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2015 SESSION

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Senate Committee on Finance

Co-Chair: Walter A. Stosch - Co-Chair: Charles J. Colgan

Clerk: Patty Lung
Staff: Lisa Wallmeyer, Nicole Brenner
Date of Meeting: February 4, 2015
Time and Place: 9:00 a.m. - Senate Room B
Revised to add SB 1453

H.B. 324 Virginia Virtual School; established, report, effective date.

Patron: Bell, Richard P.

Virginia Virtual School established. Establishes the Board of the Virginia Virtual School as a policy agency in the executive branch of state government for the purpose of governing the online educational programs and services offered to students enrolled in the Virginia Virtual School. The Secretary of Education is responsible for such agency. The 13-member Board is given operational control of the School and assigned powers and duties. The bill requires the School to be open to any school-age person in the Commonwealth and provide an educational program meeting the Standards of Quality for grades kindergarten through 12. The bill has a delayed effective date of July 1, 2015.

S.B. 674 Virginia Information Technologies Agency; email archiving.

Patron: Martin

Virginia Information Technologies Agency; email archiving. Requires any state agency in the executive branch of government that receives email services from VITA to also utilize email archiving services provided by VITA.

S.B. 736 Courthouse and courtroom security; increases assessment.

Patron: Howell

Courthouse security; assessment. Increases from $10 to $20 the maximum amount a local governing body may assess against a convicted defendant as part of the costs in a criminal or traffic case in district or circuit court to fund courthouse security.

S.B. 739 State Police, Department of; appointment of supervisory officers.

Patron: Carrico

Department of State Police; appointment of supervisory officers. Establishes a career progression program for State Troopers and Special Agents based on years of satisfactory service. For State Troopers, the program provides for promotion to the rank of Senior Trooper after 10 years of service and promotion to the rank of Master Trooper after 20 years of service. For Special Agents, the program provides for a salary increase after 10 years and a salary increase and promotion to the rank of Senior Special Agent after 20 years of service. The bill prohibits a sworn employee of the Department from receiving more than two career progression salary increases, regardless of such employee's assignment or promotion to Special Agent.

S.B. 742 Elections; run-off elections.

Patron: Carrico

Elections; run-off elections. Provides that no candidate shall be deemed to have been elected at a general election to any statewide office unless such candidate receives more than 50 percent of the total votes cast for that office. The bill requires that when no candidate for an office receives more than 50 percent of the total votes cast at the general election for that office, a run-off election between the candidates receiving the highest and next-highest number of votes for that office shall be held. However, no run-off election shall be held if the total number of write-in votes cast for an office and the total number of votes cast for the candidate receiving the highest number of votes for an office together equal more than 50 percent of the total votes cast for that office. The bill requires run-off elections to be held on the fourth Tuesday following the date of the certification of the results of the general election or, if a recount is conducted after the general election, on the fourth Tuesday following the date of the certification of the results of the recount, unless the fourth Tuesday falls on a legal holiday, in which the case the run-off election will be held on the sixth Tuesday. The bill provides that all other elections, including a general election of electors for the President and Vice-President of the United States, the person having the highest number of votes for an office shall be deemed to have been elected to such office and shall receive the certificate of election. Under current law, except in the case of a recount, the person having the most votes cast at any election shall be deemed to have been elected to that office.

S.B. 754 Vehicle registration; increases fees, allocates funds for Department of State Police.

Patron: Carrico

Vehicle registration fees; funds for Department of State Police. Raises the vehicle registration fee an additional $1.25 per year on each July 1 from 2015 through 2024 and allocates the funds to the Department of State Police.

S.B. 791 Motor vehicle safety inspection; increases charge.

Patron: Carrico

Vehicle safety inspection fees. Increases the price of a vehicle safety inspection by $1 for each category of vehicle and allocates $0.50 of the additional $1 to the Department of State Police toward the Department's costs in administering the motor vehicle safety inspection program; the remaining $0.50 is retained by the inspection station.

S.B. 827 Voting systems; use of direct recording electronic machines on and after July 1, 2016.

