On Saturday, March 9th, the Virginia General Assembly gaveled out “sine die” from the 2024 legislative session ending the 60 day “long session”, which includes the development of a biennial budget. The General Assembly adopted a conference report to the budget and sent it to the Governor, who has the next few weeks to examine the budget and other legislation to determine if he signs, amends, or vetoes the bills the General Assembly sent to him. Many important Democratic priorities passed out of the General Assembly but potentially will be vetoed by Governor Youngkin.
There were 2,284 bills introduced in the General Assembly this session, with 1,046 passing both chambers. There are 974 bills now on the Governor’s desk awaiting his action by April 8, as the Governor acted on several dozen bills at the end of last week. Several major pieces of legislation were taken up this year including an authority to finance the construction of a stadium/entertainment district in Alexandria, the creation of an adult retail market for cannabis, legalization of skill games, and a slate of new tax proposals backed by the Governor in his introduced budget. This Session has been a sea change in Virginia politics as many newly elected legislators (17 new Senators and 34 new Delegates) and recently seated committee chairs brought new priorities and oversaw several major developments.
The Governor had a small set of seven-day bills sent to him during the Session and he had until last Friday to act on them. Of the seven-day bills, the Governor vetoed eight bills mainly regarding firearms, limiting book banning, railroad safety, and cybersecurity, and he offered amendments to about a dozen other bills while signing into law 64 bills.
On Thursday, the budget conference report was released and did not include one of the Governor’s economic development priorities, the language to create the Virginia Sports and Entertainment Authority, which is necessary for the construction of the Monumental Sports Arena in Alexandria. While this is not the end of negotiations, it has significantly heightened tensions between the Governor and legislative leaders, most notably Senate Finance Chairwoman Louise Lucas (D-Portsmouth). There remains the possibility that the Governor will veto the entire budget and call a special Session to focus on writing a new budget that sorts out lingering areas of disagreement.
Looking forward to November 2024, this is a presidential election year with every seat in the U.S. House of Representatives and Senator Tim Kaine (D-VA) up for re-election. Both congressional districts 7 and 10 in Northern Virginia have open seats. Several current state legislators have filed to run for either seat, meaning that both elections could precipitate a special election before Virginia’s 2025 General Assembly session. Congressman Bob Good is also facing a primary from State Senator John McGuire (R-Hanover).
Alongside those races, the 2025 gubernatorial race has begun to move forward as Congresswoman Abigail Spanberger and Mayor Levar Stoney of Richmond have declared for the Democratic nomination. As of now, no Republican has officially declared their candidacy in the upcoming gubernatorial election, but both the Lieutenant Governor and the Attorney General are potential Republican candidates for Governor.
Key Issue Breakdown
Below is a breakdown of some of the key issue areas for the retail industry. Each area is then broken down into two sections; remaining active bills that are before the Governor for signature as well as bills that have been defeated.
As always, your Virginia Retail Federation team will keep you informed on the status bills between the adjournment and Reconvene Session, April 17th.
Minimum Wage | Tipped Wage | Sales Tax Holiday | ORC/Larceny | Sales Tax Increase – School Construction | Spoliation | Sales Tax Exemption | Tax | Environment | Unemployment Compensation | Workers Comp | Product Ban | Tobacco | Employer Mandates | Paid Leave/Unpaid Leave | Consumer Protection/Privacy | Class Action | ABC | Cannabis | Small Business | Energy | Miscellaneous
jump to section
Minimum Wage
Active Bills
HB 1 and SB 1– Minimum wage; increases wage to $13.50 per hour effective January 1, 2025 – Before the Governor for Signature
- Increases the minimum wage from the current rate of $12.00 per hour to $13.50 per hour effective January 1, 2025, and to $15.00 per hour effective January 1, 2026. The bill satisfies a reenactment clause included in Chapters 1204 and 1242 of the Acts of Assembly of 2020
Defeated Bills
HB 325 – Minimum wage and overtime wages; civil actions
Left in House Labor and Commerce Committee
Tipped Wage
Active Bills
HB 335 – Tipped employees; DOLI to study increasing wages and address wage theft by employers – Before the Governor for Signature
- Department of Labor and Industry; tipped employee wages; work group. Directs the Department of Labor and Industry to convene a work group to study (i) options for increasing tipped employee minimum cash wages; (ii) circumstances related to wage theft or payment inequities by employers of tipped wage employees; and (iii) amending the penalty provisions related to employee remedies and employer penalties for violations of minimum wage requirements. The work group shall submit a report of its findings no later than December 1, 2024.
Sales Tax Holiday
Active Bills
HB 25 and SB 116 – Retail sales and use tax holiday; establishes an annual tax holiday that takes place in August – Before the Governor for Signature
- Establishes an annual retail sales and use tax holiday that takes place on the first full weekend in August beginning on August 1, 2025. During such weekend, state retail sales and use tax will not apply to certain (i) school supplies, (ii) clothing and footwear, (iii) qualified products designated as Energy Star or WaterSense, (iv) portable generators, or (v) hurricane preparedness equipment.
- Sunset of 2030
Defeated Bills
HB 138 – Retail sales and use tax holiday; establishes an annual tax holiday that takes place in August
Stricken from the docket by House Finance Committee 21-Y 0-N
SB 58 – Retail sales and use tax holiday; establishes an annual tax holiday that takes place in August
Incorporated into SB 116
ORC/Larceny
Active Bills
HB 1256 – Larceny and embezzlement offenses; prosecution in any county or city where the victim resides – Before the Governor for Signature
- Allows grand larceny and embezzlement offenses to be prosecuted in any county or city where the victim of the larceny or embezzlement resides.
