VA-West Coalition

Legislative Newsletter
February 3, 2012

Careening to Crossover

The sound and fury emanating from the halls of power in Richmond over the last few weeks has been propelled by a host of divisive issues that animate interest groups and tempt lawmakers on both sides to bear their partisan fangs. Pitched battles on the floor and in committee meetings over gun and hunting rights, abortion, and voter ID laws have otherwise obscured a host of critical business issues. With the deadline for each chamber to complete work upon its own bills, known in legislative parlance as Crossover, drawing closer, the frenzied pace of the General Assembly will only quicken next week.

Bills to Watch:
Below is a list of several pieces of legislation likely to be considered next week:

HB321/SB241 - Tax credit for corporations that contribute donations for low income students to attend private schools.

HB335 - Individual and corporate income taxes-subtraction for investment in small businesses.

HB714/SB368 - Major business facility job tax credit extension.

HB585/SB344 - Small business investment tax credit.

HB512/SB549 - Classifies as intangible personal property, and therefore subject only to state taxation (not local M&T taxes), machinery and tools purchased on or after July 1, 2012 that have not been in service for more than three years.

SB597 - Closes the so-called "Amazon" sales tax loophole.

In addition, lawmakers on the money committees in both houses will continue their work on the 2012-2014 biennial budget.

Deliberations Continue on
Health Insurance Exchange

Lawmakers continued discussions on several pieces of legislation that would create the framework for Virginia's health insurance exchange. At a Senate subcommittee hearing on Wednesday, a diverse group of industry and consumer representatives presented divergent preferences over which entity should be responsible for housing the exchange. Nearly all agreed that the state should move forward during the 2012 session on this complex process. Speaking for the McDonnell Administration, Secretary of Health and Human Resources Bill Hazel pointed out that while the Administration continues to explore what the architecture of such an exchange may look like, the Governor believes there are too many unanswered questions about federal regulations to pass a law during the 2012 session. On Tuesday, a House Commerce and Labor subcommittee declined to take action on three House proposals to set up an exchange.
House Versions
HB357
HB402
HB464
Senate Versions
SB383
SB488
SB496
SB615

The U.S. Supreme Court has scheduled oral arguments on the 2010 federal health care reform law for March 26-28th and a decision is expected by late June. Should the Court uphold this legislation, the General Assembly may convene a special session over the summer to consider legislation that would create the exchange.

Other Week 4 Highlights

Transportation Bills Meet Quick Demise

On Wednesday afternoon, the tax averse House Finance subcommittee turned into a veritable temple of doom for several bills that would have generated additional revenue for transportation. After sitting patiently through testimony on HB393 (increase motor fuels tax by 10 cents), HB422 (phased in motor fuels tax - click here for presentation on bill), and HB983 (converts motor fuels tax rate to a percentage rate), members of the committee quickly tabled each bill with little comment. The Chairman of the House Transportation Committee, Joe May, provided a thorough overview of his HB802 that would have created a new toll of 50 cents at the gas pump. May pointed out that this legislation was designed to capture around $200 million of additional revenue from all drivers, including those driving hybrids and other alternative fuel vehicles. While appreciative of May's creative approach, members declined to advance May's legislation to the full committee. Another bill (HB1241) that would index the motor fuels tax to the Department of Transportation's Transportation Services Index was carried over until next week.

Position: VA West supports long-term, dedicated, and sustainable sources of funding for transportation.

