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LEGISLATIVE
ALERT
exemptions
have been restored to Virginia's "Day of Rest" law
The
exemptions have been restored to Virginia's "Day of Rest" law.
If your business or industry was exempt before July 1, it is exempt
again.
It took the Virginia General Assembly less than three hours this afternoon
to pass an emergency bill to fix the problem. It took Governor Mark
R. Warner only a few more minutes to receive and sign an enrolled version
of the bill, which took effect upon his signature. The
Virginia Chamber had encouraged the Assembly to return to Richmond to pass
such a bill, and spoke in favor of that action during the quick session.
Several legislators indicated they had heard from business leaders in
their communities. Those of you who took the time to contact your
senators and delegates helped make today's smooth, near-unanimous action
possible. The business community spoke with one voice on this
issue, and we were successful.
Senate
Bill 6002 was sponsored by Senator Fred Quayle of Chesapeake, the same
legislator who sponsored the bill earlier this year that caused the
problem.
The new legislation also included an enactment clause that expressed the
General Assembly's intent to apply existing case law on the repealed
section to this new provision. A judge would likely do that anyway,
but the amendment might help in some future dispute.
Through
this process many businesses have discovered they were never exempt from
the "Day of Rest" statute, and still are not exempt.
Efforts to expand that list will have to wait for the 2005 General
Assembly. The exemptions that are now back in force are:
| 1. |
Transportation
by whatever means and supporting facilities; |
| 2. |
Public
services and utilities, manufacturing, processing and plant
operation of all types; |
| 3. |
Publishing,
including the distribution and sale of the products thereof; |
| 4. |
Servicing,
fueling and repair of motor vehicles, boats and aircraft, and the
selling of parts and supplies therefore; |
| 5. |
Operation
of motion picture theatres and the production of radio and
television programs; |
| 6. |
Medical
services; and other services on an emergency basis; |
| 7. |
Sports,
athletic events and the operation of historic, entertainment and
recreational facilities, and the sale or rental of boats, and
swimming fishing and boating equipment; |
| 8. |
Agriculture,
including the operation of nurseries and florist establishments; |
| 9. |
Preparation
and sale of prescription and nonprescription drugs and the sale of
medical and hygienic supplies and baby supplies; |
| 10. |
Wholesale
food warehouses and ship chandleries; |
| 11. |
Restaurants
and delicatessens; |
| 12. |
Janitorial,
custodial and like services; |
| 13. |
Operation
of hotels and motels and funeral homes and cemeteries; |
| 14. |
Mining
and supporting facilities; |
| 15. |
Sale
of tobacco and related products; |
| 16. |
A
drugstore, a majority of the sales receipts of which consist of
prescription and nonprescription drugs, health and beauty
aids; |
| 17. |
Sale
of novelties, cameras, photographic supplies (including film and
flash bulbs), antiques, pictures, paintings, art supplies,
souvenirs, animals as pets, including tropical fish, and pet
supplies; |
| 18. |
Sale
or leasing of noncommercial real property, mobile homes, and the
sale of residential modular, panelized or other prefabricated
houses, notwithstanding that such houses are not then erected or
constructed on a site |
Questions or comments? Contact Joyce Waugh or Lisa Link at 540-983-0700 x 228, or by
e-mail at jwaugh@roanokechamber.org
or lisa.link@roanokechamber.org.
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