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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 22, 2019
Time and Place: 9:00 AM Shared Committee Room B

S.B. 1013 Driver's license; suspension for nonpayment of fines or costs.

Patron: Stanley

Suspension of driver's license for nonpayment of fines or costs. Repeals the requirement that the driver's license of a person convicted of any violation of the law who fails or refuses to provide for immediate payment of fines or costs be suspended. The bill also removes a provision allowing the court to require a defendant to present a summary prepared by the Department of Motor Vehicles of the other courts in which the defendant also owes fines and costs. The bill requires the Commissioner of the Department of Motor Vehicles to return or reinstate any person's driver's license that was suspended prior to July 1, 2019, solely for nonpayment of fines or costs, provided that such person has paid the applicable reinstatement fee.

A BILL to amend and reenact §§ 19.2-258.1, 19.2-354, 19.2-354.1, 33.2-503, 46.2-301, 46.2-361, 46.2-391.1, 46.2-416, 46.2-819.1, 46.2-819.3, 46.2-819.3:1, 46.2-819.5, and 46.2-1200.1 of the Code of Virginia and to repeal § 46.2-395 of the Code of Virginia, relating to suspension of driver's license for nonpayment of fines or costs.

19100084D

S.B. 1014 Interstate 73 Corridor Development Fund and Program; created.

Patron: Stanley

Interstate 73 Corridor Development Fund and Program. Establishes the Interstate 73 Corridor Development Fund and Program and reallocates to the I-73 Corridor Development Fund the $40 million from state recordation taxes that is currently allocated annually to the U.S. Route 58 Corridor Development Fund and Program, which is repealed by the bill. All provisions of the bill are contingent upon the completion of construction of and payments for Route 58.

A BILL to amend and reenact §§ 33.2-1700, 33.2-1701, and 33.2-1709 of the Code of Virginia; to amend the Code of Virginia by adding in Title 33.2 a chapter numbered 36, consisting of sections numbered 33.2-3600 and 33.2-3601; and to repeal Chapter 23 (§§ 33.2-2300 and 33.2-2301) of Title 33.2 of the Code of Virginia and the thirteenth enactment of Chapter 766 of the Acts of Assembly of 2013, relating to the Interstate 73 Corridor Development Fund and Program.

19100086D

S.B. 1030 Workers' compensation; presumption of compensability for certain diseases.

Patron: Cosgrove

Workers' compensation; presumption of compensability for certain diseases. Adds cancers of the colon, brain, or testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when firefighters and certain employees develop the cancer. The measure removes the compensability requirement that the employee who develops cancer had contact with a toxic substance encountered in the line of duty.

A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers' compensation; presumption of compensability for certain cancers.

19100983D

S.B. 1098 Small Business and Supplier Diversity, Department of; redefines "small business."

Patron: Marsden

Department of Small Business and Supplier Diversity; definitions; small business. Redefines "small business" for the purposes of programs for the Department of Small Business and Supplier Diversity and the Virginia Public Procurement Act to mean a business that together with its affiliates has both 250 or fewer employees and average annual gross receipts of $10 million or less averaged over the previous three years. The bill provides that gross receipts shall not include the cost of goods and equipment. Currently, under these programs, a business qualifies as a small business if, together with its affiliates, it has either 250 or fewer employees or average annual gross receipts of $10 million or less averaged over the previous three years.

A BILL to amend and reenact §§ 2.2-1604, 2.2-1617, and 2.2-4310 of the Code of Virginia, relating to Department of Small Business and Supplier Diversity; definitions; small business.

19101695D

S.B. 1099 DGS; guidance to state public bodies regarding purchases of materials made in the United States.

Patron: DeSteph

Department of General Services; guidance to state public bodies regarding purchases of materials made in the United States. Directs the Department of General Services to develop and maintain a guidance document assisting state public bodies to purchase (i) iron and steel that are made in the United States and (ii) manufactured goods with at least 50 percent of the constituent parts and materials originating in the United States.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 11 of Title 2.2 a section numbered 2.2-1102.1, relating to the Department of General Services; guidance to state public bodies regarding purchases of materials made in the United States.

