| Bills |
Committee |
Last action |
Date |
| HB
1579 - Oder
- Transportation funding, etc; certain revenues attributable
to economic growth in Hampton Roads, etc. |
(H) Committee
on Appropriations |
(H) Referred to Committee on Appropriations |
02/03/09 |
notes:
Provides funds for transportation in Hampton Roads, Northern
Virginia, the Richmond Highway Construction District, and the
Staunton Highway Construction District by capturing a portion
of economic growth attributable to or facilitated by the
marine terminal for Hampton Roads, by Dulles International
Airport and the Ronald Reagan National Airport for Northern
Virginia, by the Port of Richmond for the Richmond Highway
Construction District, and by the Inland Port at Front Royal
for the Staunton Highway Construction District.
The
bill repeals the Hampton Roads Transportation Authority and
repeals certain fees and taxes authorized pursuant to Chapter
896 of the Acts of Assembly of 2007 that are within the ambit
of the Supreme Court of Virginia's decision on February 29,
2008, that they are unconstitutional.
|
| HB
1580 - Oder
- Hampton Roads Transportation Authority; abolished. |
(H) Committee
on Transportation |
(H) Assigned Transportation sub: 4 |
01/16/09 |
| notes:
Abolishes the Authority and the taxes, fees, and charges
dedicated to financing its operation and programs. The bill
also makes several technical changes. |
| HB
1692 - Englin
- Indoor Clean Air Act; prohibits smoking in all indoor
restaurants and bar and lounge areas in State. |
(H) Committee
on General Laws |
(H) Referred to Committee on General Laws |
01/05/09 |
| notes:
Moves the regulation of smoking in restaurants from Title 15.2
to a new chapter in Title 32.1. This bill prohibits smoking in
all indoor restaurants and bar and lounge areas in the
Commonwealth. Requires the posting of %93No Smoking%94 signs
and provides for a $25 civil penalty for a violation of these
provisions. |
| HB
1703 - Cosgrove
- Indoor Clean Air Act; unlawful for any person to smoke in
establishment built after July 1, 2010. |
(H) Committee
on General Laws |
(H) Referred to Committee on General Laws |
01/05/09 |
| notes:
Provides that it shall be unlawful for any person to smoke in
any establishment built and operated after July 1, 2010, 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
1704 - Howell,
A.T. - Smoke Free Air Act; smoking in public places, civil
penalties. |
(H) Committee
on General Laws |
(H) Referred to Committee on General Laws |
01/05/09 |
| notes:
Moves the law restricting smoking in buildings and other
enclosed areas from the title relating to local government
(15.2) to the title relating to health (32.1) and prohibits
smoking indoors in most buildings or enclosed areas frequented
by the public. Exceptions are provided for (i) private homes,
private residences, and private automobiles, and home-based
businesses, unless used in conjunction with a licensed child
care, adult day care, or health care facility; (ii) private
clubs, except when being used for functions attended by
persons other than members and invited guests; (iii) hotel or
motel rooms designated as smoking rooms that are offered for
rent to the public; (iv) specialty tobacco stores; (v) tobacco
manufacturers; and (vi) private and semiprivate rooms in
nursing homes and long-term care facilities. The bill requires
the posting of "No Smoking" signs inside and at the entrances
of areas where smoking is prohibited. Any person who continues
to smoke in an area in which smoking is prohibited will be
subject to a civil penalty of not more than $100 for the first
offense, and $250 for subsequent offenses. Failure to comply
with the smoking restrictions will subject proprietors to a
$200 civil penalty for the first offense and $500 for
subsequent offenses. |
| HB
1709 - Oder
- Payday lenders; prohibited from making an extension of
credit under an open-end credit, etc. |
(H) Committee
on Commerce and Labor |
(H) Referred to Committee on Commerce and Labor |
01/05/09 |
| notes:
Prohibits any person licensed as a lender under the Payday
Loan Act from making an extension of credit under an open-end
credit or similar plan. Any loan made in violation of this
prohibition will be unenforceable against the borrower.
Currently, any seller or lender who extends credit under such
a plan may impose finance charges and such other charges and
fees at such rates and in such amounts and manner as the
parties may agree, if the plan provides a 25-day billing
cycle. |
| HB
1726 - Rust
- Group life insurance; allows coverage to be extended to
insure any class of persons. |
(H) Committee
on Commerce and Labor |
(H) Subcommittee failed to recommend reporting |
02/03/09 |
| notes:
Allows coverage under a group life insurance policy to be
extended to insure any class of persons as may mutually be
agreed upon by the insurer and the group policyholder. |
| HB
1809 - Morrissey
- Consumer Finance Act; open-end loan plans secured by motor
vehicle titles. |
(H) Committee
on Commerce and Labor |
(H) Referred to Committee on Commerce and Labor |
01/12/09 |
| notes:
Makes loans to an individual for personal, family, or
household purposes that are secured by a nonpurchase-money
security interest in a motor vehicle subject to the provisions
of the Consumer Finance Act. Licensees under the Act are
prohibited from charging interest of more than 36 percent
annually on such loan balances and are required to comply with
the existing 25-day grace period. The measure also provides
that other types of extensions of credit under an open-end
credit or similar plan by a seller or lender, under which
interest currently may be charged at any rate on which the
parties agree, may be made only by sellers of goods or
services or by certain licensed or regulated financial
institutions. |
| HB
1816 - Morrissey
- Unemployment benefits; eligibility of seasonal or temporary
workers. |
(H) Committee
on Commerce and Labor |
(H) Subcommittee recommends incorporating into HB2046 by
voice vote |
02/03/09 |
| notes:
Disqualifies an unemployed individual for unemployment
compensation benefits if he was provided with written notice,
and signed an acknowledgment of receipt of such notice, by his
employer stating that his employment is temporary or seasonal
and will terminate by a date certain or upon the completion of
seasonal work specified in the written notice. |
| HB
1819 - Kilgore
- Electric rates; any distribution electric cooperative,
without SCC approval, to make adjustment. |
(H) Committee
on Commerce and Labor |
(H) Engrossed by House - committee substitute HB1819H1 |
02/03/09 |
| notes:
Authorizes any distribution electric cooperative, without
State Corporation Commission approval, to make any adjustment
to its rates reasonably calculated to collect any or all of
the fixed costs of owning and operating its electric
distribution system through a new or modified fixed monthly
charge. Such monthly charge would be in lieu of charges that
are based on the volume of use of electric energy. Such
changes in rates may be adopted upon an affirmative resolution
of the cooperative's board of directors and shall be revenue
neutral based on the cooperative's most recent cost-of-service
study. Adjustments may be phased in over a three-year period,
and revised tariffs are required to be filed with the State
Corporation Commission for information purposes. |
| HB
1821 - Johnson
- Concealed handguns; prohibited from carrying onto premises
of restaurants and consuming alcohol. |
(H) Committee
on Militia, Police and Public Safety |
(H) Referred to Committee on Militia, Police and Public
Safety |
01/21/09 |
| notes:
Prohibits a person who carries a concealed handgun onto the
premises of a restaurant or club from consuming an alcoholic
beverage while on the premises. A person who carries a
concealed handgun onto the premises of a restaurant or club
shall inform a designated employee of the restaurant or club
of that fact. A person who consumes alcohol in violation of
the provisions of the bill is guilty of a Class 2 misdemeanor
and a person who becomes intoxicated in violation of the
provisions of the bill is guilty of a Class 1 misdemeanor. |
| HB
1828 - Fralin
- Green roof construction; localities and water authorities to
offer rate incentives therefor. |
(H) Committee
on Counties, Cities and Towns |
(H) Passed by for the day |
02/03/09 |
| notes:
Allows localities and water authorities to offer rate
incentives for green roof construction. |
| HB
1833 - Toscano
- Indoor Clean Air Act; allows localities to exceed
requirements that regulate smoking. |
(H) Committee
on General Laws |
(H) Referred to Committee on General Laws |
01/12/09 |
| notes:
Allows localities to exceed the requirements established in
the Virginia Indoor Clean Air Act when adopting ordinances
that regulate smoking. |
| HB
1856 - Shannon
- Residential Property Disclosure Act; disclosure of
stormwater detention facilities. |
(H) Committee
on General Laws
(S) Committee
on General Laws and Technology |
(S) Referred to Committee on General Laws and
Technology |
01/29/09 |
| notes:
Provides that an owner of real property makes no
representations with respect to the presence of any stormwater
detention facilities located on the property and that
purchasers are advised to exercise whatever due diligence they
deem necessary to determine the presence of any stormwater
detention facilities on the property, in accordance with terms
and conditions as may be contained in the real estate purchase
contract, but in any event, prior to settlement pursuant to
that contract. |
| HB
1872 - Cosgrove
- Hampton Roads area; requirements for refuse collection and
disposal system authorities. |
(H) Committee
on General Laws |
(H) Referred to Committee on General Laws |
01/27/09 |
| notes:
Sets forth the requirements that shall be followed by any
authority created to collect and dispose of refuse with member
localities consisting of the Cities of Norfolk, Virginia
Beach, Portsmouth, Chesapeake, and Franklin, and the Counties
of Isle of Wight, Southampton, and Suffolk. The list of
requirements sets forth rules for selecting a board of
directors, maintaining a strategic plan, setting fees and
operating costs, tracking costs, revenues, and capital
projects, maintaining a financing plan, and voting. |
| HB
1883 - Nixon
- Commonwealth, Secretary of; redesigns Lobbyist Disclosure
Statement to clarify information. |
(H) Committee
on General Laws |
(H) Committee substitute printed 091830656-H1 |
02/03/09 |
| notes:
Redesigns the Lobbyist Disclosure Statement to clarify
information requested and increase compliance. Among other
things, the redesigned form requires a lobbyist to include a
list of all House of Delegates or Senate bills for which he
has lobbied and changes the manner in which entertainment and
gift expenses are reported. The bill also provides that a
lobbyist who files the statement electronically is not
required to provide a paper copy. In addition, the bill
provides that the Secretary of the Commonwealth shall review
the lobbyist disclosure statements for completeness and
accuracy and if a statement is not properly completed, the
entire filing will be rejected and returned to the lobbyist.
