February 29, 2008
The NVTC Advocate: Your Voice in Richmond

NEWS FEATURES





LEGISLATION




BREAKING NEWS

The Supreme Court of Virginia this morning struck down as unconstitutional the portions of last year's transportation package which had authorized the Northern Virginia Transportation Authority to impose taxes and fees to raise more than $300 million to address Northern Virginia's transportation funding crisis.

Statement from NVTC President & CEO Bobbie Kilberg:

"Due to the Virginia Supreme Court decision, we are deeply disappointed that we apparently no longer have in place a robust regional self-help package advanced by NVTC and our Northern Virginia business coalition partners to help address Northern Virginia's transportation funding crisis. The General Assembly acted last year in a good faith, bipartisan manner to authorize the use of these regional resources. Identifying new, dedicated, sustainable transportation funds for our region remains a top priority. Thus, the General Assembly must act next week or in a Special Session to pass legislation that corrects the deficiencies the Supreme Court has identified so we can restore the funding structure or replace it with another funding source of comparable magnitude."

Read the decision here.

You can also browse and/or locate specific bills and their status by visiting the Virginia General Assembly's Legislative Information System Web site at http://leg1.state.va.us/.

General Assembly Begins To Wrap-up Work on Bills; Focus Shifts to Budget
Budget Conferees in Ongoing Meetings to Iron-out Differences, Achieve Compromise

As anticipated, this week the Virginia House and Senate each rejected the other's budget proposal and budget conferees now must spend next week working out the differences between the two legislative bodies' budget plans.

As was reported in last week's The NVTC Advocate: Your Voice in Richmond, both budget proposals contain some good and bad news regarding the preservation and enhancement of funding for NVTC legislative priorities: the Center for Innovative Technology (CIT), university R&D, base adequacy funding for George Mason University and the Northern Virginia Community College, capital funding for institutions of higher education, a budget amendment to increase state funding for Thomas Jefferson High School for Science and Technology, the Commonwealth Technology Research Fund (CTRF) and competitive higher education research initiatives, and the Northern Virginia nursing initiative-among other items.

Many bills, including those related to database breach reporting, bonding for higher education capital needs, workforce development and technical education, and broadband deployment are in the final stages of the legislative process. Other legislation related to computer recycling, telework program activity and goals for state agencies, CIT governance and flexibility, and expanding the scope of the CTRF have been approved by the General Assembly and are currently awaiting Governor Tim Kaine's signature.

The NVTC Public Policy Team will remain in Richmond until the session adjourns on Saturday, March 8. Please contact NVTC Public Policy Manager Allison Glatfelter aglatfelter@nvtc.org with any questions or concerns you may have related to legislative activity in Richmond or the status of NVTC's legislative priorities.

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We Want to Hear from YOU: Join the NVTC Public Policy Steering Committee!

Are you interested in legislative issues that can directly impact your business? Do you want to make a difference in the future viability of the technology industry in our region and the Commonwealth? Then, join the NVTC Public Policy Steering Committee!

The NVTC Public Policy Steering Committee collects, discusses and evaluates issues and initiatives important to Northern Virginia's technology community and then prioritizes these issues to produce the annual NVTC Legislative Agenda. Our Legislative Agenda provides guidance and structure to our voice in Richmond during each session of the General Assembly.

The steering committee is a committee of the NVTC Board of Directors. However, all NVTC members are encouraged to participate in meetings and activities and to raise issues with the committee and present their views. On each Friday during the General Assembly session, the steering committee hosts conference calls to discuss legislative developments and other issues of importance and to provide input and direction to NVTC's on-the-ground lobbying team. If you are interested in becoming active in the Public Policy Steering Committee and participating in these calls, please contact Allison Glatfelter, Public Policy Manager, at aglatfelter@nvtc.org.

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LEGISLATION

Biotechnology and Nanotechnology

HB 125 Nanotechnology Subordinated Debt and Equity Investment Tax Credit
Harry R. Purkey
Provides a tax credit for individual investments in certain nanotechnology businesses.
Status: Inactive, Died in House

HB 909 Virginia Nanotechnology Authority; established
Harry R. Purkey
Establishes Virginia Nanotechnology Authority to promote development of nanotechnology in Virginia.
Status: Inactive, Died in House

HB 910 Technology, Nanotechnology and Biotechnology Investment Fund created
Harry R. Purkey
Creates the Technology, Nanotechnology and Biotechnology Investment Fund to attract technology or biotechnology companies to, or assist those companies located in, the Commonwealth.
Status: Inactive, Died in House

HB 911 Classification of certain items as intangible personal property
Harry R. Purkey
Classifies as intangible personal property idle equipment, hardware or software, of an R&D or technology, high technology or nanotechnology business.
Status: Inactive, Died in House

HB 1092 Virginia Biotechnology Investment Tax Credit
Mark D. Sickles
Creates an R&D tax credit for biotechnology companies in Virginia.
Status: Inactive, Died in House

HB 1095 Virginia Commission on Bioscience and Biotechnology
Mark D. Sickles
Establishes the Virginia Commission on Bioscience and Biotechnology within the legislative branch for studying and advancing the development and enhancement of the biosciences and biotechnology.
Status: Inactive, Died in House

HJ 248 Biosciences and biotechnology; joint subcommittee to study and advance development and enhancement.
Mark D. Sickles
Creates a study to develop and enhance biosciences and biotechnology.
Status: Senate: Referred to Committee on Rules

SB 787 Bioscience and Biotechnology, Commission on; created, report.
Mark R. Herring
Establishes the Virginia Commission on Bioscience and Biotechnology for the purpose of studying and advancing the development and enhancement of the biosciences and biotechnology in the Commonwealth.
Status: House: Referred to Committee on Rules


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Center for Innovative Technology

HB 416 Innovative Technology Authority; repealed
Robert G. Marshall
Eliminates the Innovative Technology Authority and the Center for Innovative Technology.
Status: Inactive, Died in House

