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Virginia Chamber Legislative Position Key

:

The Virginia Chamber SUPPORTS this bill.

The Virginia Chamber OPPOSES this bill.

This bill supports a Blueprint Virginia initiative. www.vachamber.com/blueprint

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Legislation of Interest to the Virginia Business Community
**denotes a change

Economic Development
Bill Patron Summary Ports tax credits. Changes Virginia's ports-related tax credits by increasing the annual amount of international trade facility tax credits that may be issued from $250,000 to $1.25 million, decreasing the annual amount of barge and rail usage tax credits that may be issued from $1.5 million to $500,000, and allowing a taxpayer to be eligible for the port volume increase tax credit and the barge and rail usage tax credit if the taxpayer meets the criteria for both. The bill reduces from 10 percent to five percent the minimum annual increase in cargo transported through a maritime port that is a condition of eligibility for the international trade facility tax credit. The bill also makes roll-on/roll-off cargo eligible for the international trade facility, port volume increase, and barge and rail usage tax credits. The provisions of the bill would become effective for taxable years beginning on or after January 1, 2014. Summary Position

HB873

Jones

Education and Workforce
Bill HB30/ SB30 Patron Jones/ Stosch Position Item 135 (M) --Funding to recruit and retain teachers in STEM subjects

HB30/ SB30

Jones/ Stosch

Item 210 (O)—funding to implement SySTEMic Solutions initiative to address needs in STEM

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HB30/ SB30

Jones/ Stosch

Item 136—Improve flexibility of the Virginia Preschool Initiative and use of kindergarten readiness assessment programs

HB30/ SB30

Jones/ Stosch

§4-10.00—Implement Virginia Higher Education Opportunity Act of 2011

HJ1

Greason

Study; Teacher Career Ladder program; report. Requests the Department of Education to study and make recommendations regarding the feasibility of implementing a Teacher Career Ladder program in the Commonwealth.

HB35 HB42 HB333 HB386 HB577 HB610 SB131

Kory Habeeb Greason Comstock Stolle Robinson Newman

School calendar. Makes local school boards responsible for setting the school calendar and determining the opening day of the school year and eliminates the post-Labor Day opening requirement.

HB1008

Byron

Voluntary apprenticeships. Conforms provisions of Virginia's voluntary apprenticeship program to federal law in order to ensure the Department of Labor and Industry's continued recognition as a State Apprenticeship Agency. Changes include transferring to the Commissioner of Labor and Industry powers that currently may be exercised by the Apprenticeship Council and removing the exemption for apprentices currently in the Virginia Minimum Wage Act. Workforce development. Changes the name of the Virginia Workforce Council to the Virginia Board of Workforce Development and provides that Virginia Board of Workforce Development staff is to be provided by the Chief Workforce Development Officer. The bill provides that the lead staff shall supervise the subordinate staff of the Board and that subordinate staff of the Board shall be independent of any other state agency that provides workforce services. The bill increases the membership of the Board by adding the Director of the Virginia Jobs Investment Program or his designee and the Adjutant General of the National Guard. The bill replaces the Governor as the Chief Workforce Development Officer, provides that the Governor now appoints the Chief Workforce Development Officer, and sets out the qualifications for this position. The bill requires the Board to develop initiatives to increase the number of private and nonprofit training vendors serving the Virginia Workforce Network, created in the bill. The bill also requires the Board to create a military transition assistance committee to advise the Board and the Chief Workforce Development Officer on reforms necessary to (i) connect more employers to transitioning military personnel and trailing spouse through transition assistance programs, thereby reducing the veteran unemployment rate to no more than the statewide unemployment average; (ii) better integrate the Veterans Employment

