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VAPA: Legislative Reports

2007 Legislative Session

Transportation: Miscelaneous

Bills CommitteeLast actionDate
HB 2 - Loupassi - Income tax, state; small business investment tax credit. (H) Committee on Finance(H) Continued to 2011 in Finance02/10/10
notes: Prohibits use of state funds for Phase II of the Dulles Metrorail Project if the Project is subject to a project labor agreement, the policies and bylaws of the Metropolitan Washington Airports Authority do not permit public access to MWAA's meetings and records as provided in Virginia's FOIA, or the Project is not subject to audit by VDOT or the Auditor of Public Accounts.
HB 23 - Johnson - Children; prohibited photography, penalty. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/16/10
notes: Increases the amount of sales and use tax revenue dedicated to the Transportation Trust Fund from an amount generated by a 0.5 percent tax rate under current law to an amount generated by a one percent tax rate, phased in by a 0.1 percent increase each year for five years, or over a longer period of time if there is a lack of growth in general fund revenues.
HB 393 - Lohr - Abortion clinics; licensure and regulation. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(S) Failed to report (defeated) in Education and Health (4-Y 11-N)03/04/10
notes: Increases the motor fuels tax rate by $0.10 per gallon and dedicates the additional revenue to the operation, maintenance, improvement, and expansion of the Commonwealth's transportation system.
HB 422 - Hope - Uniform Statewide Building Code; regulations of Board of Housing and Community Development. (H) Committee on General Laws(H) Left in General Laws02/16/10
notes: Provides additional funding for transportation by (i) imposing a motor fuels sales tax rate of four percent, phased in over four years, for highway maintenance; (ii) increasing the state sales tax in Northern Virginia by 0.5 percent for transportation projects in Northern Virginia; and (iii) adding an additional recordation tax in Northern Virginia at a rate of $0.40 per $100 valuation. The motor fuels tax is not effective until the unemployment rate in the Commonwealth decreases for four consecutive quarters after July 1, 2011. The bill also reduces the sales and use tax rate on food for human consumption from 1.5 percent to one percent, and repeals the authority for certain localities to impose a local income tax. In addition, the bill removes the sunset date from the 2009 Act of Assembly that reduced the special real property tax rate on commercial property in the localities embraced by the Northern Virginia Transportation Authority from $0.25 per $100 of assessed value to $0.125 per $100 of assessed value. Finally, the bill increases the special real property tax rate on commercial property in localities in Hampton Roads from $0.10 per $100 of assessed value to $0.125 per $100 of assessed value.
HB 427 - Griffith - Revenue Estimates, Advisory Council on; permits Governor to add any member of General Assembly. (H) Committee on Appropriations(H) Left in Appropriations02/16/10
notes: Provides that when allocating funds for the interstate system of highways, the primary system of state highways, and the secondary system of state highways maintained by the Commonwealth, the Commonwealth Transportation Board shall consider achieving a minimal level of disparity among highway construction districts in meeting asset management standards. Prior to such allocation, the Board shall release for public review a comparison of the proposed allocation of funds by highway construction district with an allocation of funds based entirely on specific asset management standards by highway construction district.
HB 688 - Miller, J.H. - Transportation district trains; unlawful to board or ride without a valid ticket. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0837)04/21/10
notes: Provides that any person convicted of a violation of § 18.2-248, 18.2-248.02, 18.2-248.03, 18.2-266, 29.1-738, or 46.2-341.24 when such offense involves the possession, manufacture, sale, or consumption of methamphetamine shall be required, if he is licensed to drive a motor vehicle in the Commonwealth, to have a special driver%92s license containing a unique identifying mark for a period of 18 months following his first licensure after the conviction indicating that he is a convicted methamphetamine offender. The same restriction would apply to a special identification card issued by the Department of Motor Vehicles.
HB 699 - Bulova - Uniform Commercial Code; prohibits inclusion in a sales agreement. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(S) Continued to 2011 in Commerce and Labor (15-Y 0-N)03/08/10
notes: Provides that when allocating funds for the interstate system of highways, the primary system of state highways, and the secondary system of state highways maintained by the Commonwealth, the Commonwealth Transportation Board shall consider achieving a minimal level of disparity among highway construction districts in meeting asset performance standards. Prior to such allocation, the Board shall release for public review a comparison of the proposed allocation of funds by highway construction district with an allocation of funds based entirely on specific asset performance standards by highway construction district.
HB 723 - Peace - Podiatry; testifying as an expert witness, definition of practice. (H) Committee for Courts of Justice

