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2020 SESSION

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Senate Committee on Commerce and Labor

Chair: Richard L. Saslaw

Date of Meeting: January 20, 2020
Time and Place: 15 min. After Adjourn /Senate Room A (Updated to correct room)
Updated to Correct Room Location

S.B. 27

Patron: Petersen

Uninsured and underinsured motorist insurance policies; bad faith. Provides that if an insurance company denies, refuses, or fails to pay its insured, or refuses a reasonable settlement demand within the policy's coverage limits, for a claim for uninsured or underinsured motorist benefits within a reasonable time after being presented with a demand for such benefits and it is subsequently found that such denial, refusal, or failure was not in good faith, then the insurance company shall be liable to the insured for the full amount of the judgment and reasonable attorney fees, expenses, and interest from the date the initial settlement demand was presented to the insurance company.

A BILL to amend and reenact §§ 8.01-66.1 and 38.2-2206 of the Code of Virginia, relating to uninsured and underinsured motorist insurance policies; bad faith.

20100601D

S.B. 48

Patron: Spruill

Nonpayment of wages; discriminatory actions prohibited. Prohibits an employer from discharging or otherwise discriminating against an employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding related to the failure to pay wages, or has testified or is about to testify in any such proceeding. The measure authorizes the Commissioner of Labor and Industry to institute proceedings against an employer who has taken such prohibited discriminatory action. Available remedies include reinstatement of the employee, recovery of lost wages, and liquidated damages.

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 3 of Title 40.1 a section numbered 40.1-33.1, relating to prohibiting employers from discriminating against employees for instituting proceedings for nonpayment of wages.

20100693D

S.B. 49

Patron: Spruill

Nonpayment of wages; investigations. Authorizes the Commissioner of Labor and Industry, if he acquires information during an investigation of a complaint of an employer's failure or refusal to pay wages and that information creates a reasonable belief that other employees of the same employer may not have been paid wages, to investigate whether the employer has failed or refused to make a required payment of wages to other employees. The measure also provides that if the Commissioner finds in the course of such investigation that the employer has committed a violation, the Commissioner may institute proceedings on behalf of any employee against his employer. In such proceedings, the Commissioner is not required to have obtained a written complaint of the violation or the written and signed consent of any employee.

A BILL to amend the Code of Virginia by adding a section numbered 40.1-29.1, relating to the authority of the Department of Labor and Industry to investigate employers for failure to pay wages.

20100694D

S.B. 77

Patron: Howell


Qualified education loan servicers. Prohibits any person from acting as a qualified education loan servicer except in accordance with provisions established by this bill. The bill requires a loan servicer to obtain a license from the State Corporation Commission (SCC) and establishes procedures pertaining to such licenses. Banks, savings institutions, credit unions, and nonprofit institutions of higher education are exempt from the licensing provisions. The servicing of a qualified education loan encompasses (i) receiving any scheduled periodic payments from a qualified education loan borrower pursuant to the terms of a qualified education loan; (ii) applying the payments of principal and interest and such other payments, with respect to the amounts received from a qualified education loan borrower, as may be required pursuant to the terms of a qualified education loan; and (iii) performing other administrative services with respect to a qualified education loan. Qualified education loan servicers are prohibited from, among other things, (a) misrepresenting the amount, nature, or terms of any fee or payment due or claimed to be due on a qualified education loan, the terms and conditions of the loan agreement, or the borrower's obligations under the loan; (b) knowingly misapplying or recklessly applying loan payments to the outstanding balance of a qualified education loan; and (c) failing to report both the favorable and unfavorable payment history of the borrower to a nationally recognized consumer credit bureau at least annually if the loan servicer regularly reports information to such a credit bureau. Violations are subject to a civil penalty not exceeding $2,500. The bill has a delayed effective date of July 1, 2021, but provides that applications shall be accepted, and investigations commenced, by the SCC beginning March 1, 2021.

A BILL to amend and reenact § 19.2-389, as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding in Title 6.2 a chapter numbered 26, consisting of sections numbered 6.2-2600 through 6.2-2617, relating to student loans; licensing of qualified education loan servicers; civil penalties.

