CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

Counties, Cities and Towns

P Passed

P HB236

Industrial development authorities. Provides that in Goochland County the authority may be called an economic development authority.

Patron - Dickinson

P HB262

Liens for water and sewer charges. Adds Culpeper County to those localities that have authority to provide that charges for water or sewer service may be a lien on the real estate served.

Patron - Broman

P HB287

County board form of government; salaries. Allows Grayson County to set board salaries in accordance with general law.

Patron - Jackson

P HB361

Removal of grass, weeds, and other foreign growth. Permits localities in Planning District 8 to require that owners of occupied property cut grass, weeds and other foreign growth on the property and if a property owner, after required notice, fails to do so the locality may cut such grass, weeds or other foreign growth and the cost and expenses thereof shall be chargeable to and paid by the owner of the property. The existing statute only applies to vacant property.

Patron - Callahan

P HB379

Speeding in residence districts; City of Falls Church. Allows the City of Falls Church (described by population) to prohibit the operation of a motor vehicle at a speed of 15 miles per hour or more in excess of the applicable maximum speed limit in residential districts and to provide that any person who violates the prohibition shall be subject to a civil penalty of $100, in addition to other penalty provided by law. This bill is identical to SB 107.

Patron - Hull

P HB418

Agricultural and forestal districts; roll-back taxes. Clarifies that roll-back taxes are due and payable upon the withdrawal of land from, or the termination of, agricultural and forestal districts. The sale or gift of a portion of land in a district to a family member shall not in and of itself constitute a withdrawal or removal of any of the land from a district.

Patron - Grayson

P HB428

Attorneys for the Commonwealth. Allows the use of volunteer (uncompensated) attorneys as assistant attorneys for the Commonwealth, in the Cities of Virginia Beach, Norfolk and Chesapeake where this provision was in effect from 1994 until its sunset in 1999.

Patron - McDonnell

P HB443

Discharge of firearms. Allows a city or town, by ordinance, to prohibit hunting within one-half mile of a subdivision.

Patron - Larrabee

P HB470

Adoption of optional form of county government. Requires the secretary of the appropriate electoral board to certify the results of a referendum to adopt an optional form of county government to the Commission on Local Government.

Patron - Hull

P HB483

Regional industrial facility authorities. Rewrites the definition of "region," so as to include all of the localities within Planning District 3, thereby giving the counties of Carroll, Grayson and Washington and the Cities of Bristol and Galax the ability to join such authorities.

Patron - Johnson

P HB521

Prohibiting discharge of firearms. Any locality that prohibits the discharge of firearms shall provide an exemption for the killing of deer pursuant to § 29.1-529. Such exemption shall apply on land of at least five acres that is zoned for agricultural use.

Patron - Deeds

P HB522

Continuation of state aid to certain localities. Increases the period of time the Commonwealth shall continue to distribute certain state funds to localities in support of consolidated governmental functions at the same level such funds would have been provided had no consolidation taken place where the consolidation results in (i) governmental consolidation or (ii) the consolidation of constitutional officers and school divisions. "Consolidation" includes those functions consolidated due to city reversion.

Patron - Deeds

P HB538

Service districts. Expands powers of service districts to control pest infestations by allowing control of cankerworms or other pests identified by the Department of Agriculture and Services. Currently, service districts may only act to control infestations by gypsy moths.

Patron - Amundson

P HB539

Mandatory connection to water and sewage systems. Adds Amelia County (described by population) to those counties that may require connection to a water and sewage system by owners of property that may be served by such systems. Those persons having a domestic supply of potable water and an adequate system for the disposal of sewage shall not be required to discontinue such use, but may be required to pay a connection fee, a front footage fee, and a monthly nonuser service charge. This bill is identical to SB 335.

Patron - Ingram

P HB547

Recordation of plats. Clarifies that only a plat that has been approved by a locality shall operate to transfer to the locality the streets and other public uses indicated on the plat.

Patron - Phillips

P HB570

Virginia Regional Industrial Facilities Act. Adds areas within Planning Districts 13 and 14 to those areas that may create an authority under such act.

Patron - Ruff

P HB655

Industrial Development Authorities. Allows Henrico County to appoint 10 rather than eight members to the board of directors of such authority.

Patron - Grayson

P HB679

Oaths of office; towns. Allows town council members and members of Boards of Supervisors to take their oaths before any officer authorized by law to administer oaths. The language regarding town council members was dropped from the Code by the Title 15.1 recodification. Also, council members and members of Boards of Supervisors who, on or after December 1, 1997, qualified by taking the oath of office before any officer authorized by law to administer oaths, are deemed to have satisfied the requirements of this section with regard to the taking of oaths.

Patron - Weatherholtz

P HB681

Local recycling incentives. Authorizes localities to grant incentives to encourage recycling.