Defeated Bills
HB 209 – Organized retail theft; repeals crime and Organized Retail Crime Fund
Left in House Courts of Justice Committee
HB 399 – Larceny; punishment for conviction of second or subsequent misdemeanor, penalty
Left in House Courts of Justice Committee
SB 77 – Larceny; punishment for conviction of fourth or subsequent misdemeanor, penalty
Passed by indefinitely in Senate Courts of Justice Committee 8-Y 7-N
Sales Tax Increase – School Construction
Active Bills
HB 805 and SB 14– Sales and use tax, local; construction or renovation of schools in Prince Edward County – both before the Governor for Signature
Passed the Senate 27-Y 11-N
- 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. The bill removes the requirement that such a tax must have an expiration date on either (i) the date of the repayment of any bonds or loans used for such capital projects or (ii) a date chosen by the governing body. 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.
Defeated Bills
HB 60 – Sales and use tax, local; construction or renovation of schools in Prince Edward County
Left in House Finance Committee
HB 193 – Stafford County; authorized to impose an additional local sales tax for schools
Left in House Finance Committee
HB 458 – Sales and use tax, local; additional tax authorized in all counties & cities to support schools
Left in House Finance Committee
HB 600 – Sales and use tax, local; additional tax authorized in all counties & cities to support schools
Left in House Finance Committee
HB 616 – Sales tax; additional local tax for schools; City of Newport News
Left in House Finance Committee
SB 146 – Sales tax, local; Prince Edward County added to list of localities that are authorized to impose.
Spoliation
Defeated Bills
SB 86 – Evidence; spoliation
Stricken from Senate Courts of Justice Committee Docket
Sales Tax Exemption
Defeated Bills
HB 540 Sales tax; exemption for food purchased for human consumption and essential personal hygiene
Continued to 2025 by House Finance Committee
HB 1536 – Sales and Use Tax, exemption for baby products
Continued to 2025 in House Finance Committee
SB 110– Sales tax; exemption for food purchased for human consumption and essential personal hygiene
Passed by Indefinitely in Senate Finance and Appropriations Committee 10-Y 5-N
SB 511 – Sales tax exemption; certain baby products
Passed by Indefinitely in Senate Finance and Appropriations Committee 15-Y 0-N
Tax
Active bills
Passed the House 99-Y 0-N
- Provides that when Virginia does not conform on a rolling basis to federal tax laws due to any changes in a single act of Congress with an impact of more than $15 million on revenues in the year in which the amendment was enacted or any of the next four years, such nonconformity shall not be considered for purposes of calculating the nonconformity threshold for all amendments in a year with a cumulative projected impact of more than $75 million in the year in which the amendments were enacted or any of the next four years.
Defeated Bills
HB 88 – Income tax, state; removes sunset on elevated standard deduction amounts
Continued to 2025 by House Finance Committee
HB 261 – Income tax, state; rolling conformity
Continued to 2025 by Senate Finance and Appropriations Committee
HB 473 – Income tax, state; employer retention credit
Left in House Finance Committee
HB 541 – Income tax, state; deduction for qualified business income
Left in House Finance Committee
HB 551 – Income tax, Corporate; apportionment of income using single sales factor method
Left in House Finance Committee
HB 552 – Income tax, Corporate; sourcing of sales other than sales of tangible personal property
Continued to 2025 by House Finance Committee
HB 865 – Imposition of income tax
Continued to 2025 by House Finance Committee
HB 887 – Income taxes
Continued to 2025 by House Finance Committee
HB 889 – Sales and use tax on services
Continued to 2025 by House Finance Committee
HB 1281 – Income Tax; State; decreases certain taxes, increases amount of tax credit
Continued to 2025 by House Finance Committee
Continued to 2025 by Senate Finance and Appropriations Committee
SB 459 – Income tax, state; rolling conformity
Continued to 2025 by Senate Finance and Appropriations
SB 632 – Income Tax; State; decreases certain taxes, increases amount of tax credit
Continued to 2025 by Senate Finance and Appropriations Committee
SB 108 – Income tax, state; standard deduction
Environment
Active Bills
HB 4 – Plastic bag tax; distribution to towns
Before the Governor for Signature
- Provides that any town located within a county that has imposed a disposable plastic bag tax shall receive a distribution of revenues collected by the county based on the local sales tax distribution formula for appropriations to towns. The bill requires that towns use such revenues for the same purposes allowable for a county or city.
HB 1085 and SB 243– PFAS Expert Advisory Committee; established, monitoring sources.
Before the Governor for Signature
- Requires, for every public water system, as defined in the bill, the Department of Health (VDH) to assist the Department of Environmental Quality (the Department) by transferring to the Department quarterly all validated monitoring results available to VDH that indicate PFAS maximum containment level, as defined in the bill, exceedances. In such circumstances, the bill provides that the Department is required to develop and implement a plan to prioritize and conduct PFAS assessments for identifying significant sources of PFAS in such public water system’s raw water source or sources. The bill requires any facility, if deemed by the Department to be a potentially significant source of PFAS in the public water system’s raw water source, (i) to perform and promptly report the results of quarterly discharge monitoring for one year and (ii) to report to the Department, within 90 days after being directed by the Department, its manufacture or use of PFAS. The bill establishes a PFAS Expert Advisory Committee to assist the Department and VDH in its PFAS-related efforts and requires the Committee to meet at least two times per year through June 30, 2027. The bill requires the Department to annually report certain information to the Governor and the General Assembly by October 1.
