We have reached the Crossover point of the 2020 Session. This means that all legislation that has passed the body of origin will now be heard in the opposite body. A list of bills, and their current status, that impact the Retail Industry can be found below.

 

Minimum Wage

Both the House and the Senate each have their own version of a Minimum Wage bill which has passed their respective body. HB 395 and SB 7 are the two vehicles that we have to work with over the next several weeks. SB 7 now has several amendments that were adopted in an attempt to mitigate some of the concerns of the business community. While we are still delving into exactly how these amendments shake out, we do appreciate the Senate taking into account some of the concerns of the business community. It has been made clear this issue will go down to the wire at the end of Session. VRF will continue to be a part of the discussion as to how to improve this legislation if possible.

  • HB 325 Minimum wage; local alternative minimum wage – Left in Committee (defeated)
  • HB 333 Virginia Minimum Wage Act; exclusions – Passed out of House
  • HB 339 Virginia Minimum Wage Act; removes certain exemption –Continued to 2021
  • HB 395 Minimum wage, increases to $9 per hour effective July 1, 2020 – Passed out of House with Amendments
  • HB 433 Minimum wage; increases to $9 per hour effective January 1, 2020 – rolled into HB 395
  • HB 550 Minimum wage; tipped employees – Laid on table (defeated)
  • HB 615 Minimum wage; increases to $10.10 per hour effective January 1, 2021, etc. – rolled into HB 395
  • SB 7 Minimum wage; increases to $10 per hour effective July 1, 2020 – Passed out of Senate with amendments
  • SB 73 Minimum wage; increases to $10 per hour effective July 1, 2020, etc. –Rolled into SB 7
  • SB 81 Minimum wage; increases to $9.75 per hour, effective July 1, 2020, etc. – Rolled into SB 7
  • SB 719 Virginia Minimum Wage Act; exclusions – Continued to 2021
  • SB 816 Minimum wage – Rolled into SB7

 

 

Right to Work/ Fair Share

Both HB 153, Right to Work Repeal, and SB 426, Fair Share, were defeated in their bodies of origin. Had they passed they would have had an extreme negative impact on the economy for Virginia.

Right to Work was established in Virginia in 1947, and guarantees that no person can be compelled, as condition of employment, to join or not to join, nor to pay dues to a labor union. It also assures that no person or organization may use intimidation, use of force, threat of use of force, reprisal or threat of reprisal, or work interruptions on any employee.

If Right to Work were eliminated employees could be forced to join unions as condition of employment with an employer. This has the potential to give unions control in the Commonwealth.
 
Unlike elimination of Right to Work, Fair Share legislation would not allow a worker to be forced to join a union, however it would allow a worker to be forced to pay their “fair share” of union dues for the work that union does on their behalf whether said worker is a member of the union or not.

  • HB 153 Right to work; repeals provisions of Code that refers to denial or abridgement – Left in Committee (Defeated)
  • SB 426 Fair share fees – Defeated in Senate Commerce and Labor Committee

 

 

Paid Leave

Several different versions of Paid Leave Bills have been defeated as of Crossover, however one legislative vehicle remains: SB 481. This legislation requires both public and private employers with six or more employees to provide earned paid sick time for those employees.

Employees shall earn at least one hour of paid sick leave for every 30 hours worked, and shall not use more than 40 hours of earned paid sick time in a year (unless the employer allows a higher limit). There are many additional burdens on employers throughout this legislation including notice requirements, record keeping requirements, and much more.

