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									                                         2004 Bills

HB 4 Estate tax; conformity of state and federal statutes Estate tax. Robert
Tata Conforms the amount of Virginia estate tax due from an estate to the maximum
amount of the federal estate tax credit for state estate taxes, as permitted under federal
estate tax law, as such law shall be amended from time to time. Position – Support
02/11/04 Senate: Referred to Committee on Finance

HB 17 Motor fuels tax; changes in reporting and payment requirements.
Harry J. Parrish Makes several technical corrections, adds new civil penalties for
persons failing to submit reports and data required under the fuels tax laws, and allows a
jeopardy assessment against any licensed distributor or importer who fails to pay the tax
due the supplier. Position – Monitor 02/17/04 Senate: Referred to Committee on Finance

HB 33 Tobacco products; tax increased, revenue deposited Health Care
Trust. Phillip A. Hamilton Tobacco Products Tax; Health Care Revenue Act of 2004.
Allows the Commonwealth to impose a tax on all tobacco products (cigarettes, cigars,
snuff, chewing tobacco, and smoking tobacco) at the rate of 50 cents per pack or package
and 5 cents per cigar and the bill allows all localities to impose a local option tobacco
products tax at a rate not to exceed 25 cents per pack or package and 3 cents per cigar.
Position – Oppose DEAD

HB 60 Motor fuels; tax increase. Harry J. Parrish Increases the tax on gasoline,
diesel fuel, and alternative fuel by six and one-half cents per gallon, increases the motor
carrier road tax by an equivalent of six and one-half cents per gallon of fuel used in the
Commonwealth, and increases the alternative use fee for certain motor carriers from $100
to $150 (the fee is an alternative to paying the motor carrier road tax). The revenue
generated is used for transportation purposes as required by existing law. Position –
Oppose as Drafted DEAD

HB 72 Cigarette tax; rate increase. Gary A. Reese Increases the state cigarette
tax from two and one-half cents per pack to 50 cents per pack, and dedicates all
additional revenue to the Standards of Quality. Position – Oppose DEAD

HB 74 Cigarette tax; counties. Gary A. Reese Authorizes any county to impose a
local cigarette tax not to exceed 50 cents per pack. All revenue collected from such tax
must be used as an offset to the county's real estate tax rate. Position – Oppose DEAD

HB 91 BPOL; license fees, rates and requirements. James M. Shuler Requires
localities that impose the BPOL tax to (i) eliminate license fees by January 1, 2006, (ii)
exempt the first $100,000 of gross receipts from taxation by January 1, 2006, and (iii)
reduce the several different rates currently in the Code to a flat rate of 20 cents per $100
of gross receipts for license years beginning on and after January 1, 2006. Position –
Monitor Rolled into HB461
HB 103 Cigarette tax Mitchell Van Yahres Increases the state cigarette tax rate
from two and one-half cents per pack to 60 cents per pack. One-half of the additional
revenue generated by the increase is to be used solely to fund the Virginia Medicaid
Program. The remaining one-half of such revenues is to be distributed to all of the
counties and cities of the Commonwealth based upon the number of school-aged children
in each locality. Position – Oppose DEAD

HB 115 Interstate Route 81; collection of tolls. Robert G. Marshall Requires
VDOT to collect tolls for use of Interstate Route 81 (I-81) by trucks, tractor trucks, and
combination vehicles. The amount of the toll is to be set by the Commonwealth
Transportation Board. Proceeds from the toll collections are to be paid to the Department
of Rail and Public Transportation to finance improvements to Virginia's rail infrastructure
so that cargo shipments can be shifted from trucks to trains. Position – Monitor DEAD

HB 142 ABC stores; retail franchising. Allen L. Louderback Provides for the
granting of retail franchises by the ABC Board for the sale of spirits, vermouth, and
mixers by retail franchisees. Mixed beverage licensees may purchase alcoholic beverages
from the retail franchisees. The bill provides that no new government stores may be
owned or operated by the ABC Board on or after July 1, 2004. Position – Oppose as
Drafted 02/10/04 House: Continued to 2005 in General Laws (11-Y 8-N)

HB 146 Motor fuel tax; additional imposition in certain transportation
districts. Robert D. Orrock, Sr. Imposes a two percent sales tax on motor fuels in all
the cities and counties within any transportation district created pursuant to § 15.2-4504
of which the City of Fredericksburg, and the Counties of Caroline and Spotsylvania are
part of the membership. Position – Oppose 02/17/04 House: VOTE: DEFEATED (37-Y
63-N)

