Delegate Roxann Robinson’s 2019 Legislation Status Report

HB 1652 School calendar; opening day of the school year.  (Robinson-R-27)

Requires each local school board to set the school calendar so that the first day students are required to attend school is no earlier than 14 days before Labor Day unless the Board of Education waives such requirement for good cause. Under current law, each local school board is required to set the school calendar so that the first day students are required to attend school is after Labor Day unless the Board of Education waives such requirement for good cause. The bill provides that in each school division in which the school board sets the school calendar so that the first day students are required to attend school is before Labor Day, such school board shall close each school in the school division from the Friday immediately preceding Labor Day through Labor Day. The bill exempts from certain requirements certain school boards that were previously granted good cause waivers by the Board of Education.

Status: Passed the House (81-Y, 15-N).  Passed the Senate with substitute (30-Y, 10-N). House adopted the Senate substitute (77-Y, 19-N). Governor's action deadline midnight, March 26, 2019.

HB 1735 Commission on Student Behavioral Health created.  (Robinson-R-27)

Establishes the Commission on Student Behavioral Health as a legislative branch commission. The purpose of the Commission shall be to assess the efficacy of developing and implementing a statewide behavioral health and suicide prevention hotline that students may use to report threats of violence or receive real-time counseling services; review the current school counselor-to-student ratio, and whether the realignment of counseling responsibilities proposed by the House Select Committee on School Safety is improving schools' ability to provide counseling services to students; review the current roles and responsibilities of school nurses, psychologists, and social workers in schools and determine whether a realignment of responsibilities could improve or streamline behavioral health services offered to students; evaluate the efficacy and costs of providing enhanced behavioral health services in schools delivered through partnerships established between school divisions and local departments of social services and community services boards; assess the effectiveness of de-escalation and other alternative disciplinary policies when interacting with students suffering from  behavioral health challenges; examine the value of additional teacher training requirements on student behavioral health, such as mental health first aid; and examine other topics related to student behavioral health identified by the Commission. The Commission shall consist of 12 members as follows: seven members of the House of Delegates and five members of the Senate. The Commission may appoint, employ, and remove an executive director and such other persons as it deems necessary and determine their duties and fix their salaries or compensation within the amounts appropriated therefor. The Commission may also employ experts who have special knowledge of the issues before it. All agencies of the Commonwealth shall provide assistance to the Commission, upon request.

Status: Legislation failed in conference.

HB 1972 Virginia College Savings Plan; prepaid tuition contracts, etc.  (Robinson-R-27)

Makes several changes to the provisions that establish the Virginia College Savings Plan (the Plan), including permitting the Plan to maintain an independent disbursement system for the disbursement of prepaid tuition contract benefits and requiring each prepaid tuition contract entered into on or after July 1, 2019, to include provisions for the application of tuition prepayments, at a rate equal to the percentage of enrollment-weighted average tuition at public institutions of higher education to be determined by the board, at public institutions of higher education, accredited nonprofit independent or private institutions of higher education, and non-Virginia public and accredited nonprofit independent or private institutions of higher education, provided that no such payment is less than the sum of tuition prepayments made, less any fees as determined by the board.

Status: Passed the House (99-Y, 0-N). Passed the Senate (40-Y, 0-N).  Governor’s action deadline midnight March 26,2019.

HB 2193 Grass; throwing or depositing certain substances on the highway. (Robinson-R-27)

Adds grass to the list of substances a person shall not throw or deposit or cause to be deposited upon any highway so as to create a hazard to the traveling public.

Status: House Courts of Justice: Subcommittee #1 laid bill on the table (8-Y, 0-N).

HB 2233 Interior lights; operator requirements. (Robinson-R-27)

Requires the operator of a motor vehicle, autocycle, road roller, road machinery, or tractor truck equipped with an interior light or lights and used on a highway to ensure that such lights are in good working order. The bill further requires an operator of any such vehicle equipped with interior lights to illuminate at least one such light, including the light in closest proximity to the front seats, immediately upon stopping after having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop between sunset and sunrise.

Status: Transportation: Subcommittee #1 laid bill on the table (8-Y, 2-N).

HB 2234 Parental leave benefits; DHRM to implement and administer. (Robinson-R-27)

Requires the Department of Human Resource Management (the Department) to implement and administer 12 weeks of paid parental leave benefits for a state employee who becomes the parent of a child either by adoption or by birth of a child. To be eligible, an employee must be a full-time employee with at least one year of continuous state employment. The bill requires employees to take leave within one year of a child's birth or adoption and provides that if two employees are eligible for benefits for the same child, only one shall claim benefits. The bill provides that if an employee is eligible for both parental leave and maternity leave for the same child, parental leave covers the first 12 weeks of leave; thereafter, if the employee provides notification to her employer from her physician that she is unable to return to work, she may receive short-term disability benefits.

Status: Senate and House agreed to conference report. Governor’s action deadline midnight, March 26, 2019.

