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2017 SESSION

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Senate Committee on Finance

Co-Chair: Thomas K. Norment, Jr. - Co-Chair: Emmett W. Hanger, Jr.

Clerk: Patty Lung, Wesley Bland
Staff: Lisa Wallmeyerr
Date of Meeting: February 14, 2017
Time and Place: 9:00 a.m. - Senate Room B

H.B. 1463

Patron: Sullivan

Delinquent taxes; publication by treasurer and locality. Authorizes the governing body of a locality and the treasurer to publish  lists of certain local  delinquent taxes whether or not they are based on information as it exists at the end of the fiscal year.

H.B. 1500

Patron: Jones

Budget Bill. Amends Chapter 780, 2016 Acts of Assembly.

H.B. 1543

Patron: Robinson

Sales and use tax exemption; audiovisual productions and equipment. Extends the sunset date from July 1, 2019, to July 1, 2022, for the sales and use tax exemption on the transfer of certain audio or visual productions and equipment used in making such productions.

H.B. 1650

Patron: Sullivan

Claims; Keith Allen Harward. Provides relief in the amount of $1,548,439 to Keith Allen Harward, who was incarcerated from 1983 until 2016 after being convicted of first degree murder. In 2016 he was granted a Writ of Actual Innocence by the Supreme Court of Virginia based upon DNA evidence that excluded Mr. Harward as the perpetrator of the crime. Mr. Harward's relief would be paid as follows: (i) an initial lump sum of $309,688 to be paid within 60 days immediately following the execution of a release by Mr. Harward from any present or future claims he may have and (ii) the sum of $1,238,751 to purchase an annuity before October 1, 2017, for the primary benefit of Mr. Harward with the terms structured in his best interests. In addition, the bill entitles Mr. Harward to receive up to $10,000 for tuition for career and technical training within the Virginia Community College System.

H.B. 1738

Patron: Anderson

Retail sales and use tax; aviation parts, engines, and supplies. Creates an exemption from the retail sales and use tax for parts and supplies used for maintaining, repairing, or reconditioning aircraft, including unmanned aerial systems. The exemption does not apply to tools and other items that are not attached to or become a part of the aircraft. The exemption will be effective from July 1, 2018, to June 30, 2022.

H.B. 1853

Patron: Gilbert

Victims of domestic violence, etc.; firearms safety or training course. Creates the Virginia Firearms Safety and Training for Sexual and Domestic Violence Victims Fund. The bill provides that the Department of Criminal Justice Services may distribute funds from the Fund to reimburse an entity that offers a firearms safety or training course or class approved by the Department free of charge to victims of domestic violence, sexual abuse, stalking, or family abuse. The Department would not be permitted to issue reimbursements in excess of the amount available in the Fund. The bill also requires that, upon the issuance of a protective order, the petitioner for the order be provided with a list of such approved courses or classes.

H.B. 1890

Patron: Hugo

Collection of sales and use tax. Removes the exception that persons selling certain products, such as window shades, kitchen equipment, and countertops, are deemed to be retailers and not consuming contractors for purposes of collecting sales and use tax, even if they intend to install such items for contractors. Generally, tangible personal property incorporated into real property is deemed to have been purchased for consumption by the contractor.

H.B. 1909

Patron: Yost

Real property tax; nonjudicial sale of tax delinquent property. Permits the nonjudicial sale of unimproved real property valued at less than $5,000 if taxes are delinquent for at least three years. The bill also permits the nonjudicial sale of real property valued at no less than $5,000 but no greater than $20,000 if taxes are delinquent for at least three years, the property is not subject to a recorded mortgage or deed of trust lien, and the property (i) is unimproved and measures less than 4,000 square feet; (ii) is unimproved and has been determined to be unsuitable for building (the bill expands the bases on which unsuitability may rest); (iii) has a structure on it that has been condemned by the local building official; (iv) has been declared a nuisance by the locality; (v) contains a derelict building; or (vi) has been declared to be blighted by the locality. The bill also modifies current law regarding notice of the sale, redemption of the property, and application of surplus proceeds.

Current law permits the nonjudicial sale of unimproved real property valued at less than $10,000 if taxes are delinquent for at least three years and the property (a) measures less than 4,000 square feet or (b) has been determined to be unsuitable for building.

