eNews – February 14, 2025
Conferees set to begin budget negotiations, Photo speed enforcement bills see action, VML essay contest...and more!
Friday, February 14, 2025/Categories: eNews
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In this issue:
Budget & Finance
Transportation
General Laws
Health & Human Services
Education
Elections
Technology
Courts & Public Safety
Opportunities
Budget & Finance
Now is the time to voice budget concerns: Conferees set to begin negotiations!
By now the staff of the House Appropriations Committee and Senate Finance and Appropriations Committee have sharpened their pencils, gathered their colored markers, and unsheathed their rulers, as the final push to iron out a budget deal is set to begin. More importantly, the money committee staff have been preparing “side-by-side” documents – which is why the pencils, markers and rulers come in handy – to compare their amendments with the other chamber’s changes. Staff are also briefing their budget conferees on the differences between the budgets as well as conference strategies.
On Wednesday, the House and Senate budget conferees were announced (see table below). These eleven General Assembly members will be responsible for negotiating a final budget agreement in the next few days. Those talks will heat up soon and decisions will start to fall in place very quickly.
In other words, time is of the essence to make the case for any budget items that could prove problematic to localities.
As we pointed out in eNews this past Tuesday, the biggest concern VML has is the cap on reimbursements for special education private day services under the Children’s Services Act (CSA) program. As a reminder, the Senate budget endorsed Governor Youngkin’s proposal to cap state reimbursement for special education private day services if the cost of those services exceed 2.5 percent compared to the previous year.
In contrast, Item 268 #1h in the House budget removes this language, preventing a shift of $9.9 million annually from the Commonwealth to local governments for one of the fastest growing services within CSA.
VML supports the House action on this issue and urges you to talk to the Budget Conferees below to support the House’s amendment.
Budget Conferees on HB 1600 (State Budget)
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House Budget Conferees:
- Luke E. Torian (D - Prince William)
- Mark D. Sickles (D - Arlington)
- David L. Bulova (D - Fairfax)
- Betsy B. Carr (D - Richmond)
- Terry L. Austin (R - Botetourt)
- Robert S. Bloxom, Jr. (R - Accomack)
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Senate Budget Conferees:
- L. Louise Lucas (D – District 18)
- R. Creigh Deeds (D – District 11)
- Mamie E. Locke (D – District 23)
- Ryan T. McDougle (R – District 26)
- Todd E. Pillion (R – District 6)
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VML Contacts: Joe Flores, jflores@vml.org; Janet Areson, jareson@vml.org
House floor action breathes new life into bill that threatens local BPOL revenues
In a surprise move today (February 14), the House rejected the substitute to HB1743 (Watts) offered by the Senate Finance and Appropriations Committee and ultimately approved by the entire Senate earlier in the week.
As it originally passed the House, HB1743 proposed to expand BPOL licensing tax deductions for businesses operating in other states. Because the bill was likely to decrease BPOL tax revenues and add administrative complexities to local tax operations, the Senate narrowed the original House version of the bill by requiring the creation of a work group to examine the issue before proceeding.
Specifically, the Senate’s amendments to the bill required the Department of Taxation to convene a work group that includes VML, the Virginia Association of Counties (VACo), and the Commissioners of Revenue as well as the Chamber of Commerce and other key business representatives to review:
- The current policy and methodology of out of state deductions.
- Any concerns regarding the existing laws governing these deductions.
- The potential impact of proposed changes, including potential revenue impacts to localities, potential administrative complexities, and potential complexities to taxpayers.
- Any impact to such deductions from other existing provisions of law.
It appears likely that a conference committee will be established to hash out the differences between the House and Senate approaches. Given the uncertainty surrounding the changes proposed in HB1743 as it originally left the House, VML is compelled to support the Senate’s approach to assess the impact of the proposed bill before proceeding.
VML Contact: Joe Flores, jflores@vml.org.
Transportation
Photo speed enforcement bills acted upon
Almost a dozen bills were introduced this year that would impact photo speed enforcement programs currently operated in 39 localities by local law enforcement. Only 4 bills remain, and that number may continue to shrink.
VML has worked on amendments to address local concerns with the patron of every House and Senate bill currently active in the Virginia General Assembly.
Summaries
SB1233 (Williams Graves) was amended by the House to divert local civil penalties collected under a photo speed enforcement program to the state. Furthermore, it expands where photo speed programs can be operated, authorizes towns without police departments to operate a photo speed program, and creates new requirements for localities and vendors operating a photo speed program. A similar bill, HB2041 (Seibold), failed to report from the Senate Committee on Transportation by a vote 9-6.