  • HB 64 Child's school activities; employers to allow parental leave for activities – Laid on Table (Defeated) in House Commerce and Labor Committee
  • HB 328 Family and Medical Leave Insurance Program; funding by employee and employer taxes – Left in Appropriations Committee (defeated)
  • HB 403 Safe days for employees; private employers required to allow days – Carried over to 2021
  • HB 418 Employees; paid earned sick leave, civil penalties – Rolled into HB898
  • HB 825 Paid family and medical leave program; Virginia Employment Commission to establish – Left in House Appropriations Committee
  • HB 898 Employees; earned sick leave, civil penalties – Left in House Appropriations Committee
  • HB 1684 Public and private employers; earned paid sick time for employees. – Rolled into HB898
  • SB 481 Employees; earned sick leave, civil penalties. – Passed out of Senate  
  • SB 770 Paid family and medical leave program; Virginia Employment Commission to establish – Passed By Indefinitely (defeated)

 

 

Felony Threshold for Larceny

There were several bills introduced to raise the felony larceny threshold in Virginia. If you remember, the threshold was just raised two years ago from $200 to $500 with the understanding that it would not be raised again for some time. However, this year there is legislation to raise it to $1000, $1500, and $2000.

The Governor’s Criminal Reform package includes the initiative of raising it to $1000, so that is most likely the rate we will see. After crossover we are left with both a House and Senate vehicle for raising the threshold to $1000. Both HB995 and SB788 have passed their respective bodies and have now crossed over to the other body. Virginia Retail Federation continues to oppose these bills because of the negative impact it will have on the Retail Industry, especially since no mitigation for Organized Retail Crime has been included.

  • HB 101 Grand larceny; increases threshold amount – Laid on table in House Courts Committee
  • HB 263 Grand larceny; threshold – Rolled into HB995
  • HB 286 Grand larceny; increases threshold amount – Left in committee
  • HB 995 Grand larceny; increases threshold amount – Passed out of House
  • SB 788 Grand larceny; increases threshold amount – Passed out of Senate

 

 

Workers' Compensation

  • HB 45 Workers' compensation; retaliatory discharge of employee – Defeated in Committee
  • HB 46 Workers' compensation; employer to notify employee of intent – Passed the House
  • HB 47 Workers' compensation; foreign injuries – Left in Committee (defeated)
  • HB 55 Worker cooperatives; established as a category of cooperative associations – Passed the House
  • HB 617 Workers' compensation; repetitive motion injuries – Passed the House as amended
  • SB 227 Virginia Workers' Compensation Commission; review and adjust fee schedules annually – Stricken at request of Patron

 

 

Employer Mandates/Private Cause of Action

  • HB 21 Virginia Human Rights Act; prohibited discrimination, sexual orientation and gender identity – Rolled into HB1663
  • HB 108 Legal holidays; Election Day – Passed the House
  • HB 326 Employment; wage inquiries, civil penalty – Rolled into HB 416
  • HB 330 Employment; covenants not to compete, low-wage employees, civil penalty – Passed the House
  • HB 416 Wage or salary history; inquiries prohibited, civil penalty – Passed the House
  • HB 417 Employment; requiring the purchase or provision of materials – Left in Committee (defeated)
  • HB 622 Limiting employees' sharing of wage information; prohibited, civil penalty – Passed the House
  • HB 689 Wage payment statements; statement of earnings – Passed the House
  • HB 798 Employment; prohibited retaliatory action – Passed the House
  • HB 800 Employment; disclosure of terms – Passed the House
  • HB 802 Employment; wage inquiries; prohibited retaliatory action – Rolled into HB416
  • HB 805 Employment health and safety standards; heat illness prevention – Carried over to 2021
  • HB 827 Virginia Human Rights Act; discrimination on the basis of pregnancy, childbirth – Passed the House
  • HB 1049 Prohibited discrimination; sexual orientation and gender identity – Passed the House
  • HB 1112 Employment; covenants not to compete – Carried over to 2021
  • HB 1147 Epinephrine required in certain public places – Passed out of House with Amendments
  • HB 1200 Virginia Human Rights Act; creation of cause of action for discrimination – Rolled into HB 1663
  • HB 1512 Virginia Human Rights Act; pregnancy, childbirth, or related medical conditions, causes of action – Rolled into HB1663
  • HB 1535 Overtime compensation; penalties.
  • HB 1550 Franchises; covenants not to compete – Laid on Table in Committee (defeated)
  • HB 1663 Discrimination; prohibited in public accommodations, etc., causes of action.– Passed the House
  • SB 295 Employment; disclosure of terms to employees.
  • SB 411 Employment health and safety standards; heat illness prevention – Carried over to 2021
  • SB 427 Employee protection; discharge for protective order prohibited – Passed by Indefinitely (defeated)
  • SB 530 Possession and administration of epinephrine; restaurant employee – Passed the Senate
  • SB 548 Unemployment compensation – Passed the Senate
  • SB 601 Legal holidays; Election Day – Passed the Senate
  • SB 631 Abandoned and stolen shopping carts; local regulation – Passed the Senate
  • SB 660 Virginia Equal Pay Act; civil penalties – Carried over to 2021
  • SB 712 Virginia Human Rights Act; discrimination on the basis of pregnancy, childbirth – Passed the Senate

