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2009 SESSION

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Senate Committee on Commerce and Labor

Chairman: Richard L. Saslaw

Clerk: Cheryl Law
Staff: Frank Munyan
Date of Meeting: January 26, 2009
Time and Place: Monday, January 26, 2009, 1/2 hr. after adj.-SRB, GAB

S.B. 807 Mobile camps; establishes standards for rooms at terminals, etc. provided by a railroad company.

Patron: Lucas

Mobile camps for railroad employees.  Establishes standards for rooms at terminals and headquarters, permanent assembly points, and mobile work camps provided by a railroad company for employees and contractors.  Railroad companies are required to provide drinking water at assembly points where maintenance-of-way employees meet.  The Board of Health is required to adopt regulations concerning mobile camps.  The State Corporation Commission is responsible for investigating reports of failures to comply with the requirements.

A BILL to amend the Code of Virginia by adding in Chapter 6 of Title 32.1 an article numbered 6.1, consisting of sections numbered 32.1-211.1 through 32.1-211.3, and by adding a section numbered 56-129.2, relating to the health and safety of railroad maintenance-of-way employees and contractors; regulation of mobile camps and other facilities.

094401260

S.B. 821 Workers' compensation; presumption that injury arises out of employment. 

Patron: Stuart

Workers' compensation; presumption that injury arises out of employment.  Creates a presumption that a workplace injury results from an accident arising out of employment for purposes of the Workers' Compensation Act if the employee is found dead or to have incurred a brain injury resulting from external mechanical force that impairs the employee's brain function to such an extent that the employee is incapable of recalling the relevant circumstances of the accident.  A judicially created presumption currently exists when an employee is found dead as the result of an accident at his place of work and there is no evidence offered to show what caused the death or to show that he was not engaged in his employer's business at the time.

A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 65.2 a section numbered 65.2-105, relating to a presumption that certain injuries occurring at a workplace arise out of employment.

090686333

S.B. 860 Income tax credit, earned; employers to provide notice to employees that may be eligible.

Patron: Edwards

Notice to employees; earned income tax credit.  Requires employers to post any notice that may be provided by the Department of Social Services informing all employees that they may be eligible for the earned income tax credit. Establishes a fine for noncompliance, which shall be no less than $100 nor more than $250.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:3, relating to employer notice to employee; earned income tax credit.

093184228

S.B. 879 Uninsured motorist insurance; authorizes insurer to assume control of defense of a certain action.

Patron: Martin

Uninsured motorist insurance.  Authorizes an underinsured motorist insurer to assume control, for its own benefit, of the defense of an action involving its underinsured motorist coverage if the insurer for the putative at-fault insured settles, in part, the claims against its insured by payment of its applicable liability limits on behalf of its insured.  The measure, which is based on a South Carolina statute, provides that an underinsured motorist insurer has 30 days after service of process in which to appear and defend in the name of the underinsured motorist an action that may affect its liability.  The evidence of service upon the insurer may not be made a part of the record.  The measure also prohibits an underinsured motorist policy from containing a clause requiring the insurer's consent to settlement with the at-fault party.

A BILL to amend and reenact § 38.2-2206 of the Code of Virginia, relating to uninsured motorist insurance coverage.

089787268

S.B. 910 Automatic dialing-announcing devices; prohibits use of if making commercial telephone solicitation.

Patron: Stuart

Automatic dialing-announcing devices; penalty.  Prohibits callers from using an automatic dialing-announcing device to make a commercial telephone solicitation unless the subscriber has requested, consented to, permitted, or authorized receipt of the message or unless the message is preceded by a live operator who obtains the subscriber's consent before the message is delivered. The measure also requires automatic dialing-announcing devices or other devices that disseminate a prerecorded or synthesized voice message to the number called to disconnect within five seconds after termination of the telephone call. An automatic dialing-announcing device selects and dials telephone numbers and disseminates a prerecorded or synthesized voice message to the telephone number called. A violation of these requirements is a prohibited practice under the Consumer Protection Act. The existing prohibition on using recorded solicitation calls is repealed.

