SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2010 SESSION

  • print version
Senate Committee on Commerce and Labor

Chairman: Richard L. Saslaw

Clerk: Cheryl Law
Staff: Frank Munyan,Anne Louise Mason
Date of Meeting: February 22, 2010
Time and Place: 1/2 hour after adjournment/Senate Room B

H.B. 77 Credit life insurance; disclosure requirement.

Patron: Ware, R.L.

Credit life insurance disclosures. Requires that a debtor, when buying a credit life insurance policy paid in advance or by a single premium, shall be provided with a notice of his right to a refund if the insurance is terminated prior to its scheduled maturity or the insured indebtedness is terminated or paid off early. The same disclosure requirement currently exists for insurance contracts on a debtor paid by a single premium.

A BILL to amend and reenact §§ 38.2-3724 and 38.2-3735 of the Code of Virginia, relating to credit life insurance disclosures.

10104296D

H.B. 116 Mail order pharmacy; insurer not limited to a single provider for services.

Patron: Purkey

Pharmacy benefits; freedom of choice. Authorizes accident and sickness insurers proposing to issue preferred provider policies or contracts, health maintenance organizations, corporations providing preferred provider subscription contracts, and health care plans for state employees to select a single mail order pharmacy provider as an exclusive provider of pharmacy services that are delivered to the covered person's address by mail, common carrier, or delivery service. SB 535 is identical.

A BILL to amend and reenact §§ 2.2-2818, 38.2-3407.7, 38.2-4209.1, and 38.2-4312.1 of the Code of Virginia, relating to pharmacy freedom of choice; mail order pharmacy providers.

10104425D

H.B. 258 Individual health insurance coverage; expands scope of who is eligible.

Patron: McClellan

Individual health insurance coverage.  Expands the scope of who is an eligible person for purposes of guaranteed availability of individual health insurance coverage regardless of health status to include persons whose most recent prior creditable coverage was under the Commonwealth's Medicaid plan.

A BILL to amend and reenact § 38.2-3430.2 of the Code of Virginia, relating to individual health insurance coverage.

10102874D

H.B. 260 Insurance; SCC to require person to make restitution if improperly withholds money.

Patron: McClellan

Insurance; restitution.  Authorizes the State Corporation Commission to require a person to make restitution in the amount of the direct actual financial loss if the person improperly withholds, misappropriates, or converts any money or property received in the course of conducting business. Currently, the Commission's authority to order restitution is limited to cases where an insurer charges an excessive rate or discriminatory premium or fails to pay undisputed amounts required under an insurance contract.

A BILL to amend and reenact § 38.2-218 of the Code of Virginia, relating to insurance; restitution required by the State Corporation Commission.

10100732D

H.B. 352 Group life insurance coverage; extended to persons mutually agreed upon by insurer and policyholder.

Patron: Rust

Group life insurance coverage.  Allows coverage under a group life insurance policy to be extended to insure any person in whom the insured group member has an insurable interest, as may mutually be agreed upon by the insurer and the group policyholder. SB 465 is identical.

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

10100764D

H.B. 387 Telephone utilities; SCC to treat all providers of local exchange telephone service equitably.

Patron: Janis

Telephone utilities; switched access rates.  Requires the State Corporation Commission, to establish a schedule for the elimination of the carrier common line element of intrastate carrier switched access charges. For incumbent local exchange carriers with more than 15,000 access lines, the charges are to be eliminated by July 1, 2013. For those with more than 15,000 access lines or that have received a grant and loan under the federal Broadband Initiatives Program, the Commission will determine such a schedule by July 1, 2011. Certain carriers with more than 15,000 access lines may apply for an opportunity to be heard on the issue of extending the deadline for elimination of such charges to a date not later than July 1, 2014. Carriers shall be permitted to increase retail rates to recover a reasonable amount of revenue lost due to the elimination of such charges.

A BILL to amend and reenact § 56-235.5:1 of the Code of Virginia, relating to local exchange telephone service; switched access service rates.

10105396D

H.B. 417 Exchange Facilitators Act; established.

