Legislative Update

Bills Introduced for the 2024 Session—as of 04/18/2024 7:00 AM

Disposed –as of 04/13/2024 7:00 AM

Legislative Agenda as of 01/24/2024

Talking Points HB1328 HB176,HB254,HB413 HB1380

2023 Session Legislative Summary

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Dateline 11/01/2024 The Legislative agenda is now available. Please DO share the attached agenda with your legislators and/or governing body and request that they support these initiatives.

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Dateline 12/05/2022

Our Commissioner of the Revenue 2023 Legislative Agenda has been updated. These items are to be considered to be in priority order.

First, we are hopeful that the Governor will include funding for our deputy positions. However, if that does not happen we have secured commitments from legislators to carry necessary budget amendments on our behalf. The final cost associated with this initiative is pending from the State Compensation Board.

Second, we are asking that § 51.1-1403 be amended to increase the health insurance credit for retired CO’s equivalent to that of state employees § 51.1-1400. The fiscal impact of this initiative has been requested from the State Compensation Board and VRS and is pending.

Lastly, we are requesting that the Out of State Tax (§ 15.2-973) and penalty (§ 46.2-662) be increased by $50 and $100, respectively. Out-of-state vehicles are a persistent problem throughout Virginia. The problem is particularly acute and endemic in all border localities in the Commonwealth. The tax and penalty imposed by § 15.2-973 and 46.2-662 have not been increased since first adopted in 2013.

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Dateline 01/10/2022

Late last week the legislative committee decided to defer our legislative agenda item #5 until next year. This initiative sought to protect the privacy of the elderly and handicapped and disabled veterans, by exempting them from disclosure in the public land book and adding them to the list of prohibitions contained in § 58.1-3. A. Secrecy.

After several colleagues raised concerns regarding this initiative, it was decided that we should study the merits of amending 58.1-3984 and related code sections in order to determine we have comprehensively addressed and fully vetted all aspects of this issue.

The executive committee has been briefed and both Pres. Phil and Del. Bulova, the patron have been spoken with, and they agree with this course of action. The revised legislative agenda reflects this change.

In addition, HB 7 (Del. Ware) has been assigned to enhance and clarify reporting requirements to § 58.1-3826. Transient occupancy tax. Lastly, budget amendments totaling $1.4 M are being prepared that seek full funding for 154 deputy positions that have been unfunded since 2002.

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Dateline 11/19/2021

The Current COR Association Legislative Agenda for 2022 is posted. This agenda is aggressive as we hope to continue to build on our success of last year. Be on the lookout for revisions as this document will likely be modified as the General Assembly session gets underway in January. Please do share our agenda with all interested stakeholders (i.e. your Delegate, Senator, CO colleagues, local governing body, and administration). If possible, meet directly with your legislators to request their support on these important issues.

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Dateline 4/20/2020

As Robyn de Socio pointed out last week the Governor’s budget amendments will essentially strip out all that was approved during the regular GA session.

Unfunded and Underfunded Positions (COR Agenda Item #1)

Amendment 6: Unallot spending increases in response to potential revenue shortfall

Item 75.10

Provide salary adjustment for Commissioners of Revenue FY21 $950,656 FY22 $1,037,069

Explanation:

(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)

Bonus and Salary Increase (COR Agenda Item #2)

Although the Governor left Conference Committee recommendations intact, they will likely not survive the revenue re-forecast (see below) at the end of the fiscal year.

Item 477 #5c the conference committee is recommending a one-time 2% bonus effective December 1, 2020 and a 3% salary increase effective July 1, 2021 for all Constitutional officers and their full-time state sponsored employees. These items are contingent on the Commonwealth attaining current revenues as indicated in “U.1” below

Central Appropriations

U.1. The Governor is hereby authorized to allocate a sum of up to $118,087,286 the first year and up to $146,766,525 the second year from this appropriation, to the extent necessary to offset any downward revisions of the general fund revenue estimate prepared for fiscal years 2021 and 2022, after the enactment by the General Assembly of the 2020 Appropriation Act. If within five days of the preliminary close of the fiscal year ending on June 30, 2020, the Comptroller’s analysis does not determine that a revenue re-forecast is required pursuant to § 2.2-1503.3, Code of Virginia, then such appropriation shall be used only for employee compensation purposes as stated in paragraphs V. ,W., X., Y., Z., AA. and BB. below.

In addition to the above, the Commonwealth may undertake additional adverse budget action in the near future to shore up budget growing imbalances.

Lastly, if you have not already done so I would strongly suggest that each of you immediately reinforce with your local governing bodies and local administration the essential role your offices stand ready to play toward the continuity of your local government. You can do this by proactively providing whatever assistance you can to assist your locality during this crisis.

