City Council

City of Chesapeake 2008
Legislative Package

LEGISLATIVE INITIATIVES

City of Chesapeake - 2008 Legislative Package

TAX RELIEF FOR THE ELDERLY AND DISABLED

The State currently allows localities to provide for the exemption from, deferral of, or a combination program of exemptions from and deferrals of, taxation of real estate and manufactured homes owned by, and occupied as the sole dwelling of anyone at least sixty-five years of age or anyone found to be permanently and totally disabled. Such ordinances may provide for the exemption from or deferral of that portion of the tax which represents the increase in tax liability since the year such taxpayer reached the age of sixty-five or became disabled, or the year such ordinance became effective, whichever is later.

In light of rising property tax assessments over the past several years, and the greater burden such assessments place on the oldest of property owners, the City requests that the General Assembly consider amendments to its enabling legislation concerning tax relief for elderly and disabled persons.  The City proposes an amendment to the State Code that would increase the maximum income limit for Chesapeake’s program from $62,000 to $67,000.

Request:

The City requests that an amendment to State Code Section 58.1-3211(3) of the Code of Virginia be amended to increase the maximum income limit for the Tax Relief for the Elderly and Disabled program from $62,000 to $67,000.

RECREATION/COMMUNITY CENTERS AND LIBRARIES - ADDED TO THOSE PLACES WHERE PERSONS CONVICTED OF CERTAIN OFFENCES MAY BE PROHIBITED

Under current provisions of Virginia law, any adult committing or attempting to commit certain crimes against children after July 1, 2000, is, as part of his criminal sentence, forever prohibited from loitering within 100 feet of the premises of any place he knows or has reason to know is a primary, secondary or high school.  In addition, any adult committing or attempting to commit certain crimes against children after July 1, 2006, is, as part of his sentence, forever prohibited from loitering within 100 feet of any place he knows or has reason to know is a child day care program.

These provisions could be expanded to include other facilities where children are known to frequent, including public recreation areas, community centers and parks.  Pursuant to constitutional protections against the retroactive application of criminal laws, the amendment can only apply to crimes committed on or after the effective date of the statute.  Additionally, there is risk of constitutional challenge, particularly under the Fifth Amendment (Due Process Clause) and the First Amendment (freedom of association and freedom of expression) given the breadth of the physical limitations imposed, including facilities that are not accessible primarily or exclusively to children.  Notwithstanding these risks, the City Council finds that the protection of children from exposure to, or association with, convicted sexual predators is an essential and compelling governmental purpose that must be addressed with vigor and expedience.

The following proposed amendment to Section 18.2-370.2 of the Code of Virginia would forever prohibit entering on or loitering within 100 feet of any public recreational area, community center or park for adults convicted of numerous crimes involving minors, including abduction and kidnapping, prostitution, sodomy, incest, rape, carnal knowledge, aggravated sexual battery, indecent liberties, and pornography.  These crimes are currently listed in the statute as “offenses prohibiting proximity to children.”  An exception is included for parents picking up or dropping off their children at public recreation areas, community centers and parks.

§ 18.2-370.2.  Sex offenses prohibiting proximity to children; penalty

1. "Offense prohibiting proximity to children" means a violation or an attempt to commit a violation of (i) subsection A of § 18.2-47, clause (ii) or (iii) of § 18.2-48, subsection B of § 18.2-361, or subsection B of § 18.2-366, where the victim of one of the foregoing offenses was a minor, or (ii) subsection A (iii) of § 18.2-61, §§ 18.2-63, 18.2-64.1, subdivision A 1 of § 18.2-67.1, subdivision A 1 of § 18.2-67.2, or subdivision A 1 or A 4 (a) of § 18.2-67.3, or §§ 18.2-370, 18.2-370.1, clause (ii) of § 18.2-371, §§ 18.2-374.1, 18.2-374.1:1 or § 18.2-379. As of July 1, 2006, "offense prohibiting proximity to children" shall include a violation of § 18.2-472.1, when the offense requiring registration was one of the foregoing offenses.

2. Every adult who is convicted of an offense prohibiting proximity to children when the offense occurred on or after July 1, 2000, shall as part of his sentence be forever prohibited from entering on or loitering within 100 feet of the premises of any place he knows or has reason to know is a primary, secondary or high school. In addition, every adult who is convicted of an offense prohibiting proximity to children when the offense occurred on or after July 1, 2006, shall as part of his sentence be forever prohibited from entering on or loitering within 100 feet of the premises of any place he knows or has reason to know is a child day program as defined in § 63.2-100.  Further, every adult who is convicted of an offense prohibiting proximity to children when the offense occurred on or after July 1, 2008, shall as part of his sentence be forever prohibited from entering on or loitering within the 100 feet of the premises of any place he knows or has reason to know is a public recreational area, community center or park. This prohibition shall have no application to any parent who nears or enters a public recreation area, community center or park for the sole purpose of dropping off or picking up his child or children.

A violation of this section is punishable as a Class 6 felony.