Defeated Bills
HB 33 – Public drinking water; Commissioner of Health’s work group to study occurrence of microplastics
Continued to 2025 by House Rules Committee
HB 228 – Virginia Consumer Protection Act; recycling information on products
Continued to 2025 by House Labor and Commerce Committee
HB 245 – PFAS; facilities that have engaged in manufacture, etc., to produce report on use of chemicals
Incorporated into HB1085 by House Agriculture, Chesapeake, and Natural Resources Committee
SB 462 – Reports relating to PFAS; Department of Environmental Quality; one-time report
Incorporated into SB 243 by Senate Agriculture, Conservation and Natural Resources Committee
Unemployment Compensation
Active Bills
HB 14 and SB 381– Unemployment compensation; employer’s failure to respond to requests for information, etc
Before the Governor for Signature
- Provides that an employer’s account shall not be relieved of charges relating to an erroneous payment if the Virginia Employment Commission determines that (i) the employer has failed to respond timely or adequately to a written request for information related to the claim and (ii) the employer has established a pattern of failing to respond timely or adequately to such requests, as described in the bill. The bill requires the Commission to provide written notice for each instance of untimely or inadequate employer response to such requests. The bill provides that upon the Commission’s third determination, and for each subsequent determination, within the applicable review period that an employer failed to respond timely or adequately to such a request, the employer shall be considered to have waived all rights in connection with the claim, including participation and appeal rights. The bill requires a deputy examining a claim to provide the reasoning behind the decision, as described in the bill, and a short statement of case-specific facts material to the determination together with any notice of determination upon a claim. The provisions of the bill have a delayed effective date of July 1, 2025. As introduced, this bill was a recommendation of the Commission on Unemployment Compensation.
HB 938 and SB 542 – Unemployment insurance; benefit eligibility conditions; lockout exception to labor dispute
Before the Governor for Signature
- Amends the Virginia Unemployment Compensation Act’s labor dispute disqualification to provide that a lockout by an employer shall not constitute a labor dispute and that locked-out employees who are otherwise eligible for benefits shall receive such benefits unless (i) the recognized or certified collective bargaining representative of the locked-out employees refuses to meet under reasonable conditions with the employer to discuss the issues giving rise to the lockout, (ii) there is a final adjudication under the federal National Labor Relations Act that such representative has refused to bargain in good faith with the employer, or (iii) the lockout is the direct result of such representative’s violation of an existing collective bargaining agreement.
HB 1261 – Unemployment compensation; continuation of benefits; repayment of overpayments – Before the Governor for Signautre
- 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. Finally, 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.
SB 382 – Unemployment compensation; collection of overpayments; limitations
Before the Governor for Signature
- Provides that collection activities for an overpayment, provided that such overpayment was not caused by fraud on the part of the claimant, shall be suspended and that the Virginia Employment Commission shall determine as uncollectable and discharge the overpayment if it remains unpaid after the earliest of the following: (i) after the expiration of five years from the last day of the benefit year in which the overpayment was made, (ii) immediately upon the death of the claimant, (iii) upon the claimant’s discharge in bankruptcy occurring subsequently to the determination of payment; or (iv) at any time where the Commission finds such overpayment to be uncollectible or the recovery of such overpayment to be administratively impracticable
SB 536– Unemployment compensation; continuation of benefits; repayment of overpayments – Before the Governor for Signature
- 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 the bill shall be incurred by federal administrative grants and the general fund.
Finally, 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.
Defeated Bills
HB 82 – Unemployment compensation; maximum duration of benefits
Left in House Labor and Commerce Committee
Workers Comp
Active Bills
HB 205 – Workers’ compensation; prompt payment, limitation on claims
Before the Governor for Signature
- Prohibits an employer or workers’ compensation carrier from seeking recovery of a payment made to a health care provider for health care services rendered to a claimant, unless such recovery is sought less than one year from the date payment was made to the health care provider. Under current law, such prohibition only applies to services rendered after July 1, 2014.
The bill also prohibits a health care provider from submitting a claim to the Workers’ Compensation Commission contesting the sufficiency of payment for health care services rendered to a claimant unless such claim is filed within one year of the date the last payment is received by the health care provider. Under current law, such prohibition only applies to services rendered after July 1, 2014.
HB 974 – Workers’ compensation; employee may satisfy burden of proof by circumstantial evidence – Before the Governor for Signature
- Provides that in any claim for workers’ compensation, where the employee suffers an unexplained fall in the course of employment, such employee may satisfy the burden of proof by circumstantial evidence, testimony of others, other evidence, or any combination thereof.
SB 241 – Workers’ compensation; notice of right to dispute claim
Before the Governor for Signature
- Requires that when an employee’s workers’ compensation claim is denied, an employer or insurer shall include in its letter denying benefits a notice that the employee has a right to dispute the claim denial through the Virginia Workers’ Compensation Commission.
