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The Retail Advocate

The Retail EmployerGeneral Assembly 2008—Week #2

Felony Threshold, increase from $200 to $500

SB351 that would raise the felony threshold to $500 was heard in Senate Courts Committee on Wednesday, January 23rd. The committee recommended the bill be carried over until next session with the caveat that all interested parties meet during the summer to determine an acceptable increase in the felony threshold that would include the necessary tools that retailers need to help prevent an increase in shoplifting when the threshold is increased.

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Sales Tax Absorption

HB194 and SB147 were not heard during the second week. Both bills will be heard in the 3 rd week. We have learned that those supporting the bill may amend the bill to allow retailers to “indirectly” advertise that they will absorb the tax for the retailers. We feel this is using smoke and mirrors to gain a competitive advantage. The VRF will oppose this amendment.

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Credit Freeze

All House bills dealing with Credit Freezing were incorporated into legislation, HB1311, patroned by Delegate Kathy Bryon. Del. Byron’s legislation was supported by most organizations representing business. The bill will authorizes any consumer to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer’s express authorization. The measure provides a means by which a consumer can release his report, permanently, temporarily, or to a specific third party. Certain disclosures are exempt from the freeze. A fee of up to $10 may be charged for establishing or lifting a freeze, except identity theft victims are not required to pay a fee except for a temporary lifting of the freeze within 15 minutes of receipt of certain electronic requests. A person who willfully fails to comply with the requirements is liable to a consumer for actual damages of between $100 and $1,000 dollars, punitive damages, and reasonable attorney fees. A person who negligently fails to comply with the requirements is liable to a consumer for actual damages and reasonable attorney fees.

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Plastic Bag Ban

The VRF began working with Del. Barlow and Senator Quayl last fall to develop study legislation that would address the problem plastic bags are causing in their districts. The VRF has an agreement with the Delegate and Senator to request a study during this summer when all interested parities can work on a solution that would prevent a move to a complete ban on plastic bags.

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Employee Restroom Mandate

HB 733 introduced by Delegate Caputo would require retailers who do not have public restroom to allow customers with certain medical conditions to use employee’s restrooms. The VRF has opposed this bill because of the security risk of allowing customers in stockrooms and other non-public areas.

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Health Care, new option for small business

HB 504 has now passed the House Commerce and Labor Committee and will be heard by the House this week. The bill authorizes insurers to offer individual or group exclusive provider policies or contracts, which are insurance policies or contracts that condition the payment of benefits on the use of preferred providers. The insurer is required to provide an option in group contracts whereby each enrollee may, at no additional cost to the group contract holder, select a benefit for preferred and non-preferred providers. Exclusive provider policies or contracts (i) may not restrict payment for covered services provided by non-preferred providers as required under regulations applicable to managed care health insurance plan licensees and (ii) shall provide out-of-network emergency services at the minimum level required by the preferred provider policy or contract

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Clean Indoor Act

All House legislation dealing with Smoking bans will be heard in Sub Committee as early as the third week. The Senate will likely pass legislation that will ban smoking in all public places.

The VRF’s legislative policy provides that a business owner should determine if their establishment will be smoking or non smoking.

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School Calendar, allowing schools to open prior to Labor Day

Delegate Fralin introduced HB 255 that would allow schools to open prior to Labor Day. The VRF opposes the bill because many retailers rely on the employment of school age employees during the busy summer season. Hospitality retailers have found the Labor Day weekend to be one of the busiest weekends of the year.

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