Del. Wendy Gooditis

Local regulation of pet shops. Authorizesa locality to regulate or restrict by ordinance the acquisition,marketing, and sale of animals in a pet shop. Such ordinance maydistinguish between certain types of pet shops and include provisionsfor special licensing, inspections, reporting, or restrictions onthe sale of certain types of animals. The bill also includes variousexisting statewide provisions related to pet shops in the list of sections for which a locality may adopt parallel or more stringentordinances.

Local authority to restrict nutrient creditusage. Authorizes the governing body of any locality, by ordinance,to restrict the total nutrient credits that are generated in thelocality and used in an adjacent eight-digit hydrologic unit codeor fourth order subbasin to comply with stormwater nonpoint nutrientrunoff water quality criteria.

General Assembly meetings; streaming and recording. Requires the Clerk of the House of Delegates and the Clerk of theSenate to ensure that every (i) subcommittee or committee meetingof a standing committee of the General Assembly, regardless of meetingdate, and (ii) floor session of the House of Delegates or the Senate,including any joint session of the houses, is streamed with closedcaptioning, recorded and archived. The bill defines "stream" and specifiesthat a qualifying meeting is one the date and time of which havebeen scheduled on a public website of any agency of the General Assemblyfor at least one hour prior to the meeting and that takes place inthe State Capitol, the Pocahontas Building, or the General AssemblyBuilding in Richmond. The bill has a delayed effective date of October1, 2020.

Employment; domestic service; Human Rights Act. Provides that individuals who are engaged in providing domestic service are not excluded from employee protection laws, laws regarding payment of wages, the Virginia Unemployment Compensation Act, and the Virginia Workers' Compensation Act. The measure removes all exemptions, including the exemption for individuals employed in domestic service, from the Virginia Minimum Wage Act. The measure also eliminates all limitations on private causes of action for violations of the Virginia Human Rights Act.

Transit funding. Raises the existing regional transportation fee, a grantor's tax, from $0.15 per $100 to $0.20 per $100 for localities in the Northern Virginia Transportation Authority that are also members of the Northern Virginia Transportation District. The bill requires half of the revenues to be deposited in the Northern Virginia Transportation Authority Fund and half to be deposited in the Washington Metropolitan Area Transit Authority (WMATA) Capital Fund. The rate of tax in the other localities will remain at $0.15 per $100, with one-third of the revenues to be retained by the locality to be used for transportation purposes and the other two-thirds to be deposited in the Northern Virginia Transportation District Fund. The bill also raises the existing transient occupancy tax in the localities located in the Northern Virginia Transportation District from $2 to $3, with all of the revenues from the tax being used to support WMATA. This bill incorporates HB 977.

Criminal sexual assault; definition of sexualabuse; complaining witness under age 13; penalty. Includes inthe definition of "sexual abuse" the intentional touching of anypart of a complaining witness's body, on either the skin or the materialcovering the complaining witness's body, if the complaining witnessis under the age of 13 and the act is committed with the intent tosexually molest, arouse, or gratify any person. The bill repeals theClass 1 misdemeanor prohibiting adult penetration of the mouth ofa child under the age of 13 with lascivious intent.

Dulles Greenway. Amends the powers and responsibilitiesof the State Corporation Commission (SCC) to regulate toll road operators underthe Virginia Highway Corporation Act of 1988. The bill adds requirements thattoll rates not materially discourage the public's use of the toll road, thatthe cost of operating the toll road be reasonably apportioned across all tollroad users based on the relative distance each class of user travels on thetoll road, such that the toll rates are established in a reasonable andnondiscriminatory manner in relation to the benefit obtained, and that tollrates shall provide the operator with no more than a reasonable return. Inaddition, the bill (i) requires the SCC, by October 1, 2020, to initiate aninvestigation into the tolls charged by all operators subject to the Act and toissue a ruling by April 1, 2021, on its investigation as to whether the currenttolls charged by the operator comply with such new requirements; (ii) prohibitsthe SCC from using the fact that any incremental return resulting fromincreased traffic related to a relative change in potential toll users that isgreater than zero on a cumulative basis as the sole basis for finding that theoperator's return exceeds a reasonable level as specified in such newrequirements, during any future complaint proceeding; (iii) requires the SCC,in its initial investigation, to develop a baseline from which it can measurethe relative change in potential toll users and directs how the incrementalreturn shall be computed; (iv) prohibits an operator from seeking a tollincrease that attempts to raise its return above the reasonable level; (v)requires the full disclosure, in public financial reports to the SCC, of thedetails of any related party transactions; and (vi) establishes a presumptionthat any related party transactions shall be presumed to be imprudent andexcluded from costs used for any purpose, including but not limited to costs oflobbyists, excessive compensation, and entertainment expenses, unless theoperator provides information showing that at least three separate competitivebids demonstrate that the operator could not have achieved better contractterms from a third party.

