Legislative Update

Consumer Protection

Bills Committee Last action Date
HB 1422 - Ware - Virginia Consumer Protection Act; prohibited practices, etc. (H) Committee on Commerce and Labor

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0011)02/17/17
notes: Provides that it is a prohibited practice under the Virginia Consumer Protection Act for a supplier to promise to pay or rebate all or any portion of the deductible payable under a consumer's homeowners insurance policy as an inducement to the sale of roofing-related services if the value of such services is less than $1,000. "Roofing-related services" includes the construction, installation, renovation, repair, maintenance, alteration, or waterproofing of a roof, gutter, downspout, or siding. "Promising to pay or rebate" includes (i) granting any allowance or offering any discount, including an allowance or discount in return for displaying a sign or other advertisement at the insured consumer's premises, against the fees to be charged or (ii) paying the insured consumer or any person associated with the property any form of compensation, gift, prize, bonus, coupon, credit, referral fee, or other item of monetary value for any reason pursuant to any agreement or understanding.
HB 1491 - Hope - Background checks; exceptions, sponsored living and shared residential service providers. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0775)04/05/17
notes: Allows a provider licensed by the Department of Behavioral Health and Developmental Services to approve as a sponsored residential service provider or to permit to enter into a shared living arrangement persons who have been convicted of not more than one misdemeanor offense under 18.2-57 or 18.2-57.2, if 10 years have elapsed following the conviction, unless the person committed the offense while employed in a direct care position. The bill also allows a provider to approve a person as a sponsored residential service provider if any adult living in the home of an applicant or any person employed by the applicant to provide services in the home in which sponsored residential services are provided has been convicted of not more than one misdemeanor offense under 18.2-57 or 18.2-57.2, if 10 years have elapsed following the conviction, unless the person committed the offense while employed in a direct care position.
HB 1493 - Hope - Sales draft; definition, credit card offenses, penalty. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0041)02/17/17
notes: Includes within the definition of "sales draft," with regard to offenses relating to credit cards, the electronic form evidencing a purchase of goods, services, or a thing of value. A person convicted of forgery of such a sales draft is guilty of a Class 5 felony.
HB 1505 - Garrett - Perpetual care trust funds; method of distribution. (H) Committee on Health, Welfare and Institutions

