Establishes a statewide policy for the regulation of professions and occupations specifying criteria for government regulation with the objective of increasing opportunities, promoting competition, encouraging innovation, protecting consumers, and complying with applicable federal antitrust laws. The bill also establishes the position of professional and occupational regulatory analyst within the Division of Legislative Services to assist the Joint Commission on Administrative Rules in (i) evaluating at least three professions and occupations in each year and (ii) to the extent feasible, reviewing legislation establishing or modifying an occupational regulation to determine whether the legislation meets the state policy of using the least restrictive regulation necessary to protect or preserve the public health, safety, and welfare. The evaluation shall include recommendations for changes to occupational regulations to improve compliance with the state policy of using the least restrictive regulation necessary.
Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death. The bill also provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. This bill serves to overrule the Court of Appeals of Virginia decision in
Provides that a seller may be held liable for violations of the Virginia Telephone Privacy Protection Act that are committed by a third-party telemarketer under common law principles of agency when the third-party telemarketer initiates telephone solicitation calls on behalf of or for the benefit of the seller. A seller shall not be held liable if the third-party telemarketer fails to follow its contractual obligations with the seller or fails to adhere to any guidelines, directions, practices, or policies of the seller for conducting telephone solicitations and communications. The measure defines "seller" as any entity that benefits from the sale of property or services marketed by a telephone solicitation call, including an entity that engages in the marketing or selling of names or data containing the identity of potential customers or sales leads. The measure also provides that a telephone solicitation call includes a telephone call made to a wireless phone registered to any natural person who is a resident of the Commonwealth if the purpose of the telephone call is the offering or advertising of any goods or services for sale, lease, license, or investment, including the offering or advertising of an extension of credit.