Request:

The City requests that an amendment to the State Code Section 18.2-370.2 of the Code of Virginia would forever prohibit entering on or loitering within 100 feet of any public recreational area, community center or park for adults convicted of numerous crimes involving minors, including abduction and kidnapping, prostitution, sodomy, incest, rape, carnal knowledge, aggravated sexual battery, indecent liberties, and pornography. 

TO AMEND APPROPRIATE STATE LAWS TO PROVIDE UNIFORM AUTHORITY FOR LIMITING LOCAL GOVERNMENT SERVICES TO ILLEGAL IMMIGRANTS

In light of the increasing influx of illegal immigrants in Virginia, many localities have been forced to consider the cost of providing local government services to illegal immigrant residents.  These services include education, law enforcement, jails and detention centers, access to courts, fire protection, emergency medical services, indigent medical services, mental health and substance abuse services, housing programs, adult and child protective services, family services, homeless shelters, solid waste collection, animal control, maintenance of public infrastructure and public transportation. 
         
Several localities have attempted to limit the availability of public services to illegal immigrants to the extent that federal and state laws permit.  Under federal law, for example, illegal immigrants cannot be denied access to public schools.  In addition, the Federal Personal Responsibility and Work Opportunity Act authorizes the United States Attorney General to designate certain government-funded services for which illegal immigrants will remain eligible.  These services are those deemed by the Attorney General as necessary for the protection of life or safety, many of which are provided at the local level, including law enforcement, judicial, penal, fire and rescue services.   
         
Other governmental services are derived from state funding or provided by state offices and officials, most notably, adult and child protective services, mental health and substance abuse programs, health departments, agricultural extension services, and the Constitutional Offices of the Sheriff, Clerk of the Court, Commissioner of the Revenue, City Treasurer, and Commonwealth Attorney.  While some of these programs and officials are tasked with protecting the public health and safety, the availability of other services to illegal immigrants is not clear under today’s laws.

Moreover, there are numerous local services that localities provide which in some jurisdictions are limited and in others are not. Localities also struggle with lack of express authority to deny illegal immigrants licenses and approvals such as business licenses and building permits.  Legal interpretations regarding the extent of local authority in these matters vary among jurisdictions. Uncertain opinions and conflicting actions create confusion in the law and invoke weighty constitutional concerns such as federal pre-emption, equal protection, due process, freedom of speech and freedom of association.  Localities adopting ordinances to regulate services to illegal immigrants face the threat of protracted and expensive litigation.
         
The City of Chesapeake strives to ensure full compliance with Federal immigration laws in matters of crime prevention and enforcement and in this regard, is fully cooperative with the United States Department of Immigration and Customs Enforcement (ICE).  The City desires to do all within its power and authority to continue to address the criminal, social and revenue problems created by illegal immigration.  To this end, the City requests that the General Assembly conclude its commissioned studies of illegal immigrants and take affirmative steps to enact laws and regulations that will provide localities with clear and uniform authority for the limitation of state and local government services and the denial of licenses and privileges intended for persons lawfully domiciled in the locality, while at the same time, observing the supremacy of the Federal Constitution, the United States Code and all federal laws and regulations; protecting the life and safety of all persons and preserving the civil rights of all citizens and aliens.

Request:

It is requested that the General Assembly conclude its commissioned studies of illegal immigrants and take affirmative steps to enact laws and regulations that will provide localities with clear and uniform authority for the limitation of state and local government services and the denial of licenses and privileges intended for persons lawfully domiciled in the locality.

BRIDGE FUNDING

The tragic bridge collapse in Minneapolis has highlighted safety concerns with our nation’s bridges.  There are several major branches of the Elizabeth River within the City of Chesapeake including the Atlantic Intracoastal Waterway (AIW).  As such, bridges, especially moveable spans with their ancillary high cost of construction, operation and maintenance, represent a significant fiscal burden. 

There are 90 bridges in the City of Chesapeake, five of which are drawbridges.  In 2005, there were twelve bridges considered in the “poor to very poor” category.  This number grew to seventeen in 2006, with three bridges having single digit sufficiency ratings.  Much of the traffic using these bridges is defense related, including numerous commuters to the Norfolk Naval Base, the Norfolk Naval Shipyard, Naval Security Activity–Northwest and St. Julian’s Creek Naval Annex.  Given the lack of capacity on the Interstate system, many motorists routinely divert onto our local roadway network and across our bridges.

The negative impact of traffic congestion is felt greatest when time is truly of the essence.  For both emergency response and hurricane evacuation efforts, congestion delays can be a matter of life or death. A Katrina-level hurricane would be devastating.  The inability to assist our residents due to congestion in such a scenario would be untenable. Presently there are twelve bridges in the City that, due to weight restrictions, pose problems for emergency response times as public safety vehicles are forced to take circuitous routes to return to service.  

Without question, transportation represents by far the most critical element in the delivery of services, economic expansion and the very high quality of life enjoyed in Chesapeake, the region and the Commonwealth. Additional bridge funding is essential to ensure the integrity of our transportation system.

Request:

It is requested that the General Assembly provide additional funds for bridge construction, operations, and maintenance to offset this costly burden. 

