The Retail EmployerGeneral Assembly 2008—Week #3

HB 11 - Albo - Constitutional amendment; exempts certain homeowners from taxation (voter referendum).

(H) Committee on Privileges and Elections

(S) Committee on Privileges and Elections

(S) Referred to Committee on Privileges and Elections

01/31/08

notes: HB 6 has been rolled into this bill. The VRF opposes any legislation that MAY lead to higher Realestate rates for commerial property owners. The RMA has surveyed surrounding counties and all oppose this constitutional amendment. The Cities of Richmond and Norfolk will support

Provides for a referendum at the November 2009 election on approval of a proposed constitutional amendment relating to property tax exemptions. The proposed amendment authorizes the General Assembly to enact legislation that will allow localities by ordinance to exempt or partially exempt from real property taxes, or defer real property taxes on, up to 20 percent of the value of residential or farm property that is the owner-occupant's primary dwelling and lived in continuously. If approved by the voters, the amendment will take effect January 1, 2010.

HB 41 - Scott, J.M. - Motor fuels tax; modifies rates of taxation thereof.

(H) Committee on Finance

(H) Assigned Finance sub: 2

01/15/08

notes: Modifies the rates of taxation on motor fuels to be the greater of (i) the current specific cents-per-gallon rates or (ii) percentage rates, 7.7 percent for gasoline and gasohol, and 6.8 percent for diesel. The percentage rates would be applied against the average price per gallon of the fuel, less federal and state taxes, as determined by the Commissioner of the Division of Motor Vehicles over rolling six-month periods

HB 56 - Lingamfelter - Retail Sales and Use Tax exemption; certain energy-efficient products.

(H) Committee on Finance

(H) Assigned Finance sub: 1

01/15/08

notes: The VRF supports the expansion of the energy - efficient sales tax holiday, however this bill must be amended to include the ability for all retailers to participate by absorbing the tax for the consumer on non exempt items. This legislation does not include the absorption language at this time.

The legislation expands the time frame for the sales and use tax exemption for certain energy-efficient products to include a four-day period in April, in addition to the current four-day period in October. The bill has a sunset date of July 1, 2012

HB 159 - Albo - Stolen property; necessary proof of knowledge.

(H) Committee on Appropriations

(H) Assigned App. sub: Public Safety (Sherwood)

02/05/08

notes: The legislation provides that if a law-enforcement officer tells a person in possession of stolen property that the property is stolen, the person shall be charged with the knowledge that the property is stolen.

HB 160 - Albo - Larceny; punishment for using emergency exit to exit premises.

(H) Committee on Appropriations

(H) Committee substitute printed 080823404-H1

02/05/08

notes: The legislation provides that when a person is convicted of larceny and it is found at trial that, in the commission of the offense, he used an exit door erected and maintained to comply with the requirements of 29 C.F.R. § 1910 Subpart E, or any other exit designated for use as an emergency exit to exit the premises of a store, he is guilty of a Class 6 felony.

HB 194 - Orrock - Retail Sales and Use Tax; absorption and payment by seller.

(H) Committee on Finance

(H) Assigned Finance sub: 1

01/15/08

notes: The legislation permits any seller not to collect sales and use tax from the purchaser, and to absorb such tax himself. A dealer electing to absorb such taxes shall be liable for payment of such taxes to the Tax Commissioner in the same manner as he is for tax collected from a purchaser.

HB 215 - Alexander - Real estate tax; classification of residential property.

(H) Committee on Finance

(H) Assigned Finance sub: 1

01/15/08

notes: The VRF opposes this legislation. If passed this legislation COULD cause commerial property rates to increase to make up for the loss revenue caused when residential rates are lowered.

The legislation permits localities to tax residential property at a lower tax rate than that imposed on the general class of real property by creating a separate classification for taxation purposes. If a locality imposes a lower tax rate on residential property, then thereafter the locality shall not increase the rate of taxation on the general class of real property.

HB 255 - Fralin - School calendar; local school boards responsible for setting.

(H) Committee on Education

(H) Referred to Committee on Education

01/02/08

notes: The VRF opposes this legislation. Hospitality retailer and retailers in general depend on school age employees to fill summer jobs. Labor Day weekend continues to be one of the largest travel and shoping weekends of the summer

This legislation permits localities to tax residential property at a lower tax rate than that imposed on the general class of real property by creating a separate classification for taxation purposes. If a locality imposes a lower tax rate on residential property, then thereafter the locality shall not increase the rate of taxation on the general class of real property.

HB 263 - Ware, O. - Retail Sales and Use Tax; exemptions include computers and computer-related equipment thereto.

(H) Committee on Finance

(H) Incorporated by Finance (HB57-Lingamfelter)

02/04/08

notes: Adds computers and related equipment costing no more than $1,500 to the list of property exempt from tax during the school supplies sales and use tax holiday, beginning in 2008.

HB 266 - Albo - Mixed beverage restaurant licensees; liquor sale calculations.

(H) Committee on General Laws

(H) Assigned GL sub: ABC/Gaming

01/16/08

notes: The bill requires the Alcoholic Beverage Control Board to establish a system defining a uniform mixed beverage sale price based on volume of spirits sold. Such uniform sale price shall be used solely for the purposes of calculating gross receipts for mixed beverage restaurant licensees pursuant to § 4.1-210.

HB 275 - Watts - Motor fuel tax; rate increase.