A BILL to amend and reenact § 59.1-200 of the Code of Virginia, to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 44.1, consisting of sections numbered 59.1-518.1 through 59.1-518.4, and to repeal § 18.2-425.1 of the Code of Virginia, relating to the regulation of automatic dialing-announcing devices; penalty.

090687333

S.B. 913 Forest products; removes certain requirements if participating in renewable portfolio standard prog.

Patron: Stuart

Renewable portfolio standards; forest products.  Removes the requirement that utilities participating in a renewable portfolio standard (RPS) program collectively use no more than 1.5 million tons of forest products such as wood chips, bark, sawdust, and trees each year towards meeting RPS goals.

A BILL to amend and reenact § 56-585.2 of the Code of Virginia, relating to forest products.

093074333

S.B. 917 Unemployment compensation; wage offset for concurrent job. 

Patron: Reynolds

Unemployment compensation; wage offset for concurrent job.  Provides that the weekly unemployment benefit to which an eligible individual is otherwise entitled as a result of his separation from a position of employment shall not be reduced by wages payable to the individual from another position that the individual has held continuously at least since the week preceding the job separation.  Currently, such an individual's weekly benefit amount is reduced on a dollar-for-dollar basis by any wages that he earns in that week in excess of $50.

A BILL to amend and reenact § 60.2-603 of the Code of Virginia, relating to unemployment benefits; when amount not affected by concurrent employment.

097601316

S.B. 920 Health insurance; policies to protect the uninsured. 

Patron: Reynolds

Health insurance; policies to protect the uninsured.  Authorizes health insurers, health plans, and health maintenance organizations to offer "Protect the Uninsured" (PTU) policies. PTU polices may be sold to small employers with no more than 50 employees, to provide coverage for their employees who have been uninsured for the preceding six months. The coverage provided under a PTU policy will be determined at the discretion of the health insurer issuing the policy, and specifically is not required to include state-mandated health benefits. This bill is a recommendation of the Small Business Commission.

A BILL to amend and reenact §§ 38.2-4214 and 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 34 of Title 38.2 an article numbered 2.1, consisting of sections numbered 38.2-3419.2 through 38.2-3419.10, relating to insurance policies to protect the uninsured.

090282316

S.B. 921 Health insurance; eliminates all mandated benefits from inclusion in individual policies.

Patron: Reynolds

Mandated benefits; exempt individual policies. Eliminates all mandated benefits from inclusion in individual health insurance policies.

A BILL to amend and reenact §§ 38.2-3409, 38.2-3411, 38.2-3411.1, 38.2-3411.2, 38.2-3411.3, 38.2-3411.4, 38.2-3412.1, 38.2-3414.1, 38.2-3418, 38.2-3418.1, 38.2-3418.1:2, 38.2-3418.2, 38.2-3418.3, 38.2-3418.4, 38.2-3418.5, 38.2-3418.6, 38.2-3418.7, 38.2-3418.7:1, 38.2-3418.8, 38.2-3418.9, 38.2-3418.10, 38.2-3418.11, 38.2-3418.12, 38.2-3418.13, and 38.2-3418.14 of the Code of Virginia, relating to mandated benefits; exempt individual policies.

090290316

S.B. 945 Group life insurance; allows coverage to be extended to insure any class of persons.

Patron: Howell

Group life insurance coverage.  Allows coverage under a group life insurance policy to be extended to insure any class of persons as may mutually be agreed upon by the insurer and the group policyholder.

A BILL to amend and reenact § 38.2-3323 of the Code of Virginia, relating to group life insurance coverages.

090049248

S.B. 964 Health insurance; requires health insurer, etc., to calculate amount based on actual charge.

Patron: Blevins

Health insurance; cost-sharing calculations.  Requires a health insurer, health services plan, or health maintenance organization, when calculating the coinsurance obligation or other percentage of the cost of covered services provided to its insured, subscriber, or enrollee, to calculate the amount based on an amount not to exceed the provider's actual charge for the service when (i) the health insurer, health services plan, or health maintenance organization has agreed to pay the provider a fixed rate or charge for the covered service without regard to the provider's actual charge for the service and (ii) the provider's actual charge for the service is less than the fixed rate or charge for the covered service that the insurer, health services plan, or health maintenance organization has agreed to pay to the provider.  In addition, persons covered under a managed care health insurance plan shall not be liable to the provider for any amount, other than any required copayment, in excess of the specified percentage of the cost of the covered service that is calculated based upon an amount not to exceed the provider's actual charge for the service provided to the covered person.  Currently, a health insurer, health services plan, or health maintenance organization is required to calculate such amount based upon an amount that does not exceed the amount paid or payable to the provider.