CLASSIFICATION OF ENERGY-EFFICIENT BUILDINGS FOR TAX PURPOSES

The 2007 General Assembly adopted legislation that permits localities to tax certain energy-efficient buildings, not including the land on which they are located, at a lower tax rate than that imposed on the general class of real property by creating a separate classification for taxation purposes. An energy-efficient building is any building that exceeds the energy efficiency standards prescribed in the Virginia Uniform Statewide Building Code by 30 percent.  The current legislation establishes that energy-efficient building certification is to be determined by any qualified licensed engineer or contractor who is not related to the taxpayer and who shall certify to the taxpayer that he has qualifications to provide the certification.

Local governments may be reluctant to take advantage of this tax incentive program as it is extremely broad.  Providing for more detailed requirements for certification would ensure that this tax program would promote energy efficient buildings.

Request:

The City requests that Section 58.1-3221.2 be amended to provide that:  For the purpose to this section, an energy-efficient building is any building that is built to the standards of LEED (Leadership in Energy and Environmental Design); commercial and residential, Energy Star, and/or Earthcraft certified.  Energy efficient certification shall be determined by these organizations or by a local government designated engineer.

GANG PREVENTION

The City is experiencing an increasing prescence of gang activity.  The Chesapeake Police Department estimates in 2006 that there are 26 identified gangs in Chesapeake, with an estimated 2,000 members. This number represents a significant increase from 15 identified gangs with 1,300 estimated members in 2005. In recent years, there has been an observed increase in the presence of all-female and Hispanic gangs, with four of each now identified.  The Police Department’s Intelligence Unit has identified numerous major gangs and their affiliates operating throughout all five precincts within the City.  In response to the identification of major gang activity, in May 2006 the Mayor  and City Council appointed the Mayor's Task Force for the Prevention of Gangs.  The Task Force is comprised of community leaders representing  major stakeholder organizations in law enforcement, education, faith comminuty, and business community.  On October 23, 2006 the Task Force held a Gang Prevention Summit providing various perspectives on the issue from the State and local levels including youths.  

Request:

The City is requesting funds for community based programs to provide prevention and intervention programs. Preventive programs would consist of positive alternatives for middle school and high school youth.  Intervention programs would provide options for active gang members wishing to change their gang lifestyle. 

FUNDING FOR SPECIAL PROJECTS

The City requests that consideration be given to providing funding to the following projects:

Chesapeake Arboretum

The Chesapeake Arboretum's primary objective is to further community awareness of trees, plants and shrubs of our environment, to encourage conservation of historic, champion, rare and endangered species of trees and plant life, and to promote planting and care of such plant life. Another objective is to provide interesting gardens, quiet areas, educational arenas, passive and active nodes of interest along the one mile stream which flows through the arboretum site and promote involvement of all persons interested in sharing these objectives including individual citizens, civic organizations, businesses, corporate entities, students, scout groups, and many others.

The Chesapeake Arboretum is intended to be used as an educational tool; a "hands-on-classroom" on the 47 acres of land in the natural setting of a variety of tree species (approximately 60% of the site is tree covered.) It emphasizes the advantage of urban forestry. Tree identification, tree maintenance and preservation seminars will be the priority activities for the Arboretum schedule of events. The site consists of many 150 to 200 year old trees with 50% of the trees ranging from 75 to 100 years old. Species include Oak, Pine, Maple, Beech, Dogwood, Poplar, Pawpaw and Gum.

The Arboretum was carved from an eighteenth century farm that was granted in 1730 to the Williamson family by King George.  The Arboretum is within a historic district and included on the property is the Caleb-Williamson House, a National Historic Register eligible facility. This original farmhouse is in need of interior and exterior historic rehabilitation/restoration.

The Arboretum also hopes to establish a five-acre Tree Nursery Site.  Currently, the City of Chesapeake does not have a tree nursery to replace/expand tree stock in parks, roadsides, and at public buildings.  The need for such a nursery was demonstrated in the aftermath of Hurricane Isabel.

Great Bridge Battlefield and Waterways Park and Visitor Center

The complete defeat of the British in the Virginia Colony at the Battle of Great Bridge on December 9, 1775, seven months before the Declaration of Independence, was at the time called the Second Battle of Bunker's Hill. It marked the end of the rule of the British crown in Virginia. The American Victory at Great Bridge: enabled the patriots to advance to Norfolk, forcing Dunmore to evacuate; prevented Dunmore from occupying the resource rich counties of northeast North Carolina; enabled the establishment of a patriot supply line from North Carolina to the Chesapeake Bay; and lifted the spirits of the patriots and demoralized those of the loyalists. Virginia played an important role in the revolutionary era.  The political role is emphasized in Williamsburg and the end of the Revolutionary War in Yorktown.  The State should consider placing greater emphasis on one of the first and most important battles of the American Revolution, the Battle of Great Bridge.

The Great Bridge Battlefield and Waterways History Foundation is working with the City to reclaim and preserve a major portion of the original site of the Battle of Great Bridge. The Foundation has adopted a plan for the establishment of a park and visitor center in order to preserve, promote and present to the nation the historic, educational and economic significance of the Battle of Great Bridge, the Albemarle and Chesapeake Canal, and the Dismal Swamp Canal.