Congressional Redistricting Lawsuit Takes Interesting Turn

Earlier this week, Attorney General Ken Cuccinelli hired a former Democratic Attorney General as outside council to represent a circuit court whose authority Cuccinelli is challenging. This seemingly bizarre situation began last week after Richmond City Circuit Court Judge Richard Taylor ruled that a lawsuit challenging a recently approved General Assembly plan to redraw Virginia's 11 Congressional districts could proceed. Plaintiffs in that case contend that lawmakers were bound by the Virginia Constitution to finish redistricting in 2011, the year after the decennial census. Cuccinelli counters that the circuit court does not have jurisdiction over the case and subsequently filed a petition for a 'writ of prohibition' requesting for the Virginia Supreme Court to stop the circuit court from acting. Cuccinelli's office contends that pending deadlines associated with the Voting Rights Act and the fall electoral calendar led them to seek a ruling from the state Supreme Court. On Tuesday, the Supreme Court denied Cuccinelli's petition, prompting the Attorney General to ask the General Assembly to pass emergency legislation that would delay the state's congressional primaries by two months. The primaries are currently scheduled for June 12th. Another lawsuit challenging the Congressional redistricting plan will be heard next month in federal court. See more here and here.

Project Labor Agreement Bill Wins House Approval

Delegate Barbara Comstock's (R-Fairfax) legislation (HB33) that would neither require nor prohibit project labor agreements for state transportation and infrastructure projects passed the House on Monday despite Democratic efforts to amend the bill. Comstock argued that because the bill requires neutrality in state contracting, competition will be enhanced, driving down the cost of taxpayer supported projects. Democrats questioned the bill's necessity and impact on existing state construction contracts. A similar Senate bill (SB242) won approval with Lt. Governor casting the tie-breaking vote. Bolling argued that the legislation will strengthen Virginia's Right-to-Work Law and pro-business environment.

Position: VA West supports HB33 and SB242.

Other Headlines

McDonnell 2nd in Nat'l Journal Veepstakes

Reflections on Senate GOP Control

Stewart to Run for Lt. Governor

Chopra to Explore Run for Lt. Governor

Gingrich Claims Possible Petition Fraud?

College Tuition Outpaces Income

Virginia's Population Hits 8.1 Million

Discussion on Offshore Energy Continues

Light Bulb Bill Tabled

Important Session Dates

February 14 - Crossover

March 11 - Adjournment Sine Die

For more information, click here.

Video

To view live video or hear live audio from the House and Senate floor sessions, click here.

This format allows you to check bills and their status at a glance, by category. If you have questions along the way, please feel to contact Tori Williams at twilliams@roanokechamber.org or 540.983.0700 x 229 or 540.819.7713.

Click here to contact your legislators.

We�ll be sending out ACTION ALERTS! to enlist your help when needed. Please respond when requested. Your voice counts! If there are bills or topics you'd like us to include, let us know. We appreciate your feedback.

