Week three of the 2023 Session picked up the pace, with hundreds of bills being heard and acted on in their respective committees. The week ahead of us will be very busy as the House and Senate chambers move to pass legislation ahead of “Crossover” on February 7th. That is the deadline for any bill to be reviewed by the chamber in which it was introduced.
- ORC
- EMPLOYER MANDATES
- CONSUMER PROTECTION
- UNEMPLOYMENT COMPENSATION
- IMMUNITY
- WORKERS COMPENSATION
- ABC
- BANS
- TAX
As of Friday, the Senate has passed 117 bills and defeated 119, and there are 650 Senate bills still being debated. The House has approved 79 bills and defeated 106, with 1104 still remaining to be dealt with by the February 7th deadline.
Last week we saw several high profile debates on election-year bills related to abortion, voting procedures, guns, and gaming, with most of the legislation failing on party line votes in either the House or Senate. The House and Senate also took divergent positions on the Governor’s tax cut package of bills, with the House approving the legislation and the Senate defeating the bills. That fight will now move to the state budget, as the House Appropriations and Senate Finance committees each put together their different amendments to the current two-year state budget.
Below is a breakdown of issues, that impact the retail industry, that were acted on last week. To view the full bill tracking list, click here. As always, your Virginia Retail Federation team will keep you informed on legislative issues throughout the remainder of the 2023 Session.
Tax
- SB 882 - Internal Revenue Code; conformity of the Commonwealth's taxation system. On the Floor of the Senate.
- Conformity of the Commonwealth's taxation system with the Internal Revenue Code; emergency. Advances Virginia's date of conformity with the Internal Revenue Code from December 31, 2021, to December 31, 2022.
- SB 950 - Income tax, state and corporate; Paycheck Protection Program loans. Passed by indefinitely in Finance and Appropriations (9-Y 4-N) (defeated)
- Taxable income; Paycheck Protection Program loans. Allows an individual and corporate income tax deduction or subtraction, as applicable, for any amount of business expenses funded by forgiven Paycheck Protection Program (PPP) loan proceeds that are paid or incurred prior to taxable year 2023. Under current law, the allowable amount that may be deducted or subtracted is limited to $100,000 of business expenses funded by forgiven PPP loan proceeds paid or incurred prior to taxable year 2021.
- HB 2138 - Income tax, state and corporate; business interest, qualified business income deduction. Passed the House
- Income tax; business interest; qualified business income deduction; corporate rate reduction. Increases from 30 percent to 50 percent the Virginia individual and corporate income tax deduction for business interest disallowed as a deduction under § 163(j) of the Internal Revenue Code beginning in taxable year 2024. The bill allows an individual income tax deduction in an amount equal to 50 percent of certain federal qualified business income deductions, excluding qualified real estate investment trust dividends. The bill also reduces from six percent to five percent the corporate income tax rate beginning in taxable year 2023.
- HB 2319 - Income tax, state; lowers rates and raises standard deductions. Passed the House
- Income tax; rates and deductions. Lowers the top income tax rate from 5.75 percent to 5.5 percent for taxable years beginning on and after January 1, 2024. The bill also raises the standard deduction to $9,000 for single individuals and $18,000 for married persons for taxable years beginning on and after January 1, 2024, but before January 1, 2026.
- SB 1408 - Sales and use tax, local; additional tax authorized in all counties & cities to support schools. Read third time and passed Senate (26-Y 10-N)
- Additional local sales and use tax to support schools; referendum. Authorizes all counties and cities to impose an additional local sales and use tax at a rate not to exceed one percent with the revenue used only for capital projects for the construction or renovation of schools if such levy is approved in a voter referendum. Under current law, only Charlotte, Gloucester, Halifax, Henry, Mecklenburg, Northampton, Patrick, and Pittsylvania Counties and the City of Danville are authorized to impose such a tax. This bill is a recommendation of the Commission on School Construction and Modernization.
