Legislative News

Year-Round Sales Tax Absorption
In an outstanding win for its members, the Virginia Retail Federation (VRF) defeated SB 147 and HB 194. The two bills would have put smaller retailers at a significant disadvantage in competing with large box merchants for year-round Sales Tax Holidays.

http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb194&Submit2=Go

http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb147&Submit2=Go


Larceny Threshold
The VRF killed SB 351, a bill that increased the threshold for felony penalties for shoplifting from $200 to $500, giving retail thieves a cost of living increase.  However, the bill was referred to the Virginia State Crime Commission for study before the 2009 session.  The Retail Alliance Loss Prevention Task Force will be called on to testify about the impact of the threshold in preventing retail theft.

http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+SB351


Plastic Bag Study
Working with the VRF, Delegate Bill Barlow and Senator Fred Quayle, Senator Louise Lucas requested the Department of Environmental Quality (DEQ) to form a plastic bag study committee.  The study will include stakeholder representatives from retailers, agriculture, conservation, local government, manufacturing, plastics industry and waste haulers.  DEQ will also review existing plastic bag programs adopted in the U.S. and other countries.  The committee meetings are to be completed by November 30, 2008, and recommendations submitted to the General Assembly prior to the 2009 session. 

http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb711&Submit2=Go



Second Offense Petit Larceny
In a hard-fought win for law enforcement and retail security, the VRF succeeded in unanimous House and Senate passage of SB 618, sponsored by Senator Ken Stolle. SB 618 requires criminals committing a second petit larceny offense to submit to evaluation for drug and alcohol abuse.  A large percentage of retail thieves commit crimes to support drug abuse habits. Senator Stolle’s bill will be a deterrent in breaking the cycle of repetitive petit larceny theft. 

http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb618&Submit2=Go

 

Antique Dealers – Counterfeit/Definitions
HB 628, introduced by Delegate Joe May, intended to help stop competition from foreign counterfeit antique products. However, the definitions of antiques and tagging and invoice requirements in the bill placed a significant burden on reputable dealers. 

Due to lobbying by the VRF, Delegate May agreed to carry the bill over until next session. The VRF will form a statewide Antique Dealers Task Force to review Delegate May’s goals and rewrite the bill.

http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb628&Submit2=Go

The VRF led the way in preventing passage of the following bills:

Child Toy Safety Act of 2008: recall notification to retailers was very unclear.  The bill will be carried over until next year.
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb1192&Submit2=Go


HB 733, Restroom Access in Retail Stores
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb733&Submit2=Go


HB 1545, regulating Manufacturer’s Rebate Sales. 
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb1545&Submit2=Go

 

The VRF joined coalitions and monitored the following legislation that potentially impacts its members:

Secondhand Dealers
Legislation that would track sales of stolen goods in pawn shops and secondhand dealers remains in debate on the House Floor. The VRF worked for several months prior to the legislative session to exempt out several categories of retailers including antique dealers and consignment shops.

http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+SB604

Credit File Freezing: Two bills, supported by bankers, insurance companies, auto dealers and credit bureaus, are the least onerous of 14 credit file freezing bills introduced this year.

http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb1311&Submit2=Go

http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb576&Submit2=Go

Homestead Exemption
HB 11, the House version of a constitutional amendment giving localities the option of lowering residential property tax rates by 20 percent and potentially raising commercial business rates, was defeated in the Senate.

http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+HB11

Hampton Roads Transportation Authority (HRTA): A Supreme Court decision which overturned transportation authorities in Hampton Roads and Northern Virginia is forcing the General Assembly to come up with alternatives for funding desperately needed transportation projects.  At this point, it looks like the legislature will convene a special session to deal with the issue.  The Senate supports a statewide gas tax and the House is looking for options to continue funding the two regional authorities. To search for the Court’s opinion, go to http://courts.state.va.us/opinion.
 

Smoking Ban
Several bills that would have prevented smoking in restaurants or allowed localities to initiate smoking bans were defeated in House General Laws committee.

http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+SB351

http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+SB298

http://leg1.state.va.us/cgi-bin/legp504.exe?081+sum+SB347


For more information about the Legislative News contact Margaret Ballard at 757.455.9395 or email mballard@retail-alliance.com.