Passed: 2007 Passed Bills
 Composite view with notes

Bills CommitteeLast actionDate
HB 1653 - Armstrong - Smoking; guilty of a misdemeanor if in certain proximity to gas pumps. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(S) Rereferred to Courts of Justice02/08/07
notes: PASSED THE HOUSE. The RMA will support the legislation. This legislation provides that any person who smokes or uses an open flame within 25 feet of a pump used to fuel motor vehicles is guilty of a Class 2 misdemeanor.
HB 1657 - Kilgore - Banks; financial activities.  (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(G) Approved by Governor-Chapter 1 (effective 2/5/07)02/05/07
notes: PASSED THE HOUSE AND SENATE. The legislation prohibits a bank from establishing or maintaining a branch in Virginia on the premises or property of an affiliate if the affiliate engages in commercial activities, which are defined as activities in which a bank holding company, a financial holding company, a national bank, or a national bank financial subsidiary may not engage under federal law. The measure repeals provisions regarding the commercial activities of industrial loan associations and industrial loan companies. The measure will be effective upon passage.
HB 1678 - Cosgrove - Retail Sales and Use Tax; exemptions include energy-efficient products. (H) Committee on Finance

(S) Committee on Finance
(H) Placed on Calendar02/12/07
notes: PASSED THE HOUSE AND SENATE. This legislation provides a sales tax exemption for purchases of certain energy-efficient products with a sales price of $2,500 or less made during the first Friday, Saturday, and Sunday in October of each year. The bill also authorizes dealers to absorb the sales and use tax on all other items sold during the same time period and thereby relieve the purchasers of the obligation to pay such tax. Dealers who absorb such taxes are liable for payment of the same to the Tax Commissioner.
HB 1695 - Purkey - Business, professional, and occupational license (BPOL) tax; motor fuels tax exemption. (H) Committee on Finance

(S) Committee on Finance
(S) VOTE: (40-Y 0-N)02/08/07
notes: PASSED THE HOUSE AND SENATE. The RMA will support this legislation. The concept of levying a tax on Gross Receipts in unfair and the unfairness is made worse when you add the burden of being tax on a tax. The RMA will work to have the legistion require that any locality which has required gasoline retailers to pay the BPOL tax on the gross receipts that include state and fedeal excise tax shall refund all over collection to the retailer.
HB 1784 - Cosgrove - Wine and beer; delivery thereof, permits. (H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services
(S) VOTE: (40-Y 0-N)02/12/07
notes: PASSED THE HOUSE. This legislation restores to certain Virginia retailers the privilege of delivering wine and beer to their customers. Such privilege was removed as a result of recent federal litigation challenging the constitutionality of Virginia's ABC law. The bill contains technical amendments, including relocating the existing provisions concerning direct shipment of wine and beer (§ 4.1-112.1) to the administration of licenses portion of ABC law.
HB 1815 - Suit - Alcoholic beverage control; adds a meal-assembly kitchen license. (H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services
(S) VOTE: (40-Y 0-N)02/12/07
notes: PASSED THE HOUSE. This legislation adds a new license for meal-assembly kitchens, defined as any commercial establishment that offers to its customers, for off-premises consumption, ingredients for the preparation of meals and entrees in professional kitchen facilities located at the establishment. Under the terms of the license, a licensee is authorized to permit the consumption of lawfully acquired wine or beer on the premises of the licensee by any bona fide customer of the licensee and to serve wine or beer on the premises of the licensee to any such bona fide customer; however, the licensee shall not give more than two five-ounce glasses of wine or one 12-ounce glass of beer to any such customer, nor shall it sell or otherwise charge a fee to such customer for the wine or beer served or consumed. The privileges of this license shall be limited to the premises of the meal-assembly kitchen regularly occupied and utilized as such. The bill provides for state and local license taxes.
HB 1889 - Albo - Alcoholic beverage control; refusal to grant and revocation or suspension of licenses. (H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services
(S) VOTE: (40-Y 0-N)02/12/07
notes: PASSED THE HOUSE. This legislation updates the various business ownership types of applicants for an ABC license, as well as those who already are licensees of the ABC Board, in the context of conducting background checks for granting a license or revoking or suspending a license.
HB 1980 - Lohr - Alcoholic beverage control; creates a mixed beverage limited caterer's license. (H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services
(S) VOTE: (40-Y 0-N)02/12/07
notes: PASSED THE HOUSE. Creates a new mixed beverage limited caterer's license, which may be granted only to a person regularly engaged in the business of providing food and beverages to others for service at private gatherings or at special events, not to exceed 12 gatherings or events per year. The bill authorizes the licensee to sell and serve alcoholic beverages for on-premises consumption, and the licensee must meet the required food sale ratio. The bill sets forth the state and local license taxes for this new license. The bill contains technical amendments.
HB 1984 - Lohr - Alcoholic beverage control; definition of public place and local authority. (H) Committee on General Laws