- SB 1287 Sales and use tax, additional local; taxes to support schools. Read third time and passed Senate (27-Y 10-N)
- Additional local sales and use tax to support schools. Adds Albemarle County and the City of Charlottesville to the list of qualifying localities that, under current law, are authorized to impose an additional local sales and use tax at a rate not to exceed one percent, with the revenue from such tax used only for capital projects for the construction or renovation of schools.
- HB 1456 - Income tax, state; pass-through entities. On the floor of the House
- Income tax; pass-through entities. Makes changes to the elective entity level tax on pass-through entities. The bill would impose the tax only on the share of income, gain, loss, or deduction attributable to eligible owners, as opposed to imposing the tax on the entire entity. "Eligible owner" is defined in the bill as an owner of a pass-through entity that is a natural person or a person eligible to be a shareholder in an S corporation. The bill also strikes the requirement that to qualify for the tax a pass-through entity must be 100 percent owned by natural persons or persons eligible to be shareholders in an S corporation.
- HB 2442 – Sales tax; additional local tax for schools in City of Newport News. Subcommittee recommends laying on the table (5-Y 3-N) (defeated)
- Sales tax; additional local tax for schools. Adds the City of Newport News to the list of localities that, under current law, are authorized to impose an extra one percent local sales tax to provide revenue for constructing or renovating schools
ORC
- HB 1885 - Organized retail theft; establishes as a crime, report, penalty. House Courts Committee reports and refers Committee on Appropriations
- Organized retail theft; report; penalty. Establishes the crime of organized retail theft that makes it a Class 3 felony for any person to (i) conspire or act in concert with another person to commit simple larceny of retail property from one or more retail mercantile establishments, with a value exceeding $1,000 aggregated over a 90-day period, with the intent to sell such retail property for monetary or other gain, and to take or cause such retail property to be placed in the control of a retail property fence or other person; (ii) receive or possess any retail property that has been obtained by simple larceny from one or more retail mercantile establishments in violation of clause (i) while knowing or having reasonable grounds to believe the property was unlawfully obtained; or (iii) conspire or act in concert with two or more other persons as an organizer, supervisor, financier, leader, or manager to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of property obtained by simple larceny from one or more retail mercantile establishments in violation of either of clause (i) or clause (ii). The bill defines the terms retail mercantile establishment, retail property, and retail property fence. The bill makes it a Class 5 felony for any person to injure property during an act or attempted act of organized retail theft when the value of or damage to the property, memorial, or monument is $1,000 or more. The bill provides that any person convicted of a second larceny offense shall be confined in jail not less than 30 days nor more than 12 months and that for a third or any subsequent offense, he is guilty of a Class 6 felony. The bill also establishes the Organized Retail Crime Fund to be administered by the Attorney General solely for the purposes of awarding grants to attorneys for the Commonwealth and law-enforcement agencies to investigate, indict, and prosecute violations of organized retail theft and associated fraud and property crimes.
- Organized retail theft; report; penalty. Establishes the crime of organized retail theft that makes it a Class 3 felony for any person to (i) conspire or act in concert with another person to commit simple larceny of retail property from one or more retail mercantile establishments, with a value exceeding $1,000 aggregated over a 90-day period, with the intent to sell such retail property for monetary or other gain, and to take or cause such retail property to be placed in the control of a retail property fence or other person; (ii) receive or possess any retail property that has been obtained by simple larceny from one or more retail mercantile establishments in violation of clause (i) while knowing or having reasonable grounds to believe the property was unlawfully obtained; or (iii) conspire or act in concert with two or more other persons as an organizer, supervisor, financier, leader, or manager to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of property obtained by simple larceny from one or more retail mercantile establishments in violation of either of clause (i) or clause (ii). The bill defines the terms retail mercantile establishment, retail property, and retail property fence. The bill makes it a Class 5 felony for any person to injure property during an act or attempted act of organized retail theft when the value of or damage to the property, memorial, or monument is $1,000 or more. The bill provides that any person convicted of a second larceny offense shall be confined in jail not less than 30 days nor more than 12 months and that for a third or any subsequent offense, he is guilty of a Class 6 felony. The bill also establishes the Organized Retail Crime Fund to be administered by the Attorney General solely for the purposes of awarding grants to attorneys for the Commonwealth and law-enforcement agencies to investigate, indict, and prosecute violations of organized retail theft and associated fraud and property crimes.