Patron - Louderback

P HB734

Use of escrowed funds; Town of Vienna. Allows the Town of Vienna (described by population) to use funds from a developer that have been escrowed for construction of specific public improvements for other similar improvements under certain conditions. Such funds shall be used only if the governing body (i) obtains the written consent of the owner or developer who submitted the escrowed funds; (ii) finds that the facilities for which funds are escrowed are not immediately required; (iii) releases the owner or developer from liability for such improvements and (iv) accepts liability for the future cost of constructing such improvements. If a locality fails to locate such owner or developer after making a reasonable attempt to do so, the locality may proceed as if such consent had been granted. In addition, the escrowed funds to be used for such other improvement may only come from an escrow that does not exceed $30,000, plus any accrued interest, and shall have been escrowed for at least five years. This bill is identical to SB 278.

Patron - Devolites

P HB736

Local volunteers. Allows the City of Virginia Beach (described by population) to appoint and train volunteers to assist with various property inspections including property maintenance and certain zoning matters. Such volunteers shall have any and all immunity provided to an employee of the locality doing an identical job.

Patron - Suit

P HB752

Authority to impose road impact fees. Adds Stafford County (described by population) to the localities authorized to impose road impact fees and provides road impact fee provisions shall expire on July 1, 2003, if no locality has imposed such fees by that date.

Patron - Howell

P HB823

Regional industrial facility authority. Adds the area within Planning District 14, which includes the counties of Amelia, Buckingham, Charlotte, Cumberland, Lunenburg and Prince Edward and the towns of Charlotte Courthouse, Dillwyn, Farmville, Kenbridge, Keysville and Victoria to those areas that may establish such authorities.

Patron - Ingram

P HB841

Notice of referendum question on county police force. Provides that the notice shall contain the ballot question and a statement of not more than 500 words on the proposed question. The explanation shall be presented in plain English, shall be limited to a neutral explanation, and shall not present arguments by either proponents or opponents of the proposal. The county may expend public funds to provide neutral information, but shall not use public funds to promote a particular position on the question, either in the notice or in any other distribution of information to the public.

Patron - Davis

P HB855

Service districts. Permits two or more localities to create a joint service district and provides that existing authority related to levying an annual tax and employing personnel, applies to the purchase of development rights. This bill is identical to SB 255.

Patron - May

P HB856

Community development authorities. Permits community development authorities to purchase development rights that will be dedicated as easements for conservation, open space or other purposes pursuant to the Open-Space Land Act. This bill is identical to SB 256.

Patron - May

P HB887

Regional Competitiveness Act. Clarifies the manner in which a region is awarded points by the Department of Housing and Community Development for existing joint activities in determining a region's eligibility for receiving incentive funds under the Act.

Patron - Bryant

P HB905

Limitations on licensing and registration of firearms; limitation on lawsuits. Provides that no locality shall have the authority to bring suit against a firearms or ammunition dealer, the right to bring any such action being reserved exclusively to the Commonwealth. This limitation also applies to any state governmental agency. Exceptions are made for certain breach of contract, breach of warranty and negligence actions.

Patron - Cranwell

P HB909

Inspection of public water supply. Requires every public water supply operator to test public water supplies at least quarterly for the presence of methyl tertiary-butyl ether (MTBE), an additive used in gasoline, which is a known carcinogen. The locality must maintain a record of the testing and, if the results of any test, indicate the presence of MTBE in excess of 15 parts per billion, the locality must immediately notify the Departments of Environmental Quality and Health. The Division of Consolidated Laboratory Services will maintain and make available, upon request, a list of laboratories performing this testing. The Division of Consolidated laboratory Services will establish a fee system to offset the costs of test performed by it on behalf of public water supply operators for MTBE and will also report to the Governor and the General Assembly by November 1, 2000, on the estimated costs and personnel requirements for administering the MTBE tests.

Patron - Cranwell

P HB922

Board salaries. Allows a county board that is elected for staggered terms to set a maximum salary in any year in which at least 40 percent, rather than one-half, of the board will be elected.

Patron - Dickinson

P HB925

Boards of zoning appeals. Clarifies that the board shall consider the purpose and intent of applicable ordinances, laws and regulations in making its decisions. Also, the bill states that it is the intent of the section that board decisions be based on balanced testimony presented at board hearings and not on negotiations entered into with selected parties prior to a hearing. The bill specifies that board deliberations are subject to the Virginia Freedom of Information Act .

Patron - Watts

P HB953

Claims against counties. Provides that an appeal from the disallowance of a claim by the governing body of a county must be filed with the circuit court for the county. The existing law does not specify in which court the appeal must be filed.

Patron - Jackson

P HB1018

Liability for failure to provide adequate security or crowd control. Adds the City of Chesapeake (described by population) to provisions that will allow the city to provide by ordinance that any person who has negligently failed to provide adequate security or crowd control at a sporting event, restaurant, night club or other business or commercial activity that draws large crowds of people may be liable in a separate civil action for the cost associated with any emergency response by the law-enforcement agency or emergency medical services personnel of such city caused by the sponsor, owner or tenant of any sporting event, restaurant, night club or other business or commercial establishment who negligently failed to provide adequate security or crowd control. Such person shall be liable to the city in an amount not to exceed $1,000. This bill is identical to SB 681.