20101362D

S.B. 94

Patron: Favola

Virginia Energy Plan; Commonwealth Energy Policy. States that the Commonwealth Energy Policy shall include (i) establishing greenhouse gas emissions reduction standards across all sectors of Virginia's economy that target net zero carbon emissions by mid-century; (ii) enacting mandatory clean energy standards and overall strategies for reaching zero carbon in the electric power sector by 2040; (iii) incorporating requirements for technical, policy, and economic analyses and assessments that identify pathways to zero carbon that maximize Virginia's economic development and create quality jobs; and (iv) minimizing the negative impacts of climate change and the energy transition on disadvantaged communities and prioritizing investment in these areas. The measure requires the Virginia Energy Plan to be prepared in consultation with a stakeholder group that includes representatives of consumer and environmental organizations. The measure also requires that the Virginia Energy Plan identify actions over a 10-year period consistent with the goal of the Commonwealth Energy Policy to achieve, no later than 2050, a net-zero carbon energy economy for all sectors, including electricity, transportation, building, and industrial sectors.

A BILL to amend and reenact §§ 67-102 and 67-201 of the Code of Virginia, relating to the Commonwealth Energy Policy and Virginia Energy Plan.

20100670D

S.B. 95

Patron: Favola

Health insurance; essential health benefits; preventive services. Requires a health carrier offering or providing a health benefit plan, including (i) short-term and catastrophic health insurance policies, and policies that pay on a cost-incurred basis; (ii) association health plans; and (iii) plans provided by a multiple-employer welfare arrangement, to provide, as an essential health benefit, coverage that includes preventive care. Essential health benefits include items and services covered in accordance with regulations issued pursuant to the Patient Protection and Affordable Care Act in effect as of January 1, 2019.

A BILL to amend and reenact §§ 38.2-3438, 38.2-3442, and 38.2-3451 of the Code of Virginia, relating to health insurance; essential health benefits; preventive services.

20100541D

S.B. 101

Patron: Marsden

Scanning information from driver's license. Allows a merchant to scan the machine-readable zone of an individual's Department of Motor Vehicles-issued identification card or driver's license in order to verify authenticity of the identification card or driver's license or to verify the identity of the individual when the individual requests a service pursuant to a membership or a service agreement. Currently, a merchant is allowed to conduct such a scan for identity verification purposes if the individual pays for goods or services with a method other than cash, returns an item, or requests a refund or an exchange. The measure also allows a merchant to retain information obtained from the machine-readable zone of the identification card or driver's license for such a verification purpose.

A BILL to amend and reenact § 59.1-443.3 of the Code of Virginia, relating to personal information privacy; scanning information from an identification card or driver's license.

20100237D

S.B. 164

Patron: Spruill

Accident airtrip insurance; vending machine sales. Repeals the authorization for insurers to issue policies of accident airtrip insurance by means of mechanical vending machines in public airports.

A BILL to repeal § 38.2-1807 of the Code of Virginia, relating to the sale of accident airtrip insurance by vending machines.

20101597D

S.B. 165

Patron: Spruill

Life and annuities agents; report on examination passage rate. Eliminates the requirement that the State Corporation Commission provide an annual report to the General Assembly on the licensure exam passage rate of candidates for licensure as a life and annuities agent.

A BILL to amend and reenact § 38.2-1815 of the Code of Virginia, relating to life and annuities agents; report on licensure exam passage rate.

20101602D

S.B. 192

Patron: Peake

Health insurance; physical therapist office visit; cost-sharing requirements. Prohibits health insurers, corporations providing health care coverage subscription contracts, and health maintenance organizations whose policies, contracts, or plans include coverage for physical therapy from imposing any cost-sharing requirements such as a copayment, coinsurance, or deductible for a physical therapist office visit that exceeds the cost-sharing requirements for a physician or osteopath office visit.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3407.9:06, relating to health insurance; physical therapist office visit; cost-sharing requirements.

20104256D

S.B. 235

Patron: Barker


Health insurance; association health plans. Provides that for policies of group accident and sickness insurance issued to an association, members of such an association may include (i) a self-employed individual and (ii) an employer member (a) with at least one employee that is domiciled in the Commonwealth or (b) that has a principal place of business that does not exceed the boundaries of a metropolitan area that is at least partially in the Commonwealth. The bill provides that for such policies issued to an association that covers at least 51 members and employees of employer members of such association on the first day of the plan year the policies shall be considered a large group market plan and are required to meet various provisions in the bill. The bill provides that to determine the size of an association all of the members and employees of employer members are aggregated and treated as employed by a single employer.

