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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
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2024 SESSION
Chair: R. Creigh Deeds
Clerk: Hobie Lehman, Andrew Horton
Staff: Thomas Stevens
Date of Meeting: February 19, 2024
Time and Place: 15 minutes after Senate adjourns /Senate Room A, 3rd Floor, GAB
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3
Patron: Ward
Minimum wage. Increases the minimum wage from the current rate of $12.00 per hour to $13.50 per hour effective January 1, 2025, and to $15.00 per hour effective January 1, 2026. The bill satisfies a reenactment clause included in Chapters 1204 and 1242 of the Acts of Assembly of 2020.
A BILL to amend and reenact § 40.1-28.10 of the Code of Virginia, relating to minimum wage.24100469D
Patron: Wright
Enterprise zones; renewal periods. Authorizes the Governor, upon the recommendation of the Director of the Department of Housing and Community Development, to renew enterprise zones for up to four five-year renewal periods for zones designated on or after July 1, 2005, and for up to two five-year renewal periods for zones designated before July 1, 2005. Under current law, zones designated on or after July 1, 2005, may be renewed for up to three such periods and zones designated before July 1, 2005, may be renew for up to one such period.
A BILL to amend and reenact § 59.1-542 of the Code of Virginia, relating to enterprise zones; renewal periods.24100659D
Patron: Seibold
Child labor offenses; civil penalties. Increases from $10,000 to $25,000 the civil penalty for each violation of child labor laws that results in the employment of a child who is seriously injured or dies in the course of employment. The bill also increases from $1,000 to $2,500 the civil penalty for each other violation of child labor laws and provides that such civil penalty shall not be less than $500. The bill directs the Department of Labor and Industry to convene a stakeholder work group to develop education and outreach plans to inform young workers and employers about child labor laws.
A BILL to amend and reenact § 40.1-113 of the Code of Virginia, relating to child labor offenses; civil penalties.24105120D
Patron: Sullivan
Electric Vehicle Rural Infrastructure Program and Fund created. Creates the Electric Vehicle Rural Infrastructure Program and Fund to assist private developers with non-utility costs associated with the installation of public electric vehicle charging stations in certain localities. The bill provides that a private developer is eligible to receive grants of 70 percent of such non-utility costs for public electric vehicle charging stations installed in a city or county that meets the criteria of a distressed locality, as defined in the bill. The bill has an expiration date of July 1, 2028.
A BILL to amend the Code of Virginia by adding in Chapter 17 of Title 45.2 an article numbered 10, consisting of sections numbered 45.2-1735, 45.2-1736, and 45.2-1737, relating to Electric Vehicle Rural Infrastructure Program and Fund created.24101049D
Patron: Sullivan
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 prohibits a carrier from imposing any retroactive denial of a previously paid claim or in any other way seeking recovery or refund of a previously paid claim unless the carrier specifies in writing the specific claim or claims for which the retroactive denial is to be imposed or the recovery or refund is sought, the carrier has provided a written explanation of why the claim is being retroactively adjusted. 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 no later than July 1, 2025, to make available an electronic means for providers to determine whether an enrollee is covered by a health plan that is subject to the State Corporation Commission's jurisdiction. 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.
24105448D
Patron: Sullivan
State Corporation Commission; annual report filing requirements. Permits a person authorized by a domestic or foreign stock or nonstock corporation to sign the annual report of such corporation for purposes of the Virginia Stock Corporation Act and the Virginia Nonstock Corporation Act.
A BILL to amend and reenact §§ 13.1-604 and 13.1-804 of the Code of Virginia, relating to State Corporation Commission; annual report filing requirements.24102614D
Patron: Helmer
Employee protections; medicinal use of cannabis product. Amends the provision that prohibits an employer from discriminating against an employee for such employee's lawful use of cannabis product pursuant to a valid written certification issued by a practitioner for the treatment or to eliminate the symptoms of the employee's diagnosed condition or disease, with certain exceptions, by specifying that such use must conform to the laws of the Commonwealth and that such protections extend to the employees of the Commonwealth and other public bodies.
