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Trade and Commerce

P Passed

P HB1616

Home solicitation contracts. Makes grammatical corrections to the section.
Patron - Howell

P HB1845

Racing Commission; satellite facilities; local referendum. Restates the referendum questions that may appear on a local referendum. 1. Shall pari-mutuel wagering be permitted at a licensed racetrack in ... (name of county or city) on live horseracing at, and on simulcast horse racing transmitted from another jurisdiction to, the licensed racetrack on such days as may be approved by the Virginia Racing Commission 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?
Patron - Marshall

P HB2061

Trade and commerce; septic system inspectors; penalty. Sets minimum requirements for a person to use the title "accredited septic system inspector." The bill limits its application to septic systems involving onsite, residential disposal of sewage when sewers or sewerage facilities are not available and includes septic tanks, septic tank lines and drainage fields or other onsite, residential sewage systems. The bill provides that a violation of this law shall constitute a Class 3 misdemeanor. The bill has a delayed effective date of July 1, 2002.
Patron - McQuigg

P HB2387

Uniform Computer Information Transactions Act; consumer protection. Makes several amendments to the Uniform Computer Information Transactions Act (UCITA) (§ 59.1-501.1 et seq.) and the Virginia Consumer Protection Act (VCPA) (§ 59.1-196 et seq.). The bill changes UCITA's references to other laws or rules to other statutes, administrative rules, regulations or procedures where applicable. The bill also changes references to the VCPA to other consumer protection statutes, administrative rules or regulations including, but not limited to, the VCPA. The bill provides that a mass-market license may be transferred if such transfer involves making a gift or donation of a computer along with mass-market software to a public school, a public library, a charity or a consumer. The bill amends the definition of "goods" as used in the VCPA to include "computer information" and "informational rights" as defined in UCITA.
Patron - Clement

P HB2411

Uniform Electronic Transactions Act; technical amendments. Makes two technical amendments to the Uniform Electronic Transactions Act (UETA) (§ 59.1-479 et seq.). The predecessor electronic signatures and records law, Chapter 39 (§ 59.1-467 et seq.) of Title 59.1, repealed in 2000, had excluded electronic filing with the courts from its scope to protect the autonomy and integrity of the courts. Instead, Article 4 (§ 17.1-255 et seq.) of Chapter 2 of Title 17.1 had provided that the courts were to follow the rules adopted by the Supreme Court of Virginia regarding electronic filing. When the 2000 General Assembly adopted UETA, the General Assembly retained the exclusion for the courts. However, the 2000 General Assembly also enacted legislation that modified Article 4 of Chapter 2 of Title 17.1 to provide that electronic filing with the courts must meet the requirements set out under UETA. Thus a conflict was created in that one section of the Code of Virginia excludes the court filings from UETA and another section of the Code of Virginia requires electronic filings with the courts to be in accordance with UETA. The bill remedies this conflict by deleting the court filing exclusion from UETA. In addition, several provisions of UETA refer to Title 8.9 of the Code of Virginia. The 2000 General Assembly enacted legislation that would repeal Title 8.9 and replace it with new Title 8.9A effective July 1, 2001. The bill amends the cross-references from Title 8.9 to Title 8.9A.
Patron - May

P HB2412

Uniform Computer Information Transactions Act. Amends several provisions of the Uniform Computer Information Transactions Act (UCITA) to clarify the definitions of "electronic agent" and "mass-market transaction"; modify UCITA's scope over motion pictures and online service providers; clarify the applicability of other statutes, rules and regulations; provide that a contract term that specifies a judicial forum must be expressly stated, and in a mass-market transaction, such contract term must be expressly and conspicuously stated; modify the terms of mass-market licenses; create a special rule for using standard form licenses with nonprofit libraries, archives, and educational institutions; modify the terms governing transferability; clarifies the definition of automatic restraint; and modify the restrictions on use of electronic self-help.
Patron - May

P HB2427

Virginia Telephone Privacy Protection Act. Creates the Telephone Privacy Protection Act, which (i) prohibits telephone solicitation calls to residences at any time other than between 8:00 a.m. and 9:00 p.m.; (ii) requires telephone solicitors to identify themselves; (iii) prohibits telephone solicitors from intentionally blocking caller identification services; (iv) prohibits telephone solicitors from calling a telephone number when a person at such telephone number has stated that he does not wish to receive solicitation calls by or on behalf of the entity for whom the call is being made; (v) authorizes the Commissioner of the Department of Agriculture and Consumer Services to inquire into possible violations and authorizes the Attorney General to issue civil investigative demands; (vi) permits individuals to sue to enjoin violations, recover damages in the amount of $500 per violation, or up to $1,500 for willful violations, and recover attorneys' fees and court costs; and (vii) permits the Attorney General, attorney for the Commonwealth, and attorneys for any municipality to sue to enjoin violations, recover damages for aggrieved persons in the amount of $500 per violation, recover a civil penalty of up to $1,000 for each willful violation, and recover attorneys' fees and expenses. This bill is identical to SB 1295 and incorporates HB 2812.
Patron - Suit