The bill requires an insurer issuing a policy to an association to (1) treat all of the members and employees of employer members who are enrolled in coverage under the policy as a single risk pool; (2) set premiums based on the collective group experience of the members and employees of employer members who are enrolled in coverage under the policy; (3) vary premiums by age, except that the rate shall not vary by more than 5 to 1 for adults; (4) not vary premiums based on gender; (5) not establish discriminatory rules based on the health status of an employer member, an individual employee of an employer member, or a self-employed individual for eligibility or contribution.

The bill requires the Commissioner of Insurance to, within 90 days of the enactment of the bill, apply to the U.S. Secretary of Health and Human Services for a state innovation waiver under the federal Patient Protection and Affordable Care Act, P.L. 111-148, to implement the provisions of the bill. The provisions of the bill regarding association health plans will become effective 30 days following the date the Commissioner of Insurance notifies the Governor and the Chairs of the House and Senate Committees on Commerce and Labor of federal approval of such waiver.

A BILL to amend and reenact §§ 38.2-3431, 38.2-3437, and 38.2-3521.1 of the Code of Virginia, relating to health insurance; association health plans.

20101513D

S.B. 250

Patron: Edwards

Medicare supplement policies for certain individuals under age 65. Requires insurers issuing Medicare supplement policies in the Commonwealth to offer the opportunity of enrolling in a Medicare supplement policy to any individual under age 65 who resides in the Commonwealth, is enrolled in Medicare Part B, and is eligible for Medicare by reason of disability. The provisions of the measure are applicable to health plans and health maintenance organizations.

A BILL to amend and reenact §§ 38.2-4214 and 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 36 of Title 38.2 a section numbered 38.2-3610, relating to Medicare supplement policies for certain individuals under age 65.

20100980D

S.B. 274

Patron: Barker

Motion picture theaters; required open-captioned showings. Requires any motion picture theater that has four or more separate auditoriums to provide two scheduled showings of a motion picture that engages open captions for a particular showing of an open-captioned-available motion picture each week in any auditorium showing any open-captioned-available motion picture. The measure requires one showing in each auditorium to be during peak weekend motion picture attendance hours, and at least half of the other open-captioned showings to be during peak weekday motion picture attendance hours. If any auditorium is showing more than one motion picture during a week, the theater may select the motion picture to offer as open-captioned showings, but shall show a different motion picture on the weekend than it shows during the week. The measure prohibits a theater from providing more than one open-captioned showing at overlapping times unless the theater has more auditoriums than available showtimes. Persons suffering loss or injury resulting from a violation may bring an action to recover damages and reasonable attorney fees or injunctive relief.

A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 20.1, consisting of sections numbered 59.1-261.1, 59.1-261.2, and 59.1-261.3, relating to motion picture theaters; open-caption showings.

20101030D

S.B. 280

Patron: Barker

Health insurance; mental health parity; required report. Codifies an existing requirement that the State Corporation Commission's Bureau of Insurance (the Bureau) make an annual report regarding claims information for mental health and substance use disorder benefits. The bill adds information regarding network adequacy to such report and requires the Bureau to submit the report to the House Committee on Commerce and Labor and the Senate Committee on Commerce and Labor by September 1 of each year. The bill directs the Joint Legislative Audit and Review Commission (JLARC) to conduct a third-party review of the Bureau's report. The bill requires JLARC, in conducting its review, to examine the information compiled by the Bureau from 2017 through 2020 and any other information it deems relevant and to report (i) its findings regarding mental health and substance abuse disorder benefits parity with medical and surgical benefits and access to mental health and substance abuse disorder services and (ii) its recommendations, if any, to the House Committee on Commerce and Labor, the Senate Committee on Commerce and Labor, and the Joint Subcommittee to Study Mental Health Services in the Commonwealth in the Twenty-First Century by December 1, 2020.

A BILL to amend and reenact § 38.2-3412.1 of the Code of Virginia and to repeal the third enactment of Chapter 649 of the Acts of Assembly of 2015, relating to health insurance; mental health parity; required report.

