Trade and Commerce Passed HB264 Trademarks. Provides a state system of trademark registration. This bill replaces the current Virginia laws on trademarks, service marks, and case marks with the Model State Trademark Bill, which has been adopted in 46 states. This bill contains the requirements for (i) determining registrability of trademarks, (ii) applying, filing, and issuing a certificate of registration, (iii) renewing a trademark, (iv) assigning a trademark or changing the name of the person for whom the application was filed, (v) recordkeeping and (vi) canceling a registration. All of these functions are performed under the supervision and direction of the State Corporation Commission. The bill requires the State Corporation Commission to establish by regulation a classification of goods and services; provides procedures and remedies for handling fraudulent registration, trademark infringement, and business reputation injury; and retains the Class 2 misdemeanor and Class 6 felony penalties for first and subsequent violations of the trademark infringement provision. The bill also prohibits the infringement of trademarks, tradenames, etc., associated with symbols of the United States and International Olympic Committees. Patron - Clement HB590 Virginia Racing Commission; retainage on pari-mutuel pools. Reapportions the distribution of the retainage for pari-mutuel pools by adding percentage payments to the Virginia-Maryland Regional College of Veterinary Medicine, the Virginia Equine Center Foundation, and the Virginia Horse Industry Board. As a result, the Commonwealth's portion has been reduced by one-quarter percent to allow for distribution to the entities named in the preceding sentence. The bill also defines a "racetrack." The effective date of the bill is July 1, 1999. Patron - Shuler HB838 Purchase of handguns of certain officers. Authorizes any local fire-department to allow any full-time sworn fire marshal who retires with 20 or more years of service or as a result of a service disability to purchase, for one dollar, the service handgun issued to him. Patron - Cantor HB941 Virginia Assistive Technology Device Warranties Act. Creates a "lemon law" for assistive technology devices. Assistive technology devices are mechanical devices and instruments used by disabled individuals to communicate, see, hear or maneuver, e.g., manual wheelchairs, motorized scooters, hearing aids and communications devices for the deaf, talking software, and Braille printers. The bill's key provisions stipulate that in addition to any express manufacturers' warranties otherwise provided, manufacturers of assistive technology devices impliedly warrant, for a period of at least one year following delivery to consumers, that their products are free of defects substantially impairing their value. During this one-year warranty period, consumers may obtain repairs of their assistive technology devices from manufacturers at no charge. If, within the 12-month period following delivery, the devices are (i) subject to repair for the same or related problem three times or (ii) not practically usable for a cumulative total of 30 days with no comparable loaner available, the devices must be replaced within 30 days, or the purchaser refunded his full purchase price (plus collateral costs) within 14 days. The bill prohibits the sale or lease of any device previously returned unless the reason for its return is disclosed to its prospective customer or lessee. A consumer's remedies are not limited to the Act's provisions; he may seek civil relief as well. Consumers are also furnished the option of submitting disputes arising under this act to the Dispute Resolution Unit of the Office of Consumer Affairs. A nearly identical version of this bill was approved by the 1997 Session of the General Assembly, with the proviso that its provisions would not become effective unless reenacted by the 1998 Session of the General Assembly. Patron - Plum HB1276 Virginia Racing Commission; powers; permits. Authorizes the Commission to conduct certain searches of its permit holders and the horses located within the track enclosure. The bill provides that a permit holder irrevocably consents to the authorized search and seizures as a condition of his permit. The bill also authorizes the Commission to make seizures of contraband, documents and records, and to summarily suspend the permit of a person for no more than 90 days where the Commission or its stewards determine the protection of the integrity of horse racing requires emergency action. The bill, however, requires a hearing within 14 business days after the suspension. The bill clarifies when the permit of an employee of a licensee expires. The bill also (i) clarifies that the award of any prize money for any pari-mutuel wager shall not be deemed to be a part of any illegal gaming contract; (ii) adds definitions of dependent, immediate family member, and racetrack; (iii) clarifies the definition of principal stockholder; (iv) requires the Commission to appoint stewards to oversee the conduct of horse racing; (v) makes certain Commission action exempt from the Administrative Process Act; and (vi) reapportions the retainage formula. The bill also contains technical amendments. Patron - Guest SB402 Virginia Assistive Technology Device Warranties Act. Creates a "lemon law" for assistive technology devices. Assistive technology devices are mechanical devices and instruments used by disabled individuals to communicate, see, hear or maneuver, e.g., manual wheelchairs, motorized scooters, hearing aids and communications devices for the deaf, talking software, and Braille printers. The bill's key provisions stipulate that in addition to any express manufacturers' warranties otherwise provided, manufacturers (a term defined in the bill to include authorized dealers, importers and distributors) of assistive technology devices impliedly warrant, for a period of at least one year following delivery to consumers, that their products are free of defects substantially impairing their value. During this one-year warranty period, consumers may obtain repairs of their assistive technology devices from manufacturers at no charge. If, within the 12-month period following delivery, the devices are (i) subject to repair for the same or related problem three times or (ii) not practically usable for a cumulative total of 30 days with no fungible loaner available, the devices must be replaced within 30 days, or the purchaser refunded his full purchase price (plus collateral costs) within 14 days. If the device was leased, the manufacturer must refund all