General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>Trade and Commerce


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Trade and Commerce

Passed

P HB 1969

Truth in Music Advertising Act; civil penalty. Makes it unlawful for a person, performer or performing group, or its agent, to advertise or conduct a live musical performance or production in the Commonwealth through the use of an affiliation, connection, or association, known to be false, deceptive or misleading, with intent to defraud the public, between a performing group and a recording group. Violators are subject to a civil penalty of not less than $5,000 nor more than $15,000 per violation.
Patron - Albo

P HB 2417

Enterprise zone real property investment grants. Decreases from 30 to 20 the percentage of a real property investment for which real property investment grants may be awarded. This bill is identical to SB 1057.
Patron - Kilgore

P HB 2626

Virginia Racing Commission; advance deposit account wagering; temporary licenses. Requires the Virginia Racing Commission to adopt regulations concerning the conduct of advance deposit account wagering and authorizes the issuance of temporary licenses to operate advance deposit account wagering under certain circumstances. The bill specifies the distribution of the amounts wagered using advance deposit account wagering. The bill contains an emergency clause and requires the Virginia Racing Commission to adopt emergency regulations to implement the provisions of the bill.
Patron - Reid

P HB 3087

Health spas; comparable alternative facilities. Allows a health spa owner to transfer ownership of a facility and all its contracts to a new owner. A health spa owner remains authorized to close a facility and transfer its contracts to another facility it owns, if the other facility is reasonably of like kind, in nature and quality, and if the other facility is within five miles of the closed facility.
Patron - Suit

P SB 1057

Enterprise zone real property investment grants. Decreases from 30 to 20 the percentage of a real property investment for which real property investment grants may be awarded. This bill is identical to HB 2417.
Patron - Watkins

P SB 1140

Scrap metal processors. Establishes requirements regarding purchases of scrap metal by scrap metal processors. Scrap metal processors shall not purchase nonferrous scrap, metal articles, and proprietary articles directly from a person who is not an authorized scrap seller or its agent without recording the seller's identification information and the time and date of the transaction, the license number of the seller's vehicle, and a description of the items received from the seller, in a permanent ledger. The ledger shall be available for review by law-enforcement officials or conservators of the peace. Scrap metal processors are prohibited from purchasing such objects from persons under age 18. Negligent violations are subject to a civil penalty not to exceed $7,500, and knowing violations are a Class 1 misdemeanor. Materials used in the provision of health care by a licensed professional are exempt.
Patron - Wagner

P SB 1231

Operation of tanning facilities. Requires prospective tanning facility customers to sign a written statement warning of potential dangers. If the prospective customer is under age 15 and not emancipated, the parent or legal guardian must sign the statement every six months. Statements shall be kept at the facility. Facility owners are required to identify each customer's skin type based on the Fitzpatrick scale, and advise customers as to their maximum time of recommended exposure. Tanning devices shall be cleaned or sanitized after each use. Tanning facilities shall not claim that the use of tanning devices is safe, free from risk, or will provide health benefits.
Patron - Howell

P SB 1397

Commercial production of unlawful audio and audio-visual recordings. Clarifies penalty language in the law proscribing the commercial production of unlawful audio and audio-visual recordings.
Patron - McDougle

Failed

F HB 1877

Credit report security freeze; penalties. Authorizes an individual who is a victim of identity theft to freeze access to his credit report. If an identity theft victim has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the identity theft victim's express authorization. The measure provides a means by which an identity theft victim can release his report, permanently, temporarily, or to a specific third party. Certain disclosures are exempt from the freeze. A consumer reporting agency shall not charge a fee for establishing a freeze, removing a freeze, or temporarily lifting a freeze. Violations are a prohibited practice under the Consumer Protection Act.
Patron - Caputo

F HB 2060

Public dissemination of social security numbers. Proscribes under the Personal Information Privacy Act and the Government Data Collection and Dissemination Practices Act the intentional communication to the general public of another's social security number regardless of whether the social security number was obtained from a public record or from a private source. The bill adds a punishment for violation of the Personal Information Privacy Act subjecting a violator to civil penalties of $1,000 per day, with each day being a separate violation.
Patron - McQuigg