Great Dismal Swamp Wildlife Refuge:  Chesapeake Visitor’s Center

During the 2000 Session of the General Assembly, Appropriation Act language was approved which directed the Virginia Tourism Corporation (VTC) to conduct a planning study of the tourism potential of the Great Dismal Swamp National Wildlife Refuge (GDSWNWR).  In its report to the General Assembly, “Opportunities for Regional Tourism Development—Report on the Great Dismal Swamp National Wildlife Refuge”, the VTC concluded that “The GDSWNWR can serve as a focal point for a viable tourism campaign in this region.”  In addition, on July 18, 2000 City Council adopted a resolution requesting Congress fund the 1979 Public Use Development Plan.  As a result of the Congressional appropriation for this request, the Refuge is currently updating its Comprehensive Conservation Plan.
The 111,200 acre Great Dismal Swamp Wildlife Refuge was created by Congress in 1974. It is located in Chesapeake and Suffolk, Virginia as well as Gates, Pasquotank and Camden Counties, North Carolina.  The Refuge currently averages 80,000 visitors annually.  In that the Refuge represents the northernmost extreme of the range for some species and the southernmost range for others, the diversity of wildlife is remarkable. 

In Chesapeake, the Refuge is bordered on the east by the 22 mile Atlantic Intracoastal Waterway Dismal Swamp Canal built in 1828 and connecting the Chesapeake Bay with the Albemarle Sound. The Canal and Refuge were recently designated by the National Park Service as sites for the National Underground Railroad.  The Refuge has a previously acquired 10-acre site for its Chesapeake Visitor’s Center which is located south of Ballahack Road.    The Visitor’s Center site is located between the former RT 17 (new trail site) and the new RT 17, a four-lane limited access highway. The Visitor’s Center will be a key component in providing pedestrian access to the Refuge.

With the relocation of RT 17, this corridor has become a major gateway for the transport of goods and services, while also providing significant environmental preservation and eco-tourism opportunities in both states.  The historical, ecological and recreational potential of this corridor is truly unlimited.   Numerous environmental groups such as the Nature Conservancy and the Virginia Department of Game and Inland Fisheries are acquiring environmentally significant parcels for conservation.  The City requests funding for the continued acquisition of property to expand on environmental preservation and eco-tourism opportunities in this corridor.

Request:

The City requests that consideration be given to providing funding to the following projects: Chesapeake Arboretum; the Great Bridge Battlefield and Waterways Park and Visitor Center; the Great Dismal Swamp Wildlife Refuge: Chesapeake Visitor’s Center.

BAN ON SMOKING IN CHESAPEAKE RESTAURANTS AND BARS

LEGISLATIVE PROPOSAL TO AMEND THE VIRGINIA INDOOR CLEAN AIR ACT PROHIBIT SMOKING IN RESTAURANTS, BARS AND LOUNGE AREAS IN ANY CITY HAVING A POPULATION OF 200,000 OR MORE.

Currently, the Virginia Indoor Clean Air Act (Virginia Code Section 15.2-2800 et seq.) requires restaurants with a seating capacity of 50 or more patrons to designate a non-smoking section in which smoking is not permitted.  Localities are not authorized to adopt ordinances that prohibit smoking in restaurants and are expressly prohibited from regulating smoking in a “bar or lounge area”.  The term “bar or lounge area” is defined in Section 15.2-2800 of the Act as “an establishment or portion of an establishment where one can consume alcoholic beverages and hors d’eouvres, but excluding any such establishment or portion of the establishment having tables or seating facilities where, in consideration of payment, meals are served.”

During the 2007 Session of the General Assembly, several bills were introduced to prohibit smoking in restaurants, bars and lounge areas on a statewide basis.  None of these bills were enacted.  The Virginia Beach City Council recently adopted a resolution supporting a legislative initiative in 2008 to ban smoking in Virginia Beach restaurants, bars and lounge areas.  The legislation could be made applicable to Chesapeake, as well as to other localities in the region seeking the same type of smoking ban.

If Chesapeake chooses to develop a separate legislative initiative from Virginia Beach, the amendment could in its simplest form provide as follows:

TITLE 15.2. COUNTIES, CITIES AND TOWNS
CHAPTER 28. VIRGINIA INDOOR CLEAN AIR ACT

Section 15.2-2807.  Chapter's application to certain ordinances

1. Unless otherwise provided herein, Oordinances adopted after January 1, 1990, shall not contain provisions or standards which exceed those established in this chapter. However, any ordinance may provide that employers may regulate smoking in the private work place as they deem appropriate under the following circumstances: (i) if the designation of smoking and no-smoking areas is the subject of a written agreement between the employer and his employees, the provisions of the written agreement shall control such designation and (ii) a total ban on smoking in any work place shall only be enforced by the employer upon an affirmative vote of a majority of the affected employees voting, unless such ban is the subject of a contract of employment between the employer and the employees as a prior condition of employment. No such ordinance shall affect no-smoking policies established by employers prior to the adoption of such ordinance.

