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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: February 16, 2015
Time and Place: Monday, 1/2 after adjournment of the SENATE, Senate Room B

H.B. 1285 Workers' compensation; definition of employee; property owners' associations.

Patron: Scott

Workers' compensation; definition of employee; property owners' associations. Amends the definition of employee within the Virginia Workers' Compensation Act to exclude noncompensated employees, directors, and executive officers of any entity that constitutes a property owners' association under the provisions of the Property Owners' Association Act.

A BILL to amend and reenact § 65.2-101 of the Code of Virginia, relating to the Virginia Workers' Compensation Act; definition of employee; property owners' associations.

15100389D

H.B. 1357 Automobile and homeowners insurance policies; notices.

Patron: Miller

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. Provisions that currently provide more restrictive bulk mailing options are deleted.  

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.

15103975D

H.B. 1360 Securities Act; Crowdfunding Virginia Exemption.

Patron: Taylor

Securities Act; crowdfunding exemption. Creates an exemption from the securities, broker-dealer, and agent registration requirements of the Securities Act for any security issued by a Virginia entity if (i) the offering is conducted in accordance with the federal exemption for intrastate offerings in § 3(a)(11) of the Securities Act of 1933 and Securities Exchange Commission Rule 147; (ii) the offer and sale are made only to Virginia residents; (iii) the aggregate price of the securities offered under the exemption does not exceed $2 million or such other amount as the State Corporation Commission (SCC) establishes by rule or order; (iv) the maximum amount that may be invested by a purchaser who is not an accredited investor is $10,000 or such other amount as the SCC establishes by rule or order; (v) compensation is not paid to employees, agents, or other persons for the solicitation or based on the sale of such securities, who are not registered as a broker-dealer or agent except as permitted by the SCC; (vi) neither the issuer nor any related person is subject to disqualification; and (vii) the security is sold in an offering conducted in compliance with conditions established by rule or order of the SCC. The SCC may assess a filing fee not to exceed $500. The SCC is required to report annually on the implementation of the measure. The measure will expire on July 1, 2020.

A BILL to amend and reenact § 13.1-514 of the Code of Virginia, relating to the Securities Act; exemption.

15104116D

H.B. 1372 Workers' compensation insurance; use of experience rating, loss limitation.

Patron: Webert

Workers' compensation insurance; use of experience modification factor in contracting; not-at-fault motor vehicle accidents. States that any contract or offer to contract entered into or issued on or after July 1, 2016, that requires the contractor or bidder to have an experience modification factor equal to or less than any specified value shall be construed as requiring the contractor or person responding to the offer to have a secondary experience modification factor equal to or less than the specified value. Similarly, a term of an offer to contract issued on or after July 1, 2016, that requires that the successful bidder have an experience modification factor equal to or less than any specified value shall be satisfied by any bidder that has a secondary experience modification factor equal to or less than the specified value. Every uniform experience rating plan shall provide for a calculation of a secondary experience modification factor. The methodology for calculating a secondary experience modification factor for an employer shall be the same methodology used in assigning an experience modification factor except that it shall exclude loss experience arising from a motor vehicle accident for which the employee was not wholly or partially at fault. If liability for the accident has not yet been finally determined, the rate service organization shall not use information about the accident in its calculation of an employer's secondary experience modification factor until a final determination of liability has been made.

A BILL to amend and reenact § 38.2-1913 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 1 of Title 11 a section numbered 11-9.8, relating to offers to contract that condition eligibility on a bidder's experience modification factor; requiring the development and use of an experience modification factor that excludes not-at-fault motor vehicle accidents.

15103017D

H.B. 1386 Disaster relief; assistance by out-of-state businesses and employees.

Patron: Ware

Disaster relief assistance by out-of-state businesses and employees. Provides that out-of-state businesses and employees who come into the Commonwealth solely for the purpose of performing disaster-related or emergency-related work in response to a declared disaster or emergency shall not be subject to state or local taxes or registration requirements. Upon request, the State Corporation Commission may require such a business to provide certain information. The Commission is required to maintain a record of such information and to make the record available to the public. The bill contains an emergency clause.

A BILL to amend and reenact § 12.1-12 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 44-146.28:2, relating to disaster relief assistance by out-of-state businesses and employees.

