| Bills |
Committee |
Last action |
Date |
| HB
1581 - Toscano
- Highway logo and tourist-oriented directional sign programs;
VDOT & Transportation Bd. to provide. |
(H) Committee
on Transportation |
(H) Stricken from docket by Transportation |
01/20/09 |
| notes:
Requires the Virginia Department of Transportation (VDOT) and
the Commonwealth Transportation Board to revise VDOT's highway
logo sign and tourist-oriented directional sign programs to
provide for signs giving directions to senior centers. |
| HB
1582 - Howell,
A.T. - Home access businesses; owner/operator thereof to
conduct criminal background check of employees. |
(H) Committee
on Militia, Police and Public Safety |
(H) Left in Militia, Police and Public Safety |
02/10/09 |
| notes:
Requires the owner or operator of a commercial establishment
that provides a service that requires the establishment's
employees regularly to enter the interior area of the
residence of its customers to conduct a criminal background
check of employees whose regular duties can reasonably be
expected to require entering the interior area of the
residences of establishment's customers. Effective September
1, 2009, employers are required to complete a criminal records
check on prospective employees, but an employer is not
prohibited from hiring an employee on the basis of the results
of the criminal records check. Employers are required to keep
copies of the fingerprints and records check for such
employees. Employers shall provide identification badges to
employees and require the employees to wear the badge when
they are expected to enter customers' homes. Violations
constitute a Class 3 misdemeanor. |
| HB
1661 - Scott,
J.M. - Motor fuels tax; converts rates to percentage that
shall be calculated by DMV Commissioner. |
(H) Committee
on Finance |
(H) Left in Finance |
02/10/09 |
| notes:
Converts the rates of taxation on motor fuels from cents per
gallon to percentage rates. The percentage rates shall be
calculated by the Commissioner of the Division of Motor
Vehicles in an amount that will most closely yield the amount
of cents per gallon being charged on the applicable motor fuel
prior to the effective date of the bill. Thereafter, the
percentage rates would not change, but 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, to
determine the cents per gallon to be charged. |
| HB
1726 - Rust
- Group life insurance; allows coverage to be extended to
insure any class of persons. |
(H) Committee
on Commerce and Labor |
(H) Left in Commerce and Labor |
02/10/09 |
| notes:
Allows coverage under a group life insurance policy to be
extended to insure any class of persons as may mutually be
agreed upon by the insurer and the group policyholder. |
| HB
1744 - Pogge
- Natural health care providers; not licensed may provide care
to consumer for use of natural foods. |
(H) Committee
on Health, Welfare and Institutions |
(H) Tabled in Health, Welfare and Institutions |
01/27/09 |
| notes:
Clarifies that an individual who is not licensed, registered,
certified, or permitted by a health regulatory board may
provide health care services, therapies, and methods by
assessing, evaluating, advising, educating, counseling,
informing, or rendering care to consumers regarding the use of
natural foods, dietary supplements, homeopathic remedies and
products, and healing and natural therapies for the
prevention, remedy, or treatment of various health or physical
conditions as long as he discloses to consumers his
qualifications and does not violate existing provisions
governing the health professions. |
| HB
1809 - Morrissey
- Consumer Finance Act; open-end loan plans secured by motor
vehicle titles. |
(H) Committee
on Commerce and Labor |
(H) Tabled in Commerce and Labor |
02/05/09 |
| notes:
Makes loans to an individual for personal, family, or
household purposes that are secured by a nonpurchase-money
security interest in a motor vehicle subject to the provisions
of the Consumer Finance Act. Licensees under the Act are
prohibited from charging interest of more than 36 percent
annually on such loan balances and are required to comply with
the existing 25-day grace period. The measure also provides
that other types of extensions of credit under an open-end
credit or similar plan by a seller or lender, under which
interest currently may be charged at any rate on which the
parties agree, may be made only by sellers of goods or
services or by certain licensed or regulated financial
institutions. |
| HB
1811 - Morrissey
- Deferred disposition; allows court to defer & dismiss
any criminal case other than Class 4 felonies. |
(H) Committee
for Courts of Justice |
(H) Left in Courts of Justice |
02/10/09 |
| notes:
Allows a court to defer and dismiss any criminal case other
than Class 4 felonies or more severe felonies, violent
felonies, crimes that require registration on the sex offender
registry, certain felony sex crimes, manslaughter, and DUI.