Defeated Bills
HB 531 and SB 520– Workers’ compensation; injuries caused by repetitive and sustained physical stressors
Continued to 2025 by House Appropriations Committee
Continued to 2025 by Senate Finance and Appropriations Committee
HB 1300 – ‘Occupational disease’ defined
Left in House Labor and Commerce Committee
Product Ban
Active Bills
HB 47 and SB 306 – Invasive plant species; requirements for retail sales
Before the Governor for Signature
- Requires, for the retail sale of any invasive plant species for outdoor use on a list established by the Department of Conservation and Recreation, such plant be accompanied by conspicuous signage that identifies the plant as invasive. The bill requires the Commissioner of Agriculture and Consumer Services to designate the format, size, and content of such signage no later than October 1, 2024, and requires the Commissioner to issue a stop sale order and mark or tag a plant in a conspicuous manner when an invasive plant is for sale at a retail outlet without appropriate signage. In such case, the bill requires the Commissioner to give written notice of a finding made to the owner, tenant, or person in charge of such retail outlet and requires the stop sale order issued to remain in effect until the required signage is posted. Any person who violates the provisions of the bill is subject to a civil penalty not to exceed $500.
HB 1167 – Local prohibition on the sale of English ivy; civil penalty
Before the Governor for Signature
- Authorizes any locality to adopt an ordinance prohibiting the sale of English ivy, with violations punishable by a civil penalty not to exceed $50 for a first violation and not to exceed $200 for a subsequent violation within 12 months.
Defeated Bills
HB 644 and SB 305 – Local prohibition or regulation of gas-powered leaf blowers; civil penalty
Left in House Counties Cities and Towns Committee
Continued to 2025 by Senate Local Government Committee
Tobacco
Active Bills
HB 790 – Registration of tobacco products retailers; purchase, possession, and sale of retail tobacco – Before the Governor for Signature
- Prohibits Internet sales of liquid nicotine or nicotine vapor products, except to a retail dealer, and prohibits the sale of retail tobacco products from vending machines. The bill updates, for the purpose of the crime of selling or distributing tobacco products to a person younger than 21 years of age, the definition of “retail tobacco products” by including in such definition products currently defined as “nicotine vapor products” or “alternative nicotine vapor products.” The bill also removes provisions prohibiting the attempt to purchase, the purchase, or the possession of tobacco products by persons younger than 21 years of age.
The bill provides that the punishment of a retail establishment that sells, gives, or furnishes a tobacco product to a person younger than 21 years of age or to a person who does not demonstrate that such person is at least 21 years of age is (i) a civil penalty of $1,000 for a first offense, (ii) a civil penalty of $5,000 for a second offense and a 30 day suspension of such establishment’s distributor’s license, and (iii) a civil penalty of $10,000, revocation of such license, and such distributor shall be ineligible to hold a license for a period of three years following the most recent violation. Under current law, such penalties apply only to the sale, distribution, or purchase of a bidi and do not require a suspension or revocation of the establishment’s distributor’s license, while violations involving all other products are punishable by a civil penalty of $100 for a first offense, $200 for a second offense, and $500 for a third or subsequent offense. The bill also removes the exception allowing the sale, giving, or furnishing of any tobacco product, nicotine vapor product, or alternative nicotine vapor product to active-duty military personnel who are 18 years of age or older. The bill requires the Department, in collaboration with the Virginia Alcoholic Beverage Control Authority and local law enforcement, to conduct a compliance check every 24 months on any retailer selling retail tobacco products and to use a person younger than 21 years of age to conduct such checks.
The bill also imposes a tax upon liquid nicotine in closed systems, as defined in the bill, at the rate of $0.066 per milliliter and upon liquid nicotine in open systems, as defined in the bill, at the rate of 20 percent of the wholesale price. The bill applies licensing requirements to manufacturers, distributors, and retail dealers of liquid nicotine and creates new safety requirements related to the advertising, marketing, and labeling of liquid nicotine and nicotine vapor products. The provisions of the bill shall not become effective unless reenacted by the 2025 Session of the General Assembly.
HB 947– Comprehensive plan; vape shops near schools
Before the Governor for Signature
- Allows a locality to regulate the retail sale locations of tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking for any such retail sale location and may prohibit a retail sale location on property within 1,000 linear feet of a child day center or a public, private, or parochial school.
HB 1018 – Powers of investigators; enforcement of certain tobacco laws.
Before the Governor for Signature
- Authorizes investigators with the Office of the Attorney General to seize cigarettes that are unlawfully sold, possessed, distributed, transported, imported, or otherwise held and to accompany and participate with special agents of the Alcoholic Beverage Control Board or other law-enforcement officials engaging in an enforcement action involving counterfeit and unstamped cigarettes.
HB 1069 and SB 550– Liquid nicotine and nicotine vapor products; certification and directory; penalties – Before the Governor for Signature
- Requires every manufacturer of liquid nicotine or nicotine vapor products that are sold for retail sale in the Commonwealth to certify to the Attorney General that (i) the manufacturer has received a marketing authorization or similar order for the liquid nicotine or nicotine vapor product from the U.S. Food and Drug Administration (FDA) or (ii) (a) the liquid nicotine or nicotine vapor product was marketed in the United States as of August 8, 2016, or (b) the manufacturer submitted a premarket tobacco product application for the liquid nicotine or nicotine vapor product to the FDA on or before September 9, 2020, and such application either remains under review by the FDA or a final decision on the application has not otherwise taken effect. The bill requires a manufacturer to submit such a form for each liquid nicotine or nicotine vapor product that such manufacturer sells for retail sale in the Commonwealth. Under the bill, any manufacturer that falsely represents any of the information required by the certification requirement is guilty of a Class 3 misdemeanor for each false representation.