15104057D

EMERGENCY

H.B. 1444 Vision care plans; reimbursement for services.

Patron: Ware

Vision care plans; reimbursement for services. Prohibits a participating provider agreement between a vision care plan carrier and an optometrist or ophthalmologist from establishing the fee or rate that the optometrist or ophthalmologist is required to accept for the provision of health care materials or services, or from requiring that an optometrist or ophthalmologist accept the reimbursement paid by the vision care plan carrier as payment in full, unless the services or materials are covered services or covered materials under the applicable vision care plan. Reimbursements by a vision care plan carrier are required to be reasonable, which is defined as the negotiated fee or rate that is set forth in the participating provider agreement and is acceptable to the provider. Vision care plans shall not require an optometrist or ophthalmologist to use a particular optical laboratory, manufacturer of eyeglass frames or contact lenses, or third-party supplier as a condition of participation in a vision care plan. Changes to a participating provider agreement shall be submitted in writing to the optometrist or ophthalmologist at least 30 days prior to their effective date. Provisions of this measure that relate to covered materials also apply to licensed opticians practicing in the Commonwealth. The State Corporation Commission does not have jurisdiction to adjudicate individual controversies arising out of this measure.

A BILL to amend and reenact §§ 38.2-4214, 38.2-4319, and 38.2-4509 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 34 of Title 38.2 a section numbered 38.2-3407.19, relating to payments for certain services provided by optometrists and ophthalmologists.

15104222D

H.B. 1475 Natural gas utilities; recovery and deferral of system expansion infrastructure costs.

Patron: Ware

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 measure does not apply to interstate pipeline companies regulated by the Federal Energy Regulatory Commission. Construction projects undertaken pursuant to this measure are required to be completed in accordance with standards filed with the Department of Environmental Quality.

A BILL to amend the Code of Virginia by adding in Title 56 a chapter numbered 28, consisting of sections numbered 56-610, 56-611, and 56-612, relating to natural gas system expansion infrastructure; recovery and deferral of costs.

15104079D

H.B. 1486 Workers' compensation; exclusivity of remedy.

Patron: Habeeb

Workers' compensation; exclusivity of remedy. Provides that if a court or the Worker's Compensation Commission makes a finding in an unappealed order that an accident, disease, injury, disease 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 and certain others from arguing before the Commission or a court that the accident, injury, disease or death did not arise out of and in the course and scope of the employee's employment. The bill further sets out the notice provisions required in order for the court finding to be res judicata.

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

15104730D

H.B. 1487 Depository institutions; authority to sponsor savings promotions.

Patron: Habeeb

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.

15100805D

H.B. 1523 Workforce Development, Virginia Board of; qualification for services related to WIA.

Patron: Byron

Virginia Board of Workforce Development; qualification for services related to the Workforce Investment Act. Provides that for the purposes of implementing the Workforce Investment Act (WIA), income from service in the Virginia National Guard shall not disqualify unemployed service members from WIA-related services.

A BILL to amend and reenact § 2.2-2472 of the Code of Virginia, relating to the Virginia Board of Workforce Development; qualification for Workforce Investment Act-related services.

15101848D

H.B. 1563 Business entities; reserved names.

Patron: Rust

Business entities; reserved names. Allows the owner of a reserved name for a stock or nonstock corporation, limited liability company, business trust, or limited partnership to use the name for any of these forms of business entity regardless of the business entity type. The measure also deletes from various name reservation statutes the requirement that a business entity designation be included in the application for a reserved name.

A BILL to amend and reenact §§ 13.1-631, 13.1-830, 13.1-1013, 13.1-1215, and 50-73.3 of the Code of Virginia, relating to reserved names of business entities.

15101505D

H.B. 1608 Local government; prohibits practices that would require contractors to provide benefits.

Patron: Davis

Prohibiting certain local government practices that would require contractors to provide certain compensation or benefits. Prohibits local governing bodies from establishing provisions related to procurement of goods, professional services, or construction services that would require a wage floor or any other employee benefit or compensation above what is otherwise required by state or federal law to be provided by a contractor to one or more of the contractor's employees as part of a contract with the locality. The prohibition shall not affect contracts between a locality and another party that were executed prior to January 31, 2016, or the renewal or future rebids of services thereof. Also, localities shall not be prohibited from entering into contracts for economic development incentives in which the company receiving the incentives is required to maintain a certain stated wage level for its employees.

