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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 21, 2019
Time and Place: 15 minutes after adjournment, Senate Room A
Updated to add SB1549

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. 1041

Patron: Black

Virginia Telephone Privacy Protection Act. Provides that a telephone solicitor and the seller on whose behalf or for whose benefit a telephone solicitation call offering or advertising a seller's property, goods, or services is made or initiated are jointly and severally liable for violations of the Virginia Telephone Privacy Protection Act (§ 59.1-510 et seq.). The measure establishes a presumption that a telephone solicitation call offering or advertising a seller's property, goods, or services is made or initiated on behalf of or for the benefit of the seller and provides that this presumption may be rebutted if it is shown by clear and convincing evidence that (i) the seller did not retain or request the telephone solicitor to make telephone solicitation calls on the seller's behalf or for the seller's benefit and (ii) such telephone solicitation calls were made by the telephone solicitor without the seller's knowledge or consent. The measure contains technical amendments.

A BILL to amend and reenact §§ 59.1-510, 59.1-515, and 59.1-517 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 59.1-514.1, relating to the Virginia Telephone Privacy Protection Act; joint liability of seller and telephone solicitor for violations; rebuttable presumption created.

19101057D

S.B. 1169

Patron: DeSteph


Apprentice agreements; ratio of apprentices to journeymen. Prohibits the Apprenticeship Council from adopting standards for apprenticeship agreements governing the numeric ratio of journeymen to apprentices that require more than one journeyman per two apprentices. Under the bill, this limit on the ratio of journeymen to registered apprentices does not apply to work performed under the federal Davis-Bacon Act.

A BILL to amend and reenact §§ 40.1-120 and 40.1-126 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 40.1-120.1, relating to apprenticeships; ratio of apprentices to journeymen.

19100793D

S.B. 1176

Patron: McPike

State Corporation Commission; natural gas utilities; investigative reports. Requires the State Corporation Commission to make available for public inspection any records and reports regarding investigations by the Commission of death or injury to any person or damage to property resulting from a leak or other incident involving facilities of a natural gas utility. The measure provides certain exemptions to the disclosure requirement if such disclosure would jeopardize the safety or security of any person, structure, information technology system, or software program.

A BILL to amend and reenact § 12.1-19 of the Code of Virginia, relating to the State Corporation Commission; natural gas utilities; investigative reports.

19103248D

S.B. 1266

Patron: Saslaw

Open-end credit plans; penalty. Requires that any person engaged in the business of extending credit under an open-end credit plan under which interest is charged at an annual rate that exceeds 36 percent obtain a license to do so from the State Corporation Commission. The measure prohibits a person licensed as a motor vehicle title lender from extending credit under an open-end credit plan and prohibits a third party from making open-end credit loans in the office of a licensed motor vehicle title lender. The measure prohibits a person that extends credit under an open-end credit plan under which interest is charged at an annual rate that exceeds 36 percent from (i) obtaining or accepting from a borrower an authorization to electronically debit the borrower's deposit account; (ii) failing to comply with certain restrictions and prohibitions applicable to debt collectors contained in the federal Fair Debt Collection Practices Act; (iii) filing a legal proceeding against a borrower until 60 days after the date of default on an open-end credit plan, during which period the person and the borrower may voluntarily enter into a repayment arrangement; or (iv) causing a person to be obligated to the licensee for a principal amount that exceeds $500. The measure also makes it a prohibited practice under the Virginia Consumer Protection Act to violate the requirements applicable to extending credit under an open-end credit plan.

A BILL to amend and reenact §§ 6.2-312 and 59.1-200 of the Code of Virginia, relating to open-end credit plans; penalty.

19101155D

S.B. 1272

Patron: Sturtevant

Banks; directors' meetings. Removes the ability of a bank's shareholders to fix the number that constitutes a quorum for a meeting of the bank's board of directors at not less than five. In its place, the measure authorizes a bank's shareholders to adopt a bylaw setting as a quorum a number that is not less than a majority of the bank's directors.

