By Phil Boykin, VBWA President & CEO

Virginia Lawmakers got back to work this week after a delay resulting from the city of Richmond’s water crisis.

The Democratic majorities took up their top priority issues, which were three constitutional amendments to establish reproductive rights, voting rights, and marriage equality. With that, the amendments to go Virginia voters for final approval this November.

This week was the cutoff for filing budget amendments and bills, so we should know by early next week the full picture regarding what legislation is out there. As of this morning (Friday th 17th), there were over 400 bill “slots” left for potential legislation. That doesn’t mean there will be 400 more bills — but there could be. The VBWA reviews all bills and budget amendments for possible impacts to Virginia’s beer wholesalers (monitoring all business bills and those that touch the Alcoholic Beverage Control) and we share with our Board of Directors for input.

Until then, listed here are highlights of ABC and business-related legislation of interest to beer wholesalers introduced to date. Should you want more details, you can go directly to the bill summary, bill history, and bill text by clicking the bill number.

ABC Advertising

SB909 (Stanley): Alcohol/Nicotine Advertising at Motor Speedways

Sen. Bill Stanley (R-Franklin) wants to remove a long-standing prohibition of advertising alcohol and nicotine products at motor sports facilities.

• The latest: The bill will be heard next week in committee.
• VBWA position: Opposed. We recognize this is a complicated issue, but we have concerns that the bill would increase marketing to underage consumers, as well as open the door to allowing for alcohol advertising that is currently prohibited in other sports and entertainment venues.

HB1981 (Helmer): Alcohol Sales Based Fundraisers

After running into issues with ABC for trying to tie beer sales to charitable donations for hurricane relief, the Virginia Craft Brewers Guild asked Del. Dan Helmer (D-Fairfax) to help them with a fix.

• The latest: Realizing the legislation is not ready for “primetime,” the measure is not expected to be heard by the committee. We may see an ABC workgroup on the matter this summer, of which the VBWA will be part. The issue otherwise appears dead for the session.

ABC Enforcement

HB1925 (Ward) and SB1297 (Craig): Shoplifting Enforcement

After years of relying on local law enforcement to handle policing of shoplifting in their retail stores, ABC is getting pushback from local law enforcement who resent having to dedicate resources to an entity with its own law enforcement division. The bill patrons are Del. Jeion Ward (D-Hampton) and Sen. Christie New Craig (R-Chesapeake)

• The latest: ABC put a $6 million price tag on this bill, meaning it would need to go through a budget process to survive.
• VBWA position: Monitoring, as it could impact the ability of ABC to enforce trade practice issues.

HB1946 (Hope): Policing Nicotine

Del. Patrick Hope (D-Arlington) has tried for years to give a government entity the ability to license and enforce state and federal laws related to underage sales of nicotine products. HB1946 is his latest attempt in that effort.

• VBWA position: Monitoring. Del. Hope is putting nicotine enforcement under ABC without adequate funding, so it could impact trade practice enforcement.

ABC Tied House Issues

HB1655 (Helmer): Cross-Tier Employment

The Virginia Craft Brewers Guild has long sought to allow their employees to also work at other licensed retailers. A similar bill was introduced and defeated in 2020. VBWA is opposed; we are concerned cross-tier employment would allow brewers to place their people into retail accounts and unduly influence what beers are carried.

• The latest: The bill was heard in the House ABC Subcommittee this week. After testimony from the patron and Guild in favor, the VBWA and Virginia Wine Wholesalers Association spoke in opposition. Various retail groups did not weigh in. The bill died for “lack of a motion,” which means no one motioned to report the bill. Thank you to the distributors who contacted their legislators to oppose the bill.

HB1703 (Bulova) & SB834 (Favola): Tied House Clarification

Both bills are identical and clarifying in nature. They were introduced to protect ABC’s long-standing interpretation of the law that prevents a retailer from carrying product from a manufacturer when there is common ownership. It is feared that the existing rules could be challenged in the courts; therefore, VBWA is getting in front of the issue to modernize the code to reflect current practice. The bills are carried by Del. David Bulova (D-Fairfax) and Sen. Barbara Favola (D-Arlington).