HB 578 Innovative Technology Authority; Powers of Board of Directors
John A. Cosgrove Gives power to the Center for Innovative Technology (CIT) Board of Directors to name the president and staff of the CIT.
Status: Senate: Reported from Committee on General Laws and Technology

HB 748 Innovative Technology Authority; Board of Directors
C. Charles Caputo
Removes the Secretaries of Education and Commerce and Trade, as well the Director of the State Council of Higher Education, from the CIT Board of Directors.
Status: Passed by House and Senate

HJ 2 Requesting the Governor to implement recommendations of 2002 Governor's Commission on Efficiency
Robert G. Marshall
Requests that Governor Tim Kaine implement the recommendations of the Governor's Commission on Efficiency and Effectiveness.
Status: Inactive, Died in House

HJ 237 Center for Innovative Technology; innovation index; report.
Thomas Davis Rust
Requests the Center for Innovative Technology to establish a Commonwealth Innovation Index to foster the formation, retention, and expansion of technology-based economic development opportunities.
Status: Inactive, Died in House


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Technology and Computer Crimes

HB 39 Wireless telecommunications device; prohibits use of text messaging while driving certain vehicles
James M. Scott
Prohibits text messaging while driving.
Status: Passed by in Transportation with Letter by Voice Vote

HB 384 Computer trespass; alters elements of crime
R. Lee Ware, Jr.
Changes the elements needed to commit a crime of computer trespass by eliminating the "malicious" requirement.
Status: Inactive, Died in House

HB 385 Computer invasion of privacy; personal information
R. Lee Ware, Jr.
Expands the definition of personal information when determining if a computer invasion of privacy has occurred.
Status: Inactive, Died in House

HB 386 Computer crimes; exclusion of evidence
R. Lee Ware, Jr.
Requires that information gathered illegally via computer cannot be used as evidence in a civil or criminal trial or proceeding
Status: Inactive, Died in House

HB 409 Unauthorized use of person's name in Web site address; damages
H. Morgan Griffith
Provides civil cause of action for using a person's name in a Web site address without written consent.
Status: Inactive, Died in House

HB 609 Wireless telecommunications device; prohibits use of text messaging while driving certain vehicles
Albert C. Eisenberg
Prohibits text messages while driving.
Status: House: Passed by in Transportation with Letter by Voice Vote

HB 904 Use of mobile telephone and other wireless electronic devices while driving
Robert W. Mathieson
Requires hands-free mobile communications while driving.
Status: House: Continued to 2009 in Committee on Militia, Police and Public Safety


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Economic Development and Entrepreneurship

HB 125 Nanotechnology subordinated debt and equity investment tax credit
Harry R. Purkey
Provides a tax credit for angel investments in certain nanotechnology businesses.
Status: Inactive, Died in House

HB 166 Venture capital investments, investment return guarantees
Harry R. Purkey
Creates a program for Virginia to make investment return guarantees for some investments in venture capitol funds that invest in technology companies based in Virginia.
Status: Inactive, Died in House

HB 910 Technology, Nanotechnology and Biotechnology Investment Fund created
Harry R. Purkey
Creates the Technology, Nanotechnology and Biotechnology Investment Fund to attract technology or biotechnology companies to, or assist those companies located in, the Commonwealth.
Status: Inactive, Died in House

HJ 75 Businesses, private; joint subcommittee to study local incentives provided for economic development
Mark L. Cole
Establishes a joint subcommittee to study local incentives for economic development.
Status: Senate: Referred to Committee on Rules

HJ 119 Small business; Joint Legislative Audit and Review Commission to study impact of eVirginia thereon
David A. Nutter
Directs the Joint Legislative Audit and Review Commission to study the impact of eVirginia (eVA procurement system) on small businesses in the Commonwealth.
Status: Senate: Referred to Committee on Rules


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E-government

HB 1020 Freedom of Information Act; electronic meetings; interim study committees
Timothy D. Hugo
Permits interim study committees of the General Assembly to conduct meetings using electronic communications without meeting physical presence requirements for a quorum.
Status: Inactive, Died in House

SB 116 DMV service charges
Ryan T. McDougle
Imposes a fee on consumers who use a DMV consumer service center when a transaction is available electronically.
Status: On House Floor


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Electronic Medical Records

HB 247 Hospital emergency departments; ability to access electronic health records
John M. O'Bannon, III
Requires all hospitals with emergency services to have the ability to access electronic medical records.
Status: House: Continued to 2009 in Committee on Health, Welfare and Institutions by Voice Vote


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Green Technology and Energy

HB 56 Retail sales and use tax exemption; certain energy-efficient products
L. Scott Lingamfelter
Adds second sales tax holiday for certain energy-efficient products.
Status: Inactive, Died in House

HB 139 Income tax, state; tax credit for certain biodiesel fuels producers in State.
Christopher K. Peace
Allows tax credit for biodiesel fuel producers.
Status: Passed by House and Senate

HB 164 Department of General Services, Division of Engineering; use of compact fluorescent light bulbs
David E. Poisson
Requires all state-owned buildings to use compact fluorescent light bulbs by Jan. 1, 2011.
Status: Inactive, Died in House

HB 171 Virginia Resources Authority financing.
Terry G. Kilgore
Allows Virginia Resource Authority to finance local government energy efficiency projects.
Status: Passed by House and Senate

HB 219 Sales and use tax; Energy Star products tax holiday
Terry G. Kilgore
Adds second four-day tax holiday for certain Energy Star products.
Status: Inactive, Died in House

HB 239 Classification of real property; energy-efficient buildings
John A. Cosgrove
Allows energy efficient buildings that meet LEED standards to be a separate class of real estate for property tax purposes.
Status: Passed by House and Senate

HB 643 Air emissions; operators of major stationary sources of air pollution to comply with NAAQS
Clarke N. Hogan
Requires companies with stationary sources of air pollution to comply with the National Ambient Air Quality Standards (NAAQS).
Status: Inactive, Died in House