Animal welfare regulations; keeping of dogs,cats, and rabbits; Animal Welfare Inspector. Directs the Boardof Agriculture and Consumer Services to adopt comprehensive regulationsgoverning (i) the keeping of dogs, cats, and rabbits by any commercialdog breeder, dealer, pet shop, or private or public animal shelterand (ii) the keeping of companion animals by zoos. The regulationsare to require an annual $25 registration by every regulated personor facility and may establish standards that apply only to a particularcategory of regulated entity. The bill creates the position of State Animal Welfare Inspector as an employee of the Commissioner of Agricultureand Consumer Services and directs the Inspector or a representativeto conduct two annual inspections of each regulated facility. Finally,the bill directs the State Veterinarian to convene a technical advisorycommittee that includes representatives of potentially affected breeders,dealers, pet shops, shelters, agencies, zoos, veterinarians, and others, as well as representatives of the Office of the Attorney General,to assist in the development of regulations and guidance requiredby the bill.

Local taxing authority. Equalizes city taxing authority and county taxing authority by granting a county the same authority to impose taxes on cigarettes, admissions, transient room rentals, meals, and travel campgrounds without limitation on the rate that may be imposed.The bill authorizes all counties to impose an admissions tax with no restriction on the rate. Under current law, only certain counties may impose an admissions tax, and the rate generally is capped at 10 percent. Under current law, all cities may impose the tax with no restriction on the rate.The bill authorizes all counties to impose a transient occupancy tax with no limitation on the rate that may be imposed. Under current law, counties generally are limited to a maximum rate of two percent, although certain counties may impose the tax at higher rates. The bill provides that, unless otherwise provided by law prior to January 1, 2020, the revenue from a tax rate above two percent up to five percent is restricted to tourism purposes and tax rates above five percent may be used as general revenue.The bill authorizes all counties to impose a cigarette tax with no restriction on the rate. Under current law, only Arlington County and Fairfax County may impose a cigarette tax, and the rate is limited to 30 cents per pack. Under current law, all cities may impose the tax with no restriction on the rate.The bill eliminates the limit of four percent on a county food and beverage tax (commonly referred to as the meals tax). Under current law, such limit applies to counties but not cities. The bill also removes the requirement that a county hold a referendum before imposing a meals tax. Under current law, such requirement applies to counties but not cities.The bill provides that no county that held a referendum prior to July 1, 2020, that was defeated may impose a certain tax until six years after the date of such referendum, unless a successful referendum was held after the defeated referendum and before July 1, 2020.

Consumer lending. Replaces references to payday loans with the term "short-term loans." The measure caps the interest and fees that may be charged under a short-term loan at an annual rate of 36 percent, plus a maintenance fee; increases the maximum amount of such loans from $500 to $2,500; and sets the duration of such loans at a minimum of four months, subject to exceptions, and a maximum of 24 months. Short-term loan licensees are required to make a reasonable attempt to verify a borrower's income and may not collect fees and charges that exceed 50 percent of the original loan amount if such amount is equal to or less than $1,500 and 60 percent of the original loan amount if such amount is greater than $1,500. The measure amends the requirements for motor vehicle title loans, including requiring licensed lenders to use a database to determine a prospective borrower's eligibility for a loan and prohibiting loans to a borrower who has an outstanding short-term loan. The measure sets a 36-percent annual interest rate cap on open-end credit plans and allows a $50 annual participation fee. A violation of these provisions is made a prohibited practice under the Virginia Consumer Protection Act. The measure amends provisions of the Consumer Finance Act to, among other things, allow licensed lenders to use the services of access partners and establish requirements that loans be between $300 and $35,000; be repayable in substantially equal installment payments; have a term of no fewer than six and no more than 120 months; charge not more than 36 percent annual interest and a loan processing fee; and require licensees to post a bond. The measure prohibits credit service businesses from advertising, offering, or performing other services in connection with an extension of credit that has an annual interest rate exceeding 36 percent, is for less than $5,000, has a term of less than one year, or is provided under an open-end credit plan. The bill has a delayed effective date of January 1, 2021, and requires any person who would be required to be licensed under the provisions of the act to apply for a license by October 1, 2020. This bill is identical to SB 421.