• The latest: There is no known opposition. Both bills passed out of their respective committees of jurisdiction this week with unanimous votes. They head to the House and Senate floor next week, where they will be voted on by both bodies.
• VBWA position: ABC is in favor of the legislation, with the VBWA and Virginia Wine Wholesalers Association strongly in support.

Bottle Bills/E.P.R./Litter Tax

HJ488 (Krizek): Litter Tax Modernization Study

With bottle bill and Extended Producer Responsibility (EPR) legislation being pushed across the nation, we’ve been working with legislators on modernizing the state’s litter tax as a way to counter the proposals. We expected it to be an issue in the 2026 General Assembly, however, Del. Paul Krizek (D-Fairfax) decided to put in a study on the subject this year.

• VBWA position: Joining other industry groups such as the Virginia Bottlers Association, the VBWA Board voted to support the study.

Cannabis

HB2485 (Krizek) & SB970 (Rouse): Cannabis Retail Marketplace

There are multiple bills impacting how the Commonwealth will move forward with cannabis sales. However, the Krizek and Sen. Aaron Rouse (D-Virginia Beach) “marketplace” bills are the most comprehensive to date and the most likely to get to the Governor. Both create a legal framework for a cannabis marketplace. Similar bills passed in the 2024 Session, but were promptly vetoed by Gov. Youngkin. We expect the same this year for any cannabis bills that hit the Governor’s desk.

• The latest: In his State of the Commonwealth Address on Monday, the Governor indeed restated that he would not support a retail market for cannabis.
• VBWA position: Monitoring.

Employment Issues

SB697 (Carroll Foy): Amazon Warehouse Legislation

The Teamsters are pushing legislation that would create a special class of workplace regulations for “warehouse workers.” While Amazon is the target of the proposed legislation from Sen. Jennifer Carroll Foy (D-Fairfax), it would directly impact wholesalers’ businesses. Similar proposals have passed in other states.

• The latest: The bill was heard by Senate Commerce and Labor earlier this week. The patron started off her testimony stating: “This is not about beer and wine distributors, but other bad actors in the marketplace…” After lengthy testimony around Amazon’s practices, the bill was defeated 8-6-1. While dead for now, the patron promises to return next Session with this proposal.
• VBWA position: Opposed.

HB1980 (Martinez): Heat Related Illness

This legislation requires the Safety and Health Codes Board to adopt regulations establishing standards designed to protect employees from heat illness. The bill from Del. Fernando Martinez (D-Loudoun) authorizes a person aggrieved by a violation of its provisions or the regulations promulgated thereunder to seek to obtain injunctive relief, to recover statutory damages of $1,000, or both, in an action commenced within one year of the cause of action. This is not a new issue and being pushed at the federal level as well.

• VBWA position: Monitoring.

HB1766 (Martinez) & HB1767 (Martinez): Unemployment Benefits

Del. Martinez is proposing raising the maximum weekly benefit by $100 and increasing the length of payout to 26 weeks.

• VBWA position: Monitoring for the potential impact on unemployment insurance rates.

HB2481 (Krizek), SB788 (Head),  SB803 (McDougle), SB1112 (Williams-Graves) Workers’ Comp (Repetitive Motion)

Virginia is the last state in the nation to prohibit payout from its workers’ comp program for “repetitive motion” injuries. This is a top priority for labor advocates, so many business groups are pushing a modest proposal to counter their initiatives. The bill is backed by Del. Krizek, Sen. Christopher Head (R-Alleghany), Sen. Ryan McDougle (R-Gloucester), and Sen. Angelia Williams-Graves (D-Norfolk).

• VBWA position: Monitoring.

Taxes

HB1755 (Watts): Taxing Services

Del. Vivian Watts (D-Fairfax) is attempting to modernize the Virginia tax code and capture the service industry.

• VBWA position: Opposed. As drafted, her bill will apply a sales tax on all products delivered to beer wholesalers’ retail accounts. We do not believe that this is the intention of the patron, and are discussing with her.

SB970 (Rouse): Second Chances

Sen. Rouse, who is also running for lieutenant governor, is proposing a tax credit for any employer that hires someone previously convicted of a crime and re-entering society.

• The latest: The VBWA voted to support the proposal.
• VBWA position: Support.