Government Affairs

General Assembly Update

Legislation as of 1/25/2008

HB 18 Environmental Quality, Department of; consolidation of various boards, increase of authority.  Amends legislation passed during the 2007 Session of the General Assembly to consolidate the existing three citizen boards-the State Air Pollution Control Board, the State Water Control Board, and the Waste Management Board-into one 11-member citizen board. The existing three citizen boards would retain authority over any applications for permits and amendments pending before the end of 2007 until the earlier of the resolution of the application or June 30, 2010. Patron: Englin; Committee on Agriculture, Chesapeake and Natural Resources

HB 19 Department of Environmental Quality. Repeals legislation passed during the 2007 Session of the General Assembly to consolidate the existing three citizen boards-the State Air Pollution Control Board, the State Water Control Board, and the Waste Management Board-into one 11-member citizen board. Patron: Englin; Committee on Agriculture, Chesapeake and Natural Resources

HB 25 Safe driving points; allows drivers to accumulate up to 10 in one year and 5 for safe driving class. Allows drivers to accumulate up to 10 (rather than five) “good” points—one a year for 10 years. The bill also allows five “good” points for satisfactory completion of a safe driving class up to twice in 10 years. Patron: Marshall; Committee on Transportation

HB 26 Civil remedial fees on certain drivers; repealed. Repeals Section 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers. Patron: Putney; Committee Referral Pending

HB 41 Motor fuels tax; modifies rates of taxation thereof. Modifies the rates of taxation on motor fuels to be the greater of (i) the current specific cents-per-gallon rates or (ii) percentage rates, 7.7 percent for gasoline and gasohol, and 6.8 percent for diesel. The percentage rates would be applied against the average price per gallon of the fuel, less federal and state taxes, as determined by the Commissioner of the Division of Motor Vehicles over rolling six-month periods. Patron: Scott, J.M. Referred to Committee on Finance

HB 50 Civil remedial fees on certain drivers; repealed. Repeals Section 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers. Patron: Cole; Committee Referral Pending

HB 67 Civil remedial fees on certain drivers; repealed. Repeals Section 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers. Patron: Marshall, R.G. Committee Referral Pending

HB 84 Virginia-North Carolina Interstate Toll Road Compact; repealing Compact. Repeals the Virginia-North Carolina Interstate Toll Road Compact. Patron: Landes; Passed House 96-0; now before Senate Committee on Privileges and Elections

HB 90 Public Procurement Act; verification of legal presence for eligibility of 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. Contractors and subcontractors are required to verify the employment status of their employees and independent contractors, and are prohibited from employing or contracting with an individual who is not determined to be legally eligible for employment in the United States as determined through the verification of the individual’s status. Contractors who do not register and participate in the registration program are ineligible for prequalification. Patron: Nichols; Committee on Rules

HB 94 Secondary highway system; allocates construction funds among counties based on population. Allocates 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%) and area (20%). Patron: Nichols; Committee on Appropriations

HB 108 Reckless driving; drivers of certain heavy trucks exceeding posted speed limit guilty thereof. Reduces from 20 mph to 10 mph the amount by which drivers of heavy trucks must exceed the posted speed limit to be guilty of reckless driving. Patron: Cole; Committee on Transportation

HB 111 Highway systems; revenue-sharing funds therefor in certain counties, cities, and towns. Provides that, from additional revenues made available by the General Assembly after January 1, 2008, and appropriated for the improvement, construction, or reconstruction of the systems of state highways, the Commonwealth Transportation Board must make an equivalent matching allocation to any county, city, or town for designations by the governing body of up to $1 million in county, city, or town general funds for use by the county, city, or town to construct or improve the highway systems within such county, city, or town. After adopting a resolution supporting the action, the governing body may request revenue-sharing funds to construct or improve a highway system located in another locality, between two or more localities, or to bring subdivision streets, used as such prior to July 1, 1992, up to standards sufficient to qualify them for inclusion in the state primary and secondary system of highways. All requests for funding shall be accompanied by a prioritized listing of specific projects. In allocating these funds, the Board must give priority (i) first when such project is administered by the county, city, or town, either directly or by contract with another entity, (ii) second when such county, city, or town commits more local funding than the amount of revenue-sharing funding requested, and (iii) third when the allocation will accelerate an existing project in the Six-Year Improvement Program or the locality’s capital plans. Any funds remaining may be applied to any other project that requires an equivalent matching allocation from the governing body. Patron: Scott, E.T.; Committee on Appropriations

HB 135 High-occupancy toll (HOT) lanes; prohibits designation thereof on certain portions of I-95. Prohibits the designation of HOT lanes on any portion of I-95 between the Potomac River and the City of Fredericksburg. Patron: Nichols; Committee on Transportation