F HB 2086

Radio frequency identification devices (RFID); disclosure on consumer goods. Requires the seller of a consumer good containing an RFID tag to conspicuously label the consumer good indicating such fact.
Patron - Eisenberg

F HB 2352

Sale of secondhand articles; penalty. Repeals the requirement that dealers in secondhand building fixtures obtain a permit from the local chief of police or sheriff. The measure also authorizes dealers to keep records and file reports in an electronic format, and requires dealers to make the records available to law-enforcement officials. Law enforcement officers may search for and take possession of missing or stolen items. Violations are made a Class 4 misdemeanor for a first offense and a Class 1 misdemeanor for a second and subsequent offense. The length of time that buyers of certain used equipment are required to keep bills of sale is increased from six months to one year.
Patron - Cosgrove

F HB 2552

Gift certificates. Expands the existing provisions regarding gift certificate disclosures to prohibit the issuer of a gift certificate from charging a maintenance fee, service fee, inactivity fee, or other fee on the gift certificate. Gift certificate issuers are also prohibited from placing an expiration date or otherwise limiting the time for the redemption of a gift certificate and from issuing a gift certificate that diminishes in value over time unless the gift certificate was issued pursuant to an awards or loyalty program where no money or thing of value exchanged or was donated to a charitable organization. The definition of a gift certificate is expanded to include any record that contains a microprocessor chip, magnetic strip, or other storage medium that is prefunded and for which the value is adjusted upon each use. The definition also includes card-activated prepaid long distance telephone service. The measures apply to all issuers of gift certificates in the Commonwealth; currently, the gift certificate disclosure requirements apply only to merchants.
Patron - Ebbin

F HB 2600

Personal information privacy; protection of disposed records; penalty. Requires businesses to take all reasonable measures to protect against unauthorized access to or use of personal information in connection with or after its disposal. Reasonable measures include policies and procedures requiring the burning, pulverizing or shredding of papers containing personal information so that the information cannot be read or reconstructed and the destruction or erasure of electronic media so that the information cannot be read or reconstructed. A violation constitutes a prohibited practice under the Virginia Consumer Protection Act.
Patron - Plum

F HB 2681

Security freezes on credit reports; penalty. Authorizes any consumer to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer's express authorization. The measure provides a means by which a consumer can release his report permanently, temporarily, or to a specific third party. Consumer reporting agencies may charge a consumer up to $20 for each freeze, removal of the freeze, or temporary lift of the freeze. A violation is a prohibited practice under the Consumer Protection Act.
Patron - Frederick

F HB 2804

Identity theft; security freezes. Authorizes an individual who is over the age of 65 to freeze access to his credit report. If such a person has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the person's express authorization. The measure provides a means by which a consumer can release his report permanently, temporarily, or to a specific third party. Consumer reporting agencies may charge a fee not to exceed $20 for each freeze, removal of the freeze, or temporary lift of the freeze. A violation of this measure is a prohibited practice under the Virginia Consumer Protection Act.
Patron - Byron

F HB 2805

Enterprise zone incentive grants. Provides that the Governor shall include in his budget bill an additional appropriation to make full payment on prorated incentive grants awarded in the prior fiscal year. If the additional appropriation is enacted by the General Assembly, those business firms that are still operating the qualifying business in the enterprise zone and that have at least five employees of such business in full-time positions would be eligible for a proportional share of the additional appropriation.
Patron - Byron

F HB 2807

Enterprise zone grants; additional appropriations and method for requests. Allows businesses to apply for additional enterprise zone grant moneys when grant requests exceed original appropriations and additional funds are appropriated by the General Assembly.
Patron - Byron

