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2024 SESSION

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Senate Committee on Commerce and Labor

Chair: R. Creigh Deeds

Clerk: Hobie Lehman, Madison Odallo
Staff: Thomas Stevens
Date of Meeting: January 22, 2024
Time and Place: 15 minutes after adjournment/ Senate Room A, GAB
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 87

Patron: Favola

Health insurance provider panels; incentives for mental health services. Requires a provider panel contract between a carrier and a primary care provider to include provisions that provide incentives or payments to reward a primary care provider for referring patients to mental health services that may be provided on-site, via telehealth on-site, or through an off-site referral.

A BILL to amend and reenact § 38.2-3407.10 of the Code of Virginia, relating to health insurance provider panels; incentives for mental health services.

24101698D

S.B. 91

Patron: Favola

Paid sick leave; home health workers providing agency-directed services. Requires employers to provide paid sick leave to home health workers who provide agency-directed services. Under current law, employers are only required to provide paid sick leave to home health workers who provide consumer-directed services. The bill provides that "employer" includes the Commonwealth, any of its agencies, institutions, or political subdivisions, and any public body.

A BILL to amend and reenact § 40.1-33.3 of the Code of Virginia, relating to paid sick leave; home health workers providing agency-directed services.

24101696D

S.B. 98

Patron: Favola

Health insurance; prior authorization. Requires that any provider contract between a carrier and a participating health care provider contain specific provisions that prohibit the carrier from revoking, limiting, conditioning, modifying, or restricting a prior authorization if such prior authorization request has been approved and services, drugs, or supplies have been provided or delivered to the patient consistent with such prior authorization unless there is evidence that the request was approved based on fraud or misinformation. The bill also extends from 30 days to 90 days the period of a member's prescription drug benefit coverage under a new health plan during which a carrier is required to honor a prior authorization by another carrier.

A BILL to amend and reenact § 38.2-3407.15:2 of the Code of Virginia, relating to health insurance; prior authorization.

24101001D

S.B. 118

Patron: Locke

Health insurance; coverage for doula care services. Requires health insurers, corporations providing health care subscription contracts, and health maintenance organizations whose policy, contract, or plan includes coverage for obstetrical services to provide coverage for doula care services provided by a state-certified doula. The bill requires such coverage to include coverage for at least eight visits during the antepartum or postpartum period and support during labor and delivery. The bill provides that health insurance carriers are (i) not required to pay for duplicate services actually rendered by both a state-certified doula and another health care provider and (ii) prohibited from requiring supervision, signature, or referral by any other health care provider as a condition of reimbursement for doula care services, except when those requirements are also applicable to other categories of health care providers. The provisions of the bill apply to policies, contracts, or plans delivered, issued for delivery, or renewed in the Commonwealth on and after January 1, 2025.

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 38.2-3414.2, relating to health insurance; coverage for doula care services.

24103178D

S.B. 166

Patron: Reeves

Financial institutions; certain payments required electronically. Requires any financial institution that initiates an electronic fund transfer as payment for the sale to a consumer of a security issued by such financial institution to make any payment of principal, interest, dividend, or other distribution related to the security to the consumer via an electronic fund transfer.

A BILL to amend the Code of Virginia by adding to Article 2 of Chapter 1 of Title 6.2 a section numbered 6.2-107.1, relating to financial institutions; certain payments required electronically.

24102017D

S.B. 174

Patron: Favola

Financial institutions; reporting financial exploitation of elderly or vulnerable adults. Permits a financial institution, as defined in the bill, to allow an elderly or vulnerable adult, as defined in the bill, to submit and periodically update a list of trusted persons whom such financial institution or financial institution staff, as defined in the bill, may contact in the case of suspected financial exploitation of such adult. In such a case, the bill also allows a financial institution or financial institution staff to convey such suspicion to one or more certain individuals, provided that the recipient of such conveyance is not the suspected perpetrator of financial exploitation. The bill provides that a financial institution or financial institution staff shall be immune from any criminal, civil, or administrative liability for any act taken or omission made in accordance with the bill's provisions.