 

 

 

Plastic Bag Tax 

  • HB 534 Disposable plastic bag; local tax – Passed the House – applies to plastic bags only and is statewide.
  • HB 1151 Single-use plastic and expanded polystyrene products; local prohibition, local tax. – Passed the House with Amendments – applies to plastic bags only and is a local option for implementing the tax.
  • HB 1673 Plastic bag tax; use of revenues – Rolled into HB 1151
  • SB 11 Disposable paper and plastic bags; local taxation per bag when provided to consumers – Passed the Senate with Amendments --  applies to plastic bags only and applies to planning district 8 (NOVA) with the option for other localities to opt in.
  • SB 26 Plastic bags; tax in the Chesapeake Bay Watershed – Rolled into SB11
  • SB 193 Single-use plastic and expanded polystyrene products; local prohibition, local tax – Stricken at request of patron
  • SB 198 Disposable plastic shopping bags; local option – Rolled into SB11

 

 

Environmental Issues 

  • HB 533 Expanded polystyrene food service containers; prohibition on dispensing, civil penalty – Passed the House
  • HB 1046 Expanded polystyrene food service containers; prohibition; civil penalty – Rolled into HB533
  • HB 1154 Litter taxes; increases annual amount of tax – Passed the House
  • HB 1354 Plastic Pollution Prevention Advisory Council; established – Passed the House
  • HB 1347 Expanded polystyrene food service containers; prohibition on dispensing, civil penalty – Rolled into HB533
  • SB 590 Advanced recycling; incentives in income tax, sales tax, and machinery and tools tax – Passed the Senate
  • SB 779 Sixth grade science curriculum; DOE & DEQ to update – Carried over to 2021

 

 

Tax Issues 

  • HB 200 Mecklenburg County; additional sales and use tax, appropriations to incorporated towns – Left in Committee
  • HB 317 County food and beverage tax; maximum rate – Stricken from Docket
  • HB 469 Retail sales and use tax; exemption for menstrual supplies – Left in committee
  • HB 486 Henry and Pittsylvania Counties and City of Danville; additional sales and use tax – Passed the House
  • HB 739 Income tax, corporate; combined reporting requirements – Carried over to 2021
  • HB 785 Local taxing authority – Passed the House
  • HB 888 Sales tax exemption; gun safes – Passed the House
  • HB 960 Additional state sales tax on firearms and ammunition; use of proceeds – Carried over to 2021
  • HB 977 County food and beverage tax; allowable tax rate; removal of referendum requirement – Rolled into HB729
  • HB 1109 Corporate income tax; combined reporting requirements; disclosures – Carried over to 2021
  • HB 1262 Transient occupancy tax; certain counties – Passed the House
  • HB 1270 State sales and use tax in the Historic Triangle; sunset; referendum – Left in House Finance Committee (defeated)
  • HB 1487 Exemption from sales tax for sales of gun safes – Left in Committee (defeated)
  • SB 107 Transient occupancy tax; removes July 1, 2021, sunset date from Arlington County, etc – Passed the Senate
  • SB 224 Gloucester County; additional sales and use tax, appropriations to incorporated towns – Passed the Senate
  • SB 231 Retail sales and use tax; exemption for menstrual supplies – Passed the Senate
  • SB 254 Sales and use tax; allocation in certain counties & cities of historic significance – Stricken at request of Patron
  • SB 268 Retail Sales and Use Tax; exemption for certain gun safes – Passed the Senate
  • SB 332 Allocation of remote sales tax collections; Transportation Trust Fund – Passed by Indefinitely (defeated)
  • SB 484 Local taxing authority – Rolled into SB588
  • SB 588 Tax authority of localities; parity between cities and counties – Passed the Senate
  • SB 682 County food and beverage tax Rolled into SB588
  • SB 756 Income tax, corporate; combined reporting requirements – Continued to 2021
  • SB 799 County food and beverage tax – Rolled into SB588
  • SB 943 Mecklenburg County; additional sales and use tax, appropriations to incorporated towns – Passed the Senate
  • SB 1058 Income tax, corporate; returns of affiliated corporations, effective date – Passed the Senate