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0725)04/13/10
notes: Provides for transportation funding and administration in Hampton Roads, Northern Virginia, the Richmond Highway Construction District, and the Staunton Highway Construction District.
HB 728 - Albo - Conditions of release; person arrested for felony released to pretrial services agency if indigent. (H) Committee on Appropriations

(S) Committee for Courts of Justice
(S) Left in Courts of Justice03/08/10
notes: Provides that if a specific development or subdivision received final site plan or subdivision approval prior to the effective date of the locality's impact fee ordinance, the amount of the impact fee to be imposed may be determined at any time prior to the issuance of a building permit. Under current law, the amount of the impact fee must be determined before or at the time of site plan or subdivision approval.
HB 778 - LeMunyon - Legislative Support Commission; publication of House and Senate voting records. (H) Committee on Rules

(S) Committee on Rules
(S) Continued to 2011 in Rules (14-Y 2-N)03/05/10
notes: Prohibits tolling on Interstate 95 without the approval of the General Assembly.
HB 802 - Poindexter - Antique motorboats; establishes a special one-time $100 registration fee. (H) Committee on Agriculture, Chesapeake and Natural Resources(H) Stricken from docket by Agriculture, Chesapeake and Natural Resources02/03/10
notes: Imposes the Virginia Pump Toll ("FareShare"), in the amount of (i) $0.50 on each use of a retail motor fuels pump and an additional $0.50 when purchasing 35 or more gallons; (ii) $1.00 on each 12-gallon sale of gasoline (other than for resale) from a transport truck or tank wagon and on each 60-gallon sale of diesel fuel (other than for resale) from a transport truck or tank wagon; (iii) an amount to be determined by the Commissioner of the Department of Motor Vehicles on the bulk purchase of clean fuel other than electricity at a rate equivalent to $1.00 times the volume of clean fuel required to fill the average size fuel tank to three quarters full; and (iv) $0.50 on each sale of clean fuel at an electric vehicle charging service facility. Revenue from the FareShare shall be used for highway maintenance and operation in the highway construction district in which the motor fuel is sold. The amount of the FareShare increases by 10 percent every five years. The bill has a delayed effective date of January 1, 2013.
HB 827 - Surovell - Electronic recording of court proceedings; circuit & district court clerks have system in courtroom. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/16/10
notes: Repeals the allocation of funds to transportation districts.
HB 876 - Cline - Fences along Interstate highways; VDOT to adhere to local policies in installing. (H) Committee on Transportation(H) Continued to 2011 in Transportation02/02/10
notes: Transfers the administration and collection of the motor vehicle fuels sales tax imposed in certain transportation districts from the Department of Taxation to the Department of Motor Vehicles, effective July 1, 2013.
HB 889 - Barlow - Cigarette tax, local; authorizes any county to impose. (H) Committee on Finance(H) Left in Finance02/16/10
notes: Requires that, if tolls are collected for use of the Midtown or Downtown Tunnels between Norfolk and Portsmouth, users will be able to pay tolls without use of automated or electronic devices.
HB 892 - Barlow - Retirement System; member with less than 5 years service can withdraw under certain circumstances. (H) Committee on Appropriations

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0758)04/13/10
notes: Makes the retail sale of gasoline, diesel fuel, and other fuels subject to the general five percent retail sales and use tax and reduces the fuels tax on such fuels by $0.05 per gallon from $0.175 per gallon to $0.125 per gallon. Under current law, the sale of fuels is exempt from the general retail sales and use tax, but fuels are subject to a fuels tax imposed at the rate of $0.175 per gallon. Of the net additional revenues generated each year under the bill, $250 million would be deposited into the Highway Maintenance and Operating Fund and the remainder would be deposited into the Highway Construction Projects Trust Fund created under the bill.

