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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: March 1, 2010
Time and Place: 1/2 hour after adjournment/Senate Room B

H.B. 10 Health Care Freedom Act; individual's right and power to participate in health care system, etc.

Patron: Marshall, R.G.

Health insurance; Virginia Health Care Freedom Act. States that no law shall restrict an individual's right and power to choose private health care systems or private plans. The measure states that no law will infringe on an individual's right to pay for lawful medical services. The bill further states that no law shall impose a penalty, tax, or fine upon an individual who declines to contract for health care coverage or to participate in a health care system or plan, except as required by a court in a judicial dispute to which the individual is a named party. The measure does not apply to individuals seeking voluntary coverage under a state-administered Medicare or Medicaid program. HB 576 and HB 722 are incorporated.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-302.1, relating to a person's participation in a health care system or plan; Virginia Health Care Freedom Act.

10104740D

H.B. 88 Electric utility service; cooperative to install & operate prepaid metering equipment upon request.

Patron: Kilgore

Prepaid electric utility service. Authorizes electric cooperatives to install and operate a prepaid metering equipment and system upon a customer's request. The equipment and system will terminate electric service immediately and automatically when the customer has incurred charges for electric service equal to the amount prepaid by the customer. Such service would be exempt from existing requirements that a utility provide one billing cycle before initiating a proceeding for a residential customer's nonpayment for local service, pay interest on deposits, return deposits after one year of satisfactory credit, give 10 days' notice prior to terminating service, and not terminate a customer's residential service for payment of basic nonresidential service. Tariffs shall be filed with the State Corporation commission for review and determination that the tariff is not contrary to the public interest.

A BILL to amend and reenact § 56-247.1 of the Code of Virginia, relating to prepaid electric service.

10101148D

H.B. 92 Renewable energy certificates; tariff filed by cooperative for electric energy.

Patron: Kilgore

Electric cooperatives; renewable energy certificates.  Provides that an electric cooperative is deemed to offer an approved tariff for electric energy provided 100 percent from renewable energy if it bundles its electricity with renewable energy certificates. Currently, an individual retail electricity customer may purchase electric energy provided 100 percent from renewable energy from any licensed competitive supplier of electricity if the customer's incumbent electric utility does not offer electricity provided 100 percent from renewable energy. A renewable energy certificate is a tradable commodity issued by a regional transmission entity, including its affiliate or successor, that validates the generation of electricity from renewable energy sources.

A BILL to amend and reenact §§ 56-576 and 56-577 of the Code of Virginia, relating to tariffs for electric service from renewable energy.

10101122D

H.B. 204 Customer telecommunications services; authorization and verification for products on telephone bill.

Patron: Alexander

Unauthorized addition of telecommunications services.  Prohibits a telephone service provider or billing agent from willfully adding products, goods, or services not authorized by any customer, and charging or attempt to collect charges from any customer for any such products, goods, or services without the customer's authorization. A customer will not be liable for charges through a billing carrier by a service provider or a billing agent without the customer's authorization. The measure requires service providers and billing agents to obtain written, oral, or electronic verification of a customer's authorization before submitting charges for products, goods, or services to the billing carrier.

A BILL to amend the Code of Virginia by adding a section numbered 56-479.3, relating to adding telecommunications services that are not authorized by the customer.

10104760D

H.B. 315 Health insurance; continuation of group health coverage upon termination of eligibility.

Patron: McClellan

Health insurance; continuation of coverage under group policy. Expands the ability of a person who becomes ineligible for coverage under a group health insurance policy to exercise the option to continue coverage under the group policy. The measure extends (i) the maximum length of continued coverage from 90 days to 12 months; (ii) allows premiums to be paid monthly; and (iii) requires the policyholder to inform the persons insured under the group policy of the option. The notice shall be provided within 14 days of the policyholder's knowledge of the covered person's loss of eligibility under the group policy. The measure also retains the policyholder's option to have the issuer issue an individual policy to the covered person who loses eligibility, and the maximum period for applying for such a policy is extended from 31 to 60 days after loss of eligibility.

A BILL to amend and reenact § 38.2-3541 of the Code of Virginia, relating to conversion or continuation of group health coverage upon termination of eligibility.

10105048D

H.B. 317 Group health insurance; enrollment opportunities.

