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2019 SESSION

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Senate Committee on Commerce and Labor

Chairman: Frank W. Wagner

Clerk: Chad Starzer
Staff: Frank Munyan Chrissy Noonan
Date of Meeting: January 14, 2019
Time and Place: 15 min after Adj. Senate Committee Room A
Updated to add SB 1528

S.B. 999

Patron: Stanley

Virginia Grocery Investment Program and Fund. Creates the Virginia Grocery Investment Program and Fund to provide funding for the construction, rehabilitation, equipment upgrades, or expansion of grocery stores, small food retailers, and innovative food retail projects, defined in the bill, in underserved communities.

A BILL to amend the Code of Virginia by adding in Title 36 a chapter numbered 10.2, consisting of sections numbered 36-156.3 through 36-156.6, relating to the Virginia Grocery Investment Program and Fund.

19100087D

S.B. 1017

Patron: Marsden

Minimum wage. Increases the minimum wage from its current federally mandated level of $7.25 per hour to (i) $8.00 per hour effective July 1, 2019; (ii) $9.00 per hour effective July 1, 2020; (iii) $10.10 per hour effective July 1, 2021; and (iv) $11.25 per hour effective July 1, 2022, unless a higher minimum wage is required by the federal Fair Labor Standards Act (FLSA). 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.

19100314D

S.B. 1022

Patron: Chase

Workers' compensation; presumption of compensability for certain diseases. Adds cancers of the colon, brain, or testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when firefighters and certain employees develop the cancer. The measure removes the compensability requirement that the employee who develops cancer had contact with a toxic substance encountered in the line of duty.

A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers' compensation; presumption of compensability for certain cancers.

19100438D

S.B. 1030

Patron: Cosgrove

Workers' compensation; presumption of compensability for certain diseases. Adds cancers of the colon, brain, or testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when firefighters and certain employees develop the cancer. The measure removes the compensability requirement that the employee who develops cancer had contact with a toxic substance encountered in the line of duty.

A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers' compensation; presumption of compensability for certain cancers.

19100983D

S.B. 1059

Patron: Favola

Wage or salary history inquiries prohibited; civil penalty. Prohibits a prospective employer from (i) requiring as a condition of employment that a prospective employee provide or disclose the prospective employee's wage or salary history or (ii) attempting to obtain the wage or salary history of a prospective employee from the prospective employee's current or former employers. Violations are subject to a civil penalty not to exceed $100 per violation.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:7, relating to prohibition on employer inquiry about wage or salary history of prospective employees; civil penalty.

19100893D

S.B. 1079

Patron: Spruill

Payment of wages. Removes the exemptions for newsboys, shoe-shine boys, ushers, doormen, concession attendants, and theater cashiers from coverage under the Virginia Minimum Wage Act (the Act). The measure limits the Act's exemption for babysitters to babysitters not employed more than 10 hours per week. The measure eliminates the Act's exemption for persons employed by an employer that has fewer than four employees at any one time.

A BILL to amend and reenact § 40.1-28.9 of the Code of Virginia, relating to the payment of wages; Virginia Minimum Wage Act.

19102096D

S.B. 1103

Patron: Howell

Payment of wages. Removes the exemption from the Virginia Minimum Wage Act of any person who normally works and is paid on the basis of the amount of work done.

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

19101813D

S.B. 1115

Patron: Petersen

State Corporation Commission; intervenor compensation. Establishes a process under which a public interest organization or a retail customer, including an entity representing retail customers, of a public service company that intervenes in a utility proceeding is compensated for its expenses. To be eligible for compensation, the State Corporation Commission is required to find that the intervenor's participation in the proceeding made a substantial contribution to the adoption of the Commission's order or decision, the intervenor's participation in the proceeding without an award of compensation imposes a significant financial hardship, and the intervenor represents an interest material to the proceeding which but for an award of compensation would not be adequately represented.

A BILL to amend the Code of Virginia by adding in Title 12.1 a chapter numbered 6, consisting of sections numbered 12.1-44 through 12.1-50, relating to compensation for certain costs incurred by certain retail customers of public service companies as intervenors in proceedings of the State Corporation Commission.