HB 2247 Optometry, Board of; adds requirements for members. (Robinson-R-27)

Adds to the requirements for the five licensed optometrist members of the Board of Optometry that they be individuals who at the time of appointment have met all requirements for practice as an optometrist and are qualified to engage in the full scope of the practice of optometry and are actively engaged in the delivery of clinical care to patients.

Status: Passed the Senate with Amendments (40-Y, 0-N). House adopts Senate amendments (98-Y, 0-N).  Governor’s action deadline midnight, March 26, 2019.

HB 2260 Health insurance; catastrophic health plans. (Robinson-R-27)

Authorizes health carriers to offer catastrophic plans on the individual market and to offer such plans to all individuals. The measure provides that a catastrophic plan is deemed to provide an essential health benefits package and to meet certain requirements of federal law. A catastrophic plan is a high-deductible health care plan that provides essential health benefits and coverage for at least three primary care visits per policy year. Under the federal Affordable Care Act, catastrophic plans satisfy requirements that health benefit plans provide minimum levels of coverage only if they cover individuals who are under 30 years of age or who qualify for a hardship exemption or affordability exemption. The measure requires the Commissioner of Insurance to apply to the federal government for a state innovation waiver allowing the implementation of the provision.

Status: Passed the House (51-Y, 48-N).  Passed the Senate (27-Y, 11-N). Governor's action deadline midnight, March 26, 2019

HB 2486 Teacher licensure; provisional license. (Robinson-R-27)

Requires the Board of Education, in its regulations providing for licensure by reciprocity, to grant special consideration to individuals who have successfully completed a program offered by a provider that is accredited by the Council for the Accreditation of Educator Preparation. The bill also requires the Board of Education to develop guidelines that establish a process to permit a school board or any organization sponsored by a school board to petition the Board for approval of an alternate route to licensure that may be used to meet the requirements for a provisional or renewable license or any endorsement.

Status: Passed the Senate with substitute (40-Y, 0-N). House adopted Senate substitute (98-Y, 0-N).  Governor’s action deadline midnight, March 26, 2019.

HB 2546 Maternal Mortality Review Team; established, investigations. (Robinson-R-27)

Establishes the Maternal Death Review Team (Team) to develop and implement procedures to ensure that maternal deaths occurring in the Commonwealth are analyzed in a systematic way. The bill requires the Team to provides that information and records obtained or created by the Maternal Death Review Team to (develop and revise as necessary operating procedures for maternal death reviews, including identification of cases to be reviewed and procedures for coordinating among the agencies and professionals involved; improve the identification of and data collection and record keeping related to causes of maternal deaths; recommend components of programs to increase awareness and prevention of and education about maternal deaths; and recommend training to improve the review of maternal deaths. The bill also requires the Team to compile triennial statistical data regarding maternal deaths and to make such data available to the Governor and the General Assembly. The bill provides that information and records obtained or created by the Team and portions of meetings of the Team at which individual maternal deaths are discussed shall be confidential.

Status: Passed the House (99-Y, 0-N).  Passed the Senate (40-Y, 0-N).  Governor's action deadline midnight, March 26, 2019.

HB 2563 Drug paraphernalia and controlled paraphernalia; fentanyl testing products. (Robinson-R-27).

Clarifies that narcotic testing products used to determine whether a controlled substance contains fentanyl or a fentanyl analog are not drug paraphernalia or controlled paraphernalia.

Status: Passed the House (99-Y, 0-N).  Passed the Senate (40-Y, 0-N).  Governor's action deadline midnight, March 26, 2019

HB 2677 Virginia Fair Housing Law; unlawful discriminatory housing practices, etc.

Adds discrimination on the basis of an individual's sexual orientation or gender identity as an unlawful housing practice. The bill defines sexual orientation and gender identity.

Status: Left in House General Laws.

HB 1652 School calendar; opening day of the school year. (Robinson-R-27)

Requires each local school board to set the school calendar so that the first day students are required to attend school is no earlier than 14 days before Labor Day unless the Board of Education waives such requirement for good cause. Under current law, each local school board is required to set the school calendar so that the first day students are required to attend school is after Labor Day unless the Board of Education waives such requirement for good cause. The bill provides that in each school division in which the school board sets the school calendar so that the first day students are required to attend school is before Labor Day, such school board shall close each school in the school division from the Friday immediately preceding Labor Day through Labor Day. The bill exempts from certain requirements certain school boards that were previously granted good cause waivers by the Board of Education.

Status: Passed the House (81-Y, 15-N). Passed the Senate with substitute (30-Y, 10-N).  House adopted the Senate substitute (77-Y, 19-N). Governor's action deadline midnight, March 26, 2019.

HB 2486 Teacher licensure; provisional license. (Robinson-R-27)

Requires the Board of Education, in its regulations providing for licensure by reciprocity, to grant special consideration to individuals who have successfully completed a program offered by a provider that is accredited by the Council for the Accreditation of Educator Preparation. The bill also requires the Board of Education to develop guidelines that establish a process to permit a school board or any organization sponsored by a school board to petition the Board for approval of an alternate route to licensure that may be used to meet the requirements for a provisional or renewable license or any endorsement.

