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2013 SESSION

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Senate Committee on Commerce and Labor

Chairman: John C. Watkins

Clerk: Maribeth Turner, Cheryl Law
Staff: Frank Munyan
Date of Meeting: January 21, 2013
Time and Place: Monday, 1/2 Hour after Adjournment, Senate Room B

S.B. 797 Electric utilities; advanced meters.

Patron: Garrett

Electric utilities; advanced meters. Prohibits any electric utility from installing an advanced meter on a customer's premises or requiring a customer to use any advanced meter unless the customer has requested it. An advanced meter is a meter that is capable of measuring, recording, storing, and reporting usage according to predetermined time criteria and that allows two-way communications suited for demand-response programs. Electric utilities are also required to uninstall an advanced meter at a customer's request; prohibited from giving any meter use data from an advanced meter to any person other than the electric utility; prohibited from shutting off service to a customer based on the amount of electricity the customer uses or the customer not having or using an advanced meter; prohibited from imposing any disincentive on a customer for not agreeing to the installation or use of an advanced meter; prohibited from obtaining data from an advanced meter more than once per month unless requested by a customer; and required to notify customers in writing that the installation and use of an advanced meter is not mandated by state law and is not permitted without the customer's request. The measure also repeals an existing provision that prohibits an investor-owned electric utility participating in an energy efficiency program from connecting advanced metering technology and equipment on the customer's side of the interconnection without the customer's express consent.

A BILL to amend and reenact § 56-576 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-249.8, relating to electric utilities; advanced meters.

13100731D

S.B. 866 Health insurance; mandated coverage for enteral formulas necessitated by short bowel syndrome.

Patron: Edwards

Health insurance; mandated coverage for enteral formulas necessitated by short bowel syndrome. Requires health insurers, health care subscription plans, and health maintenance organizations to provide coverage, under a policy, contract, or plan that provides prescription drug coverage, for the cost of enteral formulas for home use by covered individuals who suffer from short bowel syndrome. Coverage applies if the covered individual's physician issues an order stating that the enteral formula is clearly medically necessary and has been proven effective as a treatment regimen for the covered individual and that the enteral formula is the primary source of nutrition.

A BILL to amend and reenact § 38.2-4319, as it is currently effective and as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3418.18, relating to health insurance coverage for enteral formulas for individuals diagnosed as having short bowel syndrome.

13101790D

S.B. 867 Health insurance; coverage for certain foods for individuals diagnosed as having phenylketonuria.

Patron: Edwards

Coverage for certain foods; phenylketonuria. Requires each (i) insurer issuing individual or group accident and sickness insurance policies providing hospital, medical and surgical, or major medical coverage on an expense-incurred basis; (ii) corporation providing individual or group accident and sickness subscription contracts; and (iii) health maintenance organization providing a health care plan for health care services, whose policy, contract' or plan, including any certificate or evidence of coverage issued in connection with such policy, contract' or plan, includes coverage for prescription drugs on an outpatient basis to provide coverage for low protein (low phenylalanine) foods prescribed for the treatment of phenylketonuria and approved by the U.S. Food and Drug Administration for such treatment.

A BILL to amend and reenact § 38.2-4319, as it is currently effective and as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3418.18, relating to health insurance coverage for certain low protein foods for individuals diagnosed as having phenylketonuria.

13101797D

S.B. 917 Financial institutions; contract provision requiring amendment or waiver to be in writing.

Patron: Stuart

Financial institutions; contract provision requiring amendment or waiver to be in writing. Provides that a court, when considering a provision in a written contract involving a financial institution to the effect that no amendment or waiver of any of its terms will be valid unless the amendment or waiver is in writing, will not give effect to any amendment or waiver unless it is in writing.

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 1 of Title 6.2 a section numbered 6.2-107, relating to contracts with financial institutions; effect of provision requiring amendment or waiver to be in writing.

13103472D

S.B. 922 Health insurance; plan management and rate review.