Deferred disposition would be available to a person even
though he had previously availed himself of deferred
disposition or had been previously convicted of a crime,
except in the interests of justice. |
| HB
1812 - Morrissey
- Questioning employees about criminal convictions; prohibits
employer from asking about certain. |
(H) Committee
for Courts of Justice |
(H) Left in Courts of Justice |
02/10/09 |
| notes:
Prohibits a state agency employer from asking an existing or
prospective employee about the individual's record of arrests
or convictions, unless the question refers to an arrest or
conviction that occurred within the preceding eight years or
was for a violent felony. An employer may not take negative
employment actions against an individual based on a response
to a prohibited question. A violation is punishable by a $500
civil penalty. |
| HB
1814 - Morrissey
- Plastic bags; bans use by retailers at point of sale unless
designed & manufactured for reuse. |
(H) Committee
on Agriculture, Chesapeake and Natural Resources |
(H) Left in Agriculture, Chesapeake and Natural
Resources |
02/10/09 |
| notes:
Bans the use of plastic carryout bags by retailers at the
point of sale unless such bags are (i) durable plastic bags
with handles; (ii) at least 2.25 mils thick; and (iii)
specifically designed and manufactured for multiple reuse. |
| HB
1815 - Morrissey
- Questioning employees about criminal convictions; prohibits
employer from asking about certain. |
(H) Committee
for Courts of Justice |
(H) Stricken from docket by Courts of Justice |
01/21/09 |
| notes:
Prohibits an employer from asking an existing or prospective
employee about the individual's record of arrests or
convictions, unless the question refers to an arrest or
conviction that occurred within the preceding 8 years or was
for a violent felony. An employer may not take negative
employment actions against an individual based on a response
to a prohibited question. A violation is a Class 1
misdemeanor. |
| HB
1821 - Johnson
- Concealed handguns; prohibited from carrying onto premises
of restaurants and consuming alcohol. |
(H) Committee
on Militia, Police and Public Safety |
(H) Left in Militia, Police and Public Safety |
02/10/09 |
| 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. A person who carries a
concealed handgun onto the premises of a restaurant or club
shall inform a designated employee of the restaurant or club
of that fact. A person who consumes alcohol in violation of
the provisions of the bill is guilty of a Class 2 misdemeanor
and a person who becomes intoxicated in violation of the
provisions of the bill is guilty of a Class 1 misdemeanor. |
| HB
1829 - Fralin
- Health insurance, individual; requires SCC establish, by
regulation, etc., for underwriting thereof. |
(H) Committee
on Commerce and Labor |
(H) Stricken from docket by Commerce and Labor |
01/27/09 |
| notes:
Requires the State Corporation Commission to establish, by
regulation, classes, and tiers with each class, for the
underwriting of health insurance coverage in the individual
market. Classes and tiers shall recognize the risk associated
with an individual's health condition or diagnosis, while
differentiating among individuals diagnosed with or treated
for a specific illness, disease, or condition based upon
factors including the individual's current health condition
and diagnosis; the current severity of the illness, disease,
or condition; the prognosis for increased severity during the
term of the coverage; projections of medical treatments and
services expected to be required during the term of the
coverage; and the extent to which the symptoms or pathologies
associated with the illness, disease, or condition are
adequately controlled through such measures as medication,
diet, and exercise. Health insurers are required to underwrite
such individual health insurance coverage, and to rate insured
individuals, in a manner that ensures that the individual is
placed in the appropriate class or tier. Insurers are required
to provide an internal review procedure, and individuals
aggrieved by the insurer's decision may appeal to the
Commission, which may modify, affirm, or reverse the
decision. |
| HB
1846 - Lingamfelter
- Motor fuels tax; converts rates to percentage that shall be
calculated by DMV Commissioner. |
(H) Committee
on Finance |
(H) Left in Finance |
02/10/09 |
| notes:
Eliminates the current seventeen and one-half cents per gallon
motor fuels tax and replaces it with a 5% sales and use tax,
while retaining the collection of the replacement tax at the
%93rack%94 or terminal (wholesale level) where the current
cents per gallon tax is collected. |
| HB
1849 - Lingamfelter
- Post-Disaster Anti-Price Gouging Act; expands definition of
disaster for purposes thereof. |
(H) Committee
on Commerce and Labor |
(H) Left in Commerce and Labor |
02/10/09 |
| notes:
Expands the definition of "disaster" for purposes of the
Virginia Post-Disaster Anti-Price Gouging Act to include any
resource shortage in the Commonwealth that results from a
disaster for which the President has declared a state of
emergency and for which the Governor has issued an executive
order proclaiming that a shortage exists. A resource shortage
is an absence, unavailability or reduced supply of any raw or
processed natural resource, or any commodities, goods or
services of any kind that bear a substantial relationship to
the health, safety, welfare and economic well-being of the
citizens of the Commonwealth. The measure also revises the
definition of "supplier" to delete the condition that a
manufacturer, distributor or licensor advertise the goods or
services that are to be resold, leased, or sublicensed in a
consumer transaction. The definition of a "time of disaster"
is clarified and amended to include the period of time during
which a Governor's proclamation provides that a resource
shortage exists. |
| HB
1895 - Watts
- Estate tax; reinstates federal credit amount State would
receive payments from deaths. |
(H) Committee
on Finance |
(H) Left in Finance |
02/10/09 |
| notes:
Reinstates the federal credit amount so that the Commonwealth
would receive payments from those estates of persons dying on
or after July 1, 2009. No estate tax would be imposed on a
gross estate if the majority of the assets of the total estate
were an interest in a closely held business or a working farm.