SB852 (New Craig) allows retired law enforcement officers to verify violations under a photo speed enforcement program.
SB1209 (Obenshain) creates new requirements for the calibration of photo speed equipment and daily accuracy tests.
HB2718 (Leftwich) Requires documentation that school lights are flashing for a violation issued in a school zone.
Status/Outlook
- SB1233 (Williams Graves) and SB852 (New Craig) are expected to be on the House floor for a final vote Tuesday.
- SB1209 (Obenshain) is awaiting further action in the House Courts of Justice Committee.
- HB2718 (Leftwich) is expected to be considered by the full Senate on Wednesday.
At this point, it seems plausible that only SB852 and HB2718 will advance to the Governor for his consideration.
VML Contact: Mitchell Smiley, msmiley@vml.org
General Laws
Freedom of Information Act: One bill that died, one that survives
SB876 (Ebbin) Virginia Freedom of Information Act; public bodies to post agenda on website prior to meetings. Requires public bodies subject to the Virginia Freedom of Information Act to include a proposed agenda listing all items expected to be considered by the public body at its meeting and those items shall be sufficiently descriptive to give the public reasonable notice of matters to be considered. The bill allows for amendments to be made to any such proposed agenda but provides that the public body shall not take any final action on those amended or additional agenda items.
SB876 was laid on the table by a House subcommittee this week, effectively killing the legislation for this session.
SB1029 (Roem) FOIA; procedure for responding to requests, charges, posting of notice of rights & responsibilities.
Limits the fees that can be charged for producing public records to the median hourly rate of pay of employees or the actual hourly rate for the person performing the work whichever is less. It also amends the notice of rights and responsibilities on the website and makes some other technical amendments.
SB1029 was reported from the House General Laws Committee on a 16-3 vote this week.
VML Contact: Michelle Gowdy, mgowdy@vml.org
Bills that have cleared committees
The legislation below has passed the House or Senate General Laws, House Counties, Cities and Towns or the Senate Local Government Committee.
SB1248 (Hackworth) Fire Prevention Code; prohibition on permit fees for fire departments, etc., for certain localities. Prohibits the State Fire Marshal from charging a fee for the approval and administration of a permit issued to the governing body of a locality for explosives, blasting agents, theatrical flame effects and fireworks as defined in Virginia Code with a total population of less than 10,000.
SB1282 (Durant) / HB2065 (Thomas) Fire Programs Fund; National Emergency Response Information System reporting. Requires localities when completing the Fire Programs Fund Disbursement Agreement for that it includes all emergency incidents through the National Emergency Response Information System.
SB992 (Williams Graves) Zoning; civil penalties for certain repeat violations in Planning District 23. (HAS STATEWIDE APPLICABILITY FOR BOARD OF ZONING APPEALS). While this bill states that it is only applicable to Planning District 23, it does amend Virginia Code Section 15.2-2309 and could change the order in which evidence is presented at a Board of Zoning Appeals hearing statewide.
SB1422 (Reeves) Zoning violations; appeals, fines. Deals with the conviction of the storage or disposal of nonagricultural excavation material, waste, and debris being punishable by a fine of $2000 but if the problem is not abated within the specified time period the fine shall rise to $5000 and $7500 as outlined in the regulation.
HB1718 (Price) Virginia Residential Landlord and Tenant Act; enforcement by localities. States that a locality may create an ordinance that provides that if a condition exists in a rental dwelling unit that constitutes a material noncompliance by the landlord with the rental agreement or with any provision of law that, if not promptly corrected, constitutes a fire hazard or serious threat to the life, health, or safety of tenants or occupants of the premises, a locality may institute an action for injunction and damages to enforce the landlord's duty to maintain the rental dwelling unit in a fit and habitable condition, provided that (i) the property where the violation occurred is within the jurisdictional boundaries of the locality and (ii) the locality has notified the landlord who owns the property, either directly or through the managing agent, of the nature of the violation and the landlord has failed to remedy the violation to the satisfaction of the locality within a reasonable time after receiving such notice.
HB1973 (Bennett-Parker) Preservation of affordable housing; definitions; civil penalty. Stipulates that any locality may adopt an ordinance to require the owner of publicly supported housing to require notification 24 months prior to termination of the housing being affordable. The locality may work with others on attempting to purchase the property and maintain it as affordable if they follow the prescriptive items listed in the legislation.
HB2024 (Seibold) Virginia Public Procurement Act; environmental protection and product safety standards. Prohibits state agencies, local governments and political subdivisions from excluding materials contained in solar products if the products meet the U.S. Environmental Protection Agency’s Recommendations of Specifications, Standards, and Ecolabels.