Patron: Watkins

Health insurance; plan management and rate review. Authorizes the State Corporation Commission (SCC), with assistance from the Virginia Department of Health, to perform plan management functions required to certify health benefit plans for participation in a federally facilitated health benefit exchange in Virginia. This obligation is contingent upon the availability of full funding, technology infrastructure being made available to the SCC, and there being no other impediments that effectively prevent the SCC from performing any required plan management functions. In addition, the SCC's obligation to perform plan management functions is contingent upon receiving federal funding sufficient to pay the operating expenses necessary to carry out the functions. The SCC may contract with and enter into memoranda of understanding to carry out its plan management functions with any state or federal agency. The measure also authorizes the SCC to review and approve accident and sickness insurance premium rates applicable to health benefit plans in the individual and small group markets and health benefit plans providing health insurance coverage in the individual market through certain non-employer group plans. The power to review and approve rates is a condition to the SCC being found to be an effective regulator of such rates. Finally, the measure authorizes the Virginia Department of Health to assist the SCC in carrying out the plan management functions. The measure will take effect upon its passage.

A BILL amend and reenact §§ 32.1-16 and 32.1-137.2 of the Code of Virginia and §§ 38.2-4214, 38.2-4319, and 38.2-4509 of the Code of Virginia as they are currently effective and as they shall become effective, and to amend the Code of Virginia by adding in Chapter 3 of Title 38.2 sections numbered 38.2-316.1 and 38.2-326, relating to the powers of the State Corporation Commission to perform plan management functions for participation in a federally facilitated health benefit exchange; review and approval of health insurance premium rates.

13103184D

EMERGENCY

S.B. 924 Virginia Health Benefit Exchange; created, report.

Patron: Watkins

Virginia Health Benefit Exchange. Creates the Virginia Health Benefit Exchange, which will be established and operated by a new division within the State Corporation Commission (SCC). The Exchange shall facilitate the purchase and sale of qualified health plans and qualified dental plans to qualified individuals and qualified employers. The Exchange shall make qualified plans available to qualified individuals and qualified employers beginning with effective dates on January 1, 2014, which date may be postponed by the SCC as it deems necessary to permit the completion of the establishment of the Exchange. The Exchange will be funded by assessments on health insurers offering plans in the Exchange. A health plan will not be required to cover any state mandated health benefit if federal law does not require it to be covered as part of the essential benefits package. The essential health benefits are items and services included in the benchmark health insurance plan, which is the largest plan in the largest product in the Commonwealth's small group market as supplemented in order to provide coverage for the items and services within the statutory essential health benefits categories. The Exchange shall ensure that no qualified health insurance plan that is sold or offered for sale through the Exchange provides coverage for abortions, except for an abortion performed (i) when the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, or (ii) when the pregnancy is the result of an alleged act of rape or incest. The measure also authorizes the SCC to review and approve accident and sickness insurance premium rates applicable to health benefit plans in the individual and small group markets and health benefit plans providing health insurance coverage in the individual market through certain non-employer group plans. The power to review and approve rates is a condition to the SCC being found to be an effective regulator of such rates, which finding is a requirement for its operation of a state-run health benefit exchange.

A BILL to amend and reenact §§ 38.2-4214, 38.2-4319, and 38.2-4509, as they are currently effective and as they shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-316.1 and by adding in Title 38.2 a chapter numbered 64, consisting of sections numbered 38.2-6400 through 38.2-6416, relating to the establishment and operation of a health benefit exchange for the Commonwealth; assessments.

13101038D

S.B. 945 Health insurance; installment payments of cost-sharing obligations associated with prescriptions.

Patron: Puller

Health insurance; installment payments of cost-sharing obligations. Requires health plans to allow certain covered persons to pay their cost-sharing obligations under their health benefit plan in 12 equal monthly installments. The option is to be provided to covered persons who are reasonably expected to incur cost-sharing obligations as a result of their pharmacy benefits that exceed their total annual cost-sharing obligations under their health benefit plan.

A BILL to amend and reenact §§ 38.2-4214, 38.2-4319, and 38.2-4509, as such sections are currently effective and as they shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 34 of Title 38.2 an article numbered 7, consisting of sections numbered 38.2-3447 through 38.2-3452, relating to payment plans for cost-sharing obligations associated with prescriptions.

