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2010 SESSION

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Senate Committee on Commerce and Labor

Chairman: Richard L. Saslaw

Clerk: Cheryl Law
Staff: Frank Munyan,Anne Louise Mason
Date of Meeting: February 15, 2010
Time and Place: 1/2 hour after adjournment/Senate Room B

S.B. 238 Enhanced Public Safety Telephone Services Act; certain requirements for CMRS resellers.

Patron: Watkins

Enhanced Public Safety Telephone Services Act; CMRS resellers.  Clarifies that CMRS resellers are required to collect the wireless E-911 surcharge on all sales by retailers of prepaid CMRS service.  The measure defines CMRS resellers as providers of mobile telecommunication services that resell, use a component part of, or integrate the purchased services into a mobile telecommunication service.  An obsolete provision regarding payments for fiscal year 2005 is deleted.

A BILL to amend and reenact §§ 56-484.12 and 56-484.17 of the Code of Virginia, relating to the Enhanced Public Safety Telephone Services Act; collection of wireless E-911 surcharge.

10101249D

Impact Statements

S.B. 250 Open-end credit plan loans; established, penalties.

Patron: Reynolds

Open-end credit plan loans; penalties.  Establishes requirements for open-end credit plan loans that track many of the provisions of the payday Loan Act. Currently, lenders and sellers making open-end loans are not required to be licensed and may charge interest at any rate agreed to by the borrower if the balance is not repaid in full within a 25-day grace period. Under this measure, the maximum amount of an open-end credit plan loan is $500. Interest may not exceed an annual rate of 36 percent, plus a loan fee of 20 percent of the initial advance and a $5 verification fee. The maximum term of a revolving loan agreement is 24 months. Open-end credit plan lenders are required to be licensed by the State Corporation Commission. A violation of the measure is a prohibited practice under the Consumer Protection Act. Violations are subject to civil and criminal penalties.

A BILL to amend and reenact §§ 6.1-249, 6.1-330.55, 6.1-330.78, and 59.1-200 of the Code of Virginia and to amend the Code of Virginia by adding in Title 6.1 a chapter numbered 21, consisting of sections numbered 6.1-480 through 6.1-507, relating to the regulation of lenders engaged in open-end lending; penalties.

10101636D

Impact Statements

S.B. 281 Child labor; authorizes participation by children in activities of any nonprofit entity.

Patron: Quayle

Child labor; animal welfare organizations.  Authorizes the participation by children of any age in all activities of any nonprofit entity organized to provide for the care and welfare of animals. However, children aged 13 and younger may participate only if accompanied by a parent.

A BILL to amend and reenact § 40.1-100 of the Code of Virginia, relating to child labor; animal welfare organizations.

10103738D

Impact Statements

S.B. 344 Voltage regulation technologies; electric utilities to recover costs and earn 15 percent rate.

Patron: Hanger

Installation of voltage regulation technologies; recovery of costs.  Allows electric utilities to recover the costs and to earn a 15 percent rate of return on investments in certain voltage regulation technologies. To qualify for this treatment, a voltage regulation device shall reduce energy consumption, improve grid efficiency, raise or lower voltage dynamically and be 99 percent or more efficient across at least 90 percent of the load curve.

A BILL to amend the Code of Virginia by adding a section numbered 56-585.1:1, relating to the installation of voltage regulation technology devices.

10102539D

Impact Statements

S.B. 367 Workers' compensation; employer liability for medical services.

Patron: Puckett

Workers' compensation; medical services.  Limits the liability of an employer for certain costs of an employee's surgical procedures in connection with an award under the Virginia Workers' Compensation Act. If more than one covered surgical procedure is performed during an operative session, the employer's liability shall be based on the applicable prevailing community rate for the procedure that has the highest prevailing community rate and one-half of the prevailing community rate for other covered surgical procedures performed. If a physician serves as an assistant-at-surgery, the employer's pecuniary liability for the service is capped at 20 percent of the prevailing community rate payable to the primary surgeon. If a nonphysician serves as an assistant-at-surgery, the employer's pecuniary liability for the service is capped at 10 percent of the prevailing community rate payable to the primary surgeon. If a health care provider renders covered medical services to an injured worker in another state, the provider will be reimbursed in accordance with that state's workers' compensation fee schedule if the state has such a schedule or at the prevailing community rate if the state does not have such a schedule.

