Virginia 2019 Regular Session Status: Enacted

SB 1188 — Extended service contracts; bonding requirement, remedies, civil penalty.

Last action — Governor's Action Deadline Midnight, March 26, 2019

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 03, 2019. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Eliminates the requirement that extended service contract providers file and maintain a bond or letter of credit with the Commissioner of the Department of Agriculture and Consumer Services (VDACS). The bill also (i) requires service contracts to include a disclosure advising a purchaser that he may file a complaint with VDACS if an obligor denies or does not honor a promise made in a contract within 60 days after a request; (ii) authorizes the Commissioner of VDACS, upon receiving a complaint regarding such a request, to investigate whether there has been an improper denial or failure of a purchaser's request and require the obligor to rectify or justify any improper denial or failure; and (iii) authorizes the Commissioner to (a) issue a cease and desist order; (b) deny, suspend, or revoke the obligor's registration; or (c) assess a civil penalty if the denial or failure is not rectified or sufficiently justified. The bill includes procedural provisions concerning the Commissioner's powers to deny, revoke, or suspend an obligor's registration. This bill is identical to

Bill Text

What changed in the latest version

34 added · 36 removed

Plain-language change summary

The amendment to SB 1188 includes updates that strengthen the enforcement powers of the Virginia Commissioner regarding service contracts. It allows the Commissioner to issue penalties for improperly denying or failing to honor customer requests, including the ability to halt operations or revoke registrations if violations are not corrected. These changes are significant because they aim to protect consumers by ensuring that companies are held accountable for their actions and that they must address complaints in a timely manner.

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Latest
SESSION history | hilite | pdf | print version 19104546D SENATE BILL NO.
SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact § 59.1-437 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 59.1-437.1, relating to extended service contract providers;
1188 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Commerce and Labor on January 14, 2019) (Patron Prior to Substitute--Senator Dance) A BILL to amend and reenact § 59.1-437 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 59.1-437.1, relating to extended service contract providers;
Be it enacted by the General Assembly of Virginia:
[S 1188] Approved   Be it enacted by the General Assembly of Virginia:
The obligor's application for registration or any amendment thereto is incomplete in any respect.
The obligor's application for registration or any amendment thereto is incomplete in any respect;
Suspension or revocation of a registration for any violation of this chapter shall not affect the Commissioner's authority to take any action authorized by § 59.1-441 with respect to such violation.
Suspension or revocation of a registration for any violation of this chapter shall not affect the authority to take any action authorized by § 59.1-441 with respect to such violation.
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Action History

  1. Governor's Action Deadline Midnight, March 26, 2019

  2. Enrolled Bill Communicated to Governor on February 27, 2019

  3. Signed by Speaker

  4. Signed by President

  5. Enrolled

  6. Passed House with amendments BLOCK VOTE (98-Y 0-N)

  7. Engrossed by House as amended

  8. Committee amendments agreed to

  9. Read third time

  10. Read second time

  11. Referred to Committee on Commerce and Labor

  12. Read first time

  13. Placed on Calendar

  14. Engrossed by Senate - committee substitute SB1188S1

  15. Committee substitute agreed to 19104546D-S1

  16. Reading of substitute waived

  17. Read second time

  18. Referred to Committee on Commerce and Labor

  19. Prefiled and ordered printed; offered 01/09/19 19102368D

Sponsors

  • Rosalyn R. Dance · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

  • Rosalyn R. Dance

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

House amendments agreed to by Senate

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 39000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Chafin — Yea
Dance — Yea
McClellan — Yea
Black — Yea
Carrico — Yea
Spruill — Yea
Wagner — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Glen H. Sturtevant, Jr. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Commerce and Labor with amendments

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 22000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Lindsey — Yea
Yancey — Yea
Hugo — Yea
Toscano — Yea
Bell, Robert B. — Yea
Bourne, Jeffrey M. — Yea
Byron, Kathy J. — Yea
Christopher T. Head — Yea
Filler-Corn, Eileen — Yea
Heretick, Steve E. — Yea
Israel D. O'Quinn — Yea
Jeion A. Ward — Yea
Keam, Mark L. — Yea
Kory, Kaye — Yea
Lamont Bagby — Yea
Marshall, Daniel W., III — Yea
Michael J. Webert — Yea
Mullin, Michael P. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Terry G. Kilgore — Yea
Tony O. Wilt — Yea

Official roll call →

Read third time and passed Senate

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Barker — Yea
Chase — Yea
Dance — Yea
Hanger — Yea
Norment — Yea
Petersen — Yea
Black — Yea
Carrico — Yea
Chafin — Yea
Cosgrove — Yea
Dunnavant — Yea
Howell — Yea
Mason — Yea
McClellan — Yea
Spruill — Yea
Edwards — Yea
Lewis — Yea
Newman — Yea
Ruff — Yea
Saslaw — Yea
Vogel — Yea
Wagner — Yea
Adam P. Ebbin — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Glen H. Sturtevant, Jr. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea
Scott A. Surovell — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Black — Yea
Chafin — Yea
Dance — Yea
Lewis — Yea
Norment — Yea
Petersen — Yea
Barker — Yea
Carrico — Yea
Chase — Yea
Cosgrove — Yea
Dunnavant — Yea
Howell — Yea
Mason — Yea
Edwards — Yea
Hanger — Yea
McClellan — Yea
Spruill — Yea
Newman — Yea
Ruff — Yea
Saslaw — Yea
Vogel — Yea
Wagner — Yea
Adam P. Ebbin — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Glen H. Sturtevant, Jr. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea
Scott A. Surovell — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1188 do?
Eliminates the requirement that extended service contract providers file and maintain a bond or letter of credit with the Commissioner of the Department of Agriculture and Consumer Services (VDACS). The bill also (i) requires service contracts to include a disclosure advising a purchaser that he may file a complaint with VDACS if an obligor denies or does not honor a promise made in a contract within 60 days after a request; (ii) authorizes the Commissioner of VDACS, upon receiving a complaint regarding such a request, to investigate whether there has been an improper denial or failure of a purchaser's request and require the obligor to rectify or justify any improper denial or failure; and (iii) authorizes the Commissioner to (a) issue a cease and desist order; (b) deny, suspend, or revoke the obligor's registration; or (c) assess a civil penalty if the denial or failure is not rectified or sufficiently justified. The bill includes procedural provisions concerning the Commissioner's powers to deny, revoke, or suspend an obligor's registration. This bill is identical to
Who sponsors SB 1188?
SB 1188 is sponsored by Rosalyn R. Dance.
What is the current status of SB 1188?
This bill has been enacted into law. Introduced January 03, 2019. Enacted.
Where can I track SB 1188?
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