| Bills |
Committee | Last action | Date |
| HB 1634 - Marshall, D.W. - Minimum wage; increase amount thereof. |
(H) Committee on Commerce and Labor | (H) Left in Commerce and Labor | 02/06/07 |
notes:
FAILED IN COMMITTEE. The RMA will oppose any increase in the minimum wage at the State level. There is federal legislation introduced that would increase the minimum wage. The Legislation increases the minimum wage for persons age 19 or older from its current federally mandated level of $5.15 per hour to $6.00 per hour effective July 1, 2007, to $6.45 per hour effective July 1, 2008, and to $7.00 per hour effective July 1, 2009, unless a higher minimum wage is required by the federal Fair Labor Standards Act. |
| HB 1651 - Eisenberg - Minimum wage; increase per hour. |
(H) Committee on Commerce and Labor | (H) Left in Commerce and Labor | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Increases the minimum wage from its current federally mandated level of $5.15 per hour to $6.15 per hour effective July 1, 2007, and to $7.15 per hour effective July 1, 2008, unless a higher minimum wage is required by the federal Fair Labor Standards Act. |
| HB 1654 - Toscano - Minimum wage; increase from its current federally mandated level. |
(H) Committee on Commerce and Labor | (H) Left in Commerce and Labor | 02/06/07 |
| notes:
FAILED IN COMMITTEE. The RMA opposes any increase in the minimum wage at the State Level. This legislation increases the minimum wage from its current federally mandated level of $5.15 per hour to $6.25 per hour effective July 1, 2007, and to $7.00 per hour effective July 1, 2008, unless a higher minimum wage is required by the federal Fair Labor Standards Act. |
| HB 1659 - McClellan - Retail Sales and Use Tax; limited exemption on computers and related peripheral equipment. |
(H) Committee on Finance | (H) Incorporated by Finance (HB2167-Cline) (22-Y 0-N) | 01/31/07 |
| notes:
ROLLED INTO DEL. CLINE'S BILL AND PASSED THE HOUSE. It is extremely unlikely that Senate Finance will support an expansion of the existing Sales Tax Holiday to include Computers. The Department of Taxation has been unable to provide the information needed to determine how much loss or gain of tax revenue exist from the 2006 event, |
| HB 1672 - Marshall, R.G. - Real property; establishes separate classes for purposes of taxation rates. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Establishes as separate classes of real property for purposes of real property taxation rates the following: (i) residential property and (ii) real estate devoted to agricultural use, horticultural use, forest use, or open-space use. The governing body of any county, city, or town may establish rates of taxation on each of these classes of property different from each other and different from the tax rate levied on all other real property. |
| HB 1675 - Scott, E.T. - Revenue-sharing funds; may be used to construct, etc. highway system located between localities. |
(H) Committee on Appropriations | (H) Left in Appropriations | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Provides that revenue-sharing funds may be used to construct, maintain, or improve a highway system located between two or more localities. The bill also removes certain language setting priorities for distribution of revenue-sharing funds: (i) the requirement that the governing body commit more than $1 million in general funds and (ii) the requirement that the project be administered by the city, county, or town. In addition, the bill specifies that if proffers are accepted, they shall not be used to finance the activities or improvements for which the proffer was accepted and a permit issued but used to finance construction, maintenance, or improvement to highway systems within the locality under the revenue-sharing program. Lastly, the bill provides that the Commonwealth Transportation Board shall allocate $50 million each fiscal year to satisfy all requests for matching funds under the revenue-sharing program. |
| HB 1699 - Lingamfelter - Motor vehicle license fees and taxes, local; repeals authority of imposition and collection thereof. |
(H) Committee on Counties, Cities and Towns | (H) Left in Counties, Cities and Towns | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Repeals authority of imposition and collection of local vehicle license fees and taxes. This does not affect the ability of localities to impose personal property taxes on vehicles. |
| HB 1703 - Lingamfelter - Retail Sales and Use Tax; increases amount of revenue dedicated to Transportation Trust Fund. |
(H) Committee on Appropriations | (H) Left in Appropriations | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Increases the amount of sales and use tax revenue dedicated to the Transportation Trust Fund from an amount generated by a 0.50 percent sales and use tax, to an amount generated by a 0.75 percent sales and use tax. |
| HB 1716 - Marshall, R.G. - Trucks & combination vehicles; Transp. Bd. to impose fee thereon for use of maintaining hwys. |
(H) Committee on Transportation | (H) Left in Transportation | 02/06/07 |
| notes:
FAILED IN COMMITTEE. This legislation requires the Commonwealth Transportation Board to impose a fee on trucks and combination vehicles for use in maintaining state highways. The Board is to calculate, impose, and collect a fee for damage done to highways by certain vehicles. The amount of the fee is to be based on the difference between the amount received annually by the Commonwealth from the federal government for highway maintenance and the annual cost to the Commonwealth of repairing damage done to the highways of the Commonwealth by vehicles subject to the fee. The amount of the fee and the method of payment are to be determined by the Board. The fee is to be imposed on a vehicle-by-vehicle basis, and no vehicle upon which a fee is assessed is to be operated on any highway of the Commonwealth if the fee is not paid in full on or before the date upon which payment of the fee is due. |
| HB 1728 - Lohr - Novelty cigarette lighters; sale or purchase by persons under age 18 years of age, penalty. |
(H) Committee on Militia, Police and Public Safety | (H) Left in Militia, Police and Public Safety | 02/06/07 |
| notes:
FAILED IN COMMITTEE. This legislation 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 punishable by a civil penalty 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 punishable by a civil penalty of no more than $100. |
| HB 1730 - Alexander - Real property; establishes separate classes for purposes of taxation rates. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. 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 1732 - Purkey - Escheat funds; requirement to report and remit to State Treasurer. |
(H) Committee on General Laws | (H) Left in General Laws | 02/06/07 |
| notes:
FAILED IN COMMITTEE. This legislation states that any account or property valued at $15 or less is exempt from being reported and remitted to the State Treasurer (administrator). |
| HB 1761 - Purkey - Income tax, state; worker retraining tax credit. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. This legislaion increases from 30% to 65% the percentage of the expenditures spent for worker retraining that an employer may take as an income tax credit. It also raises the maximum amount of credit per qualified employee from $100 to $1000. |
| HB 1764 - Purkey - Moist snuff; included in tobacco products tax definitions. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. This legislation adds a definition for "moist snuff" to the tobacco products definitions and taxes it at a rate of $0.25 per ounce based on net weight |
| HB 1829 - Putney - Alcoholic beverage control; small wine producer distribution license. |
(H) Committee on General Laws | (H) Incorporated by General Laws (HB2450-Saxman) | 01/30/07 |
| notes:
INCORPORATED INTO DEL. SAXMAN'S BILL AND PASSED THE HOUSE. This legislation creates a new small producer distribution license that authorizes the licensee to sell and deliver the wine produced by the licensee, in accordance with Board regulations, in closed containers, to (i) persons licensed to sell the wine at retail for the purpose of resale, § 4.1-326 notwithstanding, (ii) the Board, and (iii) persons in Virginia to whom alcoholic beverages may be lawfully sold. All deliveries of such wine by the licensee to persons in Virginia to whom alcoholic beverages may be lawfully sold shall be performed by the owner, or any agent, director, shareholder or employee of the licensee. The bill provides that, for purposes of § 4.1-234 and Chapter 6 (§ 58.1-600 et seq.) of Title 58.1, each delivery of wine by such licensee to a consumer or a retail licensee shall constitute a sale in Virginia. Licensees are required to collect the taxes due to the Commonwealth and remit any excise taxes monthly to the Board and any sales tax to the Department of Taxation. The bill defines "small wine producer" as any winery located outside the Commonwealth and licensed as such in the state where the winery is located and that is eligible for the federal tax credit pursuant to 27 CFR 24.278 and distributes no more than 10,000 cases of wine during any calendar year. The bill also grants these same privileges to certain winery and farm winery licensees. The bill sets the state license tax for this new license and requires the ABC Board to adopt emergency regulations to implement the provisions of the bill. |
| HB 1877 - Caputo - Credit report; individual who is victim of identity theft may freeze access thereto. |
(H) Committee on Commerce and Labor | (H) Stricken from docket by Commerce and Labor | 01/16/07 |
| notes:
FAILED, STRICKEN BY PATRON. This legislation authorizes an individual who is a victim of identity theft to freeze access to his credit report. If an identity theft victim 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 identity theft victim%92s express authorization. The measure provides a means by which an identity theft victim can release his report, permanently, temporarily, or to a specific third party. Certain disclosures are exempt from the freeze. A consumer reporting agency shall not charge a fee for establishing a freeze, removing a freeze, or temporarily lifting a freeze. Violations are a prohibited practice under the Consumer Protection Act. |