Patron: Oder

Exchange Facilitators Act; established. Establishes requirements for the activities of exchange facilitators, who are persons that for a fee, enter into an agreement with a taxpayer to act as (i) a qualified intermediary in an exchange of like-kind property, (ii) an Exchange Accommodation Titleholder; or (iii) a qualified trustee or escrow holder. Exchange facilitators are required to notify exchange clients of change in control of the exchange facilitator; to maintain exchange funds in separately identified accounts or in a qualified escrow or qualified trust; to maintain errors and omissions insurance or deposit cash or letters of credit; and to account for moneys and property. Persons who engage in the business of an exchange facilitator are prohibited from making misrepresentations, failing to account for moneys or property of others, engaging in fraudulent or dishonest dealings, committing certain crimes, or materially failing to fulfill contractual duties to an exchange client. Violations are subject to a civil penalty of up to $2,500. This bill is recommended by the Virginia Housing Commission.

A BILL to amend the Code of Virginia by adding in Title 55 a chapter numbered 27.1, consisting of sections numbered 55-525.1 through 55-525.7, relating to exchange facilitators.

10104306D

H.B. 446 Workers' compensation; exclusion of certain employees.

Patron: Ware, R.L.

Workers' Compensation; exclusion of certain employees. Excludes a person from coverage under the Virginia Workers' Compensation Act if his injury, disability, or death is covered by or eligible for benefits under the Longshore and Harbor Workers' Compensation Act or the Jones Act. The measure provides that such persons continue to be employees for purposes of the Act with respect to injury by accident that occurred prior to July 1, 2010.

A BILL to amend and reenact § 65.2-101 of the Code of Virginia, relating to workers' compensation; exclusion of certain employees.

10104407D

H.B. 448 Virginia Life, Accident & Sickness Insurance Guaranty Association; coverage for polices & contracts.

Patron: Ware, R.L.

Virginia Life, Accident and Sickness Insurance Guaranty Association. Updates and expands the scope of the Virginia Life, Accident and Sickness Insurance Guaranty Association. The Association provides a system for the protection of policy owners, annuitants, and other persons against failure in an insurer's performance of its contractual obligations under life and accident and sickness insurance policies and annuity contracts as a result of the insurer's impairment or insolvency. HB 574 is incorporated.

A BILL to amend and reenact §§ 38.2-1442 and 38.2-1700 through 38.2-1715 of the Code of Virginia, relating to the Virginia Life, Accident and Sickness Insurance Guaranty Association.

10104989D

H.B. 482 Credit unions; conversion to a state mutual savings institution.

Patron: Sickles

Credit unions and banks; mergers and consolidations. Establishes a procedure by which a state credit union may convert to a state mutual savings institution. Conversion requires approval of two-thirds of the eligible and voting members of the credit union, unless the articles of incorporation allow a greater or lesser vote (which shall in no event be less than a majority). SB 440 is identical.

A BILL to amend the Code of Virginia by adding in Article 7 of Chapter 4.01 of Title 6.1 a section numbered 6.1-225.30:1, relating to credit unions; conversion to mutual savings institution.

10104528D

H.B. 526 State Corporation Commission; filings that contain personal identifying information.

Patron: Nixon

Personal identifying information; State Corporation Commission filings.  Declares that a person preparing or submitting a document or information that is filed with the clerk of the State Corporation Commission is responsible for ensuring that the document or information does not contain any personal identifiable information, which includes a social security number or other number on a driver’s license, information on credit cards or other electronic billing and payment systems, an individual's date of birth or parent's maiden name, and financial account numbers. The provision does not apply if the information is publicly available or is required or authorized by law to be included in the filed information. The measure also authorizes the clerk of the Commission to remove, delete, or obliterate such information from a document, and to refuse to accept for filing any document that includes personal identifiable information. The State Corporation Commission, its members, the clerk of the Commission, and any member of his staff are declared to be immune from liability for any acts or omissions in implementing these provisions.

A BILL to amend and reenact § 12.1-19 of the Code of Virginia, relating to documents filed with the clerk of the State Corporation Commission; personal identifiable information.

10101172D

H.B. 531 Insurance rate filings; exempts insurance rate-related information filed with SCC from inspection.

Patron: Nixon

Insurance rate filings; trade secrets.  Exempts insurance rate-related information filed with the State Corporation Commission from public inspection and copying if it constitutes a trade secret as defined in the Uniform Trade Secrets Act. The insurer or other person filing the information has the burden of persuading the Commissioner of Insurance that information is a trade secret.