(S) Committee for Courts of Justice
(S) Rereferred to Courts of Justice02/09/07
notes: PASSED THE HOUSE. Includes in the definition of public place any sidewalk adjoining highways, streets, or lanes.
HB 1995 - Suit - Alcoholic beverage sale nuisances; locality by its mayor, etc. may file complaint to enjoin, etc. (H) Committee for Courts of Justice

(S) Committee on Rehabilitation and Social Services
(S) VOTE: (40-Y 0-N)02/12/07
notes: PASSED THE HOUSE. Any locality by or through its mayor, executive, or attorney may file a complaint in a circuit court to enjoin the sale of alcohol at any establishment licensed by the Alcohol Beverage Control Board. The basis for such complaint shall be that the continued sale of alcohol at the establishment presents a threat to public safety as a result of frequent criminal acts occurring on or near the premises. The injunction would be automatically lifted upon final disposition of a mandatory ABC Board hearing into the matter.
HB 2066 - Nixon - Unemployment compensation; increases maximum weekly benefit. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(S) Referred to Committee on Commerce and Labor01/23/07
notes: PASSED THE HOUSE. Increases the maximum weekly benefit from $347 to $363 for claims effective on or after July 1, 2007
HB 2145 - Albo - Alcoholic beverage control; authorizes ABC Board to grant mixed beverage license to Rimland Resort. (H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services
(S) VOTE: (40-Y 0-N)02/12/07
notes: PASSED THE HOUSE. Authorizes the Alcoholic Beverage Control Board to grant a mixed beverage license to any establishment located on property consisting of at least 10,000 acres and operated as a resort located in any county with a population between 19,200 and 19,500 (Primland Resort in Patrick County).
HB 2167 - Cline - Retail Sales and Use Tax; limited exemption on computers and related peripheral equipment. (H) Committee on Finance

(S) Committee on Finance
(S) Referred to Committee on Finance02/06/07
notes: PASSED THE HOUSE. Provides a sales and use tax exemption, during a three-day period each year beginning on the first Friday in August, for (i) computer systems where the selling price for each system is $1,500 or less and (ii) computers, computer hardware, computer software, and portable calculators where the selling price for each item is $500 or less.
HB 2315 - Welch - Meals tax; referendum required in certain cities. (H) Committee on Finance

(S) Committee on Finance
(S) Referred to Committee on Finance01/26/07
notes: PASSED THE HOUSE. The RMA supports this legislation, it would restrict the imposition in any city having a population of 100,000 or more of any new meals tax or tax rate increase without approval by referendum
HB 2422 - Griffith - Smoking; prohibited in restaurants, penalty. (H) Committee on General Laws