Employer Mandates
- HB 1616 - Workplace violence; policy required for certain employers, civil penalty. Subcommittee recommends laying on the table (5-Y 3-N) (defeated)
- Workplace violence policy required for certain employers; civil penalty. Requires any employer of 100 or more employees to develop, implement, and maintain a workplace violence policy no later than January 1, 2024. The bill includes requirements for such a policy, such as procedures and methods for employee reporting of incidents and post-incident investigations. Employers subject to the bill are required to maintain documentation of workplace violence incidents for not less than five years. An employer that violates the provisions of the bill shall be subject to a civil penalty of not more than $1,000 per violation. The bill prohibits retaliation from an employer on the basis of reporting a workplace violence incident and provides that any employee who makes a report of workplace violence shall be immune from civil liability.
- HB 1924 - Minimum wage; employees with disabilities. Subcommittee recommends reporting (8-Y 1-N)
- Minimum wage; employees with disabilities. Provides that individuals with disabilities that are paid at subminimum wage pursuant to the federal Fair Labor Standards Act are employees for the purposes of the Virginia Minimum Wage Act. The bill requires every employer of such employees to pay such employees wages at a rate not less than (i) from July 1, 2023, until July 1, 2024, $9.50 per hour; (ii) from July 1, 2024, until July 1, 2025, $10.50 per hour; and (iii) from July 1, 2025, until July 1, 2026, $11.50 per hour. The bill requires that from and after July 1, 2026, every employer of such employees pay such employees at a rate equivalent to all other employees covered by the Virginia Minimum Wage Act.
- HB 1669 - Minimum wage; payment to employees younger than the age of 18. Subcommittee recommends reporting (4-Y 3-N)
- Minimum wage; employees younger than the age of 18. Requires employers to pay employees younger than the age of 18 wages at a rate not less than the greater of (i) $9.00 per hour or (ii) the federal minimum wage.
- HB 2003 - Employment; training and education, sexual harassment and workplace discrimination. Subcommittee recommends laying on the table (5-Y 3-N) (defeated)
- Employment; training and education; sexual harassment and workplace discrimination. Requires each employer with 50 or more employees, including the Commonwealth and its agencies, institutions, and political subdivisions, to provide annual interactive training and education regarding sexual harassment and workplace discrimination by January 1, 2024. The bill includes specific training and education requirements for supervisory and nonsupervisory employees, seasonal and temporary employees who are hired to work for less than six months, and migrant and seasonal agricultural workers. The training and education required under the bill must be provided by an educator or human resources professional with knowledge and expertise in the subject matter and must include a method for employees to electronically save a certificate of completion of such training and education. The bill requires the Department of Labor and Industry to make online courses for the required training available on its website beginning January 1, 2024.
- HB 2087 - Health care providers and grocery store workers; employers to provide paid sick leave. Subcommittee recommends laying on the table (5-Y 3-N) (defeated)
- Paid sick leave; health care providers and grocery store workers. Requires employers to provide paid sick leave to health care providers and grocery store workers. Under current law, employers are only required to provide paid sick leave to certain home health workers. The bill removes requirements that workers work on average at least 20 hours per week or 90 hours per month to be eligible for paid sick leave. The bill provides that certain health care providers may waive their right to accrue and use paid sick leave and provides an exemption for employers of certain other health care providers. The bill requires the Department of Labor and Industry to develop guidelines for retail employers that sell groceries to provide sick leave and to publish such guidelines by December 1, 2023. The provisions of the bill other than the requirement for the Department of Labor and Industry to develop guidelines have a delayed effective date of January 1, 2024.