Status: Passed the Senate with substitute (40-Y, 0-N). House adopted Senate substitute (98-Y, 0-N).  Governor’s action deadline midnight, March 26, 2019.

HB 1729 Guidance counselors; changes name to school counselors, staff time. (Landes-R-25)

School counselors; nomenclature; staff time. Changes the name of guidance counselors to school counselors and requires each school counselor employed by a school board in a public elementary or secondary school to spend at least 80 percent of his staff time during normal school hours in the direct counseling of individual students or groups of students.

Status: Passed the House (97-Y, 0-N). Passed the Senate (40-Y, 0-N).  Approved by Governor effective July 1, 2019.

HB 2449 Scholastic records; disclosure of directory information. (Wilt-R-2)

Scholastic records; disclosure of directory information. Provides that a school or institution of higher education may disclose certain directory information of a student to certain internal persons for educational purposes or internal business if the student has not opted out of such disclosure. Under current law, such disclosures require written consent. The bill also provides an exception for state and federal law requirements from the prohibition of such disclosures.

Status: Passed the House (99-Y, 0-N). Passed the Senate (40-Y, 0-N). Approved by Governor effective July 1, 2019.

HB 2014 Family First Prevention Services Act; statutory alignment. (Peace- R-97)

Aligns the Code of Virginia with the Family First Prevention Services Act of 2018.The bill contains an emergency clause for provisions of the bill relating to background checks for employees of, volunteers at, and contractors providing services to juveniles at children's residential facilities.

Status: Passed the House (98-Y, 0-N). Passed the Senate with amendments (40-Y, 0-N). Adopted by the House (40-Y, 0-N). Governor's action deadline midnight, March 26, 2019

HB 1737 School crisis, emergency management, and medical emergency response plans; development and review. (Wright-R-61)

Requires each school board to include the chief law-enforcement officer, the fire chief, the chief of the emergency medical services agency, the executive director of the relevant regional emergency medical services council, and the emergency management official of the locality, or their designees, in the development and review of school crisis, emergency management, and medical emergency response plans. Under current law, the school board is required to provide copies of such plans to the chief law-enforcement officer, the fire chief, the chief of the emergency medical services agency, and the emergency management official of the locality but is not required to include such first responders in the development and review of such plans.

Status: Passed the House (99-Y, 0-N). Senate (40-Y ,0-N). Approved by the Governor effective July 1, 2019.

HB 2318 Possession and administration of naloxone; school nurses; local health department employees. (McGuire-R-56)

Adds school nurses, local health department employees that are assigned to a public school pursuant to an agreement between the local health department and school board, and other school board employees or individuals contracted by a school board to provide school health services to the list of individuals who may possess and administer naloxone or other opioid antagonist, provided that they have completed a training program.

Status: Passed the House (99-Y, 0-N). Passed the Senate (40-Y, 0-N).  Approved by Governor effective July 1, 2019.

HB 1972 Virginia College Savings Plan; prepaid tuition contracts, etc.  (Robinson-R-27)

Makes several changes to the provisions that establish the Virginia College Savings Plan (the Plan), including permitting the Plan to maintain an independent disbursement system for the disbursement of prepaid tuition contract benefits and requiring each prepaid tuition contract entered into on or after July 1, 2019, to include provisions for the application of tuition prepayments, at a rate equal to the percentage of enrollment-weighted average tuition at public institutions of higher education to be determined by the board, at public institutions of higher education, accredited nonprofit independent or private institutions of higher education, and non-Virginia public and accredited nonprofit independent or private institutions of higher education, provided that no such payment is less than the sum of tuition prepayments made, less any fees as determined by the board.

Status: Passed the House (99-Y, 0-N). Passed the Senate (40-Y, 0-N). Governor’s action deadline midnight March 26, 2019.

HB 2653 Higher educational institutions, public, institutional partnership performance agreements(Cox–R–66)

Permits any public institution of higher education to propose in conjunction with the six-year plan process, and the General Assembly to adopt by reference in the general appropriation act, an institutional partnership performance agreement that advances the objectives of the Virginia Higher Education Opportunity Act of 2011 by aligning the strategies, activities, and investments of the institution, the Commonwealth, and any identified partners concerning  college access, affordability, cost predictability, and employment pathways for undergraduate Virginia students and  strategic talent development and other high-priority economic initiatives of the Commonwealth. The bill contains provisions relating to mandatory and permissive contents of, the approval process for, and the legal effect of any such agreement.

Status: Passed the House (99-Y, 0-N). Passed the Senate (39-Y, 0-N). Governor’s action deadline midnight, March 26, 2019.