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VA West is monitoring bills categorized as: ARTS & TOURISM, ECONOMIC DEVELOPMENT, EDUCATION K-12, ENVIRONMENT & ENERGY, GOVERNMENT, HEALTHCARE, HIGHER EDUCATION, IMMIGRATION, OTHER, TAXATION, TRANSPORTATION FUNDING, TRANSPORTATION - AIR, RAIL & HIGHWAY, & WORKPLACE. Bills in Red have been passed by or tabled. Click on the category to go directly to that category. If you have questions about a bill or our position, please contact Tori Williams at twilliams@roanokechamber.orgor 540.983.0700
2012 Legislative Scorecard
Bill Number	Description	Position	Status
ECONOMIC DEVELOPMENT
Cosgrove	HB169 Enterprise Zones; criteria for designation	Support	Assigned App. sub: Economic Development, Agriculture and Natural Resources
Cline	HB243 Virginia Investment Partnership Act; Definitions	Support	Subcommittee on General laws recommends reporting (8-Y)
Villanueva	HB334 Virginia Public Procurement Act	Monitor	Committee on General Laws; sub: Procurement
Villanueva	HB335 Individual and Corporate Income Taxes; Subtraction for Investment in Small Businesses	Support	Committee on Finance
Kilgore	HB714 Major Business Facility Job Tax Credit	Support	Committee on Finance; Subcommittee recommends reporting (5-Y 0-N)
Yancey	HB720 Worker Retraining Tax Credit	Support	Committee on Finance
Landes	HB766 Agriculture and Forestry Industries Development Fund	Support	Committee on Agriculture, Chesapeake and Natural Resources
Landes	HB767 Dept. of Business Assistance; Small Business Job Grant Fund	Monitor	House: BLOCK PASS; Senate: Committee on General Laws and Technology
Landes	HB768 Dept. of Business Assistance; Virginia Jobs Investment Plan	Monitor	House: BLOCK PASS; Senate: Committee on General Laws and Technology
Lopez	HB783 Microenterprise Investment Tax Credits	Monitor	Committee on Finance
James	HB841 Major Business Facility Job Tax Credits and Enterprise Zone Job Creation Grants	Support	Committee on Finance
Watkins	SB79 Public Procurement Act; Bid match preference for State businesses	Monitor	Committee on General Laws and Technology: Passed by Indefinitely
Newman	SB338 Virginia Investment Partnership Act; definitions.	Support	Senate: First Constitutional Reading (40-Y 0-N)
Reeves	SB368 Major business facility job tax credit.	Support	Committee on Finance
EDUCATION K-12
Massie	HB321 Income Tax; educational improvement scholarships tax credit	Monitor	Referred to Committee on Finance from Appropriations
McClellan	Study: JLARC to Study Composite Index	Monitor	Committee Referral Pending
Greason	HB1108 Career and Technical Education Industry Certifications	Monitor	House: BLOCK VOTE (100-Y 0-N); Senate: Committee on Education and health
McClellan	HJ63 Study; Joint Legislative Audit and Review Commission; study Composite Index of Local Ability to Pay.	Monitor	Committee on Rules: Tabled
Morris	HJ110 Study; efficiency of the regionalization of school divisions and the consolidation of administrative	Monitor	Committee on Rules; sub: studies
Marsh	SJ14 Study: JLARC to Study Composite Index	Monitor	Committee on Rules
ENVIRONMENT AND ENERGY
Knight	HB176 Nutrient Credit Certification; regulations	Monitor	Committee on Agriculture, Chesapeake and Natural Resources
Marshall	HB559 Natural Gas Utility Infrastructure	Support	House: Passed (98-Y 0-N 1-A); Senate: Committee on Commerce and Labor
Merricks	HB587 Electric Transmissions Line	Support	Passed House; Senate: Committee on Labor
Sickles	HB883 Income Tax Credit; Solar Energy Equipment Systems	Support	Committee on Finance
Watkins	SB77 Nutrient Credit Certification; regulations	Monitor	Committee on Agriculture, Conservation, and Natural Resources
Norment	SB413 Renewable Energy Portfolio Standard Program	Support	Senate: Engrossed and amended as SB413E
GOVERNMENT
Massie	HB324 Tax-supported Debt of the Commonwealth	Monitor	House: Reported from Appropriations
Gilbert	HB390 Creation of New Regulatory Program	Support	Tabled by Voice Vote
Filler-Corn	HB698 Posting Conference Report on the Budget	Support	Committee on Appropriations
Robinson	HB994 Broadband Advisory Council	Support	House: BLOCK VOTE PASS; Senate: General Laws Committee
McDougle	SB117 Biennial Appropriation Act	Support	Senate: BLOCK VOTE PASS
Plum	HJ116 Constitutional amendment (first resolution); Virginia Redistricting Commission.	Monitor	Committee on Privileges and Elections
Byron	HJ141 Study; JLARC; unfunded federal mandates; report.	Support	Committee on Rules; sub: Studies
Obenshain	SB242 Public procurement; agreements with labor organizations.	Support	Senate: Passed (20-Y 20-N; Chair - Y)
Vogel	SB446 Bipartisan Redistricting Commission created.	Support	Senate: Passed (40-Y 0-N)
HEALTHCARE
Miller	HB213 Mandated health insurance benefits; essential benefits package	Support	Committee on Commerce and Labor: Subcommittee tabled by voice vote
Peace	HB264 Interstate Health Care Compact	Monitor	Continued to 2013 by voice vote
Wagner	SB518		Committee on Commerce and Labor
HIGHER EDUCATION
Putney	HB54 Higher Educational Institutions Bond Act of 2012	Support	Engrossed by house - Committee substitute HB54H1
Colgan	SB31	Support	Constitutional reading dispensed (40-Y 0-N)
Merricks	HJ97 Study; State Council of Higher Education for Va; management, structure of higher education centers	Monitor	Committee on Rules; Subcommittee recommends reporting (5-Y 0-N)
Landes	HJ108 Study; JLARC to study cost efficiency in higher education; report.	Monitor	Committee on Rules; Sub: Studies
IMMIGRATION