lease payments plus a proportional share of any required deposit. The bill prohibits the sale or lease of any device previously returned unless the reason for its return is disclosed to its prospective customer or lessee. A consumer's remedies are not limited to the Act's provisions; he may seek civil relief as well. Consumers are also furnished the option of submitting disputes arising under this act to the Dispute Resolution Unit of the Office of Consumer Affairs, Division of Consumer Protection. A nearly identical version of this bill was approved by the 1997 Session of the General Assembly, with the proviso that its provisions would not become effective unless reenacted by the 1998 Session of the General Assembly. Patron - Couric SB635 Motor Vehicle Warranty Enforcement Act; leased vehicles. Extends to consumers who lease automobiles those protections contained within the Motor Vehicle Warranty Enforcement Act ("lemon law"). If a leased vehicle is not conformed to any applicable warranty by repairing or correcting any defect, the leased vehicle must be (i) replaced with a comparable vehicle acceptable to the consumer or (ii) returned and a refund given to the consumer and lessor as their interest may appear. In the event of a replacement or refund, the motor vehicle must be returned to the manufacturer and the lease contract terminated without penalty to the consumer. Leased vehicles returned under the lemon law may not be resold or released without providing the consumer with written notice (i) stating that the vehicle was returned and (ii) describing the nature of the defect. Patron - Bolling Failed HB1225 Extended service contracts; motorcycle dealer. Exempts motorcycle dealers from the provisions of the Extended Service Contracts Act. Extended service contract providers subject to the Act (i) must file and maintain a bond or letter of credit in an amount of no less than $10,000, (ii) register with the Commissioner of the Department of Agriculture and Consumer Services (the Commissioner), (iii) produce records upon request of the Commissioner, and (iv) be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act. Patron - Davies SB697 Virginia Racing Commission; revocation of operator's license. Authorizes a county or city to repeal a referendum approving the operation or ownership of a satellite facility. The bill provides the procedures for conducting the referendum. The bill further provides that if a majority of the voters vote no, no new or additional satellite facilities shall be licensed in the county or city, and the license of any satellite facility in the county or city shall be revoked by the Virginia Racing Commission. Patron - Forbes Carried Over HB53 Enterprise zone designations. Increases the number of allowable enterprise zones from 50 to 65 and requires an enterprise zone designation be granted to Caroline County within thirty days after its effective date, July 1, 1998. Patron - Morgan HB616 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. Patron - Parrish HB800 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. Patron - Grayson HB866 Gender Equity Act. Provides that no business establishment of any kind may discriminate, with respect to the price charged for services of similar or like kind, against a person because of the person's gender. The bill provides an exception for price differences based specifically upon the amount of time, difficulty, or cost of providing the services. The bill makes violations of the Gender Equity Act a prohibited practice under the Consumer Protection Act. Patron - Keating HB1325 Personal Privacy Information Act; sale or release of certain electronic information prohibited; damages. Requires providers of electronic mail or message services 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 those types or categories of unsolicited electronic mail or messages the subscriber does not wish to receive. Violations are subject to $100 in damages, plus reasonable attorney's fees and costs. Patron - Marshall HB1368 Alcoholic beverage control; Prevention of Youth Access to Tobacco Act. Requires any person who engages in the retail sale of tobacco products over the counter or through any vending machines to be licensed by the ABC Board. The bill prohibits the sale of tobacco products to any person less than 18 years of age and specifies the conditions under which licensed retailers may sell tobacco products generally. The bill also prohibits the purchase or possession of tobacco products by persons under the age of 18 years, except under limited circumstances. The bill provides for civil penalties for violations. Patron - Almand HB1402 Information infrastructure providers; restrictions on use of services; penalty. Provides that any person who, as a registered or trial subscriber to or as an authorized user of an information infrastructure service furnished to the general public, utilizes a provider's service and knowingly breaches or violates any express content or utilization restriction thereof (i) which such provider has placed on the use of such service and (ii) for which such person has received notice prior to utilizing such service shall, for each breach or violation, be liable in liquidated damages of $500 to such provider, or for actual damages, whichever amount is greater. Patron - Marshall SB513 Enterprise zones; designation. Allows a locality to make written application for an additional noncontiguous enterprise zone when such locality has an enterprise zone that lies in part in an adjoining jurisdiction. The size of the enterprise zone will consist of the total of the noncontiguous zone areas. Patron - Marsh SB522 Trademarks; Olympic Committees. Includes all marks of the United States or International Olympic Committees within the definition of the term trademark, thereby assuring protection under state law. Patron - Colgan SB708 Virginia Racing Commission. Adds the definitions of "racetrack." "Racetrack" means an outdoor horse-racing course that includes at least one building or structure adjacent or appurtenant thereto which is permanently affixed to the real estate and for which a final certificate of occupancy has been issued by the local building official. A similar definition was previously enacted by Chapter 915 of the 1996 Acts of Assembly, which, by the provisions of that chapter, expired on July 1, 1997. The bill also requires the Commission to revoke the current licenses for off-track betting (OTB) facilities until the final certificate of occupancy has been issued for the racetrack by the local building official. Patron - Stolle < PREVIOUS | CONTENTS | NEXT >