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The Retail EmployerGeneral Assembly 2008—Week #4

Committee action sealed the fate on a number of issues during the fourth week and the last full week before crossover. The Virginia Retail Federation lobbyists were successful in their efforts to have a number of issues carried over to be studied during this summer. The VRF's lobbyists will participate in studies relating to increasing the larceny threshold, the banning of plastic bags and setting new requirements for the sale of antiques. If any Retail Merchant Association member would like to participate with us in one of the studies please contact George Peyton at 804-334-2932.

Smoking Ban

There were numerous House and Senate bills that either ban smoking in all public places, ban smoking in restaurants or gave localities the authority to ban smoking by ordinance. All of the bills that originated in the House were “layed on the table” or failed. The Senate passed three bills that deal with smoking prohibition:

SB 298 introduced by Senator Whipple, prohibits smoking indoors in most buildings or enclosed areas frequented by the public.
SB 347 introduced by Senator Blevins, prohibits smoking in restaurants in the City of Chesapeake
SB 501 introduced by Senator Locke, provides a prohibition against smoking in any food establishment in the Commonwealth and provides heightened penalties for violation.

If is felt that the three Senate bills will be “layed on the table” by the House General Laws Committee. This is the same fate as the House versions of the smoking ban bills.

Petit Larceny

SB 618 introduced by Senator Stolle has now passed the Senate and will be heard by the House after crossover. The bill passed by a unanimous vote in the Senate however; it may have a more difficult time in the House. The legislation 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. The VRF supported this legislation, many repeat shoplifters are supporting alcohol and drug habit and if they undergo substance abuse screening, they may break the cycle of shoplifting to support their habits.

Consumer Protection Act; advertising at price after rebate

HB 1545 introduced by Delegate Alexander—The Patron has agreed to carry the bill over for the year. The bill would have made 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.

Restroom Access Act; introduced by Delegate Caputo

This legislation was not being heard during the last committee meeting prior to crossover and will most likely be left in committee, therefore dead for the session. The bill would have required 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. The bill created a penalty of not more than $100 for a violation of the Act. The VRF opposed the bill.

Plastic Bag Ban

HB 1534 introduced by Delegate Barlow and SB 711 introduced by Senator Quayle have been carried over for the session. Both Legislators have requested a study be conducted during the summer, with recommendations to be provided prior to November 30 th, 2008. The Virginia Retail Federation has been asked, by Del. Barlow and Senator Quayle, to participate in the study which will be made up of representatives of all stakeholders that are impacted by the ban on plastic bags. The bill would have authorized 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

Antique, vintage, and collectible items; designating items

HB 628 introduced by Delegate May has been carried over for the session. The Patron has requested the Virginia Retail Federation to work with members that are antique dealers, during the summer, to determine if there is a means of amending the bill with the intent to prevent the sale of counterfeit antiques. The bill would require any person, firm, partnership, association, or corporation engaged in the business of buying or selling antique, vintage, or collectible items to designate such items as being antique, vintage, or collectible when selling or displaying such items for sale. The bill defines antique as any item manufactured or produced more than 100 years ago, vintage as any item manufactured or produced between 50 and 99 years ago, and collectible as any item manufactured or produced less than 50 years ago. The bill provides that a violation of the requirement to properly designate items being sold is a misdemeanor punishable by a fine not to exceed $500. The VRF opposed the bill do to the burden it would place on Antique Dealers.

School calendar; local school boards responsible for setting the beginning day of school

HB 255 introduced by Delegate Fralin was left in committee, failed. 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 shopping weekends of the summer. The bill eliminates the post-Labor day opening requirement and "good cause" scenarios for which the Board of Education might grant waivers to open school prior to Labor Day.

Child Toy Safety Act of 2008; penalty for failure to remove recalled goods

HB 1192 introduced by Delegate Moran was continued until the 2009 session of the General Assembly. The legislation 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 VRF opposed the legislation do to the uncertainty of the language in the bill regarding ‘following receipt’. The VRF will request the Patron amend the bill to require a written notice from the toy manufacturer, distributor or the United States Consumer Products Safety Commission.

