Pending Legislation Chart - Virginia Senate 2003

Bill Number	Patron	Description	Status	Position
SB 704	Miller, K	Sales tax on motor fuels. Provides for a statewide sales tax beginning July 1, 2004, on the sale of motor fuels in the Commonwealth. The tax would be imposed at the rate of 4.5% of the retail price of motor fuels sold in the Commonwealth and would be added to the per gallon or per unit price of motor fuel. All revenues generated and collected from the tax would be deposited into the Transportation Trust Fund of the state treasury and distributed in the manner currently provided for the 0.5% sales and use tax enacted by the 1986 Special Session of the General Assembly.	Senate Finance Committee Failed in committee (12-2)	C
SB 730	Reynolds	Fund to expedite construction of I-73 in Henry County. Establishes a special fund to expedite construction of I-73 in Henry County. The Fund consists of the first $3 million of annual collections of state taxes on motor fuels, fees and charges on motor vehicle registrations, road taxes or any other state revenue allocated for highway purposes.	Senate Transportation Tabled in Committee (9-4)	D
SB 852	Miller, Y.	Urban highway system. Allows the governing body of any city or town to expend urban system construction funds for the design, land acquisition, and construction of transportation projects that have been included in the Commonwealth Transportation Board's Six-Year Improvement Program.	Senate Transportation Committee Reported from committee (14-0) Passed by full Senate (40-0) House Transportation Committee Reported from committee (21-0) Passed the House (99-0)	NP
SB 869	Williams	Commonwealth Transportation Board (CTB). Imposes a statutory requirement (i) for a financial plan with minimum specified content for projects valued at more than $100 million; (ii) for a periodic report with specific information for every project in the Six-Year Improvement Plan; (iii) for the CTB to offer technical assistance and coordination work with local governments in developing sound transportation planning components to their local comprehensive plans; and (iv) that the CTB adopt the Six-Year Improvement Plan by July 1 of each year. The bill also specifies the parameters and criteria that must be used to adopt a new Six-Year Improvement Plan. Administration Legislation.	Senate Transportation Committee Amended in committee Reported from committee (15-0) Passed the Senate (40-0) House Transportation Committee Conformed to HB 2259 (Rollison) Reported from committee (22-0) with amendments Passed the House (99-0) House amendments agreed to by the Senate	C
SB 879	Wampler	Professional corporations; professional limited liability companies. Prohibits a corporation engaged in the practice of a professional service from organizing as a general business corporation. A parallel change provides that the only limited liability companies that can provide professional services are those organized as professional limited liability companies. A provision corrects existing language that states that all shareholders of a foreign professional stock corporation be licensed to render the professional service in Virginia, because currently accounting, architecture, professional engineering, and land surveying can be rendered by domestic professional corporations with unlicensed shareholders. Other changes clarify that nurse practitioners may organize to the same extent as other professionals, by inserting language omitted from the 1999 legislation that authorized them to so organize.	Senate Commerce & Labor Committee Amended to satisfy industry Reported from committee (13-0) Passed the Senate (40-0) House Commerce and Labor Committee Reported from committee (21-0) Passed the House (99-0)	NP
SB 913	Deeds	Erosion and sediment control law; certificate of competence. Grants plan-approving authorities the option to waive the certificate of competence requirement for land-disturbing activity for agreements in lieu of a plan. Currently, all plan-approving authorities must require that the name of an individual, who holds a certificate of competence and who will be in charge of and responsible for carrying out the land-disturbing activity, be provided for both erosion and sediment control plans and agreements in lieu of a plan. An agreement in lieu of a plan is a contract between the plan-approving authority and the landowner used for ensuring proper implementation of conservation measures during construction of a single-family residence.	Senate Agriculture, Conservation & Natural Resources Committee Reported from committee (11-3) Passed full Senate (33-7) House Agriculture Committee Reported from committee with amendments (22-0) Passed the House (99-0)	C
SB 968	Houck	Adequate public facilities related to water supply. Provides that a subdivision ordinance may include reasonable provisions allowing the locality to determine whether public facilities related to water supply are adequate to support the services that will be required by a proposed subdivision. Prior to adopting such provisions, a locality shall clearly identify in its comprehensive plan the (i) public facilities related to water supply whose adequacy will be used in making such determination; (ii) areas of potential growth where such provisions are applicable; and (iii) existing public facilities related to water supply and public facility needs in those potential growth areas.	Senate Local Governments Committee Passed by in committee (15-0)	D