A BILL to amend and reenact § 40.1-27.4 of the Code of Virginia, relating to employee protections; medicinal use of cannabis product.24100935D
Patron: Seibold
Department of Labor and Industry; workplace poster for veterans benefits and services. Directs the Department of Labor and Industry, in consultation with the Department of Veterans Services, to create a poster describing benefits and services available to veterans and allows employers to request and display such poster in the workplace. The bill enumerates a minimum group of resources the poster shall include, including (i) Department of Veterans Services' programs, contact information, and website address; (ii) substance abuse and mental health treatment resources; (iii) educational, workforce, and training resources; (iv) tax benefits; (v) eligibility for unemployment insurance benefits; (vi) legal services; and (vii) the U.S. Department of Veterans Affairs Veterans Crisis Line.
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 Department of Labor and Industry; workplace poster for veterans benefits and services.24103533D
Patron: Austin
Virginia Growth and Opportunity Board. Modifies aspects of the Virginia Growth and Opportunity Board by adding a fourth Secretary to the Board's membership, to be appointed by the Governor, and providing that the Secretary of Labor may be one of the Secretaries appointed to the Board. The bill also reduces the amount of matching funds required for any grant awarded from the Virginia Growth and Opportunity Fund by requiring such funds to be equal to at least half of the grant awarded.
A BILL to amend and reenact §§ 2.2-2485 and 2.2-2489 of the Code of Virginia, relating to Virginia Growth and Opportunity Board.24102385D
Patron: McQuinn
Health insurance; coverage for colorectal cancer screening. Requires health insurers to provide coverage for examinations and laboratory tests related to colorectal cancer screening in accordance with the American Cancer Society guidelines for colorectal cancer screening of average-risk individuals. The bill (i) prohibits such coverage from being subject to any deductible, coinsurance, or any other cost-sharing requirements for services received from participating providers and (ii) provides that an initial screening test is not complete until a follow-up colonoscopy is performed. The provisions of the bill apply to individual or group accident and sickness insurance policies, individual or group accident and sickness subscription contracts, or health care plans delivered, issued for delivery, or renewed in the Commonwealth on and after January 1, 2025.
A BILL to amend and reenact § 38.2-3418.7:1 of the Code of Virginia, relating to health insurance; coverage for colorectal cancer screening.24106386D
Patron: Gardner
Department of Labor and Industry; tipped employee wages; work group. Directs the Department of Labor and Industry to convene a work group to study (i) options for increasing tipped employee minimum cash wages; (ii) circumstances related to wage theft or payment inequities by employers of tipped wage employees; and (iii) amending the penalty provisions related to employee remedies and employer penalties for violations of minimum wage requirements. The work group shall submit a report of its findings no later than December 1, 2024.
A BILL to direct the Department of Labor and Industry to study increasing tipped employee wages and address wage theft by employers of tipped employees.24106660D
Patron: Cohen
Surplus line broker taxes. Provides that any surplus lines broker or any person required to be licensed as one shall not be subject to the annual taxes, license taxes, or penalties under current law for any policy of insurance procured during the preceding calendar year on behalf of a commuter rail system jointly operated by the Northern Virginia Transportation Commission and the Potomac and Rappahannock Transportation District.
A BILL to amend and reenact § 38.2-4809 of the Code of Virginia, relating to surplus line broker license tax.24101108D
Patron: Henson
Employment discrimination; employee notification of federal and state statute of limitations. Requires an employer that employs 10 or more employees and that receives an employee complaint alleging sexual assault, harassment, or any other form of discrimination for which the employee may seek enforcement by the U.S. Equal Employment Opportunity Commission (EEOC) or the Office of the Attorney General to notify such employee that a charge may be filed with the EEOC or the Office of the Attorney General within 300 days after the alleged unlawful discriminatory practice occurred. The bill also requires an employer to provide this information as part of any new employee training provided at the commencement of employment or anti-discrimination training provided to an employee.
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 employment discrimination; employee notification of federal and state statute of limitations.24102912D
Patron: Sickles
Commonwealth Health Reinsurance Program; payment parameters. Requires the State Corporation Commission, in setting the payment parameters for the upcoming benefits year, to set such payment parameters at levels designed to achieve the premium reduction target established in the general appropriation act or, if such target is not established in the general appropriation act, the premium reduction target of the previous benefit year.
