The Retail EmployerNovember 2008

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Local Issues

Three Downtown Office Buildings Sold

The State bought 400 E. Cary Street (formerly United Dominion Realty Trust) for 6.5 million that will house health department clinics for both the state and city in the 51,000 s.f. space.

VCU Heath Systems bought One Capitol Square for 8.95 million to relocate employees from other properties around downtown into the 188,000 s.f. space.

The State bought Main Street Centre (600 E. Main Street) to expand the existing VA Department of Taxation and relocate other state agencies over time.

State Issues

• Virginia State Crime Commission's Staff report
• Definition of Antiques (update)
• Plastic Bag Ban (update)

Virginia State Crime Commission's Staff report

The Crime Commission’s Staff made a report to the State Crime Commission on October 14th; at that meeting the Staff addressed the possibility of increasing the Grand Larceny threshold.  The threshold is currently $200 and has not been changed in over twenty years. Below is the proposed legislative proposal; click here for the staff’s complete power point presentation outlining its recommendations.

• Proposed legislation by Virginia State Crime Commission Staff
  • The threshold amount for grand larceny could be raised to $500.
  • To deter people who calculate the amount they steal at any one time, so as to remain under the felony threshold, a new class of petit larceny could be created.
• This threshold would be between $200 and $500, and would be punished as a new Class of misdemeanor—an Aggravated Class 1 misdemeanor.
• The penalty for an Aggravated Class 1 misdemeanor would be from 90 days to 2 years incarceration, and/or a fine of up to $2,500.
• As with violations of protective. orders, a judge would not be able to suspend all of the time imposed for violations of aggravated petit larceny
• The advantage of creating a new Class of misdemeanor is that it gives the General Assembly more flexibility in deciding appropriate punishments for certain misdemeanors.
• Misdemeanors that are seen as particularly serious can be punished with increased incarceration, without having to raise them to felonies.
• The following misdemeanor crimes could be considered for elevation to Aggravated Class 1 misdemeanor status:
  • Larceny offenses between $200 and $500
  • Second offense petit larceny
  • Second offense of violation of a protective order within 5 years
  • Recruiting an adult into a street gang
  • Assault and battery hate crimes; assaulting a teacher
  • Second offense domestic assault
  • Second offense stalking
  • Second offense DUI crimes
  • Third offense driving on a suspended license
  • Driving after having been declared a habitual offender
• To further combat organized groups who repeatedly engage in petit larcenies, a new crime, conspiracy to commit petit larceny, could be created.
  • The statute could specify that the value of all goods stolen, pursuant to a conspiracy, may be aggregated for any six month period, in a manner similar to embezzlement cases in Virginia.
  • Multi-jurisdictional grand juries, which already have the authority to investigate embezzlement cases, can be given the authority to investigate instances of grand larceny, or conspiracies to commit larceny.
• Larceny can also be included as one of the predicate crimes for which criminal street gang members can be prosecuted.

Definition of Antiques (update)

Throughout the summer the Retail Merchants Association and the Retail Alliance of Hampton Roads under the banner of the Virginia Retail Federation hosted a series of meetings with Antique Dealers from around the Commonwealth to discuss what the proper definition of antiques should be and is a definition needed. 

The purpose for defining “antiques” was to prevent the sale of counterfeit antiques.  After lengthy discussions it was determined that defining antiques would not prevent the rogue antique dealer from misrepresenting counterfeit items as antiques.  A follow-up recommendation was to develop a peer to peer certification program.  This certification program would establish criteria of best practices for Antique Dealers to operate.  The certification program would be governed by a Board of Directors and those antique dealers who qualify for certification.  Those Antique Dealers who became certified would be provided the distinction and the opportunity to advertise as a Certified Antique Dealer.  The Retail Merchants Association and the Retail Alliance of Hampton Roads are continuing to work with antique dealers to developing the criteria for the certification.Back to top

Plastic Bag Ban (update)

During the 2008 session legislation was introduced to ban plastic bags. The Virginia Retail Federation and the Virginia Petroleum Convenience and Grocery Association (VPCGA) advocated for a statewide study of the issue and the environmental impact of plastic bag litter. The Virginia Plastic Bag Coalition was formed to include stakeholders from the retail industry, waste haulers, and agricultural and environmental interests to examine the issue for the Isle of Wight County.

In conducting its study, the coalition developed a regional volunteer work plan that includes education, creates awareness and offer solutions for plastic bag recycling that can change and modify behavior to result in positive changes in the issue. Included are communication components for plastic bag recycling in Isle of Wight County; application for a state grant to provide enhanced recycling education and legislative initiatives.

Rather than ban plastic bags the coalition recommended the state adopt initiatives that will encourage public education of plastic bag use/abuse, that will increase the development and utilization of plastic bag alternatives and that will increase recycling.  Additionally, the group recommends that all efforts be evaluated against a measurement of volume of plastic bags recycled, increase or decrease in the number of plastic bags purchased by retailers and a routine survey of farmers about the increase/decrease in the amount of plastic bags found in agriculture.

(Excerpts taken from the Virginia Plastic Bag Coalition Action Plan, for the complete report, click here.)

Federal Issues*

* © 2008. NRF Enterprises, Inc. used with permission.

• NRF Seeks Consumer Relief in Stimulus Package
• Obama Could Start Work on Economy Before Inauguration
• Congressional Election Update

NRF Seeks Consumer Relief in Stimulus Package

Retailers are among the groups focused on a federal stimulus package Congress could consider after the Nov. 4 elections. The NRF wants the package to include tax relief for consumers. "Increased consumer spending would create demand throughout all sectors of the nation's economy, from manufacturing to transportation to construction," NRF President Tracy Mullin said. American City Business Journals/Milwaukee (10/24)

Obama Could Start Work on Economy Before Inauguration

President-elect Barack Obama might not wait until his inauguration to start working on an overhaul of the economy. "The changes will be far greater than many expect. From taxes to energy to health care, it's a pretty sweeping agenda," said Andrew Laperriere, managing director at International Strategy & Investment Group. Congress is expected to take up a second economic-stimulus package when it convenes for a lame-duck session in two weeks. Bloomberg (11/5)

Congressional Election Update

U.S. Rep. Thelma Drake conceded the election in Virginia's 2nd congressional district to political newcomer Glenn Nye. The final outcome was in abeyance until some 27,000 absentee ballots were counted - an unusually high number due to the large military presence in the district. "Those ballots have been counted and the voters have decided," Drake said, congratulating Nye, 33, a Democrat and former diplomat from Norfolk.

The unofficial final vote count is:

• Nye     139,258  (52.25%)
• Drake  126,856  (47.60%)

For more information, go to:
http://hamptonroads.com/node/487154

Election results in Southside Virginia's 5th congressional district are probably headed for a recount. Democrat Tom Perriello, a lawyer, appears to have a 745-vote margin over long-time incumbent Republican Virgil Goode, but Goode has not conceded the race. Perriello announced victory at a news conference this afternoon, but Goode claims "reporting irregularities - including misplaced paper ballots...and miscalculations in vote tallies." Goode said he would wait until the state Board of Elections certifies the vote on Nov. 24 before deciding whether to ask for a recount.

Initial returns showed Perriello with a margin of just 31 votes with more than 300,000 votes cast. After canvassing the vote, the tally as of late this afternoon is:

• Perriello  158,703 (50.09%)
• Goode     157,958 (49.85%)

For more information, click here.

The State Board of Elections is updating election returns on the Web
here.

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