General Assembly Update

2/23/2010

FREE RIDE TO RICHMOND

1/25/2010

If anyone is interested in attending the DAY ON THE HILL activities this year and wants a ride to RICHMOND for the day, please contact Suzy Stone at gad@faarmembers.com.

We will be leaving in a 15 passenger van on Wednesday, February 17th from FAAR at approximately 7:00 am and returning at approximately 8:00pm.

We will spend the morning meeting with our local Legislators up at the Capitol.

There is an RPAC lunch at the conference headquarters (Omni Hotel) that you can attend for $20.00.

The final event for the evening is a FREE reception at The Jefferson Hotel where all of the legislators are invited. Food and open bar are provided from VAR RPAC funds at no additional charge to members.

Please go to the VAR website for more information about the Legislative Conference. If you are just coming down for Day On the Hill activities, you do not have to register for the conference.

SO, for a bargain price of $20 (for lunch), you can have a fun day in Richmond, get to eat great food at The Jefferson and have a free ride.

Seating is limited so email today if you are interested!

2010 Virginia REALTORS Legislative Agenda

1/25/2010

Welcome to the 2010 General Assembly Legislative Update Corner. We will try to keep you abreast of activity on all things Real Estate, REALTOR, and Land Use related throughout the session.

We started the process at VAR on friday of evaluating hundreds of Bills that could potentially have an impact on our profession. We decide whether to support, oppose or monitor them. Our State Lobbyists and local Government Affairs Directors (GADS) spend many hours talking with legislators, amending legislation, and relating our positions.

As part of our Legislative Agenda, we have gotten sponsors for 10 different Bills.

Click Here to download the 2010 Legislative Agenda.

Stay up-to-date on the bills VAR is actively tracking: 

Click here for the list of bills along with the positions that were recommended by the Bill Review Committee.

Our positions on legislation are as follows:

VAR Bill (Part of VAR's 2010 Legislative Agenda)

Support (VAR will aggressively support)

Oppose (VAR will aggressively oppose)

Support with Amendment (VAR Will be able to support if the bill is amended satisfactorily)

Support No Action (VAR will track but only offer support if needed or requested)

Oppose No Action (VAR will track but only offer opposition if needed or requested)

Monitor (VAR will monitor and take appropriate action as necessary)

Would you like to see the text of a particular bill?

Go to the General Assembly Web site. There is a box in the bottom left-hand corner in which you can enter the bill number (e.g., hb40 [House Bill 40], sj121 [Senate Joint Resolution 121]). Once the page loads, click on the "full text" hyperlink to read the bill. Additionally, from there, you may click on the "pdf" in the upper right-hand corner for a numbered version of that bill.

As we move through the session, I will monitor and give updates on our progress.

YES to VRE in Spotsylvania

3/31/2009

FAAR has taken the lead in an effort, in conjunction with the Committee of 500 and a couple of the current Spotsylvania County Supervisors, to encourage the Supervisors to vote to join the VRE system.

You can access the site for all the information and links to contact your supervisors (if you live in Spotsylvania County) at:

www.vreyes.com

PLease share this website with your clients and friends who live in Spotsylvania and ask them to contact their supervisors about supporting a pro VRE vote.

Big Banks in Real Estate

3/13/2009

FAAR/FABA Legislative Breakfast

3/11/2009

With approximately 90 members of our Association and FABA in attendance, we enjoyed a Breakfast at the Country Club and heard from Congressman Rob Wittman's Chief of Staff, Mary Springer, who gave us an update on what's happening at the Federal level. She mentioned the onmibus $410 billion dollar budget bill passed yesterday that will fund the Cabinet agencies. Unfortunately, it was filled with thousands of pet "pork" projects...something we all hoped would disappear, or at least begin to diasppear! She said Congressman Wittman will be working very hard to continue to try and find solutions to the Economic crises we are all in.

We also heard from 4 of our state Legislators. Our House Speaker, Bill Howell highlighted how the Economy was the big topic of the General Assembly Session this year. He commented that they were able to accelerate approx. $240 million dollars of Bond Money for new Capitol projects. In January 2010, $580 million dollars will be freed up for Transportation funds. Both of these items were highlighted as ways the State is trying to help stimulate the economy.