| HB 1878 - Caputo - Income tax, state; energy-efficient equipment deduction. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Provides an income tax deduction for taxable years beginning on or after January 1, 2007, 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 1952 - Morgan - Smoke Free Air Act; created. |
(H) Committee on General Laws | (H) Left in General Laws | 02/06/07 |
| notes:
FAILED IN COMMITTEE. This legislation 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, and private automobiles, and home-based businesses, unless used in conjunction with a licensed child care, adult day care, or health care facility; (ii) certain private functions held in public facilities; (iii) hotel or motel rooms not clearly designated as "nonsmoking" rooms that are offered for lease or rent to the public; (iv) specialty tobacco stores; and (v) tobacco manufacturers. Signs stating "Warning: Smoking Permitted" must be posted by the proprietor of any exempt building or area when smoking is allowed. 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. |
| HB 1976 - Fralin - Hotel liability; personal injury claims based on intentional conduct. |
(H) Committee for Courts of Justice | (H) Left in Courts of Justice | 02/06/07 |
| notes:
FAILED IN COMMITTEE. States that in any personal injury claim brought against a hotel by a guest or invitee for the intentional conduct of another shall be determined in the same manner as if the hotel were any other business. |
| HB 2004 - Callahan - Minimum wage; increase per hour. |
(H) Committee on Commerce and Labor | (H) Left in Commerce and Labor | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Increases the minimum wage from its current federally mandated level of $5.15 per hour to $6.15 per hour effective July 1, 2007; to $7.15 per hour effective July 1, 2008; and to $8.15 per hour effective July 1, 2009. For subsequent years, the minimum wage will be adjusted annually on July 1 to reflect changes in the Consumer Price Index for the preceding calendar year, as determined by the Commissioner of Labor and Industry. |
| HB 2005 - Callahan - Smoke Free Air Act; created. |
(H) Committee on General Laws | (H) Left in General Laws | 02/06/07 |
| notes:
FAILED IN COMMITTEE. 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, and private automobiles, and home-based businesses, unless used in conjunction with a licensed child care, adult day care, or health care facility; (ii) certain private functions held in public facilities; (iii) hotel or motel rooms not clearly designated as "nonsmoking" rooms that are offered for lease or rent to the public; (iv) specialty tobacco stores; and (v) tobacco manufacturers. Signs stating "Warning: Smoking Permitted" must be posted by the proprietor of any exempt building or area when smoking is allowed. 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. |
| HB 2060 - McQuigg - Social security numbers; penalty for intentionally communicating to general public. |
(H) Committee on General Laws | (H) Tabled in General Laws | 01/16/07 |
| notes:
FAILED IN COMMITTEE. Proscribes under the Personal Information Privacy Act and the Government Data Collection and Dissemination Practices Act the intentional communication to the general public of another's social security number regardless of whether the social security number was obtained from a public record or from a private source. The bill adds a punishment for violation of the Personal Information Privacy Act subjecting a violator to civil penalties of $1,000 per day, with each day being a separate violation. |
| HB 2067 - Cosgrove - Indoor Clean Air Act; provides unlawful for any person to smoke in certain establishments. |
(H) Committee on General Laws | (H) Left in General Laws | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Provides that it shall be unlawful for any person to smoke in any establishment built and operated after July 1, 2008 as a restaurant, unless such establishment is constructed in such a manner that areas where smoking may be permitted are structurally separated from the portion of the restaurant in which smoking is prohibited and such areas contain structurally separated ventilation systems. Additionally, the bill provides that no wait staff or busboys in such restaurants shall be required by the proprietors or person who manages or otherwise controls any such restaurant to work in smoking areas mandated by this section without consent of such employees. The bill prohibits smoking in any building owned or leased by the Commonwealth or agency thereof or any locality. The bill contains technical amendments. |
| HB 2071 - Brink - Vehicle Sales and Use Tax; increase for transportation purposes. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Increases the motor vehicle sales and use tax from 3% to 5% and dedicates the revenue generated for various transportation purposes. The authority to impose the additional tax ceases on December 31 of any year in which any of the additional revenue is not used for transportation purposes. The bill also requires the Department of Transportation to report in each odd year on the condition and needs for maintaining and operating the existing transportation infrastructure for all asset management and maintenance based on an asset management methodology. |
| HB 2116 - Hugo - Alcoholic beverage control; adds a meal-assembly kitchen license. |
(H) Committee on General Laws | (H) Stricken from docket by General Laws | 01/30/07 |
| notes:
FAILED. Adds a new license for meal-assembly kitchens, defined as any commercial establishment that offers to its customers, for off-premises consumption, ingredients for the preparation of meals and entrees in professional kitchen facilities located at the establishment. Under the terms of the license, a licensee is authorized to permit the consumption of lawfully acquired wine or beer on the premises of the licensee by any bona fide customer of the licensee and to serve wine or beer on the premises of the licensee to any such bona fide customer; however, the licensee shall not give more than two five-ounce glasses of wine or one 12-ounce glass of beer to any such customer, nor shall it sell or otherwise charge a fee to such customer for the wine or beer served or consumed. The privileges of this license shall be limited to the premises of the meal-assembly kitchen regularly occupied and utilized as such. The bill provides for state and local license taxes. |
| HB 2120 - Marshall, R.G. - Small Employer Health Insurance Exchange Act; created. |
(H) Committee on Commerce and Labor | (H) Tabled in Commerce and Labor (0-Y 0-N) | 02/01/07 |
| notes:
FAILED IN COMMITTEE. Creates the Small Employer Health Insurance Exchange as a nonprofit legal entity and charges it with providing a single, centralized market, analogous to a stock exchange, to facilitate the buying and selling of health insurance for employers with 100 or fewer employees. Employers may designate the exchange as their group health insurance plan for purposes of federal law and may allow employees to purchase health insurance coverage through the Exchange. The Exchange will offer an annual open season during which participants could select or switch coverage. After the first day of the plan year following the first regular open season conducted by the Exchange, no carrier may issue or renew a group health benefit plan for employers with 100 or fewer employees, other than through the Exchange. |
| HB 2121 - Marshall, R.G. - Health Insurance Exchange Act; created. |
(H) Committee on Commerce and Labor | (H) Tabled in Commerce and Labor (0-Y 0-N) | 02/01/07 |
| notes:
FAILED IN COMMITTEE. Creates the Virginia Health Insurance Exchange as a nonprofit legal entity and charges it with providing a single, centralized system to facilitate the buying and selling of health insurance. Employers may designate the exchange as their group health insurance plan for purposes of federal regulation and tax law and allow employees to purchase health insurance coverage through the Exchange. The Exchange would offer an annual open season during which participants could select or switch coverage. The Commonwealth is directed to enter into an agreement with the Exchange to be the sponsor of a participating employer plan on behalf of current and retired state employees. After the first day of the plan year following the first regular open season conducted by the Exchange, no carrier may issue or renew an individual or small employer group health benefit plan, other than through the Exchange. Effective January 1, 2009, individuals are required to shall offer proof of their ability to pay for medical care for themselves and their dependents by either having insurance overage or posting a $10,000 bond or letter of credit |
| HB 2122 - Marshall, R.G. - Health Insurance Risk Transfer Plan; created. |
(H) Committee on Commerce and Labor | (H) Tabled in Commerce and Labor (0-Y 0-N) | 02/01/07 |
| notes:
FAILED IN COMMITTEE. Establishes the Virginia Health Insurance Risk Transfer Plan as a nonstock corporation, and every health insurance carrier writing health insurance in the Commonwealth, except Medicaid-only health maintenance organizations and certain other carriers, shall be a member. Self-funded health insurance plans may also become members, provided that, if they join the pool, they are required to remain liable for Pool assessments for three years after withdrawing from the Plan. Voting power is allocated based on the number of covered individuals, provided members will have no more than 49 percent of the voting power. The Plan is directed to submit to the Commissioner of Insurance a proposed plan of operation that provides for the creation of a reinsurance pool. Members may cede risk to the reinsurance pool. Plan members ceding a risk to the Pool shall pay the Pool a premium determined by the rules governing the Pool. |
| HB 2156 - O'Bannon - Health insurance; mandated coverage for evaluations of brain tumors. |
(H) Committee on Commerce and Labor | (H) Tabled in Commerce and Labor | 01/16/07 |
notes:
FAILED IN COMMITTEE. Requires health insurers, health maintenance organizations, and corporations providing healthcare coverage subscription contracts to provide coverage for a second opinion evaluation, at a medical center designated by the National Cancer Institute as a comprehensive cancer center, of a brain tumor that has been diagnosed as a primary malignant brain tumor.
