SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2009 SESSION

  • print version
Senate Committee on Commerce and Labor

Chairman: Richard L. Saslaw

Clerk: Cheryl Law
Staff: Frank Munyan
Date of Meeting: February 23, 2009
Time and Place: Monday/Immediately upon adjournment/Senate Room B/GAB

H.B. 1709 Payday lenders; prohibited from making an unsecured loan, etc., with interest rate in excess of 36%.

Patron: Oder

Payday loans.  States that any unsecured loan or extension of credit with an annual interest rate in excess of 36 percent, that involves the licensee holding a check, or the borrower granting the licensee the right to obtain funds electronically through an automated clearing house, shall be deemed to be a payday loan. 

A BILL to amend and reenact § 6.1-463 of the Code of Virginia, relating to lending activities of payday lenders.

090177668

H.B. 1982 Insurance; makes forms for commercial automobile policies written to large risks eligible.

Patron: McClellan

Insurance; large commercial risks.  Makes forms for commercial automobile insurance policies that are written to large commercial risks eligible for the exemption that currently exists for other insurance of large commercial risks. Currently, forms for writing commercial automobile insurance policies are excluded from the provision that exempts insurance of large commercial risks from requirements that policy forms be filed with, and approved by, the State Corporation Commission. The measure also provides that any officer of the large commercial risk is authorized to sign the required certification regarding compliance with certain requirements; currently, its chief executive officer must sign the certification.

A BILL to amend and reenact § 38.2-1903.1 of the Code of Virginia, relating to policy forms and rates used in the insurance of large commercial risks.

090062624

H.B. 1994 Renewable portfolio standard program; establish goal for investor-owned incumbent electric utility.

Patron: Bulova

Renewable portfolio standard program.  Establishes a goal for investor-owned incumbent electric utilities to have 15 percent of their total electric energy sales in the base year be from renewable energy sources in calendar year 2025. Currently, such a utility may participate in the voluntary renewable energy portfolio standard program if it demonstrates that it has a reasonable expectation of achieving 12 percent of its base year electric energy sales from certain renewable energy sources during calendar year 2022. A participating utility that meets the specified percentage goals is eligible for performance incentives that increase the fair combined rate of return on common equity and provide an enhanced rate of return on costs associated with the construction of renewable energy generation facilities.

A BILL to amend and reenact § 56-585.2 of the Code of Virginia, relating to the sale of electricity from renewable sources through a renewable portfolio standard program.

098270444

H.B. 2024 Health insurance, basic; allows insurers to offer & sell group policies to those without coverage.

Patron: Marshall, D.W.

Availability of basic health insurance.  Allows health insurers to offer and sell group health insurance policies or contracts that do not include state mandated health insurance benefits to employers with 50 or fewer employees in order to provide coverage for employees who have been uninsured during the preceding six months. Such a group policy or contract may include any, or none, of the state-mandated health benefits as the health insurer and the small employer agree. The measure also provides that a plan of correction prepared by a holder of a certificate of public need for a medical care facility may allow the holder to satisfy the conditions of the certificate regarding the provision of charity care by (i) making direct payments to an organization authorized under a memorandum of understanding with the Department of Health to receive contributions satisfying conditions of a certificate, or (ii) making direct payments to a private nonprofit foundation that funds basic insurance coverage for indigents authorized under a memorandum of understanding with the Department to receive contributions satisfying conditions of a certificate. Finally, the measure states that a health insurance policy or subscription contract may include caps or limits on the total annual or lifetime benefits provided thereunder at specified dollar amounts, which statement is declarative of existing law. Health insurers offering plans under this act are required to report annually to the Bureau of Insurance on the number of small employers and individuals using plans that do not offer mandated benefits, which information shall be compiled, evaluated, and submitted to the Governor and General Assembly. If a plan includes health care services covered by the plan that may be provided by a health care provider who is not a physician, the plan allows for the reimbursement of such covered services by such provider. HB 2209 is incorporated.

A BILL to amend and reenact §§ 32.1-102.4 and 38.2-4214 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 38.2-3406.1 and 38.2-3406.2, relating to increasing the availability of basic health insurance coverage in the Commonwealth.