HB 170 Store coupons; penalty for forging, uttering, etc. Thomas C. Wright,
Jr. Provides that any person who forges a discount coupon that entitles the holder to a
discount or rebate on merchandise or services, to the prejudice of another's right, or
utters, or attempts to employ as true, a forged coupon, knowing it to be forged, is guilty
of a Class 1 misdemeanor. Position – Support 02/18/04 Senate: Continued to 2005 in
Courts of Justice (15-Y 0-N)

HB 175 Estate tax; exemptions for closely held businesses or working
farms. Viola O. Baskerville Removes the estate tax from those estates (i) valued at
$10 million or less, or (ii) of which a majority of the assets are an interest in a closely
held business or working farm. Position – Support DEAD

HB 256 Gift cards and gift certificates; disclosures of rules for issuance.
Dwight Clinton Jones Requires a supplier that sells gift cards or gift certificates to
consumers to provide a disclosure of its policies related thereto to consumers by means of
a sign placed in a conspicuous public area of the premises of the supplier, so as to be
readily noticeable and readable by the consumer. The disclosure shall include the
conditions, charges, or fees relating to the gift card or gift certificate, including but not
limited to any expiration date, diminution in value over time, or up-front fees. Failure to
provide the disclosure is a violation of the Virginia Consumer Protection Act. Position –
Oppose DEAD
HB 283 Itinerant merchants; regulation. John A. Cosgrove Requires itinerant
merchants to be licensed by the locality in which they conduct business in order to
display, offer for sale, or sell new merchandise to the public. The bill also requires
itinerant merchants to maintain certain records regarding new merchandise and authorizes
law-enforcement officers to take possession of such merchandise under certain
circumstances. Under the bill, violations of the chapter are punishable as Class 4
misdemeanors except that any person engaging in the business of an itinerant merchant
without the required license is guilty of a Class 1 misdemeanor and any itinerant
merchant improperly selling infant formula, baby formula or nonprescription drugs is
guilty of a Class 3 misdemeanor. Position – Support 02/18/04 Senate: Reported from
General Laws (14-Y 0-N)

HB 428 Motor fuel tax. Vivian E. Watts Increases the tax on gasoline, diesel fuel,
and alternative fuel by six and one-half cents per gallon, increases the motor carrier road
tax by an equivalent of six and one-half cents per gallon of fuel used in the
Commonwealth, and increases the alternative use fee for certain motor carriers from $100
to $150 (the fee is an alternative to paying the motor carrier road tax). All motor fuels
taxes will be indexed annually beginning January 1, 2005, by an amount equal to the
percentage change in the U.S. Department of Labor's Producer Price Index for Highway
and Street Construction. The revenue generated is used for transportation purposes as
required by existing law. Position – Oppose DEAD

HB 431 Weights and measures; inspection. David B. Albo Requires the
Commissioner of the Department of Agriculture and Consumer Services to inspect and
test all weights and measures kept, offered, or exposed for sale on a periodic basis, as he
deems necessary and to investigate complaints concerning violations of laws regarding
weights and measures within 30 days. Currently, the Commissioner may inspect and test
all weights and measures annually, or less frequently if in accordance with a schedule
issued by the Board of Agriculture and Consumer Services, or more frequently if he
deems necessary. At present, there is no requirement for the Commissioner to begin his
investigation of a complaint within a set period of time. Position – Support DEAD

HB 440 Oil discharge plans. Terrie L. Suit Provides operators of tank vessels with
options regarding the types of oil discharge contingency plans and financial responsibility
mechanisms that have to be submitted to operate in Virginia waters. Under current law,
an oil discharge contingency plan has to be filed and approved by the State Water Control
Board and the operator of the tank vessel has to also deposit, with the Board, cash or its
equivalent in the amount of $500 per gross ton of such vessel to assure against any
environmental damage. This bill would allow the operator the option of submitting a U.S
Coast Guard-approved vessel response plan in place of the state-required contingency
plan, and meet the financial assurance requirement by having a U.S. Coast Guard-
approved Certificate of Financial Responsibility. Position – Monitor 01/27/04 Senate:
Referred to Committee on Agriculture, Conservation & Nat.
HB 451 Fire Prevention Code; enforcement. Michele B. McQuigg Statewide
Clarifies that the State Fire Marshal may establish procedures for the enforcement and
administration of the Statewide Fire Prevention Code (Code) in jurisdictions that do not
enforce the Code at the local level. In addition, the bill authorizes the State Fire Marshal,
subject to the approval of the Board of Housing and Community Development, to recover
enforcement and administration costs in those jurisdictions for which he serves as the
enforcement authority. Position – Monitor 02/04/04 Senate: Referred to Committee on
General Laws

