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Team VADA 2010 General Assembly Bill Tracking

We are victorious!  Thanks to the efforts of Team VADA staff and the support of our Dealer Members, many of whom travelled to Richmond to lobby legislators, we have gotten both our Franchise Bill and our Demonstrator Clarification Bill passed and signed by the Governor!

 

The Franchise Bill is effective IMMEDIATELY! This means all of the provisions of the bill are currently in force.  The Demonstrator Clarification Bill will be effective July 1, which will give dealers time to update the appropriate forms.  We will be sending details of the needed changes.

Thanks to every member, both Dealer and Allied, who supported our efforts by writing letters, making calls and travelling to Richmond. A special "thank you" goes to those who travelled at a moment's notice for a couple critical Committee Meetings!

Don Hall, VADA President & Chief Lobbyist 804.545.3004 dhall@vada.com
Anne Gambardella, Esq. 804.545.3006 agambardella@vada.com

 


 

2010 Bill Tracking

Last update: 19 April 2010

PRIMARY LEGISLATION 

Team VADA's key legislation is our franchise bill.  This bill has been introduced by legislators in the House and Senate.  These bills are identical.  This legislation is critical to shoring up our franchise laws in the face of attack by manufacturers and the media.

Bill Description Current Status
Dealer Franchise Bill
HB 1012 : Athey
SB   527 : Norment


This legislation clarifies several important items in Virginia Code and addresses several unfair and despicable practices used by automobile manufacturers against Virginia dealers including: the definition of a franchised motor vehicle dealer, the size of the relevant market area for heavy truck dealers, site control, timeframes for manufacturer warranty and sales incentive audits, parts return timeframes, an anti-waiver statute, the right to sell new vehicle inventory after franchise termination, and clarification of the hearing process.
 

 

HB 1012:
Passed House 
(98-Yes  0-No)
Passed Senate
(40-Yes  0-No)

SB 527:
Passed Senate 
(40-Yes  0-No)
Passed House 
(99-Yes  0-No)

SIGNED BY THE GOVERNOR!

"Demonstrator" Clarification Bill
HB 1269 : Janis
SB   293 : McDougle


Virginia Code currently allows a dealer to sell a vehicle as “new”, “used” or “demonstrator”. This method of defining a vehicle has caused confusion. This bill will simplify that a new vehicle is any vehicle that has not been previously titled. 

 

HB 1269:
Passed House
(97-Yes  2-No)
Passed Senate
(40-Yes  0-No)

SB 293:
Passed Senate 
(40-Yes  0-No)
Passed House
(98-Yes  1-No)

SIGNED BY THE GOVERNOR!

 

 

OTHER LEGISLATION

Team VADA is tracking and working numerous bills which could impact your business.  Below are a few of these bills.

Technical Change to the Buyers Order Statute
HB190 : Passed House 98-Y 0-N
             Passed Senate 40-Y 0-N
The old buyers order disclosure becomes ineffective on July 1, 2010. This bill simply removes the old disclosure from the Code.
 
Flood Damage Vehicles
HB392 : Passed House 73-Y 25-N
             Senate Transportation Committee continued until 2011
The threshold for reporting water damage to a vehicle would be raised from $1000 to $5000. The flood damage designation is a separate brand from a salvage brand.
 
Hybrids and HOV Lanes
HB214 : Passed House 78-Y 17-N
             Passed Senate 40-Y 0-N
The exemption to the HOV passenger restrictions for hybrid vehicles with clean fuel plates expires on July 1, 2010. There has been legislation introduced to extend that exemption for an additional year, until July 1, 2011.
 
Retail Sales and Use Tax – Compensation for Collecting
HB1051 : Left in House Appropriations Committee!
SB542   : Left in Senate Finance Committee!
Legislation has been introduced in the House and Senate to eliminate dealer discounts and allowances for the retail sales and use tax, tire recycling fee, communications sales and use tax, cigarette and tobacco products tax, E-911 service tax, and fuels taxes. Under this legislation, any retailer who collects the 5% retail sales tax would no longer be compensated for doing so.
 
Estate Tax
HB223 : DEFEATED!
HB275 : DEFEATED!
SB714 : DEFEATED!
Several measures have been introduced to reinstate all or part of the estate tax if the federal estate tax phase out is not renewed.
 
General Employer Related Items
We are also involved in several issues that impact all employers generally, including proposed increases in unemployment insurance, new health insurance mandates and verification of the legal work status of employees. There are always many different bills introduced that effect Virginia employers and we work with our colleagues representing many groups to ensure Virginia employers do not see their costs skyrocket.

 

 
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