HB 2313 Revenues and appropriations of State; changes to revenues collected and distribution, report.
William J. Howell | all patrons    ...    notes
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Summary as enacted with Governor's Recommendation: (all summaries)

Revenues and appropriations primarily for transportation. Makes several changes to the revenues collected by the Commonwealth, and the distribution of such revenues, primarily for the benefit of transportation. The changes are as follows:

The bill eliminates the $0.175 per gallon tax on motor fuels, and replaces it with a percentage-based tax of 3.5% for gasoline and 6% for diesel fuel. The bill provides for a refund of an amount equal to a 2.5% tax paid on diesel fuel for passenger cars, pickup or panel trucks, and trucks having a gross vehicle weight rating of 10,000 pounds or less.

The bill imposes a $64 annual registration fee on hybrid electric motor vehicles, alternative fuel vehicles, and electric motor vehicles. Current law imposes a $50 fee on electric motor vehicles only. The revenues are designated for the Highway Maintenance and Operating Fund.

The bill raises the state sales and use tax across the Commonwealth from 4% to 4.3% and designates the increased revenues for the Highway Maintenance and Operating Fund, the Intercity Passenger Rail Operating and Capital Fund, and the Commonwealth Mass Transit Fund.

The bill establishes procedures for the collection of the state sales and use tax from retail dealers located outside Virginia for sales made into the Commonwealth, contingent upon the federal government passing legislation authorizing such collection. In the event that such revenues are collected, a portion of the revenues will be allocated to localities for education, a portion will be allocated to localities with a stipulation that some of the funds be used by the locality for transportation needs, and a portion of the revenues will be deposited in the Transportation Trust Fund. A portion will also be used to reimburse localities that currently impose a retail sales tax on the sale of certain fuels used for domestic consumption, as the bill also repeals the authority to impose such tax. If the federal government does not pass legislation authorizing the Commonwealth and other states to collect sales taxes from retail dealers located outside the respective state by January 1, 2015, then the motor fuels tax imposed on gasoline will be raised from 3.5% to 5.1% (the motor fuels tax on diesel fuel will remain at 6%, but the diesel fuel refund for passenger cars, pickup or panel trucks, and trucks weighing less than 10,000 pounds will be in an amount equal to a 0.9% tax paid). If the federal government passes such legislation after January 1, 2015, the rate of tax on gasoline will revert to 3.5%.

The bill amends the tax on the sale of motor vehicles (the "titling tax"). Currently, the titling tax is 3%. A new rate of 4.15% will be phased in over four years.

The bill increases the share of existing general sales and use tax revenues used for transportation from a 0.50% sales and use tax to a 0.675% sales and use tax, phased in over four years. The additional allocation will be deposited into the Highway Maintenance and Operating Fund. The bill also allocates the revenues from an existing 0.125% sales and use tax to public education.

The bill imposes additional state taxes and a fee in Planning Districts meeting certain population, motor vehicle registration, and transit ridership criteria. The additional taxes and fee are a retail sales tax of 0.70%, a 2.1% tax on wholesale distributors of motor fuels, a 2.0% transient occupancy tax, and a fee on grantors of real property equal to $0.15 per $100 of the value of the real property sold by such persons. The transient occupancy tax and grantor's fee currently would apply only in the Northern Virginia Planning District, and the tax on wholesale distributors of motor fuels currently would apply only in the Hampton Roads Planning District (under current law, the same tax on wholesale distributors is imposed in the Northern Virginia Plannning District). The retail sales tax currenty would apply in both the Northern Virginia and Hampton Roads Planning Districts. The additional revenues generated in the Northern Virginia Planning District are deposited into a Northern Virginia Transportation Authority Fund, with 30% of the funds being distributed to the member localities for use on transportation projects, and the remainder to be used for regional transportation projects. The additional revenues generated in the Hampton Roads Planning District are deposited into a Hampton Roads Construction Fund to be used soley for new construction projects on new or existing roads, bridges, and tunnels, as approved by the Hampton Roads Transportation Planning Organization.

The 0.70% state sales and use taxes in Planning Districts are in addition to the 0.3% state sales and use tax increase that applies throughout the Commonwealth.

Of the increased revenues in the Highway Maintenance and Operating Fund, $100 million in fiscal years 2014, 2015, and 2016 will be dedicated to Phase II of the Dulles Metrorail Extension Project, subject to certain conditions. Beginning in fiscal year 2020, $20 million dollars from the Highway Maintenance and Operating Fund will be deposited into the Route 58 Corridor Development Fund.

The bill prohibits tolling on Interstate 95 south of Fredericksburg without prior approval of the General Assembly.

The bill also makes several technical changes related to the administration of these various provisions. 

Full text:
01/18/13  House: Presented and ordered printed 13103786D  pdf | impact statement
01/30/13  House: Committee substitute printed 13104761D-H1  pdf
02/04/13  House: Floor substitute printed 13104900D-H2 (Albo)  pdf
02/04/13  House: Floor substitute printed 13104919D-H3 (Jones)  pdf
02/04/13  House: Printed as engrossed 13104919D-EH3  pdf | impact statement
02/12/13  Senate: Committee substitute printed 13105134D-S1  pdf
02/22/13  House: Conference substitute printed 13105343D-H4  pdf
03/04/13  House: Bill text as passed House and Senate (HB2313ER)  pdf
03/25/13  House: Governor's substitute printed 13105691D-H5  pdf
04/03/13  House: Reenrolled bill text (HB2313ER2)  pdf
04/03/13  Governor: Acts of Assembly Chapter text (CHAP0766)  pdf | impact statement