13101090D

S.B. 947 Health insurance; modification of prescription drug coverage.

Patron: Puller

Health insurance; modification of prescription drug coverage. Prohibits a health insurer, corporation providing accident and sickness subscription contracts, or health maintenance organization from making certain modifications in prescription drug coverage unless (i) the modification occurs at the time of coverage renewal; (ii) the modification is effective on a uniform basis among all policyholders, contract holders, or subscribers of identical or substantially identical policies, contracts, or plans; and (iii) the insurer, corporation, or health maintenance organization notifies affected insureds, subscribers, or members of the modification not later than 60 days before the date the modification is effective. The requirement applies only to modifications that remove a drug from a formulary, add a prior authorization requirement, impose or alter a quantity limit for a drug, impose a step-therapy restriction for a drug, or move a drug to a higher cost-sharing tier. The measure applies only to policies, contracts, or plans that include coverage for prescription drugs and utilize a formulary.

A BILL to amend and reenact § 38.2-4509, as it is currently effective and as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3407.14:1, relating to accident and sickness insurance; modification of prescription drug coverage.

13103149D

S.B. 956 Electric utility rate schedules; declining block rates.

Patron: Favola

Electric utility rate schedules; declining block rates. Prohibits the State Corporation Commission from approving declining block rates for residential customers in any proceeding in which it is required to review the rates and tariffs of an investor-owned electric utility or electric cooperative. The prohibition does not apply if the electric utility demonstrates that such a rate structure is equitable to all affected customers and consistent with the Commonwealth's energy efficiency goals. Under declining block rates, the per-unit price of electricity decreases as the amount of electricity consumed increases.

A BILL to amend the Code of Virginia by adding a section numbered 56-585.4, relating to electric utility ratemaking; declining block rates for residential customers.

13102320D

S.B. 984 Settlement payment; notification by insurer required.

Patron: Obenshain

Notification of settlement payment. Requires an insurer that has made a payment of at least $5,000 in a single check to an attorney or other representative of a claimant or judgment creditor, in settlement or satisfaction by an insured or a third party of any claim arising out of an insurance policy issued or delivered in the Commonwealth, to notify the claimant or judgment creditor of such payment within five days after making payment.

A BILL to amend the Code of Virginia by adding in Chapter 2 of Title 38.2 a section numbered 38.2-236, relating to notification of settlement payment.

13101589D

S.B. 988 Voluntary regulatory self-assessments by banks; privilege.

Patron: Stuart

Voluntary regulatory self-assessments by banks; privilege. Creates a privilege for information generated from a voluntary regulatory self-assessment conducted by a bank or its holding company, affiliates, and subsidiaries. The privilege applies to any document prepared in connection with a voluntary, self-initiated internal assessment, audit, or review of a bank and its practices, policies, and procedures or the practices, policies, and procedures of the bank's service provider. The privilege makes a self-assessment report inadmissible in any legal or investigative action in any civil or administrative proceeding and exempts it from discovery. The privilege shall not apply if it is waived; if it is determined that the privilege is being asserted for a fraudulent purpose or that the report was prepared to avoid disclosure of information in a proceeding that was underway at the time of its preparation, or it is found that a condition exists that demonstrates imminent and substantial harm to bank customers or consumers; or if it involves information in the possession of a bank regulator and is subject to public disclosure.

A BILL to amend the Code of Virginia by adding in Chapter 8 of Title 6.2 an article numbered 16, consisting of sections numbered 6.2-947 through 6.2-950, relating to privilege for voluntary regulatory self-assessments by banks.

13103323D

S.B. 1057 Own Risk and Solvency Assessments; insurers required to maintain risk management framework.