20103378D

S.B. 291

Patron: Deeds

Mortgage brokers; prohibition on dual compensation. Clarifies the existing provisions that prohibit a licensed mortgage broker from negotiating, placing, or finding a mortgage loan that will be used to finance the purchase of residential property if the mortgage broker or its affiliate is acting as a real estate broker, agent, salesman, or firm in connection with the sale of the property that will secure the loan and receiving a commission or other thing of value for such services. Mortgage brokers who were licensed by the State Corporation Commission as of February 25, 1989, remain exempt from the prohibition if they furnish the prescribed written notice to the borrower.

A BILL to amend and reenact § 6.2-1616 of the Code of Virginia, relating to mortgage brokers; prohibited conduct.

20103636D

S.B. 293

Patron: Chafin

Financial institutions; multiple-fiduciary accounts. Provides that financial institutions may enter into multiple-fiduciary accounts with more than one fiduciary to the same extent that they may enter into fiduciary accounts with one fiduciary. The measure defines "fiduciary account" as (i) an estate account for a decedent, (ii) an account established by one or more agents under a power of attorney or an existing account of a principal to which one or more agents under a power of attorney are added, (iii) an account established by one or more conservators, (iv) an account established by one or more committees, (v) a regular trust account under a testamentary trust or a trust agreement that has significance apart from the account, or (vi) an account arising from a fiduciary relationship such as an attorney-client relationship. The measure defines "multiple-fiduciary account" as a fiduciary account where more than one fiduciary is authorized to act. The measure also allows any multiple-fiduciary account to be paid, on request, to any one or more fiduciaries, including any successor fiduciary upon proof showing that the successor fiduciary is duly authorized to act, or at the direction of any one or more of the fiduciaries.

A BILL to amend and reenact §§ 6.2-604, 6.2-605, 6.2-612, and 6.2-616 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 6.2-615.1, relating to financial institutions; multiple-fiduciary accounts.

20100127D

S.B. 295

Patron: Marsden

Employment; disclosure of terms. Requires every employer to furnish to its employees, at the time of the employee's hiring, (i) a written disclosure of information regarding the terms of employment, including the name and address of the employer, the rate of pay and basis thereof, and the regular payday; and (ii) a physical or digital copy of the driver's license or government-issued identification card of the employer, if the employer is a natural person, or the employee's immediate supervisor, if the employer is not an individual. The measure also requires employers to notify their employees in writing of any changes to this information.

A BILL to amend the Code of Virginia by adding a section numbered 40.1-29.1, relating to disclosure of terms of employment.

20100928D

S.B. 296

Patron: Marsden

Credit unions; director compensation. Provides that compensation of members of a credit union's board of directors and members of the credit and supervisory committees, including reimbursement for business-related travel, shall be determined by a written policy approved by the board of directors. The measure removes the existing prohibition on compensating members of a credit union's board of directors for services as a member of the board.

A BILL to amend and reenact § 6.2-1352 of the Code of Virginia, relating to credit unions; compensation of directors.

20102695D

S.B. 382

Patron: McPike

Health insurance; coverage for prosthetic devices. Requires health insurers, corporations providing health care coverage subscription contracts, health maintenance organizations, and the Commonwealth's Medicaid program to provide coverage for prosthetic devices, including myoelectric, biomechanical, or microprocessor-controlled prosthetic devices that have a Medicare code. The measure repeals the existing requirement that coverage for prosthetic devices be offered and made available. The measure has a delayed effective date of January 1, 2021.

A BILL to amend and reenact § 32.1-325 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 38.2-3418.15:1, and to repeal § 38.2-3418.15 of the Code of Virginia, relating to coverage for prosthetic devices and components.

20103565D

S.B. 394

Patron: McPike

Virginia Health Club Act; automated external defibrillator required in health clubs. Requires each health club location to have a working automated external defibrillator.

A BILL to amend and reenact § 59.1-296 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 59.1-296.2:2, relating to Virginia Health Club Act; automated external defibrillators required in health clubs.