The lobbyist must submit a revised statement within 10 working
days from receipt of the returned statement. |
| HB
1884 - Nixon
- Credit reports; consumer reporting agency's duty to place
security freeze thereon. |
(H) Committee
on Commerce and Labor
(S) Committee
on Commerce and Labor |
(S) Referred to Committee on Commerce and Labor |
01/27/09 |
| notes:
Provides that a consumer reporting agency's duty to place a
security freeze on a consumer's credit report within one
business day after receiving such a request, which is
scheduled to become effective July 1, 2009, will apply only if
the consumer's request is made electronically at an address
designated by the consumer reporting agency to receive such
requests. For requests not made electronically at such
address, the current obligation that the freeze be imposed
within three business days after receiving the consumer's
request will continue to apply. |
| HB
1886 - Nixon
- Money order sales and transmission services; expands
existing authority of SCC to regulate. |
(H) Committee
on Commerce and Labor |
(H) Passed by for the day |
02/03/09 |
| notes:
Expands the existing authority of the State Corporation
Commission to regulate money order sellers and money
transmitters. The measure includes provisions that, among
other things, mandate examinations of licensees every three
years; increase the license application fee from $500 to
$1,000; require annual renewal of licenses with a $750 license
renewal fee and an assessment to defray examination and
supervision costs; increase minimum net worth requirements
from $100,000 to $200,000; establish procedures for license
revocation; authorize the Commission to issue cease and desist
orders; establish requirements for agreements between a
licensee and its authorized delegates; provide that licensees
are liable for the acts and omissions of their authorized
delegates; increase the maximum penalty that the Commission
may assess for violations from $1,000 to $2,500; establish
record retention requirements; establish additional reporting
requirements; and require licensees to maintain permissible
investments that have a market value of not less than the
aggregate dollar amount of all of its outstanding money orders
and money transmission transactions. |
| HB
1889 - Nixon
- Unemployment benefits; minimum earnings requirement. |
(H) Committee
on Commerce and Labor
(S) Committee
on Commerce and Labor |
(S) Referred to Committee on Commerce and Labor |
01/27/09 |
| notes:
Postpones the scheduled increase, from $2,700 to $3,000, in
the minimum amount of wages an employee must have earned in
the two highest earnings quarters of his base period in order
to be eligible for unemployment benefits. The increase will
apply to claims filed on or after July 4, 2010; it is
currently scheduled to apply to claims filed on or after July
5, 2009. |
| HB
1903 - Armstrong
- Post-Disaster Anti-Price Gouging Act; prohibition on price
gouging during time of resource shortage. |
(H) Committee
on Commerce and Labor |
(H) Assigned C & L sub: 2 |
02/02/09 |
| notes:
Expands the existing prohibition on post-disaster price
gouging to prohibit a seller from selling necessary goods and
services at an unconscionable price during the time of a
resource shortage within any affected area of the
Commonwealth. A resource shortage is defined as an absence,
unavailability, or reduced supply of certain natural
resources, commodities, goods, or services that results from a
state of emergency anywhere in the country when a presidential
state of emergency is declared. |
| HB
1917 - Crockett-Stark
- Transient occupancy tax; Giles County may impose at rate not
to exceed 5% to promote tourism. |
(H) Committee
on Finance
(S) Committee
on Finance |
(S) Referred to Committee on Finance |
01/30/09 |
| notes:
Adds Giles County to the list of counties that may impose a
transient occupancy tax at a rate of five percent with the
revenue collected in excess of the two percent rate going to
promote tourism. |
| HB
1930 - Plum
- Certification of stormwater development property; Dept. of
Conservation & Recreation to certify. |
(H) Committee
on Agriculture, Chesapeake and Natural Resources
(S) Committee
on Agriculture, Conservation and Natural Resources |
(S) Referred to Committee on Agriculture, Conservation and
Natural Resources |
01/27/09 |
| notes:
Authorizes the Department of Conservation and Recreation to
certify stormwater management development properties as being
designed, constructed, or reconstructed for the primary
purpose of abating or preventing pollution. Such a
certification allows the local government to tax the property
at a different rate from other classifications of real
property. This technical change is necessary because
responsibility for administering the stormwater program was
moved from DEQ to the Department of Conservation and
Recreation. |
| HB
1947 - Shuler
- Transient occupancy tax; Bath County to impose additional
not to exceed three percent. |
(H) Committee
on Finance |
(H) Read first time |
02/03/09 |
| notes:
Permits Bath County to impose an additional transient
occupancy tax not to exceed three percent with the revenue
from such tax to be allocated as follows: (i) one-third for
tourism and travel, marketing of tourism, or other initiatives
that attract travelers; (ii) one-third for the design,
operation, construction and improvement, acquisition, and debt
service for such expenses on debt incurred after June 30,
2009, of tourism facilities, historic sites, beautification
projects, promotion of the arts, regional tourism marketing
efforts, capital costs related to travel and transportation
including air service, public parks, and information centers;
and (iii) one-third for emergency services including training
and equipment for fire and rescue, police, and delivery of
acute medical care to serve the community and help respond to
tourism-related emergencies. |
| HB
1972 - Ware,
R.L. - Credit insurance; require that debtors be provided
with notice disclosing right to refund premium. |
(H) Committee
on Commerce and Labor
(S) Committee
on Commerce and Labor |
(S) Referred to Committee on Commerce and Labor |
02/03/09 |
| notes:
Requires that debtors under credit property insurance, credit
involuntary unemployment insurance, credit life insurance, and
credit accident and sickness insurance paid by a single
premium be provided with a notice disclosing the right to a
refund of premium if the insurance is terminated prior to its
scheduled maturity date or the insured debt is terminated or
paid off early, and of the debtor's obligation to notify the
insurer of certain events. The minimum amount of a refund is
increased from $1 to $5. Policies and certificates are
required to include a notice advising the debtor of his rights
and the insurer's obligations regarding premium refunds. |
| HB
1973 - Ware,
R.L. - Litter Control and Recycling Fund; limits awarding
of grants to localities. |
(H) Committee
on Agriculture, Chesapeake and Natural Resources
(S) Committee
on Agriculture, Conservation and Natural Resources |
(S) Referred to Committee on Agriculture, Conservation and
Natural Resources |
01/27/09 |
| notes:
Limits the awarding of grants to localities whose litter
prevention and recycling grant applications meet the criteria
established by the Department of Environmental Quality in its
Guidelines for Litter Prevention and Recycling Grants. |
| HB
1977 - Ware,
R.L. - Health insurance; mandated coverage for prosthetic
devices and components. |
(H) Committee
on Commerce and Labor |
(H) Assigned C & L sub: 1 |
01/26/09 |
| notes:
Requires health insurers, health care subscription plans, and
health maintenance organizations to provide coverage for the
cost of prosthetic devices and components. The measure also
requires that the health insurance plan for state employees
include coverage for the cost of prosthetic devices and
components. |
| HB
1991 - Bulova
- Stormwater management programs; establishment by
localities. |
(H) Committee
on Agriculture, Chesapeake and Natural Resources
(S) Committee
on Agriculture, Conservation and Natural Resources |
(S) Referred to Committee on Agriculture, Conservation and
Natural Resources |
01/27/09 |
| notes:
Extends the period of time that localities have to adopt a
local stormwater management program. Currently, they are
required to adopt a program no sooner than 12 months and no
later than 18 months after state regulations have become
effective. This bill would extend the time for adoption from
no sooner than 15 months to no later than 21 months. The
Virginia Soil and Water Conservation Board can grant an
extension to the locality of an additional 12 months if the
Department of Conservation and Recreation finds that such an
extension is warranted. A locality can adopt a program earlier
than the minimum time frame with the consent of the Board. The
bill also requires that the regulation that establishes local
program criteria and delegation procedures not become
effective until after July 1, 2010. |
| HB
2000 - Vanderhye
- Electric utility rate structures; advancing conservation and
efficiency. |
(H) Committee
on Commerce and Labor |
(H) Assigned C & L sub: 3 Energy |
01/26/09 |
| notes:
Directs the State Corporation Commission to encourage
investor-owned electric utilities to file tariffs with rate
structures that reflect time of day and seasonal cost