A BILL to amend and reenact § 6.2-866 of the Code of Virginia, relating to the quorum required for a meeting of the board of directors of a bank.

19101506D

S.B. 1290

Patron: Saslaw

Open-end credit plans; governing law. Provides that an open-end credit plan shall be governed solely by federal law and the laws of the Commonwealth, regardless of whether the seller or lender has a physical location in the Commonwealth. The measure removes a provision that allows another jurisdiction's laws to govern if expressly agreed in writing by the parties.

A BILL to amend and reenact § 6.2-435 of the Code of Virginia, relating to open-end credit plans.

19103712D

S.B. 1293

Patron: Chafin

Uninsured motorist insurance coverage; settlement and release. Provides that any release executed as a result of a liability insurer settling a personal injury claim with an underinsured claimant for the available limits of the liability insurer's coverage shall not operate to release any parties other than the liability insurer and the underinsured motorist. The bill clarifies that neither a duty to defend nor an attorney-client relationship is created between the underinsured motorist and counsel for the underinsured motorist benefits insurer without the express intent and agreement of the underinsured motorist. The measure modifies the language in the written notice that is required to be provided to the underinsured motorist upon settlement to further clarify that no attorney-client relationship or duty to defend is created between the underinsured motorist and the underinsured motorist benefits insurer as a result of the settlement and release. The bill clarifies that by sending the notice and release to the underinsured motorist's last known address by certified mail, the liability insurer satisfies the requirement of having the underinsured motorist sign the release and initial the notice.

A BILL to amend and reenact § 38.2-2206 of the Code of Virginia, relating to uninsured motorist insurance coverage; settlement and release.

19102892D

S.B. 1325

Patron: Chafin

Guaranteed asset protection waivers. Establishes requirements for offering guaranteed asset protection (GAP) waivers, which are agreements, entered into as a part of or addendum to a motor vehicle financing agreement, under which the creditor agrees for a separate charge to waive or cancel amounts due on the finance agreement if the financed motor vehicle is totally damaged or stolen. The measure requires the creditor to insure its GAP waiver obligations; prohibits a creditor from conditioning an extension or term of credit on the purchase of a GAP waiver; requires a GAP waiver to include disclosures regarding the cancellation of the GAP waiver during a free look period; and establishes requirements and restrictions for the cancellation of GAP waivers, including refund provisions. The measure authorizes the State Corporation Commission to assess monetary penalties against violators. The measure provides that GAP waivers are not insurance and are exempt from Virginia's insurance laws.

A BILL to amend the Code of Virginia by adding in Title 38.2 a chapter numbered 64, consisting of sections numbered 38.2-6400 through 38.2-6408, relating to guaranteed asset protection waivers.

19103836D

S.B. 1415

Patron: Mason

Public adjusters. Provides that public adjusting includes soliciting an insured. The measure expands the list of activities in which any person other than a licensed public adjuster is prohibited from engaging to include (i) preparing, completing, or filing an insurance claim on behalf of an insured; (ii) aiding or acting on behalf of an insured in negotiating for or effecting the settlement of a claim for loss or damage covered by an insurance contract; (iii) advertising for employment as a public adjuster; or (iv) soliciting, investigating, or adjusting a claim on behalf of a public adjuster or an insured. The measure provides that an insured may void a contract he may have signed with a person who is not licensed as a public adjuster. The measure also requires that (a) the account into which funds received by a public adjuster on behalf of an insured toward the settlement of a claim be a noninterest-bearing account and (b) the public adjuster keep accurate and itemized records of the funds deposited into the account, which funds are required to be held separately from other funds and be reasonably ascertainable from the books of accounts and records of the public adjuster.

A BILL to amend and reenact §§ 38.2-1845.1, 38.2-1845.12, 38.2-1845.13, and 38.2-1846.16 of the Code of Virginia, relating to the regulation of public adjusters.