H.B. 1965

Patron: Massie

Two-Year College Transfer Grant Program; Expected Family Contribution. Broadens eligibility for the Two-Year College Transfer Grant Program by including students whose Expected Family Contribution, as calculated by the federal government using the family's financial information reported on the Free Application for Federal Student Aid (FAFSA), is no more than $12,000. Currently the program is available only to students whose Expected Family Contribution is no more than $8,000. The bill does not affect additional eligibility requirements for the Two-Year College Transfer Grant Program.

H.B. 2007

Patron: Bell, Robert B.

Students who receive home instruction; dual enrollment courses. Requires each school board to permit any student who receives home instruction and resides in the local school division to apply for enrollment as a part-time student, as defined in the general appropriation act, of the local school division in any dual enrollment course offered pursuant to an agreement for postsecondary degree attainment at a public high school in the local school division or at the comprehensive community college. The bill specifies that no such student shall be required to pay more in tuition or fees than the tuition or fees paid by public school students or the school division of residence on behalf of such students to enroll in such course.

H.B. 2074

Patron: Rush

Income tax; subtraction for Virginia venture capital account investment. Establishes for taxable years beginning January 1, 2018, an individual and corporate income tax subtraction for income derived from an investment in a Virginia venture capital account, defined in the bill as an investment fund that makes at least 50 percent of its investments in qualified portfolio companies and employs at least one investor with at least four years' experience in venture capital investment or substantially equivalent experience. The bill defines "qualified portfolio company" as a Virginia-headquartered company that has a primary purpose of production, sale, research, or development of a product or service and provides equity in exchange for the investment. An income tax subtraction would be available only for an investment made on or after January 1, 2018.

H.B. 2105

Patron: Byron

Investment of Public Funds Act; investment of funds in the Virginia Investment Pool Trust Fund. Authorizes public officers, municipal corporations, and other political subdivisions to invest any or all of the moneys belonging to them or within their control, other than sinking funds, in the Virginia Investment Pool Trust Fund (Fund), provided that such investments comply with the requirements of the Investment of Public Funds Act (§ 2.2-4500 et seq.) applicable to municipal corporations and other political subdivisions. The bill states that none  of its provisions shall be construed: (i) to diminish existing legal authority of treasurers related to the investment of public funds; or (ii) as an endorsement by the General Assembly of investment in the Fund.

H.B. 2113

Patron: Keam

Notification requirement; breach of payroll data. Requires employers and payroll service providers to notify the Office of the Attorney General after discovery of a compromise in confidentiality related to payroll information. Upon receipt of notice from an employer or payroll service provider, the Office of the Attorney General would notify the Department of Taxation.

H.B. 2206

Patron: Cox

Virginia Veteran and Family Support program. Establishes the Virginia Veteran and Family Support program to, in a cost-effective manner, refer veterans to mental health, physical rehabilitation, and other services as needed to help them achieve individually identified goals and to monitor their progress toward achieving those goals. The program shall be available to veterans and members of the Virginia National Guard in the Commonwealth, residents of the Commonwealth in the Armed Forces Reserves who are not in active federal service, and family members of covered military members who have been affected by the covered military members' service and deployments and who are located in the Commonwealth.

H.B. 2219

Patron: Dudenhefer

Real property tax; deferral; Stafford County. Allows Stafford County, by ordinance, to restrict the deferral of real property taxes authorized under current law to a taxpayer's sole dwelling whose tax levy for 2016 exceeded the tax levy for 2015 by at least 25 percent  due to improvements made to adjacent property by Stafford County. The amount of the deferral shall not exceed 95 percent of such excess.

H.B. 2244

Patron: Jones

Public-Private Transportation Act of 1995. Changes the Transportation Public-Private Partnership Advisory Committee to the Transportation Public-Private Partnership Steering Committee and provides that the Deputy Secretary of Transportation on the Committee serves as the chairman of the Committee. The bill provides that the responsible public entity may grant approval for the development and/or operation of a transportation facility by a private entity if that entity can develop and/or operate the transportation facility for less cost than the Department of Transportation (VDOT) or the Department of Rail and Public Transportation (DRPT). The bill requires the chief executive officer of the responsible public entity to certify in writing to the Governor and the General Assembly that there has been no material change since the finding of public interest that the public contribution requested by the private entity does not exceed the maximum public contribution. The bill clarifies that the finding of public interest by the Steering Committee shall be made after receipt of responses to the request for qualifications and prior to the issuance of the first draft request for proposals. The bill requires the responsible public entity, when such entity is VDOT or DRPT, to ensure competition through the procurement process and develop a public sector analysis of the cost for the responsible entity to develop and/or operate the transportation facility. The bill requires VDOT or DRPT and the Steering Committee to review the public sector analysis prior to the initiation of any procurement. The bill adds to the information required to be included in the finding of public interest a description of the benefits expected to be realized by the responsible public entity and a public sector analysis demonstrating that the private sector can deliver the project for less cost than the responsible public entity.