(H) Committee on Rules

(H) Referred to Committee on Rules

01/02/08

notes: The legislation increases the tax on gasoline, diesel fuel, and alternative fuel by $0.10 per gallon; increases the motor carrier road tax by an equivalent of $0.10 per gallon of fuel used in the Commonwealth. All motor fuels taxes will be indexed every two years beginning July 1, 2009, by an amount equal to the percentage change in the U.S. Department of Labor's Producer Price Index for Highway and Street Construction. The revenue generated is used for transportation purposes as required by existing law.

HB 284 - Toscano - Income tax credit, earned; employers to provide notice to employees.

(H) Committee on Commerce and Labor

(H) Assigned C & L sub: 2

01/14/08

notes: This legislation requires employers to provide oral notice to employees that they may be eligible for the earned income tax credit and to post any notice that may be provided by the Department of Social Services informing all employees that they may be eligible for the earned income tax credit. The measure also establishes a fine for noncompliance, which shall be no less than $100 nor more than $250.

HB 288 - Englin - Indoor Clean Air Act; smoking in restaurants.

(H) Committee on General Laws

(H) Assigned GL sub: ABC/Gaming

01/16/08

notes: This legislation allows localities to adopt ordinances containing standards or provisions relating to smoking in restaurants that meet or exceed those established in the Virginia Indoor Clean Air Act.

HB 318 - Cox - Hospitalization insurance; balance billing by nonparticipating physicians. 

(H) Committee on Commerce and Labor

(H) Assigned C & L sub: 1

01/14/08

notes: This legislation prohibits a physician who does not participate in a health insurance carrier's provider panel from balance billing an enrollee for the difference between his charges and the amount paid by the carrier for covered services performed at a participating hospital, unless the hospitalized enrollee has consented in writing, prior to receiving the services, to the use of the nonparticipating physician.

HB 490 - Amundson - Transportation funding; increases motor fuels tax and repeals certain abusive driver fees.

(H) Committee on Transportation

(H) Referred to Committee on Transportation

01/07/08

notes: This legislation repeals certain abusive driver fees and increases the motor fuels tax rate by $0.015 per gallon from $0.175 to $0.19. The bill further provides for a refund of any abusive driver fees paid, with interest.

HB 500 - Hamilton - Smoke Free Air Act; smoking in public places.

(H) Committee on General Laws

(H) Assigned GL sub: ABC/Gaming

01/16/08

notes: This legislation 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) private clubs, except when being used for functions attended by persons other than members and invited guests; (iii) hotel or motel rooms designated as smoking rooms that are offered for rent to the public; (iv) specialty tobacco stores; (v) tobacco manufacturers; and (vi) private and semiprivate rooms in nursing homes and long-term care facilities. The bill requires the posting of "No Smoking" signs inside and at the entrances of areas where smoking is prohibited. 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. This

HB 504 - Hamilton - Health insurance; insurers to offer individual or group exclusive policies or contracts.

(H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor

(S) Referred to Committee on Commerce and Labor

01/31/08

notes: This bill has passed the House Commerce and Labor Committee. This legislation 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, may select a benefit for preferred and nonpreferred providers.

HB 547 - Nixon - Unemployment compensation; maximum weekly benefit.

(H) Committee on Commerce and Labor

(H) Referred to Committee on Commerce and Labor

01/07/08

notes: This legislation increases the wages an employee must have earned in the two highest earnings quarters of his base period in order to be eligible for unemployment benefits from $2,700 to $3,000. The measure also increases the maximum weekly unemployment compensation benefit from $363 to $378 for claims effective on or after July 6, 2008.

HB 548 - Nixon - Alcoholic mixed beverages; holder of license to sell and serve dessert wine.

(H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services

(S) Referred to Committee on Rehabilitation and Social Services

02/04/08

notes: This legislation allows the holder of a limited mixed beverage restaurant license to sell and serve wine and beer as a privilege of the license.

HB 572 - Howell, A.T. - Smoke Free Air Act; smoking in public places.

(H) Committee on General Laws

(H) Assigned GL sub: ABC/Gaming

01/16/08

notes: This bill is the same as HB500, patroned by Del. Hamilton.

HB 579 - Cosgrove - Retail Sales and Use Tax; exemptions include compensation to dealers.

(H) Committee on Finance

(H) Assigned Finance sub: 1

01/24/08

notes: This legislation modifies the current formula that compensates dealers with a percentage of the sales and use tax they collect by including the local sales and use tax collected in the Northern Virginia Transportation District and the Hampton Roads Transportation District on motor vehicle repair services.

HB 593 - Hamilton - VirginiaShare Health Insurance Program; established, report.

(H) Committee on Appropriations

(H) Assigned App. sub: Health & Human Resources (Hamilton)

01/15/08

notes: This legislation establishes the VirginiaShare Health Insurance Program, to provide health insurance premium assistance to allow eligible low-income working individuals to purchase health insurance coverage through a certified VaShare Health Insurance Policy. The program will pay one-third of the total monthly premium for eligible individuals, up to $75, with the remaining amount to be paid by the individual's small employer and the individual. Eligible individuals must (i) be residents of Virginia; (ii) have an income that is at or below 200 percent of the federal poverty level; (iii) have not been insured or had the offer of insurance within six months prior to enrollment in the Program; (iv) be ineligible for medical assistance benefits pursuant to Title XIX of the Social Security Act, as amended, or benefits pursuant to Title XXI of the Social Security Act, as amended; (v) be employed by a qualified small employer; and (vi) work at least 30 hours per week for the qualified small employer.

HB 611 - Poisson - Alcoholic beverage control; privatization of ABC stores, report.