19102498D

S.B. 1513

Patron: Carrico

Agricultural equipment; time frame for reporting nonconformities. Changes the date by which a consumer is required to report to a manufacturer, its agent, or its authorized dealer the nonconformity of agricultural equipment from the earlier to the later of (i) the expiration date of an express written warranty or (ii) one year following the date of delivery of the agricultural equipment.

A BILL to amend and reenact § 59.1-207.8 of the Code of Virginia, relating to agricultural equipment; time frame for reporting nonconformities.

19101072D

S.B. 1548

Patron: Surovell

Consumer finance companies. Requires the State Corporation Commission, as a condition of licensing a consumer finance company, to find that the applicant will not make consumer finance loans at the same location at which the applicant makes payday loans or motor vehicle title loans. The measure also (i) sets the minimum and maximum amounts of a consumer finance loan at $500 and $35,000, respectively; (ii) requires that such loans be installment loans with a term that is not less than six months nor more than 120 months; (iii) sets the maximum annual interest rate on such loans at 36 percent; (iv) authorizes late payment fees of $20, provided that they are set forth in a contract; (v) authorizes loan processing fees of the greater of $75 or five percent of the principal amount of the loan but not to exceed $150; and (vi) increases the amount of a bad check fee from $15 to $25.

A BILL to amend and reenact §§ 6.2-1507, 6.2-1520, and 6.2-1523 of the Code of Virginia, relating to consumer finance companies; loans; licensing.

19100338D

S.B. 1549

Patron: Surovell

Virginia Consumer Protection Act; exclusion. Updates the existing exception in the Virginia Consumer Protection Act for "small loan companies" to refer to "consumer finance companies."

A BILL to amend and reenact § 59.1-199 of the Code of Virginia, relating to the Virginia Consumer Protection Act; consumer finance companies.

19100344D

S.B. 1565

Patron: Dunnavant


Travel insurance. Establishes procedures and requirements for travel protection plans and travel administrators. The measure defines a "travel protection plan" as any plan that provides travel insurance, travel assistance services, or cancellation fee waivers and defines a "travel administrator" as a person who directly or indirectly underwrites, collects, charges collateral or premiums from, or adjusts or settles claims on residents of the Commonwealth, in connection with travel insurance. The measure establishes a premium tax on travel insurance premiums paid by residents of the Commonwealth and establishes acceptable practices for the sale and advertising of travel insurance. The measure has a delayed effective date of October 1, 2019.

A BILL to amend and reenact §§ 38.2-1887 and 38.2-1888 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 38.2-1888.1 through 38.2-1888.4 and 58.1-2501.1, relating to travel insurance.

19102495D

S.B. 1566

Patron: Marsden

Fantasy Contest Act; registration requirements. Allows the Department of Agriculture and Consumer Services (the Department) to set fantasy contest operator registration and renewal fees not to exceed (i) $5,000 for any applicant with annual gross receipts from the operation of fantasy contests in Virginia of not greater than $250,000 in the most recently completed fiscal year, (ii) $20,000 for any applicant with annual gross receipts from the operation of fantasy contests in Virginia of greater than $250,000 but not greater than $500,000 in the most recently completed fiscal year, or (iii) $40,000 for any applicant with annual gross receipts from the operation of fantasy contests in Virginia of greater than $500,000 in the most recently completed fiscal year. Under current law, every registration must be accompanied by an initial registration fee set by the Department. The bill changes the annual consumer protection testing and financial audit requirements for registrants to a single test conducted within the first year of operation and financial audits at the request of the Department.

A BILL to amend and reenact §§ 59.1-557 and 59.1-559 of the Code of Virginia, relating to Fantasy Contest Act; registration requirements.