HB 1920 New Economy Workforce Credential Grant Fund and Program; grant priority. (Stolle-R-83)

Requires the State Council of Higher Education for Virginia, in awarding grants pursuant to the New Economy Workforce Credential Grant Program, to give priority to institutions that offer noncredit workforce training programs in high-demand fields in which employer demand is currently unmet by the available workforce.

Status: Passed the House (99-Y, 0-N). Passed the Senate (39-Y, 0-N). Governor’s action deadline midnight, March 26, 2019

HB 1611 Virginia College Savings Plan; prepaid tuition contracts; pricing reserves.  (Landes-R-25)

Provides that in the event that the ratio of the assets of the Virginia College Savings Plan (the Plan) to the obligations of the Plan exceeds 105 percent, the pricing reserve, which the bill defines as the percentage by which the actuarially determined prepaid tuition contract price exceeds the amount estimated to meet the meet the actuarially determined tuition obligation for such prepaid tuition contract, shall not exceed five percent. The bill provides that in the event that the ratio of the assets of the Plan to the obligations of the Plan does not meet or exceed 105 percent, the pricing reserve may exceed five percent but shall not exceed 10 percent. The bill also requires the governing board of the Plan to provide to the House Committee on Appropriations, the Senate Committee on Finance, and the Joint Legislative Audit and Review Commission written notification and a detailed explanation of any change to the pricing reserve within 30 days of such change.

Status: Passed the House (94-Y, 5-N). Passed the Senate with substitute 40-Y, 0-N. Senate substitute passed by the House (97-Y, 1-N).  Governor’s action deadline midnight, March 26, 2019

HB 1704 State Council of Higher Education for Virginia; financial aid award notification. (Reid-D-32)

Requires any comprehensive financial aid award notification provided to a student by a public institution of higher education or nonprofit private institution of higher education to meet the requirements and best practices established by the Council in its Financial Aid Award Letters Policies and Guidance.

Status: Conference report agreed to by the House (96-Y, 1-N).  Conference report agreed to by the Senate (39-Y, 0-N).  Governor’s action deadline midnight, March 26, 2019.

HB 2546 Maternal Mortality Review Team; established, investigations. (Robinson-R-27)

Establishes the Maternal Death Review Team (Team) to develop and implement procedures to ensure that maternal deaths occurring in the Commonwealth are analyzed in a systematic way. The bill requires the Team to provides that information and records obtained or created by the Maternal Death Review Team to (develop and revise as necessary operating procedures for maternal death reviews, including identification of cases to be reviewed and procedures for coordinating among the agencies and professionals involved; improve the identification of and data collection and record keeping related to causes of maternal deaths; recommend components of programs to increase awareness and prevention of and education about maternal deaths; and recommend training to improve the review of maternal deaths. The bill also requires the Team to compile triennial statistical data regarding maternal deaths and to make such data available to the Governor and the General Assembly. The bill provides that information and records obtained or created by the Team and portions of meetings of the Team at which individual maternal deaths are discussed shall be confidential.

Status: Passed the House (99-Y, 0-N).  Passed the Senate (40-Y, 0-N).  Governor's action deadline midnight, March 26, 2019.

HB 2563 Drug paraphernalia and controlled paraphernalia; fentanyl testing products. (Robinson-R-27).

Clarifies that narcotic testing products used to determine whether a controlled substance contains fentanyl or a fentanyl analog are not drug paraphernalia or controlled paraphernalia.

Status: Passed the House (99-Y, 0-N).  Passed the Senate (40-Y, 0-N).  Governor's action deadline midnight, March 26, 2019

HB 2538 Balance billing; emergency and elective services. (Ware-R-65)

Requires a facility where a covered person receives scheduled elective services to post the required notice or inform the covered person of the required notice at the time of pre-admission or pre-registration. The bill also requires such a facility to inform the covered person or his legal representative of the names of all provider groups providing health care services at the facility, that consultation with the covered person's managed care plan is recommended to determine if the provider groups providing health care services at the facility are in-network providers, and that the covered person may be financially responsible for health care services performed by a provider that is not an in-network provider, in addition to any cost-sharing requirements.

Status: Passed the House with substitute (99-Y, 0-N). Passed the Senate (40-Y, 0-N). Governor’s action deadline midnight, March 26, 2019.

HB 2234 Parental leave benefits; DHRM to implement and administer. (Robinson-R-27)

Requires the Department of Human Resource Management (the Department) to implement and administer 12 weeks of paid parental leave benefits for a state employee who becomes the parent of a child either by adoption or by birth of a child. To be eligible, an employee must be a full-time employee with at least one year of continuous state employment. The bill requires employees to take leave within one year of a child's birth or adoption and provides that if two employees are eligible for benefits for the same child, only one shall claim benefits. The bill provides that if an employee is eligible for both parental leave and maternity leave for the same child, parental leave covers the first 12 weeks of leave; thereafter, if the employee provides notification to her employer from her physician that she is unable to return to work, she may receive short-term disability benefits.

Status: Senate and House agreed to conference report. Governor’s action deadline midnight, March 26, 2019.

