Legislative Update
2-17-2017
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SUPPORT
HB
1566 (active
supervision of regulatory boards) is on the floor of the Senate for its third
reading and final passage today, 2/17/17. Please contact your Senator NOW to
support HB 1566.
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OPPOSE
SB
1195 (general
farm inspections) in on the floor of the House for its third and final reading
today, 2/17/17. Please contact your Delegate NOW to oppose SB 1195.
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SB
1110 (zoning
exemptions for utility lines) is on the House floor for its final passage
today, 2/17/17. Please contact your Delegate NOW to oppose SB 1110.
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To find your
legislator, please follow this link:
Who
is my legislator?
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I.
WE SUPPORT THESE BILLS
SB
1153 Inverse
condemnation proceeding; reimbursement of owner’s costs.
Directs the court to
reimburse a plaintiff for the costs of an inverse condemnation proceeding for
"damaging" property if a judgment is entered for the plaintiff.
Under current law, the court is directed to award costs only for the
"taking" of property. The change made in this bill corresponds with
the language of amendments to Article I, Section 11 of the Constitution of
Virginia, which became effective on January 1, 2013.
SB 1153 conforms the
Virginia Code to the 2012 Property Rights Amendment, expanding the point at
which reimbursements are awarded to include property damage; thereby
eliminating an Equal Protection concern that currently exists.
Status: (We support this
bill)
02/01/17
Senate: Reported from Courts of Justice (15-Y 0-N)
02/06/17
Senate: Passed Senate (40-Y 0-N)
02/08/17
House: Referred to Committee for Courts of Justice
02/08/17
House: Assigned Courts sub: Civil Law
02/13/17
House: Subcommittee recommends reporting (9-Y 0-N)
SB 1153 passed the House Sub-Committee on Civil
Law 9-0. The Courts of Justice Committee meets Mondays, Wednesdays, and
Fridays, 1/2 hour after adjournment in House Room C. An agenda has not
yet been posted for today’s meeting, 2/17/17.
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- Interest
Accrual of Condemnation Awards
SB
1421 Condemnation proceeding;
interest on the amount of award
Provides that the interest
on an award in a condemnation proceeding that is greater than the amount
that the condemner deposited with the court shall accrue at the judgment
rate of interest.
SB 1421 provides for the
accrual of interest on the difference between the final determination of just
compensation in a condemnation proceeding (i.e. the taking of property under
the statutes of eminent domain), and that which may have already been received
by the property owner. This not only handles a major concern regarding delays
in the payment of properly awarded compensation for the condemnation of
property, but also provides an incentive structure for organizations granted
the powers of eminent domain to pay awards as soon as possible.
Status: (We support this
bill)
02/01/17
Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
02/06/17 Senate: Committee substitute agreed to
17105079D-S1
02/06/17
Senate: Passed Senate (40-Y 0-N)
02/08/17
House: Referred to Committee for Courts of Justice
02/08/17
House: Assigned Courts sub: Civil Law
02/13/17
House: Subcommittee recommends reporting with amendment (8-Y 0-N)
SB 1421 passed the House Sub-Committee on Civil
Law 8-0 with an amendment, seemingly representing only minor adjustments in
the bills language. The Courts of Justice committee meets Mondays, Wednesdays,
and Fridays, 1/2 hour after adjournment in House Room C. An agenda has not yet
been posted for today’s meeting, 2/17/17.
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- “Quick
Take” Condemnation Proceedings
HB
2024 Condemnation powers
and proceedings; imminent threat to public health, safety, and welfare.
Provides that "quick
take" condemnation proceedings are available for use only when a court
determines that the use of such procedure is necessary to protect against an
imminent threat to public health, safety, and welfare.
HB 2024 requires that public
entities allowed to exercise eminent domain gain judicial approval before
engaging “quick-take” condemnation proceedings. This bill ensures that
these types of proceedings will only occur if “such procedure is necessary
to protect against an imminent threat to public health, safety, and
welfare.”
House substitute: It should
be noted that the new language of the bill, substituted in sub-committee on
Wednesday, 1/25/17, was not published until after the committee vote was taken
on Friday, 1/27/17. Delegate Freitas’ assertion that the bill had
essentially been gutted, has proven true. All judicial protections were
removed and substituted with a 15-day notification requirement before “quick
take” proceedings can be enacted. This is a far weaker bill than was
initially sponsored by Del. Freitas, so much so that it may no longer warrant
support. We reserve judgment until we see if the language will change in
the Senate.
