Income tax, corporate & state; modification for certain companies, grants. (SB883)

Introduced By

Sen. Bill Stanley (R-Moneta) with support from 9 copatrons, whose average partisan position is:

Those copatrons are Del. Les Adams (R-Chatham), Del. Lashrecse D. Aird (D-Petersburg), Del. Jeff Campbell (R-Marion), Del. James Edmunds (R-South Boston), Del. Chris Hurst (D-Blacksburg), Del. Terry Kilgore (R-Gate City), Del. Danny Marshall (R-Danville), Del. Will Morefield (R-North Tazewell), Sen. Bill Carrico (R-Grayson)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Income tax; modification for certain companies; grants. Establishes an income tax modification for companies that, from 2018 through 2024, either (i) invest at least $5 million in new capital investment in a qualified locality and create at least 10 jobs paying at least 150 percent of the minimum wage in a qualified locality or (ii) create at least 50 jobs paying at least 150 percent of the minimum wage in a qualified locality. A company is eligible to claim the modification only if it had no property or payroll in Virginia on the effective date of the act. The bill defines "qualified locality" to include (a) the Counties of Alleghany, Bland, Buchanan, Carroll, Craig, Dickenson, Giles, Grayson, Lee, Russell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe and the Cities of Bristol, Galax, and Norton; (b) the Counties of Amelia, Appomattox, Buckingham, Charlotte, Cumberland, Halifax, Henry, Lunenburg, Mecklenburg, Nottoway, Patrick, Pittsylvania, and Prince Edward and the Cities of Danville and Martinsville; (c) the Counties of Accomack, Caroline, Essex, Gloucester, King and Queen, King William, Lancaster, Mathews, Middlesex, Northampton, Northumberland, Richmond, and Westmoreland; and (d) the Counties of Brunswick and Dinwiddie and the City of Petersburg. "Qualified locality" also includes certain real property owned or partly owned by such localities outside of their territorial boundaries. The bill requires a company to obtain annual certification from the Virginia Economic Development Partnership Authority (the Authority) that the company will have a positive fiscal impact on Virginia, based on consideration of certain factors. It directs the Authority to deny certification to any company that reorganizes for the purpose of taking advantage of the tax benefits provided by the bill. Generally, the amount of the modification is the value of the company's property and payroll in qualified localities and its sales in Virginia. The bill provides similar modifications for industries that use different apportionment formulas, including motor carriers, financial companies, construction companies, railway companies, manufacturing companies, retailers, and businesses with enterprise data center operations. Eligibility for the income tax apportionment modifications shall continue for six years following the year in which the company initially makes a modification to its apportionment formula. Continuing eligibility is contingent on the company's maintaining its capital investment and jobs created in qualified localities and obtaining re-certification from the Authority. The bill permits qualified localities to provide grants and loans to companies that qualify for the modification provided by the bill. The bill also authorizes grants and loans of up to $2,000 per job per year from the Commonwealth's Development Opportunity Fund to an eligible company. This bill is identical to HB 222. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/18/2018Presented and ordered printed 18104364D
01/18/2018Referred to Committee on Finance
01/29/2018Impact statement from TAX (SB883)
02/07/2018Reported from Finance with substitute (11-Y 5-N) (see vote tally)
02/07/2018Committee substitute printed 18106763D-S1
02/08/2018Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/09/2018Read second time
02/09/2018Reading of substitute waived
02/09/2018Committee substitute agreed to 18106763D-S1
02/09/2018Engrossed by Senate - committee substitute SB883S1
02/12/2018Passed by temporarily
02/12/2018Read third time and passed Senate (25-Y 14-N) (see vote tally)
02/12/2018Reconsideration of passage agreed to by Senate (39-Y 0-N) (see vote tally)
02/12/2018Passed Senate (29-Y 11-N) (see vote tally)
02/12/2018Reconsideration of passage rejected by Senate (36-Y 4-N) (see vote tally)
02/12/2018Requires unanimous consent for second reconsideration
02/15/2018Placed on Calendar
02/15/2018Read first time
02/15/2018Referred to Committee on Finance
02/20/2018Assigned Finance sub: Subcommittee #2
02/20/2018Impact statement from TAX (SB883S1)
02/26/2018Reported from Finance with substitute (16-Y 5-N) (see vote tally)
02/26/2018Committee substitute printed 18107486D-H1
02/26/2018Referred to Committee on Appropriations
02/27/2018Reported from Appropriations with substitute (20-Y 2-N) (see vote tally)
02/27/2018Committee substitute printed 18107761D-H2
02/28/2018Constitutional reading dispensed (95-Y 0-N)
02/28/2018VOTE: AGREE TO MOTION (95-Y 0-N) (see vote tally)
02/28/2018Taken up out of order pursuant to House Rule 52 (96-Y 0-N)
02/28/2018VOTE: AGREE TO MOTION (96-Y 0-N) (see vote tally)
02/28/2018Read third time
02/28/2018Committee substitute from Finance rejected 18107486D-H1
02/28/2018Committee substitute from Appropriations agreed to 18107761D-H2
02/28/2018Engrossed by House - committee substitute SB883H2
02/28/2018Passed House with substitute (87-Y 12-N)
02/28/2018VOTE: PASSAGE (87-Y 12-N) (see vote tally)
02/28/2018House substitute rejected by Senate (5-Y 34-N) (see vote tally)
02/28/2018House insisted on substitute
02/28/2018House requested conference committee
02/28/2018Senate acceded to request (40-Y 0-N) (see vote tally)
02/28/2018Conferees appointed by Senate
02/28/2018Senators: Stanley, Hanger, Howell
02/28/2018Conferees appointed by House
02/28/2018Delegates: Morefield, Hugo, Aird
03/09/2018C Amended by conference committee
03/09/2018Conference substitute printed 18108202D-S2
03/09/2018Conference report agreed to by House (87-Y 10-N)
03/09/2018VOTE: ADOPTION (87-Y 10-N) (see vote tally)
03/09/2018Conference report agreed to by Senate (34-Y 5-N) (see vote tally)
03/20/2018Enrolled
03/20/2018Bill text as passed Senate and House (SB883ER)
03/20/2018Signed by Speaker
03/21/2018Impact statement from TAX (SB883ER)
03/22/2018Signed by President
03/26/2018Enrolled Bill Communicated to Governor on March 26, 2018
03/26/2018G Governor's Action Deadline Midnight, April 9, 2018
04/09/2018G Approved by Governor-Chapter 801 (effective 7/1/18)
04/09/2018G Acts of Assembly Chapter text (CHAP0801)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 3 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

Reported from the committee on facebook finance with a substitute and reported from the committee on appropriations with a substitute. delegate moorfield. >> I move to reject the amendment in the nature of a substitute from the committee on finance. And accept the finance substitute. >> shall the facebook substitute be agreed to. All in favor of that motion say aye. Opposed no. The finance substitute is rejected. Shall the committee substitute from appropriations be agreed to? That is agreed to. Speaker morefield. I hope that we will support the amendment in the nature of the stutts from the appropriations committee. I do not personally agree but I leave it will at least put us in the posture of working out differences in the conference committee. The bill is now similar to house bill 222 that we passed 87-12 which would provide income tax exemptions to corporations that meet certain investment thresholds in the localities that are listed in the adopted substitute. I hope it would be the pleasure of the house to pass the bill.

Del. Kirk Cox (R-Colonial Heights): shall the bill pass?