(H) Committee on General Laws

(H) Assigned GL sub: ABC/Gaming

01/16/08

notes: This legislation provides for the issuance of a "package store" license to authorize the retail sale of alcoholic beverages for off-premises consumption. The bill also requires the ABC Board to dispose of all real estate used as ABC stores, and to terminate leased property upon which the ABC Board has operated a government store. The bill requires the ABC Board to complete an implementation study by December 31, 2008, on how it will privatize government stores. The bill has a delayed effective date of January 1, 2009, to achieve full retail privatization of government stores. The bill provides that persons holding a retail off-premises wine and beer license are eligible to obtain a package store license. The bill contains numerous technical amendments.

HB 647 - Hogan - Energy production; renewable and alternative tax credit.

(H) Committee on Finance

(H) Incorporated by Finance (HB139-Peace)

02/04/08

notes: This legislation provides a tax credit for taxable years beginning on or after January 1, 2009, to the owners of a commercial facility in Virginia in the amount of $0.001 per kWh, or its equivalent, of renewable or alternative energy produced in a taxable year.

HB 686 - Englin - Retail Sales and Use Tax; exemptions include Energy Star-rated fluorescent light bulbs.

(H) Committee on Finance

(H) Assigned Finance sub: 1

01/15/08

notes: This legislation exempts from sales and use tax Energy Star-rated fluorescent light bulbs. The bill sunsets on July 1, 2013

HB 694 - Armstrong - Alcoholic beverage control; wine and beer tastings by gourmet shop licensees

(H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services

(S) Referred to Committee on Rehabilitation and Social Services

02/04/08

notes: This legislation allows gourmet shop licensees to sell or give samples of wine or beer at tastings sponsored by the licensee for its customers for on-premises consumption. Additionally, with the consent of the licensee, farm wineries, wineries, and breweries may participate in tastings held by licensees authorized to conduct tastings, including the pouring of samples to any person to whom alcoholic beverages may be lawfully sold

HB 733 - Caputo - Restroom Access Act; created.

(H) Committee on Commerce and Labor

(H) Referred to Committee on Commerce and Labor

01/08/08

notes: This legislation requires a retail establishment that has a toilet facility for its employees to allow a customer to use that facility during normal business hours if the following conditions are met: (1) the customer requesting the use of the employee toilet facility suffers from an eligible medical condition or utilizes an ostomy device; (2) three or more employees of the retail establishment are working at the time the request is made; (3) the retail establishment does not normally make a restroom available to the public; (4) the employee toilet facility is not located in an area where providing access would create an obvious health or safety risk to the customer; and (5) a public restroom is not immediately accessible to the customer. The bill also provides that a retail establishment is not required to make any physical changes to an employee toilet facility. Creates a penalty of not more than $100 for a violation of the Act.

HB 744 - Caputo - Income tax, state; deduction for energy-efficient equipment.

(H) Committee on Finance

(H) Assigned Finance sub: 2

01/15/08

notes: This legislation provides an income tax deduction for taxable years beginning on or after January 1, 2008, to individuals who purchase energy-efficient equipment used for heating, cooling, and providing electricity to their residences. The amount of the deduction equals 50% of such equipment expenditures, but not more than $7,500 total.

HB 758 - Poindexter - Retail Sales and Use Tax; exemptions include computers and related equipment.

(H) Committee on Finance

(H) Incorporated by Finance (HB57-Lingamfelter)

02/04/08

notes: This legislation adds computers and related equipment to the list of property exempt from tax during the school supplies sales and use tax holiday, beginning in 2008.

HB 794 - Englin - Retail Sales and Use Tax; Energy Star sales tax holiday.

(H) Committee on Finance

(H) Continued to 2009 in Finance

02/04/08

notes: This legislation removes the "purchased for noncommercial home or personal use" limitation from the Energy Star sales tax holiday beginning in 2008.

HB 795 - Englin - Retail Sales and Use Tax; exemptions include WaterSense qualified products.

(H) Committee on Finance

(H) Incorporated by Finance (HB1229-Vanderhye)

02/04/08

notes: This legislation adds WaterSense qualified products to the items that qualify for the exemption provided during the Energy Star sales tax holiday.

HB 807 - Englin - Health insurance pools; technical assistance for small businesses.

(H) Committee on General Laws

(H) Assigned GL sub: Housing

01/17/08

notes: This legislation requires the Secretary of Health and Human Resources to create the position of Small Business Health Insurance Advisor to assist small businesses in forming health insurance pools, as authorized by state and federal law.

HB 821 - Morgan - Smoke Free Air Act; smoking in public places.

(H) Committee on General Laws

(H) Assigned GL sub: ABC/Gaming

01/16/08

notes: This legislation is the same as HB 500 patroned by Del. Hamilton.

HB 859 - Ebbin - Gift certificates; prohibited practices.

(H) Committee on Commerce and Labor

(H) Referred to Committee on Commerce and Labor

01/08/08

notes: This legislation prohibits the issuer of a gift certificate from (i) charging, within the 12 months following the date of its issuance, a maintenance fee or inactivity fee on a gift certificate or (ii) issuing a gift certificate that, within the 24 months following the date of its issuance, automatically expires, diminishes in value, or otherwise becomes unredeemable. Merchants issuing gift certificates with a permissible maintenance fee or inactivity fee are required to disclose to the purchaser the terms pertaining to such a fee. If a gift certificate is issued with an expiration date or other time limit on its redemption, the issuer is required to provide a statement thereof. The required disclosures shall be provided prior to the completion of the certificate's purchase. Required information may be imprinted on the packaging material attached to the certificate at the time of sale. The definition of a gift certificate is expanded to include any record that contains a microprocessor chip, magnetic strip, or other storage medium that is prefunded and for which the value is adjusted upon each use.

