2010 Crossover Report:

A Mid-session Legislative Update

PUBLIC POLICY

This legislative session, the Prince William Regional Chamber is actively monitoring more than 100 individual pieces of legislation before the Virginia General Assembly, and has lobbied for the passage or defeat of several bills that impact our local business community.  

At the February 17 crossover deadline (the half-way point in session when all bills are either transmitted to the opposite chamber or allowed to fail,) the Chamber has already achieved several successes  and helped to ensure the continued consideration and advancement of proposals that will have a positive impact on the business climate in Prince William.  Use the links at right to learn about priority issues that the Chamber is following, as well as an overview of key bills introduced this session.

Priority Issues:

Preserving more than $26 million in funding for local school systems:

A provision in outgoing Governor Tim Kaine’s budget would freeze the Local Composite Index for Fiscal Year 2011.  This is the formula by which state assistance for K-12 education is determined and funding is equalized based on each locality’s ability to pay for public education.  In the past, as the relative wealth of Northern Virginia was rising faster than the rest of the state, our LCI rose, sending more funds to “poorer” school divisions.  Now that our area of the state has seen the greatest decrease in home values – an approximate 44 percent drop – our corresponding LCI has dropped.  For the first time in years, the LCI would benefit Northern Virginia jurisdictions and the proposed freeze would result in a significant and adverse impact on the public schools in Prince William County and the Cities of Manassas and Manassas Park. 

By delaying the LCI adjustment, public schools in the Prince William area stand to lose more than $26 million in funding!  A recent legislative estimate shows that the loss could be as high as $22 million for Prince William County, $3 million for the City of Manassas and $1 million for the City of Manassas Park.

This provision to freeze the LCI comes at the same time that the schools in the Prince William area are experiencing their largest growth in student enrollment in decades, with 3,500 additional students in Prince William County alone.  Prince William County, in fact, accounted for one-third of the increase in students across all of Virginia for the 2009-2010 school year.  The cost of educating these additional students required the County alone to spend $35 million in unbudgeted funds.  That additional expenditure is in addition to the state reduction that would result from delaying the LCI adjustment!

The Region’s Chamber joined with numerous other Northern Virginia business organizations in urging the incoming administration to amend the budget to unfreeze the LCI adjustment for 2010.  This coalition was successful as Governor Bob McDonnell recently announced that he would submit a budget amendment to unfreeze the LCI adjustment and presented corresponding funding streams to make up for the overall loss in revenues that would result for the Commonwealth’s biennial budget.  However, the ball is now in the court of the General Assembly to affirm this amendment.  The Chamber will remain vigilant in fighting for this funding to be funneled through the LCI formula and sent to those jurisdictions with the greatest need. 

Fighting the Expansion of Business-Funded Unemployment Benefits

Virginia legislators have attempted on several occasions to permanently expand the state Unemployment Compensation program in order to receive the temporary funds that are available.  During the 2010 General Assembly session, legislators proposed several bills to expand the Unemployment Compensation system to include such offerings as benefits for those seeking only part-time employment or simply to extend unemployment benefits beyond their current allowable term. 

The Region’s Chamber has joined with the Virginia Chamber of Commerce and other business organizations in strongly opposing these bills.  In the House of Delegates, the Chamber has been successful in opposing such legislation.  H.B. 647 was defeated in committee.  However, a Senate vehicle remains alive and viable.  S.B. 239 will be transmitted to the House of Delegates.   The Chamber will continue to oppose this measure after the crossover deadline. 

Preserving a Transportation Corridor for Western Bypass

While there is little money for new transportation projects this year, there is one measure on which the Region’s Chamber is very active.  For more than 50 years, Northern Virginians have supported what has alternatively been called an Outer Beltway, a Western ByPass and now a Washington ByPass.  This road would connect I-95 with I-66 and Dulles Airport, a road that would encourage economic development and commerce in our area.  For that reason, the Chamber has been active in communicating with state legislative committees and the Prince William delegation to urge the Commonwealth Transportation Board to designate a Western Transportation Corridor and thus preserve the land on which it would be built from development. 

The Region’s Chamber supported legislation to establish a transportation corridor for planning purposes that would preserve the Commonwealth’s ability to pursue such a project.  Unfortunately, this legislation was defeated in committee. 

Preserving the Dealer Discount for Retail Businesses Engaged in Collecting Taxes for the State

As part of a misguided effort to close the Commonwealth’s budget deficit, outgoing Governor Tim Kaine proposed the elimination of the state’s “dealer discount.”  This is a concession granted to retail businesses to cover legitimate costs vendors incur acting as the states’ tax collection agents.  Such costs include training of personnel, documenting tax-exempt sales for charitable organizations, agricultural sales and sales tax holidays, updating tax-related software and license fees, programming and servicing of cash registers and dealing with tax audits and appeals. 

The Region’s Chamber has communicated with newly inaugurated Governor Bob McDonnell and the members of the General Assembly that the elimination of the dealer discount is bad for the economy and will result in higher tax burdens for Virginia businesses already impacted by a harsh economic climate. 

Technological advances have not reduced the burden on businesses.  In fact, improvements in technology have resulted in a more complicated system where consumers are using credit and debit cards more frequently requiring retailers to pay the state’s share of expensive interchange fees.  Furthermore, interchange fees alone erase most of the partial reimbursement provided by the dealer discount.  These fees, charged by credit card companies for the use of their credit cards, range from 1-3% of the total sales amount.  For example – if the average fee is 2%, then the retailer pays $2.00 out of its pocket for every $100 in sales tax that goes on the credit cards.  The cost to retailers can be as much as 13.47%.  And 75-92% of retailers’ costs are not compensated through dealer discounts. 

Now is not the time to increase the tax burden on businesses.  Last year, Virginia’s sales tax collections saw the largest annual decline on record (5.6% in 2009.)  Things have not improved in 2010.  This year’s sales tax collections to date are down 5.8%.  What is worse,  economists are bleak in their projections for a rebound in sales because of lagging consumer confidence and spending. 

This issue will be considered as part of budget negotiations and the Region’s Chamber will continue to relay its message to legislators and the Governor. 

 
Legislation Status Overview:

Transportation

HB 19  VRE Fares

Patron:  Delegate Mark Cole (R-Fredericksburg)

Summary:  Allows the Potomac-Rappahannock Transportation Commission to charge higher fares for Virginia Railway Express passengers who are not residents of localities represented on the Commission.

REGIONAL CHAMBER Position:  Monitor

Status:  Passed by in subcommittee

 

HB 25  Statewide Transportation Plan

Patron:  Delegate Charnielle Herring (D-Alexandria)

Summary:  Requires that the Statewide Transportation Plan include quantifiable measures and achievable goals for greenhouse gas emissions.