Patron: Miller

Voting systems; use of direct recording electronic machines. Prohibits the use of direct recording electronic (DRE) machines in elections on and after July 1, 2016, except for the express purpose of providing accessible voting equipment as required by law. The bill allows the modification of previously acquired DREs for the express purpose of providing accessible voting equipment.

S.B. 883 Virginia-Korea Advisory Board; established, report.

Patron: Petersen

Virginia-Korea Advisory Board. Establishes the Virginia-Korea Advisory Board to advise the Governor on ways to improve mutually beneficial trade relationships between the Commonwealth and the Republic of Korea (South Korea).

S.B. 949 Hybrid vehicle registration; tax credit for certain vehicle owners.

Patron: Stuart

Tax credit for hybrid vehicle registration. Creates a $64 tax credit for the 2015 tax year for hybrid vehicle owners who paid the $64 annual license tax between July 1, 2013, and July 1, 2014. The bill has a July 1, 2018, expiration date.

S.B. 960 Juvenile on probation; funding for re-entry and release services.

Patron: Marsden

Department of Juvenile Justice; juveniles on probation; funding for re-entry and release services. Allows funding currently being used for re-entry and release services, including residential placement or treatment services, for juveniles on parole supervision to also be used for persons on probation supervision after placement in a detention home that exceeds 30 calendar days. The bill additionally changes all references of "child" to "person" to allow funds to be used for persons who are 18, 19, or 20 years old at the time of release from commitment to the Department.

S.B. 975 Tourism zones; tax revenues for tourism projects.

Patron: Ruff

Tourism zones; tax revenues for tourism projects. Decreases from 80 percent to 70 percent the share of the total cost of a tourism project that the project must have in place before being eligible to receive a percentage of the state and local sales tax revenues generated on the premises of the project, to be used towards debt service to bridge the gap between available debt and equity and the expected costs of the project.

S.B. 1006 Virginia Marine Resources Commission; submerged lands, permit fees.

Patron: Watkins

Virginia Marine Resources Commission; submerged lands; permit fees. Clarifies the requirement of a permit application to the Virginia Marine Resources Commission (Commission) for the placement of certain piers and provides that certain applications for permits to use state-owned submerged lands shall be accompanied by a nonrefundable processing fee of $100. The bill raises the existing fees for the issuance of such a permit from $25 to $100 for small projects and from $100 to $300 for projects costing more than $10,000. The bill establishes a permit fee of $600 for projects costing $500,000 or more. The bill also increases the range of royalties for removal of each cubic yard of bottom material from $0.20-$0.60 to $0.40-$0.80. Finally, the bill authorizes the Commission to increase fees beginning in 2018 and once every three years thereafter.

S.B. 1013 Virginia Public Building Authority; Military Mission Improvement and Expansion projects.

Patron: Locke

Virginia Public Building Authority; Military Mission Improvement and Expansion projects. Authorizes the Virginia Public Building Authority to finance or assist in the financing of certain activities connected with Military Mission Improvement and Expansion projects (MMIE projects). An MMIE project is defined as a project or projects recommended by the Commission on Military Installations and Defense Activities and approved by the Governor that are designed to improve, expand, develop, or redevelop a federal or state military installation or to enhance such installation's military value.

S.B. 1032 Virginia Alcoholic Beverage Control Authority; created, report, eliminates ABC Board.

Patrons: McDougle, Puller

Alcoholic beverage control. Eliminates the Alcoholic Beverage Control Board (ABC) and replaces it with the Virginia Alcoholic Beverage Control Authority, created by the bill. The bill provides for the appointment of the Board of Directors of the Authority by the General Assembly, with the concurrence of the Governor, and the appointment by the Board of Directors of a Chief Executive Officer of the Authority and sets eligibility requirements for appointment, including background checks. Among other things, the bill also (i) provides for the transfer of current ABC employees to the Authority, (ii) continues such employees' participation in the state health plan and VRS, and (iii) sets out the powers and duties of the Authority and the Chief Executive Officer. The bill contains numerous technical amendments. The bill has a delayed effective date of July 1, 2018.

