Real property; title insurance and duty to disclose ownership interest and lis pendens. Provides that a real estatelicensee has an affirmative duty, upon having substantive discussionsabout specific real property, to disclose in writing to the purchaser,seller, lessor, or lessee if he, any member of his family, his firm,any member of his firm, or any entity in which he has an ownershipinterest has or will have an ownership interest to the other partiesto the transaction. The bill requires a settlement agent, in connectionwith any transaction involving the purchase or sale of an interest in residential real property, to obtain from the purchaser a statementin writing that he has been notified by the settlement agent thatthe purchaser may wish to obtain owner's title insurance coverageincluding affirmative mechanics' lien coverage, if available, andof the general nature of such insurance coverage in accordance withthe standards of the American Land Title Association, and that thepurchaser does or does not desire such coverage or desires coveragenot consistent with the standards of the American Land Title Association.The bill requires such written notification to substantially complywith language provided in the bill. The bill requires that an ownerof residential dwelling unit who has actual knowledge of a lis pendensfiled against the dwelling unit to provide to a prospective purchasera written disclosure of such fact to the purchaser on a form providedby the Real Estate Board on its website.
Sponsored bills
Required disclosure for buyer to beware; buyer due diligence; historic districts. Adds a survey of the property to the list of materials that a purchaser of the property can review as part of exercising whatever due diligence the particular purchaser deems necessary with respect to a historic district designated by the locality.
Virginia taxable income; corporations; deductions; business interest. Increases from 20 percent to 60 percent the Virginia individual and corporate income tax deduction for business interest disallowed as a deduction under § 163(j) of the Internal Revenue Code for taxable years beginning on and after January 1, 2022. The bill also provides that its provisions would not become effective unless the revenue change reasonably anticipated to result from the implementation of this bill is affirmatively accounted for in the total projected revenues set forth in the general appropriation act passed by the General Assembly in 2022 that becomes law.
Unemployment compensation; required writtennotice upon separation. Requires each employer to provide eachindividual who is separated from such employer a written notice that includes the individual's name and social security number, the employer'slegal name and unemployment tax account number, the reason for separation,and information on the individual's right to apply for unemploymentcompensation. The bill requires that such written notice be mailed to the individual's last known address or otherwise provided to theindividual within three days of the separation. The bill requiresthe Virginia Employment Commission to establish and make availablea sample form notice that an employer may use to comply with suchnotice requirement. The bill authorizes the Virginia Employment Commissionto request, at any time, that an employer submit information relatedto a claim including separation information through electronic meansunless the employer has been granted a waiver by the Commission.
Consumer Data Protection Act; data deletion request. Provides that a controller that has obtained personal data about a consumer from a third party shall be deemed in compliance with a consumer's request to delete such data if the controller either (i) retains a record of the deletion request and the minimum data necessary for the purpose of ensuring that the consumer's personal data remains deleted and does not use such retained data for any other purpose or (ii) opts the consumer out of the processing of that data for any purpose except those purposes exempted pursuant to the Consumer Data Protection Act. This bill is identical to HB 381.
Transit buses. Exempts a manufacturer, factorybranch, distributor, distributor branch, or factory or distributorrepresentative engaged in the manufacture or distribution of transitbuses from the requirements of obtaining a license from the Departmentof Motor Vehicles to engage in business. The bill also exempts transitbuses from dealer's license plate and temporary license plate requirements.