20101164D

S.B. 404

Patron: Hashmi

Health insurance; short-term limited-duration medical plans. Prohibits carriers from issuing in the Commonwealth any short-term limited-duration medical plan with a duration that exceeds three months or that can be renewed or extended, or if the plan's issuance would result in a covered person being covered by a short-term limited-duration medical plan for more than three months in any 12-month period. The measure prohibits a carrier from issuing a short-term limited-duration medical plan during an annual open enrollment period. The measure also requires carriers to rebate premiums from short-term limited-duration medical plans when the medical loss ratio for such plans is less than 85 percent.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 34 of Title 38.2 a section numbered 38.2-3407.21, relating to health insurance; short-term limited-duration medical plans.

20102773D

S.B. 411

Patron: Hashmi

Employment health and safety standards; heat illness prevention. Requires the Safety and Health Codes Board to adopt regulations establishing reasonable standards designed to protect employees from heat illness. The measure directs the standards to require employers to provide water, shade, rest periods, training, and emergency response procedures. The standards are also directed to require employers in certain industries to implement high-heat procedures when the temperature is 90 degrees Fahrenheit or warmer. The measure requires employers to pay employees one additional hour of pay at his regular compensation for each workday that it fails to provide the employee with five-minute rest period every hour or every half hour if the temperature is 90 degrees Fahrenheit or warmer.

A BILL to amend the Code of Virginia by adding a section numbered 40.1-44.2, relating to the protection of employees; standards for heat illness prevention.

20104779D

S.B. 423

Patron: DeSteph

Health insurance; mandated coverage for hearing aids for minors. Requires health insurers, health maintenance organizations, and corporations providing health care coverage subscription contracts to provide coverage for hearing aids and related services for children 18 years of age or younger when a licensed audiologist prescribes such hearing aids and related services. The coverage includes one hearing aid per hearing-impaired ear, up to a cost of $1,500, every 24 months. The measure applies to policies, contracts, and plans delivered, issued for delivery, or renewed on and after January 1, 2021.

A BILL to amend and reenact § 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3418.18, relating to health insurance coverage for hearing aids for children 18 years of age or younger.

20102201D

S.B. 536

Patron: Edwards

Incentives for telecommunications companies; provision of wireless broadband services. Directs the Tobacco Region Revitalization Commission to award at least $50 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.

A BILL 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.

20101837D

S.B. 548

Patron: Edwards


Unemployment compensation. Amends various provisions regarding unemployment compensation and the Virginia Employment Commission. The bill provides that (i) the Commission shall base its determination on whether an individual is an employee on the standard used by the Internal Revenue Service for such determinations; (ii) for the purposes of unemployment compensation, "wages" does not include any payment made to, or on behalf of, an employee or his beneficiary under a cafeteria plan, as defined in § 125 of the Internal Revenue Code, if such payment would not be treated as wages under the Internal Revenue Code; and (iii) in an unemployment compensation claims adjudication matter, each day a person fails to obey a subpoena issued by a court, a court order, or a subpoena issued by the Commission shall be deemed to be a separate offense. Additionally, the bill requires (a) employing units to establish an account with the Commission by the end of the calendar quarter in which it becomes subject to the requirements for unemployment compensation, (b) an employer that has become subject to liability under the unemployment compensation provisions to submit the required reports by the due date of the calendar quarter in which the employer has initially become subject to such liability, and (c) all employers to file their quarterly payroll and tax reports on an electronic medium using a format prescribed by the Commission. Under current law, only employers with 100 or more employees are required to file electronically.

A BILL to amend and reenact §§ 60.2-212, 60.2-229, 60.2-508, 60.2-512, 60.2-513, and 60.2-627 of the Code of Virginia, relating to unemployment compensation.

20104650D

S.B. 549

Patron: Newman

Nuclear energy; strategic plan. Directs the Department of Mines, Minerals and Energy, the Secretary of Commerce and Trade, and the Secretary of Education to work in coordination with the Virginia Nuclear Energy Consortium Authority and the Virginia Economic Development Partnership Authority to develop a strategic plan for the role of nuclear energy as part of the Commonwealth's overall strategy for moving toward renewable and carbon-free energy. The plan shall be completed by October 1, 2020, and updated every four years thereafter.

A BILL amend and reenact § 67-200 of the Code of Virginia and to amend the Code of Virginia by adding in Title 67 a chapter numbered 17, consisting of a section numbered 67-1700, relating to nuclear energy; strategic plan.

