HB 2196 — Sales and use tax, local; exemption for essential personal hygiene products and infant formula.
Last action — Left in Appropriations
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✓Introduced
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2In Committee
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3Passed House of Delegates
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
378 added · 376 removedPlain-language change summary
The amendment to HB 2196 modifies the language regarding additional sales tax imposed in certain counties and cities in Virginia. Specifically, it changes the population threshold from "1.5 million or more" to "not less than 1.2 million" for determining eligibility for the extra tax, which could affect which jurisdictions are subject to this tax. This change may enable more areas to meet the criteria for the retail sales tax at the specified rate.
SESSION INTRODUCEDHOUSE 23102356DSUBSTITUTE I23105174D HOUSE BILL NO.
2196 OfferedAMENDMENT JanuaryIN 11,THE 2023NATURE NOF PrefiledA JanuarySUBSTITUTE 11,(Proposed 2023by Tthe House Committee on Finance on February 1, 2023) (Patron Prior to Substitute––Delegate Byron) A B58.1-603.2,BILL 58.1-604.01,to amend and reenact §§ 58.1-603.1, as it is currently effective and as it may become effective, 58.1-6R5.1,ve, 58.1-606.1, and 58.1-611.1, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to local sales and use tax;
D –––––––––– Patrons––Byron, Greenhalgh, Avoli, Campbell, E.H., LaRock, Runion, Walker, Wiley and Williams U –––––––––– C Referred to Committee on Finance Be it enacted by the General Assembly of Virginia:
E 1.
That §§ 58.1-603.1, as it is currently effective and as it may become effective, 58.1-603.2,D58.1-603.2, 58.1-604.01, as it is currently effective and as it may become effective, 58.1-605.1, 58.1-606.1, and 58.1-611.1, as it is currently effective and as it shall become effective, of the Code of Virginia are amended and reenacted as follows:
In addition to the sales tax imposed pursuant to § 58.1-603, there is hereby levied and imposed seq.)in ofeach Titlecounty 15.2and thatcity (i)located asin of January 1, 2013, has a populationPlanning ofDistrict 1.5established millionpursuant orto moreChapter as42 shown(§ byet15.2-4200 et the most recent United States Census, has not less than 1.2 million motor vehicles registered therein, and has a total transit ridership of not less than 15 million riders per year across all transit sy1temssyEtems within the Planning District or (ii) as shown by the most recent United States Census meets the popula6ionpopulation criteria set forth in clause (i) and also meets the vehicle registration and ridership criteria set forth in clause (i), a retail sales tax at the rate of 0.70 percent.
In any case in which the tax is imposed pursuant to clause (ii) such tax shall be effective beginning on the July 1 immediately following the calendarcaSendar year in whichB. all of the criteria have been met.
In addition to the sales tax imposed pursuant to § 58.1-603, there is hereby levied and imposed in each county and city located in Planning District 15 established pursuant to Chapter 42 (§ 15.2-4200 et seq.) of Title 15.2 a retail sales tax at the rate of 0.70 percent.
S C.
The tax imposed pursuant to subsections A and B shall not be levied upon food purchased forfTr :Such tax shall be added to the rate of the state sales tax imposed pursuant to § 58.1-603 in each such county and city and shall be subject to all the provisions of this chapter and the rules and regulations 36 published with respect thereto.
35No humandiscount consumptionunder and§ essential58.1-622 personalshall hygienebe products,allowed asfor suchthe termstax areimposTd definedunder in37 §this 58.1-611.1.section.
36 Such tax shall be addedadministered toand thecollected rateby of the stateTax salesCommissioner tax imposed pursuant to § 58.1-603 in eachthe suchsame manner / 3738 county and city and shall be subject to all the provisionssame ofpenalties thisas chapterprovided andfor the rulesstate andsales regulationstax 38under published§ with58.1-603. respect thereto.
NoU discount39 under § 58.1-622 shall be allowed for the tax imposed under and subject to the same penalties as provided for the state sales tax under § 58.1-603.he same manner D.
The revenue generated and collected pursuant to the tax authorized under this section, lessleTs the applicable portion of any refunds to taxpayers, shall be deposited by the Comptroller into special funds established by law.
In the case of Planning District 8, the revenue generated and collected thereintheEein shall be deposited into the fund established in § 33.2-2509.
