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2019 SESSION

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Senate Committee on Finance

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

Clerk: John Garrett
Staff: Lisa Wallmeyer
Date of Meeting: January 16, 2019
Time and Place: 9:00 AM Shared Committee Room B
Updated to add SB 999 and SB 1255: added SB1252 & SB 1371

S.B. 999 Virginia Grocery Investment Program and Fund; created, report.

Patron: Stanley

Virginia Grocery Investment Program and Fund. Creates the Virginia Grocery Investment Program and Fund to provide funding for the construction, rehabilitation, equipment upgrades, or expansion of grocery stores, small food retailers, and innovative food retail projects, defined in the bill, in underserved communities.

A BILL to amend the Code of Virginia by adding in Title 36 a chapter numbered 10.2, consisting of sections numbered 36-156.3 through 36-156.6, relating to the Virginia Grocery Investment Program and Fund.

19100087D

S.B. 1001 Virginia adjusted gross income; sale of certain crops to breweries.

Patron: Stanley

Subtractions from Virginia adjusted gross income; sale of certain crops to breweries. Provides an income tax subtraction, for purposes of computing Virginia adjusted gross income, for the income attributable to the sale of crops grown by a farmer to a brewery licensed in Virginia.

A BILL to amend and reenact § 58.1-322.02 of the Code of Virginia, relating to subtractions from Virginia adjusted gross income; sale of certain crops to breweries.

19100089D

S.B. 1023 Virginia Retirement System; retired law-enforcement officers employed as school security officers.

Patron: Cosgrove

Virginia Retirement System; retired law-enforcement officers employed as school security officers. Allows a retired law-enforcement officer to continue to receive his service retirement allowance during a subsequent period of employment by a local school division as a school security officer.

A BILL to amend and reenact § 51.1-155 of the Code of Virginia, relating to Virginia Retirement System; return to employment by retired law-enforcement officers.

19100662D

S.B. 1040 Jails, local; compensation for cost of incarceration of convicted felons.

Patron: Peake

Compensation of local jails for cost of incarceration. Provides for local jails to be compensated for the actual cost of incarcerating convicted felons at the rate calculated in the Compensation Board's annual jail cost report. Current law provides for jails to be compensated for the cost of incarceration of convicted felons as provided for in the general appropriation act.

A BILL to amend and reenact § 53.1-20.1 of the Code of Virginia, relating to compensation of local jails for cost of incarceration.

19100730D

S.B. 1070 Disposable paper and plastic bags; local taxation.

Patron: Ebbin

Local paper and plastic bag tax. Authorizes localities to impose, by ordinance, a $0.05 tax on certain disposable paper bags and disposable plastic bags provided to consumers by certain retailers. Revenues from the local tax, less $0.01 of every $0.05 collected, which the bill authorizes the retailer to retain, would be submitted to the Tax Commissioner and distributed monthly to the county or city imposing the tax. The bill requires each county or city adopting an ordinance to impose the tax to (i) specify in the ordinance that the tax revenues shall be used for pollution and litter mitigation and (ii) provide a certified copy of the ordinance to the Tax Commissioner at least six months prior to the date the tax is to become effective.

A BILL to amend the Code of Virginia by adding in Chapter 38 of Title 58.1 an article numbered 7.01, consisting of a section numbered 58.1-3832.1, relating to a local disposable paper bag and plastic bag tax.

19100634D

S.B. 1116 Plastic bags; tax in the Chesapeake Bay Watershed.

Patron: Petersen

Plastic bag tax in the Chesapeake Bay Watershed. Imposes a five-cent per bag tax on plastic bags provided to customers by certain retailers in localities located wholly within the Chesapeake Bay Watershed and directs revenues to be used to support the Chesapeake Bay Watershed Implementation Plan. The bill also allows every retailer that collects the tax to retain one cent of the five-cent tax.

A BILL to amend the Code of Virginia by adding in Chapter 38 of Title 58.1 an article numbered 7.2, consisting of a section numbered 58.1-3835, relating to plastic bag tax in the Chesapeake Bay Watershed.

19100549D

S.B. 1165 Gas severance tax, local; extends sunset provision.

