Thursday, December 4, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
SB790: Candidates for office; repeals provision that provides method of making party nominations.
Be it enacted by the General Assembly of Virginia:
1. That §§ 24.2-509 and 24.2-516 of the Code of Virginia are amended and reenacted as follows:
§ 24.2-509. Party to determine method of nominating its candidates for office.
A. The duly constituted authorities of the state
political party shall have the right to determine the method by which a party
nomination for a member of the United States Senate or for any statewide office
shall be made. The duly constituted authorities of the political party for the
district, county, city, or town in which any other office is to be filled shall
have the right to determine the method by which a party nomination for that
office shall be made.
B. Notwithstanding subsection A, the following provisions
shall apply to the determination of the method of making party nominations. A
party shall nominate its candidate for election for a General Assembly district
where there is only one incumbent of that party for the district by the method
designated by that incumbent, or absent any designation by him by the method of
nomination determined by the party. A party shall nominate its candidates for
election for a General Assembly district where there is more than one incumbent
of that party for the district by a primary unless all the incumbents consent
to a different method of nomination. A party, whose candidate at the
immediately preceding election for a particular office other than the General
Assembly (i) was nominated by a primary or filed for a primary but was not
opposed and (ii) was elected at the general election, shall nominate a
candidate for the next election for that office by a primary unless all
incumbents of that party for that office consent to a different method.
When, under any of the foregoing provisions, no incumbents
offer as candidates for reelection to the same office, the method of nomination
shall be determined by the political party.
For the purposes of this subsection, any officeholder who
offers for reelection to the same office shall be deemed an incumbent
notwithstanding that the district which he represents differs in part from that
for which he offers for election.
§ 24.2-516. Party to furnish names of chairmen and notify State Board of adoption of direct primary.
Each political party within the Commonwealth shall furnish to the State Board the names and addresses of its state, county, and city party chairmen in January of each year, and during the remainder of the year it shall notify the Board of any changes in such names and addresses.
At least 120 days prior to the regular date for a primary, the Board shall inquire of each state chairman and each county and city chairman whether a direct primary has been adopted. The Board shall advise each chairman that notification to the Board of the adoption of a direct primary is required and must be filed with the Board not more than 110 days and not less than 90 days before the date set for the primaries.
Each chairman shall file timely written notice with the Board
whether or not a primary has been adopted and identify each office for which a
primary has been adopted. The requirement to notify the Board of the adoption
of a direct primary shall be satisfied when the Board receives by the deadline (i)
written notice from the appropriate party chairman or (ii) a copy of the
written notice from an incumbent officeholder to his party chairman of the
incumbent's selection, pursuant to § 24.2-509, of the primary as the method
of nomination.
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2201 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2201. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Affordable housing" means, as a guideline, housing that is affordable to households with incomes at or below the area median income, provided that the occupant pays no more than thirty percent of his gross income for gross housing costs, including utilities. For the purpose of administering affordable dwelling unit ordinances authorized by this chapter, local governments may establish individual definitions of affordable housing and affordable dwelling units including determination of the appropriate percent of area median income and percent of gross income.
"Conditional zoning" means, as part of classifying land within a locality into areas and districts by legislative action, the allowing of reasonable conditions governing the use of such property, such conditions being in addition to, or modification of the regulations provided for a particular zoning district or zone by the overall zoning ordinance.
"Development" means a tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units. The term "development" shall not be construed to include any property which will be principally devoted to agricultural production.
"Historic area" means an area containing one or more buildings or places in which historic events occurred or having special public value because of notable architectural, archaeological or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.
"Incentive zoning" means the use of bonuses in the
form of increased project density or other benefits to a developer in return
for the developer providing certain features, design elements,
uses, services, or amenities desired by the locality within, including but not limited to, site design
incorporating principles of new urbanism and traditional neighborhood
development, environmentally sustainable and energy-efficient building
design, affordable housing creation and preservation, and historical preservation,
as part of the development.
"Local planning commission" means a municipal planning commission or a county planning commission.
"Mixed use development" means property that incorporates two or more different uses, and may include a variety of housing types, within a single development.
"Official map" means a map of legally established and proposed public streets, waterways, and public areas adopted by a locality in accordance with the provisions of Article 4 (§ 15.2-2233 et seq.) hereof.
"Planned unit development" means a form of development characterized by unified site design for a variety of housing types and densities, clustering of buildings, common open space, and a mix of building types and land uses in which project planning and density calculation are performed for the entire development rather than on an individual lot basis.
"Planning district commission" means a regional planning agency chartered under the provisions of Chapter 42 (§ 15.2-4200 et seq.) of this title.
"Plat of subdivision" means the schematic representation of land divided or to be divided.
"Site plan" means the proposal for a development or a subdivision including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space, public facilities and such other information as required by the subdivision ordinance to which the proposed development or subdivision is subject.
"Special exception" means a special use, that is a use not permitted in a particular district except by a special use permit granted under the provisions of this chapter and any zoning ordinances adopted herewith.
"Street" means highway, street, avenue, boulevard, road, lane, alley, or any public way.
"Subdivision," unless otherwise defined in an ordinance adopted pursuant to § 15.2-2240, means the division of a parcel of land into three or more lots or parcels of less than five acres each for the purpose of transfer of ownership or building development, or, if a new street is involved in such division, any division of a parcel of land. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided and solely for the purpose of recordation of any single division of land into two lots or parcels, a plat of such division shall be submitted for approval in accordance with § 15.2-2258.
"Variance" means, in the application of a zoning ordinance, a reasonable deviation from those provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure when the strict application of the ordinance would result in unnecessary or unreasonable hardship to the property owner, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the intended spirit and purpose of the ordinance, and would result in substantial justice being done. It shall not include a change in use which change shall be accomplished by a rezoning or by a conditional zoning.
"Zoning" or "to zone" means the process of classifying land within a locality into areas and districts, such areas and districts being generally referred to as "zones," by legislative action and the prescribing and application in each area and district of regulations concerning building and structure designs, building and structure placement and uses to which land, buildings and structures within such designated areas and districts may be put.
Be it enacted by the General Assembly of Virginia:
1. That § 24.2-509 (B) of the Code of Virginia is repealed.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.