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2015 SESSION

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Senate Committee on Commerce and Labor

Chairman: John C. Watkins

Clerk: Maribeth Turner
Staff: Frank Munyan
Date of Meeting: January 19, 2015
Time and Place: Monday, 1/2 hour after adjournment, Senate Room B

S.B. 681 Minimum wage; increases from its current federally mandated level to $8.00 per hour.

Patron: Marsden

Minimum wage. Increases the minimum wage from its current federally mandated level of $7.25 per hour to $8.00 per hour effective July 1, 2015, to $9.00 per hour effective July 1, 2016, and to $10.10 per hour effective July 1, 2017, unless a higher minimum wage is required by the federal Fair Labor Standards Act (FLSA).

A BILL to amend and reenact §§ 40.1-28.9 and 40.1-28.10 of the Code of Virginia, relating to the minimum wage.

15100390D

S.B. 697 Automobile and homeowners insurance policies; notice.

Patron: Martin

Automobile and homeowners insurance policies; notices. Authorizes insurers to send certain notices, including nonrenewal and cancellation notices, pertaining to a motor vehicle or homeowners insurance policy by a first-class mail tracking method used or approved by the United States Postal Service (USPS). Currently, such notices are effective only if sent by registered or certified mail. The measure will permit insurers to send such notices using the USPS Intelligent Mail barcode.

A BILL to amend and reenact §§ 38.2-231, 38.2-2113, and 38.2-2208 of the Code of Virginia, relating to notices relating to certain insurance policies.

15101108D

S.B. 706 Minimum wage; increases from its current federally mandated level to $8.00 per hour.

Patron: Puller

Minimum wage. Increases the minimum wage from its current federally mandated level of $7.25 per hour to $8.00 per hour effective July 1, 2015, unless a higher minimum wage is required by the federal Fair Labor Standards Act. The measure also provides that the cash wage paid to a tipped employee shall not be less than 50 percent of the minimum wage, and that the tip credit shall equal the difference between the cash wage required to be paid to a tipped employee and the minimum wage.

A BILL to amend and reenact §§ 40.1-28.9 and 40.1-28.10 of the Code of Virginia, relating to the minimum wage.

15101238D

S.B. 729 Credit life and credit accident and sickness insurance; reports.

Patron: Alexander

Credit life and credit accident and sickness insurance; reports. Removes the requirement that insurers file annual reports with the State Corporation Commission regarding the credit life and credit accident and sickness insurance they have written. The same reports will continue to be required to be filed with the National Association of Insurance Commissioners.

A BILL to amend and reenact § 38.2-3730 of the Code of Virginia, relating to credit insurance; experience reports.

15101314D

S.B. 737 Depository institutions; savings promotions.

Patron: Cosgrove

Depository institutions; savings promotions. Authorizes banks, savings institutions, and credit unions to sponsor savings promotions, which are contests or promotions (i) conducted for the purposes of encouraging depositors to build and maintain savings deposits and (ii) in which depositors are provided a chance of winning designated prizes.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 6 of Title 6.2 a section numbered 6.2-603.1, relating to the authority of depository institutions to sponsor savings promotions.

15101709D

S.B. 748 Insurance plans; provisions regulating hypothecation of assets.

Patron: Watkins

Insurance plans; hypothecation of assets. Applies provisions regulating the hypothecation of assets that currently apply to most insurers to health services plans, health maintenance organizations, and insurers offering dental or optometric services plans. The measure requires insurers to maintain a certain amount of free and unencumbered admitted assets and to report to the State Corporation Commission certain information regarding transactions encumbering assets. The measure also (i) removes inapplicable references to separate account requirements from the "sweep-in" provisions for health services plans and dental or optometric services plans and (ii) removes a moot reference to the licensing of agents from the "sweep-in" provision for legal services plans.

A BILL to amend and reenact §§ 38.2-4214, 38.2-4319, 38.2-4408, and 38.2-4509 of the Code of Virginia, relating to insurance; hypothecation of assets.

15101313D

S.B. 770 Workers' compensation; exclusivity of remedy.