|
| HB 2167 - Cline - Retail Sales and Use Tax; limited exemption on computers and related peripheral equipment. |
(H) Committee on Finance
(S) Committee on Finance | (S) Left in Finance | 02/13/07 |
| notes:
THIS BILL FAILED IN SENATE FINANCE. Provides a sales and use tax exemption, during a three-day period each year beginning on the first Friday in August, for (i) computer systems where the selling price for each system is $1,500 or less and (ii) computers, computer hardware, computer software, and portable calculators where the selling price for each item is $500 or less. |
| HB 2190 - Hull - Motor fuels tax; rate increase. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. 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 2192 - Hull - Retail Sales & Use Tax; retailers to report total sales exempt therefrom. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. The RMA will oppose this legislation. The legislation would requires retailers to report the total sales that are exempt from the retail sales and use tax as a result of the annual sales tax holiday in August when filing their monthly sales and use tax returns beginning in 2007. |
| HB 2193 - Hull - Local government; equalizes municipal and county taxing authorities. |
(H) Committee on Counties, Cities and Towns | (H) Left in Counties, Cities and Towns | 02/06/07 |
| notes:
FAILED IN COMMITTEE. The RMA opposes any changes to the taxing authority granted by the General Assembly to Counties. This legislation would equalizes municipal and county taxing authority by granting a county the same authority available to a municipality through the uniform charter powers if such county contributes two percent or more toward the costs of construction or improvement of the urban system highway or street construction projects within the county. |
| HB 2224 - Wardrup - Business, professional and occupational license (BPOL) tax; media exemption. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. The RMA supports the repeal of the BPOL Tax. This legislation would take away the exemption from BPOL for newspapers, magazines, newsletters, or other publications issued daily or regularly at average intervals not exceeding three months. |
| HB 2245 - Howell, A.T. - Smoke Free Air Act; created. |
(H) Committee on General Laws | (H) Left in General Laws | 02/06/07 |
| notes:
FAILED IN COMMITTEE. This legislation 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, and private automobiles, and home-based businesses, unless used in conjunction with a licensed child care, adult day care, or health care facility; (ii) certain private functions held in public facilities; (iii) hotel or motel rooms not clearly designated as "nonsmoking" rooms that are offered for lease or rent to the public; (iv) specialty tobacco stores; and (v) tobacco manufacturers. Signs stating "Warning: Smoking Permitted" must be posted by the proprietor of any exempt building or area when smoking is allowed. 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. |
| HB 2286 - Watts - Loitering; prohibited in the rights-of-way of certain highways. |
(H) Committee on Transportation | (H) Left in Transportation | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Prohibits loitering in the right-of-way of any highway on which the Commissioner has posted signs prohibiting such activity. |
| HB 2315 - Welch - Meals tax; referendum required in certain cities. |
(H) Committee on Finance
(S) Committee on Finance | (S) Failed to report (defeated) in Finance (3-Y 12-N) | 02/14/07 |
notes:
FAILED IN SENATE FINANCE. The RMA supports this legislation, it would restrict the imposition in any city having a population of 100,000 or more of any new meals tax or tax rate increase without approval by referendum
|
| HB 2338 - Gilbert - Transient occupancy tax; gives each town authority to preempt within town. |
(H) Committee on Finance | (H) Stricken from docket by Finance | 01/31/07 |
| notes:
FAILED, STRICKEN BY PATRON. This legislation gives each town the authority to preempt a county's transient occupancy tax within the town, whether the county's tax is pursuant to the authority under § 58.1-3819 or to authority under other previous law. Under current law such preemption applies only to a county's transient occupancy tax imposed pursuant to § 58.1-3819. |
| HB 2388 - May - License tax; exempt business providing electronic payment services for financial institutions. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. This legislation permits any locality to exempt in whole or in part from local license taxes businesses that are primarily engaged in providing electronic payments processing services for financial institutions, that first have a definite place of business within a Multicounty Transportation Improvement District on or after July 1, 2008, and upon whose property a special improvements tax is being levied under § 15.2-4607. The bill also authorizes any locality to provide the same businesses with grants or contractual payments or benefits when warranted by the economic or other benefit the locality will receive. The provisions of the bill expire on June 30, 2016 |
| HB 2443 - Frederick - License taxes; repeals those that are local. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. This legislation repeals local license (BPOL) taxes. The RMA will support this legislation. |
| HB 2463 - Oder - Regional transportation authorities; created. |
(H) Committee on Transportation | (H) Failed to pass in House | 02/07/07 |
| notes:
Provides a mechanism for the establishment of regional transportation authorities embracing three or more contiguous localities. |
| HB 2464 - Marshall, D.W. - Motor fuels and road taxes; rates and refunds. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. This legislation increases the motor fuels tax rate by $0.05 per gallon from $0.175 to $0.225 for gasoline and from $0.16 to $0.21 for diesel, effective January 1, 2008, and ending February 1, 2009. Effective February 1, 2009, the rates increase an additional $0.05 to $0.275 and $0.26, respectively, if a constitutional amendment making the Transportation Trust Fund a permanent fund is approved by the voters during the 2008 general election. The road tax is maintained at the current additional three cents per gallon. It also provides a $50 refund in 2008 through 2010 to households in which the total income is $25,000 or less annually. |
| HB 2499 - Orrock - Transient occupancy tax; grants authority to impose extra for local transportation needs. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. This legislation grants authority to most counties to impose an extra two percent transient occupancy tax to be used solely for local transportation needs. |
| HB 2508 - Jones, D.C. - Minimum wage; increase per hour. |
(H) Committee on Commerce and Labor | (H) Left in Commerce and Labor | 02/06/07 |
| notes:
FAILED IN COMMITTEE. This legislation increases the minimum wage from its current federally mandated level of $5.15 per hour to $5.85 per hour effective July 1, 2007, to $6.55 per hour effective July 1, 2008, and to $7.25 per hour effective July 1, 2009, unless a higher minimum wage is required by the federal Fair Labor Standards Act. |
| HB 2543 - Lingamfelter - Motor vehicle repair labor rates; SCC to conduct quarterly surveys of operators of repair facility. |
(H) Committee on Commerce and Labor | (H) Stricken from docket by Commerce and Labor | 01/30/07 |
| notes:
FAILED, STRICKEN FROM DOCKET. This legislation requires the State Corporation Commission to conduct quarterly surveys of a sample of motor vehicle repair facilities in the Commonwealth to collect information regarding their hourly labor rates for body repair work. The results, including information for each Department of Transportation Regional Districts, shall be available to the public and posted to the Bureau of Insurance website. No person shall be required to pay rates for body repair work based on the results of the surveys |
| HB 2548 - Ebbin - Retail Sales and Use Tax; increase authorized in Northern Virginia localities. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. This legislation authorizes Arlington County, Fairfax County, the City of Alexandria, the City of Fairfax, and the City of Falls Church to impose an additional 0.25% local sales and use tax. The revenue is to be used solely for each locality's financial obligations to the Washington Metropolitan Area Transit Authority. The authority to impose the additional tax is contingent on matching federal funds being appropriated and distributed to the Washington Metropolitan Area Transit Authority |
