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The Retail EmployerGeneral Assembly 2008—Week #5
Crossover Update
As the General Assembly moves into the final half of the 2008 Session the Virginia Retail Federation’s (VRF) accomplishments are mounting:
- The first major accomplishment of the VRF in its inaugural session has been recognition from members of the House, Senate, Attorney General’s Office, the Governor and the Lt. Governor of the VRF as an organization with integrity, energy, endurance and the financial backing to represent and provide results for its small independent and regional retailers. The Retail Merchants Association and the Retail Alliance® have spent many years developing positive working relationships with elected officials. Those efforts have enabled the VRF to move forward this session as a unified force for the retail industry.
- The VRF opposed the legislation that would have allowed retailer to absorb the sales tax any time during the year. Preventing the wholesale use of the Sales Tax Holiday as an advertising gimmick throughout the year will help maintain the significance of the three Sales Tax Holidays presently available. This bill was supported by deep pocket national retailers who, at a whim, wanted to advertise that they would reduce the price on products by 5% and advertise that they were offsetting the Virginia sales tax. This smoke and mirrors approach to advertising would have diminished the impact of the Sales Tax Holidays.
- The VRF prevented the passage of the bill (SB351) that would have raised the felony threshold from $200 to $500. The bill has been passed-by for the year with a letter to the Crime Commission for study. The VRF has begun discussions with the James Towey, Director of the Crime Commission, to offer the input of the RMA’s and the RA’s members in the discussions about raising the felony threshold.
- The ban on plastic bags being used in retail stores was prevented by an agreement reached by the VRF and the legislators that introduced the bill. All parties agreed to study the impact of plastic bags on the environment and the retail industry. The VRF, through the efforts of the Retail Alliance of Hampton Roads has been working with this issue since early fall of 2007.
- The VRF lead the way in preventing a bill from passing that would have prohibited retailers from advertising merchandise for sale in a manner that would lead a reasonable person to conclude that the price of the goods was the ultimate price paid by the purchaser after the purchaser redeems the manufacturer's rebate. The bill’s purpose was to require the retailer to provide the manufacturer’s rebate at the time of purchase.
- The VRF opposed the bill which 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 was meant to help prevent the sale of counterfeit antiques; however, its design would have placed a huge burden on antique dealers. The VRF will work with antique dealers this summer to determine if there may be a way to favorably amend the bill.
- The VRF testified in opposition to the Child Toy Safety Act of 2008. Even through the intent of the bill was good it did not provide clarity as to how a retailer of toys would be notified of a manufacturer’s recall, yet it would hold that retailer legally accountable for injuries. The bill was carried over for the year.
- The VRF supported and worked with Senator Stolle to help gain passage of his legislation that would provide that a person who is convicted of petty larceny for a second time must undergo substance abuse screening as part of the sentence, if the sentence includes probation supervision by a community-based probation services agency. 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.
Since Crossover
- The House General Laws, sub committee, heard three bills that would have banned smoking in restaurants, all public places or given localities the ability to regulate smoking. All three measures were “layed on the table” (failed in committee).
- The Senate will have to deal with the House of Delegate’s version of the Homestead Act, a local option tax relief bill. The Senate version failed to pass the Senate Finance Committee just prior to crossover. A large coalition of business organization spear headed by the Virginia Chamber of Commerce was effective in the bill’s defeat in the Senate.
- The House Courts of Justice committee has referred the Attorney General’s trade mark infringement bill to the Criminal Sub Committee.
- The House Courts Committee will hear Senator Stolle’s Petite Larceny bill on Monday in the house court’s committee. The VRF has worked with members of the House court’s committee to address their concerns prior to the courts’ committee meeting.