A BILL to amend and reenact § 38.2-6602 of the Code of Virginia, relating to the Commonwealth Health Reinsurance Program; payment parameters.24100508D
Patron: Sullivan
Insurance; conducting business by electronic means. Authorizes a plan sponsor of a health benefit plan, including a dental or vision benefit plan, to agree on behalf of a party enrolled in the sponsored health benefit plan to conduct business by electronic means, provided that the plan sponsor, prior to agreeing on behalf of the party, has confirmed that the party routinely uses electronic communications during the normal course of employment and has provided notice to the party regarding the ability to opt out of using electronic means at any time.
A BILL to amend and reenact §§ 38.2-325 and 38.2-4509 of the Code of Virginia, relating to insurance; conducting business by electronic means; agreement on behalf of a party.24102971D
Patron: Maldonado
Financial institutions; reporting financial exploitation of elderly or vulnerable adults. Permits a financial institution 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 the suspected financial exploitation of such adult. The bill also permits a financial institution to conduct a training to instruct its staff on how to identify and report the suspected financial exploitation of an elderly or vulnerable adult internally at such financial institution, to a designated trusted contact, and to various other authorities. The bill directs the Bureau of Financial Institutions of the State Corporation Commission to develop and publish guidelines for such training by January 1, 2026. The bill provides that no financial institution staff that have received such training shall be liable in any civil or administrative proceeding for disclosing the suspected financial exploitation of an elderly or vulnerable adult pursuant to the bill's provisions if such disclosure was made in good faith and with reasonable care. The bill provides that no financial institution that has provided such training shall be liable for any such disclosure by financial institution staff.
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.24105750D
Patron: Maldonado
Consumer Data Protection Act; protections for children. Prohibits, subject to a parental consent requirement, a data controller from processing personal data of a known child (i) for the purposes of targeted advertising, the sale of such personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer; (ii) unless such processing is reasonably necessary to provide the online service, product, or feature; (iii) for any processing purpose other than the processing purpose that the controller disclosed at the time such controller collected such personal data or that is reasonably necessary for and compatible with such disclosed purpose; or (iv) for longer than is reasonably necessary to provide the online service, product, or feature. The bill prohibits, subject to a parental consent requirement, a data controller from collecting precise geolocation data from a known child unless (i) such precise geolocation data is reasonably necessary for the controller to provide an online service, product, or feature and, if such data is necessary to provide such online service, product, or feature, such controller shall only collect such data for the time necessary to provide such online service, product, or feature and (ii) the controller provides to the known child a signal indicating that such controller is collecting such precise geolocation data, which signal shall be available to such known child for the entire duration of such collection. The bill prohibits a data controller from engaging in the activities described in the bill unless the controller obtains consent from the child's parent or legal guardian in accordance with the federal Children's Online Privacy Protection Act.
A BILL to amend and reenact §§ 59.1-575, 59.1-578, and 59.1-580 of the Code of Virginia, relating to Consumer Data Protection Act; protections for children.24105782D
Patron: Delaney
Retaliatory action against employee prohibited; remedies available. Provides that a violation of certain provisions regarding retaliatory action against employees may be alleged in a court of competent jurisdiction within one year of the employer's final prohibited retaliatory action. The bill states that in such cases, treble damages may be awarded if such violation was willful.
A BILL to amend and reenact § 40.1-27.3 of the Code of Virginia, relating to retaliatory action against employee prohibited; remedies available.24102607D
Patron: Mundon King
Health insurance; coverage for prescription contraceptives. 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 any prescribed contraceptive drug or contraceptive device. 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. 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 prescription contraceptives.24107022D
Patron: Shin
Public utilities; municipal utilities; disconnection of service; limitations; consumer protections. Suspends electric, gas, water, and wastewater utilities subject to the regulation of the State Corporation Commission from disconnecting service to a residential customer for nonpayment of bills or fees during a state of emergency declared by the Governor and provides that such suspension lasts for 30 days after such declaration of the state of emergency. The bill suspends such electric and gas utilities from disconnecting service to a residential customer for nonpayment of bills or fees when the forecasted temperature low is at or below 32 degrees Fahrenheit and suspends electric utilities from disconnecting any such customer from service when the forecasted temperature high is at or above 92 degrees Fahrenheit within the 24 hours following the scheduled disconnection. The bill further suspends electric, gas, water, and wastewater utilities from disconnecting residential customers from service on Fridays, weekends, state holidays, and the day immediately preceding a state holiday. The bill requires each such utility to notify its residential customers of such utility's disconnection for nonpayment policy and to deliver notice of nonpayment of bills or fees to such customers prior to disconnection.