Failed: Failed, Stricken or Passed By Bills 08

Bills	Committee	Last action	Date
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 (S) Committee on Commerce and Labor	(S) Referred to Committee on Commerce and Labor	02/07/08
HB 601 - McClellan - Alcoholic beverage control; localities to regulate the sale for off-premises consumption, etc.	(H) Committee on General Laws	(H) Stricken from docket by General Laws	01/29/08
notes: This legislation allows localities by ordinance to regulate or prohibit the sale, for off-premises consumption, of single units of alcoholic beverages from their original multi-unit packaging by the manufacturer.
HB 615 - Amundson - Health insurance; mandated coverage for medically necessary amino acid-based elemental formulas.	(H) Committee on Commerce and Labor	(H) Passed by in Commerce and Labor with letter	01/17/08
notes: This legislation required coverage for medically necessary amino acid-based elemental formulas. Requires health insurers, health care subscription plans, and health maintenance organizations to provide coverage for the provision of medically necessary amino acid-based elemental formulas, regardless of delivery method, for the treatment of Immunoglobulin E and non-Immunoglobulin E mediated allergies to multiple food proteins, food protein-induced enterocolitis syndrome, eosinophilic disorders, and impaired absorption of nutrients caused by disorders affecting the absorptive surface, functional length, and motility of the gastrointestinal tract. Coverage is also required for the diagnosis of such conditions.
HB 1266 - Hull - Motor fuels tax; rate increase.	(H) Committee on Finance	(H) Failed to report (defeated) in 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.
HJ 169 - Barlow - Plastic bags; Department of Environmental Quality to study policies to mitigate negative effects.	(H) Committee on Rules	(H) Stricken from docket by Rules	02/05/08
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 90 - Colgan - Employment; verification of eligibility.	(S) Committee for Courts of Justice	(S) Passed by indefinitely in Courts of Justice (13-Y 2-N)	01/30/08
notes: The VRF opposes this legislation. The E-verify system is flawed and is not a reliable source of checking employees.
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 351 - Reynolds - Grand larceny; threshold amount.	(S) Committee for Courts of Justice	(S) Passed by in Courts of Justice with letter (15-Y 0-N)	01/23/08
notes: Increases from $200 to $500 the threshold amount of money or the value of the goods or chattel that the defendant must take before the crime rises from petit larceny to grand larceny.
SB 711 - Quayle - Plastic carryout bags; retail merchant shall provide durable plastic bag, with handles, etc.	(S) Committee on Local Government	(S) Passed by in Local Government with letter (14-Y 0-N)	02/05/08
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.
SJ 6 - Whipple - Constitutional amendment; exempts certain homeowners from taxation (second reference).	(S) Committee on Finance	(S) Failed to report (defeated) in Finance (8-Y 8-N)	02/07/08
notes: Oppose, The VRF opposes any legislation that MAY lead to higher Real estate rates for commercial property owners. The RMA has surveyed surrounding counties and all oppose this constitutional amendment. The Cities of Richmond and Norfolk will support

Combined: Bills Combined w/Other Legislation 08

Bills	Committee	Last action	Date
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
notes: Oppose, the VRF will support the legislation that will be introduced by the Financial Industry and will be patroned by Del. Byron and Sen. Saslaw. This Bill would authorize 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 violation is a prohibited practice under the Consumer Protection Act.
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
notes: Oppose, the VRF should support the legislation that will be introduced by the Financial Industry and will be patroned by Del. Byron and Sen. Saslaw. This legislation authorizes an individual 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 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
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
notes: Oppose, the VRF will support the legislation that will be introduced by the Financial Industry and will be patroned by Del. Byron and Sen. Saslaw. This legislation 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 may release his report, permanently, temporarily, or to a specific third party. Consumer reporting agencies may charge a consumer up to $5 for each freeze, removal of the freeze, or temporary lift of the freeze; however, no charge shall be assessed to victims of identity theft or to consumers age 65 or older. A violation is a prohibited practice under the Consumer Protection Act.
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 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
notes: The VRF will oppose this legislation and support legislation that will be introduced by the Financial Industry and will be patroned by Del. Byron and Sen. Saslaw. This legislation authorizes an individual 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. Violations are a prohibited practice under the Consumer Protection Act.
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
notes: This legislation 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 consumer reporting agency may charge a fee of no more than $5 for establishing a freeze, removing a freeze, or temporarily lifting a freeze; however, victims of identity theft shall not be charged a fee. Violations are a prohibited practice under the Consumer Protection Act.
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 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 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
notes: This legislation 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 consumer reporting agency may charge a fee of no more than $5 for establishing a freeze or removing a freeze; however, victims of identity theft shall not be charged a fee and a fee shall not be charged for temporarily lifting a freeze. A system shall be in place by September 1, 2008, to allow for a security freeze to be removed or lifted within 15 minutes if a request is received through an electronic contact method. Violations are a prohibited practice under the Consumer Protection Act.
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 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
notes: This legislation 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
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
notes: This legislation 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 may release his report, permanently, temporarily, or to a specific third party. Consumer reporting agencies may not charge a fee for setting up or lifting a freeze. A violation is a prohibited practice under the Consumer Protection Act
HB 1120 - Purkey - Retail Sales and Use Tax; exemptions include compensation to dealers.	(H) Committee on Finance	(H) Incorporated by Finance (HB579-Cosgrove)	02/07/08
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 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
notes: Allows a mixed beverage licensee to make sangria. The bill defines sangria and provides that no mixed beverage licensee is prohibited from pre-mixing containers of sangria to be served and sold in pitchers for consumption on the licensed premises.
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
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's express authorization. The measure provides a means by which a consumer may release his report, permanently, temporarily, or to a specific third party. Consumer reporting agencies may charge a consumer up to $5 for each freeze, removal of the freeze, or temporary lift of the freeze; however, no charge shall be assessed to victims of identity theft. A violation is a prohibited practice under the Consumer Protection Act.
HB 1560 - Lingamfelter - Real estate taxes; requires localities to permit real property owners to defer portion thereof.	(H) Committee on Finance	(H) Incorporated by Finance (HB1009-Hugo)	02/07/08
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.
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
notes: Oppose, The VRF opposes any legislation that MAY lead to higher Real estate rates for commercial property owners. The RMA has surveyed surrounding counties and all oppose this constitutional amendment. The Cities of Richmond and Norfolk will support