Senate substitute: The
Senate changed 15-day notification to 30-day.
Status: (We support this
bill)
01/25/17
House: Subcommittee recommends reporting with substitute (8-Y 0-N)
01/27/17
House: Reported from Courts of Justice with substitute (21-Y 0-N)
02/02/17
House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)
02/03/17
Senate: Referred to Committee for Courts of Justice
02/08/17
Senate: Reported from Courts of Justice with substitute (14-Y 0-N)
02/14/17
Senate: Passed Senate with substitute (40-Y 0-N)
02/16/17
House: VOTE: REJECTED (0-Y 97-N)
HB 2024 (Senate substitute) has been rejected by
the House, so we will be looking for HB 2024 to go to conference committee.
Keep an eye out for special updates on this bill as we want to maximize the
effect it will have for victims of quick take proceedings.
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- Supervising
Regulatory Boards
HB
1566 Professions and
occupations; active supervision of regulatory boards.
Establishes a statewide
policy for the regulation of professions and occupations specifying criteria
for government regulation with the objective of increasing opportunities,
promoting competition, encouraging innovation, protecting consumers, and
complying with applicable federal antitrust laws. In addition, the bill
establishes a process for the active supervision of state regulatory boards
pursuant to the U.S. Supreme Court decision in North Carolina State Board
of Dental Examiners v. Federal Trade Commission, in which the Court held
that a state regulatory board that includes active market participants among
its board membership must be actively supervised by the state in order for
such board and its members to be entitled to immunity for federal antitrust
violations.
HB 1566 requires that
regulatory commissions which include active market participants, e.g. doctors
who are on the board of health, must be actively supervised to ensure that
regulations and restrictions are not subject to anti-trust liability. This
bill seeks to ensure that regulations such as inspections, professional
certifications and registrations, and occupational licensing are not being
used to limit competition and hinder free entry into the market. The bill also
provides for the immediate review of all new regulations as well as a review
of all past occupational regulations to be completed in 5 years.
Substitution: The new
language has weakened the bill, essentially allowing for certain regulatory
boards to continue to limit competition (the Bar Association, for instance);
however, it still targets many of the markets which seriously need regulatory
reform (specifically regarding occupational licensing).
Status: (We support this
bill)
01/26/17
House: Subcommittee recommends reporting with substitute (5-Y 0-N)
01/31/17
House: Reported from General Laws with substitute (14-Y 8-N)
02/01/17
House: Assigned App. sub: General Government & Capital Outlay
02/03/17
House: Subcommittee recommends reporting with substitute (6-Y 0-N)
02/03/17
House: Reported from Appropriations with substitute (13-Y 7-N)
02/06/17 House: Committee substitute rejected
17104901D-H1
02/06/17 House: Committee substitute agreed to
17105203D-H2
02/07/17
House: VOTE: PASSAGE (63-Y 33-N)
02/10/17
Senate: Reported from Rules with amendments (11-Y 3-N)
02/15/17
Senate: Reported from Finance with amendment (10-Y 6-N)
HB 1566 has been reported from finance 10-6, and
is on the Senate floor today for its third and final reading. Please contact
your Senator NOW and support this important regulatory reform. To find your
Senator click the link below or in the above posted notice.
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HB
2108 Virginia Wireless Service
Authority Act; rates and charges
Provides that a wireless
services authority may fix rates, fees, and charges for services provide, or
facilities owned, operated, or maintained by the authority, for which the
authority has received loan funding. Currently, an authority may do so only if
it has issued revenue bonds. A similar change authorizes rates to be set at
levels to provide for payment of loans. The measure also requires each
authority to maintain records demonstrating compliance with certain provisions
and to make the records available for inspection and copying by the public
pursuant to the Virginia Freedom of Information Act, notwithstanding any
exemption in that Act or in the Virginia Wireless Services Authority Act.
Much of this bill is simply
direction as to the way government owned broadband networks (GON) will set
prices. It is our firm belief that government entities, and all levels, should
not engage in any market at any time; however, local governments in the
Commonwealth have been and still are organizing efforts to expand broadband
access in their jurisdictions. The problem is that many times these efforts
come with FOIA exemptions which make it extremely difficult for people to keep
them accountable (To see what happens when these organizations are not kept
accountable check out the Report
on the Bristol Virginia Utilities Authority).