Patron - Blevins

P HB1184

Action for damage to memorials for war veterans. Allows the attorney for a locality to bring an action against any person who damages certain publicly-owned monuments, markers or memorials in order to recover the full cost of repairing such damage. The bill also provides that a private organization, society or museum may bring an action against any person who damages a monument, marker or memorial owned by the private organization, society or museum in order to recover the full cost of repairing such damage.

Patron - Reid

P HB1232

Urban Public-Private Partnership Redevelopment Fund. Creates a fund to be administered by the Department of Housing and Community Development for the purpose of making grants or loans to local governments for assembling, planning, clearing, and remediating sites in order to promote such sites to private developers for redevelopment. The Fund is created to address the serious problem of a lack of developable land in urban areas of the Commonwealth and the high cost of redeveloping such land. This is a recommendation of the Commission on the Condition and Future of Virginia's Cities.

Patron - Ingram

P HB1245

Agricultural and forestal districts. Allows the Director of the Department of Conservation and Recreation, or his designee, to advise a local governing body on issues related to proposals of state agencies, political subdivisions or public service corporations to acquire land or construct a project within a district.

Patron - Orrock

P HB1255

Advertisement of legal notices on web sites. Provides that a locality may advertise legal notices on the locality's World Wide Web site.

Patron - Brink

P HB1262

Local personnel systems. Allows localities, notwithstanding the provisions of a local charter, to establish a personnel system for local administrative officials and employees based on merit and professional ability. Such system shall consist of rules and regulations that provide for the general administration of personnel matters, a classification plan for employees, a uniform pay plan, and a procedure for resolving grievances of employees as provided by general law.

Patron - Moss

P HB1268

Economic development grants to localities. Creates the Governor's Economic Development Grant Fund which may be used by the Governor to make grants to localities in which one or more state-sponsored economic development projects completed on or after July 1, 1995, resulted in a demonstrated stress on local infrastructure. No locality may receive more than $3,000,000 in aggregate in such grants. The aggregate amount of grants approved in any one fiscal year shall not exceed $10 million and the Commonwealth's annual obligations for such grants shall not exceed $1 million annually per locality. Economic development grants to eligible localities under the bill are to be offset by grants or loans awarded from the Governor's Development Opportunity Fund.

Patron - May

P HB1385

Sale of certain property in the City of Richmond. Allows the City of Richmond (described by population) to provide for the sale of buildings for the nominal amount of one dollar and to require the purchaser to complete all necessary repairs of the property within two years. The provisions apply to property which the city has obtained through use of existing procedures related to tax-delinquent or blighted property.

Patron - Baskerville

P HB1411

Transportation District Commission of Hampton Roads. Provides for the appointment of one member of the House of Delegates and one member of the Senate to the Transportation District Commission of Hampton Roads. This bill is identical to SB 246.

Patron - Crittenden

P HB1454

Boards of zoning appeals. Provides that a zoning ordinance may prescribe an appeal period of not less than 10 days for a notice of violation involving temporary or seasonal commercial uses, parking of commercial trucks in residential zoning districts. The existing statute provides that an individual has 30 days within which to file an appeal.

Patron - Jones, D.C.

P HB1456

Zoning ordinances; restrictions on ABC licenses. Provides that the City of Richmond may impose a condition upon any special use permit issued after July 1, 2000, relating to retail alcoholic beverage control licensees which provides that such special use permit will be subject to an automatic review by the governing body upon a change of ownership of the property, a change in possession, or a transfer of majority control of the business entity.

Patron - Jones, D.C.

P HB1474

Virginia Regional Economic Development Authority. Allows two or more localities to create such authorities for the purpose of enhancing the economic base for the member localities by developing, owning, and operating on a cooperative basis one or more development areas for commercial enterprises. An authority shall be a political subdivision of the Commonwealth and its powers shall include the power to sue and be sued in its own name; adopt bylaws, rules and regulations; enter into agreements with any other political subdivision of the Commonwealth for joint or cooperative action; enter into voluntary economic growth-sharing agreements; determine the locations of, develop, establish, construct, operate, regulate, and maintain facilities to the extent necessary or convenient to accomplish the purposes of the authority; acquire, own, hold, lease, use, sell, encumber, transfer, or dispose of, in its own name, any real or personal property or interests therein; enter into contracts of any kind; expend such funds as may be available to it for the purpose of developing facilities; fix and revise from time to time and charge and collect rates, rents, fees, or other charges for the use of facilities or for services rendered in connection with the facilities; borrow money from any source for any valid purpose; issue bonds; receive from participating localities, contributions of taxes levied within the district; distribute its revenues according to an agreement among participating localities, and; with the concurrence of the member localities, levy an incremental real property tax for capital investment and special services within the district. This is a recommendation of the Commission on the Condition and Future of Virginia's Cities.

Patron - Hall

P HB1535

Town of Irvington; council elections. Increases council terms from two to four years and provides for staggered terms.

Patron - Pollard

P SB91

County manager plan; grants for home ownership. Allows the county board in counties that have adopted the county manager plan of government (Arlington County) to make grants of local funds up to $3,000 to county employees for the purchase of a house, apartment or condominium in the county. The house, apartment or condominium purchased must be used as the principal residence of the grant recipient.