HB2150 (Carr) Virginia Public Procurement Act; contract terms inconsistent with Virginia Law. Requires “information technology goods and services” contracts to only contain provisions that are consistent with Virginia law. This only applies to locals if the governing bodies have adopted the provisions of this section as part of its procurement policies and procedures.
HB2153 (Carr) Comprehensive plan; housing development by nonprofit organizations. Stipulates that during the next review of their comprehensive plan, localities shall incorporate strategies to support affordable housing development by property tax-exempt nonprofit organizations. The Department of Housing and Community Development shall develop a document describing strategies that localities may consider.
Charter bills:
- SB1444 (Roem) Manassas Park, City of; amending charter, city powers, etc.
- SB935 (Craig) Chesapeake, City of; amending charter, dates of elections, etc.
VML Contact: Michelle Gowdy, mgowdy@vml.org
Health & Human Services
Legislation with local impacts: Two bills to support, one to watch
Recovery residence bill further amended and reported
SB838 (VanValkenburg), a bill to address licensure and oversight of recovery residences, including creating a workgroup to look at oversight and credentialing of such residences, was reported with amendments by the House Health and Human Services Committee on February 13 and later reported from House Appropriations. VML supports this legislation.
The bill addresses civil penalties for violations of law related to operation of recovery residences; gives the Department of Behavioral Health and Developmental Services the authority to issue provisional certification to certain recovery residences (one of the amendments adopted on February 13 sets a limit on the amount of time that a provisional certification can be in place; and directs the creation of a work group to (i) make recommendations related to oversight and transparency issues for recovery residences and (ii) develop credentialing guidelines for recovery residences. The other amendment adopted by the committee directs VML and the Virginia Association of Counties (VACo) to recommend local representatives to the workgroup. The work group is directed to report its findings and recommendations to the General Assembly by Nov. 1, 2025.
Medical and mental health information and records bill reported from committee
Senate Rehab and Social Services also reported HB2754 (Singh), a companion bill to SB870 (Favola) that allows the Department of Medical Assistance Services (DMAS), the Department of Social Services, and any local department of social services to access the medical and mental health information and records of persons committed to any correctional facility for the purposes of providing pre-release services, reentry planning, and post-incarceration placement and services. The bill also authorizes DMAS to access a juvenile's social, medical, psychiatric, and psychological reports and records during pre-release and for up to 30 days following such juvenile's release from commitment for the purposes of providing pre-release services, reentry planning, and post-incarceration placement and services. VML supports this bill.
Foster care benefits bill reported from committee
On February 14, the Senate Committee on Rehabilitation and Social Services reported HB2457 (Glass), which directs the State Board of Social Services to amend its regulations by Jan. 1, 2026, to (i) require local departments of social services to apply for federal benefits on behalf of children in foster care for which that they may be eligible, (ii) prohibit the state from using military survivor benefits to pay for services for children in foster care that the Commonwealth is otherwise obligated to pay for, and (iii) require local departments of social services that are representative payees for children in foster care to conserve such military survivor benefits in an appropriate trust instrument or protected account that is exempt from federal asset and resource limits. VML has been monitoring this bill.
VML Contact: Janet Areson, jareson@vml.org
Education
One-percent local option sales tax for school construction passed by the House
SB1307 (McPike) would allow any county or city to impose a sales and use tax of up to one percent dedicated solely to school construction, renovation, and debt services if approved by a voter referendum. This bill also removes the 20-year expiration date for funds to be used following the authority being granted. Also as amended, this version stipulates that funds cannot be supplanted. VML strongly supports this bill and encourages members to reach out to legislators and members of the House and Senate Appropriations committees with support.
SB1307 passed the House 62-33.
VML Contact: Josette Bulova, jbulova@vml.org
Elections
Bill allowing rank-choice voting clears House committee
SB1009 (Salim) would allow local elections to be conducted by rank-choice voting. The State Board of Elections would be required to create standards and approve tabulation software on existing systems conducting rank choice voting elections as well as provide voter education materials on ranked choice.
SB1009 was reported by the House Privileges and Elections Committee 12-10.
VML Contact: Josette Bulova, jbulova@vml.org
Technology
Artificial intelligence and information technology standards bills still in play
HB2046 (Anthony) and SB1214 (Aird) would create requirements for the development, deployment, and use of high-risk artificial intelligence systems, as defined in the bill, by state public bodies. The bill would direct the Chief Information Officer (CIO) to develop, publish, and maintain policies and procedures concerning the development, procurement, implementation, utilization, and ongoing assessment of systems. This bill does not include counties, cities, or towns but does create a work group (to include VML) to determine the feasibility of extending this requirement to local governing bodies.