090206612

H.B. 2111 Workers' Compensation; adds sworn Port Authority police officers to those entitled to presumption.

Patron: Spruill

Workers' Compensation; infectious disease presumption; police officers of the Virginia Port Authority.  Adds sworn Virginia Port Authority police officers to those public safety employees who are entitled to the presumption that certain infectious diseases are occupational diseases compensable under the Workers' Compensation Act.

A BILL to amend and reenact § 65.2-402.1 of the Code of Virginia, relating to Workers' Compensation; occupational disease presumption for Virginia Port Authority police officers.

098451828

H.B. 2126 Employing illegal aliens; relocate provision requiring cancellation of limited liability companies.

Patron: Byron

Business entities; employing illegal aliens.  Relocates provisions that require the cancellation of limited liability companies, limited partnerships, and business trusts, whether domestic or foreign, upon conviction for violating federal law for actions of its members or managers constituting a pattern or practice of employing unauthorized aliens in the Commonwealth, to sections of the Limited Liability Company Act, Limited Partnership Act, and Business Trust Act that were enacted in 2008 to provide for the involuntary cancellation of the existence of a limited liability company, limited partnership, and business trust, and the registration of their foreign counterparts. The measure has an emergency clause and will become effective on April 1, 2009, which is the effective date of the business entity provisions enacted in 2008.

A BILL to amend and reenact §§ 13.1-1046 as it shall become effective, 13.1-1050.3 as it shall become effective, 13.1-1056, 13.1-1056.2 as it shall become effective, 13.1-1234 as it shall become effective, 13.1-1238.2 as it shall become effective, 13.1-1246, 13.1-1246.2 as it shall become effective, 50-73.49 as it shall become effective, 50-73.52:6 as it shall become effective, 50-73.58, and 50-73.58:2 as it shall become effective, of the Code of Virginia, relating to business entities convicted of employing unauthorized aliens in the Commonwealth.

090076864

EMERGENCY

H.B. 2127 Bank accounts, minors'; authorizes bank to establish deposit account in which minors are sole owner.

Patron: Byron

Minors' bank accounts.  Authorizes banks to establish deposit accounts for minors, in which accounts minors will be the sole owner and may make deposits and withdrawals. A bank may act with respect to such an account on the minor's order. The measure modernizes archaic provisions and adopts the language in a similar provision applicable to such accounts at savings institutions.

A BILL to amend and reenact § 6.1-74 of the Code of Virginia, relating to bank deposits of minors.

096679448

H.B. 2152 Stand-by service charges; SCC to adopt regulations requiring rates charged by electric utility.

Patron: Rust

Stand-by service charges for renewable distributed electrical generation.  Directs the State Corporation Commission to adopt regulations that require an electric utility to provide a rate for stand-by service to customers that operate a cogeneration facility that generates renewable power. The regulation shall allow the utility to recover all of the costs related to the provision of the stand-by service.

A BILL to amend the Code of Virginia by adding a section numbered 56-235.1:1, relating to electric rates for stand-by service for certain renewable cogeneration facilities.

090202708

H.B. 2155 Electric utility service; net energy metering.

Patron: Toscano

Net energy metering.  Authorizes utilities to elect a capacity limit for participation by nonresidential customers in the net energy metering program that exceeds the existing limit of 500 kW. The measure also permits customers who are served on time-of-use tariffs that have electricity supply demand charges contained within the electricity supply portion of the time-of-use tariff to participate as customer-generators. In addition, the measure provides that a participating customer-generator owns any renewable energy certificate associated with its generation of electricity, and provides for a one-time option to sell the certificates to its supplier at a rate established by the State Corporation Commission. The utility's costs of acquiring the certificates shall be reasonable under the Renewable Energy Portfolio Standard rate adjustment clause or through the supplier's fuel adjustment clause. HB 1705 is incorporated.

A BILL to amend and reenact § 56-594 of the Code of Virginia, relating to electric utility service; net energy metering.