The revenues from the estate tax would first be used for
funding staffing standards in nursing homes required to be
established under the bill, which staffing standards would
require a minimum of direct care services to each resident per
24-hour period. |
| HB
1903 - Armstrong
- Post-Disaster Anti-Price Gouging Act; prohibition on price
gouging during time of resource shortage. |
(H) Committee
on Commerce and Labor |
(H) Left in Commerce and Labor |
02/10/09 |
| notes:
Expands the existing prohibition on post-disaster price
gouging to prohibit a seller from selling necessary goods and
services at an unconscionable price during the time of a
resource shortage within any affected area of the
Commonwealth. A resource shortage is defined as an absence,
unavailability, or reduced supply of certain natural
resources, commodities, goods, or services that results from a
state of emergency anywhere in the country when a presidential
state of emergency is declared. |
| HB
1968 - Massie
- Sentencing order; guilty of Class 1 misdemeanor for failing
to comply. |
(H) Committee
for Courts of Justice
(S) Committee
for Courts of Justice |
(S) Reported from Courts of Justice with amendment (12-Y
3-N) |
02/16/09 |
| notes:
Creates a Class 1 misdemeanor for willfully and knowingly
violating a sentencing order by failing to surrender to jail
at the time ordered by the court. |
| HB
1977 - Ware,
R.L. - Health insurance; mandated coverage for prosthetic
devices and components. |
(H) Committee
on Commerce and Labor |
(H) Left in Commerce and Labor |
02/10/09 |
| notes:
Requires health insurers, health care subscription plans, and
health maintenance organizations to provide coverage for the
cost of prosthetic devices and components. The measure also
requires that the health insurance plan for state employees
include coverage for the cost of prosthetic devices and
components. |
| HB
2006 - Hull
- Local government; equalizes municipal & county taxing
authority. |
(H) Committee
on Finance |
(H) Left in Finance |
02/10/09 |
| notes:
Equalizes municipal and county taxing authority by granting a
county the same authority available to a municipality through
the uniform charter powers provided that the combined total of
any new tax revenue from such expanded authority and the
proposed equalized real estate tax rate shall not result in an
increase of greater than five percent of the combined total of
those taxes from the prior tax year. |
| HB
2009 - Ebbin
- Incandescent light bulbs; bans sale or distribution in
State, effective July 1, 2010. |
(H) Committee
on Commerce and Labor |
(H) Left in Commerce and Labor |
02/10/09 |
| notes:
Bans the sale or distribution in the Commonwealth, effective
July 1, 2010, of any general purpose incandescent light bulb.
The Board of Agriculture and Consumer Services is authorized
to adopt regulations to exempt types of light bulbs from the
ban if it finds that the ban creates a significant hardship on
the user or is unreasonable because of the lack of an adequate
substitute. A violation of the ban is a Class 1 misdemeanor.
|
| HB
2010 - Ebbin
- Paper and plastic bags; imposes fee on those used by
purchasers to carry tangible personal property. |
(H) Committee
on Finance |
(H) Left in Finance |
02/10/09 |
| notes:
Imposes a fee of $0.05 on paper and plastic bags used by
purchasers to carry tangible personal property from the place
of purchase. Durable, reusable plastic bags and bags used for
ice cream, meat, fish, and poultry are exempt from the fee.
The revenues raised by the fee will be deposited in the Water
Quality Improvement Fund. |
| HB
2012 - Ebbin
- Appliances, certain; bans sale or distribution in State of
any clothes washer, dehumidifer, etc. |
(H) Committee
on Commerce and Labor |
(H) Left in Commerce and Labor |
02/10/09 |
| notes:
Bans the sale or distribution in the Commonwealth, effective
July 1, 2011, of any clothes washer, dehumidifier, dishwasher,
refrigerator, or room air conditioner that is designed for
residential, non-commercial use, which has not been designated
by the United States Environmental Protection Agency and the
United States Department of Energy as meeting or exceeding
each such agency's requirements under the federal Energy Star
program. The Board of Agriculture and Consumer Services is
authorized to adopt regulations to exempt appliances from the
ban if it finds that the ban creates a significant hardship on
the user or is unreasonable because of the lack of an adequate
substitute. A violation is a Class 1 misdemeanor. |
| HB
2013 - Ebbin
- Alcoholic mixed beverages; ABC Board to grant annual special
events licenses to local governments. |
(H) Committee
on General Laws |
(H) Stricken from docket by General Laws |
01/29/09 |
| notes:
Permits the Alcoholic Beverage Control Board to grant annual
mixed beverage special events licenses to local governments
for use in a building owned by a local government and listed
on the National Historic Landmarks Survey. |
| HB
2014 - Ebbin
- Alcoholic mixed beverages; ABC Board to grant annual special
events licenses to local governments. |
(H) Committee
on General Laws |
(H) Left in General Laws |
02/10/09 |
| notes:
Permits the Alcoholic Beverage Control Board to grant annual
mixed beverage special events licenses to local governments
for use in a building owned by a local government and listed
on the National Historic Landmarks Survey. The bill also
increases from 12 to 16 the number of events in any one year
that a mixed beverage limited caterer licensee may sell and
serve alcoholic beverages. |
| HB
2046 - Gear
- Unemployment compensation; employees at seasonal
establishment shall not be paid benefits. |
(H) Committee
on Commerce and Labor |
(H) Left in Commerce and Labor |
02/10/09 |
| notes:
Authorizes the Virginia Employment Commission to designate,
upon an employer's application, that an employer's
establishment is a seasonal establishment that customarily
operates only during a regularly occurring period of between
13 and 40 weeks in any 12-month period. Employees at a
seasonal establishment shall not be paid unemployment benefits
with respect to employment that was performed at a seasonal
establishment during the establishment's operating season, if
(i) his employment terminated when the establishment's stated
operating season expired, (ii) the employer notified the
employee prior to commencing employment that he will be
performing service in a seasonal establishment, and (iii) the
employer posted notices that employees are performing service
in a seasonal establishment. Any benefit charges assessable
with respect to the employee that are due to other employment
will not be the responsibility of the seasonal employer. |
| HB
2054 - Lohr
- Novelty cigarette lighters; prohibiting purchase,