2. Notwithstanding anything to the contrary in this chapter, smoking shall not be permitted in any restaurant, bar, or lounge area in the City of Chesapeake, excluding outdoor areas in which food or drinks are served.

STUDY CONCERNING STATE CONTRACTOR'S LICENSES AND CERTIFICATION OF LAWFUL WORKERS

LEGISLATIVE PROPOSAL TO STUDY AMENDING TITLE 54.1 OF THE CODE OF VIRGINIA TO REQUIRE THAT THE VIRGINIA DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION REQUIRE APPLICANTS FOR STATE CONTRACTOR’S LICENSES TO CERTIFY COMPLIANCE WITH STATE AND FEDERAL LAWS PROHIBITING THE EMPLOYMENT OF UNDOCUMENTED WORKERS AND REQUIRING THE USE OF A FEDERALLY OPERATED OR APPROVED EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

Title 54.1. Professions and Occupations.
Chapter 11. Contractors.

Section 54.1-1100.  Definitions

As used in this chapter, unless the context requires a different meaning:

"Board" means the Board for Contractors.

"Class A contractors" perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is $ 120,000 or more, or (ii) the total value of all such construction, removal, repair, or improvements undertaken by such person within any 12-month period is $ 750,000 or more.

"Class B contractors" perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is $ 7,500 or more, but less than $ 120,000, or (ii) the total value of all such construction, removal, repair or improvements undertaken by such person within any 12-month period is $ 150,000 or more, but less than $ 750,000.

"Class C contractors" perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is over $ 1,000 but less than $ 7,500, or (ii) the total value of all such construction, removal, repair, or improvements undertaken by such person within any 12-month period is less than $ 150,000. The Board shall require a master tradesmen license as a condition of licensure for electrical, plumbing and heating, ventilation and air conditioning contractors.

"Contractor" means any person, that for a fixed price, commission, fee, or percentage undertakes to bid upon, or accepts, or offers to accept, orders or contracts for performing, managing, or superintending in whole or in part, the construction, removal, repair or improvement of any building or structure permanently annexed to real property owned, controlled, or leased by him or another person or any other improvements to such real property.

"Department" means the Department of Professional and Occupational Regulation.

"Designated employee" means the contractor's full-time employee, or a member of the contractor's responsible management, who is at least 18 years of age and who has successfully completed the oral or written examination required by the Board on behalf of the contractor.

"Director" means the Director of the Department of Professional and Occupational Regulation.

"Owner-developer" means any person who, for a third party purchaser, orders or supervises the construction, removal, repair, or improvement of any building or structure permanently annexed to real property owned, controlled, or leased by the owner-developer, or any other improvement to such property and who contracts with a person licensed in accordance with this chapter for the work undertaken.

"Person" means any individual, firm, corporation, association, partnership, joint venture, or other legal entity.

“Undocumented worker” means an alien employee who is not authorized to work in the United States.

"Value" means fair market value. When improvements are performed or supervised by a contractor, the contract price shall be prima facie evidence of value.

Section 54.1-1106.  Application for Class A license; fees; examination; issuance

1. Any person desiring to be licensed as a Class A contractor shall file with the Department a written application on a form prescribed by the Board. The application shall be accompanied by a fee set by the Board pursuant to § 54.1-201. The application shall contain the name, place of employment, and business address of the proposed designated employee, and information on the knowledge, skills, abilities, and financial position of the applicant. The application shall also include certification that i) the contractor has not knowingly employed an undocumented worker or otherwise violated the Federal Immigration and Reform Act or Section 40.1-11.1 of the Code of Virginia, and ii) the contractor has verified, and will continue to verify, the lawful employment status of all employees by means of a work-authorization program issued by the U.S. Bureau of Citizenship and Immigration Services or any equivalent federal work-authorization program operated or approved by the U.S. Department of Homeland Security. No application shall be accepted or license issued without such certification.

2. The Board shall determine whether the past performance record of the applicant, including his reputation for paying material bills and carrying out other contractual obligations, satisfies the purposes and intent of this chapter. The Board shall also determine whether the applicant has complied with the laws of the Commonwealth pertaining to the domestication of foreign corporations, federal and state laws regulating the employment of aliens, and all other laws affecting those engaged in the practice of contracting as set forth in this chapter. If the Board determines that sufficient questions or ambiguities exist in an individual applicant's presentation of his financial information, the Board may require the applicant to provide a balance sheet reviewed by a certified public accountant licensed in accordance with § 54.1-4409.1. In addition, if the applicant is a sole proprietor, he shall furnish to the Board his name and address. If the applicant is a member of a partnership, he shall furnish to the Board the names and addresses of all of the general partners of the partnership. If the applicant is a member of an association, he shall furnish to the Board the names and addresses of all of the members of the association. If the applicant is a corporation, it shall furnish to the Board the names and addresses of all officers of the corporation. If the applicant is a joint venture, it shall furnish to the Board the names and addresses of (i) each member of the joint venture and (ii) any sole proprietor, general partner of any partnership, member of any association, or officer of any corporation who is a member of the joint venture. The applicant shall thereafter keep the Board advised of any changes in the above information.