090210752

H.B. 2171 Agricultural waste; excludes any farm, etc., that owns & operates facilities within State.

Patron: Vanderhye

Electrical generation from agricultural waste.  Excludes any farm or aggregation of farms that owns and operates facilities within the Commonwealth for the generation of electric energy from waste-to-energy technology, including methane digesters, from regulation as a public utility, public service corporation, or public service company. To be eligible for such designation, a person must obtain at least 51 percent of its annual gross income from agricultural operations and produce the agricultural waste that is used as feedstock in the generation of the electricity. Such generator will be permitted to interconnect to the electric grid in accordance with regulations to be adopted by the State Corporation Commission. The measure also provides that such generators of electricity shall not be considered "manufacturers" under any provision of the Code of Virginia.

A BILL to amend and reenact §§ 56-1, 56-88, 56-232, and 56-265.1 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 1-222.1 and 56-594.1, relating to farms that generate electricity from agricultural waste using waste-to-energy technology.

090185762

H.B. 2172 Renewable energy sources; location of facilities for distribution of electricity, steam, etc.

Patron: Hogan

Interconnection of renewable generation facilities.  Establishes procedures for the operator of an eligible non-utility renewable energy facility that produces not more than 2 megawatts of electricity from a renewable energy source, not more than 5,000 mmBtus/hour of steam from a renewable energy source, or landfill gas from a solid waste management facility, to connect the facility to the transmission grid pipeline or to customers, as applicable, by co-locating distribution facilities with those of public service corporations and by occupying public rights-of-way through a procedure that requires the payment of a public rights-of-way use fee to the affected locality or the Department of Transportation.

A BILL to amend and reenact §§ 56-15, 56-17, and 56-259 of the Code of Virginia and to amend the Code of Virginia by adding in Title 67 a chapter numbered 11, consisting of sections numbered 67-1100 through 67-1110, relating to the location of facilities for the distribution of electricity and steam generated from renewable energy sources and of landfill gas.

090192536

H.B. 2175 Energy projects, small renewable; DEQ to develop permit by rule for construction & operation.

Patron: Hogan

Small renewable energy projects; penalty.  Directs the Department of Environmental Quality to develop a permit or permits by rule for the construction and operation of small renewable energy projects that have a maximum capacity of 100 megawatts if they generate electricity from sunlight, wind, or falling water, wave motion, tides, or geothermal power, or 20 megawatts if they generate electricity from biomass, energy from waste, or municipal solid waste. A small renewable energy project for which such a permit by rule has been issued will be exempt from requirements that the State Corporation Commission permit its construction and operation. Violations are subject to civil and criminal penalties. HB 2525 is incorporated.

A BILL to amend and reenact §§ 56-46.1 and 56-580 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 11.1 of Title 10.1 an article numbered 5, consisting of sections numbered 10.1-1197.5 through 10.1-1197.11, relating to permits for certain renewable energy projects; penalty.

090174536

H.B. 2222 Limited liability companies; domestications and cancellations thereof.

Patron: Alexander

Limited liability companies; domestication; dissolution.  Requires a limited liability company's surrender of articles of organization to set forth that the plan of domestication was approved by the limited liability company in accordance with law. The measure also provides for the cancellation of the existence of a professional limited liability company in the same manner applicable to other limited liability companies.

A BILL to amend and reenact §§ 13.1-1078 and 13.1-1116 of the Code of Virginia, relating to domestications and cancellations of limited liability companies.

090077864

H.B. 2262 Mortgage Lender and Broker Act; authorizes SCC to request Attorney General to investigate violation.

Patron: Kilgore

Mortgage Lender and Broker Act. Provides that no person in the business of originating residential mortgage loans shall use any deception, fraud, false pretense, false promise, or misrepresentation in connection with a mortgage loan transaction and authorizes the Attorney General to investigate any such violations. The Attorney General may bring an action in circuit court to enjoin any such violations. If a person is found to have committed a willful violation, the Attorney General may recover a civil penalty of not more than $2,500 per violation. The Attorney General may also recover damages, restitution on behalf of borrowers, other costs and expenses, and attorney fees. The bill does not create a private right of action in favor of any person aggrieved by a violation.