distribution, etc. to persons under age of 18. |
(H) Committee
for Courts of Justice |
(H) Incorporated by Courts of Justice (HB2578-Howell,
A.T.) |
01/30/09 |
| notes:
Provides that any person who sells to, distributes to,
purchases for or knowingly permits the purchase by any person
less than 18 years of age, knowing or having reason to believe
that such person is less than 18 years of age, any cigarette
lighter that is not readily identifiable as such, is subject
to a fine of no more than $100 and that any person less than
18 years of age who attempts to purchase a cigarette lighter
that is not readily identifiable as such is likewise subject
to a fine of no more than $100. |
| HB
2076 - Oder
- Tolls; prohibits imposition & collection of tolls for
use of portions of I-64 & I-664. |
(H) Committee
on Transportation |
(H) Left in Transportation |
02/10/09 |
| notes:
Prohibits imposition and collection of tolls for use of (i)
Interstate Route 64 between the Virginia Route 143 (Jefferson
Avenue) interchange in the City of Newport News and the
Hampton Roads Bridge-Tunnel and (ii) Interstate Route 664
between Interstate Route 64 and the Monitor-Merrimac Memorial
Bridge-Tunnel. |
| HB
2087 - Melvin
- Alcoholic beverages; Class 3 misdemeanor when person permits
underage person to consume. |
(H) Committee
for Courts of Justice |
(H) Left in Courts of Justice |
02/10/09 |
| notes:
Provides that anyone who knowingly permits underage
consumption of alcoholic beverages in his dwelling or on his
private real property, or who knows that such behavior is
occurring but fails to make reasonable efforts to halt it, is
guilty of a Class 3 misdemeanor. |
| HB
2090 - Fralin
- School calendar; adds to good cause circumstances for which
school divisions may be granted waiver. |
(H) Committee
on Education |
(H) Left in Education |
02/10/09 |
| notes:
Adds to the "good cause" circumstances for which school
divisions may be granted a waiver from the regular post-Labor
Day school opening schedule a school division that contains
one or more schools that have failed to achieve full
accreditation status for any of the preceding five years. |
| HB
2105 - McClellan
- Electric utility regulation; directs SCC to take into
account whether facility consistent. |
(H) Committee
on Commerce and Labor |
(H) Left in Commerce and Labor |
02/10/09 |
| notes:
Directs the State Corporation Commission to take into account,
when considering requests for a certificate, permit, or
approval for a generation facility, whether the facility is
consistent with the utility's integrated resource plan. The
measure also (i) establishes a fourth voluntary renewable
portfolio standard goal of 15 percent by 2025; (ii) allows
utilities to recover costs of designing and operating demand
management, conservation, energy efficiency, and load
management programs, including an enhanced rate of return on
capital invested in energy efficiency, including advanced
metering infrastructure, of 200 basis points for between three
and seven years; (iii) requires utilities to develop tariffs
offering real-time variable rates; and (iv) requires that
rates for utility payments to eligible customer-generators
under a net energy metering program be not less than the rate
the utility charges its customers for electricity provided 100
percent from renewable energy. |
| HB
2131 - Miller,
J.H. - Gang-free zones; established on certain types of
public and private property upon petition. |
(H) Committee
for Courts of Justice |
(H) Left in Courts of Justice |
02/10/09 |
| notes:
Establishes gang-free zones on certain types of public
property and on private property upon petition by residents
within the zone. Within such zones, criminal gang activity is
subject to enhanced criminal penalties. |
| HB
2137 - Miller,
J.H. - Outdoor advertising; increases penalties for
violation thereof. |
(H) Committee
on Transportation |
(H) Left in Transportation |
02/10/09 |
| notes:
Increases penalties for violation of certain provisions of the
outdoor advertising requirements from between $10-$50 to
between $50-$250. This increase applies only to violations for
which no other penalty is already prescribed. |
| HB
2153 - Rust
- BPOL tax; allows towns to levy on any person, firm, etc., in
business of renting real property. |
(H) Committee
on Finance |
(H) Left in Finance |
02/10/09 |
| notes:
Allows the Towns of Herndon and Leesburg to levy the BPOL tax
on any person, firm, or corporation engaging in the business
of renting real property. |
| HB
2161 - Toscano
- Retail Sales and Use Tax; additional tax authorized in City
of Charlottesville & Albemarle County. |
(H) Committee
on Finance |
(H) Left in Finance |
02/10/09 |
| notes:
Permits the City of Charlottesville and Albemarle County to
impose an additional sales and use tax at a rate not exceeding
one percent, provided that all revenue generated from the
additional tax is used solely for transit or other
transportation projects. |
| HB
2194 - Watts
- Motor fuels tax; rate increase used for transportation
purposes. |
(H) Committee
on Finance |
(H) Left in Finance |
02/10/09 |
| notes:
Increases the motor fuels tax by $0.10 per gallon, minus $0.01
for each $0.20 that the average price of gasoline exceeds
$3.00. The tax will be indexed every two years beginning July
1, 2010, by an amount equal to the percentage change in the
U.S. Department of Labor's Producer Price Index for Highway
and Street Construction. The revenue generated is used for
transportation purposes as required by existing law, and
allocates primary system highway construction funds among the
nine highway construction districts on the basis of the ratio
of vehicle miles traveled on primary highways divided by the
lane miles of primary highways in each highway construction
district, weighted 90 percent, and a need factor, weighted 10
percent |
| HB
2205 - Frederick
- BPOL taxes; repeals local business taxes. |
(H) Committee
on Finance |
(H) Left in Finance |
02/10/09 |
| notes:
Repeals local business license (BPOL) taxes. |
| HB
2249 - Barlow
- Cigarette tax, local; any county to impose not to exceed
$0.05 per pack or amount levied by State. |
(H) Committee
on Finance |
(H) Left in Finance |
02/10/09 |
| 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
2315 - Carrico
- Electric utility rates; deferral of increases. |
(H) Committee
on Commerce and Labor |
(H) Left in Commerce and Labor |
02/10/09 |
| notes:
Requires the State Corporation Commission (SCC) to defer a
portion of an investor-owned electric utility's increase in
residential electric rates or charges if, as a result of the
increase, the new residential rates are 15 percent higher than
its residential rates in the year preceding the rate increase.
