Delegate Joe T.

May rd

33 House District
Representing Clarke County and Western Loudoun County

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K e y L e g i s l a t i o n - 2006 General Assembly
Delegate Joe T. May P. O. Box 2146 Leesburg, VA 20177-7538 Phone: (703) 777-1191 Fax (703) 777-6059 E-mail: joetmay@aol.com

LEGISLATIVE UPDATE
Courts

G E N E R A L A S S E M B LY R E P O RT F R O M D E L E G AT E J O E M AY
Summer 2006

Adoption
Passed Adoption laws (HB 727). In addition to procedural and administrative changes to adoption laws, the bill creates a “designated adoption,” a new form of adoption where a birth parent may designate adoptive parents but may use agency adoption, and the exchange of certain identifying information does not have to occur. May voted FOR

by this Commonwealth and its political subdivisions” and prohibits the creation or recognition of other relationships approximating marriage. The entire proposed amendment will appear on the ballot. May voted FOR

Dear Friends, The 2006 Session of the General Assembly was characterized by good economic times as Virginia enjoyed a robust economy. The session was also marked by relatively few controversial topics other than transportation. On June 28, 2006, we completed Virginia’s traditional budget after the longest budget standoff that Virginia has ever experienced. While about 60% of the new found revenues were directed toward those items required by law such as health care, Rainy Day Fund, bond payments, and etc., we still spent a very substantial amount on items such as education, public safety, health care, mental health, and environmental clean-up. And we did direct $568 MM to transportation. Unfortunately, this amount is insufficient to meet the accumulated needs of transportation statewide and in Northern Virginia in particular. To that end, the General Assembly will meet in late summer to consider a series of transportation bills designed specifically to address transportation needs, especially in Northern Virginia where the need is acute. These bills will address transportation overall including bus, rail, and highway. A “highway only” transportation solution no longer exists. As part of this legislative package, a group of NVA legislators and I will be submitting legislation to generate transportation revenues in NVA to be spent only in NVA on transportation. During the regular session, January to March 2006, we dealt with a number of issues which reflect Virginia’s continuing emergence as a technology based economy and continued surbanization of large areas of the state. Accordingly, coordination of land use and transportation received a major look this session and some small pieces of legislation survived. Frankly, this has to be the wave of the future. With regard to taxes, telecommunication taxes have been rewritten to be “revenue neutral,” greatly reduced in number and to reflect fees which are representative of services rendered. This has not been so in times past. A tax holiday on school supplies was passed along with an increase in the real estate exemption limit for the elderly. Also, during the special session, we accomplished the abolition of the estate tax. Energy generation and distribution also received substantial attention. Of particular importance was the so-called Energy Bill which establishes statewide policy for energy used in Virginia. A subset of energy policy is being reviewed by JLARC (Joint Legislative Audit and Review Commission) in a major study of underground versus overhead electrical transmission lines. Although the 33rd District has a compelling need for new policy in this area, it is actually a statewide problem which we expect to address in the 2007 session with new guidelines for the SCC (State Corporation Commission). I’ve attempted to list in this report some of the more important legislation which took place in the 2006 Session of the General Assembly. The majority of the issues do not have simple yes/no answers and represent the best solutions available. Closer to home, I was able to obtain funding for the following historic and/or educational entities: Virginia’s 4-H Educational Centers, Clarke County Historical Association, Oatlands, Mt. Zion, Purcellville Teen Center, Prince Hall & Accepted Masons, and funding for Civil War Battlefield Preservation Grants. I genuinely enjoy serving my constituents and the citizens of the Commonwealth. I hope to have the opportunity to speak to many of you in person in the coming months. If you have questions or if I can help you with any state or local matter, you may call (703) 777-1191 or e-mail joetmay@aol.com. Regards, Joe T. May

The General Assembly considered 3,287 bills during the 2006 session. Of those, 1,749 passed. Here’s what happened on some of the key measures.

Agriculture
Passed Avian Flu (HB 982). Allows the Commissioner of Agriculture and Consumer Services to adopt regulations to prevent and control avian influenza in commercial and noncommercial poultry. May voted FOR

Passed Sex Offenders (HB 984). Omnibus bill amends provisions related to the Sex Offender and Crimes Against Minors Registry by adding numerous qualifying offenses, including possession of child pornography and murder of a child. Registration requirements for sex offenders are amended to require more timely registration and to increase penalties for failing to register. May voted FOR Mandatory reporting of child abuse and neglect (HB 56). Requires any person who voluntarily undergoes training in recognition of child abuse to report suspected child abuse or neglect to a local department of social services or the Department of Social Services’ toll-free child abuse and neglect hotline. May voted FOR Dangerous dogs (HB 340). Expands the authority to petition a court to find a dog dangerous to any law-enforcement officer and makes that petition mandatory. A Virginia Dangerous Dog Registry is created to be maintained by the State Veterinarian, and any change in the status of a dangerous dog is to be promptly submitted in writing. The bill also (i) expands the definition of “dangerous dogs; (ii) requires that a dog that has been found to be dangerous or vicious shall be spayed or neutered; and (iii) requires insurance be maintained for a dangerous dog and raises the policy limit requirement to $100,000. May voted FOR