A BILL to prohibit certain local government practices that would require contractors to provide compensation or benefits beyond those required under state or federal law.

15103193D

H.B. 1629 Financial institutions; a bank may establish & operate automated teller machines, service facility.

Patron: Byron

Financial institutions; automated teller machines. Excludes any automated teller machine, cash-dispensing machine, or similar electronic or computer terminal from the definition of a credit union's service facility. By excluding such items from the scope of what constitutes a service facility, the measure removes the requirement that their locations be approved by the State Corporation Commission (SCC). The measure also removes the requirement that in-state banks provide notice to, and receive approval from the SCC before establishing automated teller machines. The measure also removes the requirement that out-of-state banks provide a copy of notice or application, or both, to its home state regulator to the SCC.

A BILL to amend and reenact §§ 6.2-832 and 6.2-1326 of the Code of Virginia, relating to financial institutions; terminals; service facilities.

15103791D

H.B. 1640 State Corporation Commission; certificates of fact.

Patron: Marshall, D.W.

State Corporation Commission; certificates of fact. Removes several provisions relating to corporations that the clerk of the State Corporation Commission currently is required, upon request, to certify. The measure also allows the clerk's signature to be a facsimile and authorizes the clerk to issue a certificate of good standing regarding foreign corporations. The measure includes several technical corrections.

A BILL to amend and reenact § 12.1-20 of the Code of Virginia, relating to certificates of fact issued by the clerk of the State Corporation Commission.

15101503D

H.B. 1681 Workplace safety; employer reporting requirements.

Patron: Carr

Workplace safety; employer reporting requirements. Requires employers to notify the Virginia Department of Labor and Industry of any work-related hospitalization, amputation, or loss of an eye. Existing law requires employers to report hospitalizations involving three or more employees and does not specifically address reporting an amputation or enucleation.

A BILL to amend and reenact § 40.1-51.1 of the Code of Virginia, relating to workplace safety; employer reporting requirements.

15102691D

H.B. 1742 Self storage insurance; authority of unit lessors.

Patron: Hugo

Self storage unit insurance. Removes the per-customer dollar limit on the amount of incidental compensation an employee or representative of a lessor of self storage units may receive in connection with the sale of self storage insurance. Currently, such compensation is limited to $10 per customer who purchases such coverage for a self storage unit.

A BILL to amend and reenact § 38.2-1884 of the Code of Virginia, relating to self storage insurance; authority of unit lessors.

15101534D

H.B. 1747 Health insurance; mental health parity.

Patron: O'Bannon

Health insurance; mental health parity. Conforms certain requirements regarding coverage for mental health and substance use disorders to provisions of the federal Mental Health Parity and Addiction Equity Act. The measure requires that group and individual health insurance coverage shall provide mental health and substance use disorder benefits. Such benefits shall be in parity with the medical and surgical benefits contained in the coverage in accordance with the federal Mental Health Parity and Addiction Equity Act of 2008, even where those requirements would not otherwise apply directly. The measure requires any health insurer whose policy, contract or plan provides coverage for mental health and substance use disorder benefits to provide to the Bureau of Insurance information regarding the rates at which claims for mental health and substance use disorder benefits are denied under each policy, contract, or plan it provides. The Bureau shall make annual reports available to the public. The reports shall provide the means to compare the rates at which each insurer, for each of its policies, contracts, and plans, has denied claims for mental health and substance use disorder benefits. The bill includes a technical amendment.

A BILL to amend and reenact §§ 38.2-3412.1, 38.2-3418.17, 38.2-4300, 38.2-4319, and 38.2-5800 of the Code of Virginia and to repeal § 38.2-3412.1:01 of the Code of Virginia, relating to health insurance; mental health parity; transparency of claims denial information.

15102802D

H.B. 1768 Workplace safety; Voluntary Protection Program.

Patron: Loupassi

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.

15102979D

H.B. 1800 Open-end lending by banks, savings institutions, etc.; determining grace period.

Patron: Villanueva

Open-end lending by banks, savings institutions, and credit unions; 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 a bank, savings institution, or credit union 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 and 6.2-318 of the Code of Virginia, relating to open-end credit extended by banks, savings institutions, and credit unions.

