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HomeMy WebLinkAboutGeneral Assembly Update Council Presentation 1.16.24Brent McKenzie, Legislative Affairs Liaison January 16, 2024 General Assembly Legislative Update 2 2024 General Assembly Update Today’s update: •Key dates and organizing information •Status of Legislative Agenda items •Legislation of interest •Bill position requests Goal of today’s presentation is to provide an update on the General Assembly session and to ascertain the Council’s position on key bills coming up for a vote. 3 2024 General Assembly •2024 is a 60-day “long ” session; (46 days in odd-numbered years) •Filing deadline for legislation is January 19th at 3:00pm •~ 1,400 in House | ~ 700 in Senate •Local Government Day, February 1st •Crossover; February 14th •Chamber of origin to complete work on its Budget;February 22nd •Sine die; Saturday March 9th •Reconvene Session; Wednesday April 17th 4 Committee Assignments •Delegate Alex Askew o Appropriations,Counties, Cities and Towns, Education •Delegate Rob Bloxom o Agriculture, Appropriations,General Laws,Privileges and Elections •Delegate Kelly Convirs-Fowler o Education, Finance, Labor and Commerce, Privileges and Elections (Vice-chair) •Delegate Michael Feggans o Labor and Commerce, Public Safety, Transportation •Delegate Barry Knight o Appropriations, Counties, Cities and Towns, General Laws •Delegate Anne Ferrell Tata o Counties, Cities and Towns, Education, Transportation •Senator Christie New Craig o Education and Health,General Laws and Technology,Rehabilitation and Social Services •Senator Bill DeSteph o Commerce and Labor,Privileges and Elections,Rehabilitation and Social Services,Transportation •Senator Aaron Rouse o Commerce and Labor,General Laws and Technology, Privileges and Elections (Chair),Rehabilitation and Social Services, Rules 5 Status of Legislative Agenda items Charter Amendments Bill & Patron Status Adopt the ten single-member district system used in the 2022 elections and adopted by the City Council in its decennial redistricting ordinance HB 410 Askew SB 189 Rouse SB 189 passed the Senate Local Government Committee unanimously HB 410 referred to C C & T subcommittee Increase the membership of the City of Virginia Beach Board of Equalization from four members to five members and add an alternate HB 236 Tata SB 262 Craig SB 262 passed the Senate Local Government Committee unanimously HB 236 referred to C C & T subcommittee 6 Status of Legislative Agenda items Code Amendments Bill & Patron Status Reflect Election System Adopted by Council HB 409 Askew SB 188 Rouse HB 409 referred to P&E committee SB 188 passed unanimously in P&E committee Emergency Response Toxic Exposure Grant Fund and Program; (Formerly known as the "Good Friday” First Responders Fund) HB 133 Convirs-Fowler SB 650 Rouse HB 133 referred to General Laws subcommittee SB 650 referred to Rules committee Photo Speed Monitoring Devices on Local Highways 3 versions of this legislation have been introduced by members in other parts of the Commonwealth Referred to Transportation committee Photo Speed Monitoring and Failure of Recipient to Respond HB 1032 Bloxom Pending committee referral Opioid and Fentanyl Awareness Education HB 134 Convirs-Fowler Referred to Education Local Taxing Authority for Vaping and E-Cigarette Products HB 1036 Bloxom Pending committee referral Establish the Virginia Creative Economy Grant Fund and Program HB 642 Glass Referred to Labor & Commerce subcommittee Obstruction of Right-of-Way Violations HB 235 Tata Referred to C C & T subcommittee Re-Establish the Virginia Minority Business Commission HB 132 Convirs-Fowler &HB 374 Feggans Both referred to Rules committee Violation of a Short-Term Rental Ordinance HB 1034 Bloxom Pending committee referral 7 Status of Legislative Agenda items Budget requests Patron Augment Localities for 100% Disabled Veteran Tax Exemption 5/31 Memorial Senator Rouse Delegate Convirs-Fowler Stormwater Operations Center Delegate Feggans Virginia Aquarium & Marine Science Center Renovation/Expansion Senator DeSteph 8 Legislation of interest Taxation Title Summary (Multiple bills) Retail sales and use tax holiday; establishes an annual tax holiday that takes place in August •Reestablishes the annual sales-tax holiday Sales and use tax, local; additional tax authorized in all counties & cities to support schools. •Allows localities, by ordinance, to hold a referendum for a 1% sales-tax increase to support school construction HB 1159 Individual income tax; distribution of revenues; local school construction. •Requires distribution of one percent of the individual income tax