Speaker Howell also commented on how the Federal Stimulus money was able to help the state balance the budget, providing needed money for medicaid, education and some flex spending.

Senator Houck also highlighted the Stimulus money and how it helped the state keep thousands of k-12 teachers in the classroom. Without that $360,000 million dollars of federal money, many teachers would have lost their jobs. He did comment however, that in the first time in his 26 years in office there was a cut to k-12 funding. Additionally, $120 million was added in for higher education, $3 million to UMW here locally and about $30 million into the Community College system.  

Mr Houck was also VERY appreciative of our support over the years. He sincerely thanked the Realtors and the Builders for our PAC contributions.

Senator Richard Stuart spoke about 2 Bills he sponsored that he felt were important for our industry. SB978 deals with "Dealers", having to pay all their capital gains in the first year of the sale of a property, which hurt those of us in the industry who would want to owner finance their properties and spread out their gain. Under old law, the capital gain had to be paid in the tax year of the sale, thus making owner financing a burden. He also said Rob Wittman has agreed to carry the same Legislation on the Federal level.

His other Bill is SB1335, which will allow builders to go back to localities and renegotiate or amend proffers without reopening a zoning case or holding another public hearing.

For more detailed information regarding these two bills, or any other legislation from this years General Assembly, click here to go directly to the General Assembly website where you can research any bill.

Delegate Mark Cole was the final speaker. He spoke about the key to turning our economy around, he believes, is the private sector. He also commented that if the Federal Government would run the country the way Virginia runs its State, we would not have the problems we are having today...specifically, he said, we balance our budget EVERY year, we are required to put money away every year and lastly, we only use debt for capital projects.

If you missed this years Breakfast, be sure to look for it next year. If you are interested in becoming more involved, please consider joining our Legislative/Government Affairs Committee. We meet the third Tuesday of every month at 10:00 am at the FAAR building.

General Assembly Wrap Up

3/10/2009

The 2009 General Assembly finished up on time. Governor Kaine signed his smoking ban bill into Law yesterday...it goes into effect in December 2009.

The budget was worked out in conference, helped in a big way by the Federal Stimulus Funding.

In addition to the legislation we supported on the Hill this year, we were also able to successfully help kill more than 20 bills that were BAD for Realtors and Homeowners, we helped secure funding for several housing initiatives, and we successfully helped to kill constitutional resolutions limiting the legitimate use of eminent domain.

How did our Realtor Legislation fare....

2009 REALTOR® Legislative Agenda

Bill 1031
Commercial real estate referrals (Hanger)

This legislation will allow Virginia real estate agents to pay commissions to other states’ licensees
who bring buyers or tenants into Virginia for commercial transactions. The goal is to encourage and
facilitate cross-border transactions in the commercial field. Passed overwhelmingly in the Senate, crossed over to the House, where it passed 99-0.

House Bill 2541

Mandatory background checks for real estate license applicants (Amundson)

Several years ago, VAR studied the issue of requiring mandatory background checks for real estate
license applicants. We concluded that the process for conducting background checks — including a
criminal record check — wasn’t efficient enough at that time.

Since then, however, we have determined that the Virginia Real Estate Board can comply with
required background checks efficiently by using an electronic interface with the Comprehensive
Criminal Record Exchange.

VAR’s bill will require that the VREB have an electronic interface with CCRE.

After much debate and conversation with the State Police and DPOR, a different approach is being worked out...stay tuned! A compromised bill went through both houses 40-0 and 98-0. Full text is coming soon. Basically, new licensees will have a background check and renewing licensees will have to recertify on their renewal application that they still have not been convicted of a felony. VAR will continue to explore ways to do background checks for everyone!

Senate Bill 1157 / House Bill 2135

Recordation tax / grantor tax assessments – stated consideration
(Saslaw / Jackson Miller)

In the 2008 General Assembly session, VAR introduced legislation requiring that the calculation of
grantor taxes owed at closing be determined using the “stated consideration of the property” — the
sale price — instead of the assessed value. Due to the unanticipated fiscal implications on local
governments, the bill was carried over for the year.