 

 

Nonpayment of Wages / Worker Misclassification 

  • HB 123 Nonpayment of wage; private action, liability for payment of wages due under construction contracts – Passed out of House
  • HB 204 Nonpayment of wages; private cause of action by an employee – Left in Committee (defeated)
  • HB 336 Nonpayment of wages; investigations – Passed the House
  • HB 337 Nonpayment of wages; discriminatory actions prohibited – Passed the House
  • HB 482 Nonpayment of wages; private action – Rolled into HB123
  • HB 801 Worker classification; penalties – Left in House Labor and Commerce Committee (defeated)
  • HB 984 Misclassification of workers; cause of action – Passed the House
  • HB 1199 Employee misclassification; retaliatory actions prohibited, civil penalty – Passed the House
  • HB 1407 Misclassification of employees as independent contractors; Department of Taxation to investigate – Passed the House
  • SB 48 Nonpayment of wages; discriminatory actions prohibited – Passed the Senate
  • SB 49 Nonpayment of wages; investigations – Passed the Senate
  • SB 429 Child support; withholding from income of an independent contractor – Passed the Senate
  • SB 662 Employee misclassification; retaliatory actions prohibited, civil penalty – Passed the Senate
  • SB 744 Misclassification of employees as independent contractors; Department of Taxation to investigate – Passed the Senate
  • SB 838 Nonpayment of wages; private action; liability for payment of wages due – Passed the Senate
  • SB 894 Misclassification of workers; cause of action – Passed the Senate

 

 

Energy 

  • HB 77 Green New Deal Act; fossil fuel projects moratorium, clean energy mandates, civil penalties – Left in House Appropriations Committee (defeated)
  • HB 206 Electric utility regulation; retail customer choice – Rolled into HB 1677
  • HB 868 Electric utilities; right to shop – Passed the House
  • HB 889 Electric utilities; retail competition – Passed the House
  • HB 1526 Virginia Clean Economy Act – Passed the House
  • HB 1664 Electric utilities; offshore wind development, facilities located in federal waters – Passed the House
  • SB 94 Virginia Energy Plan; relating to the Commonwealth Energy Policy – Passed the Senate
  • SB 376 Electric utilities; retail competition; renewable energy – Passed by Indefinitely (defeated)                        
  • SB 379 Electric utilities; retail competition – Passed by Indefinitely (defeated)
  • SB 842 Electric energy; customer choice – Carried over to 2021
  • SB 851 Electric utility regulation; environmental goals – Passed the Senate
  • SB 860 Electric utilities; offshore wind development – Passed the Senate
  • SB 912 Electric utilities; retail competition; renewable energy – Passed by Indefinitely (defeated)
  • SB 998 Offshore wind generation facilities; development of facilities – Passed the Senate