SB 977	Trumbo	Commonwealth Transportation Board (CTB), etc. Allows the CTB to let all contracts for the construction, maintenance, and improvement of the roads comprising systems of state highways and for all activities related to passenger and freight rail and public transportation improvements in excess of $2 million. The bill also allows the Commonwealth Transportation Commissioner to let contracts for construction, maintenance, and improvements up to $2 million and allows the Director of the Department of Rail and Public Transportation to let contracts for passenger and freight rail and public transportation improvements up to $2 million. Similarly, it allows the Commonwealth Transportation Commissioner to enter into agreements with localities, authorities, and transportation districts to let contracts up to $2 million for highway construction, maintenance, and improvements within their jurisdictions and allows the Director of the Department of Rail and Public Transportation to enter into agreements with localities, authorities, and transportation districts to let contracts up to $2 million for passenger and freight rail and public transportation improvements within their jurisdictions. The Commonwealth Transportation Commissioner and the Director of the Department of Rail and Public Transportation are required to report on their respective transportation contracting activities at least quarterly to the Board. Administration Legislation.	Senate Transportation Committee Amended in committee Reported from committee (15-0) Passed the Senate (40-0) House Transportation Committee Reported from committee (21-1)	C
SB 1029	Chichester	Adequate public facilities. Provides that in any high-growth locality, a subdivision ordinance may include reasonable provisions allowing the locality to determine whether public facilities are adequate to support the services that will be required by a proposed development. Approval of a site plan or preliminary subdivision plat may be made contingent upon a finding by a governing body of adequate public facilities. For purposes of this bill, high-growth locality means a locality that has had an annual growth rate in excess of 1 percent for at least 3 of the previous 4 years and is located in the Rappahannock-Rapidan Planning District No. 9 or RADCO Planning District No. 16.	Senate Local Government Committee Passed by in committee (13-2)	D
SB 1044	Ruff	Department of General Services, Division of Purchases and Supply; direct purchases. Allows organizations providing transportation services in the Commonwealth and receiving funding from the Federal Transit Administration or the Commonwealth Transportation Board to purchase directly from state contracts established by the Division of Purchases and Supply. The bill also provides for the Department of Rail and Public Transportation to assist the Division in maintaining a list of organizations that would be authorized to make such purchases.	Senate General Laws Committee Reported from committee (15-0) Passed the Senate (39-0) House General Laws Committee Reported from committee with amendments (22-0) Passed the House (99-0)	C
SB 1093	Edwards	Highway safety corridors. Provides for the designation of primary and interstate highways as highway safety corridors. The minimum penalty for motor vehicle offenses committed in these corridors would be double the maximum fine established for the offense, but in no event less than $250. Administration Legislation.	Senate Transportation Committee Amendments adopted Reported from committee (8-2-4) Passed the Senate (24-16) House Transportation Committee Reported from committee with amendments (16-6)	NP
SB 1108	Whipple	Allocation of federal highway safety funds. Requires that prior to being allocated for any other purpose, 10 percent of all federal surface transportation program safety funds must be allocated statewide to fund bicycle and pedestrian safety improvements, including but not limited to the Safe Routes to School Program.	Senate Transportation Committee Referred to HJR 211 study from 2002 Passed by in committee with letter (15-0)	D
SB 1115	Whipple	Commonwealth Mass Transit Fund. Increases the percentage share of monies deposited into the Commonwealth Mass Transit Fund from 14.7 percent to 19 percent.	Senate Transportation Committee Referred to HJR 211 Study from 2002	D
SB 1123	Norment	Estate tax. Conforms the amount of Virginia estate tax due from an estate to the maximum amount of the federal estate tax credit for state estate taxes, as permitted under federal estate tax law, as such law shall be amended from time to time. Under current law the amount of Virginia estate tax cannot be less than the federal credit under federal law as such law existed on January 1, 1978.	Senate Finance Committee Reported from committee (13-2) Passed the Senate (33-7) House Finance Committee Reported from committee (15-7) Reported from committee (15-7) Passed the House (69-30)	C
