09072010 LEGISLATIVE AGENDA PRESENTATIONLEGISLATIVE AGENDA
GENERAL ASSEMBLY SESSION Z O 11
CITY OF VIRGINIA BEACH
LEGISLATIVE AGENDA
GENERAL ASSEMBLY SESSION 2011
SEPTEMBER 7, 2010
CITY COUNCIL MEETING
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Preface ...............................................................................................................................................................................................
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City of Virginia Beach 2011 Requested Code of Virginia Changes .................................................................3
Paddleboards in Swimming and Surfing Areas .............................................................................................................3
Procedures for Notifying Accused of Certificate of Analysis; Waiver; Continuances ................................4
Riding on Motorcycles, Generally .........................................................................................................................................5
Possessing Firearm While Under the Influence of Alcohol or Illegal Drugs ...................................................6
Criminal History Record Information Check for Transfer of Certain Firearms ...........................................7
Issuing Civil Summons Via Contractor Working on Behalf of a Municipality ...............................................8
Disability Retirement: Ineligibility for Malfeasance in Office ...............................................................................9
Job-Related Disability Retirement: Alternative Eligibility Guidelines ...................................................10-11
Sales Tax Capture for Hotel Development Adjacent or Connected to the Convention Center...........12
Post Labor Day Opening for Schools ................................................................................................................................13
Court Fines and Fees .................................................................................................................................................................14
Courthouse Maintenance Fee ...............................................................................................................................................15
Historical Property Tax Incentives ....................................................................................................................................16
Expansion of the Virginia Human Rights Act ...............................................................................................................17
City of Virginia Beach Funding Items ......................................................................................................18
Continued Funding for BRAC Effort .................................................................................................................................18
Appendix: Drafts of Proposed Legislation-Keyed to Requested Code Changes ..........................19
Procedures for Notifying Accused of Certificate of Analysis; Waiver; Continuances .............................20
Riding on Motorcycles, Generally ......................................................................................................................................21
Possessing Firearm While Under the Influence of Alcohol or Illegal Drugs ................................................22
Criminal History Record Information Check for Transfer of Certain Firearms ........................................23
Sales Tax Capture for Hotel Development Adjacent or Connected to the Convention Center...24-30
The 2011 Session of the General Assembly will be, as always, very importa~rt to the
Commonwealth. Although it is not likely there will be the $4 billion shortfall for the General
Assembly to deal with as was the case with the 2010 session; the second year of the biennium
budget will certainly be difficult, none the less. After addressing the unprecedented revenue
shortfalls during the last session, there is still great uncertainty with economy as this is written.
The possibility of a double dip recession is still quite strong and although the Commonwealth's
unemployment rate at approximately 7% is very good considering other states east of the
Mississippi, it is still too high for those that are unemployed. The housing industry, which is
vitally important to the economy of the Commonwealth, it is still in the doldnuns and will likely
stay there for many months into the future.
As always there will be policy decisions made during the 2011 session that will have tremendous
impact on the lives of Virginians. The City is very appreciative of Governor McDonnell's
efforts to reform State government in order to make it more effective; as well as his and
Lieutenant Governor Boling's efforts to create more jobs throughout the Commonwealth. More
jobs and a more effective government will assist in addressing additional economic issues and
prepare the Commonwealth for quick growth as the economy overall improves.
The City is concerned, as are all local governments, about the possibility of ABC privatization,
however. Currently, approximately $220 million per year goes to the General Fund, which helps
to fiend schools, public safety and many other basic services. Also, there are questions about the
local governments control over ABC stores if they were to be privatized. We ask that those
concerns are foremost in the deliberations as we move forward with government reform and
overhaul, especially the privatization of ABC stores.
As the City has been saying for many years, the General Assembly has attempted repeatedly to
address transportation and has been unsuccessful. Although HB3202 would have created
tremendous amounts of new revenue for the Commonwealth and especially for Hampton Roads
and Northern Virginia, those efforts went wasted because of the n~ling of the State Supreme
Court. The City of Virginia Beach now receives zero dollars from the Commonwealth for urban
street constn~ction, down from an amount in the mid $30 million amount just a few years ago.
Transportation has become a quality of life issue and is leading to decreased economic
development and productivity. What is most troubling about the inability of General Assembly
to react to the transportation crisis, is senior officials of the Navy repeatedly saying that they
would not support additional commands coming to Hampton Roads until we address our
transportation issues. This must be addressed as soon as possible.
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In last, as has been previously stated in the past, City Council continues to be concerned about
the level of binding available for basic services like education, social services and public safety.
Perhaps the Governors Reform Commission will determine more appropriate levels of State
funding and responsibility for these services. This is an issue that should and must be addressed
as soon as possible.
We wish the General Assembly members the best in the upcoming 2011 session.
1. PADDLEBOARDS IN SWIMMING AND SURFING AREAS
ChiefJamesA. Cervera
Department of Police
Background Information:
Paddleboards are large, heavy boards used for recreational purposes in coastal waters.
The Coast Guard has classified paddleboards as "vessels" and has imposed regulations on
their use, but those regulations apply only when the paddleboards are used outside of
designated swim/surf zones. Because the use of paddleboards in swimming and surfing
areas could create a safety hazard for swimmers or persons wading into the water, the City
seeks authority to regulate the operation of these vessels in swimming or surfing areas.