HB 898 - Scott, J.M. - Retail Sales and Use Tax; Exemptions include additional one-half percent authorized for localities.

(H) Committee on Finance

(H) Assigned Finance sub: 3

01/15/08

notes: This legislation permits any locality to impose an additional one-half percent sales and use tax provided that all revenue generated from the additional tax is used solely for public educational purposes.

HB 986 - Nutter - Income tax, state; tax credit for health insurance premiums paid by small business employers.

(H) Committee on Finance

(H) Assigned Finance sub: 3

01/15/08

notes: Provides a tax credit for taxable years beginning on or after January 1, 2008, to employers who pay at least one-half of the annual health insurance premium per employee. The amount of the credit is the lesser of $500 or the amount paid per employee. The total amount of credits available to each employer annually is limited to $25,000. The credits are available to employers with 50 or fewer full-time employees.

HB 1038 - Jones, D.C. - Minimum wage law; enforcement.

(H) Committee on Commerce and Labor

(H) Referred to Committee on Commerce and Labor

01/08/08

notes: This legislation provides increased penalties for whoever knowingly and intentionally violates any provisions of this article shall be punished by a fine of not less than $10 nor more than $200 is guilty of a Class 1 misdemeanor if the value of the wages earned and not paid by the employer is less than $10,000 and is guilty of a Class 6 felony if the value of the wages earned and not paid is $10,000 or more or, regardless of the value of the wages earned and not paid, if the conviction is a second or subsequent conviction under this section.

HB 1047 - Watts - Illegal immigrants; document verification for employment.

(H) Committee on Rules

(H) Referred to Committee on Rules

01/09/08

notes: Provides that each day of continued unlawful employment of an alien worker, each alien who cannot provide documents indicating that he is legally eligible for employment in the United States, or of false representation that an alien worker has documentation indicating that he is legally eligible for employment in the United States constitutes a separate civil offense punishable by a $100 civil penalty. The measure also (i) makes it a Class 1 misdemeanor to falsely represent that an alien worker has documentation indicating that he is legally eligible for employment and (ii) amends the existing prohibition on employing such aliens to provide that it is unlawful to continue employing such person who cannot provide the required documentation of eligibility.

HB 1063 - Brink - Indoor Clean Air Act; smoking in restaurants in Northern Virginia.

(H) Committee on General Laws

(H) Assigned GL sub: ABC/Gaming

01/17/08

notes: Allows localities in Northern Virginia to adopt concurrent ordinances containing standards or provisions relating to smoking in restaurants which exceed those established in the Virginia Indoor Clean Air Act.

HB 1075 - Suit - Alcoholic beverage control; powers and duties of the Alcoholic Beverage Control Board.

(H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services

(S) Referred to Committee on Rehabilitation and Social Services

02/04/08

notes: HB 862 and HB 1269 have been rolled inot HB 1075. Requires the ABC Board to adopt regulations allowing an on-premises licensee to reduce the length of any suspension or reduce the amount of any civil penalty if the licensee can demonstrate that it provided certified alcohol server training, including the Serve Safe Alcohol training through the National Restaurant Association, to its employees.

HB 1105 - Bouchard - Outdoor advertising; local governments ability to limit or remove signs..

(H) Committee on Transportation

(H) Assigned Transportation sub: 1

01/18/08

notes: Gives local governments increased ability to limit or remove nonconforming billboard signs.

HB 1120 - Purkey - Retail Sales and Use Tax; exemptions include compensation to dealers.

(H) Committee on Finance

(H) Assigned Finance sub: 1

01/24/08

notes: Modifies the current formula that compensates dealers with a percentage of the sales and use tax they collect by including the local sales and use tax collected in the Northern Virginia Transportation District and the Hampton Roads Transportation District on motor vehicle repair services.

HB 1153 - Phillips - Electric utilities; notice of rate increase. 

(H) Committee on Commerce and Labor

(H) Assigned C & L sub: 3 Energy

01/25/08

notes: Requires electric utilities to give 90 days' written notice of any rate increase.

HB 1192 - Moran - Child Toy Safety Act of 2008; penalty for failure to remove recalled goods, report.

(H) Committee for Courts of Justice

(H) Assigned Courts sub: Civil

01/16/08

notes: Provides that any person who continues to offer any child's product for retail sale when more than 14 days have elapsed following receipt of an announcement by the United States Consumer Products Safety Commission that the product has been recalled shall be assessed a civil penalty of $1,000 for each day the product continues to be offered for sale. The bill also requires several state agencies to enforce federal recalls of unsafe toys and develop standards and regulations to keep unsafe toys out of child daycare facilities.

HB 1199 - Valentine - Wines; ABC Board to sell in stores magazines, etc. whose purpose is to educate consumers.

(H) Committee on General Laws

(H) Assigned GL sub: ABC/Gaming

01/17/08

notes: Authorizes the ABC Board to sell in government stores magazines or other publications whose principal purpose is to feature and educate the consuming public about the wine industry.

HB 1229 - Vanderhye - Retail Sales and Use Tax; exemptions include WaterSense products, etc.

(H) Committee on Finance

(H) Reported from Finance with substitute (20-Y 1-N)

02/04/08

notes: Adds WaterSense products and additional Energy Star products to the Energy Star products sales tax exemption and a second four-day period when certain such products are exempt from the sales and use tax. Currently, the Energy Star products tax holiday is during the month of October and this legislation places the second one in April. It also exempts such products that are purchased for business use, not just personal use

HB 1239 - Saxman - Gourmet shop licenses; licensee shall maintain certain amount of cheeses and gourmet food monthly.

