2014 SESSION

Convened January 8, 2014
Adjourned sine die March 8, 2014
Reconvened April 23, 2014
Adjourned sine die April 23, 2014

TRADE AND COMMERCE

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

(C) Carried over to 2015 Session

Business permit, license, or an application for local government approval; assistance and documentation required from localities. Adding § 15.2-110. (Patron-Head, HB 94 (F))

Business, Professional, and Occupational License (BPOL) tax; appeal of business license tax classification or subclassification of a business, administrative appeals. Amending § 58.1-3703.1. (Patron-Head, HB 497 (Chapter 27))

Business records; admissibility as evidence in any civil proceeding. Amending § 8.01-391; adding § 8.01-390.3. (Patron-Loupassi, HB 301 (Chapter 398))

Businesses, certain; local limitations on number that may operate within locality’s territorial limits. Adding § 15.2-912.4. (Patron-Surovell, HB 979 (F))

Commercial credit reporting; establishes procedure through which commercial enterprise operating in Virginia may request access to view its credit report. Amending § 59.1-200; adding §§ 59.1-444.3 through 59.1-444.6. (Patron-Head, HB 370 (C))

Credit information; security freezes for certain minors and incapacitated persons, effective date. Amending §§ 59.1-444.1 and 59.1-444.2; adding § 59.1-444.3. (Patron-Filler-Corn, HB 543 (Chapter 570); Surovell, HB 934 (F))

Enterprise Zone Grant Program; designation of noncontiguous areas. Amending § 59.1-542. (Patron-Hodges, HB 60 (C))

Enterprise Zone Grant Program; redesignation of certain joint enterprise zones. Amending § 59.1-544. (Patron-Hodges, HB 115 (F))

Enterprise Zone Grant Program; removes restriction on number that may exist at any one time. Amending § 59.1-542. (Patron-Yancey, HB 863 (F))

Enterprise zones; expands criteria for designation. Amending § 59.1-545. (Patron-James, HB 350 (C))

False advertisement for regulated services; notice, penalty. Amending § 59.1-200; adding § 9.1-149.1. (Patron-Albo, HB 280 (Chapter 396))

Florist business; misrepresentation of geographic location, penalty. Amending § 59.1-200; adding §§ 59.1-207.45 through 59.1-207.48. (Patron-Puckett, SB 76 (F))

Income tax, state; tax credit for principal paid on business loans. Adding § 58.1-339.13. (Patron-Davis, HB 381 (C))

Income tax, state and corporate; tax credit for small businesses hiring graduates of Virginia’s public colleges. Adding § 58.1-439.12:11. (Patron-Herring, HB 678 (F))

Invention development services; required disclosure, Attorney General shall enforce certain provisions and have right to recover a civil penalty not to exceed $10,000 for each and every violation. Amending §§ 59.1-210 and 59.1-215. (Patron-Farrell, HB 180 (Chapter 759))

License, local and local machinery and tools taxes; Commonwealth to pay on behalf of taxpayers total amount of taxes owed to locality for any calendar year, etc. (Patron-Stanley, SB 112 (F))

License tax, local; changes from tax on gross receipts to tax on net income of businesses. Amending § 58.1-3702. (Patron-Head, HB 371 (C))

Paper and plastic bags; imposes tax of five cents beginning on July 1, 2015, on disposable bags used by purchasers to carry tangible personal property purchased in grocery stores, convenience stores, or drug stores. Adding §§ 58.1-1743 through 58.1-1747 and 58.1-3832.1. (Patron-Morrissey, HB 117 (F))

Patent infringement; assertions made in bad faith, bonding requirement not to exceed $250,000, etc. Adding §§ 59.1-215.1 through 59.1-215.4. (Patron-Marshall, R.G., HB 12 (F))

Patent infringement; assertions made in bad faith, certain enforcement provisions shall be exercised solely by Attorney General or an attorney for the Commonwealth, exemptions, penalties. Adding §§ 59.1-215.1 through 59.1-215.4. (Patron-O’Quinn, HB 375 (Chapter 810); Stuart, SB 150 (Chapter 819))

Personal Information Privacy Act; use of Department of Motor Vehicles-issued driver’s license or identification card information. Amending § 59.1-442; adding § 59.1-443.3. (Patron-Bulova, HB 1072 (Chapter 789); Marsden, SB 40 (Chapter 795))