A BILL to amend and reenact § 6.1-430 of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered 6.1-430.1, relating to the Mortgage Lender and Broker Act.

090335588

H.B. 2268 Renewable energy; definition thereof.

Patron: Poindexter

Definition of renewable energy.  Provides that the term "biomass," as used in the definition of renewable energy for purposes of Chapter 23 of Title 56, shall be liberally construed. The measure also provides that the term "renewable energy" shall include the proportion of the thermal or electric energy from a facility that results from the co-firing of biomass.

A BILL to amend and reenact § 56-576 of the Code of Virginia, relating to the definition of renewable energy.

090216687

H.B. 2371 Rates; SCC to conduct proceeding relating thereto for certain sales of electric power to customers.

Patron: Nutter

Electric utilities; pilot proceeding for rate initiatives.  Directs the State Corporation Commission to conduct a proceeding to establish requirements relating to the implementation by participating utilities, as part of a limited pilot program or programs, for rate initiatives addressing (i) dynamic rates, (ii) stand-by rates, (iii) interruptible service rates, and (iv) rates at which participating utilities are obligated to purchase electricity from renewable generators.

A BILL to direct the State Corporation Commission to conduct a proceeding relating to rates for certain sales of electric power to certain customers, including dynamic rates, standby rates, interruptible rates, and rates for purchases of electricity generated from certain renewable sources.

090171660

H.B. 2430 Electronic delivery of insurance notices; authorizes insurers to electronically transmit.

Patron: May

Electronic delivery of insurance notices.  Authorizes property, casualty, life, and certain other types of insurers to electronically transmit notices, other than notices of cancellation or termination of a policy, to insureds if the insureds consent. If the parties agree to conduct business by electronic means, the agency of record shall be notified. Copies of electronic notifications are also required to be transmitted to the agent of record not more than 72 hours after the notice is transmitted to the insured.

A BILL to amend and reenact §§ 38.2-231, 38.2-2113, 38.2-2114, 38.2-2208, and 38.2-2212 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 3 of Title 38.2 a section numbered 38.2-325, relating to the provision of certain insurance notices by electronic transmission.

090213636

H.B. 2445 Stock and Nonstock Corporation Acts; conforms provisions and makes technical amendments.

Patron: Sickles

Stock and nonstock corporations.  Conforms provisions of the Stock and Nonstock Corporation Acts regarding names, mergers, and terminations with similar provisions applicable to other business entity forms, and makes technical amendments. An uncodified provision enacted in 1946 that prohibits the use of the word "redevelopment" in a corporate name that is not organized as an urban redevelopment corporation is set out. Other provisions (i) allow the filing of a foreign instrument of entity conversion to be filed without payment of a qualified foreign corporation’s annual registration fee on or before the due date, similar to the treatment afforded to a Virginia corporation that converts to a Virginia limited liability company; (ii) provide an exception to the requirement that a plan of merger, which is subject to an amendment, include certain provisions to protect shareholders when the plan of merger provides that the approval of all of the shareholders is required for the plan’s amendment; (iii) require articles of merger to include a statement that the plan of merger was adopted by the directors if shareholder approval is not required and provide that the articles are to include the date the plan was adopted by the corporation, regardless of the method of adoption; (iv) relocate § 13.1-893.1 from Article 10 to Article 11 of the Nonstock Corporation Act; and (v) conform provisions of the Water and Waste Authorities Act to the corporate law provisions regarding the termination of corporate existence.

A BILL to amend and reenact §§ 13.1-615, 13.1-630, 13.1-716, 13.1-720, 13.1-815, 13.1-829, 13.1-893.1, 13.1-896, and 15.2-5109 of the Code of Virginia, relating to stock and nonstock corporations; fees, names, mergers; terminations.

090161736

H.B. 2446 Motor fuels and lubricating oils; updates referenced standard for testing thereof.