| HB 2552 - Ebbin - Gift certificates; prohibit issuer thereof from charging maintenance fee, etc. |
(H) Committee on Commerce and Labor | (H) Failed to report (defeated) in Commerce and Labor (7-Y 10-N) | 01/23/07 |
| notes:
FAILED IN COMMITTEE. This legislation expands the existing provisions regarding gift certificate disclosures to prohibit the issuer of a gift certificate from charging a maintenance fee, service fee, inactivity fee, or other fee on the gift certificate. Gift certificate issuers are also prohibited from placing an expiration date or otherwise limiting the time for the redemption of a gift certificate and from issuing a gift certificate that diminishes in value over time unless the gift certificate was issued pursuant to an awards or loyalty program where no money or thing of value exchanged or was donated to a charitable organization. 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. The definition also includes card-activated prepaid long distance telephone service. The measures apply to all issuers of gift certificates in the Commonwealth; currently, the gift certificate disclosure requirements apply only to merchants. |
| HB 2559 - Brink - BPOL tax; commissioner of revenue to accept estimated payments thereof based on preceding year. |
(H) Committee on Finance | (H) Stricken from docket by Finance | 01/31/07 |
| notes:
FAILED, STRICKEN FROM DOCKET. This legislation authorizes the local commissioner of the revenue to accept estimated payments of BPOL tax based on the amount paid by the taxpayer in the immediately preceding taxable year. |
| HB 2562 - Ware, R.L. - Health insurance claims; joint payment thereof. |
(H) Committee on Commerce and Labor | (H) Failed to report (defeated) in Commerce and Labor (9-Y 12-N) | 02/01/07 |
| notes:
FAILED IN COMMITTEE. This legislation requires every health insurer, health services plan, or health maintenance organization, when paying a claim for services rendered by a health care provider that does not participate in the provider panel, to pay the claim by sending a check made payable to both the insured, subscriber, or member and to the nonparticipating health services provider. The RMA opposes any attempt to pay out of network providers directly. |
| HB 2600 - Plum - Protection of disposed records; businesses to take measures to protect against unauthorized access. |
(H) Committee on Commerce and Labor | (H) Tabled in Commerce and Labor | 01/25/07 |
| notes:
FAILED IN COMMITTEE. Requires businesses to take all reasonable measures to protect against unauthorized access to or use of personal information in connection with or after its disposal. Reasonable measures include policies and procedures requiring the burning, pulverizing or shredding of papers containing personal information so that the information cannot be read or reconstructed and the destruction or erasure of electronic media so that the information cannot be read or reconstructed. A violation constitutes a prohibited practice under the Virginia Consumer Protection Act. |
| HB 2606 - Watts - Motor fuels tax; rate increase. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. This legislation increases the tax on gasoline, diesel fuel, and alternative fuel by $0.10 per gallon; increases the motor carrier road tax by an equivalent of $0.10 per gallon of fuel used in the Commonwealth; 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). All motor fuels taxes will be indexed every two years beginning July 1, 2008, by an amount equal to the percentage change in the U.S. Department of Labor's Producer Price Index for Highway and Street Construction. The revenue generated is used for transportation purposes as required by existing law. |
| HB 2634 - Reid - Tax legislation; requires a sunset date of no more than four years thereon. |
(H) Committee on Rules | (H) Tabled in Rules | 01/31/07 |
| notes:
FAILED IN COMMITTEE. This legislation requires a sunset date of no more than four years on all taxation bills that add new taxes or increase tax rates. |
| HB 2675 - Ware, O. - Business licenses, beginning; all taxes owed to locality to be paid before issuance. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. This legislation provides that the governing body of any county, city, or town may require that no beginning business license for a beginning business shall be issued until the applicant has produced satisfactory evidence that all properly assessed delinquent business license, personal property, meals, transient occupancy, severance, and admissions taxes owed by the business to the county, city, or town have been paid. |
| HB 2681 - Frederick - Credit reports; authorizes any consumer to freeze access to his. |
(H) Committee on Commerce and Labor | (H) Tabled in Commerce and Labor | 01/23/07 |
| notes:
FAILED IN COMMITTEE. This legislation authorizes any consumer to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer%92s express authorization. The measure provides a means by which a consumer can release his report permanently, temporarily, or to a specific third party. Consumer reporting agencies may charge a consumer up to $20 for each freeze, removal of the freeze, or temporary lift of the freeze. A violation is a prohibited practice under the Consumer Protection Act. |
| HB 2687 - Reid - Unfair employment practices; discharging employees when unauthorized aliens are employed. |
(H) Committee on Commerce and Labor
(S) Committee for Courts of Justice | (S) Passed by indefinitely in Courts of Justice (11-Y 4-N) | 02/14/07 |
| notes:
FAILED IN SENATE COURTS. This legislation states that it is an unfair employment practice for an employer to discharge any United States citizen or legally authorized worker if the employer, on the date of the discharge, employed an unauthorized alien within the Commonwealth. Employers that are enrolled and participate in the federal Basic Pilot Program, or are exempt from compliance with federal employment verification procedures under federal law, are not subject to this measure. Someone discharged in violation of this unfair employment practice is entitled to recover treble damages, including lost wages from the date of the discharge until the date the employee has procured new employment, or 120 days, whichever occurs earlier, and reasonable attorney%92s fees and costs. |
| HB 2689 - Oder - Smoke Free Air Act; created. |
(H) Committee on General Laws | (H) Left in General Laws | 02/06/07 |
| notes:
FAILED IN COMMITTEE. This legislation 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, and private automobiles, and home-based businesses, unless used in conjunction with a licensed child care, adult day care, or health care facility; (ii) certain private functions held in public facilities; (iii) hotel or motel rooms not clearly designated as "nonsmoking" rooms that are offered for lease or rent to the public; (iv) specialty tobacco stores; and (v) tobacco manufacturers. Signs stating "Warning: Smoking Permitted" must be posted by the proprietor of any exempt building or area when smoking is allowed. 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. |
| HB 2705 - Hugo - Recordation tax; dedicated for transportation. |
(H) Committee on Appropriations | (H) Stricken from docket by Appropriations | 01/31/07 |
| notes:
FAILED, STRICKEN FROM DOCKET. Dedicates state recordation tax revenues not already dedicated for transportation projects in each highway construction district throughout the Commonwealth on a pro rata basis pursuant to the amount of the recordation tax collected in the localities in each such district. The bill also creates a transportation program for each highway construction district (similar to the Northern Virginia Transportation Program) as the means by which the revenues are distributed. In addition, the revenues may be used to issue bonds annually with a face value up to two-thirds of the amount of revenue estimated to be dedicated for each respective fiscal year, with the bond proceeds distributed to each transportation program on the same pro rata basis. For all the transportation programs other than that for Northern Virginia and that for Hampton Roads, the Commonwealth Transportation Board shall determine the transportation projects to be funded. The transportation projects to be funded in Northern Virginia shall be as determined by the Northern Virginia Transportation Authority. The transportation projects to be funded in Hampton Roads shall be as determined by the Hampton Roads Metropolitan Planning Organization with the advice and consent of the members of the House Appropriations and Senate Finance Committees residing in Planning District 23. |
