Government Affairs

General Assembly Update

February 25, 2009

GENERAL ASSEMBLY UPDATE

The General Assembly is scheduled to adjourn this weekend, assuming that the budget conferees can resolve the remaining issues on Virginia’s $3 billion budget shortfall.

There were a number of transportation funding bills introduced this session, including bills to: increase the gas tax; provide revenues for transportation in Hampton Roads, Northern Virginia, Salem, Richmond and Staunton based on a percentage of any increase in the tax revenues generated by ports, airports and inland ports in those areas; convert the per gallon gas tax to a percentage tax; and, apply an annual inflation adjustment to the fuel tax. All of those bills have failed to advance.

Other bills affecting our industry have been resolved positively, including bills on: severance taxes for aggregate producers; overweight truck fees; tax exemptions for pollution control equipment; and, “double bonding” on construction projects.

Attached is a list of the major bills we are working on. You can read the details of any of these bills by going to Bill Tracking and typing in the number of the bill.

2009 VTCA Legislation

HB 1579 Transportation funding and administration. Provides for transportation funding and in Hampton Roads, Northern Virginia, Richmond, Salem and Staunton Districts by committing a certain percentage of “future” growth in tax revenues from the Port of Virginia, inland ports and Dulles and Regan airports. Patrons: Oder, Albo, Athey, Cole, Gear, Hamilton, Hugo, Iaquinto, Knight, Lingamfelter, Miller, J.H., Pogge and Rust

Passed the House: 67-Y 31-N. Defeated in Senate Finance 7-Y 9-N

HB 1580 Hampton Roads Transportation Authority. Abolishes the Authority and the taxes, fees, and charges dedicated to financing its operation and programs. Patrons: Oder, Athey, Gear, Hamilton and Iaquinto

Passed the House: 99-Y 0-N. Passed Senate Transportation with substitute.

HB 1628 Contractor performance bonds; amount for locally administered transportation improvement projects. Provides that whenever any county, city, or town undertakes administration of a transportation improvement project and obtains, in connection therewith, contractor performance bonds that include the Virginia Department of Transportation as a dual obligee, the amount of such bonds shall be no greater than would have been required had the Department not been included as a dual obligee. This bill incorporates HB 1677. Patron: Cole

Passed the House: 98-Y 0-N. Passed Senate Transportation 15-0

HB 1633 Offshore drilling. Apportions any royalties that the Commonwealth might receive from offshore drilling for natural gas and oil among the Transportation Trust Fund, Renewable Electricity Production Grant Fund, the Virginia Coastal Energy Research Consortium, and programs developed by the Secretary of Natural Resources to clean up the Chesapeake Bay.

Passed the House: 58-Y 41-N. Passed by indefinitely in Senate Finance.

HB 1645 Urban highway system construction allocations. Provides that not more than two-thirds (instead of the present one-third) of the annual urban system highway funds apportioned to a city or town may be used to reimburse the locality for debt service for bonds or eligible project costs incurred on approved projects included in the Six-Year Improvement Program of the Commonwealth Transportation Board and the city’s or town’s capital improvement program. Patrons: Marshall, D.W. and Merricks

Passed the House: 98-Y 0-N. Passed House 32-Y 8-N

HB 1661 Motor fuels tax. Converts the rates of taxation on motor fuels from cents per gallon to percentage rates. Patron: Scott, J.M.

Left in House Finance

HB 1669 Income tax for Transportation and Education. Provides that the Commonwealth shall return to cities and counties 50 percent of the growth in income tax collections for each city or county. The amounts returned shall be expended for school construction costs and transportation needs of the cities and counties. Patrons: Albo, Rust and Frederick

Left in House Appropriations

HB 1723 Highway Maintenance and Operating Fund. Changed the formula for allocating the proceeds of the Highway Maintenance and Operating Fund. Patrons: Albo, Rust, Hugo, Miller, J.H. and Nichols

Left in House Appropriations

HB 1752 Weight limits for gravel trucks. Extends until July 1, 2010, the sunset on the statute granting trucks hauling gravel, sand, or crushed stone no more than 50 miles from origin to destination in counties that impose a severance tax on coal and gases the same weight limits prescribed for coal trucks. Patron: Carrico

Passed House 98-Y 0-N. Passed Senate Committee on Transportation with substitute.