HB2046 was reported from the Senate General Laws Committee and referred to Senate Finance and Appropriations Committee. SB1214 was reported from the House Communications Technology and Innovations Committee and referred to the House Appropriations Committee.
HB2094 (Maldonado) would create requirements for vendors to develop, deploy, and use high-risk artificial intelligence systems, as defined in the bill, to be enforced by the Attorney General. This bill comes as a recommendation from JCOTS this summer. It does not include any public bodies; however, it does mandate developers that local governments will use.
HB2094 was reported from the Senate General Laws Committtee and referred to Senate Finance and Appropriations Committee.
HB2541 (Tran) would make several changes to the Virginia Information Technology Act to align the Virginia Code with Federal Standards all local bodies must comply with by 2026 or 2027. This bill would add small adjustments above federal standards.
HB2541 was reported from the Senate General Laws Committee and referred to the Senate Finance and Appropriations Committee.
VML Contact: Josette Bulova, jbulova@vml.org
Courts & Public Safety
Bills of concern for Virginia’s local governments
Eminent domain
SB1158 (Obenshain), which rewrites various provisions of Code for eminent domain cases, was originally amended significantly when it was before the Senate Judiciary Committee. When the bill traveled to the House, several large localities worked with the patron to obtain an additional change to the benefit of localities. The prior, agreed version required the following: “If property from which rights are being acquired is an improved property, the plat, drawing, or plan shall include the location of the existing structures, curbing, and pavement that are on the property and are within approximately 100 feet of the closest areas of the property taken for the public use project.” That sentence was struck in the Senate Finance Committee today (February 14).
Employer liability for employee’s bad acts
SB894 (Russet Perry) / HB1730 (Delaney), deal with employer liability for tort actions of its employees, provide that if an employee causes the death or injury to a “vulnerable victim”, the employer, whether it is a private or public entity, in many cases can be vicariously liable for the employee’s conduct.
Both bills have been passed by their respective houses. VML is participating with Virginia’s private employer groups to convince the Governor to amend or veto the bills.
Collective bargaining for local government employees
HB2764 (Tran) / SB917 (Surovell) repeal the prohibition on collective bargaining by public employees. These bills create the Public Employee Relations Board, which shall determine appropriate bargaining units of state and local government employees. Both bills were passed by their respective houses and the policy committees in both houses.
The fiscal impact of the bills is significant: $3M per year general fund, on average, and $9M non-general fund impact in 2027. Those impacts would normally imply that the money committees will be resistant to the legislation. However, the Senate bill did survive the Finance Committee. The House bill was not sent to the Appropriations Committee for review. HB2764 is subject to Senate Finance Committee analysis.
Another collective bargaining bill of concern, HB2495 (Askew), would have authorized firefighters and EMT employees of local governments to engage in collective bargaining through labor organizations or other designated representatives. It was passed by indefinitely by the Senate Commerce and Labor committee.
Wrongfully-convicted persons right to sue the police
HB1914 (Sullivan) deals with the right of persons who are wrongfully incarcerated to make claims against the Commonwealth and local law enforcement for such wrongful convictions. Today, if such a person seeks compensation from a state fund for that purpose, they must sign a release for everyone involved in their conviction, including police. The current language provides that if a wrongful conviction and incarceration results from evidence fabricated by or suppressed by local police, the locality or agency that employed the police fabricating or suppressing the evidence will be responsible for paying the added amounts set out in the code section the bill amends. The annual maximum is in the mid $80,000 range. The bill further provides that if the locality or agency fails to pay the amounts required, the Commonwealth will immediately withhold all payments to the locality or agency.
The Senate substitute means that the wrongfully-incarcerated individual will not have the right to sue the locality or agency. This amendment makes the bill much less painful for VML’s members.
VML Contact: Mark Flynn, markkflynn@gmail.com
Opportunities
Encourage local 7th and 8th graders to enter VML’s “If I Were 
Mayor” essay contest
Deadline to submit entries is March 17
The Virginia Municipal League (VML) invites all eligible Virginia 7th and 8th Graders to join its “If I were Mayor” essay contest.
Regional winners selected from around the state will each receive a $150 gift card and a plaque. One statewide winner chosen from the regional winners will receive a $250 gift card and a plaque. The runner-up from the region that receives the statewide award will become that region’s winner.
Winning essays will be featured in the May/June issue of VML’s magazine Virginia Town & City.
Learn more about the contest and how to submit entries here >.
VML Contact: Manuel Timbreza, mtimbreza@vml.org