NVTC

2019 Selected General Assembly Bill Tracking Index

Northern Virginia Technology Council's 2019
Selected General Assembly Bill Tracking Index

Data provided by The Division of Legislative Automated Systems (DLAS) and updated at least once a week during the Legislative Session.
Last Updated: 12:00pm on Tuesday, March 26, 2019


Blockchain

Broadband

Budget

Computer Crimes

Deferred Action for Childhood Arrivals (DACA) Related Legislation

Employment Nondiscrimination

Energy

Federal Tax Conformity, Income Tax Policy and Remote Sales Tax Collection

Labor Issues

Net Neutrality

Privacy and Data Security

Procurement

Research and Innovation

Right to Repair

Telemedicine

Trade Secrets

Transportation

Unmanned Systems

Workforce Education and Training


Blockchain
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HB 1900 Health Care Provider Credentials Data Solution Fund; created, blockchain technology.

Chief patron: Davis

Summary as introduced:
Health Care Provider Credentials Data Solution Fund; blockchain technology. Establishes the Health Care Provider Credentials Data Solution Fund for the purpose of soliciting proofs of concept to establish or improve a system for the storage and accessing of health care provider credentials data, utilizing blockchain or a similar technology, to be maintained by the Department of Health Professions. The Fund authorizes the Secretary of Health to disburse matching funds on at least a one-to-one basis to any person who demonstrates such proof of concept. This is a recommendation of the Joint Commission on Technology and Science.

01/30/19 House: Reported from Science and Technology with amendments (20-Y 2-N)
01/30/19 House: Referred to Committee on Appropriations
01/30/19 House: Assigned App. sub: Health & Human Resources
02/01/19 House: Subcommittee recommends laying on the table (5-Y 2-N)
02/05/19 House: Left in Appropriations

HB 2415 Business records; electronically registered on a blockchain self-authenticating document.

Chief patron: Davis

Summary as introduced:
Business records electronically registered on a blockchain self-authenticating. Creates a rebuttable presumption that a business record electronically registered on a blockchain is a self-authenticating document for certain facts. The bill provides that such presumption does not extend to the truthfulness, validity, or legal status of the contents of the fact or record. This bill is a recommendation of the Joint Commission on Technology and Science.

01/08/19 House: Prefiled and ordered printed; offered 01/09/19 19103576D
01/08/19 House: Referred to Committee for Courts of Justice
01/24/19 House: Assigned Courts sub: Subcommittee #3
01/28/19 House: Subcommittee recommends laying on the table (7-Y 1-N)
02/05/19 House: Left in Courts of Justice

HB 2416 Public charter schools; additional student services, etc.

Chief patron: Davis

Summary as introduced:
Public charter schools; services; approval. Establishes yellow public charter schools as a category of public charter schools at which additional student services are provided, including health care, dental care, after-school support, and nutritional support. The bill permits a yellow public charter school applicant, following a local school board decision to deny a petition for the reconsideration of the denial of its application, to appeal such denial to the Board and requires the Board to review and approve or deny such application. The bill specifies that any yellow public charter school application so approved by the Board shall remain in effect for a period not to exceed 10 years.

01/31/19 House: Read first time
02/01/19 House: Passed by for the day
02/04/19 House: Read second time and engrossed
02/05/19 House: Read third time and defeated by House (37-Y 62-N)
02/05/19 House: VOTE: DEFEATED (37-Y 62-N)

Counts: HB: 3




Broadband
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HB 2141 Local services districts; broadband and telecommunications services.

Chief patron: Thomas

Summary as passed:

Local services districts; broadband and telecommunications services. Authorizes a local governing body, with respect to a service district, to contract with a nongovernmental broadband service provider who will construct, maintain, and own communications facilities and equipment required to facilitate delivery of last-mile broadband services to unserved areas of the service district, provided that the locality documents that less than 10 percent of residential and commercial units within the project area are capable of receiving broadband service at the time the construction project is approved by the locality.

03/07/19 House: Signed by Speaker
03/09/19 Senate: Signed by President
03/11/19 House: Enrolled Bill communicated to Governor on March 11, 2019
03/11/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/18/19 House: Governor's recommendation received by House

HB 2541 Telework Promotion and Broadband Assistance, Office of; and Broadband Advisory Council, expiration.

Chief patron: Byron

Summary as passed:

Office of Telework Promotion and Broadband Assistance; Broadband Advisory Council; expiration. Extends the expiration of the Office of Telework Promotion and Broadband Assistance from July 1, 2019, to July 1, 2021. The bill also repeals the expiration of the Broadband Advisory Council, and alters and expands from 14 to 17 its total membership. This bill is identical to SB 1618.

02/21/19 Senate: Signed by President
02/25/19 House: Impact statement from DPB (HB2541ER)
02/28/19 House: Enrolled Bill communicated to Governor on February 28, 2019
02/28/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/21/19 Governor: Approved by Governor-Chapter 709 (effective 7/1/19)

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

Chief patron: Edwards

Summary as introduced:
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.

01/07/19 Senate: Prefiled and ordered printed; offered 01/09/19 19102885D
01/07/19 Senate: Referred to Committee on Commerce and Labor
01/14/19 Senate: Rereferred from Commerce and Labor (11-Y 0-N)
01/14/19 Senate: Rereferred to Finance
01/22/19 Senate: Passed by indefinitely in Finance (9-Y 7-N)

SB 1492 FOIA; exclusions, proprietary records and trade secrets.

Chief patron: Chafin

Summary as passed Senate:

FOIA; exclusions; proprietary records and trade secrets; Virginia Telecommunication Initiative. Excludes trade secrets, financial information, and research-related information supplied to the Department of Housing and Community Development (the Department) as part of any grant application submitted to the Department pursuant to certain requirements set out in the Code or pursuant to the Virginia Growth and Opportunity Board or the Virginia Telecommunication Initiative as authorized by the appropriation act from the mandatory disclosure provisions of FOIA, if such disclosure would be harmful to the competitive position of the applicant. The bill provides that in order for such trade secrets, financial information, and research-related information to be excluded, the applicant shall (i) invoke this exclusion upon submission of the data or other materials for which protection from disclosure is sought, (ii) identify with specificity the data or other material s for which protection is sought, and (iii) state the reasons why protection is necessary. The Department is directed to determine whether the requested exclusion from disclosure is necessary to protect the trade secrets or confidential proprietary information of the applicant.

02/22/19 House: Signed by Speaker
02/25/19 Senate: Impact statement from DPB (SB1492ER)
03/04/19 Senate: Enrolled Bill Communicated to Governor on March 4, 2019
03/04/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/19/19 Governor: Approved by Governor-Chapter 629 (effective 7/1/19)

SB 1618 Telework Promotion and Broadband Assistance, Office of; and Broadband Advisory Council, expiration.

Chief patron: Edwards

Summary as passed:

Office of Telework Promotion and Broadband Assistance; Broadband Advisory Council; expiration. Extends the expiration of the Office of Telework Promotion and Broadband Assistance from July 1, 2019, to July 1, 2021. The bill also repeals the expiration of the Broadband Advisory Council, and alters and expands from 14 to 17 its total membership. This bill is identical to HB 2541.

02/23/19 House: Signed by Speaker
02/25/19 Senate: Impact statement from DPB (SB1618ER)
03/04/19 Senate: Enrolled Bill Communicated to Governor on March 4, 2019
03/04/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/21/19 Governor: Approved by Governor-Chapter 710 (effective 7/1/19)

Counts: HB: 2 SB: 3




Budget
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HB 1700 Budget Bill.

Chief patron: Jones, S.C.

Summary as introduced:
Budget Bill. Amends Chapter 2, 2018 Special Session I Acts of Assembly.

03/14/19 House: Bill text as passed House and Senate (HB1700ER)
03/14/19 House: Signed by Speaker
03/14/19 Senate: Signed by President
03/18/19 House: Enrolled Bill communicated to Governor on March 18, 2019
03/18/19 Governor: Governor's Action Deadline Midnight, March 26, 2019

SB 1100 Budget Bill.

Chief patron: Norment, Hanger

Summary as introduced:
Budget Bill. Amends Chapter 2, 2018 Special Session I Acts of Assembly.

02/07/19 Senate: Passed Senate (40-Y 0-N)
02/11/19 House: Placed on Calendar
02/11/19 House: Read first time
02/11/19 House: Referred to Committee on Appropriations
02/19/19 House: Left in Appropriations

Counts: HB: 1 SB: 1




Computer Crimes
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HB 2106 Harassment by computer and electronic means; penalty.

Chief patron: Morefield

Summary as introduced:

Harassment by computer and electronic means; penalty. Provides that any person who, with the intent to coerce, intimidate, or harass any person, (i) engages in a continuing course of conduct of communication by electronic means or using a computer or computer network to make disparaging statements about such person's physical characteristics, sexuality, sexual activity, or mental or physical health or condition; (ii) creates a fake profile of such person on any Internet website or social media platform; (iii) pretends to be another person in any Internet chat room, electronic mail message, or instant electronic message; (iv) posts a real or altered image of such person on the Internet; or (v) accesses, alters, copies, or erases any content of a computer, computer network, or password protected account on any network or social media platform is guilty of a Class 1 misdemeanor. If any person age 18 or older commits such offense involving a child victim, the penalty up on conviction shall include a mandatory minimum term of confinement of 10 days and a mandatory minimum fine of $250. If any person age 18 or older has previously been convicted of such offense involving a child victim, a second or subsequent conviction involving a child victim shall include a mandatory minimum term of confinement of 30 days and a mandatory minimum fine of $500.

01/21/19 House: Referred to Committee for Courts of Justice
01/29/19 House: Assigned Courts sub: Subcommittee #1
01/30/19 House: House subcommittee amendments and substitutes offered
01/30/19 House: Subcommittee recommends laying on the table (8-Y 0-N)
02/05/19 House: Left in Courts of Justice

Counts: HB: 1




Deferred Action for Childhood Arrivals (DACA) Related Legislation
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HB 1882 In-state tuition; eligibility, certain individuals who have applied for permanent residency.

Chief patron: Keam

Summary as introduced:
Eligibility for in-state tuition; certain individuals who have applied for permanent residency. Declares eligible for in-state tuition any individual who (i) graduated from a public or private high school or program of home instruction in the Commonwealth or passed a high school equivalency examination approved by the Board of Education; (ii) registers as an entering student or is enrolled in a public institution of higher education; (iii) has submitted evidence that he or, in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis has filed, unless exempted by state law, Virginia income tax returns for at least one year prior to the date of registration or enrollment; and (iv) provides an affidavit to the public institution of higher education in which he has registered as an entering student or is enrolled stating that he has filed an application to become a permanent resident of the United States and is actively pursuing such permanent residency or will do so as soon as he becomes eligible for such permanent residency.

01/11/19 House: Assigned App. sub: Higher Education
01/17/19 House: Impact statement from DPB (HB1882)
01/25/19 House: House subcommittee amendments and substitutes offered
01/25/19 House: Subcommittee recommends laying on the table (5-Y 3-N)
02/05/19 House: Left in Appropriations

HB 2388 In-state tuition; eligibility for certain individuals.

Chief patron: Lopez

Summary as introduced:
Eligibility for in-state tuition; certain individuals. Declares eligible for in-state tuition any individual who meets certain eligibility criteria and who has filed an application for permanent residency or asylum or is under the age of 27 and is the child of an individual who has filed an application for asylum. The bill provides that any such individual shall remain eligible for in-state tuition for as long as he maintains continuous enrollment in the public institution of higher education and such application has not been denied. The bill also prohibits any student who became eligible for in-state tuition as a result of his lawful presence in the United States pursuant to approval under the Deferred Action for Childhood Arrivals program or any other federal deferred action program from being deemed ineligible for in-state tuition by virtue of the elimination or modification of any such program.

01/23/19 House: Reported from Education (16-Y 5-N)
01/23/19 House: Referred to Committee on Appropriations
01/23/19 House: Assigned App. sub: Higher Education
01/25/19 House: Subcommittee failed to recommend reporting (3-Y 5-N)
02/05/19 House: Left in Appropriations

SB 1055 In-state tuition; domicile, individuals granted Deferred Action for Childhood Arrivals.

Chief patron: Marsden

Summary as introduced:
In-state tuition; domicile; individuals granted Deferred Action for Childhood Arrivals. Declares that, absent congressional intent to the contrary, any individual currently granted Deferred Action for Childhood Arrivals by U.S. Citizenship and Immigration Services has the capacity to intend to remain in the Commonwealth indefinitely and is therefore eligible to establish domicile and receive in-state tuition charges at any public institution of higher education in the Commonwealth.

12/06/18 Senate: Prefiled and ordered printed; offered 01/09/19 19101693D
12/06/18 Senate: Referred to Committee on Education and Health
01/17/19 Senate: Incorporated by Education and Health (SB1640-Boysko) (15-Y 0-N)

SB 1148 In-state tuition; eligibility, certain individuals who have applied for permanent residency.

Chief patron: Marsden

Summary as introduced:
Eligibility for in-state tuition; certain individuals who have applied for permanent residency. Declares eligible for in-state tuition any individual who (i) graduated from a public or private high school in the Commonwealth or passed a high school equivalency examination approved by the Board of Education; (ii) registers as an entering student or is enrolled in a public institution of higher education; (iii) has submitted evidence that he or, in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis has filed, unless exempted by state law, Virginia income tax returns for at least one year prior to the date of registration or enrollment; and (iv) provides an affidavit to the public institution of higher education in which he has registered as an entering student or is enrolled stating that he has filed an application to become a permanent resident of the United States and is actively pursuing such permanent residency or will do so as soon as he becomes eligible for such permanent residency.

01/02/19 Senate: Prefiled and ordered printed; offered 01/09/19 19101694D
01/02/19 Senate: Referred to Committee on Education and Health
01/17/19 Senate: Incorporated by Education and Health (SB1640-Boysko) (15-Y 0-N)

Counts: HB: 2 SB: 2




Employment Nondiscrimination
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HB 2067 Public employment; prohibits discrimination on basis of sexual orientation or gender identity.

Chief patron: Bell, John J.

Summary as introduced:
Nondiscrimination in public employment. Prohibits discrimination in public employment on the basis of sexual orientation or gender identity, as defined in the bill. The bill also codifies for state and local government employment the current prohibitions on discrimination in employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a veteran.

01/07/19 House: Referred to Committee on Rules
01/13/19 House: Impact statement from DPB (HB2067)
01/28/19 House: Referred from Rules
01/28/19 House: Referred to Committee on General Laws
02/05/19 House: Left in General Laws

SB 998 Public employment; prohibits discrimination on basis of sexual orientation or gender identity.

Chief patron: Ebbin

Summary as introduced:
Nondiscrimination in public employment. Prohibits discrimination in public employment on the basis of sexual orientation or gender identity, as defined in the bill. The bill also codifies for state and local government employment the current prohibitions on discrimination in employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a veteran.

01/22/19 House: Read first time
01/22/19 House: Referred to Committee on Rules
02/12/19 House: Referred from Rules
02/12/19 House: Referred to Committee on General Laws
02/19/19 House: Left in General Laws

Counts: HB: 1 SB: 1




Energy
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HB 1635 Fossil fuel projects moratorium; clean energy mandates.

Chief patron: Rasoul

Summary as introduced:

Fossil fuel projects moratorium; clean energy mandates. Establishes a moratorium, effective January 1, 2020, on approval by any state agency or political subdivision of any approval required for (i) electric generating facilities that generate fossil fuel energy through the combustion of a fossil fuel resource; (ii) import or export terminals for fossil fuel resources; (iii) certain maintenance activities relating to an import or export terminal for a fossil fuel resource; (iv) gathering lines or pipelines for the transport of any fossil fuel resource that requires the use of eminent domain on private property; (v) certain maintenance activities relating to such gathering lines or pipelines; (vi) refineries of a fossil fuel resource; and (vii) exploration for any type of fossil fuel, unless preempted by applicable federal law. The measure also requires that at least 80 percent of the electricity sold by a retail electric supplier in calendar years 2028 through 2035 be generated from clean energy resources. In calendar year 2036 and every calendar year thereafter, all of the electricity sold by a retail electric supplier is required to be generated from clean energy resources. The clean energy mandates apply to a public utility or other person that sells not less than 1,000 megawatt hours of electric energy to retail customers or generates not less than 1,000 megawatt hours of electric energy for use by the person. The Director of the Department of Mines, Minerals and Energy is authorized to bring actions for injunctions to enforce these requirements. The measure requires the Department to adopt a Climate Action Plan that addresses all aspects of climate change, including mitigation, adaptation, resiliency, and assistance in the transition from current energy sources to clean renewable energy. The measure provides that residents of the Commonwealth and organizations shall have the legal standing to sue to ensure that its provisions and a ny Climate Action Plan are enforced.

01/31/19 House: VOTE: PASS BY (51-Y 48-N)
01/31/19 House: House committee, floor amendments and substitutes offered
01/31/19 House: Pending question ordered
01/31/19 House: Engrossment refused by House (12-Y 86-N)
01/31/19 House: VOTE: ENGROSSMENT REFUSED (12-Y 86-N)

HB 1686 Electric utilities; limitations on fossil fuel facilities.

Chief patron: Reid

Summary as introduced:
Electric utilities; limitations on fossil fuel facilities. Prohibits the State Corporation Commission (SCC) from issuing on or after July 1, 2019, a certificate of public convenience and necessity or granting any other permit or approval required for the construction or operation by an electric utility of a new fossil fuel facility or for the expansion or continued operation of an existing fossil fuel facility before first approving the construction and placing in service of renewable energy generation facilities having in the aggregate a rated capacity of 5,500 megawatts. The measure also prohibits the SCC on or after July 1, 2019, from authorizing or permitting an electric utility or re-permitting an existing idle fossil fuel facility to increase purchases of electric power under any agreement with another person, if the electric power is or will be generated at a fossil fuel facility, before first approving the construction and placing in service of such renewable energy generation facilities.