The deferred amount is the revenue that would be collected by
the utility over the 36 months following the SCC's order,
based on the difference between the new rate and 115 percent
of its residential rate in the preceding year. The deferred
amount, with interest at a rate set by the SCC, will be
recovered from residential retail customers over a three-year
period. |
| HB
2337 - Amundson
- Health insurance; mandated coverage for amino acid based
elemental formulas. |
(H) Committee
on Commerce and Labor |
(H) Tabled in Commerce and Labor |
02/05/09 |
| notes:
Requires health insurers, health care subscription plans, and
health maintenance organizations to provide coverage for the
provision of amino acid based elemental formulas for the
diagnosis and treatment of Immunoglobulin E and non
Immunoglobulin E mediated allergies to multiple food proteins
for enrollees under age 10, severe food protein induced
enterocolitis syndrome, eosinophilic disorders as evidenced by
the results of a biopsy, and impaired absorption of nutrients
caused by disorders affecting the absorptive surface,
functional length, and motility of the gastrointestinal tract.
|
| HB
2372 - Nutter
- Electric utility rates; curtailing peak power purchases. |
(H) Committee
on Commerce and Labor |
(H) Left in Commerce and Labor |
02/10/09 |
| notes:
Directs the State Corporation Commission to promulgate
regulations requiring electric utilities to offer electric
service to nonresidential customers under a tariff that
induces customers to curtail electricity usage during periods
when the utility's costs of purchasing electric power rise
above their norm as a result of heightened load demand and
system congestion. The tariff shall ensure that the utility's
costs savings are shared with customers who curtail demand for
electric power through reduced rates or charges. |
| HB
2376 - Englin
- Estate tax; reinstates federal credit amount State will
receive payments from deaths after Jan. 1. |
(H) Committee
on Finance |
(H) Left in Finance |
02/10/09 |
| notes:
Reinstates the federal credit amount so that the Commonwealth
will receive payments from those estates owing federal estate
tax, for deaths occurring on or after January 1, 2009. It does
exempt estates valued at $5 million or less, working farms,
and closely held businesses. The revenues raised from the tax
shall be distributed equally to the Tuition Assistance Grant
program, the Virginia Preschool Initiative, and the Healthy
Families Virginia program. |
| HB
2379 - Englin
- Cigarette tax rate; funding education and Medicaid. |
(H) Committee
on Finance |
(H) Left in Finance |
02/10/09 |
| notes:
Increases the cigarette tax by $0.89 per pack (from $0.30
cents per pack to $1.19 per pack). Of the $0.89 increase, the
additional revenue attributable to $0.30 is dedicated to
funding for the Medicaid program, and (ii) the increase in
revenue attributable to the remaining $0.59 is dedicated to
funding for public schools. |
| HB
2383 - Scott,
J.M. - Tax and fee discounts and allowances; eliminates
dealer tax and fee discounts and allowances. |
(H) Committee
on Appropriations |
(H) Left in Appropriations |
02/10/09 |
| notes:
Eliminates dealer tax and fee discounts and allowances for the
retail sales and use tax, tire recycling fee, communications
sales and use tax, cigarette and tobacco products tax, E-911
service tax, and fuels taxes. |
| HB
2389 - Brink
- Cigarette tax and tobacco products tax; increased. |
(H) Committee
on Finance |
(H) Left in Finance |
02/10/09 |
| notes:
Increases the state cigarette tax from 1.5 cents per cigarette
to 3 cents per cigarette, adds a $0.25 per ounce tax on each
can or package of moist snuff, and eliminates the stamping
agent discount and the dealer discount. |
| HB
2440 - Poisson
- Alcoholic beverage control; privatization of ABC stores. |
(H) Committee
on General Laws |
(H) Left in General Laws |
02/10/09 |
| notes:
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, 2009, on
how it will privatize government stores. The bill has a
delayed effective date of January 1, 2010, 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
2443 - Melvin
- Zoning ordinances; restrictions on ABC licenses in City of
Portsmouth. |
(H) Committee
on Counties, Cities and Towns |
(H) Stricken from docket by Counties, Cities and Towns |
02/06/09 |
| notes:
Provides that the City of Portsmouth may impose a condition
upon any special use permit issued after July 1, 2009,
relating to retail alcoholic beverage control licensees, which
provides that such special use permit will be subject to an
automatic review by the governing body upon a change of
ownership of the property, a change in possession, or a
transfer of majority control of the business entity. |
| HB
2522 - Nichols
- Health insurance plan for state employees; coverage for
employees of small employers. |
(H) Committee
on General Laws |
(H) Stricken from docket by General Laws |
02/05/09 |
| notes:
Permits employers with 50 or fewer employees to apply for
coverage under the health insurance plan for state employees.