VAR will introduce legislation in 2009 that requires the application of the grantor tax to be based on
the sales price of the property. This legislation would also include a provision that any person who
intentionally misstated the sales price in the calculation of the stated consideration would be guilty of
a misdemeanor criminal offense.

Because of the budget implications, the Senate version of this Bill was referred to the Department of Taxation for Study between this Session and the 2010 Session. The house version passed 98-1 and 40-0. That bill increased the penalty for anyone who intentionally misstates the sales price in the calculation of the stated consideration. They will now be charges with a Class 1 misdemeanor.

House Bill 1680

Vested Rights (Orrock)

The City of Norfolk has interpreted the vested rights law that was passed last year (as part of VAR’s
2008 Legislative Agenda) so as to exempt fire damage from the vested rights provisions.
After several meetings with city officials over the summer and fall, it has become apparent to VAR
staff that we should introduce a bill in the 2009 General Assembly session specifically including fire
damage in the vested rights statutes. Passed out of the House 97-1 and moved over to the Senate, where it is expected to pass easily. Passed out of the Senate 40-0

House Bill 1785
Virginia Property Owners’ Association Act amendments (Hull)
In 2008, VAR spearheaded major reforms of the POA Act. The Department of Professional and
Occupational Regulation and the Virginia Housing Commission are working together to ensure that
the state and the represented constituencies conform their various regulations and begin to adhere to
the new statutory provisions. Needless to say, there will be technical and policy amendments made in
the coming years, but those will be channeled through the Virginia Housing Commission.

The only issue that VAR seeks to amend in 2009 deals specifically with properties that are sold at
auction. Such properties would be exempt from the provisions regarding POA disclosure packets.

Passed out of the House unanimously, as is expected in the Senate. Passed out of the Senate 40-0

Senate Bill 997 / House Bill 1724

Secondary signature (John Miller / Rust)

State law allows a local government to include in its local towing ordinance a requirement for a
secondary signature prior to any towing, which may require the property manager be available
whenever the towing company is planning to work — e.g., at 2 a.m. — to authorize a tow.

VAR’s legislation will tighten secondary signature requirements, and we will work with the Virginia
Municipal League and the Virginia Association of Counties to address other towing-related issues.

This Bill has been amended to require the secondary signature from the property manager during weekday business hours only. After business hours, the second signature would come from a local government entity (typically a policeman). Passed out of the House 99-0. Passed out of the Senate 36-2

Senate Bill 1276 / House Bill 1788

Alternative Septic Systems (Martin / Hull)

Several local associations contacted VAR over the past year regarding localities actions by local
governments to ban alternative septic systems. Both VAR and the Office of the Attorney General
advised localities that while the Code of Virginia allows local governments to regulate alternative
septic systems, the Code does not give them authority to ban outright these systems.

VAR’s bill will clarify that local governments do not have the authority to ban alternative septic
systems unless expressly authorized by the General Assembly.

Passed out of the Senate 37-0. Passed out of the House 79-19. Two of our local legislators voted against this bill. More detail information will be posted soon. The important point to note is we were able to STOP Loundon County from being able to do an OUTRIGHT ban, which surely would have led others to follow suit as a means to control/slow/kill growth.

House Bill 2040

Compensation of Attorneys for Real Estate Referrals (Laquinto)

Services rendered by attorneys in the performance of their duties are exempted from the provisions
of the Code defining and regulating real estate salespersons and their activities.

VAR will introduce a bill to clarify within this exemption that an attorney is not entitled to claim or
receive compensation merely for referring clients to real estate firms, unless that attorney is also
licensed by the Virginia Real Estate Board as a real estate broker or salesperson.

Passed strongly out of the House and awaits passage in the Senate. Passed out of the Senate 40-0.

General Assembly Session Update

2/24/2009

As we approach the last few days of the regular session, most of our Bills have worked their way through the House and the Senate. See below for the latest... Three Bills are still awaiting their FINAL vote.  The regular session is scheduled to end on February 28th.

Keep checking in this space for new updates.