- HB 1988 - Employment; paid sick leave, civil penalties. Subcommittee recommends laying on the table (4-Y 3-N) (defeated)
- Employment; paid sick leave; civil penalties. Expands provisions of the Code that currently provide paid sick leave for home health workers to cover all employees of private employers and state and local governments. The bill provides that accrued paid sick leave can be carried over to the following year and that employees transferred to a separate division or location remain entitled to previously accrued paid sick leave. The bill provides that paid sick leave may be used for the closure of an employee's place of business by order of a public official due to a public health emergency, for an employee's need to care for a child whose school or place of care has been closed due to a public health emergency, or for an employee to care for himself or a family member who has been exposed to a communicable disease. The bill requires each employer to provide its employees a written notice of its paid sick leave policy at the commencement of employment and prohibits an employer from taking retaliatory personnel action against an employee for exercising the rights provided in the bill.
The bill authorizes the Commissioner of Labor and Industry, in the case of a knowing violation, to subject an employer to a civil penalty not to exceed $150 for the first violation, $300 for the second violation, and $500 for each successive violation. The Commissioner may institute proceedings on behalf of an employee to enforce compliance with the provisions of this bill and to collect specified amounts from the employer that shall be awarded to the employee. Alternatively, an aggrieved employee is authorized to bring a civil action against the employer in which he may recover double the amount of any unpaid sick leave and the amount of any actual damages suffered as the result of the employer's violation. The bill has a delayed effective date of January 1, 2024.
- Employment; paid sick leave; civil penalties. Expands provisions of the Code that currently provide paid sick leave for home health workers to cover all employees of private employers and state and local governments. The bill provides that accrued paid sick leave can be carried over to the following year and that employees transferred to a separate division or location remain entitled to previously accrued paid sick leave. The bill provides that paid sick leave may be used for the closure of an employee's place of business by order of a public official due to a public health emergency, for an employee's need to care for a child whose school or place of care has been closed due to a public health emergency, or for an employee to care for himself or a family member who has been exposed to a communicable disease. The bill requires each employer to provide its employees a written notice of its paid sick leave policy at the commencement of employment and prohibits an employer from taking retaliatory personnel action against an employee for exercising the rights provided in the bill.
- HB 2035 - Paid family and medical leave program; Virginia Employment Commission required to establish. Subcommittee recommends laying on the table (4-Y 3-N) (defeated)
- Paid family and medical leave program. Requires the Virginia Employment Commission to establish and administer a paid family and medical leave program with benefits beginning January 1, 2026. Under the program, benefits are paid to eligible employees for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees beginning in 2025. The amount of a benefit is 80 percent of the employee's average weekly wage, not to exceed 80 percent of the state weekly wage, which amount is required to be adjusted annually to reflect changes in the statewide average weekly wage. The measure caps the duration of paid leave at 12 weeks in any application year. The bill provides self-employed individuals the option of participating in the program.
- HB 2116 - Employment; restrictions on use of credit report for employment purposes. Subcommittee recommends laying on the table (5-Y 3-N) (defeated)
- Employment; restrictions on use of credit report for employment purposes. Prohibits employers from (i) using a credit report in connection with or as a criterion for employment purposes, (ii) requesting or procuring a credit report for employment purposes, or (iii) requiring an employee or prospective employee to answer a question about the contents of a credit report or the information contained therein. Notwithstanding this prohibition, the bill lists conditions under which an employer or person acting on behalf of an employer may obtain, use, or seek a credit report from an employee or prospective employee. The bill prohibits any waiver of its requirements and prohibits retaliation and other discrimination or adverse action taken by an employer against an employee for alleging a violation of its requirements. The bill provides that the State Corporation Commission shall enforce the requirements of the bill by imposing civil penalties, notifying employers, and conducting informal conferences to assess violations.