F HB 2824

Pre-recorded simulcast horse racing; allocations to Commonwealth Transportation Trust Fund. Provides for simulcast of, and wagering on, pre-recorded horse races and further provides that, after payment of prizes, 49% of proceeds from such races shall be distributed to the Commonwealth Transportation Trust Fund.
Patron - Hamilton

F HB 2963

Security freezes on credit reports; penalty. Authorizes any consumer to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report or any information in it without the consumer's express authorization. The measure provides a means by which a consumer may release his report, permanently, temporarily, or to a specific third party. Consumer reporting agencies may charge a consumer up to $10 for each freeze, removal of the freeze, or temporary lift of the freeze; however, no charge shall be assessed to victims of identity theft. A violation is a prohibited practice under the Consumer Protection Act.
Patron - Bell

F HB 3036

Enterprise zone real property investment grants; mixed-use percentage. Changes from 30% to 20% the amount of floor space in a mixed-use building that must be devoted to commercial, office, or industrial use in an enterprise zone. The provisions of the bill would apply to properties placed in service on or after July 1, 2007.
Patron - McClellan

F HB 3056

Credit report security freeze; penalties. Authorizes an individual to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer's express authorization. The measure provides a means by which a consumer can release his report, permanently, temporarily, or to a specific third party. Certain disclosures are exempt from the freeze. A consumer reporting agency may charge a fee of no more than $5 for establishing a freeze, removing a freeze, or temporarily lifting a freeze. Violations are a prohibited practice under the Consumer Protection Act.
Patron - Callahan

F SB 805

Security freezes on credit reports; penalty. Authorizes any consumer to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer's express authorization. The measure provides a means by which a consumer can release his report, permanently, temporarily, or to a specific third party. Consumer reporting agencies may charge a consumer up to $10 for each freeze, removal of the freeze, or temporary lift of the freeze. A violation is a prohibited practice under the Consumer Protection Act.
Patron - Puller

F SB 823

Public dissemination of social security numbers. Proscribes under the Personal Information Privacy Act and the Government Data Collection and Dissemination Practices Act the intentional communication to the general public of another's social security number regardless of whether the social security number was obtained from a public record or from a private source. The bill adds a punishment for violation of the Personal Information Privacy Act subjecting a violator to civil penalties of $1,000 per day, with each day being a separate violation.
Patron - Devolites Davis

F SB 946

Identity theft; security freezes. Authorizes an individual who is under the age of 18, over the age of 65 if living in a nursing facility or other institution, or a veteran to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer's express authorization. The measure provides a means by which a consumer can release his report permanently, temporarily, or to a specific third party. Consumer reporting agencies may charge a consumer up to $10 for each freeze, removal of the freeze, or temporary lift of the freeze. A person violating the requirements is liable to an injured person for the greater of actual damages or $1,000, and reasonable costs and attorney fees.
Patron - Quayle

F SB 1030

Credit report security freeze; penalties. Authorizes an individual to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer's express authorization. The measure provides a means by which a consumer can permanently or temporarily un-freeze his report. Certain disclosures are exempt from the freeze. A consumer reporting agency may charge a fee of no more than $10 for establishing a freeze, removing a freeze, or temporarily lifting a freeze, except that a consumer reporting agency shall not charge a fee to a victim of identity theft. Violations are a prohibited practice under the Consumer Protection Act.
Patron - O'Brien

F SB 1302

Enterprise zone grants; additional appropriations and method for requests. Allows businesses to apply for additional enterprise zone grant moneys when grant requests exceed original appropriations and additional funds are appropriated by the General Assembly.
Patron - Newman

F SB 1410

Recorded simulcast horse racing; allocations to Commonwealth Transportation Trust Fund. Provides for simulcast of and wagering on recorded horse races. The bill also provides for the distribution proceeds after payment of prizes, including 50.5% to be distributed to the Commonwealth Transportation Trust Fund. In addition the bill requires the Virginia Racing Commission to establish regulations prohibiting satellite facilities or unlimited licensed racetracks not under common majority ownership to operate within 75 miles of one another.
Patron - Norment

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>Trade and Commerce

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