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0012)02/17/17
notes: Allows cemetery companies to request the trustee of a perpetual care trust fund to elect a total return distribution method for distributions from the trust. The bill provides that a total return distribution method allows the distribution of an amount not to exceed five percent of the fair market value of the perpetual care trust fund at the close of its preceding fiscal year. The bill contains notice and reporting requirements for the election and implementation of this method to the trustee, Cemetery Board, and commissioner of accounts. The bill sets forth requirements that a trustee using such method must meet, including adoption of a written investment and distribution policy, responsible investment decision making, and monitoring of the trust's fair market value. The bill prohibits a trustee from making distributions from the trust under the total return distribution method if (i) the fair market value of the trust after the distribution would be less than the aggregate of 80 percent of the fair market value of the trust at the close of the preceding fiscal year plus the total contributions made to the trust principal from such date to the date that the method of distribution is elected or (ii) beginning with the third year of using a total return distribution method, a three-year analysis of investment returns and distribution practices indicates insufficient protection of the trust principal. The bill requires the Cemetery Board to review conversions of perpetual care trust fund distribution methods for compliance with the requirements of the bill and allows the Cemetery Board to limit or prohibit conversions to and distributions under the total return distribution method under certain circumstances, including where the trustee or investm
HB 1542 - Kilgore - Home service contract providers; shifts responsibility for regulating to Commissioner of the DACS. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(G) Acts of Assembly Chapter text (CHAP0727)03/24/17
notes: Shifts responsibility for regulating home service contract providers from the State Corporation Commission to the Commissioner of the Department of Agriculture and Consumer Services. The measure provides that home service contracts are not contracts of insurance and are not subject to regulation under the Commonwealth's insurance laws. Home service contracts are agreements to perform the service repair, replacement, or maintenance, or indemnification therefor, with regard to components, parts, appliances, or systems of a residential home property. Providers of such contracts are required to register with the Commissioner, which registration shall not require filing of forms or rate information. Providers are required to maintain a funded reserve account for their obligations under the contracts that is not less than 40 percent of gross consideration received, less claims paid, on the sale of the home service contract for all in-force home service contracts sold in the Commonwealth. Providers are also required to file a bond with the Commissioner. In lieu of the requirements for a reserve account and bond, a provider may demonstrate financial responsibility by filing a copy of a liability insurance policy that covers 100 percent of the provider's home service contract liabilities. The measure includes provisions addressing the adoption of regulations, investigations, production of records, and penalties for violations that are similar to the existing provisions applicable to extended service contract providers. Providers with a net worth in excess of $100 million are exempt from the provisions of the measure.
HB 1546 - Collins - Jurors; confidentiality of name and home address. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0753)03/24/17
notes: Provides that the personal information of a juror impaneled in a criminal case shall be released only to the counsel of record in the case. The bill also provides that the court may, upon the motion of either party or its own motion, and for good cause shown, authorize the disclosure of such personal information subject to any restrictions imposed by the court on further dissemination of such personal information. Under current law, the court may order that disclosure of such juror's personal information be regulated upon a showing of good cause, which includes a likelihood of bribery, tampering, or physical injury to or harassment of a juror if his personal information is disclosed.
HB 1548 - Farrell - Advance directives; admission of person for mental health treatment, capacity determinations. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0456)03/13/17
notes: Amends procedures for advance directives to (i) provide that in cases in which a person has executed an advance directive granting an agent authority to make decisions for the declarant regarding mental health care, including decisions regarding admission to a facility for mental health treatment, the determination that the person is incapable of making an informed decision regarding such care or admission may be made by the attending physician or a psychiatrist, licensed clinical psychologist, licensed psychiatric nurse practitioner, or designee of the local community services board following an in-person examination and (ii) provide that a person's agent may make a health care decision over the protest of the person if, in addition to other factors, at the time the advance directive was made, a licensed physician, licensed clinical psychologist, licensed physician assistant, licensed nurse practitioner, licensed professional counselor, or licensed clinical social worker who was familiar with the person attested in writing that the person was capable of making an informed decision and understood the consequences of the provision. The bill also clarifies that admissions of a person to a facility for mental health treatment by an agent acting pursuant to an advance directive shall be subject to the requirements of 37.2-805.1.
HB 1608 - Leftwich - Uniform Fiduciary Access to Digital Assets Act. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0033)02/17/17
notes: Creates the Uniform Fiduciary Access to Digital Assets Act. The bill allows fiduciaries to manage digital property like computer files, web domains, and virtual currency, and restricts a fiduciary%92s access to electronic communications such as email, text messages, and social media accounts unless the original user consented to such access in a will, trust, power of attorney, or other record. The bill repeals the Privacy Expectation Afterlife and Choices Act, which was enacted in 2015.
HB 1840 - Stolle - Human immunodeficiency virus (HIV); confidentiality of tests, release of information. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0178)02/23/17
notes: Clarifies that information about the results of tests to determine infection with human immunodeficiency virus shall be released only to persons or entities permitted or authorized to obtain protected health information under any applicable federal or state law.

HB 1852 - Gilbert - Concealed handguns; protective orders. (H) Committee on Militia, Police and Public Safety

(S) Committee for Courts of Justice
(H) (67 affirmative votes required to override)04/05/17
notes: Authorizes any person 21 years of age or older who is not prohibited from purchasing, possessing, or transporting a firearm and is protected by an unexpired protective order to carry a concealed handgun for 45 days after the protective order was issued. The bill provides that if the person issued the protective order applies for a concealed handgun permit during such 45-day period, such person will be authorized to carry a concealed handgun for an additional 45 days and be given a copy of the certified application, which shall serve as a de facto concealed handgun permit. The bill requires such person to have the order or certified application and photo identification on his person when carrying a concealed handgun and to display them upon demand by a law-enforcement officer; failure to do so is punishable by a $25 civil penalty.
HB 1853 - Gilbert - Victims of domestic violence, etc.; firearms safety or training course. (H) Committee on Appropriations

(S) Committee on Finance
(H) (67 affirmative votes required to override)04/05/17
notes: Creates the Virginia Firearms Safety and Training for Sexual and Domestic Violence Victims Fund. The bill provides that the Department of Criminal Justice Services may distribute funds from the Fund to reimburse an entity that offers a firearms safety or training course or class approved by the Department free of charge to victims of domestic violence, sexual abuse, stalking, or family abuse. The bill also requires that, upon the issuance of a protective order, the petitioner for the order be provided with a list of such approved courses or classes.

