2011 SESSION

Convened January 12, 2011 -

TRADE AND COMMERCE

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation

(C) Carried over from 2010 Session (CD) Carried over but died in committee on or before 12/2/2010

Advanced Shipbuilding Training Facility Grant Program; revises Program. Amending § 59.1-284.23; adding fifth enactment of Chapters 798 and 850, 2009 Acts. (Patron-Jones, HB 2495 (Chapter 749))

Alcoholic beverage control; creates art instruction studio license. Amending §§ 4.1-100, 4.1-206, 4.1-231, and 4.1-233. (Patron-McQuinn, HB 2505 (F))

Alcoholic beverage control; creates new wine and beer license for gourmet oyster houses. Amending §§ 4.1-209, 4.1-231, and 4.1-233. (Patron-Pollard, HB 2501 (Chapter 626))

Alcoholic beverage control; ownership interests of manufacturers. Amending § 4.1-216. (Patron-Norment, SB 1192 (F))

Automatic dialing-announcing devices; prohibits caller from using such device to make debt collection communication to subscriber, exceptions. Amending §§ 59.1-518.1 and 59.1-518.2. (Patron-Loupassi, HB 1436 (F))

Automatic dialing-announcing devices; prohibits use of making a call to subscriber registered with Do Not Call Registry. Amending § 59.1-518.2. (Patron-Bell, Robert B., HB 905 (CD))

Bisphenol A-Free Children and Babies Act; created, prohibiting sale of certain child-care products. Adding §§ 59.1-550, 59.1-551, and 59.1-552. (Patron-Barker, SB 1449 (F))

Bulk Sales; repeals Title 8.6A of Code of Virginia which is considered obsolete. Amending §§ 8.1A-204, 8.1A-301, 8.2-403, 59.1-352.7, 59.1-481, and 59.1-501.3; repealing §§ 8.6A-101 through 8.6A-110. (Patron-Comstock, HB 2206 (Chapter 369))

Business license incentive program; Cities of Virginia Beach and Chesapeake may establish by ordinance for qualifying businesses. Amending § 58.1-3703. (Patron-Iaquinto, HB 1587 (Chapter 25))

Business, professional and occupational license (BPOL) tax; allows localities to decide whether to impose on a business’s gross receipts or its State taxable income. Amending § 58.1-3702. (Patron-Cole, HB 110 (CD); Cole, HB 1437 (Chapter 685))

Business, professional, occupational license (BPOL) tax; exemption for unprofitable business. Amending § 58.1-3703. (Patron-Ruff, SB 1408 (Chapter 188))

Clean Energy Manufacturing Incentive Grant Program; created. Amending §§ 2.2-1111 and 45.1-394; adding §§ 59.1-284.25, 59.1-284.26, and 59.1-284.27; repealing §§ 45.1-392, 45.1-393, and 45.1-394. (Patron-Byron, HB 2316 (Chapter 815); Deeds, SB 1229 (I) See SB1360; Stosch, SB 1360 (Chapter 864))

Computer and digital forensic services; definition, exempt from regulation as a private security service business. Amending §§ 9.1-138 and 9.1-140. (Patron-Keam, HB 2271 (Chapter 263))

Constitutional amendment; property tax relief for certain businesses (first reference). Amending Section 6 of Article X. (Patron-Stuart, SJR 69 (CD))

Enterprise zone incentive grants; policies and procedures for allocation. Amending § 59.1-549. (Patron-BaCote, HB 1599 (Chapter 202); Norment, SB 1348 (Chapter 320))

Enterprise zone job creation grants; eligibility of business firm. Amending § 59.1-547. (Patron-Armstrong, HB 2111 (F))

Firearms; requires criminal history record check be performed at a gun show before vendor may transfer. Amending § 54.1-4200; adding §§ 18.2-308.2:4 and 54.1-4201.2. (Patron-McClellan, HB 1669 (F))

