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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 8, 2010
Time and Place: 1/2 hour after adjournment/ Senate Room B
Please note addition of SB739

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. 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. 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. 737 E-Verify Program; requires state agencies and those newly hired to perform work in State.

Patron: Albo

E-Verify Program. Requires agencies of the Commonwealth and localities to enroll in the E-Verify Program by December 1, 2010, and to use the Program for each newly hired employee who is to perform work within the Commonwealth.

A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 40.1 a section numbered 40.1-11.2, relating to participation in E-Verify program.

10105384D

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. 1041 Workforce Council; reduces membership, Executive Committee shall review & recommend grant proposals.

Patron: Byron

Virginia Workforce Council.  Replaces the Secretary of Education with the Secretary of Technology on the Virginia Workforce Council and reduces the number of gubernatorial citizen appointees from 15 to 14. The measure also provides that the Chancellor of the Virginia Community College System shall provide subordinate staff support to the Council. The Executive Committee of the Council is directed to review and make recommendations on grant proposals. The Council is required to prepare a report detailing reforms necessary to ensure that Council resources and services will aid in the achievement of measurable improvements in identified areas, implementation of a Work Ready Community Certification program pilot project, and increases in the number of private and nonprofit training vendors. The Council is further directed to create a Military Transition Assistance Committee.

A BILL to amend and reenact § 2.2-2669 of the Code of Virginia, relating to the Virginia Workforce Council.

10105251D

H.B. 1043 Chief Workforce Development Officer; responsibilities.

Patron: Byron

Responsibilities of the Chief Workforce Development Officer. Amends certain workforce development and training program evaluation reporting requirements to avoid redundancy. The bill requires the Governor to submit annual workforce development and training program evaluations to the chairs of the House and Senate Commerce and Labor Committees and to include these in the biennial reports.

A BILL to amend and reenact § 2.2-435.7 of the Code of Virginia, relating to the responsibilities of the Chief Workforce Development Officer.

10103877D

H.B. 1095 Individual health insurance coverage; sets parameters of period an individual is not covered.

Patron: Sickles

Individual health insurance coverage; COBRA period.  Sets the parameters of the period an individual is not covered by health insurance as beginning the day after an individual’s termination of coverage and ending when an application for coverage is submitted. When an application is submitted by mail, the date of the postmark is the date the application is submitted.

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

10102782D

H.B. 1105 Business entities; statement of change of registered agent, etc., may be filed electronically.

Patron: Joannou

Business entities; registered agents and offices.  Provides that a statement of change of a business entity's registered agent, registered office, or both, may be filed electronically with the office of the clerk of the State Corporation Commission. The measure also provides that a registered agent may mail a copy of a statement of change or a statement of resignation to the business entity on or before the business day following the day on which such statement is filed with the clerk's office. Currently, a statement of change or resignation is required to include a statement that it has been mailed to the business entity, which does not accommodate their electronic filing. The measure also eliminates variances in terminology in parallel sections that address changes of registered offices and registered agents of stock and nonstock corporations, limited liability companies, business trusts, limited partnerships, and registered limited liability partnerships.

A BILL to amend and reenact §§ 13.1-635, 13.1-636, 13.1-764, 13.1-765, 13.1-834, 13.1-835, 13.1-926, 13.1-927, 13.1-1016, 13.1-1017, 13.1-1221, 13.1-1222, 50-73.6, and 50-73.135 of the Code of Virginia, relating to business entities; registered office and registered agent.

10101167D

H.B. 1246 Public utilities; limits disclosure requirement for any officer or director.

Patron: Hugo

Officers and directors of public utilities; required disclosure.  Limits the disclosure requirement for any officer or director of a public utility with an ownership value of more than five percent or $50,000 in a contractor or subcontractor hired by the utility on a construction, engineering, or equipment contract or subcontract with a value or more than $750,000 to a utility that has its rates, tolls, charges, or schedules set by the Commission based on the public utility’s cost of providing service. The disclosure requirement currently applies to all utilities.

A BILL to amend and reenact § 56-234.5 of the Code of Virginia, relating to disclosure by certain officers and directors of certain utilities.

10103909D

H.B. 1249 Health Spa Act; clarifies by instituting usage of term facility where services are offered.

Patron: Knight

Virginia Health Spa Act.  Clarifies provisions of the Virginia Health Spa Act by instituting consistent usage of the term "facility" for the location where health spa services are offered, and the term "health spa" for the person selling memberships. The measure also requires that refunds by a health spa to a buyer be issued within 30 days after receipt of a notice of cancellation or the permanent closing of the buyer's facility.

