CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

Trade and Commerce

P Passed

P HB499

Uniform Electronic Transactions Act. Adopts the Uniform Electronic Transactions Act (UETA) promulgated by the National Conference of Commissioners on Uniform State Laws. Under UETA, electronic transactions are not invalidated merely because they are in an electronic form instead of on paper. The bill provides rules and procedures for using electronic records and electronic signatures in both commercial and governmental transactions. UETA provides uniform rules and language used by several states. The bill repeals existing Virginia laws on electronic signatures and electronic filings but incorporates some of these existing provisions, such as the exemption for the court filings. The bill also makes technical amendments through out the Code to conform to the provisions of UETA. The bill is a recommendation of the Joint Commission on Technology and Science.

Patron - May

P HB561

Uniform Computer Information Transactions Act. Creates the Uniform Computer Information Transactions Act (UCITA). The UCITA was promulgated by the National Conference of Commissioners on Uniform State Laws. Modeled after the Uniform Commercial Code, Article 2, the UCITA is designed to govern transactions of computer information. The bill also directs the Joint Committee on Technology and Science to study the impact of the UCITA on businesses in the state and report its findings to the Governor and General Assembly by December 1, 2000. The UCITA will become effective July 1, 2001. This bill is a recommendation of the Joint Commission on Technology and Science.

Patron - May

P HB778

Enterprise zone act. Authorizes the establishment of one noncontiguous zone area for a joint enterprise zone formed between two or more localities. Currently, a locality may have three distinct enterprise zones, though one of these zones may consist of two non-contiguous "sub-zone" areas. This bill will allow an enterprise zone that is a joint zone to have separate sub-zones for each of the participating jurisdictions. The noncontiguous zone areas are not considered as separate zones in calculating the maximum number of zones permitted under the enterprise zone program. The bill has an emergency clause.

Patron - Tate

P HB861

Virginia Racing Commission; steeplechase licenses. Authorizes the Virginia Racing Commission to issue a license to an owner or operator of a steeplechase facility for the purpose of conducting pari-mutuel wagering at the licensed steeplechase facility where (i) the steeplechase facility has been sanctioned by the Virginia Steeplechase Association and (ii) the owner or operator of the facility is a nonprofit civic association or local association of employees under § 501 (c) (4) of the Internal Revenue Code. Currently, the Commission may issue such a license if the facility is sanctioned by the National Steeplechase Association and the owner or operator of the facility is exempt from taxation under § 501 (c) (3) of the Internal Revenue Code.

Patron - May

P HB1162

Virginia Racing Commission; powers; live racing days. Extends the Virginia Racing Commission's authority to alter the number of live racing days (set in statute as 150 days) from five to six years.

Patron - Albo

P HB1540

Virginia Racing Commission. Provides that regulations of the Virginia Racing Commission (VRC) relating to the promulgation of technical rules regulating actual live horse racing at race meetings licensed by the Commission are exempt from the Administrative Process Act. The bill also authorizes the VRC to (i) waive the requirements for fingerprints and background investigations for permit holders participating in (a) horse racing in non-secure areas or (b) non-racing activities; (ii) accept a letter of credit from licensees; and (iii) waive the permit requirement for any person who possesses a valid permit or license to participate in the conduct of horse racing in another racing jurisdiction and participates in horse racing in Virginia on nonconsecutive racing days.

Patron - Reid

P SB281

Enterprise zone act. Authorizes the establishment of one non-contiguous zone area for each jurisdiction participating in a joint enterprise zone area. Currently, a locality may have three distinct enterprise zones, though one of these zones may consist of two non-contiguous "sub-zone" areas. This bill will allow an enterprise zone that is a joint zone to have separate sub-zones for each of the participating jurisdictions. The noncontiguous zone areas are not considered as separate zones in calculating the maximum number of zones permitted under the enterprise zone program. This bill has an emergency clause.

Patron - Marye

P SB372

Uniform Computer Information Transactions Act. Creates the Uniform Computer Information Transactions Act (UCITA). The UCITA was promulgated by the National Conference of Commissioners on Uniform State Laws. Modeled after the Uniform Commercial Code, Article 2, the UCITA is designed to govern transactions of computer information. This bill is a recommendation of the Joint Commission on Technology and Science. The Joint Committee on Technology and Science is directed to study the impact of the act and report its findings to the Governor and General Assembly by December 1, 2000. The UCITA will become effective July 1, 2001.

Patron - Schrock

P SB374

Enterprise zone act. Increases the maximum number of enterprise zone designations from 55 to 60. Five of the areas designated as enterprise zones on or after July 1, 2000, must be in localities with unemployment rates that are 50 percent higher than the statewide average.