12/06/18 House: Referred to Committee on Commerce and Labor
01/08/19 House: Impact statement from SCC (HB1686)
01/10/19 House: Assigned C & L sub: Subcommittee #3
01/24/19 House: Subcommittee failed to recommend reporting (2-Y 7-N)
02/05/19 House: Left in Commerce and Labor

HB 1718 Electric utilities; fuel cost recovery.

Chief patron: Ware

Summary as introduced:
Electric utilities; fuel cost recovery. Requires an electric utility, as a condition of approval of any request by an electric utility for recovery through its fuel factor of costs incurred under a natural gas capacity contract not previously subject to review in a fuel factor case, to prove by a preponderance of the evidence that, at the time the contract giving rise to the costs for which recovery is sought was executed, the utility had (i) identified and determined the date and amount of new fueling resource it needed; (ii) objectively studied all available alternative fueling resource options, including options other than new capacity contract or contracts to meet the identified and determined need; and (iii) concluded on the basis of such identifications, determinations, and studies that the pipeline capacity contract or contracts were the lowest-cost available option, taking into consideration fixed and variable costs and a reasonable projection of utilization.

02/05/19 House: Read third time and passed House (57-Y 40-N 1-A)
02/05/19 House: VOTE: PASSAGE (57-Y 40-N 1-A)
02/06/19 Senate: Constitutional reading dispensed
02/06/19 Senate: Referred to Committee on Commerce and Labor
02/11/19 Senate: Passed by indefinitely in Commerce and Labor with letter (10-Y 3-N)

HB 1809 Electric utilities; renewable energy and energy efficiency programs.

Chief patron: Gooditis

Summary as introduced:
Electric utilities; renewable energy and energy efficiency programs. Requires the State Corporation Commission to conduct annual proceedings to determine if Dominion Energy Virginia and Appalachian Power are making satisfactory efforts to meet objectives established in the 2018 Grid Transformation and Security Act with respect to solar-powered and wind-powered electric generation facilities and to energy efficiency programs. The measure includes levels of new construction of such generation facilities and of electricity consumption reductions that, if attained, will establish that satisfactory efforts are being made by the utility. The measure provides that if the Commission determines that the objectives are not being made, it is required to (i) determine the amount of investment that the utility would have had to make in order to have been found to have made satisfactory efforts to meet the objective and (ii) direct the utility to credit such amount to customers' bills.

12/29/18 House: Referred to Committee on Commerce and Labor
01/08/19 House: Impact statement from SCC (HB1809)
01/10/19 House: Assigned C & L sub: Subcommittee #3
01/24/19 House: Subcommittee failed to recommend reporting (3-Y 7-N)
02/05/19 House: Left in Commerce and Labor

HB 1928 Renewable energy power purchase agreements; pilot programs.

Chief patron: Bulova

Summary as introduced:
Renewable energy power purchase agreements; pilot programs. Increases the aggregated capacity of all solar-powered or wind-powered generation facilities that are subject to third party power purchase agreements from 50 megawatts to 150 megawatts in Dominion Energy's pilot program and from seven to 21 megawatts in Appalachian Power's pilot program. The measure allows any public or private elementary or secondary school or any public or private institution of higher education to participate in Appalachian Power's pilot program; currently only nonprofit, private institutions of higher education may do so. The measure increases the maximum generation capacity of an eligible solar-powered or wind-powered generation facility from one megawatt to three megawatts. The measure also requires the State Corporation Commission to update its guidelines for the pilot program and repeals the sunset clause applicable to the pilot program in effect for Dominion Energy.

01/04/19 House: Referred to Committee on Commerce and Labor
01/10/19 House: Assigned C & L sub: Subcommittee #3
01/11/19 House: Impact statement from SCC (HB1928)
01/24/19 House: Subcommittee failed to recommend reporting (4-Y 6-N)
02/05/19 House: Left in Commerce and Labor

HB 2117 Electric utilities; retail competition, renewable energy.

Chief patron: Mullin

Summary as introduced:
Electric utilities; retail competition; renewable energy. Allows customers of an investor-owned electric utility to purchase electric energy provided 100 percent from renewable energy from any licensed supplier. The measure eliminates the condition that permits such purchases only if the investor-owned electric utility does not offer a tariff for 100 percent renewable energy. With regard to customers of an electric cooperative, the measure does not change the existing provisions that allow (i) sales of renewable power by a competitive provider only if the utility does not offer an approved tariff for electric energy provided 100 percent from renewable energy and (ii) continued purchases of renewable energy under the terms of a power purchase agreement in effect when the incumbent utility files a tariff for 100 percent renewable energy.

01/08/19 House: Referred to Committee on Commerce and Labor
01/15/19 House: Assigned C & L sub: Subcommittee #3
01/15/19 House: Impact statement from SCC (HB2117)
01/24/19 House: Subcommittee failed to recommend reporting (3-Y 6-N)
02/05/19 House: Left in Commerce and Labor

HB 2165 Income tax, state; credit for solar energy equipment.

Chief patron: Davis

Summary as introduced:
Income tax credit; solar energy equipment. Creates a nonrefundable tax credit for the purchase and installation of solar energy equipment in certain nonresidential areas for taxable years beginning on and after January 1, 2019, but before January 1, 2024. The tax credit is capped at $100,000 per individual or 35 percent of the installed cost of the system, whichever is less. The aggregate amount of credits that can be issued in a fiscal year is capped at $10 million.

01/08/19 House: Referred to Committee on Finance
01/15/19 House: Impact statement from TAX (HB2165)
01/28/19 House: Referred from Finance
01/28/19 House: Referred to Committee on General Laws
02/05/19 House: Left in General Laws

HB 2241 Green job training; creates tax credit.

Chief patron: Delaney

Summary as introduced:
Green job training tax credit. Creates an income tax credit beginning in taxable year 2019 for the expenses incurred by taxpayers in the training and transitioning of fossil fuel workers, defined in the bill, to jobs in the green energy sector. The credit equals $1,000 per employee that is transitioned to the green energy sector. In order to qualify for the credit, the worker must become employed by the taxpayer in a green job during the taxable year.

The Tax Commissioner shall establish guidelines for claiming the credit. Any unused credit may be carried forward by the taxpayer for five taxable years following the taxable year for which the credit was issued. The credit expires beginning with taxable year 2024.

01/08/19 House: Referred to Committee on Finance
01/15/19 House: Assigned Finance sub: Subcommittee #1
01/15/19 House: Impact statement from TAX (HB2241)
01/16/19 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
02/05/19 House: Left in Finance

HB 2292 Electric utilities; energy efficiency programs.

Chief patron: Sullivan

Summary as passed:

Electric utilities; energy efficiency programs. Provides that any determination by the State Corporation Commission that an energy efficiency program is not in the public interest shall include with its final order the work product and analysis conducted by the staff of the Commission in making that determination. The measure requires that if the Commission reduces the proposed budget for a program or portfolio of programs, its final order shall include an analysis of the impact such budget reduction has upon the cost-effectiveness of such program or portfolio of programs. An order by the Commission (i) finding that a program or portfolio of programs is not in the public interest or (ii) reducing the proposed budget for any program or portfolio of programs shall adhere to existing protocols for extraordinarily sensitive information. The measure provides that any utility petitioning the Commission for approval of one or more rate adjustment clauses for energy efficie ncy programs shall include a proposed budget for the design, implementation, and operation of the energy efficiency programs. The bill requires that any rate adjustment clause approved for an energy efficiency program remain in effect until the utility exhausts the approved budget for the energy efficiency program.

02/21/19 Senate: Signed by President
02/22/19 House: Impact statement from SCC (HB2292ER)
02/28/19 House: Enrolled Bill communicated to Governor on February 28, 2019
02/28/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/21/19 Governor: Approved by Governor-Chapter 741 (effective 7/1/19)

HB 2293 Electric utilities; stakeholder process for energy efficiency programs.

Chief patron: Sullivan

Summary as passed House:

Electric utilities; stakeholder process for energy efficiency programs. Requires the independent monitor chosen to facilitate the energy efficiency stakeholder process established for the purpose of providing input and feedback on the development of electric utilities' energy efficiency programs to convene meetings of the participants not less frequently than twice each calendar year between July 1, 2019, and July 1, 2028. The measure also requires the independent monitor's report on the status of the stakeholder process to address (i) the objectives established by the stakeholder group during this process related to programs to be proposed, (ii) recommendations related to programs to be proposed that result from the stakeholder process, and (iii) the status of those recommendations. Current law requires that an annual report be submitted by the utility and does not require that it include such information on the stakeholder process. This bill is identical to SB 160 5.

02/20/19 Senate: Signed by President
02/21/19 House: Enrolled Bill communicated to Governor on February 21, 2019
02/21/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/14/19 Governor: Approved by Governor-Chapter 397 (effective 7/1/19)
03/14/19 Governor: Acts of Assembly Chapter text (CHAP0397)

HB 2294 Electric and natural gas utilities; energy efficiency goals.

Chief patron: Sullivan

Summary as introduced:
Electric and natural gas utilities; energy efficiency goals. Requires investor-owned electric utilities, cooperative electric utilities, and investor-owned natural gas distribution utilities to meet incremental annual energy efficiency goals. Electric utilities are required to implement cost-effective energy efficiency measures to achieve the goal of two percent savings by 2034 and thereafter, with interim goals that start at 0.25 percent for 2020-2021 and increase in biennial increments of 0.25 percent until 2034. Gas utilities are required to achieve the goal of one percent savings by 2034 and thereafter, with interim goals that start at 0.125 percent for 2020-2021 and increase in biennial increments of 0.125 percent until 2034. The utilities are required to submit energy efficiency plans with the State Corporation Commission (SCC). The SCC (i) shall order changes to a plan submitted by a utility that does not demonstrate that the utility will achieve incremental annual energy efficiency goals; (ii) shall require utilities to commence compliance efforts with the incremental annual energy efficiency goals during calendar year 2020, though it may adjust the goal for 2020 if appropriate to address a partial year of implementation; (iii) may design performance incentives that reward utilities for exceeding efficiency goals; (iv) shall require utilities to report annually to the SCC on their efforts and progress in meeting the incremental annual energy efficiency goals; and (v) shall submit reports regarding compliance with the requirements of the incremental annual energy efficiency goals every five years.

01/08/19 House: Referred to Committee on Commerce and Labor
01/12/19 House: Impact statement from SCC (HB2294)
01/15/19 House: Assigned C & L sub: Subcommittee #3
01/24/19 House: Subcommittee failed to recommend reporting (2-Y 6-N)
02/05/19 House: Left in Commerce and Labor

HB 2460 Income tax, state; credit for solar energy equipment.

Chief patron: Jones, J.C.

Summary as introduced:
Income tax credit; solar energy equipment. Creates a nonrefundable tax credit for the purchase and installation of solar energy equipment in certain nonresidential areas for taxable years beginning on and after January 1, 2019, but before January 1, 2024. The tax credit is capped at $100,000 per individual or 35 percent of the installed cost of the system, whichever is less. The aggregate amount of credits that can be issued in a fiscal year is capped at $10 million.

01/15/19 House: Impact statement from TAX (HB2460)
01/23/19 House: House committee, floor amendments and substitutes offered
01/28/19 House: Referred from Finance
01/28/19 House: Referred to Committee on General Laws
02/05/19 House: Left in General Laws

HB 2500 Electric utilities; mandatory renewable energy portfolio standard.

Chief patron: Sullivan

Summary as introduced:
Electric utilities; mandatory renewable energy portfolio standard. Replaces the existing voluntary renewable energy portfolio standard program with a mandatory renewable portfolio standard program that requires each investor-owned electric utility to generate or purchase, from facilities in the Commonwealth, increasing percentages of electric power that is generated from qualifying renewable sources. The required percentages start at a minimum of 20 percent of the total electric energy sold in 2020. The required percentages increase in steps until 2027; in that year and thereafter, at least 80 percent of the total electric energy sold is required to be generated from qualifying renewable sources. A utility that fails to comply with an RPS standard established for a year is required to pay a compliance fee of 10 cents for each kilowatt-hour by which it failed to meet the standard.

01/09/19 House: Referred to Committee on Commerce and Labor
01/15/19 House: Assigned C & L sub: Subcommittee #3
01/24/19 House: Subcommittee failed to recommend reporting (1-Y 7-N)
01/25/19 House: Impact statement from SCC (HB2500)
02/05/19 House: Left in Commerce and Labor

HB 2547 Electric utilities; net energy metering.

Chief patron: Hugo

Summary as passed:

Electric utilities; net energy metering. Establishes requirements for net energy metering by electric cooperatives effective upon the earlier of July 1, 2019, or the effective date of implementing regulations by the State Corporation Commission. Instances where the new net energy metering program's requirements differ from those of the existing program include (i) the cap on the capacity of generating facilities, which will initially be two percent of system peak for residential customers, two percent of system peak for not-for-profit and nonjurisdictional customers, and one percent of system peak for other nonresidential customers; (ii) authorizing an electric cooperative to raise these caps up to a cumulative total of seven percent of its system peak; (iii) legalizing third-party partial requirements power purchase agreements for those retail customers and nonjurisdictional customers of an electric cooperative that are exempt from federal income taxation; and (iv) establishing registration requirements for third-party partial requirements power purchase agreements, including a self-certification system under which a provider is required to affirm certain information to Commission staff, under penalty of revocation of its registration. The measure authorizes the board of directors of an electric cooperative to adjust its rates, terms, conditions, and rate schedules governing net energy metering and prohibits a cooperative after the date of such an adjustment from collecting stand-by charges. The measure authorizes an electric cooperative to adopt a new rate schedule or rider containing demand charges based upon a net energy metering customer's noncoincident peak demand and provides for alternative caps on its net energy metering program. The measure authorizes a cooperative's fixed monthly charge covering the fixed costs of owning and operating its electric distribution system as an alternative to volumetric charges associated with dem and and to and to rebalance among any of the fixed monthly charge, distribution demand, and distribution energy charges. The measure authorizes an investor-owned utility participating in the pilot program for community solar development to move the Commission to make its pilot program permanent. The measure also requires Dominion Power to (a) convene a stakeholder process, using an independent facilitator, to make recommendations to the utility concerning issues related to the implementation of advanced metering technology and related investments in customer information systems; (b) submit to the Commission for approval retail rate schedules designed to offer time-varying pricing; and (c) submit to the Commission for approval an incentive program for the installation of solar equipment for customers served under time-varying retail rate schedules that have advanced-metering technology equipment.

02/21/19 Senate: Signed by President
02/22/19 House: Impact statement from SCC (HB2547ER)
02/28/19 House: Enrolled Bill communicated to Governor on February 28, 2019
02/28/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/21/19 Governor: Approved by Governor-Chapter 742 (effective 7/1/19)

HB 2621 Rezoning and site plan approval; decommissioning solar energy equipment, etc.

Chief patron: Ingram

Summary as passed:

Site plan approval; decommissioning certified solar energy equipment, facilities, or devices. Requires a locality, as part of the local legislative approval process or as a condition of approval of a site plan, to require an owner, lessee, or developer of real property to enter into a written agreement to decommission solar energy equipment, facilities, or devices upon certain terms and conditions, including right of entry by the locality and financial assurance. This bill is identical to SB 1091.

02/22/19 House: Signed by Speaker
02/22/19 Senate: Signed by President
03/04/19 House: Enrolled Bill communicated to Governor on March 4, 2019
03/04/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/21/19 Governor: Approved by Governor-Chapter 743 (effective 7/1/19)

SB 1091 Rezoning and site plan approval; decommissioning solar energy equipment, etc.

Chief patron: Reeves

Summary as passed:

Site plan approval; decommissioning certified solar energy equipment, facilities, or devices. Requires a locality, as part of the local legislative approval process or as a condition of approval of a site plan, to require an owner, lessee, or developer of real property to enter into a written agreement to decommission solar energy equipment, facilities, or devices upon certain terms and conditions, including right of entry by the locality and financial assurance. This bill incorporates SB 1398 and is identical to HB 2621.

02/18/19 House: Signed by Speaker
02/19/19 Senate: Signed by President
02/20/19 Senate: Enrolled Bill Communicated to Governor on February 20, 2019
02/20/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/21/19 Governor: Approved by Governor-Chapter 744 (effective 7/1/19)

SB 1111 Electric utilities; rate abatement offsetting consequences of reduced consumption.

Chief patron: Marsden

Summary as introduced:
Electric utilities; rate abatement offsetting consequences of reduced consumption. Requires each electric utility to provide eligible customers with a rate abatement that ensures that residential, commercial, and industrial customers are not subjected to higher rates per unit of consumption due to decreased consumption resulting from the customer's implementation of not less than $10,000 in investments in energy efficiency. The abatement shall be provided for not less than 20 years following the completion of the material investment in energy efficiency or conservation products or services. The measure requires the State Corporation Commission to adopt regulations to implement this requirement.

12/23/18 Senate: Prefiled and ordered printed; offered 01/09/19 19103383D
12/23/18 Senate: Referred to Committee on Commerce and Labor
01/08/19 Senate: Impact statement from SCC (SB1111)
01/31/19 Senate: Stricken at request of Patron in Commerce and Labor (14-Y 0-N)

SB 1456 Distributed renewable energy; promotes establishment of solar and other renewable energy.

Chief patron: McClellan

Summary as introduced:
Distributed renewable energy. Promotes the establishment of distributed renewable solar and other renewable energy. The measure (i) removes the one percent cap on the total amount of renewable energy that can be net metered in a utility's service territory, (ii) authorizes third-party power purchase agreements for all customer classes throughout the Commonwealth, (iii) allows local governments and certain other public bodies to install solar or wind facilities of up to five megawatts on government-owned property and use the electricity for government-owned buildings, (iv) allows all net metering customers to attribute output from a single solar array to multiple meters, (v) allows the owner of a multi-family residential building or the common areas of a condominium to install a renewable energy generation facility and sell the electricity to tenants or condominium unit owners, (vi) removes the restriction on customers installing a net-metered generation facility larger than that required to meet their previous 12 months' demand, (vii) raises the cap for net-metered nonresidential generation facilities from one megawatt to two megawatts, and (viii) removes the ability of utilities to assess standby charges. The measure also amends the Commonwealth Energy Policy to include provisions supporting distributed generation of renewable energy.

