Virginia Commerce and Labor (S02) Committee Docket — 2020-02-09

Summary

Docket for the Virginia Commerce and Labor (S02) Committee dated 2020-02-09, in the 2020 Regular session, with Richard L. Saslaw (D) as chair and staff Autumn Green and Thomas Stevens. It lists Senate bills with patrons and summaries, beginning with SB33 by Surovell, which would bar licensing a consumer finance company that also makes payday or motor vehicle title loans at the same location and set loan amounts between $500 and $35,000. Other items include SB78 on the minimum wage, SB804 on employees providing domestic service, several electric utility bills, and health insurance bills ending with SB1047 by Deeds on narrow network plans.

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TITLE: Virginia Commerce and Labor (S02) Committee Docket — 2020-02-09
DATE: 2020-02-09T00:00:00
SESSION: 2020 Regular (20201)
CHAMBER: Senate

COMMITTEE MEMBERS:
  - Richard L. Saslaw (D) Chair

STAFF: Autumn Green, Thomas Stevens

DOCKET / AGENDA:

[Senate Bills in Committee]
  999. SB33 - Consumer finance companies; loans, licensing.
       Patron(s): Surovell
       Summary: Consumer finance companies. Requires the State Corporation Commission, as a condition of licensing a consumer finance company, to find that the applicant will not make consumer finance loans at the same location at which the applicant makes payday loans or motor vehicle title loans. The measure also (i) sets the minimum and maximum amounts of a consumer finance loan at $500 and $35,000, respectively; (ii) requires that such loans be installment loans with a term that is not less than six months nor more than 120 months; (iii) sets the maximum annual interest rate on such loans at 36 percent; (
  999. SB78 - Minimum wage; pay based on work done.
       Patron(s): Howell
       Summary: Minimum wage; pay based on work done. Eliminates the exemption to Virginia's minimum wage requirements for persons who normally work and are paid based on the amount of work done.
  999. SB172 - Health insurance; definitions, payment to out-of-network providers, emergency services.
       Patron(s): Favola
       Summary: Health insurance; payment to out-of-network providers. Provides that when an enrollee receives emergency services from an out-of-network health care provider or receives out-of-network surgical or ancillary services at an in-network facility, the enrollee is not required to pay the out-of-network provider any amount other than the applicable cost-sharing requirement and such cost-sharing requirement cannot exceed the cost-sharing requirement that would apply if the services were provided in-network. The measure also provides that the health carrier's required payment to the out-of-network prov
  999. SB201 - Virginia Telephone Privacy Protection Act; telephone solicitation calls.
       Patron(s): Lucas
       Summary: Virginia Telephone Privacy Protection Act. Provides that for the purposes of the Virginia Telephone Privacy Act (the Act), "telephone solicitation call" includes any text message sent to any wireless telephone with a Virginia area code, or to a wireless telephone registered to any natural person who is a resident of the Commonwealth, for the purpose of offering or advertising any property, goods, or services for sale, lease, license, or investment, including offering or advertising an extension of credit. The bill prohibits a telephone solicitor from engaging in any conduct that results in the
  999. SB250 - Medicare; supplement policies for certain individuals under age 65.
       Patron(s): Edwards
       Summary: Medicare supplement policies for certain individuals under age 65. Requires each insurer issuing Medicare supplement policies or certificates in the Commonwealth to offer the opportunity of enrolling in at least one of its issued Medicare supplement policies or certificates to any individual under age 65 who resides in the Commonwealth, is enrolled in Medicare Part A and B, and is eligible for Medicare by reason of disability. The provisions of the measure are applicable to health plans and health maintenance organizations.
  999. SB274 - Motion picture theaters; required open-captioned showings.
       Patron(s): Barker
       Summary: Motion picture theaters; required open-captioned showings. Requires any motion picture theater that has four or more separate auditoriums to provide two scheduled showings of a motion picture that engages open captions for a particular showing of an open-captioned-available motion picture each week in any auditorium showing any open-captioned-available motion picture. The measure requires one showing in each auditorium to be during peak weekend motion picture attendance hours, and at least half of the other open-captioned showings to be during peak weekday motion picture attendance hours. If a
  999. SB280 - Health insurance; mental health parity, required report.
       Patron(s): Barker
       Summary: Health insurance; mental health parity; required report. Codifies an existing requirement that the State Corporation Commission's Bureau of Insurance make an annual report regarding claims information for mental health and substance use disorder benefits. The bill adds information regarding network adequacy to such report and requires the Bureau to submit the report to the House Committee on Labor and Commerce and the Senate Committee on Commerce and Labor by September 1 of each year. The bill directs the Joint Legislative Audit and Review Commission (JLARC) to conduct a third-party review of
