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Virginia Inoperable Vehicles Bill


Peter Gariepy

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URGENT LEGISLATIVE ALERT (Act Now!!!)

Opposition Forces Try to Derail Pro-Hobbyist

Virginia Inoperable Vehicles Bill

Groups and legislators opposed to S.B. 204 are mounting a fight on the floor of the Virginia Senate to kill the bill. As you are aware, S.B. 204 is legislation that would stop local areas from implementing ordinances that prevent automobile collectors from maintaining inoperable vehicles on private property, provided they are shielded or screened from public view. The Senate's Local Governments Committee passed the bill this week.

Time is Running Out! Call All Virginia State Senators (List Attached) Now in Support of This Bill. Don't Wait.

Call Members of the Virginia Senate (E-Mail is too slow!) Ask them to SUPPORT S.B. 204. A list of the Virginia Senate and their phone numbers is attached to this message. Don't wait until Monday. Call on Saturday or Sunday, if necessary, and leave a message. If you have any questions, please contact me at:

Steve McDonald

SEMA Washington, D.C. Office

202/783-6007, ext. 31

stevem@sema.org <mailto:stevem@sema.org>

Member Name Capitol Phone

Bell, J. Brandon, II (804) 698-7522

Blevins, Harry B. (804) 698-7514

Bolling, William (804) 698-7504

Chichester, John H. (804) 698-7528

Colgan, Charles J. (804) 698-7529

Cuccinelli, Kenneth T., II (804) 698-7537

Deeds, R. Creigh (804) 698-7525

Devolites, Jeannemarie (804) 698-7534

Edwards, John S. (804) 698-7521

Hanger, Emmett W., Jr. (804) 698-7524

Hawkins, Charles R. (804) 698-7519

Houck, R. Edward (804) 698-7517

Howell, Janet D. (804) 698-7532

Lambert, Benjamin J. (804) 698-7509

Locke, Mamie E. (804) 698-7502

Lucas, L. Louise (804) 698-7518

Marsh, Henry L., III (804) 698-7516

Martin, Stephen H. (804) 698-7511

Miller, Yvonne B. (804) 698-7505

Mims, William C. (804) 698-7533

Newman, Stephen D. (804) 698-7523

Norment, Thomas K. (804) 698-7503

O'Brien, Jay (804) 698-7539

Obenshain, Mark D. (804) 698-7526

Potts, H. Russell, Jr. (804) 698-7527

Puckett, Phillip P. (804) 698-7538

Puller, Linda T. (804) 698-7536

Quayle, Frederick M. (804) 698-7513

Rerras, D. Nick (804) 698-7506

Reynolds, Wm. Roscoe (804) 698-7520

Ruff, Frank M., Jr. (804) 698-7515

Saslaw, Richard L. (804) 698-7535

Stolle, Kenneth W. (804) 698-7508

Stosch, Walter A. (804) 698-7512

Ticer, Patricia S. (804) 698-7530

Wagner, Frank W. (804) 698-7507

Wampler, William C. (804) 698-7540

Watkins, John C. (804) 698-7510

Whipple, Mary Margaret (804) 698-7531

Williams, Martin E. (804) 698-7501

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Peter, since Howard's on the high seas, may I say this. All of this type of legislation is brought about because all of us car repair/restoration nuts do our work, for the most part, in the back yard in plain view of the neighborhood. Some of us probably even use the front yard at times. I'm famous for these. My own wife threatens to leave me regularly, if I don't clean up my mess. If we would only cover our projects up during the day when we're not working on them, maybe we wouldn't have as much trouble from the legislators. I don't condone this type of government intervention, just voicing an observation. Wayne

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AS you can see from the e-mail below, this issue is not over yet. Wayne

"SB 204 was allowed its second reading earlier today after spirited floor discusson by Sen. Quayle. It will be read a third time tomorrow , after which it will be debated and voted upon. Your calls and Emails have made a difference! If you have not made your calls yet please do so, as the vote is yet to come."