REGIONAL CHAMBER Position:  Oppose

Status:  Failed to report from subcommittee

 

HB 42  Performance Audit of Transportation Programs

Patron:  Delegate Glenn Oder (R-Newport News)

Summary:  Requires the Auditor of Public Accounts to perform a performance audit of the Commonwealth's transportation programs.

REGIONAL CHAMBER Position:  Support

Status:  Passed House of Delegates

 

HB 47  Telework Expenses Tax Credit

Patron:  Delegate Scott Lingamfelter (R-Woodbridge)

Summary:  Provides a tax credit to employers for expenses incurred in allowing employees to telework pursuant to a signed telework agreement for taxable years beginning on or after January 1, 2011, but before January 1, 2013. An employer would be eligible for a credit of up to $1,200 per teleworking employee, depending on the number of days per month an employee will telework and whether the employer's primary place of business is located in a nonattainment area under the federal Clean Air Act. There is also a 100 percent tax credit for costs the employer incurs for conducting a telework assessment in the year prior to implementing a formal telework program. This assessment credit is capped at $20,000 per employer. The aggregate amount of tax credits that will be issued is capped at $1 million annually for taxable years 2011 and 2012.

REGIONAL CHAMBER Position:  Support

Status:  Continued to 2011

 

HB 55  Local Assessments for VRE Service

Patron:  Delegate Mark Cole (R-Fredericksburg)

Summary:  Prohibits assessment of localities, for Virginia Railway Express service, of more than they collect in motor vehicle fuel sales taxes.

REGIONAL CHAMBER Position:  Oppose

Status:  Passed by in subcommittee

 

HB 230  Motor Fuels Tax Rate Increase

Patron:  Delegate Vivian Watts (D-Annandale)

Summary:  Increases the motor fuels tax by $0.10 per gallon, minus $0.01 for each $0.20 that the average price of gasoline exceeds $3.00. The tax will be indexed every two years beginning July 1, 2011, by an amount equal to the percentage change in the U.S. Department of Labor's Producer Price Index for Highway and Street Construction. The revenue generated is used for transportation purposes as required by existing law, and allocates primary system highway construction funds among the nine highway construction districts on the basis of the ratio of vehicle miles traveled on primary highways divided by the lane miles of primary highways in each highway construction district, weighted 90 percent, and a need factor, weighted 10 percent.

REGIONAL CHAMBER Position:  Monitor

Status:  Passed by in committee

HB 269  Increase in Sales Tax on Motor Fuels Tax in Northern Virginia

Patron:  Delegate David Englin (D-Alexandria)

Summary:  Increases the rate of the state sales tax on motor fuels in Northern Virginia from 2.1 percent to 4.2 percent.

REGIONAL CHAMBER Position:  Monitor

Status:  Failed to report from subcommittee

HB 276  Highway Maintenance Funds

Patron:  Delegate David Albo (R-Springfield)

Summary:  Provides that when allocating funds for the interstate system of highways, the primary system of state highways, and the secondary system of state highways maintained by the Commonwealth, the Commonwealth Transportation Board shall consider achieving a minimal level of disparity among highway construction districts in meeting asset performance standards.  Prior to such allocation, the Board shall release for public review a comparison of the proposed allocation of funds by highway construction district with an allocation of funds based entirely on specific asset performance standards by highway construction district.

REGIONAL CHAMBER Position:  Support

Status:  Passed House of Delegates

 

HB 277  Washington Bypass Transportation Corridor

Patron:  Delegate David Albo (R-Springfield)

Summary:  Requires the Commonwealth Transportation Board to establish a Washington Bypass transportation corridor.

REGIONAL CHAMBER Position:  Support

Status:  Failed to report from subcommittee

 

HB 404  Transportation Funding and Administration

Patron:  Delegate Glenn Oder (R-Newport News)

Summary:  Provides for transportation funding and administration in Hampton Roads, Northern Virginia, the Richmond Highway Construction District, the Staunton Highway Construction District, and the Salem Highway Construction District. The amount of funding is based on: (i) for Northern Virginia, a portion of the growth in certain state tax revenues in Northern Virginia; (ii) for Hampton Roads, a portion of the growth in certain state tax revenues generated or facilitated by the marine terminals in Hampton Roads; (iii) for the Richmond Highway Construction District, a portion of the growth in certain state tax revenues generated or facilitated by the Port of Richmond; (iv) for the Staunton Highway Construction District, a portion of the growth in certain state tax revenues generated or facilitated by the Inland Port at Front Royal; and (v) for the Salem Highway Construction District, a portion of the growth in certain state tax revenues expected to be generate or facilitated by the Elliston Intermodal Facility.

REGIONAL CHAMBER Position:  Monitor

Status:  Passed by in committee

 

HB 665  Additional Appropriations to the Transportation Trust Fund

Patron:  Delegate Joe May (R-Leesburg)

Summary:  Requires the Governor, in submitting his biennial budget bill, to provide for additional appropriations to the Transportation Trust Fund from general fund revenues in cases in which general fund revenues for a fiscal year are projected to grow by at least three percent. Any such additional appropriation to the Transportation Trust Fund recommended by the Governor would be required to be in an amount not less than one percent of the projected growth in general fund revenues for the fiscal year.

REGIONAL CHAMBER Position:  Support

Status:  Passed House of Delegates

 

HB 779  Northern Virginia Transportation Projects

Patron:  Delegate James LeMunyon (R-Chantilly)

Summary:  Requires VDOT to evaluate and make periodic reports on transportation improvement projects in the Northern Virginia highway construction district.

REGIONAL CHAMBER Position:  Support

Status:  Passed by in committee

 

HB 808  Coordination of State and Local Transportation Planning

Patron:  Delegate Vivian Watts (D-Annandale)

Summary:  Provides for coordination of local transportation planning with not only the Virginia Department of Transportation, but the Virginia Department of Rail and Public Transportation as well.

REGIONAL CHAMBER Position:  Oppose

Status:  Continued to 2011

HB 948  HOT Lanes

Patron:  Delegate David Englin (D-Alexandria)

Summary:  Requires VDOT to conduct a NEPA study prior to any HOT lane construction on any portion of I-95 or I-395.

