Virginia Bills

Lengthens from 10 years to 15 years the maximum term of a ground water withdrawal permit issued by the State Water Control Board. The bill also lengthens from 10 years to 15 years the maximum term of a ground water withdrawal special exception and directs the Board to raise the applicable permit fee from $6,000 to $9,000. The bill contains technical amendments.

Reduces the minimum motor vehicle sales and use tax on semitrailers from $75 to $35.

Clarifies that the annual report made by the Department of Elections on its activities undertaken to maintain the Virginia voter registration system is due by October 1. The report is required to contain the methodology used in gathering and analyzing the report's data. The bill requires the Commissioner of Elections to certify that such data is accurate and reliable. The bill further clarifies that information regarding the Department's list maintenance activities arising out of list comparisons with other states is to be included in this annual report.

Establishes an individual and corporate income tax subtraction for income attributable to an investment in a Virginia real estate investment trust, defined in the bill as an investment fund that is certified by the Department of Taxation as investing at least 90 percent of trust funds in Virginia and at least 40 percent of trust funds in localities that are either distressed or double distressed. The bill defines a distressed locality as one where the unemployment rate is greater than the statewide average or the poverty rate exceeds the statewide average. The bill defines a double distressed locality as one that satisfies both of the preceding criteria. An income tax subtraction would be available only for an investment made on or after January 1, 2019, but before December 31, 2024.

Authorizes the Virginia Marine Resources Commission to convey to Virginia Electric and Power Company (Dominion Virginia Power) an easement and rights-of-way needed for constructing and maintaining an underground electric transmission line across the Rappahannock River in Middlesex and Lancaster Counties. The bill provides that none of the right-of-way property that lies within the Baylor Survey shall be considered part of the natural oyster beds, rocks, and shoals of the Commonwealth.

Raises the minimum project cost requiring the use of value engineering from $5 million to $15 million. The bill exempts projects that are designed utilizing (i) a design-build contract or (ii) the Public-Private Transportation Act of 1995 from the value engineering requirements. This bill is identical to

Clarifies, in provisions governing frequency of hospital and nursing home inspections, that a second inspection of a hospital or nursing home that has previously been inspected may be performed before all other hospitals and nursing homes in the Commonwealth have been inspected only in cases in which the subsequent inspection is performed in conjunction with an inspection required by the Centers for Medicare and Medicaid Services. The bill contains an emergency clause.

Provides that if the adopted local transportation plan designates corridors planned to be served by mass transit, a portion of its allocation from (i) the Northern Virginia Transportation Authority distribution, (ii) the commercial and industrial real property tax revenue, and (iii) the secondary system road construction program may be used for the purpose of utility undergrounding in the planned corridor, if the locality matches 100 percent of the state allocation.

Establishes ethical standards and requirements for the provision of court reporting services, including prohibiting providers of court reporting services from (i) entering into contracts for more than one case, action, or legal proceeding with a party to an action, insurance company, third-party administrator, or any other person or entity that has a financial interest in the case, action, or legal proceeding; (ii) giving an economic advantage to one side that is not offered to the other; (iii) having a financial interest in the action; (iv) entering into an agreement for court reporting services that restricts an attorney from using the court reporter or court reporting services provider of the attorney's choosing; (v) allowing the format, content, or body of a certified transcript as submitted by the court reporter to be manipulated in a manner that increases the cost of the transcript; and (vi) providing additional advocacy or litigation support services. The bill provides that a person harmed by a violation of these standards may file a complaint with the administrative body, court, or administrative tribunal in which the action upon which the legal proceeding is based is pending or scheduled to be heard. The bill provides that the court reporter or court reporting services provider alleged to have violated such standards shall be given notice and a right to be heard on any such complaint, with the right of appeal or review. The bill further provides that a person who violates these standards is subject to a civil penalty of $500 for a first offense, $750 for a second offense, and $1,000 for a third and any subsequent offense, which shall be paid to the state treasury and credited to the Legal Aid Services Fund within the Virginia State Bar fund.

Adds (i) members of the investigations unit designated by the State Inspector General to investigate allegations of criminal behavior affecting the operations of a state or nonstate agency and (ii) employees of the Department of Corrections or the Department of Juvenile Justice with internal investigations authority to the definition of law-enforcement officer. Such members and employees would not be eligible for Line of Duty Act benefits.

Provides that the Commonwealth shall not convey, sell, or otherwise dispose of certain real property identified as a 65+/- contiguous acre parcel within Clarke County (hereinafter "the Camp 7 parcel"). The title to the Camp 7 parcel shall be held by the Commonwealth with the intent to enter into an agreement for the conveyance, sale, or other disposition to Clarke County of the Camp 7 parcel on such terms as negotiated by the Commonwealth and representatives of Clarke County.