Moneys deposited into the Highway Construction Projects Trust Fund would be used to finance or fund the construction, acquisition, reconstruction, or replacement of or improvements or additions to highway projects determined necessary by the Commonwealth Transportation Board. The bill also authorizes the issuance of up to $5 billion in bonds for such highway projects with the bonds and the interest thereon to be repaid from the net additional revenues generated by the bill and deposited into the Fund.

The Commonwealth Transportation Board is charged with ensuring that of the net additional revenues over the long term approximately 38 percent of such revenues would be used for projects in the Northern Virginia construction district, 31 percent for projects in the Hampton Roads construction district, and 31 percent for projects in all other construction districts in the Commonwealth.
HB 898 - Comstock - Instructional spending; local school board to report expenditures annually. (H) Committee on Education(H) Incorporated by Education (HB76-Bell, Richard P.)01/25/10
notes: Dedicates to the Highway Maintenance and Operating Fund (i) one-third of the total revenue from the insurance license tax and (ii) the amount of current state sales and use tax revenue attributable to a 0.25 percent sales and use tax rate.
HB 899 - Comstock - Higher educational institutions; certain governing bodies to establish rules to increase domiciles. (H) Committee on Appropriations(H) Left in Appropriations02/16/10
notes: Provides funds for statewide transportation by indexing the motor fuels tax rate to the National Highway Construction Cost Index. The bill also allocates a portion of current sales and use tax revenue by (i) dedicating the revenue equal to a one-quarter percent sales and use tax in Northern Virginia for transportation projects in Northern Virginia, and (ii) dedicating the revenue equal to a one-quarter percent sales and use tax in Hampton Roads for transportation projects in Hampton Roads.
HB 909 - Bell, Robert B. - Unclaimed property; storage fee for those in possession of sheriff or police. (H) Committee on Militia, Police and Public Safety

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0333)04/10/10
notes: Prohibits allocation by the Commonwealth Transportation Board (CTB) of any funds in the Transportation Trust Fund for highway maintenance purposes.
HB 983 - Jones - Contractors, Board for; installation of HVAC systems. (H) Committee on General Laws(H) Incorporated by General Laws (HB409-Oder)01/28/10
notes: Converts the rate of taxation on motor fuels from cents per gallon to a percentage rate. The bill provides that the Commissioner of the Department of Motor Vehicles shall calculate the percentage rate in an amount that will most closely yield the amount of cents per gallon being charged on the applicable motor fuel prior to the effective date of the bill. Thereafter, the percentage rates would not change, but would be applied against the average price per gallon of the fuel, less federal and state taxes, as determined by the Commissioner of the Department of Motor Vehicles over rolling six-month periods, to determine the cents to be charged.
HB 1018 - Hugo - Insurance policies; repeals a provision for countersignature requirements. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(G) Acts of Assembly Chapter text (CHAP0337)04/10/10
notes: Dedicates $50 million annually from the general fund to the U.S. Route 58 Trust Fund beginning July 1, 2013, until such time as Route 58 is completed to its intersection with Interstate 77 in Carroll County.
HB 1027 - Pollard - Investor-owned electric utilities; rate of return. (H) Committee on Commerce and Labor(H) Left in Commerce and Labor02/16/10
notes: Permits two or more localities that are constructing or operating high capacity transit systems to impose a local motor fuels tax at the rate of 2.1 percent of the wholesale price of fuels sold to retailers. The revenue generated from the tax shall be used to construct or operate high capacity transit systems.
HB 1039 - Byron - Medical information; notification to residents, etc., if information is subject of database breach. (H) Committee on Science and Technology

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0852)04/21/10
notes: Provides for increased highway maintenance payments by the Commissioner of Highways to municipalities where traffic volumes exceed the statewide average by more than 20 percent.
HB 1239 - Torian - Tuition, in-state; certain Department of Defense employees as result of Base Realignment & Closure. (H) Committee on Education(H) Left in Education02/16/10
notes: Increases the state retail sales and use tax from four percent to five percent beginning January 1, 2013, subject to a statewide referendum on the same. The increase in the state retail sales and use tax would result in a combined state and local retail sales and use tax of six percent. One-half of the revenues generated would be deposited into a new special fund, the Supplemental Highway Construction and Maintenance Fund, and one-half of the revenues generated would be used in accordance with the general appropriation act for the provision of mental health services, public K through 12 education, and public higher education.