HB 2247 Optometry, Board of; adds requirements for members. (Robinson-R-27)

Adds to the requirements for the five licensed optometrist members of the Board of Optometry that they be individuals who at the time of appointment have met all requirements for practice as an optometrist and are qualified to engage in the full scope of the practice of optometry and are actively engaged in the delivery of clinical care to patients.

Status: Passed the Senate with Amendments (40-Y, 0-N). House adopts Senate amendments (98-Y, 0-N).  Governor’s action deadline midnight, March 26, 2019.

HB 2260 Health insurance; catastrophic health plans. (Robinson-R-27)

Authorizes health carriers to offer catastrophic plans on the individual market and to offer such plans to all individuals. The measure provides that a catastrophic plan is deemed to provide an essential health benefits package and to meet certain requirements of federal law. A catastrophic plan is a high-deductible health care plan that provides essential health benefits and coverage for at least three primary care visits per policy year. Under the federal Affordable Care Act, catastrophic plans satisfy requirements that health benefit plans provide minimum levels of coverage only if they cover individuals who are under 30 years of age or who qualify for a hardship exemption or affordability exemption. The measure requires the Commissioner of Insurance to apply to the federal government for a state innovation waiver allowing the implementation of the provision.

Status: Passed the House (51-Y, 48-N).  Passed the Senate (27-Y, 11-N). Governor's action deadline midnight, March 26, 2019.

HB 2577 Health Insurance; coverage for autism spectrum disorder. (Thomas-R-28)

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 of any age. Currently, such coverage is required to be provided for individuals from age two through age 10. The provision applies with respect to insurance policies, subscription contracts, and health care plans delivered, issued for delivery, reissued, or extended on or after January 1, 2020.

Status: Passed the House (97-Y, 1-N, 1-A). Passed the Senate (39-Y, 0-N). Governor’s action deadline midnight, March 26, 2019.

HB 2719 Health insurance; small employers. (Pillion-R-4)

Revises the definition of "small employer" for purposes of group health insurance policies to provide that an individual who performs any service for remuneration under a contract of hire for a corporation in which he is a shareholder or an immediate family member of a shareholder, or  a limited liability company in which he is a member, regardless of the number of members of the limited liability company, shall be deemed to be an employee of the corporation or the limited liability company. The measure provides that a health insurance issuer shall not be required to issue more than one group health plan for each employer identification number issued by the Internal Revenue Service for a business entity, without regard to the number of shareholders or members of such business entity.

Status: Passed the House (99-Y 0-N). Passed the Senate 40-Y, 0-N. Governor's action deadline midnight, March 26, 2019.

HB 2126 Accident and sickness insurance; step therapy protocols. (Davis-R-84)

Requires carriers issuing health benefit plans that develop step therapy protocols for a health benefit plan to ensure that those step therapy protocols are (i) developed and endorsed by a multidisciplinary panel of experts that manages conflicts of interest among the members; (ii) based on peer-reviewed research and medical practice; and (iii) continually updated based on a review of new evidence, research, and newly developed treatments. The measure requires that when coverage of a prescription drug for the treatment of a medical condition is restricted for use by a carrier or utilization review organization through the use of a step therapy protocol, the patient and prescribing provider have access to a clear, readily accessible, and convenient process to request a step therapy exception. The measure establishes conditions under which a request for a step therapy exception shall be granted and authorizes a patient to appeal a step therapy exception request denial. The provisions of the measure shall apply to any health benefit plan delivered, issued for delivery, or renewed on or after January 1, 2020.

Status: Passed the House with substitute (99-Y, 0-N). Passed Senate with amendments (40-Y, 0-N). Senate amendments agreed to by House and passed (99-Y, 0-N). Governor’s action deadline midnight, March 26, 2019.

HB 1640 Health carriers; services provided by nurse practitioners. (Ransone-R-99)

Requires health insurers and health services plan providers whose policies or contracts cover services that may be legally performed by licensed nurse practitioners to provide equal coverage for such services when rendered by a licensed nurse practitioner.  The bill contains an enactment that exempts the measure from the requirement that the Health Insurance Reform Commission review any legislative measure containing a mandated health insurance benefit or provider. The bill has a delayed effective date of October 1, 2019.

Status: Passed the House with amendments (99-Y, 0-N). Passed Senate (40-Y, 0-N). Governor's action deadline midnight, March 26, 2019

HB 2493 Topical drugs; administration by dental hygienists, physician assistants, and nurses. (Tran-D-42)

Authorizes a dental hygienist practicing under remote supervision to administer topical oral anesthetics, topical and directly applied antimicrobial agents for treatment of periodontal pocket lesions, and any other Schedule VI topical drug approved by the Board of Dentistry. Under current law, a dental hygienist must be practicing under general supervision to do so. Additionally, the bill authorizes a physician assistant, nurse, or dental hygienist to possess and administer topical fluoride varnish pursuant to an oral or written order or a standing protocol. Under current law, such possession and administration is limited to administration to children aged six months to three years and is required to conform to standards adopted by the Department of Health.