Patron: McEachin

Workers' compensation; exclusivity of remedy. Provides that if a court determines that an accident, disease, injury, or death is barred by the exclusivity provisions of the Workers' Compensation Act, then that finding shall be res judicata between the parties and estop them from arguing before the Workers' Compensation Commission that the accident, injury, or death did not arise out of and in the course and scope of the employee's employment. The measure also provides that if the Commission or a court determines that the accident, injury, or death does not arise out of or in the course and scope of such employee's employment, then that finding shall be res judicata and estop those same parties from arguing before a court that the accident is barred by the Act's exclusivity provisions.

A BILL to amend and reenact § 65.2-307 of the Code of Virginia, relating to the Virginia Workers' Compensation Act; exclusivity of remedies.

15100341D

S.B. 772 Payment of wages; discrimination between employees on basis of sex.

Patron: McEachin

Equal pay irrespective of sex. Amends existing law requiring equal pay for equal work irrespective of sex to (i) increase the penalty for a violation from double unpaid wages to triple unpaid wages plus reasonable attorney fees; (ii) prohibit employers from punishing employees for sharing salary information with their coworkers; and (iii) prohibit unequal provision of benefits and privileges. The measure also deletes the exemption for employers covered by the federal Fair Labor Standards Act from the Commonwealth's prohibition on discrimination in the payment of wages on the basis of sex.

A BILL to amend and reenact § 40.1-28.6 of the Code of Virginia, relating to discrimination between employees on the basis of sex; payment of wages.

15100882D

S.B. 859 Open-end lending by banks and savings institutions; determining grace period.

Patron: Chafin

Open-end lending by banks and savings institutions; credit cards; grace period. Adjusts the period used in determining whether a borrower has repaid his open-end credit card balance in full and therefore is exempt from a finance charge on purchases of merchandise or services. The measure provides that the lender shall not impose a finance charge if payment in full of the unpaid balance owing for extensions of credit is received prior to the next payment due date and requires the next payment due date to be at least 25 days after the prior payment due date. Under existing law, the billing date, rather than the payment due date, applies.

A BILL to amend and reenact § 6.2-313 of the Code of Virginia, relating to open-end credit extended by banks or savings institutions.

15102326D

S.B. 881 Safety and Health Codes Board; establishment of Voluntary Protection Program.

Patron: Alexander

Workplace safety; Voluntary Protection Program. Codifies the Voluntary Protection Program that has been conducted by the Department of Labor and Industry since 1996. The measure directs the Safety and Health Codes Board to adopt definitions, rules, regulations, and standards necessary for the operation of the Program that will promote safe and healthy workplaces throughout the Commonwealth. Participation in the Program is limited to workplaces in which an exemplary worker safety and health management system that exceeds basic compliance with occupational safety and health laws and regulations, and that satisfies the standards for the Program, has been implemented.

A BILL to amend the Code of Virginia by adding a section numbered 40.1-49.13, relating to Safety and Health Codes Board; establishment of a Voluntary Protection Program.

15102978D

S.B. 896 Child labor laws; appeal procedures.

Patron: Alexander

Child labor laws; appeal procedures. Clarifies the procedures and rules relating to agency actions to prosecute violations of child labor statutes. The measure imposes time limits during which an employer charged with a violation may seek an informal conference or appeal a decision of the Commissioner of Labor and Industry to circuit court. The measure also specifies the scope of circuit court review regarding alleged errors of law or findings of fact. Finally, the measure makes clear that Department of Labor and Industry employees are not subject to a civil penalty for issuing an employment certificate and removes a requirement that the Commissioner supply blanks for employment certificates.

A BILL to amend and reenact §§ 40.1-28, 40.1-113, and 40.1-114 of the Code of Virginia, relating to the enforcement of child labor laws; child labor offenses.

15101654D

S.B. 945 Payday loans; permitted interest.

Patron: Miller

Payday loans; permitted interest. Removes 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 interest at a maximum annual rate of 36 percent.

A BILL to amend and reenact §§ 6.2-1816, 6.2-1817, and 6.2-1818 of the Code of Virginia, relating to charges on payday loans.

15101188D

S.B. 990 Domestic violence leave; employers to provide for employees.