Personal property tax; classification of property of business that qualifies under local ordinance for first two years in which subject to tax. Amending § 58.1-3506. (Patron-Davis, HB 617 (Chapter 409))

Petroleum or propane transport vehicles; allows amber warning lights on vehicles to be lit when parked or while delivering products. Amending § 46.2-1025. (Patron-Scott, HB 123 (Chapter 54))

Precious metals dealers; chief law-enforcement officer may waive permit fee for certain retail merchants. Amending § 54.1-4108. (Patron-Minchew, HB 192 (Chapter 22); Black, SB 95 (Chapter 611))

Private security services businesses; exception for certified public accountants. Amending § 9.1-140. (Patron-Peace, HB 897 (Chapter 214))

Private security services businesses; exempt from training requirements established by Department of Criminal Justice Services, exemption not granted to persons whose employment was terminated due to misconduct or incompetence. Amending § 9.1-141. (Patron-Robinson, HB 609 (Chapter 32))

Problem Gambling Treatment Fund; established. Amending §§ 18.2-340.18, 58.1-4022, and 59.1-370.1; adding §§ 37.2-312.2 and 37.2-312.3. (Patron-Greason, HB 927 (F))

Recycled material; Manufacturing Development Commission to study economic and environmental benefits of use in manufacturing process in Virginia, Commission shall make recommendations on ways to enhance market while not creating any adverse financial burdens for Virginia’s retailers or consumers. (Patron-Marshall, D.W., HJR 28 (P); Wagner, SJR 75 (P))

Retail Sales and Use Tax; adds providers of television satellite services to types of businesses that may apply to Tax Commissioner to pay directly to Department of Taxation. Amending § 58.1-624. (Patron-Ruff, SB 84 (F))

Secondhand fixtures and scrap metal; payment for materials to be in form of check. Amending §§ 59.1-120, 59.1-125, 59.1-126, and 59.1-136.3. (Patron-Lucas, SB 339 (C))

Service contracts; expands types of services that may be provided under extended contract to include certain types of damage to motor vehicle, etc., an agreement that provides for payment to or on behalf of purchaser of incidental costs in event protective chemical, device, or system fails. Amending §§ 59.1-435 and 59.1-438; adding § 59.1-440.1. (Patron-Marshall, D.W., HB 69 (Chapter 193))

Small Business and Supplier Diversity, Department of; changes definition of small business. Amending §§ 2.2-1604 and 2.2-4310. (Patron-Lopez, HB 797 (F))

Small Business and Supplier Diversity, Department of; elimination of Department, re-creates Department of Minority Business Enterprise and Department of Business Assistance, report. Amending §§ 2.2-204, 2.2-205.1, 2.2-435.8, 2.2-1603, 2.2-1617, 2.2-2238.1, 2.2-2282, 2.2-2284, 2.2-2311, 2.2-3705.6, 2.2-4301, 2.2-4302.1, 2.2-4302.2, 2.2-4310, 3.2-201, 10.1-1425.7, 11-7.1, 15.2-965.1, 15.2-4904, 18.2-213.1, 23-9.6:1.01, 23-38.88, 23-135.7:7, 33.1-221, 36-139.6, 46.2-749.69:1, 58.1-439.6, 59.1-284.22, 63.2-601, and 63.2-610; adding §§ 2.2-1406 through 2.2-1412 and 2.2-1603.1; repealing §§ 2.2-1604, 2.2-1605, 2.2-1606, 2.2-1608, 2.2-1609, and 2.2-1610. (Patron-Spruill, HB 1165 (C); Alexander, SB 616 (C))

Small Business and Supplier Diversity, Department of; establishment of minority-owned and women-owned state purchasing program. Adding § 2.2-1609.1. (Patron-James, HB 1194 (F); Lucas, SB 632 (F))

Small Business and Supplier Diversity, Department of; small, women-owned, and minority-owned businesses and employment services organizations shall be treated in same manner in development and operation of any state procurement program or program goals and targets, discrimination prohibited. Amending §§ 2.2-1606 and 2.2-4310. (Patron-Hanger, SB 427 (F))

State Corporation Commission; authorizes clerk to refuse to accept document for filing, if determines person who executed or delivered document lacked proper authority to act on behalf of business. Amending § 12.1-19. (Patron-Marshall, D.W., HB 313 (Chapter 197))