20102786D

S.B. 605

Patron: McDougle

Health insurance; formula and enteral nutrition products. Requires health insurers, health care subscription plans, and health maintenance organizations whose policy, contract, or plan includes coverage for medicines to classify medically necessary formula and enteral nutrition products as medicine and to include coverage for medically necessary formula and enteral nutrition products for covered individuals requiring treatment for an inherited metabolic disorder. Such coverage is required to be provided on the same terms and subject to the same conditions imposed on other medicines covered under the policy, contract, or plan. The measure provides that the required coverage includes any medical equipment, supplies, and services that are required to administer the covered formula or enteral nutrition products. These requirements apply only to formula and enteral nutrition products that are furnished pursuant to the prescription or order of a physician or other health care professional qualified to make such prescription or order for the management of an inherited metabolic disorder and are used under medical supervision.

A BILL to amend and reenact § 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3418.18, relating to health insurance; medicines; formula and enteral nutrition products.

20104766D

S.B. 613

Patron: Suetterlein

Public utilities; third-party advertising prohibited. Requires the State Corporation Commission to include in its procedures for public utilities for services not found to be competitive that a public utility is prohibited from (i) sending by mail or electronically to its customers any third-party advertising or other promotional materials or (ii) authorizing a third party to use the public utility's name, logo, or trademarks in advertising or other promotional materials sent by mail or electronically to the public utility's customers.

A BILL to amend and reenact § 56-247.1 of the Code of Virginia, relating to public utilities; third-party advertising prohibited.

20104749D

S.B. 654

Patron: Boysko

Health insurance; formula and enteral nutrition products. Requires health insurers, health care subscription plans, and health maintenance organizations whose policy, contract, or plan includes coverage for medicines to classify medically necessary formula and enteral nutrition products as medicine and to include coverage for medically necessary formula and enteral nutrition products for covered individuals requiring treatment for an inherited metabolic disorder. Such coverage is required to be provided on the same terms and subject to the same conditions imposed on other medicines covered under the policy, contract, or plan. The measure provides that the required coverage includes any medical equipment, supplies, and services that are required to administer the covered formula or enteral nutrition products. These requirements apply only to formula and enteral nutrition products that are furnished pursuant to the prescription or order of a physician or other health care professional qualified to make such prescription or order for the management of an inherited metabolic disorder and are used under medical supervision.

A BILL to amend and reenact § 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3418.18, relating to health insurance; medicines; formula and enteral nutrition products.

20105067D

S.B. 677

Patron: Mason

Records of financial institutions; reimbursement of costs for production. Provides that a financial institution that is asked to provide records related to a customer of the financial institution pursuant to a court proceeding shall be reimbursed by the requesting party for the reasonably necessary and directly incurred costs for the production of such records.

A BILL to amend the Code of Virginia by adding in Chapter 14 of Title 8.01 an article numbered 7.2, consisting of sections numbered 8.01-413.2 and 8.01-413.3, relating to records of financial institutions.

20102888D

S.B. 695

Patron: Obenshain

Telemarketing; financial exploitation; agency communication. Directs the Attorney General to establish ongoing communication with the Department for Aging and Rehabilitative Services and the Department of Social Services to ensure that adults 60 years of age or older or 18 years of age or older and incapacitated have access to information regarding the prevention of potential patterns of financial exploitation.

A BILL to amend the Code of Virginia by adding in Chapter 44 of Title 59.1 a section numbered 59.1-518.01, relating to telemarketing; financial exploitation; agency communication.

20102848D

S.B. 735

Patron: Newman

Peer-to-peer vehicle sharing platforms. Establishes insurance, taxation, recordkeeping, disclosure, and safety recall requirements for peer-to-peer vehicle sharing platforms, defined in the bill.

A BILL to amend and reenact §§ 38.2-2204, 59.1-207.29, 59.1-207.31, and 59.1-207.32 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 14 of Title 46.2 an article numbered 2, consisting of sections numbered 46.2-1408 through 46.2-1415, and by adding in Chapter 17 of Title 58.1 an article numbered 12, consisting of sections numbered 58.1-1745 through 58.1-1748, relating to peer-to-peer vehicle sharing platforms.