Request:
We request that the General Assembly enact legislation that would authorize Virginia
Beach to regulate, by ordinance, the use and operation of paddleboards when such vessels
are operated within any area designated by the City as a swimming or surfing area.
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2. PROCEDURES FOR NOTIFYING ACCUSED OF CERTIFICATE OF ANALYSIS;
WAIVER; CONTINUANCES
ChiefJamesA. Cervera
Department of Police
Background Information:
The issue involves giving notice to a person that the arresting officer intends to use a
certificate of analysis in court. The code currently requires a copy to be filed with the court
the same day it is giving to the accused. An officer can't possible comply with this code if a
person is arrested on a Friday night and is given a copy of the certificate of analysis and
notice. Since the notice form does not reach the clerk's office until Monday, it is several
days late. This has resulted in several breath test results being thrown out of court and on
some occasions the entire DUI case being lost.
Request:
We request that the General Assembly amend Virginia Code § 19.2-187.1 to give an officer
7 days to file the copy.
See Appendix Item 2 (page 21) for text of the requested legislative change.
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3. RIDING ON MOTORCYCLES, GENERALLY
ChiefJamesA. Cervera
Department of Police
Background Information:
The reason for this request is that with the increased fuel cost we are seeing an increase in
motorcycle usage and with this increase we are also see an increase in passengers. Since
there is no safety devices manufactured for children and toddlers it is quite unsafe and
impractical for a child under the age of 8 to ride on a motorcycle. It is also quite difficult for
most children under the age of 9 to stay on the motorcycle while it is driving.
Request:
We request that the General Assembly amend Virginia Code § 46.2-909 so that no person
under the age of 9 shall ride on a motorcycle.
See Appendix Item 3 (page 22) for text of the requested legislative change.
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4. POSSESSING FIREARM WHILE UNDER THE INFLUENCE OF ALCOHOL OR
ILLEGAL DRUGS
ChiefJamesA. Cervera
Department of Police
Background Information:
Code § 18.2-308 should be amended as officers are increasingly coming into contact with
individuals that are legally carrying a firearm but are intoxicated. This would include
people who are openly carrying a firearm or have it in plain view in a vehicle as they drive.
The current Code prohibits a person with a concealed handgun permit to carry the
handgun if they are intoxicated but there is no prohibition for a person to possess a firearm
in plain view or "open carry" if they are intoxicated.
Request:
We request that the General Assembly amend Virginia Code § 18.2-308 be amended so that
any person who is under the influence of alcohol or illegal drugs while possessing a firearm
in a public place shall be guilty of a Class 1 misdemeanor.
See Appendix Item 4 (page 23) for text of the requested legislative change.
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5. CRIMINAL HISTORY RECORD INFORMATION CHECK FOR TRANSFER OF
CERTAIN FIREARMS
Councilmember Bill DeSteph
Background Information:
State law requires a gun dealer selling a firearm to an individual to obtain criminal history
record information from the Department of State Police prior to completing the sale.
Certain individuals and transactions are exempt from the background check requirements.
A person who purchases a handgun in a private sale is exempt from the background check
requirements. Questions have arisen in enforcing this law as to whether a dealer can have
"business inventory" and a separate "personal inventory" of firearms that may qualify for
the private sale exemption. As currently written, the law references sales or transfers from
a dealer's inventory, but does not distinguish between a dealer's business inventory and a
dealer's personal inventory.
Request:
In an effort to better protect citizens and to clarify that criminal history record information
checks are required for firearm sales by a gun dealer, regardless of whether those firearms
are part of his business inventory or his personal inventory, we request that the General
Assembly amend Virginia Code §§ 18.2-308.2:2(B)(1) and 18.2-308.2:2 (C) to delete the
three occurrences of the phrase "from his inventory.")
See Appendix Item 5 (page 24) for text of the requested legislative change.
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6. ISSUING CIVIL SUMMONS VIA CONTRACTOR WORKING ON BEHALF OF A
MUNICIPALITY
Tom Leahy
Department of Public Utilities
Background In f or~uction:
Virginia Code Section 15.2-2122 currently only grants a municipal employee incidental powers
including the ability to issue civil summons. The changes we are proposing will allow a
contractor worl~ing on behalf of the municipality the ability to issue civil summons. The
contractor will be required to have the appropriate certifications from the Virginia Department of
Housing and Community Development; and the Director of the Department of Public Utilities or
his designee must authorize for the civil summons to be issued by the contractor.
Request:
See Appendix Item 6 (page 25) for text of the requested legislative change.
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7. DISABILITY RETIREMENT: INELIGIBILITY FOR MALFEASANCE IN OFFICE
Patti Phillips
Department of Finance
Background Information:
Presently employees are entitled to disability retirement when an injury renders them
unable to perform the essential functions of their specific job regardless of whether they
were terminated or cause for termination existed due to egregious misconduct in office.
Although this situation may not occur regularly, there have been instances where
employees were ultimately granted disability retirement despite criminal convictions for
illegal conduct that occurred in office or, perhaps less egregious, when cause for
termination existed at the time of separation due to ongoing administrative investigations.