A BILL to amend and reenact § 65.2-605 of the Code of Virginia, relating to workers' compensation; employer liability for medical services.

10101326D

Impact Statements

S.B. 375 Title loans; establishes a system for regulating.

Patron: Puckett

Title loans.  Establishes a system for regulating title loans, which are non-purchase money loans secured by a lien on a motor vehicle's title. The interest rate that currently may be charged on such loans is uncapped if the loan is structured as an open-end loan and the borrower does not pay the balance in full within a 25-day grace period. Under this measure, interest may not exceed rate of 22% per month on the portion of the principal that does not exceed $1,000, 20% per month on the portion of the principal exceeding $1,000 but not exceeding $2,000, and 18% per month on the portion of the principal in excess of $2,000.  The original term of a title loan agreement shall be one month. Loans may be renewed and on or before the maturity date of each loan or renewal period, the borrower must pay an amount sufficient to both satisfy any interest due and to reduce the outstanding principal balance by at least 7% of the original loan amount.  If the borrower fails to make a required principal payment, interest will stop accruing on the unpaid amount so that the amount of principal accruing interest during any renewal period is less, by at least 7% of the original loan amount, than the amount of principal accruing interest in the previous period.  The lender may allow the borrower to defer repayment of any non-interest bearing principal to a later date.  Title lenders are required to be licensed by the State Corporation Commission. If a borrower defaults under a title loan agreement, the lender may repossess the motor vehicle and dispose of it in accordance with the Uniform Commercial Code.  Violations are subject to civil and criminal penalties.

A BILL to amend and reenact §§ 6.1-249, 6.1-330.55, and 6.1-330.78 of the Code of Virginia and to amend the Code of Virginia by adding in Title 6.1 a chapter numbered 21, consisting of sections numbered 6.1-480 through 6.1-508, relating to certain loans secured by a lien on a motor vehicle's certificate of title; penalties.

10100128D

Impact Statements

S.B. 393 Offshore Wind Project Development Commission; established.

Patron: Wagner

Virginia Offshore Wind Project Development Commission.  Creates the Virginia Offshore Wind Project Development Commission to facilitate the development of wind-powered electric energy facilities located off the coast of the Commonwealth beyond the Commonwealth's three-mile jurisdictional limit. The Commission is charged, among other tasks, with applying to the U.S. Minerals Management Service for leases or easements for sites for such projects and applying to the U.S. Department of Energy for up to $4 billion in loan guarantees for such projects.

A BILL to amend the Code of Virginia by adding in Title 67 a chapter numbered 12, consisting of sections numbered 67-1200 through 67-1212, relating to the Virginia Offshore Wind Project Development Commission.

10100141D

S.B. 394 Offshore energy resources; production and development permitted 50 miles off Atlantic shoreline.

Patron: Wagner

Offshore energy resources.  States that it shall be the policy of the Commonwealth to support oil and natural gas exploration, development, and production 50 miles or more off Virginia's coast. Currently, the policy is limited to supporting exploration for natural gas resources 50 miles or more offshore.

A BILL to amend and reenact § 67-300 of the Code of Virginia, relating to offshore energy resources.

10100459D

Impact Statements

S.B. 399 Motor vehicle insurance; premiums based on credit information.

Patron: Wagner

Motor vehicle insurance; premiums based on credit information.  Prohibits insurers from setting rates for motor vehicle insurance on the basis of a person's credit history or credit score.

A BILL to amend and reenact §§ 38.2-2212, 38.2-2213, and 38.2-2234 of the Code of Virginia, relating to motor vehicle insurance premiums; use of certain credit information.