Business
Passed Cable competition (HB 1404). Establishes a new procedure by which cable operators may obtain authorization to operate cable systems in localities, which may grant ordinance cable franchises as an alternative to negotiated cable franchises. Ordinance cable franchises may be requested by certificated providers of telecommunications services with previous consent to use a locality’s rightsof-way, after requesting to negotiate a cable franchise agreement. May voted FOR Small business health insurance (HB 761). Authorizes the establishment of cooperatives for the purpose of offering, providing, or facilitating the provision of coverage for health care services to participating small employers. Membership in health group cooperatives is limited to employers with not more than 50 eligible employees. May voted FOR Failed Minimum wage (HB 539). Increases the minimum wage from its current federally mandated level of $5.15 per hour to $6.15 per hour effective July 1, 2006; to $7.15 per hour effective July 1, 2007; and to $8.15 per hour effective July 1, 2008. Left in Committee

Constitutional Amendment
Passed Marriage (HB 101). Provides for a referendum at the November 2006 election on approval of a proposed constitutional amendment to define marriage. The proposed amendment states that “only a union between one man and one woman may be a marriage valid in or recognized

May’s Legislative Record
Failed Teen drivers and cell phones (HB 1494). Prohibits persons under the age of 18 from using any cellular telephone or any other wireless telecommunications device, regardless of whether such device is handheld, while driving. May voted FOR Eminent domain (HB 94). Provides a definition of “public uses” as embracing only the ownership, possession, occupation, and enjoyment of land by the public or public agencies, and public corporations and public service companies, and that any taking of private property “must be necessary to achieve the public use, and the public interest must dominate the private gain.” May voted FOR Commission’s analysis for determining the feasibility of undergrounding electrical transmission lines. In conducting its study, the Joint Legislative Audit and Review Commission shall examine (i) the factors considered by the State Corporation Commission in its analysis of the feasibility of installing underground electrical transmission lines; (ii) the effect on property values resulting from installing underground, as opposed to overhead, transmission lines; (iii) the costs considered by the State Corporation Commission in reviewing transmission line applications; and (iv) such other issues as it deems appropriate. May Sponsored Bill

Natural Resources
Passed Air emission controls (HB 1055). Establishes a phased schedule for electric generating units in Virginia to reduce their emissions of sulfur dioxide, nitrogen oxide, and mercury. The Air Pollution Control Board is charged with promulgating the regulations that require specific numerical reductions in each pollutant. May voted FOR Failed Sunday hunting (HB 711). Allows hunting on the first Sunday of early archery deer season, early muzzleloader deer season, and general firearms deer season. Other measures authorize localities to allow Sunday hunting and allow Sunday hunting west of the Blue Ridge.

This legislative session I sponsored 17 bills and 3 resolutions. The legislation is listed below along with its final status. If you have Internet access, you may go to http://legis.state.va.us to obtain detailed information on the bills and/or other General Assembly information. • HB 814 Uniform Environmental Covenants Act; created Left in Courts of Justice • HB 815 Standards of Quality; modify current funding formula and calculation of composite index. Left in Education • HB 816 Recording devices in motor vehicles; access to recorded data. PASSED • HB 817 Affordable housing; dwelling unit program applicable in Town of Leesburg. Left in CCT • HB 818 Public Procurement Act; design-build projects by local public bodies, methods of procurement. Passed as SB 732 • HB 819 Magistrates; retired is eligible to serve as substitute. Left in Courts of Justice • HB 820 Public facilities impact fees; applicable in all localities. Left in CCT • HB 821 Rural Rustic Road program; roads with certain average daily traffic volumes qualify therefore. PASSED • HB 822 Libraries, local public; donations of materials to nonprofit organizations. PASSED • HB 823 Speed limits; signs placed in residence districts without approval of county. PASSED • HB 824 Signs; authorizes any town to request and pay for installation thereof. PASSED • HB 825 Speed limits; certain restrictions in residence districts. Stricken • HB 826 Tolls; failure to pay, penalty. Incorporated into HB 1000 • HB 827 License plates.; prohibits use of any bracket, etc. that obscures or alters. PASSED • HB 1120 Radar detectors; repeals prohibition on use thereof. Tabled in Transportation • HB 1121 Charter; Town of Purcellville. PASSED • HJ 100 Underground transmission lines; JLARC to study criteria, etc. used by SCC in evaluating feasibility. PASSED • HJ 305 Commending the Loudoun Medical Group. PASSED • HJ 335 Commending Charles Beardsley. PASSED • HJ 5006 Commending Clarke County Boys’ Basketball Team. PASSED