01/08/19 Senate: Prefiled and ordered printed; offered 01/09/19 19103827D
01/08/19 Senate: Referred to Committee on Commerce and Labor
01/28/19 Senate: Passed by indefinitely in Commerce and Labor (10-Y 3-N)

SB 1460 Renewable energy power purchase agreements; pilot programs.

Chief patron: McClellan

Summary as introduced:
Renewable energy power purchase agreements; pilot programs. Makes any educational institution eligible to participate in Appalachian Power Company's pilot program for certain third party power purchase agreements. With respect to Dominion Power's pilot program, the measure increases from 50 megawatts to 150 megawatts the aggregated capacity of all solar-powered or wind-powered generation facilities that are subject to the third party power purchase agreements. With respect to Appalachian Power Company's pilot program, the measure increases from seven megawatts to 21 megawatts the aggregated capacity of all solar-powered or wind-powered generation facilities that are subject to the third party power purchase agreements. The measure also increases from one megawatt to three megawatts the maximum size of any generation facility that is subject to the third party power purchase agreement. The measure also (i) repeals the sunset clause applicable to the pilot program in effect for Dominion Energy and (ii) authorizes the State Corporation Commission to update its relevant regulations.

01/08/19 Senate: Prefiled and ordered printed; offered 01/09/19 19102468D
01/08/19 Senate: Referred to Committee on Commerce and Labor
01/14/19 Senate: Impact statement from SCC (SB1460)
01/28/19 Senate: Passed by indefinitely in Commerce and Labor (10-Y 3-N)

SB 1584 Electric utilities; retail competition, renewable energy.

Chief patron: Suetterlein

Summary as introduced:
Electric utilities; retail competition; renewable energy. Allows customers of an investor-owned electric utility to purchase electric energy provided 100 percent from renewable energy from any licensed supplier. The measure eliminates the condition that permits such purchases only if the investor-owned electric utility does not offer a tariff for 100 percent renewable energy. With regard to customers of an electric cooperative, the measure does not change the existing provisions that allow (i) sales of renewable power by a competitive provider only if the utility does not offer an approved tariff for electric energy provided 100 percent from renewable energy and (ii) continued purchases of renewable energy under the terms of a power purchase agreement in effect when the incumbent utility files a tariff for 100 percent renewable energy.

01/09/19 Senate: Prefiled and ordered printed; offered 01/09/19 19101812D
01/09/19 Senate: Referred to Committee on Commerce and Labor
01/16/19 Senate: Impact statement from SCC (SB1584)
01/28/19 Senate: Passed by indefinitely in Commerce and Labor (11-Y 1-N 1-A)

Counts: HB: 15 SB: 5




Federal Tax Conformity, Income Tax Policy and Remote Sales Tax Collection
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HB 1722 Remote sales & use tax collection; sufficient activity by dealers & marketplace facilitators, etc.

Chief patron: Bloxom

Summary as passed:

Remote sales and use tax collection; sufficient activity by dealers and marketplace facilitators as to require registration for sales and use tax collection. Directs the Department of Taxation (the Department) to require a remote seller to collect sales and use tax if the seller has more than $100,000 in annual gross revenue from sales in Virginia or at least 200 sales transactions in Virginia and requires a marketplace facilitator, which enables marketplace sellers to sell in Virginia through its marketplace, to collect sales and use tax if its annual gross revenue from facilitated sales in Virginia exceeds $100,000 or it facilitates at least 200 sales transactions in Virginia. The bill provides that the obligation of remote sellers and marketplace facilitators to collect sales and use tax shall not apply to transactions occurring before July 1, 2019.

The bill provides that in administering remote sales and use tax collection, the Department shall provide information to remote sellers to allow them to identify state and local tax rates and exemptions. For auditing purposes, the Department is directed to allow a remote seller to complete a single audit covering all localities. The bill requires the Department to give remote sellers at least 30 days' notice of any change in tax rate.

The bill provides that if a remote seller or marketplace facilitator collects an incorrect amount of tax, it shall be relieved of liability for failure to collect the correct amount if the error is the result of its reliance on information provided by Virginia. The bill also relieves a marketplace facilitator of liability if it collects an incorrect amount of tax based on certain incorrect information provided by a seller or purchaser.

The bill repeals several contingent provisions of previous related bills that would take effect if the United States Congress enacted legislation related to remote sales and use tax collection. The bill contains technical corrections. This bill is identical to SB 1083.

02/15/19 House: Impact statement from TAX (HB1722ER)
02/15/19 House: Signed by Speaker
02/15/19 Senate: Signed by President
02/19/19 House: Enrolled Bill communicated to Governor on February 19, 2019
02/19/19 Governor: Governor's Action Deadline Midnight, March 26, 2019

HB 1851 Income tax, state; advances conformity of the Commonwealth's tax code with the federal tax code.

Chief patron: Peace

Summary as introduced:

Virginia income tax; emergency. Advances conformity of the Commonwealth's tax code with the federal tax code to December 31, 2018, starting with taxable year 2018. The bill increases, starting with taxable year 2019, the amount of the standard deduction (i) from $3,000 to $6,000 for an individual or for married persons filing separately and (ii) from $6,000 to $12,000 for married persons filing jointly. Starting in 2020, the bill adjusts Virginia's standard deduction by the percentage increase in the Chained Consumer Price Index for All Urban Consumers (C-CPI-U) for the previous taxable year. In taxable year 2026, the standard deduction would return to $3,000 for an individual or a married person filing jointly and $6,000 for married persons filing jointly, coincident with the expiration of the individual income tax provisions of the federal Tax Cuts and Jobs Act (TCJA). Beginning in taxable year 2020, the individual tax brackets and the personal deductions will also be adjusted by the percentage increase of the C-CPI-U for the previous taxable year.

The bill reduces the corporate income tax from its current rate of six percent to five and one-half percent in 2018 and to five percent in 2019 and subsequent years. The bill provides that any additional revenues generated by the TCJA, beyond those revenues necessary to offset the reduction in revenues resulting from the provisions of the bill, shall be transferred to the Tax Policy Fund, created by the bill, to be used to provide tax reform to Virginia taxpayers starting in fiscal year 2020. The bill contains an emergency clause.

EMERGENCY

01/02/19 House: Prefiled and ordered printed with emergency clause; offered 01/09/19 19101658D
01/02/19 House: Referred to Committee on Rules
01/20/19 House: Impact statement from TAX (HB1851)
02/05/19 House: Left in Rules

HB 1980 Income tax, state; conformity, increase in standard deduction.

Chief patron: McNamara

Summary as introduced:
Income tax; conformity; increase in standard deduction; emergency. Advances conformity of the Commonwealth's tax code with the federal tax code to December 31, 2018, and conforms to federal provisions that Virginia previously deconformed from, including the bonus depreciation deduction and the carry back of net operating losses.

The bill increases, for taxable years 2018 through 2025, the amount of the standard deduction to $6,000 for single individuals and married individuals filing separately and $12,000 for married couples. Under current law, the standard deduction is $3,000 for single individuals and married individuals filing separately and $6,000 for married couples. The bill contains an emergency clause.

EMERGENCY

01/07/19 House: Prefiled and ordered printed with emergency clause; offered 01/09/19 19102946D
01/07/19 House: Referred to Committee on Rules
01/29/19 House: Impact statement from TAX (HB1980)
02/05/19 House: Left in Rules

HB 2086 Income tax, state; conformity, increase in standard deduction, refundable income tax credit.

Chief patron: Watts

Summary as introduced:
Income tax; conformity; increase in standard deduction; refundable income tax credit for low-income taxpayers; emergency. Advances conformity of the Commonwealth's tax code with the federal tax code to December 31, 2018. However, for taxable years 2018 through 2025, the bill deconforms from the provisions of Public Law 115-97, known as the "Tax Cuts and Jobs Act," that would suspend the overall limitation on itemized deductions.

The bill increases, for taxable years 2018 through 2025, the amount of the standard deduction to $4,500 for single individuals and $9,000 for married couples. Under current law, the standard deduction is $3,000 for single individuals and $6,000 for married couples. The bill adjusts Virginia's standard deduction for taxable years 2019 through 2025 by the percentage increase in the Chained Consumer Price Index for all Urban Consumers (C-CPI-U) for the previous taxable year. The bill contains an emergency clause.

The bill allows low-income individuals and married persons to claim either (i) a nonrefundable income tax credit equal to $300 for each individual, his spouse, and any dependents or (ii) an income tax credit equal to 20 percent of the federal earned income tax credit, a portion of which would be refundable. Fifty percent of the value of the credit would be refundable in taxable year 2018, and the refundable portion would increase by five percent each year, becoming fully refundable starting in taxable year 2028. Under current law, low-income individuals and married persons may elect either of these amounts; however, both options for claiming the credit are nonrefundable.

EMERGENCY

01/07/19 House: Prefiled and ordered printed with emergency clause; offered 01/09/19 19103890D
01/07/19 House: Referred to Committee on Rules
01/28/19 House: Impact statement from TAX (HB2086)
02/05/19 House: Left in Rules

HB 2090 Remote sales & use tax collection; sufficient activity by dealers & marketplace facilitators, etc.

Chief patron: Watts

Summary as introduced:
Remote sales and use tax collection; sufficient activity by dealers and marketplace facilitators as to require registration for sales and use tax collection. Directs the Department of Taxation (the Department) to require a remote seller to collect sales and use tax if the seller has more than $100,000 in annual gross revenue from sales in Virginia or at least 200 sales transactions in Virginia and requires a marketplace facilitator, which enables marketplace sellers to sell in Virginia through its marketplace, to collect sales and use tax if its annual gross revenue from facilitated sales in Virginia exceeds $100,000 or it facilitates at least 200 sales transactions in Virginia. The bill provides that the obligation of remote sellers and marketplace facilitators to collect sales and use tax shall not apply to transactions occurring before July 1, 2019.

The bill provides that in administering remote sales and use tax collection, the Department shall provide information to remote sellers to allow them to identify state and local tax rates and exemptions. For auditing purposes, the Department is directed to allow a remote seller to complete a single audit covering all localities. The bill requires the Department to give remote sellers at least 30 days' notice of any change in tax rate.

The bill provides that if a remote seller or marketplace facilitator collects an incorrect amount of tax, it shall be relieved of liability for failure to collect the correct amount if the error is the result of its reliance on information provided by Virginia. The bill also relieves a marketplace facilitator of liability if it collects an incorrect amount of tax based on certain incorrect information provided by a seller or purchaser.

The bill repeals several contingent provisions of previous related bills that would take effect if the United States Congress enacted legislation related to remote sales and use tax collection. The bill contains technical corrections.

01/07/19 House: Prefiled and ordered printed; offered 01/09/19 19103667D
01/07/19 House: Referred to Committee on Rules
01/18/19 House: Impact statement from TAX (HB2090)
02/05/19 House: Left in Rules

HB 2110 Virginia income tax; advances conformity of the Commonwealth's tax code with the federal tax code.

Chief patron: Freitas

Summary as introduced:

Virginia income tax; emergency. Advances conformity of the Commonwealth's tax code with the federal tax code to December 31, 2018, starting with taxable year 2018. The bill increases, starting with taxable year 2019, the amount of the standard deduction (i) from $3,000 to $6,000 for an individual or for married persons filing separately and (ii) from $6,000 to $12,000 for married persons filing jointly. Starting in 2020, the bill adjusts Virginia's standard deduction by the percentage increase in the Chained Consumer Price Index for All Urban Consumers (C-CPI-U) for the previous taxable year. In taxable year 2026, the standard deduction would return to $3,000 for an individual or a married person filing jointly and $6,000 for married persons filing jointly, coincident with the expiration of the individual income tax provisions of the federal Tax Cuts and Jobs Act (TCJA). Beginning in taxable year 2020, the individual tax brackets and the personal deductions will also be adjusted by the percentage increase of the C-CPI-U for the previous taxable year.

The bill reduces the corporate income tax from its current rate of six percent to five and one-half percent in 2018 and to five percent in 2019 and subsequent years. The bill provides that any additional revenues generated by the TCJA, beyond those revenues necessary to offset the reduction in revenues resulting from the provisions of the bill, shall be transferred to the Tax Policy Fund, created by the bill, to be used to provide tax reform to Virginia taxpayers starting in fiscal year 2020. The bill contains an emergency clause.

EMERGENCY

01/08/19 House: Prefiled and ordered printed with emergency clause; offered 01/09/19 19101621D
01/08/19 House: Referred to Committee on Rules
01/21/19 House: Impact statement from TAX (HB2110)
02/05/19 House: Left in Rules

HB 2355 Commonwealth's taxation system; conformity with the Internal Revenue Code.

Chief patron: Jones, S.C.

Summary as passed House:

Conformity of the Commonwealth's taxation system with the Internal Revenue Code. Advances conformity of the Commonwealth's tax code with the federal tax code to December 31, 2018, including conformity to the federal Tax Cuts and Jobs Act (TCJA). The bill also makes technical amendments.

Under the provisions of the bill, for fiscal years 2019 and 2020, any additional revenues generated as a result of the temporary individual income tax provisions of the TCJA shall be transferred to the Taxpayer Relief Fund, created in the bill. The bill requires the Department of Taxation to submit a plan, before August 1, 2019, to the General Assembly to refund such revenues to taxpayers.

02/05/19 House: VOTE: PASSAGE (67-Y 32-N)
02/06/19 Senate: Constitutional reading dispensed
02/06/19 Senate: Referred to Committee on Finance
02/07/19 House: Impact statement from TAX (HB2355EH1)
02/08/19 Senate: Incorporated by Finance (HB2529-Hugo) (12-Y 0-N)

HB 2529 Income tax, state; conformity of taxation system with the IRC.

Chief patron: Hugo

Summary as passed:

Income tax; conformity. Advances conformity of the Commonwealth's tax code with the federal tax code to December 31, 2018, effective starting in taxable year 2018. Starting in taxable year 2019, the bill deconforms from the provisions of the federal Tax Cuts and Jobs Act (TCJA) that limit the deduction for state and local taxes and that suspend the overall limit on itemized deductions.

The bill establishes income tax subtractions starting in taxable year 2018 for Global Intangible Low-Taxed Income (GILTI) and for one-fifth of the amount of business interest that is disallowed as a deduction from federal income tax.

The bill increases the standard deduction to $4,500 for single individuals and $9,000 for married persons filing jointly for taxable years 2019 through 2025. Under current law, the standard deduction is $3,000 for single individuals and $6,000 for married couples filing jointly.

The bill provides for a refund, not to exceed a taxpayer's tax liability of up to $110 for individuals and $220 for married persons filing a joint return. The refund will be issued in October 2019 and will be available only for a taxpayer filing a final return by July 2019. The refunds will be reduced and prorated if the additional revenues generated by the TCJA are insufficient to fully fund the refunds.

The bill establishes the Taxpayer Relief Fund (the Fund). For fiscal years 2019 through 2025, any additional revenues attributable to the TCJA, beyond those necessary to fund the provisions of the bill, would accrue to the Fund. The bill directs the General Assembly to appropriate money from the Fund to enact permanent or temporary tax reform measures.

The bill contains an emergency clause and is identical to SB 1372.

EMERGENCY

02/13/19 Senate: Signed by President
02/13/19 House: Enrolled Bill communicated to Governor on February 13, 2019
02/13/19 Governor: Governor's Action Deadline Midnight, February 20, 2019
02/15/19 Governor: Approved by Governor-Chapter 17 (effective 2/15/19)
02/15/19 Governor: Acts of Assembly Chapter text (CHAP0017)

HB 2534 VITA; required information security training program for state employees.

Chief patron: Ayala

Summary as introduced:
Virginia Information Technologies Agency; required information security training program for state employees. Requires the Chief Information Officer of the Virginia Information Technologies Agency (the CIO) to develop and annually update a curriculum and materials for training all state employees in information security awareness and in proper procedures for detecting, assessing, reporting, and addressing information security threats by November 1, 2019. The bill requires every state agency, beginning January 1, 2020, to provide annual information security training for each of its employees using the curriculum and materials developed by the CIO.

01/09/19 House: Prefiled and ordered printed; offered 01/09/19 19101789D
01/09/19 House: Referred to Committee on Science and Technology
01/21/19 House: House committee, floor amendments and substitutes offered
01/21/19 House: Impact statement from DPB (HB2534)
02/05/19 House: Left in Science and Technology

HB 2535 Digital services; protection for minors.

Chief patron: Ayala

Summary as introduced:
Digital services; protection for minors. Requires the operator of a digital service, which is defined as a website, online service, online application, or mobile application, to permit minors to remove, or to request and obtain removal of, content or information posted on a digital service. The measure prohibits an operator of a digital service directed to minors from marketing or advertising to minors specified products or services that minors are prohibited from buying. The measure also prohibits marketing or advertising certain products on the basis of personal information specific to a minor or knowingly using, disclosing, compiling, or allowing a third party to do so. Violations are prohibited practices under the Virginia Consumer Protection Act. The measure has a delayed effective date of January 1, 2020.

01/09/19 House: Prefiled and ordered printed; offered 01/09/19 19100968D
01/09/19 House: Referred to Committee on Science and Technology
01/24/19 House: Impact statement from DPB (HB2535)
02/05/19 House: Left in Science and Technology

SB 1083 Remote sales & use tax collection; sufficient activity by dealers & marketplace facilitators, etc.

Chief patron: Ruff

Summary as passed:

Remote sales and use tax collection; sufficient activity by dealers and marketplace facilitators as to require registration for sales and use tax collection. Directs the Department of Taxation (the Department) to require a remote seller to collect sales and use tax if the seller has more than $100,000 in annual gross revenue from sales in Virginia or at least 200 sales transactions in Virginia and requires a marketplace facilitator, which enables marketplace sellers to sell in Virginia through its marketplace, to collect sales and use tax if its annual gross revenue from facilitated sales in Virginia exceeds $100,000 or it facilitates at least 200 sales transactions in Virginia. The bill provides that the obligation of remote sellers and marketplace facilitators to collect sales and use tax shall not apply to transactions occurring before July 1, 2019.

