VA HB2385 | 2023 | Regular Session

Status

Spectrum: Partisan Bill (Republican 33-0)
Status: Engrossed on February 2 2023 - 50% progression, died in chamber
Action: 2023-02-15 - Failed to report (defeated) in Finance and Appropriations (6-Y 10-N)
Text: Latest bill text (Engrossed) [HTML]

Summary

Administration of state government; prohibited actions; civil penalty. Prohibits state agencies from entering into a contract for goods or services with a scrutinized company, defined in the bill as any company owned or operated by a foreign adversary, other than a company for which the Committee on Foreign Investment in the United States has determined that there are no unresolved national security concerns regarding the transaction that created such ownership or permitted such operation. The bill also requires any company that submits a bid or proposal to a state agency with respect to a contract for goods or services to certify in writing that it is not a scrutinized company and outlines the penalties for falsifying information in submitting such certification, including a civil penalty in an amount equal to the greater of $250,000 or twice the amount of the contract for which the bid or proposal was submitted. Finally, the bill prohibits any employee or agent of any executive branch agency or person or entity contracting with any such agency from downloading or using any application, including TikTok or WeChat, or accessing any website developed by ByteDance Ltd. or Tencent Holdings Ltd. (i) on any state-issued device or state-owned or state-leased equipment, including mobile phones, desktop computers, laptop computers, tablets, or other devices capable of connecting to the Internet, or (ii) while connected to any wired or wireless Internet network owned, operated, or maintained by the Commonwealth. Administration of state government; prohibited actions; civil penalty. Prohibits state agencies from entering into a contract for goods or services with a scrutinized company, defined in the bill as any company owned or operated by a foreign adversary, other than a company for which the Committee on Foreign Investment in the United States has determined that there are no unresolved national security concerns regarding the transaction that created such ownership or permitted such operation. The bill also requires any company that submits a bid or proposal to a state agency with respect to a contract for goods or services to certify in writing that it is not a scrutinized company and outlines the penalties for falsifying information in submitting such certification, including a civil penalty in an amount equal to the greater of $250,000 or twice the amount of the contract for which the bid or proposal was submitted. Finally, the bill prohibits any employee or agent of any executive branch agency or person or entity contracting with any such agency from downloading or using any application, including TikTok or WeChat, or accessing any website developed by ByteDance Ltd. or Tencent Holdings Ltd. (i) on any state-issued device or state-owned or state-leased equipment, including mobile phones, desktop computers, laptop computers, tablets, or other devices capable of connecting to the Internet, or (ii) while connected to any wired or wireless Internet network owned, operated, or maintained by the Commonwealth.

Tracking Information

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Title

State agencies; prohibited contracts, civil penalty.

Sponsors


Roll Calls

2023-02-15 - Senate - Senate: Failed to report (defeated) in Finance and Appropriations (6-Y 10-N) (Y: 6 N: 10 NV: 0 Abs: 0) [FAIL]
2023-02-08 - Senate - Senate: Reported from General Laws and Technology (12-Y 3-N) (Y: 12 N: 3 NV: 0 Abs: 0) [PASS]
2023-02-03 - House - House: VOTE: Passage #2 (99-Y 0-N) (Y: 99 N: 0 NV: 0 Abs: 1) [PASS]
2023-02-03 - House - House: VOTE: Passage (53-Y 45-N) (Y: 53 N: 45 NV: 0 Abs: 2) [PASS]
2023-01-23 - House - House: Reported from Communications, Technology and Innovation with substitute (12-Y 10-N) (Y: 12 N: 10 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2023-02-15SenateFailed to report (defeated) in Finance and Appropriations (6-Y 10-N)
2023-02-08SenateRereferred to Finance and Appropriations
2023-02-08SenateReported from General Laws and Technology (12-Y 3-N)
2023-02-06SenateReferred to Committee on General Laws and Technology
2023-02-06SenateConstitutional reading dispensed
2023-02-03HouseVOTE: Passage #2 (99-Y 0-N)
2023-02-03HousePassed House (99-Y 0-N)
2023-02-03HouseReconsideration of passage agreed to by House
2023-02-03HouseVOTE: Passage (53-Y 45-N)
2023-02-03HouseRead third time and passed House (53-Y 45-N)
2023-02-02HousePrinted as engrossed 23106085D-EH2
2023-02-02HouseEngrossed by House - floor substitute with amendment HB2385EH2
2023-02-02HouseAmendment by Delegate Helmer agreed to
2023-02-02HouseSubstitute by Delegate Brewer agreed to 23106085D-H2
2023-02-02HouseCommittee substitute rejected 23105154D-H1
2023-02-02HouseRead second time
2023-02-01HousePassed by for the day
2023-02-01HouseFloor substitute printed 23106085D-H2 (Brewer)
2023-01-31HousePassed by for the day
2023-01-31HouseRead second time
2023-01-30HousePassed by for the day
2023-01-27HousePassed by for the day
2023-01-26HousePassed by for the day
2023-01-25HouseRead first time
2023-01-23HouseCommittee substitute printed 23105154D-H1
2023-01-23HouseReported from Communications, Technology and Innovation with substitute (12-Y 10-N)
2023-01-16HouseReferred to Committee on Communications, Technology and Innovation
2023-01-16HousePresented and ordered printed 23102473D

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
222009(n/a)See Bill Text
224321.4(n/a)See Bill Text
225514.1(n/a)See Bill Text
2311017(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+HB2385
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB2385+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB2385H1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB2385H2+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB2385EH2+hil
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/23105154D.pdf
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+amd+HB2385AH
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB2385F122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB2385FH1122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB2385FEH2122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H21V0001+HB2385
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+HV1371+HB2385
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+HV1372+HB2385
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+S12V0119+HB2385
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+S05V0404+HB2385

Bill Comments

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