(S) Committee on Education and Health
(S) Referred to Committee on Education and Health02/05/07
notes: PASSED THE HOUSE. This legislation prohibits smoking in restaurants in the Commonwealth unless a restaurant posts signs stating "Smoking Permitted" conspicuous to ordinary public view at each public entrance. Any person who continues to smoke in any prohibited area after having been asked to refrain from smoking shall be subject to a civil penalty of not more than $250 for the first offense, and $500 for a second offense; any subsequent offense shall be punishable as a Class 2 misdemeanor. Any proprietor of any restaurant who fails to comply with these restrictions shall be subject to a civil penalty of not more than $500 for the first offense and $1000 for a second offense; any subsequent offense shall be punishable as a Class 1 misdemeanor.
HB 2450 - Saxman - Alcoholic beverage control; creates new nonresident winery distributor license. (H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services
(S) VOTE: (40-Y 0-N)02/12/07
notes: PASSED THE HOUSE. This legislation creates a new nonresident winery distributor license that authorizes the licensee to sell and deliver the wine produced by the licensee, in accordance with ABC Board regulations, in closed containers, to (i) persons licensed to sell the wine at retail for the purpose of resale, § 4.1-326 notwithstanding, (ii) the Board, and (iii) persons in Virginia to whom alcoholic beverages may be lawfully sold. The bill provides that, for purposes of § 4.1-234 and Chapter 6 (§ 58.1-600 et seq.) of Title 58.1, each delivery of wine by such licensee to a consumer or a retail licensee shall constitute a sale in Virginia. Licensees are required to collect the taxes due to the Commonwealth and remit any excise taxes monthly to the Board and any sales tax to the Department of Taxation. The bill defines "nonresident winery distributor" as any winery located outside the Commonwealth and licensed as such in the state where the winery is located and whose total wine distribution to all Virginia licensees does not exceed 3,000 cases in any calendar year. The bill also grants these same privileges to certain winery and farm winery licensees. The bill also requires the ABC Board to quarterly audit and inspect all licensees with the privilege of self-distribution to ensure they meet the requirements for the license. The bill sets the state license tax for this new license and requires the ABC Board to adopt emergency regulations to implement the provisions of the bill.
HB 2491 - Albo - Alcoholic beverage control; certain conditions for interior advertising, penalty. (H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services
(S) Referred to Committee on Rehabilitation and Social Services02/07/07
notes: PASSED THE HOUSE. This legisaltion authorizes licensed retailers of alcoholic beverages to display, and manufacturers, their authorized vendors, and wholesale wine and beer distributors to provide or sell to such retailers, alcoholic beverage point of sale advertising materials for use in the interior of licensed retail establishments. The bill specifies the conditions under which such advertising may be used and provides that persons found in violation shall be subject to civil penalties
HB 2493 - Albo - Farm wineries; establishes criteria for local regulation thereof. (H) Committee on Counties, Cities and Towns