2009 REALTOR® Legislative Agenda

Bill 1031
Commercial real estate referrals (Hanger)

This legislation will allow Virginia real estate agents to pay commissions to other states’ licensees
who bring buyers or tenants into Virginia for commercial transactions. The goal is to encourage and
facilitate cross-border transactions in the commercial field. Passed overwhelmingly in the Senate, crossed over to the House. Passed the House today 99-0

House Bill 2541

Mandatory background checks for real estate license applicants (Amundson)

Several years ago, VAR studied the issue of requiring mandatory background checks for real estate
license applicants. We concluded that the process for conducting background checks — including a
criminal record check — wasn’t efficient enough at that time.

Since then, however, we have determined that the Virginia Real Estate Board can comply with
required background checks efficiently by using an electronic interface with the Comprehensive
Criminal Record Exchange.

VAR’s bill will require that the VREB have an electronic interface with CCRE.

After much debate and conversation with the State Police and DPOR, a different approach is being worked out...stay tuned! Passed the Senate Courts Committee yesterday, expected to pass in the full Senate later this week. I'll distribute the final verbage after passage.

Senate Bill 1157 / House Bill 2135

Recordation tax / grantor tax assessments – stated consideration
(Saslaw / Jackson Miller)

In the 2008 General Assembly session, VAR introduced legislation requiring that the calculation of
grantor taxes owed at closing be determined using the “stated consideration of the property” — the
sale price — instead of the assessed value. Due to the unanticipated fiscal implications on local
governments, the bill was carried over for the year.

VAR will introduce legislation in 2009 that requires the application of the grantor tax to be based on
the sales price of the property. This legislation would also include a provision that any person who
intentionally misstated the sales price in the calculation of the stated consideration would be guilty of
a misdemeanor criminal offense.

Because of the budget implications, this Bill was referred to the Department of Taxation for Study between this Session and the 2010 Session.

House Bill 1680

Vested Rights (Orrock)

The City of Norfolk has interpreted the vested rights law that was passed last year (as part of VAR’s
2008 Legislative Agenda) so as to exempt fire damage from the vested rights provisions.
After several meetings with city officials over the summer and fall, it has become apparent to VAR
staff that we should introduce a bill in the 2009 General Assembly session specifically including fire
damage in the vested rights statutes. Passed out of the House 97-1 and moved over to the Senate, where it is expected to pass easily. Passed the Senate easily...awaiting Governor's signature.

House Bill 1785
Virginia Property Owners’ Association Act amendments (Hull)
In 2008, VAR spearheaded major reforms of the POA Act. The Department of Professional and
Occupational Regulation and the Virginia Housing Commission are working together to ensure that
the state and the represented constituencies conform their various regulations and begin to adhere to
the new statutory provisions. Needless to say, there will be technical and policy amendments made in
the coming years, but those will be channeled through the Virginia Housing Commission.

The only issue that VAR seeks to amend in 2009 deals specifically with properties that are sold at
auction. Such properties would be exempt from the provisions regarding POA disclosure packets.

Passed out of the House unanimously, as is expected in the Senate. Passed the Senate, also awaiting the Governor's signature.

Senate Bill 997 / House Bill 1724

Secondary signature (John Miller / Rust)

State law allows a local government to include in its local towing ordinance a requirement for a
secondary signature prior to any towing, which may require the property manager be available
whenever the towing company is planning to work — e.g., at 2 a.m. — to authorize a tow.

VAR’s legislation will tighten secondary signature requirements, and we will work with the Virginia
Municipal League and the Virginia Association of Counties to address other towing-related issues.

This Bill has been amended to require the secondary signature from the property manager during weekday business hours only. After business hours, the second signature would come from a local government entity (typically a policeman). Expected to pass both the House and Senate before the end of the week.

Senate Bill 1276 / House Bill 1788

Alternative Septic Systems (Martin / Hull)

Several local associations contacted VAR over the past year regarding localities actions by local
governments to ban alternative septic systems. Both VAR and the Office of the Attorney General
advised localities that while the Code of Virginia allows local governments to regulate alternative
septic systems, the Code does not give them authority to ban outright these systems.

VAR’s bill will clarify that local governments do not have the authority to ban alternative septic
systems unless expressly authorized by the General Assembly.