| HB 2719 - Barlow - Cigarette tax; authorizes any county to impose. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. This legislation 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 2739 - Englin - Retail Sales and Use Tax; exemptions include Energy Star certified products. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. This legislation exempts certain energy-efficient products from sales and use tax. |
| HB 2746 - Englin - Real estate tax; assessment of real property by localities. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. This legislation allows localities to impose a local income tax if they freeze the amount of real estate tax collections as of the date the local income tax is adopted. Prior to adopting the tax, there must be a referendum approving it, and the local governing body must adopt an ordinance. Localities will continue to assess real property as they normally would. The purpose of the local income tax is to make up the revenues that would have been collected from the real property tax if the collections amount had not been frozen. |
| HB 2771 - Hurt - Larceny; charging of crime. |
(H) Committee for Courts of Justice
(S) Committee for Courts of Justice | (S) Passed by indefinitely in Courts of Justice (14-Y 0-N) | 02/19/07 |
| notes:
FAILED IN SENATE COURTS. This legislation provides that any charge of larceny or an offense deemed to be larceny (e.g., embezzlement) may be charged under the larceny statute and need not be charged with absolute specificity (e.g., larceny of banknotes pursuant to § 18.2-98). |
| HB 2775 - Janis - Larceny, aggravated; person who commits assault or assault & battery while in commission thereof. |
(H) Committee for Courts of Justice | (H) Left in Courts of Justice | 02/06/07 |
| notes:
FAILED, STRICKEN FROM DOCKET. This legislation was introduced at the request of the RMA's Security and Loss Prevention Association. For this legislation to pass there will be a need for real examples of retail employees being assualted when a person is committing shoplifting (larceny). The legislation provides that any person who commits assault or assault and battery while in the commission of, or in furtherance of, a larceny not from the person of another is guilty of aggravated larceny. |
| HB 2784 - Morgan - Electric utility restructuring; rates for customers receiving default service rates. |
(H) Committee on Commerce and Labor | (H) Stricken from docket by Commerce and Labor | 01/18/07 |
| notes:
FAILED, STRICKEN FROM DOCKET. The RMA is following closely legislation addressing the restructuring act. This legislation provides that effective January 1, 2008, the rates for customers receiving default service will be determined by the State Corporation Commission based on the cost of service under the provisions of Chapter 10 of Title 56. The measure also clarifies that the Electric Utility Restructuring Act's provisions do not modify or impair the terms of orders approving the divestiture of an electric utility's generation assets. Currently the Act provides that through December 31, 2010, default service rates are a utility's capped rates, and that thereafter default service rates for utilities (other than distribution cooperatives) will be based on prices in competitive regional markets. |
| HB 2804 - Byron - Credit reports; authorizes an individual over age 65 to freeze thereto. |
(H) Committee on Commerce and Labor | (H) Tabled in Commerce and Labor | 01/23/07 |
| notes:
FAILED IN COMMITTEE. This legislation authorizes an individual who is over the age of 65 to freeze access to his credit report. If such a person 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 person%92s express authorization. The measure provides a means by which a consumer can release his report permanently, temporarily, or to a specific third party. Consumer reporting agencies may charge a fee not to exceed $20 for each freeze, removal of the freeze, or temporary lift of the freeze. A violation of this measure is a prohibited practice under the Virginia Consumer Protection Act |
| HB 2806 - Byron - Commissioners of revenue; deny license for those without legal documents for employment in U.S. |
(H) Committee on Finance
(S) Committee on Finance | (S) Left in Finance | 02/20/07 |
| notes:
FAILED, LEFT IN SENATE FINANCE.This legislation grants local commissioners of the revenue the power to deny or revoke business licenses of persons who are aliens and who cannot provide legal documents proving they are legally eligible to be employed in the United States |
| HB 2807 - Byron - Enterprise zone grants; allows businesses to apply for additional appropriations. |
(H) Committee on Appropriations | (H) Left in Appropriations | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Allows businesses to apply for additional enterprise zone grant moneys when grant requests exceed original appropriations and additional funds are appropriated by the General Assembly. |
| HB 2842 - Hall - Pharmacist; requirement that sell and dispense drugs. |
(H) Committee on Health, Welfare and Institutions | (H) Stricken from docket by Health, Welfare and Institutions | 01/23/07 |
| notes:
FAILED, STRICKEN FROM DOCKET. Requires a licensed pharmacy to sell and dispense drugs and devices regardless of any owners' or employees' religious or other personal beliefs. Requires that where a drug or device is not in stock at a pharmacy, a pharmacy shall (i) attempt to obtain the drug or device pursuant to standard reordering procedures or (ii) attempt to locate the drug or device at a pharmacy of the patient's choice and, if the drug or device is by prescription, transfer the prescription to that pharmacy. Creates an exception where there is a valid medical reason to refuse to sell or dispense a drug or device. |
| HB 2849 - Moran - Minimum wage; increase per hour. |
(H) Committee on Commerce and Labor | (H) Left in Commerce and Labor | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Increases the minimum wage from its current federally mandated level of $5.15 per hour to $6.15 per hour effective July 1, 2007, and to $7.25 per hour effective July 1, 2008, unless a higher minimum wage is required by the federal Fair Labor Standards Act. |
| HB 2865 - McEachin - Unemployment compensation; exclusion for temporary staffing services. |
(H) Committee on Commerce and Labor | (H) Tabled in Commerce and Labor | 01/23/07 |
| notes:
FAILED IN COMMITTEE. Excludes services provided by an individual in the employ of a temporary staffing service from the definition of "employment" for purposes of unemployment compensation. |
| HB 2873 - McEachin - Minimum wage; increase per hour. |
(H) Committee on Commerce and Labor | (H) Left in Commerce and Labor | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Increases the minimum wage from its current federally mandated level of $5.15 per hour to $7.25 per hour effective July 1, 2007, unless a higher minimum wage is required by the federal Fair Labor Standards Act. |
| HB 2874 - McEachin - Retail Sales and Use Tax; distribution of local use tax revenues. |
(H) Committee on Appropriations | (H) Left in Appropriations | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Provides that the Tax Commissioner shall use a method to distribute local use tax revenues that provides more accuracy than the use of zip codes for distributing the local use tax to the actual city or county in which the tangible personal property is used. |
| HB 2877 - McEachin - Human papillomavirus vaccinations; requires health insurers to provide coverage thereof. |
(H) Committee on Commerce and Labor | (H) Tabled in Commerce and Labor | 01/23/07 |
| notes:
FAILED IN COMMITTEE. Requires health insurers, healthcare subscription plans, and health maintenance organizations to provide coverage for the cost of human papillomavirus vaccinations for women in accordance with recommendations of the Center for Disease Control's Advisory Committee on Immunization Practices |
| HB 2881 - Phillips - Priority Transportation Fund; dedicates revenues from motor vehicle insurance license tax thereto. |
(H) Committee on Appropriations | (H) Incorporated by Appropriations (HB3202-Howell, W.J.) | 01/31/07 |
| notes:
INCORPORATED INTO HB3202. Dedicates the revenues from the motor vehicle insurance license tax in each fiscal year to the Priority Transportation Fund and repeals the current dedication to the Fund of one-third of the estimated revenues from all insurance license taxes |