Patron - Whipple

P SB96

County board form of government; salaries. Allows the board of supervisors of counties with the county board form of government to be compensated in accordance with the provisions of general law.

Patron - Puckett

P SB107

Speeding in residence districts; City of Falls Church. Allows the City of Falls Church (described by population) to prohibit the operation of a motor vehicle at a speed of 15 miles per hour or more in excess of the applicable maximum speed limit in residential districts and to provide that any person who violates the prohibition shall be subject to a civil penalty of $100, in addition to other penalty provided by law. This bill is identical to HB 379.

Patron - Whipple

P SB246

Transportation District Commission of Hampton Roads. Provides for the appointment of one member of the House of Delegates and one member of the Senate to the commission of the Transportation District Commission of Hampton Roads. This bill is identical to HB 1411.

Patron - Schrock

P SB255

Service districts. Permits two or more localities to create a joint service district and provides that existing authority related to levying an annual tax and employing personnel, applies to the purchase of development rights. This bill is identical to HB 855.

Patron - Mims

P SB256

Community development authorities. Permits community development authorities to purchase development rights that will be dedicated as easements for conservation, open space or other purposes pursuant to the Open-Space Land Act. This bill is identical to HB 856.

Patron - Mims

P SB260

Planning district commission membership. Provides that, in planning district number 4, the membership of the commission may include representatives of higher education institutions.

Patron - Trumbo

P SB268

Local employment based on residency. Extends a sunset clause from July 1, 2000, to July 1, 2002, thereby allowing the cities of Hopewell and Petersburg (described by population) to continue using residency as a basis for participation in local police or fire cadet programs or local homesteading programs.

Patron - Quayle

P SB278

Use of escrowed funds; Town of Vienna. Allows the Town of Vienna (described by population) to use funds from a developer that have been escrowed for construction of specific public improvements for other similar improvements under certain conditions. Such funds shall be used only if the governing body (i) obtains the written consent of the owner or developer who submitted the escrowed funds; (ii) finds that the facilities for which funds are escrowed are not immediately required; (iii) releases the owner or developer from liability for such improvements and (iv) accepts liability for the future cost of constructing such improvements. If a locality fails to locate such owner or developer after making a reasonable attempt to do so, the locality may proceed as if such consent had been granted. In addition, the escrowed funds to be used for such other improvement may only come from an escrow that does not exceed $30,000, plus any accrued interest, and shall have been escrowed for at least five years. This bill is identical to HB 734.

Patron - Howell

P SB282

Regional industrial facility authorities. Rewrites the definition of "region," so as to include all of the localities within Planning District 3, thereby giving the counties of Carroll, Grayson and Washington and the Cities of Bristol and Galax the ability to join such authorities; adds the localities of Planning District 3 to those that may create an authority with two or more, rather than three or more, localities within the region and; allows for staggered terms of the board of directors.

Patron - Marye

P SB293

Regional criminal justice training academies. Specifies the procedures to be followed by a locality, political subdivision or other public body seeking to join an existing regional criminal justice training academy. The bill also specifies the procedures to be followed for the withdrawal of a locality, political subdivision or other public body from a regional criminal justice training academy.

Patron - Holland

P SB333

Comprehensive plan. Clarifies that the 90-day period within which the governing body must act on the planning commission's recommendation, applies to both the development and amendment of the plan.

Patron - Martin

P SB335

Mandatory connection to water and sewage systems. Adds Amelia County (described by population) to those counties that may require connection to a water and sewage system by owners of property that may be served by such systems. Those persons having a domestic supply of potable water and an adequate system for the disposal of sewage shall not be required to discontinue such use, but may be required to pay a connection fee, a front footage fee, and a monthly nonuser service charge. This bill is identical to HB 539.

Patron - Martin

P SB409

Adoption of ordinances and resolutions. Provides that votes on all ordinances and resolutions adopted prior to February 27, 1998, in which an unanimous vote of the governing body was recorded, shall be deemed to have been validly recorded, notwithstanding provisions requiring that the name and vote of each member of the governing body be recorded.

Patron - Bolling

P SB617

Local computer services. Authorizes the City of Bristol (described by population) to provide certain computer services, but not to include the communications link between the host computer and any person or entity other than such locality's, or an adjoining locality's, own departments or other governmental divisions.

Patron - Wampler

P SB643

Zoning; regulation of mountain ridge construction. Permits localities containing "protected mountain ridges," defined as those ridges with an elevation of 2,000 feet or more and an elevation of 500 feet or more above the adjacent valley floor, to adopt an ordinance regulating the construction of tall buildings or structures on those mountain ridges. The ordinance would apply to all buildings or structures with a height of 40 feet or more above the natural grade but would not apply to television, radio and telecommunications towers, structures of a relatively slender nature, minor vertical projections of a parent building, or buildings designated as historic landmarks.