Patron: Chafin

Local gas severance tax; sunset date. Extends the sunset date from January 1, 2020, to January 1, 2022, for the local gas severance tax that is dedicated to (i) the local Coal and Gas Road Improvement Fund, (ii) the Virginia Coalfield Economic Development Fund, and (iii) water, sewer, and natural gas systems and lines.

A BILL to amend and reenact § 58.1-3713 of the Code of Virginia, relating to local gas severance tax; sunset date.

19102441D

S.B. 1189 Virginia Grocery Investment Program and Fund, created.

Patron: Dance

Virginia Grocery Investment Program and Fund. Creates the Virginia Grocery Investment Program and Fund to provide funding for the construction, rehabilitation, equipment upgrades, or expansion of grocery stores, small food retailers, and innovative food retail projects, defined in the bill, in underserved communities.

A BILL to amend the Code of Virginia by adding in Title 36 a chapter numbered 10.2, consisting of sections numbered 36-156.3 through 36-156.6, relating to the Virginia Grocery Investment Program and Fund.

19101560D

S.B. 1203 Virginia Retirement System; retired law-enforcement officers employed as school security officers.

Patron: Stuart

Virginia Retirement System; retired law-enforcement officers employed as school security officers. Allows a retired law-enforcement officer to continue to receive his service retirement allowance during a subsequent period of employment by a local school division as a school security officer.

A BILL to amend and reenact §§ 51.1-155 of the Code of Virginia, relating to the Virginia Retirement System; retired law-enforcement officers employed as school security officers.

19100404D

S.B. 1227 Licensed local school board instructional or administrative employees; service retirement allowance.

Patron: Chase

Licensed local school board instructional or administrative employees; service retirement allowance. Extends from July 1, 2020, to July 1, 2025, the sunset date for provisions (i) requiring school boards, division superintendents, if so requested, and the Superintendent of Public Instruction to annually identify and report critical shortages of teachers and administrative personnel and (ii) permitting any person receiving a service retirement allowance who is hired as a local school board instructional or administrative employee required to be licensed by the Board of Education to elect to continue to receive the retirement allowance during such employment under certain conditions.

A BILL to amend and reenact the fifth enactments of Chapters 689 and 700 of the Acts of Assembly of 2001, as amended by the second enactment of Chapter 211 of the Acts of Assembly of 2003, Chapter 609 of the Acts of Assembly of 2005, the first enactment of Chapter 590 of the Acts of Assembly of 2009, and the first enactment of Chapter 326 of the Acts of Assembly of 2015, and to amend and reenact the third enactment of Chapter 563 of the Acts of Assembly of 2004, as amended by Chapters 607 and 608 of the Acts of Assembly of 2005, the second enactment of Chapter 590 of the Acts of Assembly of 2009, and the second enactment of Chapter 326 of the Acts of Assembly of 2015, relating to retirement allowance for and rehiring retired teachers and administrators.

19103037D

S.B. 1252 Cigarette taxes; definitions of noncombustible tobacco products.

Patron: Reeves

Cigarette taxes; definitions of noncombustible tobacco products. Defines, for purposes of cigarette taxes, alternative nicotine product, heated tobacco product, liquid nicotine, and nicotine vapor product. The bill also provides that the definition of cigarette includes only nicotine-containing products that produce smoke from combustion. The bill extends from November 2018 to November 2019 the conclusion of a study by the Joint Subcommittee to Evaluate Tax Preferences of options for the modernization of cigarette taxes and possible reforms to the taxation of tobacco products that will provide fairness and equity for all local governments.

A BILL to amend and reenact §§ 58.1-1000 and 58.1-1021.01 of the Code of Virginia and to amend and reenact Item 3-5.17 of Chapter 2 of the Acts of Assembly, Special Session I, of 2018, relating to cigarette tax; definitions of noncombustible tobacco products; tobacco tax study.

19102024D

S.B. 1255 Major Headquarters Workforce Grant Fund; created.

Patron: Ruff

Major Headquarters Workforce Grant Fund. Creates the Major Headquarters Workforce Grant Fund. A qualified e-commerce company that makes a capital investment of at least $2 billion in a major headquarters facility in Arlington County and that creates at least 25,000 new full-time jobs with an average annual wage of $150,000 will be eligible for up to $550 million in grants from the Fund. A qualified company may also be eligible for an additional $200 million in grants for creating an additional 12,850 new full-time jobs.