In addition to the sales tax imposed pursuant to § 58.1-603, there is hereby levied and imposedimpoHed in each county and city located in a Planning District established pursuant to Chapter 42 (§ 15.2-420015.2-B200 et seq.) of Title 15.2 that (i) as of January 1, 2013, has a population of 1.5 million or more as shown1hown by the most recent United States Census, has not less than 1.2 million motor vehicles registered therein,t6erein, and hasthe aPlanning totalDistrict transitor ridership(ii) ofas notshown lessby thanthe 15most millionrecent ridersUnited perStates yearCensus acrossmeets allthe transitpopulations systems within thecriteria Planningset Districtforth orin (ii)clause as(i) shownand byalso meets the mostvehicle recentregistration Unitedand Statesridership Censuscriteria meetsset theforth populationin clause (i), a retail sales tax at the rate of 0.70 percent.
In any case in which the tax is imposed pursuant HB2196 2 of 7 to clause (ii) such tax shall be effective beginning on the July 1 immediately following the calendar year in which all of the criteria have been met.
Such HB2196H1 2 of 7 tax shall be added to the rate of the state sales tax imposed pursuant to § 58.1-603 in each such county and city and shall be subject to all the provisions of this chapter and the rules and regulations published with respect thereto.
of 7 F.
There is hereby created in the state treasury a special nonreverting fund to be known as the Historic Triangle Marketing Fund, referred to in this section as "the Fund," to be managed and I administered by the Williamsburg Tourism Council.
The Fund shall be established on the books ofNtheof the of 7 credited to the Fund.
Moneys in the Fund shall be used solelRsolely for the purposes of marketing, advertising, and promoting the Historic Triangle area as an overnight tourism destination, with the intent to attract visitors from a sufficient distance so as to require an overnight stay ofbe atmade leastby onethe night,State asTreasurer seton forthwarrants inissued thisby subsection.the Comptroller upon written request signed byd shall the Secretary of Finance.
Expenditures2. and disbursements from theDFund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the2.
The Williamsburg Tourism Council (the Council) is established as an advisory board in theUthe legislative branch of state government.
one member of the James City County Board of Supervisors, one member of the York County Board of Supervisors;ESupervisors; one member of the Williamsburg City Council, one representative of the Colonial Williamsburg Foundation, one representative of the Jamestown-Yorktown Foundation, one representative of Busch Gardens Williamsburg, one representative of the Jamestown Rediscovery Foundation, one representative of the Williamsburg Hotel and Motel Association, and one representative of the Williamsburg Area Executive Officer of the Virginia Tourism Corporation shall serve as ex officio, nonvoting members of the Council.
3.Foundation, one representative of the Jamestown-Yorktown Foundation, one representative of Busch Gardens Williamsburg, one representative of the Jamestown Rediscovery Foundation, one representative of the Williamsburg Hotel and Motel Association, and one representative of the Williamsburg Area Restaurant Association.
The CouncilChair shallof establish the HistoricGreater TriangleWilliamsburg OfficeChamber of MarketingCommerce and Promotionthe (theChief Office)Executive toOfficer administer a program of marketing,the advertising,Virginia andTourism promotionCorporation toshall attractserve visitorsas toex theofficio, Historicnonvoting Trianglemembers area,of asthe3. required by this subsection.
The Council shall useestablish moneysthe inHistoric theTriangle FundOffice toof fundHtheMarketing payand forPromotion necessary(the expensesUffice) to administer a program of themarketing, Officeadvertising, and promotion to fundattract visitors to the activitiesHistoric ofTriangle thearea, Office.as required by this subsection.
The OfficeCouncil shall2beshall overseenuse bymoneys a professional with extensive experience in marketing or advertising and in the tou9ismFund Council,to long-termfundSthe andpay short-term strategic plans for advertisingnecessary andexpenses promotingof the numerousOffice facilities, venues, and attractions devoted to education,fund historicthe preservation,activities amusement,of entertainment, and dining in the HistoricOffice. Triangle as a cohesive and unified travel destination for local, national, and international travelers;
The Office shall be overseen by a professional with extensive experience in marketing or advertising and in the touEism Council, long-term and short-term strategic plans for advertising and promoting the numerous facilities, venues, and attractions devoted to education, historic preservation, amusement, entertainment, and dining in the Historic Triangle as a cohesive and unified travel destination for local, national, and Snternational travelers;
(iii) identifyingUdentifying strategies for both increasing the number of overnight visitors to the region and increasing the average length of stay of tourists in the region;
and (iv) performing any other function related to the promotion of 4.the Historic Triangle region as may be identified by the Council.
