H.B. 2286

Patron: Leftwich

Chesapeake Hospital Authority. Provides that the investment of funds held by the Chesapeake Hospital Authority, or contributed to its affiliated foundations, shall be exempt from the application of the Investment of Public Funds Act.

A BILL to amend and reenact § 7.1 of Chapter 396 of the Acts of Assembly of 1987, as amended by Chapter 658 of the Acts of Assembly of 2006, relating to Chesapeake Hospital Authority.

19101049D

H.B. 2305

Patron: Leftwich

Sections not set out in Code of Virginia. Sets out sections in Title 15.2 that are currently carried by reference only. Locality descriptions are replaced with locality names, and various technical amendments are made. This bill is a recommendation of the Virginia Code Commission.

A BILL to amend and reenact §§ 15.2-1128, 15.2-1130, 15.2-1201.1, 15.2-1212, 15.2-1228, 15.2-2257, 15.2-4602, 15.2-4701, 15.2-4702, 15.2-4801, 15.2-5118, and 15.2-5120 of the Code of Virginia, relating to Title 15.2 sections not set out in Code of Virginia.

19105628D

H.B. 2310

Patron: Hayes

Local flood plain regulation. Authorizes any locality to regulate the activity on, or use or development of, a flood plain in a manner consistent with any state and federal flood plain management programs and requirements. The bill provides that its provisions shall be given retroactive and prospective effect.

A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 9 of Title 15.2 a section numbered 15.2-984, relating to local flood plain regulation.

19102214D

H.B. 2316

Patron: Hodges

Voluntary boundary agreement between Counties of Caroline and Essex; attachment of GIS map to petitions. Allows the Counties of Caroline and Essex, in adopting a voluntary boundary agreement, to attach to their petitions to the circuit court a Geographic Information System (GIS) map depicting the boundary change. Under current law, such use of a GIS map, rather than a metes and bounds description, is permitted only regarding the boundary agreements of certain named localities. This bill incorporates HB 2624.

A BILL to amend and reenact § 15.2-3108 of the Code of Virginia, relating to voluntary boundary agreement; GIS maps.

19105003D

H.B. 2342

Patron: Thomas

Conditional rezoning proffers. Makes extensive changes to conditional zoning provisions first enacted in 2016. Specific amendments include the addition of provisions stating that no local governing body shall require any unreasonable proffer, as described in current law. Under current law, no locality may request or accept any unreasonable proffer. Other changes (i) allow an applicant to submit any onsite or offsite proffer that the applicant deems reasonable and appropriate, as conclusively evidenced by the signed proffers, and (ii) state that nothing in the bill shall be deemed or interpreted to prohibit communications between an applicant or owner and the locality or to prohibit presentation, analysis, or discussion of the potential impacts of new residential development or other new residential use on the locality's public facilities. The provisions of the bill are effective as to any application for a rezoning filed on or after July 1, 2019, or for a proffer condition amendment amending a rezoning that was filed on or after July 1, 2019, or to certain other pending applications. The bill also provides that an applicant with a pending rezoning application for a rezoning or proffer condition amendment that was filed prior to July 1, 2016, may continue to proceed under the law as it existed prior to that date, and an applicant with a pending rezoning application filed on or after July 1, 2016, but before July 1, 2019, or proffer condition amendment application amending a rezoning for which the application was filed on or after July 1, 2016, but before July 1, 2019, may continue to proceed under the law as it existed during that period.

 A BILL to amend and reenact § 15.2-2303.4 of the Code of Virginia and to repeal the third enactment of Chapter 322 of the Acts of Assembly of 2016, relating to conditional rezoning proffers.

19104992D

H.B. 2368

Patron: Knight

City of Virginia Beach; sports or entertainment project. Grants the City of Virginia Beach certain powers relating to construction of a sports or entertainment project and any related facilities. Among those powers is the authority to (i) issue bonds to construct a sports or entertainment project, (ii) receive state sales and use tax revenue that is attributable to such project, and (iii) use such revenue to repay such bonds. The bill provides that the City of Virginia Beach's entitlement to state sales and use tax revenue shall expire on July 1, 2039. The powers granted by the bill to the City of Virginia Beach are similar to those granted to the Hampton Roads Sports Facility Authority.

A BILL to amend the Code of Virginia by adding in Title 15.2 a chapter numbered 59.2, consisting of sections numbered 15.2-5928 through 15.2-5934, relating to City of Virginia Beach; sports or entertainment project.

19104205D

H.B. 2375

Patron: Roem

Adoption of zoning ordinance. Provides that if a local governing body reduces the time period by which a planning commission shall review a proposed zoning ordinance amendment to less than 100 days, the governing body shall hold at least one public hearing on the proposed reduction of the commission's review period and publish notice of such public hearing at least two weeks prior to the public hearing date and shall also publish the notice on the locality's website, if one exists.

A BILL to amend and reenact § 15.2-2285 of the Code of Virginia, relating to adoption of zoning ordinance.

19102117D

H.B. 2420

Patron: Bell, Richard P.

