Virginia Telephone Privacy Protection Act; unwanted telephone solicitation calls prohibited. (SB1264)

Introduced By

Sen. Dick Black (R-Leesburg)

Progress

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

Description

Virginia Telephone Privacy Protection Act. 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. 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 cellular 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. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/10/2017Prefiled and ordered printed; offered 01/11/17 17101789D
01/10/2017Referred to Committee on Commerce and Labor
01/30/2017Reported from Commerce and Labor with amendments (11-Y 2-N 1-A) (see vote tally)
02/01/2017Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/02/2017Read second time
02/02/2017Reading of amendments waived
02/02/2017Committee amendments agreed to
02/02/2017Engrossed by Senate as amended SB1264E
02/02/2017Printed as engrossed 17101789D-E
02/03/2017Read third time and passed Senate (40-Y 0-N) (see vote tally)
02/08/2017Placed on Calendar
02/08/2017Read first time
02/08/2017Referred to Committee on Commerce and Labor
02/16/2017Reported from Commerce and Labor (15-Y 4-N) (see vote tally)
02/20/2017Read second time
02/21/2017Passed by for the day
02/22/2017Passed by for the day
02/23/2017Motion to rerefer to committee agreed to
02/23/2017Rereferred to Commerce and Labor
02/25/2017Left in Commerce and Labor

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 7 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Sen. Bill Stanley (R-Moneta): CONCERN OUT IN VIRGINIA AND I THINK THAT CONCERN IS NOT WELL TAKEN AND MISTAKEN. SENATE BILL 1110 COMES FROM TRYING TO CLEAN UP WHAT WAS MY BILL IN 2012. MR. PRESIDENT AND MEMBERS OF THIS BODY IN, 2012, WE WERE HAVING A PROBLEM IN OUR AREA IN SOUTHSIDE, VIRGINIA, BECAUSE WE WERE BUILDING THESE MEGA PARKS INDUSTRIAL PARKS AND TRYING TO BRING IN CORPORATIONS TO COME AND RELOCATE IN OUR AREA, AND THEN HAVE THEM BUILD THEIR FACILITY THERE AT THE PARK. THE PROBLEM WAS, WAS THAT BRINGING ELECTRICITY TO THAT PARK, NATURALLY, APCO, WHO IS OUR SERVICE PROVIDER, APPALACHIAN POWER COMPANY, WOULD NOT BRING THAT LINE UNLESS WE HAD A CONTRACT. IF WE HAD A CONTRACT, THEN TO GET THAT LINE APPROVED, THOSE TRANSMISSION LINES AND THE TRANSFER STATIONS, YOU HAD TO COME BACK UP HERE TO RICHMOND AND GO TO THE SEC, THE STATE CORPORATION COMMISSION. AND THAT WOULD TAKE 11 TO 14 MONTHS, AND BY THAT TIME, I TELL YOU, MR. PRESIDENT, MOST OF THE TIMES EVEN CONSIDERING THAT, THOSE COMPANIES WERE GOING TO NORTH CAROLINA, WHERE THE APPROVAL PROCESS WAS MORE STREAMLINED. SO IN 2012, I PUT A BILL TOGETHER, AND IT PASSED UNANIMOUSLY OUT OF THIS BODY AND THE BODY ACROSS THE HALL, THAT ALLOWED THE LOCALITIES, THE LOCAL GOVERNMENTS TO WORK WITH AEP, APCO, NOT DOMINION, APCO, TO PUT THESE TRANSMISSION LINES IN, WHAT THEY CALL 138 KV LINES, THE ONLY KIND OF LINES WE USE DOWN THERE. THEY'RE RARELY USED ANYWHERE ELSE. TO BRING THOSE LINES IN BY GOING AND SEEKING APPROVAL FOR THE PLACEMENT AND THE CONSTRUCTION WITH THE LOCAL GOVERNMENT. IT WAS WORKING OUT GREAT. IT'S WORKING OUT IN COMMONWEALTH CROSSING. WE'RE WORKING WITH THE LOCALITY, THE LOCALITY WORKING WITH APCO TO MAKE SURE THIS HAPPENS IN A QUICK MANNER. IT SHORTENED IT FROM 14 MONTHS TO 5 TO 6 MONTHS, ALLOWING US TO BE MORE COMPETITIVE IN BRINGING THESE JOBS BACK TO SOUTHSIDE SIDE VIRGINIA. THE PROBLEM WITH IT WAS, IS WHEN WE WROTE THE BILL, I WROTE THE BILL, AND IT SAID TRANSMISSION LINE. IT DIDN'T SAY TRANSFER STATION OR ANYTHING ELSE. WELL, A CASE THAT WENT BEFORE THE SUPREME COURT SAID THAT AS IT SHOULD HAVE BEEN THAT WORDS ARE TAKEN FOR THEIR LITERAL MEANING AND YOU DON'T ADD TO THEM. YOU DON'T TAKE AWAY FROM THEM, AND BECAUSE IT DID NOT HAVE THE THERE THAT ONLY THE LOCALITY LANGUAGE TRANSFER STATION IN COULD APPROVE THE LINE OF TRANSMISSION, BUT NOT THE TRANSFER STATION, CAUSING APCO TO HAVE TO GO BACK TO THE STATE CORPORATION COMMISSION, WHICH DEFEATED THE WHOLE PURPOSE OF THE BILL. BECAUSE IF THEY WERE GOING TO HAVE TO GO BACK TO THE STATE CORPORATION COMMISSION OR BACK TO THE 11, 14 MONTHS TO GET EVERYTHING APPROVED. SO THIS BILL ADDS TRANSFER STATION IN THERE, AND IT DOES NOT TAKE AWAY LOCAL CONTROL. IN FACT, IT ENHANCES LOCAL GOVERNMENT CONTROL OF THIS PROCESS, MR. PRESIDENT, AND HERE'S WHY. RIGHT NOW, AS THE LAW STANDS, WHEN YOU GO TO THE STATE CORPORATION COMMISSION TO GET APPROVAL OF THESE LINES, THE ZONING IS PRESUMED AND TAKEN AWAY. THE LOCAL HAS NO AUTHORITY. THE LOCAL GOVERNMENT HAS ABSOLUTELY NO AUTHORITY. THIS BILL DOES ASSUME THAT IN THAT AS WELL, BUT IT ALLOWS THE LOCALITY 100% INVOLVEMENT IN THE APPROVAL PROCESS RATHER THAN HAVING IT DONE BY A STATE BODY KNOWN AS THE STATE CORPORATION COMMISSION. THIS DOESN'T TAKE AWAY LOCAL POWERS. IT ENHANCES THEM. IT SPEEDS UP THE PROCESS IN OUR AREA SPECIFICALLY. IT HAS NOTHING TO DO WITH PRINCE WILLIAM COUNTY, AS I'VE HEARD OVER AND OVER FROM PEOPLE WHO HAVE CONTACTED MY OFFICE. NOTHING. LET ME SAY THAT ONE MORE TIME, MR. PRESIDENT. NOTHING TO DO WITH PRINCE WILLIAM COUNTY OR DOMINION OR ANYTHING ELSE. THIS IS A BILL FOR SOUTHSIDE AND SOUTHWEST SO THAT WE CAN MAKE LOCAL CONTROL FOR THE TRANSMISSION OF -- THE CONSTRUCTION OF THESE TRANSMISSION LINES AT THE STATIONS, AT OUR MEGA PARKS AND INDUSTRIAL PARKS, AND THAT'S THE BILL, MR. PRESIDENT, AND FOR THOSE REASONS, I RENEW MY MOTION THAT SENATE BILL 1110 PASS.