HB 147 Transportation Plan; Plan to include regional goals and performance measures for highway districts. Requires that the Statewide Transportation Plan include regional goals and performance measures for each highway construction district and an assessment of the fulfillment of these goals and performance measures for each highway construction district. Patron: Fralin; Committee on Transportation

HB 148 Vehicle weight law enforcement; authorizes enforcement by full-time sworn members of DMV. Authorizes enforcement of vehicle weight laws by full-time sworn members of the enforcement division of DMV as provided in Section 46.2-217. Patron: Fralin; Committee on Transportation

HB 154 Civil remedial fees; repeals provision for those imposed on certain drivers. Repeals Section 46.2-206.1 of the Code of Virginia, which provided for imposition of civil remedial fees on certain drivers. The bill further provides for refunds of any fees paid, with interest. Patron: Nichols; Referral Pending

HB 161 Liquidated damage fees; fees to be paid by all abusive drivers on State highways. Repeals civil remedial fees and replaces with liquidated damage fees to be paid by all abusive drivers on Virginia highways rather than solely Virginia residents. The bill specifically enumerates those offenses for which the fees shall be paid. The bill also requires the payment of liquidated damage fees on the basis of the accumulation of driver demerit points. The bill provides that a court may suspend the payment of such fees when a person is convicted of driving on a suspended license and the suspension was a result of a failure to pay a fine, DMV fee, or liquidated damage fee. Patron: Albo; Committee Referral Pending

HB 179 Civil remedial fees; alternatives to fee for certain offenses. Provides that if a reckless driving offense involves speeding in excess of 85 miles per hour, the court may, in its discretion, order the installation of a device to limit the speed of the vehicle routinely driven by the defendant to 75 miles per hour in lieu of a civil remedial fee. The bill also provides that if the offense involves driving while intoxicated in violation of Section 18.2-266, 18.2-266.1, or 46.2-341.24 the court may, in its discretion, order that the person install and use an ignition interlock system in accordance with the provisions of Sections 18.2-270.1 and 18.2-270.2 for a period of 12 consecutive months in lieu of a civil remedial fee. Patron: Marshall; Committee Referral Pending

HB 185 Trucks and combination vehicles; Transportation Board to impose fee for use in maintaining highways. Requires the Commonwealth Transportation Board to impose a fee on trucks and combination vehicles for use in maintaining state highways. The Board is to calculate, impose, and collect a fee for damage done to highways by certain vehicles. The amount of the fee is to be based on the difference between the amount received annually by the Commonwealth from the federal government for highway maintenance and the annual cost to the Commonwealth of repairing damage done to the highways of the Commonwealth by vehicles subject to the fee. The amount of the fee and the method of payment are to be determined by the Board. The fee is to be imposed on a vehicle-by-vehicle basis, and no vehicle upon which a fee is assessed is to be operated on any highway of the Commonwealth if the fee is not paid in full on or before the date on which payment of the fee is due. Patron: Marshall, R.G. Committee on Transportation

HB 186 Driver’s licenses, etc.; DMV to require proof of U.S. citizenship prior to issuance and renewal. Requires presentation to DMV of proof of U.S. citizenship prior to issuance or renewal of any license, permit or special identification card. Patron: Marshall, Committee Referral Pending

HB 187 Public Procurement Act; expands forms of bid, payment, and performance security. Expands the forms of alternate bid, payment, and performance security that may be used to include a bond provided or executed by an individual surety provided that (i) the person acting as the individual surety transacts business only through an insurance agency licensed by the Bureau of Insurance of the State Corporation Commission; (ii) the person acting as the individual surety provides an affidavit of individual surety in a form acceptable to the Department of General Services; and (iii) pledges certain assets in the amount equal to 100 percent of the contract value for the total penal amount of the performance and payment bonds or the penal amount of the bid as required by the bid bond. Patron: Marshall, R.G. Committee on General Laws

HB 227 Contractors, Board for; applications for licensure. Provides that as part of the application for licensure as a contractor, whether the application is for a Class A, B, or C license, each applicant shall submit a statement, on a form provided by the Board, certifying that the applicant (i) will not knowingly employ an undocumented worker or otherwise violate the Federal Immigration and Reform Act or Section 40.1-11.1 of the Code of Virginia and (ii) will continue to verify the lawful employment status of all employees by means of a work-authorization program issued by the U.S. Bureau of Citizenship and Immigration Services or any equivalent federal work authorization program approved or operated by the U.S. Department of Homeland Security. The bill also provides that no application shall be accepted or license issued without the inclusion of this certification with the application form. The bill contains technical amendments. Patron: Cosgrove; Referral Pending