  999. SB354 - Electric utility regulation; energy efficiency standard.
       Patron(s): Bell
       Summary: Electric utility regulation; energy efficiency standard. Requires Dominion Energy Virginia (DEV) and American Electric Power (AEP) to achieve incremental net annual savings in accordance with a schedule that starts in 2021, when savings are required to be at least 0.35 percent of the average annual energy retail sales by that utility in the three preceding calendar years, and increases the level of required savings until 2027 and thereafter, when savings are required to be at least two percent of the utility's average annual energy retail sales in the three preceding calendar years. The measur
  999. SB376 - Electric utilities; retail competition, renewable energy.
       Patron(s): Suetterlein, Bell
       Summary: Electric utilities; retail competition; renewable energy. Allows individual retail customers of an electric utility to purchase electric energy provided 100 percent from renewable energy from any licensed supplier. The measure eliminates (i) provisions that prohibit such a purchase from a licensed supplier that is an incumbent electric utility that is not the incumbent electric utility serving the exclusive service territory in which the customer is located and (ii) a condition that permits such purchases only if the electric utility serving the applicable exclusive service territory does not
  999. SB379 - Electric utilities; retail competition.
       Patron(s): McPike
       Summary: Electric utilities; retail competition. Shortens from five years to three years the period that a customer who switches from an investor-owned electric utility to a licensed competing supplier is barred from returning as a customer of the utility. The measure provides that if a single person purchases electric energy from a licensed supplier and such electric energy is composed of a percentage of renewable energy equal to or greater than the percentage of renewable energy that the licensed supplier is required to provide pursuant to any renewable energy portfolio standard, such person will con
  999. SB426 - Agreements between private employer and labor or organization; fair share fees.
       Patron(s): Saslaw
       Summary: Fair share fees. Authorizes an employer, pursuant to an agreement between the employer and a labor union or labor organization, to require as a condition of employment any employee who is not a member of such labor union or labor organization and is a member of a collective bargaining unit, where the labor union or labor organization is the exclusive representative of the members of the collective bargaining unit, to pay a fair share fee to compensate the labor union or labor organization for the costs of representing the nonmember employee. The bill defines a "fair share fee" as the pro rata
  999. SB427 - Employee protection; discharge for protective order prohibited.
       Patron(s): Saslaw
       Summary: Employee protection; discharge for protective order prohibited. Prohibits an employer from discharging, taking other retaliatory personnel action, or otherwise discriminating against an employee solely on the basis that such employee has filed for or has been issued an emergency protective order or a preliminary protective order against the employer or another employee of such employer. The bill establishes an administrative process for an employee that believes he has been discharged or discriminated against in violation against such prohibition.
  999. SB474 - Health care provider panels; vertically integrated carriers, public hospitals.
       Patron(s): Petersen
       Summary: Health care provider panels; vertically integrated carriers; public hospitals. Requires any vertically integrated carrier to offer to every public hospital participation in each provider panel or network established for each of the vertically integrated carrier's policies, products, and plans, including all policies, products, and plans offered to individuals, employers, and enrollees in state and federal government benefit programs. The measure requires that the offered participation (i) be without any adverse tiering or other financial incentives that may discourage enrollees from utilizing
  999. SB504 - Virginia Energy Plan; covenants regarding solar power, reasonable restrictions.
       Patron(s): Petersen
       Summary: Virginia Energy Plan; covenants regarding solar power; reasonable restrictions. Provides that a restriction on solar energy collection devices is not reasonable if application of the restriction to a particular proposal (i) increases the cost of installation of the solar energy collection device by five percent over the projected cost of the initially proposed installation or (ii) reduces the energy production by the solar energy collection device by 10 percent below the projected energy production of the initially proposed installation. The owner shall provide documentation prepared by an ind
  999. SB522 - Balance billing; emergency and elective services.
       Patron(s): McDougle
       Summary: Balance billing; emergency and elective services. Requires health care facilities and health care providers to determine if providers scheduled to deliver elective services to a covered person are in the network of the covered person's managed care plan. The measure requires that when an elective service provider is determined to be out-of-network, in order for the covered person to assume financial responsibility for the out-of-network provider's charges, the health care facility or provider shall (i) inform the covered person of the out-of-network status of the provider, (ii) provide the cov
  999. SB542 - Securities Act; equity crowdfunding exemption.
       Patron(s): Edwards
       Summary: Securities Act; crowdfunding exemption. Repeals the sunset provision on the existing measure that authorizes the State Corporation Commission to adopt an exemption for limited offerings of securities by small and startup companies, known as equity crowdfunding, from the registration provisions of the Securities Act. These crowdfunding provisions, which were enacted in 2015, are currently scheduled to expire on July 1, 2020. The measure also broadens the existing exemption to apply to offerings conducted in accordance with Rule 147A adopted by the U.S. Securities and Exchange Commission (SEC).