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Dateline 3/9/2020

The Budget Conference Committee of the House and Senate released the Budget Conference Report on 3/9/2020. Pursuant to Item 477 #5c the conference committee is recommending a one-time 2% bonus effective December 1, 2020 and a 3% salary increase effective July 1, 2021 for all Constitutional officers and their full-time state sponsored employees. These items are contingent on the Commonwealth attaining current revenues as indicated in “U.1” below

Central Appropriations

Contingent on the provisions of paragraph U.1, out of amounts appropriated for Employee Compensation in this item, $20,725,124 from the general fund the first year is provided for a one-time bonus, equal to two percent of their base salary on December 1, 2020provided that the governing authority of such employees use such funds to support the provision of a bonusfor the following listed employees:
Locally-elected constitutional officers;
General Registrars and members of local electoral boards;
Full-time employees of locally-elected constitutional officers…,

Y.1. Contingent on the provisions of paragraph U.1. above, the appropriations in this item include funds to increase the base salary of the following employees by three percent on July 1, 2021, provided that the governing authority of such employees use such funds to support salary increases for the following listed employees.

Locally-elected constitutional officers;
General Registrars and members of local electoral boards;
Full-time employees of locally-elected constitutional officers…,

All GA members now have forty-eight hours to review the conference report before acting on it. The GA will reconvene on Thursday, March 12 for final budget consideration.

Although this is not exactly what we had hoped for, please take a moment to thank the following members of the House & Senate for their thoughtful budget deliberations:

House Budget Conferees

Luke E. Torian (D-Prince William)
Mark D. Sickles(D-Arlington)
Betsy B. Carr(D-Richmond)
David L. Bulova(D- Fairfax)
Roslyn C. Tyler(D-Sussex)
Kirkland Cox(R-Colonial Heights)
Barry D. Knight(R-Virginia Beach)

Senate Budget Conferees

Janet D. Howell(D-District 32)
Richard L. Saslaw(D-District 35)
Thomas K. Norment, (R-District 3)
Emmett W. Hanger, Jr. (R-District 24)
Louise Lucas(D-District 18)
George L. Barker(D-District 39)
Creigh Deeds(D-District 2

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Dateline 2/17/2020

The respective Senate and House budget amendments were made public yesterday. There were no changes to new positions and funding included for COs in the Governor’s budget. All new funding items for COs (unfunded and underfunded positions) remain in both recommended Senate and House budgets.

The House budget is preferable to the Senate Budget.

The House amendments (477 #1h) provide for the following for all constitutional officers and their employees: 1) a 1% across-the-board salary increase effective July 1, 2020; 2) a 1% salary bonus payment on September 1, 2020; and 3) a 2% across-the-board salary increase effective July 1, 2021.

Note: State employees are proposed to receive a compression-based increase of $75 per year of service between 5 and 30 years, with no increase for less than 5 years of service, in lieu of the 1% across-the-board increase proposed for constitutional officers and their employees in 2020; all other proposed bonus/increase amounts are the same for state employees as state-supported local employees.

The Senate amendments (477 #4s) provide for the following: 1) for sheriffs and their employees only, a $200 salary bonus payment on December 1, 2020; and 2) for all constitutional officers and their employees, a 3% across-the-board salary increase effective July 1, 2021.

Note that with the exception of the $200 bonus payment for sheriffs and their employees, the across-the-board salary increases are subject to a revenue contingency, requiring that FY20 year-end revenues meet certain levels in order for the salary increases to go forward.

Ross Mugler, Joe Horbal, Madeline Abbitt, and Page Johnson all believe we should support the House budget amendments. Therefore, unless the majority of the Executive Board feels otherwise, they will immediately begin working the following likely budget conferees on this issue:

Senate

Saslaw, Howell, Edwards, Lucas, Norment, Hanger, (possibly Deeds, Ruff?)

House

Torian, Sickles, Plum, Cox, Knight, (possibly McQuinn, Aird, Rush?)

There was one additional House budget amendment that was approved:

Item 75 #1h Originally Item 75 #2h was submitted by Delegate McQuinn (pt. Chesterfield, Henrico & Richmond City).

“The Compensation Board shall perform a review of the career development programs within the constitutional offices regarding the demographic composition of the employees in the programs and make recommendations as needed to ensure equity and fairness within the programs. The Compensation Board shall provide a report to the Chairs of the House Appropriations and Senate Finance and Appropriations Committees by November 1, 2020.”

Explanation:

(This amendment requires the State Compensation Board to conduct a review of the demographic composition of the career development programs and make recommendations as needed to ensure fairness and equity the program.)”

As a reminder, the last day the House and Senate to act on their respective budget bills is February 26^th. The GA session ends (Sine Die) on March 7^th.

Excellent work!!!

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Dateline 2/11/2020

Today 2/11 is Crossover and the last day for each house to act on its own legislation, excluding the budget bills. Essentially, the legislative process begins all over again. House bills which were approved will be moving to the Senate and likewise Senate bills will move over to the House.

Three of our four legislative agenda items are still in play:

Item #1 – Funding for State Share of Authorized Positions

Item #2 – 3% Salary Increase for State and State Supported Local Employees

Item #4 – Parity with State Employees on Retiree Health Care Credit

SB1057 – Virginia Retirement System; health insurance credits for retired state employees. (Ruff) This bill grants retired constitutional officers and their employees parity with state employees on the health care credit. The governor did not provide funding for this initiative and there is no budget amendment. However, this measure is on it way to becoming law. If it passes, we will surely seek funding for it next year. The bill passed out of the Senate of a vote of 40 – 0.

We will focus on the passage of all of the above initiatives again this week.