differentials. In proceedings that involve a new or amended
retail rate structure, the Commission is directed to consider
several factors, including the extent to which the rates are
designed to align with the utility's marginal cost of
providing service at different times of the day. In such rate
structure proceedings, electric utilities may seek, and the
Commission may approve, financial incentives for the
implementation of creative rate options that would allow the
utility and its customers to share the economic benefits of
rate structures that lower the utility's fuel costs. The
measure also directs the Commission to give the highest level
of priority in its development of the electric energy consumer
education program to efforts to increase consumer awareness
and knowledge of electricity rate structures and the overall
cost of electricity. |
| HB
2006 - Hull
- Local government; equalizes municipal & county taxing
authority. |
(H) Committee
on Finance |
(H) Assigned Finance sub: 2 |
01/16/09 |
| notes:
Equalizes municipal and county taxing authority by granting a
county the same authority available to a municipality through
the uniform charter powers provided that the combined total of
any new tax revenue from such expanded authority and the
proposed equalized real estate tax rate shall not result in an
increase of greater than five percent of the combined total of
those taxes from the prior tax year. |
| HB
2007 - Brink
- Indoor Clean Air Act; smoking in restaurants in Northern
Virginia. |
(H) Committee
on General Laws |
(H) Referred to Committee on General Laws |
01/13/09 |
| notes:
Allows localities in Northern Virginia to adopt concurrent
ordinances containing standards or provisions relating to
smoking in restaurants that exceed those established in the
Virginia Indoor Clean Air Act. |
| HB
2017 - Rust
- Transient occupancy tax; Fairfax County limitations. |
(H) Committee
on Finance |
(H) Requires a two-thirds affirmative vote of members
elected |
02/02/09 |
| notes:
Clarifies that the additional transient occupancy tax does not
apply within the limits of any town located in Fairfax
County. |
| HB
2019 - Rust
- Transportation corridors; Transportation Board to establish
connection with Transportation Plan . |
(H) Committee
on Transportation |
(H) Referred to Committee on Transportation |
01/13/09 |
| notes:
Allows the Commonwealth Transportation Board to establish
transportation corridors in connection with the establishment
of the Statewide Transportation Plan. |
| HB
2024 - Marshall,
D.W. - Health insurance, basic; allows insurers to offer
& sell group policies if employer has not offered. |
(H) Committee
on Commerce and Labor |
(H) Reported from Commerce and Labor with substitute (18-Y
0-N) |
02/03/09 |
| notes:
Allows health insurers to offer and sell group health
insurance policies or contracts that do not include state
mandated health insurance benefits to employers with 50 or
fewer employees if the employer has not offered health
insurance coverage to its employees during the preceding six
months. Such a group policy or contract may include any, or
none, of the state-mandated health benefits as the health
insurer and the qualified small employer agree. The measure
also provides that a person that obtained a certificate of
public need for a medical care facility subject to an
agreement to provide charity care may satisfy such conditions
by making direct payments to an entity that is authorized to
receive payments satisfying charity care conditions or to a
private nonprofit foundation that funds basic health insurance
coverage to indigents pursuant to a memorandum of
understanding with the Department of Health. Finally, the
measure states that a health insurance policy or subscription
contract may include caps or limits on the total annual or
lifetime benefits provided thereunder at specified dollar
amounts. |
| HB
2039 - Iaquinto
- Consumer Protection Act; prohibited practice to sell, offer
for sale, etc., recalled product. |
(H) Committee
on Commerce and Labor |
(H) Reported from Commerce and Labor with substitute (21-Y
0-N) |
02/03/09 |
| notes:
Provides that it is a prohibited practice under the Virginia
Consumer Protection Act to sell, offer for sale, or
manufacture for sale a product recalled by the U.S. Consumer
Product Safety Commission. |
| HB
2046 - Gear
- Unemployment compensation; employees at seasonal
establishment shall not be paid benefits. |
(H) Committee
on Commerce and Labor |
(H) Subcommittee failed to recommend reporting |
02/03/09 |
| notes:
Authorizes the Virginia Employment Commission to designate,
upon an employer's application, that an employer's
establishment is a seasonal establishment that customarily
operates only during a regularly occurring period of between
13 and 40 weeks in any 12-month period. Employees at a
seasonal establishment shall not be paid unemployment benefits
with respect to employment that was performed at a seasonal
establishment during the establishment's operating season, if
(i) his employment terminated when the establishment's stated
operating season expired, (ii) the employer notified the
employee prior to commencing employment that he will be
performing service in a seasonal establishment, and (iii) the
employer posted notices that employees are performing service
in a seasonal establishment. Any benefit charges assessable
with respect to the employee that are due to other employment
will not be the responsibility of the seasonal employer. |
| HB
2051 - Gear
- Alcoholic beverage control; ABC Board to establish schedule
of offenses which penalty may be waived. |
(H) Committee
on General Laws |
(H) Reported from General Laws with amendments (22-Y
0-N) |
02/03/09 |
| notes:
Requires the ABC Board, by regulation, to establish a schedule
of offenses for which any penalty may be waived upon a showing
that the licensee has had no prior violations within three
years immediately preceding the date of the violation. |
| HB
2052 - Gear
- Alcoholic mixed beverages; exception for certain spirits
that licensee cannot deliver to consumer. |
(H) Committee
on General Laws
(S) Committee
on Rehabilitation and Social Services |
(S) Referred to Committee on Rehabilitation and Social
Services |
02/03/09 |
| notes:
Makes an exception for certain spirits to the rule that a
mixed beverage licensee cannot deliver to a consumer alcoholic
beverages in the original bottle. To qualify for the
exception, the bill requires that (i) the original container
of spirits is no larger than 375 milliliters, (ii) the alcohol
content is no greater than 15 percent by volume, and (iii) the
contents of the container are carbonated and perishable. |
| HB
2059 - Hamilton
- Food and beverage taxes; provides numerous exemptions to
meals imposed by cities & towns. |
(H) Committee
on Finance |
(H) Read first time |
02/03/09 |
| notes:
Provides numerous exemptions to meals taxes imposed by cities
and towns, and expands such exemptions from meals taxes
imposed by counties. |
| HB
2067 - Hamilton
- Smoke Free Air Act; smoking in public places, civil
penalties. |
(H) Committee
on General Laws |
(H) Referred to Committee on General Laws |
01/13/09 |
| notes:
Moves the law restricting smoking in buildings and other
enclosed areas from the title relating to local government
(15.2) to the title relating to health (32.1) and prohibits
smoking indoors in most buildings or enclosed areas frequented
by the public. Exceptions are provided for (i) private homes,
private residences, private automobiles, and home-based
businesses, unless used in conjunction with a licensed child
care, adult day care, or health care facility; (ii) private
clubs, except when being used for functions attended by
persons other than members and invited guests; (iii) hotel or
motel rooms designated as smoking rooms that are offered for
rent to the public; (iv) specialty tobacco stores; (v) tobacco
manufacturers; and (vi) private and semiprivate rooms in
nursing homes and long-term care facilities. The bill requires
the posting of "No Smoking" signs inside and at the entrances
of areas where smoking is prohibited. Any person who continues
to smoke in an area in which smoking is prohibited will be
subject to a civil penalty of not more than $100 for the first
offense and $250 for subsequent offenses. Failure to comply
with the smoking restrictions will subject proprietors to a
$200 civil penalty for the first offense and $500 for
subsequent offenses. |
| HB
2084 - Purkey
- Real and personal property taxes; exempts certain pollution
control equipment & facilities. |
(H) Committee
on Finance |
(H) Read first time |
02/03/09 |
| notes:
Exempts certain pollution control equipment and facilities
from local property taxes. |
| HB
2086 - Purkey
- Retail Franchise Act; replaces references to grants of
franchises with sales of franchises. |
(H) Committee
on Commerce and Labor
(S) Committee
on Commerce and Labor |
(S) Referred to Committee on Commerce and Labor |
02/03/09 |
| notes:
Replaces references to "grants" of franchises with "sales" of
franchises in order to conform Virginia's forms with the
terminology used by the Federal Trade Commission and the North
American Securities Administrator's Association, Inc. The
provision stating that the Virginia Retail Franchise Act
applies to grants and offers to grant franchises on and after