Retail Issues Remaining 2008
| Bills | Committee | Last action | Date |
|---|---|---|---|
HB 11 - Albo - Constitutional amendment; exempts certain homeowners from taxation (voter referendum). |
(S) Referred to Committee on Privileges and Elections |
01/31/08 |
|
notes: HB 6 has been rolled into this bill. The Senate companion bill SJ6 failed in Senate Finance Committee. 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 |
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HB 159 - Albo - Stolen property; person guilty of larceny if knowledge of property buying or given is stolen. |
(S) Assigned Courts sub: Criminal |
02/14/08 |
|
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. |
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HB 504 - Hamilton - Health insurance; insurers to offer individual or group exclusive policies or contracts. |
(S) Reported from Commerce and Labor (15-Y 0-N) |
02/18/08 |
|
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. |
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HB 547 - Nixon - Unemployment compensation; maximum weekly benefit. |
(S) Referred to Committee on Commerce and Labor |
02/13/08 |
|
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. |
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HB 548 - Nixon - Alcoholic mixed beverages; holder of license to sell and serve dessert wine. |
(S) Constitutional reading dispensed (40-Y 0-N) |
02/18/08 |
|
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. |
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HB 579 - Cosgrove - Retail Sales and Use Tax; exemptions include compensation to dealers. |
(S) Referred to Committee on Finance |
02/13/08 |
|
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. |
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HB 694 - Armstrong - Alcoholic beverage control; wine and beer tastings by gourmet shop licensees |
(S) Constitutional reading dispensed (40-Y 0-N) |
02/18/08 |
|
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 |
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HB 1075 - Suit - Alcoholic beverage control; powers and duties of the Alcoholic Beverage Control Board. |
(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. |
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HB 1229 - Vanderhye - Retail Sales and Use Tax; exemptions include WaterSense qualified products. |
(S) Referred to Committee on Finance |
02/11/08 |
|
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 |
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HB 1239 - Saxman - Gourmet shop licenses; licensee shall maintain certain amount of cheeses and gourmet food monthly. |
(S) Constitutional reading dispensed (40-Y 0-N) |
02/18/08 |
|
notes: Exempts certain gourmet shop licenses from compliance with monthly food sale requirement established by the Board of regulations. |
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HB 1298 - Frederick - Illegal immigrants; employment thereof. |
(S) Referred to Committee for Courts of Justice |
02/13/08 |
|
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. |
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HB 1311 - Byron - Credit reports; authorizes consumer to freeze access thereto. |
(S) Referred to Committee on Commerce and Labor |
02/05/08 |
|
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. |
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HB 1399 - Scott, E.T. - Farm wineries; authorized to sell wine at wholesale for purpose of resale. |
(S) Constitutional reading dispensed (40-Y 0-N) |
02/18/08 |
|
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. |
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HB 1453 - Nutter - Transient occupancy tax; allows all 34 counties listed in statute to impose. |
(S) Referred to Committee on Finance |
02/08/08 |
|
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 |
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HB 1562 - Scott, J.M. - Alcoholic beverage control; allows transfer of ABC license for purchaser of a licensed premises. |
(S) Referred to Committee on Rehabilitation and Social Services |
02/13/08 |
|
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 |
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HJ 4 - Albo - Constitutional amendment; exempts certain homeowners from taxation (second reference). |
(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 |
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SB 95 - Reynolds - Pyramid promotional schemes; definition thereof, penalty. |
(H) Committee substitute printed 080538404-H1 |
02/18/08 |
|
SB 161 - McEachin - Workers' compensation; alternative dispute resolution systems. |
(H) Referred to Committee on Rules |
02/14/08 |
|
SB 272 - Deeds - Food establishments; inspection of preparation, exception for private homes. |
(H) Committee on Agriculture, Chesapeake and Natural Resources (S) Committee on Agriculture, Conservation and Natural Resources |
(H) Referred to Committee on Agriculture, Chesapeake and Natural Resources |
02/12/08 |
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. |
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SB 364 - Watkins - Bad checks; attorneys for State to establish programs that allow persons to avoid prosecution. |
(H) Assigned Courts sub: Criminal |
02/14/08 |
|
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. |
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SB 476 - Hanger - Concealed handguns; prohibits person from carrying into a restaurant. |
(H) Referred to Committee on Militia, Police and Public Safety |
02/13/08 |
|
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. |
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SB 496 - Northam - Real property tax; exemptions and deferrals for certain residential or farm property. |
(H) Referred to Committee on Privileges and Elections |
02/13/08 |
|
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. |
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SB 576 - Saslaw - Credit reports; authorizes consumer to freeze access thereto. |
(H) Referred to Committee on Commerce and Labor |
02/14/08 |
|
notes: SB325 and SB461 were rolled into this bill. 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. |
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SB 577 - Saslaw - Trademarks and service marks; registration and protection, penalties. |
(H) Assigned Courts sub: Criminal |
02/14/08 |
|
SB 604 - Stolle - Secondhand dealers; regulation thereof to current statutes regulating pawnbrokers. |
(H) Assigned GL sub: Professional/Occupational/ |
02/13/08 |
|
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. |
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SB 618 - Stolle - Petit larceny; person who is convicted for second time must undergo substance abuse screening. |
(H) Assigned Courts sub: Criminal |
02/15/08 |
|
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. |
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SB 635 - Ticer - Alcoholic beverage control; alcohol content in prepared foods. |
(H) Assigned GL sub: ABC/Gaming |
02/13/08 |
|
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. |
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SB 714 - Howell - Petroleum products franchises; rights of leasing franchisor. |
(H) Assigned C & L sub: 1 |
02/18/08 |
|
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. |
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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) 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. |