A BILL to amend and reenact §§ 38.2-3407.3 and 38.2-5805 of the Code of Virginia, relating to accident and sickness insurance; cost-sharing provisions.

090015204

S.B. 976 Basic health benefit plans; requires health insurer, etc., to offer to eligible individuals.

Patron: Stuart

Basic health benefit plans.  Requires every health insurer, health maintenance organization, and corporation providing accident and sickness subscription contracts, as a condition of transacting business in Virginia, to offer to eligible individuals a basic health benefit plan. Eligible individuals are residents of the Commonwealth that have a family income that does not exceed 150 percent of the federal poverty level, have not been insured within the preceding six months, and are not eligible for coverage under certain government-sponsored health plans. Coverage under a basic health insurance policy provides benefits of at least 75 percent of necessary, reasonable, and customary charges for medical care, including hospitalization, surgery, physician services, emergency services, diagnostic tests, with a minimum annual deductible of $5,000 for the eligible individual and $10,000 for the eligible individual and dependent coverage, with maximum annual amount out-of-pocket limits for co-payments, co-insurance, deductibles, and other cost-sharing arrangement of $10,000 for the eligible individual and $20,000 for the eligible individual and dependents, and with maximum lifetime benefits of at least $1 million. Such a policy will not provide benefits for routine physician visits, prescription drugs, or dental treatment, or for any mandated benefit.

A BILL to amend the Code of Virginia by adding in Chapter 34 of Title 38.2 an article numbered 6, consisting of sections numbered 38.2-3438 through 38.2-3444, relating to basic health benefit plans.

098048333

S.B. 996 Payday Loan Act; repealed limiting interest at maximum annual rate of 36 percent.

Patron: Miller, J.C.

Payday loans; permitted interest.  Repeals provisions of the Payday Loan Act that authorize lenders to charge a loan fee or verification fee, thereby limiting permissible charges on payday loans to simple interest at a maximum annual rate of 36 percent.

A BILL to amend and reenact §§ 6.1-459, 6.1-460, and 6.1-461 of the Code of Virginia, relating to charges on payday loans.

098395275

S.B. 1013 Crash prevention courses; to be delivered via Internet or other electronic means if approved by DMV.

Patron: Edwards

Motor vehicle insurance rate reductions; crash prevention courses. Provides that certain motor vehicle crash prevention courses may be delivered via the Internet or other electronic means so long as they have been approved by the Department of Motor Vehicles.

A BILL to amend and reenact § 38.2-2217 of the Code of Virginia, relating to reduction in rates for certain persons attending motor vehicle crash prevention courses.

093836228

S.B. 1044 Insurers; SCC with discretion to prescribe method of filing annual statements.

Patron: Miller, Y.B.

Insurers; annual statements.  Provides the State Corporation Commission with discretion to prescribe the method of filing annual statements that will be required for each type of insurer, including a requirement for insurers to submit filings electronically through the National Association of Insurance Commissioners.  Currently, annual statements are required to be mailed to the Commission. 

A BILL to amend and reenact § 38.2-1300 of the Code of Virginia, relating to annual statements of insurers.

090041864

S.B. 1047 Workers' Compensation; hypertension, etc. causing death, etc. Port Authority police is compensable.

Patron: Miller, Y.B.

Workers' Compensation; occupational disease presumption; police officers of the Virginia Port Authority.  Establishes a presumption that hypertension or heart disease causing the death or disability of a sworn Virginia Port Authority police officer is an occupational disease compensable under the Workers' Compensation Act.

A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to Workers' Compensation; occupational disease presumptions; Virginia Port Authority police officers.

098449828

S.B. 1116 Health insurance; mandated coverage for prosthetic devices and components.