HB 461 BPOL tax. Thelma Drake Makes several changes to the BPOL tax including
(i) disallowing any tax to be levied on the first $100,000 or $50,000 (depending on the
locality's population) of gross receipts; (ii) lowering the rate on each of the four
categories by five cents; (iii) allowing only a $25 fee rather than $50, for businesses that
start up in the last six months of a taxable year; and (iv) allowing all businesses,
professions and occupations subject to the BPOL tax to collect the tax from the purchaser
of the item or service. These changes are effective for taxable years beginning on or after
January 1, 2005. Position – Support DEAD

HB 516 Commercial Motor Vehicle Safety; Hours of Service Robert D.
Orrock, Sr. Allows exemption to hours of service regulations for carriers responding to a
loss of utility service. Such exemption shall expire if the Secretary of the United States
Department of Transportation determines that the exemption is in conflict with the intent
of the Federal Motor Carrier Safety Regulations. Position – Support Passed House and
Senate

HB 531 Sales and use tax; increase for education and transportation. Jackie
T. Stump Increases the state portion of the sales and use tax from 3.5 percent to 5.5
percent with (i) one-half of the additional revenues generated to be used solely to fund
the Standards of Quality for public education, and (ii) the remaining one-half of such
revenues to be deposited into the Transportation Trust Fund and used solely for
transportation purposes. Position – Monitor DEAD

HB 567 Alcoholic beverage control (ABC); operation of government stores.
David B. Albo Provides an exception to the general rule that ABC stores are not to be
open on Sunday. The bill provides that certain government stores, as determined by the
Board, may be kept open on Sunday for the sale of alcoholic beverages during hours
designated by the Board. The bill requires the Board to adopt regulations to implement
the provisions of the bill. Position – Monitor DEAD

HB 582 Sales tax on food for human consumption. Phillip A. Hamilton
Reduces the state portion of the sales tax on food for human consumption from three
percent to 1.5 percent with the revenue from the tax to be distributed as follows: (i) the
revenue from the tax at the rate of one-half percent shall be distributed to the
Transportation Trust Fund, and (ii) the revenue from the tax at the rate of one percent
shall be distributed to localities based on school-aged population. Position – Monitor
DEAD
HB 592 Failing to pay for motor fuel; penalty. William R. Janis Provides that
any person who intentionally drives away without paying for motor fuel is guilty of
larceny. Currently, it is a $100 civil penalty. The bill also provides that the driver's
license of such person shall be suspended, as opposed to the current discretionary
provision. Position – Support 02/13/04 Senate: Referred to Committee on Transportation

HB 686 Anti-price gouging. Melanie L. Rapp Adds a new chapter to Title 59.1
titled "Virginia Post-Disaster Anti-Price Gouging Act." The bill prohibits price gouging
by suppliers selling, leasing, or licensing, or offering to sell, lease, or license, necessary
goods and services during times of disaster. A time of disaster is the period of time in
which a declaration of a state of emergency by the Governor or the President of the
United States is in effect, or 30 days after the occurrence of the event that constitutes the
disaster, whichever is shorter. Position – Seek to Amend 02/16/04 Senate: Referred to
Committee on Commerce and Labor

HB 694 Biodiesel fuel; minimum content. Harvey B. Morgan Requires all diesel
fuel sold or offered for sale in the Commonwealth for use in internal combustion engines
to contain 2.0 percent biodiesel fuel by volume. "Biodiesel fuel" is a renewable,
biodegradable, mono-alkyl ester combustible liquid fluid fuel from agricultural plant oils
or animal fats, that meets American Society for testing and Materials Specification
D6751-02 for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels. Position – Oppose
02/12/04 House: Continued to 2005 in Commerce and Labor (22-Y 0-N)

HB 766 Inspections of food stores. Robert Hurt Exempts establishments that do
not prepare or serve food and sell only food and beverages sealed in packaging by the
manufacturer from inspection by the Department of Agriculture and Consumer Services.
Position – Support 02/03/04 Senate: Referred to Committee on Agriculture,
Conservation & Nat.