The bill provides that in administering remote sales and use tax collection, the Department shall provide information to remote sellers to allow them to identify state and local tax rates and exemptions. For auditing purposes, the Department is directed to allow a remote seller to complete a single audit covering all localities. The bill requires the Department to give remote sellers at least 30 days' notice of any change in tax rate.

The bill provides that if a remote seller or marketplace facilitator collects an incorrect amount of tax, it shall be relieved of liability for failure to collect the correct amount if the error is the result of its reliance on information provided by Virginia. The bill also relieves a marketplace facilitator of liability if it collects an incorrect amount of tax based on certain incorrect information provided by a seller or purchaser.

The bill repeals several contingent provisions of previous related bills that would take effect if the United States Congress enacted legislation related to remote sales and use tax collection. The bill contains technical corrections. The bill incorporates SB 1120, SB 1267, SB 1294, SB 1337, SB 1390, SB 1500, SB 1601, and SB 1767 and is identical to HB 1722.

02/18/19 House: Signed by Speaker
02/19/19 Senate: Signed by President
02/20/19 Senate: Impact statement from TAX (SB1083ER)
02/20/19 Senate: Enrolled Bill Communicated to Governor on February 20, 2019
02/20/19 Governor: Governor's Action Deadline Midnight, March 26, 2019

SB 1120 Motor fuels tax; rate of taxation.

Chief patron: Petersen

Summary as introduced:

Motor fuels tax; rate of taxation. Repeals the enactment clause from Chapter 766 of the Acts of Assembly of 2013 (the transportation funding bill) that would automatically lower the rate of taxation on motor fuels if Congress were to enact legislation granting states the authority to compel remote sellers to collect and remit sales and use tax. The bill was incorporated into SB 1083.

12/26/18 Senate: Prefiled and ordered printed; offered 01/09/19 19101652D
12/26/18 Senate: Referred to Committee on Finance
01/24/19 Senate: Incorporated by Finance (SB1083-Ruff) (14-Y 0-N)

SB 1211 Income tax, state; conformity; standard deduction.

Chief patron: Chafin

Summary as introduced:
Virginia income tax; conformity; standard deduction; emergency. Advances conformity of the Commonwealth's tax code with the federal tax code to December 31, 2018, including conformity to the federal Tax Cuts and Jobs Act. The bill raises Virginia's standard deduction to $6,000 per taxpayer or $12,000 for married persons filing jointly for taxable year 2018. In future tax years, the deduction will be adjusted by a percentage equal to the difference in the Chained Consumer Price Index for All Urban Consumers between the current year and 2018. The bill also contains an emergency clause.

EMERGENCY

01/04/19 Senate: Prefiled and ordered printed with emergency clause; offered 01/09/19 19101501D
01/04/19 Senate: Referred to Committee on Finance
01/20/19 Senate: Impact statement from TAX (SB1211)
01/30/19 Senate: Passed by indefinitely in Finance (16-Y 0-N)

SB 1225 Income tax, state; advances conformity of the Commonwealth's tax code with the federal tax code.

Chief patron: Chase

Summary as introduced:
Virginia income tax; emergency. Advances conformity of the Commonwealth's tax code with the federal tax code to December 31, 2018, starting with taxable year 2018. The bill increases, starting with taxable year 2019, the amount of the standard deduction (i) from $3,000 to $6,000 for an individual or for married persons filing separately and (ii) from $6,000 to $12,000 for married persons filing jointly. Starting in 2020, the bill adjusts Virginia's standard deduction by the percentage increase in the Chained Consumer Price Index for All Urban Consumers (C-CPI-U) for the previous taxable year. In taxable year 2026, the standard deduction would return to $3,000 for an individual or a married person filing jointly and $6,000 for married persons filing jointly, coincident with the expiration of the individual income tax provisions of the federal Tax Cuts and Jobs Act (TCJA). Beginning in taxable year 2020, the individual tax brackets and the personal deductions will also be adjusted by the percentage increase of the C-CPI-U for the previous taxable year.

The bill reduces the corporate income tax from its current rate of six percent to five and one-half percent in 2018 and to five percent in 2019 and subsequent years. The bill provides that any additional revenues generated by the TCJA, beyond those revenues necessary to offset the reduction in revenues resulting from the provisions of the bill, shall be transferred to the Tax Policy Fund, created by the bill, to be used to provide tax reform to Virginia taxpayers starting in fiscal year 2020. The bill contains an emergency clause.

EMERGENCY

01/04/19 Senate: Prefiled and ordered printed with emergency clause; offered 01/09/19 19102178D
01/04/19 Senate: Referred to Committee on Finance
01/21/19 Senate: Impact statement from TAX (SB1225)
01/30/19 Senate: Passed by indefinitely in Finance (16-Y 0-N)

SB 1237 Income tax, state; itemization.

Chief patron: DeSteph

Summary as introduced:

Individual income tax; itemization. Allows an individual taxpayer to itemize deductions for state income tax purposes regardless of whether he elects to itemize deductions on his federal return for taxable years 2018 through 2025. Current law requires a taxpayer to claim the standard deduction on his state return if he claims the standard deduction on his federal return. The bill contains an emergency clause. The bill was incorporated into SB 1372.

EMERGENCY

01/05/19 Senate: Prefiled and ordered printed with emergency clause; offered 01/09/19 19103462D
01/05/19 Senate: Referred to Committee on Finance
01/19/19 Senate: Impact statement from TAX (SB1237)
01/30/19 Senate: Incorporated by Finance (SB1372-Norment) (16-Y 0-N)

SB 1267 Remote sales and use tax collection; sufficient activity by dealers and marketplace facilitators.

Chief patron: Stuart

Summary as introduced:

Remote sales and use tax collection; sufficient activity by dealers and marketplace facilitators as to require registration for sales and use tax collection; transportation funding. Directs the Department of Taxation (the Department) to require a remote seller to collect sales and use tax if the seller has more than $100,000 in annual gross revenue from sales in Virginia or at least 200 sales transactions in Virginia and requires a marketplace facilitator, which enables marketplace sellers to sell in Virginia through its marketplace, to collect sales and use tax if its annual gross revenue from facilitated sales in Virginia exceeds $100,000 or it facilitates at least 200 sales transactions in Virginia. The bill provides that the obligation of remote sellers and marketplace facilitators to collect sales and use tax shall not apply to transactions occurring before July 1, 2019.

The bill provides that in administering remote sales and use tax collection, the Department shall provide information to remote sellers to allow them to identify state and local tax rates and exemptions. For auditing purposes, the Department is directed to allow a remote seller to complete a single audit covering all localities. The bill requires the Department to give remote sellers at least 30 days' notice of any change in tax rate.

The bill provides that if a remote seller or marketplace facilitator collects an incorrect amount of tax, it shall be relieved of liability for failure to collect the correct amount if the error is the result of its reliance on information provided by Virginia. The bill also relieves a marketplace facilitator of liability if it collects an incorrect amount of tax based on certain incorrect information provided by a seller or purchaser.

The bill allocates revenue from the state portion of remote sales and use tax collection to the Transportation Trust Fund but requires the revenue to be spent only to fund improvements to existing roads. The bill distributes the local portion to localities based on point of sale.

The bill repeals several contingent provisions of previous related bills that would take effect if the United States Congress enacted legislation related to remote sales and use tax collection. The bill contains technical corrections.

The bill was incorporated into SB 1083.

01/07/19 Senate: Prefiled and ordered printed; offered 01/09/19 19100508D
01/07/19 Senate: Referred to Committee on Finance
01/20/19 Senate: Impact statement from TAX (SB1267)
01/24/19 Senate: Incorporated by Finance (SB1083-Ruff) (14-Y 0-N)

SB 1294 Remote sales & use tax collection; sufficient activity by dealers & marketplace facilitators, etc.

Chief patron: Howell

Summary as introduced:

Remote sales and use tax collection; sufficient activity by dealers and marketplace facilitators as to require registration for sales and use tax collection. Directs the Department of Taxation (the Department) to require a remote seller to collect sales and use tax if the seller has more than $100,000 in annual gross revenue from sales in Virginia or at least 200 sales transactions in Virginia and requires a marketplace facilitator, which enables marketplace sellers to sell in Virginia through its marketplace, to collect sales and use tax if its annual gross revenue from facilitated sales in Virginia exceeds $100,000 or it facilitates at least 200 sales transactions in Virginia. The bill provides that the obligation of remote sellers and marketplace facilitators to collect sales and use tax shall not apply to transactions occurring before July 1, 2019.

The bill provides that in administering remote sales and use tax collection, the Department shall provide information to remote sellers to allow them to identify state and local tax rates and exemptions. For auditing purposes, the Department is directed to allow a remote seller to complete a single audit covering all localities. The bill requires the Department to give remote sellers at least 30 days' notice of any change in tax rate.

The bill provides that if a remote seller or marketplace facilitator collects an incorrect amount of tax, it shall be relieved of liability for failure to collect the correct amount if the error is the result of its reliance on information provided by Virginia. The bill also relieves a marketplace facilitator of liability if it collects an incorrect amount of tax based on certain incorrect information provided by a seller or purchaser.

The bill repeals several contingent provisions of previous related bills that would take effect if the United States Congress enacted legislation related to remote sales and use tax collection. The bill contains technical corrections.

The bill was incorporated into SB 1083.

01/07/19 Senate: Prefiled and ordered printed; offered 01/09/19 19103666D
01/07/19 Senate: Referred to Committee on Finance
01/18/19 Senate: Impact statement from TAX (SB1294)
01/24/19 Senate: Incorporated by Finance (SB1083-Ruff) (14-Y 0-N)

SB 1320 Commonwealth's taxation system; conformity with the Internal Revenue Code.

Chief patron: Hanger

Summary as introduced:

Conformity of the Commonwealth's taxation system with the Internal Revenue Code; emergency. Advances conformity of the Commonwealth's tax code with the federal tax code to December 31, 2018, including conformity to the federal Tax Cuts and Jobs Act. The bill also makes technical amendments and contains an emergency clause. The bill was incorporated into SB 1372.

EMERGENCY

01/07/19 Senate: Prefiled and ordered printed with emergency clause; offered 01/09/19 19102402D
01/07/19 Senate: Referred to Committee on Finance
01/14/19 Senate: Impact statement from TAX (SB1320)
01/30/19 Senate: Incorporated by Finance (SB1372-Norment) (16-Y 0-N)

SB 1372 Income tax, state; conformity of taxation system with the IRC.

Chief patron: Norment

Summary as passed:

Income tax; conformity. Advances conformity of the Commonwealth's tax code with the federal tax code to December 31, 2018, effective starting in taxable year 2018. Starting in taxable year 2019, the bill deconforms from the provisions of the federal Tax Cuts and Jobs Act (TCJA) that limit the deduction for state and local taxes and that suspend the overall limit on itemized deductions.

The bill establishes income tax subtractions starting in taxable year 2018 for Global Intangible Low-Taxed Income (GILTI) and for one-fifth of the amount of business interest that is disallowed as a deduction from federal income tax.

The bill increases the standard deduction to $4,500 for single individuals and $9,000 for married persons filing jointly for taxable years 2019 through 2025. Under current law, the standard deduction is $3,000 for single individuals and $6,000 for married couples filing jointly.

The bill provides for a refund, not to exceed a taxpayer's tax liability of up to $110 for individuals and $220 for married persons filing a joint return. The refund will be issued in October 2019 and will be available only for a taxpayer filing a final return by July 2019. The refunds will be reduced and prorated if the additional revenues generated by the TCJA are insufficient to fully fund the refunds.

The bill establishes the Taxpayer Relief Fund (the Fund). For fiscal years 2019 through 2025, any additional revenues attributable to the TCJA, beyond those necessary to fund the provisions of the bill, would accrue to the Fund. The bill directs the General Assembly to appropriate money from the Fund to enact permanent or temporary tax reform measures.

The bill contains an emergency clause and is identical to HB 2529.

EMERGENCY

02/13/19 Senate: Signed by President
02/13/19 Senate: Enrolled Bill Communicated to Governor on February 13, 2019
02/13/19 Governor: Governor's Action Deadline Midnight, February 20, 2019
02/15/19 Governor: Approved by Governor-Chapter 18 (effective 2/15/19)
02/15/19 Governor: Acts of Assembly Chapter text (CHAP0018)

SB 1443 Virginia income tax; advances conformity of Commonwealth's tax code with federal tax code.

Chief patron: Stuart

Summary as introduced:

Virginia income tax; emergency. Advances conformity of the Commonwealth's tax code with the federal tax code to December 31, 2018, starting with taxable year 2018. The bill increases, starting with taxable year 2018, the amount of the standard deduction (i) from $3,000 to $6,000 for an individual or for married persons filing separately and (ii) from $6,000 to $12,000 for married persons filing jointly. Starting in 2019, the bill adjusts Virginia's standard deduction by the percentage increase in the Chained Consumer Price Index for All Urban Consumers (C-CPI-U) for the previous taxable year. In taxable year 2026, the standard deduction would return to $3,000 for an individual or a married person filing jointly and $6,000 for married persons filing jointly, coincident with the expiration of the individual income tax provisions of the federal Tax Cuts and Jobs Act (TCJA). Beginning in taxable year 2020, the individual tax brackets and the personal deductions will als o be adjusted by the percentage increase of the C-CPI-U for the previous taxable year.

The bill reduces the corporate income tax from its current rate of six percent to five and one-half percent in 2018 and to five percent in 2019 and subsequent years and establishes subtractions from Virginia corporate taxable income for the amount of global intangible low-taxed income that is included in federal taxable income and the amount of business interest that is disallowed as a deduction from federal taxable income.

The bill provides that any additional revenues generated by the TCJA, beyond those revenues necessary to offset the reduction in revenues resulting from the provisions of the bill, shall be transferred to the Tax Policy Fund, created by the bill, to be used to provide tax reform to Virginia taxpayers starting in fiscal year 2020. The bill contains an emergency clause.

The bill was incorporated into SB 1372.

EMERGENCY

01/08/19 Senate: Prefiled and ordered printed with emergency clause; offered 01/09/19 19101629D
01/08/19 Senate: Referred to Committee on Finance
01/20/19 Senate: Impact statement from TAX (SB1443)
01/30/19 Senate: Incorporated by Finance (SB1372-Norment) (16-Y 0-N)

SB 1496 Installed Solar Energy Equipment Program Grant Fund; created

Chief patron: Saslaw

Summary as passed Senate:

Income tax credit; solar energy equipment. Creates a grant program for the purchase and installation of solar energy equipment in certain nonresidential areas on and after January 1, 2019, to be administered by the Department of Mines, Minerals, and Energy.  The grant is capped at 35 percent of the installed cost of the system. The provisions of the bill are contingent on funding in a general appropriation act.

02/08/19 House: Read first time
02/08/19 House: Referred to Committee on Appropriations
02/08/19 House: Assigned App. sub: Commerce, Agriculture, Natural Resources & Technology
02/13/19 House: Subcommittee recommends laying on the table (8-Y 0-N)
02/19/19 House: Left in Appropriations

SB 1500 Remote sales & use tax collection; sufficient activity by dealers & marketplace facilitators, etc.

Chief patron: Hanger

Summary as introduced:

Remote sales and use tax collection; sufficient activity by dealers and marketplace facilitators as to require registration for sales and use tax collection. Directs the Department of Taxation (the Department) to require a remote seller to collect sales and use tax if the seller has more than $100,000 in annual gross revenue from sales in Virginia or at least 200 sales transactions in Virginia and requires a marketplace facilitator, which enables marketplace sellers to sell in Virginia through its marketplace, to collect sales and use tax if its annual gross revenue from facilitated sales in Virginia exceeds $100,000 or it facilitates at least 200 sales transactions in Virginia. The bill provides that the obligation of remote sellers and marketplace facilitators to collect sales and use tax shall not apply to transactions occurring before July 1, 2019.

The bill provides that in administering remote sales and use tax collection, the Department shall provide information to remote sellers to allow them to identify state and local tax rates and exemptions. For auditing purposes, the Department is directed to allow a remote seller to complete a single audit covering all localities. The bill requires the Department to give remote sellers at least 30 days' notice of any change in tax rate.

The bill provides that if a remote seller or marketplace facilitator collects an incorrect amount of tax, it shall be relieved of liability for failure to collect the correct amount if the error is the result of its reliance on information provided by Virginia. The bill also relieves a marketplace facilitator of liability if it collects an incorrect amount of tax based on certain incorrect information provided by a seller or purchaser.

The bill repeals several contingent provisions of previous related bills that would take effect if the United States Congress enacted legislation related to remote sales and use tax collection. The bill contains technical corrections.

The bill was incorporated into SB 1083.

01/08/19 Senate: Prefiled and ordered printed; offered 01/09/19 19101702D
01/08/19 Senate: Referred to Committee on Finance
01/19/19 Senate: Impact statement from TAX (SB1500)
01/24/19 Senate: Incorporated by Finance (SB1083-Ruff) (14-Y 0-N)

SB 1601 Sales and Use Tax; remote collection, marketplace facilitators, etc.

Chief patron: Norment

Summary as introduced:

Remote sales and use tax collection. Requires certain marketplace facilitators and marketplace sellers, defined in the bill, to collect and remit sales and use tax if such facilitators or sellers make sales of tangible personal property or taxable services for delivery in the Commonwealth exceeding $100,000 or in 200 or more separate transactions. The bill provides that facilitators and sellers may enter into agreements regarding the fulfillment of the collection requirements. The bill prohibits class action from being brought against a marketplace facilitator on behalf of customers for overpayment of sales and use tax collected by the marketplace facilitator. The bill provides that the sales and use tax collection requirements shall not apply to any sales transactions occurring before July 1, 2019. The bill was incorporated into SB 1083.