19104188D

S.B. 1597

Patron: Saslaw

Research and development in the Commonwealth. Makes several changes related to the funding and oversight of research and development initiatives in the Commonwealth. The bill codifies the existing Virginia Biosciences Health Research Corporation (VBHRC), and brings it under the authority of the Innovation and Entrepreneurship Investment Authority (IEIA). The bill also creates a new Capital Research Investment Advisory Committee (Investment Committee), and an accompanying nonstock, nonprofit corporation under the IEIA, to oversee early and seed-stage venture capital investments. The Virginia Research Investment Committee would provide guidance to the IEA and the Investment Committee. The Board membership of the IEIA is expanded to include the chairman of VRIC and the VBHRC. Finally, the bill directs the Secretaries of Commerce and Trade and Education to convene a stakeholder group to review a recent technology report and make recommendations concerning the allocation of resources related to research, development, and commercialization.

A BILL to amend and reenact §§ 2.2-204, 2.2-2220, and 23.1-3132 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-2220.2 and 2.2-2232.1, relating to research and development in the Commonwealth.

19102131D

S.B. 1609

Patron: Saslaw

Banks; capital stock. Repeals a provision that bars the State Corporation Commission from authorizing a bank to commence business if commissions or other compensation have been paid by the bank for the sale of stock in the bank. The measure also removes the requirement that both organizing directors of a bank be bonded for an amount equal to the total amount of money to be collected before the bank opens for business through stock subscriptions or from purchases of the bank's stock.

A BILL to amend and reenact § 6.2-817 of the Code of Virginia and to repeal § 6.2-818 of the Code of Virginia, relating to banks; capital stock.

19103985D

S.B. 1636

Patron: Boysko

Virginia Equal Pay Act; civil penalties. Prohibits private employers from discriminating on the basis of membership in a protected class between employees in the payment of wages or other compensation for substantially similar work. The measure defines "protected class" as a group of persons distinguished by race, color, religion, sex, sexual orientation, gender identification or expression, political affiliation, national origin, marital status, veteran status, disability, or age. The measure also prohibits (i) discrimination between employees by providing less favorable employment opportunities; (ii) limiting an employee's right to discuss wages; (iii) infringement on an employee's right to not disclose wage or salary history; and (iv) retaliating against an employee. The bill also establishes criteria for when wage differentials between employees are permitted. Violations are subject to civil penalties.

A BILL to amend the Code of Virginia by adding in Chapter 3 of Title 40.1 an article numbered 1.2, consisting of sections numbered 40.1-28.13 through 40.1-28.17, and to repeal § 40.1-28.6 of the Code of Virginia, relating to the Virginia Equal Pay Act; civil penalties.

19104521D

S.B. 1639

Patron: Boysko

Paid family and medical leave program. Requires the Virginia Employment Commission to establish and administer a paid family and medical leave program. Under the program, benefits are paid to eligible employees for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees. The amount of a benefit is 70 percent of the employee's average weekly wage, not to exceed $850 per week, which amount is required to be adjusted annually to reflect changes in the Consumer Price Index. The measure caps the duration of paid leave at 12 weeks in any 52-week period, though 26 weeks of paid leave may be taken if the leave qualifies as military caregiver leave under the federal Family and Medical Leave Act. Employers with 25 or fewer employees are exempt from paying their contribution to the program but may elect to participate voluntarily. Self-employed individuals are provided the option of participating in the program. The measure also provides that employers may operate their own equivalent voluntary plans.

A BILL to amend the Code of Virginia by adding in Title 60.2 a chapter numbered 8, consisting of sections numbered 60.2-800 through 60.2-820, relating to the establishment of Paid Family and Medical Leave Program; financing through payroll taxes.

19104526D

S.B. 1670

Patron: Spruill

State Corporation Commission; pipeline facilities; inspection reports. Requires the State Corporation Commission to make available for public inspection any records and reports regarding inspections by the Commission of pipeline facilities used in the intrastate transportation of gas. The measure provides certain exemptions to the disclosure requirement if such disclosure would jeopardize the safety or security of any person, structure, information technology system, or software program.