The bill requires the Attorney General to establish and maintain a directory that lists all liquid nicotine or nicotine vapor product manufacturers and liquid nicotine and nicotine vapor products for which current and accurate certification forms have been submitted. The bill requires the Attorney General to remove or exclude from such directory any such product that is not in compliance and to notify the manufacturer of such noncompliance. The bill allows a 10-business-day period for a manufacturer to establish compliance. The bill requires that any such products that are removed from the list be sold or removed from retail sale within 30 days or become subject to seizure and requires a manufacturer, wholesaler, or retail dealer to notify each purchaser of a removed product that it has been removed from the directory at the time of delivery of such product. The bill entitles such a purchaser to a refund of the purchase price and creates a cause of action to recover such refund.
The bill prohibits the sale, distribution, importation, or offer for sale of any liquid nicotine or nicotine vapor product that is not listed in the directory. The bill provides for a civil penalty of $1,000 per day for each product offered for sale in violation of the bill’s provisions until the offending product is removed from the market or until the offending product is properly listed on the directory.
The bill requires any person that receives, stores, sells, handles, or transports liquid nicotine or nicotine vapor products to preserve all records relating to the purchase, sale, exchange, receipt, or transportation of all liquid nicotine or nicotine vapor products for a period of three years. The bill provides that all such records are subject to audit or inspection at any time by any duly authorized representative of the Attorney General. Any person who violates the recordkeeping provisions of the bill is guilty of a Class 2 misdemeanor.
Additionally, the bill provides that the Department of Taxation, the Attorney General, any other law-enforcement agency of the Commonwealth, or any federal law-enforcement agency conducting a criminal investigation involving the trafficking of liquid nicotine or nicotine vapor products may access at any time such records. The bill requires the Department of Taxation to impose a penalty of $1,000 for each day that a person fails or refuses to allow or cooperate with an audit, inspection, or investigation of such records.
The bill authorizes the Attorney General and, with the concurrence of the Attorney General, any attorney for the Commonwealth, or the attorney for any city, county, or town to cause an action to enjoin any violation of the provisions of the bill. The circuit courts are authorized by the bill to (i) issue temporary or permanent injunctions to restrain and prevent violations of the provisions of the bill and (ii) order forfeiture on any property seized for such a violation. The bill authorizes the Attorney General to issue a civil investigative demand.
Under the bill, any retailer and wholesaler that sells or distributes any liquid nicotine or nicotine vapor product in the Commonwealth is subject to scheduled or unscheduled compliance checks carried out by the Attorney General, or an agent thereof, for enforcement purposes.
The bill requires the Attorney General to provide an annual report to the General Assembly regarding the status of the directory, manufacturers and products included in the directory, and revenues and expenditures related to and enforcement activities undertaken pursuant to the requirements of the bill.
Finally, the bill makes a violation of its provisions a prohibited practice under the Consumer Protection Act. The provisions of the bill do not become effective unless reenacted by the 2025 Session of the General Assembly.
HB 1099 – Heated tobacco; taxation
Before the Governor for Signature
- Redefines “cigarette” for state cigarette tax purposes to include any product containing nicotine that is intended to be burned or heated under ordinary conditions of use. Under current law, heated tobacco products are distinct from cigarettes for the purpose of taxation. The bill also subjects such cigarettes intended to be heated to an excise tax of 2.25 cents per cigarette on and after July 1, 2021. Under current law, heated tobacco products are subject to the tobacco products tax at such rate.
Defeated Bills
HB 1036 – Local tax authority; nicotine vapor products
Left in House Finance Committee
HB 1090 – Prohibiting purchase or possession of tobacco products, etc.; persons under 21 years of age
Left in House Courts of Justice
HB 1119 – Local government powers; regulation of tobacco, nicotine, and hemp product retail sale locations
Left in House Counties, Cities and Towns Committee
HB 1240 – Sale of nicotine vapor product, alternative nicotine product, hemp product intended for smoking
Left in House Courts of Justice Committee
Employer Mandates
Active Bills
HB 569 – Employment discrimination; employee notification of federal and state statute of limitations – Before the Governor for Signature
- Requires an employer who receives an employee complaint alleging sexual assault, harassment, or any other form of discrimination for which the employee may seek enforcement by the U.S. Equal Employment Opportunity Commission (EEOC) or the Office of the Attorney General to notify such employee that a charge may be filed with the EEOC or the Office of the Attorney General within 300 days after the alleged unlawful discriminatory practice occurred. The bill also requires an employer to provide this information as part of any new employee training provided at the commencement of employment or anti-discrimination training provided to an employee.
HB 770 – Retaliatory action against employee prohibited; remedies available
Before the Governor for Signature
- Provides that a violation of certain provisions regarding retaliatory action against employees may be alleged in a court of competent jurisdiction within one year of the employer’s final prohibited retaliatory action. The bill states that in such cases, treble damages may be awarded if such violation was willful.
HB 924 – Transportation network companies; delivery network companies; publishing and disclosure requirement – Before the Governor for Signature
- Requires a transportation network company or delivery network company, defined in the bill, to publish on its public website and associated digital platform information about (i) the portion of each fare, in the aggregate, that goes to the TNC or DNC partner, defined in the bill, and to the transportation network company or delivery network company; (ii) on average, how much TNC partners and DNC partners work and earn; and (iii) the average amount of expenses TNC partners and DNC partners incur in the course of such work. The bill requires a transportation network company or delivery network company to disclose to TNC partners and DNC partners the use of any nonlinear compensation system, defined in the bill, and details about such companies’ deactivation process, defined in the bill, for TNC partners and DNC partners. The bill requires transportation network companies and delivery network companies to provide TNC partners and DNC partners with information regarding the fare and the amount they will be paid and the location or locations to which they will be driving on a trip prior to any requirement to accept or decline such trip.