01/09/19 Senate: Prefiled and ordered printed; offered 01/09/19 19104204D
01/09/19 Senate: Referred to Committee on Finance
01/21/19 Senate: Impact statement from TAX (SB1601)
01/24/19 Senate: Incorporated by Finance (SB1083-Ruff) (14-Y 0-N)

Counts: HB: 10 SB: 13




Labor Issues
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HB 1687 Nonpayment of wages; private cause of action by an employee.

Chief patron: Krizek

Summary as introduced:
Nonpayment of wages; private action. Provides that an employee has a private cause of action against an employer who fails to pay wages to recover the amount of wages due plus interest at eight percent annually from the date the wages were due. If the court finds that the employer knowingly failed to pay wages, the court shall award the employee reasonable attorney fees and other costs. If the court finds that the employer's failure to pay wages was willful and with intent to defraud the employee, the court shall also award the employee three times the amount of wages due.

01/21/19 House: Referred to Committee on Commerce and Labor
01/22/19 House: Assigned C & L sub: Subcommittee #2
01/29/19 House: Subcommittee recommends laying on the table (6-Y 0-N)
01/30/19 House: Impact statement from DPB (HB1687)
02/05/19 House: Left in Commerce and Labor

HB 1713 Employment; prohibited retaliatory action.

Chief patron: Delaney

Summary as introduced:
Employment; prohibited retaliatory action. Prohibits an employer from discharging, disciplining, threatening, discriminating against, penalizing, or taking other retaliatory action against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because the employee (i) reports a violation or suspected violation of any federal or state law or regulation to a supervisor or to any governmental body or law-enforcement official; (ii) is requested by a governmental body or law-enforcement official to participate in an investigation, hearing, or inquiry; (iii) refuses to engage in a criminal act that would subject the employee to criminal liability; (iv) refuses an employer's order to perform an action that the employee believes, which belief has an objective basis in fact, violates any federal or state law or regulation and the employee informs the employer that the order is being refused for that reason; or (v) provides information to or testifies before any governmental body or law-enforcement official conducting an investigation, hearing, or inquiry into any alleged violation by the employer of federal or state law or regulation. A person who alleges a violation of this chapter may bring a civil action seeking injunctive relief, reinstatement, and compensation for lost wages, benefits, and other remuneration.

12/14/18 House: Referred to Committee on Commerce and Labor
01/10/19 House: Assigned C & L sub: Subcommittee #2
01/29/19 House: Impact statement from DPB (HB1713)
01/29/19 House: Subcommittee recommends laying on the table (5-Y 2-N)
02/05/19 House: Left in Commerce and Labor

HB 1747 Workers' compensation; retaliatory discharge of employee.

Chief patron: Carter

Summary as introduced:
Workers' compensation; retaliatory discharge of employee. Prohibits an employer or other person from discharging an employee if the discharge is motivated to any extent by knowledge or belief that the employee has filed a claim or taken or intends to take certain other actions under the Virginia Workers' Compensation Act. Currently, retaliatory discharges are prohibited only if the employer or other person discharged an employee solely because the employee has taken or intends to take such an action.

12/20/18 House: Referred to Committee on Commerce and Labor
01/10/19 House: Assigned C & L sub: Subcommittee #2
01/17/19 House: Impact statement from DPB (HB1747)
01/22/19 House: Subcommittee failed to recommend reporting (1-Y 6-N)
02/05/19 House: Left in Commerce and Labor

HB 1748 Workers' compensation; employer to notify employee of intent.

Chief patron: Carter

Summary as introduced:
Workers' compensation; employer to notify employee of intent. Requires an employer whose employee has filed a claim under the Virginia Workers' Compensation Act to advise the employee whether the employer intends to accept or deny the claim or is unable to make such a determination because it lacks sufficient information from the employee. If the employer is unable to make such a determination because it lacks sufficient information from the employee, the employer shall so state and identify the needed additional information. If the employer intends to deny the claim, it shall provide the reasons.

12/20/18 House: Prefiled and ordered printed; offered 01/09/19 19100223D
12/20/18 House: Referred to Committee on Commerce and Labor
01/10/19 House: Assigned C & L sub: Subcommittee #2
01/13/19 House: Impact statement from DPB (HB1748)
02/05/19 House: Left in Commerce and Labor

HB 1749 Workers' compensation; foreign injuries.

Chief patron: Carter

Summary as introduced:
Workers' compensation; foreign injuries. Provides that an injured employee is eligible for benefits under the Virginia Workers' Compensation Act when a compensable accident happens while the employee is employed outside Virginia if (i) the employment contract was not expressly for services exclusively to be performed outside Virginia and (ii) either the employer's place of business is in Virginia or the employee regularly performs work on the employer's behalf in Virginia and resides in Virginia.

12/20/18 House: Referred to Committee on Commerce and Labor
01/10/19 House: Assigned C & L sub: Subcommittee #2
01/13/19 House: Impact statement from DPB (HB1749)
01/22/19 House: Subcommittee failed to recommend reporting (1-Y 6-N)
02/05/19 House: Left in Commerce and Labor

HB 1750 Workers' compensation; coverage for certain employees.

Chief patron: Carter

Summary as introduced:

Workers' Compensation; coverage for certain employees. Ends the exclusion from coverage under the Virginia Workers' Compensation Act for a person who suffers an injury if there is jurisdiction under either the Longshore and Harbor Workers' Compensation Act or the Merchant Marine Act of 1920. The bill provides that this exclusion, enacted in 2012, will not apply to a person who suffers an injury on or after July 1, 2019.

12/20/18 House: Referred to Committee on Commerce and Labor
01/10/19 House: Assigned C & L sub: Subcommittee #2
01/17/19 House: Impact statement from DPB (HB1750)
01/22/19 House: Subcommittee failed to recommend reporting (1-Y 6-N)
02/05/19 House: Left in Commerce and Labor

HB 1764 Government employees; strikes.

Chief patron: Carter

Summary as introduced:
Strikes by government employees. Repeals the provisions of the Code of Virginia that, among other things, provide that any employee of the Commonwealth, a locality, or other political subdivision who strikes or willfully refuses to perform the duties of his employment is deemed to have terminated his employment and is thereafter ineligible for employment.

12/22/18 House: Prefiled and ordered printed; offered 01/09/19 19101574D
12/22/18 House: Referred to Committee on Rules
01/28/19 House: Referred from Rules
01/28/19 House: Referred to Committee on General Laws
02/05/19 House: Left in General Laws

HB 1792 Employment; covenants not to compete, low-wage employees.

Chief patron: VanValkenburg

Summary as introduced:
Employment; covenants not to compete; low-wage employees. Prohibits an employer from entering into a covenant not to compete with any of its low-wage employees. The measure declares that covenants not to compete entered into by an employer and a low-wage employee are contrary to public policy and are void and unenforceable. The measure defines a low-wage employee as one whose average weekly earnings are less than the average weekly wage of the Commonwealth.

01/10/19 House: Assigned C & L sub: Subcommittee #1
01/10/19 House: Impact statement from DPB (HB1792)
01/29/19 House: House subcommittee amendments and substitutes offered
01/29/19 House: Subcommittee failed to recommend reporting (3-Y 5-N)
02/05/19 House: Left in Commerce and Labor

HB 1796 Virginia Public Procurement Act; competitive negotiation, price for professional services.

Chief patron: Cole

Summary as introduced:
Virginia Public Procurement Act; competitive negotiation; price for professional services. Allows public bodies to request price information in a Request for Proposal for professional services.

12/28/18 House: Referred to Committee on General Laws
01/14/19 House: Assigned GL sub: Subcommittee #4
01/15/19 House: Impact statement from DPB (HB1796)
01/15/19 House: Subcommittee recommends laying on the table (7-Y 1-N)
02/05/19 House: Left in General Laws

HB 1798 Call centers, etc.; procurement of state business-related work.

Chief patron: Heretick

Summary as passed House:

Relocation of call centers to a foreign country; notification requirements. Requires the director of each state agency to ensure that new state agency contracts for the performance by a contractor of state business-related call center and customer service work provide that such work shall be performed by the contractor or its agents or subcontractors entirely within the Commonwealth for the contractor's primary call center and customer service workplace.

02/05/19 House: VOTE: PASSAGE (61-Y 36-N)
02/06/19 Senate: Constitutional reading dispensed
02/06/19 Senate: Referred to Committee on Commerce and Labor
02/11/19 House: Impact statement from DPB (HB1798H1)
02/11/19 Senate: Passed by indefinitely in Commerce and Labor (10-Y 5-N)

HB 1806 Right to work; union shops and agency shops.

Chief patron: Carter

Summary as introduced:
Right to work; union shops and agency shops. Repeals the provisions of the Code of Virginia that, among other things, prohibit any agreement or combination between an employer and a labor union or labor organization whereby (i) nonmembers of the union or organization are denied the right to work for the employer, (ii) membership to the union or organization is made a condition of employment or continuation of employment by such employer, or (iii) the union or organization acquires an employment monopoly in any such enterprise. The measure also authorizes a collective bargaining agreement to provide for an agency shop or a union shop.

12/28/18 House: Prefiled and ordered printed; offered 01/09/19 19101572D
12/28/18 House: Referred to Committee on Rules
01/28/19 House: Referred from Rules
01/28/19 House: Referred to Committee on Commerce and Labor
02/05/19 House: Left in Commerce and Labor

HB 1820 Nondisclosure or confidentiality agreements; sexual assault, condition of employment.

Chief patron: Delaney

Summary as passed House:
Nondisclosure or confidentiality agreement; sexual assault; condition of employment. Prohibits an employer from requiring an employee or a prospective employee to execute or renew any provision in a nondisclosure or confidentiality agreement that has the purpose or effect of concealing the details relating to a claim of sexual assault as a condition of employment.

02/14/19 Senate: Signed by President
02/15/19 House: Enrolled Bill communicated to Governor on February 15, 2019
02/15/19 Governor: Governor's Action Deadline Midnight, February 22, 2019
02/22/19 Governor: Approved by Governor-Chapter 131 (effective 7/1/19)
02/22/19 Governor: Acts of Assembly Chapter text (CHAP0131)

SB 1059 Wage or salary history; inquiries prohibited, civil penalty.

Chief patron: Favola

Summary as introduced:
Wage or salary history inquiries prohibited; civil penalty. Prohibits a prospective employer from (i) requiring as a condition of employment that a prospective employee provide or disclose the prospective employee's wage or salary history or (ii) attempting to obtain the wage or salary history of a prospective employee from the prospective employee's current or former employers. Violations are subject to a civil penalty not to exceed $100 per violation.

12/06/18 Senate: Prefiled and ordered printed; offered 01/09/19 19100893D
12/06/18 Senate: Referred to Committee on Commerce and Labor
01/14/19 Senate: Impact statement from DPB (SB1059)
01/14/19 Senate: Failed to report (defeated) in Commerce and Labor (4-Y 10-N)

SB 1387 Low-wage employees; covenants not to compete, civil penalty.

Chief patron: Wagner

Summary as passed Senate:

Covenants not to compete; low-wage employees; civil penalty. Prohibits an employer from entering into, enforcing, or threatening to enforce a covenant not to compete between the employer and a low-wage employee. The employer is subject to a civil penalty of $10,000 per violation. The bill defines "low-wage employee" as either (i) an employee, intern, student, apprentice, or trainee whose average weekly earnings are less than the average weekly wage of the Commonwealth or who is employed without pay or (ii) an independent contractor who is compensated for his services at an hourly rate that is less than the median hourly wage for the Commonwealth for all occupations as reported by the Bureau of Labor Statistics of the U.S. Department of Labor. The measure defines "covenant not to compete" as an agreement that restrains, prohibits, or otherwise restricts an individual's ability to compete with his former employer. The bill allows any low-wage employee subject to such a covenant not to compete to bring a civil action against an employer and seek appropriate relief, including enjoining the conduct of any person or employer, ordering payment of liquidated damages , and awarding lost compensation, damages, and reasonable attorney fees and costs. The bill requires all employers to post in the workplace a notice of the bill's prohibition or a summary of the notice approved by the Department of Labor and Industry and provides that an employer is subject to a warning for a first offense and to a civil penalty for a subsequent offense for failure to post such notice or approved summary.

01/22/19 House: Placed on Calendar
01/22/19 House: Read first time
01/22/19 House: Referred to Committee on Commerce and Labor
02/08/19 Senate: Impact statement from DPB (SB1387E)
02/12/19 House: Passed by indefinitely in Commerce and Labor (12-Y 7-N)

Counts: HB: 12 SB: 2




Net Neutrality
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HB 1755 Broadband services; prohibited features.

Chief patron: Carter

Summary as introduced:
Broadband services; prohibited features. Prohibits a provider of broadband services from offering or renewing services to consumers within any locality in the Commonwealth in which certain media is throttled, blocked, or prioritized on the basis of its content, format, host address, or source.

12/21/18 House: Prefiled and ordered printed; offered 01/09/19 19100226D
12/21/18 House: Referred to Committee on Commerce and Labor
01/10/19 House: Assigned C & L sub: Subcommittee #3
01/24/19 House: Subcommittee recommends passing by indefinitely (7-Y 1-N)
02/05/19 House: Left in Commerce and Labor

Counts: HB: 1




Privacy and Data Security
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HB 2396 Passport and military identification numbers; breach of personal information notification.

Chief patron: Lopez

Summary as introduced:
Breach of personal information notification; passport and military identification numbers. Requires an individual or entity that owns or licenses computerized data that includes the first name or first initial and last name in combination with or linked to a passport number or military identification number to disclose any breach of the security system following discovery or notification of the breach to the Office of the Attorney General and any affected resident of the Commonwealth without unreasonable delay.

02/21/19 Senate: Signed by President
02/28/19 House: Enrolled Bill communicated to Governor on February 28, 2019
02/28/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/18/19 Governor: Approved by Governor-Chapter 484 (effective 7/1/19)
03/18/19 Governor: Acts of Assembly Chapter text (CHAP0484)

HB 2519 Virginia Information Technologies Agency; cybersecurity task force created.

Chief patron: Ayala

Summary as introduced:

Virginia Information Technologies Agency; cybersecurity task force created. Establishes a cybersecurity task force to assist the Chief Information Officer (CIO) of the Virginia Information Technologies Agency in developing policies, standards, and guidelines applicable to the Commonwealth's executive, legislative, and judicial branches and independent agencies for assessing security risks, determining the appropriate security measures, and performing security audits of government electronic information. The bill provides that the task force shall consist of representatives of the Chief Justice of the Supreme Court, representatives of the Joint Rules Committee of the General Assembly, the Director of the Division of Legislative Automated Systems or his designee, the Director of the Joint Legislative Audit and Review Commission or his designee, the Auditor of Public Accounts or his designee, and to any other agency head that the CIO may request to serve on or appoint a designee to serve on the task force. The bill also directs the task force to discuss and investigate any breaches in information technology security that have been experienced by any executive branch or independent agency, the legislative branch, or the judicial branch and make recommendations for strengthening the Commonwealth's cybersecurity measures. The bill requires the CIO to annually report to the Governor, the Secretary, and General Assembly on the work of the cybersecurity task force, including any recommendations made by the task force.

01/09/19 House: Prefiled and ordered printed; offered 01/09/19 19101788D
01/09/19 House: Referred to Committee on Science and Technology
01/21/19 House: House committee, floor amendments and substitutes offered
01/21/19 House: Impact statement from DPB (HB2519)
01/21/19 House: Passed by indefinitely in Science and Technology (12-Y 10-N)

Counts: HB: 2




Procurement
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HB 1629 Virginia Public Procurement Act; request for proposals, publication.

Chief patron: Fowler

Summary as passed House:

Virginia Public Procurement Act; request for proposals; publication. Removes the requirement for newspaper publication of Requests for Proposals for professional services. The bill also requires a local public body to post a Request for Proposal on the Department of General Services' central electronic procurement website when it elects not to publish such Request for Proposal in a newspaper of general circulation in the area in which the contract is to be performed.

02/20/19 Senate: Signed by President
02/21/19 House: Enrolled Bill communicated to Governor on February 21, 2019
02/21/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/08/19 Governor: Approved by Governor-Chapter 274 (effective 7/1/19)
03/08/19 Governor: Acts of Assembly Chapter text (CHAP0274)

HB 1632 Virginia Public Procurement Act; multiple award indefinite delivery/indefinite quantity contracting.

Chief patron: Cole

Summary as introduced:
Virginia Public Procurement Act; multiple award indefinite delivery/indefinite quantity contracting. Adds multiple award indefinite delivery/indefinite quantity contracting as an allowable method of procurement for public bodies under the Virginia Public Procurement Act ( 2.2-4300 et seq.).

10/30/18 House: Referred to Committee on General Laws
01/08/19 House: Assigned GL sub: Subcommittee #4
01/10/19 House: Impact statement from DPB (HB1632)
01/15/19 House: Subcommittee recommends laying on the table (8-Y 0-N)
02/05/19 House: Left in General Laws

HB 1668 Virginia Public Procurement Act; high-risk contracts, report.

Chief patron: Carr

Summary as passed House:

Virginia Public Procurement Act; high-risk contracts; report. Requires the Department of General Services (DGS), the Virginia Information Technologies Agency (VITA), and the Office of the Attorney General, as appropriate, to review contract solicitations and contracts for any public contract with a state public body for goods, services, insurance, or construction that meets the definition of high-risk contract provided in the bill. The bill directs DGS and VITA to develop guidelines for state agencies to use when assigning staff to administer high-risk contracts and requires that such guidelines (i) provide that any staff designated as a contract administrator must have prior contract administration experience and (ii) direct an agency's chief procurement officer to communicate to such contract administrator, when he first assumes his role, his responsibilities for effectively administering the contract. Some provisions of the bill have a delayed effective date for implementation for certain high-risk contract review processes.

02/23/19 Senate: Signed by President
02/25/19 House: Impact statement from DPB (HB1668ER)
03/04/19 House: Enrolled Bill communicated to Governor on March 4, 2019
03/04/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/19/19 Governor: Approved by Governor-Chapter 601 (effective - see bill)

HB 1796 Virginia Public Procurement Act; competitive negotiation, price for professional services.