  999. SB567 - Disability insurance; coverage for disability arising out of childbirth, report.
       Patron(s): Dunnavant
       Summary: Disability insurance; childbirth. Requires each insurer proposing to issue individual or group accident and sickness insurance policies providing short-term disability income protection coverage whose policies provide coverage for short-term disability arising out of childbirth to provide coverage for a payable benefit of at least 12 weeks following childbirth for such a disability. The bill also requires the State Corporation Commission to solicit comments from insurance industry stakeholders on the impact of the bill on current and future short-term disability policyholders and to report to
  999. SB665 - Electronic Identity Management Act; definitions, federated digital identity systems.
       Patron(s): Boysko
       Summary: Electronic Identity Management Act; federated digital identity systems. Amends the Electronic Identity Management Act to accommodate federated digital identity systems. A federated digital identity system (federation) is defined in the measure as a digital identity system that uses federated identity management to enable the portability of identity information across otherwise autonomous security domains. Federated identity management is defined in the measure as a process that allows the conveyance of identity credentials and authentication information across digital identity systems through
  999. SB718 - Health insurance; interhospital transfer for newborn or mother.
       Patron(s): McClellan
       Summary: Health insurance; interhospital transfer for newborn or mother. Prohibits health insurers from requiring prior authorization for the interhospital transfer of (i) a newborn infant experiencing a life-threatening emergency condition or (ii) the hospitalized mother of such newborn infant to accompany the infant.
  999. SB720 - PSAP dispatchers; definitions, telecommunicator cardiopulmonary resuscitation, EMD program.
       Patron(s): McClellan
       Summary: E-911 dispatchers; training in telecommunicator cardiopulmonary resuscitation and emergency medical dispatch. Requires each public safety answering point (PSAP) to provide training and equipment for each of its dispatchers in high-quality telecommunicator cardiopulmonary resuscitation (TCPR) instruction, which is defined in the measure as the delivery by trained 911 telecommunicators of high-quality cardiopulmonary resuscitation instruction for acute events requiring cardiopulmonary resuscitation, including out-of-hospital cardiac arrests. The measure (i) requires the State Board of Health to
  999. SB765 - Health insurance; provider contracts, business practices, adverse changes, penalties.
       Patron(s): Barker
       Summary: Health insurance; provider contracts; business practices; penalties. Prohibits a carrier from unilaterally amending a provider contract or any material provision, addenda, schedule, exhibit, or policy thereto, as it relates to any material provision that was agreed to or accepted by the provider in the previous 12-month period. The measure requires such an amendment to be agreed to by the provider in a signed written amendment to the provider contract. The measure defines a material provision of a provider contract as any policy manual, coverage guideline, edit, multiple procedure logic, or au
  999. SB766 - Health care; explanation of benefits, sensitive health care services.
       Patron(s): Barker
       Summary: Health care services; explanation of benefits. Authorizes the State Corporation Commission to adopt regulations that establish alternative methods of delivery of the explanation of benefits, provided that such alternative method is in compliance with the provisions of federal regulations regarding the right to request privacy protection for protected health information. This bill is identical to HB 807.
  999. SB767 - Health insurance; payment to out-of-network providers.
       Patron(s): Barker
       Summary: Health insurance; payment to out-of-network providers. Provides that when a covered person receives covered emergency services from an out-of-network health care provider or receives out-of-network services at an in-network facility, the covered person is not required to pay the out-of-network provider any amount other than the applicable cost-sharing requirement. The measure also establishes a standard for calculating the health carrier's required payment to the out-of-network provider of the services, which standard is the lower of the market-based value for the service or 125 percent of the
  999. SB785 - Mortgage loan originators; exempts retailers of manufactured or modular homes, etc.
       Patron(s): Lewis
       Summary: Mortgage loan originators; exemption. Exempts retailers of manufactured or modular homes and employees of such retailers from the licensing and other requirements applicable to mortgage loan originators. The exemption applies if the retailer or employee (i) does not receive compensation or gain for engaging in certain activities that exceeds any compensation or gain received in a comparable cash transaction; (ii) makes certain disclosures; and (iii) does not directly negotiate loan terms with the consumer or lender.