Status: Passed the House (99-Y, 0-N). Passed the Senate (40-Y, 0-N).  Governor's action deadline midnight, March 26, 2019

HB 1915 Expedited review of adverse coverage determinations; cancer patients. (Yancey-R-94)

Provides that a covered person shall not be required to have exhausted his health carrier's internal appeal process before seeking an external review of an adverse determination regarding coverage of treatment if the treatment is to treat his cancer. The measure provides that a covered person may request an expedited external review if the adverse determination relates to the treatment of a cancer of the covered person. The measure requires health carriers' notices of the right to an external review to notify covered persons of this provision.

Status: Passed the House (99-Y, 0-N).  Passed the Senate (40-Y, 0-N).  Governor’s action deadline midnight March 26, 2019.

HB 1916 Employment; break to express breast milk.(Yancey-R-94)

Requires the Department of Human Resource Management to develop state personnel policies that provide break time for nursing mothers to express breast milk. Such policies shall require an agency to provide a reasonable break time that, if possible, runs concurrently with any break time already provided for an employee to express breast milk for her nursing child after the child's birth each time such employee has need to express the breast milk and (ii) a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public and that may be used by an employee to express breast milk.

Status: Passed the House (99-Y, 0-N).  Passed the Senate (40-Y, 0-N).  Governor’s action deadline midnight, March 26, 2019.

HB 1970 Telemedicine services; payment and coverage of services. (Kilgore-R-1)

Requires insurers, corporations, or health maintenance organizations to cover medically necessary remote patient monitoring services as part of their coverage of telemedicine services to the full extent that these services are available. The bill defines remote patient monitoring services as the delivery of home health services using telecommunications technology to enhance the delivery of home health care, including monitoring of clinical patient data such as weight, blood pressure, pulse, pulse oximetry, blood glucose, and other condition-specific data; medication adherence monitoring; and interactive video conferencing with or without digital image upload. The bill requires the Board of Medical Assistance Services to include in the state plan for medical assistance services a provision for the payment of medical assistance for medically necessary health care services provided through telemedicine services.

Status: Passed the House with substitute (99-Y, 0-N). Passed the Senate with amendments. Approved by Governor effective 7-1-19

HB 1915 Cancer patients; expedited review of adverse coverage determinations. (Yancey-R-94)

Expedited review of adverse coverage determinations; cancer patients. Provides that a covered person shall not be required to have exhausted his health carrier's internal appeal process before seeking an external review of an adverse determination regarding coverage of treatment if the treatment is to treat his cancer. The measure provides that a covered person may request an expedited external review if the adverse determination relates to the treatment of a cancer of the covered person. The measure requires health carriers' notices of the right to an external review to notify covered persons of this provision.

Status: Passed the House (99-Y 0-N). Passed the Senate (40-Y, 0-N). Governor's action deadline midnight, March 26, 2019.

HB 1815 Assisted living facilities; emergency electrical power source, disclosure to prospective residents. (Hope-D-47)

Assisted living facilities; emergency electrical power source; disclosure to prospective residents. Directs the State Board of Social Services to include in regulations governing assisted living facilities a requirement that each licensed assisted living facility with six or more residents disclose to each prospective resident, or his legal representative, in writing in a document provided to the prospective resident or his legal representative and as evidenced by the written acknowledgement of the resident or his legal representative, whether the facility has an on-site emergency electrical power source for the provision of electricity during an interruption of the normal electric power supply and, if the assisted living facility does have an on-site emergency electrical power source, (i) the items for which such on-site emergency electrical power source will supply power in the event of an interruption of the normal electric power supply and (ii) whether staff of the assisted living facility have been trained to maintain and operate such on-site emergency electrical power source to ensure the provision of electricity during an interruption of the normal electrical power supply. The bill also provides that an on-site emergency electrical power source shall include both permanent on-site emergency electrical power sources and portable on-site emergency electrical power sources, provided such portable on-site emergency electrical power source remains on the premises of the assisted living facility at all times.

Status: Passed the House (97-Y 0-N). Passed the Senate with a substitute. House adopted (96-Y, 0-N). Governor: Governor's action deadline midnight, March 26, 2019

HB 2493 Administration of topical drugs; dental hygienists, physician assistants, and nurses. (Tran-D-42)

Authorizes a dental hygienist practicing under remote supervision to administer topical oral anesthetics, topical and directly applied antimicrobial agents for treatment of periodontal pocket lesions, and any other Schedule VI topical drug approved by the Board of Dentistry. Under current law, a dental hygienist must be practicing under general supervision to do so. Additionally, the bill authorizes a physician assistant, nurse, or dental hygienist to possess and administer topical fluoride varnish pursuant to an oral or written order or a standing protocol. Under current law, such possession and administration is limited to administration to children aged six months to three years and is required to conform to standards adopted by the Department of Health.