Grandfathering certain nonconforming use. Provides that a wall built on residential property shall be grandfathered as a valid nonconforming use, and the wall shall not be subject to removal solely due to such nonconformity, in any instance where (i) a residential property owner sought local government approval prior to 2008 for construction of a wall on the owner's property, (ii) the property owner was informed by a local official that such wall required no permit and that the structure would comply with the zoning ordinance, (iii) the wall was thereafter constructed, (iv) the locality subsequently informed the property owner that the wall was illegal, and (v) such a wall, had it been constructed as described in clauses (ii) and (iii) after 2017, would be considered a valid nonconforming use not subject to removal.

A BILL to grandfather certain nonconforming use.

19100765D

H.B. 2465

Patron: Collins

Photo-monitoring systems; requirements for localities. The bill requires that engineering safety analyses and monthly evaluations conducted by a locality related to traffic light signal photo-monitoring systems, commonly known as red-light cameras, be posted on such locality's website, if available. The bill requires the reporting of certain traffic incident and financial data. The bill requires localities to establish a 15-day probationary period during which only advisory letters are issued for recorded traffic light signal violations when such a system is implemented or expanded. The bill has a delayed effective date for localities with existing traffic light signal photo-monitoring systems.

A BILL to amend and reenact § 15.2-968.1 of the Code of Virginia, relating to photo-monitoring systems; requirements for localities.

19104071D

H.B. 2485

Patron: Hodges

Industrial development authorities; legislative intent. Authorizes an industrial development authority to facilitate and support landowner access to carbon markets through aggregation of landowners to reach a size that attracts the investment of private capital.

A BILL to amend and reenact § 15.2-4901 of the Code of Virginia, relating to industrial development authorities; legislative intent.

19102884D

H.B. 2497

Patron: O'Quinn

Charter; City of Bristol. Amends the charter for the City of Bristol. Changes to the charter (i) update provisions related to special meeting notices and notices related to removal by city council of certain appointees, (ii) clarify the description of the city manager and state that employees of the police department and fire department are among those employees that may be removed by the city manager, (iii) update the responsibilities of the city manager and chief of police regarding certain police department complaints, (iv) set forth financial policies to be adopted by the finance department, (v) specify certain personnel department oversight duties, (vi) rename the planning department as the community development department, (vii) create the position of environs control official, (viii) set out the duties of the transportation planner, (ix) alter the terms of the city planning commission, and (x) reference the existing BVU Authority Board. The bill contains technical amendments.

A BILL to amend and reenact §§ 4.03, as amended, 4.05, 4.07, as amended, 5.01, 5.02, 5.03, as amended, 7.02, as amended, 7.03, 7.04, 7.07, as amended, 7.08, as amended, 7.11, 8.04, as amended, and 15.03 of Chapter 542 of the Acts of Assembly of 1990, which provided a charter for the City of Bristol, and to amend Chapter 542 of the Acts of Assembly of 1990 by adding a section numbered 8.06:1, relating to city powers, council meetings, city manager, city departments, planning commission, and utility board.

19105337D

H.B. 2549

Patron: Jones, S.C.

Cluster zoning; density calculation. Prohibits localities from including areas designated as Resource Protection Areas in accordance with the State Water Control Board in a cluster zoning density calculation and provides that nothing in the statute shall require a locality to allow a greater overall density for a clustered development than would be required on a non-clustered development.

A BILL to amend and reenact § 15.2-2286.1 of the Code of Virginia, relating to cluster zoning; density calculation.

19104091D

H.B. 2569

Patron: LaRock

Regulation of child-care services and facilities in certain counties. Provides that if a zoning administrator in a locality that has, by ordinance, allowed a zoning administrator to use an administrative process to issue zoning permits for family day homes receives a written objection to an application for a permit to operate a family day home within 30 days of notification of such application, the zoning administrator may issue the permit if the family day home meets all the other criteria for issuance of the permit or may deny the permit, or, if required to do so by local ordinance, refer the permit to the local governing body for consideration.

A BILL to amend and reenact § 15.2-2292 of the Code of Virginia, relating to family day homes; zoning permits.

19105974D

H.B. 2572

Patron: LaRock

Charter; Town of Berryville. Reorganizes the charter of the Town of Berryville. Specific amendments include (i) an update to the boundary description, (ii) replacing the position of recorder with vice mayor, (iii) specifying certain town council appointments, and (iv) removing or updating obsolete provisions.

A BILL to amend and reenact §§ 1.2 and 2.2, § 2.3, as amended, § 3.1, § 3.2, as amended, §§ 3.3 through 3.9, 3.12, 3.15, and 4.1, § 4.2, as amended, §§ 4.3, 4.5, 4.6, 4.7, 5.1, 5.2, and 7.2, § 7.3, as amended, and §§ 8.4, 8.6, 8.7, 8.10, and 8.11 of Chapter 112 of the Acts of Assembly of 1971; to amend Chapter 112 of the Acts of Assembly of 1971 by adding a section numbered 3.1:1; and to repeal §§ 5.3 and 5.4, Chapter 6 (§§ 6.1, 6.2, and 6.3), and §§ 8.2, 8.3, and 8.5 of Chapter 112 of the Acts of Assembly of 1971, which provided a charter for the Town of Berryville in Clarke County, relating to boundaries, town powers, town council, town officers, appointments, and actions against town.