10101420D

Impact Statements

S.B. 424 Motor vehicle equity loans; establishes requirements, penalties.

Patron: Herring

Motor vehicle equity loans; penalties.  Establishes requirements for motor vehicle equity loans, which are nonpurchase-money closed-end loans secured by an interest in a motor vehicle. Interest may not exceed a monthly rate of three percent. The maximum amount of a motor vehicle equity loan is 50 percent of the vehicle's value, not to exceed $2,500. The maximum term of a loan is one year. Motor vehicle equity lenders are required to be licensed by the State Corporation Commission. A violation of the measure is a prohibited practice under the Consumer Protection Act. Violations are subject to civil and criminal penalties.

A BILL to amend and reenact §§ 6.1-249, 6.1-330.55, 6.1-330.78, and 59.1-200 of the Code of Virginia and to amend the Code of Virginia by adding in Title 6.1 a chapter numbered 21, consisting of sections numbered 6.1-480 through 6.1-507, relating to motor vehicle equity loans; penalties.

10101957D

Impact Statements

S.B. 441 Wireless E-911 charges; establishes rate and procedures for collection and remittance by sellers.

Patron: Saslaw

Prepaid wireless E-911 charges; collection by retailers. Establishes the rate and procedures for the collection and remittance of prepaid wireless E-911 charges by sellers of prepaid wireless service in the Commonwealth. The bill would establish a charge of $0.50 per retail purchase of prepaid wireless services that allow access to the 911 system, with such charge also adjusted proportionately with any change to the wireless E-911 surcharge on postpaid wireless services. The Department of Taxation would be required to establish registration and payment procedures with respect to prepaid wireless E-911 charges that are substantially similar to those applicable to the sales tax. Retail sellers would be allowed to retain a discount of five percent of collected prepaid wireless E-911 charges. The provisions of the bill would apply to retail transactions occurring on or after January 1, 2011.

A BILL to amend and reenact §§ 56-484.12 and 56-484.17 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-484.17:1, relating to establishing the rate and collection procedures for E-911 charges on prepaid wireless mobile telecommunications service.

10103812D

Impact Statements

S.B. 464 Health insurance; mandated coverage for autism spectrum disorder.

Patron: Howell

Health insurance; mandated coverage for autism spectrum disorder. Requires health insurers, health care subscription plans, and health maintenance organizations to provide coverage for the diagnosis and treatment of autism spectrum disorder in individuals from the date of diagnosis until they reach 10 years of age.  This requirement does not apply to individual or small group policies, contracts, or plans, and will not apply to the state employees' health insurance plan until July 1, 2015.

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 38.2-3418.16, relating to health insurance coverage for autism spectrum disorder.

10103458D

S.B. 465 Group life insurance coverage; extended to persons mutually agreed upon by insurer and policyholder.

Patron: Howell

Group life insurance coverage.  Allows coverage under a group life insurance policy to be extended to insure any class of persons as may mutually be agreed upon by the insurer and the group policyholder.

A BILL to amend and reenact § 38.2-3323 of the Code of Virginia, relating to group life insurance coverages.

10100382D

Impact Statements

S.B. 474 Foreign business entities; temporary certificates of authority.

Patron: Watkins

Foreign business entities; temporary certificates.  Establishes a mechanism for the State Corporation Commission to issue a temporary certificate of authority to transact business in the Commonwealth to a foreign stock or nonstock corporation that (i) has applied for a certificate of authority to transact business and paid the applicable fee and (ii) is in good standing in the state where it is incorporated. The temporary certificate shall be issued without additional charge and shall be valid for 30 days or until the Commission has issued the permanent certificate, whichever occurs first. A similar provision is established for foreign limited liability companies.

A BILL to amend and reenact §§ 13.1-759, 13.1-921, and 13.1-1052 of the Code of Virginia, relating to temporary certificates of authority for foreign business entities.

10102387D

Impact Statements

S.B. 498 School calendar; opening of school year in Pittsylvania County.