15104055D

H.B. 1806 Workers' compensation; exclusion of certain truck owner-operators.

Patron: Villanueva

Workers' compensation; exclusion of certain truck owner-operators. Excludes any owner-operator of a motor vehicle that is leased with or to a common or contract carrier in the trucking industry from the definition of an employee for purposes of the Virginia Workers' Compensation Act, if certain conditions establish that the owner-operator is an independent contractor.

A BILL to amend and reenact § 65.2-101 of the Code of Virginia, relating to the Virginia Workers' Compensation Act; exclusion for owner-operator of leased motor vehicle.

15102746D

H.B. 1819 Motor vehicle liability insurance; underinsured motorist claims, settlement procedures, subrogation.

Patron: Kilgore

Motor vehicle liability insurance; underinsured motorist claims; settlement procedures; subrogation. Establishes a procedure by which an injured person or personal representative may settle a claim with a liability insurer or insurers and the liability insurer's or insurers' insured for the limits of the liability insurer's coverage without prejudice to any underinsured motorist benefits or claim. Upon payment of the liability insurer's limits, the liability insurer has no further duties to its insured and the underinsured motorist benefits insurer shall have no right of subrogation or claim against the underinsured motorist. However, if the underinsured motorist unreasonably fails to cooperate with the underinsured motorist benefits insurer in the defense of any lawsuit brought by the injured person or their personal representative, he may again be subjected to a claim for subrogation by the underinsured motorist benefits insurer. The measure also provides that an insurer paying underinsured motorist benefits to an insured shall have no right of subrogation against any person who settled with the underinsured motorist benefits insurer's insured pursuant to this new procedure unless the underinsured motorist failed to reasonably cooperate in the defense of any lawsuit brought against him. The underinsured motorist benefits insurer is required to pay the reasonable costs and expenses related to procuring the insured's cooperation. If the underinsured motorist cooperates with the underinsured motorist benefits insurer, or if his failure to do so was not unreasonable, then the court may award him his costs, including attorney fees, in defending the subrogation action.

 A BILL to amend and reenact § 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a section numbered 8.01-66.1:1, relating to motor vehicle accidents; settlement of underinsured motorist claims; subrogation claims by underinsured motorist benefits insurer.

15104760D

H.B. 1820 Workers' compensation; pecuniary liability for medical services.

Patron: Farrell

Workers' compensation; payment for medical services. Requires the Virginia Workers' Compensation Commission to establish the prevailing community rate for medical, surgical, or hospital services in communities at an amount that is representative of the charge for the same services charged by providers in the community where the services are provided in the Commonwealth. The Commission is directed to obtain a representative sample of charges for such services by providers in a community. If the sample size of data of charges is sufficient to serve as the basis for statistically significant results, the Commission shall establish the prevailing community rate for the service at the middle value of such mean, median, and mode of the charges for the same services. The Commission is required annually to adjust each prevailing community rate to reflect the rate of increase in the medical care component of the Consumer Price Index for All Urban Consumers (CPI-U).The Commission may further adjust each prevailing community rate in consideration of access to health care, the need to control costs, or factors. The measure will expire on July 1, 2018.

A BILL to amend and reenact § 65.2-605 of the Code of Virginia, relating to workers' compensation; pecuniary liability for medical services.

15104477D

H.B. 1878 Stock corporations and nonstock corporations; procedures.