Foreclosure procedures; makes various changes to procedures. Amending §§ 26-15, 55-58.1, 55-59, 55-59.1, 59.1-199, and 59.1-200; adding §§ 55-59.5 and 55-59.6. (Patron-McEachin, SB 795 (F))

Goods; those produced or manufactured within State are not subject to federal law, federal regulation, etc. Adding § 59.1-21.29. (Patron-Cole, HB 1438 (F))

Governor’s Development Opportunity Fund; contract between political subdivision and business beneficiary regarding a grant. Amending § 2.2-115. (Patron-McEachin, SB 1315 (Chapter 539))

Gross premiums of certain insurance; administration of tax. Amending §§ 32.1-352, 38.2-1026, 38.2-1611.1, 38.2-1709, 38.2-4809, 58.1-435, 58.1-2500, 58.1-2503 through 58.1-2508, 58.1-2510, 58.1-2520, 58.1-2521, 58.1-2522, 58.1-2525, 58.1-2526, 58.1-2528, 58.1-2531, and 59.1-280; adding §§ 38.2-4809.1, 38.2-4816, 58.1-2532, and 58.1-2533. (Patron-Stosch, SB 1124 (Chapter 850))

Income tax, corporate; lower rate for certain businesses. Amending § 58.1-400. (Patron-Stuart, SB 998 (F))

Income tax, corporate; reduction of rate for up to three years for certain small businesses. Amending § 58.1-400. (Patron-Bell, Richard P., HB 94 (CD); Bell, Richard P., HB 1410 (F))

Income tax, corporate; tax credit to taxpayers engaged in manufacturing goods or distribution of manufactured goods that use Virginia port facilities, etc. Adding § 58.1-439.12:06. (Patron-Wagner, SB 1481 (Chapter 872))

Income tax, corporate; Virginia port volume increase tax credit. Adding § 58.1-439.12:06. (Patron-Purkey, HB 2531 (Chapter 831))

Income tax, state; barge and rail usage tax credit. Adding § 58.1-439.12:06. (Patron-Purkey, HB 2385 (Chapter 820); McWaters, SB 1282 (Chapter 861))

Income tax, state; exemption for certain small businesses. Amending §§ 58.1-321 and 58.1-401. (Patron-Pollard, HB 2390 (F))

Income tax, state; industrial building rehabilitation tax credit. Adding § 58.1-439.12:06. (Patron-Stanley, SB 1432 (F))

Income tax, state; international trade facility tax credit. Amending § 58.1-439.15; adding § 58.1-439.12:06. (Patron-Wagner, SB 1136 (Chapter 49))

Income tax, state; research and development expenses tax credit. Adding § 58.1-439.12:06. (Patron-Cline, HB 1447 (Chapter 742); Herring, SB 1326 (Chapter 745))

Income tax, state; small business investment tax credit. Adding § 58.1-439.12:03. (Patron-Loupassi, HB 2 (CD))

Income tax, state; small employer health insurance tax credit. Adding § 58.1-439.12:06. (Patron-Reynolds, SB 1442 (F))

Income tax, state; tax credits for individuals and businesses for qualified research and development expenses, report. Adding § 58.1-439.12:06. (Patron-Lingamfelter, HB 2325 (I) See HB1447)

Information Technologies Agency; assist public bodies of State to determine rules and standards for distribution of electronic records and signatures. Amending §§ 2.2-2010 and 59.1-496. (Patron-Robinson, HB 2189 (F))

Joint enterprise zone; authorizes Department of Housing and Community Development to expand an existing zone consisting of two localities, etc. Amending § 59.1-544. (Patron-Barlow, HB 2131 (Chapter 254); Lucas, SB 779 (Chapter 310))

License tax credit; credit against state license tax liability on certain insurance companies for investments in State small business investment companies. Adding §§ 58.1-2532 through 58.1-2551. (Patron-Merricks, HB 1384 (CD))

License tax, state; credit for investment in small business investment companies. Adding §§ 58.1-2532 through 58.1-2551. (Patron-McWaters, SB 733 (CD))