July 1, 1972, is repealed. The measure is emergency
legislation to take effect upon passage. |
| HB
2090 - Fralin
- School calendar; adds to good cause circumstances for which
school divisions may be granted waiver. |
(H) Committee
on Education |
(H) Assigned Education sub: Teachers and Admin. Action |
01/20/09 |
| notes:
Adds to the "good cause" circumstances for which school
divisions may be granted a waiver from the regular post-Labor
Day school opening schedule a school division that contains
one or more schools that have failed to achieve full
accreditation status for any of the preceding five years. |
| HB
2105 - McClellan
- Electric utility regulation; directs SCC to take into
account whether facility consistent. |
(H) Committee
on Commerce and Labor |
(H) Assigned C & L sub: 3 Energy |
01/26/09 |
| notes:
Directs the State Corporation Commission to take into account,
when considering requests for a certificate, permit, or
approval for a generation facility, whether the facility is
consistent with the utility's integrated resource plan. The
measure also (i) establishes a fourth voluntary renewable
portfolio standard goal of 15 percent by 2025; (ii) allows
utilities to recover costs of designing and operating demand
management, conservation, energy efficiency, and load
management programs, including an enhanced rate of return on
capital invested in energy efficiency, including advanced
metering infrastructure, of 200 basis points for between three
and seven years; (iii) requires utilities to develop tariffs
offering real-time variable rates; and (iv) requires that
rates for utility payments to eligible customer-generators
under a net energy metering program be not less than the rate
the utility charges its customers for electricity provided 100
percent from renewable energy. |
| HB
2120 - Nichols
- Graffiti abatement; permits localities to charge property
owner for cost thereof. |
(H) Committee
on Counties, Cities and Towns |
(H) Incorporated by Counties, Cities and Towns
(HB2138-Miller, J.H.) |
01/30/09 |
| notes:
Permits localities to charge a property owner for the cost or
expenses of abating graffiti that occurs on his vacant
property, and to collect such charges as taxes are collected.
If the charges remain unpaid, they shall constitute a lien and
become enforceable in the same manner as unpaid local taxes.
|
| HB
2122 - Nichols
- Outdoor advertising; increases penalties for violation
thereof. |
(H) Committee
on Transportation |
(H) Subcommittee recommends incorporating into HB2137 by
voice vote |
02/02/09 |
| notes:
Increases penalties for violation of certain provisions of the
outdoor advertising requirements from $10-$50 for first and
subsequent offenses to $50-$100 for a first offense and
$200-$500 for each subsequent offense. This increase applies
only to violations for which no other penalty is already
prescribed. |
| HB
2131 - Miller,
J.H. - Gang-free zones; established on certain types of
public and private property upon petition. |
(H) Committee
for Courts of Justice |
(H) Assigned Courts sub: Criminal |
01/20/09 |
| notes:
Establishes gang-free zones on certain types of public
property and on private property upon petition by residents
within the zone. Within such zones, criminal gang activity is
subject to enhanced criminal penalties. |
| HB
2136 - Miller,
J.H. - Misdemeanor arrest or summons; gives
law-enforcement officer choice of issuing summons &
releasing. |
(H) Committee
for Courts of Justice |
(H) Subcommittee recommends reporting |
01/21/09 |
| notes:
Gives a law-enforcement officer the choice of issuing a
summons and releasing the person or arresting him for Class 1
and 2 misdemeanors. Under current law, the law-enforcement
officer must release the person on a summons for most Class 1
and 2 misdemeanors unless the person fails to stop the
unlawful act or indicates that he will not appear as directed
in the summons. The bill also requires the officer to arrest
the person if he fails to stop the unlawful act; currently
arrest is discretionary when the person fails to stop the
unlawful act. |
| HB
2137 - Miller,
J.H. - Outdoor advertising; increases penalties for
violation thereof. |
(H) Committee
on Transportation |
(H) Assigned Transportation sub: 1 |
01/23/09 |
| notes:
Increases penalties for violation of certain provisions of the
outdoor advertising requirements from between $10-$50 to
between $50-$250. This increase applies only to violations for
which no other penalty is already prescribed. |
| HB
2138 - Miller,
J.H. - Graffiti abatement; permits localities to charge
property owner for cost thereof. |
(H) Committee
on Counties, Cities and Towns |
(H) Subcommittee recommends referring to VA Housing
Commission by voice vote |
01/29/09 |
| notes:
Permits localities to charge a property owner for the cost or
expenses of abating graffiti that occurs on his vacant
property, and to collect such charges as taxes are collected.
If the charges remain unpaid, they shall constitute a lien and
become enforceable in the same manner as unpaid local taxes.
|
| HB
2155 - Toscano
- Electric utility service; net energy metering. |
(H) Committee
on Commerce and Labor |
(H) Assigned C & L sub: 3 Energy |
01/26/09 |
| notes:
Requires an electric utility that purchases excess electricity
generated by an eligible customer-generator under the net
energy metering program pay for such electric power at a rate
that is at least equal to the retail tariff rate that the
customer-generator is charged for the electricity it buys from
the utility. The maximum generation capacity for a
nonresidential customer-generator is increased from 500
kilowatts to two megawatts. The measure also requires the
State Corporation Commission to establish a program that will
allow a customer with multiple, separately billed facilities
located within a utility's service territory, one or more of
which are eligible customer-generators, to aggregate the
electricity consumption and generation of its participating
facilities. |
| HB
2168 - Abbitt
- Stormwater offsets; authorizes permit-issuing authorities to
allow permit holders to comply. |
(H) Committee
on Agriculture, Chesapeake and Natural Resources |
(H) Subcommittee recommends reporting with amendment(s) |
01/28/09 |
| notes:
Authorizes permit-issuing authorities to allow stormwater
permit holders to comply with nonpoint nutrient runoff water
quality criteria by either (i) acquiring offsite nonpoint
nutrient offsets that have been certified under the Chesapeake
Bay Nutrient Exchange Program or (ii) through water quality
measures contained in a regional stormwater management plan.
The offsets have to be in the same tributary as the permitted
activity. The bill also requires an offset broker to pay the
permit-issuing authority a fee equal to six percent of the
amount paid by the permittee for the offsets. |
| HB
2209 - Frederick
- Health insurance; policy offered to small employer with 50
or less employees to protect uninsured. |
(H) Committee
on Commerce and Labor |
(H) Subcommittee recommends incorporating into HB2024 by
voice vote |
01/29/09 |
| notes:
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. This bill is a recommendation
of the Small Business Commission. |
| HB
2246 - Barlow
- Indoor Clean Air Act; localities to adopt ordinances
containing standards, etc. relating to smoking. |
(H) Committee
on General Laws |
(H) Referred to Committee on General Laws |
01/14/09 |
| notes:
Allows localities to adopt ordinances containing standards or
provisions relating to smoking in restaurants that meet or
exceed those established in the Virginia Indoor clean Air Act.
|
| HB
2292 - Cline
- Workers' Compensation Act; insurance notices. |
(H) Committee
on Commerce and Labor
(S) Committee
on Commerce and Labor |
(S) Referred to Committee on Commerce and Labor |
02/03/09 |
| notes:
Authorizes the Workers' Compensation Commission to designate
an agent for receipt of insurance-related notices that are
required to be given to the Commission by an employer,
insurance carrier, or group self-insurance association. The
measure will take effect upon passage. |
| HB
2293 - Albo
- Alcoholic Beverage Control Board; creates 2-year pilot
project for certain mixed beverage licensees. |
(H) Committee
on General Laws |
(H) Reported from General Laws (22-Y 0-N) |
02/03/09 |
| notes:
Creates a two-year pilot project for certain mixed beverage
licensees of the Alcoholic Beverage Control Board. The bill
allows a participating mixed beverage restaurant licensee to
use alternative calculation for the food-to-beverage ratio
based on volume by proof gallon. The bill sets out the
parameters of the pilot project and requires the ABC Board to
report its findings and any recommendations based on the
results of the project to the chairs of the House Committee on
General Laws and the Senate Committee on Rehabilitation and
Social Services on or before July 1, 2011. The bill defines
proof gallon. |
| HB
2315 - Carrico
- Electric utility rates; deferral of increases. |
(H) Committee
on Commerce and Labor |
(H) Assigned C & L sub: 3 Energy |
01/26/09 |
| notes:
Requires the State Corporation Commission (SCC) to defer a
portion of an investor-owned electric utility's increase in
residential electric rates or charges if, as a result of the
increase, the new residential rates are 15 percent higher than
its residential rates in the year preceding the rate increase.