HB1009

Byron

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SB539

Howell

Representatives and Disabled Veterans Outreach Program into all Virginia Workforce Centers; (iii) standardize all veteran service qualifications statewide; and (iv) eliminate all process and qualification barriers for veterans to ensure that qualified veterans have access to training and employment services within 10 business days after their first request for services. The bill contains technical amendments. Secretary of Education; annual report. Requires the Secretary of Education, on or before October 1 of each year, to report to the Governor and the General Assembly on the Commonwealth's efforts to promote science, technology, engineering, and mathematics education; career readiness; and career and professional certification at all levels of education. Summary Minimum wage. Increases the minimum wage from its current federally mandated level of $7.25 per hour to $8.50 per hour effective July 1, 2014, unless a higher minimum wage is required by the federal Fair Labor Standards Act. The act will expire at such time as the federal minimum wage equals or exceeds $8.50 per hour. Employment applications; inquiries regarding criminal arrests, charges, or convictions; penalty. Prohibits state agencies and private employers from including on any employment application a question inquiring whether the prospective employee has ever been arrested or charged with, or convicted of, any crime, subject to certain exceptions. A prospective employee may not be asked if he has ever been convicted of any crime unless the inquiry takes place after the prospective employee has received a conditional offer of employment, which offer may be withdrawn if the prospective employee has a conviction record that bears a rational relationship to the duties and responsibilities of the position. A prospective employee may not be asked if he has ever been arrested or charged with a crime unless the inquiry takes place after the prospective employee has received a conditional offer of employment, which offer may be withdrawn if (i) the prospective employee's criminal arrest or charge resulted in the prospective employee's conviction of a crime and (ii) the crime of which he was convicted bears a rational relationship to the duties and responsibilities of the position. A private employer who violates the provisions of this section is subject to a civil penalty not to exceed $100 for each violation. Prohibiting certain local government practices that would require contractors to provide certain compensation or benefits. Prohibits local governing bodies from establishing provisions that would require a wage floor of any other employee benefit or compensation, above what is otherwise required by state or federal law, to be provided by a contractor to its employees as part of a local government contract. Any such provisions previously adopted by a local governing body that did not receive the approval of the General Assembly shall be considered null and void. Minimum wage. Increases the minimum wage from its current federally mandated level of $7.25 per hour to $8.25 per hour effective July 1, 2014, and to $9.25 per hour effective July 1, 2015, unless a higher minimum wage is required by the federal Fair Labor Standards Act. Nonsolicitation agreements. Establishes five requirements for a valid and enforceable nonsolicitation agreement between an employer and an employee, including a requirement that the restrictions imposed by the agreement are protective of the employer's legitimate business interest. The requirements do not apply to nonsolicitation agreements between an employer and an employee who owned greater than five percent of the ownership interests of the employing business entity. Absent an agreement to the contrary, the solicitation activities that are restrained, prohibited, or otherwise restricted by a nonsolicitation agreement shall not be increased or expanded as a result of the employer being acquired by merging with another business entity. The measure requires courts in actions seeking enforcement of, or challenging the enforceability of, a nonsolicitation agreement to Position

Employment Law
Bill HB32 Patron Morrissey

HB93

Krupicka

HB422

Davis

HB536

Plum

HB794

LeMunyon

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HB833

Keam

award attorney fees and costs to the prevailing party. The measure does not apply in proceedings to determine the enforceability of agreements entered into prior to July 1, 2014. Safe days for employees. Requires private employers to allow an employee safe days, with pay, if the employee or a family member is a victim of domestic violence, sexual assault, or stalking or is a family member of a victim of domestic violence, sexual assault, or stalking. Employers are required to provide employees with 32 hours per year of safe day time if the employee has less than 120 months of employment with the employer, and 40 hours per year of safe day time if the employee has 120 or more months of employment with the employer. Safe leave is leave from work that is used to allow the employee to obtain for the employee or the employee's family member, as applicable, (i) medical attention needed to recover from physical or psychological injury or disability caused by domestic violence or sexual assault; (ii) psychological or other counseling; (iii) relocation due to the domestic violence, sexual assault, or stalking; or (iv) legal services. Employers are prohibited from discharging or discriminating against an employee because the employee exercises the right to safe days. Minimum wage. Increases the minimum wage from its current federally mandated level of $7.25 per hour to $8.25 per hour effective July 1, 2014, and to $9.25 per hour effective July 1, 2015, unless a higher minimum wage is required by the federal Fair Labor Standards Act.