19100548D

S.B. 1172

Patron: McPike

Workers' compensation; presumption of compensability for certain diseases. Adds cancers of the colon, brain, or testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when firefighters and certain employees develop the cancer. The measure removes the compensability requirement that the employee who develops cancer had contact with a toxic substance encountered in the line of duty.

A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers' compensation; presumption of compensability for certain cancers.

19101600D

S.B. 1188

Patron: Dance

Extended service contracts; bonding. Eliminates the requirement that extended service contract providers file and maintain a bond or letter of credit with the Commissioner of the Department of Agriculture and Consumer Services.

A BILL to amend and reenact § 59.1-437 of the Code of Virginia, relating to extended service contract providers; bonding requirement.

19102368D

S.B. 1200

Patron: Dance

Minimum wage. Increases the minimum wage from its current federally mandated level of $7.25 per hour to $10 per hour effective July 1, 2019, to $13 per hour effective July 1, 2020, and to $15 per hour effective July 1, 2021, unless a higher minimum wage is required by the federal Fair Labor Standards Act (FLSA). The measure also provides that the Virginia minimum wage applies to persons whose employment is covered by the FLSA and to persons employed by the Commonwealth, its agencies or political subdivisions, or a public body.

A BILL to amend and reenact §§ 40.1-2.1, 40.1-28.9, and 40.1-28.10 of the Code of Virginia, relating to the minimum wage.

19101555D

S.B. 1317

Patron: Edwards

Incentives for telecommunications companies; provision of wireless broadband services. Directs the Tobacco Region Revitalization Commission to award at least $10 million per year in grants to cover expenditures for the purchase and installation of wireless and broadband equipment to rural service areas in the Commonwealth. The bill defines "rural service areas" as any locality with a mean broadband download speed of less than 10 megabits per second, and a mean broadband upload speed of less than one megabit per second. The bill also establishes a sales tax exemption, which would be phased in over four years, for property sold or leased to a telecommunications company and used directly in the rendition of its public service.

A BILL to amend and reenact § 58.1-609.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 3.2-3108.1, relating to incentives for telecommunications companies; provision of wireless broadband services.

19102885D

S.B. 1387

Patron: Wagner

Covenants not to compete; low-wage employees; civil penalty. Prohibits an employer from entering into, enforcing, or threatening to enforce a covenant not to compete between the employer and a low-wage employee. The employer is subject to a civil penalty of $10,000 per violation. The bill defines "low-wage employee" as an employee, intern, student, apprentice, or trainee whose average weekly earnings are less than the average weekly wage of the Commonwealth or who is employed without pay and "covenant not to compete" as an agreement that restrains, prohibits, or otherwise restricts an individual's ability to compete with his former employer. The bill allows any low-wage employee subject to such a covenant not to compete to bring a civil action against an employer and seek appropriate relief, including enjoining the conduct of any person or employer, ordering payment of liquidated damages, and awarding lost compensation, damages, and reasonable attorney fees and costs. The bill requires all employers to post in the workplace a notice of the bill's prohibition or a summary of the notice approved by the Department of Labor and Industry and provides that an employer is subject to a warning for a first offense and to a civil penalty for a subsequent offense for failure to post such notice or approved summary.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:7, relating to covenants not to compete; low-wage employees; civil penalty.