  999. SB804 - Employees providing domestic service; definitions, report.
       Patron(s): McClellan
       Summary: Virginia Minimum Wage Act; domestic service. Eliminates the exclusion in the Virginia Minimum Wage Act for persons employed in domestic service. The bill requires the Secretary of Commerce and Trade to convene a work group consisting of representatives from the Department of Labor and Industry, the Virginia Employment Commission, the Workers' Compensation Commission, organizations representing domestic workers, and such other stakeholders as the Secretary of Commerce and Trade deems appropriate to make recommendations, including any necessary statutory and regulatory changes, with regard to pr
  999. SB812 - Virginia Telephone Privacy Protection Act; telephone solicitation calls.
       Patron(s): Morrissey
       Summary: Virginia Telephone Privacy Protection Act. Provides that for the purposes of the Virginia Telephone Privacy Act (the Act), "telephone solicitation call" includes any text message sent to any wireless telephone with a Virginia area code, or to a wireless telephone registered to any natural person who is a resident of the Commonwealth, for the purpose of offering or advertising any property, goods, or services for sale, lease, license, or investment, including offering or advertising an extension of credit or for the purpose of fraudulent activity. The bill prohibits a telephone solicitor from e
  999. SB822 - Telephone privacy protection; solicitor to immediately disclose who is calling, etc.
       Patron(s): Morrissey
       Summary: Telephone privacy protection. Requires a telephone solicitor to immediately disclose who is calling and what property, good, or service is being offered. The measure also prohibits caller ID spoofing, which is defined in the measure as causing any caller identification service to transmit caller identification information that represents or states that the call originates from a telephone with an area code assigned to an area in the Commonwealth or from a location in the Commonwealth if the person on whose behalf the telephone solicitation call is being made does not conduct business from a lo
  999. SB846 - Organ, eye, or tissue transplantation; discrimination prohibited.
       Patron(s): Pillion
       Summary: Organ, eye, or tissue transplantation; discrimination prohibited. Provides that an individual who is a candidate to receive an anatomical gift for organ, eye, or tissue transplantation and who is otherwise eligible to receive such gift shall not be deemed ineligible to receive an anatomical gift or denied services related to organ, eye, or tissue transplantation solely because of his physical, intellectual, developmental, or other disability. The bill also prohibits each insurer proposing to issue individual or group accident and sickness insurance policies providing hospital, medical and surg
  999. SB851 - Electric utility regulation; environmental goals.
       Patron(s): McClellan
       Summary: Virginia Clean Economy Act. Establishes a schedule by which Dominion Energy Virginia and American Electric Power are required to retire electric generating units located in the Commonwealth that emit carbon as a by-product of combusting fuel to generate electricity and by which they are required to construct, acquire, or enter into agreements to purchase generating capacity located in the Commonwealth using energy derived from sunlight or onshore wind. The measure replaces the existing voluntary renewable energy portfolio standard program (RPS Program) with a mandatory RPS Program. Under the m
  999. SB855 - Financial institutions; small loans, penalty.
       Patron(s): Lewis
       Summary: Financial institutions; small loans; penalty. Prohibits any person from making a small loan unless such person is licensed by the State Corporation Commission. The bill defines "small loan" as an unsecured loan or credit of $5,000 or less extended to a borrower for a personal, family, household, or other noncommercial purpose pursuant to a small loan agreement. The bill also prohibits any person from engaging in the business of arranging or brokering small loans for any consumer residing in the Commonwealth without registering with the Commission. Under the provisions of the bill, a licensee m
  999. SB860 - Electric utilities; offshore wind development.
       Patron(s): Mason
       Summary: Electric utilities; offshore wind development. Provides that the construction or purchase by a public utility of one or more offshore wind generation facilities located off the Commonwealth's Atlantic shoreline or in federal waters and interconnected directly into the Commonwealth, with an aggregate capacity of up to 5,200 megawatts, is in the public interest. The measure provides that construction by Dominion Energy Virginia of one or more new utility-owned and utility-operated generating facilities utilizing energy derived from offshore wind and located off the Commonwealth's Atlantic shorel