Patron: Ticer

Health insurance; mandated coverage for prosthetic devices and components.  Requires health insurers, health care subscription plans, and health maintenance organizations to provide coverage for the cost of prosthetic devices and components. The measure also requires that the health insurance plan for state employees include coverage for the cost of prosthetic devices and components.

A BILL to amend and reenact §§ 2.2-2818 and 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3418.15, relating to health insurance coverage for prosthetic devices and components.

098364336

S.B. 1169 Consumer Protection Act; foreclosure rescues.

Patron: Watkins

Virginia Consumer Protection Act; foreclosure rescues.  Provides that the prohibition on fraudulent acts or practices committed by a supplier in a consumer transaction involving residential real property owned and occupied as the primary dwelling unit of the owner applies when the supplier of service to avoid or prevent foreclosure charges or receives a fee (i) prior to the full and complete performance of the services it has agreed to perform, if the transaction does not involve the sale or transfer of residential real property, or (ii) prior to the settlement on the sale or transfer of residential real property, if the transaction involves the sale or transfer of the property.  Currently, any practice where a supplier of a foreclosure avoidance or prevention service is to be paid a fee prior to the settlement on a sale of residential real property is prohibited, regardless of whether the fee is charged or collected as part of the transaction involving a sale of the property.

A BILL to amend and reenact § 59.1-200.1 of the Code of Virginia, relating to prohibited practices under the Virginia Consumer Protection Act; foreclosure rescue.

090523806

S.B. 1170 Mortgage Lender and Broker Act; SCC to request Attorney Gen. to investigate violations thereunder.

Patron: Watkins

Mortgage Lender and Broker Act.  Authorizes the State Corporation Commission to request the Attorney General to investigate violations of prohibited practices under the Mortgage Lender and Broker Act. The measure also provides that nothing in the Act shall be construed to preclude any person who suffers loss as a result of a violation of the prohibited practices from maintaining an action to recover damages or restitution. Finally, the measure deletes the existing exemption for mortgage lenders from the Virginia Consumer Protection Act.

A BILL to amend and reenact §§ 6.1-430, 6.1-431, and 59.1-199 of the Code of Virginia, relating to the Mortgage Lender and Broker Act; authority of Attorney General; private actions; application of Virginia Consumer Protection Act to mortgage lenders.

090120806

S.B. 1171 Mortgage loan originators; establishes licensure and registry therefor.

Patron: Watkins

Mortgage loan originators. Defines mortgage originator; establishes licensure and registry for originators in conjunction with the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008; and coordinates Virginia actions with the Nationwide Mortgage Licensing System and Registry, a system developed and maintained by the Conference of State Bank Supervisors that includes background checks and educational requirements.

A BILL to amend the Code of Virginia by adding in Title 6.1 a chapter numbered 16.1, consisting of sections numbered 6.1-431.1 through 6.1-431.21, relating to mortgage loan originators.

097433348

S.B. 1172 Mortgage Lender and Broker Act; requires lenders and brokers to conduct background checks.

Patron: Watkins

Mortgage Lender and Broker Act; employee background checks and training. Repeals provisions enacted in 2008 that require licensed mortgage lenders and brokers (i) to conduct background checks on employees who may have access to or process personal identifying or financial information from a member of the public and (ii) to ensure that their employees are properly trained in applicable state and federal mortgage lending laws and regulations.

A BILL to repeal §§ 6.1-423.1 and 6.1-423.2 of the Code of Virginia, relating to the Mortgage Lender and Broker Act; employee background checks and training.

090036348

S.B. 1220 Securities Act; sale of business doctrine. 

Patron: Obenshain

Securities Act; sale of business doctrine.  Exempts transfers of securities in connection with a sale of business transaction from the provision of the Securities Act that imposes civil liability on sellers of certain securities. The measure provides that a "security" does not include an instrument representing an ownership interest in an entity when all of, or a controlling interest in, the entity is transferred in a sale of business transaction, regardless of whether the interest bears the characteristics typically associated with stock or other securities. A sale of business transaction is defined as a transfer of all of, or a controlling interest in, the ownership interests of an entity incident to the sale of a commercial venture to a purchaser who will manage or direct the management of the commercial venture and who does not acquire the commercial venture's ownership interests primarily as an investment in a common venture premised on a reasonable expectation of profits to be derived from the entrepreneurial or managerial efforts of others.