SB590

Marsden

Energy
Bill Patron Summary Interstate Offshore Energy Compact established. Creates the Interstate Offshore Energy Compact to secure the right of the member states to execute leases for the production and development of oil and natural gas resources three miles or more off the Atlantic shorelines of their respective states and to suspend the operation of any conflicting federal laws, rules, regulations, and orders within their states. The bill also creates the Interstate Offshore Energy Advisory Commission to study issues related to offshore energy development that are of particular concern and make nonbinding recommendations related to offshore energy policies to the member states for consideration by the legislatures of the member states. The bill provides that the compact becomes effective within a member state upon adoption of the compact by at least two member states and consent of the United States Congress. Electric utility regulation; approval of generation facilities. Requires the State Corporation Commission, in its consideration of an application for approval of an electrical generation facility, to consider environmental effects not expressly governed by a permit or expressly considered by a permitting authority, including carbon emissions and the overall impacts of new and existing facilities on the health and welfare of the residents of the Commonwealth. The measure also removes provisions that prohibited the Commission from imposing additional conditions with respect to such matters. Natural gas utilities; upstream supply infrastructure projects. Authorizes a natural gas utility to recover eligible costs of eligible natural gas supply infrastructure projects. A plan for recovery of such costs may provide the utility with an option to receive the gas or sell the gas at market prices. The measure also (i) provides that the transportation of natural gas by pipeline, without providing service to end users within the territory, shall not be considered operating in the territory of another certificate holder; (ii) bars the State Corporation Commission from approving the construction of a natural gas compressor station in an area without the locality's certification only if the area is zoned exclusively for residential use; and (iii) expands the definition of a strategic natural gas facility to include a natural gas transmission company that adds design day deliverability or designed send out of at least 100,000 dekaTherms per day in the aggregate. The bill exempts open season capacity acquisitions or releases between a public service company and an affiliated interest from the requirement that the Commission approve contracts entered into by a public service company. Position

HB155

R. Marshall

HB363

Kory

HB949/ SB519

Hugo/ Wagner

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HB1224

O’Quinn

Natural gas-fueled electric generation facilities; incentives. Study; mandatory renewable energy portfolio standard program; report. Directs the Commission on Electric Utility Regulation to study the establishment of a mandatory renewable energy portfolio standard program for the Commonwealth. The study will (i) address issues associated with transitioning from the existing voluntary renewable energy portfolio standard program to a mandatory program, (ii) determine the costs and benefits that would be associated with requiring electric utilities to meet varying levels of renewable energy portfolio standard goals, (iii) recommend measures to address electric utilities that do not meet the program's goals, and (iv) determine if it is feasible and advisable to require that all electric utilities in Virginia participate in a mandatory renewable energy portfolio standard program. Summary Virginia Energy Plan; incorporate a Carbon Dioxide Emission Control Impact Study and periodic interim updates to the Plan. Prohibition on oil and gas drilling. Prohibits the drilling for oil and gas in the Eastern Virginia Groundwater Management Area. When the General Assembly enacted the Groundwater Management Act in 1973, it declared that the continued, unrestricted usage of groundwater is contributing and will contribute to pollution and the shortage of groundwater, thereby jeopardizing the public welfare, safety, and health. The Act recognized that the state has the right to the reasonable control of all groundwater resources in order to conserve, protect, and beneficially utilize the groundwater of the Commonwealth. The bill would apply to groundwater and the associated aquifers in the coastal plain of Virginia. The bill would also require the Department of Environmental Quality to adopt regulations protecting surface and ground water resources before the Department of Mines, Minerals and Energy issues a drilling permit in those areas of Tidewater where such activity is allowed. Position