Chief patron: Cole

Summary as introduced:
Virginia Public Procurement Act; competitive negotiation; price for professional services. Allows public bodies to request price information in a Request for Proposal for professional services.

12/28/18 House: Referred to Committee on General Laws
01/14/19 House: Assigned GL sub: Subcommittee #4
01/15/19 House: Impact statement from DPB (HB1796)
01/15/19 House: Subcommittee recommends laying on the table (7-Y 1-N)
02/05/19 House: Left in General Laws

HB 1798 Call centers, etc.; procurement of state business-related work.

Chief patron: Heretick

Summary as passed House:

Relocation of call centers to a foreign country; notification requirements. Requires the director of each state agency to ensure that new state agency contracts for the performance by a contractor of state business-related call center and customer service work provide that such work shall be performed by the contractor or its agents or subcontractors entirely within the Commonwealth for the contractor's primary call center and customer service workplace.

02/05/19 House: VOTE: PASSAGE (61-Y 36-N)
02/06/19 Senate: Constitutional reading dispensed
02/06/19 Senate: Referred to Committee on Commerce and Labor
02/11/19 House: Impact statement from DPB (HB1798H1)
02/11/19 Senate: Passed by indefinitely in Commerce and Labor (10-Y 5-N)

HB 1821 Virginia Public Procurement Act; debarment for nonpayment of unemployment taxes.

Chief patron: Delaney

Summary as introduced:
Virginia Public Procurement Act; debarment for nonpayment of unemployment taxes. Prohibits state agencies from contracting for goods and services from a source that is required to collect unemployment taxes but fails or refuses to do so. The measure prohibits such contracts with any affiliates of such source. The measure requires the Virginia Employment Commission to make a determination of whether a source is a prohibited source. The measure also provides that any source that fails to remit unemployment taxes for more than 10 covered employees shall be a prohibited source for a period of two years.

01/21/19 House: Assigned GL sub: Subcommittee #4
01/22/19 House: House subcommittee amendments and substitutes offered
01/22/19 House: Impact statement from DPB (HB1821)
01/22/19 House: Subcommittee recommends laying on the table (5-Y 3-N)
02/05/19 House: Left in General Laws

HB 1892 Small business procurement enhancement program; established, report.

Chief patron: James

Summary as introduced:
Department of Small Business and Supplier Diversity; small business procurement enhancement program. Establishes a small business procurement enhancement program (the Program) with a statewide goal of 42 percent of small business utilization in all discretionary spending by state agencies in procurement orders, prime contracts, and subcontracts. In addition, the bill (i) provides for a small business set-aside for competition among all small businesses for state agency purchases up to $100,000 for goods and nonprofessional services and up to $50,000 for professional services and (ii) establishes qualification criteria for participation in the Program by business operations on the basis of the total number of employees or annual gross receipts, averaged over the previous three years.

01/04/19 House: Prefiled and ordered printed; offered 01/09/19 19100764D
01/04/19 House: Referred to Committee on General Laws
01/21/19 House: Assigned GL sub: Subcommittee #4
01/29/19 House: Subcommittee recommends laying on the table (5-Y 3-N)
02/05/19 House: Left in General Laws

HB 2072 Virginia Public Procurement Act; competitive negotiation for professional services.

Chief patron: Bell, John J.

Summary as introduced:
Virginia Public Procurement Act; competitive negotiation for professional services. Provides that for competitive negotiation for professional services, a public body may conduct negotiations simultaneously with the top two ranked offerors if the public body does not request or discuss nonbinding estimates of total project costs at the discussion stage and as long as such process is set forth in the Request for Proposal.

01/14/19 House: Assigned GL sub: Subcommittee #4
01/15/19 House: Impact statement from DPB (HB2072)
01/15/19 House: House subcommittee amendments and substitutes offered
01/15/19 House: Subcommittee recommends laying on the table (8-Y 0-N)
02/05/19 House: Left in General Laws

HB 2164 Small Business and Supplier Diversity, Department of; redefines "small business."

Chief patron: Davis

Summary as introduced:
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, less the cost of goods sold by the business, of $10 million or less averaged over the previous three years. Currently for 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.

01/31/19 House: Reported from General Laws (15-Y 6-N)
01/31/19 House: Referred to Committee on Appropriations
02/01/19 House: Assigned App. sub: Commerce, Agriculture, Natural Resources & Technology
02/01/19 House: Subcommittee recommends laying on the table (8-Y 0-N)
02/05/19 House: Left in Appropriations

HB 2324 Major information technology project procurement; terms and conditions, etc.

Chief patron: Peace

Summary as passed House:

Major information technology project procurement; terms and conditions; limitation of liability provisions. Requires, in any contract for a major information technology project, terms and conditions relating to the indemnification obligations and liability of a supplier to be reasonable and to not exceed in aggregate twice the value of the contract. The bill also provides that there is be no limitation on the liability of a supplier for (i) any intentional or willful misconduct, fraud, or recklessness of a supplier or any employee of a supplier or (ii) claims for bodily injury, including death, and damage to real property or tangible personal property resulting from the negligence of a supplier or any employee of a supplier. The bill provides an exception to such conditions where the Secretary of Administration approves a reasonable maximum alternative limitation of liability amount recommended by the Chief Information Officer of the Commonwealth based on a risk ass essment showing exceptional risk to the Commonwealth. This bill is identical to SB 1329.

02/20/19 House: Signed by Speaker
02/20/19 Senate: Signed by President
02/27/19 House: Enrolled Bill communicated to Governor on February 27, 2019
02/27/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/19/19 Governor: Approved by Governor-Chapter 605 (effective 7/1/19)

HB 2328 Virginia Public Procurement Act; proscribed subcontracting by certain small businesses.

Chief patron: McNamara

Summary as introduced:
Virginia Public Procurement Act; proscribed subcontracting by certain small businesses. Prohibits a small business from subcontracting with any other business with which it has an affiliated business entity relationship if such small business (i) has been awarded a contract by a public body as part of an enhancement or remedial measure authorized by the Governor and (ii) the award of such contract is conditioned upon the small business's qualification as part of a subcategory of small businesses established as part of the enhancement program.

02/19/19 House: Impact statement from DPB (HB2328ER)
02/19/19 House: Signed by Speaker
02/20/19 Senate: Signed by President
02/21/19 House: Enrolled Bill communicated to Governor on February 21, 2019
02/21/19 Governor: Governor's Action Deadline Midnight, March 26, 2019

HB 2329 Distributed renewable energy; promotes establishment of solar and other renewable energy.

Chief patron: Keam

Summary as introduced:
Distributed renewable energy. Promotes the establishment of distributed renewable solar and other renewable energy. The measure (i) removes the one percent cap on the total amount of renewable energy that can be net metered in a utility's service territory, (ii) authorizes third-party power purchase agreements for all customer classes throughout the Commonwealth, (iii) allows local governments and certain other public bodies to install solar or wind facilities of up to five megawatts on government-owned property and use the electricity for government-owned buildings, (iv) allows all net metering customers to attribute output from a single solar array to multiple meters, (v) allows the owner of a multi-family residential building or the common areas of a condominium to install a renewable energy generation facility and sell the electricity to tenants or condominium unit owners, (vi) removes the restriction on customers installing a net-metered generation facility larger than that required to meet their previous 12 months' demand, (vii) raises the cap for net-metered nonresidential generation facilities from one megawatt to two megawatts, and (viii) removes the ability of utilities to assess standby charges. The measure also amends the Commonwealth Energy Policy to include provisions supporting distributed generation of renewable energy.

01/08/19 House: Prefiled and ordered printed; offered 01/09/19 19103955D
01/08/19 House: Referred to Committee on Commerce and Labor
01/11/19 House: Impact statement from SCC (HB2329)
01/31/19 House: Failed to report (defeated) in Commerce and Labor (7-Y 8-N)

HB 2366 Small businesses; changes definition, implementation of certification programs, report.

Chief patron: Knight

Summary as introduced:

Department of Small Business and Supplier Diversity; implementation of certification programs for small businesses; definition of small business; report. Changes the definition of small business, beginning July 1, 2019, to mean a business that (i) is not dominant in its field of operation, as determined by the Department of Small Business and Supplier Diversity (the Department); (ii) is at least 51 percent independently owned and operated by one or more individuals who are U.S. citizens or legal resident aliens; and (iii) together with affiliates, has 250 or fewer employees and average annual gross receipts, excluding the cost of goods and equipment, of $10 million or less averaged over the previous three years. Under current law, a business must be independently owned and controlled by one or more individuals who are U.S. citizens or legal resident aliens and, together with affiliates, have 250 or fewer employees or annual gross receipts of $10 million or less aver aged over the previous three years. The bill provides that any business entity that the Department has certified as a small business prior to July 1, 2019, shall have the expiration date of such certification extended for an additional one-year period, after such time the business shall be required to meet the requirements for certification in effect at that time. The bill also provides that the Director of the Department shall annually review forms and processes related to small business certification to reduce the administrative and paperwork burden on small businesses seeking certification and recertification. The bill (a) includes a definition of "field of operation"; (b) requires the Secretary of Commerce and Trade to evaluate the small business certification program at three-year intervals, reporting to the Governor and General Assembly by December 1, 2022, and December 1, 2025; and (c) directs the Department to establish an educational outreach initiative to inform and prepare businesses for the changes in the small business certification program.

01/08/19 House: Prefiled and ordered printed; offered 01/09/19 19101285D
01/08/19 House: Referred to Committee on General Laws
01/21/19 House: Assigned GL sub: Subcommittee #4
02/05/19 House: Left in General Laws

HB 2398 Small Business and Supplier Diversity, Department of; redefines "small business."

Chief patron: Lopez

Summary as introduced:
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. Currently for 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.

01/31/19 House: Reported from General Laws (20-Y 0-N)
01/31/19 House: Referred to Committee on Appropriations
02/01/19 House: Assigned App. sub: Commerce, Agriculture, Natural Resources & Technology
02/01/19 House: Subcommittee recommends laying on the table (8-Y 0-N)
02/05/19 House: Left in Appropriations

HB 2595 CIO; transition of web-based services for executive branch agencies to cloud-based server solutions.

Chief patron: Davis

Summary as introduced:

Chief Information Officer; transition of web-based services for executive branch agencies to cloud-based server solutions. Requires the Chief Information Officer of the Commonwealth, on or before November 30, 2019, to submit to the Governor and the Chair of the Joint Commission on Technology and Science a plan providing for the transition of web-based tier one services used by executive branch agencies, with some exceptions listed in the bill, from state servers to cloud-based server solutions by July 1, 2024.

01/21/19 House: Impact statement from DPB (HB2595)
01/30/19 House: House committee, floor amendments and substitutes offered
01/30/19 House: Reported from Science and Technology with amendment (20-Y 1-N)
01/30/19 House: Referred to Committee on General Laws
02/05/19 House: Left in General Laws

SB 1036 Small business procurement enhancement program; established, report.

Chief patron: Lucas

Summary as introduced:
Department of Small Business and Supplier Diversity; small business procurement enhancement program. Establishes a small business procurement enhancement program (the Program) with a statewide goal of 42 percent of small business utilization in all discretionary spending by state agencies in procurement orders, prime contracts, and subcontracts. In addition, the bill (i) provides for a small business set-aside for competition among all small businesses for state agency purchases up to $100,000 for goods and nonprofessional services and up to $50,000 for professional services and (ii) establishes qualification criteria for participation in the Program by business operations on the basis of the total number of employees or annual gross receipts, averaged over the previous three years.

10/31/18 Senate: Prefiled and ordered printed; offered 01/09/19 19100794D
10/31/18 Senate: Referred to Committee on General Laws and Technology
01/14/19 Senate: Stricken at request of Patron in General Laws and Technology (14-Y 0-N)

SB 1233 Administration of government; prohibition on use of certain products and services.

Chief patron: Ebbin

Summary as passed Senate:

Administration of government; prohibition on the use of certain products and services. Prohibits public bodies from using hardware, software, or services that have been prohibited by the U.S. Department of Homeland Security for use on federal systems. The bill also requires the Chief Information Officer of the Commonwealth to promptly notify all public bodies of such prohibited hardware, software, and services.

02/19/19 Senate: Signed by President
02/20/19 Senate: Enrolled Bill Communicated to Governor on February 20, 2019
02/20/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/08/19 Governor: Approved by Governor-Chapter 302 (effective 7/1/19)
03/08/19 Governor: Acts of Assembly Chapter text (CHAP0302)

SB 1329 Major information technology project procurement; terms and conditions, etc.

Chief patron: Ruff

Summary as passed Senate:

Major information technology project procurement; terms and conditions; limitation of liability provisions. Requires, in any contract for a major information technology project, terms and conditions relating to the indemnification obligations and liability of a supplier to be reasonable and to not exceed in aggregate twice the value of the contract. The bill also provides that there is be no limitation on the liability of a supplier for (i) any intentional or willful misconduct, fraud, or recklessness of a supplier or any employee of a supplier or (ii) claims for bodily injury, including death, and damage to real property or tangible personal property resulting from the negligence of a supplier or any employee of a supplier. The bill provides an exception to such conditions where the Secretary of Administration approves a reasonable maximum alternative limitation of liability amount recommended by the Chief Information Officer of the Commonwealth based on a risk ass essment showing exceptional risk to the Commonwealth. This bill is identical to HB 2324.

02/22/19 Senate: Signed by President
02/22/19 House: Signed by Speaker
03/04/19 Senate: Enrolled Bill Communicated to Governor on March 4, 2019
03/04/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/19/19 Governor: Approved by Governor-Chapter 606 (effective 7/1/19)

SB 1345 Virginia Public Procurement Act; competitive negotiation for professional services.

Chief patron: Favola

Summary as introduced:
Virginia Public Procurement Act; competitive negotiation for professional services. Provides that for competitive negotiation for professional services, except in the case of the procurement of architectural or engineering services, a public body may conduct negotiations simultaneously with the top two ranked offerors if the public body does not request or discuss nonbinding estimates of total project costs at the discussion stage and as long as such process is set forth in the Request for Proposal.

01/08/19 Senate: Prefiled and ordered printed; offered 01/09/19 19103800D
01/08/19 Senate: Referred to Committee on General Laws and Technology
01/14/19 Senate: Impact statement from DPB (SB1345)
01/14/19 Senate: Failed to report (defeated) in General Laws and Technology (6-Y 8-N)

SB 1394 Small businesses; changes definition, implementation of certification programs, report.

Chief patron: Dance

Summary as introduced:

Department of Small Business and Supplier Diversity; implementation of certification programs for small businesses; definition of small business; report. Changes the definition of small business, beginning July 1, 2019, to mean a business that (i) is not dominant in its field of operation, as determined by the Department of Small Business and Supplier Diversity (the Department); (ii) is at least 51 percent independently owned and operated by one or more individuals who are U.S. citizens or legal resident aliens; and (iii) together with affiliates, has 250 or fewer employees and average annual gross receipts, excluding the cost of goods and equipment, of $10 million or less averaged over the previous three years. Under current law, a business must be independently owned and controlled by one or more individuals who are U.S. citizens or legal resident aliens and, together with affiliates, have 250 or fewer employees or annual gross receipts of $10 million or less aver aged over the previous three years. The bill provides that any business entity that the Department has certified as a small business prior to July 1, 2019, shall have the expiration date of such certification extended for an additional one-year period, after such time the business shall be required to meet the requirements for certification in effect at that time. The bill also provides that the Director of the Department shall annually review forms and processes related to small business certification to reduce the administrative and paperwork burden on small businesses seeking certification and recertification. The bill (a) includes a definition of "field of operation"; (b) requires the Secretary of Commerce and Trade to evaluate the small business certification program at three-year intervals, reporting to the Governor and General Assembly by December 1, 2022, and December 1, 2025; and (c) directs the Department to establish an educational outreach initiative to inform and prepare businesses for the changes in the small business certification program.

01/08/19 Senate: Prefiled and ordered printed; offered 01/09/19 19102857D
01/08/19 Senate: Referred to Committee on General Laws and Technology
01/28/19 Senate: Stricken at request of Patron in General Laws and Technology (15-Y 0-N)

Counts: HB: 15 SB: 5




Research and Innovation
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HB 2550 Commonwealth of Virginia Research Consortium Authority; created.

Chief patron: Jones, S.C.

Summary as passed House:

Research and development in the Commonwealth. Creates the Commonwealth of Virginia Research Consortium Authority (the Consortium) to oversee and support research and commercialization in the Commonwealth. The Consortium will be advised by an Investment Advisory Committee and a Research and Technology Advisory Committee. Existing grant, loan, and investment funds currently administered by the Innovation and Entrepreneurship Investment Authority and the Virginia Research Investment Committee would be consolidated under the Consortium, and the Consortium would be responsible for the Commonwealth Research and Technology Strategic Roadmap. The Consortium would also be responsible for allocating research-related funds to the Virginia Biosciences Health Research Consortium and the Commonwealth Center for Advanced Manufacturing. The bill repeals the existing Virginia Research Investment Committee and the Innovation and Entrepreneurship Investment Authority.  The Center for Innovative Technology would move under the authority of the Consortium. A stakeholder group would be appointed to oversee the transition to the Consortium, and the Governor would be authorized to appoint an interim chief executive officer of the Consortium based upon the recommendations of the stakeholder group.

02/20/19 House: Delegates: Jones, S.C., Knight, Torian
02/21/19 Senate: Conferees appointed by Senate
02/21/19 Senate: Senators: Howell, Ruff, Hanger
02/24/19 House: No further action taken
02/24/19 House: Failed to pass in House

SB 1597 Research and development; changes related to the funding and oversight of initiatives.