HB 1869 - Lopez - Virginia Residential Landlord and Tenant Act; tenant obligations. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0262)03/03/17
notes: Provides that in addition to complying with the terms of a rental agreement, a tenant is obligated to be financially responsible for the added cost of treatment or extermination of any insects or pests due to the tenant's unreasonable delay in reporting the existence of the insects or pests or the tenant's fault in failing to prevent infestation of any insects or pests in the area occupied.
HB 1922 - Bell, Robert B. - Financial exploitation of adults; reporting to local law enforcement and State Police. (H) Committee on Health, Welfare and Institutions

(S) Committee on Rehabilitation and Social Services
(G) Acts of Assembly Chapter text (CHAP0459)03/13/17
notes: Clarifies that all cases involving suspected financial exploitation of an adult shall be immediately referred to local law enforcement for investigation and provides that in cases of suspected financial exploitation of an adult in which losses to the adult are suspected to be greater than $50,000, the local department of social services or adult protective services hotline also shall immediately refer the matter and all relevant documentation to the State Police for investigation.

HB 1945 - Peace - Adult exploitation; broadens definition for purposes of social services laws. (H) Committee on Appropriations

(S) Committee on Rehabilitation and Social Services
(G) Acts of Assembly Chapter text (CHAP0195)02/23/17
notes: Broadens the definition of "adult exploitation" for the purposes of social services laws to include the unauthorized, improper, or fraudulent use of an adult or his funds, property, benefits, or other assets for another's benefit or that deprives the adult of his rightful use of or access to such funds, property, benefits, or other assets. The bill provides that "adult exploitation" includes (i) a breach of a fiduciary obligation to an adult to his detriment or a failure to use the financial resources of an adult in a manner that results in neglect of such adult; (ii) the acquisition, possession, or control of an adult's financial resources or property through the use of undue influence, coercion, harassment, or duress; and (iii) forcing or coercing an adult to pay for goods or services or perform services against his will for another's profit, benefit, or advantage. In addition, the requirement that such adult be incapacitated is removed from the definition. The bill also broadens the definition of "financial institution staff" for the purposes of protecting aged or incapacitated adults to include any employee, agent, qualified individual, or representative of a bank, trust company, savings institution, loan association, consumer finance company, credit union, investment company, investment advisor, securities firm, accounting firm, or insurance company.
HB 1946 - Peace - State Long-Term Care Ombudsman, Office of the; amends provisions related to Office. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0460)03/13/17
notes: Amends provisions related to the Office of the State Long-Term Care Ombudsman (the Office) and its access to and handling of certain information and records to conform to federal requirements and remove ambiguities. The bill also prohibits interference with or retaliation or reprisals against (i) the Office or its representatives or designees for fulfillment of its functions, responsibilities, or duties or (ii) a person who in good faith complains or provides information to, or otherwise cooperates with, the Office or any of its representatives or designees. The bill requires the Commissioner for Aging and Rehabilitative Services to promulgate regulations regarding the investigation of allegations of interference, retaliation, or reprisals and the implementation of sanctions with respect to such interference, retaliation, or reprisals. The bill also requires the Department for Aging and Rehabilitative Services to put in place mechanisms to ensure that the Office may (a) analyze, comment on, and monitor the development and implementation of laws, regulations, and policies related to long-term care services and providers or to the health, safety, welfare, and rights of individuals receiving long-term care services; (b) recommend changes to such laws, regulations, and policies; and (c) provide information, recommendations, and the position of the Office of the State Long-Term Care Ombudsman to public and private agencies, legislators, media, and other persons regarding concerns of individuals receiving long-term care services.