HB 990 and SB 370– Prohibiting employer seeking wage or salary history of prospective employees; wage or salary range – Before the Governor for Signature
- Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage or salary history; and (v) failing or refusing to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate.
Defeated Bills
HB 370 – Employment; annual interactive training and education; harassment and workplace discrimination
Left in House Labor and Commerce Committee
HB 734 – Delivery network companies; portable benefit accounts
Stricken from the Docket in House Labor and Commerce Committee
HB 1258 – Employee protections; discipline for political activity or affiliations prohibited
Laid on the table in House Labor and Commerce Committee 11-Y 10-N
SB 185 – E-Verify program; every employer to enroll in program by January 1, 2025
Passed by indefinitely in Senate Commerce and Labor Committee
SB 485 – Employee protections; employer-sponsored meetings on political matters; civil action
Continued to 2025 by Senate Labor and Commerce Committee
Paid Leave/Unpaid Leave
Active Bills
SB 373– Paid family and medical leave insurance program; notice requirements, civil action
Before the Governor for Signature
- Requires the Virginia Employment Commission to establish and administer a paid family and medical leave insurance program with benefits beginning January 1, 2027. Under the program, benefits are paid to covered individuals, as defined in the bill, for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees beginning January 1, 2026. The bill provides that 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 bill caps the duration of paid leave at 12 weeks in any application year and provides self-employed individuals the option of participating in the program.
HB 1098 – Unpaid family bereavement leave; civil penalty
Before the Governor for Signature
- Requires that an employer that employs 50 or more employees provide eligible employees, defined in the bill, with up to 10 days of unpaid family bereavement leave in any 12-month period to (i) attend the funeral or funeral equivalent of a covered family member; (ii) make arrangements necessitated by the death of a covered family member; (iii) grieve the death of a covered family member; or (iv) be absent from work due to (a) a miscarriage, (b) an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure, (c) a failed adoption match or an adoption that is not finalized because it is contested by another party, (d) a failed surrogacy agreement, (e) a diagnosis that negatively impacts pregnancy or fertility, or (f) a stillbirth. The bill requires the employee to provide notice of his intent to take the leave if reasonable and practicable and provides that an employer may require reasonable documentation of the death or event. The bill requires the employer to restore the employee’s position following the leave, to continue to provide coverage for the employee under any health benefit plan, and to pay the employee any commission earned prior to the leave. The bill prohibits the employer from taking retaliatory action against the employee for taking family bereavement leave. The bill requires the Commissioner of Labor and Industry to enforce its provisions and provides for civil penalties for violations of its requirements.
Defeated Bills
HB 38 – Employment paid sick leave, civil penalties
Continued to 2025 by House Appropriations Committee
HB 256 and SB 507– Health care providers & grocery store workers; employers to provide paid sick leave, effective date
Incorporated into HB 348
Continued to 2025 by Senate Finance and Appropriations Committee
HB 348 – Employment; paid sick leave, civil penalties
Continued to 2025 by House Appropriations Committee
HB 737 – Paid family and medical leave insurance program; notice requirements, civil action
Left in House Appropriations Committee
Consumer Protection/Privacy
Active Bills
HB 707 and SB 361 – Consumer Data Protection Act; protections for children
Before the Governor for Signature
- Prohibits, subject to a parental consent requirement, a data controller from processing personal data of a known child (i) for the purposes of targeted advertising, the sale of such personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer; (ii) unless such processing is reasonably necessary to provide the online service, product, or feature; (iii) for any processing purpose other than the processing purpose that the controller disclosed at the time such controller collected such personal data or that is reasonably necessary for and compatible with such disclosed purpose; or (iv) for longer than is reasonably necessary to provide the online service, product, or feature. The bill prohibits, subject to a parental consent requirement, a data controller from collecting precise geolocation data from a known child unless (i) such precise geolocation data is reasonably necessary for the controller to provide an online service, product, or feature and, if such data is necessary to provide such online service, product, or feature, such controller shall only collect such data for the time necessary to provide such online service, product, or feature and (ii) the controller provides to the known child a signal indicating that such controller is collecting such precise geolocation data, which signal shall be available to such known child for the entire duration of such collection. The bill prohibits a data controller from engaging in the activities described in the bill unless the controller obtains consent from the child’s parent or legal guardian in accordance with the federal Children’s Online Privacy Protection Act.
HB 744 – Consumer protection; automatic renewal or continuous service offers
Before Governor for Signature
- Requires a supplier making automatic renewal or continuous service offers that automatically renew after more than 30 days and extend the automatic renewal or continuous service offer for more than a period of 12 months to notify the consumer of the option to cancel no less than 30 days and no more than 60 days before the cancellation deadline or the end of the current contract term.
HB 1519 – Virginia Consumer Protection Act; Fees for Electronic Fund Transfers; prohibited — Before the Governor for Signature
- Provides that charging any transaction or processing fee or similar surcharge for the purchase of a good or service through the use of an electronic fund transfer is a prohibited practice under the Virginia Consumer Protection Act. The bill provides that such prohibited practice includes any aspect of a consumer transaction that is subject to the Virginia Residential Landlord and Tenant Act.
Defeated Bills
HB 1280 – Consumer protection; failure to honor service warranty
Continued to 2025 in House Labor and Commerce Committee
HB 1320 – Virginia Consumer Protection Act; prohibited practices; mandatory fees disclosure
Continued to 2025 in House Labor and Commerce Committee
SB 164 – Virginia Consumer Protection Act; prohibited practices, artificial intelligence disclosure.