HB 1759 Transportation Capital Projects Bond Act of 2009. Authorizes the Commonwealth Transportation Board to issue bonds in an aggregate amount not to exceed $4.81 billion for specific transportation projects throughout the Commonwealth. The bonds will be paid for by the revenues collected for each project through tolls and other fares or fees.

Left in House Appropriations

HB 1839 Commercial real estate tax for transportation. Provides that half of the current special tax on commercial real property in Northern Virginia be used for local projects pursuant to existing law, and half be used to construct new roads or construct new transit, provided that the projects are approved by the most recent long-range plan of the Northern Virginia Transportation Authority. The bill accomplishes this by halving the rate of the special tax under current law (from $0.25 to $0.125) and providing for an additional tax for the new construction of roads and transit at the same rate. Patron: Albo

Left in House Finance.

HB 1846 Motor fuels tax; converts rates to percentage that shall be calculated by DMV Commissioner. Eliminates the current seventeen and one-half cents per gallon motor fuels tax and replaces it with a 5% sales and use tax, while retaining the collection of the replacement tax at the “rack” or terminal (wholesale level) where the current cents per gallon tax is collected. Patron: Lingamfelter

Left in House Finance

HB 1848 Transportation; Auditor of Public Accounts to administer operational performance audit. Provides for the Auditor of Public Accounts to administer an operational and programmatic performance audit focusing on the agencies within the Transportation Secretariat. Patrons: Lingamfelter, Oder, Athey, Bouchard, Cole and Rust

Tabled in House Appropriations

HB 1861 Street maintenance payments. Provides for increased payments where traffic volumes exceed the statewide average by more than 20 percent. Patron: Shannon

Left in House Appropriations

HB 1993 Highway maintenance funds. Requires the CTB in allocating highway maintenance funds, to achieve a minimal level of disparity among VDOT’s highway construction districts in meeting asset management performance standards established under § 33.1-13.02. Patrons: Bulova; Senator: Petersen

Left in House Appropriations

HB 2019 Transportation corridors. Allows the Commonwealth Transportation Board to establish transportation corridors in connection with the establishment of the Statewide Transportation Plan. This bill incorporates HB 2420. Patrons: Rust, Albo, Cline, Landes, Oder, Saxman and Valentine

Passed House 99-Y 0-N. Passed Senate Transportation Committee.

HB 2066 Public-Private Transportation Act of 1995. Establishes provisions that apply when a state agency acting as a responsible public entity considers a proposal for a transportation facility. The agency is required to conduct an initial review of competing proposals and present its recommendations to the Commonwealth Transportation Commissioner within 60 days after the required publication period. Following the Commonwealth Transportation Commissioner’s acceptance of the proposal, the agency shall, within 60 days, return to the private entity with a request for a detailed submission, and the private entity shall complete and resubmit the submission within 120 days. A resubmitted proposal shall be acted upon by the agency within 90 days, and negotiations on an agreement shall begin within 30 days thereafter. The procedures apply only to proposals submitted on or after January 1, 2008. The measure also requires the Department of Transportation to (i) complete the detailed phase review and select a private entity with which it will execute an interim or comprehensive agreement for the construction of the Downtown Tunnel/Midtown Tunnel/MLK Extension project no later than January 1, 2010, and (ii) solicit proposals for the improvement of the Hampton Roads Bridge-Tunnel no later than January 1, 2010. Patrons: Hamilton and Athey

Passed House: 68-Y 29-N 1-A. Left in Senate Transportation.

HB 2075 Overweight/oversize vehicle permits. Provides that violation of terms and conditions of excessive size and weight permits shall not invalidate the weight allowed on such permit unless (i) the permit vehicle is operating off the route listed on the permit, (ii) the vehicle has fewer axles than required by the permit, (iii) the vehicle has less axle spacing than required by the permit when measured longitudinally from the center of the axle to center axle with any fraction of a foot rounded to the next highest foot, or (iv) the vehicle is transporting multiple items not allowed by the permit. Patron: Scott, E.T.

Passed House 98-Y 1-N. Passed Senate Transportation.

HB 2076 Tolls. Prohibits imposition and collection of tolls for use of (i) Interstate Route 64 between the Virginia Route 143 (Jefferson Avenue) interchange in the City of Newport News and the Hampton Roads Bridge-Tunnel and (ii) Interstate Route 664 between Interstate Route 64 and the Monitor-Merrimac Memorial Bridge-Tunnel. Patron: Oder

Left in House Transportation

HB 2079 Hampton Roads Bridge-Tunnel. Directs the Virginia Department of Transportation to accept unsolicited proposals to add capacity to the Hampton Roads Bridge-Tunnel. Patrons: Oder, Athey and Hamilton

Passed House: 65-Y 31-N 1-A. Passed Senate Transportation Committee.