A BILL to amend and reenact §§ 13.1-501 and 13.1-522 of the Code of Virginia, relating to the application of the Securities Act to certain sales of businesses.

090132288

S.B. 1253 Electric service; prohibits electric utilities from charging public schools for service provided.

Patron: Deeds

Electric service provided to public schools and libraries.  Prohibits electric utilities from charging public schools and libraries for service provided to them.

A BILL to amend the Code of Virginia by adding a section numbered 56-236.3, relating to electrical service provided to public schools and libraries.

098715220

S.B. 1273 Electric utility regulation; SCC to determine rates of investor-owned electric utilities.

Patron: Vogel

Electric utility regulation. Revises the procedures for setting the rates of investor-owned electric utilities. The State Corporation Commission (SCC) shall determine rates, for each investor-owned incumbent utility, that are just, reasonable, and nondiscriminatory. Proceedings shall be governed by the provisions of Chapter 10 of Title 56 and shall provide fair rates of return on common equity applicable to the generation and distribution services of the utility. The SCC may use any methodology to determine rates of return it finds is consistent with the public interest. In subsequent biennial reviews, the SCC may order changes in the utility’s rates to ensure that such rates continue to be just, reasonable and nondiscriminatory. Rates, terms and conditions for each service shall be reviewed separately on an unbundled basis, and such reviews shall be conducted in a single, combined proceeding. In the initial rate proceeding, the SCC is required to direct each incumbent electric utility to refund to retail customers the amount by which its actual stranded cost recoveries under capped rates exceeded the stranded costs actually incurred by the utility, which refunds shall be based on customer usage in 2008. Provisions applicable to rate caps shall not be applicable to incumbent electric utilities after the SCC's establishment of new rates. The measure repeals provisions that (i) established parameters in setting the rate of return on equity, (ii) authorize utilities to seek rate adjustment clauses for specific costs on a stand-alone basis, (iii) direct the SCC to approve an enhanced rate of return for certain generation facilities, and (iv) establish various other checks on the utility's rates.

A BILL to amend and reenact §§ 56-577, 56-582, 56-584, 56-585.1, 56-585.2, and 56-585.3 of the Code of Virginia relating to the regulation of electric utilities.

098634338

S.B. 1346 Coastal Energy Research Consortium; makes certain technical corrections to membership.

Patron: Wagner

Virginia Coastal Energy Research Consortium.  Makes certain technical corrections to the membership of the Consortium; specifies the eligibility of certain parties to be appointed to the board of directors; adds the Director of the Department of Environmental Quality as a member of the board of directors; broadens one of the responsibilities of the Consortium from researching "the feasibility of recovering fuel gases from methane hydrates and increasing the Commonwealth's reliance on other forms of coastal energy" to "the feasibility of increasing the Commonwealth's reliance on all domestic forms of coastal energy."

A BILL to amend and reenact §§ 67-600 through 67-604 of the Code of Virginia, relating to Virginia Coastal Energy Research Consortium.

093099340

S.B. 1427 Energy Plan; promotes use of sustainable biofuels that rely on nonfood feedstocks.

Patron: Hanger

Virginia Energy Plan; biofuels made from nonfood crops. Amends the Virginia Energy Plan to promote the use of sustainable biofuels that rely on nonfood feedstocks.

A BILL to amend and reenact §§ 67-101 and 67-102 of the Code of Virginia, relating to the Virginia Energy Plan; biofuels made from nonfood feedstocks.

095849232

S.B. 1470 Payday lenders; prohibits any person licensed under Payday Loan Act from making open end loan.

Patron: Saslaw

Open-end loans by payday lenders.  Prohibits any person licensed as a lender under the Payday Loan Act from making an open-end loan pursuant to the provision that currently allows any seller or lender to extend credit under an open-end credit or similar plan at any rate of interest and fees that the parties agree, as long as the obligor is provided a 25-day interest-free grace period.  An extension of credit that violates this prohibition is declared to be unenforceable against the borrower.

A BILL to amend and reenact § 6.1-330.78 of the Code of Virginia, relating to a prohibition on certain lenders extending credit under open-end credit plans.

090116324