Status: Passed the House (99-Y, 0-N).  Passed the Senate (40-Y, 0-N).  Governor’s action deadline midnight March 26, 2019.

HB 1623 Military families; relocation to the Commonwealth; student registration. (Cole-R-88)

Permits any student whose service member parent is relocated to the Commonwealth pursuant to orders received to register for courses and other academic programs and participate in the lottery process for charter schools and college partnership laboratory schools in the school division in which such student will reside at the same time and in the same manner as students who reside in the local school division.

Status: Passed the House 99-Y, 0-N. Passed the Senate 40-Y, 0-N. Governor’s Action Deadline Midnight, March 26, 2019

HB 1655 Real property tax exemption for disabled veterans; surviving spouse's ability to change residence. (Miyares-R-82)

Enacts as statutory law an amendment to subdivision (a) of Section 6-A of Article X of the Constitution of Virginia that was adopted by the voters on November 6, 2018, which applies the real property tax exemption for the surviving spouse of a disabled veteran to such spouse's principal place of residence regardless of whether such spouse moves to a different residence. The provisions of the bill would apply to taxable years beginning on and after January 1, 2019. The bill makes technical corrections related to the real property tax exemptions for surviving spouses of members of the armed forces killed in action and surviving spouses of certain persons killed in the line of duty.

Status: Passed the House (94-Y, 0-N). Passed the Senate (40-Y, 0-N). Approved by Governor effective January 1, 2019.

HB 1832 Special license plate; Navy and Marine Corps Medal. (Leftwich-R-78)

Creates a special license plate for persons awarded the Navy and Marine Corps Medal or for unremarried surviving spouses of such persons.

Status: Passed the House (96-Y, 0-N). Passed by the Senate (40-Y, 0-N). Approved by Governor effective July 1, 2019.

HB 2161 Department of General Services; disposition of surplus materials; veteran-owned small business and veterans service organizations. (Foy-D-2)

Provides that the Department of General Services shall permit surplus materials to be sold to small businesses certified by the Department of Small Business and Supplier Diversity that are military spouse-owned or veteran-owned and veterans service organizations.

Status: Passed the House (99-Y, 0-N). Passed by the Senate (40-Y, 0-N). Governor's action deadline midnight, March 26, 2019

HB 2551 Commercial driver's licenses; military service members. (Thomas-R-28)

Requires the Commissioner of the Department of Motor Vehicles to waive certain knowledge and skills tests required for obtaining a commercial learner's permit or commercial driver's license or a commercial driver's license endorsement for certain current or former military service members, as authorized by federal law.

Status: Passed the House (99-Y, 0-N). Passed by the Senate (40-Y, 0-N). Approved by Governor effective July 1, 2019.

HB 2672 Virginia War Memorial; names and homes of Virginians on Shrine of Memory. (Carr-D-69)

Provides that only the names and homes of record designation of those Virginians "Killed in Action" as a result of military operations against terrorism, as a result of a terrorist act, or in any armed conflict after December 6, 1941, can be placed on the Shrine of Memory on the grounds of the Virginia War Memorial. The names and homes of record designation of all Virginians "Missing in Action" as a result of the Vietnam War and all other Virginians who served honorably but do not meet the criteria for placement on the Shrine of Memory, are required to be honored elsewhere at the Virginia War Memorial. The bill also provides that the Board of Veterans Services will advise the Department of Veterans Services on policies related to the War Memorial. This advisory authority currently rests with the Virginia War Memorial Board.

Status: Passed the House (99-Y, 0-N). Passed Senate (40-Y, 0-N). Governor's action deadline midnight, March 26, 2019.

HB 2440 Intangible personal property; classification and exemption of certain business property.(Campbell, R.-R-24)

Classifies as intangible property, and exempts from taxation, personal property that is employed in a trade or business, has an original cost of less than $25, and is not classified as machinery and tools, merchants' capital, or short-term rental property.

Status: Passed the House (97-Y, 1-N0. Passed the Senate (40-Y, 0-N). Governor’s action deadline midnight, March 26, 2019

HB2197 Summary judgment; limited use of discovery depositions and affidavits. (Gilbert-R-15)

Allows for the limited use of discovery depositions and affidavits in support of or in opposition to a motion for summary judgment, provided that the only parties to the action are business entities and the amount at issue is $50,000 or more.

Status: Passed the House (97-Y, 0-N). Passed the Senate (25-Y, 15-N). Signed into law by Governor effective July 1, 2019.

HB 2741 Clean Energy Advisory Board; low-to-moderate income solar loan and rebate pilot program and fund (Aird-D-63)

Establishes the Clean Energy Advisory Board (the Board) as an advisory board in the executive branch of government for the purpose of establishing a pilot program for disbursing loans or rebates for the installation of solar energy infrastructure in low-income and moderate-income households. The bill provides that the Board shall have a total membership of 15 members, consisting of 14 nonlegislative citizen members and the Director of the Department of Mines, Minerals and Energy, who shall serve ex officio. The bill establishes the Low-to-Moderate Income Solar Loan and Rebate Fund to be used to fund loans or rebate payments to electric customers who complete solar installations or energy efficiency improvements. The bill provides that the pilot program is open to any Virginia resident whose household income is at or below 80 percent of the state median income or regional median income, whichever is greater. The bill establishes application requirements and procedures for the review and approval or denial of applications. The bill requires that each applicant document the installation of energy efficiency services to demonstrate that such services lower home energy consumption by at least 12 percent prior to the submission of an application. The bill has an expiration date of July 1, 2022.