Patron: Lucas

Domestic violence leave for employees. Requires employers to allow an employee to take domestic violence leave, with or without pay, if the employee or the employee's family member is a victim of domestic violence, sexual assault, or stalking. Domestic violence leave may be taken to (i) seek legal or law-enforcement assistance or remedies; (ii) seek treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking or to attend to health care treatment for a victim who is the employee's family member; (iii) obtain, or assist a family member in obtaining, services from a domestic violence shelter, rape crisis center, or other social services program for relief from domestic violence, sexual assault, or stalking; (iv) obtain, or assist a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault, or stalking, in which the employee or the employee's family member was a victim of domestic violence, sexual assault, or stalking; or (v) participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee's family members from future domestic violence, sexual assault, or stalking. Employers are prohibited from discharging or discriminating against an employee because the employee takes domestic violence leave.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:5, relating to the duty of employers to provide employees with domestic violence leave.

15102846D

S.B. 999 Deeds of trust or mortgages; clarifies calculation of tax.

Patron: Stuart

Deeds of trust or mortgages; maximum tax. Clarifies the calculation of the tax on supplemental or modified deeds of trust or mortgages, such that the tax is based on the difference between the maximum obligation secured, regardless of whether such amount is actually owed or outstanding, and the maximum amount of debt secured at the time the original instrument was recorded.

A BILL to amend and reenact § 58.1-803 of the Code of Virginia, relating to deeds of trust or mortgages; maximum tax.

15101933D

S.B. 1002 Local workforce investment boards; pay-for-performance incentives.

Patron: Ebbin

Local workforce investment boards; pay-for-performance incentives. Encourages local workforce investment boards to implement pay-for-performance contract strategy incentives for training services as an alternative model to traditional programs. The bill also authorizes local workforce investment boards to allocate funds to the extent permissible under §§ 128(b) and 133(b) of the Workforce Innovation and Opportunity Act of 2014 (P.L. 113-128) for pay-for-performance partnerships.

A BILL to amend and reenact § 2.2-2470 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-2472.1, relating to local workforce investment boards; pay for performance incentives.

15103403D

S.B. 1080 State Corporation System; secure online system.

Patron: Vogel

State Corporation System; secure online system. Reverses a measure enacted in the 2014 Session prohibiting the State Corporation Commission (SCC) from accepting through its eFile electronic registration system articles of dissolution of a business entity or data or documents that contain officer or director changes until the SCC has implemented a system, to be implemented by July 1, 2018, that ensures that such documents are capable of being submitted electronically only by a user designated to make such submissions on behalf of the business entity and whose identity has been established satisfactorily through a verification process. This measure permits such articles of dissolution and other data or documents to be filed electronically through the eFile system commencing July 1, 2015. This measure also removes the July 1, 2018, deadline and in its place directs the SCC to use diligent efforts to incorporate capabilities into the system that ensure that such articles, data, and documents are capable of being submitted by such a designated user whose identity has been verified.

A BILL to amend and reenact §§ 1 and 2 of Chapter 311 of the Acts of Assembly of 2014, relating to the acceptance of certain documents by the State Corporation Commission through its electronic registration system.

15101330D

S.B. 1099 Virginia Solar Energy Development Authority.

Patron: Stuart

Virginia Solar Energy Development Authority. Creates the Virginia Solar Energy Development Authority to facilitate, coordinate, and support the development of the solar energy industry and solar-powered electric energy facilities in the Commonwealth. The Authority is directed to do so by developing programs to increase the availability of financing for solar energy projects, facilitate the increase of solar energy generation systems on public and private sector facilities in the Commonwealth, promote the growth of the Virginia solar industry, and provide a hub for collaboration between entities to partner on solar energy projects. The Authority will be composed of 11 members appointed by the Governor. Members may be representatives of solar businesses, solar customers, renewable energy financiers, state and local government solar customers, and solar research academics. The Authority is charged with, among other tasks, (i) identifying existing state and regulatory or administrative barriers to the development of the solar energy industry, (ii) collaborating with entities such as higher education institutions to increase the training and development of the workforce needed by the solar industry in Virginia, including industry-recognized credentials and certifications, (iii) applying to the U.S. Department of Energy for loan guarantees for such projects, and (iv) performing any other activities as may seem appropriate to increase solar energy generation in Virginia and the associated jobs and economic development and competitiveness benefits. At the recommendation of the Authority, the Director of the Department of Mines, Minerals and Energy may utilize nonstate-funded support to carry out any duties assigned to the Director. Funding for nonstate support may be provided by any source, public or private, for the purposes for which the Authority is created.

A BILL to amend the Code of Virginia by adding in Title 67 a chapter numbered 15, consisting of sections numbered 67-1500 through 67-1509, relating to the Virginia Solar Energy Development Authority.