  999. SB867 - Health care provider panels; vertically integrated carriers, providers.
       Patron(s): Petersen
       Summary: Health care provider panels; vertically integrated carriers; providers. Requires any vertically integrated carrier to offer participation in each provider panel or network established for each of the vertically integrated carrier's policies, products, and plans, including all policies, products, and plans offered to individuals, employers, and enrollees in state and federal government benefit programs, to every provider in the Commonwealth under the same terms and conditions that apply to providers under common control with the vertically integrated carrier. The measure requires that the offer
  999. SB894 - Misclassification of workers; cause of action.
       Patron(s): Saslaw
       Summary: Misclassification of workers; cause of action. Authorizes an individual who has not been properly classified as an employee to bring a civil action for damages against his employer for failing to properly classify the employee if the employer had knowledge of the individual's misclassification. The court may award damages in the amount of any wages, salary, employment benefits, including expenses incurred by the employee that would otherwise have been covered by insurance, or other compensation lost to the individual, a reasonable attorney fee, and the costs incurred by the employee in bringin
  999. SB912 - Electric utilities; retail competition, renewable energy.
       Patron(s): Bell
       Summary: Electric utilities; retail competition; renewable energy. Allows individual retail customers of an electric utility to purchase electric energy provided 100 percent from renewable energy from any licensed supplier. The measure eliminates (i) provisions that prohibit such a purchase from a licensed supplier that is an incumbent electric utility that is not the incumbent electric utility serving the exclusive service territory in which the customer is located and (ii) a condition that permits such purchases only if the electric utility serving the applicable exclusive service territory does not
  999. SB952 - High-nicotine vapor products; specialty retail facility, penalty.
       Patron(s): Marsden
       Summary: High-nicotine vapor products; specialty retail facility; penalty. Prohibits the sale of nicotine vapor products that contain more than 20 milligrams of nicotine per milliliter at retail except at a retail facility that generates at least 50 percent of its revenue from the sale of tobacco products; nicotine vapor products, including liquid nicotine; and alternative nicotine products. The bill provides that any person who violates this prohibition is guilty of a Class 4 misdemeanor.
  999. SB953 - Virginia Wireless Service Authority Act; appointments to board.
       Patron(s): Edwards
       Summary: Virginia Wireless Service Authority Act; appointments to board. Provides that a board established under the Virginia Wireless Service Authority Act may contain either five or seven members, rather than five members as required under current law. This bill is identical to HB 1376.
  999. SB966 - Flavored nicotine vapor product; prohibition, penalty.
       Patron(s): Ebbin, Hashmi
       Summary: Flavored nicotine vapor product; prohibition; penalty. Prohibits the sale or distribution at retail of a flavored nicotine product. The bill provides that any person who violates this prohibition is guilty of a Class 4 misdemeanor.
  999. SB988 - Electric utilities; electric school bus projects.
       Patron(s): Lucas
       Summary: Electric utilities; electric school bus projects. Authorizes Dominion Energy Virginia to implement projects designed to encourage the proliferation of school buses that are fueled in whole or in part by electricity, along with associated charging and other infrastructure, for the purpose of transporting students and that may also serve as electric grid stabilization or peak shaving resources. Under an electric school bus project, Dominion Energy Virginia may (i) purchase, own, manage, or control electric school buses, along with associated charging or other infrastructure; (ii) enter into thir
  999. SB998 - Electric utilities; offshore wind development.
       Patron(s): Lucas
       Summary: Electric utilities; offshore wind development. Provides that the construction or purchase by a public utility of one or more offshore wind generation facilities located off the Commonwealth's Atlantic shoreline or in federal waters and interconnected directly into the Commonwealth, with an aggregate capacity of up to 5,200 megawatts, is in the public interest. The measure provides that construction by Dominion Energy Virginia of one or more new utility-owned and utility-operated generating facilities utilizing energy derived from offshore wind and located off the Commonwealth's Atlantic shorel
  999. SB1031 - Health insurance; coverage for autism spectrum disorder, individual and small group markets, etc.
       Patron(s): Barker
       Summary: Health insurance; coverage for autism spectrum disorder. Requires health insurers, corporations providing health care subscription plans, and health maintenance organizations to provide coverage for the diagnosis and treatment of autism spectrum disorder under insurance policies, subscription contracts, or health care plans issued in the individual market or small group markets. The existing requirement that such coverage be provided for policies, contracts, or plans issued in the large group market is not affected. The provision applies with respect to insurance policies, subscription contrac
  999. SB1047 - Health insurance; narrow network plans.
       Patron(s): Deeds
       Summary: Health insurance; narrow network plans. Prohibits a health carrier from offering more than one narrow network plan, as defined in the bill, in a geographic region if any two narrow network plans offered by the health carrier would have the two lowest monthly premiums of any silver-level plans offered by the health carrier in the geographic region.

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