Patron: Hurt

Opening of the 2010 - 2011 school year in Pittsylvania County. Authorizes the Pittsylvania County School Board to set the opening of the 2010 - 2011 school year so that the first day students are required to attend school shall be one week prior to Labor Day.

A BILL to authorize the Pittsylvania County School Board to set the school calendar for the 2010 - 2011 school year so that the first day students are required to attend school may be before Labor Day.

10101859D

Impact Statements

S.B. 511 Settlement payment; insurer to provide notice to a judgment creditor upon payment of $5,000.

Patron: Norment

Notification of settlement payment.  Requires an insurer to provide notice to a judgment creditor or claimant upon the payment of at least $5,000 in settlement or satisfaction of a third-party liability claim to the attorney or representative of the judgment creditor or claimant.

A BILL to amend the Code of Virginia by adding in Chapter 2 of Title 38.2 a section numbered 38.2-236, relating to notification of settlement payment.

10100819D

S.B. 548 Restroom Access Act; created.

Patron: Barker

Customer access to restrooms; civil penalty.  Requires a retail establishment that has a toilet facility for its employees to allow a customer to use that facility during normal business hours if the following conditions are met: (1) the customer requesting the use of the employee toilet facility suffers from an eligible medical condition or utilizes an ostomy device; (2) three or more employees of the retail establishment are working at the time the request is made; (3) the retail establishment does not normally make a restroom available to the public; (4) the employee toilet facility is not located in an area where providing access would create an obvious health or safety risk to the customer; and (5) a public restroom is not immediately accessible to the customer. The bill also provides that a retail establishment is not required to make any physical changes to an employee toilet facility. The operator of a retail establishment that violates this requirement is subject to a civil penalty of not more than $100. A violation of this act does not subject the retail establishment to further liability to the customer.

A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 50, consisting of sections numbered 59.1-550 through 59.1-553, relating to customer access to restrooms; penalty.

10102030D

S.B. 577 Virginia Offshore Wind Development Authority; created.

Patron: McEachin

Virginia Offshore Wind Project Development Authority.  Creates the Virginia Offshore Wind Development Authority to facilitate and support the development of wind-powered electric energy facilities located off the coast of the Commonwealth beyond the Commonwealth's three-mile jurisdictional limit. The Commission is charged with, among other tasks, (i) collecting metocean data, (ii) identifying existing state and regulatory or administrative barriers to the development of the offshore wind industry, (iii) upgrading port facilities to accommodate the manufacturing and assembly of offshore wind energy project components and vessels that will support the construction and operations of offshore wind energy projects, (iv) securing federal loan guarantees, and (v) developing, constructing, and operating interconnection facilities on the Virginia shoreline to connect offshore wind energy projects to the electric grid.

A BILL to amend the Code of Virginia by adding in Title 67 a chapter numbered 12, consisting of sections numbered 67-1200 through 67-1214, relating to the Virginia Offshore Wind Development Authority.

10101758D

S.B. 597 Workers' compensation; insurance carriers to file proof of coverage within 30 days of inception.

Patron: Wampler

Workers' compensation insurance; proof of coverage.  Authorizes workers' compensation insurance carriers to file proof of coverage within 30 days of an insurance policy's inception. The filing shall be made electronically in the form prescribed by, and to the agent designated by, the Workers' Compensation Commission.

A BILL to amend and reenact § 65.2-804 of the Code of Virginia, relating to proof of workers' compensation insurance coverage.

10103989D

Impact Statements

S.B. 606 Motor vehicle title loans; establishes requirements, penalties.