Health
Passed Medicaid, long-term care (SB 759). Requires the Board of Medical Assistance Services to include, in the state plan for medical services, a provision to establish a public-private longterm care partnership program between the state and private insurance companies encouraging the purchase of private long-term insurance policies. May voted FOR Virginia Cord Blood Bank Initiative (SB 370). Establishes the Virginia Cord Blood Bank Initiative as a public resource for Virginians for the treatment of patients with life-threatening illnesses or debilitating conditions, for use in advancing basic and clinical research, and, in the event of a terrorist attack, to be used in the treatment of the injured citizens of the Commonwealth. May voted FOR Failed Indoor smoking ban (SB 648). Prohibits smoking indoors in most buildings or enclosed areas frequented by the public. Exceptions are provided for private homes, certain private functions held in public facilities, hotel or motel rooms clearly designated as “smoking” rooms, specialty tobacco stores, and tobacco manufacturers. May voted FOR

Education
Passed No Child Left Behind (HB 1427). Directs the Board of Education to develop a plan to eliminate initiatives or conditions that are currently being funded by No Child Left Behind, unless such initiatives or conditions are an integral and necessary component of the Standards of Quality, Standards of Accreditation, or Standards of Learning. May voted FOR Qualifications for providing home instruction (HB

Social Services
Passed Kinship foster care (SB 47). Requires a local board of social services, before making a foster care placement, to first seek out kinship foster care. Kinship foster care placements are subject to the requirements, and receive the benefits, of other foster care placements, including payments for the care of the child. May voted FOR

I was pleased to sponsor HJR 100 which provides for a Joint Legislative Audit and Review Commission study of the criteria used by the State Corporation Commission (SCC) in evaluating, placement of transmission lines underground or overhead.

A major restructuring of telecommunications

taxes was accomplished 1340). Requires persons providing home instruction to hold a through HB 568 putting Virginia on the forefront of states dealing with issues
high school diploma. Under current law, such individuals must hold a baccalaureate degree. May voted FOR Internet safety instruction (HB 58). Adds a requirement that Internet use policies developed by division superintendents include a component on Internet safety for students that is integrated in a division’s instructional program. May voted FOR

Taxes
Passed Back to School Tax Holiday (HB532). Provides a sales tax exemption, beginning in 2006, for certain school supplies, clothing, and footwear purchased during a three-day period each year beginning on the first Friday in August. May voted FOR Communications tax reform (HB 568). Completely revises the taxation of communications services by applying a statewide communications sales and use tax to retail communication and video services at a rate of 5%. May voted FOR Estate tax (HB 5019 2006 Special Session). The bill eliminates the Commonwealth’s estate tax for estates of persons who die on or after July 1, 2007. May voted FOR

Elections
Campaign Finance Disclosure Act of 2006 (HB 972). Enacts a new campaign finance disclosure act and reorganizes, renumbers, and clarifies provisions on campaign finance disclosure, political advertisements, and campaign fundraising during General Assembly sessions. May voted FOR

raised by major changes Passed in the communications industry.

Higher Education
Passed Textbooks (HB 1478). The governing boards of public institutions of higher education must implement policies for minimizing the cost of textbooks for students. May voted FOR Children of military personnel (HB 695). Children of active duty military personnel assigned to a permanent duty station in Virginia who reside in Virginia shall be eligible to receive in-state tuition in Virginia. May voted FOR

Energy
Passed Virginia Energy Plan (SB 262). New Code title that calls for the Division of Energy to develop a 10-year comprehensive energy plan. The bill supports the surveying, exploration, development, or production of potential natural gas deposits in areas off the Commonwealth’s Atlantic shore that are under federal jurisdiction and supports federal legislation that will enable the Commonwealth to exercise exclusive jurisdiction with respect to offshore wind energy resources. May voted FOR Study; undergrounding electrical transmission lines; report. (HJ100) Directs the Joint Legislative Audit and Review Commission to study the State Corporation

Transportation
Passed Public-Private Transportation Act of 1995 (PPTA) (HB 1426). Provides for the granting of concessions under the PPTA and the taxation thereof. Commonwealth Transportation Board. Provides for the election of the non-atlarge members of the Commonwealth Transportation Board by the General Assembly. May voted FOR Recording devices in motor vehicles; ownership of recorded data; insurance policies; disclosure (HB 816). Defines the vehicle owner as the owner of any data recorded on a recording device installed in a motor vehicle. Recorded data may only be accessed with the vehicle owner’s consent, except under certain circumstances. May Sponsored Bill Failed Joint Commission on Transportation Accountability (HB 1365). Creates the Joint Commission on Transportation Accountability to carry out close legislative oversight of state agencies with transportation responsibilities. May voted FOR

Local Government
Passed Coordination of state and local transportation planning (HB 1513). Prior to adoption of any comprehensive plan or amendment a locality shall submit the plan or amendment to the Department of Transportation for review and comment. The application shall include a traffic impact statement if required by the locality by ordinance. Furthermore, upon submission to a locality of a subdivision plat or a site plan or plan of development, the locality shall submit the plat or plan to the Department of Transportation within five days of receipt. May voted FOR Rural Rustic Road program (HB 821). Allows roads with average daily traffic volumes of no more than 1,000 vehicles to qualify for the Rural Rustic Road program. Present law limits roads in the program to average daily traffic volumes of no more than 500 vehicles. May Sponsored Bill

Delegate May and Delegate Tom Rust confer on the House floor.

Delegate May, and house page Kimberly Williams from Loudoun County, speaking to a constituent group.