HB 2084 Tax exemption for pollution control equipment. Exempts certain pollution control equipment and facilities from local property taxes. Patron: Purkey.

Passed House: 99-0. Passed Senate Finance with amendment.

HB 2099 George Washington Toll Road Authority. Creates a toll road authority encompassing the City of Fredericksburg and the County of Spotsylvania for the purposes of alleviating highway congestion, promoting highway safety, expanding highway construction, increasing the utility and benefits and extending the services of public highways, including bridges, tunnels and other highway facilities, both free and toll, and otherwise contributing to the welfare of the Commonwealth and the George Washington Region. Patron: Orrock

Passed House: 99-Y 0-N. Passed Senate Finance Committee with substitute.

HB 2117 HOT lanes. Prohibits the designation of HOT lanes on any portion of I-95 between the Potomac River and the City of Fredericksburg. Patron: Nichols

Tabled in House Transportation.

HB 2118 Secondary highway system construction allocations. Reallocates construction funds among the counties in the state secondary highway system solely on the basis of population. Presently, allocations are made on the basis of population (80 percent) and area (20 percent). Patron: Nichols

Left in House Appropriations

HB 2121 Public Procurement Act; verification of legal presence of contractors for employment. Requires all public contractors and their subcontractors to register and participate in a federal Electronic Work Verification Program or similar electronic verification of work authorization program to determine that their employees and individual independent contractors are legally eligible for employment in the United States. Patron: Nichols

Left in House Courts of Justice

HB 2130 Supplemental Highway Construction Fund. Allocates 10 percent of the annual growth in general fund revenues to highway construction. Patron: Miller, J.H.

Left in House Appropriations

HB 2147 Architects, Professional Engineers, Land Surveyors, etc., Board for; land surveyors.

HB 2158 Charlottesville-Albemarle Regional Transit Authority. Establishes a local transit authority in the Charlottesville-Albemarle area. Patrons: Toscano, Abbitt and Landes; Senators: Deeds and Hanger

Passed House: 95-Y 4-N. Passed Senate Committee on Local Government.

HB 2161 Retail Sales and Use Tax for transportation. Permits the City of Charlottesville and Albemarle County to impose an additional sales and use tax at a rate not exceeding one percent, provided that all revenue generated from the additional tax is used solely for transit or other transportation projects. Patron: Toscano

Left in House Finance

HB 2186 Coal and gas road improvement tax. Extends the sunset date to 2014 for the coal and gas road improvement tax. Patron: Phillips

Passed House: 86-Y 12-N. Passed Senate Finance Committee.

HB 2194 Motor fuels tax rate increase. Increases the motor fuels tax by $0.10 per gallon, minus $0.01 for each $0.20 that the average price of gasoline exceeds $3.00. The tax will be indexed every two years beginning July 1, 2010, by an amount equal to the percentage change in the U.S. Department of Labor’s Producer Price Index for Highway and Street Construction. The revenue generated is used for transportation purposes as required by existing law, and allocates primary system highway construction funds among the nine highway construction districts on the basis of the ratio of vehicle miles traveled on primary highways divided by the lane miles of primary highways in each highway construction district, weighted 90 percent, and a need factor, weighted 10 percent. Patrons: Watts; Senator: Ticer

Left in House Finance

HB 2202 Greenhouse gas emissions. Requires that the State Air Pollution Control Board adopt regulations requiring the reporting of greenhouse gas emissions

Tabled in House Agriculture, Chesapeake and Natural Resources

HB 2206 Budget Bill; funding for transportation. Requires the Governor to include in his Budget Bill funding for transportation in the biennium in an amount equal to at least 10 percent of the amount by which the projected general fund revenues for the biennium exceed the general fund revenues of the immediately previous biennium. Patron: Frederick

Left in House Appropriations

HB 2217 Board for Architects, Professional Engineers. Provides that the Board shall, by regulation, require each architect or professional engineer to maintain an errors and omissions policy that is acceptable to the Board and to provide a certification or attestation that such policy is in effect as a prerequisite to license issuance or renewal. Patron: Jones (by request)