HB 646 Electrical transmission lines; State Corporation Commission review
Clarke N. Hogan
Requires the State Corporation Commission to consider the environmental impact electrical transmission lines will have and establish conditions to minimize adverse environmental impact.
Status: Inactive, Died in House

HB 647 Energy production; renewable and alternative tax credit
Clarke N. Hogan
Provides tax credit for alternative energy production at commercial facilities.
Status: House: Incorporated by Finance (HB 139 - Peace) by Voice Vote

HB 732 Income tax; energy-efficient equipment tax credit
C. Charles Caputo
Provides income tax credit for individuals and corporations who purchase energy-efficient equipment for heating, cooling and electricity for commercial property.
Status: Inactive, Died in House

HB 793 Secretary of Natural Resources; development of strategy to reduce greenhouse gas emissions
David L. Englin
Requires the Secretary of Natural Resources to develop a comprehensive plan to reduce greenhouse gas emissions.
Status: Inactive, Died in House

HB 794 Sales and use tax; Energy Star sales tax holiday
David L. Englin
Enables businesses to participate in the Energy Star sales tax holiday.
Status: House: Continued to 2009 in Finance by Voice Vote

HB 795 Sales and Use tax; Energy Star sales tax holiday
David L. Englin
Adds WaterSense-qualified products to the items that qualify for the exemption provided during the Energy Star sales tax holiday.
Status: House: Incorporated by Finance (HB 1229 - Vanderhye) by Voice Vote

HB 796 Commission on Climate Change
David L. Englin
Establishes a Commission on Climate Change in the legislative branch of government.
Status: Inactive, Died in House

HB 1014 HOV lanes; clean special fuel vehicles
Timothy D. Hugo
Extends the provision allowing vehicles bearing clean special fuel license plates to use HOV lanes regardless of number of passengers.
Status: Passed by House and Senate

HB 1019 Telecommuting; state agencies to keep savings
Timothy D. Hugo
Authorizes state agencies to retain the unappropriated balance in the General Appropriation Act realized as a direct result of implementing a telecommuting program within each individual agency.
Status: Inactive, Died in House

HB 1137 Green roof incentive programs
William H. Fralin, Jr.
Requires the Board of Housing and Community Development to create guidelines for incentive programs for use by localities to encourage the use of green roofs in the construction and remodeling of residential and commercial buildings.
Status: Inactive, Died in House

HB 1195 Department of General Services; Green Buildings Act
Brian J. Moran
Requires major facility projects of state agencies to be constructed to meet LEED standards.
Status: Inactive, Died in House

HB 1229 Sales and use tax; energy conservation products tax holiday
Margaret G. Vanderhye
Adds WaterSense products and additional Energy Star products to the Energy Star products sales tax holiday and provides for a second sales and use tax holiday.
Status: Passed by House and Senate

HB 1230 Greenhouse gas emissions; mandatory reporting
Margaret G. Vanderhye
Requires that the State Air Pollution Control Board adopt regulations requiring reporting of greenhouse gas emissions from stationary sources.
Status: Inactive, Died in House

HB 1434 Sales and use tax exemption; energy-efficient light bulbs. (Green Technology and energy)
Timothy D. Hugo
Exempts from sales and use tax Energy Star-rated light bulbs.
Status: Inactive, Died in House

HB 1533 Television Waste Recycling Act; established.
Kenneth R. Plum
Bans the disposal of covered televisions and component parts, such as solid waste.
Status: House: Continued to 2009 in Committee on Agriculture, Chesapeake and Natural Resources by Voice Vote

HB 1539 Income tax, state; tax credit for certain biodiesel fuels producers in State.
Brian J. Moran
Gives an income tax credit to biodiesel fuels producers in Virginia.
Status: House: Incorporated by Finance (HB 139 - Peace) by Voice Vote

HJ 68 LEED; DGS to adopt standards for new state office buildings
Kenneth R. Plum
Encourages the Department of General Services to adopt the LEED rating system for procurement of design and construction services for new state office buildings.
Status: Inactive, Died in House

HJ 77 Resolution; Commending "Cool Cities" and "Cool Counties" of the Commonwealth
Kenneth R. Plum
Commends localities that have joined the "Cool Cities" and "Cool Counties" initiatives.
Status: Senate: Agreed to by House and Senate

HJ 106 Fluorescent light bulbs; Recycling Markets Development Council to study costs and benefits of recycling
Shannon R. Valentine
Requests the Virginia Recycling Markets Development Council to study the costs and benefits of recycling fluorescent light bulbs that contain mercury.
Status: Inactive, Died in House

HJ 116 Energy-efficient office buildings and public buildings; joint subcommittee to study options
Timothy D. Hugo
Establishes joint subcommittee to study options for energy-efficient office buildings and public buildings.
Status: Inactive, Died in House

SB 242 Financing of energy conservation projects
Mamie Locke
Authorizes the Virginia Resources Authority to finance energy conservation and energy-efficient building projects.
Status: On House Floor

SB 280 Sales and use tax exemption; energy-efficient light bulbs
John C. Miller
Exempts from sales and use tax Energy Star-rated light bulbs.
Status: Inactive, Died in Senate

SB 320 Covenants restricting solar energy collection devices
Frank W. Wagner
Declares that any restrictive agreement that restricts the installation or use of any solar energy collection device on real property in the Commonwealth void and contrary to the public policy of the Commonwealth.
Status: On House Floor

SB 321 Environmental impact of renewable energy electric generating facilities
Frank W. Wagner
Requires the Department of Environmental Quality to consult with other state agencies that have expertise in natural resource management when considering the cumulative impact of new and proposed renewable energy electric generating facilities.
Status: On House Floor

SB 322 Renewable energy source
Frank W. Wagner
Defines municipal solid waste as source of renewable energy under the Virginia Electric Utility Restructuring Act.
Status: Passed by House and Senate