A BILL to amend and reenact § 38.2-1907 of the Code of Virginia, relating to access to insurance rate filing information.

10102002D

H.B. 532 Home service contract providers; exempts those that have certain worth from licensure regulation.

Patron: Nixon

Home service contract providers.  Exempts any home service contract provider that has a net worth in excess of $100 million from the provisions of Article 2 of Chapter 26 of Title 38.2 of the Virginia Code, which provides for the licensure regulation of such providers by the State Corporation Commission. SB 439 is identical.

A BILL to amend and reenact §§ 38.2-2617, 38.2-2618, and 38.2-2619 of the Code of Virginia, relating to home service contract providers.

10100383D

H.B. 533 Steps to Advance Virginia's Energy Plan (SAVE) Act; created.

Patron: Nixon

Natural gas utilities; cost recovery for certain infrastructure improvement costs.  Authorizes investor-owned natural gas utilities to petition the State Corporation Commission to implement a separate rider that will allow for recovery of certain costs associated with eligible infrastructure replacement projects. Eligible infrastructure replacement projects are projects that: (i) enhance safety or reliability by reducing system integrity risks associated with customer outages, corrosion, equipment failures, material failures, natural forces or other outside force damage; (ii) do not increase revenues by directly connecting the infrastructure replacement to new customers; (iii) reduce or have the potential to avoid greenhouse gas emissions; and (iv) are not included in the natural gas utility's rate base in its most recent rate case. The costs recoverable from an eligible infrastructure replacement project include a return on the investment, depreciation, property taxes, and carrying costs on the over- or under-recovery of the eligible infrastructure replacement costs.

A BILL to amend the Code of Virginia by adding in Title 56 a Chapter numbered 26, consisting of sections numbered 56-603 and 56-604, relating to natural gas utilities; cost recovery for certain infrastructure improvement costs.

10103775D

H.B. 535 Unemployment benefits; minimum earnings requirement, postpones scheduled increase.

Patron: Nixon

Unemployment benefits; minimum earnings requirement.  Postpones the scheduled increase, from $2,700 to $3,000, in the minimum amount of wages an employee must have earned in the two highest earnings quarters of his base period in order to be eligible for unemployment benefits.  The increase will apply to claims filed on or after July 3, 2011; it is currently scheduled to apply to claims filed on or after July 4, 2010.

A BILL to amend and reenact § 60.2-602 of the Code of Virginia, relating to unemployment compensation; weekly benefit amounts.

10101074D

H.B. 547 Nationwide Mortgage Licensing System & Registry; requires mortgage lenders and brokers to register.

Patron: Marshall, D.W.

Certain mortgage lenders and mortgage brokers required to register with Nationwide Mortgage Licensing System and Registry. Compels mortgage lenders and mortgage brokers whose employees are required to be licensed as mortgage loan originators, to register with the Nationwide Mortgage Licensing System and Registry, developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators. The Commissioner of the Bureau of Financial Institutions may establish agreements with the Registry for such conditions as the collection of information and fees. This is a recommendation of the Virginia Housing Commission. SB 240 is identical.

A BILL to amend and reenact §§ 6.1-409 and 6.1-410 of the Code of Virginia, relating to Nationwide Mortgage Licensing System and Registry.

10102384D

H.B. 548 Group health insurance policies; provide a discount to employers who institute wellness programs.

Patron: Marshall, D.W.

Group health insurance policies; wellness programs. Allows group health insurance policies to provide a discount to employers who institute employee wellness programs. The bill also allows an employer instituting and maintaining an employee wellness program to require any employee wishing to enroll to undergo a health assessment as a condition of enrollment.

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 38.2-3540.2, relating to employee wellness programs.

10102759D

H.B. 554 COBRA; continuation coverage following termination of employment.

Patron: Marshall, D.W.

COBRA continuation coverage. Requires small employers providing group health insurance coverage to offer to certain employees whose employment is involuntarily terminated the option to continue their coverage for any additional period, extending beyond the nine months of COBRA continuation coverage that is currently required, as may be specified by future amendments to the American Recovery and Reinvestment Act. The measure will take effect upon its passage.

