2013 SESSION

Convened January 9, 2013
Adjourned sine die February 23, 2013
Reconvened April 3, 2013
Adjourned sine die April 3, 2013

TRADE AND COMMERCE

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

(C) Carried over from 2012 Session (CD) Carried over but died in committee on or before 11/29/2012

Administrative Rules, Joint Commission on; powers and duties. Amending § 30-73.3. (Patron-Stuart, SB 891 (Chapter 140))

Business Assistance, Department of, et al.; marketing campaign. (Patron-May, HB 2071 (F); McWaters, SB 1120 (F))

Business, professional, and occupational license (BPOL), Machinery and Tool, and Merchants’ Capital Taxes; Virginia Municipal League, Virginia Association of Counties, Virginia Small Business Commission, and Virginia Manufacturing Development Commission to evaluate and develop a plan for major tax restructuring that will eliminate, report. (Patron-Howell, W.J., HJR 755 (F))

Businesses; exempts those owned by certain disabled veterans from certain fees imposed by State Corporation Commission and all beginning businesses from local license tax. Amending §§ 58.1-3700.1 and 58.1-3703; adding §§ 12.1-21.3 and 58.1-439.12:11. (Patron-Lingamfelter, HB 1831 (F))

Cigarette tax; prohibits locality from restricting owner of business from transferring stamped cigarettes from one business location to another. Amending § 58.1-3832. (Patron-Hugo, HB 1079 (CD))

Commerce Clause of United States Constitution and Virginia’s ability to regulate commerce; joint subcommittee to study. (Patron-Marshall, R.G., HJR 599 (F))

Commercial credit reporting; penalty for violations. Amending § 59.1-200; adding §§ 59.1-444.3 through 59.1-444.6. (Patron-Watson, HB 2198 (F))

Commercial use of seals of the Commonwealth; commemorative coins, recommendations by Board of Directors of Virginia Tourism Authority. Amending § 2.2-122. (Patron-Cline, HB 2304 (Chapter 763))

Construction projects using public funds; iron, steel, and manufactured goods must be produced in United States. (Patron-McEachin, SB 377 (CD))

Criminal history information; prohibits sale of information concerning person’s conviction of criminal offense when arrest and charge history for that offense has been expunged. Amending § 59.1-200. (Patron-Surovell, HB 679 (CD))

Customer access to restrooms; retail establishment required to allow customer to use facility during normal business hours if certain conditions are met, penalty. Adding §§ 59.1-550 through 59.1-553. (Patron-Krupicka, HB 1375 (F))

Enterprise Zone Grant Program; when county or city was previously added to an existing zone to create joint enterprise zone, Department shall redesignate enterprise zone when term of joint zone expires. Amending § 59.1-544. (Patron-McClellan, HB 2273 (Chapter 514))

Enterprise zones; expiration dates and renewal periods extended in certain counties and cities. Amending § 59.1-542. (Patron-Poindexter, HB 2233 (F))

Enterprise zones; permits locality to apply for status based on distress factors in area. Amending § 59.1-545. (Patron-James, HB 1966 (F); Blevins, SB 1295 (F))

False advertising; exempts real estate brokers and salespersons from criminal and civil liability. Amending §§ 18.2-216 and 59.1-68.3. (Patron-Yancey, HB 724 (CD))

Income tax, corporate; lower tax rate for certain businesses. Amending § 58.1-400. (Patron-Ransone, HB 149 (CD); Stanley, SB 61 (CD); Stanley, SB 745 (F))

Income tax, corporate; tax credit for federal contractors that subcontract with small or minority-owned, veteran-owned, or women-owned businesses. Adding § 58.1-439.12:11. (Patron-Habeeb, HB 228 (CD); Habeeb, HB 1304 (F))

Income tax, state; recycled building rehabilitation tax credit. Adding § 58.1-439.12:11. (Patron-Torian, HB 2003 (F))

Income tax, state and corporate; tax credit for small businesses hiring graduates of Virginia’s public colleges and universities. Adding § 58.1-439.12:11. (Patron-Herring, HB 191 (CD); Herring, HB 1303 (F))

Invention development services; required disclosure, civil penalty. Amending §§ 59.1-210 and 59.1-215. (Patron-Farrell, HB 1738 (F))

Localities; assistance and documentation to person seeking business license, etc. Adding § 15.2-110. (Patron-Head, HB 1722 (F))

Minority Business Enterprises, Department of; changes definition of small business. Amending §§ 2.2-1401 and 2.2-4310. (Patron-Keam, HB 1044 (CD); Ebbin, SB 258 (CD))

Minority Business Enterprises, Department of; changes definition of small business to be business located in Virginia, etc. Amending §§ 2.2-1401 and 2.2-4310. (Patron-Lopez, HB 781 (CD); Lopez, HB 1936 (F))

Motor vehicles; locality may by ordinance reasonably limit number of title loan businesses, payday lenders, etc. Adding § 15.2-912.4. (Patron-Surovell, HB 2323 (F))