This bill states specifically that all broadband operating authorities will be
required to maintain records to be provided to FOIA requests regardless of
previous exemptions from transparency requirements.
Status: (We support this
bill)
02/02/17
House: Reported from Commerce and Labor with substitute (11-Y 9-N)
02/06/17 House: Committee substitute agreed to
17105141D-H2
02/07/17
House: VOTE: PASSAGE (72-Y 24-N 1-A)
02/08/17
Senate: Referred to Committee on Commerce and Labor
02/13/17
Senate: Reported from Commerce and Labor with amendment (10-Y 1-N 1-A)
02/15/17
Senate: Constitutional reading dispensed (40-Y 0-N)
02/16/17
Senate: Passed Senate with amendment (35-Y 3-N 1-A)
HB 2108 has passed the Senate with amendment,
35-3. The amended version of HB 2108 now heads back to the House, but has not
yet been placed on the calendar.
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II.
WE OPPOSE THESE BILLS
- Farm
Inspections and Penalties
SB
1195 Produce
safety; farm inspections; Agriculture Civil Penalty Fund; penalties.
Prohibits certain farms from
violating the federal regulations that set minimum standards for the safe
growing, harvesting, packing, and holding of fruits and vegetables. The bill
authorizes the Board of Agriculture and Consumer Services to adopt regulations
to carry out the purposes of the law and gives the Commissioner of Agriculture
and Consumer Services free access at all reasonable hours to any farm to
inspect the farm and take samples. The Commissioner also is authorized to
seize certain produce that he believes to violate the federal regulations or
state law. The bill makes the act of obstructing an inspector a Class 2
misdemeanor and of violating any other provision of the law or a Board
regulation a Class 1 misdemeanor. In lieu of a criminal penalty, the Board is
authorized to levy a civil penalty of up to $1,000 per violation, to be
deposited in an Agriculture Civil Penalty Fund that is created by the bill.
SB 1195 permits the
Commissioner of Agriculture to surprise inspect any small farmer, defined in
Federal Code as any farm producing more than $25,000 and less than $500,000
annually. During these inspections, an inspector may confiscate produce
without due process and levy a fine of up to $1,000 per violation. Per the
substituted language of SB 1195, the proceeds from the civil penalties will be
deposited into the Stormwater Local Assistance Fund.
Status: (We OPPOSE this bill)
01/26/17
Senate: Reported from Agriculture, Conservation, and Natural Resources with
substitute (12-Y 1-N 1-A)
02/01/17
Senate: Read third time and passed Senate (25-Y 15-N)
02/03/17 House: Placed on Calendar
02/03/17 House: Read first time
02/03/17
House: Referred to Committee on Agriculture, Chesapeake, and Natural Resources
02/06/17
House: Assigned ACNR sub: Agriculture
02/13/17
House: Subcommittee recommends reporting with substitute (7-Y 0-N)
02/15/17
House: Reported from Agriculture, Chesapeake and Natural Resources with
substitute (19-Y 3-N)
SB 1195 is on the House floor today, 2/17/17, for
its third and final reading. Please contact your Delegate NOW and oppose this
attempt to restrict competition in local agriculture. To find your Delegate,
click the link below or in the above posted notice.
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- Short
Term Rental Registration
SB
1578 Short-term rental of
property; registration of persons offering property for rental.
Authorizes a locality to
adopt an ordinance requiring the registration of persons offering property for
short-term rental. The bill defines "short-term rental" as the
provision of a room or space suitable for sleeping or lodging for less than 30
consecutive days. Persons and entities already licensed related to the rental
or management of property by the Board of Health, the Real Estate Board, or a
locality would not be required to register. The bill authorizes localities to
impose fees and penalties on persons who violate the registry ordinance or who
offer short-term rentals that have multiple violations of state or federal
laws or ordinances, including those related to alcoholic beverage control. The
bill amends the Alcoholic Beverage Control (ABC) Act to clarify that certain
property rented on a short-term basis is considered a bed and breakfast
establishment for purposes of ABC licensing and that the exception from ABC
licensing for serving alcoholic beverages to guests in a residence does not
apply if the guest is a short-term lessee of the residence.
SB 1578 requires the
registration and permits the regulation by local governments of “short-term
rental properties” such as those vacation rentals accessed through
applications like Airbnb, VRBO, and Home Away. This is in direct contrast to
last year’s Airbnb
Law, which restricted localities
ability to regulate the private use of an individual’s property. This law
opens the gate to the increasingly restrictive ordinances by local governments
using general land use and zoning authority powers to keep local property
owners from making the best use of their personal property, thereby
potentially causing an increase in unused capital (implying possible sunk
costs which must be absorbed by the property owner) throughout the
Commonwealth.