P SB1017

Virginia Consumer Protection Act; computer information. The bill amends the definition of (i) "consumer transaction" to include license, (ii) "goods" to include computer information and informational rights, (iii) "services" to include electronic access to information system, and (iv) "supplier" to include licensors of computer information.
Patron - Newman

P SB1109

Semiconductor Manufacturing Performance Grant Programs. Creates additional grant programs for manufacturers of semiconductor memory or logic wafers. One program provides grants to semiconductor manufacturers for capital investments and job creation within the City of Manassas. The grant amounts are (i) up to $25 million, if $700 million in new capital investments results in the creation of 600 new full-time jobs by January 1, 2003, and (ii) up to an additional $45 million, if an additional $2 billion in new capital investments results in the creation of an additional 1,350 new full-time jobs by January 1, 2007. A second program provides grants to semiconductor manufacturers for capital investments and job creation within the County of Henrico. The grant amounts are (i) up to $15 million, if $1.1 billion in new capital investments results in the creation of a new manufacturing module for the production of a semi-conductor related product and (ii) up to an additional $40 million if 1,400 new full-time jobs are created by January 1, 2005. The capital investments and job creation provided in the bill may not be used to claim any other grants payable to semiconductor manufacturers. The terms for the payment of grants under both programs are to be included in a memorandum of agreement between the Commonwealth and the semi-conductor manufacturer. The Senate Committee on Finance and the House Committees on Appropriations and Finance may review the unsigned memorandum of agreement before any grants are paid.
Patron - Stosch

P SB1295

Virginia Telephone Privacy Protection Act. Creates the Telephone Privacy Protection Act, which (i) prohibits telephone solicitation calls to residences at any time other than between 8:00 a.m. and 9:00 p.m.; (ii) requires telephone solicitors to identify themselves; (iii) prohibits telephone solicitors from intentionally blocking caller identification services; (iv) prohibits telephone solicitors from calling a telephone number when a person at such telephone number has stated that he does not wish to receive solicitation calls by or on behalf of the entity for whom the call is being made; (v) authorizes the Commissioner of the Department of Agriculture and Consumer Services to inquire into possible violations and authorizes the Attorney General to issue civil investigative demands; (vi) permits individuals to sue to enjoin violations, recover damages in the amount of $500 per violation, or up to $1,500 for willful violations, and recover attorneys' fees and court costs; and (vii) permits the Attorney General, attorney for the Commonwealth, and attorney for any municipality to sue to enjoin violations, recover damages for aggrieved persons in the amount of $500 per violation, recover a civil penalty of up to $1,000 for each willful violation, and recover attorney's fees and expenses. This bill is identical to HB 2427.
Patron - Mims

F Failed

F HB1801

Enterprise Zone Act; creation of zones and real property investment tax credit limit. Increases the number of enterprise zones that may be designated from 60 to 70 and provides that any zones designated after July 1, 2001, shall be in localities that do not have an enterprise zone. This bill is identical to HB 2007.
Patron - Diamonstein

F HB2007

Enterprise zones. Increases the number of enterprise zones that may be designated from 60 to 70 and provides that any zones designated after July 1, 2001, shall be in localities that do not have an enterprise zone. This bill is identical to HB 1801.
Patron - Rapp

F HB2156

Telephone solicitation practices. Prohibits a telephone solicitor doing business in Virginia from blocking or otherwise preventing its telephone number and the state from which a telephone solicitation is being placed from being read by a residential subscriber's telephone caller identification device.
Patron - Morgan

F HB2362

Telemarketing; blocking caller ID prohibited. Prohibits sellers from blocking caller ID when engaging in home solicitations by telephone. A violation of this prohibition is a violation of the Virginia Consumer Protection Act.
Patron - Jones, D.C.

F HB2462

Virginia Telephone Solicitation Act. Prohibits telephone solicitors from making telephone solicitations to persons who register with the Office of Consumer Affairs in 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 five-dollar 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 database and their rights under this Act.
Patron - Grayson

F HB2635

Enterprise zones. Designates any town with a population not exceeding 3,500 that is located in a county where an enterprise zone has been designated as a portion of the area of the existing enterprise zone.
Patron - Wright

F HB2643

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 $15 fee for a two-year registration. Telephone solicitors may obtain a copy of the list at no charge. Violations are subject to the enforcement provisions of the Virginia Consumer Protection Act. Telephone companies are to notify customers about the database and their rights under this Act.
Patron - Black