While Virginia Code § 51.1-153(C) sets forth that "no member shall be entitled to the
benefits of this subsection if his employer certifies that his service was terminated because
of dishonesty, malfeasance or misfeasance in office", the disability retirement code section
lacks similar provisions. Localities and citizens should not be taxed with providing
disability retirement benefits for employees who have undertaken egregious indiscretions.
Request:
The General Assembly is requested to amend Virginia Code § 51.1-156 disability
retirement to add a section as follows:
No member shall be entitled to the benefits of this section if his employer certifies that the
employee was separated from service because of dishonesty, malfeasance, or misfeasance
in office or the member is convicted of a felony involving malfeasance, misfeasance or other
abuse of office.
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8. JOB-RELATED DISABILITY RETIREMENT: ALTERNATIVE ELIGIBILITY
GUIDELINES
Patti Phillips
Department of Finance
Background:
The current VRS disability retirement code provisions provide for employees to retire on
disability if they cannot perform the job for which they were hired and the disability is a
result of ajob-related injury. This is the case even if the employee is medically able to
perform other work without diminution of salary or benefits within the local government.
VRS' eligibility determination process for disability retirements does not afford localities
the opportunity to provide employees an alternate position within the employee's medical
capabilities.
Presently employees are entitled to disability retirement when an injury renders them
unable to perform the essential functions of their specific job. In some cases; however, the
employee is capable of performing other work and the locality may have alternate
positions available for the employee within the parameters of the employee's medical
restrictions.
Providing an option to employers to locate other jobs within the organization with
comparable pay, and allowing employees who are medically able to perform work to accept
an alternate position within the locality would be less expensive for the VRS system and the
employer. Likewise, it would provide continuous employment and benefits for the
employee.
Request:
The General Assembly is requested to amend Virginia Code § 51.1-156 Disability
retirement to allow a local government employer the option to review the knowledge, skills
and abilities of employees with job-related injuries and advise VRS if alternate positions
are available; pursuant to the following guidelines:
1. If the employee cannot perform the essential functions of the job for which he/she
was hired and the local government cannot retain the employee in that position, THEN, the
local government shall have the option of finding an available alternate position within its
organization or affiliated organizations (locality, school board, development authority,
constitutional offices) (a) for which the employee is qualified, or can be qualified, that is
within the employee's medical restrictions; (b) that does not result in a diminution of
salary or benefits; and (c) that has been offered to the employee. IF the locality chose
to and was successful in finding an alternate position, the employee is capable of
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performing other work, and the alternate position is offered, the locality could advise VRS
that an alternate position(s) is available and has been offered to the employee.
2. a. In the case of law enforcement employees: if the local government chooses to
find an alternate position within its organization or affiliated organization and one is
available within the employee's medical restrictions, that would not result in a diminution
of salary or benefits, then any person disabled in any covered public safety position who
(1) completed the respective Virginia Beach public safety academy, applicable field
training and has been released to unsupervised duties in a LEO covered position and (2)
who takes municipal employment in a non-covered position with the same local
government shall retain the rights to the annual allowance in Virginia Code § 51.1-217
when they qualify for a service retirement. In addition, if said member retires with a
service retirement at 25 years or more the service retirements will be unreduced. [This
would also require an amendment to 51.1-138 or creation of a 51.1-138.1.]
b. If the local government chooses to find an alternate position and one is
available within the employee's medical restrictions, that would not result in a diminution
of salary or benefits, then in the case of law enforcement employees who have completed
the respective Virginia Beach public safety academy, applicable field training and has been
released to unsupervised duties in a LEO covered position and who accept an alternate
non-LEO position, upon service retirement from the same local government, the employee
would be eligible, upon request, to obtain a retired law-enforcement officers photo
identification card. [This provision would also require an amendment to §9.1-1000.]
Code provisions affected: § 51.1-156 Disability retirement; §51.1-138. Benefits, and §9.1-
1000.
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9. SALES TAX CAPTURE FOR HOTEL DEVELOPMENT ADJACENT OR CONNECTED
TO THE CONVENTION CENTER
Patti Phillips
Department of Finance
Background Information:
A number of localities, starting with Roanoke in 1995, have received authority from the
General Assembly to capture a portion of the sales tax generated from a public facility such
as an auditorium, a coliseum, a convention center, or a conference center. In the 2009
General Assembly Session, the City of Virginia Beach was added to the list of localities
eligible for this sales tax capture.
The definition of "public facility" provided for the sales tax capture in Virginia Code § 58.1-
608.3 includes "any hotel which is attached to and is an integral part of such facility." The
City seeks a legislative clarification for a hotel that is both adjacent to a publicly owned
convention center and is the result of apublic-private partnership between a municipality
and a private entity where the municipality contributes infrastructure, land or conference
space.
Additionally, the window of time for the issuance of bonds entitled to the sales tax capture
will close on July 1, 2012. The City seeks an extension of this window to July 1, 2015.
Request:
The City requests that the General Assembly amend § 58.1-608.3 to clarify the definition of
a "public facility" to include a hotel that is both adjacent to a publicly owned convention
center and is the result of apublic-private partnership between a municipality and a
private entity where the municipality contributes infrastructure, land or conference space.
The City also requests extending the window of time for the issuance of bonds from July 1,
2012 to July 1, 2015.
See Appendix Item 9 (page 29) for text of the requested legislative change.