Patron: Sickles

Motor fuels.  Updates the referenced standard for testing by the Commissioner of Agriculture and Consumer Services of motor fuel or lubricating oil.  The measure incorporates by reference the specifications established by ASTM International and incorporated into the ASTM specifications that apply to the inspection and testing, but not to methods of sale, of motor fuel.  The measure revises the definitions of motor fuel and oxygenated gasoline, and replaces several references to "gasoline" with "motor fuel."

A BILL to amend and reenact §§ 59.1-149, 59.1-151, 59.1-153, 59.1-155, 59.1-156, and 59.1-163 of the Code of Virginia, relating to motor fuels and lubricating oils.

090114810

H.B. 2454 Uniform Commercial Code; financing statements.

Patron: Sickles

Uniform Commercial Code; financing statements.  Provides that a financing statement in connection with a secured transaction sufficiently provides the name of the individual debtor if it provides the individual's name shown on the individual's driver's license or identification card issued by the individual's state of residence. SB 1100 is identical.

A BILL to amend and reenact § 8.9A-503 of the Code of Virginia, relating to Uniform Commercial Code; secured transactions; financing statements.

090086736

H.B. 2467 Life insurance; funding preneed funeral contracts.

Patron: Morgan

Funding preneed funeral contracts with life insurance.  Requires that life insurance policies, annuity contracts, and certificates issued in connection with group life insurance policies or group annuity contracts specify the means by which face amount adjustments will be made, and benefits payable upon death will be adjusted, when they will be used to fund preneed funeral contracts. The measure also requires insurers proposing to issue life insurance policies or annuity contracts for purposes of funding preneed funeral contracts to disclose clearly their intended purpose and market when the forms are submitted for State Corporation Commission approval.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3100.3, relating to life insurance or annuity contracts; funding preneed funeral contracts.

090038652

H.B. 2495 Child labor; permits children 17 years of age satisfying enumerated criteria to drive automobiles.

Patron: Alexander

Child labor; driving automobiles and trucks.  Permits children at least 17 years of age to drive automobiles or trucks on public roadways if enumerated criteria are satisfied, including requirements that the vehicle's gross weight not exceed 6,000 pounds, the driving occur in daylight hours, and the driving occur within 30 miles of the place of employment. Currently, 17-year-olds may not be employed as a driver or helper on a truck or commercial vehicle with more than two axles.

A BILL to amend and reenact § 40.1-100 of the Code of Virginia, relating to prohibited employment for children.

094464812

H.B. 2506 Energy efficiency programs; investor-owned electric utilities to recover costs of designing, etc.

Patron: Pollard

Energy efficiency programs.  Authorizes investor-owned electric utilities to recover, through a rate adjustment clause, the costs of designing and operating energy efficiency programs that have the effect of producing measured and verified reductions in the amount of electricity required. The utility may earn a general rate of return on energy efficiency programs. The State Corporation Commission may allow for the recovery of reductions in revenue related to energy efficiency programs, to the extent the revenue is not recovered through off-system sales. The costs of new energy efficiency programs shall not be assigned to any large general service customer that has implemented energy efficiency measures. HB 2176 is incorporated.

A BILL to amend and reenact §§ 56-576, 56-585.1, and 56-585.3 of the Code of Virginia, relating to base rates of return for certain types of electrical generation.

090218690

H.B. 2515 Workers' Compensation Act; increases maximum tax rate that may be assessed on uninsured, etc.

Patron: Tata

Workers' Compensation Act; uninsured employer's fund.  Increases the maximum tax rate that may be assessed on uninsured or self-insured employers from 0.25 percent to 0.5 percent. The revenues from the tax fund workers' compensation benefits that are awarded against such employers from the uninsured employer's fund.  The measure sunsets on July 1, 2012.

A BILL to amend and reenact § 65.2-1201 of the Code of Virginia, relating to financing the uninsured employer's fund established under the Workers' Compensation Act.

090047872

H.B. 2519 Electric utilities; SCC to establish procedures regarding refunds of moneys collected.