HB 773 Failing to pay for motor fuel; penalty. Ryan T. McDougle Provides
that any person who drives away without paying for motor fuel is guilty of larceny.
Currently, there is a $100 civil penalty for such a violation. The bill also provides that the
driver's license of such person shall be suspended for at least 60 days, as opposed to the
current discretionary 30 days. Position – Support Rolled into HB492

HB 784 Department of Agriculture and Consumer Services; Department
of Health; adopt Michele B. McQuigg Clarifies that the provisions of the
Administrative Process Act do not apply to the adoption, amendment or repeal of any
regulations by the Boards of Agriculture and Consumer Services and Health that are
based on any supplement or more recent edition of the Food and Drug Administration's
Food Code. The Boards of Agriculture and Consumer Services and Health are still
required to publish an opportunity for public comment prior to adopting, amending or
repealing these regulations. Position – Support 02/05/04 Senate: Referred to Committee
on Agriculture, Conservation & Nat.

HB 788 Retail Sales & Use Tax Act; renamed Streamlined Sales & Use
Tax Act Vivian E. Watts Conforms the Commonwealth's sales and use tax laws to the
provisions of the Streamlined Sales and Use Tax Agreement. Position – Monitor
02/13/04 House: Continued to 2005 in Finance (16-Y 4-N)
HB 793 Cigarettes; tax increased. Vivian E. Watts Increases the state cigarette tax
from two and one-half cents per pack to 25 cents per pack, and authorizes all counties,
cities, and towns to impose a cigarette tax not to exceed the greater of 50 cents per pack
or the rate that was in effect in the locality on January 1, 2004. Position - Oppose DEAD

HB 802 Local cigarette tax. J. Chapman Petersen Gives counties the same
authority as cities and towns to impose a cigarette tax. Position – Oppose DEAD

HB 862 Cigarettes; affixing stamps thereto, reporting requirements. R. Lee
Ware, Jr. Amends several of the current statutory procedures relating to the sale of
cigarettes. The bill requires persons affixing Virginia revenue stamps to cigarettes to
report monthly to the Department of Taxation on the number of revenue stamps affixed
by such person by quantity of brand. The bill makes it unlawful for any person to
purchase, possess, or affix Virginia revenue stamps without first obtaining a permit from
the Department. The bill increases the current penalties for the failure to affix Virginia
revenue stamps. Effective July 1, 2005, the bill eliminates the current discount allowed to
dealers on the purchase of Virginia revenue stamps. Position – Monitor 02/19/04 Senate:
Referred to Committee on Finance

HB 885 Motor fuel tax. Kenneth R. Plum Increases the tax on gasoline, diesel fuel,
and alternative fuel by six cents per gallon; increases the motor carrier road tax by an
equivalent of six cents per gallon of fuel used in the Commonwealth; and increases the
alternative use fee for certain motor carriers from $100 to $150 (the fee is an alternative
to paying the motor carrier road tax). The revenue generated is used for transportation
purposes as required by existing law. Position – Oppose DEAD

HB 886 Cigarette tax Kenneth R. Plum Increases the state cigarette tax rate from
two and one-half cents per pack to 50 cents per pack, and caps local cigarette taxes at the
rates in effect on January 1, 2004. The additional revenue generated by the increase in the
state tax rate is to be used solely to fund the Virginia Medicaid Program. Position –
Oppose DEAD

HB 906 VDOT highway logo sign program. Leo C. Wardrup, Jr. Requires the
Virginia Department of Transportation (VDOT) to administer a highway logo sign
program consistent with the requirements of the Manual on Uniform Traffic Control
Devices. VDOT regulations implementing the program must "grandfather" certain
program participants. Position – Monitor DEAD

HB 918 Regulation of restaurants; definition. Clarence E. Phillips Excludes
from the definition of restaurant, and thereby from regulation as a restaurant, convenience
stores or gas stations having 15 or fewer seats at which food is served to the public on the
premises. 02/19/04 Senate: Referred to Committee on Agriculture, Conservation & Nat.
HB 963 Exterior lighting; allows James City Co. to regulate illumination
levels of buildings and property. William K. Barlow Allows James City County to
regulate the maximum upward exterior illumination levels of buildings and property
zoned or used for commercial or business purposes. Such ordinance shall only apply to
lighting installed after the effective date of the ordinance and shall not affect or be
applied to agricultural or silvicultural operations, certain outdoor advertising signs,
temporary VDOT construction or maintenance, utility companies, facilities owned by the
Department of Corrections, lighting regulated by the Uniform Statewide Building Code
or to premise security lighting for certain multi-family residential or commercial office
buildings. The provisions of the bill expire if not acted upon by July 1, 2006. Position –
Oppose 02/05/04 Senate: Referred to Committee on Local Government