SB 1126	Norment	Adequate public facilities. Provides that in any high-growth locality, a subdivision ordinance may include reasonable provisions allowing the locality to determine whether public facilities are adequate to support the services that will be required by a proposed subdivision. Prior to adopting such provisions, a locality shall clearly identify in its comprehensive plan the (i) public facilities whose adequacy will be used in making such determination; (ii) areas of potential growth where such provisions are applicable; and (iii) existing public facilities and public facility needs in those potential growth areas. Approval of a proposed subdivision may be made contingent upon a finding by a governing body of adequate public facilities. However, such locality's current comprehensive plan shall clearly identify public facility needs in a given area prior to disapproval of any subdivision request based upon the provisions of this subdivision. If a governing body finds that public facilities are inadequate to support the services that will be required by a proposed subdivision, and delays the proposed subdivision solely for that reason, the proposed subdivision shall be delayed only until such time as the governing body determines that public facilities are adequate. For purposes of this bill, high-growth locality means a locality that has had an annual growth rate in excess of 1 percent for at least 3 of the previous 4 years and has a population of at least 48,000.	Senate Local Government Committee Passed by in committee (13-2)	D
SB 1167	Puckett	Vehicular warning lights. Authorizes vehicles used in constructing, maintaining, and repairing highways or utilities on or along public highways to be equipped with amber warning lights and/or high-intensity flashing, blinking, or alternating amber or clear strobe warning lights.	Senate Transportation Committee Stricken at the request of the patron
SB 1222	Williams	Urban highway system construction funds. Provides that payment of urban highway system construction funds may be made in equal amounts, at the discretion of the city or town receiving them, 1 in each quarter of the fiscal year, and shall be reduced, in the case of each city and town, by the amount of federal-aid construction funds credited to each city or town.	Senate Transportation Committee Reported from committee (15-0) Passed the Senate (40-0) House Transportation Committee Reported from committee (22-0) Passed the House (99-0)	NP
SB 1229	Williams	Public-Private Transportation Act of 1995 (PPTA). Provides that, when a responsible public entity solicits proposals for the construction of a transportation facility under PPTA, the responsible public entity will select the most promising 30 percent (or most promising 3 proposals, whichever is fewer) and choose from among this "short list" the proposal upon the basis of which to enter into a comprehensive agreement for the construction of the transportation facility. Private entities whose proposals are selected for this "short list" but are not the proposal selected as the basis for the comprehensive agreement will be reimbursed their actual costs incurred in preparing and submitting their proposals. These reimbursements will be subject to audit by the Auditor of Public Accounts.	Senate Transportation Committee Substitute adopted Reported from committee (14-0-1) Passed the Senate (40-0) House Transportation Committee Substitute adopted Reported from committee with substitute (22-0)	C
SB 1257	Miller, K.	Fuels taxes; indexed to the rate of inflation. Increases the tax imposed on fuels every July 1, beginning in 2004, by the percentage increase in the Consumer Price Index for all items, all urban consumers (CPI-U).	Senate Finance Committee No action taken in committee	C
SB 1270	O'Brien	Allocation of proceeds of Transportation Trust Fund. Provides that, except as otherwise provided in the Virginia Constitution or federal law, after allocations to the Commonwealth Port Fund, Commonwealth Airport Fund and Commonwealth Mass Transit Fund, all remaining proceeds of the Transportation Trust Fund be distributed for highway construction. The Toll Facilities Revolving Account, the Unpaved Secondary Road Fund, the Industrial and Airport Access fund, the Industrial Rail Access Fund, the Recreational Access Roads and Bikeways Fund, the Northern Virginia Transportation District Program and the Interstate Route 66 Economic Development Program Fund are repealed.	Senate Transportation Committee Passed by in committee with letter (14-1)	C
SB 1271	O'Brien	Secondary highway system construction funds. Allocates secondary highway system construction funds among counties on the basis of the number of vehicles registered in each county.	Senate Transportation Committee Referred to HJR 211 study Passed by in committee with letter (13-2)
SB 1279	Edwards	Rail Transportation Development Authority. Establishes a 5-member rail transportation authority to finance or assist in the financing of capital improvements to rail lines and associated facilities.	Senate Transportation Committee Substitute adopted Reported from committee (13-1) Floor substitute Passed the Senate (40-0) House Transportation Committee Reported from Committee with amendments (21-1)	NP
SB 1292	Byrne	Adequate public facilities. Allows any locality to adopt provisions in its subdivision ordinance for deferring the approval of subdivision plats or site plans when it determines that existing schools, roads, public safety, sewer or water facilities are inadequate to support the proposed development. Such deferrals cannot extend beyond 12 years, and applicants are entitled to approval of subdivision plats during the deferral period at the lowest density permitted in the locality for any zoning district. The bill specifies that any appraisal of property subject to a deferral under the bill shall reflect the effect of such deferral on the fair market value of the property. A locality may also consider the adequacy of public facilities in the preparation of its zoning ordinance. Also, the purposes of zoning ordinances are amended to include protection against undue rate of development in relation to existing or available public facilities.	Senate Local Government Committee Passed by in committee (13-2)	D