TAXATION
Cole	HB10 BPOL Tax	Support	House: PASS (88-Y 12-N)
Cole	HB24 BOP Tax; Certain localities required to assess on VA taxable income	Support	Committee on Finance; subcommittee recommends passing by indefinitely
Bell	HB111 Small business job creation tax credit	Support	Committee on Finance
Toscano	HB146 Virginia's Tax Preferences	Monitor	Committee on Rules; tabled by voice vote
Ransone	HB148 Income Tax, corporate; lower rate for certain businesses	Support	Committee on Commerce and Labor
Herring	HB191 Small Businesses; Tax credit for those hiring graduates of Virginia's colleges	Monitor	Committee on Finance
Comstock	HB216 Sales and Use tax exemption; certain computer equipment and enabling software	Support	Committee on Finance
Cline	HB246 Sunset Provisions on State Tax Credits	Support	Committee on Finance; sub: recommends reporting with amendments (10-Y 0-N)
Cline	HB248 Eliminates Virginia's Corporate Income Tax	Monitor	Committee on Finance
Byron	HB460 Corporate Income Tax; single sales factor apportionment for income of manufacturers	Support	Committee on Finance
Cole	HJ52 Study; Reforming Virginia's state and local tax structure	Support	Committee on Rules; sub: recommends tabling by voice vote
Purkey	HB514 Tax credits for costs to comply with excessive state regulations	Monitor	Committee on Finance
Purkey	HB512 Intangible Personal Property Tax; Machinery and Tools	Support	Committee on Finance
Comstock	HB551 Telework Expenses tax credit	Support	Committee on Finance
Merricks	HB585 Small Business Investor Tax Credit	Support	Committee on Finance
Englin	HB1030 Minimum Corporate Income Tax	Oppose	Committee on Finance; subcommittee recommends passing by indefinitely
Anderson	HB1049 STEM Tax Credit	Support	Committee on Finance
Cole	HJ52 Study; Reforming Virginia's state and local tax structure	Support	Subcommittee recommends tabling by voice vote
Stanley	SB61 Income Tax; corporate; lower rate for certain businesses	Support	Committee on Finance
Stanley	SB68 Income tax, corporate; creates industrial building rehabilitation tax credit	Support	Committee on Finance
Stanley	SB70 Retail and Sales Use Tax; two-year sales tax moratorium for construction materials and supplies	Support	Continued to 2013 in Finance
Watkins	SB78 Income Tax, corporate; taxes paid in another state	Support	Committee on Finance
Watkins	SB79 Public Procurement Act	Monitor	Committee on General Laws and Technology; passed by indefinitely
Herring	SB226 Income tax; capital gains subtraction.	Support	Committee on Finance; reported, reading dispensed
McDougle	SB344 Small Business Investor Tax Credit	Support	Senate: Read third time and passed (35-Y 0-N)
Stosch	SB462 Income tax; conformity with � 199 of the Internal Revenue Code.	Support	Committee on Finance
TRANSPORTATION FUNDING /HIGHWAYS
Cole	HB23 Transportation Trust Fund; increases amount of sales and use tax revenue dedicated to Fund	Monitor	House: Referred to Appropriations Committee; sub: Transportation
Ware	HB155 Revenue Sharing Funds for Highways	Monitor	Committee on Transportation; tabled by voice vote
Howell (Algie)	HB393 Motor fuels tax; rate increase	Support	Committee on Finance; tabled by voice vote
Watts	HB422 Transportation Funding and Administration	Monitor	Committee on Finance; tabled by voice vote
Bulova	HB427 Highway Maintenance Funds	Monitor	Committee on Transportation; reported; referred to Appropriations
Albo	HB477	Monitor	Committee on Appropriations
Poindexter	HB542	Support	Committee on Transportation
Marshall	HB575 Transportation Funding; Salem Transportation District	Support	Committee on Appropriations; sub: tabled by voice vote
Merricks	HB585 Income Tax; Small Business Investment Tax Credits	Support	Committee on Finance
Filler--Corn	HB699 Highway Maintenance Funds	Monitor	Committee on Transportation
Yancey	HB723 Transportation Funding and Administration	Monitor	Committee on Appropriations; sub: tabled by voice vote
May	HB802 Transportation Funding: Virginia Pump Toll	Support	Referred to Committee on Finance; sub: tabled by voice vote
Marshall	HB827 Transportation Districts; Repeals Allocation Formula	Oppose	Committee on Transportation
Rust	HB876 Motor Vehicle Fuels Sales Tax	Monitor	House: BLOCK VOTE PASSAGE
Alexander	HB892 Taxes on Fuels	Monitor	Committee on Finance
Albo	HB899 Transportation Funding; Motor Fuels Tax and Sales and Use Tax Revenue	Monitor	Committee on Finance
Minchew	HB909 Highway Maintenance and Construction	Oppose	Committee on Transportation; sub: tabled by voice vote
Scott	HB983 Motor Fuels Tax Rate	Support	Committee on Finance; sub: tabled by voice vote
Purkey	HB1241 Motor Fuels Tax; Indexed	Support	Committee on Finance
Obenshain	SJ2 Constitutional Amendment; Transportation Funds	Support	Continued to 2013 in Committee on Privileges and Elections
Black	SJ6 Constitutional Amendment; Transportation Funds	Support	Continued to 2013 in Committee on Privileges and Elections
Watts	HJ71 Constitutional amendment (first resolution); Transportation Funds.	Support	Committee on Privileges and Elections
TRANSPORTATION AIR , RAIL, OTHER

