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Home My WebLink About2024 GENERAL ASSEMBLY UPDATE Feb. 27 2024Brent McKenzie, Legislative Affairs Liaison February 27, 2024 General Assembly Legislative Update 2 2024 General Assembly Update Today’s update: •Status on the Legislative Agenda items •Legislation of interest Goal of today’s presentation is to provide a brief update on the General Assembly session. 3 Status of Legislative Agenda items Bill Status HB 416 10-1 Charter Passed the House 75-24-1. SB 189 10-1 Charter Passed Senate 40-0; Passed House 68-31-1; Now goes to Governor for his action. SB 262 Board of Equalization Passed Senate 40-0; Passed House CCT 22-0 HB 415 Board of Equalization Passed the House 100-0; Passed Senate 40-0; Now goes to Governor for his action. SB 188 10-1 General Law Passed Senate 40-0; Should be heard in House Committee this week HB 133 Toxic Exposure Fund Amended version passed House 98-0; Will be heard in Senate Committee this week SB 650 Toxic Exposure Fund Senate made the same amendment that the House did, and it passed the Senate 40-0 Will be heard in the House this week HB 134 Fentanyl Education Passed House 99-0; Senate Rules Committee amended the legislation, the Committee wanted to be more specific about what it was requiring the Department of Education to do. HB 374 Minority Business Council Passed House 99-0; should be heard in Senate Rules this week. 4 Legislation of interest Title Summary Status (Multiple bills) Retail sales and use tax holiday; establishes an annual tax holiday that takes place in August •Reestablishes the annual sales-tax holiday •Passed House and Senate and is headed to the Governor 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 •Passed each chamber of origin Local official travel •Any travel expense of a member of a local governing body shall seek approval of any travel expense anticipated to be over $5,000 •If travel expense exceeds previously approved amount, such expense shall be reported to the governing body and noted in the meeting agenda or minutes •If governing body determines that a local official has misappropriated a travel expense, they will have 10-days to reimburse the locality •Passed each chamber of origin City council salaries; removes statutory salary caps for members •Increases cap for members of local governing bodies •Including Mayor from $30,000 to $56,000 and Council from $28,000 to $52,000 •Allows for 5% annual increase for inflation •Passed House 5 Legislation of interest Title Summary Status 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 •Was defeated in committee 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 •Passed House and Senate 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 •Was defeated in committee 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 •Was defeated in committee HB 1386 Firearms; workplace rules of localities •Requires localities to have the same rules regarding firearms in public buildings for both employees and citizens •Passed House 51- 46 6 Legislation of interest Short-Term Rentals HB 1328 Transient occupancy taxes; administration. •Centralizes the collection of the transient occupancy tax with the Commonwealth rather than locally; •Was defeated in committee 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. •Was defeated in committee but a similar bill has passed the House; We have sent the similar bill for analysis 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 •Was defeated in committee 7 Legislation of interest Skill Games HB 590 Virginia Small Business Economic Development Act; established. •Allows a locality to either approve the use of “skill” games either by ordinance or through a referendum •Prohibited within 2,500 feet of a school •Restaurants and convenient stores are limited to 2 games per location •Truck stops limited to 5 games per location •Must be 21 to play •Requires age verification technology be included on each game •30% tax on gross profits, defined as all revenue generated minus prizes •25% of the 30% goes to the locality where games are located •15% of the 30% goes to pre-k programs for at-risk three- & four-year-olds •10% of the 30% goes to provide additional funding for K-12 basic aid SB 212 Virginia Small Business Economic Development Act; established. •Does not include local authority or referendum •Restaurants and convenient stores are limited to 3 games per location •Truck stops limited to 7 games per location •Limits total number allowed in the Commonwealth to 15,000 •Must be 21 to play •22% on gross profits, defined as all revenue generated minus prizes •15% of the 22% to the locality where games are located •75% of the 22% to a new Pre-K Priority Fund •1% of the 22% to local law enforcement that has primary enforcement responsibility 8 Legislation of interest Cannabis SB 423 Cannabis control; retail market; penalties.•Creates the Cannabis Control Authority (retail sales marketplace) •Sales could begin in May 2025 •Allows 350 retail stores, 100 processing localities, and 125 cultivation sites state-wide •Allows localities to hold a referendum, by resolution from the local governing board to the circuit court, on whether to prohibit sales within locality (the default is to allow sales) •Locality may prohibit the possession or use in public parks, playgrounds, public streets or any sidewalk adjoining a public street •Retain local zoning and business license requirements •Localities may, by ordinance, restrict the hours in which marijuana is sold in the locality •Sales restricted to 21 years old or older •4.5% state tax •4.5% local tax (adopted by ordinance) 9 Discussion