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10. POST LABOR DAY OPENING FOR SCHOOLS
Jim Ricketts
Department of Convention and Visitors Bureau
Background Information:
The total economic impact of the tourism industry in Virginia Beach for calendar year 2008
was $1.42 billion, stimulating 13,600 jobs. Starting schools in Virginia Beach and other
localities in the Commonwealth prior to Labor Day would have significant financial
consequences in the long term. Beginning schools prior to Labor Day would effectively
reduce the available vacation time in August by two weeks, which is prime family vacation
time that cannot be replaced. If the Virginia Beach school system begins before Labor Day
and other localities follow our lead, it will have a negative effect on the economic impact of
the tourism industry. To a lesser extent, this will also have an impact on this industry by
affecting the labor pool available prior to Labor Day.
ReQuest:
The General Assembly is requested to maintain the existing legislation concerning post
Labor Day opening of schools. This allows all schools to open after Labor Day except those
given exemptions by the State Board of Education.
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11. COURT FINES AND FEES
James K. Spore
City Manager
Background:
On April 3, 2007, Virginia Beach City Council appointed a Blue Ribbon Tax, Fee and
Spending Task Force. It was created to identify alternative tax and fee funding sources and
spending policies and strategies; moreover it was divided into revenue and expenditure
committees.
On November 30, 2007, the Task Force presented revenue generating recommendations to
City Council. In the final report, they indicated a need to increase court fines and fees to
offset the cost of police officer court appearances and overtime associated with their
presence.1
Presently, the fines and fees offset 100% of the courts operating costs with an additional
2% for all other additional costs. While the 2% can be applied toward the cost of police
officer presence, the offset is minimal.
Request:
Request that the General Assembly adjust the maximum misdemeanor fine schedule
annually by the rate of inflation.
~ Bh~e Ribbon Tai, Fee and Spending Tash Force Report to Council, Noy°ember 30, 2007, Sec. 7.~j, p. 19.
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12. COURTHOUSE MAINTENANCE FEE
James K. Spore
City Manager
Background Information:
On April 3, 2007, Virginia Beach City Council appointed a Blue Ribbon Tax, Fee and
Spending Task Force. It was created to identify alternative tax and fee funding sources and
spending policies and strategies; moreover it was divided into revenue and expenditure
committees.
On November 30, 2007, the Task Force presented revenue generating recommendations to
City Council. In the final report, they indicated a need to increase the courthouse
maintenance fee biennially to keep pace with the cost of maintaining the City's courthouse.z
Presently, the City of Virginia Beach's rate is $2/criminal or traffic case, and the City's
caseload is the highest in the state. The cost of maintaining this heavily used facility is
increasing.
Request:
In accordance with the Blue Ribbon Committee's suggestion, the City of Virginia Beach
requests the General Assembly allow localities to adjust the Courthouse Maintenance Fee
schedule to reflect a biennial increase based upon the rate of inflation. If the fee would
have been indexed against inflation five years ago, the City would have increased revenues
5.18% and generated an additional $89,352. The table data in the below indicate the
adjusted fee based upon the rate of inflation for the past five years.
Fiscal
Year
CPI1 Courthouse Maintenance Fees
Actual Inflated
Inflation Fee Revenues Revenues
Revenue
Change
Percent
Change
2010 z 216.74 2.38% 2.33 $ 126,904 $ 147,892 $20,988 16.54%
2009 214.66 2.28 164,935 187,743 22,808 13.83%
2008 211.70 6.38% 2.28 152,422 173,500 21,078 13.83%
2007 204.14 2.14 149,636 160,111 10,475 7.00%
2006 199.0 6.93% 2.14 202,021 216,025 14,004 6.93%
2005 191.7 2.00 199,620 199,620 - 0.00%
2004 186.1 2.00 208, 647 208, 647 - 0.00%
Total $1,204,185 $1,293,537 $89,352 7.42%
1. Computed on a fisca l year basis. 2. represents unaud ited revenue fi gures.
Source: Virginia8eachDepartmentofManagementservices
Blue Ribbon Tax, Fee and Spending Task Force Report to Council, November 30, 2007, Sec. 7.4a, p. 16.
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13. HISTORICAL PROPERTY TAX INCENTIVES
Virginia Beach Historic Preservation Commission
Background:
Stronger incentives are needed for homeowners whose properties are listed on the state's
historical register, officially known as The Virginia Landmarks Register, to voluntarily
maintain the historical character and integrity of their homes. Such incentives for voluntary
preservation are particularly critical in cities such as Virginia Beach in which historical
properties are not clustered together and therefore do not lend themselves to the creation
of historical districts in which preservation standards are typically maintained through
ordinances.
Current state laws allow municipalities to offer incentives in the way of historical tax
abatements on certain types of capital improvements. Virginia Beach has enacted such
ordinances over past years. However, the appeal of this program to qualifying private
homeowners has been very weak, as evidenced by the fact that none have yet sought to
participate.
Request:
Request that the General Assembly add a new code section, modeled after Virginia Code §
58.1-3221.2 ("Energy Efficient Buildings), creating a separate classification of real property
for houses and other structures that are listed on The Virginia Landmarks Register. This
classification would allow the City or any other Virginia locality to affix a tax rate that is
either the same or less than the tax rate applicable to the general class of real property.