(H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services

(S) Referred to Committee on Rehabilitation and Social Services

02/04/08

notes: Exempts certain gourmet shop licenses from compliance with monthly food sale requirement established by the Board of regulations.

HB 1253 - Marsden - Smoking; prohibited in restaurants.

(H) Committee on General Laws

(H) Assigned GL sub: ABC/Gaming

01/17/08

notes: Prohibits smoking in restaurants.

HB 1266 - Hull - Motor fuel tax; rate increase.

(H) Committee on Finance

(H) Reported from Finance (2-Y 16-N)

02/04/08

notes: Increases the tax on gasoline, diesel fuel, and alternative fuel by $0.055 per gallon; increases the motor carrier road tax by an equivalent of $0.055 per gallon of fuel used in the Commonwealth; and increases the alternative use fee for certain motor carriers from $100 to $150 (the fee is an alternative to paying the motor carrier road tax). The revenue generated is used for transportation purposes as required by existing law.

HB 1298 - Frederick - Illegal immigrants; grounds for disciplinary action for employment thereof.

(H) Committee on Rules

(H) Referred to Committee on Rules

01/09/08

notes: The bill also requires all private employers to obtain employment eligibility verification documentation as specified in Form I-9 indicating that a prospective employee is legally eligible for employment in the United States. In addition to criminal penalties for employing illegal immigrants, the bill provides for the civil penalty of $10,000 for each individual employed. In addition, the bill grants local commissioners of the revenue the power to deny or revoke business licenses of persons who (i) is not a United States citizen or legally present in the United States, or (ii) employs other persons who are not United States citizens or legally present in the United States.

HB 1311 - Byron - Credit reports; authorizes consumer to freeze access thereto.

(H) Committee on Commerce and Labor

(H) Communicated to Senate

02/04/08

notes: There were 8 House bills dealing with consumer credit freeze, all bills have now been rolled into HB1311. HB1311 was introduced at the request of the financial industry representatives. It was felt that a bill drafted by industry would satisfy the demand to provide consumer credit freeze and include those tools needed by industry. The bill 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%92s 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, 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.

HB 1341 - Barlow - Indoor Clean Air Act; smoking in restaurants.

(H) Committee on General Laws

(H) Assigned GL sub: ABC/Gaming

01/17/08

notes: Allows localities to adopt ordinances containing standards or provisions relating to smoking in restaurants that meet or exceed those established in the Virginia Indoor Clean Air Act.

HB 1347 - Barlow - Cigarette tax; authorizes any county to impose.

(H) Committee on Finance

(H) Assigned Finance sub: 1

01/17/08

notes: Authorizes any county to impose a local cigarette tax at a rate not to exceed $0.05 per pack or the amount levied under state law, whichever is greater.

HB 1399 - Scott, E.T. - Wineries or farm wineries; permits transfer between those licensed of fresh fruit, etc.

(H) Committee on General Laws

(H) Assigned GL sub: ABC/Gaming

01/17/08

notes: Permits the transfer between licensed wineries or farm wineries of fresh fruit or agricultural products for the purpose of manufacturing, blending, processing, cellaring, or bottling wine. The bill provides that these transfers can occur without a wholesaler and the wine may be sold at retail or wholesale. The bill requires complete and accurate records to be kept of these transfers.

HB 1432 - Howell, A.T. - Indoor Clean Air Act; smoking in restaurants in certain cities.

(H) Committee on General Laws

(H) Assigned GL sub: ABC/Gaming

01/17/08

notes: Allows cities with a population of at least 200,000 to adopt ordinances containing standards or provisions relating to smoking in restaurants that exceed those established in the Virginia Indoor Clean Air Act.

HB 1434 - Hugo - Retail Sales and Use Tax; exemptions include Energy Star-rated light bulbs.

(H) Committee on Finance

(H) Assigned Finance sub: 1

01/17/08

notes: Exempts from sales and use tax Energy Star-rated light bulbs.

HB 1450 - Bowling - Food and beverages tax; allows any county to impose.

(H) Committee on Finance

(H) Assigned Finance sub: 1

01/18/08

notes: Allows any county to impose a levy on food and beverages provided there is a public hearing and the local governing body passes an ordinance that dedicates the revenues raised by the tax to public school construction and renovation in the county.

HB 1453 - Nutter - Transient occupancy tax; allows all 34 counties listed in statute to impose.

(H) Committee on Finance

(H) Reported from Finance with amendments (15-Y 7-N)

02/04/08

notes: Allows all 34 counties listed in the statute to impose up to a five percent transient occupancy tax with any excess over two percent to be designated and spent solely for tourism, marketing of tourism, or initiatives that, as determined after consulting the local tourism industry organizations, attract travelers to the locality. Under current law, 15 of the counties were not required to consult with local tourism industry organizations

HB 1511 - May - Changeable electronic variable message signs; imposes a moratorium on erection of advertisements.

(H) Committee on Transportation

(H) Assigned Transportation sub: 1

01/25/08

notes: Imposes a moratorium on the erection or conversion of advertisements and advertising structures into changeable electronic variable message signs.

HB 1534 - Barlow - Plastic carryout bags; retail merchant not to provide unless durable.

(H) Committee on Counties, Cities and Towns

(H) Referred to Committee on Counties, Cities and Towns

01/18/08

notes: Authorizes a locality to provide that a retail merchant located within its jurisdiction shall not provide to any of its customers at the point of sale any plastic carryout bag in which a product or products purchased by any such customer from such store is placed unless such plastic carryout bag is a durable plastic bag, with handles, that is at least 2.25 mils thick and is specifically designed and manufactured for multiple reuse

HB 1534 - Barlow - Plastic carryout bags; retail merchant not to provide unless durable.