F HB2692

Virginia Prescription Drug Access Act. Establishes a program to reduce retail prescription drug prices by utilizing manufacturer rebates and pharmacy discounts. Drug manufacturers and labelers that sell prescription drugs through any benefit program receiving state funds are required to enter into rebate agreements with the Department of Human Resource Management. The amount of the rebates to be paid by manufacturers and labelers will be negotiated by the Department, and paid into a special fund. The Department is required to use best efforts to obtain an initial rebate amount equal to or greater than any rebate calculated under the state Medicaid program, and by October 2002 to obtain a rebate not less than the amount of any discount or other price reduction provided to the federal government. Participating retail pharmacies that sell prescription drugs covered by a rebate agreement are required to sell drugs at discounted prices determined by the Department based on the rebate agreements, with initial discounted prices taking effect January 1, 2002, and secondary discounted prices by October 1, 2002. The Department will reimburse participating retail pharmacies for discounted prices and professional fees, which start at three dollars per prescription, from the rebate moneys paid and other appropriated sums in the special fund. The Department may contract with third parties to administer components of the Program. The Department is required to establish procedures for the adoption and periodic review of maximum retail prices, and by January 1, 2004, the Department shall determine whether the cost of prescription drugs under the Program is reasonably comparable to the lowest cost paid for the same drugs delivered or dispensed in the Commonwealth. If the average cost for prescription drugs under the Program is not reasonably comparable to the average lowest cost for the same drugs, the Department shall establish maximum retail prices for any or all prescription drugs sold in Virginia, to take effect July 1, 2004. Selling a prescription drug for more than the maximum retail price will be a violation of the Virginia Consumer Protection Act. The bill also prohibits manufacturers, distributors and labelers from profiteering in prescription drugs. Profiteering includes (i) exacting or demanding an unconscionable price; (ii) exacting or demanding prices or terms that lead to any unjust or unreasonable profit; (iii) discriminating unreasonably against any person in the sale or distribution of prescription drugs; or (iv) intentionally preventing, limiting, lessening or restricting the sale or distribution of prescription drugs in retaliation for this law. Violators are subject to a fine of up to $100,000 and litigation costs. Private causes of action are also allowed, and injured persons may recover treble damages for willful violations. Profiteering will also be a prohibited practice under the Consumer Protection Act.
Patron - Welch

F HB2803

Personal Information Privacy Act. Prohibits suppliers from soliciting or obtaining the personal information of any individual without first notifying the individual of the supplier's privacy policy. Such privacy policy shall include the specific purposes for which the supplier may use any personal information, and whether the personal information is sold or disclosed to any third party, or combined with the personal information of any other individuals and sold or disclosed to any third party. Suppliers are required to provide written notice to individuals of any change in the supplier's privacy policy, and are prohibited from using the personal information of any individual who had provided personal information under a former privacy policy for any purpose not contained in such former policy, but included in a subsequent privacy policy, without the written consent of such individual.
Patron - Jones, J.C.

F HB2812

Virginia Telemarketing Privacy Act. Prohibits telephone solicitors from making telephone solicitations to persons who register with the Office of Consumer Affairs in 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, and prohibits persons from marketing or selling lists of residential telephone subscribers who have registered on such list. Listing on the registry requires a five-dollar registration fee and may be renewed annually. Telephone solicitors may obtain a copy of the numbers on the list for a $100 annual fee. Telephone solicitors must identify themselves and on whose behalf they are calling, are prohibited from preventing their number and state from being read by a caller ID device, and are prohibited from making telephone solicitations before 8:00 a.m. and after 9:00 p.m. Violations are subject to the enforcement provisions of the Virginia Consumer Protection Act. Telephone companies are to notify customers about the database and their rights under this Act on each customer's bill or monthly statement. This bill has been incorporated into HB 2427.
Patron - Bolvin

F SB926

F SB971

Consumer credit reporting. Requires consumer reporting agencies to disclose to consumers, upon request, information in the consumers files, the sources of the information, and related data. Consumer reporting agencies shall disclose the information to consumers without charge once in a twelve-month period.
Patron - Couric

F SB999

F SB1130

Enterprise zone real property investment tax credit. Increases the amount of the refundable tax credit to small qualified zone residents in any five-year period from $125,000 to $250,000, provided that at least one-half of the cost of eligible real property improvements made during the five-year period were made in localities that ranked among the top 25 percent of all localities in the Commonwealth in terms of fiscal stress as measured by the rankings of the Commission on Local Government. The bill does not change the maximum amount of tax credits currently made available under the Enterprise Zone Act.
Patron - Marsh

F SB1418

Enterprise zones. Provides that the Governor may approve the designation of one area that does not meet the usual economic criteria within each county and city as an enterprise zone. The Governor is currently limited to 60 such designations and all zones must meet certain economic criteria.
Patron - Norment

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