SB 324 Utility Facilities Act; renewable energy facilities
Frank W. Wagner
Excludes from the definition of a public utility any company if it is not organized as a public service company and generates and distributes renewable electric energy from a small generation facility of not more than 50 megawatts. The measure exempts such companies from the requirements of the Utility Facilities Act.
Status: Senate: Continued to 2009 in Committee on Commerce and Labor

SB 445 Funding for transportation and transportation-related alternatives
J. Chapman Petersen
Increases gas tax by $0.01 per gallon with the revenues deposited into the Biofuels Production Fund to fund grants for biofuels production.
Status: Senate: Continued to 2009 in Finance by Voice Vote

SB 446 Clean energy future
J. Chapman Petersen
Comprehensive clean energy proposal that includes renewable energy generation requirements, incentives, tax credits and green jobs training program.
Status: Inactive, Died in Senate

SB 447 Department of General Services; capital outlay projects; LEED standards applicable to certain buildings
J. Chapman Petersen
Requires many state-owned buildings to meet LEED standards.
Status: House: Assigned to General Laws Subcommittee: FOIA

SB 464 Virginia Commission on Energy
Mary Margaret Whipple
Establishes the Virginia Commission on Energy as a legislative commission.
Status: Passed by Senate

SJ 32 Study; options for energy efficient office buildings and public buildings
Linda T. Puller
Establishes a joint subcommittee to study options for promoting energy efficient buildings.
Status: Passed by Senate


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Homestead Exemption

HB 11 Constitutional amendment; exempts certain homeowners from taxation (voter referendum)
David B. Albo
Authorizes legislation allowing local governments to exempt for property tax purposes up to 20 percent of the value of residential or farm property that is the owner- occupant's primary dwelling and lived in continuously.
Status: Senate: Continued to 2009 in Privileges and Elections

HJ 3 Constitutional amendment; exempts certain homeowners from taxation (second reference)
Robert H. Brink
Authorizes legislation allowing local governments to exempt for property tax purposes up to 20 percent of the value of residential or farm property that is the owner-occupant's primary dwelling and lived in continuously.
Status: House: Incorporated by Committee on Privileges and Elections (HJ 4 - Albo)

HJ 4 Constitutional amendment; exempts certain homeowners from taxation (second reference)
David B. Albo
Authorizes legislation allowing local governments to exempt for property tax purposes up to 20 percent of the value of residential or farm property that is the owner-occupant's primary dwelling and lived in continuously.
Status: Senate: Continued to 2009 in Privileges and Elections

HJ 121 Constitutional amendment; exempts certain homeowners from taxation (second reference)
Brian J. Moran
Authorizes legislation allowing local governments to exempt for property tax purposes up to 20 percent of the value of residential or farm property that is the owner- occupant's primary dwelling and lived in continuously.
Status: House: Incorporated by Committee on Privileges and Elections (HJ 4 - Albo)

SB 9 Constitutional amendment; exempts certain homeowners from taxation (voter referendum)
Mary Margaret Whipple
Authorizes legislation allowing local governments to exempt for property tax purposes up to 20 percent of the value of residential or farm property that is the owner-occupant's primary dwelling and lived in continuously.
Status: Inactive, Died in Senate

SJ 6 Constitutional amendment; exempts certain homeowners from taxation (second reference)
Mary Margaret Whipple
Authorizes legislation allowing local governments to exempt for property tax purposes up to 20 percent of the value of residential or farm property that is the owner-occupant's primary dwelling and lived in continuously.
Status: Inactive, Died in Senate


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Immigration

HB 90 Public Procurement Act; verification of legal presence for eligibility of employment
Paul F. Nichols
Requires all public contractors and their subcontractors to register and participate in a federal Electronic Work Verification Program or similar electronic verification of work authorization program to determine that their employees and individual independent contractors are legally eligible for employment in the United States. Would have the effect of restricting offshore outsourcing.
Status: Inactive, Died in House

HB 1558 Public Procurement Act; verification of legal presence of contractors for employment.
Benjamin L. Cline
Requires all public contractors and their subcontractors to register and participate in a federal Electronic Work Verification Program or similar electronic verification of work authorization program to determine that their employees and individual independent contractors are legally eligible for employment in the United States. Would have the effect of restricting offshore outsourcing.
Status: House: Continued to 2009 in Rules by a Voice Vote

SB 426 Public Procurement Act; verification of legal presence
George L. Barker
Requires all public contractors and their subcontractors to register and participate in a federal Electronic Work Verification Program or similar electronic verification of work authorization program to determine that their employees and individual independent contractors are legally eligible for employment in the United States. Would have the effect of restricting offshore outsourcing.
Status: Inactive, Died in Senate


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Transportation Trust Fund Safeguards

HJ 29 Constitutional amendment; transportation funds (first reference)
Brian J. Moran
Attempts to safeguard the Transportation Trust Fund.
Status: House: Continued to 2009 by Committee on Privileges and Elections by Voice Vote

HJ 48 Constitutional amendment (first resolution); transportation funds
Robert G. Marshall
Attempts to safeguard the Transportation Trust Fund.
Status: House: Continued to 2009 by Committee on Privileges and Elections by Voice Vote


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Northern VA Transportation Funding

HB 451 Composition of the Northern Virginia Transportation Authority
Thomas Davis Rust
Increases the number of seats on the Northern Virginia Transportation Authority from 16 to 17 by adding a town representative.
Status: Passed by House and Senate

HJ 20 Constitutional amendment; restriction on entities that may impose taxes (first reference)
Robert G. Marshall
Creates a constitutional amendment restricting any entity other than the Commonwealth and local governments from imposing taxes. Would eliminate taxing authority of Northern Virginia Transportation Authority.
Status: House: Continued to 2009 in Committee on Privileges and Elections by Voice Vote