Left in House General Laws

HB 2230 Highway construction allocations in NOVA and Hampton Roads. Provides that every year, the Commonwealth Transportation Board must allocate to highway construction projects in the Northern Virginia highway construction district or the Hampton Roads highway construction district at least as much as was allocated for highway construction in each respective district in fiscal year 2008-09. Patrons: Marsden; Senator: Petersen

Left in House Appropriations

HB 2250 Severance tax. Adds sand, marl, and gravel to the list of items on which localities may impose the severance tax. Patron: Barlow

Left in House Finance

HB 2319 Overload and overweight permits. Revises the fees for vehicle overload and overweight permits to conform to recommendations of the Virginia Transportation Research Council. Patron: Marshall, R.G.

Passed by in Transportation.

HB 2425 Highways, primary and secondary; transfer roads, bridges, etc., to local system of roads. Provides for the transfer of roads, bridges, and streets from the primary system of state highways to the local system of roads operated by certain localities. Also provides that any county choosing to resume responsibility over the secondary roads within its boundaries shall be deemed to have withdrawn from the secondary system of state highways. Patron: May

Passed House: 98-Y 0-N. Passed Senate Transportation Committee.

HB 2480 Real property tax; commercial property in Northern Virginia and Hampton Roads. Requires localities to use the revenue from the special real property tax on commercial property in localities embraced by the Northern Virginia Transportation Authority or the Hampton Roads Transportation Authority solely for (i) new road construction and associated design and right of way acquisition, (ii) new public transit construction and associated design and right of way acquisition, and (iii) other initial capital costs related to new transportation projects and the operating costs directly related thereto. Under current law, the localities must use the revenue for transportation purposes that benefit the special regional transportation tax district to which the locality belongs. Patrons: Hugo and Vanderhye

Passed House: 99-Y 0-N. Passed Senate Committee on Finance with substitute.

HB 2577 Highway noise abatement. Whenever the Commonwealth Transportation Board or the Department plan for or undertake any highway construction or improvement project and such project includes or may include the requirement for the mitigation of traffic noise impacts, consideration should be given to the use of noise reducing design and low noise pavement materials and techniques in lieu of construction of noise walls or sound barriers. Landscaping in such a design would be utilized to act as a visual screen if visual screening is required. Patrons: May, Albo, Iaquinto, Orrock and Rust

Passed House 99-Y 0-N. Passed Senate 40-Y 0-N

HB 2615 Public Procurement Act; increases amount for single or term contracts for professional services. Increases the amount from $30,000 to $50,000 for single or term contracts for professional services not requiring competitive negotiation. Patron: Iaquinto

Passed House 98-Y 0-N. Passed Senate 40-Y 0-N.

HB 2667 Central Virginia Regional Transportation Authority. Creates an authority to include the County of Chesterfield and the City of Richmond. The Authority may also include other localities in the Richmond region. The Authority shall have powers related to transportation infrastructure improvements. The member localities shall also have additional revenue authority to meet the purposes of the transportation authority. Patron: Hall

Tabled in House Counties, Cities and Towns

HJ 620 Constitutional amendment; Transportation Fund, Highway Maintenance and Operating Fund. 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. Patrons: Oder, Athey, Bell, Cole, Crockett-Stark, Frederick, Gilbert, Hamilton, Janis, Lingamfelter, Marshall, D.W., Miller, J.H., Nichols, Pogge, Rust, Valentine and Watts

Passed House: 99-Y 0-N. Passed Senate with substitute.

HJ 626 Motor fuel tax; joint subcommittee to study replacement with mileage-based fee. Establishes a joint subcommittee to study the desirability and feasibility of replacing the state motor fuel tax with a mileage-based fee predicated on vehicle-miles traveled in Virginia. Patron: Poisson

Left in House Rules

HJ 687 Highways; Joint Commission on Transportation Accountability. Requires the Joint Commission on Transportation Accountability to develop a plan to toll certain highways. Patrons: Rust and Albo

Left in House Rules

HJ 770 Virginia’s Transportation Needs. Creates the Commission on Virginia’s Transportation Needs to look at transportation needs in Virginia and alternatives for planning and financing Virginia’s transportation system. Patrons: May, Albo, Hall, Rust, Toscano and Valentine

Left in House Rules

SB 834 Public Procurement Act; procurement of architectural & professional engineering service for project. Provides that a contract for architectural or professional engineering services relating to construction projects negotiated by a local public body for multiple projects may be renewable for up to four additional one-year terms at the option of the public body. Under current law such contracts are renewable for up to two additional one-year terms. Patron: Locke

Passed Senate: 40-0. Passed House Committee on General Laws.