H.B. 2248

Patron: Jones

Capital outlay plan. Updates the six-year capital outlay plan for projects to be funded entirely or partially from general fund-supported resources.

H.B. 2249

Patron: Jones

Prior authorization of bonds to fund certain revenue-producing capital projects at institutions of higher learning; Virginia State University. Expands the scope of a revenue-producing capital project at Virginia State University funded by a prior bond authorization. The bill has an emergency clause.

EMERGENCY

H.B. 2250

Patron: Jones

Bonds for institutions of higher education. Authorizes issuance of bonds in an amount up to $13,637,000 for revenue-producing capital projects at institutions of higher education. The bill has an emergency clause.

EMERGENCY

H.B. 2332

Patron: Tyler

Teacher compensation; goal. Defines, for the purpose of the stated goal of the Commonwealth for teacher compensation that its public school teachers be compensated at a rate that is competitive, the term "competitive" as, at a minimum, at or above the national average teacher compensation.

H.B. 2347

Patron: Byron

Commonwealth's Development Opportunity Fund; limitation on use of moneys from the Fund. Provides that unless an exception has been granted by the Secretary of Commerce and Trade, moneys in the Commonwealth's Development Opportunity Fund shall not be used for any economic development project involving a business that relocates or expands its operations in one or more Virginia localities while simultaneously closing its operations or substantially reducing the number of its employees in another Virginia locality. Under current law, this limitation on the use of the Fund is stated as a general policy rather than as a requirement. The bill also requires the Secretary of Commerce and Trade to provide written notice to the Chairmen of the Senate Finance and House Appropriations Committees at least 48 hours prior to the final approval of the grant or loan. Currently, the notice must be provided promptly, and a time frame is not specified.

H.B. 2427

Patron: Cox

Virginia Guaranteed Assistance Program; grants. Makes several changes to the Virginia Guaranteed Assistance Program (Program),including adding requirements that (i) each student eligible for the Program receive a grant from the institution's appropriations for undergraduate student financial assistance before Commonwealth Award grants are awarded to students with equivalent remaining need, (ii) each eligible student receive a Program grant in an amount greater than Commonwealth Award grants awarded to students with equivalent remaining need, (iii) each eligible student receive a Program grant in an amount greater than the grant of each eligible student with equivalent remaining need in the next-lowest class level, and (iv) each Program grant be determined by a proportionate award schedule adopted by each institution and vary according to each student's remaining need and the total of tuition, fees, and other necessary charges, including books.

H.B. 2436

Patron: Davis

Auditor of Public Accounts; online database; register of funds expended. Requires the Commonwealth Data Point website administered by the Auditor of Public Accounts to include information for major categories of spending for each state agency and institution, including each independent agency. Currently, the Commonwealth Data Point website includes such information for only secretariats and major state agencies. In addition, the bill provides that the database shall include the name, phone number, and email address for a contact at each agency or institution.

H.B. 2455

Patron: Hodges

Tangible personal property tax; list of uncollected balances. Expands the uncollected personal property tax on vehicles for which the treasurer is required to compile a list, to include the personal property tax on trailers, semitrailers, watercraft, and manufactured homes.

H.B. 2471

Patron: Jones

Virginia Economic Development Partnership Authority; membership; powers and duties. Restructures the membership of the board of directors (the Board) of the Virginia Economic Development Partnership Authority (the Authority), designates the Board as a supervisory board within the statutory definition of "supervisory," sets out the minimum qualifications for appointments to the Board, and sets out additional powers and duties required of the Board, including development of a strategic plan for economic development, a marketing plan, and an operational plan. The bill also establishes a Division of Incentives within the Authority, a position of internal auditor, and two advisory committees and requires (i) each commissioner of the revenue to provide certain tax information and (ii) the Virginia Employment Commission to provide certain employment information to the Authority as may be necessary to facilitate the administration and enforcement by the Authority of performance agreements with businesses that have received incentive awards.