(S) Committee on Local Government
(S) Referred to Committee on Local Government02/07/07
notes: PASSED THE HOUSE. Establishes criteria for the local regulation of farm wineries, including provisions prohibiting localities from requiring that a special exception or special use permit be obtained for the processing, production, harvesting of fruit and other agricultural products, and manufacturing and production of wine by licensed farm wineries. Other provisions relate to farm winery activities, noise, and outdoor events.
HB 2614 - May - Electrical utility facilities; review of construction applications by State Corporation Commission. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(S) Referred to Committee on Commerce and Labor02/05/07
notes: PASSED THE HOUSE. This legislation requires the State Corporation Commission to consider certain external costs associated with the construction of electrical utility facilities, such as the monetary effect the facility will have on the value of land and structures along the proposed location or corridor. The Commission must also conduct an independent analysis of the facility applicant's assessment of need, load flow analysis, and method of installation. Finally, the bill will require a public utility to provide a GIS map of any proposed improvement or extension that the Commission shall make publicly available on its website. The utilities are currently required to provide a map, but the Code does not specify that it must be a GIS map. The bill also requires the Joint Commission on Technology and Science to convene a workgroup to develop recommendations as to the factors that should be considered by the State Corporation Commission in reviewing applications for the construction of electrical utility facilities.
HB 2637 - Gear - Alcoholic beverage control; creates limited mixed beverage restaurant licenses. (H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services
(S) Referred to Committee on Rehabilitation and Social Services02/05/07
notes: PASSED THE HOUSE. This legislation creates a new limited mixed beverage restaurant license that authorizes the licensee to sell and serve no more than six varieties of liqueurs, which liqueurs shall be combined with coffee or other nonalcoholic beverages for consumption in dining areas of the restaurant. Such license may be granted only to persons who operate a restaurant and in no event shall the sale of such liqueur-based drinks exceed 10 percent of the total annual gross sales. The bill defines liqueur and sets the state and local license taxes for this new license.
HB 2638 - Gear - Alcoholic beverage control; mixed beverage licenses; designated areas. (H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services
(S) VOTE: (40-Y 0-N)02/12/07
notes: PASSED THE HOUSE. This legislation vlarifies that outdoor dining areas for a mixed beverage restaurant license include such areas that have more than one means of ingress and egress to an adjacent public thoroughfare.
HB 2687 - Reid - Unfair employment practices; discharging employees when unauthorized aliens are employed. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(S) Referred to Committee on Commerce and Labor01/31/07
notes: PASSED THE HOUSE. This legislation states that it is an unfair employment practice for an employer to discharge any United States citizen or legally authorized worker if the employer, on the date of the discharge, employed an unauthorized alien within the Commonwealth. Employers that are enrolled and participate in the federal Basic Pilot Program, or are exempt from compliance with federal employment verification procedures under federal law, are not subject to this measure. Someone discharged in violation of this unfair employment practice is entitled to recover treble damages, including lost wages from the date of the discharge until the date the employee has procured new employment, or 120 days, whichever occurs earlier, and reasonable attorney%92s fees and costs.
HB 2738 - Englin - Minimum wage Act; repeals exclusion for persons who are 65 thereunder. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(S) Referred to Committee on Commerce and Labor02/01/07
notes: PASSED THE HOUSE. This legislation repeals the existing exclusion for persons who have reached age 65 from the definition of an employee under the Virginia Minimum Wage Act.
HB 2771 - Hurt - Larceny; charging of crime. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(S) Referred to Committee for Courts of Justice02/07/07
notes: PASSED THE HOUSE. This legislation provides that any charge of larceny or an offense deemed to be larceny (e.g., embezzlement) may be charged under the larceny statute and need not be charged with absolute specificity (e.g., larceny of banknotes pursuant to § 18.2-98).
HB 2772 - Hurt - Fraudulent credit card application; false statements to obtain property or credit. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(S) Referred to Committee for Courts of Justice02/07/07
notes: PASSED THE HOUSE. This legislation raises penalty for making a false statement to obtain credit from a Class 2 to a Class 1 misdemeanor. Characterizes the crime of fraudulently obtaining less than $200 worth of goods, services, etc. as petit larceny rather than a Class 1 misdemeanor. (Obtaining $200 or more is already described as grand larceny.) Defines a written false statement to include information transmitted, other than by voice transmission, by computer, facsimile, e-mail, Internet, or any other electronic or optical medium.
HB 2786 - Joannou - Retail Franchising Act; requirement of SCC for franchise registration. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(S) Referred to Committee on Commerce and Labor01/25/07
notes: PASSED THE HOUSE. This legislation authorizes the State Corporation Commission to require, as a condition of franchise registration, that the franchise fees and other funds paid by a franchisee to the franchisor be escrowed or deferred until the franchisor's preopening obligations are fulfilled, if the liabilities of the franchisor or any controlling person exceed the franchisor's liabilities. The measure also clarifies that it is not unlawful for a person to grant an unregistered franchise if the franchise is exempted from registration by the Commission by rule or order.
HB 2806 - Byron - Commissioners of revenue; deny license for those without legal documents for employment in U.S. (H) Committee on Finance