 

 

Privacy 

  • HB 473 Personal data; management and oversight – Carried over to 2021
  • HB 884 Safe destruction of records containing personal identifying information – Carried over to 2021
  • HB 954 Cybersecurity; care and disposal of customer records; security for connected devices – Carried over to 2021
  • HB 955 Children's online privacy protection; release of personal information prohibited. – Carried over to 2021
  • HB 956 Virginia Consumer Protection Act; prohibits advertising for sale of devices targeting children – Carried over to 2021
  • SB 641 Civil action; sale of personal data – Carried over to 2021

 

 

Alcoholic Beverage Control (ABC) 

  • HB 390 Alcoholic beverage control; license and fee reform – Passed the House
  • HB 614 Alcoholic beverage control; definition of "day spa." – Carried over to 2021
  • HB 923 Alcoholic beverage control; possession or consumption of alcoholic beverages by interdicted persons – Passed the House
  • HB 1088 Alcoholic beverage control; walking tour permit – Passed the House
  • HB 1187 Alcoholic beverage control; online sales of spirits by the Virginia Alcoholic Beverage Control – Passed both the House and the Senate
  • SB 181 Alcoholic beverage control; commercial lifestyle center – Passed the Senate
  • SB 196 Alcoholic beverage control; food-to-beverage ratio – Passed by Indefinitely in Committee (defeated)
  • SB 298 Alcoholic beverage control; tied house exception – Stricken at request of Patron
  • SB 389 Alcoholic beverage control; license and fee reform – Passed the Senate
  • SB 395 Alcoholic beverage control; residency requirement for licensure – Passed the Senate
  • SB 447 Alcoholic beverage control; license and fee reform – Rolled into SB389
  • SB 495 Alcoholic beverage control; jewelry store license – Passed the Senate
  • SB 497 Alcoholic beverage control; mixed beverage restaurant license; mini bottles – Passed the Senate
  • SB 709 ABC; work group; tied house provisions; report – Passed by Indefinitely (defeated)
  • SB 833 Alcoholic beverage control; cocktail supply shop license – Passed the Senate

 

 

Product Bans 

  • HB 640 Product safety; liquid containers containing bisphenol A prohibited, civil penalty – Failed to pass out of subcommittee
  • HB 956 Virginia Consumer Protection Act – Carried over to 2021
  • HB 1129 Product safety; flame retardants; regulations; fund; civil penalty – Failed to pass out of subcommittee
  • HB 1289 Humane Cosmetics Act; civil penalties – Failed to pass out of House Commerce and Labor Committee
  • HB 1712 Food packaging; PFAS chemicals, penalty.– Carried over to 2021

 

 

Tobacco 

  • HB 93 Flavored tobacco products; sale or distribution prohibited; civil penalty – Carried over to 2021
  • HB 1119 Flavored tobacco products; sale prohibited; civil penalty – Carried over to 2021
  • HB 1120 Taxes on tobacco products; penalties – Carried over to 2021
  • HB 1185 Sale of nicotine vapor products; penalties – Carried over to 2021
  • HB 1283 Registration of tobacco products retailers; purchase, possession, and sale of tobacco products – Carried over to 2021
  • HB 1365 Manufacture, sale, or distribution of imitation nicotine vapor products; penalty – Left in Committee
  • HB 1372 Licensing of retailers of vapor products; penalty – Carried over to 2021
  • SB 852 Taxes on tobacco products; penalties – Passed the Senate
  • SB 921 Local cigarette tax; authorize all counties to impose without rate limit – Rolled into SB588
  • SB 966 Flavored nicotine vapor product; prohibition, penalty – Failed to pass on the Floor of the Senate

 

 

Labeling 

  • HB 119 Milk; definition, misbranding product, prohibition – Passed the House
  • SB 510 Milk; definition, misbranding product, prohibition – Carried over to 2021

 

 

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