REGIONAL CHAMBER Position:  Oppose

Status:  Passed by in committee

HB 970  Designation of Annual Surplus to the Transportation Trust Fund

Patron:  Delegate Tom Rust (R-Herndon)

Summary:  Increases from two-thirds to 75 percent the amount of the general fund surplus designated to the Transportation Trust Fund within the Comptroller's annual report following the close of each fiscal year. The governor would include in his budget bill an amount for deposit into the Transportation Trust Fund equivalent to the amount designated by the Comptroller.

REGIONAL CHAMBER Position:  Support

Status:  Passed House of Delegates

 

HB 971  Transportation Funding and Administration

Patron:  Delegate Tom Rust (R-Herndon)

Summary:  Provides additional funding for transportation by (i) imposing a transportation infrastructure users fee on motor fuels sold by a distributor to a retail dealer at the rate of one percent, to be used for highway maintenance in the highway construction district in which the fuel is sold; (ii) increasing the state sales and tax in Northern Virginia by 0.5 percent for transportation projects in Northern Virginia; and (iii) imposing a regional congestion relief fee on the recordation of deeds in Northern Virginia at a rate of $0.40 per $100. Neither the fees nor the tax increase shall become effective until the unemployment rate in the Commonwealth is equal to or lower than it was in January 2008 for six consecutive months. The bill also requires a performance audit of the Commonwealth's transportation programs.

REGIONAL CHAMBER Position:  Monitor

Status:  Continued to 2011

 

HB 1061  Transportation Bond Act of 2010

Patron:  Delegate Robert Marshall (R-Manassas)

Summary:  Authorizes issuance of general obligation bonds in an amount not to exceed $3,963,000,00 to finance capital transportation projects.

REGIONAL CHAMBER Position:  Monitor

Status:  Laid on table in subcommittee

 

HB 1098  Coordination of State and Local Transportation Planning

Patron:  Delegate Mark Sickles (D-Springfield)

Summary:  Provides for coordination of local transportation planning with not only the Virginia Department of Transportation, but the Virginia Department of Rail and Public Transportation as well.

REGIONAL CHAMBER Position:  Oppose

Status:  Incorporated into H.B. 808 and continued to 2011

 

HB 1103  Allocation of Highway Construction Funds

Patron:  Delegate Mark Sickles (D-Springfield)

Summary:  Allocates primary system highway construction funds among the nine highway construction districts on the basis of the ratio of vehicle miles traveled on primary highways divided by the lane miles of primary highways in each highway construction district, weighted 90%, and a need factor, weighted 10%.

REGIONAL CHAMBER Position:  Support

Status:  Passed by in committee

 

HB 1131  Formula for Allocation of Highway Construction Funds

Patron:  Delegate Mark Keam (D-Vienna)

Summary:  Adds one member from the Northern Virginia highway construction district to the CTB. The bill also provides for allocation of highway construction funds within primary, urban, and secondary systems by the CTB on the basis of (i) population, (ii) traffic congestion, (iii) ambient air quality, (iv) functional classifications of highways, and (v) other important objectives as determined by the CTB, with each such factor being given equal weight.

REGIONAL CHAMBER Position:  Support

Status:  Left in committee

HB 1313  Prince William County Metrorail Improvement District

Patron:  Delegate Luke Torian (D-Woodbridge)

Summary:  Creates the Prince William County Metro Rail Improvement District to provide a means of financing an extension of commuter rail service from Fairfax County into Prince William County.

REGIONAL CHAMBER Position:  Monitor

Status:  Continued to 2011

 

HB 1329  Motor Fuels Sales Tax in Northern Virginia

Patron:  Delegate Scott Lingamfelter (R-Woodbridge)

Summary:  Defines "gross sales" and "sales price" for purposes of the state motor fuels sales tax in Northern Virginia. "Gross sales" means the same as its definition in provisions of the Retail Sales and Use Tax and would exclude separately stated federal diesel excise taxes. "Sales price" means the same as its definition in provisions of the Retail Sales and Use Tax but would include all transportation and delivery charges, even if separately stated.

REGIONAL CHAMBER Position:  Support

Status:  Passed House of Delegates

 

HJ 5  Transportation Trust Fund

Patron:  Delegate Glenn Oder (R-Newport News)

Summary:  Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, Highway Maintenance and Operating Fund, and other funds established by general law for transportation. All revenues dedicated to Transportation Funds on January 1, 2011, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the revenues dedicated to the Funds. The amendment limits the use of Fund moneys to transportation and related purposes. The General Assembly may borrow from the Funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan must be repaid with reasonable interest by the end of the fourth fiscal year following the date of the borrowing.

REGIONAL CHAMBER Position:  Support

Status:  Left in committee

 

HJ 67  Transportation Trust Fund

Patron:  Delegate Robert Marshall (R-Manassas)

Summary:  Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, and Highway Maintenance and Operating Fund. All revenues dedicated to Transportation Funds on January 1, 2009, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the revenues dedicated to the Funds. The amendment limits the use of Funds moneys to transportation and related purposes. The General Assembly may borrow from the Funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan or reduction must be repaid with reasonable interest within four years.

REGIONAL CHAMBER Position:  Support

Status:  Left in committee

 

HJ 69  Transportation Trust Fund

Patron:  Delegate Vivian Watts (D-Annandale)

Summary:  Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, Highway Maintenance and Operating Fund, and other funds established by general law for transportation. All revenues dedicated to Transportation Funds on January 1, 2011, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds. The General Assembly by general law, other than a general appropriation law, may alter the revenues dedicated to the Funds. The amendment limits the use of Fund moneys to transportation and related purposes. The General Assembly may borrow from the Funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan must be repaid with reasonable interest within four years. Moneys designated for deposit into funds other than Transportation Funds shall not be used for any transportation-related purpose except for making certain debt service payments on transportation-related bonds and notes.

REGIONAL CHAMBER Position:  Support

Status:  Left in committee

 

SB 114  Indexing of Fuels Taxes

Patron:  Senator Chap Petersen (D-Fairfax)

Summary:  Increases or decreases each year the rates of Virginia's fuels taxes using a fuel efficiency index. The bill would define the fuel efficiency index as the quotient that is obtained when using as the numerator the total annual vehicle miles traveled in the Commonwealth for the relevant year and using as the denominator the total gallons of motor fuel consumed for highway use in the Commonwealth for the relevant year. The numerator and denominator would be the corresponding amounts as published by the Federal Highway Administration of the United States Department of Transportation. The bill would establish 2007 as the base year for the fuel efficiency index. Thus, the percentage change in the fuel efficiency index between the current year and 2007, the base year, would determine the annual percentage increase or decrease in the rates of Virginia's fuels taxes. Each December the Commissioner of the Department of Motor Vehicles would compute the adjusted rates of fuels taxes.  Currently, Virginia's fuels taxes are fixed at the rate of $0.175 per gallon for each gallon of gasoline, gasohol, and diesel fuel.