19100439D

S.B. 1389

Patron: Wagner

Hurricane and Flooding Risk Reduction and Bond Rating Protection Act of 2019; report. Creates the Hurricane and Flooding Risk Reduction and Bond Rating Protection Act of 2019, establishing the Commonwealth of Virginia as a nonfederal sponsor of hurricane and flooding risk reduction projects. The bill establishes the Virginia Hurricane and Flood Risk Reduction Authority (the Authority) and an 11-member board of directors (the Board) of the Authority. The bill provides that the Board shall exercise for the Governor executive authority over all phases of hurricane and flood risk reduction programs, including investigations, construction, operations, and maintenance, and that the Authority, which shall be hosted by a department of the Commonwealth as designated by the Governor, shall fulfill the directives of the Board. The bill sets out the membership and powers and duties of the Board and the departmental support to be provided to the Authority, including budgeting, work facilities, administrative management, logistics, human resources, legal, contracts, and information resources. The Joint Legislative Audit and Review Commission (JLARC) shall consult with Louisiana's Legislative Fiscal Office to assess the increased state and local tax flows in Louisiana that resulted from post-Katrina federal spending, including spending for the civil works storm and flooding risk reduction project. The bill requires JLARC to report to the General Assembly no later than November 1, 2019, on the results of its initial assessment.

A BILL to establish the Hurricane and Flooding Risk Reduction and Bond Rating Protection Act of 2019.

19100949D

S.B. 1393

Patron: Wagner

Advanced Shipbuilding Production Facility Grants; grant availability dates. Advances the period during which grants shall be available under the Advanced Shipbuilding Production Facility Grant Program to fiscal years 2021 to 2025. Under current law, such grants shall be available during fiscal years 2023 to 2027. The grants provided may not exceed $40 million in the aggregate and are subject to appropriation by the General Assembly.

A BILL to amend and reenact § 59.1-284.29 of the Code of Virginia, relating to Advanced Shipbuilding Production Facility Grants; grant availability dates.

19102727D

S.B. 1411

Patron: Mason

Burn buildings; change in terminology. Changes the term "burn buildings" in the Code of Virginia to "live fire training structures" to conform to the terminology used by the National Fire Protection Association and the Virginia Department of Fire Programs.

A BILL to amend and reenact § 38.2-401 of the Code of Virginia, relating to burn buildings; change in terminology.

19102204D

S.B. 1457

Patron: Vogel

Deposition of corporate officer. Provides that when an officer, as defined in the bill, who is called as a deposition witness files a motion for a protective order because the discovery sought by the deposition is obtainable from some other source that is more convenient, less burdensome, or less expensive, the burden is on the party seeking the deposition to defeat such a motion by showing that (i) the officer's deposition is reasonably calculated to lead to the discovery of admissible evidence, (ii) the officer may have personal knowledge of discoverable information that cannot be discovered through other means, and (iii) a deposition of a representative other than the officer or other methods of discovery are unsatisfactory, insufficient, or inadequate.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-420.4:1, relating to deposition of corporate officer.

19103759D

S.B. 1465

Patron: McPike

Workers' compensation; occupation disease presumptions; PTSD. Establishes a presumption that if certain firefighters, law-enforcement officers, hazardous materials officers, animal protection police officers, or 9-1-1 emergency call takers, dispatchers, or similarly situated employees (i) receive a diagnosis of post-traumatic stress disorder (PTSD) from a licensed physician, licensed clinical psychologist, licensed professional counselor, or licensed clinical social worker; (ii) suffer death or any impairment resulting in total or partial disability from work caused by the PTSD; and (iii) receive a statement from such a provider that the PTSD was caused by a single critical event or multiple exposures to critical events that occurred in the course of the employment, then the PTSD is an occupational disease, suffered in the line of duty, that is covered by the Virginia Workers' Compensation Act unless such presumption is overcome by a preponderance of competent evidence to the contrary. The measure provides that a "critical event" includes an event that results in serious injury or death to an individual; deals with a minor who has been injured, killed, abused, exploited, or a victim of a crime; deals with mass casualties; results in injury to or the death of a coworker; involves an immediate threat to the life of the claimant or another individual; or involves the abuse, cruelty, injury, exploitation, or death of an animal.

A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers' compensation; presumption that post-traumatic stress disorder is an occupational disease.

19103615D

S.B. 1528

Patron: Vogel

Workers' compensation; presumption of compensability for certain diseases. Adds cancers of the colon, brain, or testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when firefighters and certain employees develop the cancer. The measure removes the compensability requirement that the employee who develops cancer had contact with a toxic substance encountered in the line of duty.

A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers' compensation; presumption of compensability for certain cancers.

19103988D