S.B. 1033 Northern Virginia Transportation Authority; increases membership.

Patron: Wexton

Northern Virginia Transportation Authority; membership composition. Increases the membership of the NVTA by one nonlegislative member to represent towns that receive funds for urban highway systems.

S.B. 1049 Regional jail construction and contracts; maximum state reimbursement.

Patron: McDougle

Regional jail construction and contracts; state reimbursement. Reduces from one-half to one-fourth the maximum state reimbursement for capital costs for construction, enlargement, or renovation of regional jails and jails where there is a regional contract for cooperative jailing.

S.B. 1053 Civil commitment proceedings; fees and compensation.

Patron: McDougle

Civil commitment proceedings; fees and compensation. Increases from $25 to $75 the fee paid to court-appointed counsel representing a person in a civil commitment proceeding under Title 19.2. The bill also provides that court-appointed counsel representing a person acquitted of a felony by reason of insanity in a hearing to assess the need for inpatient hospitalization shall be paid a fee not to exceed $445. This bill is a recommendation of the Judicial Council of Virginia.

S.B. 1098 Youth PROMISE Act; created, report.

Patron: McEachin

Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act (Youth PROMISE Act). Creates the Youth PROMISE Act (the Act) to provide for the development and implementation of evidence-based and promising programs related to juvenile delinquency and criminal street gang activity prevention and intervention to help build individual, family, and community strength and resiliency to ensure that youth lead productive, safe, healthy, gang-free, and law-abiding lives. The Act establishes a PROMISE Advisory Council to (i) assess and develop standards and evidence-based practices to prevent juvenile delinquency and criminal street gang activity and (ii) collect data in designated geographic areas to assess such areas' need for and existing resources for juvenile delinquency and criminal street gang activity prevention and intervention. The Act authorizes the Director of Juvenile Justice to award grants to local governments to (a) plan and assess evidence-based and promising practices for juvenile delinquency and criminal street gang activity prevention and intervention, especially for at-risk youth, and (b) implement PROMISE plans, developed by local PROMISE Coordinating Panels, for coordinating and supporting the delivery of juvenile delinquency and gang prevention and intervention programs in local communities. The Act establishes a Research Center for Proven Juvenile Justice Practices to provide PROMISE Coordinating Panels and the public with research and other information about evidence-based practices related to juvenile delinquency and criminal street gang prevention or intervention. The provisions of the bill are contingent on funding in a general appropriation act passed in 2015 that becomes law.

S.B. 1162 Hybrid retirement program; school division deferred compensation and cash match plans.

Patron: Watkins

Hybrid retirement program; school division deferred compensation and cash match plans. Allows school divisions the option of establishing and administering their own deferred compensation and cash match plans for the hybrid retirement program. Employees of such school divisions would have the option of participating in such programs. The bill has a delayed effective date of January 1, 2016.

S.B. 1187 DNA; analysis upon conviction of certain misdemeanors.

Patron: Obenshain

DNA analysis upon conviction of certain misdemeanors. Adds misdemeanor violations of § 16.1-253.2 (violation of protective orders), 18.2-19 (accessory after the fact), 18.2-60.3 (stalking), 18.2-67.4:1 (infected sexual battery), 18.2-119 (trespass), 18.2-346 (solicitation of prostitution), 18.2-371 (contributing to the delinquency of a minor), 18.2-387 (indecent exposure), or 18.2-387.1 (obscene sexual display) to the list of offenses for which a person convicted of such offense must have a sample of his blood, saliva, or tissue taken for DNA analysis. The bill also requires such sample be taken from every juvenile convicted of or adjudicated delinquent of a misdemeanor violation of § 16.2-253.2, 18.2-19, 18.2-60.3, 18.2-67.4 (sexual battery), 18.2-67.4:1, 18.2-67.5 (attempt to commit sexual battery), 18.2-119, 18.2-130 (peeping), 18.2-346, 18.2-387, or 18.2-387.1. Under current law, a sample is not taken for DNA analysis from juveniles convicted or adjudicated delinquent of any misdemeanor offenses and is taken from adults convicted of only five misdemeanor sex offenses: (i) § 18.2-67.4, (ii) § 18.2-67.4:2 (sexual abuse of a child 13 years of age or older but under 15), (iii) § 18.2-67.5, (iv) § 18.2-130, or (v) § 18.2-370.6 (penetrating the mouth of a child under 13 with the tongue). The provisions of the bill apply only to persons convicted or juveniles adjudicated delinquent on or after July 1, 2015.