HB 268 High-occupancy vehicle (HOV) lanes; violations in Hampton Roads Planning District. Impose the same penalties for HOV lane violations in the Hampton Roads Planning District as are presently imposed for HOV violations in Northern Virginia. Patron: Miller, P.J.; Committee on Transportation

HB 275 Motor fuel tax; rate increase. Increases the tax on gasoline, diesel fuel, and alternative fuel by $0.10 per gallon; increases the motor carrier road tax by an equivalent of $0.10 per gallon of fuel used in the Commonwealth. All motor fuels taxes will be indexed every two years beginning July 1, 2009, 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. Patron: Watts; Committee on Rules

HB 287 Civil remedial fees; repeals provision for those imposed on certain drivers. Repeals Section 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers. Patron: Kilgore Referral Pending

HB 290 Civil remedial fees; repeals provision for those imposed on certain drivers. Repeals Section 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers. Patron: Englin Referral Pending

HB 348 VDOT; supplying information to and soliciting comments from Reston. Requires that whenever any provision of Title 33.1 requires the Virginia Department of Transportation (VDOT) to supply information to or solicit comments from the governing body of any county, city, or town, VDOT must, under similar circumstances, supply such information to or solicit comments from Reston. Patrons: Plum; Senator: Howell; Committee on Transportation

HB 360 Nonpoint source pollution reduction; Governor & General Assembly to provide funding therefo. Authorizes the Governor and General Assembly to provide additional funding in excess of the amount deposited in the Water Quality Improvement Fund from a budget surplus to fund nonpoint source pollution reduction activities. Patron: Bulova; Committee Referral Pending

HB 389 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 Section 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 Section 33.1-13.02; such provision to be fully implemented by fiscal year 2015. Patrons: Bulova, Marsden, Plum, Rust and Watts; Committee on Transportation

HB 392 Stormwater ordinances; authorizes localities classified as MS4 to enact. Authorizes localities classified as MS4 stormwater localities to enact ordinances to enforce stormwater permits. The bill would give these localities the authority to seek civil charges and injunctive relief, and impose civil penalties. Any person violating the ordinance would be subject to a criminal penalty of a Class 1 misdemeanor. Patron: Bulova; Committee on Agriculture, Chesapeake and Natural Resources

HB 393 Northern Virginia Transportation Authority; changes applicability of certain fund distribution. Changes the applicability of certain existing fund distribution from “the Cities of Falls Church and Alexandria and the County of Arlington” to “any city or county that maintained its own roads as of July 1, 2007.“ Patron: Bulova; Committee Referral Pending

HB 405 Interstate Routes 64 & 664; prohibits imposition & collection of tolls for use of certain portions. 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; Committee Referral Pending

HB 426 Public Procurement Act; expands forms of bid, payment, and performance security. Expands the forms of alternate bid, payment, and performance security that may be used to include a bond provided or executed by an individual surety provided that (i) the person acting as the individual surety transacts business only through an insurance agency licensed by the Bureau of Insurance of the State Corporation Commission; (ii) the person acting as the individual surety provides an affidavit of individual surety in a form acceptable to the Department of General Services; and (iii) pledges certain assets in the amount equal to 100 percent of the contract value for the total penal amount of the performance and payment bonds or the penal amount of the bid as required by the bid bond. Patron: Marshall, R.G.; Committee Referral Pending

HB 448 Civil remedial fees; fees shall be assessed on person who operates motor vehicle on highways. Provides that abusive driver civil remedial fees shall be assessed on any person who operates a motor vehicle on the highways of Virginia, whether licensed to operate a motor vehicle in Virginia or not, whether a resident of Virginia or not, as opposed to the current law, which limits application to Virginia residents. The bill also provides that a civil remedial fee will not be imposed for driving on a suspended license if the suspension or revocation was based solely upon a person’s failure to pay a court fine, court cost, or civil remedial fee. The bill also limits application of the fees upon the commission of unnamed traffic misdemeanors to Class 1 and Class 2 misdemeanors. The bill also provides that no fee is to be imposed for reckless driving when the violation was as a result of traveling (a) less than 80 miles per hour in a 55 mile-per-hour zone or (b) less than 90 miles per hour in a 65 mile-per-hour zone. Patron: Rust Committee Referral Pending