This past week the following actions was taken on bill we a have been monitoring:

Collective Bargaining

HB582 – Collective bargaining for public employees; definitions, labor organization representation. (Guzman) An amendment excluding constitutional officer employees from the provisions of this bill passed. This was a combined effort with many of you reaching out to your House legislators as well as efforts of our constitutional officer colleagues. There was significant debate within the House Democratic caucus. The patron and the pro-Union lobby fought hard for our employees to be included in this bill (perhaps a harbinger of things to come?). However, freshman Delegate, Martha Mugler would not yield on the issue to either the patron or the Union lobby. She and others were a driving force and behind the passage of the amendment. In addition, Alan Albert (Treasurer’s Assoc.), crafted the amendments on our behalf. The amendment passed on a voice with little audible opposition. The bill passed on a partisan vote 54 to 45.

SB1022 – Collective bargaining for public employees; labor organization representation. (Boysko) This bill was incorporated into SB939 (below).

SB939 – SB 939 Counties, cities, and towns; labor and employment, collective bargaining. (Saslaw) This bill is similar to HB582 (above). The bill passed the Senate on a partisan vote 11 to 5.

SB131 – Form of ballot; party identification of certain candidates, constitutional offices. (Chase) This bill failed to report in Senate Privileges & Elections and has been disposed of.

Peer-to-Peer

SB735, SB749, SB750 and HB1539). Various bills regarding Peer-to-Peer vehicle sharing platforms are advancing. These bills establish requirements (i.e. insurance, taxation, recordkeeping, disclosure, and safety recall, etc.) for peer-to-peer vehicle sharing platforms. There is strong support for the bills. The competing Senate bills SB749 & SB750 have been incorporated into SB735. HB1539 is sole remaining house bill.

Last week, Ross Mugler met with a group of stakeholders (i.e. VML, auto rental companies, and peer-to-peer lobbyist). The bills, subject to zoning requirements, will permit businesses and individuals to offer to lease up to ten cars on a peer-to-peer platform app paying a reduced daily rental of 6.5% (2.5% to localities and 4% to the state). Within three years the local portion increases to 3%.

Our only interest in the bill was discovery. As with AirBnb, this request fell on deaf ears. While discovery for the smaller users will be an issue, those that own multiple cars for lease will likely reveal themselves when seeking the local exemption from personal property taxation.

Veterans Relief

SB143 – Disabled veterans and surviving spouses; state subsidy of property tax exemptions.

SB446 – Constitutional amendment; personal property tax exemption for motor vehicle of a disabled veteran. (Reeves)

SJ58 – Constitutional amendment; personal property tax exemption for motor vehicle of a disabled veteran.(Morrissey)

The above three bills were among four dozen that were continued until 2021.

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Dateline 1/31/2020

***CALL TO ACTION***

Please contact your Senators and Delegates and request that they oppose House Bill 582 and Senate Bill 1022 in their present form.

These bills will not work for constitutional officers for a variety of reasons:

The local government can’t bargain for the terms and conditions of employment in CO offices because they don’t control them
The officers themselves can’t bargain for compensation – the state sets CO comp through the Comp Board and the Appropriations Act
The vast majority of these offices are small – many contain only two or three deputies – and that is not a sensible size for a bargaining unit
Because each officer is independent, you’d need a bargaining unit for every office – roughly 625 of them, if you wanted to cover every office in the state

Please contact your legislator now and request that they oppose HB 582 and SB 1022 in their present form. An amendment has been prepared for consideration in the Senate.

KEY CONTACTS

Senate Commerce and Labor Committee: Saslaw Chair), Norment, Newman, Obenshain, Lucas, Spruill, Edwards, Deeds, Barker, Marsden, Ebbin, Lewis, Surovell, Mason, Bell

Senate Commerce and Labor Committee – Email entire committee

Senate Finance and Appropriations Committee: Howell (Chair), Saslaw, Norment, Hanger, Lucas, Newman, Ruff, Vogel, Barker, Edwards, Deeds, Locke, Petersen, Marsden, Ebbin, McClellan

Senate Finance and Appropriations Committee – Email entire committee

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Dateline 12/19/2019

On December 17, Christmas came early for Virginia’s constitutional officers when Governor Northam presented his budget to the money committees. In response to our direct request, the Governor has recommended funding support for unfunded and underfunded positions for commissioners of the revenue in 2021 and 2022 as follows:

Provide salary adjustment for Commissioners of Revenue

Provides funding to support underfunded and unfunded positions in Commissioners of Revenue offices.

	FY 2021	FY 2022
General Fund	$950,656	$1,037,069

This is truly welcome news and marks a reversal of a trend and the first time in many years we have funding support for positions. As we have said many times, ultimately, it is much easier secure budget recommendations made by the Governor’s.

Obviously, we will be asking the General Assembly to support the Governor’s budget recommendations with respect to commissioners of the revenue.

In addition, the Governor’s budget provides an adjustment to the retiree health insurance credit contribution rates for state supported local public employees including constitutional officers and employees of constitutional officers. This item may provide the parity we sought with state employees.

Adjust appropriation for centrally funded state-supported local employee other post-employment benefit rate changes

Adjusts appropriation for changes to state-supported local employee other post-employment benefit rates budgeted in Central Appropriations, Item 474 L. of Chapter 854, 2019 Acts of Assembly.