(S) Committee on Finance
(S) Referred to Committee on Finance02/06/07
notes: PASSED THE HOUSE. This legislation grants local commissioners of the revenue the power to deny or revoke business licenses of persons who are aliens and who cannot provide legal documents proving they are legally eligible to be employed in the United States
HB 2816 - Sickles - Weights and measures; allows Commissioner to establish a schedule for examination thereof. (H) Committee on Agriculture, Chesapeake and Natural Resources

(S) Committee on Agriculture, Conservation and Natural Resources
(S) Reported from Agriculture, Conservation and Natural Resources (15-Y 0-N)02/12/07
notes: PASSED THE HOUSE. Allows the Commissioner to establish a schedule for the examination of weights and measures by service agencies. Also requires service agencies to destroy out-of-service tags after corrective action and extends the deadline for reporting to the Commissioner from 48 hours to 5 days.
HB 3055 - Purkey - Casualty, burglary and theft insurances; policies to include certain provisions. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(S) Referred to Committee on Commerce and Labor02/07/07
notes: PASSED THE HOUSE. Authorizes miscellaneous casualty insurance and burglary and theft insurance policies to include appropriate provisions obligating the insurer to pay medical, hospital, surgical, and funeral expenses arising out of the death, dismemberment, sickness, or injury of any person, and death and dismemberment benefits in the event of death or dismemberment, if the death, dismemberment, sickness, or injury is caused by or is incidental to a cause of loss insured under the policy.
HB 3068 - Hogan - Electric Utility Restructuring Act; expiration or termination of capped rates. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(S) Referred to Committee on Commerce and Labor02/07/07
notes: PASSED THE HOUSE. Provides that if the State Corporation Commission is unable to identify regional electricity markets where competition is an effective regulator of rates, it shall establish the post-capped rate period rates for a distributor's generation component of default service at rates that are in the public interest, do not prejudice or disadvantage any class of customers, provide incentives for improved performance, are not excessive, are adequate and seek to ensure the safe and reliable provision of default service. If a distributor asserts that these default service generation rates do not allow it to recover its prudently incurred costs and an adequate return, the Commission shall establish the rates in a cost-of-service rate case proceeding.
SB 772 - Watkins - Business, professional and occupational and license (BPOL) tax; motor fuels tax exemption. (H) Committee on Finance

(S) Committee on Finance
(H) Reported from Finance (20-Y 0-N)02/12/07
notes: PASSED THE SENATE. Clarifies that the motor fuels tax is exempt from gross receipts for purposes of the BPOL tax.
SB 807 - Puller - Alcoholic beverage control; operation of government stores by agents of the ABC Board. (H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services
(H) Assigned GL sub: #3 ABC/Gaming (Gear)02/05/07
notes: PASSED THE SENATE. Provides that the ABC Board may appoint the holder of a distiller's license or its officers and employees as agents of the Board for the sale of spirits manufactured by the licensee at government stores established by the Board upon the distiller's licensed premises if such licensee is a duly organized nonprofit association holding title to real property, together with improvements thereon, that are significant in American history, under a charter from the Commonwealth to preserve such property, and which association accepts no federal, state, or local funds. Such agents must sell the spirits in accordance with ABC law, Board regulations, and the terms of the agency agreement between the Board and the distiller.
SB 867 - Watkins - Retail Sales and Use Tax; exemptions include Energy Star qualified products. (H) Committee on Finance

(S) Committee on Finance
(H) Reported from Finance (21-Y 0-N)02/12/07
SB 965 - Puller - Forensic mental health examinations. (H) Committee for Courts of Justice