| HB 2925 - Rust - Retail Sales and Use Tax; limited exemption on computers and related peripheral equipment. |
(H) Committee on Finance | (H) Incorporated by Finance (HB2167-Cline) | 01/31/07 |
| notes:
INCORPORTATED INTO HB2167. Adds computers and related peripheral equipment to the list of items that are exempt from the sales and use tax during a three-day period the first weekend in August, beginning in 2007. The exemption shall only apply to a selling price of $1,500 or less for such computers and equipment. |
| HB 2929 - Miller, J.H. - License fees; authorizes local body to charge according to gross receipts of business. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Authorizes any county, city, or town to impose a business license fee in an amount not to exceed $1,000 and to vary the amount of the fee according to the amount of the gross receipts of the business. Under current law, the maximum fee is $50 for localities having a population of 25,000 or more and $30 for localities having a population of less than 25,000. The bill does not alter current law that permits localities to impose a license tax on any business on which a license fee is not imposed. |
| HB 2930 - Miller, J.H. - Business and state licenses, local; denied or suspended if business employs unlawful workers. |
(H) Committee on Finance | (H) Incorporated by Finance (HB3130-Byron) | 01/31/07 |
| notes:
INCORPORATED INTO HB3130. Provides that local business licenses and state licenses shall be denied or suspended if the business employes or uses unlawful workers. |
| HB 2940 - Miller, J.H. - Retail Sales and Use Tax; exemptions include personal computers and computer printers. |
(H) Committee on Finance | (H) Incorporated by Finance (HB2167-Cline) | 01/31/07 |
| notes:
INCORPORATED INTO HB2167Provides an exemption from sales and use tax on personal computers and computer printing equipment with a selling price of $2,000 or less purchased during the three-day period beginning each year on the first Friday of August and ending on the first Sunday in August |
| HB 2949 - Wittman - Health insurance; mandated coverage for treatment by intensity modulated radiation therapy. |
(H) Committee on Commerce and Labor | (H) Tabled in Commerce and Labor (0-Y 0-N) | 02/01/07 |
| notes:
FAILED IN COMMITTEE. Requires health insurers, health maintenance organizations, and corporations providing health care coverage subscription contracts to provide coverage for the treatment by intensity modulated radiation therapy of tumors when such treatment is performed pursuant to protocol dose volume constraints approved by the institutional review board of any United States medical teaching college or the National Cancer Institute. The requirement for coverage applies only if the patient resides within a medically underserved area of the Commonwealth. |
| HB 2960 - Bell - Hotel or restaurant services; failure to pay charges, penalty. |
(H) Committee on Appropriations | (H) Left in Appropriations | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Provides that failure to pay charges at a hotel, motel, campground, boardinghouse, restaurant, eating house, or amusement park for food, entertainment or accommodation is larceny, making the offense subject to the provision that a third larceny conviction, regardless of the amount, is a Class 6 felony. If the value of the service received is $200 or less, the penalty will remain a Class 1 misdemeanor; if it is $200 or more, the offense will be grand larceny, punishable by imprisonment in a state correctional facility for not less than one nor more than 20 years or, in the discretion of the jury or of court trying the case without a jury, confinement in jail not exceeding 12 months or a fine not more than $2,500, either or both. |
| HB 2963 - Bell - Credit reports; authorizes any consumer to freeze access thereto. |
(H) Committee on Commerce and Labor | (H) Tabled in Commerce and Labor | 01/23/07 |
| notes:
FAILED IN COMMITTEE. Authorizes any consumer to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report or any information in it without the consumer%92s express authorization. The measure provides a means by which a consumer may release his report, permanently, temporarily, or to a specific third party. Consumer reporting agencies may charge a consumer up to $10 for each freeze, removal of the freeze, or temporary lift of the freeze; however, no charge shall be assessed to victims of identity theft. A violation is a prohibited practice under the Consumer Protection Act. |
| HB 2997 - Scott, J.M. - Motor fuels tax; modifies rates of taxation. |
(H) Committee on Finance | (H) Left in Finance | 02/06/07 |
| notes:
FAILED IN COMMITTEE. 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, 7.3% for gasoline and gasohol, and 6.5% 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 3040 - BaCote - Motor fuel; failure to pay. |
(H) Committee for Courts of Justice | (H) Left in Courts of Justice | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Provides that for the purposes of the $250 civil penalty for driving off and failing to pay for motor fuel, there is a rebuttable presumption that the owner, lessee, or renter of the vehicle that was involved was the operator of the vehicle. |
| HB 3050 - Morgan - Electric utilities; repeals provisions of Electric Utility Restructuring Act. |
(H) Committee on Commerce and Labor | (H) Failed to report (defeated) in Commerce and Labor (7-Y 11-N) | 02/01/07 |
| notes:
FAILED IN COMMITTEE. Repeals provisions of the Virginia Electric Utility Restructuring Act effective January 1, 2008. The measure authorizes the State Corporation Commission to provide for recovery of the costs of new generation facilities through the utility's rate base or through rate surcharges, adders, or other recovery mechanisms as are in the public interest. The Commission is also authorized to approve a performance-based rate-making methodology for electric utilities, which tracks the current provision for gas utilities. Provisions of the Restructuring Act that are not repealed by this measure include those that address the construction of a coal-fired plant in Southwest Virginia, net energy metering, electric energy emergencies, and permitting for electrical generating facilities. |
| HB 3054 - Jones, D.C. - Minimum wage; increases from its current federally mandated level. |
(H) Committee on Commerce and Labor | (H) Left in Commerce and Labor | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Increases the minimum wage from its current federally mandated level of $5.15 per hour to $6.15 per hour effective July 1, 2007, and to $7.25 per hour effective July 1, 2008, unless a higher minimum wage is required by the federal Fair Labor Standards Act. The measure also repeals the existing exclusion for persons who have reached age 65 from the definition of an employee under the Virginia Minimum Wage Act. |
| HB 3056 - Callahan - Credit reports; authorizes an individual to freeze access to his. |
(H) Committee on Commerce and Labor | (H) Tabled in Commerce and Labor | 01/23/07 |
| notes:
FAILED IN COMMITTEE. |
| HB 3072 - Orrock - Local vehicle license taxes and fees; counties to charge additional annual fee. |
(H) Committee on Transportation | (H) Incorporated by Transportation (HB2227-Wardrup) | 02/03/07 |
| notes:
INCORPORATED INTO HB2227. Allows counties that assume responsibility for maintenance of certain subdivision streets to charge an additional annual local vehicle license fee of no more than $10 per motor vehicle. |
| HB 3074 - Fralin - Integrated Directional Signing Program; VDOT to erect attraction signs on interstates. |
(H) Committee on Transportation | (H) Left in Transportation | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Directs the Department of Transportation to erect attraction signs on interstates directing travelers to the attraction using a connecting interstate when the distance to the attraction using the connecting interstate is within 15 miles of the attraction sign. |
| HB 3092 - Johnson - Driver's license numbers; nonissuance of license to persons with bona fide religious objections. |
(H) Committee on Transportation | (H) Left in Transportation | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Provides for nonissuance of driver's license numbers to persons with bona fide religious objections to issuance of such numbers. |
| HB 3155 - Lewis - Electric power generation assets; State Corporation Commission's approval of divestiture. |