Patron - Hanger

P SB670

Location of state facilities and programs. Requires state agencies to evaluate the feasibility of siting state facilities in the Commonwealth's urban centers. In making such evaluation, the agency shall consider the fiscal advantages and conveniences associated with placing state facilities in such areas and whether the local governing body is supportive of the location as a desirable use of available land resources. The bill exempts facilities located on campuses of public institutions of higher education. This is a recommendation of the Commission on the Condition and Future of Virginia's Cities.

Patron - Hanger

P SB681

Liability for failure to provide adequate security or crowd control. Adds the City of Chesapeake (described by population) to provisions that will allow the city to provide by ordinance that any person who has negligently failed to provide adequate security or crowd control at a sporting event, restaurant, night club or other business or commercial activity that draws large crowds of people may be liable in a separate civil action for the cost associated with any emergency response by the law-enforcement agency or emergency medical services personnel of such city caused by the sponsor, owner or tenant of any sporting event, restaurant, night club or other business or commercial establishment who negligently failed to provide adequate security or crowd control. Such person shall be liable to the city in an amount not to exceed $1,000. This bill is identical to HB 1018.

Patron - Forbes

P SB755

Political activities of firefighters, emergency medical technicians and law-enforcement officers. Provides that no locality shall prohibit firefighters, emergency medical technicians or law-enforcement officers from participating in political activities while these employees are off duty, out of uniform and not on the premises of their employment with the locality.

Patron - Williams

P SB770

Local hospital or health center commissions. Revises the definition of health center to include nursing homes, adult care residences, independent living facilities and assisted living facilities, as defined in the Code, and licensed by the Departments of Social Services or Health. This bill also rearranges the definitions in alphabetical order. This bill clarifies the authority for local hospital or health care commissions, i.e., entities created by one or more local governments, to operate adult care residences. These commissions are already authorized to operate hospitals and nursing homes.

Patron - Martin

P SB780

Powers of the trustees of the Town of York. Provides that the trustees of the Town of York may approve and execute conveyances, leases, management agreements, or other instruments with the York County Board of Supervisors involving all or a portion of the river shore land located in the town for purposes and for periods of time that the trustees and the Board of Supervisors agree will be of benefit to the residents of the town and the county.

Patron - Williams

F Failed

F HB263

Liens for water and sewer charges. Provides that Culpeper County (described by population) may by ordinance provide that charges incurred for use of water or sewers shall be a lien on the real estate served.

Patron - Broman

F HB420

Removal or disposal of trash and cutting of grass and weeds. Permits localities to require, by ordinance, that an owner, occupant or other person in control of property remove or dispose of trash, garbage, refuse, litter and other like substances which might endanger the health and safety of others. The locality may also require that grass, weeds and other foreign growth on the property be cut. If the owner, occupant or other person in control of the property, after required notice, fails to remove or dispose of such trash, garbage, refuse and other like substances or to cut such grass, weeds or other foreign growth, the locality may do so and the cost and expenses thereof shall be chargeable to and paid by the owner, occupant or other person in control of the property. The existing statute applies only to owners of property.

Patron - Grayson

F HB534

Lawsuits against firearms manufacturers. Provides that the authority to bring suit and the right to recover against any firearms or ammunition marketer, manufacturer, distributor, dealer, seller, or trade association by or on behalf of any locality or any governmental entity for damages, abatement, injunctive relief or any other remedy resulting from or relating to the lawful design, marketing, manufacture, distribution, sale, or transfer of firearms or ammunition to the public is reserved exclusively to the Commonwealth. The bill does not prohibit a locality or governmental entity from bringing an action against a firearms or ammunition company for breach of contract or warranty as to firearms or ammunition purchased by the locality or entity. A locality may also bring an action for injuries resulting from a firearm malfunction due to defects in design and manufacture. Additionally, the bill prohibits localities from regulating in any manner firearms shows with regulations more stringent than those applying to shows of other types of items.

Patron - Ware

F HB548

Adoption of ordinances and resolutions; towns. Eliminates the provision requiring a two-thirds vote for town councils to impose a tax. There is no similar general law provision for counties or cities.

Patron - Phillips

F HB602

Civil penalties for violations of zoning ordinance. Provides that if a violation is uncorrected at the time of an admission of liability or a finding of liability, the court shall order the violator to abate or remedy the violation in compliance with the zoning ordinance, within a time period established by the court.

Patron - McQuigg

F HB665

Suing localities. Provides that localities may be sued in the circuit court of the locality. A similar provision, applicable to counties, was found in Title 15.1 but was not carried over to Title 15.2 during the recodification of 1997.

Patron - Tate

F HB831

Virginia Baseball Stadium Authority; procurement. Exempts the authority from the provisions of the Virginia Public Procurement Act for the acquisition or construction of any facilities developed by the Authority. Currently the exemption applies to the operation of such facilities.

Patron - Callahan

F HB843

Permitted provisions in zoning ordinances. Allows localities to provide for the review of zoning patterns at specified intervals to correct zoning designations in order to reflect current development and existing capital improvements.

Patron - Howell

F HB853

Impact fees. Expands the existing road impact fee provisions to include school improvements and extends the applicability of such provisions from Northern Virginia localities to all localities. "Impact fee" is defined as a charge or assessment imposed against new development in order to generate revenue to fund or recover the costs of public facilities necessitated by and attributable to the new development. The value of any dedication, contribution or construction from the developer for off-site road improvements and school facility improvements within the service area shall be treated as a credit against the impact fee.