Enforcement of illegal gaming laws; Charitable Gaming Fund established. Establishes the Charitable Gaming Fund (the Fund) as the depository of all fees and penalties collected by the Department of Agriculture and Consumer Services (the Department) in its administration of charitable gaming laws. The bill allocates 50 percent of the collected funds to the Department to fund its costs of administering charitable gaming laws; five percent to the Virginia Lottery to fund the costs of the Illegal Gaming Enforcement Coordinator, a position created at the Virginia Lottery by the bill; one percent to the Problem Gambling Treatment and Support Fund; and 44 percent to the general fund.The bill charges the Illegal Gaming Enforcement Coordinator with coordinating local, state, and federal enforcement of illegal gaming laws, defined as laws regulating gambling, charitable gaming, lottery games, sports betting, casino gaming, fantasy contests, and horse racing and pari-mutuel wagering, and with establishing a tip line for members of the public to report concerns about illegal gaming. The bill (i) directs the Department, under certain circumstances, to revise the fees levied by it for placement into the Fund so that the fees are sufficient but not excessive to cover the costs of administration and enforcement of charitable gaming laws and (ii) provides that beginning on July 1, 2024, 95 percent of moneys in the Fund shall be allocated to the Department to fund its costs of administering charitable gaming laws and five percent to the Virginia Lottery to fund the costs of the office of the Illegal Gaming Enforcement Coordinator.
Charitable gaming; social organizations and social quarters; electronic gaming. Provides that the conduct of electronic gaming, defined in the bill, is restricted to qualified social organizations on their premises or other qualified organizations that lease the premises of a qualified social organization pursuant to the guidelines set out in the bill. The bill eliminates the exceptions related to the sale of instant bingo, pull tabs, or seal cards or the conduct of bingo games in current law for veterans and fraternal organizations. The bill provides that such qualified organizations shall be subject to two prohibitions that, under current law, apply to all other organizations, as defined in relevant law: (i) they are prohibited from selling instant bingo, pull tabs, or seal cards or conducting bingo games outside of their home locality and (ii) they are prohibited from offering such games at an establishment that has been granted a license by the Alcoholic Beverage Control Authority unless they hold such license. The bill provides that, with the exception of social organizations qualified under § 501(c)(7) of the Internal Revenue Code, all gross receipts attributable to electronic gaming shall be reported to the Department of Agriculture and Consumer Services (the Department) and shall be subject to application, audit, and administration fees. Under the provisions of the bill, social organizations that are exempt from taxation pursuant to § 501(c)(7) of the Internal Revenue Code are permitted to conduct electronic gaming until such organizations reach $200,000 in electronic gaming adjusted gross receipts, defined in the bill, during any 12-month period. Such organizations are required to report their adjusted gross receipts to the Department and are subject to application, audit, and administration fees based on their adjusted gross receipts. The bill provides that application fees shall be paid to the Department by the qualified organization and that audit fees may be paid to the Department either by the qualified organization or the electronic gaming manufacturer that provides electronic gaming devices to such organization. The bill imposes on any person or organization conducting charitable gaming without a permit a civil penalty of not less than $25,000 and not more than $50,000 per incident. Finally, the bill sets out via a second enactment provisions that require qualified organizations permitted to conduct electronic gaming to report and pay all required fees to the Department based on such organization's electronic gaming adjusted gross receipts. The provisions of the first enactment of the bill requiring the use of a qualified organization's electronic gaming gross receipts for the purpose of reporting and payment of required fees has an expiration date of July 1, 2024. The provisions of the second enactment of the bill requiring the use of a qualified organization's electronic gaming adjusted gross receipts for the purpose of reporting and payment of required fees has a delayed effective date of July 1, 2024. This bill is identical to HB 763.
Support of parents by child; repeal. Repeals the provision of the Code of Virginia requiring an adult child to assist in providing for the support and maintenance of his or her parent, when such parent requires assistance. Under current law, failure to comply with this provision is punishable as a misdemeanor with a fine not exceeding $500 or imprisonment in jail for a period not exceeding 12 months or both.
Parking of vehicles; electric vehicle charging spots; civil penalties. Prohibits a person from parking a vehicle not capable of receiving an electric charge in a space reserved for charging electric vehicles provided that appropriate signage is posted. A violation is subject to a civil penalty of not less than $100 nor more than $250, and the vehicle may be towed or impounded.