SB 1018 Hampton Roads Transportation Authority; taxes, fees, etc. dedicated to financing its operation. Abolishes the Hampton Roads Transportation Authority and repeals the various taxes associated with the Authority and local governments embraced by the Authority. The bill also requires that the Statewide Transportation Plan incorporate long-range plan measures and goals developed by the Hampton Roads Metropolitan Planning Organization, instead of those of the Authority. Patron: Miller, J.C.

Passed Senate: 40-0. Passed House Transportation with subsititute.

SB 1041 Fuels taxes; annually adjusted. Adjusts fuels taxes each year on April 1 by the percentage increase in the Corporate Average Fuel Economy (sales volume weighted), Total Fleet (the CAFE) for the immediately preceding calendar year over the CAFE for calendar year 2008. The first adjustment would occur on April 1, 2010. Patron: Hanger

Left in Senate Finance

SB 1048 Temporary vehicle registrations and overload and overweight permits; revises fees. Revises the fees for temporary vehicle registrations and vehicle overload and overweight permits. Patron: Miller, Y.B.

Passed by in Senate Transportation Committee.

SB 1101 Racing Commission; authorizes wagering on historical horse racing. Authorizes wagering on historical horse racing. The bill also allocates the proceeds from such racing with 37 percent of the proceeds distributed to the Commonwealth Transportation Trust Fund and the remaining 63 percent distributed to other entities. Patron: Herring

Stricken by patron.

SB 1145 Greenhouse gas emissions; State Air Pollution Control Board to adopt regulation requiring reporting. Requires that the State Air Pollution Control Board adopt regulations requiring the reporting of greenhouse gas emissions. Patron: Whipple

Passed Senate: 22-18. Tabled in House Agriculture, Chesapeake and Natural Resources Committee.

SB 1203 Public Procurement Act; prequalification for certain transportation contracts. Provides for a public body to inform the offeror at the early stage of informal interviews of any ranking criteria that will be used in addition to the review of the professional competence. Patron: Puckett

Passed Senate: 40-Y 0-N. Passed House General Laws Committee.

SB 1238 Rail and Public Transportation, Department of; Director may procure architectural, etc. services. Grants the Director of VDRPT, in procuring architectural and engineering services for rail and public transportation construction projects, the same procurement powers granted to the VDOT Commissioner by the Virginia Public Procurement Act. Patron: Barker

Passed Senate: 37-1. Passed to House Committee on Transportation.

SB 1242 Small Business Financing Authority; activities under Public-Private Transportation Act of 1995. Authorizes the Virginia Small Business Financing Authority to provide private activity bond financing for entities existing for the sole purpose of developing or operating a qualified transportation facility under the Public-Private Transportation Act of 1995. Patron: Stosch

Passed Senate: 40-Y 0-N. Passed House General Laws Committee.

SB 1283 Motor fuels tax; change in tax basis. Replaces $0.05 per gallon of the current fuels tax on gasoline, gasohol, and diesel fuel with a cents-per-gallon tax equal to five percent of the statewide average wholesale price of a gallon of self-serve unleaded regular gasoline. The change to the fuels tax rate would only occur if the statewide weekly average wholesale price of a gallon of self-serve unleaded regular gasoline falls below $0.99 per gallon. Patron: Newman

Stricken at request of Patron in Finance

SB 1368 Highway systems; allocation of maintenance funds. Requires the Commonwealth Transportation Board to utilize the estimated budget required to meet performance standards for asset management under § 33.1-13.02 in determining the total amount of funds that are reasonable and necessary for maintenance of roads; the allocation of the total amount of funds made available for maintenance shall be based on achieving a minimal level of disparity in meeting asset management performance standards established under § 33.1-13.02; such provision to be fully implemented by fiscal year 2015. Patrons: Barker and Petersen; Delegate: Nichols

Passed Senate: 25-Y 15-N. Passed House Transportation, referred House Committee on Finance.