Local Defense Manufacturing Zones; created, allows local governments to designate. Adding § 58.1-3851.1. (Patron-Marsh, SB 969 (F))

Manufacturing jobs; Virginia Manufacturing Development Commission directed to develop plan for repatriating and evaluating possible tax incentives, report. (Patron-May, HJR 735 (P))

Minority Business Enterprise, Department of; definition of small business. Amending § 2.2-1401. (Patron-Wilt, HB 1555 (F))

Minority Business Enterprise, Department of; enhancement or remedial measures by small, women-owned, and minority-owned businesses. Amending §§ 2.2-1402, 2.2-1403, 2.2-4310, and 15.2-965.1; adding § 2.2-1403.1. (Patron-Obenshain, SB 1273 (F))

Motor fuel inspection; affixation of decal showing state and federal taxes. Amending §§ 3.2-5609 and 59.1-152. (Patron-Obenshain, SB 1210 (F))

Motor vehicle dealer, manufacturer, etc.; burden of proving by preponderance of evidence in hearings before Commissioner. Amending § 46.2-1573. (Patron-McDougle, SB 1437 (Chapter 650))

Personal Information Privacy Act; makes several amendments to Act. Amending §§ 59.1-443.2 and 59.1-444. (Patron-Ticer, SB 1239 (F))

Prepaid cards; disclosure requirements. Amending § 59.1-200; adding §§ 59.1-532.1, 59.1-532.2, and 59.1-532.3. (Patron-Ward, HB 1614 (F))

Pressurized gas dusters; prohibits any person from selling, etc., in open displays or unlocked cases that are accessible to public. Amending § 59.1-200; adding §§ 59.1-141.1, 59.1-141.2, and 59.1-141.3. (Patron-Crockett-Stark, HB 1450 (F))

Public procurement; includes person with disability-owned businesses in provisions. Amending §§ 2.2-1400, 2.2-1401, 2.2-1403, 2.2-1404, 2.2-1405, 2.2-3705.6, 2.2-4310, 15.2-965.1, 18.2-213.1, and 23-38.88. (Patron-Pogge, HB 1671 (F))

Redesignation of joint enterprise zones; Department of Housing and Community Development to expand those consisting of two localities. Amending § 59.1-544. (Patron-Tyler, HB 1744 (I) See HB2131)

Sales of secondhand building materials; chief of police may refuse to issue a permit to allow a person to engage in business if applicant has been convicted of a felony within three years preceding application. Amending §§ 59.1-117, 59.1-118, 59.1-119, 59.1-120 through 59.1-123, and 59.1-125; adding § 59.1-116.1. (Patron-Wagner, SB 854 (Chapter 836))

Secondhand metal articles; expands requirements imposed on purchasers. Amending § 59.1-126. (Patron-BaCote, HB 1597 (F))

Secondhand metal articles; sales procedures. Amending § 59.1-126. (Patron-Carrico, HB 2050 (Chapter 80))

Service handguns; purchase of weapon when resignation in good standing. Amending § 59.1-148.3. (Patron-Miller, P.J., HB 2526 (Chapter 628))

Small businesses; clarifies process review of existing regulations. Amending §§ 2.2-4001 and 2.2-4007.1. (Patron-LeMunyon, HB 2006 (Chapter 241); Edwards, SB 1070 (Chapter 315))

Small businesses; joint subcommittee to study whether state laws and regulations impede ability to act collectively in procuring health insurance. (Patron-Villanueva, HJR 618 (F))

State Corporation Commission; moratorium on filing fees for business entities. (Patron-Massie, HB 1730 (F))

Strategic Manufacturing and Job Repatriation Act; created, report. Adding §§ 59.1-550 through 59.1-555. (Patron-May, HB 2030 (F))

Tobacco Master Settlement Agreement; bond requirements and escrow payments by certain manufacturers. Amending §§ 3.2-4206.1 and 3.2-4211. (Patron-Martin, SB 1268 (Chapter 297))