3. If the application is satisfactory to the Board, the proposed designated employee shall be required by Board regulations to take an oral or written examination to determine his general knowledge of contracting, including the statutory and regulatory requirements governing contractors in the Commonwealth. If the proposed designated employee successfully completes the examination and the applicant meets or exceeds the other entry criteria established by Board regulations, a Class A contractor license shall be issued to the applicant. The license shall permit the applicant to engage in contracting only so long as the designated employee is in the full-time employment of the contractor or is a member of the contractor's responsible management. No examination shall be required where the licensed Class A contractor changes his form of business entity provided he is in good standing with the Board. In the event the designated employee leaves the full-time employ of the licensed contractor or is no longer a member of the contractor's responsible management, no additional examination shall be required of such designated employee, except in accordance with § 54.1-1110.1, and the contractor shall within 90 days of that departure provide to the Board the name of the new designated employee.

4. The Board may grant a Class A license in any of the following classifications: (i) building contractor, (ii) highway/heavy contractor, (iii) electrical contractor, (iv) plumbing contractor, (v) heating, ventilation, and air conditioning contractor, and (vi) specialty contractor.

Section 54.1-1108.  Application for Class B license; fees; examination; issuance

1. Any person desiring to be licensed as a Class B contractor shall file with the Department a written application on a form prescribed by the Board. The application shall be accompanied by a fee set by the Board pursuant to § 54.1-201. The application shall contain the name, place of employment, and business address of the proposed designated employee; information on the knowledge, skills, abilities, and financial position of the applicant; and evidence of holding a current local license pursuant to local ordinances adopted pursuant to § 54.1-1117. The application shall also include certification that i) the contractor has not knowingly employed an undocumented worker or otherwise violated the Federal Immigration and Reform Act or Section 40.1-11.1 of the Code of Virginia, and ii) the contractor has verified, and will continue to verify, the lawful employment status of all employees by means of a work-authorization program issued by the U.S. Bureau of Citizenship and Immigration Services or any equivalent federal work-authorization program operated or approved by the U.S. Department of Homeland Security. No application shall be accepted or license issued without such certification.

2. The Board shall determine whether the past performance record of the applicant, including his reputation for paying material bills and carrying out other contractual obligations, satisfies the purpose and intent of this chapter. The Board shall also determine whether the applicant has complied with the laws of the Commonwealth pertaining to the domestication of foreign corporations, federal and state laws regulating the employment of aliens, and all other laws affecting those engaged in the practice of contracting as set forth in this chapter. In addition, if the applicant is a sole proprietor, he shall furnish to the Board his name and address. If the applicant is a member of a partnership, he shall furnish to the Board the names and addresses of all of the general partners of that partnership. If the applicant is a member of an association, he shall furnish to the Board the names and addresses of all of the members of the association. If the applicant is a corporation, it shall furnish to the Board the name and address of all officers of the corporation. If the applicant is a joint venture, it shall furnish to the Board the names and addresses of (i) each member of the joint venture and (ii) any sole proprietor, general partner of any partnership, member of any association, or officer of any corporation who is a member of the joint venture. The applicant shall thereafter keep the Board advised of any changes in the above information.

3. If the application is satisfactory to the Board, the proposed designated employee shall be required by Board regulations to take an oral or written examination to determine his general knowledge of contracting, including the statutory and regulatory requirements governing contractors in the Commonwealth. If the proposed designated employee successfully completes the examination and the applicant meets or exceeds the other entry criteria established by Board regulations, a Class B contractor license shall be issued to the applicant. The license shall permit the applicant to engage in contracting only so long as the designated employee is in the full-time employment of the contractor and only in the counties, cities, and towns where such person has complied with all local licensing requirements and for the type of work to be performed. No examination shall be required where the licensed Class B contractor changes his form of business entity provided he is in good standing with the Board. In the event the designated employee leaves the full-time employ of the licensed contractor, no additional examination shall be required of such designated employee, except in accordance with § 54.1-1110.1, and the contractor shall within 90 days of that departure provide to the Board the name of the new designated employee.

4. The Board may grant a Class B license in any of the following classifications: (i) building contractor, (ii) highway/heavy contractor, (iii) electrical contractor, (iv) plumbing contractor, (v) HVAC contractor, and (vi) specialty contractor.

Section 54.1-1108.2.  Application for Class C license; fees; issuance

1. Any person desiring to be licensed as a Class C contractor shall file with the Department a written application on a form prescribed by the Board. The application shall be accompanied by a fee set by the Board pursuant to § 54.1-201. The application shall contain information concerning the name, location, nature, and operation of the business, and information demonstrating that the applicant possesses the character and minimum skills to properly engage in the occupation of contracting.  The application shall also include certification that i) the contractor has not knowingly employed an undocumented worker or otherwise violated the Federal Immigration and Reform Act or Section 40.1-11.1 of the Code of Virginia, and ii) the contractor has verified, and will continue to verify, the lawful employment status of all employees by means of a work-authorization program issued by the U.S. Bureau of Citizenship and Immigration Services or any equivalent federal work-authorization program operated or approved by the U.S. Department of Homeland Security. No application shall be accepted or license issued without such certification.