HJ76

Herring

Environment
Bill HB1261 Patron Chafin

SB48

Stuart


Bill amended to allow oil and gas drilling in Eastern Virginia, but only after the Department of Environmental Quality develops regulations. Regulations to be completed by mid-2016. Regulating carbon dioxide emissions. Establishes the process for adopting state carbon dioxide (CO2) requirements consistent with the emission guidelines the U.S. Environmental Protection Agency (EPA) intends to propose under §111d of the Clean Air Act for regulating CO2 emissions from existing fossil fuel-fired electric generating units in June 2014. The bill requires the State Air Pollution Control Board to establish separate CO2 performance standards for coal-fired and gas-fired electric generating units on a case-by-case basis, and based on the best system of emission reduction that has been adequately demonstrated and can be reasonably achieved through measures undertaken at each unit, without requiring the unit to switch fuel. The bill requires the Board to consider on a case-by-case basis whether less stringent performance standards than those required by EPA's Emission Guidelines are warranted, taking into account seven enumerated criteria. Once the Board determines appropriate performance standards, the Board, to the "maximum extent permissible," is to implement the performance standards through flexible regulatory mechanisms, including emissions averaging or emissions trading. Finally, the bill prohibits the state from submitting

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SB615

Carrico

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any §111d plan to EPA inconsistent with the bill, except as is necessary to comply with federal regulations.

General Business
Bill Patron Summary Virginia Business One Stop electronic portal program; participation by State Corporation Commission. Advances the date, from June 30, 2018, to June 30, 2017, by which the State Corporation Commission is required to fully integrate processes and forms into the Business Permitting Center administered by the Department of Business Assistance and to process all forms within 48 business hours from the time the applicant submits the form electronically. The bill also requires the Commission, by December 1, 2014, to implement a hyperlink from its website to the Center that will facilitate the collection by the Center of a user's information to populate any forms that will be required to be completed at a future date. Biannual progress reports are to be provided to the Secretary of Commerce and Trade, who is directed to oversee the implementation of these provisions. Representatives of the Commission, the Department, and the Secretary are directed to meet no less frequently than monthly to further the collaboration to identify, develop, and implement enhancements to the Business One Stop and eFile systems to provide for an improved citizen experience Clerk of the State Corporation Commission; secure online system; articles of dissolution; emergency. Requires the clerk of the State Corporation Commission, by July 1, 2014, to ensure that the Commission's eFile electronic registration system is secure. The system shall be deemed secure if it (i) provides a means to verify the identity of users; (ii) designates each user as having access with regard to one or more specified business entities; and (iii) allows users to access information regarding, and to make changes to records in the system affecting, only a business entity for which the user is designated. The measure also directs the clerk to ensure that any articles of dissolution of a stock or nonstock corporation that are filed in his office are signed by the chairman, a vicechairman, the president, or any other of its officers authorized to act on behalf of the corporation who are listed as a director or principal officer on the corporation's most recently filed annual report. The bill has an emergency clause. Clerk of the State Corporation Commission; unauthorized filings. Authorizes the clerk of the State Corporation Commission, upon determining that a person who executed or delivered a business entity document to the clerk's office lacked the authority to act on behalf of the business entity, to refuse to accept the document for filing. The clerk is further authorized under such circumstances to summarily remove a filed document, correct the records, and notify the affected business entity. The measure also includes stylistic and technical changes. Summary Position

HB167

Ramadan

HB168

Ramadan

HB313

D. Marshall

Health Care
Bill Patron Position

HB30/ SB30

Jones/ Stosch

Medicaid Reform and Expansion through market based principles.