The deferred amount is the revenue that would be collected by
the utility over the 36 months following the SCC's order,
based on the difference between the new rate and 115 percent
of its residential rate in the preceding year. The deferred
amount, with interest at a rate set by the SCC, will be
recovered from residential retail customers over a three-year
period. |
| HB
2337 - Amundson
- Health insurance; mandated coverage for amino acid based
elemental formulas. |
(H) Committee
on Commerce and Labor |
(H) Subcommittee recommends laying on the table by voice
vote |
02/03/09 |
| notes:
Requires health insurers, health care subscription plans, and
health maintenance organizations to provide coverage for the
provision of amino acid based elemental formulas for the
diagnosis and treatment of Immunoglobulin E and non
Immunoglobulin E mediated allergies to multiple food proteins
for enrollees under age 10, severe food protein induced
enterocolitis syndrome, eosinophilic disorders as evidenced by
the results of a biopsy, and impaired absorption of nutrients
caused by disorders affecting the absorptive surface,
functional length, and motility of the gastrointestinal tract.
|
| HB
2354 - Landes
- Suspension of mandates; requires Governor to temporarily
suspend on locality facing fiscal stress. |
(H) Committee
on General Laws |
(H) Assigned GL sub:
Professional/Occupational/Adminstrative Process |
01/23/09 |
| notes:
Requires the Governor to temporarily suspend mandates on a
locality upon a finding that it faces fiscal stress and the
suspension of the mandate or portion thereof would help
alleviate the fiscal hardship. Currently, suspension of the
mandate is discretionary with the Governor. The bill provides
that its provisions will expire on July 1, 2010. |
| HB
2371 - Nutter
- Real-time rates; SCC to promulgate regulations requiring
electric utilities to offer service. |
(H) Committee
on Commerce and Labor |
(H) Assigned C & L sub: 3 Energy |
01/26/09 |
| notes:
Directs the State Corporation Commission to promulgate
regulations requiring electric utilities to offer electric
service to non-residential customers under a tariff that
utilizes rates that vary in real time in accordance with
hourly changes in the utility's costs of providing
electricity. To be eligible to receive service under the
tariff, the customer shall operate a distributed generation
facility that produces electricity from renewable power. The
regulations shall also include provisions that require the
utility to purchase from such a customer electricity generated
at is distributed generation facility at a price that reflects
the utility's avoided costs as they vary hourly. To be
eligible for this part of the tariff, the facility's capacity
shall not exceed 200 megawatts. Up to 50 percent of the amount
of electricity for which the eligible customer is entitled to
receive payment under such tariff may be in the form of
reduced consumption through on-site efficiency measures. A
utility is not required to offer service under the tariff
after July 1, 2012, though customers receiving service under
the tariff may continue to do so. No more than one percent of
the utility's aggregate average monthly consumption is
eligible to take service under the tariff. The Commission is
required to report annually on the status of the measure and
the effectiveness of the tariff. |
| HB
2372 - Nutter
- Electric utility rates; curtailing peak power purchases. |
(H) Committee
on Commerce and Labor |
(H) Assigned C & L sub: 3 Energy |
01/26/09 |
| notes:
Directs the State Corporation Commission to promulgate
regulations requiring electric utilities to offer electric
service to nonresidential customers under a tariff that
induces customers to curtail electricity usage during periods
when the utility's costs of purchasing electric power rise
above their norm as a result of heightened load demand and
system congestion. The tariff shall ensure that the utility's
costs savings are shared with customers who curtail demand for
electric power through reduced rates or charges. |
| HB
2383 - Scott,
J.M. - Tax and fee discounts and allowances; eliminates
dealer tax and fee discounts and allowances. |
(H) Committee
on Appropriations |
(H) Assigned App. sub: Technology Oversight &
Government Activities (Landes) |
01/27/09 |
| notes:
Eliminates dealer tax and fee discounts and allowances for the
retail sales and use tax, tire recycling fee, communications
sales and use tax, cigarette and tobacco products tax, E-911
service tax, and fuels taxes. |
| HB
2411 - Bouchard
- Retail Sales and Use Tax; City of Virginia Beach may receive
from sales in public facilities. |
(H) Committee
on Finance |
(H) Incorporated by Finance (HB1691-Tata) |
02/02/09 |
| notes:
Adds the City of Virginia Beach to the list of cities that may
receive the sales tax revenues from sales in public facilities
within the city to be used to pay off the financing bonds. |
| HB
2424 - May
- Graffiti; restitution for abatement costs. |
(H) Committee
on Counties, Cities and Towns |
(H) Assigned CC & T sub: 2 |
01/23/09 |
| notes:
Permits courts to order any person convicted of unlawfully
defacing property to pay full or partial restitution to the
locality for costs incurred by the locality in removing or
repairing the defacement. Further provides that such order of
restitution shall be docketed as provided in § 8.01-446 when
and may be enforced by the locality in the same manner as a
judgment in a civil action. |
| HB
2443 - Melvin
- Zoning ordinances; restrictions on ABC licenses in City of
Portsmouth. |
(H) Committee
on Counties, Cities and Towns |
(H) Assigned CC & T sub: 2 |
01/23/09 |
| notes:
Provides that the City of Portsmouth may impose a condition
upon any special use permit issued after July 1, 2009,
relating to retail alcoholic beverage control licensees, which
provides that such special use permit will be subject to an
automatic review by the governing body upon a change of
ownership of the property, a change in possession, or a
transfer of majority control of the business entity. |
| HB
2446 - Sickles
- Motor fuels; updates standard for testing by Commissioner of
Agriculture & Consumer Services. |
(H) Committee
on Commerce and Labor |
(H) Printed as engrossed 090114810-E |
02/03/09 |
| notes:
Updates the referenced standard for testing by the
Commissioner of Agriculture and Consumer Services of motor
fuel or lubricating oil. The measure incorporates by reference
the specifications established by ASTM International and
incorporated into the ASTM specifications for motor fuels. The
measure revises the definitions of motor fuel and oxygenated
gasoline, and replaces several references to "gasoline" with
"motor fuel." |
| HB
2472 - Hugo
- Merchants' capital tax; gives lessor and lessee right to
terminate to be daily rental property. |
(H) Committee
on Finance |
(H) Read first time |
02/03/09 |
notes:
Deems rented merchants' capital under contracts giving both
the lessor and the lessee the right to terminate at any time
to be daily rental property. Under current law, persons
engaged in the short-term rental business cannot be taxed in
an amount that exceeds one percent of the gross proceeds from
daily rental property.