SB 1297	Colgan	Northern Virginia Transportation Program Bond Act of 2003. Authorizes the Northern Virginia Transportation Authority to issue bonds in an aggregate principal amount not to exceed $1 billion to complete and implement certain transportation projects included in the Northern Virginia Transportation Program Bond Act of 2003.	Senate Finance Committee Passed by indefinitely (15-0)	NP
SB 1322	Williams	Virginia Public Procurement Act; preference for Virginia products and firms. Provides that in awarding contracts for the procurement of goods or services, state public bodies shall give consideration to the beneficial effect of the award on Virginia's economy. If stated in the terms and conditions of the solicitation, state public bodies shall award evaluation points, not to exceed the points awarded for the price of such goods or services, to any person with facilities located in Virginia that manufacture, develop, produce, grow, mine, or make such goods or services. The bill also contains technical amendments.	Senate Generals Laws Committee Amended to remove construction Reported from committee with amendments (13-2) Passed the Senate (34-6) House General Laws Committee Passed by indefinitely in committee (17-5)	NP
SB 1330	Stosch	Public-Private Education Facilities and Infrastructure Act of 2002; definitions; unsolicited proposals. Clarifies that a responsible public entity may reject any unsolicited proposal and that, if a proposal is rejected, any fees related to the proposal must be returned to the private entity. In addition, the bill requires a responsible public entity to advertise a private entity's request for approval of a qualifying project in the Virginia Business Opportunities publication and, in the case of a state agency, to also post a notice on the Commonwealth's electronic procurement website. The bill also (i) provides for a responsible public entity to post and publish a private entity's request for approval of a qualifying project for an period of time appropriate to encourage competition, and (ii) clarifies that a qualifying project must consist of a specific project and may not include multi-year arrangements related to unspecified projects	Senate Commerce and Labor Committee Industry adjustments to enhance fairness Rereferred to General Laws Reported from committee (15-0) Passed the Senate (40-0) House Commerce and Labor Committee Re-referred to General Laws Reported from committee (22-0)
SB 1342	Williams	Commonwealth Private Investment Inducement Act of 2003. Dedicates the insurance license tax fee to transportation projects in all localities according to the percentage of such revenues attributable to subscribers who reside in each locality. A portion of these proceeds will finance the issuance of bonds that the bill authorizes for transportation projects in 3 regions of the Commonwealth.	Senate Transportation Committee Left in committee without action	C
SJ 301	O'Brien	Constitutional amendment (first resolution); Transportation Trust Fund. Provides that the Transportation Trust Fund established in 1986 will be a permanent fund and be funded annually by the General Assembly by appropriations equivalent to the revenues generated by the 1986 package of tax and fee increases or the appropriation for the fiscal year ending June 30, 2002, whichever is greater. The amendment limits the use of Trust Fund moneys to highway construction, reconstruction, maintenance, and improvements, public transportation, railways, seaports, and airports. The General Assembly may borrow from the Fund for other purposes or reduce the level of required appropriations to the Fund only by a two-thirds-plus-one vote of members in each house and the loan or reduction must be repaid within 4 years.	Senate Privileges & Elections Amended in committee to include maintenance funds Reported from committee (15-0) Referred to Senate Finance Committee No action taken in committee	C
SJ 354	Edwards	Study; Virginia Freight Rail Authority. Requests the Virginia Department of Rail and Public Transportation to study the desirability and feasibility of creating a Virginia Freight Rail Authority to finance improvements to railroads parallel to Interstate Route 81 so that shipments now moving along I-81 can be shifted to those railroads.	Senate Rules Committee Reported from committee Agreed to by the Senate (39-0) House Rules Committee	NP
SJ 359	Stolle	Study; Department of Minority Business Enterprise. Requests the Department of Minority Business Enterprise, in conjunction with the Department of General Services, the Virginia Employment Commission and the Department of Transportation, to direct the development of a disparity assessment to determine the status of minority-owned business participation in the State's procurement transactions.	Senate Rules Committee Substitute adopted reported from committee Agreed to by the Senate (39-0) House Rules Committee	D
SJ 394	Hawkins	Charlottesville bypass. Requests the Department of Transportation to facilitate the completion of the U.S. Route 29 bypass around the City of Charlottesville	Senate Rules Committee Substitute adopted Reported from committee Agreed to by the Senate (39-0) House Rules Committee Reported from committee (16-0) Agreed to by the House (79-15)	C

SENATE