The Retail EmployerGeneral Assembly 2008—Week #8

HB 159 - Albo - Stolen goods; person guilty of larceny if knowledge of property buying or receiving is stolen.

(H) Committee on Appropriations

(S) Committee for Courts of Justice

(S) Signed by President

03/06/08

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

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

(H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor

(G) Approved by Governor-Chapter 215 (effective 7/1/08)

03/03/08

notes: This legislation authorizes insurers to offer individual or group exclusive provider policies or contracts, which are insurance policies or contracts that condition the payment of benefits on the use of preferred providers. The insurer is required to provide an option in group contracts whereby each enrollee may, at no additional cost to the group contract holder, may select a benefit for preferred and nonpreferred providers.

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

(H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor

(H) Enrolled

03/07/08

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

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

(H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services

(G) Approved by Governor-Chapter 172 (effective 7/1/08)

03/03/08

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

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

(H) Committee on Finance

(S) Committee on Finance

(G) Governor's recommendation adopted

03/08/08

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

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

(H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services

(G) Approved by Governor-Chapter 179 (effective 3/3/08)

03/03/08

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

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

(H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services

(S) Signed by President

03/04/08

notes: This legislation requires the ABC Board to adopt regulations allowing an on-premises licensee to reduce the length of any suspension or reduce the amount of any civil penalty if the licensee can demonstrate that it provided certified alcohol server training, including the Serve Safe Alcohol training through the National Restaurant Association, to its employees.

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

(H) Committee on Finance

(S) Committee on Finance

(S) Signed by President

03/04/08

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

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

(H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services

(G) Approved by Governor-Chapter 192 (effective 7/1/08)

03/03/08

notes: This legislation requires the licensee to maintain each year an average monthly inventory and sales volume of at least $1,000 in cheeses and gourmet food.

HB 1298 - Frederick - Contractors; shall not knowingly employ unauthorized alien.

(H) Committee for Courts of Justice

(S) Committee for Courts of Justice

(S) Signed by President

03/06/08

notes: This legislation requires that all public bodies shall provide in every written contract that the contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

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

(H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor

(H) Governor's substitute printed 089635802-H2

03/08/08

notes: There were 8 House bills dealing with consumer credit freeze, all bills have now been rolled into HB1311. HB1311 was introduced at the request of the financial industry representatives. It was felt that a bill drafted by industry would satisfy the demand to provide consumer credit freeze and include those tools needed by industry. The bill authorizes any consumer to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer%92s express authorization. The measure provides a means by which a consumer can release his report, permanently, temporarily, or to a specific third party. Certain disclosures are exempt from the freeze. A fee of up to $10 may be charged for establishing or lifting a freeze, except identity theft victims are not required to pay a fee except for a temporary lifting of the freeze within 15 minutes of receipt of certain electronic requests. A person who willfully fails to comply with the requirements is liable to a consumer for actual damages of between $100 and $1,000, punitive damages, and reasonable attorney fees. A person who negligently fails to comply with the requirements is liable to a consumer for actual damages and reasonable attorney fees.

HB 1399 - Scott, E.T. - Alcoholic beverage control; farm wineries.

(H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services

(G) Approved by Governor-Chapter 194 (effective 7/1/08)

03/03/08

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

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

(H) Committee on Finance

(S) Committee on Finance

(G) Approved by Governor-Chapter 230 (effective 7/1/08)

03/03/08

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

HB 1562 - Scott, J.M. - Alcoholic beverage control; allows transfer of ABC license for purchaser of a licensed premises.

(H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services

(S) Signed by President

03/02/08

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

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

(S) Signed by President

03/02/08

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

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

(H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor

(S) Governor's substitute printed 089636802-S2

03/08/08

notes: 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.

SB 577 - Saslaw - Trademarks and service marks; registration and protection, penalties.

(H) Committee for Courts of Justice

(S) Committee for Courts of Justice

(S) Bill text as passed Senate and House (SB577ER)

03/08/08

notes: Expands the scope of laws protecting trademarks and service marks to include such marks registered with the federal government and makes it unlawful to reproduce, counterfeit, or colorably imitate a registered mark and apply it to patches, fabric, stickers, badges, emblems, medallions, charms, boxes, containers, cans, cases, handbags, documentation, packaging, or other components with the intent to sell or advertise for sale such goods or services. The penalties for violations are increased. Violations are punishable as a Class 1 misdemeanor unless the offense involves possession of 100 or more identical counterfeit registered marks or such items valued at $200 or more, in which case it is a Class 6 felony.

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

(H) Committee for Courts of Justice

(S) Committee for Courts of Justice

(S) Bill text as passed Senate and House (SB618ER)

03/08/08

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

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

(H) Committee on General Laws

(S) Committee on Rehabilitation and Social Services

(S) Signed by President

03/06/08

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

SB 714 - Howell - Petroleum products franchises; rights of dealers upon sale or assignment of franchise agreement.

(H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor

(S) Bill text as passed Senate and House (SB714ER)

03/08/08

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.

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

(H) Committee on Finance

(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

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

(H) Committee on Finance

(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.

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

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

(H) Committee on Appropriations

(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.

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

(H) Committee on Finance

(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.

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

(H) Committee on Education

(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

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

(H) Committee on General Laws

(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.

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

(H) Committee on Commerce and Labor

(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.

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

(H) Committee on General Laws

(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.

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

(H) Committee on Commerce and Labor

(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.

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

(H) Committee for Courts of Justice

(H) Left in Courts of Justice

02/12/08

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

(H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor

(G) Approved by Governor-Chapter 214 (effective 7/1/08)

03/03/08

HB 436 - Miller, J.H. - Arrest or summons; charge for misdemeanor at discretion of law-enforcement officer.