Tom Cox

<span style="font-weight: bold">Latest Update!!!</span>

Despite news from Sen. Quayle earlier this afternoon on the successful

2nd

reading of SB204. Opposition forces mounted an unexpected campaign to

have it

passed by again. It is unclear why this happened despite assurances to

the

contrary, but we have to keep the calls coming. Those oposed to SB204

are gambling

we will lose our resolve . I hope that is not the case. Good luck to

everyone!

Tom

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  • 1 month later...

EDITORS NOTE: I'VE TAKEN THE LIBERTY OF POSTING TOM's ENTIRE EMAIL TO THE AACA LEGISLATIVE COMMITTEE. THANKS TOM!

------------

Hello Everyone,

Despite appearances, SB204 is not dead. Pursuant to todays vote, SB204 will now proceed to a conference Comittee with Senate conferees appointed by Senator Quayle and House conferees appointed by Delegate Ingram. The conferees will then agree on a mutually accepted version of the bill and it will be voted upon by both chambers.

After several phone conversations with all involved ,except the Pope, I have been assured that the final version will be a compromise that allows us at least two unregistered Hobby vehicles stored outside and out of ordinary Public view. There will be NO time limitations and there will be NO language speaking to the visibility of the vehicles from buildings on adjacent property.

This compromise has been agreed to by the Virgnia Municipal League, who have agred to assume a non hostile position on the bill. Apparently the pressure brought to bear was indicative of our resolve, and they came back to the table after giving us the finger in the first few rounds. This will also hopefully prevent the Governor, who is a Democrat from Northern Virginia, from either ammending or vetoing the bill. I have no doubt that if we attempted no compromise, the Municipal League and our opposition Senators Ticer, Whipple, and Puller (also Northern Va Democrats) would lobby the governor to kill the bill. The current version will give us 90% of what we wanted. However, I caution everyone not to open the Dom Perignon yet. Anything can and does happen.

If the goals of our bill are not achieved, I politely intimated to the Senator that next session would see hobbyists, automotive related business people, and the car community present in numbers rarely seen at the Assembly.

Stay Tuned.

The Following below is what I sent to Senator Quayle prior to the vote today.

Take Care,

Tom

------------------

Dear Senator Quayle,

Thank you for expressing your concerns regarding SB204, and for working on compromise legislation. As I understand from our conversation, the final version will read as I have it below, with the sections underllined and set off by asterisks removed. I leave it in your capable hands to have this bill, as you said, "on the Governors desk by the weekend".

All of this compromise on our part is of course contingent upon Mr. Flynn and the opponents allowing the passage of the bill without time restrictions and without the restriction speaking to vehicles being visible from buildings on adjacent property. I trust you take them at their word. Being a layperson I am not well versed in knowing who to trust. All I can say though, is that if this legislation doesn't achieve the goals set forth due to a breach of the compromise agreement on the part of Bills opponents, the automotive hobbyists, related businesses, and the car community in general will be quite unhappy, and are likely to descend upon the next session in numbers rarely seen.

All of that having been said, we truly appreciate your efforts to work on behalf of the motorsports community in Virginia through the passage of SB204. It is a position I know you will be proud of for years to come. Please see the Bill below.

Sincerely,

Tom Cox

Southwest Virginia Car Council

043141800

SENATE BILL NO. 204 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Local Government) (Patron Prior to Substitute--Senator Quayle) Senate Amendments in [ ] -- February 12, 2004

A BILL to amend and reenact §§ 15.2-904 and 15.2-905 of the Code of Virginia, relating to inoperable motor vehicles.

Be it enacted by the General Assembly of Virginia:

1. That §§ 15.2-904 and 15.2-905 of the Code of Virginia are amended and reenacted as follows:

§ 15.2-904. Authority to restrict keeping of inoperable motor vehicles, etc., on residential or commercial property; removal of such vehicles; penalty. A. Any locality may, by ordinance, provide that it shall be unlawful for any person to keep, except within a fully enclosed building or structure or otherwise shielded or screened from view, on any property zoned for residential or commercial or agricultural purposes any motor vehicle, trailer or semitrailer, as such are defined in § 46.2-100, which is inoperable. Any locality in addition may, by ordinance, limit the number of inoperable motor vehicles which any person may keep outside of a fully enclosed building or structure, but which are shielded or screened from view by covers. As used in this section, an " inoperable motor vehicle" means any motor vehicle which is not in operating condition; or which for a period of 60 days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle or on which there are displayed neither valid license plates nor a valid inspection decal. However, the provisions of this section shall not apply to a licensed business which on June 26, 1970, is regularly engaged in business as an automobile dealer, salvage dealer or scrap processor.