Patron: Kilgore

Stock corporations and nonstock corporations; procedures. Compiles multiple revisions to the Virginia Stock Corporation Act and the Virginia Nonstock Corporation Act, including provisions (i) authorizing corporate bylaws to include a requirement that a circuit court or federal district court in Virginia or in the jurisdiction where the corporation has its principal office shall be the sole and exclusive forum for derivative actions and certain other legal proceedings; (ii) providing a process for persons to provide that a written consent will be effective at a future time not exceeding 60 days in the future; (iii) providing that any required notice of a new meeting date for an adjourned meeting be given not less than 10 days before the meeting date; (iv) updating procedures relating to the duties of inspectors with regard to determining voting results; (v) establishing procedural requirements for legal actions to determine matters relating to elections, voting, appointment and removal of directors and officers, and nominations; (vi) removing limits on the duration of voting trusts and shareholder agreements; (vii) addressing the qualifications for nomination to and membership on a board of directors; (viii) establishing an alternative scenario in which shareholder approval of a plan of merger or share exchange involving a public corporation is not required, which may be exercised when a corporation or limited liability company irrevocably accepts as payment shares tendered pursuant to a tender or exchange offer for any and all of the outstanding shares of a constituent corporation representing sufficient votes to approve the plan or merger or share exchange; (ix) authorizing a foreign parent corporation that owns a share of a domestic subsidiary corporation that possesses at least 90 percent of the voting power of each class and series of the outstanding shares of the subsidiary that have voting power to merge the subsidiary into itself or into another domestic or foreign subsidiary, or merge itself into the subsidiary if permitted by the laws under which any such foreign parent or subsidiary corporation is organized or by which it is governed, without the approval of the board of directors or shareholders of the subsidiary; (x) limiting the appraisal rights of a shareholder in a corporate action involving the consummation of a disposition of assets under certain circumstances and adding appraisal rights upon the consummation of certain domestications; (xi) requiring shareholders who wish to assert appraisal rights to deliver written notice of their intent to demand payment prior to certain proposed corporate actions becoming effective, subject to certain conditions; (xii) removing the provision that limits a shareholder's right to contest the legality of fundamental transactions if notice of the adoption of the corporate action was provided at least 10 days before the corporate action was effected; and (xiii) specifying certain factors to be considered by a court when determining the fair value of a petitioner's shares in a proceeding under which a corporation may purchase the petitioner's shares in lieu of corporate dissolution. The measure also includes numerous technical and conforming amendments.

A BILL to amend and reenact §§ 13.1-603, 13.1-624, 13.1-627, 13.1-649, 13.1-657, 13.1-658, 13.1-664.1, 13.1-665, 13.1-669.1, 13.1-670, 13.1-671.1, 13.1-674, 13.1-685, 13.1-699, 13.1-716 through 13.1-719.1, 13.1-730, 13.1-732, 13.1-733, 13.1-741.1, 13.1-746.1, 13.1-749.1, 13.1-826, 13.1-841, 13.1-842, 13.1-847.1, 13.1-848, 13.1-852.1, 13.1-865, 13.1-878, 13.1-894, 13.1-895, and 13.1-908.1 of the Code of Virginia, relating to stock and nonstock corporations.

15101207D

H.B. 1880 Workers' compensation; financing Uninsured Employer's Fund.

Patron: Kilgore

Workers' compensation; Uninsured Employer's Fund; financing tax. Extends until July 1, 2018, the existing 0.5 percent maximum tax rate that may be assessed on uninsured or self-insured employers. The maximum rate, which was increased from 0.25 percent to 0.5 percent in 2009, is scheduled to revert to 0.25 percent on July 1, 2015. The revenues from the tax fund workers' compensation benefits that are awarded against such employers from the Uninsured Employer's Fund.

A BILL to amend and reenact the second enactment of Chapter 219 of the Acts of Assembly of 2009, as amended and reenacted by Chapter 647 of the Acts of Assembly of 2012, relating to financing the Uninsured Employer's Fund established under the Virginia Workers' Compensation Act.

15101565D

H.B. 1940 Health insurance; mandated coverage for autism spectrum disorder.

Patron: Greason

Health insurance; mandated coverage for autism spectrum disorder. Requires health insurers, health care subscription plans, and health maintenance organizations to provide coverage for the diagnosis and treatment of autism spectrum disorder in individuals from age two through ten. Currently, such coverage is required to be provided for individuals from age two through age six. The provision applies with respect to insurance policies, subscription contracts, and health care plans delivered, issued for delivery, reissued, or extended on or after January 1, 2016.

 A BILL to amend and reenact § 38.2-3418.17 of the Code of Virginia, relating to health insurance; coverage for autism spectrum disorder.

15104921D

H.B. 1942 Health insurance; carrier business practices, prior authorization provisions.