REGIONAL CHAMBER Position:  Monitor

Status:  Left in committee

SB 132  Sales and Use Tax Distribution to Transportation Trust Fund

Patron:  Senator Mark Obenshain (R-Harrisonburg)

Summary:  Increases the distribution to the Transportation Trust Fund from the sales and use tax revenue generated by a one-half percent sales and use tax to the sales and use tax revenue generated by a one percent sales and use tax upon the Comptroller determining in any fiscal year that (i) the growth in general fund revenues for the most recently completed fiscal year was at least three percent, and (ii) the actual dollar increase in general fund revenues for the most recently completed fiscal year was at least equal to the sales and use tax revenue generated by a one-half percent sales and use tax.

REGIONAL CHAMBER Position:  Monitor

Status:  Left in committee

 

SB 223  Motor Fuels Taxes

Patron:  Senator George Barker (D-Alexandria)

Summary:  Replaces the current fuels tax on gasoline, gasohol, and diesel fuel with a tax that is a percentage of the wholesale price of a gallon of self-serve unleaded regular gasoline. The percentage shall be established by the Commissioner by determining the percentage that would most closely yield seventeen and one-half cents per gallon, based on the average wholesale price of a gallon of self-serve unleaded regular gasoline for the period beginning October 1, 2009, and ending March 31, 2010.

REGIONAL CHAMBER Position:  Monitor

Status:  Left in committee

 

SB 343 Annual Adjustment of Fuels Taxes

Patron:  Senator Emmett Hanger (R-Mount Solon)

Summary:  Adjusts fuels taxes each year on April 1 by the percentage increase in the Corporate Average Fuel Economy (sales volume weighted), Total Fleet (the CAFE) for the immediately preceding calendar year over the CAFE for calendar year 2009. The first adjustment would occur on April 1, 2011.

REGIONAL CHAMBER Position:  Monitor

Status:  Left in committee

 

SB 351  Performance Audit of Transportation Programs

Patron:  Senator Mark Obenshain (R-Harrisonburg)

Summary:  Requires the Secretary of Transportation to arrange for a performance audit of the Commonwealth's transportation programs.

REGIONAL CHAMBER Position:  Support

Status:  Passed by in committee

 

SB 365  HOT Lane Construction Contracts

Patron:  Senator George Barker (D-Alexandria)

Summary:  Requires that HOT lane construction contracts contain requirements for minimum average speed for vehicles using the facility.

REGIONAL CHAMBER Position:  Oppose

Status:  Passed by in committee

SB 541  Transportation Revenue Bonds

Patron:  Senator Stephen Newman (R-Forest)

Summary:  Provides that at least 50 percent of the proceeds of Commonwealth of Virginia Transportation Capital Projects Revenue Bonds would be used for new road or highway construction projects. The bill defines a new road or highway construction project as the construction of, enhancement of, or addition to a road or highway (or a portion or segment of a road or highway), which construction, enhancement, or addition did not commence prior to January 1, 2010. Commonwealth of Virginia Transportation Capital Projects Revenue Bonds were authorized for issuance in 2007 pursuant to House Bill No. 3202.

REGIONAL CHAMBER Position:  Monitor

Status:  Left in committee

 

SB 550  Coordination of State and Local Transportation Planning

Patron:  Senator George Barker (D-Alexandria)

Summary:  Provides for coordination of local transportation planning with not only the Virginia Department of Transportation, but the Virginia Department of Rail and Public Transportation as well.

REGIONAL CHAMBER Position:  Oppose

Status:  Continued to 2011

 

SB 600  Designation of Annual Surplus to the Transportation Trust Fund

Patron:  Senator Frank Wagner (R-Virginia Beach)

Summary:  Increases from two-thirds to 75 percent the amount of the general fund surplus designated to the Transportation Trust Fund within the Comptroller's annual report following the close of each fiscal year. The governor would include in his budget bill an amount for deposit into the Transportation Trust Fund equivalent to the amount designated by the Comptroller.

REGIONAL CHAMBER Position:  Support

Status:  Failed to report from committee

 

SB 684  Transportation Funding

Patron:  Senator John Miller (D-Newport News)

Summary:  Provides new and increased taxes, tolls, royalties from offshore natural gas and oil drilling, and general fund revenues for transportation funding.  The bill would (i) decrease the motor fuels tax from $0.175 per gallon to $0.05 per gallon and establish a five percent tax on motor fuels sales based upon the statewide average wholesale price of a gallon of self-serve unleaded regular gasoline; (ii) subject to the amount of the additional revenues generated by the changes described in clause (i), increase the motor fuels tax rate by $0.10 per gallon in increments of $0.02 per gallon each year over a the five-year period beginning in 2011; (iii) beginning in 2011 increase the motor vehicle sales and use tax by 0.50 percent each year for four years; (iv) provide that of the retail sales and use tax revenues generated by the Commonwealth's four percent tax on sales of automobile parts and automobile accessories, an amount equivalent to the revenues generated by a three percent retail sales and use tax on such parts and accessories would be deposited into the Highway Maintenance and Operating Fund; (v) subject to receipt of federal authorization, authorize the Commonwealth Transportation Board to impose and collect a toll of $1 per axle on every vehicle entering the Commonwealth from the state of North Carolina via Interstate Route 85 and Interstate Route 95; (vi) dedicate for highway maintenance purposes 10 percent of the future growth in certain state taxes that is attributable to economic activity generated or facilitated by the public and private general cargo marine terminals and inland ports of the Commonwealth; and (vii) dedicate for transportation purposes all royalties paid to the Commonwealth as a result of offshore natural gas and oil drilling.  All amounts generated under the bill would be deposited into the Highway Maintenance and Operating Fund to be used for highway maintenance except the revenues from tolls on vehicles entering the Commonwealth from North Carolina and the revenues from royalties as a result of offshore drilling, which would be deposited into the Transportation Trust Fund.

REGIONAL CHAMBER Position:   Monitor

Status:  Left in committee

 

SB 694  Appropriations to the Transportation Trust Fund

Patron:  Senator Jeffrey McWaters (R-Virginia Beach)

Summary:  Authorizes the Governor, in submitting his biennial budget bill, to provide for additional appropriations to the Transportation Trust Fund from general fund revenues in cases in which general fund revenues for a fiscal year are projected to grow by at least three percent. Any such additional appropriation to the Transportation Trust Fund recommended by the Governor would be required to be in an amount not less than one percent of the projected growth in general fund revenues for the fiscal year.