It is estimated in Virginia Beach that there are no more than 50 private properties in terms
of those which are either already on, or could qualify, for The Virginia landmarks Register.
Therefore, the impact on our total tax revenues would be minimal. On the other hand, since
these are the only privately owned historical properties we have left in our City; the impact
upon our history could be very great.
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14. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT
Virginia Beach Human Rights Commission
Background Information:
The Virginia Human Riglrts Act (Va. Code §2.2-3900 et seq.) currently prohibits discrimination
based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical
conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the
aforementioned since 1994.
Request:
The City requests that the General Assembly amend the Virginia Human Rights Act to also
prohibit discrimination based on sexual orientation.
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1. CONTINUED FUNDING FOR BRAG EFFORT
James K. Spore
City Manager
Background Information:
Since January, 2007, the City of Virginia Beach and the Commonwealth of Virginia have
been partnering to address the concerns that were raised by the Base Realignment and
Closure (BRAG) Commission in 2005. This partnership has involved the cost sharing of $15
million annually to purchase properties in the APZ-1 and Clear Zone areas around Naval Air
Station (NAS) Oceana and in the Interfacility Traffic Area (ITA) between Oceana and the
Naval Auxiliary Landing Field Fentress. The City has established a policy of spending $7.5
million per year in perpetuity to comply with the BRAG Order, with the expectation that the
Commonwealth will provide matching funds for expenses associated with the acquisition of
land in the APZ-1 and Clear Zone areas around Oceana and in the ITA. For FY 2010-11, the
City has received a grant for $7.5 million from the Virginia National Defense Industrial
Authority through its Military Strategic Response Fund (MSRF) appropriations; however,
no funding has been made available through the MSRF for FY 2011-12.
The City plans to continue its policy of spending $7.5 million each year and requests that
the General Assembly provide a matching amount for FY 2011-12.
Request:
Request that the General Assembly provide funds through the Military Strategic Response
Fund in FY 2011-12 to the City of Virginia Beach to meet the requirements of the BRAG
Compliance Plan. Providing these funds will reinforce our message to the U.S. Navy that the
Commonwealth and City of Virginia Beach are still dedicated to preserving Naval Air
Station Oceana.
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APPENDIX: DRAFTS OF PROPOSED LEGISLATION -KEYED TO
REQUESTED CODE CHANGES
LEGISLATIVE ITEM 2
PROCEDURES FOR NOTIFYING ACCUSED OF CERTIFICATE OF ANALYSIS;
WAIVER; CONTINUANCES
ChiefJamesA. Cervera
Department of Police
§ 19.2-187.1. Procedures for notifying accused of certificate of analysis; waiver;
continuances.
A. In any trial and in any hearing other than a preliminary hearing, in which the
attorney for the Commonwealth intends to offer a certificate of analysis into evidence in
lieu of testimony pursuant to § 19.2-187, the attorney for the Commonwealth shall:
1. Provide by mail, delivery, or otherwise, a copy of the certificate to counsel of record
for the accused, or to the accused if he is proceeding pro se, at no charge, no later than 28
days prior to the hearing or trial;
2. Provide simultaneously with the copy of the certificate so provided under
subdivision 1 a notice to the accused of his right to object to having the certificate admitted
without the person who performed the analysis or examination being present and
testifying;
2a. When the attorney for the Commonwealth intends to present such testimony
through two-way video conferencing, attach to the copy of the certificate provided under
subdivision 1 a notice on a page separate from the notice in subdivision 2 specifying that
the person who performed the analysis or examination may testify by two-way video
conferencing and that the accused has a right to object to such two-way video testimony;
and
3. File a copy of the certificate and notice with the clerk of the court hearing the matter
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LEGISLATIVE ITEM 3
RIDING ON MOTORCYCLES, GENERALLY
ChiefJamesA. Cervera
Department of Police
§ 46.2-100 Riding on motorcycles, generally.
Every person operating a motorcycle, as defined in § 46.2-100 excluding three-wheeled
vehicles, shall ride only upon the permanent seat attached to the motorcycle, and such
operator shall not carry any other person. No other person shall ride on a motorcycle
unless the motorcycle is designed to carry more than one person, in which event a
passenger may ride on the permanent seat if designed for two persons, or on another seat
firmly attached to the rear or side of the seat for the operator. If the motorcycle is designed
to carry more than one person, it shall also be equipped with a footrest for the use of such
passenger.
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LEGISLATIVE ITEM 4
POSSESSING FIREARM WHILE UNDER THE INFLUENCE OF ALCOHOL OR
ILLEGAL DRUGS
ChiefJamesA. Cervera
Department of Police
§ 18.2-308 Any person possessing a firearm r°rm~++°,a +° ,.~,rr., ~, ,.°n,.°~i°,a ~~n~°„n, v~,ho
is under the influence of alcohol or illegal drugs while possessing Ong such ~
firearm in a public place ,shall be guilty of
a Class 1 misdemeanor.