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HB 215 - Alexander - Real estate tax; classification of residential property. |
(H) Continued to 2009 in Finance |
02/07/08 |
|
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. |
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HB 329 - McClellan - Gift certificates; certain information required for those charged a fee. |
(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. |
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HB 628 - May - Antique, vintage, and collectible items; designating items, penalty. |
(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 requires 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. |
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HB 794 - Englin - Retail Sales and Use Tax; Energy Star sales tax holiday. |
(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. |
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HB 1105 - Bouchard - Outdoor advertising; local governments ability to limit or remove signs.. |
(H) Continued to 2009 in Transportation |
02/05/08 |
|
notes: Gives local governments increased ability to limit or remove nonconforming billboard signs. |
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HB 1192 - Moran - Child Toy Safety Act of 2008; penalty for failure to remove recalled goods, report. |
(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. |
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HB 1511 - May - Changeable electronic variable message signs; imposes a moratorium on erection of advertisements. |
(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. |
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HB 1534 - Barlow - Plastic carryout bags; retail merchant not to provide unless durable. |
(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 |
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SB 147 - Stosch - Retail Sales and Use Tax; absorption and payment by seller. |
(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 dillute the importance of the existing Sales Tax Holidays. The VRF supports the lifting of the prohibition during designated Sales Tax Holiday inorder to allow all retailer to participate in the tax free sales events. |
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SB 294 - Puller - ABC Board; grounds for when may revoke or suspend license. |
(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. |
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SB 323 - Wagner - Alcoholic mixed beverages; restaurant licensee food sale requirement. |
(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. |
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(S) Passed by in Courts of Justice with letter (15-Y 0-N) |
01/23/08 |
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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. |
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SB 366 - Watkins - Alcoholic beverage control; creates new nonresident winery distributor license. |
(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, |
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SB 711 - Quayle - Plastic carryout bags; retail merchant shall provide durable plastic bag, with handles, etc. |
(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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Bills Combined w/Other Legislation 08
| Bills | Committee | Last action | Date |
|---|---|---|---|
HB 4 - Tata - Credit reports; authorizes consumer to freeze access thereto. |
(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. |
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HB 16 - Ware, R.L. - Credit reports; authorizes an individual to freeze access thereto. |
(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. |
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HB 35 - Oder - Credit reports; authorizes consumer to freeze access thereto. |
(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. |
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HB 263 - Ware, O. - Retail Sales and Use Tax; exemptions include computers and computer-related equipment thereto. |
(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. |
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HB 345 - Plum - Credit reports; authorizes an individual to freeze access thereto. |
(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. |
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HB 607 - Eisenberg - Credit reports; authorizes consumer to freeze access thereto. |
(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%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 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. |
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HB 647 - Hogan - Energy production; renewable and alternative tax credit. |
(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. |
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HB 758 - Poindexter - Retail Sales and Use Tax; exemptions include computers and related equipment. |
(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. |
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HB 785 - Brink - Credit reports; authorizes consumer to freeze access thereto. |
(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%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 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. |
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HB 795 - Englin - Retail Sales and Use Tax; exemptions include WaterSense qualified products. |
(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. |
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HB 862 - Ebbin - Alcoholic beverage control; alcohol content in prepared foods. |
(H) Incorporated by General Laws (HB1075-Suit) |
01/29/08 |
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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 |
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HB 897 - Lohr - Credit reports; authorizes consumer to freeze access thereto. |
(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%92s 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 |
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HB 1120 - Purkey - Retail Sales and Use Tax; exemptions include compensation to dealers. |
(H) Incorporated by Finance (HB579-Cosgrove) |
02/07/08 |
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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. |
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HB 1269 - Ebbin - Alcoholic mixed beverages; allows licensee to make sangria. |
(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. |
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HB 1339 - Barlow - Credit reports; authorizes consumer to freeze access thereto. |
(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%92s 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. |
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HB 1560 - Lingamfelter - Real estate taxes; requires localities to permit real property owners to defer portion thereof. |
(H) Incorporated by Finance (HB1009-Hugo) |
02/07/08 |
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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. |
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HJ 3 - Brink - Constitutional amendment; exempts certain homeowners from taxation (second reference). |
(H) Incorporated by Privileges and Elections (HJ4-Albo) |
01/25/08 |
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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 |