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HB33/ SB484

Habeeb/ Stuart

Pediatric oral health benefits; reasonable assurance of provision. Declares that a health carrier that makes available in the small group market or individual market a health benefit plan that does not include the minimum essential pediatric oral health benefits required under the federal Affordable Care Act shall be deemed to have obtained reasonable assurance that the pediatric oral health benefits are provided to the plan's purchaser if (i) at least one qualified dental plan offers such benefits and is available for purchase, (ii) the health carrier prominently discloses that its plan does not provide the required benefits, and (iii) the entity offering the qualified dental plan providing the required benefits is licensed to provide them in the Commonwealth. Summary Patent infringement; assertions made in bad faith. Prohibits any person from making in bad faith an assertion, allegation, or claim that a resident of the Commonwealth is infringing a patent. The measure creates a cause of action for damages and an injunction against a person threatening to bring legal action for alleged patent infringement. A court that finds that a target of an assertion of patent infringement has established a reasonable likelihood that the person has made the assertion in bad faith shall require the person to post a bond in an amount equal to the target's costs to litigate the claim and amounts reasonably likely to be recovered as damages. The Attorney General or any attorney for the Commonwealth is empowered to issue civil investigative demands, accept assurances of voluntary compliance, and seek injunctions. The target of a bad faith assertion or any other person aggrieved by a violation may bring an action to recover actual damages, fees, and costs and obtain equitable relief. If the violation was willful, damages may be increased to the greater of three times the actual damages sustained or $50,000. Statutes of limitation; accrual. Provides that in civil actions to recover for damage to property or injury to person, if the injury was not reasonably discoverable on the date it was sustained, the statute of limitations does not begin to run until the date that injury was discovered or should have been discovered. Under current law, in most cases the limitations period begins to run from the date the injury was sustained. No change is made to the law governing limitations periods in medical malpractice cases. Service of process on domestic corporations. Allows process on a Virginia corporation to be served on its registered agent by posting a copy of the process on the front door or main entrance of the corporation's registered office. Grand larceny; threshold. Increases from $200 to $1,000 the threshold amount of money taken or value of goods or chattel taken at which the crime rises from petit larceny to grand larceny. The bill increases the threshold by the same amount for the classification of certain property crimes. Position

Legal
Bill Patron

HB375/ SB150

O’Quinn/ Stuart

HB398

Fariss

SB232

Petersen

SB251

McEachin

Military & Veterans Affairs
Bill HB30/ SB30 Patron Jones/ Stosch Summary Item 461 (F)--Funding to support the Virginia Values Veterans Program. Position

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HB30/ SB30

Jones/ Stosch

Item 144 (M)—Funding to support pilot program to assist Virginia veterans and military members in completing degree and professional programs Secretary of Public Safety; Secretary of Veterans Affairs and Homeland Security; transfer of certain powers and duties. Renames the Secretary of Public Safety as the Secretary of Public Safety and Homeland Security and reassigns duties currently assigned to Secretary of Veterans Affairs and Homeland Security relating to homeland security. The bill renames the Secretary of Veterans Affairs and Homeland Security as the Secretary of Veterans Affairs. The bill also incorporates portions of the JLARC report relating to improvements to Virginia's homeland security activities. The bill contains numerous amendments to accomplish this transfer of powers and duties. The bill contains an emergency clause. Unemployment compensation; quit to follow military spouse. Provides that good cause for leaving employment exists if an employee voluntarily leaves a job to accompany the employee's spouse, who is on active duty in the military or naval services of the United States, to a new militaryrelated assignment established pursuant to a permanent change of duty order from which the employee's place of employment is not reasonably accessible. The measure applies only if the state to which the spouse is transferred has a similar provision, unless the transfer involves members of the Virginia National Guard relocated within the Commonwealth. Benefits paid to qualifying claimants shall be charged against the pool rather than against the claimant's employer. The measure also repeals Chapter 878 of the 2009 Acts of Assembly, which is similar to this measure but did not take effect because the contingency in its third enactment was not satisfied. Summary Public-Private Transportation Act of 1995; additional requirements for certain comprehensive agreements. Provides that no comprehensive agreement providing for the lease, operation, or transfer of ownership of a qualifying transportation facility under the Public-Private Transportation Act with a total value of more than $1 billion and having a substantial negative impact on the tax revenues of an affected jurisdiction or substantially increasing the taxes, fees, or expenses that will be paid by residents of an affected jurisdiction may be executed by a state agency unless (i) approved by the Governor and (ii) a bill that includes a specific description of the proposed agreement and its anticipated expenditures and revenues is passed by the General Assembly. Public-Private Transportation Act of 1995 and Public-Private Education Facilities and Infrastructure Act of 2002; additional requirements for comprehensive agreements. Provides that no comprehensive agreement providing for the lease, operation, or transfer of ownership of a qualifying transportation facility under the Public-Private Transportation Act or a qualified project under the Public-Private Education Facilities and Infrastructure Act with a total value of $1 billion or more shall be executed by a state agency unless (i) approved by the Governor and (ii) a bill that includes a specific description of the proposed agreement and its anticipated expenditures and revenues is passed by the General Assembly. Public-Private Transportation Act of 1995; approval of schedule of tolls and fees. Prohibits the inclusion in a comprehensive agreement under the Public-Private Transportation Act of 1995 of a schedule of tolls or user fees for a road, highway, tunnel, or bridge unless the General Assembly, by joint resolution, has approved the schedule. The measure also requires that any user fees provided for in a comprehensive agreement be set forth in a schedule that has been approved by the General Position