At press time, this Bill is still being negiotiated...stay tuned! After much negiotiation and amendments, this bill is expected to pass both the House and the Senate tomorrow. I will publish the revised bill after it has passed.

House Bill 2040

Compensation of Attorneys for Real Estate Referrals (Laquinto)

Services rendered by attorneys in the performance of their duties are exempted from the provisions
of the Code defining and regulating real estate salespersons and their activities.

VAR will introduce a bill to clarify within this exemption that an attorney is not entitled to claim or
receive compensation merely for referring clients to real estate firms, unless that attorney is also
licensed by the Virginia Real Estate Board as a real estate broker or salesperson.

Passed strongly out of the House and awaits passage in the Senate. Passed in the Senate and awiting the Governor's signature.

First Time Homebuyer Tax Credit

2/22/2009

Tomorrow begins the last week of the General Assembly Session and the Obama Administration has signed off on the Stimulus plan. Click here for a good synopsis from NAR on the specifics of the First time homebuyer tax credit...a true credit this time.

Check back at the end of the week for an update on how all of VAR's bills fared in the House and the Senate this week. The regular session ends on February 28th.

It looks like a busy week for the conferees working out the differences in the budgets from both houses! Will they stay longer this year...or come back in April? Stay Tuned.......

Highlights from Richmond

2/12/2009

Greetings from the 2009 VAR Legislative and Education Conference. I am among the approximately 600 Realtors that convened on the Hill yesterday. Below I have inserted an update on all of the Bills VAR has introduced in the 2009 Session. Most of our Bills sailed throught their originating House (or Senate) and have now "crossed over". A couple Bills are still being worked on before a final vote in the next two weeks. The regular session is scheduled to end on February 27th.

Keep checking in this space for new updates.

2009 REALTOR® Legislative Agenda

Bill 1031
Commercial real estate referrals (Hanger)

This legislation will allow Virginia real estate agents to pay commissions to other states’ licensees
who bring buyers or tenants into Virginia for commercial transactions. The goal is to encourage and
facilitate cross-border transactions in the commercial field. Passed overwhelmingly in the Senate, crossed over to the House.

House Bill 2541

Mandatory background checks for real estate license applicants (Amundson)

Several years ago, VAR studied the issue of requiring mandatory background checks for real estate
license applicants. We concluded that the process for conducting background checks — including a
criminal record check — wasn’t efficient enough at that time.

Since then, however, we have determined that the Virginia Real Estate Board can comply with
required background checks efficiently by using an electronic interface with the Comprehensive
Criminal Record Exchange.

VAR’s bill will require that the VREB have an electronic interface with CCRE.

After much debate and conversation with the State Police and DPOR, a different approach is being worked out...stay tuned!

Senate Bill 1157 / House Bill 2135

Recordation tax / grantor tax assessments – stated consideration
(Saslaw / Jackson Miller)

In the 2008 General Assembly session, VAR introduced legislation requiring that the calculation of
grantor taxes owed at closing be determined using the “stated consideration of the property” — the
sale price — instead of the assessed value. Due to the unanticipated fiscal implications on local
governments, the bill was carried over for the year.

VAR will introduce legislation in 2009 that requires the application of the grantor tax to be based on
the sales price of the property. This legislation would also include a provision that any person who
intentionally misstated the sales price in the calculation of the stated consideration would be guilty of
a misdemeanor criminal offense.

Because of the budget implications, this Bill was referred to the Department of Taxation for Study between this Session and the 2010 Session.

House Bill 1680

Vested Rights (Orrock)

The City of Norfolk has interpreted the vested rights law that was passed last year (as part of VAR’s
2008 Legislative Agenda) so as to exempt fire damage from the vested rights provisions.
After several meetings with city officials over the summer and fall, it has become apparent to VAR
staff that we should introduce a bill in the 2009 General Assembly session specifically including fire
damage in the vested rights statutes. Passed out of the House 97-1 and moved over to the Senate, where it is expected to pass easily.

House Bill 1785
Virginia Property Owners’ Association Act amendments (Hull)
In 2008, VAR spearheaded major reforms of the POA Act. The Department of Professional and
Occupational Regulation and the Virginia Housing Commission are working together to ensure that
the state and the represented constituencies conform their various regulations and begin to adhere to
the new statutory provisions. Needless to say, there will be technical and policy amendments made in
the coming years, but those will be channeled through the Virginia Housing Commission.