HB 971 Anti-price gouging. William K. Barlow Adds a new chapter to Title 59.1
titled "Virginia Post-Disaster Anti-Price Gouging Act." The bill prohibits price gouging
by suppliers selling, leasing, or licensing, or offering to sell, lease, or license, essential
goods and services during times of disaster. A time of disaster is the period of time in
which a declaration of a state of emergency by the Governor is in effect, or 45 days after
the occurrence of the event that constitutes the disaster, whichever is shorter. To
determine whether price gouging has occurred, the following shall be considered: the
actual prices charged by the supplier 10 days prior to the disaster. Position – Seek to
Amend Rolled into HB686

HB 972 State and local cigarette tax. William K. Barlow Authorizes all counties
to impose a cigarette tax not to exceed 50 cents per pack. Position – Oppose DEAD

HB 1027 Lottery. David B. Albo Modifies several provisions of the Virginia Lottery
Law, generally granting to the Department and Director greater latitude and authority in
which to operate the lottery. Among the changes: (i) monthly meetings of the Board are
reduced to a minimum of quarterly meetings, (ii) authority is given to the Director to
entertain mutijurisdictional lottery contracts with other countries or provinces, (iii)
flexibility is given to the Board to determine the types of games qualifying as a lottery,
(iv) clarification is made that the Department is not subject to the Virginia Public
Procurement Act, (v) theft of a lottery ticket or prize is established as a crime, and (vii)
certain notice and venue requirements for assignment of lottery prizes are established.
Position – Monitor 02/09/04 Senate: Referred to Committee on General Laws

HB 1064 Estate tax. Ward L. Armstrong Exempts from the estate tax (i) all estates
where the majority of assets are an interest in a closely held business, including working
farms, and (ii) all estates where the gross estate is worth $10 million or less. Position –
Monitor DEAD

HB 1065 Estate tax. Ward L. Armstrong Exempts from the estate tax all estates
where the majority of assets are an interest in a closely held business, including working
farms. Position – Monitor DEAD
HB 1068 Sales tax on food; reduction. Ward L. Armstrong Reduces the state
portion of the sales tax on food for human consumption (i) to two percent from July 1,
2004, through June 30, 2005; and (ii) to one and one-half percent on and after July 1,
2005, and holds harmless the portion of the state sales tax currently dedicated to the
Transportation Trust Fund and to localities based on school-age population. Position –
Monitor DEAD

HB 1090 Sales and use tax; optional local tax for mass transit. James M.
Scott Authorizes any county or city embraced within the Washington Metropolitan Area
Transit Authority to levy an additional local sales and use tax at a rate of one-half of one
percent with the revenues generated from such tax to be used solely for mass transit
purposes. Position – Monitor DEAD

HB 1134 Estate tax. Robert F. McDonnell Conforms the amount of Virginia estate
tax due from an estate to the maximum amount of the federal estate tax credit for state
estate taxes, as permitted under federal estate tax law, as such law shall be amended from
time to time. Under current law the amount of Virginia estate tax cannot be less than the
federal credit under federal law as such law existed on January 1, 1978. Position –
Support Rolled into HB4

HB 1165 Highway construction; allocation according to motor fuel sales.
Jeffrey M. Frederick Provides for quarterly reports to the Commonwealth
Transportation Board (CTB) by retail sellers of motor fuels. Such reports shall include
the quantities of motor fuels sold at retail and the locality in which they were sold. This
data can be transmitted to the CTB either by mail (on a form no larger than a standard
post card) or via Internet. This data will be used, beginning July 1, 2005, to allocate
primary, urban, and secondary system highway construction funds. Position – Oppose
DEAD

HB 1225 Youth Smoking Penalty Act and Fund; created. Clarke N. Hogan
Establishes the Youth Smoking Penalty Fund to develop and implement programs that
enhance enforcement efforts to identify and prosecute violations of laws prohibiting retail
sales to minors and to enforce access restrictions on minors for the possession or use of
tobacco. Moneys in the Fund shall consist of an annual assessment made by the
Alcoholic Beverage Control Board on each tobacco manufacturer of $1 for every
estimated pack of cigarettes manufactured by such tobacco product manufacturer and
sold to a minor in the Commonwealth. Position – Monitor DEAD