The premiums and an administrative costs are payable by the
participating employer or its eligible employees. |
| HB
2588 - Englin
- Individual income, corporate income, and sales and use
taxes; restructuring various taxes. |
(H) Committee
on Finance |
(H) Left in Finance |
02/10/09 |
notes:
Removes the remaining portion of the state sales and use tax
(one and one-half percent) from food for human consumption
(effective July 1, 2010), restructures the individual income
tax rate brackets, and exempts corporations having less than
$100,000 of Virginia taxable income from the Virginia
corporate income tax for taxable years beginning on or after
January 1, 2010.
The changes in the individual income
tax brackets are as follows:
In Excess Of But No More
Than Tax Rate
$17,000 $75,000 5.6%
(decrease)
$75,000 $400,000 5.75% (same as current
law)
$400,000 6.85% (increase)
|
| SB
916 - Stuart
- Fees in civil cases; increases fee for filing in general
district court and in circuit court. |
(S) Committee
for Courts of Justice |
(S) Passed by indefinitely in Courts of Justice (12-Y
3-N) |
01/21/09 |
| notes:
Increases the fee for filing any civil action in general
district court to $100 (currently $27); and increases the fees
for filing a civil action in circuit court to a sliding scale
(currently, between $60 and $160): in cases seeking recovery
up to $50,000 - fee is $150; up to $100,000 - $200; up to
$250,000 - $300; up to $500,000 - $400; up to $1,000,000 -
$500; and above $1,000,000 - $750. |
| SB
921 - Reynolds
- Health insurance; eliminates all mandated benefits from
inclusion in individual policies. |
(S) Committee
on Commerce and Labor |
(S) Left in Commerce and Labor |
02/10/09 |
| notes:
Eliminates all mandated benefits from inclusion in individual
health insurance policies. |
| SB
964 - Blevins
- Health insurance; requires health insurer, etc., to
calculate amount based on actual charge. |
(S) Committee
on Commerce and Labor |
(S) Passed by indefinitely in Commerce and Labor (11-Y
0-N) |
01/26/09 |
| notes:
Requires a health insurer, health services plan, or health
maintenance organization, when calculating the coinsurance
obligation or other percentage of the cost of covered services
provided to its insured, subscriber, or enrollee, to calculate
the amount based on an amount not to exceed the provider's
actual charge for the service when (i) the health insurer,
health services plan, or health maintenance organization has
agreed to pay the provider a fixed rate or charge for the
covered service without regard to the provider's actual charge
for the service and (ii) the provider's actual charge for the
service is less than the fixed rate or charge for the covered
service that the insurer, health services plan, or health
maintenance organization has agreed to pay to the provider. In
addition, persons covered under a managed care health
insurance plan shall not be liable to the provider for any
amount, other than any required copayment, in excess of the
specified percentage of the cost of the covered service that
is calculated based upon an amount not to exceed the
provider's actual charge for the service provided to the
covered person. Currently, a health insurer, health services
plan, or health maintenance organization is required to
calculate such amount based upon an amount that does not
exceed the amount paid or payable to the provider. |
| SB
971 - Blevins
- Plastic bags; requires that certain stores provide
on-premises recycling, therefor. |
(S) Committee
on Agriculture, Conservation and Natural Resources |
(S) Stricken at request of Patron in Agriculture,
Conservation and Natural Resources (14-Y 0-N) |
01/19/09 |
| notes:
Requires that, effective January 1, 2010, certain stores
provide on-premises recycling for plastic bags. Stores that
are part of a chain or occupy more than 5,000 square feet and
distribute plastic bags to consumers must provide reusable
bags for sale and take back and recycle used plastic bags. If
requested by a store owner, the manufacturer of plastic bags
must offer to arrange for the transportation and recycling
services. Any violation is punishable by a civil penalty of up
to $100. |
| SB
976 - Stuart
- Basic health benefit plans; requires health insurer, etc.,
to offer to eligible individuals. |
(S) Committee
on Commerce and Labor |
(S) Passed by indefinitely in Commerce and Labor (11-Y
0-N) |
01/26/09 |
| notes:
Requires every health insurer, health maintenance
organization, and corporation providing accident and sickness
subscription contracts, as a condition of transacting business
in Virginia, to offer to eligible individuals a basic health
benefit plan. Eligible individuals are residents of the
Commonwealth that have a family income that does not exceed
150 percent of the federal poverty level, have not been
insured within the preceding six months, and are not eligible
for coverage under certain government-sponsored health plans.