HB 1979 - Peace - Contractors, Board for; exemptions, responsibility for contracting with unlicensed person. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0132)02/21/17
notes: Defines a Class D contractor and requires a Class D contractor to be registered by the Board for Contractors. The bill also (i) provides that any contractor who directly employs, or otherwise contracts with, a person who is not licensed or registered by the Board for Contractors for work requiring a contractor's license or registration shall be solely responsible for any monetary penalty or other sanction resulting from employing or contracting with an unlicensed or unregistered person based upon such person's failure to obtain or maintain the required license or registration; (ii) requires the Board for Contractors to adopt regulations implementing these provisions on or before October 1, 2017; and (iii) provides that the initial regulations of the Board for Contractors are exempt from the provisions of the Administrative Process Act but that any subsequent modification to such regulations shall comply with the Administrative Process Act.
HB 2072 - Watts - Nursing home family councils; rights of family members. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0462)03/13/17
notes: Provides that rights of a nursing home resident's family to meet in the facility with the families of other residents of the facility by attending meetings of the family council shall not be restricted.
HB 2090 - Kory - Charitable solicitations; registration statement to include percentage of contributions. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0763)03/24/17
notes: Requires a charitable organization to include in its annual registration statement a statement indicating the percentage of contributions received that was dedicated to the charitable purpose of the charitable organization during the preceding fiscal year.

HB 2119 - Keam - Laser hair removal; limits practice. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0390)03/13/17
notes: Limits the practice of laser hair removal to a person licensed to practice medicine or osteopathic medicine or to a properly trained person under the direction and supervision of a licensed doctor of medicine or osteopathic medicine.
HB 2217 - Toscano - Address confidentiality program; victims of sexual violence and human trafficking. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0498)03/13/17
notes: Expands the types of crimes victims of which are eligible to apply for the address confidentiality program to include sexual violence and human trafficking. Current law permits victims of domestic violence and stalking to apply to this program. The bill requires that sexual or domestic violence programs be accredited by the Virginia Sexual Violence Program Professional Standards Committee to accept applications and authorizes crime victim and witness assistance programs to accept applications. The bill increases the certification period from one to three years. The bill contains technical amendments.
HB 2219 - Dudenhefer - Real property tax; Stafford County may adopt, by ordinance, to restrict deferral of taxes. (H) Committee on Finance

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0438)03/13/17
notes: Allows Stafford County, by ordinance, to restrict the deferral of real property taxes authorized under current law to a taxpayer's sole dwelling whose assessed value has increased by at least five percent over the prior year due to improvements made to adjacent property by Stafford County. The bill applies to real property whose eligibility for deferral of taxes occurred on or after January 1, 2016.
HB 2300 - O'Bannon - Health, Department of; frequency of inspections. (H) Committee on Appropriations

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0465)03/13/17
notes: Provides that in cases in which inspections of emergency medical services agencies and vehicles, hospitals, hospices, home care organizations, restaurants, summer camps, campgrounds, and hotels are required, no licensee shall be inspected for a second time until such time as all other licensees in that category have also been inspected.
HB 2457 - Garrett - Health and Human Resources Secretariat; agencies of Secretariat shall share data, records, etc. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0467)03/13/17
notes: Provides that the agencies of the Health and Human Resources Secretariat shall be deemed a single state agency for the purposes of data collection and sharing and shall share data, records, and information about applicants for and recipients of services from the agencies of the Secretariat, to the extent allowed by federal law, for the purposes of (i) streamlining administrative processes and reducing administrative burdens on the agencies, (ii) reducing paperwork and administrative burdens on the applicants and recipients, and (iii) increasing access to and quality of services provided by the agencies. The bill requires the Secretary of Health and Human Resources to report on the implementation of the provisions of this act by December 1, 2017.
SB 839 - Sturtevant - Virginia Consumer Protection Act; prohibited practices, etc. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(G) Acts of Assembly Chapter text (CHAP0016)02/17/17
notes: Provides that it is a prohibited practice under the Virginia Consumer Protection Act for a supplier to promise to pay or rebate all or any portion of the deductible payable under a consumer's homeowners insurance policy as an inducement to the sale of roofing-related services. The measure also provides that a consumer shall have the right to rescind a contract for roofing-related services within three business days after being notified that all or any part of the consumer's claim for damage involving roofing-related services is not covered under the consumer's homeowners insurance policy. "Roofing-related services" includes the construction, installation, renovation, repair, maintenance, alteration, or waterproofing of a roof, gutter, downspout, or siding. "Promising to pay or rebate" includes (i) granting any allowance or offering any discount, including an allowance or discount in return for displaying a sign or other advertisement at the insured consumer's premises, against the fees to be charged or (ii) paying the insured consumer or any person associated with the property any form of compensation, gift, prize, bonus, coupon, credit, referral fee, or other item of monetary value for any reason pursuant to any agreement or understanding.
SB 891 - Chafin - Perpetual care trust funds; method of distribution. (H) Committee on Health, Welfare and Institutions