A BILL to amend and reenact § 12.1-19 of the Code of Virginia, relating to the State Corporation Commission; pipeline facilities; inspection reports.

19103478D

S.B. 1673

Patron: Favola

Prevailing wage; public works contracts; penalty. Requires contractors and subcontractors under any public contract with a state agency for public works to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services in connection with the public contract for public works at the prevailing wage rate. The Commissioner of Labor and Industry is required to determine the prevailing wage rate for such public contracts on the basis of applicable prevailing wage rate determinations made by the U.S. Secretary of Labor under the provisions of the federal Davis-Bacon Act. A contractor or subcontractor who knowingly or willfully employs any mechanic, laborer, or worker to perform work contracted to be done under the public contract at a rate that is less than the prevailing wage rate is guilty of a Class 1 misdemeanor. In addition, such a contractor or subcontractor shall be liable to such individuals for the payment of all wages due plus interest and shall be disqualified from bidding on public contracts with any public body until full restitution has been paid to the individuals.

A BILL to amend and reenact § 40.1-6 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4321.3, relating to prevailing wage requirement for public works contracts; penalty.

19103679D

S.B. 1695

Patron: Wagner

Public utilities; acquisition of rights-of-way for economic development sites. Authorizes a public utility providing water, sewer, electric, or natural gas service to conduct an Economic Development Program (Program). Under such a Program, the utility is authorized to acquire utility right-of-way for one or more qualified economic development sites. The measure establishes criteria for the Virginia Economic Development Partnership Authority to certify that a site is a qualified economic development site. The State Corporation Commission (SCC) is authorized to approve a proposal for a Program that satisfies certain conditions, including a finding that implementation of the Program will provide significant economic development benefits that might not otherwise be attained absent its approval. A utility's capital investment is capped at one percent of gross plant investment in the aggregate of all of the utility's Programs and at $5 million for any specific qualified economic development site.

A BILL to amend the Code of Virginia by adding a section numbered 56-235.12, relating to public utilities; acquisition of rights-of-way for qualified economic development sites.

19104356D

S.B. 1696

Patron: Wagner

Wage payment statements. Requires each employer to provide on each regular pay date a written statement, by a paystub or online accounting, that shows the name and address of the employer, the number of hours worked during the pay period, and the rate of pay. Currently an employer is required to provide, when requested, a written statement of the employee's gross wages and any deductions.

A BILL to amend and reenact § 40.1-29 of the Code of Virginia, relating to payment of wages; statement of earnings.

19104493D

S.B. 1711

Patron: Carrico

Broadband service providers; fiber optic broadband lines; railroad crossings. Establishes a procedure by which a broadband service provider may obtain approval to place its fiber optic broadband lines across a railroad right-of-way. The measure provides that a broadband service provider may submit to the railroad company a notice of intent to construct, accompanied by a specification exhibit and a standard crossing fee of $800; if the railroad does not claim within 35 days that special circumstances exist or that the required specification exhibit is inadequate or incomplete, the broadband service provider is deemed to have authorization to commence placing the fiber optic broadband line across the railroad's right-of-way. The measure provides that a railroad company that believes that special circumstances exist may file a petition for relief with the State Corporation Commission. The bill requires the Commission to adopt regulations prescribing the terms and conditions for a crossing.

A BILL to amend the Code of Virginia by adding a section numbered 56-16.3, relating to broadband service providers; fiber optic broadband lines; railroad crossings.

19103944D

S.B. 1729

Patron: Norment

Workers' compensation; payment of claims. Prohibits a health care provider from submitting a claim to the Workers' Compensation Commission seeking additional payment for medical services rendered to a claimant before July 1, 2014, if the health care provider has previously accepted payment for the same medical services pursuant to the federal Longshore and Harbor Workers' Compensation Act. The measure prohibits the Commission from adjudicating any such claim.

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

19103721D