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2014 SPECIAL SESSION I

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(HB5010)

AMENDMENT(S) PROPOSED BY THE HOUSE

DEL. MARSHALL R. [Ruled Not Germane]

    1. Line 258, substitute, after 4.

      insert

        That Chapter 2 of the Acts of Assembly of 2014, Special Session I is amended by adding a second enactment as follows:

        2. That notwithstanding the second enactment of Chapter 766 of the Acts of Assembly of 2013, and notwithstanding the provisions of § 58.1-2217, as it may become effective, of the Code of Virginia, the motor fuels tax rate of 3.5% on gasoline and gasohol shall not increase unless it is increased through legislation enacted by the General Assembly during or after the 2015 Regular Session of the General Assembly.

        5. That the second enactment of Chapter 2 of the Acts of Assembly of 2014, Special Session I is amended as follows:

        3. No provision of this act shall result in the expiration of any provision of: (i) Chapter 896 of the Acts of Assembly of 2007 pursuant to the 22nd enactment of that chapter or (ii) Chapter 766 of the Acts of Assembly of 2013 pursuant to the 14th enactment of that chapter.

        6. That the third enactment of Chapter 2 of the Acts of Assembly of 2014, Special Session I is amended as follows:

        4. That Chapter 2 of the Acts of Assembly of 2014, Special Session I (i) for taxable years including those implicated by § 3-5.10 of this Act but notwithstanding any other provision of that section and in addition to the exemptions provided pursuant to §§ 58.1-402(B)(8)(a)(1) and (2) of the Code of Virginia, any applicable addition that might otherwise be required pursuant to § 58.1-402(B)(8)(a) of the Code shall not be required if (a) during each of the five taxable years commencing after July 1, 2004, and also during the then current taxable year, the related member or members conducted substantial business operations relating to protecting the assets of the related member or members, pursuant to which, in each such taxable year, the related member or members paid payroll and consulting expenses in excess of $600,000 and employed at least three full-time equivalent employees whose sole responsibility was to maintain, manage, defend or otherwise be responsible for operations or administration relating to protecting the assets of the related member, (b) during each of the five taxable years commencing after July 1, 2004, and also during the then current taxable year, the corporation and its wholly owned subsidiaries collectively employed more than 25,000 employees, and (c) the corporation is a fully integrated agriculture production manufacturer such that it or its wholly owned subsidiary produces a product that is related to the core business of such corporation, processes such product, and sells the product both at wholesale and retail; (ii) nothing in this enactment, or in § 3-5.10, shall be construed to open the statute of limitations of an otherwise closed taxable year; and (iii) each of the provisions of this enactment is integral to its purpose and, therefore, shall not be deemed severable from the remainder of the enactment.

        7. That the fourth enactment of Chapter 2 of the Acts of Assembly of 2014, Special Session I is amended as follows:

        5. That the provisions of the first enactment of this act shall expire at midnight on June 30, 2016. The provisions of the second, third, and fourth enactments of this act shall have no expiration date.8.

DEL. MARSHALL R. [Ruled Not Germane]

    2. Line 259, substitute, after second

      strike

        and third

      insert

        , third, fourth, fifth, sixth, and seventh

DEL. MARSHALL R. [Passed by]

    1. Line 258, substitute, after 4.

      insert

        That the second enactment of Chapter 2 of the Acts of Assembly of 2014, Special Session I is repealed.

        5.

DEL. MARSHALL R. [Passed by]

    2. Line 259, substitute, after the

      strike

        second and third

      insert

        second, third, and fourth

APPROPRIATIONS

    1. At the beginning of line 65, introduced

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        all of lines 65 through 67

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        B. Notwithstanding the amounts appropriated in any item in Part 1, appropriation reductions required on the part of agencies to implement the savings enumerated in this Item are hereby authorized provided that such reductions do not conflict with the provisions of § 4-1.02 of this act.

APPROPRIATIONS

    2. At the beginning of line 103, introduced

      strike

        all of lines 103 through 105

      insert

        C. Notwithstanding the amounts appropriated in any item in Part 1, appropriation reductions required on the part of agencies to implement the savings enumerated in this Item are hereby authorized provided that such reductions do not conflict with the provisions of § 4-1.02 of this act.

APPROPRIATIONS

    3. At the beginning of line 199, introduced

      strike

        all of lines 199 through 201

      insert

        B. Notwithstanding the amounts appropriated in any item in Part 1, appropriation reductions required on the part of agencies to implement the savings enumerated in this Item are hereby authorized provided that such reductions do not conflict with the provisions of § 4-1.02 of this act.