Herrity Leads State Task Force to Reduce Government Mandates

Gov. Bob McDonnell recently signed nine bills that streamline or eliminate burdensome state mandates on local governments. The legislation resulted from the work of the Governor’s Task Force for Local Government Mandate Review, a five-member committee appointed during the 2011 General Assembly session.

chaired the task force, which solicited input from local governments, school divisions, interest groups and the public to identify overly burdensome, costly and/or unnecessaryreview state mandates imposed on localities. The task force then recommended temporary suspension or permanent repeal as appropriate. The goal was to reduce financial and administrative burdens on local governments and the Commonwealth. Their efforts resulted in the elimination of more than 20 mandates. 

"Never in the Commonwealth’s history has anywhere near this many mandates been repealed in a single session," said Herrity. "These Bills represent common sense solutions that will provide fiscal relief to localities and the Commonwealth, and will enable both to more efficiently serve Virginia’s residents." 

In addition, the administration is in the process of reviewing a number of the task force’s other initial recommendations for elimination, through the Administration Process Act.

The bills signed by Governor McDonnell on June 9 go into effect on July 1, 2012.  They are:

HB96 (Wilt) Accreditation of schools; delayed implementation of certain statutes and regulations. 
Extends the delay of the implementation of statutes and regulations upon which the accreditation of schools in the Commonwealth is based that were not already in effect on June 30, 2008, with the exceptions of the graduation and completion rate index and the economics and financial literacy requirement, until July 1, 2013, unless such statutes or regulations are also specifically required by federal code, federal regulation, or court action.

HB869 (Rust)/SB 274 (Smith) Urban Development Areas

Makes incorporation of urban development areas optional rather than mandatory. Currently urban development areas are mandatory for many higher growth localities. The bill also makes technical amendments.

HB914 (Minchew) Children at Play Signs

Allows counties and towns, pursuant to an agreement with the Commissioner of Highways, to install “Children at play” signs on highways within their boundaries. The cost of the signs and installation will be borne by the county or town.

HB1216 (D. Bell) Zoning Amendment Notices on Federal or State Lands

Provides that when a proposed amendment to the zoning ordinance involves a tract of land of not less than 500 acres owned by the Commonwealth or by the federal government, and when the proposed change affects only a portion of the larger tract, notice need be given only to the owners of those properties that are adjacent to the affected area of the larger tract.

HB1295 (Byron)/SB679 (Newman) Eliminates State Mandates

Eliminates several statewide mandates on local government and regional government entities. The bill does the following: (i) removes the requirement that surplus property be offered to political subdivisions or volunteer fire and rescue squads before being sold at a public sale or auction, (ii) raises the ceiling for professional service contracts that a locality may enter without competitive negotiation from $50,000 to $60,000, (iii) eliminates the requirement that a lease of property owned by any political subdivision, or privately owned, licensed public use airport be approved by the department, (iv) removes the requirement for localities to obtain VDOT approval for red light camera locations, (v) clarifies that the local courts cannot require localities to construct a new or additional courthouse, (vi) eliminates requirements for reporting Urban Development Areas to the Commission on Local Government, (vii) removes the requirement for establishing local advisory committees on gifted education and the annual reporting by such committees, (viii) eliminates the requirement to provide the estimated per pupil cost for public education of individual school to each parent or guardian of the enrolled child, (ix) removes the requirement that proceeds from the sale of local education surplus property be applied to capital improvements, (x) eliminates the requirement to establish a school health board, (xi) removes annual contract requirements for community service boards, (xii) eliminates Internet policy mandates on local libraries, (xiii) changes requirement to give first priority for vending contracts to the blind from mandatory to a local option, and (xiv) repeals the requirement for civics training for teachers in order to renew license. The bill also makes technical changes.

SB676 (Garrett) Recycling Survey

Requires solid waste planning units or localities with a population of greater than 90,000 to submit a recycling report annually and requires those units or localities with a population of 90,000 or less to submit the report at least once every four years. Currently, all solid waste planning units or localities are required to submit the report annually.

HB579 (Helsel) Applications for Public Assistance May Be Made Electronically

Provides that applications for public assistance may be made electronically.

Other  Bills Passed During the 2012 General Assembly Session as a Result of the Governor’s Task Force for Local Mandate Review But Not Included in Today’s Bill Signing

HB135 (Kilgore)/SB996 (Hanger)

Add two additional local government representatives to the State Executive Council for Comprehensive Services for At-Risk Youth and Families (increase from three to five).

HB570 (Marshall)/SB75 (Watkins)

Eliminate requirement for licensing local government loan originators.

HB424 (Bulova)

Permit school divisions to authenticate school records for the court in cases other than the custody of a minor or the termination of parental rights.