Motorcycles; allows licensed manufacturers with salvage dealer license to purchase certain parts without obtaining certificate of title. Amending § 46.2-600; adding § 46.2-626.1. (Patron-Scott, E.T., HB 1475 (Chapter 244); Reeves, SB 904 (Chapter 367))

Open-end credit plan; establishes requirements for certain loans. Amending §§ 6.2-312 and 59.1-200; adding §§ 6.2-2228 through 6.2-2250. (Patron-Helsel, HB 1986 (F))

Payday lending; repeals provisions authorizing lending in State. Amending §§ 6.2-303, 6.2-312, 6.2-1501, 6.2-2107, 59.1-200, and 59.1-203; repealing §§ 6.2-1800 through 6.2-1829. (Patron-Locke, SB 755 (F))

Personal property tax; specifies that outdoor advertising signs are included in class of tangible personal property used in trade or business, and requires localities to tax such signs as personal property. Amending §§ 58.1-3503 and 58.1-3506. Emergency. (Patron-Orrock, HB 1860 (Chapter 287); Watkins, SB 1236 (Chapter 652))

Plastic bags; imposes $0.05 tax beginning July 1, 2014, on those used by purchasers to carry tangible personal property purchased in grocery stores, convenience stores, or drug stores. Adding §§ 58.1-1742 through 58.1-1746. (Patron-Morrissey, HB 1381 (F))

Port of Virginia Economic and Infrastructure Development Zone Grant Fund; adds Page and Shenandoah Counties and City of Franklin to list of localities in which certain businesses may be eligible to apply for grants. Amending § 62.1-132.3:2. (Patron-Morris, HB 1327 (Chapter 549))

Private security services businesses; exceptions for certain out-of-state businesses. Amending § 9.1-140. (Patron-Farrell, HB 1659 (F))

Private security services businesses; exempts certain employees and sales representatives from training requirements. Amending § 9.1-140. (Patron-Fariss, HB 1363 (Chapter 411))

Propane; prohibits dealers from engaging in discriminatory pricing. Amending § 59.1-200; adding §§ 59.1-167.4 through 59.1-167.8. (Patron-Orrock, HB 1857 (F))

Property Owners’ Association Act; lot owner permitted to operate home-based business within his personal residence, compliance with local ordinances. Adding § 55-513.2. (Patron-Webert, HB 2200 (Chapter 310))

Satellite office expenses tax credit; creates a $250,000 tax credit for certain businesses. Adding § 58.1-439.12:11. (Patron-Stuart, SB 178 (CD))

Scrap metal processors; reports of purchases. Amending § 59.1-136.5. (Patron-Morris, HB 1323 (F))

Scrap metal purchasers; purchase of secondhand articles, reports to chief law-enforcement officer, penalty. Amending §§ 59.1-116.1, 59.1-117, 59.1-121, 59.1-123, 59.1-136.1, 59.1-136.3, 59.1-136.5, and 59.1-136.6. (Patron-Merricks, HB 1481 (Chapter 414))

Service firearms; reduces minimum number of years that certain officers must serve in order to qualify to purchase. Amending § 59.1-148.3. (Patron-Lewis, HB 1506 (Chapter 62))

Small Business and Supplier Diversity, Department of; created, report. Amending §§ 2.2-204, 2.2-205.1, 2.2-435.8, 2.2-2238.1, 2.2-2282, 2.2-2284, 2.2-2311, 2.2-3705.6, 2.2-4301, 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 §§ 2.2-1603 through 2.2-1617; repealing §§ 2.2-900 through 2.2-904.1 and 2.2-1400 through 2.2-1405. (Patron-McWaters, SB 1350 (Chapter 482))

Small business job creation tax credit; creates an individual and corporate income tax credit beginning January 1, 2012, for small businesses creating new full-time jobs in State. Adding § 58.1-439.12:11. (Patron-Bell, Richard P., HB 111 (CD))

Small business job creation tax credit; creates an individual and corporate income tax credit beginning January 1, 2013, for small businesses creating new full-time jobs in State. Adding § 58.1-439.12:11. (Patron-Bell, Richard P., HB 1370 (F))

State Corporation Commission; integration of processes and forms by June 30, 2018, into Business Permitting Center, report. Amending § 2.2-904.1. (Patron-Ramadan, HB 1760 (Chapter 206); McWaters, SB 1137 (Chapter 155))

State park master planning; Department of Conservation and Recreation shall solicit comments and shall include reasonable notice to trade associations and private businesses within 10-mile radius of park. Amending § 10.1-200.1. (Patron-Reeves, SB 909 (Chapter 43))

Tanning facilities; prohibits minors younger than 15 years of age from using tanning devices, written consent for certain minors. Amending §§ 59.1-310.3 and 59.1-310.5. (Patron-Barker, SB 1274 (F))

Tax credits; establishes beginning January 1, 2012, for direct costs of a business attributable to its location in State to comply with excessive state regulations. Adding § 58.1-439.12:11. (Patron-Purkey, HB 514 (CD))