19101409D

H.B. 2585

Patron: Gilbert

Sheriffs; standard motor vehicle markings. Requires that all marked motor vehicles used by sheriffs' offices conspicuously display on each front side door of such vehicles the words "Sheriff's Office" or "Sheriff" and the name of the county or city. Current law requires such vehicles to be solid dark brown or some other solid color, with a reflectorized gold, five-point star on each front side door and requires that the lettering on such stars say "Sheriff's Office" or "Sheriff" in a half-circle above the Seal of the Commonwealth or the seal of the jurisdiction. Current law also requires that the name of the county or city be placed in a half-circle below the Seal and the words "Sheriff's Office" or "Sheriff" be placed on the rear of the trunk.

A BILL to amend and reenact § 15.2-1610 of the Code of Virginia, relating to sheriffs; standard motor vehicle markings.

19104778D

H.B. 2621

Patron: Ingram

Site plan approval; decommissioning certified solar energy equipment, facilities, or devices. Requires a locality, as part of the local legislative approval process or as a condition of approval of a site plan, to require an owner, lessee, or developer of real property to enter into a written agreement to decommission solar energy equipment, facilities, or devices upon certain terms and conditions, including right of entry by the locality and financial assurance.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2241.2, relating to rezoning and site plan approval; decommissioning solar energy equipment, facilities, or devices.

19106249D

H.B. 2660

Patron: Campbell, R.R.

Charter; Town of Glasgow. Replaces references to the town sergeant with chief of police and makes several technical amendments.

A BILL to amend and reenact §§ 4 through 7 of Chapter 486 of the Acts of Assembly of 1892, which provided a charter for the Town of Glasgow in Rockbridge County, relating to chief of police.

19103544D

H.B. 2670

Patron: Torian

Charter; Town of Dumfries. Amends the charter for the Town of Dumfries by (i) providing that town council elections shall be held in November rather than May, (ii) altering the date of budget submittal and providing for a midyear budget review, and (iii) making technical changes, including a clarification in the boundary description.

A BILL to amend and reenact § 1.02, § 3.01, as amended, §§ 6.02 and 6.04, and § 10.03, as amended, of Chapter 99 of the Acts of Assembly of 1994, which provided a charter for the Town of Dumfries in Prince William County, relating to boundaries, election, and budget.

19104402D

H.B. 2686

Patron: Knight

Board of zoning appeals; vote requirement. Changes the vote requirement for certain board of zoning appeals decisions from a majority of the membership to a majority of the membership present and voting.

A BILL to amend and reenact §§ 15.2-2308 and 15.2-2312 of the Code of Virginia, relating to board of zoning appeals; vote requirement.

19103623D

H.B. 2740

Patron: Wright

Charter; Town of Kenbridge. Amends the town charter by staggering the election of town council members and extending council members' terms from two to four years. Furthermore, the bill references general grants of power as set out in the Code of Virginia and makes numerous updating and clarifying changes.

A BILL to amend and reenact § 4, as amended, §§ 5 and 6, §§ 7, 8, and 9, as amended, and § 11 of Chapter 364 of the Acts of Assembly of 1942, which provided a charter for the Town of Kenbridge in Lunenburg County, relating to town council, elections, chief of police, and powers of the town.

19104408D

H.B. 2779

Patron: Edmunds

Enterprise zone designations. Increases from two to three for an enterprise zone designated on or after July 1, 2005, and from two to one for an enterprise zone designated prior to July 1, 2005, the number of times the Governor may renew a designation of an enterprise zone for an area upon recommendation of the Director of the Department of Housing and Community Development.

A BILL to amend and reenact § 59.1-542 of the Code of Virginia, relating to enterprise zones.

19106065D

H.B. 2807

Patron: Edmunds

Charter; Town of Keysville. Shifts the town's municipal elections from May to November.

A BILL to amend and reenact § 3.1, as amended, of Chapter 352 of the Acts of Assembly of 1975, which provided a charter for the Town of Keysville in Charlotte County, relating to elections.

19105049D

H.B. 2808

Patron: Tyler

Charter; Town of Capron. Establishes a new charter for the Town of Capron in Southampton County and repeals the current charter. The proposed charter contains powers typically granted to towns.

A BILL to provide a new charter for the Town of Capron in Southampton County and to repeal Chapter 188 of the Acts of Assembly of 1914, which provided a charter for the Town of Capron.

19104388D

H.B. 2809

Patron: Landes

Charter; Town of Grottoes. Extends the term of the mayor from two years to four years.

A BILL to amend and reenact § 3, as amended, of Chapter 571 of the Acts of Assembly of 1997, which provided a charter for the Town of Grottoes in Rockingham County, relating to mayor.

19105176D