Patron: Saslaw

Motor vehicle title loans; penalties. Establishes requirements for motor vehicle title loans, which are nonpurchase money revolving loans secured by an interest in a motor vehicle. Under this measure, if the loan balance is not paid in full within a 25-day grace period (in which case interest does not accrue), interest shall not exceed 22 percent per month on the portion of the outstanding balance of the loan that does not exceed $700; 18 percent per month on the portion between $700 and $1,400; and 15 percent per month on the portion that exceeds $1,400.  There is no cap on the size of such loans.  Money advanced under the loan agreement is required to be repaid in monthly payments over the 12 months following an advance. Interest does not accrue on a loan after the motor vehicle securing the loan has been repossessed or after 60 days following the failure to make a payment. Lenders are barred from seeking a deficiency judgment against a borrower following repossession or sale of the motor vehicle. Motor vehicle equity lenders are required to be licensed by the State Corporation Commission. A violation of the measure is a prohibited practice under the Consumer Protection Act. Violations are subject to civil and criminal penalties.

A BILL to amend and reenact §§ 6.1-249, 6.1-330.55, 6.1-330.78, and 59.1-200 of the Code of Virginia and to amend the Code of Virginia by adding in Title 6.1 a chapter numbered 21, consisting of sections numbered 6.1-480 through 6.1-507, relating to motor vehicle title loans; penalties.

10103115D

Impact Statements

S.B. 642 Health insurance, basic; HMOs to offer plans that do not include state-mandated insurance.

Patron: Reynolds

Availability of basic health insurance.  Authorizes health maintenance organizations to offer and sell to small employers group health care plans for health care services that do not include all of the state-mandated health insurance benefits. Currently, such limited coverage may be offered by health insurers and corporations providing subscription contracts.

A BILL to amend and reenact §§ 38.2-3406.1 and 38.2-4319 of the Code of Virginia, relating to health insurance policies offered by small employers; application to health maintenance organizations.

10104254D

S.B. 674 Automobile clubs; shall not include services offered or provided through a telematics system.

Patron: Wampler

Automobile clubs; telematics systems.  Provides that the services that may be supplied by an automobile club shall not include services offered or provided through a telematics system. A telematics system is motor vehicle equipment that collects and delivers information or services to and from a motor vehicle through global positioning systems and wireless communications systems.

A BILL to amend and reenact § 13.1-400.1 of the Code of Virginia, relating to automobile clubs; telematics systems.

10104174D

S.B. 675 Health insurance; mandated coverage for telemedicine services.

Patron: Wampler

Health insurance; mandated coverage for telemedicine services.  Requires health insurers, health care subscription plans, and health maintenance organizations to provide coverage for the cost of telemedicine services when the services are appropriately provided through such means. "Telemedicine services" means the use of interactive audio, video, or other telecommunications technology by a health care provider to deliver health care services at a site other than the site where the patient is located, including the use of electronic media for consultation relating to the health care diagnosis or treatment of the patient. Decisions denying coverage of services provided via telemedicine will be subject to utilization review procedures.

A BILL to amend and reenact §§ 32.1-137.7 and 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3418.16, relating to health insurance coverage for telemedicine services.

10104042D

S.B. 729 Electric utilities; alternative energy research and demonstration projects.

Patron: McEachin

Electric utilities; alternative energy research and demonstration projects.  Establishes a procedure for an investor-owned public utility to obtain approval of the State Corporation Commission for alternative energy research and demonstration projects.  Such projects are research projects implemented primarily to collect information regarding the feasibility and cost effectiveness of alternative energy technologies, including offshore wind energy, solar energy, energy storage other than pump storage, distributed renewable power programs and tariffs, and customer-based metering energy management and efficiency projects.  The utility may recover the costs of an approved project, with a fair return thereon, through an adjustment to rates.  A utility is limited to annual investment in such projects of the lesser of (i) 1.5 percent of the electric utility's revenues from operations in Virginia for the preceding year or (ii) $100 million.  A project may be approved if the utility demonstrates that the project will satisfy one or more of the following: (a) enhance the electric utility's understanding of the effect of emerging energy technologies on the utility's systems and customers; (b) promote economic development; (c) provide environmental benefits; and (d) supplement any of the electric utility's other renewable energy or energy efficiency initiatives.  This measure expires on July 1, 2015.

A BILL to amend and reenact § 56-235.4 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-249.6:1, relating to electric utilities; alternative energy research and demonstration projects; recovery of costs.

10104428D

Impact Statements