HB 450 Motor vehicle repair services; those embraced by Northern Virginia and Hampton Roads Authorities. Prohibits any entity that is a party to an insurance policy or agreement, an extended service agreement, a vehicle maintenance agreement, or other written indemnification agreement under which it has agreed or agrees to pay for vehicle repair services for a vehicle that is registered in a county or city embraced by the Hampton Roads Transportation Authority or the Northern Virginia Transportation Authority to require or recommend that the vehicle owner utilize a repair facility in a city or county that is not embraced by the Hampton Roads Transportation Authority or the Northern Virginia Transportation Authority, unless it provides the vehicle owner the option of utilizing a repair facility in a city or county that is embraced within the area of the Hampton Roads Transportation Authority or the Northern Virginia Transportation Authority. Patron: Rust; Committee Referral Pending

HB 454 High-occupancy toll (HOT) lanes; revises procedures for enforcing violations. Revises procedures for enforcement of High-Occupancy Toll (HOT) lanes violations. Patron: Rust; Committee Referral Pending

HB 471 Highway construction, primary system; funds allocation. 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, Albo, Amundson, Bulova, Marsden, Plum, Rust, Scott, J.M. and Sickles; Senators: Petersen, Puller and Saslaw; Committee Referral Pending HB 490 Transportation funding; increases motor fuels tax and repeals certain abusive driver fees. Repeals certain abusive driver fees and increases the motor fuels tax rate by $0.015 per gallon from $0.175 to $0.19. The bill further provides for a refund of any abusive driver fees paid, with interest. Patrons: Amundson, Marsden, Sickles and Watts; Senators: Petersen, Saslaw and Whipple; Committee Referral Pending

HB 507 Hampton Roads Transportation Authority; revises number of members needed for quorum at meetings. Revises the number of members needed for a quorum at meetings of the authority and the number of affirmative votes required to impose taxes, fees, or tolls; eliminates references to phase two projects and adds improvements to the Hampton Roads Bridge Tunnel to the list of Authority projects. The bill also eliminates, for Hampton Roads, the 5 percent sales and use tax on vehicle repairs, the initial vehicle registration fee, the congestion relief fee, and the increased commercial real estate tax. Finally, the bill increases, for Hampton Roads, the tax on motor fuels from 2 percent to 5 percent, the car rental fee from 2 percent to 5 percent, and the annual vehicle license fee from $10 to $50. Patron: Hamilton; Committee Referral Pending

HB 568 Tractor-trailer combinations; local ordinances prohibiting use of certain highways. Allows the governing body of any county, city, or town by ordinance to prohibit the use of any highway within its boundaries by tractor-trailer combinations when, in the sole judgment of the local governing body, tractor-trailer combinations are unable safely to negotiate such highway. Patron: Crockett-Stark; Committee Referral Pending

HB 612 Income tax; toll payment tax credit. Provides a tax credit against individual income tax for taxpayers making electronic toll collection payments, such as Smart Tag, in an amount equal to 10% of the total amount paid annually for tolls on Virginia highways, for taxable years beginning on or after January 1, 2008. Patron: Poisson; Committee Referral Pending

HB 627 PPTA. Requires that projects undertaken under the Public-Private Transportation Act of 1995 (PPTA) be part of the Commonwealth Transportation Board’s six-year improvement plan. The bill also requires that the responsible public entity must conduct a traditional public hearing on any proposal prior to granting approval of the development and/or operation of the transportation facility or facilities as a qualifying transportation facility. In addition, the responsible public entity must require the private entity to pay the costs for an independent verification of any traffic and cost estimates associated with the private entity’s proposal and also provide a full accounting of all public costs and potential liabilities to which taxpayers would be exposed, with all such information to be fully disclosed prior to entering into any interim agreement. Finally, the responsible public entity would be required in evaluating the proposal to give priority to projects in which the private entity will invest equity in a toll project or purchase a certain percentage of bonds issued in connection with a toll project. Patron: May; Committee Referral Pending

HB 635 Impact fees; expands existing road impact fee provisions to include school improvements, etc. Expands existing road impact fee provisions to include school improvements and extends the applicability of such provisions from localities that meet certain population and growth criteria to all localities. “Impact fee” is defined as a charge or assessment imposed against new development in order to generate revenue to fund or recover the costs of public facilities necessitated by and attributable to the new development. The value of any dedication, contribution, or construction from the developer for off-site road improvements and school facility improvements within the service area shall be treated as a credit against the impact fee. Patron: May; Committee Referral Pending

HB 649 Collection of annual license and registration fees in certain localities; civil remedial fees. Prohibits licensed motor vehicle dealers from collecting any additional license and registration fees imposed by the Hampton Roads Transportation Authority and/or the Northern Virginia Transportation Authority; and repeals Section 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers. Patron: Hogan; Passed House 95-2; now before Senate Committee on Transportation

HB 826 Hampton Roads Transportation Authority. Includes expansion of the Hampton Roads Bridge-Tunnel in the list of “first tier” projects of the Hampton Roads Transportation Authority. Patrons: Gear and Pogge