Coverage under a basic health insurance policy provides
benefits of at least 75 percent of necessary, reasonable, and
customary charges for medical care, including hospitalization,
surgery, physician services, emergency services, diagnostic
tests, with a minimum annual deductible of $5,000 for the
eligible individual and $10,000 for the eligible individual
and dependent coverage, with maximum annual amount
out-of-pocket limits for co-payments, co-insurance,
deductibles, and other cost-sharing arrangement of $10,000 for
the eligible individual and $20,000 for the eligible
individual and dependents, and with maximum lifetime benefits
of at least $1 million. Such a policy will not provide
benefits for routine physician visits, prescription drugs, or
dental treatment, or for any mandated benefit. |
| SB
984 - Wagner
- Chesapeake Bay Preservation Act; stormwater regulations. |
(S) Committee
on Agriculture, Conservation and Natural Resources |
(S) Stricken at request of Patron in Agriculture,
Conservation and Natural Resources (15-Y 0-N) |
02/02/09 |
| notes:
Requires that the Chesapeake Bay Local Assistance Board adopt
regulations that treat swimming pools and any other
impoundments of surface waters, including fountains and
retention ponds, as permeable surfaces for the purposes of
stormwater management. |
| SB
988 - Colgan
- Voting equipment; locality that acquired DREs prior to
7-1-07 may temporarily conduct election. |
(H) Committee
on Privileges and Elections
(S) Committee
on Privileges and Elections |
(H) Assigned P & E sub: Campaign Finance |
02/16/09 |
| SB
1002 - Quayle
- Indoor Clean Air Act; localities to adopt ordinances
containing standards, etc. relating to smoking. |
(H) Committee
on General Laws
(S) Committee
on Education and Health |
(H) Incorporated by General Laws (SB1105-Northam) |
02/06/09 |
| notes:
Allows localities to adopt ordinances containing standards or
provisions relating to smoking in restaurants that meet or
exceed those established in the Virginia Indoor clean Air
Act. |
| SB
1018 - Miller,
J.C. - Hampton Roads Transportation Authority; taxes,
fees, etc. dedicated to financing its operation. |
(H) Committee
on Transportation
(S) Committee
on Transportation |
(H) Referred to Committee on Transportation |
02/11/09 |
| notes:
Removes the Counties of James City and York and the Cities of
Hampton, Newport News, Poquoson, and Williamsburg from the
Hampton Roads Transportation Authority. |
| SB
1029 - Hanger
- Transient occupancy tax; any county ordinance may levy on
single-family residences rented out. |
(H) Committee
on Finance
(S) Committee
on Finance |
(H) Subcommittee recommends laying on the table by voice
vote |
02/11/09 |
| notes:
Provides that any county, by duly adopted ordinance, may levy
a transient occupancy tax on single-family residences rented
out for continuous occupancy for fewer than 30 consecutive
days. |
| SB
1041 - Hanger
- Fuels taxes; annually adjusted. |
(S) Committee
on Finance |
(S) Left in Finance |
02/11/09 |
| notes:
Adjusts fuels taxes each year on April 1 by the percentage
increase in the Corporate Average Fuel Economy (sales volume
weighted), Total Fleet (the CAFE) for the immediately
preceding calendar year over the CAFE for calendar year 2008.
The first adjustment would occur on April 1, 2010. |
| SB
1057 - Whipple
- Smoke Free Air Act; smoking in public places, civil
penalties. |
(H) Committee
on General Laws
(S) Committee
on Education and Health |
(H) Incorporated by General Laws (SB1105-Northam) |
02/06/09 |
| 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. Exceptions are provided for (i) private homes,
private residences, 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. |
| SB
1074 - Howell
- BPOL tax; allows towns to levy on any person, firm, etc., in
business of renting real property. |
(H) Committee
on Finance
(S) Committee
on Finance |
(H) Subcommittee recommends laying on the table by voice
vote |
02/11/09 |
| notes:
Allows the Towns of Herndon and Leesburg to levy the BPOL tax
on any person, firm, or corporation engaging in the business
of renting real property. |
| SB
1259 - Vogel
- Land preservation; increases cap on aggregate amount of tax
credits. |
(S) Committee
on Finance |
(S) Stricken at request of Patron in Finance (16-Y 0-N) |
02/11/09 |
| notes:
Increases the cap on the aggregate amount of land preservation
tax credits that can be issued to $115 million, beginning in
calendar year 2010. |
| SB
1260 - Vogel
- Health insurance; mandated coverage for autism spectrum
disorder. |
(S) Committee
on Finance |
(S) Left in Finance |
02/11/09 |
| notes:
Requires health insurers, health care subscription plans, and
health maintenance organizations to provide coverage for the
diagnosis and treatment of autism spectrum disorder in
individuals under age 21. Coverage is subject to an annual
maximum benefit of $36,000. |
| SB
1266 - Vogel
- School calendar; local school boards responsible for setting
and eliminates post-Labor Day opening. |
(S) Committee
on Commerce and Labor |
(S) Left in Commerce and Labor |
02/10/09 |
| notes:
Makes local school boards responsible for setting the school
calendar and determining the opening of the school year and
eliminates the post-Labor Day opening requirement and "good
cause" scenarios for which the Board of Education might grant
waivers of this requirement. |
| SB
1272 - Vogel
- Tax and fee legislation; requires sunset dates on all and on
those existing that are increased. |
(S) Committee
on Rules |
(S) Passed by indefinitely in Rules (17-Y 0-N) |
02/06/09 |
| notes:
Requires a sunset date on all bills that add new taxes or fees
or increase the rate of existing taxes or fees. The sunset
dates would be required for both state and local tax or fee
bills. |
| SB
1273 - Vogel
- Electric utility regulation; SCC to determine rates of
investor-owned electric utilities. |
(S) Committee
on Commerce and Labor |
(S) Passed by indefinitely in Commerce and Labor (11-Y
0-N) |
01/26/09 |
| notes:
Revises the procedures for setting the rates of investor-owned
electric utilities. The State Corporation Commission (SCC)
shall determine rates, for each investor-owned incumbent
utility, that are just, reasonable, and nondiscriminatory.
Proceedings shall be governed by the provisions of Chapter 10
of Title 56 and shall provide fair rates of return on common
equity applicable to the generation and distribution services
of the utility. The SCC may use any methodology to determine
rates of return it finds is consistent with the public
interest. In subsequent biennial reviews, the SCC may order
changes in the utility%92s rates to ensure that such rates
continue to be just, reasonable and nondiscriminatory. Rates,
terms and conditions for each service shall be reviewed
separately on an unbundled basis, and such reviews shall be
conducted in a single, combined proceeding. In the initial
rate proceeding, the SCC is required to direct each incumbent
electric utility to refund to retail customers the amount by
which its actual stranded cost recoveries under capped rates
exceeded the stranded costs actually incurred by the utility,
which refunds shall be based on customer usage in 2008.