19100468D

S.B. 1128 Historical African American cemeteries; adds three cemeteries in City of Hampton.

Patron: Locke

Historical African American cemeteries; City of Hampton. Adds three cemeteries in Hampton to the list of cemeteries for which qualified organizations may receive funds from the Department of Historic Resources for the care of historical African American cemeteries and graves. The cemeteries are Bassette's Cemetery, containing 212 eligible graves, Elmerton Cemetery, containing 339 eligible graves, and the Tucker Family Cemetery, containing 15 eligible graves.

A BILL to amend and reenact § 10.1-2211.2 of the Code of Virginia, relating to historical African American cemeteries; City of Hampton.

19101064D

S.B. 1213 Virginia Center for School and Campus Safety; threat assessment, case management tool.

Patron: Newman

Virginia Center for School and Campus Safety; threat assessment; case management tool. Requires the Virginia Center for School and Campus Safety to develop a case management tool for use by public elementary and secondary school threat assessment teams and requires such threat assessment teams to use such tool to collect and report to the Center quantitative data on its activities.

A BILL to amend and reenact §§ 9.1-184 and 22.1-79.4 of the Code of Virginia, relating to the Virginia Center for School and Campus Safety; threat assessment; case management tool.

19102329D

S.B. 1246 Virginia National Guard; state active duty pay.

Patron: Reeves

Virginia National Guard; state active duty pay. Requires all members of the Virginia National Guard who are called into state active duty to be paid an amount not less than that prescribed for a member with the rank of E-6 who has more than 18 years of service.

A BILL to amend and reenact § 44-83 of the Code of Virginia, relating to the Virginia National Guard; state active duty pay.

19101839D

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. 1258 School boards; personnel behavior analysts.

Patron: Dunnavant

School boards; personnel; behavior analysts. Requires local school boards to employ one full-time equivalent licensed behavior analyst or licensed assistant behavior analyst per five schools in the school division.

A BILL to amend and reenact §§ 22.1-253.13:2 and 22.1-274 of the Code of Virginia, relating to school boards; personnel; behavior analysts.

19101939D

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. 1317 Telecommunications companies; incentives, provision of wireless broadband services.

Patron: Edwards

Incentives for telecommunications companies; provision of wireless broadband services. Directs the Tobacco Region Revitalization Commission to award at least $10 million per year in grants to cover expenditures for the purchase and installation of wireless and broadband equipment to rural service areas in the Commonwealth. The bill defines "rural service areas" as any locality with a mean broadband download speed of less than 10 megabits per second, and a mean broadband upload speed of less than one megabit per second. The bill also establishes a sales tax exemption, which would be phased in over four years, for property sold or leased to a telecommunications company and used directly in the rendition of its public service.

A BILL to amend and reenact § 58.1-609.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 3.2-3108.1, relating to incentives for telecommunications companies; provision of wireless broadband services.

19102885D

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. 1393 Advanced Shipbuilding Production Facility Grants; grant availability dates.

Patron: Wagner

Advanced Shipbuilding Production Facility Grants; grant availability dates. Advances the period during which grants shall be available under the Advanced Shipbuilding Production Facility Grant Program to fiscal years 2021 to 2025. Under current law, such grants shall be available during fiscal years 2023 to 2027. The grants provided may not exceed $40 million in the aggregate and are subject to appropriation by the General Assembly.

A BILL to amend and reenact § 59.1-284.29 of the Code of Virginia, relating to Advanced Shipbuilding Production Facility Grants; grant availability dates.

19102727D

S.B. 1459 Port of Virginia Economic & Infrastructure Development Grant Fund & Program; extends sunset date.

Patron: Vogel

Port of Virginia Economic and Infrastructure Development Grant Fund and Program. Extends the sunset date from June 30, 2020, to June 30, 2025, for the Port of Virginia Economic and Infrastructure Development Grant Fund and Program.