HB 828 Hampton Roads Transportation Authority. Removes York County and the Cities of Hampton and Poquoson from the territory embraced by the Authority. Patrons: Gear and Pogge

HB 829 Hampton Roads Transportation Authority; abolishes Authority, taxes, etc., dedicated to operation. Abolishes the Authority and the taxes, fees, and charges dedicated to financing its operation and programs. Patron: Gear

HB 870 Division name change. Changes the name of the Department of Mine, Minerals and Energy’s Division of Mineral Resources to the Division of Geology and Mineral Resources. Patron: Johnson

HB 928 Illegal immigration; adopts several measures aimed at curbing in State, report. Adopts several measures aimed at curbing illegal immigration in the Commonwealth. The bill requires all public bodies and their contractors to register and participate in a federal work authorization program operated by the United States Department of Homeland Security to verify information on all new employees, and requires all agencies providing benefits to verify the recipient’s immigration status. State institutions of higher education would be prohibited from providing in-state tuition to illegal aliens. The bill requires that if an independent contractor fails to provide documentation of the contractor’s employment authorization, the contracting entity must withhold state income tax at the top marginal income tax rate from any compensation paid to the contractor. The bill makes it a Class 6 felony to harbor, transport, or conceal an illegal alien. In addition, the immigration status of any individual arrested on suspicion of a felony or of driving under the influence must be verified. Patrons: Gilbert, Byron and Cline