Patron: Watkins

Insurers; Own Risk and Solvency Assessments. Requires insurance companies to maintain a risk management framework to assist with identifying, assessing, monitoring, managing, and reporting on material and relevant risks. As part of this requirement, each nonexempt insurer, or the insurance group to which it is a member, is required regularly to conduct an Own Risk and Solvency Assessment (ORSA). An ORSA is a confidential internal assessment, conducted by an insurer, of the material and relevant risks associated with the insurer's current business plan and the sufficiency of capital resources to support those risks. The measure is based on the ORSA Model Act developed by the National Association of Insurance Commissioners. The measure is effective January 1, 2015.

A BILL to amend the Code of Virginia by adding in Chapter 13 of Title 38.2 an article numbered 5.1, consisting of sections numbered 38.2-1334.3 through 38.2-1334.10, relating to risk management by insurance companies; Own Risk and Solvency Assessments.

13101057D

S.B. 1066 Uniform Commercial Code; funds transfers.

Patron: Edwards

Uniform Commercial Code; Funds Transfers. Amends Article 4A of the Uniform Commercial Code to ensure that 4A continues to apply to remittance transfers that are not electronic fund transfers. Under current law Article 4A of the Uniform Commercial Code, which is Title 4A in Virginia, applies to remittance transfers that are not electronic funds transfers under the federal Electronic Fund Transfer Act (EFTA). The Dodd-Frank Wall Street Reform and Consumer Protection Act amended EFTA to provide that EFTA will govern remittance transfers whether or not they are electronic, which means that when its provisions go into effect a fund transfer initiated by a remittance transfer would be outside of the coverage of 4A, even if the transfer is not an electronic fund transfer.

A BILL to amend and reenact § 8.4A-108 of the Code of Virginia, relating to Uniform Commercial Code; Funds Transfers.

13102527D

S.B. 1084 Health insurance; authorizes SCC to establish state plan management partnership exchange.

Patron: Herring


State partnership health benefit exchange. Directs the State Corporation Commission (SCC) to contract with and enter into memoranda of understanding with the U.S. Department of Health and Human Services or any other state or federal agency as may be required in order to establish a state plan management partnership exchange for the Commonwealth. The SCC, with assistance from the Virginia Department of Health, is required to perform any plan management functions consistent with guidelines developed by the Secretary of the U.S. Department of Health and Human Services to support such an exchange in Virginia. The SCC's obligation to perform plan management functions is contingent upon the availability of full funding, technology infrastructure being made available, and there being no other impediments that effectively prevent the SCC from performing any required plan management functions. In addition, the SCC's obligation to perform plan management functions is contingent upon receiving a general fund appropriation sufficient to pay the operating expenses necessary to carry out the functions. The SCC is required to seek full reimbursement from the U.S. Department of Health and Human Services for the expenses and to reimburse the general fund for the amount received. The SCC may contract with and enter into memoranda of understanding to carry out its plan management functions with any state or federal agency. The Department of Health, Department of Medical Assistance Services, and Department of Social Services are authorized to assist the SCC in the establishment, operation, and plan management functions of a state plan management partnership exchange. The SCC may not use special fund revenues dedicated to its other functions and duties to fund plan management functions. The measure also authorizes the SCC to review and approve accident and sickness insurance premium rates applicable to health benefit plans in the individual and small group markets and health benefit plans providing health insurance coverage in the individual market through certain non-employer group plans. The power to review and approve rates is a condition to the SCC being found to be an effective regulator of such rates, which finding is a requirement for its participation in the health benefit exchange partnership model. The measure will take effect upon its passage.

A BILL to amend and reenact §§ 32.1-16, 32.1-137.2, and 32.1-321.1 of the Code of Virginia, §§ 38.2-4214, 38.2-4319, and 38.2-4509 of the Code of Virginia as they are currently effective and as they shall become effective, and § 63.2-206 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 3 of Title 38.2 sections numbered 38.2-316.1 and 38.2-326, relating to the participation of the Commonwealth in a state plan management partnership exchange; review and approval of health insurance premium rates.

13103691D

EMERGENCY

S.B. 1138 Virginia Nuclear Energy Consortium.