revenues collected from residents of a locality to be distributed to that locality. The bill requires such funds to be used for school construction or renovation purposes and to be repaid to the state if used for any other purpose. SB 110 Sales tax; exemption for food purchased for human consumption and essential personal hygiene •Eliminates the 1% local sales tax on groceries and essential personal hygiene products. •The bill also provides an allocation of state revenues to fund the distribution to localities for funding that would have been distributed to them absent the exemption created by the bill. •Under current law, such products are exempt from state sales and use tax but are subject to the standard local rate of one percent. HB 1308 Tangible personal property tax relief; rate of taxation.•Eliminates the car tax for residents •Requires the Commonwealth to reimburse localities for 100% of the car tax 9 Legislation of interest Short-Term Rentals Title Summary HB 1328 Transient occupancy taxes; administration.•Centralizes the collection of the transient occupancy tax with the Commonwealth rather than locally HB 263 Retail Sales and Use Tax; accommodations for transients. •Sales and use tax; accommodations for transients. Provides that the term "retail sale" shall include the sale of accommodations to transients for less than 30 days. •Under current law, "retail sale" includes such sales to transients for less than 90 days. SB 544 Short-term rental property; locality's ability to prohibit use of accessory dwelling unit •Prohibits a locality from barring the use of or requiring that a special exception, special use, or conditional use permit be obtained for the use of an accessory dwelling unit for a short-term rental in an area zoned for residential use where the primary dwelling unit on the site is occupied by the property owner. HB 695 Short-term rentals; registration; civil penalty.•This bill is the recommendation of the Commissioner of Revenue Association •Directs the Department of Taxation to establish a registry of short-term rental properties •The Department will issue each provider a unique numerical identifier for each such property •An accommodations intermediary will have to provide a contact person that state and local officials can contact regarding noncompliant short-term rental listings •Each listing will have to include the unique identifying number •Requires the intermediary to report receipts and taxes paid quarterly to the Department of Taxation 10 Legislation of interest Skill Games Title Summary HB 590 Virginia Small Business Economic Development Act; established. •No local authority to limit or prohibit games •Gross revenue taxed at 15% •15% of that goes to locality where game machine is located •10% to School Construction Fund •10% appropriated to provide additional basic aid funding for public schools, apportioned to local school boards SB 212 Virginia Small Business Economic Development Act; established. •No local authority to limit or prohibit games •Gross revenue taxed at 15% •15% of that goes to locality where game machine is located •10% to School Construction Fund •10% appropriated to provide additional basic aid funding for public schools, apportioned to local school boards SB 307 Regulation of electronic gaming devices; penalties.•Locality may, by ordinance, prohibit electronic gaming as long as that ordinance is passed by January 1, 2025 •Gross revenue taxed at 34% •26% of that goes to locality where game machine is located 11 Legislation of interest Cannabis Title Summary HJ 63 Study; Virginia Cannabis Control Authority; creation of a retail cannabis market; report •Requests the Virginia Cannabis Control Authority to study the creation of a retail cannabis market in the Commonwealth •The resolution requires that such regulations include (i) appropriate application and license fees; (ii) reasonable restrictions on cannabis advertising; (iii) restrictions on product size and potency; (iv) transaction limits; (v) comprehensive enforcement mechanisms; (vi) provisions regarding tax collection and revenue allocation; (vii) provisions regarding participation in the retail marijuana market by persons in socioeconomically disadvantaged communities; and (viii) any other restrictions or requirements necessary to protect public health and safety, prevent diversion, and enforce regulated sales. •The resolution requires the Authority to include certain persons in its study and to submit its executive summaries and reports to the General Assembly by the first day of the 2026 Session of the General Assembly SB 423 Cannabis control; retail market; penalties.