SB 1397 Racing Commission; allocations from simulcast horse racing. Authorizes wagering on historical horse racing. The bill also and allocates the proceeds from such racing with fifty percent of the proceeds will be distributed to the Commonwealth Transportation Trust Fund and the remaining fifty percent distributed to other entities. Patron: Norment

Stricken at request of Patron in General Laws and Technology.

SB 1464 Chief Executive Officer for Transportation; abolished Commonwealth Transportation Commissioner. Abolishes the office of Commonwealth Transportation Commissioner and replaces that position with a Chief Executive Officer for Transportation who takes over the powers, duties, and responsibilities of the Commonwealth Transportation Commissioner, the Director of the Department of Aviation, and the Director of the Department of Rail and Public Transportation. The Virginia Board of Aviation and the Rail Advisory Board are also abolished, and their functions transferred to the Commonwealth Transportation Commission. The composition of the Commonwealth Transportation Board is changed to remove the Secretary of Transportation, the Commonwealth Transportation Commissioner, and the Director of the Department of Rail and Public Transportation and to provide for election of the at-large members of the Board by the General Assembly. Patron: McDougle

Passed by in Senate Transportation.

SB 1482 Transportation Capital Projects Bond Act of 2007; repeals Act. Repeals the Commonwealth Transportation Capital Projects Bond Act of 2007. Patron: Hanger

Left in Senate Finance

SB 1498 Motor fuels tax; converts rates to percentage. Replaces the current fuels tax on gasoline, gasohol, and diesel fuel with a tax that is a percentage of the wholesale price of a gallon of self-serve unleaded regular gasoline. Patron: Barker

Left in Senate Finance.

SB 1499 E-Verify program; state agencies, etc. to verify social security number of newly hired employees. Requires state agencies and contractors with state agencies to verify the social security number of newly hired employees using the E-Verify Program. Patron: Barker

Defeated in Senate General Laws and Technology.

SB 1500 Overload and overweight permits; to establish a new schedule of fees. Requires the Commonwealth Transportation Board, in consultation with the Commissioner of the Department of Motor Vehicles, to establish a new schedule of fees for issuance of overweight and overload vehicle permits. Patron: Barker

Subject matter referred by letter to the Commission on Transportation Accountability.

SB 1530 Subdivision streets; acceptance into state secondary highway system. Provides that no secondary street can be taken into the state secondary highway system unless and until any and all required permits have been obtained and any outstanding fees, charges, or other financial obligations of whatsoever nature have been satisfied or provision has been made, whether by the posting of a bond or otherwise, for their satisfaction. Patrons: Norment and Stolle

Passed Senate: 40-Y 0-N. Passed House Transportation.

SB 1532 Motor fuels tax; changes percentage in Northern Virginia. Changes the tax on fuels sales in Northern Virginia such that the tax would be collected by distributors at the time of making fuels sale to retail dealers located in Northern Virginia. The rate of the tax would also be changed from 2 percent to 2.1 percent. Patron: Saslaw

Passed Senate: 34-Y 6-N. Passed House 95-Y 0-N

SB 1534 Central Virginia Regional Transportation Authority. Creates an authority to include the County of Chesterfield and the City of Richmond. The Authority may also include other localities in the Richmond region. The Authority shall have powers related to transportation infrastructure improvements. The member localities shall also have additional revenue authority to meet the purposes of the transportation authority. Patron: Watkins

Passed Senate: 21-Y 19-N. Passed House Counties, Cities and Towns Committee with amendments.

SJ 323 Constitutional amendment (first resolution); Transportation Funds. 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, Priority Transportation Fund, and other funds dedicated to transportation by general law. Patron: Martin

Defeated in Senate Privileges and Elections.

SJ 347 Constitutional amendment; right to work (first reference). Provides that any agreement or combination between any employer and any labor union or labor organization whereby persons not members of such union or organization shall be denied the right to work for the employer, or whereby such membership is made a condition of employment or continuation of employment by such employer, or whereby any such union or organization acquires an employment monopoly in any enterprise, is against public policy and an illegal combination or conspiracy. Patrons: McDougle, Blevins, Cuccinelli, Hanger, Hurt, Martin, Newman, Norment, Obenshain, Quayle, Ruff, Smith, Stolle, Stosch, Stuart, Vogel and Wampler

Passed by indefinitely in Senate Privileges and Elections.

SJ 361 Constitutional amendment; Transportation Funds (first reference). 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. Patron: Norment

Passed by Senate: 31-Y 8-N. Passed House Privileges and Elections Committee with substitute.