Patron: McClellan

Group health insurance; enrollment opportunities. Requires a group health insurance plan to offer enrollment opportunities for employees and dependents who are eligible for coverage under, but not enrolled in, the plan upon their (i) losing eligibility for coverage under the Commonwealth's Medicaid or FAMIS program or (ii) becoming eligible for premium assistance under either program. In order to enroll, the employee or dependent must request coverage within 60 days of being terminated from coverage under the state program or 60 days of becoming eligible for premium assistance. Employers providing such group plans are required to notify employees of their potential eligibility for premium assistance under these state programs and to disclose to the Department of Medical Assistance Services, upon request, information to permit the Department to determine the cost-effectiveness of any premium assistance provided. The measure implements certain provisions of the federal Children's Health Insurance Program Reauthorization Act of 2009.

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 38.2-3541.2, relating to enrollment in a group health insurance plan upon change in eligibility status under certain assistance programs; notices and disclosures.

10104706D

H.B. 386 Deposits; removes stated maturity date.

Patron: Janis

Deposits; limitations period.  Removes the stated maturity date of a deposit as an event that triggers the start of the limitations period on actions to enforce the obligations of a financial institution to pay a deposit account or certificate of deposit. Under existing law, such an action is time barred if not brought within six years after the earliest of such maturity date or the due date of the deposit as set forth in the bank’s last written notice of renewal, the date of the last written communication from the bank recognizing the bank’s obligation with respect to the deposit, or the last day of the taxable year for which the owner of the deposit last reported interest income earned on the deposit on a federal or state income tax return. This measure also provides that the limitations period trigger relating to the reporting of interest income for federal or state income tax purposes relates to a report made by either the depositor or the bank. Currently, it is triggered only by the depositor's report of interest income on the deposit.

A BILL to amend and reenact § 8.3A-118.1 of the Code of Virginia, relating to negotiable instruments; statute of limitations on deposits.

10101581D

H.B. 389 Virginia Offshore Wind Development Authority; created.

Patron: Janis

Virginia Offshore Wind Project Development Authority. Creates the Virginia Offshore Wind Development Authority to facilitate and support the development of the offshore wind industry and wind-powered electric energy facilities located off the coast of the Commonwealth beyond the Commonwealth's three-mile jurisdictional limit. The Authority is charged with, among other tasks, (i) identifying existing state and regulatory or administrative barriers to the development of the offshore wind industry, (ii) collecting metocean and environmental data, (iii) upgrading port facilities to accommodate the manufacturing and assembly of project components and vessels that will support such projects, and (iv) applying to the U.S. Department of Energy for 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 Development Authority.

10104581D

H.B. 442 Electric utilities; authorizes retail customer to continue purchasing renewable energy.

Patron: Toscano

Electric utilities; renewable energy. Authorizes an electric utility customer to continue purchasing renewable energy pursuant to the terms of a power purchase agreement that was in effect on the date there is filed with the State Corporation Commission a tariff for the incumbent electric utility that serves the exclusive service territory in which the customer is located to offer electric energy provided 100 percent from renewable energy for the duration of the power purchase agreement.

A BILL to amend and reenact § 56-577 of the Code of Virginia, relating to the regulation of electric utilities; purchase of renewable power.

10104455D

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. 550 Unemployment benefits; VEC to negotiate terms of repayment benefits which recipient is not entitled.

Patron: Marshall, D.W.

Repayment of unemployment benefits. Allows the Virginia Employment Commission to negotiate the terms of repayment for benefits to which a recipient is not entitled. The Commission may deduct up to 50 percent of future benefits, to forego collection of the payable amount until the recipient has found employment, or to determine and institute an individualized repayment plan for the recipient. The Commission may reinstitute any other method of collecting an overpayment if the individual fails to enter into or comply with the terms of a repayment plan.

A BILL to amend and reenact § 60.2-633 of the Code of Virginia, relating to persons receiving unemployment benefits to which not entitled; authority of Commission to negotiate terms of repayment.

10103318D

H.B. 699 Uniform Commercial Code; prohibits inclusion in a sales agreement.

Patron: Bulova

Uniform Commercial Code; sales; consequential damages.  Prohibits the inclusion in a sales agreement of a provision that would limit or exclude, as consequential damages, the buyer's ability to recover the costs of repairing or completing work necessitated by defective materials or workmanship.

A BILL to amend and reenact § 8.2-719 of the Code of Virginia, relating to the Uniform Commercial Code; sales; limitations on damages.