Patron - May

F HB886

Virginia Indoor Clean Air Act. Prohibits smoking in restrooms located in restaurants. Smoking is currently prohibited in restrooms located in buildings owned or leased by the state and public restrooms of health care facilities. There is also a technical amendment.

Patron - Barlow

F HB908

Special exceptions; single-family dwellings. Provides that nothing in the planning and zoning chapter of Title 15.2 shall be construed to prevent a locality from requiring a special exception or special use permit for a use which includes three or more persons unrelated by blood, marriage or adoption residing in a single-family dwelling in an area zoned for single-family use.

Patron - Cranwell

F HB976

Repeated violations of health, safety and nuisance laws; enhanced civil penalty. Provides that the City of Alexandria (described by population), may by ordinance provide for enhanced civil penalties for repeated violations of certain ordinances. The enhanced civil penalties may be assessed against any property owner who (i) during the previous 12 months, has either made admissions of liability or had findings of liability entered against him for civil penalties for six or more violations of local ordinances enacted pursuant to certain state nuisance provisions and (ii) subsequently violates a local ordinance enacted pursuant to any such state provision. The enhanced civil penalty shall not exceed $500 for the first offense and $1,000 for any subsequent offense.

Patron - Van Landingham

F HB1070

Zoning applicant disclosure. Provides that localities may provide by ordinance that any applicant for an amendment to the zoning ordinance, including an applicant for a special exception or special use permit, make complete disclosure of all gifts and donations by the applicant, title owner, contract purchaser or lessee of the land that is the subject of the application, to a member of the governing body during the previous 12 months or during a member's current term of office, whichever is greater. The bill applies only to zoning actions involving five or more houses or where the property involved is assessed at $200,000 or more.

Patron - Marshall

F HB1100

Adequate public facilities. Allows localities to adopt reasonable provisions requiring applicants for various land use permits to demonstrate that public facilities related to the provision of public education, water, sewerage and roads are adequate to support the services that will be required by a proposed subdivision or rezoning. A locality may deny or delay approval or issuance of a building permit if the applicant is unable to demonstrate such adequacy.

Patron - Grayson

F HB1166

Clustering of single-family detached dwellings. Provides that subdivision and zoning ordinances shall contain reasonable provisions allowing the clustering of single-family detached dwellings so as to preserve open space. No local ordinance shall require that a special exception, special use, or conditional use permit be obtained for the clustering of single-family detached dwellings on lots that are up to 20 percent smaller than otherwise required by local ordinance.

Patron - Albo

F HB1285

Impact fees. Allows localities to adopt an impact fee ordinance for public facilities. "Impact fee" is defined as a charge or assessment imposed against new development in order to generate revenue to fund or recover the costs of public facilities necessitated by and attributable to the new development. Such ordinance shall not apply to property that received its zoning designation prior to January 1, 2001. Any locality adopting such an ordinance shall no longer accept proffers pursuant to §§ 15.2-2298 or 15.2-2303. The value of any dedication, contribution or construction from the developer for off-site road improvements and school facility improvements within the service area shall be treated as a credit against the impact fee.

Patron - Black

F HB1334

Virginia Baseball Stadium Authority; income tax credit. Provides that if Virginia receives a major league baseball franchise the ownership group cannot own more than 45 percent of the team if such team wishes to play in the stadium built by the Virginia Baseball Stadium Authority. Provides an income tax credit for purchases for shares of the major league baseball team which are given as gifts to children age 18 or younger.

Patron - Marshall

F HB1416

Group homes. Provides that zoning ordinances shall consider a residential facility in which no more than eight aged persons reside, with one or more resident counselors or other staff persons, as residential occupancy by a single family. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed on such facility. Current law applies to residential facilities in which no more than eight mentally ill, mentally retarded, or developmentally disabled persons reside.

Patron - Katzen

F HB1529

Impact fees for residential development. Provides that a locality may adopt an ordinance providing for payment of impact fees for residential development. The impact fee shall be in an amount representing the proportional total or partial cost of capital improvements reasonably related to the transportation, education, emergency services, law enforcement, recreation, library or other needs for public facilities generated by the additional residential development. No impact fee shall be assessed unless the capital improvements related to the additional development have been included in the locality's capital improvement program. All impact fees collected shall be used by the locality for the purpose of completing capital improvements specified in the ordinance.

Patron - Hargrove

F SB116

Real estate taxes; roll-back taxes. Repeals the current authorization allowing localities to assess roll-back taxes when land being used for agricultural, horticultural, forest, or open-space use is rezoned or changed by the owner of such real estate to a more intensive use. Under current law, when an owner of real estate, in accordance with a local ordinance or agreement with a local governing body, restricts the use of such real estate to an agricultural, horticultural, forest, or open-space use, such owner may be assessed for real estate taxes based on the actual use for which the property is being held, as opposed to an assessment based on fair market value. However, current law also provides for back taxes (roll-back taxes) and interest based on the fair market value of such property when the owner of such real estate, prior to the expiration of the time period agreed to with the local governing body, changes its use from agricultural, horticultural, forest, or open-space use to a more intensive use. Currently, roll-back taxes may be assessed for up to the five most recent complete tax years.