	FY 2021	FY 2022
General Fund	$245,232	$245,232

This was accomplished through the diligent efforts of many of your colleagues, several of whom are close to the Governor and key members of his cabinet.

In the coming days the details of the Governor’s recommendations will be forwarded to you by Robyn deSocio.

Merry Christmas! It’s shaping up to be a Happy New Year!!!!

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Dateline 2/25/19

The Budget Conference Committee Report (aka Conference Report) was published this morning (2/23). Here are the highlights for us.

474 #4c

The budget compromise, if signed by the Governor, eliminates the proposed 1% salary bonus and increases the approved 2% salary increase to 3% effective July 1, 2019.

https://budget.lis.virginia.gov/amendment/2019/1/HB1700/Introduced/CR/474/4c/

69 #1c

In addition, pursuant to our budget request the compromise includes the additional funding for our Career Development Program (CDP) increasing the salary supplement to 9.3% to conform with that provided under other constitutional officers’ career development plans.

https://budget.lis.virginia.gov/amendment/2019/1/HB1700/Introduced/CR/69/1c/

Lastly, budget amendment Item 255 #1s Machinery and Tools Tax Report (language only) was stricken.

This amendment would have established a working group for the purpose of presenting a legislative plan and budget by the 2020 General Assembly Session that would allow Virginia to require all localities to assess a “zero” rate on a manufacturer’s machinery and tools for the first five years the equipment is put into service. The funds to reimburse local governments would be provided by the state using new sales and use tax revenues derived from requiring remote sellers to collect sales tax. Funds would be distributed to localities following a reimbursement method similar to the method used for the Communications Sales and Use Tax Trust Fund.

I will send one final update after the veto session (April 3rd).

Please remember to send a thank you to the following members of the Budget Conference Committee:

House

Senate

Norment, Hanger, Howell, Saslaw, Newman, Ruff, and Wagner

Page

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Dateline 2/4/19 PM

Just moments ago on the House Floor, by an overwhelming voice vote, HB2640 failed to be engrossed and reported to its 3rd Reading. The bill had been disposed of.

Both Delegate Ingram and Lopez supported us and spoke against the bill.

The only surviving issue for us is now SB1016. Stayed tuned.

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Dateline 2/4/19

The Senate Finance Committee and House Appropriations subcommittees have completed their respective budget recommendations. The following is a summary of both subcommittee reports:

The Governors introduced budget contained a 2% salary increase effective July 1, 2019 for constitutional officers and their employees, and state employees (originally approved in the 2018 session), and a proposed 1% salary bonus effective December 1, 2019.

House Appropriations Compensation & Retirement Subcommittee Report

The House eliminated the proposed 1% salary bonus and increased the approved 2% salary increase to 3% effective July 1, 2019.

The House also approved our budget request for additional funding for our Career Development Program (CDP) increasing the salary supplement to 9.3% to conform with that provided under other constitutional officers’ career development plans.

Senate Finance Captial Outlay & Technology Subcommittee Report

The Senate eliminated the proposed 1% salary bonus and offered no change to the approved 2% salary increase effective July 1, 2019.

The House also approved our budget request for additional funding for our Career Development Program (CDP) increasing the salary supplement to 9.3% to conform with that provided under other constitutional officers’ career development plans.

Clearly, going forward, we will likely be supporting the House version of the budget.

Robyn DeSocio will be sending detailed information in the next several days.

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Dateline 2/2/19

BILLS OPPOSED

SB1623 & HB2587 Confidentiality of tax information; local tax officers sharing information.

We opposed both bills. Both bills were stricken by the patrons and disposed of.

SB1363 & HB2076 Petersburg, City of; amending charter, city manager shall serve as collector of city taxes.

We supported the Treasurers Association in opposition to both bills. HB2076 was defeated in subcommittee (3-5). SB1363 was approved in subcommittee (11-1) with an amendment to make the measure permissive rather than mandatory. Senator Stanley, Chairman of Senate Local Government Committee, wisely stated “..the office (of Treasurer) is bigger than the person occupying it.”

HB2640 Machinery and tools tax; definition of original total capitalized cost.

Bill was reported from Finance (14-Y 8-N) to the House Floor.

SB1016 Form of ballot; party identification of certain candidates.

Bill passed the Senate in a close vote (22-Y 18-N) and sent to the House, Bill was assigned to House Privileges & Elections.

BILLS SUPPORTED

SB1196 & HB2150 Real property tax; exemption for the elderly and disabled, improvements to a dwelling.

We supported both bills. Both bills are advancing through their respective houses.

BUDGET AMENDMENTS SUPPORTED

Item #1 – Funding for State Share of Authorized Positions

Item 69 #1h

Provide (FY20) funding for 132 deputy positions FY20 $728,220

Provide (FY20) partial funding (20%) for 171 deputy positions FY20 $466,203

Item #2 – Conform Commissioner of Revenue Career Development Plan

Item 69 #4h

Provide additional CDP funding support FY20 $31,250

Item #3 – Additional 1.5% Salary Increase for Commissioners & Employees

Item 69 #3h

Provide additional salary increase FY20 $281,587

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Dateline 3/5/18

Both the House and Senate have completed their respective budgets. As anticipated each body rejected the others budget over sizable differences. The matter is now in the hands of the Committee of Conference (see below).