A BILL to amend the Code of Virginia by adding in Chapter 21 of Title 15.2 an article numbered 2.1, consisting of sections numbered 15.2-2121.1, 15.2-2121.2, and 15.2-2121.3, by adding in Chapter 3.2 of Title 44 a section numbered 44-146.29:4, and by adding in Article 2 of Chapter 10 of Title 56 sections numbered 56-245.1:3 and 56-245.1:4, relating to public utilities; municipal utilities; disconnection of service; limitations; report; consumer protections.
24105935D
Patron: LeVere Bolling
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. Such provisions of the bill are subject to a reenactment clause.
The bill also requires the Health Insurance Reform Commission to consider coverage for doula care services in its review of the essential health benefits benchmark plan and to include such coverage in its recommendation to the General Assembly unless a compelling reason for excluding such coverage is identified.
24105534D
Patron: LeVere Bolling
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.24103282D
Patron: Maldonado
Proton radiation therapy; clinical evidence for decisions on coverage. Permits a health insurance carrier to consider (i) coverage of a proton radiation therapy treatment by Medicare, Medicaid, or any other governmental health care coverage for any type of cancer or (ii) a recommendation of proton radiation therapy by a patient's treating physician or radiation oncologist as a sufficient standard of clinical evidence to justify coverage of proton radiation therapy.
A BILL to amend and reenact § 38.2-3407.14:1 of the Code of Virginia, relating to proton radiation therapy; clinical evidence for decisions on coverage.
24103741D
Patron: Maldonado
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.
24102975D
Patron: Willett
Net energy metering; eligible customer-generators and eligible agricultural customer-generators. Provides that no contract, lease, or arrangement by which a third party owns, maintains, or operates an electrical generating facility on an eligible-customer generator's property shall constitute the sale of electricity or cause the customer-generator or the third party to be considered an electric utility by virtue of participating in net energy metering. The bill prohibits an eligible customer-generator or eligible agricultural customer-generator from being required to provide proof of liability insurance or to purchase additional liability insurance as a condition of interconnection. The bill exempts eligible customer-generators and eligible agricultural customer-generators that operate a battery storage device of capacity commensurate with and equal to or greater than that of the electrical generating facility and in conjunction with the electrical generating facility from standby charges. The bill provides that any eligible customer-generator or eligible agricultural customer-generator may participate in demand response, energy efficiency, or peak reduction from dispatch of onsite battery service, provided that the compensation received is in exchange for a distinct service that is not already compensated by net metering credits for electricity exported to the electric distribution system or compensated by any other utility program or tariff.
A BILL to amend and reenact §§ 56-594 and 56-594.02 of the Code of Virginia, relating to net energy metering; eligible customer-generators and eligible agricultural customer-generators.24101496D
Patron: Reaser
Health insurance; pharmacy benefits managers; reporting requirements; civil penalty. Provides that a person that violates the existing requirement to obtain a license prior to providing pharmacy benefits management services or otherwise acting as a pharmacy benefits manager may be subject to a civil penalty of $5,000 for each day on which such violation occurs. The bill adds to existing reporting requirements for insurance carriers relating to pharmacy benefits managers. Such additional requirements include (i) the aggregate amount of a pharmacy benefits manager's retained rebates, as defined in the bill; (ii) a pharmacy benefits manager's aggregate retained rebate percentage, as defined in the bill; and (iii) the aggregate amount of administrative fees received by a pharmacy benefits manager.
A BILL to amend and reenact §§ 38.2-3465, 38.2-3466, and 38.2-3468 of the Code of Virginia, relating to health insurance; pharmacy benefits managers; reporting requirements; civil penalty.24104835D