HB730

Lingamfelter

SB18

Locke

Procurement
Bill Patron

HB346/ SB165

James/ Locke

HB349

James

HB1136

Joannou

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SB26

Alexander

Assembly. Public comment and access; presentation to Committees of the General Assembly. Increases time periods for public comment and submission of competing proposals and transparency in agreements pursuant to the Public-Private Transportation Act of 1995. The bill also requires a presentation to the Transportation Committees, Senate Finance Committee, and House Appropriations Committee of the General Assembly for projects in excess of $1 billion. Comprehensive agreement; reduced rates for commuters. Requires comprehensive agreements under the Public-Private Transportation Act of 1995 to include a provision providing for reduced rates for commuters who use the facility at least 20 times per month during a 12-month period.

SB91

Alexander

Small Business
Bill Patron Summary Entrepreneur-in-Residence Program. Creates the Entrepreneur-in-Residence Program, a pilot program administered by the Secretary of Commerce and Trade to improve outreach by state government to the private sector. The objectives of the program are to (i) strengthen coordination and interaction between state government and the private sector on issues relevant to entrepreneurs and small business concerns and (ii) make state government programs and operations simpler, easier to access, more efficient, and more responsive to the needs of small business concerns and entrepreneurs. Under the bill, entrepreneurs-in-residence serve without compensation but, at the discretion of the head of the agency they were appointed to serve, may receive reasonable and necessary expenses incurred in the discharge of their duties. The program was created by Chapter 788 of the Acts of Assembly of 2013 but will not become effective unless reenacted by the 2014 Session of the General Assembly. The program has a 2017 sunset date. Virginia Economic Development Partnership Authority; Department of Small Business and Supplier Diversity; administration of the Virginia Jobs Investment Program. Changes the administration of the Virginia Jobs Investment Program from the Department of Small Business and Supplier Diversity to the Virginia Economic Development Partnership Authority. Summary §3-5.10 INTANGIBLE HOLDING COMPANY ADDBACK--Notwithstanding the provisions of § 58.1402(B)(8), Code of Virginia, for taxable years beginning on and after January 1, 2004: (i) The exception in § 58.1-402(B)(8)(a)(1) for income that is subject to a tax based on or measured by net income or capital imposed by Virginia, another state, or a foreign government shall be limited and apply only to the portion of such income received by the related member, which portion is attributed to a state or foreign government in which the related member has sufficient nexus to be subject to such taxes; and (ii) The exception in § 58.1-402(B)(8)(a)(2) for a related member deriving at least one-third of its gross revenues from licensing to unrelated parties shall be limited and apply only to the portion of such income derived from licensing agreements for which the rates and terms are comparable to the rates and terms of agreements that the related member has actually entered into with unrelated entities. HB480/ SB515 Villanueva/ Wagner Domestic international sales corporations; income taxation. Exempts a domestic international sales corporation (DISC) and any income attributable to a DISC from income taxes. Position