B. Any locality may, by ordinance, further provide that: (i) the owners of property zoned for residential, commercial or agricultural purposes shall, at such time or times as the locality prescribes, remove therefrom any such inoperable motor vehicles, trailers or semitrailers that are not kept within a fully enclosed building or structure [ or otherwise shielded or screened from view ] ; (ii) such locality through its own agents or employees may remove any such inoperable motor vehicles, trailers or semitrailers, whenever the owner of the premises, after reasonable notice, has failed to do so; (iii) in the event such locality, through its own agents or employees, removes any such motor vehicles, trailers or semitrailers, after having given such reasonable notice, such locality may dispose of such motor vehicles, trailers or semitrailers after giving additional notice to the owner of the vehicle; (iv) the cost of any such removal and disposal shall be chargeable to the owner of the vehicle or premises and may be collected by the locality as taxes are collected; and (v) every cost authorized by this section with which the owner of the premises has been assessed shall constitute a lien against the property from which the vehicle was removed, the lien to continue until actual payment of such costs has been made to the locality. [ Notwithstanding the other provisions of this subsection, if the owner of such vehicle can demonstrate that he is actively restoring or repairing the vehicle, and if it is shielded or screened from view, the vehicle and one additional inoperative motor vehicle being used for the restoration or repair may remain on the property (******for a period of 6 months, or such longer period set out in the ordinance****). ]

C. The governing body of any locality may by ordinance provide that violations of this section shall be subject to a civil penalty, not to exceed $50 for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall not exceed $200. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $3,000 in a 12-month period. D. Except as provided in this subsection, adoption of an ordinance pursuant to subsection C shall be in lieu of criminal penalties and shall preclude prosecution of such violation as a misdemeanor. The governing body of any locality may, however, by ordinance provide that such violations shall be a Class 3 misdemeanor in the event three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period. Classifying such subsequent violations as criminal offenses shall preclude the imposition of civil penalties for the same violation.

E. As used in this section, notwithstanding any other provision of law, general or special, "shielded or screened from view" means not visible by someone standing at ground level from outside of the property on which the subject vehicle is located [ (*******and is not visible by someone in or on a building located on adjoining property ****)] .

§ 15.2-905. Authority to restrict keeping of inoperable motor vehicles, etc., on residential or commercial property in certain localities; removal of such vehicles.

A. The governing body of any county having adopted the urban county executive form of government; any county contiguous thereto; the county manager form; any town located, wholly or partly, in such counties; any city contiguous to a county having adopted the urban county executive form of government or surrounded by a county contiguous thereto; any city having a population between 35,000 and 40,000, any city having a population between 60,000 and 70,000 and any city having a population between 95,000 and 105,000 may by ordinance prohibit any person from keeping, except within a fully enclosed building or structure or otherwise shielded or screened from view, on any property zoned or used for residential purposes, or on any property zoned for commercial or agricultural purposes, any motor vehicle, trailer or semitrailer, as such are defined in § 46.2-100, which is inoperable.

The locality in addition may by ordinance limit the number of inoperable motor vehicles which any person may keep outside of a fully enclosed building or structure.

As used in this section, notwithstanding any other provision of law, general or special, "shielded or screened from view" means hidden from sight by plantings or fences not visible by someone standing at ground level from outside of the property on which the subject vehicle is located [( ******and is not visible by someone in or on a building located on adjoining property ****)] . As used in this section, an "inoperable motor vehicle" means any motor vehicle, trailer or semitrailer which is not in operating condition; or does not display valid license plates; or does not display an inspection decal that is valid or does display an inspection decal that has been expired for more than sixty days. The provisions of this section shall not apply to a licensed business which is regularly engaged in business as an automobile dealer, salvage dealer or scrap processor.