HB 1241 RS & UT; allows dealer to file & pay taxes he collects with local
commissioner of revenue, etc. H. Morgan Griffith Allows a dealer to file and pay
the sales taxes he collects with his local commissioner of the revenue, local treasurer, or
the State Tax Commissioner. Under current law, dealers file only with the State Tax
Commissioner. Position – Monitor 02/19/04 Senate: Referred to Committee on Finance

HB 1399 Income tax, local; imposition in all localities. Adam P. Ebbin
Allows localities to impose a local income tax at a rate of one-tenth of one percent on
Virginia taxable income in excess of $17,000 in order to replace the revenues they would
receive from the sales tax on food, which is eliminated in this bill. Position – Monitor
DEAD
HB 1416 Health insurance; allows for pharmacy of choice. David A. Nutter
Prohibits insurers from imposing upon pharmacies terms or conditions that are not
equally required of all pharmacies in the Commonwealth, whether or not such benefits
are furnished by pharmacists who are nonpreferred providers. The bill also prohibits
insurers from requiring any payment, compensation, or reimbursement structure that
results in, or would tend to result in: (i) discrimination in price or services to be rendered;
or (ii) direct or indirect discrimination by the insurer, where the effect of such
discrimination may be substantially to lessen competition or tend to create a monopoly.
Insurers are also prohibited from directly or indirectly paying or accepting incentives
between or among the insurer, the insurer's pharmacy benefit manager, or a pharmacy in
a manner that would be a violation of state or federal law. Requiring or inducing a person
receiving pharmacy benefits to use a mail order pharmacy for maintenance medications is
also prohibited unless the pharmacy has not agreed to accept reimbursement for such
services at the same rates, terms, and conditions that are applicable to mail order
pharmacies. Position – Monitor 02/10/04 House: Continued to 2005 in Commerce and
Labor (22-Y 0-N)

HB 1418 Water quality improvement fee; imposition. Albert C. Pollard, Jr.
Imposes a $1 per month fee on owners of improved real property having a value of more
than $60,000. The locality will be responsible for collecting the fee and remitting the
funds to the State Treasurer for deposit in the Water Quality Improvement Fund. An
additional $1 per month fee is assessed on such property owners if they are served by a
wastewater treatment facility. The locality can withhold quarterly $10,000 or three
percent of the amount due, whichever is less, to cover its administrative expenses.
Seventy percent of the funds received will be allocated for point source pollution
programs and 30 percent will be used for nonpoint source pollution programs.
Position – Oppose 02/11/04 House: Continued to 2005 in A., C. & N. R. (21-Y 0-N)

HB 1419 Transportation district; created within Charlottesville City and
Albemarle County. Daniel W. Marshall, III Provides for the creation of a local
transportation district within Charlottesville and Albemarle County. Such district could
be used to facilitate the construction of a U.S. Route 29 bypass. Position – Monitor
02/16/04 Senate: Referred to Committee on Transportation

HB 1425 Motor vehicle safety inspection stations; required to carry
personal injury liability insurance. Clarence E. Phillips Requires each motor
vehicle safety station to have personal injury liability insurance in the amount of at least
$500,000 with an insurance company licensed to write such insurance in this
Commonwealth. Position – Monitor 02/11/04 Senate: Referred to Committee on
Transportation

HB 1428 Cigarette tax; nonparticipating manufacturers' fee on cigarettes.
Allen L. Louderback Imposes a fee of 15 mills per cigarette ($0.30 per pack) on
cigarette manufacturers that are not participating in the Master Settlement Agreement.
Nonparticipating manufacturers whose cigarettes are being offered for sale in the
Commonwealth must pay the fee within 30 days after the effective date of the legislation
while those whose cigarettes are not being offered for sale in the Commonwealth at the
time the legislation take effect must prepay the fee, which will be not less than $50,000.
Position – Monitor DEAD
HB 1448 Wine and beer shippers; fees for licenses. Edward T. Scott
Authorizes the imposition of a local license tax on wine shipper's, beer shipper's and wine
and beer shipper's licenses of not more than $10 per license. The bill also authorizes a
local license tax on farm winery licenses of not more than $50, and decreases the current
local license tax on winery licenses from $1,000 to $50. Position – Monitor 02/16/04
Senate: Referred to Committee on Rehabilitation & Social Services

HB 1450 Petroleum Storage Tank Fund; reimbursements. G. Glenn Oder
Requires that in those instances where third-party claims have been mediated or
adjudicated that the reimbursement sought from the Virginia Storage Tank Fund not
exceed the portion of the settlement that is reasonable and necessary to compensate the
third-party damages caused by the release of petroleum. The State Water Control Board
is given the authority to determine what is reasonable and necessary compensation.
02/16/04 Senate: Referred to Committee on Agriculture, Conservation & Nat.