A BILL to amend and reenact §§ 59.1-296 through 59.1-296.2:1, 59.1-297 through 59.1-298, and 59.1-306 of the Code of Virginia, relating to the Virginia Health Spa Act.

10100789D

H.B. 1265 Professional corporations; includes interior designers in types of organizations managed by board.

Patron: Carr

Professional corporations; board of directors.  Includes interior designers in the types of professional organizations managed by a board of directors. The bill allows nonlicensed employee-directors to serve on the board of directors of a professional organization, provided they do not make up more than one-third of all of the members of the board of directors.

A BILL to amend and reenact § 13.1-553 of the Code of Virginia, relating to professional corporations; board of directors.

10103736D

H.B. 1326 Workers' compensation; medical services.

Patron: Merricks

Workers' compensation; medical services.  Provides that a health care provider rendering medical services outside Virginia to an injured worker whose claim and injuries have been accepted as compensable under the Virginia Workers' Compensation Act shall be reimbursed for authorized, reasonable and necessary medical treatment in an amount equal to the workers' compensation fee schedule, if any, adopted by that state. If the other state does not have a fee schedule, the provider will be reimbursed based on the charges prevailing in the same community for similar treatment when the treatment is paid for by the injured person. The measure also directs the Workers' Compensation Commission to appoint a task force to develop recommendations relating to reductions or discounts for multiple surgical procedures performed during a single operative session, liability for the costs of assistants-at-surgery, and whether prompt payment to medical providers should be required. The Commission shall develop regulations addressing these issues by November 30, 2011.

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

10105306D

H.B. 1350 Post-Disaster Anti-Price Gouging Act; time of disaster.

Patron: Peace

Virginia Post-Disaster Anti-Price Gouging Act. Shortens the potential duration of the period during which the requirements of the Virginia Post-Disaster Anti-Price Gouging Act are in effect from 30 days after the occurrence of a disaster or a renewal or extension of a state of emergency to 10 days after such events. However, if the state of emergency is extended or renewed for longer than 10 days, the longer period will apply. The measure does not limit or restrict an Executive Order declaring a state of emergency, including waivers issued by state agencies to carriers of essential commodities.

A BILL to amend and reenact § 59.1-526 of the Code of Virginia, relating to the Virginia Post-Disaster Anti-Price Gouging Act; time of disaster.

10105136D

H.B. 1354 Uninsured motorist insurance; coverage for nonresident motor vehicle insured in another state.

Patron: Cline

Uninsured motorist insurance coverage. Provides that a nonresident motor vehicle that is insured under a motor vehicle liability insurance policy issued in another state with coverage limits that are less than those required for Virginia-registered motor vehicles shall not be deemed to be an uninsured vehicle, although it may be underinsured. The measure also provides that a vehicle is underinsured when, and to the extent that, coverage available for payment from all liability insurance sources for bodily injury and property damage is less than the coverage afforded an injured person.

A BILL to amend and reenact § 38.2-2206 of the Code of Virginia, relating to uninsured motorist insurance coverage.

10104284D

H.B. 1375 Prescription drugs; denial of benefits for certain drugs prohibited.

Patron: Garrett

Denial of benefits for certain prescription drugs prohibited. Replaces obsolete publications from the list of standard reference compendia with existing approved publications.

A BILL  to amend and reenact § 38.2-3407.5 of the Code of Virginia, relating to the denial of benefits for certain prescription drugs prohibited.

10104554D

H.B. 1377 Health services plan; hearings and investigations on effect of other state's law.

Patron: Sickles

Health services plan; program for residents of other state.  Provides that, if another state enacts a law that requires a nonprofit health service plan operating in Virginia to provide a specified program for residents of the other state, the State Corporation Commission (SCC) may hold a hearing to evaluate the impact of the law on the health services plan. The SCC shall direct the Commissioner of Insurance to conduct an examination of the health services plan. The measure authorizes the SCC to issue orders to protect residents of the Commonwealth.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 42 of Title 38.2 a section numbered 38.2-4229.2, relating to health services plans; effect of law of another state.

10104877D

S.B. 739 Governor's Development Opportunity Fund; Virginia Economic Development Incentive Grants.

Patrons: Stosch, Whipple

Governor's Development Opportunity Fund; Virginia Economic Development Incentive Grants.

A BILL to amend and reenact §§ 2.2-115 and 2.2-5102.1 of the Code of Virginia, relating to economic development incentives.

10105908D