[Unknown]: THANK YOU, SENATOR. THE SENATOR FROM FAIRFAX CITY, SENATOR PETERSON. MR. PRESIDENT, I RISE TO SPEAK IN SUPPORT OF THE BILL. I THINK THE GENTLEMAN HAS STATED IT EXACTLY CORRECTLY. THIS IS A UNIQUE SITUATION WITH 138-KILO VOLT LINES UNIQUE TO THE APCO SERVICE LATTER. I DO REMEMBER THE 2012 LEGISLATION. I THINK IN THIS CASE THE BILL MAKES SENSE. SO I HOPE WE SUPPORT IT.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 1110 PASS. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE; THOSE OPPOSED, NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 30, NOS 10. AYES 30, NOS 10. THE BILL PASSES. SENATE BILL 1123, A BILL RELATING TO THE MANUFACTURED HOME LOT RENTAL ACT, NOTICE OF UNCORRECTED VIOLATIONS. SENATOR FROM PRINCE WILLIAM COUNTY, SENATOR MCPIKE.

Sen. Jeremy McPike (D-Dale City): MR. PRESIDENT, I MOVE THE BILL PASS, AND SPEAKING TO THAT MOTION.

[Unknown]: THE SENATOR HAS THE MOTION.

Sen. Jeremy McPike (D-Dale City): SENATE BILL 1123 PROVIDES A FRAMEWORK TO ALLOW NOTICE TO BE PROVIDED FOR THOSE LIVING IN OUR MOBILE HOME OR MANUFACTURED HOME PARKS IN VIRGINIA. I HAD A SITUATION IN MY DISTRICT, WHICH ACTUALLY IN ABOUT 30 DAYS, FOLKS WILL BE EVICTED, 50 FAMILIES LOSING THEIR HOMES, BECAUSE THEY WEREN'T AWARE THAT THE UNDERLYING SANITARY LINES THAT FED THEIR TRAILERS WERE BEING DAMAGED YEAR AFTER YEAR. THIS PROVIDES A FRAMEWORK OF A LOCAL INSPECTION. THOSE TENANTS, THOSE PEOPLE WHO HAVE MORTGAGES ON THEIR UNITS WILL BE NOTIFIED THAT THERE IS AN UNDERLYING ISSUE THAT HELPS TO SERVE THEIR UNIT. THIS IS IMPORTANT. I HOPE TO PREVENT -- I CAN'T HELP THE CURRENT RESIDENTS, BUT I HOPE TO PREVENT OTHERS TO MAKE SURE THEY'RE NOTIFIED SO THEY CAN TAKE CORRECTIVE ACTIONS AND ASK THAT THE BILL PASS.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS, SHALL SENATE BILL 1123 PASS. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE; THOSE OPPOSED, NO.? ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 39, NOS 1. AYES 39, NOS 1. THE BILL PASSES. RETURNING TO SENATE BILL 1110, AS SEVERAL PEOPLE HAVE