15103208D

S.B. 1153 Apprenticeship opportunities; online portal.

Patron: Wexton

Apprenticeship opportunities; online portal. Requires the Virginia Board of Workforce Development, in coordination with the Commissioner of Labor and Industry, to establish an online portal for accessing apprenticeship opportunities available to high school graduates.

A BILL to amend and reenact §§ 2.2-2472 and 40.1-125 of the Code of Virginia, relating to apprenticeship opportunities; online portal.

15102611D

S.B. 1163 Natural gas utilities; recovery of system expansion infrastructure costs.

Patron: Saslaw


Natural gas utilities; recovery of system expansion infrastructure costs. Establishes a procedure under which a natural gas utility may seek State Corporation Commission (SCC) approval of a system expansion plan that includes, among other things, a schedule for recovery of eligible system expansion infrastructure costs through a system expansion rider and a methodology for deferral of unrecovered eligible system expansion costs. A system expansion plan and system expansion rider shall allocate and charge costs in accordance with cost causation principles in order to avoid any undue cross-subsidization between rate classes. The SCC is barred from examining other revenue requirement or ratemaking issues in its consideration of the natural gas utility's application. Costs recovered under this measure shall be in addition to all other costs that the natural gas utility is permitted to recover, shall not be considered an offset to other approved costs of service or revenue requirements, and shall not be included in any computation relative to a performance-based regulation plan revenue-sharing mechanism. The authorization and encouragement of the expansion of natural gas infrastructure and the promotion of the use of natural gas are declared to be in the public interest. Allowing Virginia's natural gas utilities to approach expansion of intrastate infrastructure into unserved and underserved areas on a more proactive basis by expanding, improving, and increasing the reliability of Virginia's energy infrastructure is also declared to be in the public interest.

A BILL to amend the Code of Virginia by adding in Title 56 a chapter numbered 28, consisting of sections numbered 56-610 through 56-613, relating to natural gas system expansion infrastructure; recovery and deferral of costs.

15103029D

S.B. 1204 Sale of secondhand building materials; exemptions.

Patron: Wagner

Sale of secondhand building materials; exemptions. Exempts the donation of certain secondhand material from requirements otherwise applicable to transactions involving such materials, when the materials are donated by their owner or the owner's contractor or subcontractor to a nonprofit tax-exempt corporation. The sale of such material by the nonprofit corporation is likewise exempted from the requirements, which include obtaining a permit, keeping records of transactions, and making reports to law-enforcement officials. The exempted material consists of heating or plumbing fixtures or supplies, electrical fixtures or any wiring, gas fixtures or appliances, water faucets, pipes, locks, bathtubs, gutters, downspouts, or other secondhand fixtures pertaining to a building or structure.

A BILL to amend and reenact § 59.1-123 of the Code of Virginia, relating to the requirements for dealing in secondhand building materials; exemptions.

15101957D

S.B. 1227 Telemedicine services; prescriptions.

Patron: McWaters

Telemedicine services; prescriptions. Amends the definition of telemedicine services to encompass the use of electronic technology or media, including interactive audio or video, for the purpose of diagnosing or treating a patient, consulting with other health care providers regarding a patient's diagnosis or treatment, or transmitting a patient's health care data. The measure also provides that an examination performed using telemedicine services shall be sufficient to meet the requirement for an "appropriate examination" and states that if a telemedicine services practitioner prescribes medication other than Schedule VI controlled substances to a patient, at least one in-person physical examination must have occurred.

A BILL to amend and reenact §§ 38.2-3418.16 and 54.1-3303 of the Code of Virginia, relating to the provision of health care services through telemedicine services.

15103367D

S.B. 1277 Insurance coverage for prescription contraceptives.

Patron: Barker

Insurance coverage for prescription contraceptives. Requires health insurance policies, individual or group accident and sickness subscription contracts, and health care plans offered by a health maintenance organization issued or renewed on or after July 1, 2015, to include coverage for any prescribed drug, device, or product approved by the U.S. Food and Drug Administration for use as a contraceptive. Currently, such coverage is required to be offered and made available as an option. Such coverage would not be required in any policy, contract, or plan that does not otherwise provide coverage for prescription drugs.

A BILL to amend and reenact § 38.2-3407.5:1 of the Code of Virginia, relating to insurance coverage for prescription contraceptives.

15103471D