Tax information; authorizes Tax Commissioner to provide to Commissioner of Agriculture and Consumer Services name and address of taxpayer businesses licensed by State that identify themselves as subject to regulations. Amending § 58.1-3. (Patron-Cline, HB 2092 (Chapter 230))

Tourist Train Development Authority; created. Adding §§ 15.2-6550 through 15.2-6554. (Patron-Puckett, SB 819 (V))

Virginia Casino Gaming Commission; created, penalties, 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, and 59.1-550 through 59.1-583. (Patron-Lucas, SB 689 (F))

Virginia Casino Gaming Commission; created, penalties, report. Amending §§ 4.1-100, 4.1-210, 4.1-231, and 4.1-233; adding §§ 11-16.1, 18.2-334.5, and 59.1-550 through 59.1-583. (Patron-Lucas, SB 687 (F))

Virginia Consumer Protection Act; exclusions and prohibited practices. Amending §§ 59.1-199 and 59.1-200. (Patron-Hugo, HB 2135 (F))

Virginia Jobs Investment Program; moves administration of Program to Virginia Economic Development Partnership. Amending §§ 2.2-435.8, 2.2-902, 2.2-2237, and 59.1-284.22; adding §§ 2.2-2240.3 through 2.2-2240.7; repealing §§ 2.2-903.1 through 2.2-904.02. (Patron-James, HB 2087 (F); McWaters, SB 1134 (F))

Virginia Petroleum Products Franchise Act; continued rights of franchised dealer in Planning District 8. Amending § 59.1-21.15:1. (Patron-McDougle, SB 1141 (F))

Virginia Public Procurement Act; bid match preference for Virginia businesses. Amending § 2.2-4324. (Patron-Yancey, HB 1951 (F); Miller, SB 990 (F))

Virginia Public Procurement Act; provides bid match preference for State businesses in procurements up to $100,000. Amending § 2.2-4324. (Patron-Villanueva, HB 334 (CD))

Virginia Public Procurement Act; qualified Virginia businesses afforded opportunity to bid. Amending § 2.2-4301. (Patron-Webert, HB 2205 (F))

Virginia Public Procurement Act; women-owned and minority-owned businesses, enhancement or remedial measures. Amending § 2.2-4310. (Patron-McQuinn, HB 2212 (F); McEachin, SB 651 (CD); McEachin, SB 781 (F))

Virginia Racing Commission; authorizes wagering on historical horse racing and allocation of proceeds. Amending §§ 59.1-365, 59.1-369, and 59.1-392. (Patron-Norment, SB 268 (CD))

Virginia Residential Property Disclosure Act; designation of tourism activity zones, permissive disclosure. Adding §§ 15.2-982 and 55-519.3. (Patron-Villanueva, HB 1521 (Chapter 246))

Virginia Riverboat Gaming Commission; created, penalties. Amending §§ 2.2-204, 2.2-3705.3, 2.2-3711, 4.1-100, 4.1-128, 4.1-210, 4.1-231, 4.1-233, 33.1-23.03:1, and 33.1-23.03:2; adding §§ 11-16.1, 18.2-334.5, and 59.1-550 through 59.1-587. (Patron-Lucas, SB 1369 (F))

Virginia Telephone Privacy Protection Act; telephone call includes any text message sent. Amending § 59.1-510. (Patron-Stolle, HB 643 (CD))

Virginia Toll Abatement Act and Virginia Casino Gaming Commission; Commission created, penalties, report. Amending §§ 2.2-204, 2.2-3705.3, 2.2-3711, 4.1-100, 4.1-210, 4.1-231, 4.1-233, 33.1-23.03:1, and 33.1-23.03:2; adding §§ 11-16.1, 18.2-334.5, and 59.1-550 through 59.1-587. (Patron-Lucas, SB 696 (F))

Virginia Toll Mitigation Act and Virginia Casino Gaming Commission; Commission created, penalty. 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, 33.1-223.2:29, and 59.1-550 through 59.1-585. (Patron-Lucas, SB 714 (F))

Virginia Toll Relief Act and Virginia Casino Gaming Commission; Commission created, penalties, report. Amending §§ 2.2-204, 2.2-3705.3, 2.2-3711, 4.1-100, 4.1-210, 4.1-231, 4.1-233, 33.1-23.03:1, and 33.1-23.03:2; adding §§ 11-16.1, 18.2-334.5, and 59.1-550 through 59.1-587. (Patron-Lucas, SB 695 (F))

Virginia Transportation Enhancement and Toll Abatement Act and Virginia Casino Gaming Commission; Commission created, penalties, report. Amending §§ 2.2-204, 2.2-3705.3, 2.2-3711, 4.1-100, 4.1-210, 4.1-231, 4.1-233, 33.1-23.03:1, and 33.1-23.03:2; adding §§ 11-16.1, 18.2-334.5, and 59.1-550 through 59.1-587. (Patron-Lucas, SB 697 (F))

Virginia Uniform Trade Secrets Act; protection of trade secrets, penalties. Amending §§ 59.1-336, 59.1-337, 59.1-338, and 59.1-341; adding § 59.1-338.2. (Patron-May, HB 2064 (F))