A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 22.12, consisting of a section numbered 59.1-284.31, relating to Major Headquarters Workforce Grant Fund.

19102500D

S.B. 1301 Private collectors; delinquent taxes and other charges.

Patron: Edwards

Private collectors; delinquent taxes and other charges. Allows a local treasurer to employ private collections agents to assist with the collection of delinquent amounts due other than delinquent local taxes. Current law allows only for the collection of delinquent taxes by private collections agents.

A BILL to amend and reenact § 58.1-3919.1 of the Code of Virginia, relating to private collectors; delinquent taxes and other amounts due.

19102375D

S.B. 1315 Virginia College Savings Plan; prepaid tuition contracts.

Patron: Hanger

Virginia College Savings Plan. Makes several changes to the provisions that establish the Virginia College Savings Plan (the Plan), including (i) permitting the Plan to maintain an independent disbursement system for the disbursement of prepaid tuition contract benefits and (ii) requiring each prepaid tuition contract entered into on or after July 1, 2019, to include provisions for the application of tuition prepayments, at a rate equal to the percentage of enrollment-weighted average tuition at public institutions of higher education to be determined by the board, at (a) public institutions of higher education, (b) accredited nonprofit independent or private institutions of higher education, and (c) non-Virginia public and accredited nonprofit independent or private institutions of higher education, provided that no such payment is less than the sum of tuition prepayments made, less any fees as determined by the board. The bill has an emergency clause.

A BILL to amend and reenact §§ 23.1-700, 23.1-701, 23.1-704, 23.1-706, 23.1-707, and 23.1-711 of the Code of Virginia, relating to the Virginia College Savings Plan; prepaid tuition contracts.

19101757D

EMERGENCY

S.B. 1340 Land preservation tax credits; threshold for conservation value review by DCR, lowers the threshold.

Patron: Stuart

Land preservation tax credits; threshold for conservation value review by Department of Conservation and Recreation. Lowers the threshold from $1 million to $500,000 for (i) conservation value review of land preservation tax credit applications by the Department of Conservation and Recreation and (ii) requiring a copy of the tax credit application to be filed with the Department of Conservation and Recreation.

A BILL to amend and reenact § 58.1-512 of the Code of Virginia, relating to land preservation tax credits; threshold for conservation value review by Department of Conservation and Recreation.

19102211D

S.B. 1368 Virginia College Savings Plan; prepaid tuition contracts, pricing reserves.

Patron: Norment

Virginia College Savings Plan; prepaid tuition contracts; pricing reserves. Provides that in the event that the ratio of the assets of the Virginia College Savings Plan (the Plan) to the obligations of the Plan exceeds 105 percent, the pricing reserve, which the bill defines as the percentage by which the sum of advanced payments to be made pursuant to each prepaid tuition contract of the Plan exceeds the amount estimated to be required to provide tuition at the fixed, guaranteed level that is specified in such prepaid tuition contract, shall not exceed five percent. The bill provides that in the event that the ratio of the assets of the Plan to the obligations of the Plan does not meet or exceed 105 percent, the pricing reserve may exceed five percent but shall not exceed 10 percent. The bill also requires the governing board of the Plan to provide to the House Committee on Appropriations, the Senate Committee on Finance, and the Joint Legislative Audit and Review Commission written notification and a detailed explanation of any change to the pricing reserve within 30 days of such change.

A BILL to amend the Code of Virginia by adding a section numbered 23.1-707.1, relating to the Virginia College Savings Plan; prepaid tuition contracts; pricing reserves.

19101483D

S.B. 1371 Cigarette taxes; definitions of noncombustible tobacco products.

Patron: Norment

Cigarette taxes; definitions of noncombustible tobacco products. Defines, for purposes of cigarette taxes, alternative nicotine product, heated tobacco product, liquid nicotine, and nicotine vapor product. The bill also provides that the definition of cigarette includes only nicotine-containing products that produce smoke from combustion. The bill extends from November 2018 to November 2019 the conclusion of a study by the Joint Subcommittee to Evaluate Tax Preferences of options for the modernization of cigarette taxes and possible reforms to the taxation of tobacco products that will provide fairness and equity for all local governments.