REGIONAL CHAMBER Position:  Monitor

Status:  Failed to report from committee

 

SB 699  Route 28 Transportation Improvement District

Patron:  Senator Jill Holtzman-Vogel (R-Winchester)

Summary:  Allows a county to initiate a change in zoning upon a property within such district in order to bring such property into conformance with the county's current comprehensive plan.

REGIONAL CHAMBER Position:  Monitor

Status:  Withdrawn by patron

 

SJ 94  Study of State Motor Fuels Tax

Patron:  Senator John Miller (D-Virginia Beach)

Summary:  Establishes a joint subcommittee to study the desirability and feasibility of replacing the state motor fuel tax with a mileage-based fee predicated on vehicle-miles traveled in Virginia.

REGIONAL CHAMBER Position:  Monitor

Status:  Passed Senate

 

SJ 100  Transportation Trust Fund

Patron:  Senator Stephen Newman (R-Forest)

Summary:  Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, Highway Maintenance and Operating Fund, Priority Transportation Fund, and other funds established by general law for transportation. All revenues dedicated to Transportation Funds on January 1, 2013, by general law, other than a general appropriation law, shall be deposited to the Funds, unless the General Assembly by general law, other than a general appropriation law, alters the revenues dedicated to the Funds. The amendment limits the use of Fund moneys to transportation and related purposes. The General Assembly may borrow from the Funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan must be repaid with reasonable interest within four years.

REGIONAL CHAMBER Position:  Support

Status:  Continued to 2011

 

SJ 137  Transportation Trust Fund

Patron:  Senator Tommy Norment (R-Williamsburg)

Summary:  Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, Highway Maintenance and Operating Fund, and Priority Transportation Fund. All revenues dedicated to Transportation Funds on January 1, 2011, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the revenues dedicated to the Funds. The amendment requires Funds be appropriated only for transportation systems and projects. The General Assembly may borrow from the Funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan or reduction must be repaid with reasonable interest within three years. The amendment also limits the use of general and other non-transportation funds for transportation purposes except for certain debt service payments.

REGIONAL CHAMBER Position:  Support

Status:  Continued to 2011

 

Energy and the Environment

  HB 155  Stormwater Management Regulations

Patron:  Delegate Rosalyn Dance (D-Petersburg)

Summary:  Delays for two years the Department of Conservation and Recreation's regulations governing the stormwater management program that were to be implemented on July 1, 2010.

REGIONAL CHAMBER Position:  Support

Status:  Incorporated into H.B. 1220 and passed the House of Delegates

 

HB 1220  Stormwater Management Regulations

Patron:  Delegate Tim Hugo (R-Centreville)

Summary:  Ends the effective date of the regulation that establishes local program criteria and delegation procedures and the water quality and water quantity criteria based on the completion of the Virginia Total Maximum Daily Loads (TMDL) Implementation Plan for the Chesapeake Bay Nutrient and Sediment TMDL approved by the United States Environmental Protection Agency and the regulations thereafter adopted to implement the Plan.

REGIONAL CHAMBER Position:  Support

Status:  Passed the House of Delegates

HB 1311  Stormwater Management Regulations

Patron:  Delegate David Bulova (D-Fairfax)

Summary:  Delays the effective date of regulation that establishes local program criteria and delegation procedures and the water quality and water quantity criteria for stormwater to no later than September 1, 2011. The bill also requires the Virginia Soil and Water Conservation Board to conform the regulation to be consistent with this effective date.

REGIONAL CHAMBER Position:  Support

Status:  Incorporated into H.B. 1220 and passed the House of Delegates

 

SB 245  Stormwater Management Regulations

Patron:  Senator John Watkins (R-Midlothian)

Summary:  Delays the effective date of regulations that establish local program criteria and delegation procedures and the water quality and water quantity criteria for stormwater management from July 1, 2010, to July 1, 2011. Any regulation adopted prior to this date shall be considered outside the scope of authority granted by the General Assembly.

REGIONAL CHAMBER Position:  Support

Status:  Incorporated into S.B. 395 and passed Senate

 

SB 395  Stormwater Management Regulations

Patron:  Senator Frank Wagner (R-Virginia Beach)

Summary:  Extends the effective date of the regulation that establishes local program criteria and delegation procedures and the water quality and water quantity criteria based on the completion of the Virginia Total Maximum Daily Loads (TMDL) Implementation Plan for the Chesapeake Bay Nutrient and Sediment TMDL approved by the United States Environmental Protection Agency and the regulations thereafter adopted to implement the Plan.

REGIONAL CHAMBER Position:  Support

Status:  Passed the Senate

 

SB 677  Stormwater Management Regulations

Patron:  Senator Emmett Hanger (R-Mount Solon)

Summary:  Delays the effective date of stormwater regulations establishing local program criteria and delegation procedures and the water quality and water quantity criteria until July 1, 2011. The bill also requires the Department of Conservation and Recreation, in consultation with the Department of Environmental Quality, to determine the effect the total maximum daily load (TMDL) allocation  for the Chesapeake Bay may have on these regulations. If the agency finds that the TMDL implementation plan approved by the Environmental Protection Agency requires a change in the criteria, the Virginia Soil and Water Conservation Board is to adopt a new regulation that is consistent with the source allocations made in the approved TMDL plan.

REGIONAL CHAMBER Position:  Support

Status:  Incorporated into S.B. 395 and passed the Senate

 

SB 681  Stormwater Management Regulations

Patron:  Senator Mary Margaret Whipple (D-Arlington)

Summary:  Delays the effective date of regulation that establishes local program criteria and delegation procedures and the water quality and water quantity criteria for stormwater to no later than September 1, 2011. The bill also requires the Virginia Soil and Water Conservation Board to conform the regulation to be consistent with this effective date.

REGIONAL CHAMBER Position:  Support

Status:  Incorporated into S.B. 395 and passed the Senate

Education and Workforce

HB 178  Eligibility of Seasonal or Temporary Workers for Unemployment Benefits

Patron:  Delegate Joseph Morrissey (D-Richmond)

Summary:  Disqualifies an unemployed individual for unemployment compensation benefits if he was provided with written notice, and signed an acknowledgment of receipt of such notice, by his employer stating that his employment is temporary or seasonal and will be terminated by a date certain or upon the completion of seasonal work specified in the written notice.

REGIONAL CHAMBER Position:  Monitor

Status:  Stricken from subcommittee docket

 

HB 280  Crime of Fraud to Accomplish Unionization Vote

Patron:  Delegate David Albo (R-Springfield)

Summary:  Any person who (i) knowingly and intentionally fails to provide full and complete information regarding the consequences of a signature or a vote or an affirmation by another, or (ii) by fraud, material artifice, trickery, or deception, causes or assists in causing a vote to be taken by non-union employees on whether to organize a union, is guilty of a Class 1 misdemeanor.