S.B. 1196 Judicial retirement; increases mandatory retirement age.

Patron: Norment

Mandatory judicial retirement. Increases the mandatory retirement age under the Judicial Retirement System from 70 years of age to 73 years of age.

S.B. 1213 Human trafficking Commission on Prevention of; established.

Patron: Ebbin

Human trafficking; legislative commission created; report. Creates a legislative commission for the purpose of studying human trafficking in the Commonwealth, providing recommendations for the prevention of human trafficking and for services to victims of human trafficking and to develop effective strategies to combat human trafficking. The commission will expire in three years.

S.B. 1230 ABC Board; regulation of distribution and sale of cigarettes and other tobacco products.

Patron: Reeves

Regulation of the distribution and sale of cigarettes and other tobacco products by the Alcoholic Beverage Control Board; penalty. Transfers the regulation of the distribution of cigarettes and other tobacco products from the Department of Taxation to the Alcoholic Beverage Control Board. The bill also creates a new retail dealer's license for the sale of cigarettes and other tobacco products to be granted and otherwise regulated by the Alcoholic Beverage Control Board. The bill sets out the licensing requirements for distributors and retail dealers, sets out recordkeeping requirements, and provides penalties for violation. The bill contains technical amendments and is a recommendation of the State Crime Commission.

S.B. 1316 Circuit court clerks; changes to operation of clerks, including electronic records, fees, etc.

Patron: Stanley

Circuit court clerks; electronic records, fees, etc. Makes various changes to the operations of circuit court clerks, including (i) allowing any agency or instrumentality of the Commonwealth to submit records in electronic form; (ii) providing that the state highway plat book kept in the clerk's office may be produced in paper, microfilm, or electronic form; (iii) providing that the clerk may set a convenience fee for electronic filing of civil or criminal proceedings that is lower than the convenience fee currently charged for payment by debit or credit card; (iv) providing that all unpaid fines and costs be docketed as a judgment against the defendant in favor of the Commonwealth; and (v) repealing a provision of the Code requiring the assessment of an extra $2 fee in certain cases to be deposited into the Intensified Drug Enforcement Jurisdiction Fund.

S.B. 1360 Commonwealth's Attorneys Training Fund.

Patron: Norment

Commonwealth's Attorneys Training Fund. Establishes the Commonwealth's Attorneys Training Fund to be used for the purpose of supporting prosecutor training and law-enforcement training.

S.B. 1401 Tourism project of regional impact; entitlement to tax revenues.

Patron: Norment

Entitlement to tax revenues; tourism project of regional impact. Entitles a tourism project of regional significance that meets certain heightened criteria to the revenues generated by a 1.75 percent state sales and use tax on transactions taking place on its premises, to be used for debt service on gap financing for the project. Current law allows certain tourism projects to qualify for revenues generated by a one percent state sales and use tax. A project would be eligible for the increased revenues if it involves new private, capital investment of at least $100 million and supports increased hotel occupancy, job creation, and out-of-state visitors.

S.B. 1414 Cigarette tax, local; Montgomery and Pulaski Counties authorized to impose.

Patron: Edwards

Local cigarette tax; Montgomery and Pulaski Counties. Adds Montgomery and Pulaski Counties to the list of counties authorized to impose a local cigarette tax and requires that the revenue from such tax in those counties be used solely for public education. Current law provides that Arlington and Fairfax Counties may impose a local cigarette tax. The bill expires on June 30, 2025.

S.B. 1441 Transfer of firearms at gun shows; voluntary background check; penalties.