As far as we are concerned, both budget do not differ dramatically. However, the House version of the budget supports a 2% raise for CO’s and state employees, effective July 2019. The Senate does not, but ads language for a 2% pay raise if the FY18 revenues forecast are achieved. Neither budget incorporates our other initiatives (i.e. unfunded/underfunded and CDP amendments).

Therefore, please contact your legislator immediately and request that they contact members of the conference committee in support the House version of the budget AND that our additional budget amendments (see 2018 Legislative Agenda above) for unfunded/underfunded positions and CDP be included.

It is particularly important that each of the “conferees” identified below be contacted directly.

House Budget Conferees

• S. Chris Jones (R-Suffolk)

• Chris Peace (R-Hanover)

• Barry Knight (R-Virginia Beach)

• Scott Garrett (R-Lynchburg)

• Mark Sickles (D-Fairfax)

• Luke E. Torian (D-Prince William)

Senate Budget Conferees

• Thomas K. Norment, Jr. (R-District 3)

• Emmett W. Hanger, Jr. (R-District 24)

• Janet D. Howell (D-District 32)

• Richard L. Saslaw (D-District 35)

• Stephen D. Newman (R-District 23)

• Frank M. Ruff, Jr. (R-District 15)

• Frank W. Wagner (R-District 7)

Remember, “If you don’t ask, you don’t get!”

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Dateline 2/27/18

We were partially successful, in obtaining our budget request goals. The House supported the Governors recommendation for a salary increase and moved the date up to July 2019. The Senate removed the Governors proposed language, but provided for an increase in July 2019 only if revenues do not fall short of budget forecasts. Most impactful, we did not receive funding support for our #1 & #2 items. Our options at this point are limited. We can press the likely budget conferees to include these items in the budget compromise. However, this may be a tall order as both the House and Senate budgets with respect to us are similar.

In other legislative news…

Budget amendment 273 1h, approved by the House, we are exempted from paying the requisite $275 when request an advisory opinion from the Department of Taxation.

https://budget.lis.virginia.gov/amendment/2018/1/HB30/Introduced/CA/273/1h/

SB531 Reestablish the accelerated refund program for taxpayers filing income tax returns in person or via the United States mail with a commissioner of the revenue for taxable years beginning on and after January 1, 2018.

Passed in the Senate 39 to 0

Passed in House Finance Subcommittee #2 5 to 0.

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Dateline 2/20/18

Most impactful, we did not receive funding support for our #1 & #2 items:

Item #1 – Restoration of Underfunded and Unfunded Positions

Provide (FY18) funding for 134 deputy positions that have been underfunded since 2002.

FY18

Approximate cost $743,675

Provide (FY18) partial funding (10%) for 171 deputy positions that have been entirely unfunded since 2012.

FY18 FY19

Approximate cost $228,523 $228,523

Source: State Compensation Board, Richmond, VA

Item #2 – Commissioners of the Revenue Career Development

Provide (FY18) career development program (CDP) funding for 26 deputies who have qualified for the program but remain unfunded.

FY18 FY19

Commissioners of Revenue $29,977 $29,442

Our options at this point are to press the likely budget conferees to include these items in the budget compromise. This may be a tall order as both the House and Senate budgets with respect to us are similar.

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Dateline 2/14/18

Today the Senate Finance Committee voted to carry over HB 786 and HB 787 for a year for further study. This means the bills will not be heard again this year, but maybe brought back next year.

Video of the Senate Finance Committee cane be seen here Go to the 40min mark. Del. Keam mentions HB788 and HB787 but he means HB786 and HB787.

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Dateline 2/7/18

After yesterday’s flurry of activity regarding HB 786 and HB 787, we are now better apprised of the facts with regard to impact of these two bills.

Charlie Crowson and Lori Stevens negotiated in good faith and represented the interests of both the V.A.A.O. and CoR’s. Representatives from VML, VaCo and the Northern Virginia Apartment Owners were also present. Charlie circulated a request for assistance widely beforehand, but apparently he and Lori were only individuals who were present. Following this meeting Charlie also circulated drafts of HB 786 & HB 787 widely to individuals outside of our organization. Some concerns were raised and the following offending language was stricken from both bills:

In any appeal of an assessment of real or personal property, if the assessment that is the subject of the appeal is an increase of more than 20 percent over the assessment for the same property for the prior tax year, except in cases of buildings constructed in the previous five years, the assessor shall have the burden of proving by a preponderance of the evidence that the assessment is correct.

No other specific recommendations were made until several days ago and after the bills had passed out of the House without any opposition.

Neither Ross Mugler nor I were present during the negotiations and were largely not included in the email discussions which followed. However, it does appear that an unintended misrepresentation of fact did occur. Specifically, that the compromise solution agreed to in 2011/12 removed “manifest error” the standard. HB 786 & HB 787 now specifically remove the manifest error language from the code which lowers the existing standard. While I do not believe that there was any intent to knowingly misrepresent fact, an unintended misrepresentation apparently did occur. We were negligent in not immediately disputing what was apparently said, or then verifying and correcting what had been represented after-the-fact.