HB 1455 Health insurance; allows for pharmacy of choice. Clifford L. Athey,
Jr. Prohibits insurers from imposing upon pharmacies nonprice terms or conditions that
are not equally required of all pharmacies in the Commonwealth, whether or not such
benefits are furnished by pharmacists who are nonpreferred providers. Position –
Support 02/10/04 House: Continued to 2005 in Commerce and Labor (22-Y 0-N)

HB 1473 Motor fuels tax; increased, revenue deposited in highway
construction districts. Robert D. Hull Imposes an additional tax on each gallon of
fuel currently taxed under the Virginia Fuels Tax Act at the rate of four percent of the
statewide average retail price per gallon of gasoline, increases the motor carrier road tax
by the same rate, and increases the alternative use fee for certain motor carriers from
$100 to $150. Position – Oppose DEAD

HB 1372 Product liability; exemption for products containing patent
hazards. William R. Janis Exempts manufacturers or sellers from liability for claims
of injury due to voluntary use of a product containing patent hazards, and directly caused
by the patent hazards of that product, where the product is known to be unsafe by the
ordinary consumer who consumes or uses the product with the ordinary knowledge
common to the community. Provides that such product includes (i) food products made
with sugar, butter or hydrogenated oils/transfats, (ii) alcoholic beverages, (iii) tobacco, or
(iv) firearms. Excludes from the exemption actions based on manufacturing defects or
breach of an express warranty. Position – Support 02/19/04 Senate: Referred to
Committee for Courts of Justice

SB 22 Minimum wage; increases. Yvonne B. Miller Increases the state minimum
wage to six dollars and fifty cents from the federal minimum wage set by the Fair Labor
Standards Act. Currently, the federal minimum wage is five dollars and fifteen cents.
Position – Oppose DEAD
SB 74 Tobacco prod.; tax increased, revenue deposited in Health Care
Fund & Local Govt. Janet D. Howell Increases the state cigarette tax from 2.5 cents
per pack to 65 cents per pack (based on 20 cigarettes in a pack). The bill also authorizes
all counties, cities, and towns to impose local cigarette taxes. The maximum local
cigarette tax that may be imposed (i) between July 1, 2004, and July 1, 2005, is 20 cents
per pack; (ii) between July 1, 2005, and July 1, 2006, is 35 cents per pack; and (iii) on or
after July 1, 2006, is 50 cents per pack. Any county, city, or town imposing a local
cigarette tax at a rate higher than these rates prior to December 1, 2003, may continue to
impose the tax at such higher rate but no higher. Position – Oppose Rolled into SB465

SB 147 Taxes, local; authority concerning increase in excise tax on cigs,
adms, transient occupancy, etc. Ken T. Cuccinelli, II Local taxes. Authorizes all
counties to impose excise taxes on cigarettes, admissions, transient room rentals, meals,
and travel campgrounds beginning January 1, 2005, with no cap on the rate of tax,
provided that any county increasing or first imposing any of these taxes on or after
January 1, 2004, shall be subject to limits on the amount of annual revenue that may be
generated from the county's real estate tax. Position – Oppose DEAD

SB 290 Living wage provisions; no local governing body may establish
without approval of Gen. Assembly. Jay O'Brien Provides that no local
governing body may establish "living wage" provisions without approval of the General
Assembly. Any "living wage" ordinance previously adopted by a local governing body
that did not receive the approval of the General Assembly shall be considered void.
Position – Support 02/13/04 Senate: Continued to 2005 in Rules (16-Y 0-N)

SB 345 Commercial driver's license; imposition of additional fees for
hazmat endorsement. Martin E. Williams Authorizes imposition of additional fees
for issuance of any hazmat endorsement, in order to off-set costs incurred as the result of
provisions of the U.S.A. Patriot Act. Position – Monitor 02/19/04 House: Reported from
Tra. (21-Y 0-N)

SB 392 Estate tax. Thomas K. Norment, Jr. Conforms the amount of Virginia estate
tax due from an estate to the maximum amount of the federal estate tax credit for state
estate taxes, as permitted under federal estate tax law, as such law shall be amended from
time to time. Under current law the amount of Virginia estate tax cannot be less than the
federal credit under federal law as such law existed on January 1, 1978. Position –
Support Rolled into SB635