Conviction of any of the following offenses shall be prima facie evidence,
subject to rebuttal, that the person is "under the influence" for purposes of this section:
manslaughter in violation of § 18.2-36.1, maiming in violation of § 18.2-51.4, driving while
intoxicated in violation of § 18.2-266, public intoxication in violation of § 18.2-388,
or driving while intoxicated in
violation of § 46.2-341.24. Upon such conviction that court shall revoke the person's permit
for a concealed handgun and promptly notify the issuing circuit court A
person convicted of a violation of this subsection shall be ineligible to apply for a concealed
handgun permit for a period of five years
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LEGISLATIVE ITEM 5
CRIMINAL HISTORY RECORD INFORMATION CHECK FOR TRANSFER OF
CERTAIN FIREARMS
Councilmember Bill DeSteph
§§ 18.2-308.2:2(B)(1) and 18.2-308.2:2 (C)
Delete the three occurrences of the phrase "from his inventory."
No dealer shall sell, rent or transfer h-i-s--i-i~+ any firearm
~n cn
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LEGISLATIVE ITEM 6
ISSUING CIVIL SUMMONS VIA CONTRACTOR WORKING ON BEHALF OF A
MUNICIPALITY
Tom Leahy
Department of Public Utilities
§ 15.2-2122 Localities authorized to establish, etc., sewage disposal system; incidental
powers.
For the purpose of providing relief from pollution, and for the improvement of conditions
affecting the public health, and in addition to other powers conferred by law, any locality
shall have power and authority to:
1. Establish, construct, improve, enlarge, operate and maintain a sewage disposal system
with all the necessary sewers, conduits, pipelines, pumping and ventilating stations,
treatment plants and works, and other plants, structures, boats, conveyances and other real
and personal property necessary for the operation of such system, subject to the approvals
required by § 62.1-44.19.
2. Acquire as permitted by § 15.2-1800, real estate, or rights or easements therein,
necessary or convenient for the establishment, enlargement, maintenance or operation of
such sewage disposal system and the property, in whole or in part, of any private or public
service corporation operating a sewage disposal system or chartered for the purpose of
acquiring or operating such a system, including its lands, plants, works, buildings,
machinery, pipes, mains and all appurtenances thereto and its contracts, easements, rights
and franchises, including its franchise to be a corporation, and have the right to dispose of
property so acquired no longer necessary for the use of such system. However, any locality
condemning property hereunder shall rest under obligation to furnish sewage service, at
appropriate rates, to the customers of any corporation whose property is condemned.
3. Borrow money for the purpose of establishing, constructing, improving and enlarging
the sewage disposal system and to issue bonds therefor in the name of the locality.
4. Accept gifts or grants of real or personal property, money, material, labor or supplies for
the establishment and operation of such sewage disposal system and make and perform
such agreements or contracts as may be necessary or convenient in connection with the
procuring or acceptance of such gifts or grants.
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5. Enter on any lands, waters and premises for the purpose of making surveys, borings,
soundings and examinations for constructing and operating the sewage disposal system,
and for the prevention of pollution.
6. Enter into contracts with the United States of America, or any department or agency
thereof, or any person, firm or corporation, or the governing body of any other locality,
providing for or relating to the treatment and disposal of sewage and industrial wastes.
7. Fix, charge and collect fees or other charges for the use and services of the sewage
disposal system; and, except in counties which are not otherwise authorized, require the
connection of premises with facilities provided for sewage disposal services. Water and
sewer connection fees established by any locality shall be fair and reasonable. Such fees
shall be reviewed by the locality periodically and shall be adjusted, if necessary, to assure
that they continue to be fair and reasonable. Nothing herein shall affect existing contracts
with bondholders which are in conflict with any of the foregoing provisions.
8. Finance in whole or in part the cost of establishing, constructing, improving or enlarging
the sewage disposal systems authorized to be established, constructed, improved or
enlarged by this section, in advance of putting such systems in operation.
9. Fix, charge and collect fees and other charges for the use and services of sanitary,
combined and storm water sewers operated and maintained by any locality. Such fees and
charges may be fixed and collected in accordance with and subject to the provisions of §
15.2-2119.
10. Establish standards for the use and services of sanitary, combined and stormwater
sewer systems, treatment works and appurtenances operated and maintained by any
locality, including but not limited to implementation of applicable pretreatment
requirements pursuant to the State Water Control Law (§ 62.1-44.2 et seq.) and the federal
Clean Water Act (33 U.S.C. § 1251 et seq.). Such sewer use standards may be implemented
by ordinance, regulation, permit or contract of the locality or of the wastewater authority
or sanitation district, where applicable, and violations thereof may be enforced by the same
subject to the following conditions and limitations:
a. No order assessing a civil penalty for a violation shall be issued until after the
user has been provided an opportunity for a hearing, except with the consent of the user.
The notice of the hearing shall be served personally or by registered or certified mail,
return receipt requested, on any authorized representative of the user at least 30 days
prior to the hearing. The notice shall specify the time and place for the hearing, facts and
legal requirements related to the alleged violation, and the amount of any proposed
?5
penalty. At the hearing the user may present evidence including witnesses regarding the
occurrence of the alleged violation and the amount of the penalty, and the user may
examine any witnesses for the locality. A verbatim record of the hearing shall be made.