(H) Committee on Appropriations

(S) Committee for Courts of Justice

(S) Left in Courts of Justice (15-Y 0-N)

03/03/08

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

(H) Committee on Transportation

(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.

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

(H) Committee on General Laws

(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

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

(H) Committee on General Laws

(H) Left in General Laws

02/12/08

notes:
This bill was 'layed on the table in committee' (failed) This bill is the same as HB500, patroned by Del. Hamilton.

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

(H) Committee on Appropriations

(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.

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

(H) Committee on General Laws

(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.

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

(H) Committee on Finance

(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

HB 733 - Caputo - Restroom Access Act; created.

(H) Committee on Commerce and Labor

(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.

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

(H) Committee on Finance

(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.

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

(H) Committee on General Laws

(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.

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

(H) Committee on General Laws

(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.

HB 859 - Ebbin - Gift certificates; prohibited practices.

(H) Committee on Commerce and Labor

(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.

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

(H) Committee on Finance

(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.

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

(H) Committee on Finance

(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.

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

(H) Committee on Commerce and Labor

(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.

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

(H) Committee on General Laws

(H) Left in General Laws

02/12/08

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

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

(H) Committee on Commerce and Labor

(H) Left in Commerce and Labor

02/12/08

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

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

(H) Committee on General Laws

(H) Left in General Laws

02/12/08

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

HB 1253 - Marsden - Smoking; prohibited in restaurants.

(H) Committee on General Laws

(H) Left in General Laws

02/12/08

notes: This bill was "layed on the table in committee" (failed) This bill prohibits smoking in restaurants.

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.

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

(H) Committee on General Laws

(H) Left in General Laws

02/12/08

notes: This bill was "layed on the table in committee" (failed). The bill allows localities to adopt ordinances containing standards or provisions relating to smoking in restaurants that meet or exceed those established in the Virginia Indoor Clean Air Act.

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

(H) Committee on Finance

(H) Left in Finance

02/12/08

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

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

(H) Committee on General Laws

(H) Left in General Laws

02/12/08

notes: This bill was "layed on the table in committee" (failed). This bill allows cities with a population of at least 200,000 to adopt ordinances containing standards or provisions relating to smoking in restaurants that exceed those established in the Virginia Indoor Clean Air Act.

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

(H) Committee on Finance

(H) Left in Finance

02/12/08

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

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

(H) Committee on Finance

(H) Left in Finance

02/12/08

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

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

(H) Committee on Militia, Police and Public Safety

(H) Left in Militia, Police and Public Safety

02/12/08

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

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

(H) Committee on Commerce and Labor

(H) Left in Commerce and Labor

02/12/08

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

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

(H) Committee on General Laws

(H) Left in General Laws

02/12/08

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

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

(H) Committee on Finance

(H) Left in Finance

02/12/08

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

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 161 - McEachin - Workers' compensation; alternative dispute resolution systems.

(H) Committee on Rules

(S) Committee on Commerce and Labor

(H) VOTE: --- DEFEATED (43-Y 55-N)

02/29/08

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

(H) Committee on General Laws

(S) Committee on Education and Health

(H) Assigned GL sub: ABC/Gaming

02/12/08

notes: Moves the law restricting smoking in buildings and other enclosed areas from the title relating to local government (15.2) to the title relating to health (32.1) and prohibits smoking indoors in most buildings or enclosed areas frequented by the public.

SB 347 - Blevins - Smoking; prohibited in restaurants in Planning District 23.

(H) Committee on General Laws

(S) Committee on Education and Health

(H) Assigned GL sub: ABC/Gaming

02/12/08

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

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

(H) Committee on Militia, Police and Public Safety

(S) Committee for Courts of Justice

(S) Senate sustained Governor's veto

03/05/08

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

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

(H) Committee on Privileges and Elections

(S) Committee on Finance

(H) Assigned P & E sub: Constitutional

02/19/08

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

SB 501 - Locke - Smoking; prohibited in restaurants.

(H) Committee on General Laws

(S) Committee on Education and Health

(H) Assigned GL sub: ABC/Gaming

02/12/08

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

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

(H) Committee on General Laws

(S) Committee on General Laws and Technology

(H) VOTE: --- DEFEATED (24-Y 73-N)

03/06/08

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.

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 Realestate rates for commerial property owners. The RMA has surveyed surrounding counties and all oppose this constitutional amendment. The Cities of Richmond and Norfolk will support

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

(H) Committee on Privileges and Elections

(S) Committee on Privileges and Elections

(S) Continued to 2009 in Privileges and Elections

02/25/08

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

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

HB 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 commerial property rates to increase to make up for the loss revenue caused when residential rates are lowered.

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

HB 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 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.

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

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

(H) Committee on Privileges and Elections

(S) Committee on Privileges and Elections

(S) Continued to 2009 in Privileges and Elections

02/25/08

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

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 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.

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

(S) Committee on Rehabilitation and Social Services

(S) Committee substitute printed 085690304-S1

02/28/08

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 351 - Reynolds - Grand larceny; threshold amount. 

(S) Committee on Agriculture, Conservation and Natural Resources

(S) Subject matter referred by letter to Commission on Immigration pursuant to Senate Rule 20 (L)

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

(H) Committee for Courts of Justice

(S) Committee for Courts of Justice

(H) Continued to 2009 in Courts of Justice

02/29/08

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

SB 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 Agriculture, Conservation and Natural Resources

(S) Subject matter referred by letter to DEQ pursuant to Senate Rule 20 (L)

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.