A BILL to amend the Code of Virginia by adding a section numbered 6.2-103.2, relating to financial institutions; reporting financial exploitation of elderly or vulnerable adults.

24101504D

S.B. 202

Patron: Diggs

Health insurance; disclosure of summary health information. Requires, to the extent permitted by various protected health information privacy laws, a group health plan that has 50 or more participants to disclose information that summarizes the claims history, claims expenses, or type of claims experienced by individuals for whom a plan sponsor has provided health benefits under a group health plan to the plan sponsor if the plan sponsor requests the summary health information for the purposes of (i) obtaining premium bids from health plans for providing health insurance coverage under the group health plan or (ii) modifying, amending, or terminating the group health plan.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-613.02, relating to health insurance; disclosure of summary health information.

24102173D

S.B. 238

Patron: Hashmi

Health insurance; coverage for contraceptive drugs and devices. Requires health insurance carriers to provide coverage, under any health insurance contract, policy, or plan that includes coverage for prescription drugs on an outpatient basis, for contraceptive drugs and contraceptive devices, as defined in the bill, approved for use as prescribed products or for over-the-counter use. The bill prohibits a health insurance carrier from imposing upon any person receiving contraceptive benefits pursuant to the provisions of the bill any copayment, coinsurance payment, or fee, except in certain circumstances. The provisions of the bill apply to health insurance contracts, policies, or plans delivered, issued for delivery, or renewed on and after January 1, 2025.

A BILL to amend and reenact § 38.2-3407.5:1 of the Code of Virginia, relating to health insurance; coverage for contraceptive drugs and devices.

24102765D

S.B. 241

Patron: McPike

Workers' compensation; notice of right to dispute claim. Requires that when an employee's workers' compensation claim is denied, an employer or insurer shall include in its letter denying benefits a notice that the employee has a right to dispute the claim denial through the Virginia Workers' Compensation Commission.

A BILL to amend the Code of Virginia by adding a section numbered 65.2-601.3, relating to workers' compensation; notice of right to dispute claim.

24100990D

S.B. 256

Patron: Surovell


Motor vehicle insurance claims; 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 is liable to the insured in an amount double the amount of the judgment, together with reasonable attorney fees, expenses, and interest.

The bill also provides that when an insurance company denies, refuses, or fails to pay to its insured a claim under the provisions of a policy of motor vehicle insurance issued by such company to the insured and it is subsequently found that such denial, refusal, or failure was not made in good faith, then the insurance company is liable to the insured in an amount double the amount of the judgment, together with reasonable attorney fees and expenses, and plus interest for claims of more than $3,500 in excess of the deductible.

The bill also provides that when an uninsured person denies, refuses, or fails to pay a claimant a claim of $3,500 or less and it is subsequently found that such denial, refusal, or failure was not made in good faith, then such person is liable to the insured in an amount double the amount of the judgment, together with reasonable attorney fees and expenses.

A BILL to amend and reenact §§ 8.01-66.1, as it is currently effective and as it shall become effective, and 38.2-2206 of the Code of Virginia, relating to remedies for bad faith refusal of motor vehicle insurance claims.

24104903D

S.B. 257

Patron: Surovell

Insurance; dental carriers; annual report. Requires each dental carrier, beginning in 2025, to annually, on or before April 30, file with the State Corporation Commission a report that includes the actual loss ratio, defined in the bill, for the preceding calendar year and any such other information as the Commission may require. The bill requires the Commission to post such reports on its website. The bill requires the Bureau of Insurance to evaluate the effectiveness of informing the public on the information being reported and to make recommendations, if any, on the continuation or modification of the obligation of dental carriers to report such information. The bill also requires the Commission to convene a work group of interested stakeholders to determine if any revisions are necessary to the Code of Virginia regarding ethics and fairness in dental carrier business practices and of health care providers of dental services. The work group is required to report its recommendations to the Chairs of the House Committee on Labor and Commerce and the Senate Committee on Commerce and Labor on or before October 1, 2024.