A BILL to amend and reenact § 38.2-3541.1 of the Code of Virginia, relating to continuation of group health insurance coverage following termination of employment.

10103549D

EMERGENCY

H.B. 556 Health insurance, basic; HMOs to offer plans that do not include state-mandated benefits.

Patron: Marshall, D.W.

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 policies, subscription contracts, or evidence of coverage. SB 642 is identical.

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.

10104456D

H.B. 603 Workers' Compensation Commission; notices, orders, etc., by electronic communications.

Patron: Loupassi

Workers' Compensation Commission; notices. Authorizes the Workers' Compensation Commission to satisfy its obligations to provide copies of notices, opinions, orders, and awards by sending them by electronic communications in the manner prescribed by the Commission. SB 611 is identical.

A BILL to amend and reenact § 65.2-715 of the Code of Virginia, relating to Workers' Compensation Commission; electronic notices.

10101480D

H.B. 612 Corporations; payment of annual registration fees.

Patron: Purkey

Corporations; payment of annual registration fees.  Requires that payments of annual registration fees assessed against a corporation be applied to the corporation's oldest unpaid annual registration fee assessment or penalty.  The measure provides that annual registration fees shall be due in the anniversary month of the date when the corporation was incorporated, or authorized to transact business or conduct its affairs in the Commonwealth if it is a foreign corporation. The measure also clarifies the procedure by which a corporation's corporate existence or authority to transact business or conduct its affairs in the Commonwealth is automatically terminated if it fails to pay its annual registration fee by the last day of the fourth month following the fee's due date.

A BILL to amend and reenact §§ 13.1-615, 13.1-752, 13.1-768, 13.1-775, 13.1-775.1, 13.1-815, 13.1-914, 13.1-930, 13.1-936, and 13.1-936.1 of the Code of Virginia, relating to annual registration fees assessed against corporations.

10101169D

H.B. 629 Successor corporations; applicability of limitations on asbestos-related liabilities.

Patron: Kilgore

Successor corporations; asbestos-related liability.  Limits the cumulative successor asbestos-related liabilities of a corporation to the fair market value of the total gross assets of the transferor determined as of the effective date and time of the merger or consolidation, and states that the corporation is not responsible for successor asbestos-related liabilities in excess of this limit, as the limit may be adjusted. The limitation does not apply to workers' compensation benefits, claims not constituting successor asbestos-related liability, or obligations under the National Labor Relations Act or collective bargaining agreements. Further, the limitation applies only to a corporation that assumed or incurred certain asbestos-related liabilities prior to January 1, 1972, and to any successors of that corporation. A corporation may establish the fair market value of total gross assets by reference to the going-concern value of the assets or to the purchase price attributable to or paid for the assets in an arm's-length transaction, by reference to the value of the assets recorded on a balance sheet if there is no other readily available information from which fair market value can be determined, or any other method reasonable under the circumstances. The limitation applies to all asbestos claims filed on or after July 1, 2010.

A BILL to amend the Code of Virginia by adding a section numbered 13.1-721.2, relating to asbestos-related liabilities of successor corporations.

10100988D

H.B. 677 Specialized Biotechnology Research Performance Grant Program; established.

Patron: May

Specialized Biotechnology Research Performance Grant Program; established. Establishes the Specialized Biotechnology Research Performance Grant Program for nonprofit entities engaged in research, development, and production related to molecular diagnostics and drug development that enter into a performance-based memorandum of understanding with the Commonwealth prior to June 30, 2010. Grants would be paid to an eligible entity based in Fairfax County that commits in the memorandum of understanding and fulfills its obligation to (i) make a new capital investment of at least $200 million, (ii) create at least 415 new full-time jobs, and (iii) meet any other criteria set forth in the memorandum of understanding. Grants from the program to a qualified entity shall not exceed $22 million in the aggregate.

A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 22.7, consisting of a section numbered 59.1-284.24, relating to the Specialized Biotechnology Research Performance Grant Program; established.

10103171D

H.B. 705 Workers' Compensation Commission; repeals requirement of sending copies of awards by priority mail.

Patron: Merricks

Workers' Compensation Commission; awards. Repeals provisions that require the Workers' Compensation Commission to send copies of awards by priority mail with delivery confirmation or equivalent mailing option. The measure also increases the period in which an application for review of an award may be made from 20 to 30 days. SB 612 is identical.