Chief patron: Saslaw

Summary as introduced:

Research and development in the Commonwealth. Makes several changes related to the funding and oversight of research and development initiatives in the Commonwealth. The bill codifies the existing Virginia Biosciences Health Research Corporation (VBHRC) and brings it under the authority of the Innovation and Entrepreneurship Investment Authority (IEIA). The bill also creates a new Capital Research Investment Advisory Committee (Investment Committee), and an accompanying nonstock, nonprofit corporation under the IEIA, to oversee early and seed-stage venture capital investments. The Virginia Research Investment Committee (VRIC) would provide guidance to the IEIA and the Investment Committee. The Board membership of the IEIA is expanded to include the chairman of the VRIC and the VBHRC. Finally, the bill directs the Secretaries of Commerce and Trade and Education to convene a stakeholder group to review a recent technology report and make recommendations concerning the allocation of resources related to research, development, and commercialization.

01/09/19 Senate: Prefiled and ordered printed; offered 01/09/19 19102131D
01/09/19 Senate: Referred to Committee on Commerce and Labor
01/21/19 Senate: Rereferred from Commerce and Labor (13-Y 0-N)
01/21/19 Senate: Rereferred to Finance
01/31/19 Senate: Incorporated by Finance (SB1651-Howell) (16-Y 0-N)

SB 1651 Partnership for Innovation and Entrepreneurship Authority; increases membership, etc.

Chief patron: Howell

Summary as introduced:
Research and development in the Commonwealth. Creates the Partnership for Innovation and Entrepreneurship Authority (the Partnership) to oversee and support research and commercialization in the Commonwealth. The Partnership will be advised by an Investment Advisory Committee, an Entrepreneurship Advisory Committee, and a Research Advisory Committee. Existing grant, loan, and investment funds currently administered by the Innovation and Entrepreneurship Investment Authority and the Virginia Research Investment Committee would be consolidated under the Partnership. The bill repeals the existing Virginia Research Investment Committee.

02/19/19 Senate: Impact statement from DPB (SB1651S1)
02/20/19 House: Conferees appointed by House
02/20/19 House: Delegates: Jones, S.C., Knight, Torian
02/24/19 Senate: No further action taken
02/24/19 Senate: Failed to pass in Senate

Counts: HB: 1 SB: 2




Right to Repair
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HB 1754 Digital devices; deactivation or alteration of embedded software.

Chief patron: Carter

Summary as introduced:
Digital devices; deactivation or alteration of embedded software. Prohibits the original equipment manufacturer of a digital device from deactivating embedded software, defined in the bill, in the digital device or altering embedded software so as to substantially alter the functioning of the digital device as a response to its being repaired by an independent repair provider. The measure also provides that the original equipment manufacturer of a digital device shall not be liable to an owner of a digital device for any damages resulting from repair or modification to the digital device by an independent repair provider made at the request of the owner.

12/21/18 House: Prefiled and ordered printed; offered 01/09/19 19100225D
12/21/18 House: Referred to Committee on Science and Technology
01/10/19 House: Impact statement from DPB (HB1754)
02/05/19 House: Left in Science and Technology

Counts: HB: 1




Telemedicine
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HB 1970 Telemedicine services; payment and coverage of services.

Chief patron: Kilgore

Summary as passed:

Telemedicine services; coverage. Requires insurers, corporations, or health maintenance organizations to cover medically necessary remote patient monitoring services as part of their coverage of telemedicine services to the full extent that these services are available. The bill defines remote patient monitoring services as the delivery of home health services using telecommunications technology to enhance the delivery of home health care, including monitoring of clinical patient data such as weight, blood pressure, pulse, pulse oximetry, blood glucose, and other condition-specific data; medication adherence monitoring; and interactive video conferencing with or without digital image upload. The bill requires the Board of Medical Assistance Services to include in the state plan for medical assistance services a provision for the payment of medical assistance for medically necessary health care services provided through telemedicine services. This bill is identical t o SB 1221.

02/15/19 Senate: Signed by President
02/19/19 House: Enrolled Bill communicated to Governor on February 19, 2019
02/19/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/05/19 Governor: Approved by Governor-Chapter 211 (effective 7/1/19)
03/05/19 Governor: Acts of Assembly Chapter text (CHAP0211)

HB 2128 Telemedicine; physicians licensed in contiguous jurisdictions.

Chief patron: Guzman

Summary as introduced:
Telemedicine; physicians licensed in contiguous jurisdictions. Authorizes a person licensed to practice medicine or osteopathy who is in good standing with the applicable regulatory agency of a jurisdiction that is contiguous to the Commonwealth to provide health care services to patients located in the Commonwealth through use of telemedicine services.

01/08/19 House: Referred to Committee on Health, Welfare and Institutions
01/10/19 House: Impact statement from VDH (HB2128)
01/16/19 House: Assigned HWI sub: Subcommittee #1
01/23/19 House: Subcommittee recommends striking from docket (10-Y 0-N)
02/05/19 House: Tabled in Health, Welfare and Institutions

SB 1124 Telemedicine; physicians licensed in contiguous jurisdictions.

Chief patron: Favola

Summary as introduced:
Telemedicine; physicians licensed in contiguous jurisdictions. Authorizes a person licensed to practice medicine or osteopathy who is in good standing with the applicable regulatory agency of a jurisdiction that is contiguous to the Commonwealth to provide health care services to patients located in the Commonwealth through use of telemedicine services.

12/27/18 Senate: Prefiled and ordered printed; offered 01/09/19 19101580D
12/27/18 Senate: Referred to Committee on Education and Health
01/10/19 Senate: Impact statement from VDH (SB1124)
01/11/19 Senate: Assigned Education sub: Health Professions
01/24/19 Senate: Incorporated by Education and Health (SB1221-Chafin) (15-Y 0-N)

SB 1221 Telemedicine services; payment and coverage of services.

Chief patron: Chafin

Summary as passed Senate:

Telemedicine services; coverage. Requires insurers, corporations, or health maintenance organizations to cover medically necessary remote patient monitoring services as part of their coverage of telemedicine services to the full extent that these services are available. The bill defines remote patient monitoring services as the delivery of home health services using telecommunications technology to enhance the delivery of home health care, including monitoring of clinical patient data such as weight, blood pressure, pulse, pulse oximetry, blood glucose, and other condition-specific data; medication adherence monitoring; and interactive video conferencing with or without digital image upload. The bill requires the Board of Medical Assistance Services to include in the state plan for medical assistance services a provision for the payment of medical assistance for medically necessary health care services provided through telemedicine services. This bill is identical t o HB 1970.

02/19/19 Senate: Signed by President
02/20/19 Senate: Enrolled Bill Communicated to Governor on February 20, 2019
02/20/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/05/19 Governor: Approved by Governor-Chapter 219 (effective 7/1/19)
03/05/19 Governor: Acts of Assembly Chapter text (CHAP0219)

Counts: HB: 2 SB: 2




Trade Secrets
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HB 2003 Major business facility job tax credit; extends sunset date.

Chief patron: Aird

Summary as passed:

Major business facility job tax credit; extension; access to information. Extends the sunset date of the major business facility job tax credit from January 1, 2020, to July1 1, 2022. The bill also requires the Department of Taxation, for taxable years beginning on and after January 1, 2019, to publish the following information about companies that are using the credit: (i) locations of sites used for major business facilities for which a credit was claimed, (ii) North American Industry Classification System codes used for the major business facilities for which a credit was claimed, (iii) number of qualified full time employees for whom a credit was claimed, and (iv) total cost to the Commonwealth's general fund of the credits claimed.

02/21/19 House: Signed by Speaker
02/21/19 Senate: Signed by President
02/28/19 House: Enrolled Bill communicated to Governor on February 28, 2019
02/28/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/21/19 Governor: Approved by Governor-Chapter 699 (effective 7/1/19)

HB 2021 Va. Investment Performance Grant/Va. Economic Development Incentive Grant Programs; reauthorization.

Chief patron: James

Summary as introduced:
Virginia Investment Partnership Act; Virginia Investment Performance Grants; Virginia Economic Development Incentive Grants; reauthorization. Reauthorizes the Virginia Investment Performance Grant Program and the Virginia Economic Development Incentive Grant Program by providing each an additional portion of funds that may be paid out on or after July 1, 2019.

02/11/19 Senate: Signed by President
02/12/19 House: Enrolled Bill communicated to Governor on February 12, 2019
02/12/19 Governor: Governor's Action Deadline Midnight, February 19, 2019
02/19/19 Governor: Approved by Governor-Chapter 32 (effective 7/1/19)
02/19/19 Governor: Acts of Assembly Chapter text (CHAP0032)

HB 2163 New media and technology innovation; establishes income tax credit.

Chief patron: Davis

Summary as introduced:
New media and technology innovation income tax credit. Establishes a new media and technology innovation income tax credit, starting with taxable year 2019, which is a nonrefundable tax credit for expenses related to producing in Virginia commercial advertisements, digital interactive media productions, and episodic television series. The bill allows a company to submit a single application for a project covering multiple tax years and requires such company to make available a third-party audit of its project-related expenses.

The bill provides that the Department of Taxation and the Virginia Film Office shall review applications for credits and that the MEI (Major Employment and Investment) Project Approval Commission shall review applications for tax credits and recommend whether to endorse them; however, its recommendation shall not be binding on the determination of the Department and the Virginia Film Office on whether to approve the application.

The credit equals 15 percent of expenses or 20 percent for productions in economically distressed areas of Virginia. Expenses eligible for the credit exclude purchases that were exempt from sales tax unless such purchases were made at least one year prior to such taxpayer entering into an agreement with the Virginia Film Office related to the tax credit. Productions may receive additional credits of up to 20 percent of (i) production costs over $250,000 and (ii) compensation paid to Virginia residents who are first-time actors or production crew members.

The bill provides that credits may be carried over to subsequent taxable years for up to 10 years and transferred to another party upon payment to the Department of a fee of two percent. The bill authorizes the Governor to use moneys in the Motion Picture Opportunity Fund or other funds appropriated for such purpose to buy back credits from credit holders, provided that the Governor pays at least 80 percent of their value.

02/04/19 House: Read second time
02/04/19 House: Committee substitute agreed to 19104582D-H1
02/04/19 House: Motion to rerefer to committee agreed to
02/04/19 House: Rereferred to Finance
02/05/19 House: Left in Finance

HB 2180 Semiconductor Manufacturing Grant Fund; created.

Chief patron: Rush

Summary as passed:
Semiconductor Manufacturing Grant Fund; creation. Creates the Semiconductor Manufacturing Grant Fund for the award of grants to a qualified semiconductor manufacturing company that makes a capital investment of at least $2.98 billion in a qualified locality and creates and maintains at least 1,106 new jobs with an average annual wage of at least $92,000. Such a qualified company would be eligible to receive a grant of $50 million in fiscal year 2020 and a grant of $20 million in fiscal year 2021, subject to total or partial recapture if the qualified company does not meet the performance metrics agreed to in a memorandum of understanding with the Commonwealth. This bill is identical to SB 1370.

02/11/19 Senate: Signed by President
02/12/19 House: Enrolled Bill communicated to Governor on February 12, 2019
02/12/19 Governor: Governor's Action Deadline Midnight, February 19, 2019
02/19/19 Governor: Approved by Governor-Chapter 34 (effective 7/1/19)
02/19/19 Governor: Acts of Assembly Chapter text (CHAP0034)

HB 2348 Economic development investments and grants; increases minimum wage requirements.

Chief patron: Herring

Summary as introduced:
Economic development investments and grants; minimum wage requirements. Increases the minimum wage requirements from 135 percent to 175 percent of the federal minimum wage for new jobs to be eligible for economic development incentives under the Small Business Jobs Grant Fund Program or the Virginia Jobs Investment Program.

01/08/19 House: Prefiled and ordered printed; offered 01/09/19 19103014D
01/08/19 House: Referred to Committee on Appropriations
01/14/19 House: Assigned App. sub: Commerce, Agriculture, Natural Resources & Technology
01/23/19 House: Subcommittee recommends laying on the table (5-Y 2-N)
02/05/19 House: Left in Appropriations

HB 2356 Major Headquarters Workforce Grant Fund; created.

Chief patron: Jones, S.C.

Summary as introduced:

Major Headquarters Workforce Grant Fund. Creates the Major Headquarters Workforce Grant Fund. A qualified e-commerce company that makes a capital investment of at least $2 billion in a major headquarters facility in Arlington County and that creates at least 25,000 new full-time jobs with an average annual wage of $150,000 will be eligible for up to $550 million in grants from the Fund. A qualified company may also be eligible for an additional $200 million in grants for creating an additional 12,850 new full-time jobs. This bill is identical to SB 1255.

02/20/19 Senate: Signed by President
02/21/19 House: Enrolled Bill communicated to Governor on February 21, 2019
02/21/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/18/19 Governor: Approved by Governor-Chapter 482 (effective 7/1/19)
03/18/19 Governor: Acts of Assembly Chapter text (CHAP0482)

SB 1180 Virginia Freedom of Information Act; definition of trade secret.

Chief patron: Stuart

Summary as introduced:
Virginia Freedom of Information Act; definition of trade secret. Defines the term "trade secret," for the purposes of the Virginia Freedom of Information Act, as meaning the same as that term is defined in the Uniform Trade Secrets Act ( 59.1-336 et seq.). This bill is a recommendation of the Virginia Freedom of Information Advisory Council.

02/25/19 Senate: Impact statement from DPB (SB1180ER)
03/04/19 Senate: Enrolled Bill Communicated to Governor on March 4, 2019
03/04/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/12/19 Governor: Approved by Governor-Chapter 358 (effective 7/1/19)
03/12/19 Governor: Acts of Assembly Chapter text (CHAP0358)

SB 1255 Major Headquarters Workforce Grant Fund; created.

Chief patron: Ruff

Summary as introduced:

Major Headquarters Workforce Grant Fund. Creates the Major Headquarters Workforce Grant Fund. A qualified e-commerce company that makes a capital investment of at least $2 billion in a major headquarters facility in Arlington County and that creates at least 25,000 new full-time jobs with an average annual wage of $150,000 will be eligible for up to $550 million in grants from the Fund. A qualified company may also be eligible for an additional $200 million in grants for creating an additional 12,850 new full-time jobs. This bill is identical to HB 2356.

01/29/19 Senate: Signed by President
01/30/19 Senate: Enrolled Bill Communicated to Governor on January 30, 2019
01/30/19 Governor: Governor's Action Deadline Midnight, February 6, 2019
02/05/19 Governor: Approved by Governor-Chapter 1 (effective 7/1/19)
02/05/19 Governor: Acts of Assembly Chapter text (CHAP0001)

SB 1316 MEI Project Approval Commission; changes to membership and operation of Commission.

Chief patron: Hanger

Summary as passed Senate:

MEI Project Approval Commission. Makes several changes to the membership and operation of the MEI Project Approval Commission. The bill expands the membership from 10 to 11 members by adding one additional Senate appointment. The bill also clarifies the scope of the review required by the Commission to include not only economic development projects, but also potential tourism and film projects, while providing that projects only involving existing tax incentives currently available to any qualified taxpayer shall not require review. Materials regarding the potential project shall be provided to the Commission at least 5 business days in advance of the meeting. Current law requires materials regarding the potential project to be provided at least 48 hours in advance of the meeting. The bill contains technical amendments.

02/08/19 House: Referred to Committee on Appropriations
02/08/19 House: Assigned App. sub: Commerce, Agriculture, Natural Resources & Technology
02/13/19 Senate: Impact statement from DPB (SB1316S1)
02/13/19 House: Subcommittee recommends laying on the table (7-Y 1-N)
02/19/19 House: Left in Appropriations

SB 1370 Semiconductor Manufacturing Grant Fund; created.

Chief patron: Norment

Summary as introduced:

Semiconductor Manufacturing Grant Fund; creation. Creates the Semiconductor Manufacturing Grant Fund for the award of grants to a qualified semiconductor manufacturing company that makes a capital investment of at least $2.98 billion in a qualified locality and creates and maintains at least 1,106 new jobs with an average annual wage of at least $92,000. Such a qualified company would be eligible to receive a grant of $50 million in fiscal year 2020 and a grant of $20 million in fiscal year 2021, subject to total or partial recapture if the qualified company does not meet the performance metrics agreed to in a memorandum of understanding with the Commonwealth. This bill is identical to HB 2180.

02/13/19 Senate: Signed by President
02/14/19 Senate: Enrolled Bill Communicated to Governor on February 14, 2019
02/14/19 Governor: Governor's Action Deadline Midnight, February 21, 2019
02/19/19 Governor: Approved by Governor-Chapter 41 (effective 7/1/19)
02/19/19 Governor: Acts of Assembly Chapter text (CHAP0041)

Counts: HB: 6 SB: 4




Transportation
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HB 2085 Transit funding; raises the existing regional transportation fee, etc.

Chief patron: Watts

Summary as introduced:
Transit funding. Raises the existing regional transportation fee, a grantor's tax, from $0.15 per $100 to $0.20 per $100 for localities in the Northern Virginia Transportation Authority that are also members of the Northern Virginia Transportation District. The bill requires half of the revenues to be deposited in the Northern Virginia Transportation Authority Fund and half to be deposited in the Washington Metropolitan Area Transit Authority (WMATA) Capital Fund. The rate of tax in the other localities will remain at $0.15 per $100, with one-third of the revenues to be retained by the locality to be used for transportation purposes and the other two-thirds to be deposited in the Northern Virginia Transportation District Fund. The bill also raises the existing transient occupancy tax in the localities located in the Northern Virginia Transportation District from $2 to $3, with all of the revenues from the tax being used to support WMATA.

01/07/19 House: Prefiled and ordered printed; offered 01/09/19 19101608D
01/07/19 House: Referred to Committee on Rules
02/05/19 House: Left in Rules

SB 1468 Northern Virginia Transportation Authority; analysis of projects.

Chief patron: Black

Summary as passed Senate:

Northern Virginia Transportation Authority; analysis of projects. Shifts responsibility from the Department of Transportation to the Northern Virginia Transportation Authority for the evaluation and rating of significant transportation projects in and near Planning District 8. The bill also adds administrative and operating expenses to those expenses that can be paid by the Northern Virginia Transportation Authority Fund. Current law provides that administrative expenses be allocated to the component counties and cities of the Authority.