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 a section numbered 38.2-316.2, relating to insurance; annual actual loss ratio report by dental carriers.

24104698D

S.B. 360

Patron: VanValkenburg

Covenants not to compete; health care professionals; civil penalty. Adds health care professionals as a category of employee with whom no employer shall enter into, enforce, or threaten to enforce a covenant not to compete. The bill defines "health care professional" as any physician, nurse, nurse practitioner, physician's assistant, pharmacist, social worker, dietitian, physical and occupational therapist, professional counselor, behavior analyst, assistant behavior analyst, or medical technologist authorized to provide health care services in the Commonwealth. The bill provides that any employer that violates the prohibition against covenants not to compete with a health care professional is subject to the civil penalty in current law of $10,000 for each violation.

A BILL to amend and reenact § 40.1-28.7:8 of the Code of Virginia, relating to covenants not to compete; health care professionals; civil penalty.

24102716D

S.B. 370

Patron: Boysko

Prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action; civil penalty. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage or salary history; and (v) failing or refusing to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate. The bill also provides for civil penalties for violations not to exceed $1,000 for a first violation, $2,000 for a second violation, and $4,000 for a third or subsequent violation.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:11, relating to prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action; civil penalty.

24102913D

S.B. 373

Patron: Boysko

Paid family and medical leave insurance program; notice requirements; civil action. Requires the Virginia Employment Commission to establish and administer a paid family and medical leave insurance program with benefits beginning January 1, 2027. Under the program, benefits are paid to covered individuals, as defined in the bill, for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees beginning January 1, 2026. The bill provides that the amount of a benefit is 80 percent of the employee's average weekly wage, not to exceed 80 percent of the state weekly wage, which amount is required to be adjusted annually to reflect changes in the statewide average weekly wage. The bill caps the duration of paid leave at 12 weeks in any application year and provides self-employed individuals the option of participating in the program.

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 60.2-821, relating to paid family and medical leave insurance program; notice requirements; civil action.

24104606D

S.B. 374

Patron: Boysko

Collective bargaining by public employees; labor organization representation. Repeals the existing prohibition on collective bargaining by public employees. The bill creates the Public Employee Relations Board, which shall determine appropriate bargaining units and provide for certification and decertification elections for exclusive bargaining representatives of state employees and local government employees. The bill requires public employers and employee organizations that are exclusive bargaining representatives to meet at reasonable times to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment. The bill repeals a provision that declares that, in any procedure providing for the designation, selection, or authorization of a labor organization to represent employees, the right of an individual employee to vote by secret ballot is a fundamental right that shall be guaranteed from infringement.

A BILL to amend and reenact § 40.1-55 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 4 of Title 40.1 an article numbered 2.2, consisting of sections numbered 40.1-57.4 through 40.1-57.23; and to repeal § 40.1-54.3 and Article 2.1 (§§ 40.1-57.2 and 40.1-57.3) of Chapter 4 of Title 40.1, relating to collective bargaining by public employees; labor organization representation.

