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Retail Merchants Association

February 28, 2011

VRF: On Top of the Hill

2011 General Assembly Week 6

Virginia Retail FederationDuring the final week of the General Assembly there were two bills followed by the VRF left to be acted on, HB1483 Pre Labor Day School Opening for Roanoke and SB1292 Wine Corkage Fee.  Also undecided was the amount to be budgeted for the rollback of the Accelerated Sales Tax payment.

Accelerated Sales Tax Payment Rollback

The Accelerated Sales Tax Payment was put in place last year to help fill a hole in the budget.  This payment required retailers with more that $1 million in gross taxable sales to make two sales tax remittances in June of 2010.

Governor McDonnell recommended $37 million to be placed in the budget to begin the rollback of the Accelerated Sales Tax Payment.  The rollback was due to start in the 2013 budget cycle.  The VRF applauded his initiative to begin the rollback in this budget cycle.

The House of Delegates placed $112 million in their budget for the payment rollback and the Senate budgeted $0.  However, the final budget included $45.7 million for the rollback.  The VRF lobbyists worked hard with the House and Senate budget conferees to maximize the final amount placed in the budget. The $45.7 million will eliminate approximately 80% of those currently paying the Accelerated Sales Tax payment.  Those remaining with a threshold of $5.4 million or more will continue to make two payments in June.  The VRF lobbyists will work for additional funding in future budget to get this burdensome payment off all retailers.

HB1483, Post Labor Day School Opening

The Post Labor Day school opening statute has been in the Virginia Code for more than 20 years, however, many schools qualify for a waiver to the statute and open school prior to Labor Day. For example, Goochland applies for a waiver due to the number of school days lost each year because of inclement weather. School systems may also qualify for waivers for special instructional programs. 

HB 1483 adds a new waiver that provides that “a school division that is entirely surrounded by a school division that has an opening date prior to Labor Day in the school year for which the waiver is sought. Such school division may open schools on the same opening date as the surrounding school divisions.”

The bill was opposed by the VRF due to the breach of the existing waiver system.  We contend that the current waiver system provided the opportunity for Roanoke City to apply and receive a pre Labor Day opening.

To see how your Delegate and Senator voted click here.

SB1292, Wine Corkage Bill

Senator Ruff’s BPOL legislation that provides localities the option of not SB1292 was introduced by Senator McWaters, Republican from Virginia Beach. The bill permits restaurants with ABC licenses to allow consumers to bring in their own bottle of wine and the restaurant may charge a “corkage” fee to serve the wine to the consumer. 

Eighty percent of the RMA restaurant members surveyed on this issue opposed this measure.  There was little opposition expressed from other areas of Virginia to the legislation, with many restaurant owners calling their Delegate and Senator to express their support for the corkage fee.

To see how your Delegate and Senator voted on this legislation, click here.

Other Bills

Please call me at 804-334-2932 if you have questions concerning any legislation introduced during the session.

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On Top of the Hill is published every week during the Virginia General Assembly.

Contact:
George Peyton
(804) 662-5500
Fax: (804) 662-5507

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