Patron: Phillips

Electric utilities; over-recovery of fuel costs.  Requires the State Corporation Commission (SCC) to review fuel costs if it approves an increase in fuel factor charges that would increase the total rates of residential customers by more than 20 percent, which review shall be conducted within 6 months after the effective date of the increase. If the Commission finds that the utility is in an over-recovery position with respect to its fuel costs by more than 5 percent, it may reduce the fuel costs.

A BILL to amend and reenact § 56-249.6 of the Code of Virginia, relating to electric utilities; fuel factor increases.

090217680

H.B. 2531 Electricity; SCC to conduct proceeding to determine appropriate energy conservation, etc.

Patron: Kilgore

Demand-side management, energy conservation, energy efficiency, and demand reduction.  Directs the State Corporation Commission (SCC) to conduct a proceeding to determine achievable, cost-effective energy conservation and demand response targets that can be accomplished through demand-side management portfolios administered by generating electric utilities. The measure directs the SCC's cost-benefit analysis to take into consideration certain data on program costs and avoided costs and to consider standard industry-recognized tests. The SCC is required to report to the Governor and the General Assembly by November 15, 2009. The measure also requires the SCC to approve a demand-side management program that is proposed by a certain generating electric utility or a qualified nonutility provider if certain conditions are satisfied. The Department of Environmental Quality, in consultation with the SCC and Department of Mines, Minerals and Energy, is required to adopt regulations that exempt certain customers from the major and minor new source review regulations during verifiable peak shaving periods, to create a class or classes of general permits that would create the same exemptions, or both. The measure also directs the Air Pollution Control Board to adopt a general permit or permits for the use of back-up generation, in order to allow emergency generation sources to operate during periods that the independent system operator has notified electric utilities that an emergency exists or may occur. HB 2000 is incorporated. SB 1348 is identical.

A BILL to amend the Code of Virginia by adding a section numbered 10.1-1307.2 and to direct the State Corporation Commission to conduct a proceeding to determine appropriate energy conservation and demand response targets that can realistically be accomplished through demand-side management portfolios and other energy conservation, energy efficiency, and demand-side management programs to be administered by generating electric utilities, and directing the Department of Environmental Quality to adopt regulations providing exemptions to certain air quality requirements.

090176588

H.B. 2576 Solid waste; electricity generated therefrom.

Patron: May

Electricity generated from solid waste.  Expands the definition of a "qualifying project" under the Public-Private Education Facilities and Infrastructure Act of 2002 to include any solid waste management facility that produces electric energy derived from solid waste.

A BILL to amend and reenact § 56-575.1 of the Code of Virginia, relating to electricity generated from solid waste.

090214620

H.B. 2629 Antifreeze bittering agent; engine coolant, etc., manufactured after Jan. 1, 2011, must contain.

Patron: Cox

Antifreeze bittering agent; penalty. Requires that any engine coolant or antifreeze that is manufactured after January 1, 2011, or sold within the Commonwealth that contains more than 10 percent ethylene glycol contain denatonium benzoate as a bittering agent in order to render the coolant or antifreeze unpalatable. The measure does not apply to sales of motor vehicles that contain engine coolant or antifreeze, certain wholesale containers, or engine coolant or antifreeze reformulated through on-site recycling. Violations are subject to a civil penalty of up to $100 per violation. The measure will become effective January 1, 2011.

A BILL to amend the Code of Virginia by adding a section numbered 59.1-155.1, relating to an antifreeze bittering agent; penalty.

093136476

H.B. 2655 Accident and sickness claim proceeds; provider services rendered outside of State.

Patron: Sickles

Interest on accident and sickness claim proceeds. Provides that the requirements regarding payment of interest on health insurance claims do not apply to claims proceeds payable to an out-of-state provider of pharmacy services, for such services provided outside Virginia, unless the state where the services are rendered fails to provide for payment of interest on the claims proceeds. In such event, interest shall be computed daily at the legal rate from the 30th day after the insurer received the proof of loss until the claim is paid.

A BILL to amend and reenact § 38.2-3407.1 of the Code of Virginia, relating to interest on accident and sickness claim proceeds; provider services rendered outside of the Commonwealth.

090194736