|
| HB
2479 - Hugo
- Real property tax rate; reduces tax imposed on commercial
property in Northern Virginia. |
(H) Committee
on Finance |
(H) Read first time |
02/03/09 |
| notes:
Reduces the rate of the additional real property tax that may
be imposed on commercial property by localities embraced by
the Northern Virginia Transportation Authority from $0.25 per
$100 to $0.125 per $100. |
| HB
2480 - Hugo
- Real property tax; commercial property in Northern Virginia
and Hampton Roads. |
(H) Committee
on Finance |
(H) Read first time |
02/03/09 |
| notes:
Requires localities to use the revenue from the special real
property tax on commercial property in localities embraced by
the Northern Virginia Transportation Authority or the Hampton
Roads Transportation Authority solely for new road
construction and new public transit construction. Under
current law, the localities must use the revenue for
transportation purposes that benefit the special regional
transportation tax district to which the locality belongs. |
| HB
2483 - Eisenberg
- Indoor Clean Air Act; prohibit presence of minors in all
indoor restaurants and bar, etc., in State. |
(H) Committee
on General Laws |
(H) Referred to Committee on General Laws |
01/14/09 |
| notes:
Moves the regulation of smoking in restaurants from Title 15.2
to a new chapter in Title 32.1. This bill prohibits the
presence of minors in all indoor restaurants and bar and
lounge areas in the Commonwealth that allow smoking. Requires
the posting of %93No Minors Allowed%94 signs where smoking is
allowed and provides for a $100 civil penalty for a first
violation of these provisions, and $250 for any subsequent
violation. |
| HB
2515 - Tata
- Workers' Compensation Act; increases maximum tax rate that
may be assessed on uninsured, etc. |
(H) Committee
on Commerce and Labor |
(H) Read second time and engrossed |
02/03/09 |
| notes:
Increases the maximum tax rate that may be assessed on
uninsured or self-insured employers from 0.25 percent to 0.5
percent. The revenues from the tax fund workers' compensation
benefits that are awarded against such employers from the
uninsured employer's fund. The measure sunsets on July 1,
2012. |
| HB
2519 - Phillips
- Electric utilities; SCC to establish procedures regarding
refunds of moneys collected. |
(H) Committee
on Commerce and Labor |
(H) Assigned C & L sub: 3 Energy |
01/26/09 |
| notes:
Requires the State Corporation Commission (SCC) to establish
procedures regarding refunds by electric utilities of moneys
collected from fuel cost tariffs in excess of actual fuel
costs. The measure directs the SCC to continuously review fuel
costs of all electric utilities and, if the SCC finds that a
utility is in an over-recovery position, or likely to be so,
to reduce the fuel cost tariffs to correct the over-recovery
or require the utility to refund over-recoveries to customers.
Currently, the SCC is authorized to review the fuel costs only
of those utilities not bound by a rate case settlement that
extended in its application beyond January 1, 2002, and if it
finds that such a utility is in an over-recovery position, or
likely to be so, the SCC is authorized to reduce its fuel cost
tariffs to correct the over-recovery. |
| HB
2522 - Nichols
- Health insurance plan for state employees; coverage for
employees of small employers. |
(H) Committee
on General Laws |
(H) Assigned GL sub:
Professional/Occupational/Adminstrative Process |
01/23/09 |
| notes:
Permits employers with 50 or fewer employees to apply for
coverage under the health insurance plan for state employees.
The premiums and an administrative costs are payable by the
participating employer or its eligible employees. |
| HB
2578 - Howell,
A.T. - Novelty cigarette lighters; prohibiting purchase,
distribution, etc. to persons under age of 18. |
(H) Committee
for Courts of Justice |
(H) Read first time |
02/03/09 |
| notes:
Provides that any person who knowingly sells, distributes, or
gives a novelty lighter to a person he knows or has reason to
know is a juvenile, is subject to a fine of no more than $100
and that any juvenile who attempts to purchase a novelty
lighter is subject to a fine of no more than $100. |
| HB
2588 - Englin
- Individual income, corporate income, and sales and use
taxes; restructuring various taxes. |
(H) Committee
on Finance |
(H) Referred to Committee on Finance |
01/22/09 |
notes:
Removes the remaining portion of the state sales and use tax
(one and one-half percent) from food for human consumption
(effective July 1, 2010), restructures the individual income
tax rate brackets, and exempts corporations having less than
$100,000 of Virginia taxable income from the Virginia
corporate income tax for taxable years beginning on or after
January 1, 2010.
The changes in the individual income
tax brackets are as follows:
In Excess Of But No More
Than Tax Rate
$17,000 $75,000 5.6%
(decrease)
$75,000 $400,000 5.75% (same as current
law)
$400,000 6.85% (increase)
|
| HB
2597 - Oder
- Alcoholic beverage control; ABC Board to adopt regulation
that require off-premise retail licensees. |
(H) Committee
on General Laws |
(H) Reported from General Laws (22-Y 0-N) |
02/03/09 |
| notes:
Mandates the ABC Board to adopt regulations that require
off-premises retail licensees to place any premixed alcoholic
energy drinks containing one-half of one percent or more of
alcohol by volume in the same location where wine and beer are
available for sale within the licensed premises. |
| HJ
620 - Oder
- Constitutional amendment; Transportation Fund, Highway
Maintenance and Operating Fund, etc. |
(H) Committee
on Privileges and Elections |
(H) Subcommittee recommends incorporating into HJ720 by
voice vote |
02/02/09 |
| notes:
Requires the General Assembly to maintain permanent and
separate Transportation Funds to include the Commonwealth
Transportation Fund, Transportation Trust Fund, Highway
Maintenance and Operating Fund, and other funds established by
general law for transportation. All revenues dedicated to
Transportation Funds on January 1, 2009, by general law, other
than a general appropriation law, shall be deposited to the
Transportation Funds, unless the General Assembly by general
law, other than a general appropriation law, alters the
revenues dedicated to the Funds. The amendment limits the use
of Fund moneys to transportation and related purposes. The
General Assembly may borrow from the Funds for other purposes
only by a vote of two-thirds plus one of the members voting in
each house, and the loan must be repaid with reasonable
interest within four years. |
| HJ
683 - Peace
- Retailers for Life Month; designating as April 2009, and
each succeeding year thereafter. |
(H) Committee
on Rules
(S) Committee
on Rules |
(S) Referred to Committee on Rules |
01/26/09 |
| notes:
Designates April, in 2009 and in each succeeding year, as
Retailers for Life Month in Virginia. |
| SB
920 - Reynolds
- Health insurance; policy offered to small employer with 50
or less employees to protect uninsured. |
(S) Committee
on Commerce and Labor |
(S) Read third time and passed Senate (40-Y 0-N) |
02/03/09 |
| notes:
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. This bill is a recommendation
of the Small Business Commission. |
| SB
921 - Reynolds
- Health insurance; eliminates all mandated benefits from
inclusion in individual policies. |
(S) Committee
on Commerce and Labor |
(S) Referred to Committee on Commerce and Labor |
01/05/09 |
| notes:
Eliminates all mandated benefits from inclusion in individual
health insurance policies. |
| SB
922 - Reynolds
- Larceny of money; to be charged as grand larceny and petit
larceny statutes. |
(S) Committee
for Courts of Justice |
(S) Constitutional reading dispensed (40-Y 0-N) |
02/03/09 |
| notes:
Allows larceny of bank notes, checks, or other writing or
paper of value to be charged as larceny under the grand
larceny and petit larceny statutes. |
| SB
960 - Obenshain
- Credit cards; clarifies language allowing acceptance thereof
by clerks to make it clear. |
(S) Committee
for Courts of Justice |
(S) Read third time and passed Senate (40-Y 0-N) |
01/27/09 |
| notes:
Clarifies the language allowing the acceptance of credit cards
by clerks to make it clear that the convenience fee collected
is to be collected from the person presenting the card as
payment and not the credit card issuer. The bill also changes
the language calling this fee a service charge to a reasonable
convenience fee to mirror the language used in credit
contracts. |
| SB
978 - Stuart
- Income taxes, state; recognition of income from dealer
disposition of property under installment. |
(S) Committee
on Finance |
(S) Reported from Finance (16-Y 0-N) |
02/03/09 |
| notes:
Allows the income from dealer dispositions of property made on
or after January 1, 2009, to be recognized under the
installment method at the election of the taxpayer, provided
that (i) the election relating to the dealer disposition of
the property has been made on or before the due date
prescribed by law for filing the taxpayer's income tax return,
and (ii) the dealer disposition is in accordance with
restrictions and conditions established by the Department. |
| SB
979 - Stuart
- Fuel fee; allows authorities to pass an ordinance to impose
a fee on motor vehicle violations. |
(S) Committee
on Local Government |
(S) Read third time and passed Senate (32-Y 7-N) |
02/02/09 |
| notes:
Allows authorities to pass an ordinance that would impose a
fee, not to exceed $10, on all motor vehicle violations. Such
fee shall go to the locality for the purpose of purchasing
fuel for local law-enforcement vehicles. |
| SB
982 - Wagner
- Stormwater; requires localities to regulate. |
(S) Committee
on Local Government |
(S) Reported from Local Government with amendment (14-Y
1-N) |
02/03/09 |
| notes:
Requires localities to provide full or partial waivers of
charges to any person who develops, redevelops or retrofits
outfalls, discharges or property so that there is a permanent
reduction in post-development stormwater flow and pollutant
loading. Under current law, localities have the option of