REGIONAL CHAMBER Position:  Support

Status:  Continued to 2011

 

HB 647  Eligibility of Part-Time Employees for Unemployment Benefits

Patron:  Delegate Ward Armstrong (D-Martinsville)

Summary:  Provides that certain individuals who have exhausted eligibility for unemployment benefits and who are enrolled in approved training programs are eligible for up to 26 weeks of additional benefits. The measure also provides that an individual who was employed part time during at least one-half of the weeks of work in the individual’s base period is deemed to satisfy the requirement that he be available for work and actively seeking and unable to obtain suitable work if he is available for and actively seeking work that is comparable to his part-time work experience in his base period.

REGIONAL CHAMBER Position:  Oppose

Status:  Laid on table in subcommittee

 

SB 239  Eligibility for Unemployment Benefits

Patron:  Senator John Watkins (R-Midlothian)

Summary:  Provides that certain individuals who have exhausted eligibility for unemployment benefits and who are enrolled in approved training programs are eligible for up to 26 weeks of additional benefits. The measure also provides that an individual who voluntarily separates from employment is not disqualified from receiving unemployment compensation benefits if the separation is for a compelling family reason, which is defined as domestic violence, the illness or disability of a member of the individual's immediate family; or the need for the individual to accompany such individual's spouse to a place from which it is impractical for such individual to commute and due to a change in location of the spouse's employment. A provision allowing individuals to receive unemployment benefits if they voluntarily leave employment to follow a military spouse assigned to a new duty station, which provision will become effective only if the federal government appropriates adequate funds specifically for the purpose of paying benefits to such individuals, is repealed.  The measure also requires that bills enhancing unemployment compensation benefits payable to a claimant contain a statement reflecting the projected impact on the solvency level of the unemployment trust fund and the average increase in state unemployment tax liability of employers. Currently, such bills are required to contain an estimate of potential revenue losses of state tax revenues.

REGIONAL CHAMBER Position:  Oppose

Status:  Passed the Senate

 

SB 329  Court Fees

Patron:  Senator Richard Stuart (R-Montross)

Summary:  Increases the court fees in both district and circuit court from (i) $27 to $75 in a district court civil action and (ii) the current scale of $60-$160 to $500-$1,000 in civil actions in circuit court. The fee increases under this bill in district court are allocated to the sheriffs' departments, and the increases in circuit court are split between the sheriffs' (80%) and the clerks' (20%) offices to be used exclusively for achieving the current staffing standards of the two constitutional offices. The $10 fee for the Courts Technology Fund is removed from civil cases. The Fund still receives fees applicable to other filings in the circuit and appellate courts.

REGIONAL CHAMBER Position:  Oppose

Status:  Passed Senate

 

SB 562  Eligibility for Unemployment Benefits of Part-Time Employees

Patron:  Senator Phillip Puckett (D-Tazewell)

Summary:  Provides that certain individuals who have exhausted eligibility for unemployment benefits and who are enrolled in approved training programs are eligible for up to 26 weeks of additional benefits. The measure also provides that an individual who was employed part time during at least one-half of the weeks of work in the individual’s base period is deemed to satisfy the requirement that he be available for work and actively seeking and unable to obtain suitable work if he is available for and actively seeking work that is comparable to his part-time work experience in his base period.

REGIONAL CHAMBER Position:  Oppose

Status:  Incorporated into S.B. 239 and passed Senate

Healthcare

HB 10  Health Care Freedom Act

Patron:  Delegate Robert Marshall (R-Manassas)

Summary:  States that no law shall restrict an individual's right and power to choose private health care systems or private plans. The measure states that no law will infringe on an individual's right to pay for lawful medical services. The bill further states that no law shall impose a penalty, tax, or fine upon an individual who declines to contract for health care coverage or to participate in a health care system or plan, except as required by a court in a judicial dispute to which the individual is a named party. The measure does not apply to individuals seeking voluntary coverage under a state-administered Medicare or Medicaid program.

REGIONAL CHAMBER Position:  Support

Status:  Passed the House of Delegates

 

HB 576  Requirement for an Individual to Obtain Health Insurance

Patron:  Delegate Mark Cole (R-Fredericksburg)

Summary:  Provides that a resident of the Commonwealth shall not be required to obtain or maintain a policy of individual insurance coverage. This applies regardless of whether the person has or is eligible for health insurance coverage under any policy or program provided by or through his employer or a plan sponsored by the Commonwealth or the federal government. The measure also states that no provision of Title 38.2 renders a resident liable for any penalty, assessment, fee, or fine as a result his failure to procure or obtain health insurance coverage.

REGIONAL CHAMBER Position:  Support

Status:  Incorporated into H.B. 10 and passed the House of Delegates

 

HB 722  Individual Health Insurance Coverage

Patron:  Delegate Christopher Peace (R-Hanover)

Summary:  Provides that a resident of the Commonwealth shall not be required to obtain or maintain a policy of individual health insurance coverage. This applies regardless of whether the person is eligible for health insurance coverage under any policy or program provided by or through his employer or a plan sponsored by the Commonwealth or the federal government. The measure also states that no provision of Title 38.2 renders a resident liable for any penalty, assessment, fee, or fine as a result of his failure to procure or obtain health insurance coverage.

REGIONAL CHAMBER Position:  Support

Status:  Incorporated into H.B. 10 and passed the House of Delegates

HB 1273  Dental Plans

Patron:  Delegate Lee Ware (R-Powhatan)

Summary:  Prohibits a contract between a dental plan and a dentist or oral surgeon from establishing the fee or rate that the dentist or oral surgeon is required to accept for the provision of health care services, or from requiring that a dentist or oral surgeon accept the reimbursement paid by the dental plan as payment in full, unless the services are covered services under the dental plan. The measure applies to contracts entered into, amended, extended, or renewed on or after July 1, 2010. The State Corporation Commission does not have jurisdiction to adjudicate individual controversies arising out of this measure.

REGIONAL CHAMBER Position:  Oppose

Status:  Passed House of Delegates

 

HJ 7  Constitutional Amendment on Health Care Freedom

Patron:  Delegate Robert Marshall (R-Manassas)

Summary:  Protects an individual's right and power to participate or to decline to participate in a health care system or plan. The amendment prohibits any law that will infringe on an individual's right to pay for lawful medical services. The amendment further prohibits the adoption of any law that imposes a penalty, tax, or fine upon an individual who declines to enter into a contract for health care coverage or to participate in a health care system or plan. 