24105023D

S.B. 376

Patron: Boysko

Health insurance; limit on cost-sharing payments for prescription drugs under certain plans. Requires each carrier that offers a health plan in either the individual or small group market to ensure that at least 50 percent of all health plans offered by the carrier, or at least one health plan if the carrier offers fewer than two health plans, in each rating area and in each of the bronze, silver, gold, and platinum levels of coverage in the individual and small group market conform with the following: (i) a plan that offers a silver, gold, or platinum level of coverage limits a person's cost-sharing payment for prescription drugs covered under the plan to an amount that does not exceed $100 per 30-day supply of the prescription drug and (ii) a plan that offers a bronze level of coverage limits a person's cost-sharing payment for prescription drugs covered under the plan to an amount that does not exceed $150 per 30-day supply of the prescription drug. The bill provides that such limits apply at any point in the benefit design, including before and after any applicable deductible is reached. The bill requires that any plans offered to meet its requirements are (a) clearly and appropriately named to aid the consumer or plan sponsor in the plan selection process and (b) marketed in the same manner as other plans offered by the health insurance carrier. The provisions of the bill apply with respect to health plans entered into, amended, extended, or renewed on or after January 1, 2025.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3407.15:8, relating to health insurance; limit on cost-sharing payments for prescription drugs under certain plans.

24104907D

S.B. 381

Patron: Ebbin


Unemployment compensation; employer failure to respond to requests for information; claim determination; notice requirements. Provides that an employer's failure to respond timely or adequately to a written request for information relating to an unemployment claim results in a waiver of all of such employer's rights in connection with the claim, including participation and appeal rights, unless such employer demonstrates that good cause exists for such failure. The bill requires the Virginia Employment Commission to provide written notice for each instance of untimely or inadequate employer response to such requests and specifies that such notice may be delivered through the Employer Self-Service Tax System website maintained by the Commission. The bill also requires the Commission to provide each employer with information regarding deadlines for timely and adequate responses to such requests. Such provisions of the bill apply to erroneous payments established on or after July 1, 2024. The bill also prohibits a deputy designated by the Commissioner to adjudicate unemployment claims from examining or considering facts contained within an employer's untimely or inadequate response and requires that information or evidence from an employer or third party must be shared with the claimant, who must also be provided a reasonable opportunity to review and respond to such information or evidence. The bill requires such deputy to provide the reasoning behind the decision, as described in the bill, and a short statement of case-specific facts material to the determination together with any notice of determination upon a claim. This bill is a recommendation of the Commission on Unemployment Compensation.

A BILL to amend and reenact §§ 60.2-528.1 and 60.2-619 of the Code of Virginia, relating to unemployment compensation; employer failure to respond to requests for information; determinations and decisions by deputy.

24103689D

S.B. 382

Patron: Ebbin

Unemployment compensation; collection of overpayments; limitations. Provides that collection activities for an overpayment, provided that such overpayment was not caused by fraud on the part of the claimant, shall be suspended and that the Virginia Employment Commission shall determine as uncollectable and discharge the overpayment if it remains unpaid after the earliest of the following: (i) after the expiration of three years from the last day of the benefit year in which the overpayment was made, (ii) immediately upon the death of the claimant, or (iii) upon the claimant's discharge in bankruptcy occurring subsequently to the determination of payment.

A BILL to amend and reenact § 60.2-633 of the Code of Virginia, relating to unemployment compensation; collection of overpayments.

24104023D

S.B. 425

Patron: Favola


Health insurance; ethics and fairness in carrier business practices. Makes various changes to requirements governing the business practices of health carriers in the processing and payment of claims. The bill prescribes criteria for what constitutes a "clean claim". The bill provides that the time limit for a retroactive denial is 12 months; however, a provider and a carrier may agree in writing that recoupment of overpayments by withholding or offsetting against future payments may occur after such 12 month-limit. The bill requires carriers, beginning July 1, 2025, to make available an electronic means for providers to determine whether an enrollee is covered by a health plan. The bill provides that the ethics and fairness requirements apply to the carrier and provider, regardless of any vendors, subcontractors, or other entities that have been contracted by the carrier or the provider to perform their duties. The bill provides that if a carrier's claim denial is overturned following completion of a dispute review, the carrier is required to consider the claims impacted by such decision as clean claims and all applicable laws related to the payment of a clean claim apply. The bill prohibits a provider from filing a complaint with the State Corporation Commission for failure to pay claims unless such provider has made a reasonable effort to confer with the carrier in order to resolve the issues related to all claims that are under dispute. Finally, the bill requires all provider contracts, amendments, and notices and certain other communications to be delivered electronically.