providing such waivers. |
| SB
983 - Wagner
- Alcoholic mixed beverages; exception for certain spirits
that licensee cannot deliver to consumer. |
(H) Committee
on General Laws
(S) Committee
on Rehabilitation and Social Services |
(H) Referred to Committee on General Laws |
01/30/09 |
| notes:
Makes an exception for certain spirits to the rule that a
mixed beverage licensee cannot deliver to a consumer alcoholic
beverages in the original bottle. To qualify for the
exception, the bill requires that (i) the original container
of spirits is no larger than 375 milliliters, (ii) the alcohol
content is no greater than 15 percent by volume, and (iii) the
contents of the container are carbonated and perishable. |
| SB
984 - Wagner
- Chesapeake Bay Preservation Act; stormwater regulations. |
(S) Committee
on Agriculture, Conservation and Natural Resources |
(S) Stricken at request of Patron in Agriculture,
Conservation and Natural Resources (15-Y 0-N) |
02/02/09 |
| notes:
Requires that the Chesapeake Bay Local Assistance Board adopt
regulations that treat swimming pools and any other
impoundments of surface waters, including fountains and
retention ponds, as permeable surfaces for the purposes of
stormwater management. |
| SB
987 - Colgan
- Tax and fee discounts and allowances; eliminates dealer tax
and fee discounts and allowances. |
(S) Committee
on Finance |
(S) Committee substitute printed 092911212-S1 |
02/03/09 |
| notes:
Eliminates dealer tax and fee discounts and allowances for the
retail sales and use tax, tire recycling fee, communications
sales and use tax, cigarette and tobacco products tax, E-911
service tax, and fuels taxes. |
| SB
1002 - Quayle
- Indoor Clean Air Act; localities to adopt ordinances
containing standards, etc. relating to smoking. |
(S) Committee
on Education and Health |
(S) Read third time and passed Senate (30-Y 10-N) |
02/03/09 |
| notes:
Allows localities to adopt ordinances containing standards or
provisions relating to smoking in restaurants that meet or
exceed those established in the Virginia Indoor clean Air
Act. |
| SB
1006 - Quayle
- Line of Duty Act; funding for Line of Duty Death and Health
Benefits Trust Fund. |
(S) Committee
on Finance |
(S) Referred to Committee on Finance |
01/13/09 |
| 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
1021 - McEachin
- Retail Sales and Use Tax; revenues generated on premises of
new stadium to be used to pay bonds. |
(S) Committee
on Finance |
(S) Committee substitute printed 096013273-S1 |
02/03/09 |
| notes:
Sets aside certain sales tax revenues generated by
transactions occurring on the premises of a new stadium or
structures attached thereto with such revenues to be used to
repay any bonds issued to finance the construction of such
stadium. The bonds must be issued on or after July 1, 2009,
but before July 1, 2012. |
| SB
1029 - Hanger
- Transient occupancy tax; any county ordinance may levy on
single-family residences rented out. |
(S) Committee
on Finance |
(S) Read third time and passed Senate (31-Y 7-N) |
01/30/09 |
| notes:
Provides that any county, by duly adopted ordinance, may levy
a transient occupancy tax on single-family residences rented
out for continuous occupancy for fewer than 30 consecutive
days. |
| SB
1033 - Hanger
- Licensed farm wineries; restrictions on activities. |
(H) Committee
on Agriculture, Chesapeake and Natural Resources
(S) Committee
on Local Government |
(H) Referred to Committee on Agriculture, Chesapeake and
Natural Resources |
02/02/09 |
| notes:
Amends the Commonwealth's policy regarding local restriction
on activities and events held at farm wineries by requiring
localities to take into account the agricultural nature of
such activities and events. |
| SB
1041 - Hanger
- Fuels taxes; annually adjusted. |
(S) Committee
on Finance |
(S) Referred to Committee on Finance |
01/13/09 |
| notes:
Adjusts fuels taxes each year on April 1 by the percentage
increase in the Corporate Average Fuel Economy (sales volume
weighted), Total Fleet (the CAFE) for the immediately
preceding calendar year over the CAFE for calendar year 2008.
The first adjustment would occur on April 1, 2010. |
| SB
1057 - Whipple
- Smoke Free Air Act; smoking in public places, civil
penalties. |
(S) Committee
on Education and Health |
(S) Read third time and passed Senate (24-Y 15-N) |
02/03/09 |
| notes:
Moves the law restricting smoking in buildings and other
enclosed areas from the title relating to local government
(15.2) to the title relating to health (32.1) and prohibits
smoking indoors in most buildings or enclosed areas frequented
by the public. Exceptions are provided for (i) private homes,
private residences, private automobiles, and home-based
businesses, unless used in conjunction with a licensed child
care, adult day care, or health care facility; (ii) private
clubs, except when being used for functions attended by
persons other than members and invited guests; (iii) hotel or
motel rooms designated as smoking rooms that are offered for
rent to the public; (iv) specialty tobacco stores; (v) tobacco
manufacturers; and (vi) private and semiprivate rooms in
nursing homes and long-term care facilities. The bill requires
the posting of "No Smoking" signs inside and at the entrances
of areas where smoking is prohibited. Any person who continues
to smoke in an area in which smoking is prohibited will be
subject to a civil penalty of not more than $100 for the first
offense, and $250 for subsequent offenses. Failure to comply
with the smoking restrictions will subject proprietors to a
$200 civil penalty for the first offense and $500 for
subsequent offenses. |
| SB
1074 - Howell
- BPOL tax; allows towns to levy on any person, firm, etc., in
business of renting real property. |
(S) Committee
on Finance |
(S) Read third time and passed Senate (29-Y 9-N) |
01/30/09 |
| notes:
Allows the Towns of Herndon and Leesburg to levy the BPOL tax
on any person, firm, or corporation engaging in the business
of renting real property. |
| SB
1258 - McDougle
- Alcoholic beverage control; requires ABC Board to establish
a schedule of offenses. |
(H) Committee
on General Laws
(S) Committee
on Rehabilitation and Social Services |
(H) Referred to Committee on General Laws |
01/30/09 |
| notes:
Requires the ABC Board, by regulation, to establish a schedule
of offenses for which any penalty may be waived upon a showing
that the licensee has had no prior violations within three
years immediately preceding the date of the violation. |
| SB
1259 - Vogel
- Land preservation; increases cap on aggregate amount of tax
credits. |
(S) Committee
on Finance |
(S) Referred to Committee on Finance |
01/14/09 |
| notes:
Increases the cap on the aggregate amount of land preservation
tax credits that can be issued to $115 million, beginning in
calendar year 2010. |
| SB
1260 - Vogel
- Health insurance; mandated coverage for autism spectrum
disorder. |
(S) Committee
on Commerce and Labor |
(S) Referred to Committee on Commerce and Labor |
01/14/09 |
| notes:
Requires health insurers, health care subscription plans, and
health maintenance organizations to provide coverage for the
diagnosis and treatment of autism spectrum disorder in
individuals under age 21. Coverage is subject to an annual
maximum benefit of $36,000. |
| SB
1266 - Vogel
- School calendar; local school boards responsible for setting
and eliminates post-Labor Day opening. |
(S) Committee
on Commerce and Labor |
(S) Rereferred to Commerce and Labor |
01/26/09 |
| notes:
Makes local school boards responsible for setting the school
calendar and determining the opening of the school year and
eliminates the post-Labor Day opening requirement and "good
cause" scenarios for which the Board of Education might grant
waivers of this requirement. |
| SB
1272 - Vogel
- Tax and fee legislation; requires sunset dates on all and on
those existing that are increased. |
(S) Committee
on Rules |
(S) Assigned Rules sub: Studies |
02/02/09 |
| notes:
Requires a sunset date on all bills that add new taxes or fees
or increase the rate of existing taxes or fees. The sunset
dates would be required for both state and local tax or fee
bills. |
| SB
1274 - Vogel
- Health insurance; business practices. |
(S) Committee
on Commerce and Labor |
(S) Referred to Committee on Commerce and Labor |
01/14/09 |
| notes:
Prohibits the issuance, delivery, sale, or negotiation of an
accident and sickness insurance policy, subscription contract
for a health services plan, or health care plan, which
provides for premiums to be paid on a monthly or other period
basis, to require that the policyholder pay premiums in
advance for future periods, as a condition to reinstatement of
the policy, contract, or plan. Issuers of such policies,
contracts, or plans shall not refuse to permit a policyholder
to reinstate a policy, contract, or plan on the basis of the
policyholder's claims experience or history of premium
payments. The measure also requires that individual and group
health policies, contracts, and plans include a grace period
of not less than 90 days for the payment of any premium,
except for the first premium. |
| SB
1283 - Newman
- Motor fuels tax; change in tax basis. |
(S) Committee
on Finance |
(S) Stricken at request of Patron in Finance (16-Y 0-N) |
02/03/09 |
| notes:
Replaces $0.05 per gallon of the current fuels tax on
gasoline, gasohol, and diesel fuel with a cents-per-gallon tax
equal to five percent of the statewide average wholesale price
of a gallon of self-serve unleaded regular gasoline. The
change to the fuels tax rate would only occur if the statewide
weekly average wholesale price of a gallon of self-serve
unleaded regular gasoline falls below $0.99 per gallon. |
| SB
1315 - Locke
- Machinery and tools; separate classification for local
taxation. |
(S) Committee
on Finance |
(S) Read third time and passed Senate (39-Y 0-N) |
01/30/09 |
| notes:
Declares machinery and tools used directly in the manufacture
of precision investment castings to be a separate
classification of machinery and tools for local taxation.