REGIONAL CHAMBER Position:  Support

Status:  Left in committee

SB 622  Dental Plans

Patron:  Delegate William Wampler (R-Bristol)

Summary:  Prohibits a contract between a dental plan and a dentist or oral surgeon from establishing the fee or rate that the dentist or oral surgeon is required to accept for the provision of health care services, or from requiring that a dentist or oral surgeon accept the reimbursement paid by the dental plan as payment in full, unless the services are covered services under the dental plan. The measure applies to contracts entered into, amended, extended, or renewed on or after July 1, 2010. The State Corporation Commission does not have jurisdiction to adjudicate individual controversies arising out of this measure.

REGIONAL CHAMBER Position:  Oppose
Status:  Passed Senate

 

Effective Government

HJ 63  Study of State Government Efficiency

Patron:  Delegate Robert Marshall (R-Manassas)

Summary:  Establishes a joint subcommittee to review each of the ten organizational secretariats of state government to identify efficiencies and determine specific operational areas where savings may be realized among the agencies within individual secretariat, including identifying (i) monetary savings among agencies within the secretariat, (ii) changes in management practices among agencies within the secretariat, and (iii) specific actions involving elimination, realignment, or consolidation of programs or activities within the secretariat.

REGIONAL CHAMBER Position:  Support

Status:  Laid on table in subcommittee

 

HR 1  Study of State Government Efficiency

Patron:  Delegate Robert Marshall (R-Manassas)

Summary:  Establishes a House of Delegates subcommittee to review each of the ten organizational secretariats of state government to identify efficiencies and determine specific operational areas where savings may be realized among the agencies within individual secretariat, including identifying (i) monetary savings among agencies within the secretariat, (ii) changes in management practices among agencies within the secretariat, and (iii) specific actions involving elimination, realignment, or consolidation of programs or activities within the secretariat.

REGIONAL CHAMBER Position:  Support

Status:  Laid on table in subcommittee

Taxes, Land Use and Other Issues

HB 51  Comprehensive Plan Amendments

Patron:  Delegate Mark Cole (R-Fredericksburg)

Summary:  Grants authority to a governing body to prepare an amendment to the comprehensive plan and submit such proposal to public hearing rather than request the planning commission to prepare the amendment.

REGIONAL CHAMBER Position:  Monitor

Status:  Passed the House of Delegates

 

HB 57  Limits on Expansion of BPOL Taxes

Patron:  Delegate Mark Cole (R-Fredericksburg)

Summary:  Prohibits any locality from (i) imposing the BPOL tax if the locality did not impose it as of January 1, 2010, and (ii) increasing the BPOL tax rates after January 1, 2010.

REGIONAL CHAMBER Position:  Support

Status:  Passed the House of Delegates

 

HB 110  BPOL Tax Assessed on Gross Receipts or Virginia Taxable Income

Patron:  Delegate Mark Cole (R-Fredericksburg)

Summary:  Allows localities to decide whether to impose the BPOL tax on a business's gross receipts or its Virginia taxable income.

REGIONAL CHAMBER Position:  Support

Status:  Carried over to 2011

 

HB 336  Expansion of Cash Proffer Authority

Patron:  Delegate Robert Marshall (R-Manassas)

Summary:  Broadens a locality's ability to use cash proffers for capital projects other than those for which the cash was originally proffered under certain circumstances.

REGIONAL CHAMBER Position:  Oppose

Status:  Laid on the table in subcommittee

 

HB 374  Timing of Acceptance of Cash Proffers

Patron:  Delegate John Cosgrove (R-Chesapeake)

Summary:  Delays collection or acceptance of a cash proffer by a locality until the residential property has been issued a certificate of occupancy by said locality.

REGIONAL CHAMBER Position:  Monitor

Status:  Passed the House of Delegates

HB 430  Real Property Tax Assessment Appeal Process Reform

Patron:  Delegate Morgan Griffith (R-Salem)

Summary:  Provides (i) that the fair market value of certain affordable housing be determined using income production assessment methodology, based on the property's current use and restrictions; (ii) additional requirements for real estate assessors; (iii) that a locality's real property sales assessment ratio higher than 110 percent is prima facie proof that the locality has failed to assess at 100 percent of fair market value; (iii) taxpayers access to certain information related to assessments; and (iv) additional requirements related to boards of equalization.

REGIONAL CHAMBER Position:  Support

Status:  Passed the House of Delegates

HB 570  Real Property Tax Assessment Appeal Process Reform

Patron:  Delegate Sal Iaquinto (R-Virginia Beach)

Summary:  Changes the burden of proof from the taxpayer to the assessor when a taxpayer appeals the assessment of real property to a board of equalization or to a circuit court.

REGIONAL CHAMBER Position:  Support

Status:  Passed the House of Delegates

 

HB 577  Time to Appeal Real Property Tax Assessments

Patron:  Delegate Mark Cole (R-Fredericksburg)

Summary:  Increases the time a taxpayer may appeal the assessment of his real estate to the commissioner of the revenue (i) from three years to five years from the last day of the tax year for which the assessment is made or (ii) from one year to three years from the date of the assessment, whichever is later.

REGIONAL CHAMBER Position:  Monitor

Status:  Laid on the table in subcommittee

 

HB 614  Conformity of State and Federal Tax Laws

Patron:  Delegate Bob Purkey (R-Virginia Beach)

Summary:  Advances the date as of which Virginia's system of taxation conforms with the Internal Revenue Code (IRC) from December 31, 2008, to December 31, 2009, and adds three new exceptions; the deferral of certain income under § 108 (i) of the IRC, the original issue discount on applicable high yield discount obligations under IRC § 163 (e)(5)(F), and the  amount of the deduction allowed for domestic production activities pursuant to § 199 of the IRC. Taxpayers are preparing and filing returns during the Session, therefore, the bill contains an emergency clause.

REGIONAL CHAMBER Position:  Monitor

Status:  Passed the House of Delegates

 

HB 713  Verification of State BPOL Licensure

Patron:  Delegate Christopher Peace (R-Hanover)

Summary:  Requires the commissioner of the revenue in each locality that imposes the BPOL tax to verify through the Department of Professional and Occupational Regulation that every taxpayer seeking a local business license has satisfied the requirements and obtained the state license, when applicable. The commissioner shall not issue a local business license if the applicant has not have the required state license.