HJ 21 Constitutional amendment; restriction on entities that may impose taxes (first reference)
Robert G. Marshall
Creates a constitutional amendment restricting any entity other than the Commonwealth and local governments from imposing taxes. Would eliminate taxing authority of Northern Virginia Transportation Authority.
Status: House: Continued to 2009 in Committee on Privileges and Elections by Voice Vote

SB 1 Civil remedial fees on certain drivers; repealed. (Northern Virginia)
R. Edward Houck
Repeals certain abusive driver fees, increases the state motor fuels tax rate by $0.02 per gallon and repeals the sales tax on charges for labor or services in automobile repairs recently implemented as part of the Northern Virginia transportation package.
Status: On House Floor

SB 469 Transportation funding
Emmett W. Hanger, Jr.
Repeals certain abusive driver fees, increases the state motor fuels tax rate by $0.02 per gallon and repeals the sales tax on charges for labor or services in automobile repairs recently implemented as part of the Northern Virginia transportation package.
Status: Senate: Incorporated by Finance (SB 1 - Houck)

SB 729 Retail Sales & Use Tax; Northern Virginia Transportation Authority authorized to impose.
Richard L. Saslaw
Authorizes the Northern Virginia Transportation Authority to impose a 0.50 percent retail sales and use tax in the counties and cities embraced by the Authority with revenues going to the Authority.
Status: House: Referred to Committee on Rules


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Education Technology

HB 137 Textbook purchases; permits local school boards to enter into contracts with publishers
Christopher K. Peace
Permits local school boards to enter into contracts with publishers for the purchase of textbooks. The bill expands the definition of textbook to include print, electronic, online and other manipulative-based programs.
Status: Passed by House and Senate

HJ 43 Higher education institutions, online; Council of Higher Education to study establishment thereof
David E. Poisson
Asks the State Council on Higher Education to study the feasibility of establishing an online university.
Status: Inactive, Died in House

SB 356 Textbook purchasing contracts
John C. Watkins
Permits local school boards to enter into contracts with publishers for the purchase of textbooks. The bill expands the definition of textbook to include print, electronic, online and other manipulative-based programs.
Status: Passed by House and Senate


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Privacy, Database Breach and Identity Theft

HB 390 Compromised Data Notification Act; created
David L. Bulova
Creates the Comprised Data Notification Act requiring state agencies that discover a loss of personal information to give notice of the information loss.
Status: House: Incorporated by Committee on Science and Technology (HB 1469 - Byron) by Voice Vote

HB 971 Database breach notification
Stephen C. Shannon
Requires individuals and companies to disclose breaches of data security that may compromise the confidentiality of personal information.
Status: House: Incorporated by Committee on Science and Technology (HB 1469 - Byron) by Voice Vote

HB 1052 Database breach notification
Kenneth R. Plum
Requires individuals and companies to disclose breaches of data security that may compromise the confidentiality of personal information.
Status: House: Incorporated by Committee on Science and Technology (HB 1469 - Byron) by Voice Vote

HB 1469 Database breach notification.
Kathy J. Byron
Requires individuals and companies to disclose breaches of data security that may compromise the confidentiality of personal information.
Status: Senate: Referred to Committee for Courts of Justice

HB 1504 Compromised Data Notification Act.
Samuel A. Nixon, Jr.
Creates the Comprised Data Notification Act requiring state agencies that discover a loss of personal information to give notice of the information loss.
Status: Inactive, Died in House

SB 307 Database breach notification
W. Roscoe Reynolds
Requires individuals and companies to disclose breaches of data security that may compromise the confidentiality of personal information.
Status: On House Floor


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Procurement and Outsourcing

HB 90 Public Procurement Act; verification of legal presence for eligibility of employment
Paul F. Nichols
Requires all public contractors and their subcontractors to register and participate in a federal Work Verification Program or similar electronic program to ensure that their employees are eligible for employment in the United States. Would have the effect of restricting offshore outsourcing.
Status: Inactive, Died in House

HB 955 Public Private Education Facilities and Infrastructure Act of 2002; technology projects; gain sharing
Samuel A. Nixon, Jr.
Authorizes a responsible public entity to include a gain-sharing component in any interim or comprehensive agreement for a qualifying project consisting of technology infrastructure, services or applications under the Public Private Education Facilities and Infrastructure Act.
Status: On Senate Floor

HB 1030 Procurement contracts; state contractors to offer telecommuting to employees
Jeffrey M. Frederick
Requires the contractor to make every effort to offer telecommuting or alternative work schedules to its employees based on the state telecommuting and alternative work schedule guidelines except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor.
Status: Inactive, Died in House

HB 1246 Sales and use tax; taxability of certain transactions by government contractors
Timothy D. Hugo
Codifies Tax Department regulations that address Virginia's tax policies as applied to government contractors under the "true object test." Codifies that the true object test will apply to each separate work order, statement of work and task order, rather than the true object of the underlying contract between a government entity and a contractor.
Status: Inactive, Died in House

HB 1358 Procurement of services by certain state agencies
Benjamin L. Cline
Requires state agencies to list all procurements that were completed with the private sector every two years and promotes further outsourcing.
Status: Senate: Referred to General Laws and Technology Committee

HB 1390 Public institutions of higher education; operational authority
Lacey E. Putney
Provides operational authority for public institutions of higher education in the areas of information technology, procurement and capital outlay pursuant to the Restructuring Act of 2005.
Status: On Senate Floor

HB 1554 Public Procurement Act; awarding of contracts to small, women-, or minority-owned businesses.
Jennifer L. McClellan
Requires the development of a program that insures that at least 15 percent of state procurement contracts be awarded to small and women- and minority-owned businesses located in historically underutilized business zones (HUB Zones) that meet certain requirements. The bill defines the HUB Zone.
Status: Inactive, Died in House