SB 428 Minimum wage; public bodies prohibited from requiring payment
that exceeds minimum standards. Frank W. Wagner Provides that no public
body may require the payment of a minimum wage that exceeds the federal minimum
wage to the employees of an employer, or his subcontractor, contracting to provide goods
or services to the public body. Position – Support

SB 458 Sales tax on motor fuels. Mary Margaret Whipple Increases from two to
four percent the sales tax on fuels in every county or city situated in the Northern
Virginia Transportation District. Position – Oppose 02/19/04 House: Referred to
Committee on Finance
SB 465 Taxation; cigarettes and tobacco products. John H. Chichester Increases the
state excise tax on cigarettes from two and one-half cents to 35 cents per pack and
imposes a 10 percent tax on other tobacco products at the wholesale level. The tax on
other tobacco products is paid monthly through the filing of returns. The bill also
authorizes all counties to impose local cigarette taxes beginning July 1, 2005. The bill
provides for a maximum local cigarette tax rate of 55 cents per pack. Any city or town
that had a higher cigarette tax rate in effect prior to January 1, 2004, is grandfathered to
charge the higher rate. However, the maximum cigarette tax that may be imposed by any
county would be fixed at 10 cents per pack for the period July 1, 2005, through June 30,
2006, and the maximum rate of 55 cents per pack would be phased in over a four-year
period. Position – Oppose Passed Senate

SB 530 Tax reform; changes in provisions for income tax, sales & use tax,
cig. tax, per. prop. tax, etc. Emmett W. Hanger, Jr. The tax plan would (i) increase
the personal exemption amount from $800 to $2,500, and increase the standard deduction amount
to $3,500 for singles and married filing separately and to $7,000 for married filing jointly, and
raise the filing thresholds to $7,000 and $13,000, (ii) make food fully subject to sales and use tax
but provide a refundable tax credit for the sales tax paid on food equal to $40 per person, (iii)
tighten certain corporate income tax provisions, (iv) increase Virginia's state cigarette tax to 30
cents per pack, distribute all state cigarette tax revenues to local governments, and repeal all local
cigarette taxes. Position – Monitor Rolled into SB635

SB 635 Tax reform; changes for income tax, sales and use tax, estate tax,
and local license tax. John H. Chichester Omnibus tax bill. Makes several changes
to the taxes and fees in the Commonwealth. Position – Oppose Passed Senate

SB 643 Local government taxing authority; equalizing powers for all
localities. Richard L. Saslaw Grants the same powers of taxation to counties, cities,
and towns in regard to cigarette, transient occupancy, and admissions taxes effective July
1, 2004. For meals taxes, a county may levy a local meals tax, or levy the tax at a rate
greater than the rate in effect in the county on January 1, 2004, upon the holding of a
public hearing and adoption of such tax by two-thirds vote of the county's governing
body. Position – Oppose 02/12/04 House: Referred to Committee on Finance

SB 649 Master Settlement Agreement; release of escrow funds to cigarette
manufacturers. Phillip P. Puckett Implements uniform language concerning the
release of escrow funds to cigarette manufacturers that are not participating
manufacturers under the Master Settlement Agreement. The bill contains an emergency
clause. Position – Monitor DEAD

SB 659 Sunday closing laws; abolishes "Blue laws." Frederick M. Quayle
Repeals Virginia's "Blue laws." Position – Monitor 02/18/04 House: Reported from
Courts of Justice (20-Y 0-N)
SB 668 Retail Sales and Use Tax; constitutional nexus for imposition.
William C. Mims Provides that a nexus must exist between Virginia and a business
before that business is obligated to collect and remit sales and use taxes to the
Commonwealth. Also grants circuit courts original jurisdiction over civil actions where a
Virginia business seeks a declaratory judgment that the business is not obligated to
collect and remit sales and use taxes to another state. Position – Monitor 02/19/04
House: Referred to Committee for Courts of Justice

SB 675 Cigarette tax; nonparticipating manufacturers' fee on cigarettes.
Phillip P. Puckett Imposes a fee of 15 mills on each cigarette sold or distributed in the
Commonwealth by a nonparticipating manufacturer. The fee shall be collected monthly
by the Department of Taxation from nonparticipating manufacturers. Nonparticipating
manufacturers are required to remit the fee in conjunction with filing a monthly return by
the twentieth of each month stating the number of cigarettes it sold or distributed in the
Commonwealth in the immediately preceding month. Position – Monitor DEAD

								
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