Tourism zones; tax revenues for tourism projects. Adding § 58.1-3851.1. (Patron-James, HB 2285 (Chapter 814); Norment, SB 1193 (Chapter 646))

Trademark infringement; court in criminal proceeding to order that material be destroyed, etc. Amending §§ 59.1-92.2, 59.1-92.12, and 59.1-92.13. (Patron-Cline, HB 2148 (Chapter 801))

Uniform Computer Information Transactions Act; liability or immunity of both providers and licensees of digital identity credentials. Amending §§ 6.2-1816, 6.2-2218, 59.1-501.2, 59.1-504.4, and 59.1-508.1. (Patron-May, HB 2259 (F))

Virginia Consumer Protection Act; prohibited practice for supplier to sell, etc., defective drywall. Amending §§ 59.1-198 and 59.1-200. (Patron-Miller, J.C., SB 1294 (Chapter 615))

Virginia Economic Development Partnership Authority; reports by businesses receiving development subsidies. Adding § 2.2-2240.3. (Patron-Toscano, HB 1870 (F))

Virginia Home Solicitation Sales Act; removes from statutorily authorized form of notice of a buyer’s right to cancel a home solicitation sale a certain provision. Amending § 59.1-21.4. (Patron-Oder, HB 2522 (F))

Virginia Motor Vehicle Warranty Enforcement Act; relating to consumers. Amending § 59.1-207.11. (Patron-Bell, Robert B., HB 2521 (F))

Virginia Public Procurement Act; establishment of historically underutilized business zones (HUB zones). Amending §§ 2.2-1111, 2.2-1402, and 2.2-2012; adding § 2.2-4310.1. (Patron-Dance, HB 1581 (F); Puckett, SB 1016 (F))

Virginia Public Procurement Act; price matching by State’s businesses. Amending § 2.2-4324. (Patron-Marshall, D.W., HB 1929 (Chapter 343))

Virginia Racing Commission; authorized restricted wagering facilities, penalty. Amending §§ 18.2-326, 59.1-369, and 59.1-392. (Patron-Scott, E.T., HB 1832 (Chapter 732))

Virginia Racing Commission; authorizes wagering on historical horse racing. Amending §§ 59.1-365, and 59.1-392. (Patron-Norment, SB 1347 (F); Herring, SB 1438 (I) See SB1347)

Virginia Racing Commission; limited licenses, licensing of limited duration meetings. Amending §§ 59.1-376 and 59.1-378.1. (Patron-Herring, SB 1332 (I) See SB1429)

Virginia Racing Commission; net pool wagering, retainage. Amending §§ 59.1-365, 59.1-369, 59.1-370, 59.1-372, 59.1-378, 59.1-378.1, 59.1-382, 59.1-387, 59.1-390, 59.1-391, 59.1-392, and 59.1-401. (Patron-Norment, SB 1429 (F))

Virginia Racing Commission; powers and duties, allocation of retainage. Amending §§ 59.1-369 and 59.1-392. (Patron-Herring, SB 1333 (I) See SB1429)

Virginia Small Business Financing Authority; definition of eligible business. Amending § 2.2-2279. (Patron-Villanueva, HB 1949 (F))

Virginia Small Business Financing Authority; removes from definition of eligible business a nonprofit entity granted tax-exempt status. Amending § 2.2-2279. (Patron-Barlow, HB 2129 (F); Norment, SB 1349 (F))

Virginia small business investment companies; creates credit against insurance license tax for investments. Adding §§ 58.1-2532 through 58.1-2552. (Patron-Merricks, HB 2283 (F))

Virginia small business investment companies; tax credit against state license tax liability on certain insurance companies for investments. Adding §§ 58.1-2532 through 58.1-2552. (Patron-McWaters, SB 1365 (F))

Weights and measures; imposition of fee used for inspecting and testing petroleum dispensing pumps. Amending §§ 3.2-5609 and 62.1-44.34:13. (Patron-Whipple, SB 973 (F))