(H) Committee on Commerce and Labor | (H) Tabled in Commerce and Labor (0-Y 0-N) | 02/01/07 |
| notes:
FAILED IN COMMITTEE. Provides that nothing in Title 56 shall modify or impair the terms of a State Corporation Commission order that approved the divestiture of generation assets of an electric utility. |
| HB 3160 - Marshall, D.W. - Health insurance; policies to protect uninsured. |
(H) Committee on Commerce and Labor | (H) Tabled in Commerce and Labor (0-Y 0-N) | 02/01/07 |
| notes:
FAILED IN COMMITTEE. Authorizes health insurers, health plans, and health maintenance organizations to offer "Protect the Uninsured" (PTU) policies. PTU polices may be sold to small employers with no more than 50 employees, to provide coverage for their employees who have been uninsured for the preceding six months. The coverage provided under a PTU policy will be determined at the discretion of the health insurer issuing the policy, and specifically is not required to include state-mandated health benefits. |
| HJ 624 - Brink - Constitutional amendment; localities to exempt from taxation percentage of value of prop. (1st ref). |
(H) Committee on Privileges and Elections | (H) Left in Privileges and Elections | 02/06/07 |
| notes:
FAILED |
| SB 758 - Stosch - Minimum Wage Act; repeals exclusion for persons who are 65 thereunder. |
(H) Committee on Commerce and Labor
(S) Committee on Commerce and Labor | (G) Approved by Governor-Chapter 816 (effective 7/1/07) | 03/23/07 |
| notes:
PASSED THE SENATE. Repeals the existing exclusion for persons who have reached age 65 from the definition of an employee under the Virginia Minimum Wage Act. |
| SB 762 - Cuccinelli - Alcoholic beverage control; adds a meal-assembly kitchen license. |
(S) Committee on Rehabilitation and Social Services | (S) Failed to report (defeated) in Rehabilitation and Social Services (4-Y 11-N) | 01/12/07 |
| notes:
FAILED IN COMMITTEE. Adds a new license for meal-assembly kitchens, defined as any commercial establishment that offers to its customers, for off-premises consumption, ingredients for the preparation of meals and entrees in professional kitchen facilities located at the establishment. Under the terms of the license, a licensee is authorized to permit the consumption of lawfully acquired wine or beer on the premises of the licensee by any bona fide customer of the licensee and to serve wine or beer on the premises of the licensee to any such bona fide customer; however, the licensee shall not give more than two five-ounce glasses of wine or one 12-ounce glass of beer to any such customer, nor shall it sell or otherwise charge a fee to such customer for the wine or beer served or consumed. The privileges of this license shall be limited to the premises of the meal-assembly kitchen regularly occupied and utilized as such. The bill provides for state and local license taxes. |
| SB 766 - Locke - Minimum wage; increase per hour. |
(S) Committee on Commerce and Labor | (S) Incorporated by Commerce and Labor (SB1327-Colgan) (15-Y 0-N) | 01/29/07 |
| notes:
INCORPORATED INTO SB1327. Increases the minimum wage from its current federally mandated level of $5.15 per hour to $6.15 per hour effective July 1, 2007, unless a higher minimum wage is required by the federal Fair Labor Standards Act. |
| SB 910 - Obenshain - Alcoholic beverage control; definition of public place. |
(S) Committee on Rehabilitation and Social Services | (S) Passed by indefinitely in Rehabilitation and Social Services (14-Y 0-N) | 01/19/07 |
| notes:
FAILED IN COMMITTEE. Includes in the definition of public place any sidewalk adjoining highways, streets, or lanes. |
| SB 946 - Quayle - Credit reports; authorizes an individual under age of 18 and over 65 to freeze access thereto. |
(S) Committee for Courts of Justice | (S) Letter sent to the Governor | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Authorizes an individual who is under the age of 18, over the age of 65 if living in a nursing facility or other institution, or a veteran to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer's express authorization. The measure provides a means by which a consumer can release his report permanently, temporarily, or to a specific third party. Consumer reporting agencies may charge a consumer up to $10 for each freeze, removal of the freeze, or temporary lift of the freeze. A person violating the requirements is liable to an injured person for the greater of actual damages or $1,000, and reasonable costs and attorney fees. |
| SB 965 - Puller - Criminal cases; increases compensation of experts. |
(H) Committee on Appropriations
(S) Committee on Finance | (H) Left in Appropriations | 02/20/07 |
| notes:
FAILED, LEFT IN HOUSE APPROPRIATIONS. |
| SB 978 - Edwards - Methamphetamine precursors; electronic log. |
(S) Committee for Courts of Justice | (S) Left in Courts of Justice | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Requires that the log currently required to be maintained by sellers of products containing ephedrine, pseudoephedrine, or any of their salts or isomers or any salts of isomers must be kept in electronic format. The Board of Pharmacy is required to establish and maintain the log and ensure that the log is capable of checking compliance against all state, local and federal laws, including interfacing with other states to ensure comprehensive compliance. |
| SB 991 - Blevins - Health insurance; coverage for bone marrow transplants. |
(S) Committee on Commerce and Labor | (S) Pursuant to Section 2.2-2504 of the Code of Virginia | 01/17/07 |
| notes:
Repeals the provision that requires health insurers, health care subscription plans, and health maintenance organizations to offer and make available coverage for the treatment of breast cancer by dose-intensive chemotherapy/autologous bone marrow transplants. The existing requirement that health insurers, health care subscription plans, and health maintenance organizations offer and make available coverage for the treatment of breast cancer by stem cell transplants is unchanged. |
| SB 1011 - Saslaw - Business, professional, and occupational license tax (BPOL); motor fuels tax exemption. |
(S) Committee on Finance | (S) Incorporated by Finance (SB772-Watkins) (15-Y 0-N) | 01/17/07 |
| notes:
INCOPORATED INTO SB772. Clarifies that the motor fuels tax is exempt from gross receipts for purposes of the BPOL tax. |
| SB 1161 - Bell - Smoke Free Air Act; created. |
(H) Committee on General Laws
(S) Committee on Education and Health | (H) Left in General Laws | 02/20/07 |
| notes:
FAILED IN HOUSE GENERAL LAWS. 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, and private automobiles, and home-based businesses, unless used in conjunction with a licensed child care, adult day care, or health care facility; (ii) certain private functions held in public facilities; (iii) hotel or motel rooms not clearly designated as "nonsmoking" rooms that are offered for lease or rent to the public; (iv) specialty tobacco stores; and (v) tobacco manufacturers. Signs stating "Warning: Smoking Permitted" must be posted by the proprietor of any exempt building or area when smoking is allowed. 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 1163 - Bell - Transportation Trust Fund; additional sources of revenues. |
(S) Committee on Finance | (S) Left in Finance | 02/07/07 |
| notes:
Dedicates for transportation purposes all insurance license tax revenues relating to automobile insurance policies. The bill also creates a new source of revenue for the transportation. Upon conviction of certain dangerous driving offenses and traffic infractions for which the Department of Motor Vehicles assigns six demerit points, a court shall order the offender to make a payment into the Transportation Trust Fund. The court shall collect the payments on behalf of the Commonwealth and remit the payments to the Fund. Finally, the bill dedicates the unallocated funds in the first year of the 2006-2008 budget to the Transportation Trust Fund. |
| SB 1164 - Bell - Alcoholic beverage control; small wine producer distribution license. |
(S) Committee on Rehabilitation and Social Services | (S) Incorporated by Rehabilitation and Social Services (SB1413-Hanger) (14-Y 0-N) | 01/26/07 |
| notes:
INCORPORATED INTO SB1413. Creates a new small producer distributor license that authorizes the licensee to sell and deliver the wine produced by the licensee, in accordance with Board regulations, in closed containers, to (i) persons licensed to sell the wine at retail for the purpose of resale, § 4.1-326 notwithstanding, (ii) the Board, and (iii) persons in Virginia to whom alcoholic beverages may be lawfully sold. All deliveries of such wine by the licensee to persons in Virginia to whom alcoholic beverages may be lawfully sold shall be performed by the owner, or any agent, director, shareholder or employee of the licensee. The bill provides that, for purposes of § 4.1-234 and Chapter 6 (§ 58.1-600 et seq.) of Title 58.1, each delivery of wine by such licensee to a consumer or a retail licensee shall constitute a sale in Virginia. Licensees are required to collect the taxes due to the Commonwealth and remit any excise taxes monthly to the Board and any sales tax to the Department of Taxation. The bill defines "small wine producer" as any winery located outside the Commonwealth and licensed as such in the state where the winery is located and that produces no more than 2,500 cases of wine during any calendar year. The bill also grants these same privileges to certain winery and farm winery licensees under the same production restrictions. The bill sets the state license tax for this new license and requires the ABC Board to adopt emergency regulations to implement the provisions of the bill. |
| SB 1176 - Stolle - Pawnbrokers and secondhand dealers; adds regulation thereof to current statutes regulating. |
(S) Committee on General Laws and Technology | (S) Left in General Laws and Technology | 01/24/07 |
| notes:
FAILED, STRICKEN BY PATRON. Adds the regulation of secondhand dealers and secondhand stores 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) requires pawnbrokers and secondhand dealers to obtain a single thumbprint of the person pawning or selling an item, and (iv) authorizes localities to enact an ordinance requiring pawnbrokers and secondhand dealers to report their daily transactions electronically to a designated law-enforcement official of the locality. The bill adds secondhand dealers to the existing penalty provisions for pawnbrokers. |
| SB 1191 - Reynolds - Electric Utility Restructuring Act; capped rates and default service. |
(S) Committee on Commerce and Labor | (S) Left in Commerce and Labor | 02/06/07 |
| notes:
FAILED IN COMMITTEE. Extends the period during which rates for electric service are capped from December 31, 2010, until July 1, 2013. The measure also provides that, upon the end of the capped rate period, rates for default service provided by distributors will be based on prudently incurred costs, rather than on prices in competitive regional electricity markets. Other provisions clarify that the capped rates and default service rates for utilities that have divested their generation assets will be determined in a manner consistent with the terms of the orders of the State Corporation Commission approving the transfer of such assets. The measure also revises the criteria for adjustments to capped rates to provide that, rather than being allowed to recover increases in transmission and distribution reliability and environmental costs through single-issue proceedings, after July 1, 2007, certain utilities may seek to recover increased costs through annual full rate cases |
| SB 1201 - Houck - Motor vehicle insurance license tax; revenues dedicated to Priority Transportation Fund. |
(S) Committee on Finance | (S) Left in Finance | 02/07/07 |
| notes:
Dedicates the revenues from the motor vehicle insurance license tax in each fiscal year to the Priority Transportation Fund and repeals the current dedication to the Fund of one-third of the estimated revenues from all insurance license taxes. |
| SB 1206 - Hanger - Streamlined Sales and Use Tax Agreement; conforms State's tax laws to provisions thereof. |
(S) Committee on Finance | (S) Left in Finance | 02/07/07 |
| notes:
Conforms the Commonwealth's sales and use tax laws to the provisions of the Streamlined Sales and Use Tax Agreement. |
| SB 1214 - Hanger - Cigarette tax; authorizes any county to impose. |
(S) Committee on Finance | (S) Left in Finance | 02/07/07 |
| notes:
This legislation provides that any county not currently authorized to levy a tax upon the sale or use of cigarettes shall have the power to do so. The tax shall be in an amount and on terms the governing body may by ordinance prescribe, not to exceed the amount levied under state law. The revenues collected from the tax shall be designated and spent solely for the purpose of (i) purchasing agricultural conservation easements, (ii) funding initiatives that, as determined in consultation with local farm organizations, preserve farmlands in such county, (iii) funding a local purchase of development rights program that such county has established or will establish, or (iv) any combination thereof. Fairfax and Arlington Counties, which are currently authorized to levy a tax upon the sale or use of cigarettes, are not subject to the provisions of this bill that limit the amount of the tax and that designate the purposes for which the revenues collected from the cigarette tax must be spent. |
| SB 1277 - Whipple - Minimum wage; increase per hour. |
(S) Committee on Commerce and Labor | (S) Incorporated by Commerce and Labor (SB1327-Colgan) (15-Y 0-N) | 01/29/07 |
| notes:
INCORPORATED INTO SB1327. This legislation increases the minimum wage from its current federally mandated level of $5.15 per hour to $6.15 per hour effective July 1, 2007, and to $7.25 per hour effective July 1, 2008, unless a higher minimum wage is required by the federal Fair Labor Standards Act. |
| SB 1302 - Newman - Enterprise zone grants; allows businesses to apply for additional appropriations. |
(S) Committee on Finance | (S) Left in Finance | 02/07/07 |
| notes:
This legislation allows businesses to apply for additional enterprise zone grant moneys when grant requests exceed original appropriations and additional funds are appropriated by the General Assembly. |
| SB 1304 - Newman - Eminent domain; definition of public uses. |
(S) Committee for Courts of Justice | (S) Incorporated by Courts of Justice (SB1296-Norment) (15-Y 0-N) | 02/05/07 |
notes:
INCORPORATED INTO SB1296. This legislation provides a definition of public uses as embracing only the ownership, possession, occupation, and enjoyment of land by the public or public agencies, and public corporations and public service companies. The bill states that public benefits or potential public benefits including economic development or private development, an increase in the tax base, tax revenues, employment, or general economic health and welfare shall not be considered when determining whether a use constitutes a public use.
Full text:
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| SB 1327 - Colgan - Minimum wage; increase per hour. |
(H) Committee on Appropriations
(S) Committee on Commerce and Labor | (H) Left in Appropriations | 02/20/07 |
| notes:
FAILED, REFERRED TO HOUSE APPROPRIATIONS. This legislation increases the minimum wage from its current federally mandated level of $5.15 per hour to $6.50 per hour effective July 1, 2007, unless a higher minimum wage is required by the federal Fair Labor Standards Act. |
| SB 1344 - Lambert - Recordation tax; exemption for deeds of trust or mortgages given by nonprofit organization. |
(H) Committee on Finance
(S) Committee on Finance | (H) Tabled in Finance | 02/12/07 |
| notes:
FAILED IN HOUSE FINANCE COMMITTEE. |
| SB 1379 - Potts - Transportation Future Fund; created. |
(S) Committee on Finance | (S) Left in Finance | 02/20/07 |
| SB 1399 - O'Brien - Rail and Public Transportation, Department of; transfers motor fuels retail sales taxes thereto. |
(S) Committee on Finance | (S) Left in Finance | 02/07/07 |
| SB 1414 - Devolites Davis - Transportation funding; authorizes localities in Northern Virginia to impose additional fees. |
(S) Committee on Transportation | (S) Incorporated by Transportation (SB1417-Norment) (10-Y 1-N) | 01/31/07 |
| notes:
INCORPORATED INTO SB1417. |
| SB 1415 - Stolle - Hampton Roads Transportation Authority; created. |
(S) Committee on Transportation | (S) Incorporated by Transportation (SB1417-Norment) (10-Y 1-N) | 01/31/07 |
| notes:
INCORPORATED INTO SB1417. |
| SB 1417 - Norment - Transportation funding and reform; provides statewide funding of projects. |
(S) Committee on Finance | (S) Failed to report (defeated) in Finance (4-Y 11-N) | 02/01/07 |
| notes:
FAILED IN COMMITTEE. |
| SB 1420 - Cuccinelli - Motor Vehicle Fuel Sales Tax; local-option to impose retail sales taxes on motor fuels. |
(S) Committee on Finance | (S) Passed by indefinitely in Finance (13-Y 1-N) | 02/01/07 |
| notes:
FAILED IN COMMITTEE. |