SB 1579 has also been
incorporated into SB 1578. SB 1579 establishes the requirement of a minimum of
$500,000 in liability insurance as well as a $10,000 fine for property owners
who operate short-term rentals without the express permission of their local
government.
Status: (We OPPOSE this bill)
01/27/17
Senate: Rereferred from Rehabilitation and Social Services (13-Y 1-N)
02/02/17
Senate: Reported from Local Government with substitute (11-Y 2-N)
02/02/17
Senate: Incorporates SB1579 (Stanley)
02/06/17 Senate: Committee substitute agreed to
17105130D-S1
02/07/17
Senate: Read third time and passed Senate (36-Y 4-N)
02/09/17
House: Referred to Committee on General Laws
02/14/17
House: Subcommittee recommends reporting (7-Y 0-N)
02/14/17
House: Subcommittee recommends referring to Committee on Appropriations
SB 1578 has passed the House Sub-Committee on
General Laws and has been recommended to the Appropriations Committee. SB 1578
has not yet been taken up by Appropriations, which meets Monday, Wednesday,
Friday, shortly after adjournment in the 9th Floor Appropriations
Room. Today’s meeting, 2/17/17, of the House Appropriations Committee has
been cancelled. An agenda has not yet been released for Monday’s meeting,
2/20/17.
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- Local
Zoning Ordinances for Utilities
HB
1766 Utility Facilities
Act; associated facilities of an electrical transmission line.
Provides that the issuance
by the State Corporation Commission of a certificate of public convenience and
necessity for construction of an electrical transmission line of 138 kilovolts
and any associated facilities shall be deemed to satisfy local comprehensive
plan requirements and all local zoning ordinances with respect to the
transmission line and associated facilities. The measure defines
"associated facilities" as including any station, substation,
transition station, and switchyard facilities to be constructed in association
with the 138-kilovolt transmission line.
This issue is a tough one,
and one we considered very carefully. HB 1766, and its companion SB 1110,
essentially remove zoning restrictions for the installation of electrical
facilities that Dominion Power wants to put in. We want to be crystal
clear: in opposing this bill we are not in support of zoning laws in any
shape, form, or by any other name. Zoning laws are, by their very nature,
anathema to private property rights. In opposing this bill, we are opposing
any further special privilege allotted to Dominion Power (or any other
government supported power company) as a supposedly private organization which
has often misused the power of eminent domain (a power which it should never
have been permitted to use), and has essentially been maintained for years as
a government mandated monopoly in the Commonwealth of Virginia. If Dominion
Power were being granted this privilege by way of the elimination of local
zoning ordinances for all Virginia property owners, then we would stand in
passionate support. However, this is not that bill, so we must OPPOSE.
Status: (We OPPOSE this bill)
01/17/17 House:
Reported from Commerce and Labor (18-Y 1-N)
01/24/17
House: VOTE: PASSAGE (67-Y 30-N 1-A)
01/25/17 Senate: Constitutional reading dispensed
01/25/17
Senate: Referred to Committee on Commerce and Labor
02/13/17
Senate: Reported from Commerce and Labor (10-Y 2-N)
02/16/17
Senate: Passed Senate with amendment (32-Y 8-N)
HB 1766 has passed the Senate with an amendment,
32-8. The bill will now return to the House to be reconsidered, but has not
yet been placed on a calendar.
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SB
1110 Utility Facilities
Act; associated facilities of an electrical transmission line.
Status: (We OPPOSE this bill)
01/09/17 Senate:
Referred to Committee on Commerce and Labor
01/30/17
Senate: Reported from Commerce and Labor (12-Y 2-N 1-A)
02/03/17
Senate: Read third time and passed Senate (30-Y 9-N)
02/14/17
House: Reported from Commerce and Labor (18-Y 3-N)
SB 1110 is on the House floor today for its third
and final reading. Please contact your Delegate TODAY and oppose HB 1766’s
companion bill. To find your Delegate, click the link below or in the above
posted notice.
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To find your
legislator, please follow this link:
Who
is my legislator?
Please feel free to forward this message and future updates to your
list.
Caleb Taylor
Director of Policy and Operations
Tertium Quids
ctaylor@tertiumquids.org