Continued: Legislation Carried Over/Continued until 2009

Bills	Committee	Last action	Date
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
notes: This legislation provides a tax credit for taxable years beginning on or after January 1, 2009, 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 215 - Alexander - Real estate tax; classification of residential property.	(H) Committee on Finance	(H) Continued to 2009 in Finance	02/07/08
notes: The VRF opposes this legislation. If passed this legislation COULD cause commercial 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 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
notes: This legislation requires each gift certificate that is charged a fee for maintenance, service, or inactivity to include a telephone number or Internet address where the holder of the certificate may obtain information regarding such fees. The measure also requires that any gift certificate that has a limit on the time for redemption, other than an expiration date, to include a telephone number or Internet address where the holder of the certificate may obtain information regarding about such limit.
HB 628 - May - Antique, vintage, and collectible items; designating items, penalty.	(H) Committee on Commerce and Labor	(H) Continued to 2009 in Commerce and Labor	02/07/08
notes: This bill has been carried over, the Patron Del. May has requested the Virginia Retail Federation to work with their antique dealers during the summer to determine if there is a means of amending the bill with the intent to prevent the sale of counterfeit antiques. The bill would require any person, firm, partnership, association, or corporation engaged in the business of buying or selling antique, vintage, or collectible items to designate such items as being antique, vintage, or collectible when selling or displaying such items for sale. The bill defines %93antique%94 as any item manufactured or produced more than 100 years ago, %93vintage%94 as any item manufactured or produced between 50 and 99 years ago, and %93collectible%94 as any item manufactured or produced less than 50 years ago. The bill provides that a violation of the requirement to properly designate items being sold is a misdemeanor punishable by a fine not to exceed $500.
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 1105 - Bouchard - Outdoor advertising; local governments ability to limit or remove signs..	(H) Committee on Transportation	(H) Continued to 2009 in Transportation	02/05/08
notes: Gives local governments increased ability to limit or remove nonconforming billboard signs.
HB 1192 - Moran - Child Toy Safety Act of 2008; penalty for failure to remove recalled goods, report.	(H) Committee for Courts of Justice	(H) Continued to 2009 in Courts of Justice (12-Y 10-N)	02/08/08
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 1511 - May - Changeable electronic variable message signs; imposes a moratorium on erection of advertisements.	(H) Committee on Transportation	(H) Continued to 2009 in Transportation	02/05/08
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) Continued to 2009 in Counties, Cities and Towns	02/08/08
notes: The bill has been carried over for the session. The Virginia Retail Federation has been asked, by the Patron Del. Barlow, to participate in a study representing all the stakeholders that are impacted by the ban on plastic bags. 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 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
notes: VRF opposes this legislation. 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. To eliminate this prohibition would dilute the importance of the existing Sales Tax Holidays. The VRF supports the lifting of the prohibition during designated Sales Tax Holiday in order to allow all retailers to participate in the tax free sales events.
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
notes: Eliminates provision that the ABC Board may revoke or suspend a license, other than a brewery license, if it has reasonable cause to believe that the licensee has employed a person who has been convicted of a felony or a crime of moral turpitude. The bill limits ABC Board's authority to revoke a license to licensees who employ a person who has violated the laws of the Commonwealth, of any other state, or of the United States, applicable to the manufacture, transportation, possession, use or sale of alcoholic beverages.
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
notes: Changes the gross receipt sale requirement for mixed beverage restaurant licensees. The bill requires licensees' gross receipts from the sale of food cooked or prepared and consumed on the premises and nonalcoholic beverages served on the premises, after issuance of such license, to amount to at least an average of $4,000 per month annually.
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
notes: 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,
SB 711 - Quayle - Plastic carryout bags; retail merchant shall provide durable plastic bag, with handles, etc.	(S) Committee on Local Government	(S) Passed by in Local Government with letter (14-Y 0-N)	02/05/08
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.

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