2. The Board may grant a Class C license in any of the following classifications: (i) building contractor, (ii) highway/heavy contractor, (iii) electrical contractor, (iv) plumbing contractor, (v) heating, ventilation, and air conditioning contractor, and (vi) specialty contractor.

Section 54.1-1110.  Grounds for denial or revocation of license or certificate

The Board shall have the power to require remedial education, suspend, revoke, or deny renewal of the license or certificate of any contractor who is found to be in violation of the statutes or regulations governing the practice of licensed or certified contractors in the Commonwealth or who is found to have knowingly hired one or more undocumented workers in violation of the Federal Immigration and Reform Act or in violation of Section 40.1-11.1 of the Code of Virginia. 

The Board may suspend, revoke, or deny renewal of an existing license or certificate, or refuse to issue a license or certificate, to any contractor who is shown to have a substantial identity of interest with a contractor whose license or certificate has been revoked or not renewed by the Board. A substantial identity of interest includes but is not limited to (i) a controlling financial interest by the individual or corporate principals of the contractor whose license or certificate has been revoked or nonrenewed, (ii) substantially identical principals or officers, or (iii) the same designated employee as the contractor whose license or certificate has been revoked or not renewed by the Board.

Additionally, the Board may suspend, revoke or deny renewal of an existing license or certificate, or refuse to issue a license or certificate to any contractor who violates the provisions of Chapter 5 (§ 60.2-500 et seq.) of Title 60.2 and Chapter 8 (§ 65.2-800 et seq.) of Title 65.2.

Any person whose license is suspended or revoked by the Board shall not be eligible for a license or certificate under any circumstances or under any name, except as provided by regulations of the Board pursuant to §54.1-1102.

REQUIRE ALL IDENTIFICATION CARDS AND LICENSES ISSUED BY A STATE OR LOCAL GOVERNMENT AGENCY BE PRODUCED IN A MANNER DESIGNED TO PREVENT DUPLICATION, ALTERATION AND COUNTERFEIT

LEGISLATIVE PROPOSAL TO ADD SECTION 2.2-3808.3 AND AMEND SECTION 46.2-342 OF THE CODE OF VIRGINIA TO REQUIRE THAT ALL IDENTIFICATION CARDS AND LICENSES ISSUED BY A STATE OR LOCAL GOVERNMENT AGENCY BE PRODUCED IN A MANNER DESIGNED TO PREVENT DUPLICATION, ALTERATION AND COUNTERFEIT.

The duplication, alteration and counterfeiting of government-issued identification cards and licenses is a tool of deception used increasingly in identity theft.  The practice is often used to facilitate criminal activities, such as providing illegal aliens with false documentation of residency.  In light of today’s technologies, the duplication, alteration and counterfeit of identification cards and licenses issued by the state and local governments can be significantly reduced. 

The following statutory amendments require that the Division of Motor Vehicles, in particular, and all government agencies subject to the Government Data Collection and Dissemination Practices Act, in general, design and make identification cards and licenses in a manner that will prevent duplication, alteration and counterfeit.  The amendment will apply to identification cards and licenses issued on or after July 1,2007

Title 2.2. ADMINISTRATION OF GOVERNMENT
CHAPTER 38. GOVERNMENT DATA COLLECTION AND DISSEMINATION PRACTICES ACT

Section 2.2-3808.3. Agency-issued identification cards.

Every identification card or license issued by an agency after July 1, 2008, that displays personal information of an individual shall be made of a material and in a form designed to prevent duplication, alteration and counterfeit.

CHAPTER 46.2. MOTOR VEHICLES.
SUBTITLE II. TITLING, REGISTRATION AND LICENSURE.
CHAPTER 3. LICENSURE OF DRIVERS

Section 46.2-342.  What license to contain; organ donor information; Uniform Donor Document

1. Every license issued under this chapter shall bear:

   1. For licenses issued or renewed on or after July 1, 2003, a license number which shall be assigned by the Department to the licensee and shall not be the same as the licensee's social security number;

   2. A color photograph of the licensee;

   3. The licensee's full name, year, month, and date of birth;

   4. The licensee's address, subject to the provisions of subsection A1 of this section;

   5. A brief description of the licensee for the purpose of identification;

   6. A space for the signature of the licensee; and

   7. Any other information deemed necessary by the Commissioner for the administration of this title.

   No abbreviated names or nicknames shall be shown on any license.

A1. At the option of the licensee, the address shown on the license may be either the post office box, business, or residence address of the licensee, provided such address is located in Virginia. However, regardless of which address is shown on the license, the licensee shall supply the Department with his residence address, which shall be an address in Virginia. This residence address shall be maintained in the Department's records. Whenever the licensee's address shown either on his license or in the Department's records changes, he shall notify the Department of such change as required by § 46.2-324.