A BILL to amend and reenact § 38.2-3407.15 of the Code of Virginia, relating to health insurance; ethics and fairness in carrier business practices.

24102577D

S.B. 494

Patron: Aird

Overtime for certain employees; live-in domestic workers. Adds individuals who are employed in domestic service in a household and reside in such household to provisions related to overtime pay.

A BILL to amend and reenact § 40.1-29.3 of the Code of Virginia, relating to overtime for certain employees; live-in domestic workers.

24103660D

S.B. 507

Patron: Surovell

Paid sick leave; health care providers and grocery store workers. Requires employers to provide paid sick leave to health care providers and grocery store workers. Under current law, employers are only required to provide paid sick leave to certain home health workers. The bill removes requirements that workers work on average at least 20 hours per week or 90 hours per month to be eligible for paid sick leave. The bill provides that certain health care providers may waive their right to accrue and use paid sick leave and provides an exemption for employers of certain other health care providers. The bill requires the Department of Labor and Industry to develop guidelines for retail employers that sell groceries to provide sick leave and to publish such guidelines by December 1, 2024. The provisions of the bill other than the requirement for the Department of Labor and Industry to develop guidelines have a delayed effective date of January 1, 2025.

A BILL to amend and reenact §§ 40.1-33.3 and 40.1-33.4 of the Code of Virginia, relating to paid sick leave; health care providers and grocery store workers; waiver for certain employees.

24103888D

S.B. 520

Patron: Williams Graves

Workers' compensation; injuries caused by repetitive and sustained physical stressors. Provides that, for the purposes of the Virginia Workers' Compensation Act, "occupational disease" includes injuries or diseases from conditions resulting from repetitive and sustained physical stressors, including repetitive and sustained motions, exertions, posture stresses, contact stresses, vibrations, or noises. The bill provides that such injuries or diseases are covered under the Act and that such coverage does not require that such repetitive or sustained physical stress occurred over a particular time period, provided that the time period over which such physical stress occurred can be reasonably identified.

A BILL to amend and reenact § 65.2-400 of the Code of Virginia, relating to workers' compensation; injuries caused by repetitive and sustained physical stressors.

24103836D

S.B. 536

Patron: Bagby


Unemployment compensation; continuation of benefits; repayment of overpayments. Makes permanent provisions of the Code that expired on July 1, 2022, relating to unemployment compensation. The bill provides that when a claimant has had a determination of initial eligibility for unemployment benefits, as determined by the issuance of compensation or waiting-week credit, payments shall continue, subject to a presumption of continued eligibility, until a determination is made that provides the claimant notice and an opportunity to be heard. The bill requires the Virginia Employment Commission to waive the obligation to repay any overpayment if (i) the overpayment was made without fault on the part of the individual receiving benefits and (ii) requiring repayment would be contrary to equity and good conscience. Conditions for when overpayments are considered "without fault on the part of the individual" are outlined in the bill.

The bill further provides that the Commission shall notify each person with an unpaid overpayment of benefits that he may be entitled to a waiver of repayment and provide 30 days to request such a waiver. This applies to outstanding overpayments established for claim weeks commencing on or after March 15, 2020. The bill allows the Commission to suspend or forgo referring any unpaid overpayment of benefits established since March 15, 2020, to the collections process indefinitely. The bill specifies that all costs that result from implementing provisions of the bill shall be incurred by federal administrative grants and the general fund.

Finally, the bill adds overpayments that the Commission has waived the requirement to repay to the list of situations where specific employers are not responsible for benefit charges, unless the erroneous payment was made because the employer failed to respond timely or adequately to a written request by the Commission for information relating to the claim.

A BILL to amend and reenact §§ 2.2-4806, 60.2-528, 60.2-612.1, 60.2-619, and 60.2-633 of the Code of Virginia, relating to unemployment compensation; continuation of benefits; repayment of overpayments.