Of the sales and use tax revenues deposited into the Supplemental Highway Construction and Maintenance Fund, $200 million each fiscal year would be used for the construction of secondary system roads. The remaining sales and use tax revenues deposited into the Fund would be distributed to the Highway Maintenance and Operating Fund to be used (i) to repair bridges that are structurally deficient or functionally obsolete and (ii) for maintenance of the Commonwealth's highways.
HB 1241 - Oder - Metropolitan planning organizations; membership. (H) Committee on Transportation

(S) Committee on Transportation
(G) Acts of Assembly Chapter text (CHAP0045)03/05/10
notes: Requires that the motor fuels tax rate be indexed on January 1, 2014, and each year thereafter, to the average percentage change in the U.S. Department of Transportation's Transportation Services Index for the three years ending October 31 of the year immediately preceding the affected year.
HB 1248 - Miller, P.J. - Prostitution; expands to a Class 1 misdemeanor. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/16/10
notes: Provides for the construction, maintenance, & funding of transportation: (i) creating transportation construction districts & the Transportation Improvement District Fund to fund certain transportation projects, including the authority to issue revenue bonds; (ii) creating the Virginia Toll Road Authority to fund transportation projects through tolls & other charges, (iii) increasing the dedicated transp. allocation of the sales tax from 0.5 to 0.75 percent, phased in over 8 years, with the additional revenue dedicated for highway maintenance and operation, (iv) increasing transportation's share of year-end surpluses to 75 percent, (v) dedicating a portion of revenue growth each year to transportation, & (vi) requiring localities to create transportation plans as part of comprehensive planning.

The bill authorizes the CTB to name highways, bridges, interchanges, & other transp facilities for private entities if an annual naming rights fee is paid, with the revenue dedicated to highway maintenance and operation. The bill charges the CTB with greater responsibilities involving integration of land use and transportation planning & authorizes the CTB to withhold federal and state funds for certain local or regional capital improvement projects if those projects are inconsistent with the Statewide Transportation Plan or the Six-Year Improvement Program. Provision is made for use of "revenue-sharing" funds for secondary highway system maintenance projects carried out by local governments. The bill provides for special allocations by the CTB for bridge reconstruction, high priority highway projects, & reconstruction of highways with particularly deteriorated pavements. It provides for the
HB 1297 - Gear - Fort Monroe Authority; created. (H) Committee on General Laws

(S) Committee on Local Government
(G) Acts of Assembly Chapter text (CHAP0338)04/10/10
notes: Prohibits tolls imposed for use of one transportation facility to be used in connection with another facility.
HJ 71 - Ware, O. - Celebrating the life of William E. Obenchain, Jr.  (H) Bill text as passed House and Senate (HJ71ER)01/22/10
notes: Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, Highway Maintenance and Operating Fund, and Priority Transportation Fund. All revenues dedicated to Transportation Funds on January 1, 2013, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the revenues dedicated to the Funds. The amendment requires Funds be appropriated only for transportation systems and projects. The General Assembly may borrow from the Funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan or reduction must be repaid with reasonable interest within three years. The amendment also limits the use of general and other nontransportation funds for transportation purposes except for obligations authorized or entered into before January 1, 2013.
HJ 90 - O'Bannon - Nursing homes; DHP to study advisability of permitting use of medication aides. (H) Committee on Rules

(S) Committee on Rules
(H) Bill text as passed House and Senate (HJ90ER)03/05/10
notes: Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, Highway Maintenance and Operating Fund, and other funds established by general law for transportation. All revenues dedicated to Transportation Funds on January 1, 2013, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the revenues dedicated to the Funds. The amendment limits the use of Fund moneys to transportation and related purposes. The General Assembly may borrow from the Funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan must be repaid with reasonable interest within four years.
SB 3 - Smith - Concealed handgun permits; renewal by mail. (H) Committee on Militia, Police and Public Safety

