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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2012 SESSION
Chairman: John C. Watkins
Clerk: Hobie Lehman, Bonnie Shelhorse
Staff: Frank Munyan
Date of Meeting: January 30, 2012
Time and Place: Half hour after adjournment / Senate Room B
Patron: Stanley
Unemployment benefits; volunteer service requirement. Provides that eligibility for unemployment benefits is contingent upon the claimant's performance of at least 24 hours per week of volunteer service with a nonprofit charitable organization. This requirement does not apply during the first two weeks of eligibility. The Virginia Employment Commission may waive or alter the requirement in certain cases or situations.
A BILL to amend and reenact § 60.2-612 of the Code of Virginia, relating to eligibility for unemployment benefits; requirement for volunteer service.12100712D
Patron: Puckett
Volunteer fire departments; billing insurance companies. Provides that volunteer fire departments may charge for fire services and bill for those services directly to liability insurance companies.
A BILL authorizing volunteer fire departments to bill insurance companies directly for fire service charges.12101245D
Patron: Norment
Community-based continuing care providers. Requires providers of community-based continuing care (CBCC) to be registered with the State Corporation Commission as a continuing care provider and file a statement regarding the provider's CBCC program. Community-based continuing care is a program providing or committing to provide a range of services to an individual, other than an individual related by blood or marriage, pursuant to an agreement that is effective for the life of the individual or for a period in excess of one year, and in consideration of the payment of an entrance fee. A CBCC program includes the provision of the services in the individual's private residence as long as medically feasible and facility-based long-term care services when required. CBCC providers are required to deliver a copy of a disclosure statement regarding the CBCC program. Provisions regarding the escrowing of entrance fees and terms of contracts are analogous to existing requirements for continuing care providers.
A BILL to amend and reenact §§ 38.2-4900, 38.2-4902, 38.2-4904, and 38.2-4905 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 49 of Title 38.2 an article numbered 2, consisting of sections numbered 38.2-4918 through 38.2-4923, and an article numbered 3, consisting of sections numbered 38.2-4924 through 38.2-4932; and to repeal §§ 38.2-4906 through 38.2-4909, 38.2-4911, and 38.2-4913 through 38.2-4916 of the Code of Virginia, relating to continuing care providers and community-based continuing care providers.12100777D
Patron: Carrico
Workers' Compensation; presumptions; members of the enforcement division of the Department of Motor Vehicles. Adds full-time sworn members of the enforcement division of the Department of Motor Vehicles to those public safety employees who are entitled to presumptions that hypertension, heart disease, and certain infectious diseases are occupational diseases compensable under the Workers' Compensation Act.
A BILL to amend and reenact §§ 65.2-402 and 65.2-402.1 of the Code of Virginia, relating to workers' compensation; presumption as to death or disability of members of enforcement division of Department of Motor Vehicles.12101904D
Patron: Carrico
Workers' compensation; occupational disease presumption; officers processing clandestine drug laboratories. Establishes a presumption that any respiratory disease or pancreatic, prostate, rectal, throat, ovarian, or breast cancer causing the death of, or any health condition or impairment resulting in total or partial disability of, a sworn law-enforcement officer who was certified to process clandestine drug laboratories is an occupational disease suffered in the line of duty. The presumption (i) may be overcome by a preponderance of competent evidence to the contrary and (ii) applies if the affected officer underwent a physical examination in accordance with his employer's mandated written safety and health program.
A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to Workers' Compensation; occupational disease presumptions; law-enforcement officers certified to process clandestine drug laboratories.12103186D
Patron: Reeves
Fire insurance; earthquake coverage notice. Requires fire insurance policies that exclude coverage for earthquake damage to provide a written notice that earthquake coverage is excluded and that earthquake insurance may be available for an additional premium.