Compounding matters, during our recent Legislative Days we reviewed all bills which were impact our offices. HB 786 & HB 787 were among the bills reviewed. No objections were raised regarding these bills.

Unfortunately, it would appear that misrepresentation, assumptions, and lack of diligence have conspired to create this situation.

There is plenty of blame to go around.

Delegate Keam has suggested that all parties meet again. Hopefully, we will find a solution amenable to all concerned.

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Dateline 1/25/18

Our budget amendments are in. They can be found here:

(House #73 6h, 7h, 10h, 11h)

https://budget.lis.virginia.gov/get/amendmentpdf/3445/

(Senate 79 #1s, 3s, 4s, 5s, 6, 7s, 8s)

https://budget.lis.virginia.gov/get/amendmentpdf/3450/

If one of the following General Assembly members is your legislator please contact them directly and ask them to support our budget amendments.

House Appropriations Committee

Jones, S.C. (Chairman), Landes (Vice Chair), Ingram, Poindexter, Peace,Knight, Garrett, Stolle, Rush, Robinson, Head, Pillion, Torian, Sickles, James,Carr, McQuinn, Aird, Tyler, Krizek, Bell, John J., Hayes

Compensation Retirement Subcommittee members

Poindexter(Chair), Ingram, Garrett, Rush, Carr, Krizek, James.

General Government Subcommittee members:

Torian(Hayes), Hayes, Head, Ingram, Knight, Poindexter, Stolle

Senate Finance

Norment (Co-Chair), Hanger (Co-Chair), Howell, Saslaw, Lucas, Newman, Ruff,Wagner, McDougle, Vogel, Carrico, Obenshain, Barker, Dunnavant, Stuart, Dance

Capital Outlay & General Government Subcommittee members:

Thomas K. Norment, Jr., Chair, Richard L. Saslaw, Emmett W. Hanger, Jr., L. Louise Lucas, Frank M. Ruff, Jr., Frank W. Wagner, Ryan T. McDougle, Jill H. Vogel, Mark D. Obenshain, Rosalyn R. Dance

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Dateline 1/17/18

Here is the 2018 CoR Legislative Agenda adopted at our recent annual meeting. Please contact your Delegate and Senator immediately, in person if possible, and provide them with a copy and request that they support these initiatives. It is also a good idea to share our agenda with your constitutional officer colleagues. As the legislative session develops this agenda will likely be revised as circumstances dictate.

Legislative Days will be January 21-23. Once again, a block rooms will be available at the Omni Hotel, Richmond.

After four decades of hard service the old General Assembly Building (GAB) is being torn down and replaced with a new General Assembly Building in the same location. In the interim, legislators offices have been temporarily relocated to the nearby Pocahontas Building at 900 E. Main St. This location, while more convenient to the Omni Hotel (one block away), will actually be more of a challenge for us due to the extremely limited amount of space available. For example, we will not have meeting space within the Pocahontas Building as we have had in the old GAB. Lori Stevens has arranged meeting space in the Executive Offices of the Virginia Department of Taxation several blocks away at 600 E. Main Street. In addition, because of these conditions we have elected not to descend en masse on the Pocahontas Building and have suspended the distribution of legislative gifts.

Accordingly, each of you is encouraged to plan your visit with your legislators by scheduling an appointment during business hours, and/or arranging to have dinner with them sometime during our Legislative Days.

To help orient you I have included a map of downtown Richmond.

If you have any questions, please feel free to contact me, Ross Mugler, or any member of the executive/legislative committee.

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Dateline 2/6/17

For Details of the Association position on Budget see: dateline 1/25/17

The Senate Finance and House Appropriations Committees completed their respective budgets yesterday. The highlights are as follows:

CDP

The Senate version (SB900) maintains full funding for Career Development Programs that was proposed in the Governor’s introduced budget bill. The House version (HB1500) removes all funding from the budget bill for CDP and redirected that funding to support a proposed 2% across-the-board salary increase for all constitutional officers and their employees in FY18. Reconciliation of these differences will be a matter for consideration by the Conference committee.

Salaries

Both the SFC and HAC amendments provide for a 2% salary increase for all constitutional officers and regional jail superintendents and their Compensation Board funded employees, effective August 1, 2017, in lieu of the proposed 1.5% bonus included in the introduced budget. Both the SFC and HAC proposed a 3% salary increase for state employees. While all the specific details have not been published, it does not appear that these increases are contingent upon revenues.

Copies of the budget amendments will be available tomorrow (Feb. 7^th) at noon, which is also crossover. Both houses will vote on their respective budgets on Thurs., (Feb. 9^th). On Wed., (Feb. 15^th) both house will then vote on, and likely reject, the others budget. A Committee of Conference will be appointed to work out the differences. The deadline for their work is Tues., Feb. 21^st. The Conference Report will be available on Thurs. (Feb. 23^rd). A final vote on the Budget Conference Report will take place on Sat., Feb. 25^th, the 2017 GA session will then adjourn, Sine Die.