HB321/ SB362

Landes/ Saslaw

HB932/ SB492

Landes/ McWaters

Tax
Bill Patron Position

HB30/ SB30

Jones/ Stosch

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HB617

Davis

HB1220/ SB623

Comstock/ McDougle

Personal property tax; classification. Creates a classification for personal property tax rate purposes of property owned by a business during its first two years of operation, if the business's annual gross revenues do not exceed $100,000. A locality may impose a rate of tax on such property that is lower than the rate on the general class of tangible personal property. Research and development expenses tax credit. Increases beginning with taxable year 2014 the amount of the credit allowed from 15 percent of the first $167,000 to 15 percent of the first $234,000 of Virginia qualified research and development expenses, and from 20 percent of the first $175,000 to 20 percent of the first $234,000 of Virginia qualified research and development expenses conducted in conjunction with a Virginia institution of higher education. The bill increases the maximum annual amount of tax credits that may be issued each fiscal year from $5 million to $10 million. The bill allows a pass-through entity to elect to receive and claim any credit at the passthrough entity level in lieu of the credit being allocated to the individual partners, members, or shareholders of the pass-through entity. Finally, the bill requires any taxpayer applying for the credit to provide information to the Department of Taxation relating to the number of full-time employees of the taxpayer; the taxpayer's industry sector; the area, discipline, or field of Virginia qualified research performed by the taxpayer; the taxpayer's total gross receipts for the relevant taxable year; and whether the qualified research was performed in conjunction with a Virginia institution of higher education. Summary §1-119—Funding for the Innovation and Entrepreneurship Investment Authority; Foster development of Virginia-based technology, biosciences, and energy companies; expand initiatives in cyber security; expand broadband; and promote modeling and simulation in new growth industries. Position

Technology
Bill HB30/ SB30 Patron Jones/ Stosch

HB1270

Minchew

Center for Rural Virginia created, pursuant to Virginia Code 2.2-2720, to prepare a rural broadband underserved area report.

Tourism
Bill Patron Summary Income tax; motion picture production credit. Changes the motion picture production income tax credit by (i) increasing the percentage of qualifying expenses eligible to be claimed from 15 percent to 20 percent, and from 20 percent to 25 percent for productions in an economically distressed areas, (ii) increasing the total biennium cap for all such credits from $5 million to $25 million, and (iii) having the credit expire on December 31, 2023. The bill also requires the Department to publish information regarding the credit regardless if it does not prevent the identification of the taxpayer claiming the credit. The bill is effective for taxable years beginning on or after January 1, 2014. Position