HB 1558 Public Procurement Act; verification of legal presence of contractors for employment.
Benjamin L. Cline
Requires all public contractors and their subcontractors to register and participate in a federal Electronic Work Verification Program or similar electronic verification of work authorization program to determine that their employees and individual independent contractors are legally eligible for employment in the United States. Would have the effect of restricting offshore outsourcing.
Status: House: Continued to 2009 in Rules by Voice Vote

HJ 119 Small business; Joint Legislative Audit and Review Commission to study impact of eVirginia thereon
David A. Nutter
Directs the Joint Legislative Audit and Review Commission (JLARC) to study the impact of eVirginia (eVA procurement system) on small businesses in the Commonwealth.
Status: Senate: Referred to Committee on Rules

SJ 129 Study; JLARC to study cost of VITA services; report.
Kenneth W. Stolle
Directs the Joint Legislative Audit and Review Commission (JLARC) to study services provided to state agencies and public bodies by the Virginia Information Technologies Agency (VITA).
Status: Senate: Referred to Committee on Rules

SB 426 Public Procurement Act; verification of legal presence
George L. Barker
Requires all public contractors and their subcontractors to register and participate in a federal Electronic Work Verification Program or similar electronic verification of work authorization program to determine that their employees and individual independent contractors are legally eligible for employment in the United States. Would have the effect of restricting offshore outsourcing.
Status: Senate: Passed by Indefinitely in Committee on Courts and Justice

SB 442 Public institutions of higher education; operational authority
R. Edward Houck
Provides operational authority for public institutions of higher education in the areas of information technology, procurement and capital outlay pursuant to the Restructuring Act of 2005.
Status: On House Floor

SB 749 Public-Private Partnership Advisory Commission; changes primary staff to DGS.
Walter A. Stosch
Changes the primary staff of the Commission to the Department of General Services.
Status: House: Referred to Committee on Rules


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Real ID

HJ 42 Real ID Act; memorializing Congress to repeal or amend
Christopher K. Peace
Expresses opposition to the federal Real ID program without additional federal funding.
Status: Inactive, Died in House

SB 492 Real ID; alternative verification system
Emmett W. Hanger, Jr.
Requires Virginia agencies to develop and implement a plan to provide Virginia resident verification, as an alternative to the requirements of the federal Real ID Act of 2005. The measure specifies that Virginia shall not comply with the unfunded mandates of the Real ID Act.
Status: Senate: Continued to 2009 by Transportation by Voice Vote


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Research

HB 125 Nanotechnology subordinated debt and equity investment tax credit
Harry R. Purkey
Provides a tax credit for angel investments in certain nanotechnology businesses.
Status: Inactive, Died in House

HB 234 Commonwealth Technology Research Fund (CTRF); sensor sciences
John A. Cosgrove
Adds sensor sciences to the eligible research programs in the CTRF.
Status: Senate: Reported from General Laws and Technology Committee

HB 987 State Council of Higher Education for Virginia; creation of nonstock corporation to support research
David A. Nutter
Requires the State Council of Higher Education for Virginia to establish a nonprofit, nonstock corporation to assist the Council in supporting academic research in Virginia, encouraging research initiatives to support Virginia industry and directing the disbursement of funds for such research initiatives based on established scientific criteria from the Academic Research Initiative Fund.
Status: House: Continued to 2009 in Appropriations by Voice Vote

HB 1092 Virginia Biotechnology Investment Tax Credit
Mark D. Sickles
Creates a research and development tax credit for biotechnology companies in Virginia.
Status: House: Incorporated by Finance (HB 125 - Purkey) by Voice Vote

HB 1194 Corporate income tax; higher education research and development tax credit
Brian J. Moran
Provides tax credit for businesses that invest in R&D in Virginia's institutions of higher education.
Status: Inactive, Died in House

SB 319 Commonwealth Technology Research Fund (CTRF); sensor sciences
Frank W. Wagner
Adds sensor sciences to the list of fields eligible to receive awards from the CTRF.
Status: Passed by House and Senate


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STEM Education (K-12 and Higher Ed)

HB 92 Standards of Quality; requires that average teacher salary not be less than annual national salary
Brian J. Moran
Requires that the average teacher salary not be less than the annual national average teacher salary.
Status: Inactive, Died in House

HB 97 Diploma, advanced technical; Board of Education to establish requirements therefore
Harry R. Purkey
Allows the Board of Education to differentiate between an advanced studies diploma and an advanced technical diploma.
Status: Passed by House and Senate

HB 594 Educational Facilities Bond Act of 2008; created
Phillip A. Hamilton
Authorizes the issuance of $1.5 billion bond package for higher education and research subject to voter approval.
Status: Inactive, Died in House

HB 614 Charter school, public; definition
David E. Poisson
Expands the definition of a public charter school to include individual charter programs in a public school that deal with math, science or other areas with shortages.
Status: Inactive, Died in House

HB 898 Local sales and use tax; additional one-half percent authorized
James M. Scott
Permits any locality to impose additional one-half percent sales and use tax provided that all revenue generated from the additional tax is used solely for public educational purposes.
Status: Inactive, Died in House

HB 984 Math specialist pilot program; Department of Education to establish, report
David A. Nutter
Requires the Department of Education to establish a math specialist grant program to provide grants to six geographically diverse school divisions across the Commonwealth for the purposes of hiring math specialists.
Status: Inactive, Died in House

HB 1161 Income tax exemption; education outreach programs
Christopher B. Saxman
Allows income tax exemption for expenses incurred as part of a science-, math- or technology-related education outreach program in elementary or secondary schools.
Status: Inactive, Died in House

HB 1165 Virginia Teaching Scholarship Loan Program
Christopher B. Saxman
Expands Virginia Teaching Scholarship Loan Program to include those teacher candidates pursuing an endorsement in a math or science discipline.
Status: Inactive, Died in House