Status: Passed House (99-Y, 0-N). Passed the Senate (38-Y, 0-N, 1-A). Governor’s action deadline midnight, March 26, 2019

HB 2789 Direct the establishment of energy conservation measures providing incentives for the development of electric energy delivered from sunlight (O’Quinn-R-5).

Requires Dominion Power and Appalachian Power Company to a seek approval for a three-year program of energy conservation measures providing incentives to low income, elderly and disabled individuals in an amount not to exceed $25 million in the aggregate for the installation of measures that reduce residential heating and cooling costs and enhance the health and safety of residents. The measure also requires the utilities to develop a program of energy conservation measures providing incentives, open to low income, elderly and disabled individuals who also participate in the above-described incentive program, in an amount not to exceed $25 million in the aggregate, for the installation of equipment to develop electric energy derived from sunlight. The measure provides that the utilities may provide such incentives directly to customers or to organizations that assist low income, elderly and disabled individuals. The measure directs that in developing such incentive programs, each utility shall give consideration to low income, elderly and disabled persons residing in housing that a redevelopment and housing authority owns or controls.

Status: Passed the House (90-Y, 0-N).  Passed the Senate (37-Y, 3-N). Governor’s action deadline Midnight, March 26th, 2019.

HB 1715 Dams; prohibited vegetation, certain wetland vegetation allowed.  (Bulova-D-37)

Exempts wetland vegetation growing on certain regulated impounding structures from the requirement that all vegetation be removed from such dams. The bill exempts vegetation associated with a wetland mitigation bank or in-lieu fee site that has regulatory approval and is the subject of a recorded, permanent instrument protecting the vegetation from removal. The bill allows the Department of Conservation and Recreation to require the dam owner to remove trees by flush cutting unless the Department determines on the basis of site-specific information that the grubbing of roots is necessary to protect the integrity of the dam.

Status: Passed the House (97-Y, 0-N).  Passed the Senate (40-Y, 0-N).  Approved by Governor effective July 1, 2019.

HB 1822 Virginia Water Quality Improvement Fund; grant for wastewater conveyance facility; estimates of future funding requests; Stormwater Local Assistance Fund. (Bulova-D-37)

Authorizes the Director of the Department of Environmental Quality (the Department) to authorize grants from the Virginia Water Quality Improvement Fund (the Fund) for the installation of certain wastewater conveyance infrastructure. Any such infrastructure shall  divert wastewater from one publicly owned treatment works that is eligible for grant funding to another such eligible treatment works; divert wastewater to a receiving treatment works that is capable of achieving compliance with its nutrient reduction or ammonia control discharge requirements and that results in a net reduction in total phosphorus, total nitrogen, or nitrogen-containing ammonia discharges; and result in no more expense to the Fund than would otherwise be incurred to install eligible nutrient removal technology or other treatment technology at the treatment works from which the wastewater will be diverted.  The bill also directs the Department to consult with stakeholders annually to estimate the amount of grant funding that local governments will request during the upcoming year from the Fund and the Stormwater Local Assistance Fund and to submit those estimates to the Governor as part of a biennial funding report and an annual progress report that are required by current law. The bill contains technical amendments.

Status: Passed the House (99-Y, 0-N).  Passed the Senate (40-Y, 0-N).  Governor’s action deadline midnight, March 26, 2019.

 HB 2192 Public school buildings and facilities; modernization. (Rush-R-7)

Provides that it is the legislative intent that public school buildings and facilities be designed, constructed, maintained, and operated to generate more electricity than consumed, and allows local school boards to enter into leases with private entities to achieve that goal if the school board owns or operates a school building or facility that has been properly modernized, generates energy derived from sunlight, and if the solar generating facility is properly interconnected. The bill also provides that private entities that contract with local school boards to modernize public school buildings and facilities may receive financing from the Virginia Small Business Financing Authority.

Status: Passed the House 99-Y, 0-N. Passed Senate with substitute with amendment (40-Y, 0-N). Senate substitute with amendment agreed to by House and passed (96-Y,1-N). Governor’s action deadline midnight, March 26, 2019.

HB 1637 Special license plates; PROTECT SEA LIFE. (Knight-R-81)

Authorizes the issuance of revenue-sharing special license plates for supporters of the Virginia Aquarium bearing the legend PROTECT SEA LIFE.

Status: Passed the House (99-Y, 0-N).  Passed the Senate (40-Y, 0-N). Approved by the Governor effective July 1, 2019