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0065)02/20/17
notes: Allows cemetery companies to request the trustee of a perpetual care trust fund to elect a total return distribution method for distributions from the trust. The bill provides that a total return distribution method allows the distribution of an amount not to exceed five percent of the fair market value of the perpetual care trust fund at the close of its preceding fiscal year. The bill contains notice and reporting requirements for the election and implementation of this method to the trustee, Cemetery Board, and commissioner of accounts. The bill sets forth requirements that a trustee using such method must meet, including adoption of a written investment and distribution policy, responsible investment decision making, and monitoring of the trust's fair market value. The bill prohibits a trustee from making distributions from the trust under the total return distribution method if (i) the fair market value of the trust after the distribution would be less than the aggregate of 80 percent of the fair market value of the trust at the close of the preceding fiscal year plus the total contributions made to the trust principal from such date to the date that the method of distribution is elected or (ii) beginning with the third year of using a total return distribution method, a three-year analysis of investment returns and distribution practices indicates insufficient protection of the trust principal. The bill requires the Cemetery Board to review conversions of perpetual care trust fund distribution methods for compliance with the requirements of the bill and allows the Cemetery Board to limit or prohibit conversions to and distributions under the total return distribution method under certain circumstances, including where the trustee or investm
SB 1242 - Dunnavant - Advance directives; persons authorized to provide assistance in completing, training programs. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0752)03/24/17
notes: Establishes criteria for training programs for qualified advance directive facilitators and provides that a qualified advance directive facilitator may distribute written advance directives in a form meeting the requirements of 54.1-2984 and may provide ministerial assistance to a person completing and executing an advance directive, including reading the form of an advance directive meeting the requirements of 54.1-2984 to a person, discussing the person's preferences with regard to items included in the form, recording the person's answers on the form, helping the person sign the form, and obtaining any other necessary signatures on the form
SB 1350 - Deeds - Motor vehicle sales and use tax; refund to purchaser. (H) Committee on Finance

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0552)03/16/17
notes: Allows a purchaser to be refunded any motor vehicle sales and use tax paid if the vehicle is returned, and the purchase price refunded, due to a mechanical defect or failure. The bill requires a person claiming the refund to submit an affidavit to the Commissioner of the Department of Motor Vehicles stating that the vehicle was returned due to a mechanical defect or failure, the purchase price was refunded, and the purchaser no longer has possession of the vehicle.
SB 1434 - Wexton - Assisted living facilities and adult day care centers; background checks. (H) Committee on Health, Welfare and Institutions

(S) Committee on Rehabilitation and Social Services
(G) Acts of Assembly Chapter text (CHAP0201)02/23/17
notes: Allows licensed assisted living facilities and adult day care centers to continue to employ a person convicted of one misdemeanor barrier crime not involving abuse or neglect if five years have elapsed following the conviction.
SB 1462 - McPike - Financial exploitation of adults; cases referred to law-enforcement agency. (H) Committee on Health, Welfare and Institutions

(S) Committee on Rehabilitation and Social Services
(G) Acts of Assembly Chapter text (CHAP0473)03/13/17
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