MyProfile: Failed legislation 2009
 Composite view with notes

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) Assigned MPPS sub: #2 01/20/09
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) Assigned Finance sub: 3 01/16/09
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 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 1811 - Morrissey - Deferred disposition; allows court to defer & dismiss any criminal case other than Class 4 felonies. (H) Committee for Courts of Justice (H) Subcommittee recommends passing by indefinitely by voice vote 01/28/09
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) Subcommittee recommends passing by indefinitely by voice vote 01/19/09
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) Referred to Committee on Agriculture, Chesapeake and Natural Resources 01/12/09
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 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) Subcommittee recommends laying on the table by voice vote 01/28/09
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) Subcommittee recommends laying on the table by voice vote 01/27/09
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) Subcommittee recommends passing by indefinitely 01/28/09
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 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) Referred to Committee for Courts of Justice 01/28/09
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 2009 - Ebbin - Incandescent light bulbs; bans sale or distribution in State, effective July 1, 2010. (H) Committee on Commerce and Labor (H) Subcommittee recommends laying on the table by voice vote 01/29/09
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) Subcommittee recommends laying on the table by voice vote 01/28/09
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) Subcommittee recommends laying on the table by voice vote 01/29/09
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) Subcommittee recommends laying on the table by voice vote 01/22/09
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 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) Subcommittee recommends laying on the table by voice vote 01/29/09
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) Subcommittee recommends striking from the docket 01/28/09
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 2153 - Rust - BPOL tax; allows towns to levy on any person, firm, etc., in business of renting real property. (H) Committee on Finance (H) Subcommittee recommends laying on the table by voice vote 01/28/09
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) Subcommittee recommends laying on the table by voice vote 01/28/09
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) Subcommittee failed to recommend reporting 01/28/09
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) Subcommittee recommends laying on the table by voice vote 01/21/09
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) Subcommittee failed to recommend reporting 01/28/09
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 2376 - Englin - Estate tax; reinstates federal credit amount State will receive payments from deaths after Jan. 1. (H) Committee on Finance (H) Subcommittee recommends passing by indefinitely 01/28/09
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) Subcommittee recommends passing by indefinitely 01/28/09
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 2389 - Brink - Cigarette tax and tobacco products tax; increased. (H) Committee on Finance (H) Subcommittee recommends passing by indefinitely 01/28/09
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) Subcommittee recommends passing by indefinitely 01/29/09
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.
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 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 1018 - Miller, J.C. - Hampton Roads Transportation Authority; taxes, fees, etc. dedicated to financing its operation. (S) Committee on Transportation (S) Read third time and passed Senate (40-Y 0-N) 02/03/09
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 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.