S 4.
and any other details relevant to the work of the CouncilCouncilIand the executive officers of the City of Williamsburg and the Office.Counties of James City and York, and to theief Chairmen of the House Committees on Finance and Appropriations and the Senate Committee on T Finance and Appropriations.
SuchU report§ shall58.1-604.01. be delivered no later than December 1 of each year to the managers or chief executive officers of the City of Williamsburg and the Counties of James City and York, and to the Chairmen of the House Committees on Finance and Appropriations and the Senate Committee on Finance and Appropriations.
Additional(For statecontingent useexpiration taxdates, insee certainActs counties and cities.Acts 2013, c.
1235)12T5) A.Additional state use tax in certain counties and cities.
In addition to the use tax imposed pursuant to § 58.1-604, there is hereby levied and imposed in each county and city located in a Planning District established pursuant to Chapter 42 (§ 15.2-4200 et seq.) of Title 15.2 that (i) as of January 1, 2013, has a population of 1.5 million or more, as shown by the most recent United States Census, has not less than 1.2 million motor vehicles registered therein, and has a total transit ridership of not less than 15 million riders per year across all transit systems within the Planning District or (ii) as shown by the most recent United States Census meets the population clause (i), a retail use tax at the rate of 0.70 percent.
B B.
In addition to the sales tax imposed pursuant to § 58.1-603, there is hereby levied and imposedi1posed in each county and city located in Planning District 15 established pursuant to Chapter 42 (§ 15.2-420015.264200 et seq.)imposed pursuant to both clause (ii) of Titlesubsection 15.2A aand retailthis usesubsection.ase taxshall atan theadditiona1 rateuse oftax 0.70be percent.C.
Show all 88 changed lines (48 more)
InThe notax caseimposed shallpursuant anto additionalsubsections useA taxand beB imposedshall pursuantnot tobe bothlevied clauseupon (ii)food ofpurchased subsectionfor Ahuman consumption and thisessential subsection.personal hygiene products, as such terms are defined in § 58.1-611.1.
humanSuch consumptiontax andshall essentialbe personaladded hygieneto products,the asrate suchof termsthe arestate defineduse intax imposed pursuant to § 58.1-611.1.58.1-604 in such county and city and shall be subject to all the provisions of this chapter and the rules and regulations published with respect thereto.
HB2196No 4discount ofunder 7§ Such58.1-622 tax shall be addedallowed tofor the rate of the state use tax imposeddescribed pursuantunder tothis §HB2196H1 58.1-6044 in such county and city and shall be subject to all the provisions of this7 chaptersection. and the rules and regulations published with respect thereto.
No discount under § 58.1-622 shall be allowed for the tax described under this section.
The question on the ballot for the referendum shall include language stating (i) that the revenues from the sales tax shall be used solely for capital projects for the construction or renovation of schools and (ii) of 7 the date on which the sales tax shall expire.
The governing body of the qualifying locality, if it elects to impose a local sales tax uIderunder this section after approval at a referendum as provided in subsection B shall do so by the adoption Nfof an of 7 effective on the first day of a month at least 120 days after its adoption.
R D.
Any local sales tax levied under this section shall be administered and collected by the Tax Commissioner in the same manner and subject to the same exemptions and penalties as provided for the statepurchased salesfor tax;human consumption or essential personal hygiene products, as such terms are defined in § 58.1-611.1.
however,E. the local sales tax levied under this section shall not be levied on Dood purchased for human consumption or essential personal hygiene products, as such terms are defined in § 5E.
All local sales tax moneys collected by the Tax Commissioner under this section shall be paid into the state treasury to the credit of a special fund that is hereby created on the Comptroller's books for each qualifying locality under the name "Collections of Additional Local Sales Taxes in ___E____ (INSERT NAME OF THE QUALIFYING LOCALITY)." Each fund shall be administered as provided in § 58.1-605.