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SB 325 - Wagner - Credit reports; authorizes armed services members and spouses to freeze. |
(S) Incorporated by Commerce and Labor (SB576-Saslaw) (15-Y 0-N) |
02/11/08 |
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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. |
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SB 461 - Whipple - Credit reports; authorizes armed services members and spouses to freeze. |
(S) Incorporated by Commerce and Labor (SB576-Saslaw) (15-Y 0-N) |
02/11/08 |
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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. |
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Failed, Stricken or Passed-By Bills or Left in Committee 08
| Bills | Committee | Last action | Date |
|---|---|---|---|
HB 41 - Scott, J.M. - Motor fuels tax; modifies rates of taxation thereof. |
(H) Left in Finance |
02/12/08 |
|
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 |
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HB 56 - Lingamfelter - Retail Sales and Use Tax exemption; certain energy-efficient products. |
(H) Left in Finance |
02/12/08 |
|
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. |
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HB 160 - Albo - Larceny; punishment for using emergency exit to exit premises. |
(H) Failed to report (defeated) in Appropriations (8-Y 16-N) |
02/08/08 |
|
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. |
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HB 194 - Orrock - Retail Sales and Use Tax; absorption and payment by seller. |
(H) Left in Finance |
02/12/08 |
|
notes: This bill was "layed on the table"(failed) by a vote of 10-1. 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. |
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HB 255 - Fralin - School calendar; local school boards responsible for setting. |
(H) Left in Education |
02/12/08 |
|
notes: This bill was left in committee. 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 |
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HB 266 - Albo - Mixed beverage restaurant licensees; liquor sale calculations. |
(H) Left in General Laws |
02/12/08 |
|
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. |
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HB 284 - Toscano - Income tax credit, earned; employers to provide notice to employees. |
(H) Left in Commerce and Labor |
02/12/08 |
|
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. |
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HB 288 - Englin - Indoor Clean Air Act; smoking in restaurants. |
(H) Left in General Laws |
02/12/08 |
|
notes: All legislation regarding smoking in restaurants were "layed on the table in committee" (failed) 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. |
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HB 318 - Cox - Hospitalization insurance; balance billing by nonparticipating physicians. |
(H) Left in Commerce and Labor |
02/12/08 |
|
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. |
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HB 385 - Ware, R.L. - Computer invasion of privacy; personal information. |
(H) Left in Courts of Justice |
02/12/08 |
|
HB 397 - Hamilton - Health maintenance organizations; removes certain limitations on deductibles. |
(S) Reported from Commerce and Labor (14-Y 1-N) |
02/18/08 |
|
HB 490 - Amundson - Transportation funding; increases motor fuels tax and repeals certain abusive driver fees. |
(H) Left in Transportation |
02/12/08 |
|
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. |
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HB 500 - Hamilton - Smoke Free Air Act; smoking in public places. |
(H) Left in General Laws |
02/12/08 |
|
notes: This bill was 'layed on the table' (failed) 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 |
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HB 572 - Howell, A.T. - Smoke Free Air Act; smoking in public places. |
(H) Left in General Laws |
02/12/08 |
|
notes: |
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HB 593 - Hamilton - VirginiaShare Health Insurance Program; established, report. |
(H) Left in Appropriations |
02/12/08 |
|
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. |
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HB 601 - McClellan - Alcoholic beverage control; localities to regulate the sale for off-premises consumption, etc. |
(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. |
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HB 611 - Poisson - Alcoholic beverage control; privatization of ABC stores, report. |
(H) Left in General Laws |
02/12/08 |
|
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. |
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HB 615 - Amundson - Health insurance; mandated coverage for medically necessary amino acid-based elemental formulas. |
(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. |
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HB 686 - Englin - Retail Sales and Use Tax; exemptions include Energy Star-rated fluorescent light bulbs. |
(H) Left in Finance |
02/12/08 |
|
notes: This legislation exempts from sales and use tax Energy Star-rated fluorescent light bulbs. The bill sunsets on July 1, 2013 |
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(H) Left in Commerce and Labor |
02/12/08 |
||
notes: This legislation has not been heard in committee and will most likely be left in committee, therefore dead for the session. The bill would 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. |
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HB 744 - Caputo - Income tax, state; deduction for energy-efficient equipment. |
(H) Left in Finance |
02/12/08 |
|
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. |
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HB 807 - Englin - Health insurance pools; technical assistance for small businesses. |
(H) Left in General Laws |
02/12/08 |
|
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. |
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HB 821 - Morgan - Smoke Free Air Act; smoking in public places. |
(H) Left in General Laws |
02/12/08 |
|
notes: This bill was "layed on the table in committee" (failed) This legislation is the same as HB 500 patroned by Del. Hamilton. |
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(H) Left in Commerce and Labor |
02/12/08 |
||
notes: This bill was left in committee, or dead for the session. 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. |
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HB 898 - Scott, J.M. - Retail Sales and Use Tax; Exemptions include additional one-half percent authorized for localities. |
(H) Left in Finance |
02/12/08 |
|
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. |
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HB 986 - Nutter - Income tax, state; tax credit for health insurance premiums paid by small business employers. |
(H) Left in Finance |
02/12/08 |
|
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. |
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HB 1038 - Jones, D.C. - Minimum wage law; enforcement. |
(H) Left in Commerce and Labor |
02/12/08 |
|
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. |
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HB 1063 - Brink - Indoor Clean Air Act; smoking in restaurants in Northern Virginia. |
(H) Left in General Laws |
02/12/08 </ | |