Patron: McWaters

Virginia Nuclear Energy Consortium. Establishes the Virginia Nuclear Energy Consortium Authority as a political subdivision of the Commonwealth for the purposes of making the Commonwealth a national and global leader in nuclear energy and serving as an interdisciplinary study, research, and information resource for the Commonwealth on nuclear energy issues. The 17-member board of directors of the Authority is directed to form a nonstock, nonprofit corporation, referred to as the Virginia Nuclear Energy Consortium. Membership in the Consortium is open to specified educational institutions, Virginia-based federal research laboratories, nuclear-related nonprofit organizations, business entities with operating facilities in Virginia that are engaged in activities directly related to the nuclear energy industry, and other persons whose membership is approved by the Consortium's board of directors. The purposes of the Consortium include carrying out the rights, powers, and duties of the Authority and conducting other activities useful in (i) making the Commonwealth a leader in nuclear energy, (ii) serving as an interdisciplinary study, research, and information resource for the Commonwealth on nuclear energy issues, and (iii) raising money on behalf of the Authority in the corporate and nonprofit community and from other nonstate sources.

A BILL to amend the Code of Virginia by adding in Title 67 a chapter numbered 14, consisting of sections numbered 67-1400 through 67-1406, relating to the Virginia Nuclear Energy Consortium.

13103526D

S.B. 1141 Virginia Petroleum Products Franchise Act; franchises in Planning District 8.

Patron: McDougle

Virginia Petroleum Products Franchise Act; franchises in Planning District 8. Exempts a third party that purchases a motor fuel franchise located in Planning District 8 from the divorcement requirement if the acquiring third party, its successors, assigns, affiliates, and subsidiaries are not refiners. The divorcement requirement prohibits a refiner of petroleum products from operating a retail motor fuel outlet within one and one-half miles of a retail outlet operated by a franchised dealer. The existing provision that makes the divorcement clause applicable only to a franchised location sold or assigned on or after January 1, 2008, is removed.

A BILL to amend and reenact § 59.1-21.15:1 of the Code of Virginia, relating to the Virginia Petroleum Products Franchise Act; continued rights of certain dealers.

13101975D

S.B. 1230 Unemployment compensation; establishes short-time compensation program, report.

Patrons: Barker, Stanley

Unemployment compensation; short-time compensation program. Establishes a short-time compensation 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' health and retirement benefits cannot be reduced or eliminated under the plan. 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 60.2-710, relating to unemployment compensation; short-time compensation program; reports.

13103437D

S.B. 1243 Health maintenance organizations; required too provide coverage for newborn children.

Patron: Colgan

Coverage for newborns; health maintenance organizations. Requires health care plans provided by a health maintenance organization to provide coverage for newborn children. The same requirement currently exists for health insurance policies and subscription contracts with family coverage.

A BILL to amend and reenact §§ 38.2-3411 and 38.2-4319, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to health care plans' coverage of newborn children.

13101062D

S.B. 1247 Natural gas utilities; recovery of eligible safety activity costs accounted for as regulatory asset.

Patron: Colgan

Natural gas utility ratemaking; eligible safety activity costs. Permits natural gas utilities to recover certain safety activity costs incurred on or after January 1, 2013, in future rates by accounting for them as deferred costs. These deferred costs will be accounted for as a regulatory asset and not subject to write-off or write-down in an earnings test filing.

A BILL to amend the Code of Virginia by adding a section numbered 56-235.10, relating to natural gas utilities; recovery of eligible safety activity costs.

13101736D

S.B. 1249 Financial institutions; checks required to show date account was opened.

Patron: Garrett

Financial institutions; checks. Repeals the requirement that checks and similar instruments of a financial institution located in the Commonwealth display the month and year in which the account was opened.

A BILL to repeal § 6.2-600 of the Code of Virginia, relating to the requirement that checks show the date the account was opened.

13103817D

S.B. 1261 Health benefit exchange; regulation of navigators.