- HB 1895 - Employee protection; prohibited retaliation, prohibited nondisclosure. Subcommittee recommends reporting with amendments (8-Y 0-N)
- Employee protection; prohibited retaliation; prohibited nondisclosure and nondisparagement provisions; civil penalty. Prohibits the inclusion of provisions in any employment contract that waive an employee, prospective employee, or independent contractor's rights to disclose or discuss conduct that an employee reasonably believes under state, federal, or common law to be discrimination, including harassment, retaliation, a wage or hour violation, sexual assault, a fraud (against taxpayers, shareholders, the government, consumers, or other employees), or other conduct that is recognized as against a clear mandate of public policy. The bill prohibits such nondisclosure and nondisparagement provisions in any employment contract or settlement agreement that concerns conduct at the workplace, at work-related events coordinated by or through an employer, between employees, or between an employer and an employee, whether on or off the employment premises. Under the bill, no employer shall discharge or otherwise retaliate against an employee, prospective employee, or independent contractor for disclosing or discussing conduct related to illegal harassment, discrimination, retaliation, a wage or hour violation, or sexual assault. An employer that violates the provisions of the bill may be subject to actual damages or statutory damages of $10,000. The also bill requires employers to include in any settlement agreement or employment agreement with an employee a disclaimer that the agreement does not prohibit an employee from disclosing conduct as protected under the bill. The provisions of the bill apply to contracts entered into, renewed, modified, or amended on or after July 1, 2023 and apply retroactively to any provision in an existing contract or agreement that is deemed void and unenforceable under the bill.
- HB 1873 – Employee protections; medicinal use of cannabis oil. Subcommittee recommends laying on the table (4-Y 3-N) (defeated)
- Employee protections; medicinal use of cannabis oil. Amends the provision that prohibits an employer from discriminating against an employee for such employee's lawful use of cannabis oil pursuant to a valid written certification issued by a practitioner for the treatment or to eliminate the symptoms of the employee's diagnosed condition or disease, with certain exceptions, by specifying that such use must conform to the laws of the Commonwealth and by excluding the employees of the Commonwealth and other public bodies from such protections.
- Employee protections; medicinal use of cannabis oil. Amends the provision that prohibits an employer from discriminating against an employee for such employee's lawful use of cannabis oil pursuant to a valid written certification issued by a practitioner for the treatment or to eliminate the symptoms of the employee's diagnosed condition or disease, with certain exceptions, by specifying that such use must conform to the laws of the Commonwealth and by excluding the employees of the Commonwealth and other public bodies from such protections.
Consumer Protection
- HB 1517 - Virginia Consumer Protection Act; automatic renewal or continuous service offers. Passed the House
- Virginia Consumer Protection Act; automatic renewal or continuous service offers; cancellation reminders; prohibited practices. Requires suppliers of automatic renewals or continuous service offers that include a free trial to, within 30 days of the end of any such free trial, notify the consumer of his option to cancel the free trial before the end of the trial period to avoid an obligation to pay for the goods or services. The bill provides that failure to notify a consumer of such option is a violation of the Virginia Consumer Protection Act. The bill also makes it a violation of the Virginia Consumer Protection Act for a supplier to fail to disclose the total cost of a good or service to a consumer, including any mandatory fees or charges, prior to entering into an agreement for the sale of any such good or provision of any such service.
- Virginia Consumer Protection Act; automatic renewal or continuous service offers; cancellation reminders; prohibited practices. Requires suppliers of automatic renewals or continuous service offers that include a free trial to, within 30 days of the end of any such free trial, notify the consumer of his option to cancel the free trial before the end of the trial period to avoid an obligation to pay for the goods or services. The bill provides that failure to notify a consumer of such option is a violation of the Virginia Consumer Protection Act. The bill also makes it a violation of the Virginia Consumer Protection Act for a supplier to fail to disclose the total cost of a good or service to a consumer, including any mandatory fees or charges, prior to entering into an agreement for the sale of any such good or provision of any such service.