WORKPLACE
Bell	HJ7 Constitutional Amendment; Right-to-Work	Support	Committee on Privileges and Elections
McDougle	SJ25 Constitutional Amendment: Right to Work	Support	Continued to 2013 in Committee on Privileges and Elections
OTHER
Bell	HB5 Constitutional Amendment: Taking or Damaging of Private Property	Monitor	Committee on Privileges and Elections; sub: Constitutional Amendments Subcommittee
Comstock	HB33 Public Procurement: State agency agreements with labor organizations	Support	House: PASS (69-Y 27-N); Senate: Referred to Committee on General Laws and Technology
Crockett-Stark	HB597 Eminent Domain; Lost Profits and Access	Monitor	House: Subcommittee recommends incorporating (HB1035-Joannou) by voice vote
Bell	HB251 Congressional Redistricting	Support	Passed by house (74-Y 21-N); Passed by Senate (20-Y 19-N)
Habeeb	HJ47 Commending Milan Tobacconists on the occasion of its 100th anniversary.	Support	Passed by House; Passed by Senate
Obenshain	SB437 Eminent domain; lost profits and access.	Monitor	Committee for Courts of Justice
Bill status is current on the date of the newsletter. To find out the status after that date, click on the bill number. To learn more about a particular bill listed, click on the bill number.

VAWEST Business & Legislative Coalition
210 South Jefferson St.
Roanoke, Virginia 24011
Phone: (540) 983.0700
Fax: (540) 983.0723