The only issue that VAR seeks to amend in 2009 deals specifically with properties that are sold at
auction. Such properties would be exempt from the provisions regarding POA disclosure packets.

Passed out of the House unanimously, as is expected in the Senate.

Senate Bill 997 / House Bill 1724

Secondary signature (John Miller / Rust)

State law allows a local government to include in its local towing ordinance a requirement for a
secondary signature prior to any towing, which may require the property manager be available
whenever the towing company is planning to work — e.g., at 2 a.m. — to authorize a tow.

VAR’s legislation will tighten secondary signature requirements, and we will work with the Virginia
Municipal League and the Virginia Association of Counties to address other towing-related issues.

This Bill has been amended to require the secondary signature from the property manager during weekday business hours only. After business hours, the second signature would come from a local government entity (typically a policeman).

Senate Bill 1276 / House Bill 1788

Alternative Septic Systems (Martin / Hull)

Several local associations contacted VAR over the past year regarding localities actions by local
governments to ban alternative septic systems. Both VAR and the Office of the Attorney General
advised localities that while the Code of Virginia allows local governments to regulate alternative
septic systems, the Code does not give them authority to ban outright these systems.

VAR’s bill will clarify that local governments do not have the authority to ban alternative septic
systems unless expressly authorized by the General Assembly.

At press time, this Bill is still being negiotiated...stay tuned!

House Bill 2040

Compensation of Attorneys for Real Estate Referrals (Laquinto)

Services rendered by attorneys in the performance of their duties are exempted from the provisions
of the Code defining and regulating real estate salespersons and their activities.

VAR will introduce a bill to clarify within this exemption that an attorney is not entitled to claim or
receive compensation merely for referring clients to real estate firms, unless that attorney is also
licensed by the Virginia Real Estate Board as a real estate broker or salesperson.

Passed strongly out of the House and awaits passage in the Senate.

Virginia General Assembly 2009 Session

1/30/2009

Today marks the end of the second full week of the 2009 General Assembly Session in Richmond. The deadline for Bill submission has passed and there were over 2,200 Bills and Resolutions submitted. This is a reduction from last years session because of the new House rule to limit each of the 100 Delegates to 15 Bills apiece. The 40 members of the Senate did not have any limitations.

The Bills that VAR has introduced are all moving along in the House and the Senate. Check back next week for a full update on where we stand before crossover.

February 10th marks "Crossover Day", which is the last day bills can be considered in the side of Legislature they originated from. The real work begins when the House and the Senate must now begin the task of consolidating, eliminating, negiotiating and amending the Bills that came over.

If you have an interest in tracking Legislation or a particluar Legislator, go to: http://www.richmondsunlight.com/

Another good sight is called Legislative Information Systems, go to:http://leg1.state.va.us/lis.htm

We head to Richmond on February 11th, the day after crossover, to Lobby our local delegation. PLease consider joining us. See the preceeding Insider for registration information.

Major RPAC Donors in 2008

1/29/2009

Every year, VAR gives special recognition to those Realtors who have given at least $1,000 to RPAC. Is your name on the list?

Go here to view those members who have seen the value in RPAC and stepped up to the plate with a large Investment in RPAC for the future of their business. Email gad@faarmembers.com if you would like more information about investing in RPAC.

2009 VAR Legislative Conference

1/29/2009

On February 11th, REALTORS® from all over the Commonwealth will be visiting Richmond to talk with legislators about our 2009 Legislative Agenda.  FAAR has already scheduled meetings with all of our Delegates and Senators from our area, and we are excited to speak with them one on one. 

Have you signed up to go?

The Day on the Hill not only offers you a birds eye view of the General Assembly, but it helps legislators know that you, as a business person, have an interest in what goes on in Richmond. Believe it or not, it is important for those elected to hear from their constituents; they rely on your vote every two and six years! 

So, please join other FAAR members as we head to Richmond in a couple weeks to have one on one time with our elected leaders.  Your time and knowledge would be an asset to all!!!