A BILL to amend and reenact §§ 58.1-1000 and 58.1-1021.01 of the Code of Virginia and to amend and reenact Item 3-5.17 of Chapter 2 of the Acts of Assembly, Special Session I, of 2018, relating to cigarette tax; definitions of noncombustible tobacco products; tobacco tax study.

19102721D

S.B. 1425 Local license tax; mobile food units.

Patron: Dunnavant

Local license tax; mobile food units. Provides that when the owner of a mobile food unit, defined as a restaurant mounted on wheels and readily moveable at any time during its operation, pays any license tax in the county or city in which the mobile food unit is registered and in which property taxes are paid, no other license shall be required in any other county, city, or town in the Commonwealth.

A BILL to amend the Code of Virginia by adding a section numbered 58.1-3715.1, relating to local license tax; mobile food units.

19102489D

S.B. 1428 Income tax; modification for certain companies; grants; Page County.

Patron: Obenshain

Income tax; modification for certain companies; grants; Page County. Adds Page County to the list of qualified localities in which a company may invest to become eligible for income tax modification. Under current law, a company is eligible for such modification if, among other things, it either (i) invests at least $5 million in new capital investment in a qualified locality and creates at least 10 jobs paying at least 150 percent of the minimum wage in a qualified locality or (ii) creates at least 50 jobs paying at least 150 percent of the minimum wage in a qualified locality.

A BILL to amend and reenact §§ 15.2-958.2:01 and 58.1-405.1 of the Code of Virginia, relating to income tax; modification for certain companies; grants; Page County.

19102459D

S.B. 1480 Virginia Law Officers' Retirement System; conservation officers.

Patron: Deeds

Virginia Law Officers' Retirement System; conservation officers. Adds conservation officers of the Department of Conservation and Recreation as members of the Virginia Law Officers' Retirement System. The bill makes conservation officers eligible to accrue retirement benefits under the Virginia Law Officers' Retirement System only for creditable service on and after July 1, 2019.

A BILL to amend and reenact § 51.1-212 of the Code of Virginia, relating to Virginia Law Officers' Retirement System; conservation officers of the Department of Conservation and Recreation.

19102066D

S.B. 1512 Cigarette tax; counties authorized to hold referendum.

Patron: Carrico

Cigarette tax; counties authorized to hold referendum. Authorizes the board of supervisors of any county to levy a tax on the sale or use of cigarettes if approved in a referendum. If approved, the tax shall not exceed five cents ($0.05) or the amount levied under state law, whichever is greater.

A BILL to amend and reenact §§ 58.1-3830 and 58.1-3831 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 58.1-3831.1, relating to cigarette tax; counties authorized to hold referendum.

19100932D

S.B. 1582 Virginia Retirement System; retired law-enforcement officers employed as school security officers.

Patron: Suetterlein

Virginia Retirement System; retired law-enforcement officers employed as school security officers. Allows a retired law-enforcement officer to continue to receive his service retirement allowance during a subsequent period of employment by a local school division as a school security officer.

A BILL to amend and reenact § 51.1-155 of the Code of Virginia, relating to Virginia Retirement System; return to employment by retired law-enforcement officers.

19103443D

S.B. 1623 Confidentiality of tax information;local tax officers sharing information with local administration.

Patron: McPike

Confidentiality of tax information; local tax officers sharing information with local administrative officers in certain localities. Authorizes a locality's commissioner of the revenue, treasurer, director of finance, or other similar local official who collects or administers taxes to share confidential tax information with such locality's financial officer and chief administrative officer, provided that such officer enters into a written nondisclosure agreement. Such authorization applies only to localities for which the Auditor of Public Accounts has made a preliminary determination of fiscal distress. Under current law, such information is prohibited from being shared between such officials unless other exemptions apply.

A BILL to amend and reenact § 58.1-3 of the Code of Virginia, relating to confidentiality of tax information; local tax officers sharing information with local administrative officers in certain localities.

19104105D