24102770D

S.B. 542

Patron: Bagby

Unemployment insurance; benefit eligibility conditions; lockout exception to labor dispute disqualification. Amends the Virginia Unemployment Compensation Act's labor dispute disqualification to provide that a lockout by an employer shall not constitute a labor dispute and that locked-out employees who are otherwise eligible for benefits shall receive such benefits unless (i) the recognized or certified collective bargaining representative of the locked-out employees refuses to meet under reasonable conditions with the employer to discuss the issues giving rise to the lockout, (ii) there is a final adjudication under the federal National Labor Relations Act that such representative has refused to bargain in good faith with the employer, or (iii) the lockout is the direct result of such representative's violation of an existing collective bargaining agreement.

A BILL to amend and reenact § 60.2-612 of the Code of Virginia, relating to unemployment insurance; benefit eligibility conditions; lockout exception to labor dispute disqualification.

24100474D

S.B. 543

Patron: Bagby

Health insurance; emergency services; mobile crisis response services. Provides that emergency services, with respect to an emergency medical condition, include (i) a screening examination, including ancillary services, that is within the capability of a provider licensed by the Department of Behavioral Health and Developmental Services as a behavioral health crisis service provider and (ii) such further examination and treatment as is required to stabilize the patient. The bill also adds crisis receiving centers to locations where mobile crisis response services and support may be provided and thereby be covered by health insurance.

A BILL to amend and reenact §§ 38.2-3412.1 and 38.2-3438 of the Code of Virginia, relating to health insurance; emergency services; mobile crisis response services.

24103447D

S.B. 593

Patron: McPike

Workers' compensation benefits; post-traumatic stress disorder, anxiety disorder, or depressive disorder incurred by law-enforcement officers and firefighters. Removes the provision in the Virginia Workers' Compensation Act that benefits for post-traumatic stress disorder, anxiety disorder, or depressive disorder incurred by law-enforcement officers and firefighters acting in the line of duty shall provided for a maximum of 52 weeks from the date of diagnosis.

A BILL to amend and reenact § 65.2-107 of the Code of Virginia, relating to workers' compensation benefits; post-traumatic stress disorder, anxiety disorder, or depressive disorder incurred by law-enforcement officers and firefighters.

24101610D

S.B. 623

Patron: Lucas

Collective bargaining by firefighters and emergency medical services providers. Authorizes firefighters and emergency medical services providers employed by a political subdivision of the Commonwealth to engage in collective bargaining through labor organizations or other designated representatives. The bill provides for the appointment of a three-member board of arbitration regarding any dispute arising between an employer and firefighters or emergency services. Under the bill, determinations made by such board of arbitration are final on a disputed issue and are binding on the parties involved.

A BILL to amend and reenact §§ 40.1-55, 40.1-57.2, and 40.1-57.3 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 4 of Title 40.1 an article numbered 2.2, consisting of sections numbered 40.1-57.4 through 40.1-57.7, relating to collective bargaining by firefighters and emergency medical services providers.

24104645D

S.B. 655

Patron: DeSteph

Virginia Employment Commission; appeals proceedings; appeal tribunals and Board of Review; repeal. Specifies that any determination made by the Virginia Employment Commission in regards to any amount required to be deducted and withheld from unemployment compensation for purposes of child support obligations is final. The bill contains a number of technical amendments related to the Commission's appeals proceedings. The bill also repeals provisions related to appeal tribunals and the Commission-appointed Board of Review and contains technical amendments.

A BILL to amend and reenact §§ 60.2-608, 60.2-613, 60.2-619, 60.2-620, 60.2-622, 60.2-623, 60.2-625, and 60.2-630 of the Code of Virginia and to repeal §§ 60.2-621 and 60.2-631 of the Code of Virginia, relating to Virginia Employment Commission; appeals proceedings; appeal tribunals and Board of Review; repeal.

24103104D