HB 944 Public Procurement Act; procurement of professional services for certain transportation projects. Increases the monetary limits for architectural and professional engineering contracts associated with transportation projects that any locality and certain authorities and sanitation districts may enter into under the Virginia Public Procurement Act. The bill raises the amount for a single contract from $1 million to $5 million and increases the maximum amount for each task order from $200,000 to $1 million. Patron: Albo HB 957 Northern Virginia Transportation Authority; increases membership. Increases the membership of the Authority to provide for a mayor from a town within a county that is a member of the Authority. Patron: Shannon HB 959 Uniform Statewide Building Code; grading limitations. Provides that the Uniform Statewide Building Code shall not supersede counties%92, municipalities%92 and other political subdivisions%92 grading regulations prescribing maximum slopes in the construction or substantial renovation of single-family detached dwelling units located on lots not exceeding one-half acre. Patron: Shannon HB 961 Highway maintenance; provides for increased payments where traffic volumes exceed statewide average. Provides for increased payments where traffic volumes exceed the statewide average by more than 20 percent. Patron: Shannon HB 977 VDOT statistical information. Requires VDOT to collect and report certain statistical information. Patron: Shannon HB 1033 Urban transportation service districts; grants towns authority to create. Grants towns authority to create such districts. Creation of such districts is also a prerequisite for use of the new impact fee authority granted during the 2007 Session. Patron: Frederick HB 1188 Civil remedial fees; repeals provision for those paid, imposed on certain drivers, refunds of fees. Repeals Section 46.2-206.1 of the Code of Virginia, which provided for imposition of civil remedial fees on certain drivers. The bill further provides for refunds of any fees paid, with interest. Patrons: Moran and Armstrong HB 1231 Civil remedial fees; repeals provision for those imposed certain drivers. Repeals Section 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers. Patron: Vanderhye HB 1243 Civil remedial fees; repeals provision for those imposed certain drivers. Repeals Section 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers. Patron: Hugo HB 1301 Bridge replacement & repair; Transportation Board to award contracts for design-build procurement. Allows the Commonwealth Transportation Board (CTB) to award contracts for the design-build procurement of bridge replacement and bridge repair projects. Patron: Nichols HB 1375 Civil remedial fees; repeals provision for those imposed certain drivers. Repeals Section 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers. Patrons: Morrissey, Barlow, Bouchard, Brink, Ebbin and Mathieson HB 1385 Highway construction funds, primary and secondary; funds allocation. Revises the formulas used to allocate primary and secondary highway construction funds so that such funds are allocated on the basis of population. Patrons: Miller, J.H. and Lingamfelter HB 1406 Rural rustic road program; increases maximum average daily traffic volume for roads. Increases from 1,000 to 3,000 vehicles per day the maximum average daily traffic volume for roads to be eligible to participate in the rural rustic road program. Patron: May; Committee on Transportation HB 1413 Public utilities; required to use competitive bidding in purchasing and construction practices. Requires public utilities that are subject to annual review provisions of Title 56 to use competitive bidding in purchasing and construction practices. Currently, only utilities subject to the biennial review provisions of Title 56 are subject to the competitive bidding requirement. Patron: Plum; Committee on Commerce and Labor HB 1444 Hampton Roads Transportation Authority. Abolishes the Authority and the taxes, fees, and charges dedicated to financing its operation and programs. Patron: Oder; Committee Referral Pending HB 1515 Public-Private Transportation Act; tolls on Interstate 81. Provides that a private entity may not impose tolls under the Public-Private Transportation Act on passenger cars, pickup or panel trucks, and motorcycles if the qualified transportation facility is Interstate Route 81. Patron: Gilbert HB 1516 Public-Private Transportation Act; tolls on Interstate highways. Prohibits a private entity from imposing tolls or user fees under the Public-Private Transportation Act on any existing rural Interstate highway without the prior approval of the General Assembly. Patron: Gilbert HJ 20 Constitutional amendment; restriction on entities that may impose taxes (first reference). Prohibits any entity from imposing taxes other than the Commonwealth, counties, cities, towns, or regional governments. Patron: Marshall, R.G.; Committee on Privileges and Elections HJ 29 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, Priority Transportation Fund, and other funds dedicated to transportation by general law. All revenues dedicated to Transportation Funds on January 1, 2009, 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 or reduction must be repaid with reasonable interest within three years. Patron: Moran; Committee Referral Pending HJ 48 Constitutional amendment; Transportation Funds. Requires the General Assembly to maintain permanent and separate Transportation Funds to include the Commonwealth Transportation Fund, Transportation Trust Fund, and Highway Maintenance and Operating Fund. All revenues dedicated to Transportation Funds on January 1, 2009, 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 or reduction must be repaid with reasonable interest within four years. Patron: Marshall, R.G.; Committee Referral Pending HJ 153 Public-Private Transportation Act of 1995; study competitive bidding on projects thereunder. Establishes a 10-member joint subcommittee to study competitive bidding on projects under the Public-Private Transportation Act of 1995 and similar projects. Patrons: Watts, Albo, Amundson, Bowling, Brink, Bulova, Ebbin, Englin, Marsden, Miller, P.J., Plum, Rust, Scott, J.M., Sickles and Valentine; Senators: Petersen, Puller, Saslaw and Whipple; Committee on Rules HJ 157 State entities; Joint Commission on Transportation Accountability to study functions & authorities. Directs the Joint Commission on Transportation Accountability to study the functions and