•Allows for localities to hold a referendum on whether to prohibit sales within locality •Allows for a locality by ordinance to impose an additional 6% tax on sales of marijuana products SB 448 Cannabis control; retail market; penalties.•Allows for localities to hold a referendum on whether to prohibit sales within locality •12% tax imposed on all sales; half of which comes back to the localities 12 Legislation of interest Local Offices Title Summary HB 130 Constitutional officers; dual office holding, prohibited for deputies and other persons •Provides that the current prohibition on dual office holding that is applicable to constitutional officers also applies to deputies of such officers and any persons serving in such officer's absence until a special election to fill the vacancy is held HB 345 Municipal elections; city or town allowed to hold its elections on first Tuesday in May •Allows a city or town by majority vote of the local governing body to hold its municipal elections on the first Tuesday in May HB 69 Vacancies in elected local offices; interim appointments, notice requirement •Requires the local governing body or elected school board making an interim appointment to fill a vacancy in the membership of such body or board to hold a public meeting at least seven days prior to making such appointment. •Requires that at such meeting, the body shall announce the names of all persons being proposed for the interim appointment •Shall make available for inspection each person's resume and any other materials required by the body or board HB 79 Special elections; elections permitted to be held on the same day as a primary election •Permits a special election to be held on the same day as a primary election HB 417 Vacancies in elected local offices; timeliness of special election to fill vacancy •Requires when a vacancy occurs in an elected local office that is subject to a ward-based or district-based residency requirement, the election to fill such vacancy shall be ordered and held within 365 days of the vacancy occurring 13 Legislation of interest Legislation identified by staff for opposition SB 567 Siting of energy facilities; approval by the State Corporation Commission HB 636 Siting of energy facilities; approval by the State Corporation Commission •Establishes a procedure under which an electric utility or independent power provider (applicant) is able to obtain approval for a certificate from the State Corporation Commission for the siting of an energy facility rather than from the governing body of a locality. •The bill applies to any solar energy facility with a capacity of 50 megawatts or more, any wind energy facility with a capacity of 100 megawatts or more, and any energy storage facility with a nameplate capacity of 50 megawatts or more and an energy discharge capability of 200 megawatt hours or more. SB 233 Faith in Housing for the Commonwealth Act; construction of affordable housing *Support allowing faith organizations the authority to work with local governments to build affordable housing where it fits within the locality’s zoning authority or where it is appropriate, but oppose the ability to supersede the local zoning authority •Permits a religious organization to construct affordable housing on real estate owned by that religious organization •Supersedes a locality’s authority •All of the housing development's total units must be for persons of low income, except that up to 20 percent of the total units may be for persons of moderate income, and five percent of the units may be for staff of the religious organization that owns the land; and •The housing development remains dedicated for persons of low income at the levels described in subdivision 2 for at least 99 years. HB 1328 Transient occupancy taxes; administration.•Centralizes the collection of the transient occupancy tax with the Commonwealth rather than locally HB 263 Retail Sales and Use Tax; accommodations for transients.•Sales and use tax; accommodations for transients. Provides that the term "retail sale" shall include the sale of accommodations to transients for less than 30 days. Under current law, "retail sale" includes such sales to transients for less than 90 days. SB 544 Short-term rental property; locality's ability to prohibit use of accessory dwelling unit •Prohibits a locality from barring the use of or requiring that a special exception, special use, or conditional use permit be obtained for the use of an accessory dwelling unit for a short -term rental in an area zoned for residential use where the primary dwelling unit on the site is occupied by the property owner. 14 Questions?