B. The locality may, by ordinance, further provide that the owners of property zoned or used for residential purposes, or zoned for commercial or agricultural purposes, shall, at such time or times as the governing body may prescribe, remove therefrom any inoperable motor vehicle that is not kept within a fully enclosed building or structure [ or otherwise shielded or screened from view ] . The locality may remove the inoperable motor vehicle, whenever the owner of the premises, after reasonable notice, has failed to do so. [ Notwithstanding the other provisions of this subsection, if the owner of such vehicle can demonstrate that he is actively restoring or repairing the vehicle, and if it is shielded or screened from view, the vehicle and one additional inoperative motor vehicle being used for the restoration or repair may remain on the property (*****for a period of 6 months, or such longer period set out in the ordinance***.) ]

In the event the locality removes the inoperable motor vehicle, after having given such reasonable notice, it may dispose of the vehicle after giving additional notice to the owner of the premises. The cost of the removal and disposal may be charged to either the owner of the inoperable vehicle or the owner of the premises and the cost may be collected by the locality as taxes are collected. Every cost authorized by this section with which the owner of the premises has been assessed shall constitute a lien against the property from which the inoperable vehicle was removed, the lien to continue until actual payment of the cost has been made to the locality.

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Just in by way of President Earl D Beauchamp;

Hello Everyone,

We have a winner on our hands. SB204 has passed both houses and is

on

its way to the governor. The final bill eliminated time restrictions

and doesn't

include references to the cars visibility from buildings on adjacent

property. Now that we have what we came for. We need to write those who

supported us I

will make a short list this weekend as well as determine when the

governor

needs to be contacted. THANKS to everyone we made it.

(SB204)

JOINT CONFERENCE COMMITTEE REPORT

We, the conferees, appointed by the respective bodies to consider and

report

upon the disagreeing vote on Senate Bill No. 204, report as follows:

A. We recommend that the House Amendments be rejected.

B. We recommend that the engrossed bill be amended as follows to

resolve the

matters under disagreement.

1. Line 40, engrossed bill, after property

strike

remainder of line 40 through ordinance

2. Line 57, engrossed bill, after located

strike

remainder of line 57 and line 58 through property

3. Line 75, engrossed bill, after located

strike

remainder of line 75 and line 76 through property

4. Line 90, engrossed bill, after property

strike

remainder of line 90 and line 91 through ordinance

Respectfully submitted,

Senator Frederick M. Quayle

Senator Stephen H. Martin

Senator Phillip P. Puckett

Conferees on the part of the Senate

Delegate L. Preston Bryant, Jr.

Delegate Michele B. McQuigg

Delegate Dwight C. Jones

Conferees on the part of the House

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Preston Bryant's vote doesn't surprise me since he is known to be anti-BS and anti-stupidity in the GA (ask the folks up around Charlottesville). McQuigg however DOES surprise me since she has been involved in some of the most inane and restrictive legislation ever laid out on the House floor.

Anyway- good to hear this news, and thanks to all VA members who worked for it.

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  • 5 weeks later...

<span style="font-weight: bold">A final note from Tom Cox;</span>

Hello Everyone,

It finally happened. Governor Mark Warner finally signed our Bill SB204. Everyone involved should be proud of this major accomplishment. This is the first Bill of its type to be signed into law in the US. Hopefully this will set the tone for future legislation protecting our hobby.

Another major benefit of the hard work of Virginia hobbyists is the great publicity that has come from our support of the bill. All of those Emails, phone calls and letters let legislators know how committed all of us are to the hobby as well as how many of us there are.

SB204 becomes effective 7/1/04. It will allow a minimum of two inoperable project vehicles to be kept on private property so long as they are shielded from ordinary public view. For more specifics go to the Virgnia General Assembly Website and search Bill status on SB204. Its great to take back a little of our freedom from the government officials. Roanoke City zoning officials are already grousing.

Congratulations everyone!!! Pass this along. Its a great day for the Hobby in Virginia.

Thanks,

Tom Cox

President

Southwest Virginia Car Council

Eastern Chairman Legislative Affairs AACA

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