Patron: Puckett

Health benefit exchange; regulation of navigators. Establishes requirements for persons that serve as navigators in any health benefit exchange established for the Commonwealth. Navigators are required by the federal Affordable Care Act to perform certain functions relating to the operation of an exchange, including informing individuals and small employers about the availability of qualified health plans, facilitating enrollment of qualified individuals into health plans, and performing outreach and education efforts. This measure requires that an individual or entity obtain a license from the State Corporation Commission prior to acting as a navigator. A navigator is prohibited from engaging in activities that would require an insurance agent or producer license under this title; from providing advice concerning the benefits, terms, and features of a particular health plan or offering advice about which health plan is better or worse for a particular individual or employer; from making recommendations concerning the substantive benefits, terms, or conditions of health plans; or from enrolling an individual or employee in a qualified health plan offered through an exchange. The Commission is required to establish a certification and training program that includes initial and continuing education requirements and an examination and to adopt rules, to the extent permitted by the Affordable Care Act, that require a navigator to carry and maintain errors and omissions insurance. Navigators are required to obtain a surety bond or provide evidence of financial responsibility.

A BILL to amend the Code of Virginia by adding in Chapter 34 of Title 38.2 an article numbered 7, consisting of sections numbered 38.2-3447 through 38.2-3454, relating to accident and sickness insurance; health benefit exchange navigators.

13101711D

S.B. 1274 Tanning facilities; age limit; parental consent.

Patron: Barker

Tanning facilities; age limit; parental consent. Prohibits minors younger than 15 years of age from using tanning devices at tanning facilities. The measure also prohibits unemancipated minors age 15, 16, or 17 years from using tanning devices at tanning facilities unless a parent or legal guardian has consented in writing. Currently, the parent or legal guardian of a prospective customer younger than 15 years of age is required to sign a written warning statement.

A BILL to amend and reenact §§ 59.1-310.3 and 59.1-310.5 of the Code of Virginia, relating to the operation of tanning facilities; access by minors.

13103424D

S.B. 1276 Virginia Business One Stop electronic portal program; participation by State Corporation Commission.

Patron: Stanley

Virginia Business One Stop electronic portal program; participation by State Corporation Commission. Requires the clerk of the State Corporation Commission to cooperate with the Department of Business Assistance to ensure that entrepreneurs are able, by January 1, 2014, to prepare and submit registration applications and organizational documents for the formation of a business entity to the clerk's office through the website of the Virginia Business One Stop (BOS) electronic portal program, which is the new designation of the Department's one-stop small business permitting program. The BOS program is directed to provide seamless integration and conversion of pertinent data required to register or form a new small business in the Commonwealth; to submit business-related permits and license applications as required by state agencies in the Commonwealth; and to transition from paper forms to electronic processing. The measure specifically requires the State Corporation Commission to fully integrate processes and forms into the BOS and to process all forms within 48 business hours from the time an applicant submits a form electronically.

A BILL to amend and reenact §§ 2.2-904.1 and 12.1-19 of the Code of Virginia, relating to participation by the clerk of the State Corporation Commission in the Virginia Business One Stop electronic portal for seamless processing of the Commonwealth's small business formation, registration, and business-related professional credentials, licenses, certificates, and related permits.

13103942D

S.B. 1287 Natural gas utility ratemaking; eligible safety activity costs.

Patron: Colgan

Natural gas utility ratemaking; eligible safety activity costs. Permits natural gas utilities to recover certain safety activity costs incurred on or after January 1, 2013, in future rates by accounting for them as deferred costs. Such a deferral is permitted to the extent the safety activity costs exceed the level of such costs that are reflected in base rates. These deferred costs will be included in new base rates and charges instituted pursuant to an order establishing or confirming customer rates in a rate case.

A BILL to amend the Code of Virginia by adding a section numbered 56-235.10, relating to natural gas utilities; recovery of eligible safety activity costs.

13103664D

S.B. 1295 Enterprise zones; criteria.

Patron: Blevins

Enterprise zones; criteria. Permits a locality to apply for enterprise zone status based on distress factors in the area of the proposed enterprise zone, rather than in the entire locality.

A BILL to amend and reenact § 59.1-545 of the Code of Virginia, relating to enterprise zones.

13103839D