authorities of state entities with transportation responsibilities. Patron: Bouchard; Committee on Rules HJ 158 Highway Trust Fund, federal; joint subcommittee to study impact on State of decline in funding. Establishes a 10-member joint subcommittee to study the impact on Virginia of a decline in funding from the federal Highway Trust Fund. Patrons: Bouchard and Miller, P.J.; Committee on Rules HJ 159 U.S. Route 460 Communications Committee; extends mandate, report. Extends the mandate of the U.S. Route 460 Communications Committee until commencement of construction of the U.S. Route 460 project as approved by the Commonwealth Transportation Board in November 2005. Patron: Jones, S.C.; Committee on Rules HJ 194 Hampton Roads; joint subcommittee to study transportation network. Establishes a 10-member joint subcommittee to conduct a one-year study of the transportation network of Hampton Roads. Patrons: Jones, S.C. and Oder; Committee on Rules SB 1 Civil remedial fees on certain drivers; repealed. Repeals Section 46.2-206.1 of the Code of Virginia, which provided for imposition of civil remedial fees on certain drivers. The bill further provides for refunds of any fees paid, with interest. Patron: Houck; Substitute passed Senate 39-0 SB 2 Retail Sales and Use Tax; eliminates exemption for certain fuels. Extends the retail sales and use tax to fuels sales. The revenue generated by the four percent state retail sales tax on fuels would be deposited into the Transportation Trust Fund. The revenue generated by the one percent local retail sales tax on fuels would be used by the respective county or city solely for transportation purposes. Patron: Puller; Committee on Finance SB 4 Civil remedial fees on certain drivers; repealed. Incorporated into SB1. SB 6 Civil remedial fees on certain drivers; repealed. Incorporated into SB1. SB 42 Civil remedial fees; repeals provision imposed on certain drivers. Incorporated into SB1. SB 55 Tank wagons; increases total gross weight for overweight permits. Increases total gross weight from 36,000 to 40,000 pounds for overweight permits for tank wagons. Patron: Houck; Passed Senate 39-0, now before House SB 57 Civil remedial fees; repeals provision imposed on certain drivers. Incorporated into SB1. SB 85 Civil remedial fees; repeals provision imposed on certain drivers. Incorporated into SB1. SB 90 Employment; verification of eligibility. Requires employers to participate in an electronic employment verification system or any equivalent federal work authorization program. Patron: Colgan; Committee on Commerce and Labor SB 176 Hampton Roads Transportation Authority; taxes and fees of the Authority. Makes changes to the taxes and fees that may be imposed by the Authority as follows: (i) reduces from $10 to $5 the annual motor vehicle inspection fee; (ii) eliminates the 5% sales tax on labor or services charged in the repair of motor vehicles; (iii) reduces the grantor's fee that may be charged from $0.40 per $100 to $0.20 per $100; (iv) increases from 2% to 5% the retail sales tax on motor fuels sales; and (v) increases from 2% to 5% the fee that may be charged on the gross proceeds from the daily rental of motor vehicles. Patron: Blevins (by request); Committee on Transportation SB 185 Impact fees. Grants general impact fee authority to "high-growth" localities. Any locality that includes within its comprehensive plan a calculation of the capital costs of public facilities necessary to serve residential uses may impose and collect impact fees to cover the costs of issuing permits for residential uses in amounts sufficient to defray all or part of the capital costs of public facilities related to residential development. Impact fees imposed and collected shall only be used for public facilities that are impacted by a particular development project; however, the fees may be used in the general area of the project. Patron: Herring; Committee on Local Government SB 186 VDOT statistical information. Requires VDOT to collect and report certain statistical information. Patron: Herring; Committee on Transportation SB 189 Highway construction by state or local employees. Increases the maximum cost of project that may be undertaken using state or local employees to $1 million. Patrons: Herring, Barker, Cuccinelli, Howell, Petersen and Ticer; Delegates: Bulova, Hull, Marsden, Plum, Scott,J.M. and Watts; Transportation Passed Senate 40-0; now before House SB 233 Statewide Transportation Plan. Requires that the Statewide Transportation Plan include quantifiable measures and achievable goals for greenhouse gas emissions. Patron: Whipple; Transportation Passed Senate 22-18; now before House SB 234 Greenhouse gas emissions; mandatory reporting. Requires that the State Air Pollution Control Board adopt regulations requiring the reporting of greenhouse gas emissions from stationary sources. The regulations would apply only to those sources that emit more than a de minimis amount of greenhouse gas and that are already required to report emissions of other air pollutants. The Board is also authorized to adopt regulations that require those same parties to report greenhouse gas emissions from fleets of motor vehicles. Beginning in 2008, the Virginia Department of Transportation is required to provide the Department of Environmental Quality with data necessary to maintain a greenhouse gas emissions inventory for individual road segments throughout the Commonwealth. Patron: Whipple; Committee on Agriculture, Conservation and Natural Resources SB 287 Civil remedial fees on certain drivers. Incorporated into SB1. SB 411 Motor fuels tax; funding for transportation related alternatives. Repeals certain abusive driver fees and increases the motor fuels tax rate by $0.025 per gallon from $0.175 to $0.20. The bill further provides for a refund of any abusive driver fees paid, with interest. Incorporated into SB1. SB 413 Mining operations; permit fees to be submitted from applicants that discharge waters. Referred to Committee on Agriculture, Conservation and Natural Resources SB 423 DEQ; authority to issue and enforce permits, etc. related to air and water pollution. Referred to Committee on Agriculture, Conservation and Natural Resources SB 426 Public Procurement Act; verification of legal presence for eligibility of employment. Rereferred from General Laws and Technology (15-Y 0-N) Rereferred to Courts of Justice SB 430 Civil remedial fees on certain drivers. Incorporated into SB1. SB 287 Civil remedial fees on certain drivers. Incorporated