Patron: Lucas

Transfer of firearms at gun shows; voluntary background check; penalties. Requires the Department of State Police to be available to perform background checks for non-dealer sales at gun shows if requested by a party involved in a transaction. The promoter of the firearms show shall furnish the Department of State Police sufficient facilities to perform the background checks. In order for the bill to become effective, the U.S. Department of Justice must approve the policies and procedures that the Department of State Police will use to implement the provisions of the bill.

S.B. 1447 Income tax, corporate; exemption for certain previously-inverted corporations.

Patron: McDougle

Corporate income tax; rate of taxation. Provides that if a previously-inverted corporation makes a capital investment of at least $5 million to open a facility or business operation in the Commonwealth, then the first $5,000,000 of the corporation's profits each year shall be exempt from the corporate income tax for the first five years of operation of such business or facility.

S.B. 1449 Virginia Energy Economic Development Advisory Board; Governor's Energy Fund; report.

Patron: Saslaw

Virginia Energy Economic Development Advisory Board; Governor's Energy Fund; report. Establishes the Governor's Energy Fund (the Fund) to award incentive grants in the form of reduced electricity rates consisting of (i) special rate classes, (ii) temporary rate credits, or (iii) any other methodology that may be authorized by law. The bill also creates the Virginia Energy Economic Development Advisory Board to advise the Governor on the award of energy incentive grants from the Fund.

S.B. 1453 Spirits in closed containers; commission on all sales.

Patron: Deeds

Commission on all sales of spirits in closed containers.

S.B. 1455 Commonwealth Bond Act of 2015; created.

Patron: Watkins

Commonwealth of Virginia General Obligation Bonds.

S.J.R. 218 Study; teacher turnover; report.

Patron: Howell

Study; teacher turnover; report. Requests the Department of Education to study the feasibility of implementing a program in the Commonwealth to track teacher turnover by developing exit questionnaires and other means.

S.J.R. 273 Clean Power Plan; Department of Environmental Quality to study double-counting of benefits.

Patron: Wagner

Study; Department of Environmental Quality to study "double-counting" of benefits of EPA Clean Power Plan; report. Directs the Department of Environmental Quality to study whether the projected health benefits of the proposed federal Clean Power Plan, cited by the Environmental Protection Agency (EPA) as a benefit of the Plan, are already expected to result from the ongoing enforcement and revision of existing air quality regulations.

S.J.R. 279 Tannerite; joint subcommittee to study danger of use of these explosives.

Patron: Carrico

Study; joint subcommittee; dangers of Tannerite; report. Establishes a nine-member joint subcommittee to study the dangers of Tannerite and, if necessary, identify the potential need to (i) restrict the amounts of Tannerite that can be purchased legally and (ii) add a warning label to such products due to the effects of their use.

S.J.R. 281 Urban schools; joint subcommittee to study unique and specific challenges facing school divisions.

Patron: Edwards

Study; urban schools; report. Establishes a joint subcommittee to study the unique and specific challenges facing urban school divisions.

S.J.R. 285 Family and medical leave; feasibility of expanding in the state to complement federal requirements.

Patron: Dance

Study; feasibility of expanding family and medical leave in the state to complement existing federal requirements; report. Establishes an 11-member joint subcommittee to study the feasibility of expanding family and medical leave in the state to complement existing federal requirements.

S.J.R. 291 Flood resilience; DEQ to study potential for funding source to localities in coastal Virginia.

Patron: Lewis

Study; Regional Greenhouse Gas Initiative; report. Requests the Department of Environmental Quality to study the potential for the establishment of a funding source to localities in coastal Virginia for flood resilience that could result by including the Commonwealth as a full participant in the Regional Greenhouse Gas Initiative.

S.R. 62 Corrections, Department of; staffing levels and employment conditions.

Patron: Marsden

Study; staffing levels and employment conditions at the Department of Corrections; report. Continues, for an additional year, the joint committee of the Senate Committee on Rehabilitation and Social Services and the Senate Committee on Rules to study staffing levels and employment conditions at the Department of Corrections.