Continued to 2025 in Senate General Laws and Technology Committee
SB 252 – Consumer Data Protection Act; controller privacy notice; cookies; consumer consent
Continued to 2025 in Senate General Laws and Technology Committee
SB 388– Virginia Consumer Protection Act; prohibited practices; mandatory fees disclosure
Conference report failed to pass the House
Class Action
HB 418 and SB 259 – Civil actions filed on behalf of multiple persons; types of class actions – Before the Governor for Signature
- Provides that one or more members of a class may, as representative parties on behalf of all members, bring a civil action or may be proceeded against in a civil action provided that (i) the class is so numerous that joinder of all members or proceeding with such actions on an individual basis is impracticable or contrary to judicial economy; (ii) there are questions of law or fact common to the class; (iii) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (iv) the representative parties shall fairly and adequately protect the interests of the class. The bill further sets out the procedure to certify a class action, the duties of counsel appointed in a class action, the various orders a court may issue during the course of a class action, and the process by which a settlement, voluntary dismissal, or compromise may occur. The bill has a delayed effective date of July 1, 2025.
ABC
Active Bills
HB 522 and SB 182– Alcoholic beverage control; advertisements
Before the Governor for Signature
- Directs the Board of Directors of the Virginia Alcoholic Beverage Control Authority to promulgate regulations that prescribe the terms and conditions under which manufacturers, brokers, importers and wholesalers may advertise and promote alcoholic beverages via the Internet, social media, direct-to-consumer electronic communication, or other electronic means.
HB 688 and SB 635– Alcoholic beverage control; sale and delivery of mixed beverages and pre-mixed wine for off-premise – Before the Governor for Signature
- Repeals the July 1, 2024, sunset on provisions that allow (i) distillers that have been appointed as agents of the Board of Directors of the Virginia Alcoholic Beverage Control Authority, mixed beverage restaurant licensees, and limited mixed beverage restaurant licensees to sell mixed beverages for off-premises consumption and (ii) farm winery licensees to sell pre-mixed wine for off-premises consumption. The bill also repeals, effective July 1, 2026, third-party delivery licenses. The bill requires the Authority to convene a work group to review third-party delivery licenses and report its findings and recommendations to the Chairmen of the House Committee on General Laws and the Senate Committee on Rehabilitation and Social Services by November 15, 2024.
SB 658 – ABC, Timeline for Summary Suspension
Before the Governor for Signature
- Provides that when special agents of the Board of Directors of the Virginia Alcoholic Beverage Control Authority are conducting an initial investigation for purposes of summary suspension and the 48-hour time limit for such initial investigation expires on a Saturday, Sunday, or legal holiday, the special agents may submit their findings from such initial investigation any time prior to the close of business on the next day that is not a Saturday, Sunday, or legal holiday.
Defeated Bills
HB 1050 – Alcoholic beverage control; confectionery mixed beverage retail license
Left in House General Laws Committee
SB 416 – Alcoholic beverage control; tied house exception
Stricken from the docket in Senate Rehabilitation and Social Services Committee
SB 168 – Alcoholic beverage control; food-to-beverage ratio
Left in House General Laws Committee
Cannabis
HB 149 and SB 391– Employee protections; medicinal use of cannabis oil
Before the Governor for Signature
- 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.
HB 698 and SB 448– Cannabis control; establishes a framework for creation of a retail marijuana market, penalties – Before the Governor for Signature
- Establishes a framework for the creation of a retail marijuana market in the Commonwealth, to be administered by the Virginia Cannabis Control Authority. The bill allows the Authority to begin issuing all marijuana licenses on September 1, 2024, but provides that no retail sales may occur prior to May 1, 2025.
Small Business
HB 1404 – Small SWaM Business Procurement Enhancement Program; established, definitions, report – Before the Governor for Signature
- Establishes the Small SWaM Business Procurement Enhancement Program with a statewide goal of 42 percent of certified small SWaM business utilization in all discretionary spending by executive branch agencies and covered institutions in procurement orders, prime contracts, and subcontracts, as well as a target goal of 50 percent subcontracting to small SWaM businesses in instances where the prime contractor is not a small SWaM business for all new capital outlay construction solicitations that are issued. Executive branch agencies and covered institutions are required to increase their small SWaM business utilization rate by three percent per year until reaching the 42 percent target level or, if unable to do so, to implement achievable goals to increase their utilization rate. In addition, the bill provides for a small SWaM business set-aside for state agency and covered institution purchases of goods, services, and construction, requiring that purchases up to $100,000 be set aside for award to certified small SWaM businesses.
The bill creates the Division of Procurement Enhancement within the Department of Small Business and Supplier Diversity for purposes of collaborating with the Department of General Services, the Virginia Information Technologies Agency, the Department of Transportation, and covered institutions to further the Commonwealth’s efforts to meet the goals established under the Small SWaM Business Procurement Enhancement Program, as well as implementing initiatives to enhance the development of small businesses, microbusinesses, women-owned businesses, service disabled veteran-owned businesses and minority-owned businesses in the Commonwealth.
Finally, the bill Requires the Department of Small Business and Supplier Diversity to conduct a disparity study every five years, the next due no later than January 1, 2026. The study shall evaluate the need for enhancement and remedial measures to address the disparity between the availability and the utilization of women-owned and minority-owned businesses. The bill has a general delayed effective date of January 1, 2025 and a delayed effective dates of July 1, 2025 for covered institutions.