As soon as practicable after the local sales tax moneys have been paid into the state treasury in any month for the preceding month, the Comptroller shall draw his warrant on the State Treasurer in the proper amount in favor of each qualifying locality, and such payments shall be charged to the accountheaccount ofpayment, or adjustments are otherwise necessary, whether attributable to refunds to taxpayers oU to someh other fact, the qualifyingerrors localityshall underbe itscorrected specialand fundadjustments createdmade byin thisthe section.payments for the next two months as follows:
Ifone-half errorsof are made in any such payment, or adjustments are otherwise necessary, whether attributable to refunds to taxpayers or to some other fact, the errorstotal adjustment shall be correctedincluded and adjustments made in the paymentspayment for each of the nextnSxt two monthsmonths. as follows:
one-halfIn addition, the payment shall include a refund of amounts erroneously not paid to each qualifying locality and not previously refunded during the totalthree adjustmentyears shallpreceding bethe includeddiscovery inEf the paymentfunds forby eachthe dealer shall be made within three years of the nHxtdate twoof months.the payment error.
Inmisallocation addition, the payment shall include a refund of amountsG. erroneously not paid to each2 qualifying locality and not previously refunded during the three years preceding the discovery 9f the funds by the dealer shall be made within three years of the date of the payment error.
misalloc6tionThe revenues from this tax shall be used solely for capital projects for new construction or major renovation of G.schools in the qualifying locality, including bond and loan financing costs relatSd to such construction or renovation.
The revenues from this tax shall be used solely for capital projects for new construction or major renovation of schools in the qualifying locality, including bond and loan financing costs related to such construction or renovation.
use of revenues for constructionconstructiUn or renovationrenA. of schools.
A.
The governing body of a qualifying locality may levy a use tax at the rate of such sales tax under § 58.1-605.1 to provide revenue for capital projects for the construction or renovation oS schools in such locality.
Such tax shall be added to the rates of the state and local use tax imposed by thisolsthis chapter and shall be subject to all the provisions of this chapter, and all amendments thereof, and the rules and regulations published with respect thereto, except that no discount under § 58.1-622 shallIhall be allowedall2. on a local use tax.
2.Any tax imposed pursuant to this section shall expire (i) if the capital projects for the construction or renovation of schools are to be financed by bonds or loans, on the date by which such bonds or loans shall be repaid or (ii) if the capital projects for the construction or renovation of schools are not to be financed by bonds or loans, on a date chosen by the governing body and specified in any resolutTon passed pursuant to the provisions of subsection B.
AnySuch taxexpiration imposed pursuant to this section shall expire (i) if the capital projects for the construction or renovation of schools are to be financed by bonds or loans, on the date by which such bonds or loans shall be repaid or (ii) if the capital projects for the construction or renovation of schools are not to be passedmore pursuantthan to20 theyears provisionsaftB. of subsection B.
Such expiration date shall not be more than 20 years after the date of the resolution passed pursuant to the provisions of subsection B.
B.
however, the local use tax levied under this section shall not be levied on foodfoodBpurchased purchased for human consumption or essential personal hygiene products, as such terms are defined in 1 § 58.1-611.1.
D.6 applies, the situs of which for state and local sales tax purposes is the locality of location of each place of business of every dealer paying the tax to the Commonwealth without regard to the locality of possible use by the purchasers.
TheHowever, the local use tax authorized by this section shall not apply to transactionstangible topersonal whichproperty purchased outside the salesCommonwealth taxfor applies,use theor situsconsumption ofwithin whichthe forlocality stateimposing andthe local salesuse taxtax, purposesor isstored within the locality offor locationuse ofor eachconsumption, placewhere possiblethe useproperty bywould have been subject to the purchasers.sales tax if it had been purchased within the Commonwealth.
However,HB2196H1 the6 of 7 The local use tax authorized by this section shall also apply to HB2196leases 6or rentals of 7 tangible personal property purchasedwhere outside the Commonwealthplace forof usebusiness orof consumption within the localitylessor imposingis theoutside local use tax, or stored within the localityCommonwealth forand usesuch leases or consumption,rentals whereare the property would have been subject to the salesstate taxtax. if it had been purchased within the Commonwealth.
The local use tax shall also apply to leases or rentals of tangible personal property where the place of business of the lessor is outside the Commonwealth and such leases or rentals are subject to the state tax.
On1. and after January 1, 2023, but before July 1, 2023 and except for taxes imposed pursuant to §§ 58.1-605 and 58.1-606, no tax shall be imposed under this chapter, or pursuant to any authority granted under this chapter, on food purchased for human consumption or essential personal hygiene products.
On and after January 1, 2023, but before January 1, 2024, and except for taxes imposed pursuant to §§ 58.1-605 and 58.1-606, no tax shall be imposed under this chapter, or pursuant to any authority granted under this chapter, on food purchased for human consumption or essential personal hygiene products.