Patron - Potts

F SB124

Authority to impose road impact fees. Adds James City County (described by population) to the localities authorized to impose road impact fees.

Patron - Norment

F SB231

Land use planning. Allows localities to subject telecommunications towers on state land to local comprehensive plan requirements.

Patron - Couric

F SB240

Continuation of state aid to certain localities. Increases the period of time the Commonwealth shall continue to distribute certain state funds to localities at the same level such funds would have been provided had no consolidation taken place where the consolidation results in (i) governmental consolidation or (ii) the consolidation of constitutional officers and school divisions. "Consolidation" includes those functions consolidated due to city reversion.

Patron - Trumbo

F SB280

Governing bodies; prohibition on discharge. Prohibits the discharge from employment of a member of a governing body in Smyth County (described by population), or of any town within such county, as a result of his absence from employment due to attendance at regular meetings of the governing body upon giving written notice of at least 10 days to his employer of such absence. Any employer violating the provisions of this section shall be subject to a civil penalty of up to $2,500.

Patron - Marye

F SB463

Issuance of building permits based on capital improvements. Allows any county that has an average annual growth rate of five percent or greater to establish the maximum number of building permits for new residences to be issued in each calendar year. As a condition to the exercise of this authority, the county shall (i) establish reasonable, maximum debt ratios for the county after consultation with its financial advisors, (ii) adopt a capital improvements program and annually fund the program, and (iii) annually fund at least 10 percent of the capital improvements program with current revenues, exclusive of debt service or funds collected pursuant to proffered zoning conditions. The ordinance may provide for the issuance of building permits for new residential units beyond the established maximum upon the payment by the permit holder of a proportional cash contribution for school and other local capital facilities' costs. Any such payment shall be subject to a reasonable credit for actual contributions to local capital facilities' costs that have been made pursuant to a proffered zoning condition.

Patron - Mims

F SB468

Political activities of firefighters, emergency medical technicians and law-enforcement officers. Provides that no locality shall prohibit firefighters, emergency medical technicians or law-enforcement officers from participating in political activities while these employees are off duty, out of uniform and not on the premises of their employment with the locality.

Patron - Byrne

F SB608

Virginia Baseball Stadium Authority; procurement. Exempts the Authority from the provisions of the Virginia Public Procurement Act for the acquisition or construction of any facilities developed by the Authority. Currently the exemption applies to the operation of such facilities.

Patron - Saslaw

F SB719

Impact fees. Expands the existing road impact fee provisions to include school improvements and extends the applicability of such provisions from Northern Virginia localities to all localities. "Impact fee" is defined as a charge or assessment imposed against new development in order to generate revenue to fund or recover the costs of public facilities necessitated by and attributable to the new development. The value of any dedication, contribution or construction from the developer for off-site road improvements and school facility improvements within the service area shall be treated as a credit against the impact fee.

Patron - Mims

C Carried Over

C HB649

Vested rights. Provides that only acts occurring after July 1, 1998, shall be applicable when determining what qualifies as a significant affirmative governmental act.

Patron - Jones, S.C.

C HB852

Issuance of building permits based on capital improvements. Allows any county that has an average annual growth rate of five percent or greater to establish the maximum number of building permits for new residences to be issued in each calendar year. As a condition to the exercise of this authority, the county shall (i) establish reasonable, maximum debt ratios for the county after consultation with its financial advisors, (ii) adopt a capital improvements program and annually fund the program, and (iii) annually fund at least 10 percent of the capital improvements program with current revenues, exclusive of debt service or funds collected pursuant to proffered zoning conditions. The ordinance may provide for the issuance of building permits for new residential units beyond the established maximum upon the payment by the permit holder of a proportional cash contribution for school and other local capital facilities' costs. Any such payment shall be subject to a reasonable credit for actual contributions to local capital facilities' costs that have been made pursuant to a proffered zoning condition.

Patron - May

C HB1024

Full public disclosure of gifts and donations in certain counties. Provides that in any county that has adopted an optional form of county government and that requires members of the board of supervisors, the planning commission, and the board of zoning appeals to make a full public disclosure of certain gifts or donations from applicants in proceedings before the board, the members shall report the totals of all such gifts and donations. If a land owner that has purchased land from a public agency subsequently requests a zoning change, the members shall be required to make a full public disclosure of gifts and donations from the previous owner. Furthermore, in any such county, the attorney for the Commonwealth shall submit an annual public report to demonstrate that local elected officials have complied with all disclosure requirements.

Patron - Dillard

C HB1033

Regulation of exterior illumination. Allows localities to provide for the regulation of exterior illumination levels of buildings and property. Such ordinance may call for exterior illumination to be accomplished with standard engineering practices that will cause such illumination to be confined to the boundaries of the property. The ordinance may apply to any private property or any property developed utilizing funds of the Commonwealth.