into SB1. SB 444 Funding for transportation and transportation-related alternatives. Repeals certain abusive driver fees and increases the state motor fuels tax rate by $0.02 per gallon with (i) one-half of the revenues deposited into the Biofuels Production Fund to fund grants for biofuels production and (ii) one-half of the revenues deposited into the Highway Maintenance and Operating Fund. Patrons: Petersen; Delegates: Scott, J.M., Sickles and Watts. Incorporated into SB1. SB 445 Funding for transportation and transportation-related alternatives. Increases the state motor fuels tax rate by $0.01 per gallon with the revenues deposited into the Biofuels Production Fund to fund grants for biofuels production. Patron: Petersen SB 469 Transportation funding. Incorporated into SB1. SB 512 DMV fees. Increases the surcharge of issuance of any driver's license other than a commercial driver's license from $1.60 per year to $3.60 per year of validity of the license and increases the fee for the reissuance or replacement of a driver's license from $5 to $10. The bill also increases the fee for issuance of a duplicate driver's license from $5 to $10. Patron: Miller, Y.B.; Committee on Transportation SB 517 Virginia Public Procurement Act; Requires contractors to certify that they have undertaken immigration status verification on all of their employees, and that all employees are legally authorized to work in the United States. Patrons: Cuccinelli, Newman and Obenshain; Committee for Courts of Justice SB 570 HOT Lanes. Revises procedures for enforcement of High-Occupancy Toll (HOT) lanes violations. Patron: Saslaw; Passed Senate 40-0; now before House SB 597 Virginia Racing Commission; simulcast horse racing; allocations. Authorizes wagering on historical horse racing and allocates the proceeds. Patron: Norment; Committee on General Laws and Technology SB 664 Civil remedial fees on certain drivers. Incorporated into SB1. SB 676 Hampton Roads Transportation Authority. Abolishes the Authority and the taxes, fees, and charges dedicated to financing its operation and programs. Patron: Miller, J.C.; Committee on Transportation SB 713 Motor fuels taxes. Increases the state motor fuels tax rate by $0.05 per gallon in increments of $0.01 per gallon in each of the next five fiscal years with the revenues deposited to the Highway Maintenance and Operating Fund. Patron: Saslaw; Committee on Finance SB 720 HOT lane construction contracts. Requires that any contract for the construction of any additional lanes on Interstate Route 95 or Interstate Route 395 in or between Arlington County and Spotsylvania County must specify that average vehicle speeds of at least 45 miles per hour must be maintained along Interstate Route 95 or Interstate Route 395 between the Capital Beltway and the southern terminus of the HOT lanes on Interstate Route 95. The contract must also specify monetary penalties to be paid by the contractor or operator of the HOT lanes if and when these average vehicle speeds are not met. The bill also corrects a technical error. Patron: Barker; Committee on Transportation SB 724 Hampton Roads and Northern Virginia Transportation Authorities. Repeals the authority of the Hampton Roads and Northern Virginia Transportation Authorities to impose fees or taxes, and provides that each local governing body embraced by the Hampton Roads or the Northern Virginia Transportation Authority may impose the taxes and fees that were previously authorized for imposition by the respective Authorities. Patron: Cuccinelli; Committee on Finance SB 729 Northern Virginia Transportation Authority; revenues of the Authority. Authorizes the Authority to impose a 0.50 percent retail sales and use tax in the counties and cities embraced by the Authority with the revenues therefrom dedicated to the Authority. The bill provides that if the Authority imposes the retail sales and use tax, then, beginning at such time that the tax is first imposed, the Authority shall no longer be authorized to impose the (i) additional, one-time vehicle registration fee of one percent of the value of the vehicle for vehicles registered in a county or city embraced by the Authority; (ii) five percent sales tax on labor or services charged in the repair of motor vehicles occurring within a county or city embraced by the Authority; or (iii) additional annual $10 vehicle inspection fee for vehicles inspected in a county or city embraced by the Authority. Patron: Saslaw; Committee on Finance SB 741 Public Procurement Act; exemption for certain transactions. Committee on General Laws and Technology SB 752 Brownfields; public notice of voluntary remediation plans. Committee on Agriculture, Conservation and Natural Resources SB 767 Richmond Metropolitan Authority; revises composition of Board of Directors. Committee on Local Government SB 778 Highway Corporation Act of 1988; SCC exclude from accounts of operator payments for services. Committee on Commerce and Labor SB 782 Illegal aliens; disciplinary action for employing. Committee for Courts of Justice SJ 92 Transportation entities; joint subcommittee to study relationship, duties, etc. in Hampton Roads. Committee on Rules SJ 122 Rapid transit service; joint subcommittee to study enhancing thereof in Northern Virginia. Committee on Rules SB 754 Public-Private Transportation Act; tolls on Interstate highways. Prohibits a private entity from imposing tolls or user fees under the Public-Private Transportation Act on any existing rural Interstate highway without the prior approval of the General Assembly. Patrons: Obenshain and Edwards; Committee on Transportation Failed Legislation HB 39 Wireless telecommunications device; prohibits use of text messaging while driving certain vehicles. HB 73 Transportation Board; naming of highways, etc., and cost of construction. HB 110 Trucks; maximum allowable weights of vehicle combinations. HB 293 Vehicle weight limit enforcement; county enforcement on highways within its boundaries. SB 11 Rail Enhancement Fund; allows Director to waive certain requirements regarding project funding. SB 71 Transportation Commissioner; contracts for grounds keeping, mowing, etc. on highways in Reston. SB 558 Vehicle weight limit statutes; enforcement by local law-enforcement agencies. SB 660 Gives the Hampton Roads Transportation Authority the power to enter into design-build contracts. SB 753 Public-Private Transportation Act; tolls on Interstate 81. SJ 91 Constitutional amendment; Transportation Funds (first reference).