02/23/19 House: Signed by Speaker
02/26/19 Senate: Impact statement from DPB (SB1468ER)
03/04/19 Senate: Enrolled Bill Communicated to Governor on March 4, 2019
03/04/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/21/19 Governor: Approved by Governor-Chapter 749 (effective 7/1/19)

Counts: HB: 1 SB: 1




Unmanned Systems
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HB 1636 Unmanned aircraft system; trespass, military airfield or military helicopter landing zone, penalty.

Chief patron: Knight

Summary as passed House:

Trespass; unmanned aircraft system; prohibited take off or landing; penalty. Provides that any person who knowingly and intentionally causes an unmanned aircraft system to take off or land in violation of current Federal Aviation Administration Special Security Instructions or UAS Security Sensitive Airspace Restrictions is guilty of a Class 1 misdemeanor.

02/21/19 House: Signed by Speaker
02/21/19 Senate: Signed by President
02/28/19 House: Enrolled Bill communicated to Governor on February 28, 2019
02/28/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/19/19 Governor: Approved by Governor-Chapter 612 (effective 7/1/19)

SB 1507 Unmanned aircraft systems; used by law-enforcement officers, persons sought for arrest.

Chief patron: Carrico

Summary as passed Senate:
Use of unmanned aircraft systems by law-enforcement officers; persons sought for arrest. Provides that a law-enforcement officer may deploy an unmanned aircraft system (i) to aerially survey a primary residence of the subject of the arrest warrant to formulate a plan to execute an existing arrest warrant or capias for a felony offense or (ii) to locate a person sought for arrest when such person has fled from a law-enforcement officer and a law-enforcement officer remains in hot pursuit of such person.

02/23/19 Senate: Signed by President
02/23/19 House: Signed by Speaker
03/04/19 Senate: Enrolled Bill Communicated to Governor on March 4, 2019
03/04/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/21/19 Governor: Approved by Governor-Chapter 781 (effective 7/1/19)

Counts: HB: 1 SB: 1




Workforce Education and Training
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HB 1920 New Economy Workforce Credential Grant Fund and Program; grant priority.

Chief patron: Stolle

Summary as passed House:

New Economy Workforce Credential Grant Fund and Program; grant priority. Requires the State Council of Higher Education for Virginia, in awarding grants pursuant to the New Economy Workforce Credential Grant Program, to give priority to institutions that offer noncredit workforce training programs in high-demand fields in which employer demand is currently unmet by the available workforce.

02/20/19 Senate: Signed by President
02/21/19 House: Impact statement from DPB (HB1920ER)
02/27/19 House: Enrolled Bill communicated to Governor on February 27, 2019
02/27/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/18/19 Governor: Approved by Governor-Chapter 578 (effective 7/1/19)

HB 2020 Virginia Community College System; certain registered apprenticeships, uniform instruction.

Chief patron: James

Summary as passed:

Virginia Community College System; certain registered apprenticeships; uniform instruction. Requires the Virginia Community College System, in consultation with the Department of Labor and Industry, to develop and deliver uniform, related instruction for registered apprenticeships in high-demand programs, as determined by the Virginia Board of Workforce Development and the Virginia Employment Commission, and for which coursework is not otherwise available. The bill requires such instruction to be available statewide and to be delivered in a face-to-face, online, or blended format.

03/09/19 Senate: Signed by President
03/11/19 House: Impact statement from DPB (HB2020ER)
03/11/19 House: Enrolled Bill communicated to Governor on March 11, 2019
03/11/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/18/19 Governor: Approved by Governor-Chapter 580 (effective 7/1/19)

HB 2031 Cyber centers of excellence; Department of Education to establish task force.

Chief patron: McGuire

Summary as introduced:

Department of Education; task force; cyber centers of excellence. Requires the Department of Education to establish and appoint members to a task force for the purpose of establishing a program and standards for the designation of any public middle school or high school in the Commonwealth as a cyber center of excellence. The bill requires such program and standards to, at minimum, (i) establish a competitive process by which local school boards may apply to the Department of Education to designate any middle school or high school in the local school division as a cyber center of excellence and (ii) require applicants to demonstrate the ability to (a) provide high-quality programs and curricula for the development of the computer skills of enrolled students, (b) identify enrolled students with an aptitude for such programs and curricula, and (c) assist such students in developing their computer skills in order to be better prepared to meet the Commonwealth's growing demand and unmet need for cybersecurity professionals. The bill requires the task force to create and distribute to each local school board guidelines, procedures, and best practices for applications for the designation of schools as cyber centers of excellence.

01/07/19 House: Prefiled and ordered printed; offered 01/09/19 19100455D
01/07/19 House: Referred to Committee on Science and Technology
01/21/19 House: Impact statement from DPB (HB2031)
02/05/19 House: Left in Science and Technology

HB 2185 Virginia Rural Information Technology Apprenticeship Grant Fund and Program; established.

Chief patron: Kilgore

Summary as passed:

Virginia Rural Information Technology Apprenticeship Grant Fund and Program. Establishes the Virginia Rural Information Technology Apprenticeship Grant Fund and Program, to be administered by the Southwest Virginia Higher Education Center, for the purpose of awarding grants to small, rural information technology businesses in certain localities in the Southwest and Southside regions of Virginia to establish 18-month apprenticeship programs for full-time employees that combine mentorship and on-the-job training to enhance the experience and skills of such employees.

03/09/19 Senate: Signed by President
03/11/19 House: Impact statement from DPB (HB2185ER)
03/11/19 House: Enrolled Bill communicated to Governor on March 11, 2019
03/11/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/19/19 Governor: Approved by Governor-Chapter 647 (effective 7/1/19)

HB 2190 Tobacco Indemnification & Community Revitalization Fund; investments in Va. Venture Capital Accts.

Chief patron: Rush

Summary as introduced:
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.

01/28/19 House: Subcommittee recommends referring to Committee on Appropriations
01/30/19 House: House committee, floor amendments and substitutes offered
01/30/19 House: Reported from Agriculture, Chesapeake and Natural Resources with amendments (22-Y 0-N)
01/30/19 House: Referred to Committee on Appropriations
02/05/19 House: Left in Appropriations

HB 2217 Microcredential program; Department of Education may establish.

Chief patron: Bourne

Summary as passed House:

Department of Education; establishment of microcredential program. Permits the Department of Education to establish a microcredential program for the purpose of permitting any public elementary or secondary school teacher who holds a renewable or provisional license or any individual who participates in any alternate route to licensure program to complete additional in-person or blended coursework and earn microcredentials in science, technology, engineering, and mathematics (STEM) endorsement areas, including computer science, for which there is a high need for additional qualified teachers. The bill requires the Department of Education to direct the Advisory Board on Teacher Education and Licensure to convene a workgroup including pertinent education stakeholders to determine how any microcredential awarded pursuant to any such program will be used to award add-on endorsements and certifications for teachers in such STEM endorsement areas. The bill provides certai n conditions in which in-person coursework in a microcredential program not contributing to an endorsement is eligible for professional development points towards the renewal of a teaching license. This bill is identical to SB 1419.

02/15/19 Senate: Signed by President
02/18/19 House: Enrolled Bill communicated to Governor on February 18, 2019
02/18/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/05/19 Governor: Approved by Governor-Chapter 227 (effective 7/1/19)
03/05/19 Governor: Acts of Assembly Chapter text (CHAP0227)

HB 2237 Economic development incentives; disclosure to public.

Chief patron: Webert

Summary as introduced:
Economic development incentives; disclosure to public. Provides that no project that includes an offer of economic development incentives shall be approved by the Governor unless the essential terms of the offer are disclosed to the public no less than 21 days prior to approval. The bill defines essential terms as the aggregate amount of incentives to be provided by the Commonwealth, how the incentives are to be allocated, the projected return on investment for the Commonwealth, the projected time frame for repayment of the incentives, the Division of Incentives' projections for the number of new jobs that will be created and the average wage of those new jobs, and any proposed agreement between the Commonwealth and the recipient of the incentives regarding the Virginia Freedom of Information Act.

01/08/19 House: Prefiled and ordered printed; offered 01/09/19 19101330D
01/08/19 House: Referred to Committee on Appropriations
01/14/19 House: Assigned App. sub: Commerce, Agriculture, Natural Resources & Technology
01/16/19 House: Subcommittee recommends laying on the table (8-Y 0-N)
02/05/19 House: Left in Appropriations

HB 2455 Virginia National Guard; education grants.

Chief patron: Simon

Summary as introduced:
Virginia National Guard; education grants. Increases from two to three the minimum number of years of remaining obligation that members of the Virginia National Guard are required to have to be eligible for the Virginia National Guard education grant. The bill provides that the grant may be used for vocational and nondegree credit courses and programs and that the cost of fees and textbooks will be included in the calculation of the amount of such grants.

01/23/19 House: Reported from Education (19-Y 2-N)
01/23/19 House: Referred to Committee on Appropriations
01/23/19 House: Assigned App. sub: Higher Education
01/25/19 House: Subcommittee recommends laying on the table (5-Y 3-N)
02/05/19 House: Left in Appropriations

HB 2539 Worker retraining tax credit; sunset date, worker training investment tax credit.

Chief patron: Byron

Summary as passed:

Sunset date for worker retraining tax credit; worker training investment tax credit. Advances the sunset date of the worker retraining tax credit from January 1, 2022, to January 1, 2019, and creates the worker training investment tax credit to replace it beginning with taxable year 2019. The worker training investment tax credit is a modification of the worker retraining tax credit. Credit is allowed to businesses who provide (i) eligible worker training, defined in the bill, or (ii) manufacturing instruction to students. The provisions relating to manufacturing instruction are identical to those in the expiring worker retraining tax credit.

In order to receive credit for eligible worker training, the business must provide training that (a) grants a workforce credential or (b) is part of an apprenticeship agreement approved by the Commissioner of Labor and Industry. In addition, the recipient of the training must be a qualified employee or non-highly compensated worker, as defined in the bill. The credit equals 35 percent of the expenses incurred by the business in providing the eligible worker training. For the training of a qualified employee, the maximum credit per employee is $500 and for the training of a non-highly compensated worker, the maximum credit per worker is $1,000.

The manufacturing provisions of the tax credit may be claimed for taxable years beginning before January 1, 2022, and the eligible worker training provisions of the tax credit may be claimed for taxable years beginning before July 1, 2022.

02/17/19 House: Impact statement from TAX (HB2539ER)
02/19/19 House: Enrolled Bill communicated to Governor on February 19, 2019
02/19/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/05/19 Governor: Approved by Governor-Chapter 189 (effective 7/1/19)
03/05/19 Governor: Acts of Assembly Chapter text (CHAP0189)

HB 2545 Workforce Development, Secretary of; created.

Chief patron: Byron

Summary as introduced:
Governor's secretaries; Secretary of Workforce Development created. Creates in the Governor's cabinet the position of Secretary of Workforce Development (the Secretary). The bill removes the position of Chief Workforce Development Advisor and reassigns that position's responsibilities to the Secretary.

01/29/19 House: Reported from General Laws with substitute (22-Y 0-N)
01/29/19 House: Committee substitute printed 19105769D-H1
01/29/19 House: Referred to Committee on Appropriations
01/30/19 House: Impact statement from DPB (HB2545H1)
02/05/19 House: Left in Appropriations

SB 1147 Public high schools; graduation requirements, credit for work-based learning experiences.

Chief patron: Petersen

Summary as introduced:
Public high schools; graduation requirements; credit for work-based learning experiences. Requires the Board of Education in its graduation requirements to permit students in locally approved internships, externships, apprenticeships, credentialing programs, certification programs, licensure programs, and other work-based learning experiences to receive credit, up to a full course load, based on time spent in such programs. The bill also requires the Board to permit students in grade twelve to earn the equivalent of a full course load and to substitute each credit earned in such a program for a standard unit of credit in English, mathematics, science, or history and social science.

01/01/19 Senate: Prefiled and ordered printed; offered 01/09/19 19100552D
01/01/19 Senate: Referred to Committee on Education and Health
01/15/19 Senate: Impact statement from DPB (SB1147)
01/23/19 Senate: Assigned Education sub: Public Education
01/31/19 Senate: Incorporated by Education and Health (SB1434-McClellan) (15-Y 0-N)

SB 1495 Virginia Rural Information Technology Apprenticeship Grant Fund and Program; established.

Chief patron: Chafin

Summary as passed:

Virginia Rural Information Technology Apprenticeship Grant Fund and Program. Establishes the Virginia Rural Information Technology Apprenticeship Grant Fund and Program, to be administered by the Southwest Virginia Higher Education Center, for the purpose of awarding grants to small, rural information technology businesses in certain localities in the Southwest and Southside regions of Virginia to establish 18-month apprenticeship programs for full-time employees that combine mentorship and on-the-job training to enhance the experience and skills of such employees.

02/23/19 House: Signed by Speaker
02/25/19 Senate: Impact statement from DPB (SB1495ER)
03/04/19 Senate: Enrolled Bill Communicated to Governor on March 4, 2019
03/04/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/19/19 Governor: Approved by Governor-Chapter 646 (effective 7/1/19)

SB 1522 Dual enrollment and graduation requirements; postsecondary credential, certification, etc.

Chief patron: Ruff

Summary as introduced:
Dual enrollment and graduation requirements; postsecondary credential, certification, or license attainment. Requires local school boards and comprehensive community colleges to enter into dual enrollment agreements for postsecondary credential, certification, or license attainment concurrent with a high school diploma. The bill also requires the Board of Education to include in its graduation requirements provisions for the award of standard units of credit for successfully completing such a program at a comprehensive community college through a dual enrollment agreement.

01/08/19 Senate: Prefiled and ordered printed; offered 01/09/19 19100177D
01/08/19 Senate: Referred to Committee on Education and Health
01/23/19 Senate: Assigned Education sub: Public Education
01/31/19 Senate: Passed by indefinitely in Education and Health with letter (15-Y 0-N)

SB 1523 Workforce Development, Secretary of; created.

Chief patron: Ruff

Summary as passed Senate:

Governor's secretaries; Secretary of Workforce Development created. Creates in the Governor's cabinet the position of Secretary of Workforce Development (the Secretary). The bill assigns to the Secretary responsibility for the Department of Labor and Industry and the Virginia Employment Commission. The bill also removes the position of Chief Workforce Development Advisor and reassigns that position's responsibilities to the Secretary.

02/14/19 House: Subcommittee recommends reporting (6-Y 1-N)
02/14/19 House: Subcommittee recommends referring to Committee on Appropriations
02/14/19 House: Reported from General Laws (22-Y 0-N)
02/14/19 House: Referred to Committee on Appropriations
02/19/19 House: Left in Appropriations

SB 1532 High school STEM internship; tax credit, report.

Chief patron: Sturtevant

Summary as passed Senate:

High school STEM grant program; report. Creates a pilot grant program a business that hosts a junior or senior in a Richmond City Schools high school as an intern in a STEM or high-demand field for a semester during the 2019-2020 or 2020-2021 academic year. The business would receive a $2,500 grant per student per semester. Participation in the program is limited to 25 students. The bill requires the Superintendent of Richmond Public Schools to submit an annual report regarding various metrics of the program. The provisions of the bill are contingent on funding in a general appropriation act.

02/06/19 House: Placed on Calendar
02/06/19 House: Read first time
02/06/19 House: Referred to Committee on Appropriations
02/12/19 House: Assigned App. sub: Elementary & Secondary Education
02/19/19 House: Left in Appropriations

SB 1589 Virginia Works Portal; created.

Chief patron: Dunnavant

Summary as passed Senate:

Education and workforce development; Virginia Works Portal created; report. Creates the Virginia Works Portal, administered by the Virginia Economic Development Partnership Authority, to provide one-stop access to information regarding education pathways, career opportunities, and workforce development information available from agencies, institutions, and entities around the Commonwealth. The bill provides that the Portal shall provide an interactive, user-friendly environment and must be available to the public by July 1, 2020. The bill creates the five-person Virginia Works Board chaired by the Governor's Chief Workforce Development Advisor to oversee the Portal and the Virginia Works Advisory Committee of public and private sector stakeholders to advise the Board. The Virginia Works Board is directed to report annually to the Joint Subcommittee on the Future Competitiveness of Virginia Higher Education and to the Governor and Chairmen of the House Committee on A ppropriations and the Senate Committee on Finance. The provisions of the bill are contingent on funding in a general appropriation act.

02/08/19 House: Referred to Committee on Appropriations
02/08/19 House: Assigned App. sub: Commerce, Agriculture, Natural Resources & Technology
02/13/19 Senate: Impact statement from DPB (SB1589S2)
02/13/19 House: Subcommittee recommends passing by indefinitely (7-Y 1-N)
02/19/19 House: Left in Appropriations

SB 1617 Tech Talent Investment Program and Fund; created, report.

Chief patron: Ruff

Summary as passed:

Tech Talent Investment Program. Creates a grant program to assist qualified public institutions of higher education, defined in the bill, in reaching, by 2039, a goal of increasing by at least 25,000 degrees the number of bachelor's and master's degrees awarded in computer science, computer engineering, and closely related fields, or that otherwise align with traded-sector, technology-focused growth opportunities identified by the Virginia Economic Development Partnership Authority. To be eligible for an annual grant, a qualified institution is required to enter into a memorandum of understanding setting forth specific criteria for eligible degrees, eligible expenses, degree production goals, and graduation rates. Failure to meet criteria would result in the adjustment of future awards.

The bill requires qualified institutions that are grant recipients to report annually on progress towards meeting such goals and that grants issued pursuant to the program are subject to appropriation, and for the Secretary of Finance to report annually regarding the progress of each qualified institution in meeting its goals and the amount of grants awarded to such institution. This bill is identical to HB 2490.

03/08/19 Senate: Impact statement from DPB (SB1617ER)
03/09/19 Senate: Signed by President
03/11/19 Senate: Enrolled Bill Communicated to Governor on March 11, 2019
03/11/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
03/19/19 Governor: Approved by Governor-Chapter 639 (effective 7/1/19)

Counts: HB: 10 SB: 7