Please contact your legislator immediately and ask them to support the Senate version of the budget. Cleary, the Senate version maintains full funding for CDP and grants us a 2% salary increase. If your legislator is one of the likely budget conferees, it is imperative that you make your feelings known to them now on these critical issues:

The likely House and Senate Conferees are:

House Budget Conferees (likely)

S. Chris Jones (R-Suffolk)
R. Steven “Steve” Landes (R-Augusta)
M. Kirkland “Kirk” Cox (R-Colonial Heights)
John M. O’Bannon, III (R-Henrico)
Thomas A. “Tag” Greason (R-Loudoun)
Luke E. Torian (D-Prince William)

Senate Budget Conferees (likely)

Thomas K. Norment, Jr. (R-District 3)
Emmett W. Hanger, Jr. (R-District 24)
Janet D. Howell (D-District 32)
Richard L. Saslaw (D-District 35)
Stephen D. Newman (R-District 23)
Frank M. Ruff, Jr. (R-District 15)
Frank W. Wagner (R-District 7)

President Lori, Ross Mugler, Madeline Abbitt, Charlie Crowson, and I, will be meeting with the above individuals later this week along with our other constitutional officer colleagues. It is much easier for us to engage these individuals if they have heard from you first.

One final thing, last week largely because of your efforts, HB2104, a very bad bill for localities, was referred to the Appropriations Committee where it will likely remain (i.e. it is dead). This was no small accomplishment. We went up against a very powerful lobby in the Virginia Manufacturers Association, and won! Please be sure to thank your legislator for standing with you and your locality on this important issue. Also, give yourselves a pat on the back.

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Dateline 1/26/17

Please contact your Delegate immediately and ask them to vote “NO” on HB 2104 (Byron) and HB 2447 (Marshall).

HB 2104 – Machinery and tools tax; valuation, appeal of certain local taxes:

Violates the principle of “uniformity” in assessment methodology established in Article X Sect. 1 & 2, of Virginia Constitution – a) Permits the taxpayer to effectively choose the method of assessment on individual pieces of equipment; b) Same piece of equipment will be valued differently for different companies; c) a business can have equipment assessed by three different methods on property within the same assessment. (see lines 184 – 186).

Expands the Commonwealth’s authority over local taxation by limiting the authority and discretion of local officials, in particular based on valuation. The Virginia Department of Taxation nor the Tax Commissioner has the experience or expertise in evaluating Business Personal Property (BPP) or Machinery & Tools. (by the Tax Depts. est., $100,000 in addtl. FTE). The valuation of BPP and M&T is much more complex than is real property.
Is labor intensive. Likewise, localities do not have the resources to institute this type of valuation methodology (est. $10,000,000 local addtl. FTE).
Is redundant in many aspects – a) Local officials are already required to take into account technological obsolescence per section §58.1-3503; b) Taxpayers are already permitted to appeal to both the Tax Commissioner and Circuit Court. The bill will add an unnecessary layer of appeal.

House Finance Committee Members:

Ware (Chairman), Cline (Vice Chair), Orrock, Byron, Cole, Hugo, Marshall, R.G., Pogge, Head, Farrell, Fariss, Fowler, Bloxom, Freitas, Holcomb, Watts, Keam, Filler-Corn, Kory, Sullivan, Murphy, Heretick

HB2447 – Motor vehicles, local licensure; eliminates ability of a locality to assess local license fees:

Two-hundred-thirty-seven (237) Virginia localities (34 cities, 85 counties, 118 towns) currently impose the Motor Vehicle License Tax (Source: Virginia Local Tax Rates 2015; Weldon Cooper Center for Public Service). The overall statewide impact is a loss of more than $200 million in revenues to localities (Source: Auditor of Public Accounts, Commonwealth Data Point).

The bill, as drafted, eliminates Commissioner of the Revenue and Treasurer access to “law enforcement databases” (i.e. DMV database). (see lines 139-144).

House Transportation Committee Members:

Villanueva (Chairman), Hugo (Vice Chair), Garrett, Habeeb, Anderson, Minchew, Yancey, Dudenhefer, LeMunyon, Davis, Austin, LaRock, Pillion, Adams, Collins, Ward, Toscano, McQuinn, Carr, Filler-Corn, Plum, Bagby

For those of you who have a member on one of the above committees, please REPORT BACK TO ME the response you receive from your Delegate.

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Dateline 1/25/17

Virginia Commissioners of the Revenue Association 2017 Legislative Agenda

Virginia’s elected Commissioners of the Revenue are making every effort to better serve the Commonwealth and its citizens by providing efficient and innovative revenue administration at both the state and local levels.

In brief, we are committed to providing services to the citizens in each of our localities while simultaneously enhancing state and local revenues at little to no cost.

We are seeking your consideration and support for the following budget priorities:

Item #1 – Commissioners of the Revenue Career Development

Provide (FY18) career development program (CDP) funding for 12 principal officers and 106 deputies who have qualified for the program but remain unfunded, some as long as seven years.