A BILL to amend and reenact § 62.1-132.3:2 of the Code of Virginia, relating to Port of Virginia Economic and Infrastructure Development Grant Fund and Program.

19102224D

S.B. 1465 Workers' compensation; occupation disease presumptions, PTSD.

Patron: McPike

Workers' compensation; occupation disease presumptions; PTSD. Establishes a presumption that if certain firefighters, law-enforcement officers, hazardous materials officers, animal protection police officers, or 9-1-1 emergency call takers, dispatchers, or similarly situated employees (i) receive a diagnosis of post-traumatic stress disorder (PTSD) from a licensed physician, licensed clinical psychologist, licensed professional counselor, or licensed clinical social worker; (ii) suffer death or any impairment resulting in total or partial disability from work caused by the PTSD; and (iii) receive a statement from such a provider that the PTSD was caused by a single critical event or multiple exposures to critical events that occurred in the course of the employment, then the PTSD is an occupational disease, suffered in the line of duty, that is covered by the Virginia Workers' Compensation Act unless such presumption is overcome by a preponderance of competent evidence to the contrary. The measure provides that a "critical event" includes an event that results in serious injury or death to an individual; deals with a minor who has been injured, killed, abused, exploited, or a victim of a crime; deals with mass casualties; results in injury to or the death of a coworker; involves an immediate threat to the life of the claimant or another individual; or involves the abuse, cruelty, injury, exploitation, or death of an animal.

A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers' compensation; presumption that post-traumatic stress disorder is an occupational disease.

19103615D

S.B. 1600 Motor fuels; labeling.

Patron: Dance

Motor fuels. Requires every dispensing device used in the retail sale of motor fuel to identify the motor fuel and be labeled in accordance with a publication of the National Institute of Standards and Technology. The measure authorizes the Board of Agriculture and Consumer Services to amend or reject such identification or labeling requirements. Existing provisions regarding the labeling of motor fuel dispensing devices are removed.

A BILL to amend and reenact § 59.1-167.1 of the Code of Virginia, relating to the labeling of motor fuels.

19104096D

S.B. 1613 Driver's license; suspensions for certain non-driving related offenses.

Patron: Ebbin

Driver's license suspensions for certain non-driving related offenses. Removes the existing provisions that allow a person's driver's license to be suspended (i) when he is convicted of or placed on deferred disposition for a drug offense and (ii) for violations not pertaining to the operator or operation of a motor vehicle.

A BILL to amend and reenact §§ 18.2-251, 46.2-395, 46.2-410.1, and 46.2-1200.1 of the Code of Virginia and to repeal §§ 18.2-259.1 and 46.2-390.1 of the Code of Virginia, relating to driver's license suspensions for certain non-driving related offenses.

19103734D

S.B. 1615 Retail Sales and Use Tax; absorption of tax by a dealer.

Patron: McDougle

Retail sales and use tax; absorption of tax by a dealer. Authorizes a dealer to absorb all or a portion of the sales and use tax due on an item, so long as the dealer separately states the full amount of the tax due at the point of the sale or transaction and remits the full amount due to the Department of Taxation with the return covering the period in which the sale or transaction took place.

A BILL to amend the Code of Virginia by adding a section numbered 58.1-626.1, and to repeal § 58.1-626, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to retail sales and use tax; absorption of tax by a dealer.

19103011D

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

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

S.B. 1658 Tobacco Indemnification & Community Revitalization Fund; investments in Va. Venture Capital Accts.

Patron: Chafin

Tobacco Indemnification and Community Revitalization Fund; investments in Virginia Venture Capital Accounts. Authorizes the Tobacco Region Revitalization Commission (the Commission) to invest up to 10 percent of its annual disbursements from the Tobacco Indemnification and Community Revitalization Fund in Virginia venture capital accounts that have been certified by the Department of Taxation.

A BILL to amend and reenact §§ 3.2-3103 and 3.2-3108 of the Code of Virginia, relating to Tobacco Indemnification and Community Revitalization Fund; investments in Virginia Venture Capital Accounts.

19104403D