Patron: Habeeb

Health insurance; prior authorization for drug benefits. Requires certain health insurance contracts under which an insurance carrier or its intermediary has the right or obligation to require preauthorization for a drug benefit to include provisions governing the preauthorization process. Required provisions address (i) acceptance by carriers of telephonic, facsimile, or electronic submission of prior authorization requests that are delivered from e-prescribing systems, electronic health record systems, and health information exchange platforms that utilize certain standards; (ii) time limits for communicating to the prescriber that a request is approved, denied, or requires supplementation; (iii) providing reasons for denial of a request; (iv) honoring a prior authorization approved by another carrier; (v) use of a tracking system for prior authorization requests; and (vi) making formularies, drug benefits subject to prior authorization, prior authorization procedures, and certain forms available through the carrier's website. The measure also requires certain organizations to convene a workgroup to identify common evidence-based parameters for carrier approval of certain prescription drugs.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3407.15:2, relating to health insurance; carrier business practices; prior authorization provisions.

15104573D

H.B. 1950 Electric utilities; net energy metering.

Patron: McClellan

Electric utilities; net energy metering. Increases, from 500 kilowatts to one megawatt, the maximum generating capacity of an electrical generating facility owned or operated by an electric utility's nonresidential customer that may be eligible for participation in the utility's net energy metering program. In addition, the capacity of any generating facility installed under this section after July 1, 2015, shall not exceed the expected annual energy consumption based on the previous 12 months of billing history or an annualized calculation of billing history if 12 months of billing history is not available. The measure also (i) requires any eligible customer-generator seeking to participate in net energy metering to notify its supplier and receive approval to interconnect prior to installation of an electrical generating facility and (ii) clarifies requirements regarding the customer-generator's obligation to bear the costs of equipment required for the interconnection to the supplier's electric distribution system. The change to the definition of an "eligible customer-generator" affects the definition of a "qualified energy project" as used in the Virginia Small Business Financing Act.

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

15104710D

H.B. 1986 Workforce Development, Virginia Board of; changes to Board requirements.

Patron: Byron

Virginia Board of Workforce Development. Makes several changes to the Virginia Board of Workforce Development (Board), including (i) requiring quarterly meetings of the Board; (ii) establishing a full-time director position to be supervised by the Governor's Chief Workforce Development Advisor (Advisor) and dedicated to supporting the Board's operations; and (iii) adding, as an area of policy advice to the Governor, issues to create a business-driven system that increases the rates of attainment of workforce credentials and jobs. Beginning November 1, 2016, and annually thereafter, each agency administering any publicly funded career and technical education and workforce development program shall submit to the Governor and the Board a report detailing the program's performance against state-level metrics established by the Advisor. In addition, the Advisor, the Commissioner of the Virginia Employment Commission (VEC), and the Chancellor of the Virginia Community College System (VCCS) shall enter into a memorandum of understanding that sets forth (a) the roles and responsibilities of each of these publicly funded entities; (b) a funding mechanism that adequately supports operations under the federal provisions; and (c) a procedure for the resolution of any disagreements that may arise. The Advisor, VEC, and VCCS shall collaborate to produce an annual executive summary. Each local workforce development board shall develop and execute a strategic plan designed to combine public and private resources to support sector strategies, career pathways, and career readiness skills development. This bill also sets the minimum level of fiscal support from WIOA Adult and Dislocated Worker funds, and provides incentives. The bill also makes several technical amendments required with the transition from the federal Workforce Investment Act of 1998 to the federal Workforce Innovation and Opportunity Act of 2014. On October 1, 2017, the Executive Director of the Board shall provide members of the Board with a detailed report evaluating local workforce develop boards’ rate of the expenditures for incentives from July 1, 2015, to July 1, 2017.

A BILL to amend and reenact §§ 2.2-435.7, 2.2-435.8, 2.2-2238.1, 2.2-2470, 2.2-2471, 2.2-2472, and 60.2-113 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 4.2 of Title 2.2 sections numbered 2.2-435.9 and 2.2-435.10 and by adding sections numbered 2.2-2471.1, 2.2-2472.1, and 2.2-2472.2, relating to workforce development; coordination of statewide delivery of workforce development and training programs and activities.

15104786D

H.B. 2031 Health insurance; updating maximum allowable cost pricing lists.