Patron - Bloxom

C HB1129

Conditional zoning. Provides that localities shall not include, as part of the conditional zoning process, conditions that require the applicant to create a property owners' association or that require members of a property owners' association to pay an assessment for open space, parks, schools, fire departments or other public facilities.

Patron - Cranwell

C HB1401

Rezoning of certain residential property. Permits high-growth localities to include provisions in a zoning ordinance allowing a locality to reduce the intensity or density of a residential zoning classification, including rezoning to a non-residential use, on a property that has not begun significant development within five years of being zoned for residential use.

Patron - Barlow

C HB1442

Virginia Omnibus Local Government Financing Powers Act of 2000. Reforms local government taxing authority, and the powers of counties, to allow high-growth localities, and localities with certain types of conditional zoning power, to more adequately fund transportation improvements and public school operations in order to relieve intensive growth pressures by (i) conforming local taxing powers by granting counties the same powers of taxation that are now granted only to municipalities by the Uniform Charter Powers Act; (ii) expanding the applicability of optional local income tax authority by including all high-growth localities; (iii) requiring the referendum for approval of the local income tax to be held at the general election in November of 2000; (iv) allowing the revenues from such tax to be used for educational purposes, rather than for transportation facilities only; (v) deleting provisions which would prevent a locality that levies the local income tax from reducing the total amount of its annual general fund appropriations for transportation below the amount appropriated prior to levying the tax; and (v) repealing the five-year sunset clause.

Patron - Hull

C HB1495

Fund raising from stopped motorists. A civic organization shall not solicit stopped motorists for fund-raising purposes unless it has first obtained a permit from the locality. A locality may issue such permits only for non-interstate roads and only for use by persons 18 years of age or older.

Patron - Devolites

C SB433

Transfer of development rights. Authorizes localities as part of their zoning ordinances to provide for transfer of development rights from one parcel of land to another parcel of land, thereby increasing the density of development on one parcel while restricting development on the other parcel.

Patron - Whipple

C SB449

Zoning of certain group homes. Clarifies that the relevant jurisdictions are required to consider only nonprofit group homes or other nonprofit residential facilities in which no more than eight mentally ill, mentally retarded, developmentally disabled, otherwise disabled, aged or infirm persons reside, with one or more resident counselors or other staff persons, as residential occupancy, i.e., having the same restrictions, etc. as single family resident zoning. In other words, in the case of for-profit facilities operated as businesses, the designated jurisdictions may apply other zoning restrictions.

Patron - Ticer

C SB465

Zoning ordinance; low income and disabled or senior citizen dwelling units. Allows any locality to enact an ordinance requiring owners of new apartment projects with 25 units or more to set aside 10 percent or the units for persons of low income, persons aged 60 or older or disabled persons. Such ordinance shall provide that all building permit, impact, sewer and water connection fees for such units are waived.

Patron - Colgan

C SB561

Adoption of ordinances related to criminal laws of the Commonwealth. Provides that any locality adopting an ordinance that parallels criminal laws of the Commonwealth shall, in the ordinance, incorporate by reference the appropriate Code section of the parallel state statute. In such localities, if an individual is charged with or cited for a violation of a local ordinance that parallels a criminal law of the Commonwealth, any summons or warrant issued to the individual shall include a reference to the Code section of the parallel state statute. Localities are not required to readopt ordinances heretofore validly adopted. Failure to include a reference to the Code section of the parallel state statute shall not be grounds for dismissal of the summons or warrant.

Patron - Quayle

C SB655

Disclosures in land use proceedings. Requires any member of the governing body, the planning commission, or the board of zoning appeals in any proceeding before such body involving an application for a special exception or variance or involving an application for amendment of a zoning ordinance, prior to any hearing on the matter or at such hearing, to make a full public disclosure of any business or financial relationship which such member has, or has had within the 12 month period prior to such hearing with (i) the applicant in such case, (ii) the title owner, (iii) with any trust beneficiary having an interest in such land, and (iv) with the agent, attorney or real estate broker of any of the foregoing. Members shall also disclose receipt by the member, or by any person, firm, corporation or committee on his behalf from the applicant in the case of any gift or donation having a value of $200 or more. Any person knowingly and willfully violating the provisions of the bill shall be guilty of a Class 1 misdemeanor.

Patron - Houck

C SB669

Creation of shared-cities. Provides for the creation of shared-cities, which shall have the powers, duties and responsibilities of a town and shall retain such additional powers of the former city as approved by the special court. The shared-city's legal relationship with the surrounding county shall be governed by the same laws that govern county-town relationships, except as modified by the order creating the shared-city. The process to create a shared-city may be initiated by a majority vote of the city council. Thereafter the process mirrors that of the city reversion process, including the appointment of a three-judge special court. This is a recommendation of the Commission on the Condition and Future of Virginia's Cities.

Patron - Hanger

C SB714

Conditional zoning. Provides that localities shall not include, as part of the conditional zoning process, conditions that require the applicant to create a property owners' association or that require members of a property owners' association to pay an assessment for open space, parks, schools, fire departments or other public facilities.

Patron - Watkins