Economic development incentives; wage requirements.
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HB1138 — Economic development incentives; wage requirements.
Last action — Read third time and defeated by House (33-Y 65-N 0-A)
No card. One bill, free forever — alerts when it moves.
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1Introduced
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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 has been introduced in the House of Delegates. Introduced January 14, 2026. It must pass committee before a floor vote.
Next likely step: a committee referral and hearing.
Prognosis
Where this bill stands today.
Odds of enactment
LowHow often bills like it became law.
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Introduced
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Mixed recorded votes
2 passed, 1 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Economic development incentives; wage requirements.
Bill Text
We don't have the full text on file for this bill yet.
Read HB1138 on the official Virginia source →Compared against the Code of Virginia as published AI-generated reading aid — verify against the official bill.
This bill amends 2 section(s) of the Code of Virginia: 2.2-2240.3, 2.2-5101.
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2.2-2240.3
"Economically
Inserts “"Economically”.
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2.2-2240.3
d
Inserts “d”.
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2.2-2240.3
istressed
Inserts “istressed”.
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2.2-2240.3
l
Inserts “l”.
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2.2-2240.3
ocality" means a locality that has an unemployment rate (i) for the most recent calendar year for which such data is available that is greater than the final statewide average unemployment rate for that calendar year or (ii) with a poverty rate for the most recent calendar year for which such data is available that exceeds the statewide average poverty rate for that year.
Inserts “ocality" means a locality that has an unemployment rate (i) for the most recent calendar year for which such data is available that is greater than the final statewide average unemployment rate for that calendar year or (ii) with a poverty rate for the most recent calendar year for which such data is available that exceeds the statewide average poverty rate for that year.”.
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2.2-2240.3
"Prevailing average wage" means that amount determined by the Virginia Employment Commission to be the average wage paid
Inserts “"Prevailing average wage" means that amount determined by the Virginia Employment Commission to be the average wage paid”.
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2.2-2240.3
to
Inserts “to”.
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2.2-2240.3
workers in the city or county of the Commonwealth where the job creation or sustainment project is located. The prevailing average wage shall be determined without regard to any fringe benefits.
Inserts “workers in the city or county of the Commonwealth where the job creation or sustainment project is located. The prevailing average wage shall be determined without regard to any fringe benefits.”.
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2.2-2240.3
a minimum entry-level wage rate per hour of at least 1.2 times the federal minimum wage or the Virginia minimum wage, as required by the Virginia Minimum Wage Act (§ 40.1-28.8 et seq.), whichever is higherStrikes “a minimum entry-level wage rate per hour of at least 1.2 times the federal minimum wage or the Virginia minimum wage, as required by the Virginia Minimum Wage Act (§ 40.1-28.8 et seq.), whichever is higher”.
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2.2-2240.3
. In areas that have an unemployment rate of one and one-half times the statewide average unemployment rate, the wage rate minimum may be waived by the AuthorityStrikes “. In areas that have an unemployment rate of one and one-half times the statewide average unemployment rate, the wage rate minimum may be waived by the Authority”.
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2.2-2240.3
an average wage for the jobs eligible for assistance
Inserts “an average wage for the jobs eligible for assistance”.
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2.2-2240.3
that
Inserts “that”.
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2.2-2240.3
is (i) no less than the prevailing average wage
Inserts “is (i) no less than the prevailing average wage”.
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2.2-2240.3
or (ii) in the case of an economically distressed locality, no less than 85 percent of the prevailing average wage
Inserts “or (ii) in the case of an economically distressed locality, no less than 85 percent of the prevailing average wage”.
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2.2-2240.3
qualify forStrikes “qualify for”.
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2.2-2240.3
include fringe
Inserts “include fringe”.
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2.2-2240.3
for the employee
Inserts “for the employee”.
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2.2-2240.3
and
Inserts “and”.
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2.2-5101
andStrikes “and”.
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2.2-5101
or
Inserts “or”.
Action History
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H Read third time and defeated by House (33-Y 65-N 0-A)
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H Read second time and engrossed
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H Moved from Uncontested Calendar to Regular Calendar
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H Read first time
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H Reported from Appropriations (21-Y 0-N)
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H Placed on Appropriations Agenda
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H Subcommittee recommends reporting (5-Y 0-N)
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H Placed on Appropriations Agenda
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H Assigned HAPP sub: Commerce Agriculture & Natural Resources
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H Fiscal Impact Statement from Department of Planning and Budget (HB1138)
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H Referred to Committee on Appropriations
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H Prefiled and ordered printed; Offered 01-14-2026 26102879D
Sponsors
- Terry L. Austin · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 65 voted No
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
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 33 | 65 | 0 | 2 |
| Total | 33 | 65 | 0 | 2 |
| % of votes cast | 33% | 65% | 0% | 2% |
How each member voted (100)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 0 | 0 | 1 |
| Total | 21 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Alex Q. Askew | — | Yea |
| Amy J. Laufer | — | Yea |
| Betsy B. Carr | — | Yea |
| Bill Wiley | — | Yea |
| Briana D. Sewell | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Charniele L. Herring | — | Yea |
| David A. Reid | — | Yea |
| Delores L. McQuinn | — | Not Voting |
| Ellen H. McLaughlin | — | Yea |
| James W. Morefield | — | Yea |
| Joshua E. Thomas | — | Yea |
| Kathy K.L. Tran | — | Yea |
| Luke E. Torian | — | Yea |
| M. Keith Hodges | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Paul E. Krizek | — | Yea |
| Robert S. Bloxom, Jr. | — | Yea |
| Rodney T. Willett | — | Yea |
| Scott A. Wyatt | — | Yea |
| Shelly A. Simonds | — | Yea |
| Terry L. Austin | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 3 |
| Total | 5 | 0 | 0 | 3 |
| % of votes cast | 63% | 0% | 0% | 38% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Amy J. Laufer | — | Not Voting |
| Betsy B. Carr | — | Yea |
| Bill Wiley | — | Yea |
| Charniele L. Herring | — | Yea |
| Luke E. Torian | — | Not Voting |
| Paul E. Krizek | — | Yea |
| Robert S. Bloxom, Jr. | — | Yea |
| Rodney T. Willett | — | Not Voting |
Subjects
Frequently asked questions
- What does HB1138 do?
- Economic development incentives; wage requirements.
- Who sponsors HB1138?
- HB1138 is sponsored by Terry L. Austin.
- What is the current status of HB1138?
- This bill has been introduced in the House of Delegates. Introduced January 14, 2026. It must pass committee before a floor vote.
- Where can I track HB1138?
- Track HB1138 free on One Click Politics — get push/email alerts when it moves.
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