A BILL to amend the Code of Virginia by adding in Chapter 21 of Title 38.2 a section numbered 38.2-2129, relating to insurance policies; notices; earthquake exclusion.12101843D
Patrons: Barker, Stanley
Unemployment compensation; shared work programs. Establishes a shared work program that provides employers with the option of reducing the hours worked by employees, while permitting the employees whose hours are reduced to receive partial compensation for lost wages. Program participation requires Virginia Employment Commission approval of a plan, which must provide that the reduction in hours of work is in lieu of a layoff of an equivalent percentage of employees and that employees' fringe benefits cannot be reduced or eliminated during the plan. Employees must be available to work and available for full-time work with a participating work sharing employer. The measure authorizes an affected employee to participate in a Commission-approved training program sponsored by his shared work employer or any other employer on days that he is not directed to report to work by his shared work employer without reduction in shared work benefits. If the U.S. Department of Labor finds that any provision of this measure violates federal law, the finding shall not affect, impair, or invalidate the remaining provisions. Finally, the measure requires the Commission to submit reports on the program's implementation and accomplishments, with recommendations to improve its effectiveness.
A BILL to amend the Code of Virginia by adding in Title 60.2 a chapter numbered 7, consisting of sections numbered 60.2-700 through 60.2-708, relating to unemployment compensation; shared work programs; reports.12101780D
Patron: McEachin
Electric utilities; integrated resource plans. Provides that an electric utility's integrated resource plan should identify a portfolio of electric generation supply resources that is most likely to provide the electric generation supply needed to meet forecasted demand, net of any reductions from demand side programs, so that over the long term the utility will continue to provide reliable service at reasonable prices that take into consideration public health impacts.
A BILL to amend and reenact §§ 56-597 and 56-598 of the Code of Virginia, relating to integrated resource planning by electric utilities.12102250D
Patron: Norment
Renewable energy portfolio standard program; credits for investments. Allows any investor-owned electric utility that participates in the renewable energy portfolio standard program to meet up to 20 percent of an RPS Goal through certificates evidencing the utility's expenses in conducting research and development activities related to renewable or alternative energy sources. To qualify, such expenses shall either (i) be designed to enhance the participating utility's understanding of emerging energy technologies and their potential impact on and value to the utility's system and customers within the Commonwealth; (ii) promote economic development within the Commonwealth; (iii) supplement customer-driven alternative energy or energy efficiency initiatives; (iv) supplement alternative energy and energy efficiency initiatives at state or local governmental facilities in the Commonwealth; or (v) be designed to mitigate the environmental impacts of renewable energy projects. The State Corporation Commission shall issue certificates to utilities making qualified investments based on the prices for renewable energy certificates in the interconnection region of the regional transmission entity of which the utility is a member. Qualified investments are stated to be reasonable and prudent operating expenses of a participating utility. A participating utility is not authorized to recover the costs associated with qualified investments through rate adjustment clauses and is not authorized to earn a return on its qualified investments.
A BILL to amend and reenact § 56-585.2 of the Code of Virginia, relating to the renewable energy portfolio standard program; credits for investments.12101998D
Patron: Vogel
Health insurance; parity of coverage for oral chemotherapy medications. Requires health insurers, health care subscription plans, and health maintenance organizations whose policies provide coverage for cancer chemotherapy treatment to provide coverage for a prescribed, orally administered anticancer medication on a basis no less favorable than that on which it provides coverage for intravenously administered or injected anticancer medications. Such a policy, contract, or plan shall not require a higher copayment, deductible, or coinsurance amount for a prescribed, orally administered anticancer medication than what it requires for an intravenously administered or injected anticancer medication that is provided, regardless of formulation or benefit category determination by the insurer, corporation, or health maintenance organization. The mandate will apply to the state employees' health insurance plan and to the local choice health program.
A BILL to amend and reenact § 38.2-4319 of the Code of Virginia, as it is currently effective and as it may become effective, and to amend the Code of Virginia by adding a section numbered 38.2-3418.18, relating to insurance; parity of coverage for oral chemotherapy medications.12100671D
Patrons: Favola, Ebbin
Asbestos workers; violations; penalties. Requires the Commissioner of Labor and Industry to maintain a registry of employee complaints alleging the existence or imminent threat of an asbestos NESHAP violation. The measure prohibits employers from discharging or otherwise penalizing an employee who files a complaint in good faith. An employee who is subject to retaliation may bring an action against the employer for reinstatement and other remedies. The Commissioner is required to keep the identity of any employee filing a complaint confidential, and such information generally will be exempt from the Freedom of Information Act. The measure also provides that the amount of any noncompliance penalty for a violation shall not be less than $2,000 per violation or more than $25,000 for multiple violations.