(S) Committee on Finance
(H) Referred to Committee for Courts of Justice02/06/07
notes: PASSED THE SENATE.
SB 984 - Edwards - Alcoholic beverage control; creates an internet wine retailer license. (H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services
(H) Assigned GL sub: #3 ABC/Gaming (Gear)02/06/07
notes: PASSED THE SENATE. Creates the internet wine retailer license and specifies the privileges of this license and the applicable state license tax. The bill defines an internet wine retailer as a person who owns or operates an establishment with adequate inventory, shelving, and storage facilities, where in consideration of payment, internet or telephone orders are taken and shipped directly to consumers and which establishment is not a retail store open to the public.
SB 1149 - Wagner - Alcoholic beverage control; ABC Board has authority to sell products with distilled spirits. (H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services
(H) Assigned GL sub: #3 ABC/Gaming (Gear)02/08/07
notes: PASSED THE SENATE.
SB 1161 - Bell - Smoke Free Air Act; created. (H) Committee on General Laws

(S) Committee on Education and Health
(H) Assigned GL sub: #3 ABC/Gaming (Gear)02/07/07
notes: PASSED THE SENATE. Moves the law restricting smoking in buildings and other enclosed areas from the title relating to local government (15.2) to the title relating to health (32.1) and prohibits smoking indoors in most buildings or enclosed areas frequented by the public. Exceptions are provided for (i) private homes, private residences, and private automobiles, and home-based businesses, unless used in conjunction with a licensed child care, adult day care, or health care facility; (ii) certain private functions held in public facilities; (iii) hotel or motel rooms not clearly designated as "nonsmoking" rooms that are offered for lease or rent to the public; (iv) specialty tobacco stores; and (v) tobacco manufacturers. Signs stating "Warning: Smoking Permitted" must be posted by the proprietor of any exempt building or area when smoking is allowed. Any person who continues to smoke in an area in which smoking is prohibited will be subject to a civil penalty of not more than $100 for the first offense, and $250 for subsequent offenses. Failure to comply with the smoking restrictions will subject proprietors to a $200 civil penalty for the first offense and $500 for subsequent offenses.
SB 1167 - Stolle - Retail Sales and Use Tax; exemptions include hurricane preparedness equipment. (H) Committee on Finance

(S) Committee on Finance
(H) Reported from Finance with substitute (20-Y 1-N)02/12/07
SB 1289 - Watkins - Wine and beer; delivery thereof, permits. (H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services
(H) Assigned GL sub: #3 ABC/Gaming (Gear)02/06/07
notes: PASSED THE SENATE. This legislation restores to certain Virginia retailers the privilege of delivering wine and beer to their customers. Such privilege was removed as a result of recent federal litigation challenging the constitutionality of Virginia's ABC law. The bill contains technical amendments, including relocating the existing provisions concerning direct shipment of wine and beer (formerly § 4.1-112.1) to the administration of licenses portion of ABC law as new § 4.1-209.1.
SB 1306 - Newman - Electric power and energy; purchase by Virginia Tech and municipal corporation. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(H) Referred to Committee on Commerce and Labor02/08/07
notes: PASSED THE SENATE.
SB 1327 - Colgan - Minimum wage; increase per hour. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(H) Assigned C & L sub: Utilities/Employment (Byron)02/09/07
notes: PASSED THE SENATE. This legislation increases the minimum wage from its current federally mandated level of $5.15 per hour to $6.50 per hour effective July 1, 2007, unless a higher minimum wage is required by the federal Fair Labor Standards Act.
SB 1344 - Lambert - Recordation tax; exemption for deeds of trust or mortgages given by nonprofit organization. (H) Committee on Finance

(S) Committee on Finance
(H) Tabled in Finance02/12/07
notes: PASSED THE SENATE.
SB 1413 - Hanger - Wine; nonstock corporation to assist in distribution thereof, restricted wholesale licenses. (H) Committee on General Laws

(S) Committee on Finance
(H) Assigned GL sub: #3 ABC/Gaming (Gear)02/07/07
notes: PASSED THE SENATE.
SB 1416 - Norment - Electric utilities; advances scheduled expiration of capped rate period. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(H) Referred to Committee on Commerce and Labor02/08/07
notes: PASSED THE SENATE.