Unemployment Compensation
- HB 1639 - Unemployment compensation; reduces time to file appeal. - Tabled in Commerce and Energy (22-Y 0-N) (defeated)
- Unemployment compensation; time to file appeal. Reduces from 30 days to 15 days (i) the time after notice of the determination of a claim within which a claimant is required to file an appeal before such determination becomes final and (ii) the time after the date of notification or mailing of an appeal tribunal's decision on an unemployment compensation claim within which a party is required to file a subsequent appeal before such decision becomes final
- HB 2115 - Unemployment compensation; continuation of benefits, repayment of overpayments. Subcommittee failed to recommend reporting (3-Y 4-N) (defeated)
- Unemployment compensation; continuation of benefits; repayment of overpayments. Makes permanent provisions of the Code that expired on July 1, 2022, relating to unemployment compensation. The bill provides that when a claimant has had a determination of initial eligibility for unemployment benefits, as determined by the issuance of compensation or waiting-week credit, payments shall continue, subject to a presumption of continued eligibility, until a determination is made that provides the claimant notice and an opportunity to be heard. The bill requires the Virginia Employment Commission to waive the obligation to repay any overpayment if (i) the overpayment was made without fault on the part of the individual receiving benefits and (ii) requiring repayment would be contrary to equity and good conscience. Conditions for when overpayments are considered "without fault on the part of the individual" are outlined in the bill.
The bill further provides that the Commission shall notify each person with an unpaid overpayment of benefits that he may be entitled to a waiver of repayment and provide 30 days to request such a waiver. This applies to outstanding overpayments established for claim weeks commencing on or after March 15, 2020. The bill allows the Commission to suspend or forgo referring any unpaid overpayment of benefits established since March 15, 2020, to the collections process indefinitely. The bill specifies that all costs that result from implementing provisions of this bill shall be incurred by federal administrative grants and the general fund.
Additionally, the bill adds overpayments that the Commission has waived the requirement to repay to the list of situations where specific employers are not responsible for benefit charges.
- Unemployment compensation; continuation of benefits; repayment of overpayments. Makes permanent provisions of the Code that expired on July 1, 2022, relating to unemployment compensation. The bill provides that when a claimant has had a determination of initial eligibility for unemployment benefits, as determined by the issuance of compensation or waiting-week credit, payments shall continue, subject to a presumption of continued eligibility, until a determination is made that provides the claimant notice and an opportunity to be heard. The bill requires the Virginia Employment Commission to waive the obligation to repay any overpayment if (i) the overpayment was made without fault on the part of the individual receiving benefits and (ii) requiring repayment would be contrary to equity and good conscience. Conditions for when overpayments are considered "without fault on the part of the individual" are outlined in the bill.
Immunity
- SB 845 – Immunity of persons at public hearing; statements made by employee against employer. On the floor of the Senate
- Immunity of persons at public hearing; statements made by employee against employer. Clarifies that the civil immunity provided to any person who makes a statement at a public hearing or that is communicated to a third party applies where such statement is made by an employee against his employer and where retaliatory action against an employee by such employer is otherwise prohibited by law
Workers Compensation
- HB 1763 - Workers' compensation; injuries caused by repetitive and sustained physical stressors. Subcommittee recommends laying on the table (6-Y 4-N) (defeated)
- Workers' compensation; injuries caused by repetitive and sustained physical stressors. Provides that, for the purposes of the Virginia Workers' Compensation Act, "occupational disease" includes injuries or diseases from conditions resulting from repetitive and sustained physical stressors, including repetitive and sustained motions, exertions, posture stresses, contact stresses, vibrations, or noises. The bill provides that such injuries or diseases are covered under the Act and that such coverage does not require that the injuries or diseases occurred over a particular time period, provided that such time period can be reasonably identified.
- Workers' compensation; injuries caused by repetitive and sustained physical stressors. Provides that, for the purposes of the Virginia Workers' Compensation Act, "occupational disease" includes injuries or diseases from conditions resulting from repetitive and sustained physical stressors, including repetitive and sustained motions, exertions, posture stresses, contact stresses, vibrations, or noises. The bill provides that such injuries or diseases are covered under the Act and that such coverage does not require that the injuries or diseases occurred over a particular time period, provided that such time period can be reasonably identified.