(H) Committee on Counties, Cities and Towns

(H) Referred to Committee on Counties, Cities and Towns

01/18/08

notes: Authorizes a locality to provide that a retail merchant located within its jurisdiction shall not provide to any of its customers at the point of sale any plastic carryout bag in which a product or products purchased by any such customer from such store is placed unless such plastic carryout bag is a durable plastic bag, with handles, that is at least 2.25 mils thick and is specifically designed and manufactured for multiple reuse

HB 1544 - Gilbert - Concealed handguns; prohibits person from carrying into a restaurant.

(H) Committee on Militia, Police and Public Safety

(H) Referred to Committee on Militia, Police and Public Safety

01/29/08

notes: Prohibits a person who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises.

HB 1545 - Alexander - Consumer Protection Act; advertising at price after rebate. 

(H) Committee on Commerce and Labor

(H) Referred to Committee on Commerce and Labor

01/18/08

notes: Makes it a prohibited practice under the Virginia Consumer Protection Act to advertise goods for sale in manner that would lead a reasonable person to conclude that the price of the goods is the ultimate price paid by the purchaser after the purchaser redeems the manufacturer's rebate offered for the advertised goods. The practice would not be prohibited if the supplier provides the amount of the manufacturer's rebate to the purchaser at the time of purchase.

HB 1549 - Cosgrove - Glass containers; on-premises licensees required to recycle.

(H) Committee on General Laws

(H) Referred to Committee on General Laws

01/18/08

notes: Requires all "on-premises" licensees of the Virginia Alcoholic Beverage Control Board to recycle their glass containers, if the locality in which they are located is within 50 miles of a recycling center. A $50 civil penalty is assessed on anyone who violates this requirement.

HB 1560 - Lingamfelter - Real estate taxes; requires localities to permit real property owners to defer portion thereof.

(H) Committee on Finance

(H) Assigned Finance sub: 1

01/22/08

notes: Requires localities to permit real property owners to defer that portion of real estate taxes that exceed 105 percent of the previous year's tax.

HB 1561 - Lingamfelter - Local license tax; exemption for new businesses.

(H) Committee on Finance

(H) Assigned Finance sub: 2

01/22/08

notes: Permits any locality to provide an exemption from local license taxes, to any business that has not previously been licensed in the locality, for the first five years that the business operates in the locality.

HB 1562 - Scott, J.M. - Alcoholic beverage control; allows transfer of ABC license upon application by bona fide purchaser.

(H) Committee on General Laws

(H) Assigned GL sub: ABC/Gaming

01/24/08

notes: Allows for the transfer of an ABC license upon application by a bona fide purchaser of a licensed premises under certain conditions. Bona fide purchasers whose license transfer application is granted by the Board shall, at the time for renewal of the license, meet all of the requirements for initial licensure. The bill provides that the ABC Board may not grant a license transfer to an applicant against whom there is pending in the courts or before the Board a charge for violation of the provisions of this title or Board regulations. Additionally, the Board may refuse to grant a license transfer for such causes as are specified in § 4.1-222

HJ 4 - Albo - Constitutional amendment; exempts certain homeowners from taxation (second reference).

(H) Committee on Privileges and Elections

(S) Committee on Privileges and Elections

(S) Referred to Committee on Privileges and Elections

01/30/08

notes: HJ 3 has now been rolled into HJ4. Oppose, The VRF opposes any legislation that MAY lead to higher Realestate rates for commerial property owners. The RMA has surveyed surrounding counties and all oppose this constitutional amendment. The Cities of Richmond and Norfolk will support

HJ 111 - Englin - Dillon Rule; joint subcommittee to study.

(H) Committee on Rules

(H) Referred to Committee on Rules

01/08/08

notes: Creates an 11-member joint subcommittee for a two-year study of the Dillon Rule and its impact on Virginia's localities

HJ 169 - Barlow - Plastic bags; Department of Environmental Quality to study policies to mitigate negative effects.

(H) Committee on Rules

(H) Referred to Committee on Rules

01/09/08

notes: Requests the Department of Environmental Quality to convene stakeholders meetings to discuss and report on potential legislative actions that would mitigate the negative effects of improperly disposed of plastic bags on the Commonwealth's environment. Stakeholders shall include representatives of agriculture, conservation, local government, manufacturing, plastics industry, timber industry, and retailers. In the selection of feasible policies, the stakeholders shall review existing policies and programs adopted in the United States and other countries

SB 2 - Puller - Retail Sales and Use Tax; eliminates exemption for certain fuels.

(S) Committee on Finance

(S) Referred to Committee on Finance

11/21/07

notes: Extends the retail sales and use tax to fuels sales. The revenue generated by the four percent state retail sales tax on fuels would be deposited into the Transportation Trust Fund. The revenue generated by the one percent local retail sales tax on fuels would be used by the respective county or city solely for transportation purposes.

SB 93 - Reynolds - Electric Utility Restructuring Act; repeals certain provisions.

(S) Committee on Commerce and Labor

(S) Left in Commerce and Labor

02/04/08

notes: The VRF will monitor this legislation.

SB 95 - Reynolds - Pyramid promotional schemes; definition thereof, penalty.

(S) Committee for Courts of Justice

(S) Assigned Courts sub: Criminal

01/10/08

SB 272 - Deeds - Food establishments; inspection of preparation, exception for private homes.

(S) Committee on Agriculture, Conservation and Natural Resources

(S) Substitute bill reprinted 083276220-S1

02/05/08

notes: Exempts food preparations in private homes from inspections by the Department of Agriculture and Consumer Services if the food: (i) is sold to an individual for his own consumption; (ii) carries the label "NOT FOR RESALE%97PROCESSED AND PREPARED WITHOUT STATE INSPECTION"; and (iii) does not require a license for production or sale.