A BILL to amend and reenact §§ 40.1-51.26 and 40.1-51.31 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 40.1-51.27:1, relating to asbestos workers; reporting violations; penalties for noncompliance.12103212D
Patrons: Watkins, Puckett
Utility energy efficiency programs. Provides that an energy efficiency program proposed by an electric utility is in the public interest if the net present value of the benefits exceeds the net present value of the costs as determined by any three of four benefit cost tests. The four tests to be considered are the Total Resource Cost Test, the Utility Cost Test (also referred to as the Program Administrator Test), the Participant Test, and the Ratepayer Impact Measure Test. An electric utility's energy efficiency program may be deemed to be in the public interest if it provides measurable and verifiable energy savings to low-income customers or elderly customers. The current standard for what constitutes a cost-effective conservation and energy efficiency program conducted by a natural gas utility is revised to conform to these new provisions for electric utilities. Finally, the measure expands the definition of "energy efficiency program" with regard to electric utilities to include customer engagement programs that result in measurable and verifiable energy savings that lead to efficient use patterns and practices.
A BILL to amend and reenact §§ 56-576 and 56-600 of the Code of Virginia, relating to electric and natural gas utilities; energy efficiency programs.12103336D
Patron: Watkins
Wireless E-911 Fund; distribution. Transfers the administration of the distribution of the Wireless E-911 Fund revenues for public safety answering point operators (PSAPs) to the Department of Taxation. The bill also bases the distribution percentages on the average pro rata distribution for fiscal years 2007-2012, and directs that the distribution percentage be recalculated every five years.
A BILL to amend and reenact § 56-484.17 of the Code of Virginia, relating to distribution of the Wireless E-911 Fund.12102478D
Patron: Wagner
Combined heat and power facilities; incentives. Provides that combined heat and power facilities that meet the output and efficiency qualifications for the federal combined heat and power tax credit are eligible for a performance incentive of 200 basis points for the first portion of service life. Such combined heat and power facilities are declared to be certified pollution control equipment and facilities, which are exempt from state and local taxation pursuant to Article X, Section 6 (d) of the Constitution of Virginia.
A BILL to amend and reenact §§ 56-585.1 and 58.1-3660 of the Code of Virginia, relating to tax and ratemaking incentives for combined heat and power facilities.12100408D
Patron: Wagner
Property and casualty insurance; public adjusters. Provides for State Corporation Commission licensing and regulation of public adjusters. Public adjusting means investigating, negotiating, adjusting, or providing advice to an insured in relation to first-party claims arising under insurance contracts that insure the real or personal property of an insured, for the purpose of effecting the settlement of a claim on behalf of the insured. A person is prohibited from acting as a public adjuster without first obtaining a license from the Commission. Public adjusters are required to comply with standards of conduct and limits on their fees. The Commission may suspend or revoke licenses under certain conditions. The measure will become effective January 1, 2013.
A BILL to amend and reenact § 38.2-1824 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 8 of Title 38.2 an article numbered 3, consisting of sections numbered 38.2-812 through 38.2-815, and by adding in Chapter 18 of Title 38.2 an article numbered 4.1, consisting of sections numbered 38.2-1845.1 through 38.2-1845.23, relating to property and casualty insurance; regulation and licensing of public adjusters.12103577D
Patron: Wagner
Group health insurance; small employers. Provides that a small employer, for purposes of small group coverage under a health insurance plan or policy, is one who employs between two and 50 employees who are covered under a group health plan offered by the employer. Currently, a small employer is one with between 2 and 50 employees, regardless of whether the employees obtain coverage through the employer.