A BILL to amend and reenact §§ 65.2-704, 65.2-705, and 65.2-706 of the Code of Virginia, relating to the Workers' Compensation Commission; awards.

10101479D

H.B. 754 Wireless E-911 charges; establishes rate & procedures for collection & remittance of by sellers.

Patron: Janis

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 dealers 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. The dealer is required to remit prepaid wireless E-911 charges to the Department of Taxation, and liability for the charge is placed on the end user. The Department of Taxation would be required to establish guidelines implementing this measure, which shall include an exemption for small dealers. Dealers will 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.

10104845D

H.B. 760 Veterans Skills Database; established.

Patron: Stolle

Department of Veterans Services; Veterans Skills Database.  Requires the Virginia Employment Commission, in cooperation with he Department of Veterans Services and the Secretary of Commerce and Trade, to establishes the Veterans Skills Database an Internet-accessible database of veterans and their workforce skills, for the purpose of marketing and promoting the workforce skills of veterans to potential employers. The database will be free to both veterans and employers.

A BILL to amend the Code of Virginia by adding a section numbered 60.2-113.1, relating to the Virginia Employment Commission; database of veterans’ workforce skills.

10104758D

H.B. 761 Workers' Compensation Commission; filing materials by electronic transmission.

Patron: Marshall, D.W.

Workers' Compensation Commission filings. Expands the options for filing materials with the Workers' Compensation Commission to include means of electronic transmission that have been approved by the Commission. SB 610 is identical.

A BILL to amend and reenact § 65.2-101 of the Code of Virginia, relating to filings with the Workers' Compensation Commission.

10101478D

H.B. 787 Offshore energy resources; production & development permitted 50 miles off Atlantic shoreline.

Patron: Villanueva

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, taking into account the impact on affected localities, armed forces, and the mid-Atlantic regional spaceport. 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.

10102366D

H.B. 800 Life and annuities licenses; removes certain requirement for nonresident insurance agent.

Patron: Plum

Insurance; life and annuities licenses.  Removes the requirement that a nonresident insurance agent obtain a life and annuities license from the State Corporation Commission's Bureau of Insurance as a condition to obtaining a variable contract license.  The existing requirement applies even if the nonresident agent does not plan to sell non-variable life or annuities products. The measure also updates an obsolete reference to the examination licensees are required to pass.

A BILL to amend and reenact §§ 38.2-1815, 38.2-1825, and 38.2-1869 of the Code of Virginia, relating to nonresident insurance agents; licensing requirements.

10100738D

H.B. 807 Workers' compensation; insurance carriers to file proof of coverage within 30 days of inception.

Patron: Poindexter

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. SB 597 is identical.

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

10101481D

H.B. 1230 Underground Utility Damage Prevention Act; sewer laterals.

Patron: Ware, R.L.

Underground Utility Damage Prevention Act; sewer laterals.  Establishes a set of requirements for the protection of sewer system laterals and private sewer laterals that are unique from the general requirements of the Underground Utility Damage Prevention Act. The measure also establishes procedures to address recurring noncompliance with the provisions of the Act by localities and other political subdivisions of the Commonwealth. The measure will become effective on January 1, 2011.

A BILL to amend and reenact §§ 56-265.15 and 56-265.32 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-265.19:1, relating to the Underground Utility Damage Prevention Act; sewer laterals.

10103880D

H.B. 1263 Dentists and oral surgeons; reimbursement for certain services.

Patron: Ware, R.L.

Dental plans; reimbursement for health care services.  Prohibits a contract between a dental plan and a dentist or oral surgeon from establishing the fee or rate that the dentist or oral surgeon is required to accept for the provision of health care services, or from requiring that a dentist or oral surgeon accept the reimbursement paid by the dental plan as payment in full, unless the services are covered services under the dental plan. The measure applies to contracts entered into, amended, extended, or renewed on or after July 1, 2010. The State Corporation Commission does not have jurisdiction to adjudicate individual controversies arising out of this measure. SB 622 is identical.

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 in Article 1 of Chapter 34 of Title 38.2 a section numbered 38.2-3407.17, relating to limitations by a dental plan on reimbursements for certain services provided by dentists and oral surgeons.

10104728D