SB 280 - Miller, J.C. - Retail Sales and Use Tax; exemptions include EnergyStar-rated fluorescent light bulbs.

(S) Committee on Finance

(S) Referred to Committee on Finance

01/08/08

notes: Exempts from sales and use tax Energy Star-rated light bulbs.

SB 298 - Whipple - Smoke Free Air Act; smoking in public places.

(S) Committee on Education and Health

(S) Printed as engrossed 084068352-E

02/04/08

notes: 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.

SB 325 - Wagner - Credit reports; authorizes armed services members and spouses to freeze.

(S) Committee on Commerce and Labor

(S) Assigned C&L sub: Financial Institutions & Insurance

01/29/08

notes: Authorizes Virginia-domiciled members of the armed services who are deployed to another country and their spouses to freeze access to their credit reports.

SB 347 - Blevins - Smoking; prohibited in restaurants in City of Chesapeake.

(S) Committee on Education and Health

(S) Engrossed by Senate - committee substitute SB347S1

02/04/08

notes: This legislation prohibits smoking in restaurants in the City of Chesapeake.

SB 364 - Watkins - Bad checks; attorneys for State to establish programs that allow persons to avoid prosecution.

(S) Committee for Courts of Justice

(S) Read second time and engrossed

02/04/08

notes: This legislation authorizes attorneys for the Commonwealth to establish programs that allow persons who write bad checks to avoid prosecution if they pay full restitution to the victim, attend an educational program, and pay all fines and costs.

SB 461 - Whipple - Credit reports; authorizes armed services members and spouses to freeze.

(S) Committee on Commerce and Labor

(S) Assigned C&L sub: Financial Institutions & Insurance

01/29/08

notes: Authorizes Virginia-domiciled members of the armed services or National Guard and their spouses to freeze access to their credit reports. 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%92s express authorization. The measure provides a means by which the service member or spouse can release his report, permanently, temporarily, or to a specific third party. A consumer reporting agency may charge a fee of no more than $5 for establishing a freeze, removing a freeze, or temporarily lifting a freeze. Violations are a prohibited practice under the Consumer Protection Act.

SB 476 - Hanger - Concealed handguns; prohibits person from carrying into a restaurant.

(S) Committee for Courts of Justice

(S) Referred to Committee for Courts of Justice

01/09/08

notes: Prohibits a person who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises.

SB 496 - Northam - Real property tax; exemptions and deferrals for certain residential or farm property.

(S) Committee on Finance

(S) Passed by for the day

02/04/08

notes: Authorizes local governing bodies to exempt, partially exempt, or defer the taxation of real property of up to 20 percent of the assessed value or the assessment for real property that is residential or farm property designed for continuous habitation and occupied as the primary dwelling of the individual owners. The bill is contingent on a constitutional amendment authorizing the exemption.

SB 501 - Locke - Indoor Clean Air Act; prohibits smoking in any food establishment in State.

(S) Committee on Education and Health

(S) Engrossed by Senate - committee substitute SB501S1

02/04/08

notes: Adds a prohibition against smoking in any food establishment in the Commonwealth and provides heightened penalties for violation. The bill defines food establishment. The bill contains numerous technical amendments, including reorganizing the Act into articles as follows: general provisions (article 1), statewide regulation (article 2), and local regulation (article 3). The bill moves the Act from Title 15.2 to Title 32.1.

SB 576 - Saslaw - Credit reports; authorizes consumer to freeze access thereto.

(S) Committee on Commerce and Labor

(S) Assigned C&L sub: Financial Institutions & Insurance

01/29/08

notes: 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%92s 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, 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.

SB 604 - Stolle - Secondhand dealers; regulation thereof to current statutes regulating pawnbrokers.

(S) Committee on General Laws and Technology

(S) Communicated to House

01/29/08

notes: Adds the regulation of secondhand dealers to current statutes regulating pawnbrokers. The bill also (i) requires secondhand dealers to prepare a daily report of goods and items sold to them, (ii) requires a pawnbroker to maintain records of each loan or transaction in the course of business for a period of one year, (iii) authorizes the chief law-enforcement officer of a locality to designate alternative means of submitting required daily reports, and (iv) adds secondhand dealers to the existing penalty provisions for pawnbrokers.

SB 618 - Stolle - Petit larceny; person who is convicted for second time must undergo substance abuse screening.

(S) Committee for Courts of Justice

(S) Assigned Courts sub: Criminal

01/14/08

notes: Provides that a person who is convicted for the second time of petit larceny must undergo substance abuse screening as part of the sentence if the sentence includes probation supervision by a community-based probation services agency.

SB 635 - Ticer - Alcoholic beverage control; alcohol content in prepared foods.

(S) Committee on Rehabilitation and Social Services

(S) Communicated to House

01/30/08

notes: Prohibits the Alcoholic Beverage Control Board from prohibiting an on-premises restaurant licensee from using alcoholic beverages that the licensee otherwise is authorized to purchase and possess for the purposes of preparing and selling for on-premises consumption food products with a final alcohol content of more than one-half of one percent by volume, as long as such food products are sold and consumed by persons who are 21 years of age or older.

SB 711 - Quayle - Plastic carryout bags; retail merchant shall provide durable plastic bag, with handles, etc.