CLICK HERE To register for The VAR's Legislative Conference , or contact FAAR Government Affairs Director, Suzy Stone @ Gad@Faarmembers.com.

2009 VAR Legislative Agenda

1/29/2009

Senate Bill 1031

Commercial real estate referrals (Hanger):

This legislation will allow Virginia real estate agents to pay commissions to other states’ licensees who bring buyers or tenants into Virginia for commercial transactions. The goal is to encourage and facilitate cross-border transactions in the commercial field.

House Bill 2541

Mandatory background checks for real estate license applicants (Amundson):

Several years ago, VAR studied the issue of requiring mandatory background checks for real estate license applicants. We concluded that the process for conducting background checks — including a criminal record check — wasn’t efficient enough at that time.

Since then, however, we have determined that the Virginia Real Estate Board can comply with required background checks efficiently by using an electronic interface with the Comprehensive Criminal Record Exchange.

VAR’s bill will require that the VREB have an electronic interface with CCRE.

Senate Bill 1157 / House Bill 2135

Recordation tax / grantor tax assessments – stated consideration (Saslaw / Jackson Miller):

In the 2008 General Assembly session, VAR introduced legislation requiring that the calculation of grantor taxes owed at closing be determined using the “stated consideration of the property” — the sale price — instead of the assessed value. Due to the unanticipated fiscal implications on local governments, the bill was carried over for the year.

VAR will introduce legislation in 2009 that requires the application of the grantor tax to be based on the sales price of the property. This legislation would also include a provision that any person who intentionally misstated the sales price in the calculation of the stated consideration would be guilty of a misdemeanor criminal offense.

House Bill 1680

Vested Rights (Orrock): 

The City of Norfolk has interpreted the vested rights law that was passed last year (as part of VAR’s 2008 Legislative Agenda) so as to exempt fire damage from the vested rights provisions.  After several meetings with city officials over the summer and fall, it has become apparent to VAR staff that we should introduce a bill in the 2009 General Assembly session specifically including fire damage in the vested rights statutes.

House Bill 1785

Virginia Property Owners’ Association Act amendments (Hull):

In 2008, VAR spearheaded major reforms of the POA Act. The Department of Professional and Occupational Regulation and the Virginia Housing Commission are working together to ensure that the state and the represented constituencies conform their various regulations and begin to adhere to the new statutory provisions. Needless to say, there will be technical and policy amendments made in the coming years, but those will be channeled through the Virginia Housing Commission.

The only issue that VAR seeks to amend in 2009 deals specifically with properties that are sold at auction. Such properties would be exempt from the provisions regarding POA disclosure packets.

Senate Bill 997 / House Bill 1724

Secondary signature (John Miller / Rust):

State law allows a local government to include in its local towing ordinance a requirement for a secondary signature prior to any towing, which may require the property manager be available whenever the towing company is planning to work — e.g., at 2 a.m. — to authorize a tow.

VAR’s legislation will tighten secondary signature requirements, and we will work with the Virginia Municipal League and the Virginia Association of Counties to address other towing-related issues.

Senate Bill 1276 / House Bill 1788

Alternative Septic Systems (Martin / Hull):

Several local associations contacted VAR over the past year regarding localities actions by local governments to ban alternative septic systems.  Both VAR and the Office of the Attorney General advised localities that while the Code of Virginia allows local governments to regulate alternative septic systems, the Code does not give them authority to ban outright these systems.  VAR’s bill will clarify that local governments do not have the authority to ban alternative septic systems unless expressly authorized by the General Assembly.

House Bill 2040

Compensation of Attorneys for Real Estate Referrals (Iaquinto):

Services rendered by attorneys in the performance of their duties are exempted from the provisions of the Code defining and regulating real estate salespersons and their activities.  VAR will introduce a bill to clarify within this exemption that an attorney is not entitled to claim or receive compensation merely for referring clients to real estate firms, unless that attorney is also licensed by the Virginia Real Estate Board as a real estate broker or salesperson.

PLEASE CONTACT VAR Legislative Consultant Martin K. Johnson (martin@FutureLaw.net) or VAR Legislative Counsel Chip Dicks (chipdicks@futurelaw.net) with any questions.