A BILL to amend and reenact §§ 38.2-3431 and 38.2-3551 of the Code of Virginia, relating to health insurance; small employer groups.12102701D
Patron: Saslaw
Petroleum Products Franchise Act; divorcement clause. Revises the divorcement requirement to provide that a refiner may operate a retail outlet only if it is not less than 1.5 miles from the nearest retail outlet operated by a franchised dealer or jobber/distributor.
A BILL to amend and reenact § 59.1-21.16:2 of the Code of Virginia, relating to the Virginia Petroleum Products Franchise Act; operation of retail outlets.12100913D
Patron: Edwards
Net energy metering; stand-by charges. Requires the State Corporation Commission, when determining whether to approve a utility's proposed standby charge methodology, to find that (i) the methodology utilized by the supplier is generally accepted in the industry for making such determinations, (ii) the methodology proposed by the supplier calculates costs based upon sample statistics derived solely from the class of residential eligible customer-generators, and (iii) the quantity of the class of residential eligible customer-generators represents a sufficient base to form reasonable statistical conclusions. These criteria are in addition to the existing requirement that the standby charges collected from eligible customer-generators allow the supplier to recover only the portion of the supplier's infrastructure costs that are properly associated with serving eligible customer-generators. The measure also provides that the supplier's infrastructure costs include, in addition to the direct costs associated with the supplier's infrastructure, an offset for any benefits derived from any net energy metering provided by eligible customer-generators to the supplier. Finally, the measure requires the Commission to deny a utility's application for standby charges if its methodology fails to consider all four of the criteria.
A BILL to amend and reenact § 56-594 of the Code of Virginia, relating to the net energy metering program; standby charges.12104128D
Patron: Puckett
Health insurance; multiple employer welfare arrangements. Increases, from 50 to 250, the maximum number of Virginia residents employed at a bank that is a member of a multiple employer welfare arrangement (MEWA) who may receive accident and sickness benefits under the MEWA without disqualifying the MEWA from its exemption from provisions of the Commonwealth's insurance laws.
A BILL to amend and reenact § 38.2-3420 of the Code of Virginia, relating to bank-sponsored multiple employer welfare organizations.12104172D
Patron: Watkins
Wireless E-911 Fund; distribution of funds. Requires CMRS providers to submit requests for payment from the Wireless E-911 Fund no later than four months after the end of the fiscal year in which the costs were incurred. If the Fund is not sufficient to pay for all of the costs, the unpaid costs may not be carried over for repayment to a future year. The bill also provides that any funds remaining in the Fund at the end of a fiscal year may be designated for a reserve fund.
A BILL to amend and reenact § 56-484.17 of the Code of Virginia, relating to the Wireless E-911 Fund; distribution of funds.12103910D
Patron: McEachin
Life and accident and sickness insurance benefits. Provides that the benefits provided under a policy of life insurance or accident and sickness insurance may include additional benefits, including child care expenses and educational expenses.
A BILL to amend and reenact §§ 38.2-102 and 38.2-109 of the Code of Virginia, relating to insurance benefits; child care and educational expenses.12103783D
Patron: Stanley
Pole attachments; cable television systems and cooperatives. Requires cable television systems and cooperatives to negotiate in good faith to resolve certain issues, including the rates, terms, and conditions of contracts permitting attachments by a cable television system to a cooperative's poles. If an issue cannot be resolved, either party may petition the State Corporation Commission to resolve the issue. In adjudicating the issue, the Commission shall ensure that the cooperative is compensated by the cable television system for certain costs. Annually commencing July 1, 2012, cable television systems are required to pay an annual fee to the Commission equal to $1.00 for each attachment to a cooperative's pole. Each cooperative is required to make a survey of cable television system attachments on its poles every 36 months. Beginning in 2013, cooperatives will be required to report to the Commission on the number of each cable television system's attachments. In addition, if any cable television system attachment interferes with, obstructs, or delays the service or operations of a cooperative or creates a safety hazard, the cooperative may take immediate action to remedy the situation at the cable television system's expense.
A BILL to amend and reenact § 56-466.1 of the Code of Virginia, relating to attachments by cable television systems on cooperatives' poles; assessments.12103911D