HB 1547 21st Century Capital Improvement Program; created, report.
Lacey E. Putney
Summary: Creates the 21st Century Capital Improvement Program that will provide financing for capital projects throughout the Commonwealth from a list of projects issued by the Virginia College Building Authority and the Virginia Public Building Authority, and a list of projects whose planning costs will be appropriated in the Budget Bill.
Status: Passed by House and Senate

HJ 115 Science and engineering graduates, Joint subcommittee studying shortage of; continued
Harry R. Purkey
Continues the joint subcommittee to study science and technology education in business, law and policy graduate programs in state institutions of higher education.
Status: House: Incorporated by Rules (HJ 90 - Cosgrove) by Voice Vote

HJ 127 Project Lead the Way Launch program; encouraging school divisions to consider launching
David A. Nutter
Encourages the school divisions of the Commonwealth to consider launching a Project Lead the Way program in high schools.
Status: Inactive, Died in House

SB 148 Two-year College Transfer Grant
Walter A. Stosch
Clarifies that College Transfer Grants are to institutions and not to students and eliminates the requirement to off set student financial aid by the size of grant received.
Status: House: Referred to Committee on Appropriations

SB 326 Career and technical education; industry certification
Frank W. Wagner
Requires the Board of Education to develop a plan for increasing the number of students receiving industry certification and state licensure as part of their career and technical education.
Status: House: Referred to Committee on Education

SB 581 General obligation bonds; educational facilities
Charles J. Colgan
Authorizes the issuance of $1.5 billion bond package for higher education and research subject to voter approval.
Status: Senate: Stricken from Docket


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Technology Tax Policy

HB 57 Retail Sales and Use Tax exemption; adds computers and computer-related equipment thereto
L. Scott Lingamfelter
Adds the sales of computers and computer-related equipment with a sales price of $1,500 or less to the school supplies and clothing tax-free holiday period in August.
Status: Inactive, Died in Senate

HB 106 Utility Transfers Act; acquisition or disposal of assets or of control of telephone companies
Terry G. Kilgore
Eliminates the requirement that the State Corporation Commission approve the acquisition, disposal or of control of a telephone company.
Status: House: Stricken from Docket by Commerce and Labor by Voice Vote

HB 125 Nanotechnology subordinated debt and equity investment tax credit
Harry R. Purkey
Provides a tax credit for angel investments in certain nanotechnology businesses.
Status: Inactive, Died in House

HB 170 Corporate tax subtraction and sales tax exemption for space flight entities
Terry G. Kilgore
Provides a tax exemption for ticket purchases for suborbital space flight.
Status: House: Incorporated by Finance (HB 238 - Cosgrove) by Voice Vote

HB 238 Income tax exemption for launch services and payload
John A. Cosgrove
Grants a tax exemption for income resulting from the sale of launch services for or relating to space flight.
Status: Senate: Referred to Committee on Finance

HB 442 Sales and use tax exemption; computers and computer-related equipment
Thomas Davis Rust
Adds sales of computers and computer-related equipment with a sales price of $1,500 or less to the school supplies and clothing tax-free holiday period in August.
Status: House: Incorporated by Finance (HB 57 - Lingamfelter) by Voice Vote

HB 629 VDOT regulations; fiber optic facilities
Joe T. May
Allows communication providers who are building fiber optic lines to connect to existing aerial copper lines.
Status: Inactive, Died in House

HB 630 VDOT regulations; placement of customer service drop cables
Joe T. May
Requires VDOT to allow communication companies to place service lines where their customers are located.
Status: House: Stricken from the Docket by Transportation by Voice Vote

HB 632 Resource Authority; provisions of broadband services
Joe T. May
Allows the Virginia Resource Authority to be a funding source for all broadband services.
Status: Passed by House and Senate

HB 636 Insurance notices; electronic delivery
Joe T. May
Allows insurance companies to communicate with their customers via e-mail rather than traditional mail.
Status: House: Continued to 2009 in Commerce and Labor by Voice Vote

HB 874 Income tax exemption for launch services and payload
Joseph P. Johnson, Jr.
Grants an income tax exemption for income resulting from the sale of launch services to space flight participants or launch services intended to provide individuals the training or experience of a launch, without performing an actual launch.
Status: House: Incorporated by Finance (HB 238 - Cosgrove) by Voice Vote

HB 911 Classification of certain items as intangible personal property
Harry R. Purkey
Classifies as intangible personal property (for property tax purposes) idle equipment, hardware or software, of a R&D or technology, high technology or nanotechnology business.
Status: Inactive, Died in House

HB 924 Income tax and sales and use tax; credit and exemption for certain telecommunications service
Kathy J. Byron
Creates an income tax credit and sales and use tax exemption for wireless and broadband equipment purchased by telecommunications providers for use within rural areas.
Status: House: Continued to 2009 in Finance by Voice Vote

HB 1092 Virginia biotechnology investment tax credit
Mark D. Sickles
Creates a research and development tax credit for biotechnology companies in Virginia.
Status: House: Incorporated by Finance (HB 125 - Purkey) by Voice Vote

HB 1151 Corporate tax subtraction and sales tax exemption for space flight entities
Clarence E. Phillips
Allows tax incentives for space flight entities.
Status: House: Incorporated by Finance (HB 238 - Cosgrove) by Voice Vote

HB 1433 Sales and use tax exemption; telecommunications companies.
Timothy D. Hugo
Provides a sales and use tax exemption for telecommunication companies.
Status: Inactive, Died in House

SB 117 Income tax and sales and use tax; credit and exemption for certain telecom. service providers
John S. Edwards
Creates a tax credit exemption for wireless and broadband equipment purchased by telecommunications providers within rural areas.
Status: Senate: Stricken from Docket at Request of Patron

SB 286 Income tax, state; exemption for launch services and payload to space flight participants.
William C. Wampler, Jr.
Grants an income tax exemption for income resulting from the sale of launch services to space flight participants or launch services intended to provide individuals the training or experience of a launch, without performing an actual launch.
Status: Senate: House: Assigned to Finance Subcommittee: 2