ABC
- HB 1979 - Alcoholic beverage control; displays of wine and beer. Reported from General Laws with amendment(s) (22-Y 0-N)
- Alcoholic beverage control; displays of wine and beer. Requires licensees that sell wine and beer for off-premises consumption, when displaying such wine and beer outside a clearly discernible location reserved solely for alcoholic beverages, to (i) not place such wine or beer in an area immediately adjacent to nonalcoholic beverages containing the same or similar brand name, logo, or packaging as an alcoholic beverage and (ii) equip any such display with signage that indicates the product is an alcoholic beverage, is clearly visible to consumers, and is of sufficient size to notify the consumer of the product's alcohol content. The bill clarifies that its provisions do not prohibit the placement of nonalcoholic wine or beer in or near a display of alcoholic beverages that contain the same or similar brand name, logo, or packaging as the nonalcoholic wine or beer.
- SB 1113 - Liability for sale of alcohol to an impaired customer; injury to another person. Passed by indefinitely in Judiciary (12-Y 3-N) (defeated)
- Liability for sale of alcohol to impaired customer; injury to another person due to operation of vehicle while intoxicated. Creates a cause of action against an alcoholic beverage control retail licensee that sells alcohol to a customer who subsequently injures another by driving while impaired if the consumption of the alcohol caused or contributed to an injury to person or property while the customer operated a motor vehicle.
- SB 1226 - Alcohol; liability for sale to an underage person. Incorporated by Judiciary (SB1113-Hanger) (13-Y 0-N) and then Passed by Indefinitely (defeated)
- Liability for sale of alcohol to an underage person. Creates a cause of action against an alcoholic beverage control retail licensee who sells alcohol to an underage person who was visibly intoxicated if the consumption of the alcohol caused or contributed to an injury to person or property while the underage person operated a motor vehicle. The plaintiff must prove such negligence by a clear and convincing evidence standard.
- SB 1387 – Alcoholic beverage control; slotting fees. Stricken at the request of the Patron (defeated)
- Alcoholic beverage control; slotting fees. Requires retail licensees to keep complete, accurate, and separate records of all slotting fees, as defined in the bill, received from a manufacturer of both alcoholic and nonalcoholic beverages, including a manufacturer that licenses its nonalcoholic products brand to another manufacturer for use with an alcoholic product.
- Alcoholic beverage control; slotting fees. Requires retail licensees to keep complete, accurate, and separate records of all slotting fees, as defined in the bill, received from a manufacturer of both alcoholic and nonalcoholic beverages, including a manufacturer that licenses its nonalcoholic products brand to another manufacturer for use with an alcoholic product.
Bans
- HB 1855 - Consumer Protection Act; PFAS chemicals in children's products. - Subcommittee recommends laying on the table (5-Y 3-N) (defeated)
- Consumer Protection Act; PFAS chemicals in children's products. Prohibits the sale, offering for sale, or manufacturing for sale of a children's product that the supplier knows or has reason to know contains perfluoroalkyl and polyfluoroalkyl substances (PFAS). PFAS is defined in the bill as substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. The bill exempts children's products that are used, secondhand, or "seconds" from the prohibition.
- SB 1012 - Single-use plastic and expanded polystyrene products; state and local prohibition. Failed to report (defeated) in Agriculture, Conservation and Natural Resources (4-Y 10-N 1-A) (defeated)
- State and local prohibition on single-use plastic and expanded polystyrene products. Prohibits state agencies beginning July 1, 2024, from contracting for the purchase, sale, and distribution of (i) single-use plastic bags, cutlery, straws, or water bottles and (ii) single-use plastic food service containers and expanded polystyrene food service containers, except during a declared state of emergency. The bill directs the Department of General Services to post public notice of all prohibited goods on its public procurement website. The bill also authorizes any locality to prohibit by ordinance the purchase, sale, or provision, whether free or for a cost, of (a) single-use plastic bags, cutlery, straws, or water bottles and (b) single-use plastic food service containers and expanded polystyrene food service containers, with certain exceptions enumerated in the bill.