FY18

Approximate cost $223,906

Item #2 – 3% Salary Increase for Commissioners of Revenue eff. July 2018

Provide (FY18) a 3% salary increase for commissioners of the revenue and state supported deputies of commissioners of the revenue:

FY18

Commissioners of Revenue $493,793

The following illustrates the cost of providing a 3% salary increase to the four other constitutional officer groups, included are Directors of Finance:

FY18

Circuit Court Clerks $1,275,634

Commonwealth’s Attorneys $1,937,658

Sheriffs/Regional Jails $12,449,338

Treasurers $466,304

Finance Directors $151,740

Notes:

All Base Salary amounts used to calculate salary increase costs were based on State Compensation Board approved reimbursable salaries effective July 2016 with the exception of the elected Commissioner, elected Treasurer, and appointed Finance Director. In order to maintain the local-responsible portion of elected Treasurers, elected Commissioners, and appointed Finance Directors at 50% of their 1980 local salary, any state-funded salary increases are based on 100% of the cost to increase to their budgeted salaries plus benefits. Similarly, state approved employees of these offices are funded 50% by the state and 50% by the locality.

Sheriffs and Regional Jails – Staff Base Salary include annual salaries of new jail positions for jail construction projects in Central Virginia and Pamunkey Regional Jails, both of which are scheduled and funded to open in FY17. Positions required to staff the Chesapeake City Jail expansion project that is scheduled to be completed in FY18 are not included as funding has not been approved by the General Assembly at this time.

Salary base excludes $1,000 city/county combined office salary supplements for 10 Sheriffs and 13 Commonwealth’s Attorneys which are not part of their base salary for increases.

Circuit Court Clerks benefits are paid at 2/3rds of the approved benefits rates. The salaries of the Newport News, Richmond and Roanoke Clerks and their staff are excluded as these offices do not receive state support.

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Dateline 1/12/16 (Note: revised 1/14 to reflect Comp Board change in 2% salary increase for FY18)

Virginia Commissioners of the Revenue Association 2016 Legislative Agenda

In brief, we are committed to providing services to the citizens in each of our localities while simultaneously enhancing state and local revenues at little to no cost.

We are seeking your consideration and support for the following budget priorities:

Item #1 – 2% Salary Increase for Constitutional Officers eff. August 1, 2017

Budget Bill HB 30/SB30 (Introduced) Item 475 P.1 & R.1.a

Administration FY 17 FY 18

Compensation Board $0 $10,123,818 GF

Explanation:

P.1. The Governor is hereby authorized to allocate a sum of up to $11,800,000 (Constitutional Officers) the second year from this appropriation to the extent necessary to offset any downward revisions of the general fund revenue estimate prepared for fiscal years 2017 and 2018 after the enactment by the General Assembly of the 2016 Appropriation Act or 2017 Appropriation Act. If within 5 days of the preliminary close of the fiscal year ending on June 30, 2017, the Comptroller’s analysis does not determine that a revenue re-forecast is required pursuant to § 2.2-1503.3, Code of Virginia, then such appropriation shall be used only for employee compensation purposes as stated in paragraphs Q. and R., below.

R.1. Contingent on the provisions of paragraph P.1. above, the appropriations in this Item include funds to increase the base salary of the following employees by two percent on August 1, 2017, provided that the governing authority of such employees certifies that the listed employees will receive the stated pay increase.

Locally-elected constitutional officers;

Item #2 – Commissioners of the Revenue Career Development

Budget Bill HB 30/SB30 (Introduced) Item 72 D & E

Provide (FY17) career development program (CDP) funding for 14 principal officers and 102 deputies who have qualified for the program but remain unfunded, some as long as seven years. (Approximate cost $475,228 in FY17 & FY 18)

Administration FY 17 FY 18

Compensation Board $237,614 $237,614

Item #3 – Burden of Proof & Arbitration in Real Estate Assessments

Burden of Proof – Commissioners of the Revenue oppose any efforts to alter the burden of proof in real estate assessments. Our main objection to this bill was that it shifted the burden of proof from the taxpayer to the assessor.

Losing the HISTORICAL presumption of correctness of real estate assessments would be a disaster for local government, and also sets a precedent for all other assessments (e.g. Personal Property). In almost all states, including Virginia, assessments are deemed prima facie correct and the burden of proving otherwise falls on the taxpayer.
An appeals process has been in place since the 2012 GA Session and agreed to by VML, VaCO, Virginia Association of Assessing Officers (VAAO), Commissioners of the Revenue, and the Virginia Association of Realtors.
Localities utilize a Mass Assessment process that is professional, inherently conservative, uniform and fair. Most assessors, even in smaller localities, have state licenses, professional designations, as well as years of experience and continuing education.
Any change would favor wealthy commercial owners who have the resources to litigate AND wealthy localities who have the resources to fight assessments. Smaller businesses and localities would not have the resources to litigate or defend these actions.
Any change will only encourage litigation and will dramatically increase the number of appeals and lawsuits, including frivolous lawsuits. The main beneficiaries would be attorneys and MAI fee appraisers (called as expert witnesses).

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Dateline 12/17/15

The Governor has included in his budget full funding ($369,928) for career development programs for Commissioners and Treasurers, as we requested. In addition, his budget proposal includes a 2% raise ($15.6 million) for all constitutional officers to take effect Aug. 1, 2017 provided certain economic benchmarks are met.

Our objective is now to keep these items in the budget. Additional instructions and information on this will follow.

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Legislative Update

Virginia Commissioners of the Revenue Association 2017 Legislative Agenda

Virginia Commissioners of the Revenue Association 2016 Legislative Agenda

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