ABC; contemplated actions by brewery or beer wholesaler. (HB1587)

Introduced By

Del. Dave Albo (R-Springfield) with support from 7 copatrons, whose average partisan position is:

Those copatrons are Del. Rich Anderson (R-Woodbridge), Del. Todd Gilbert (R-Woodstock), Del. Tag Greason (R-Potomac Falls), Del. Terry Kilgore (R-Gate City), Del. Barry Knight (R-Virginia Beach), Del. Nick Rush (R-Christiansburg), Del. Mike Watson (R-Williamsburg)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Alcoholic beverage control; powers of Alcoholic Beverage Control Board to issue certain case decisions. Empowers the Alcoholic Beverage Control Board to render a determination in response to a petition from a private party or Board staff, filed pursuant to the provisions of the Beer Franchise Act requesting the issuance of a case decision declaring whether contemplated action of a named party would be lawful or unlawful if carried out. The bill also provides that the ABC Board may, if it finds that a brewery or beer wholesaler has frivolously maintained a petition or defense to a petition pursuant to the Beer Franchise Act, award reasonable costs and attorney fees to the prevailing party. In addition, any beer wholesaler may file a petition against a brewery, and any brewery may file a petition against a beer wholesaler, in which the petitioner alleges that the respondent named in the petition as a matter of past or present fact has violated or attempted to violate, or has contemplated action that if carried out would violate any provision of the Beer Franchise Act, 4.1-111, subdivision 1 or 3 of 4.1-208, subdivision 2 of 4.1-223, or any regulation adopted by the Board pursuant to such provisions. The bill provides that (i) the Board shall have the responsibility to promptly issue a written determination as to whether such violations or attempted violations have occurred or whether such violations would occur if such contemplated action of a named party were to be carried out and (ii) any document that describes or authorizes any act that could be undertaken by a beer wholesaler or brewery shall constitute conclusive evidence that such action is contemplated action within the scope of the bill if that writing was created by or on behalf of such beer wholesaler or brewery. The bill further establishes which party has the burden of proof with regard to allegation of violations of law and provides that recognized industry trade associations have the right to appear as amicus curiae in ABC Board proceedings in which a party is seeking a declaratory determination on one or more questions of law. The bill contains technical amendments. Amends § 4.1-103, § 4.1-509, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/04/2013Committee
01/04/2013Prefiled and ordered printed; offered 01/09/13 13103343D
01/04/2013Referred to Committee on General Laws
01/11/2013Assigned GL sub: #3 ABC/Gaming
01/17/2013Subcommittee recommends reporting with amendment(s) (7-Y 0-N)
01/22/2013Reported from General Laws with substitute (22-Y 0-N) (see vote tally)
01/22/2013Committee substitute printed 13104070D-H1
01/23/2013Read first time
01/24/2013Read second time
01/24/2013Committee substitute agreed to 13104070D-H1
01/24/2013Engrossed by House - committee substitute HB1587H1
01/25/2013Read third time and passed House BLOCK VOTE (98-Y 0-N)
01/25/2013VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
01/28/2013Impact statement from DPB (HB1587H1)
01/28/2013Constitutional reading dispensed
01/28/2013Referred to Committee on Rehabilitation and Social Services
02/01/2013Reported from Rehabilitation and Social Services (15-Y 0-N) (see vote tally)
02/04/2013Read second time
02/05/2013Read third time
02/05/2013Passed Senate (40-Y 0-N) (see vote tally)
02/07/2013Enrolled
02/07/2013Bill text as passed House and Senate (HB1587ER)
02/07/2013Signed by Speaker
02/08/2013Signed by President
02/13/2013Impact statement from DPB (HB1587ER)
02/15/2013G Approved by Governor-Chapter 3 (effective 7/1/13)
02/15/2013G Acts of Assembly Chapter text (CHAP0003)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 50 seconds.