2. The license shall be made of a material and in a form to be determined by the Commissioner. All licenses issued on or after July 1, 2008, shall be designed and made of a material and in a form designed to prevent duplication, alteration and counterfeit.

3. Licenses issued to persons less than 21 years old shall be immediately and readily distinguishable from those issued to persons 21 years old or older. Distinguishing characteristics shall include unique design elements of the document and descriptors within the photograph area to identify persons who are at least 15 years old but less than 21 years old. These descriptors shall include the month, day, and year when the person will become 21 years old.

4. The Department shall establish a method by which an applicant for a driver's license or an identification card may designate his willingness to be an organ donor as provided in Article 2 (§ 32.1-289.2 et seq.) of Chapter 8 of Title 32.1 and shall cooperate with the Virginia Transplant Council to ensure that such method is designed to encourage organ donation with a minimum of effort on the part of the donor and the Department.

5. If an applicant designates his willingness to be a donor pursuant to subsection D, the Department may make a notation of this designation on his license or card and shall make a notation of this designation in his driver record.

6. The donor designation authorized in subsection E shall be sufficient legal authority for the removal, following death, of the subject's organs or tissues without additional authority from the donor, or his family or estate. No family member, guardian, agent named pursuant to an advance directive or person responsible for the decedent's estate shall refuse to honor the donor designation or, in any way, seek to avoid honoring the donor designation.

7. The donor designation provided pursuant to subsection D may be rescinded by notifying the Department.

8. With the written consent of his parent or legal guardian, a minor may make a donor designation.

9. When requested by the applicant, and upon presentation of a signed statement by a licensed physician confirming the applicant's condition, the Department shall indicate on the applicant's driver's license that the applicant is (i) an insulin-dependent diabetic, or (ii) hearing or speech impaired.

10. In the absence of gross negligence or willful misconduct, the Department and its employees shall be immune from any civil or criminal liability in connection with the making of or failure to make a notation of donor designation on any license or card or in any person's driver record.

11. Notwithstanding the foregoing provisions of this section, the Department shall continue to use the uniform donor document, as formerly set forth in subsection D above, for organ donation designation until such time as a new method is fully implemented, which shall be no later than July 1, 1994. Any such uniform donor document shall, when properly executed, remain valid and shall continue to be subject to all conditions for execution, delivery, amendment, and revocation as set out in Article 2 (§ 32.1-289.2 et seq.) of Chapter 8 of Title 32.1.

12. The Department shall, in coordination with the Virginia Transplant Council, prepare an organ donor information brochure describing the organ donor program and providing instructions for completion of the uniform donor document information describing the bone marrow donation program and instructions for registration in the National Bone Marrow Registry. The Department shall include a copy of such brochure with every driver's license renewal notice or application mailed to licensed drivers in Virginia.

OBTAIN AN EXEMPTION FROM THE MORATORIUM AGAINST COMMITMENT OF STATE FUNDS FOR THE COST OF ELARGING CHESAPEAKE JAIL FACILITIES

LEGISLATIVE PROPOSAL TO OBTAIN RELEASE FROM MORATORIUM AGAINST COMMITMENT OF STATE FUNDS FOR THE COST OF ENLARGING CHESAPEAKE JAIL FACILITIES

The 2007 State Budget contains an explicit moratorium prohibiting the Virginia Board of Corrections from approving or committing additional funds for the state share of the cost of construction, enlargement, or renovation of a local or regional jail facility.  The moratorium is in effect until June 30, 2008.  Several exemptions are provided for emergency projects; projects mandated pursuant to the Civil Rights of Institutionalized Persons Act and required by the United States Department of Justice; previously approved projects; and projects within specified localities or regions.

In order to proceed with planning for the expansion of the Chesapeake Jail, the City of Chesapeake will need a release from the state moratorium.  

The request for the release will not require a needs assessment.  Once the request is approved as part of Chesapeake’s legislative package, the bill may be drafted in simple terms for action by the 2008 Session of the General Assembly.

AMEND LOCAL AUTHORITY CONCERNING REQUIRED TREE CANOPY FOR NEW DEVELOPMENT

LEGISLATIVE PROPOSAL REGARDING TREE CANOPY

A regional Ecosystem Analysis of the Chesapeake Bay Watershed, sponsored by USDA, and American Forests, recommends developing urban canopy goals to a 40% canopy overall.  The City’s current Landscape Ordinance limits Chesapeake’s requirement to 20%. These limitations can be only be exceeded by encouraging conservation, reforestation, planting on public property, and by encouraging private plantings.

The City is proposing allowing localities to require up to a 30% canopy within 15 years. It is understood, that each locality will have its own specific requirements.  The current 20 year provision to accomplish tree canopy percentages was adopted approximately 20 years ago, and since that time there has been a significant increase in environmental awareness, global warming, and responsible conservation planning. Changing the state code to provide local governments the flexibility to require increased tree canopy to address environmental concerns makes good environmental sense.

Request:

The City requests the General Assembly amend Virginia Code Section 15.2-961 to provide local governments with the authority to require a 30% tree canopy in 15 years.