20105109D

S.B. 749

Patron: Cosgrove

Peer-to-peer vehicle sharing platforms; regulation; insurance; taxation. Establishes taxation, insurance coverage, sale of insurance, disclosure, safety recall, airport operation, and recordkeeping requirements for peer-to-peer vehicle sharing platforms, as defined in the bill.

A BILL to amend and reenact §§ 38.2-1800, 58.1-1735, 58.1-1736, 58.1-1738, 58.1-2402, as it is currently effective and as it may become effective, 59.1-207.29, 59.1-207.31, and 59.1-207.32 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 20 of Title 46.2 an article numbered 16, consisting of sections numbered 46.2-2099.54 through 46.2-2099.64, relating to peer-to-peer vehicle sharing platforms; regulation; insurance; taxation.

20105235D

S.B. 777

Patron: Lewis

Virginia Security for Public Deposits Act; collateral for public deposits; timeframe. Requires a qualified public depository to deposit eligible collateral with a qualified escrow agent equal to or in excess of the required collateral within two business days of accepting a public deposit. Current law does not provide a timeframe within which a qualified public depository must deposit eligible collateral.

A BILL to amend and reenact § 2.2-4402 of the Code of Virginia, relating to Virginia Security for Public Deposits Act; collateral for public deposits; timeframe.

20102900D

S.B. 782

Patron: Saslaw

Undergrounding electric transmission lines; pilot program. Specifies that one of the two projects that may be included in the pilot program for the undergrounding of electric transmission lines shall be for the relocation or conversion of an existing 230-kilovolt overhead line to an underground line. The measure provides that such a project may be approved if the estimated additional cost of placing the line, in whole or in part, underground does not exceed $40 million or, if greater than $40 million, the cost does not exceed 2.5 times the costs of placing the same line overhead, which costs are borne by all of the utility's ratepayers through a rate adjustment clause. Currently the cost of such a project is ineligible if it exceeds 2.5 times the cost of placing the same line overhead. The measure provides that such a project may be approved for participation in the pilot program if its primary need is related to the economic development priorities and the comprehensive plan of the governing body of the locality in which at least a portion of line will be placed. The measure exempts a project that satisfies the criteria for participation in the pilot project from the requirement that the State Corporation Commission find that the transmission line is needed. The measure adds that the pilot program is created to further understanding of the benefits of undergrounding existing electric transmission lines to promote economic development.

A BILL to amend and reenact § 56-585.1:5 of the Code of Virginia, relating to electric utility regulation; underground electric transmission line pilot program.

20102023D

S.B. 817

Patron: Lewis

Nuclear energy; considered a clean energy source. Provides that for the purposes of the Commonwealth Energy Policy, in any clean energy initiative or carbon-free energy initiative undertaken, overseen, regulated, or permitted by the Department of Mines, Minerals and Energy, Department, nuclear energy shall be considered to be a clean energy source.

A BILL to amend and reenact § 67-200 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 1 of Title 67 a section numbered 67-104, relating to nuclear energy; treatment of, compared to treatment of renewable energy.

20105123D

S.B. 828

Patron: Lewis

Carbon-free energy and clean energy. Provides that "carbon-free energy" or "clean energy", as used in the Code of Virginia, each means electric energy generated from a source that does not emit carbon dioxide into the atmosphere during the process of generating the electric energy, including electric energy generated by the conversion of sunlight, wind, falling water, wave motion, tides, geothermal or nuclear energy.

A BILL to amend the Code of Virginia by adding a section numbered 1-208.1, relating to the definitions of carbon-free energy and clean energy.