10102486D

H.B. 726 Mandated health insurance benefits; Commission to review for medical efficacy.

Patron: Peace

Assessment of existing mandated health insurance benefits.  Requires the Special Advisory Commission on Mandated Health Insurance Benefits to review mandated health insurance benefits to assess their social and financial impact and their medical efficacy. The bill requires the Commission to submit a schedule of evaluations to the standing committees having jurisdiction over health insurance matters. Currently, the standing committees having jurisdiction over health insurance matters provide a mandate evaluation schedule to the Commission.

A BILL to amend and reenact § 2.2-2505 of the Code of Virginia, relating to the assessment of proposed and existing mandated benefits.

10103520D

H.B. 872 Credit Services Businesses Act; business receiving payment before completion of services, exception.

Patron: Cline

Virginia Credit Services Businesses Act.  Authorizes a credit services business to receive payments from a consumer in advance of complete and full performance of the services that the business agreed to perform for or on behalf of the consumer if the consumer has agreed to pay for services during the term of a subscription agreement. A credit service business generally undertakes to improve a consumer's credit record, history, or report or obtain an extension of credit for a consumer.

A BILL to amend and reenact § 59.1-335.5 of the Code of Virginia, relating to practices prohibited under the Virginia Credit Services Businesses Act.

10104934D

H.B. 939 Insurance agents; continuing education program.

Patron: Abbitt

Insurance agents; continuing education program.  Requires that the guidelines governing appeals of actions by the insurance continuing education board allow any person aggrieved by an action of the board or program administrator to appeal a decision to the Bureau of Insurance and then to the State Corporation Commission. Currently only a licensee aggrieved by an action that has the potential to affect the licensee's status has the right to appeal decisions beyond the insurance continuing education board.

A BILL to amend and reenact § 38.2-1874 of the Code of Virginia, relating to the licensing of insurance agents; continuing education program.

10103125D

H.B. 1018 Insurance policies; repeals a provision for countersignature requirements.

Patron: Hugo

Insurance policies; countersignature requirements.  Repeals a provision that prohibits insurance policies from containing any provision that deems the policy to be invalid due to the absence of the signature or countersignature of an agent or company representative.

A BILL to repeal § 38.2-323 of the Code of Virginia, relating to countersignatures on insurance policies.

10103469D

H.B. 1022 RPS program; electric utility to receive triple credit when energy derived from offshore wind.

Patron: Hugo

Renewable energy portfolio standard program.  Provides that an investor-owned electric utility will receive triple credit toward meeting the goals of the renewable energy portfolio standard program for energy derived from offshore wind.

A BILL to amend and reenact § 56-585.2 of the Code of Virginia, relating to the renewable energy portfolio standard program.

10102062D

H.B. 1040 Limited liability companies; SCC to correct its records to eliminate effects of clerical error, etc.

Patron: Byron

Limited liability companies. Authorizes the State Corporation Commission (SCC) to correct its records to eliminate the effects of clerical errors and filings made by a person without authority to act on behalf of a limited liability company. Similar provisions exist in the Code for stock and nonstock corporations. The measure also authorizes the SCC to assess limited liability companies with its annual registration fee in the month it was organized or qualified to transact business. Currently, all limited liability companies are assessed an annual registration fee on July 1, which is due by October 1 to avoid a penalty. The SCC is required to enter an order by August 1, 2010, regarding the schedule for implementing the change in assessment dates. The order may provide for the proration of an assessment or extension of the assessment date, due date, and automatic cancellation date.

A BILL to amend and reenact §§ 13.1-1004, 13.1-1050.2, 13.1-1056.1, and 13.1-1062 of the Code of Virginia and to repeal § 13.1-1063 of the Code of Virginia, relating to limited liability companies; correction of documents; annual registration fees.

10101170D

H.B. 1372 Economic Development Partnership; change title for Executive Director.

Patron: Comstock

Virginia Economic Development Partnership; Executive Director; change of title. Changes the title of the Executive Director of the Virginia Economic Development Partnership to the Chief Executive Officer.

A BILL to amend and reenact §§ 2.2-2233.2, 2.2-2235, 2.2-2236, 2.2-2240, 2.2-2414, 2.2-2423, 10.1-1237, 13.1-985, 15.2-6003, 15.2-6203, and 33.1-221.1:1 of the Code of Virginia, relating to the Virginia Economic Development Partnership; Executive Director; change of title.

10104497D