Localities may tax property so classified at rates or
assessment ratios that are less than those for other machinery
and tools. |
| SB
1339 - Herring
- Electric utility regulation; directs SCC to take into
account whether facility consistent. |
(S) Committee
on Commerce and Labor |
(S) Assigned C&L sub: Utilities |
01/23/09 |
| notes:
Directs the State Corporation Commission to take into account,
when considering requests for a certificate, permit, or
approval for a generation facility, whether the facility is
consistent with the utility's integrated resource plan. The
measure also (i) establishes a fourth voluntary renewable
portfolio standard goal of 15 percent by 2025; (ii) allows
utilities to recover costs of designing and operating demand
management, conservation, energy efficiency, and load
management programs, including an enhanced rate of return on
capital invested in energy efficiency, including advanced
metering infrastructure, of 200 basis points for between three
and seven years; (iii) requires utilities to develop tariffs
offering real-time variable rates; and (iv) requires that
rates for utility payments to eligible customer-generators
under a net energy metering program be not less than the rate
the utility charges its customers for electricity provided 100
percent from renewable energy. |
| SB
1341 - Lucas
- Alcoholic beverages; underage consumption. |
(S) Committee
for Courts of Justice |
(S) Assigned Courts sub: Criminal |
01/27/09 |
| notes:
Provides that anyone who knowingly permits underage
consumption of alcoholic beverages in his dwelling or on his
private real property, or who knows that such behavior is
occurring but fails to make reasonable efforts to halt it, is
guilty of a Class 3 misdemeanor. |
| SB
1351 - Wagner
- Health insurance plan; insurance mandate for accident, etc.
apply to plans for state employees. |
(S) Committee
on Commerce and Labor |
(S) Committee substitute printed 090203340-S1 |
02/03/09 |
| notes:
Provides that any law effective on or after July 1, 2009, that
provides for an insurance mandate for policies of accident and
health insurance shall also apply to health insurance plans
for state employees. The measure also requires the Department
of Human Resource Management to report to the Special Advisory
Commission on Mandated Health Insurance Benefits on cost and
utilization information for each of the mandated benefits. |
| SB
1355 - Wagner
- Trusts, state and local; created to fund costs for providing
postemployment public benefits. |
(S) Committee
on Finance |
(S) Referred to Committee on Finance |
01/14/09 |
| notes:
Creates trusts or equivalent arrangements to fund the costs of
providing postemployment benefits other than pensions for the
Commonwealth and for counties, cities, towns, school
divisions, and other political subdivisions of the
Commonwealth. |
| SB
1369 - Barker
- Graffiti abatement; permits localities to charge property
owner for cost thereof. |
(S) Committee
on Local Government |
(S) Reported from Local Government with substitute (10-Y
5-N) |
02/03/09 |
| notes:
Permits localities to charge a property owner for the cost or
expenses of abating graffiti that occurs on his vacant
property, and to collect such charges as taxes are collected.
If the charges remain unpaid, they shall constitute a lien and
become enforceable in the same manner as unpaid local taxes.
|
| SB
1382 - Stolle
- Smoking in restaurants; creates a statewide ban thereon. |
(S) Committee
on Education and Health |
(S) Assigned Education sub: Special on Smoking |
01/14/09 |
| notes:
Creates a statewide ban on smoking in restaurants, sets out
exceptions to this ban, and provides for civil penalties for
violation. The bill contains technical amendments. |
| SB
1422 - Stolle
- Crimes, several; penalties. |
(S) Committee
for Courts of Justice |
(S) Assigned Courts sub: Criminal |
01/19/09 |
| notes:
Creates a new class of misdemeanor, called an %93aggravated
misdemeanor%94, allowing for up to two years of incarceration
and/or a fine of up to $2,500, for crimes including, but not
limited to, larceny offenses between $200 and $500, second
offense petit larceny, second offense of a violation of a
protective order within five years, recruiting another into a
street gang, assault and battery hate crimes, assault and
battery of school personnel, second offense domestic assault,
second offense stalking, second offense DUI crimes, third
offense of driving on a suspended sentence, and driving after
having been declared an habitual defendant. The bill also
creates the crime of conspiracy to commit petit larceny and
allowing for the amount of all goods stolen pursuant to such a
conspiracy to be aggregated for any six-month period.
Multijurisdictional grand juries are empowered to investigate
and issue indictments for grand larceny and conspiracy to
commit larceny. The bill adds larceny to the offenses that
comprise a %93predicate criminal act%94 as for the purposes of
criminal gang activity and raises the threshold amount for
grand larceny from $200 to $500. |
| SB
1431 - Cuccinelli
- REAL ID Act; State will not comply with provision thereof
that compromises economic privacy, etc. |
(S) Committee
on General Laws and Technology |
(S) Referred to Committee on General Laws and
Technology |
01/16/09 |
| notes:
Provides that the Commonwealth will not comply with any
provision of the federal REAL ID Act and with any other
federal law, regulation, or policy that would compromise the
economic privacy, biometric data, or biometric samples of any
resident of the Commonwealth. |
| SB
1443 - Martin
- Income tax, state; tax credit for health insurance premiums
paid by small business employers. |
(S) Committee
on Finance |
(S) Referred to Committee on Finance |
01/19/09 |
| notes:
Provides a tax credit for taxable years beginning on or after
January 1, 2009, to employers who pay at least one-half of the
annual health insurance premium per employee. The amount of
the credit is the lesser of $500 or the amount paid per
employee. The total amount of credits available to each
employer annually is limited to $25,000. The credits are
available to employers with 50 or fewer full-time
employees. |
| SB
1445 - Deeds
- Alcoholic beverage control; location of sale for shipper's
license. |
(S) Committee
on Rehabilitation and Social Services |
(S) Engrossed by Senate - committee substitute SB1445S1 |
02/03/09 |
| notes:
Clarifies, for purposes of determining the location, premises,
or place of sale by a wine shipper licensee or a beer shipper
licensee pursuant to § 4.1-203, that a sale occurs when wine
or beer is delivered by the licensee to an approved common
carrier for shipment. |
| SB
1474 - McEachin
- Retail Sales and Use Tax; dealer discounts. |
(S) Committee
on Finance |
(S) Stricken at request of Patron in Finance (16-Y 0-N) |
02/03/09 |
| notes:
Provides a dealer discount of local sales taxes to registered
dealers using software designed to more accurately allocate
local sales taxes to counties and cities. The Department of
Taxation would be required to certify the software. The
aggregate discount of local sales taxes that could be taken by
the dealer would not exceed the purchase price of the
certified software. |
| SB
1494 - Herring
- Spirits delivery permit; authorizes permittee to purchase
spirit from Board and deliver to business. |
(S) Committee
on Rehabilitation and Social Services |
(S) Referred to Committee on Rehabilitation and Social
Services |
01/22/09 |
| notes:
Creates a spirits delivery permit that would authorize the
permittee to purchase spirits from the Board and to deliver
the spirits to the business premises of a mixed beverage
licensee. Upon written authorization by any mixed beverage
licensee, the permittee may purchase the spirits directly from
the Board using its own business checks and credit cards,
provided the mixed beverage licensee makes payment at or
before the time of delivery. |
| SB
1495 - Locke
- Unemployment compensation; voluntarily leaving employment to
accompany military spouse. |
(S) Committee
on Commerce and Labor |
(S) Referred to Committee on Commerce and Labor |
01/22/09 |
| notes:
Provides that good cause for leaving employment exists if an
employee voluntarily leaves a job to accompany the employee's
spouse, who is on active duty in the military or naval
services of the United States, to a new military-related
assignment established pursuant to a permanent change of duty
order from which the employee's place of employment is not
reasonably accessible. The measure applies only if the state
to which the spouse is transferred has a similar provision.
Benefits paid to qualifying claimants shall be charged against
the pool rather than against the claimant's
employer. |