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0586)04/11/10
notes: Dulles Metrorail Project. Prohibits use of state funds for Phase II of the Dulles Metrorail Project if the Project is subject to a project labor agreement, the policies and bylaws of the Metropolitan Washington Airports Authority do not permit public access to MWAA's meetings and records as provided in Virginia's FOIA, or the Project is not subject to audit by VDOT or the Auditor of Public Accounts.
SB 138 - Miller, J.C. - Payday loans; permitted interest. (S) Committee on Commerce and Labor(S) Incorporated by Commerce and Labor (SB250-Reynolds) (15-Y 0-N)02/08/10
notes: Transfers the administration and collection of the motor vehicle fuel sales tax imposed in certain transportation districts from the Department of Taxation to the Department of Motor Vehicles, effective July 1, 2013.
SB 162 - Edwards - Capital cases; sentencing proceeding. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0658)04/12/10
notes: Increases or decreases each year the rates of Virginia's fuels taxes using a fuel efficiency index. The bill would define the fuel efficiency index as the quotient that is obtained when using as the numerator the total annual vehicle miles traveled in the Commonwealth for the relevant year and using as the denominator the total gallons of motor fuel consumed for highway use in the Commonwealth for the relevant year. The numerator and denominator would be the corresponding amounts as published by the Federal Highway Administration of the United States Department of Transportation.

The bill would establish 2007 as the base year for the fuel efficiency index. Thus, the percentage change in the fuel efficiency index between the current year and 2007, the base year, would determine the annual percentage increase or decrease in the rates of Virginia's fuels taxes. Each December the Commissioner of the Department of Motor Vehicles would compute the adjusted rates of fuels taxes.

Currently, Virginia's fuels taxes are fixed at the rate of $0.175 per gallon for each gallon of gasoline, gasohol, and diesel fuel.
SB 213 - Barker - Retirement System; retirees hired as school board security personnel. (H) Committee on Appropriations

(S) Committee on Finance
(H) Left in Appropriations03/14/10
notes: Provides that allocation of funds by the Commonwealth Transportation Board for maintenance of assets within the Interstate System of Highways and the primary and secondary systems of state highways shall be based on achieving a minimal level of disparity among highway construction districts in meeting asset management standards.
SB 631 - Marsh - Gang-free zones; expanded to include any school bus stop or public buildings, etc. (S) Committee on Finance(S) Continued to 2011 in Finance (15-Y 0-N)02/10/10
notes: Requires that the motor fuels tax rate be indexed each year to the percentage change in the U.S. Department of Labor's Producer Price Index for Other Nonresidential Construction from January 1 through December 31 of the year immediately preceding the affected year.
SB 639 - McEachin - Health records; penalty for delay. (S) Committee on Education and Health(S) Continued to 2011 in Education and Health (15-Y 0-N)01/28/10
SJ 2 - Blevins - Commending Sean Fleming.  (S) Bill text as passed Senate and House (SJ2ER)03/14/10
notes: Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, Highway Maintenance and Operating Fund, and other funds established by general law for transportation. All revenues dedicated to Transportation Funds on January 1, 2013, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the revenues dedicated to the Funds. The amendment limits the use of Fund moneys to transportation and related purposes. The General Assembly may borrow from the Funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan must be repaid with reasonable interest within four years.
SJ 6 - Reynolds - Celebrating the life of Master Sergeant Jerome David Hatfield.  (S) Bill text as passed Senate and House (SJ6ER)03/14/10
notes: Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, Highway Maintenance and Operating Fund, and other funds established by general law for transportation. All revenues dedicated to Transportation Funds on January 1, 2013, by general law, other than a general appropriation law, shall be deposited to the Transportation Funds, unless the General Assembly by general law, other than a general appropriation law, alters the revenues dedicated to the Funds. The amendment limits the use of Fund moneys to transportation and related purposes. The General Assembly may borrow from the Funds for other purposes only by a vote of two-thirds plus one of the members voting in each house, and the loan must be repaid with reasonable interest within four years.
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