Amendments:
House amendments
House amendments rejected
Senate amendments
Senate amendments engrossed
Conference amendments
Governor's recommendation

Status:
01/18/13  House: Presented and ordered printed 13103786D
01/18/13  House: Referred to Committee on Finance
01/30/13  House: Reported from Finance with substitute (14-Y 8-N)
01/30/13  House: Committee substitute printed 13104761D-H1
01/31/13  House: Incorporates HB2253
01/31/13  House: Incorporates HB1403
01/31/13  House: Incorporates HB1677
01/31/13  House: Incorporates HB1888
01/31/13  House: Incorporates HB1663
01/31/13  House: Incorporates HB1438
02/01/13  House: Read first time
02/04/13  House: Floor substitute printed 13104900D-H2 (Albo)
02/04/13  House: Passed by temporarily
02/04/13  House: Read second time
02/04/13  House: Committee substitute offered, no action taken 13104761D-H1
02/04/13  House: Substitute by Delegate Albo offered 13104900D-H2
02/04/13  House: Floor substitute printed 13104919D-H3 (Jones)
02/04/13  House: Substitute by Delegate Jones agreed to (60-Y 39-N) 13104919D-H3
02/04/13  House: VOTE: ADOPTION (60-Y 39-N)
02/04/13  House: Amendment by Delegate Dance and Delegate Peace agreed to
02/04/13  House: Amendments by Delegate Watts withdrawn
02/04/13  House: Amendment by Delegate Toscano rejected (33-Y 66-N)
02/04/13  House: VOTE: REJECTED (33-Y 66-N)
02/04/13  House: Amendment by Delegate Jones agreed to
02/04/13  House: Amendment by Delegate Marshall, R.G. rejected
02/04/13  House: Pending question ordered
02/04/13  House: Engrossed by House - floor substitute with amendments HB2313H3
02/04/13  House: Printed as engrossed 13104919D-EH3
02/05/13  House: Read third time and passed House (53-Y 46-N)
02/05/13  House: VOTE: PASSAGE (53-Y 46-N)
02/05/13  Senate: Constitutional reading dispensed
02/05/13  Senate: Referred to Committee on Finance
02/12/13  Senate: Reported from Finance with substitute (9-Y 6-N)
02/12/13  Senate: Committee substitute printed 13105134D-S1
02/13/13  Senate: Constitutional reading dispensed (40-Y 0-N)
02/13/13  Senate: Read third time
02/13/13  Senate: Reading of substitute waived
02/13/13  Senate: Committee substitute agreed to 13105134D-S1
02/13/13  Senate: Reading of amendment waived
02/13/13  Senate: Amendment by Senator Wagner agreed to
02/13/13  Senate: Engrossed by Senate - committee substitute with amendment HB2313S1
02/13/13  Senate: Passed Senate with substitute with amendment (25-Y 15-N)
02/13/13  Senate: Reconsideration of Senate passage agreed to by Senate (39-Y 1-N)
02/13/13  Senate: Passed Senate with substitute with amendment (26-Y 14-N)
02/13/13  House: Placed on Calendar
02/13/13  House: Senate substitute with amendment rejected by House 13105134D-S1 (19-Y 78-N)
02/13/13  House: VOTE: REJECTED (19-Y 78-N)
02/13/13  House: Reconsideration of Senate substitute with amendment rejected by House
02/13/13  Senate: Senate insisted on substitute with amendment (40-Y 0-N)
02/13/13  Senate: Senate requested conference committee
02/13/13  House: House acceded to request
02/13/13  House: Conferees appointed by House
02/13/13  House: Delegates: Jones, Albo, Sherwood, O'Bannon, Ware, O.
02/13/13  Senate: Conferees appointed by Senate
02/13/13  Senate: Senators: Wagner, Norment, Watkins, Howell, Stosch
02/22/13  House: Passed by temporarily
02/22/13  House: Conference substitute printed 13105343D-H4
02/22/13  House: Pending question ordered
02/22/13  House: Conference report agreed to by House (60-Y 40-N)
02/22/13  House: VOTE: ADOPTION (60-Y 40-N)
02/23/13  Senate: Passed by temporarily
02/23/13  Senate: Conference report agreed to by Senate (25-Y 15-N)
03/04/13  House: Enrolled
03/04/13  House: Bill text as passed House and Senate (HB2313ER)
03/04/13  Senate: Signed by President
03/05/13  House: Signed by Speaker
03/25/13  House: Governor's recommendation received by House
03/25/13  House: Governor's substitute printed 13105691D-H5
04/02/13  House: Placed on Calendar
04/03/13  House: House concurred in Governor's recommendation (62-Y 36-N)
04/03/13  House: VOTE: ADOPTION (62-Y 36-N)
04/03/13  House: Reconsideration of Governor's recommendation agreed to
04/03/13  House: House concurred in Governor's recommendation (64-Y 35-N)
04/03/13  House: VOTE: ADOPTION #2 (64-Y 35-N)
04/03/13  Senate: Senate concurred in Governor's recommendation (26-Y 12-N)
04/03/13  Governor: Governor's recommendation adopted
04/03/13  House: Reenrolled
04/03/13  House: Reenrolled bill text (HB2313ER2)
04/03/13  House: Signed by Speaker as reenrolled
04/03/13  Senate: Signed by President as reenrolled
04/03/13  House: Enacted, Chapter 766 (effective 7/1/13)
04/03/13  Governor: Acts of Assembly Chapter text (CHAP0766)