SB 401 Income tax exemption for launch services and payload
Phillip P. Puckett
Grants an income tax exemption for income resulting from the sale of launch services to space flight participants or launch services intended to provide individuals the training or experience of a launch, without performing an actual launch.
Status: Senate: Incorporated by Committee on Finance (SB 286 - Wampler)


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Telework, Telecommunications and Broadband

HB 1017 Office of Telework Promotion and Broadband Assistance; codified; sunset
Timothy D. Hugo
Codifies Executive Order 35 (2006) creating the Office of Telework Promotion and Broadband Assistance under the Secretary of Technology. The office will encourage telework as a family-friendly, business-friendly public policy that promotes workplace efficiency and reduces strain on transportation infrastructure.
Status: Passed by House and Senate

HB 1018 Definition of telecommuting
Timothy D. Hugo
Defines telecommuting as a work arrangement in which supervisors direct or permit employees to perform their usual job duties away from their central workplace at least one day per week and in accordance with work agreements.
Status: Passed by House and Senate

HB 1019 Telecommuting; state agencies to keep savings
Timothy D. Hugo
Authorizes state agencies to retain the unappropriated balance in the general appropriation act realized as a direct result of implementing a telecommuting program within the agency.
Status: Inactive, Died in House

HB 1021 State employee telecommuting goal
Timothy D. Hugo
Establishes a goal for state agencies to have 20 percent of their eligible workforce telecommuting by Jan, 1, 2010.
Status: Senate: Assigned to Committee on General Laws and Technology

HB 1030 Procurement contracts; state contractors to offer telecommuting to employees
Jeffrey M. Frederick
Requires the contractor to make every effort to offer telecommuting or alternative work schedules to its employees, based on the state telecommuting and alternative work schedule guidelines, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor.
Status: Inactive, Died in House

HB 1031 Income tax; telework expenses tax credit
Jeffrey M. Frederick
Provides a tax credit to employers for expenses incurred in allowing employees to telework pursuant to a signed telework agreement.
Status: Inactive, Died in House

HB 1563 Telecommuting; Secretary of Technology report annually to General Assembly.
James M. Scott
Requires the Secretary of Technology to work in conjunction with the Secretary of Administration and Secretary of Transportation in advising about telecommuting.
Status: Inactive, Died in House

SB 117 Income tax and sales and use tax; credit and exemption for certain telecommunications service providers
John S. Edwards
Creates a tax credit exemption for wireless and broadband equipment purchased by telecommunications providers with in rural areas.
Status: Senate: Stricken at request of Patron


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Transportation Funding

HB 41 Motor fuels tax; modifies rates of taxation thereof
James M. Scott
Allows the Commissioner of the Division of Motor Vehicles to adjust gas tax rate every six months based on formula.
Status: Inactive, Died in House

HB 94 Secondary highway system; allocates construction funds among counties based on population
Paul F. Nichols
Allocates construction funds among counties based solely on county population.
Status: House: Continued to 2009 in Transportation by Voice Vote

HB 1108 Primary system highway construction funds allocation
Thomas Davis Rust
Changes road funding formula to reflect the ratio of vehicle miles traveled on primary highways divided by the lane miles of primary highways in each highway construction district and also need.
Status: House: Stricken from Docket by Transportation by Voice Vote

HB 1385 Allocation of primary and secondary highway construction funds
Jackson H. Miller
Revises road funding formulas to allocated funding based on population.
Status: Inactive, Died in House

SB 1 Civil remedial fees on certain drivers; repealed. (Northern Virginia)
R. Edward Houck
Repeals certain abusive driver fees, increases the state motor fuels tax rate by $0.02 per gallon and repeals the sales tax on charges for labor or services in automobile repairs recently implemented as part of the Northern Virginia transportation package.
Status: On House Floor

SB 2 Retail Sales and Use Tax; eliminates exemption for certain fuels
Linda T. Puller
Extends the state and local sales taxes to gas and designates proceeds for transportation funding purposes.
Status: Senate: Continued to 2009 in Finance

SB 411 Transportation funding; motor fuels tax and abusive driver fees
Phillip P. Puckett
Repeals certain abusive driver fees and increases the motor fuels tax rate by $0.025 per gallon from $0.175 to $0.20.
Status: Senate: Incorporated by Finance (SB 1 - Houck)

SB 444 Funding for transportation and transportation-related alternatives
J. Chapman Petersen
Repeals certain abusive driver fees and increases the state motor fuels tax rate by $0.02 per gallon with one-half of the revenues deposited into the Biofuels Production Fund to fund grants for biofuels production and one-half of the revenues deposited into the Highway Maintenance and Operating Fund.
Status: Senate: Incorporated by Finance (SB 1 - Houck)

SB 469 Transportation funding
Emmett W. Hanger, Jr.
Repeals certain abusive driver fees, increases the state motor fuels tax rate by $0.02 per gallon, and repeals the sales tax on charges for labor or services in automobile repairs recently implemented as part of the Northern Virginia transportation package.
Status: Senate: Incorporated by Finance (SB 1 - Houck)


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Workforce

HB 731 Virginia Economic Development Partnership Authority; board of directors; membership
C. Charles Caputo
Adds the Chancellor of the Virginia Community College System to the Board of Directors of the Virginia Economic Development Partnership Authority to help better coordinate workforce development in Virginia.
Status: Passed by House and Senate

HB 1312 Workforce development; Governor's responsibilities
Kathy J. Byron
Provides that the strategic plan for workforce development shall be developed in coordination with the development of each Governor's comprehensive economic development policy. Designates community colleges as primary staff for Virginia Workforce Council.
Status: Passed by House and Senate

SB 756 Virginia Career Readiness Certification Program; created, report.
Frank M. Ruff
Creates the Virginia Career Readiness Certification Program to certify the workplace and college readiness skills of Virginians.
Status: Passed by House and Senate


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