HB460/ SB46

Kilgore/ Watkins

Transportation
Bill Patron Summary Position

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HB2

Stolle

HB1090

Villanueva

HB1095

Peace

HB1100

Yancey

Allocations within highway construction districts. Provides that funding allocations for the Northern Virginia highway construction district and the Hampton Roads highway construction district be made by giving priority to the projects expected to provide the greatest congestion reduction relative to the cost of the project and that funding allocations for the seven other highway construction districts be made by giving priority to either (i) the projects expected to provide the greatest congestion reduction relative to the cost of the project or (ii) the projects that promote economic development and promote commerce and trade. The bill provides for the choice to be made by each locality within the seven highway construction districts and for each highway construction district to determine the majority choice and submit it to the Commonwealth Transportation Board. Allocations by the Board using the priorities in the bill will begin July 1, 2015. Smart Travel Program to incorporate new technologies and innovations in transportation. Requires Secretary of Transportation and Department of Transportation to revise and update the state's Smart Travel Program of 2006 by evaluating and incorporating, where appropriate, new smart road technologies and other innovations in transportation. Innovation and Technology Transportation Fund. Creates the Innovation and Technology Transportation Fund to fund pilot programs and fully developed initiatives pertaining to high-tech infrastructure improvements with five percent of the annual amount allocated by the Commonwealth Transportation Board. CTB Six-Year Improvement Program. Requires that the Commonwealth Transportation Board's Six-Year Improvement Program give priority to either projects that are expected to provide the greatest congestion reduction relative to the cost of the project or projects that promote economic development and promote commerce and trade within the highway construction district where they are located. Summary Unemployment compensation; benefit ratio. Provides that an employer's payroll, for purposes of calculating its benefit ratio and state unemployment tax rate, shall be deemed to be $1 when the employer's taxable payroll for the applicable 12-month period is not more than $1. The measure eliminates the necessity of dividing the employer's benefit charges by a payroll amount of $0, which produces an infinite benefit ratio and results in an assessment of state unemployment taxes at the highest rate. Unemployment compensation; Self-Employment Assistance Pilot Program; report. Establishes the Self-Employment Assistance Pilot Program (Program), under which up to 100 unemployed individuals receive unemployment compensation while they are establishing their own businesses and becoming self-employed. Participants receive an allowance in lieu of weekly regular benefit payments and may use the allowance for entrepreneurial training, business counseling, and technical assistance. The bill provides for the Virginia Employment Commission to develop and implement the program and to report annually to the Governor and the General Assembly on (i) the total number of participants, (ii) the fiscal status of the Program, and (iii) any other information that will assist in determining the viability of the Program. Unemployment compensation; quit to follow military spouse. Provides that good cause for leaving employment exists if an employee voluntarily leaves a job to accompany the employee's spouse, who is on active duty in the military or naval services of the United States, to a new militaryrelated assignment established pursuant to a permanent change of duty order from which the employee's place of employment is not reasonably accessible. The measure applies only if the state to which the spouse is transferred has a similar provision, unless the transfer involves members of the Virginia National Guard relocated within the Commonwealth. Benefits paid to qualifying claimants Position

Unemployment Insurance
Bill Patron HB22 Kory

HB798

Lopez

SB18

Locke

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SB110

Stanley

shall be charged against the pool rather than against the claimant's employer. The measure also repeals Chapter 878 of the 2009 Acts of Assembly, which is similar to this measure but did not take effect because the contingency in its third enactment was not satisfied. Unemployment compensation; short-time compensation program. Establishes a short-time compensation program that provides employers with the option of reducing the hours worked by employees, while permitting the employees whose hours are reduced to receive partial compensation for lost wages. Program participation requires Virginia Employment Commission approval of a plan, which must provide that the reduction in hours of work is in lieu of a layoff of an equivalent percentage of employees and that employees' health and retirement benefits cannot be reduced or eliminated under the plan. The measure requires the Commission to submit reports on the program's implementation and accomplishments, with recommendations to improve its effectiveness. The measure becomes effective January 1, 2015. Unemployment benefits; financial literacy course; volunteer service. Allows recipients of unemployment benefits to extend their benefits through completion of a financial literacy course and volunteer service at a nonprofit organization.


SB266 Stanley Amended: Unemployment benefits; financial literacy course. Requires the Virginia Employment Commission (VEC), either by itself or in collaboration with workforce service partner entities, to provide information to all unemployment benefits claimants and job seekers on courses in financial literacy. Such courses shall be at no cost to claimants and to job seekers and may be offered online or in any other medium the VEC deems appropriate.

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919 East Main Street Suite 900 Richmond, VA 23219 www.vachamber.com

Barry DuVal President & CEO b.duval@vachamber.com Keith Martin Vice President of Public Policy and General Counsel k.martin@vachamber.com (804) 237-1456 Ryan Dunn Vice President of Business & Government Relations r.dunn@vachamber.com (804) 237-1455 Samantha Quig Manager of Government Affairs s.quig@vachamber.com (804) 237-1457 Mark Barrett Public Policy Coordinator m.barrett@vachamber.com (804) 237-1464

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