Patron: Yost

Health insurance; updating maximum allowable cost pricing lists. Requires any contract between a health insurance carrier and its intermediary pursuant to which the intermediary has the right or obligation to establish a maximum allowable cost, and any provider contract between a carrier and a participating pharmacy provider or its contracting agent pursuant to which the carrier has the right or obligation to establish a maximum allowable cost, to contain specific provisions that require the intermediary or carrier to update, not less frequently than once every seven days, the maximum allowable cost list, unless there has been no change to the maximum allowable cost of any drug on the list since the last update. Such contracts are also required to contain specific provisions that require the intermediary or carrier to (i) verify, not less frequently than once every seven days, that the drugs on the maximum allowable cost list are available to participating pharmacy providers from at least one regional or national pharmacy wholesaler and that the amount for each drug is not obsolete and promptly revise the maximum allowable cost if necessary to comply with this subsection; (ii) provide a process for each participating pharmacy provider to readily access the maximum allowable cost list specific to that provider; and (iii) prohibit the intermediary or carrier from terminating or failing to renew its contractual relationship with a participating pharmacy provider for invoking its rights under any of these required contractual provisions. Such contracts are also required to contain provisions that require the intermediary or carrier to provide a process for an appeal, investigation, and resolution of disputes regarding maximum allowable cost drug pricing. The State Corporation Commission shall not have jurisdiction to adjudicate individual controversies arising out of this measure.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3407.15:2, relating to pharmacy benefits administration; contracts; disclosure of maximum allowable cost for prescription drugs.

15104254D

H.B. 2059 Limited partnerships; admission or withdrawal of partners.

Patron: Pillion

Limited partnerships; admission or withdrawal of partners. Provides that a person may be admitted to a limited partnership as a general partner and may receive a partnership interest in it without making, or being required to make, a contribution to the limited partnership. The measure also provides that, unless a partnership agreement otherwise provides, a person may be admitted to a limited partnership as its general partner without acquiring a partnership interest in the limited partnership. Finally, the measure clarifies that the withdrawal of a general partner from a limited partnership does not cause its dissolution (i) when there is at least one other general partner, unless the partnership agreement provides otherwise or all remaining partners agree or (ii) when all remaining partners agree in writing to continue the business of the limited partnership.

A BILL to amend and reenact §§ 50-73.27 and 50-73.49 of the Code of Virginia, relating to limited partnerships; admission and withdrawal of partners.

15101208D

H.B. 2081 Employers; disclosure of social media account information.

Patron: Peace

Employers; disclosure of social media account information. Prohibits an employer from requiring, requesting, or causing a current or prospective employee to disclose the username and password to a current or prospective employee's social media account. The measure also prohibits an employer from (i) requiring an employee to add an employee, a supervisor, or an administrator to the list or contacts associated with the employee's social media account or (ii) changing the privacy settings associated with the employee's social media account.

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 prohibitions on an employer's requiring or requesting employees to disclose usernames or passwords for social media accounts; access to social media account.

15100868D

H.B. 2176 Virginia Stock Corporation Act and Virginia Nonstock Corporation Act; updates terminology.

Patron: Joannou

Virginia Stock Corporation Act and Virginia Nonstock Corporation Act. Updates terminology and addresses shortcomings in the Virginia Stock and Nonstock Corporation Acts. The measure (i) authorizes fiduciaries to sign a corporate annual report; (ii) authorizes the State Corporation Commission of its own motion to enter an order correcting staff errors; (iii) authorizes a credit for charter fees previously paid by a Virginia corporation that had converted to a Virginia limited liability company upon its conversion back to a Virginia corporation; (iv) authorizes the conversion of a Virginia stock corporation to a Virginia limited liability company by the board of directors when there are no shareholders and by the incorporators when there are no shareholders or directors; (v) redesignates a "reentry" by a revoked foreign corporation as a "reinstatement"; and (vi) provides hat a Virginia nonstock corporation can become a Virginia stock corporation by filing articles of restatement instead of articles of amendment. Other technical changes bring the provisions of these Acts into alignment with similar provisions in the Virginia Limited Liability Company Act, the Virginia Business Trust Act, the Virginia Revised Uniform Limited Partnership Act, and the Virginia Uniform Partnership Act.