REGIONAL CHAMBER Position:  Monitor

Status:  Passed House of Delegates

 

HB 1013  Urban Development Area Infrastructure Loan Fund

Patron:  Delegate Clay Athey (R-Front Royal)

Summary:  Virginia Infrastructure in Urban Development Areas Loan Fund.  Creates the Virginia Infrastructure in Urban Development Areas Loan Fund. The Fund would be administered by the Virginia Resources Authority. Money in the Fund would be used exclusively for the financing of road, small water facility, and wastewater treatment facility projects located or to be located within an urban development area in the Commonwealth and undertaken by a local government. Priority for loans would be given to projects that will serve two or more local governments to encourage regional cooperation.

REGIONAL CHAMBER Position:  Support

Status:  Passed the House of Delegates

 

HB 1051  Eliminates the Dealer Discount for Tax Collection

Patron:  Delegate Jim Scott (D-Merrifield)

Summary:  Eliminates the dealer discounts for the retail sales and use tax, communications sales and use tax, state cigarette tax, E-911 tax, tobacco products tax, tire recycling fee, fuels tax, and motor vehicle fuel sales tax.

REGIONAL CHAMBER Position:  Oppose

Status:  Left in committee

 

HB 1071  Urban Development Area Densities

Patron:  Delegate Clay Athey (R-Front Royal)

Summary:  Sets certain densities in urban development areas according to the population of the locality that designated the urban development area. The bill also requires that, to the extent possible, certain federal funding and state water and sewer facility and public infrastructure funding be directed to urban development areas or other designated growth areas. The bill mandates that the Commission on Local Government report on localities' compliance with the statute requiring the designation of urban development areas.

REGIONAL CHAMBER Position:  Support

Status:  Passed the House of Delegates

 

HJ 135  Continuing the Joint Subcommittee to Study Development and Land Use Tools

Patron:  Delegate Clay Athey (R-Front Royal)

Summary:  Continues the Joint Subcommittee to Study Development and Land Use Tools in Virginia's Localities for one year to examine and monitor the transition to channeling development into Urban Development Areas and determine if additional legislation is needed to help localities as they transition to Urban Development Areas. The joint subcommittee shall also continue to make a comprehensive evaluation of all existing land use planning tools and infrastructure financing options and make any recommendations deemed appropriate.

REGIONAL CHAMBER Position:  Monitor

Status:  Passed the House of Delegates

 

SB 222  Exemption of Localities from VDOT Land Use Review Fees

Patron:  Senator Toddy Puller (D-Mount Vernon)

Summary:  Exempts localities, public agencies, and citizens groups from payment of certain Department fees for review of land use proposals.

REGIONAL CHAMBER Position:  Montior

Status:  Passed the Senate

 

SB 418  Urban Development Area Infrastructure Loan Fund

Patron:  Senator Jill Holtzman-Vogel (R-Winchester)

Summary:  Creates the Virginia Infrastructure in Urban Development Areas Loan Fund. The Fund would be administered by the Virginia Resources Authority. Money in the Fund would be used exclusively for the financing of road, small water facility, and wastewater treatment facility projects located or to be located within an urban development area in the Commonwealth and undertaken by a local government. Priority for loans would be given to projects that will serve two or more local governments to encourage regional cooperation.

REGIONAL CHAMBER Position:  Support

Status:  Continued to 2011

 

SB 420  Densities in Urban Development Areas

Patron:  Senator Jill Holtzman-Vogel (R-Winchester)

Summary:  Sets certain densities in urban development areas according to the population of the locality that designated the urban development area. The bill also requires that, to the extent possible, certain federal funding and state water and sewer facility and public infrastructure funding be directed to urban development areas or other designated growth areas. The bill mandates that the Commission on Local Government report on localities' compliance with the statute requiring the designation of urban development areas.

REGIONAL CHAMBER Position:  Support

Status:  Passed the Senate

 

SB 542     Eliminates the Dealer Discount for Tax Collection

Patron:  Senator Chuck Colgan (D-Manassas)

Summary:  Eliminates the dealer discounts for the retail sales and use tax, communications sales and use tax, state cigarette tax, E-911 tax, tobacco products tax, tire recycling fee, fuels tax, and motor vehicle fuel sales tax.

REGIONAL CHAMBER Position:  Oppose

Status:  Left in committee

 

SB 545  Conformity of State and Federal Tax Laws

Patron:  Senator Chuck Colgan

Summary:  Advances the date as of which Virginia's system of taxation conforms with the Internal Revenue Code (IRC) from December 31, 2008, to December 31, 2009, and adds three new exceptions; the deferral of certain income under § 108 (i) of the IRC, the original issue discount on applicable high yield discount obligations under IRC § 163 (e)(5)(F), and the amount of the deduction allowed for domestic production activities pursuant to § 199 of the IRC. Taxpayers are preparing and filing returns during the General Assembly Session, therefore, the bill contains an emergency clause.

REGIONAL CHAMBER Position:  Monitor

Status:  Passed by the Senate

 

SB 551  Limited Land Use Review by VDOT

Patron:  Senator George Barker (D-Alexandria)

Summary:  Provides for more limited review by VDOT when a property being considered for rezoning has already been subject to a VDOT review in connection with development of a local comprehensive plan.

REGIONAL CHAMBER Position:  Support

Status:  Passed the Senate

 

SB 632  Timing of Acceptance of Cash Proffers

Patron:  Senator Mark Obenshain (R-Harrisonburg)

Summary:  Delays collection or acceptance of a cash proffer by a locality until the completion of the final inspection of the subject property and prior to the time of the issuance of any certificate of occupancy.

REGIONAL CHAMBER Position:  Monitor

Status:  Passed the Senate

 

SB 640  Cash Proffer Guidelines

Patron:  Senator Stephen Martin (R-Chesterfield)

Summary:  Provides that no locality shall establish any rate policy or guideline regarding the amount and timing of the payment of cash proffers to such locality unless such rate policy or guideline is established by ordinance.

REGIONAL CHAMBER Position:  Monitor

Status:  Withdrawn by patron

 

SJ 89  Continuation of Joint Subcommittee to Study Development and Land Use Tools

Patron:  Senator Jill Holtzman-Vogel (R-Winchester)

Summary:  Continues the Joint Subcommittee to Study Development and Land Use Tools in Virginia's Localities for one year to examine and monitor the transition to channeling development into Urban Development Areas, and determine if additional legislation is needed to help localities as they transition to Urban Development Areas. The joint subcommittee shall also continue to make a comprehensive evaluation of all existing land use planning tools and infrastructure financing options and make any recommendations deemed appropriate.

REGIONAL CHAMBER Position:  Monitor

Status:  Passed the Senate

 

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