On and after JulyJanuary 1, 2023,2024, and except for taxes imposed pursuant to §§ 58.1-605 and 58.1-606, no tax shall be imposed under this chapter, or pursuant to any authority granted under this chapter, on food purchased for human consumption.
On and after JulyJanuary 1, 2023,2024, no tax shall be imposed under this chapter, or pursuant to any authority granted under this chapter, on essential personal hygiene products and infant formula.
(i) the revenue from the tax at the rate of one-half percent shall be distributed as provided in subsection A of § 58.1-638 and (ii) the of 7 revenue from the tax at the rate of one percent shall be distributed as provided in subsections B, C, and D of § 58.1-638.
I B.
On and after January 1, 2023, but before JulyJanuary 1, 2023,2024, and except for taxes imposed of 7 pursuant to §§ 58.1-605 and 58.1-606, no tax shall be imposed under this chapter, or pursuant to any authorityhygiene grantedproducts. under this chapter, on food purchased for human consumption or essential personal hygieTe pro2.
On and after July 1, 2023, and except for taxes imposed pursuant to §§ 58.1-605 and 58.1-R06, no tax shall be imposed under this chapter, or pursuant to any authority granted under this chapter, on food purchased for human consumption.consumption or essential personal 2.
OOn 3.and after January 1, 2024, and except for taxes imposed pursuant to §§ 58.1-605 and 58.1-606, no tax shall be imposed under this chapter, or pursuant to any authority granted under this cha3.
On and after JulyJanuary 1, 2023,2024, no tax shall be imposed under this chapter, or pursuant to anyDany autC.authority granted under this chapter, on essential personal hygiene products and infant formula.
BeginningC. February 1, 2023, an amount equal to the revenue that would have been distributUd pursuant to clause (ii) of subsection A shall be distributed as provided in subsections B, C, and D of § 58.1-638 based on the estimates of the population of cities and counties ages five to 19.
CBeginning February 1, 2023, an amount equal to the revenue that would have been distributed § 58.1-638 based on the estimates of the population of cities and counties ages five to 19.C, and D of D.
As used in this section, "food purchased for human consumption" has the same meaning aEas "food" defined in the Food Stamp Act of 1977, 7 U.S.C.
For the purpose of this section, "food purchased for human consumption" shall not includen food sold by any retail establishment where the gross receipts derived from the sale of food prepared by such retail establishment for immediate consumption on or off the premises of the retail establishment constitutes more than 80 percent of the total gross receipts of that retail establishment, including but not limited to motor fuel purchases, regardless of whether such prepared food is consumed on the premisespremisesbut businessnot for which any "dealer," as defined in § 58.1-612, is required to apply for and receive ace of certificatethat ofretail registrationestablishment. pursuant to § 58.1-613.
HFor 2.purposes of this section, "retail establishment" means each pUace of business for which any "dealer," as defined in § 58.1-612, is required to apply for and receive a cer2.
As used in this section, "essential personal hygiene products" means (i) nondurable incontinence products such as diapers, disposable undergarments, pads, and bed sheets and (ii) menstrual cup9cupE and flow.pads, pantyliners, sanitary napkins, tampons, and other products used to absorb or contain menstrual to this chapter.
"Essential personal hygiene products" does not include any item that is otherwise exempt pursuant to3. this chapter.
3.
U B S T I T U T E B H 1
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View plain text versions (2)
- Committee Substitute Committee substitute printed 23105174D-H1 Current pdf February 01, 2023
- Prefiled Prefiled and ordered printed; offered 01/11/23 23102356D pdf January 11, 2023
Action History
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Left in Appropriations
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Referred to Committee on Appropriations
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Committee substitute printed 23105174D-H1
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Reported from Finance with substitute (18-Y 4-N)
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Subcommittee recommends referring to Committee on Appropriations
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Subcommittee recommends reporting with substitute (5-Y 1-N)
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House subcommittee amendments and substitutes offered
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Assigned Finance sub: Subcommittee #3
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Impact statement from TAX (HB2196)
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Referred to Committee on Finance
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Prefiled and ordered printed; offered 01/11/23 23102356D
Sponsors
- Kathy J. Byron · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors HB 2196?
- HB 2196 is sponsored by Byron, Kathy J..
- What is the current status of HB 2196?
- This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 2196?
- Track HB 2196 free on One Click Politics — get push/email alerts when it moves.
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