Provisions applicable to rate caps shall not be applicable to
incumbent electric utilities after the SCC's establishment of
new rates. The measure repeals provisions that (i) established
parameters in setting the rate of return on equity, (ii)
authorize utilities to seek rate adjustment clauses for
specific costs on a stand-alone basis, (iii) direct the SCC to
approve an enhanced rate of return for certain generation
facilities, and (iv) establish various other checks on the
utility's rates. |
| SB
1274 - Vogel
- Health insurance; business practices. |
(S) Committee
on Commerce and Labor |
(S) Left in Commerce and Labor |
02/10/09 |
| notes:
Prohibits the issuance, delivery, sale, or negotiation of an
accident and sickness insurance policy, subscription contract
for a health services plan, or health care plan, which
provides for premiums to be paid on a monthly or other period
basis, to require that the policyholder pay premiums in
advance for future periods, as a condition to reinstatement of
the policy, contract, or plan. Issuers of such policies,
contracts, or plans shall not refuse to permit a policyholder
to reinstate a policy, contract, or plan on the basis of the
policyholder's claims experience or history of premium
payments. The measure also requires that individual and group
health policies, contracts, and plans include a grace period
of not less than 90 days for the payment of any premium,
except for the first premium. |
| SB
1283 - Newman
- Motor fuels tax; change in tax basis. |
(S) Committee
on Finance |
(S) Stricken at request of Patron in Finance (16-Y 0-N) |
02/03/09 |
| notes:
Replaces $0.05 per gallon of the current fuels tax on
gasoline, gasohol, and diesel fuel with a cents-per-gallon tax
equal to five percent of the statewide average wholesale price
of a gallon of self-serve unleaded regular gasoline. The
change to the fuels tax rate would only occur if the statewide
weekly average wholesale price of a gallon of self-serve
unleaded regular gasoline falls below $0.99 per gallon. |
| SB
1341 - Lucas
- Alcoholic beverages; Class 3 misdemeanor when person permits
underage person to consume. |
(S) Committee
for Courts of Justice |
(S) Stricken at the request of Patron in Courts of Justice
(14-Y 0-N) |
02/04/09 |
| notes:
Provides that anyone who knowingly permits underage
consumption of alcoholic beverages in his dwelling or on his
private real property, or who knows that such behavior is
occurring but fails to make reasonable efforts to halt it, is
guilty of a Class 3 misdemeanor. |
| SB
1382 - Stolle
- Smoking in restaurants; creates a statewide ban thereon. |
(S) Committee
on Education and Health |
(S) Left in Education and Health (15-Y 0-N) |
02/05/09 |
| notes:
Creates a statewide ban on smoking in restaurants, sets out
exceptions to this ban, and provides for civil penalties for
violation. The bill contains technical amendments. |
| SB
1422 - Stolle
- Crimes, several; penalties. |
(S) Committee
for Courts of Justice |
(S) Failed to report (defeated) in Courts of Justice (7-Y
7-N 1-A) |
02/09/09 |
| notes:
Creates a new class of misdemeanor, called an %93aggravated
misdemeanor%94, allowing for up to two years of incarceration
and/or a fine of up to $2,500, for crimes including, but not
limited to, larceny offenses between $200 and $500, second
offense petit larceny, second offense of a violation of a
protective order within five years, recruiting another into a
street gang, assault and battery hate crimes, assault and
battery of school personnel, second offense domestic assault,
second offense stalking, second offense DUI crimes, third
offense of driving on a suspended sentence, and driving after
having been declared an habitual defendant. The bill also
creates the crime of conspiracy to commit petit larceny and
allowing for the amount of all goods stolen pursuant to such a
conspiracy to be aggregated for any six-month period.
Multijurisdictional grand juries are empowered to investigate
and issue indictments for grand larceny and conspiracy to
commit larceny. The bill adds larceny to the offenses that
comprise a %93predicate criminal act%94 as for the purposes of
criminal gang activity and raises the threshold amount for
grand larceny from $200 to $500. |
| SB
1443 - Martin
- Income tax, state; tax credit for health insurance premiums
paid by small business employers. |
(S) Committee
on Finance |
(S) Left in Finance |
02/11/09 |
| notes:
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. |
| SB
1474 - McEachin
- Retail Sales and Use Tax; dealer discounts. |
(S) Committee
on Finance |
(S) Stricken at request of Patron in Finance (16-Y 0-N) |
02/03/09 |
| notes:
Provides a dealer discount of local sales taxes to registered
dealers using software designed to more accurately allocate
local sales taxes to counties and cities. The Department of
Taxation would be required to certify the software. The
aggregate discount of local sales taxes that could be taken by
the dealer would not exceed the purchase price of the
certified software. |
| SB
1494 - Herring
- Spirits delivery permit; authorizes permittee to purchase
spirit from Board and deliver to business. |
(S) Committee
on Rehabilitation and Social Services |
(S) Left in Rehabilitation and Social Services |
02/10/09 |
| notes:
Creates a spirits delivery permit that would authorize the
permittee to purchase spirits from the Board and to deliver
the spirits to the business premises of a mixed beverage
licensee. Upon written authorization by any mixed beverage
licensee, the permittee may purchase the spirits directly from
the Board using its own business checks and credit cards,
provided the mixed beverage licensee makes payment at or
before the time of
delivery. |