A BILL to amend and reenact §§ 13.1-604, 13.1-614, 13.1-615, 13.1-615.1, 13.1-618, 13.1-706, 13.1-710, 13.1-722.5, 13.1-722.7, 13.1-722.12, 13.1-722.13, 13.1-722.14, 13.1-754, 13.1-759, 13.1-760, 13.1-762, 13.1-766.1, 13.1-767, 13.1-769, 13.1-769.1, 13.1-804, 13.1-810.1, 13.1-813, 13.1-815, 13.1-818, 13.1-885, 13.1-898.5, 13.1-898.7, 13.1-916, 13.1-921, 13.1-922, 13.1-928.1, 13.1-929, 13.1-931, 13.1-931.1, 13.1-941.01 through 13.1-944, 13.1-944.5, 13.1-944.6, and 13.1-944.7 of the Code of Virginia, relating to the Virginia Stock and Nonstock Corporation Acts.

15103080D

H.B. 2209 Partnerships; general formation.

Patron: O'Quinn

General partnerships; formation. Provides that each person to be admitted as a partner to a general partnership may be admitted as a partner and may receive a partnership interest therein without making, or being required to make, a contribution to the partnership. The measure also provides that each person to be admitted as a partner to a partnership may be admitted as a partner without acquiring a transferable interest in the partnership. The measure does not affect provisions that prescribe a partner's liability for obligations of the partnership.

A BILL to amend and reenact § 50-73.88 of the Code of Virginia, relating to the formation of general partnerships.

15101209D

H.B. 2267 Virginia Solar Energy Development Authority.

Patron: Hugo


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, of whom six will be appointed by the Governor, three will be appointed by the Speaker of the House, and two will be appointed by the Senate Committee on Rules. 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. 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 may be provided by any source, public or private, for the purposes for which the Authority is created. The bill has a sunset date of July 1, 2025.

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.

15104597D

H.B. 2274 Electric utilities; cost recovery.

Patron: Kilgore

Electric utilities; cost recovery. Permits investor-owned electric utilities to recover from certain customers, through a rate adjustment clause, the projected and actual costs of designing, implementing, and operating State Corporation Commission-approved programs that accelerate the vegetation management of distribution rights-of-way. The measure provides that these costs shall not be allocated to or recovered from certain classes of large customers.

A BILL to amend and reenact § 56-585.1 of the Code of Virginia, relating to electric utility ratemaking; rate adjustment clause for distribution reliability and system security.

15102980D

H.B. 2299 Health services plans; effects of actions of other states.

Patron: Miller

Health services plans; effects of actions of other states. Requires the State Corporation Commission (SCC) to conduct a proceeding to review and evaluate the effect of a law or other regulatory action of another state that requires a health services plan operating in the Commonwealth to distribute or reduce its surplus on grounds that it is excessive. Currently the SCC may, but is not required to, conduct such a proceeding or examination only when another state enacts a law providing a program or benefits for the residents of the other state. The measure authorizes the SCC, if it finds that the other state's action is harmful to the interests of residents of the Commonwealth, to (i) prohibit the health services plan from distributing or reducing its surplus for the benefit of residents of another state or (ii) take any other action the SCC finds necessary to protect the interests of the residents of the Commonwealth. The measure also prohibits a health services plan from distributing or reducing its surplus pursuant to a law or regulatory action that is the subject of such a proceeding by the SCC except with the approval of the SCC.

A BILL to amend and reenact § 38.2-4229.2 of the Code of Virginia, relating to health services plans; effects of actions by other states.

15104777D

H.B. 2357 Insurance rates; limitation for renewal policies.

Patron: O'Quinn

Insurance rates; policies transferred pursuant to agent book transfer. Clarifies that an insurer may cap the renewal rates for policies that have been transferred by an agent from one insurer to another insurer pursuant to an agent book transfer, to the same extent that such rates may be capped for policyholders whose coverage is continued by that insurer.

A BILL to amend and reenact § 38.2-1906 of the Code of Virginia, relating to insurance rates; limitation for renewal policies.

15104182D

H.B. 2384 Workers' compensation; electronic billing and payment.

Patron: Byron

Workers' compensation; electronic billing and payment. Requires employers and their insurance carriers to electronically process claims for medical expenses incurred under the Virginia Workers' Compensation Act. This requirement becomes effective January 1, 2018.

A BILL to amend and reenact § 65.2-605.1 of the Code of Virginia, relating to workers' compensation; electronic billing and payment.

15104214D