Within 30 days after the conclusion of the hearing, the locality shall make findings of fact
and conclusions of law and issue the order.
b. No order issued by the locality shall assess civil penalties in excess of the
maximum amounts established in subdivision (8a) of § 62.1-44.15, except with the consent
of the user. The actual amount of any penalty assessed shall be based upon the severity of
the violations, the extent of any potential or actual environmental harm or facility damage,
the compliance history of the user, any economic benefit realized from the noncompliance,
and the ability of the user to pay the penalty, provided, however, that in accordance with
subdivision 10 d, a locality may establish a uniform schedule of civil penalties for specified
types of violations. In addition to civil penalties, the order may include a monetary
assessment for actual damages to sewers, treatment works and appurtenances and for
costs, attorney fees and other expenses resulting from the violation. Civil penalties in
excess of the maximum amounts established in subdivision (8a) of § 62.1-44.15 may be
imposed only by a court in amounts determined in its discretion but not to exceed the
maximum amounts established in § 62.1-44.32.
c. Any order issued by the locality, whether or not such order assesses a civil
penalty, shall inform the user of his right to seek reconsideration or review within the
locality, if authorized, and of his right to judicial review of any final order by appeal to
circuit court on the record of proceedings before the locality. To commence an appeal, the
user shall file a petition in circuit court within 30 days of the date of the order, and failure
to do so shall constitute a waiver of the right to appeal. With respect to matters of law, the
burden shall be on the party seeking review to designate and demonstrate an error of law
subject to review by the court. With respect to issues of fact, the duty of the court shall be
limited to ascertaining whether there was substantial evidence in the record to reasonably
support such findings.
d. In addition, a locality may, by ordinance, establish a uniform schedule of civil
penalties for violations of fats, oils, and grease standards; infiltration and inflow standards;
and other specified provisions of any ordinance (other than industrial pretreatment
requirements of the State Water Control Law (§ 62.1-44.2 et seq.) or federal Clean Water
Act (33 U.S.C. § 1251 et seq.). The schedule of civil penalties shall be uniform for each type
of specified violation, and the penalty for any one violation shall be a civil penalty of not
more than $100 for the initial summons, not more than $150 for each additional summons
and not more than a total amount of $3,000 for a series of specified violations arising from
the same operative set of facts. The locality, or a private contractor hired by the locality in
2~
accordance with the provisions of subdivision 10 g~ may issue a civil summons ticket for a
scheduled violation. Any person summoned or issued a ticket for a scheduled violation may
make an appearance in person or in writing by mail to the treasurer of the locality prior to
the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit
liability and pay the civil penalty established for the offense charged. If a person charged
with a scheduled violation does not elect to enter a waiver of trial and admit liability, the
violation shall be tried in the general district court in the same manner and with the same
right of appeal as provided for bylaw. In any such trial, the locality shall have the burden of
proving by a preponderance of the evidence the liability of the alleged violator. An
admission of liability or finding of liability under this section shall not be deemed an
admission at a criminal proceeding, and no civil action authorized by this section shall
proceed while a criminal action is pending.
e. This subdivision shall neither preclude a locality from proceeding directly in
circuit court to compel compliance with its sewer use standards or seek civil penalties for
violation of the same nor be interpreted as limiting any otherwise applicable legal remedies
or sanctions. Each day during which a violation is found to have existed shall constitute a
separate violation, and any civil penalties imposed under this subdivision shall be applied
to the purpose of abating, preventing or mitigating environmental pollution.
f. For purposes of enforcement of standards established under this subdivision,
"locality" shall mean the locality's director of public utilities or other designee of the
locality with responsibility for administering and enforcing sewer use standards or, in the
case of a wastewater authority or sanitation district, its chief executive.
g. A locality that has, by ordinance, established a uniform schedule of civil
penalties pursuant to subdivision 10 d may enter into an agreement with a private
contractor to perform inspections of properties subject to such ordinance and to issue civil
summons tickets for violations specified in the uniform schedule. Employees of a private
contractor who perform inspections or issue civil summons tickets pursuant to this
subdivision shall have valid Core and Commercial Plumbing certifications issued by the
Department of Housing and Community Development. No such agreement shall contain
any provisions whereby compensation paid to the contractor is based on the number of
violations or monetarypenalties imposed, and no civil summons ticket shall be issued
unless authorized by the locality's director of public utilities or other designee of the
locality with responsibility for administering and enforcing sewer use standards.
?~
LEGISLATIVE ITEM 9
SALES TAX CAPTURE FOR HOTEL DEVELOPMENT ADJACENT OR CONNECTED
TO THE CONVENTION CENTER
Patti Phillips
Department of Finance
§ 58.1-608.3. Entitlement to certain sales tax revenues.
A. As used in this section, the following words and terms have the following meanings,
unless some other meaning is plainly intended:
"Bonds" means any obligations of a municipality for the payment of money.