Patron - Wampler

P SB582

Motor fuels; direct fueling of commercial vehicles. Permits the dispensing of diesel fuel into a commercial vehicle from a tank vehicle on the premises of a commercial, industrial, governmental or manufacturing establishment, provided: (i) the highway vehicle is used in connection with the business or function of the establishment; (ii) the owner of the tank vehicle complies with all requirements pertaining to the collection and payment of taxes on diesel fuel; (iii) the owner complies with the weights and measures laws, (iv) each delivery is metered and recorded and the customer is provided an invoice or delivery ticket; (v) the tank vehicle is designed, equipped and operated to prevent spills during fueling operations and to minimize spillage in the event of operator error or equipment malfunction; (vi) the owner of the tank vehicle has in place a contingency plan for the cleanup of spills occurring during fueling operations, and (vii) the owner is licensed in Virginia as a distributor. The measure will become effective January 1, 2001.

Patron - Hawkins

P SB598

Live Horseracing Compact. Establishes the compact and creates the Compact Committee, to which the Governor will appoint one member. Among other things, the purpose of the compact is to establish uniform requirements among the party states for licensing participants in live horse racing with pari-mutuel wagering and facilitating the growth of the horse industry in each party state through simplifying the process for participants in live racing and reducing cost and duplication involved with separate licensing in each state conducting live racing. The Committee is authorized to determining license categories and issue licenses to participants in live horse racing.

Patron - Stolle

P SB599

Racing Commission; suspension or revocation of license. Authorizes the Racing Commission to summarily suspend any license for up to 90 days pending a hearing if the Commission determines the action is required to protect the public health, safety and welfare, including revenues due the Commonwealth, localities and the horsemen's purse account. The Commission is required to schedule the hearing within 14 days of the summary suspension and to provide the licensee with at least five business days' notice of the hearing. The Commission may also revoke a license for the operation of a satellite facility if the licensee fails to conduct assigned live racing days. The bill also sets out the percentage of money required to go to purses from satellite wagering facilities and changes. In addition, the bill provides for up to two percent out the amount in the horsemen's account to be used for paying administrative costs of the horsemen's organization. The bill also changes the distribution of the breakage by providing for 70 percent to be retained by the licensee to be used for capital improvements and 30 percent to the a Racing Benevolence Fund. Under current law, the licensee retains all of the breakage. The bill contains an emergency clause.

Patron - Stolle

F Failed

F HB63

Unsolicited telephonic sales calls. Creates the "Telephone Privacy Act," which (i) requires telephone solicitors to properly identify themselves; (ii) requires the Consumer Affairs Division of the Department of Agriculture and Consumer Services to establish a registry of individuals who do not wish to receive unsolicited telephone calls; (iii) prohibits telephone solicitors from making telephonic sales calls to persons listed on the registry; (iv) requires telephone companies to notify customers about the registry and their rights under this chapter; and (v) authorizes the Board of Agriculture and Consumer Services to prescribe regulations to implement the provisions of the legislation. This bill provides that violations are subject to the enforcement provisions of the Virginia Consumer Protection Act. Listing on the registry requires a one-time $10 registration fee and a $5 annual renewal fee.

Patron - Marshall

F HB121

Enterprise zones. Raises the cumulative credit allowed to a small qualified zone resident in any five-year period from $125,000 to $250,000. This is a recommendation of the Commission on the Condition and Future of Virginia's Cities.

Patron - Moss

F HB411

Unsolicited telephonic sales calls. Creates the Telephone Privacy Act, that (i) requires telephone solicitors to properly identify themselves; (ii) requires the Consumer Affairs Division of the Department of Agriculture and Consumer Services to establish a registry of individuals who do not wish to receive unsolicited telephone calls; (iii) prohibits telephone solicitors from making telephonic sales calls to persons listed on the registry; (iv) requires telephone companies to notify customers about the registry and their rights under this chapter; and (v) authorizes the Virginia Board of Agriculture and Consumer Services to prescribe regulations to implement the provisions of the legislation. This bill provides that violations are subject to the enforcement provisions of the Virginia Consumer Protection Act.

Patron - Grayson

F HB476

Virginia Telephone Solicitation Act. Prohibits telephone solicitors from making telephone solicitations to persons who register with the Consumer Affairs Division of the Department of Agriculture and Consumer Services to be placed on a list of numbers of persons who do not wish to receive telephone solicitations. Listing on the registry requires a $10 registration fee and a $5 annual renewal fee. Telephone solicitors may obtain a copy of the numbers on the list for a $10 annual fee. Violations are subject to the enforcement provisions of the Virginia Consumer Protection Act. Telephone companies are to notify customers about the data base and their rights under this Act.

Patron - Parrish

F HB480

Telephone Conversation Monitoring Privacy Act. Requires any enterprise, prior to recording or monitoring any telephone conversation between its employees or agents and consumers who have placed telephone calls to the enterprise, to disclose to the consumer that the telephone conversation is or may be recorded or monitored. The firm must also give the consumer a reasonable opportunity to conduct his business with the enterprise via telephone without having the telephone conversation recorded or monitored. The requirements apply to telephone calls that are made from and to locations within Virginia. This act does not apply to any recording or monitoring of telephone conversations conducted in connection with any bona fide investigation of criminal activity. A violation is a prohibited practice under the Virginia Consumer Protection Act.