(S) Committee on Local Government

(S) Referred to Committee on Local Government

01/16/08

notes: Authorizes a locality to provide that a retail merchant located within its jurisdiction shall not provide to any of its customers at the point of sale any plastic carryout bag in which a product or products purchased by any such customer from such store is placed unless such plastic carryout bag is a durable plastic bag, with handles, that is at least 2.25 mils thick and is specifically designed and manufactured for multiple reuse.

SB 713 - Saslaw - Motor fuels taxes; rate increase.

(S) Committee on Finance

(S) Referred to Committee on Finance

01/17/08

notes: Increases the state motor fuels tax rate by $0.05 per gallon in increments of $0.01 per gallon in each of the next five fiscal years with the revenues deposited to the Highway Maintenance and Operating Fund.

SB 714 - Howell - Petroleum products franchises; rights of leasing franchisor.

(S) Committee on Commerce and Labor

(S) Referred to Committee on Commerce and Labor

01/17/08

notes: This legislation prohibits a franchisor that owns a marketing premises that it leases to a petroleum products dealer or owns a leasehold interest in premises that are occupied by a dealer from selling, transferring, or assigning the franchisor%92s interest in the premises to another person unless the franchisor has first either (i) made a bona fide offer to sell, transfer, or assign to the dealer the franchisor%92s interest in the premises or (ii) if applicable, offered to the dealer a right of first refusal of any bona fide offer acceptable to the franchisor made by another person or party to purchase the franchisor%92s interest in the premises.

SJ 6 - Whipple - Constitutional amendment; exempts certain homeowners from taxation (second reference).

(S) Committee on Finance

(S) Rereferred to Finance

01/29/08

notes: Oppose, The VRF opposes any legislation that MAY lead to higher Realestate rates for commerial property owners. The RMA has surveyed surrounding counties and all oppose this constitutional amendment. The Cities of Richmond and Norfolk will support

HB 4 - Tata - Credit reports; authorizes consumer to freeze access thereto.

(H) Committee on Commerce and Labor

(H) Incorporated by Commerce and Labor (HB1311-Byron)

01/29/08

HB 16 - Ware, R.L. - Credit reports; authorizes an individual to freeze access thereto.

(H) Committee on Commerce and Labor

(H) Incorporated by Commerce and Labor (HB1311-Byron)

01/29/08

HB 35 - Oder - Credit reports; authorizes consumer to freeze access thereto.

(H) Committee on Commerce and Labor

(H) Incorporated by Commerce and Labor (HB1311-Byron)

01/29/08

HB 345 - Plum - Credit reports; authorizes an individual to freeze access thereto.

(H) Committee on Commerce and Labor

(H) Incorporated by Commerce and Labor (HB1311-Byron)

01/29/08

HB 607 - Eisenberg - Credit reports; authorizes consumer to freeze access thereto.

(H) Committee on Commerce and Labor

(H) Incorporated by Commerce and Labor (HB1311-Byron)

01/29/08

HB 785 - Brink - Credit reports; authorizes consumer to freeze access thereto.

(H) Committee on Commerce and Labor

(H) Incorporated by Commerce and Labor (HB1311-Byron)

01/29/08

HB 862 - Ebbin - Alcoholic beverage control; alcohol content in prepared foods.

(H) Committee on General Laws

(H) Incorporated by General Laws (HB1075-Suit)

01/29/08

HB 897 - Lohr - Credit reports; authorizes consumer to freeze access thereto.

(H) Committee on Commerce and Labor

(H) Incorporated by Commerce and Labor (HB1311-Byron)

01/29/08

HB 1269 - Ebbin - Alcoholic mixed beverages; allows licensee to make sangria.

(H) Committee on General Laws

(H) Incorporated by General Laws (HB1075-Suit)

01/29/08

HB 1339 - Barlow - Credit reports; authorizes consumer to freeze access thereto.

(H) Committee on Commerce and Labor

(H) Incorporated by Commerce and Labor (HB1311-Byron)

01/29/08

HJ 3 - Brink - Constitutional amendment; exempts certain homeowners from taxation (second reference).

(H) Committee on Privileges and Elections

(H) Incorporated by Privileges and Elections (HJ4-Albo)

01/25/08

HB 59 - Frederick - Income tax, state; tax credit for health insurance premiums paid by small business employers.

(H) Committee on Finance

(H) Continued to 2009 in Finance

01/28/08

HB 329 - McClellan - Gift certificates; certain information required for those charged a fee.

(H) Committee on Commerce and Labor

(H) Continued to 2009 in Commerce and Labor

01/24/08

SB 147 - Stosch - Retail Sales and Use Tax; absorption and payment by seller.

(S) Committee on Finance

(S) Continued to 2009 in Finance

01/31/08

SB 294 - Puller - ABC Board; grounds for when may revoke or suspend license.

(S) Committee on Rehabilitation and Social Services

(S) Continued to 2009 in Rehabilitation and Social Services (15-Y 0-N)

01/18/08

SB 323 - Wagner - Alcoholic mixed beverages; restaurant licensee food sale requirement.

(S) Committee on Rehabilitation and Social Services

(S) Continued to 2009 in Rehabilitation and Social Services (15-Y 0-N)

01/25/08

SB 366 - Watkins - Alcoholic beverage control; creates new nonresident winery distributor license.

(S) Committee on Rehabilitation and Social Services

(S) Continued to 2009 in Rehabilitation and Social Services (14-Y 0-N)

02/01/08

HB 385 - Ware, R.L. - Computer invasion of privacy; personal information.

(H) Committee for Courts of Justice

(H) Assigned Courts sub: Criminal

01/10/08

HB 397 - Hamilton - Health maintenance organizations; removes certain limitations on deductibles.

(H) Committee on Commerce and Labor

(H) Read first time

02/04/08

HB 601