"Cost," as applied to any public facility or to extensions or additions to any public facility,
includes: (i) the purchase price of any public facility acquired by the municipality or the
cost of acquiring all of the capital stock of the corporation owning the public facility and the
amount to be paid to discharge any obligations in order to vest title to the public facility or
any part of it in the municipality; (ii) expenses incident to determining the feasibility or
practicability of the public facility; (iii) the cost of plans and specifications, surveys and
estimates of costs and of revenues; (iv) the cost of all land, property, rights, easements and
franchises acquired; (v) the cost of improvements, property or equipment; (vi) the cost of
engineering, legal and other professional services; (vii) the cost of construction or
reconstruction; (viii) the cost of all labor, materials, machinery and equipment; (ix)
financing charges; (x) interest before and during construction and for up to one year after
completion of construction; (xi) start-up costs and operating capital; (xii) payments by a
municipality of its share of the cost of any multijurisdictional public facility; (xiii)
administrative expense; (xiv) any amounts to be deposited to reserve or replacement
funds; and (xv) other expenses as may be necessary or incident to the financing of the
public facility. Any obligation or expense incurred by the public facility in connection with
any of the foregoing items of cost maybe regarded as a part of the cost.
"Municipality" means any county, city, town, authority, commission, or other public entity.
"Public facility" means (i) any auditorium, coliseum, convention center, sports facility that
is designed for use primarily as a baseball stadium for a minor league professional baseball
affiliated team or structures attached thereto, or conference center, which is owned by a
Virginia county, city, town, authority, or other public entity and where exhibits, meetings,
conferences, conventions, seminars, or similar public events may be conducted; (ii) any
hotel which is owned by a foundation whose sole purpose is to benefit astate-supported
university and which is attached to and is an integral part of such facility, together with any
lands reasonably necessary for the conduct of the operation of such events; or (iii) any
hotel which is adjacent or attached to and is an integral part of such facility
~n,hr~rr~ rhU
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However, such public facility must be located in the City of Hampton, City of
Newport News, City of Norfolk, City of Portsmouth, City of Richmond, City of Roanoke, City
of Salem, City of Staunton, City of Suffolk, or City of Virginia Beach. Any property, real,
personal, or mixed, which is necessary or desirable in connection with any such
auditorium, coliseum, convention center, baseball stadium or conference center, including,
without limitation, facilities for food preparation and serving, parking facilities, and
administration offices, is encompassed within this definition. However, structures
commonly referred to as "shopping centers" or "malls" shall not constitute a public facility
hereunder. A public facility shall not include residential condominiums, townhomes, or
other residential units. In addition, only a new public facility, or a public facility which will
undergo a substantial and significant renovation or expansion, shall be eligible under
subsection B of this section. A new public facility is one whose construction began after
December 31, 1991. A substantial and significant renovation entails a project whose cost is
at least 50 percent of the original cost of the facility being renovated and shall have begun
after December 31, 1991. A substantial and significant expansion entails an increase in
floor space of at least 50 percent over that existing in the preexisting facility and shall have
begun after December 31, 1991; or an increase in floor space of at least 10 percent over
that existing in a public facility that qualified as such under this section and was
constructed after December 31, 1991.
"Sales tax revenues" means such tax collections realized under the Virginia Retail Sales and
Use Tax Act (§ 58.1-600 et seq.) of this title, as limited herein. "Sales tax revenues" does not
include the revenue generated by the one-half percent sales and use tax increase enacted
by the 1986 Special Session of the General Assembly which shall be paid to the
Transportation Trust Fund as defined in § 33.1-23.03:1, nor shall it include the one percent
of the state sales and use tax revenue distributed among the counties and cities of the
Commonwealth pursuant to subsection D of § 58.1-638 on the basis of school age
population. For a public facility that is a sports facility, "sales tax revenues" shall include
such revenues generated by transactions taking place upon the premises of a baseball
stadium or structures attached thereto
suci~ taciiity,
5aies ~aX revenues s,iall iii~iuue ~ucll revenues ~etlel°ateuuy ~iatlsa~~ious takin,~; glace
upon the premises of the convention center or the hotel provided such hotel is either
wholly owned by the municipality or is the result of apublic-private partnership between
B. Any municipality which has issued bonds (i) after December 31, 1991, but before
January 1, 1996, (ii) on or after January 1, 1998, but before July 1, 1999, (iii) on or after
January 1, 1999, but before July 1, 2001, (iv) on or after July 1, 2000, but before July 1,
2003, (v) on or after July 1, 2001, but before July 1, 2005, (vi) on or after July 1, 2004, but
before July 1, 2007, or (vii) on or after July 1, 2009, but before July 1, ~ to pay the
cost, or portion thereof, of any public facility shall be entitled to all sales tax revenues
generated by transactions taking place in such public facility. Such entitlement shall
continue for the lifetime of such bonds, which entitlement shall not exceed 35 years, and all
such sales tax revenues shall be applied to repayment of the bonds. The State Comptroller
~9
shall remit such sales tax revenues to the municipality on a quarterly basis, subject to such
reasonable processing delays as may be required by the Department of Taxation to
calculate the actual net sales tax revenues derived from the public facility. The State
Comptroller shall make such remittances to eligible municipalities, as provided herein,
notwithstanding any provisions to the contrary in the Virginia Retail Sales and Use Tax Act
(§ 58.1-600 et seq.). No such remittances shall be made until construction is completed
and, in the case of a renovation or expansion, until the governing body of the municipality
has certified that the renovation or expansion is completed.
C. Nothing in this section shall be construed as authorizing the pledging of the faith and
credit of the Commonwealth of Virginia, or any of its revenues, for the payment of any
bonds. Any appropriation made pursuant to this section shall be made only from sales tax
revenues derived from the public facility for which bonds may have been issued to pay the
cost, in whole or in part, of such public facility.
30