Patron - Watts

F SB13

Consumer protection act; lewd telephone enterprises. Classifies a misrepresentation in an advertisement, telephone directory or other publication about the nature or identity of a lewd telephone enterprise as a prohibited practice under the Consumer Protection Act. A lewd telephone enterprise is a business in which the operator engages in lewd, obscene, vulgar, profane or lascivious language with the caller. Willfully engaging in a prohibited practice is subject to civil penalty of up to $2,500.

Patron - Reynolds

F SB351

Unsolicited telephonic sales calls. Creates the "Freedom From Telemarketing Intrusion Act," which: (i) requires the Consumer Affairs Division of the Department of Agriculture and Consumer Services to establish a registry of individuals who do not wish to receive unsolicited telephone calls; (ii) prohibits telephone solicitors from making telephonic sales calls to persons listed on the registry; (iii) establishes penalties for violating the Act of $500 for the first violation and $1,000 for subsequent violations; and (iv) authorizes the Board of Agriculture and Consumer Services to prescribe regulations to implement the provisions of the legislation.

Patron - Byrne

F SB422

Enterprise zone act. Authorizes the establishment of one noncontiguous zone area for a joint enterprise zone formed between any county with a population between 45,800 and 45,900 and any county with a population between 32,300 and 32,400 (with the population of each county being determined as reported in the 1990 census). Currently, a locality may have three distinct enterprise zones, though one of these zones may consist of two non-contiguous "sub-zone" areas. This bill will allow an enterprise zone that is a joint zone, and which meets the population criteria, to have separate sub-zones for each of the participating jurisdictions. The noncontiguous zone areas are not considered as separate zones in calculating the maximum number of zones permitted under the enterprise zone program.

Patron - Wampler

F SB618

Local telecommunications services. Exempts municipal electric systems from provisions that prevent localities from establishing any department which has authority to offer telecommunications equipment; infrastructure, other than pole or tower attachments; or services, other than intragovernmental radio dispatch or paging systems shared by adjoining localities, for sale or lease to any person or entity other than such locality's departments. Municipal electric systems are given authority to provide computer services, which is defined in § 18.2-152.2 as "computer time or services, including data processing services, Internet services, electronic mail services, electronic message services, or information or data stored in connection therewith."

Patron - Wampler

C Carried Over

C HB543

Racing Commission; satellite facilities; local referendum. Clarifies that the approval of a referendum on one of the two questions that may appear on a local referendum (1. Shall pari-mutuel wagering be permitted in...at a licensed racetrack in accordance with Chapter 29. [§ 59.1-364 et seq.] of Title 59.1 of the Code of Virginia? 2. Shall pari-mutuel wagering be permitted in ... at satellite facilities in accordance with Chapter 29. [§ 59.1-364 et seq.] of Title 59.1 of the Code of Virginia?) shall not be considered approval of both questions. The bill also provides that its provisions are declarative of existing law.

Patron - Marshall

C HB710

Trademarks; actions for infringement against domain names. Provides standards for which a domain name may be transferred to the owner of a trademark in an infringement action and provides for the recovery of attorneys' fees by the domain name registrant if infringement is not proven.

Patron - Plum

C HB711

Trademarks; protection against and remedies for infringement of domain names. Includes Internet domain names in the definition of trademark infringement and provides remedies for such infringement.

Patron - Plum

C HB806

Personal Information Privacy Act; sale or release of certain electronic information prohibited; damages. Requires electronic mail service providers to obtain consent from their subscribers prior to selling or otherwise releasing subscribers' names or electronic mail or message addresses. The bill also requires providers to determine the types or categories of unsolicited electronic mail or messages that the subscriber does not wish to receive. Violations are subject to $100 in damages, plus reasonable attorneys' fees and costs.

Patron - Marshall

C HB989

Telephone solicitation; prohibited act. Prohibits telephone solicitors from using an automatic telephone dialing system in such a way that the telephone call is not immediately connected with a live person, or solicitor. The bill is designed to prohibit a practice where telephone solicitors generate a number of calls at one time, then connect the first answered calls to the available solicitors but terminate the rest of the calls whether answered or not. Placing these provisions in the Virginia Home Solicitation Sales Act ensures that violating this prohibition would constitute a violation of the Virginia Consumer Protection Act and be enforceable by the Attorney General.

Patron - Rhodes

C HB1183

Virginia Consumer Protection Act; definition of "services." Amends the definition of "services" in the Virginia Consumer Protection Act to require that services performed by an agent for the supplier for which costs are transferred must be a non-negotiable element of the transaction. Provides that such non-negotiable charges include destination or shipping charges.

Patron - Reid

C SB602

Virginia Consumers' Financial Privacy Protection Act. Limits the authority of a financial institution to disclose personal information about its customers. No financial institution shall disclose any personal information of any customer without written consent of the consumer, except when necessary to effect a transaction, to protect the institution's confidentiality, to provide information to rating agencies, and to comply with law. Every financial institution must disclose to the consumer its policies and practices regarding maintaining confidentiality, and disclosure, of personal information.

Patron - Byrne