20103852D

S.B. 838

Patron: Ebbin


Nonpayment of wages; private action; liability for payment of wages due under construction contracts; penalties. Provides that an employee has a private cause of action against an employer who fails to pay wages to recover the amount of wages due plus interest at eight percent annually from the date the wages were due. If the court finds that the employer knowingly failed to pay wages to an employee, the court shall award the employee (i) reasonable attorney fees and other costs and (ii) unless the court finds that the employer's failure to pay was because of a bona fide dispute between the employer and employee, an amount equal to triple the amount of wages due. The measure provides that an employer that knowingly fails or refuses to pay wages, unless the failure to pay was because of a bona fide dispute between the employer and its employee, is guilty of a Class 1 misdemeanor if the value of the wages earned and not paid by the employer is less than $10,000 or a Class 6 felony if the value of the wages earned and not paid is $10,000 or more or if the conviction is a second or subsequent conviction. Currently, criminal liability attaches if an employer's nonpayment of wages is willful and with intent to defraud. The measure also provides that construction contracts entered into on or after July 1, 2018, shall be deemed to include a provision under which the general contractor and subcontractor at any tier are jointly and severally liable to pay the wages due to any subcontractor's employees. If the wages due to the subcontractor's employees are not paid, the general contractor is subject to criminal and civil penalties for which an employer is liable for failing or refusing to pay wages. The measure requires the subcontractor to indemnify the general contractor for wages, damages, interest, penalties, or attorney fees owed as a result of the subcontractor's failure to pay the wages unless the subcontractor's failure to pay wages was because of the general contractor's failure to pay moneys due to the subcontractor. The measure also provides that the lack of privity between the general contractor and the employees of the subcontractor is not a defense in an action against the general contractor arising from nonpayment of wages to the subcontractor's employees.

A BILL to amend and reenact § 40.1-29 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 11-4.6, relating to nonpayment of wages; construction contracts; joint and several liability of general contractor and subcontractor for payment of wages to subcontractor's employees; cause of action; penalties.

20104975D

S.B. 861

Patron: Mason


Group health benefit plans; bona fide associations; benefits consortium. Provides that certain trusts constitute a benefits consortium and are authorized to sell health benefits plans to members of a sponsoring association that (i) has been formed and maintained in good faith for purposes other than obtaining or providing health benefits; (ii) does not condition membership in the sponsoring association on any factor relating to the health status of an individual, including an employee of a member of the sponsoring association or a dependent of such an employee; (iii) makes any health benefit plan available to all members regardless of any factor relating to the health status of such members or individuals eligible for coverage through a member; (iv) does not make any health benefit plan available to any person who is not a member of the association; (v) makes available health plans or health benefit plans that meet requirements provided for in the bill; (vi) operates as a nonprofit entity under § 501(c)(6) of the Internal Revenue Code; and (vii) has been in active existence for at least five years. The bill replaces references to "bona fide association," as used in provisions applicable to health care plans in the small employer market, with the term "sponsoring association."

The bill requires any health benefit plan issued by a self-funded multiple employer welfare arrangement (MEWA) that covers one or more employees of one or more small employers to (a) provide essential health benefits and cost-sharing requirements; (b) offer a minimum level of coverage designed to provide benefits that are actuarially equivalent to 60 percent of the full actuarial value of the benefits provided under the plan; (c) not limit or exclude coverage for an individual by imposing a preexisting condition exclusion on that individual; (d) be prohibited from establishing discriminatory rules based on health status related to eligibility or premium or contribution requirements as imposed on health carriers; (e) meet the renewability standards set forth for health insurance issuers; (f) establish base rates formed on an actuarially sound, modified community rating methodology that considers the pooling of all participant claims; and (g) utilize each employer member's specific risk profile to determine premiums by actuarially adjusting above or below established base rates, and utilize either pooling or reinsurance of individual large claimants to reduce the adverse impact on any specific employer member's premiums.

A BILL to amend and reenact §§ 38.2-508.5, 38.2-3420, 38.2-3431, 38.2-3432.1, 38.2-3432.2, 38.2-3432.3, and 38.2-3521.1 of the Code of Virginia and to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 52, consisting of sections numbered 59.1-571, 59.1-572, and 59.1-573, relating to group health benefit plans; sponsoring associations; the formation of a benefits consortium.

20103816D

S.B. 875

Patron: Marsden

Solar energy projects; national standards. Authorizes a locality to include in its zoning ordinance provisions to incorporate generally accepted national standards for the use of solar panels and battery technologies for solar photovoltaic (electric energy) projects. The bill contains an enactment clause that applies such generally accepted national standards to any such projects in the Commonwealth, notwithstanding any other provision of law, general or special.

A BILL to amend and reenact § 15.2-2286 of the Code of Virginia, relating to solar energy projects; national standards.

20102705D