Energy
Defeated Bills
HB 402 – Electric utilities; retail competition for purchase and sale of electric energy, etc.
Stricken from the Docket in House Labor and Commerce Committee
HB 403 – Electric utilities; temporary power purchase agreements.
Left in House Labor and Commerce Committee
HB 469 and SB 152 – Electric utilities; retail competition, aggregated competitive purchasers
Stricken from the docket in House Labor and Commerce Committee
Continued to 2025 in Senate Commerce and Labor Committee
Miscellaneous
Active Bills
HB 160 – Veterans; workplace poster for benefits and services
Before the Governor for Signature
- Directs the Department of Labor and Industry, in consultation with the Department of Veterans Services, to create a poster describing benefits and services available to veterans and allows employers to request and display such poster in the workplace. The bill enumerates a minimum group of resources the poster shall include, including (i) Department of Veterans Services’ programs, contact information, and website address; (ii) substance abuse and mental health treatment resources; (iii) educational, workforce, and training resources; (iv) tax benefits; (v) eligibility for unemployment insurance benefits; (vi) legal services; and (vii) the U.S. Department of Veterans Affairs Veterans Crisis Line.
HB 474 – Restroom Access Act; civil liability
Before the Governor for Signature
- Requires a retail establishment that does not have a public restroom but has an employee toilet facility to allow any customer with an eligible medical condition, as defined in the bill, to use such employee toilet facility during normal business hours if certain conditions are met. A customer who suffers loss as a result of a violation may bring an action to recover damages not to exceed $100.
HB 633 – Forced labor or service; civil action for trafficking, penalties
Before Governor for Signature
- Expands the offense of abduction to penalize any person who, by force, intimidation or deception, and without legal justification or excuse, obtains the labor or services of another, or seizes, takes, transports, detains or secretes another person or threatens to do so. The bill also expands the offense of receiving money for procuring a person to penalize any person who causes another to engage in forced labor or services or provides or obtains labor or services by any act as describe in the offense of abduction. Lastly, the bill allows any person injured as a result of an abduction for the purposes of forced labor or services to commence a civil action for recover compensatory damages, punitive damages, and reasonable attorney fees and costs
HB 782 – Virginia Human Rights Act; dual-filed civil actions
Before the Governor for Signature
- Clarifies timelines for dual-filing complaints alleging unlawful discrimination under the Virginia Human Rights Act and the U.S. Equal Employment Opportunity Commission. The bill allows either the complainant or the respondent for any charge of discrimination to request a notice of the right to file a civil action after the Commission has closed its file on such charge of discrimination.
HB 1035 – Places of public accommodation; possession and administration of epinephrine
Before the Governor for Signature
- Permits every place of public accommodation, defined in relevant law as all places or businesses offering or holding out to the general public goods, services, privileges, facilities, advantages, or accommodations, to make epinephrine available for administration and permits any employee of such place of public accommodation who is authorized by a prescriber and trained in the administration of epinephrine to possess and administer epinephrine to a person present in such place of public accommodation believed in good faith to be having an anaphylactic reaction. Current law limits such permission to every public place, defined in relevant law as any enclosed, indoor area used by the general public, and any employee of such public place.
HB 1301 – Virginia Post-Disaster Anti-Price Gouging Act; definitions
Before the Governor for Signature
- Provides that for the purposes of the Virginia Post-Disaster Anti-Price Gouging Act, “consumer transaction” includes transactions involving the advertisement, sale, lease, license, or offering for sale, lease, or license of employment services to be provided or procured for business purposes. The bill also amends the definition of “time of disaster” to mean the longer of (i) the period of time when a state of emergency declared by the Governor or the President of the United States as the result of a disaster, emergency, or major disaster is in effect or (ii) 30 days after the occurrence of the disaster, emergency, or major disaster that resulted in the declaration of the state of emergency. Under current law, the definition of “time of disaster” means the shorter of the time periods specified in clauses (i) and (ii).
SB 350 – Virginia Human Rights Act; right to sue
Before the Governor for Signature
- Permits a complainant who has not received a notice of the right to file a civil action from the Office of Civil Rights of the Department of Law or the Equal Employment Opportunity Commission as requested after 180 days have passed from the date the complaint was filed to commence a timely civil action in an appropriate general district or circuit court having jurisdiction over the person who allegedly unlawfully discriminated against the complainant.
SB 570 – Virginia Human Rights Act; definition of “employer”
Before the Governor for Signature
- Waives the Commonwealth’s sovereign immunity to a civil action under the definition of “person” in relevant law. The bill also expands the definition of “employer” as it relates to the requirement to provide reasonable accommodation for persons with disabilities under the Virginia Human Rights Act to include any government or political subdivision, or agent of such government or political subdivision, employing more than five employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. The bill also reduces the number of employees from 15 to five for the definition of employer of domestic workers.
SB 634 – State Corporation Commission; powers and duties
Passed the Senate 21-Y 19-N
- Provides that in proceedings before the State Corporation Commission relating to the regulation and oversight of utilities, the Commission shall consider public safety, the economy of the Commonwealth, the promotion of workforce development for residents of the Commonwealth, and the maintenance of fair labor standards for workers employed by public service companies and their contractors.
Defeated Bills
HB 954 – Virginia Human Rights Act; prohibits discrimination on the basis of citizenship or immigration
Continued to 2025 by House General Laws Committee
HB 1216 – Employee Child Care Assistance Program and Fund; established
Left in Senate Finance and Appropriations