Tanning facilities; prohibits minors younger than 15 years of age from using tanning devices, parental consent. Amending §§ 59.1-310.3 and 59.1-310.5. (Patron-Brink, HB 681 (F); Barker, SB 479 (C))

Tanning facilities; use of tanning devices by persons under age 18. Amending §§ 59.1-310.3 and 59.1-310.5. (Patron-Yost, HB 773 (F))

Tourist Train Development Authority; reinstates Authority and its board. Adding §§ 15.2-6550 through 15.2-6554. (Patron-Puckett, SB 72 (Chapter 608))

Virginia Business One Stop electronic portal program; State Corporation Commission and Department of Small Business and Supplier Diversity shall implement a hyperlink from State Corporation Commission’s eFile system to Business Permitting Center, report. Amending § 2.2-1617 and second enactment of Chapters 155 and 206, 2013 Acts. (Patron-Ramadan, HB 167 (Chapter 758))

Virginia Casino Gaming Commission; created, regulation, Toll Mitigation Fund to receive 90 percent of proceeds from gross receipts tax and admission tax imposed on operators, report. Amending §§ 2.2-204, 2.2-3705.3, 2.2-3711, 4.1-100, 4.1-210, 4.1-231, and 4.1-233; adding §§ 11-16.1, 18.2-334.5, 33.1-223.2:30, and 59.1-550 through 59.1-585. (Patron-Lucas, SB 19 (C))

Virginia Consumer Protection Act; unsolicited demands for payment, prohibited practices. Amending § 59.1-200; adding § 59.1-200.2. (Patron-O’Quinn, HB 591 (F))

Virginia Health Club Act; changes term health spa to health club throughout Act, technical and clarifying changes. Amending §§ 59.1-200, 59.1-294 through 59.1-299, 59.1-301, 59.1-302, 59.1-304 through 59.1-308.1, and 59.1-310. (Patron-Alexander, SB 404 (Chapter 459))

Virginia Health Spa Act; deletes exclusion from definition of health spa for organizations primarily operated for purpose of teaching a particular form of self-defense such as judo or karate. Amending § 59.1-296. (Patron-Locke, SB 598 (C))

Virginia Jobs Investment Program; changes administration of Program from Department of Small Business and Supplier Diversity to Virginia Economic Development Partnership Authority. Amending §§ 2.2-435.8, 2.2-1605, 2.2-1611, 2.2-1615, 2.2-2237, and 59.1-284.22; adding §§ 2.2-2240.3 through 2.2-2240.6; repealing §§ 2.2-1612, 2.2-1613, and 2.2-1614. (Patron-Landes, HB 932 (Chapter 41); McWaters, SB 492 (Chapter 464))

Virginia Major Employer Research Performance Grant Program; created. Adding §§ 59.1-284.28 and 59.1-284.29. (Patron-Comstock, HB 999 (F))

Virginia Petroleum Products Franchise Act; right of first refusal on leased marketing premises, provisions shall not apply to leased marketing premises owned or controlled by jobber/distributor. Amending § 59.1-21.9; adding § 59.1-21.15:2. (Patron-Hugo, HB 1065 (Chapter 222))

Virginia Public Procurement Act; defines historically Black colleges and universities, included in term minority-owned business. Amending §§ 2.2-1604 and 2.2-4310. (Patron-Yancey, HB 1223 (C))

Virginia Public Procurement Act; establishment of historically underutilized business zones (HUB zones). Amending §§ 2.2-1111, 2.2-1605, and 2.2-2012; adding § 2.2-4310.1. (Patron-Dance, HB 223 (F))

Virginia Racing Commission; authorized to grant license to owner or operator of steeplechase facility to conduct pari-mutuel wagering on simulcast horse racing that is limited to transmission from Churchill Downs of Kentucky Derby horse race, etc. Amending § 59.1-378.1. (Patron-Webert, HB 402 (Chapter 564); Vogel, SB 398 (Chapter 625))

Virginia Small Business Financing Authority; expands definition of eligible business. Amending § 2.2-2279. (Patron-Villanueva, HB 1258 (F))

Virginia Small Business Financing Authority; expands definition of eligible business and business enterprise. Amending § 2.2-2279. (Patron-Yancey, HB 864 (Chapter 732))

Virginia Tourism Authority; Authority to designate Blue Ridge Highlands region to enhance tourism development efforts. (Patron-Head, HB 366 (F); Edwards, SB 243 (F))