Virginia Bills

Authorizes the Department of Mines, Minerals and Energy (the Department) to require disclosure of chemical ingredient names, chemical abstracts numbers, or the amount or concentration of chemicals or ingredients used to stimulate a well notwithstanding exclusion from mandatory disclosure under the Virginia Freedom of Information Act as a trade secret. The bill authorizes the Director of the Department to disclose such information to additional Department staff or state or local officials to assist the Department in responding to an emergency. The bill prohibits such individuals from disseminating such information further. The bill requires the Director to notify the party that submitted the trade secret of disclosure as soon as practicable. The bill prohibits orders issued pursuant to § 45.1-361.27 from including trade secret information.

Requires, beginning January 1, 2018, the inclusion of a regulatory penalty statement in any legislation that imposes a requirement on a business or entity engaged in a regulated activity where, under the basic law of the agency responsible for regulating the activity, the agency has the authority by regulation to establish a graduated scale of monetary or civil penalties in accordance with mandatory maximum or minimum penalties set forth in its basic law for enumerated violations. The regulatory penalty statement shall be printed on the face of each bill, but shall not be codified, and shall indicate that the legislation authorizes the (Name of Agency) to establish a graduated scale of monetary or civil penalties for violations. The bill provides that (i) prior to submission to the Registrar of Regulations, an agency affected by legislation shall, by September 1, provide a written report to the standing committee to which matters relating to the content of the planned regulation are most properly referable describing the subject matter and intent of the planned regulation; (ii) the standing committee shall meet on the planned regulation and shall file with the agency and the Governor any objection to the planned regulation by November 1; (iii) if an objection is filed, the promulgation of the planned regulation shall be suspended, with the concurrence of the Governor, until the end of the next regular legislative session; and (iv) if no objection is filed or the Governor does not concur, the agency may promulgate the regulation in accordance with the Administrative Process Act. The bill also requires general notice of the provisions of this requirement to be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations by the Joint Commission on Administrative Rules to advise agencies of their obligations under the bill.

Requires all proposed and final regulations promulgated by any regulatory board within the Department on or after July 1, 2017, to contain a sunset provision such that the regulations shall expire within five years of their effective date. The bill provides that on or before July 1, 2021, the Board for Professional and Occupational Regulation (the Board) shall review the regulations on such timetable as determined by the Board to enable it to make specific determinations outlined in the bill. The bill requires that by July 1, 2021, the Board shall submit a report of its findings, including any recommendations, to the Joint Commission on Administrative Rules (the Commission), which shall exercise the powers granted to it under the Administrative Process Act and the Commission's enabling law. Any recommendations of the Commission for the continuation, modification, suspension, or rescission of any such regulation shall be submitted to the Governor and the General Assembly by October 15, 2021.

Defines "charity care" as care provided in accordance with a provider's policy of providing health care services free of charge or at a reduced rate because of the indigence or medical indigence of the patient. The bill requires all hospitals, doctors of medicine and osteopathy, and dentists licensed to practice as oral and maxillofacial surgeons to whom a certificate of public need has been issued to establish charity care policies and post information about such policies in a public place; requires health care providers to submit to the Commissioner of Health data on the amount of charity care provided; provides that the value of charity care shall be determined in accordance with fee schedules for Medicare services established by Centers for Medicare and Medicaid Services (CMS); provides that in the case of a health care provider providing services at more than one facility, charity care shall be reported for each facility at which services are provided and shall not be aggregated by the provider; and requires not-for-profit hospitals to (i) conduct community needs assessments and develop strategies to meet the needs identified, (ii) establish financial assistance policies for patients, (iii) establish limits on charges for emergency and other medically necessary care for individuals eligible for assistance under the financial assistance policy, and (iv) ensure that the hospital does not engage in extraordinary actions to collect amounts owed before determining whether the person is eligible for financial assistance. The bill also requires not-for-profit hospitals to report annually to the Commissioner of Health on (a) the outcomes of the community needs assessment and the implementation of the strategy developed to meet the community health needs identified through such assessment; (b) the financial assistance policy and the utilization thereof; and (c) the steps the hospital has undertaken to determine whether a person to whom services have been delivered is eligible for assistance under the hospital's financial assistance policy and efforts of the hospital to ensure that any collections activities undertaken by the hospital to collect amounts owed by such persons are not extraordinary action. Such report shall also include (1) a statement disclosing any for-profit subsidiaries owned by the not-for-profit hospital and (2) a statement of the amount of compensation paid by the not-for-profit hospital to executive staff of the hospital.

Adds the offenses of obtaining money by false pretense, financial exploitation of mentally incapacitated persons, and construction fraud to the criminal violations that a multi-jurisdiction grand jury may investigate and to prohibited practices under the Virginia Consumer Protection Act (§ 59.1-196 et seq.).

Creates the mixed beverage annual live entertainment license to allow any person operating a live entertainment venue to sell, on the dates of performances and one hour prior to any such performance and one hour after the conclusion of any performance, but no later than 2:00 a.m. alcoholic beverages for on-premises consumption in areas upon the licensed premises approved by the Board. The bill stipulates that the live entertainment venue (i) must be owned by the licensee or be occupied under a bona fide long-term lease or concession agreement, the original term of which was more than five years, and (ii) must have monthly gross receipts from the sale of food cooked, or prepared, and consumed on the premises and nonalcoholic beverages served on the premises of at least $4,000. The bill defines a live entertainment venue as an establishment devoted exclusively to the bona fide live performance of the performing arts, which establishment is open to the public no more than four days in any calendar week and where (a) at least 75 percent of the ticket sales for any performance at such venue is required to be purchased at least 12 hours in advance of the performance and (b) the ticket price for the performance is based on the fair market value of the performance.. The bill contains technical amendments.

Authorizes any foreign health insurer to sell individual or group health benefit plans in the Commonwealth if it is approved to sell such plans in the foreign health insurer's domiciliary state. The measure establishes requirements applicable to such benefit plans, including provisions for registration, disclosure, marketing, and financial condition. The measure has a delayed effective date of July 1, 2018.

Establishes four advisory committees to make recommendations to the Marine Resources Commission on issues relating to the management of, respectively, crab, finfish, shellfish, and habitat. The bill also alters two existing advisory boards that deal with commercial fishing and recreational fishing, respectively, one existing advisory committee that deals with the Virginia Saltwater Sport Fishing Tournament, and one existing board that advises on the awarding of fishery resource grants. The bill provides that once appointed, no member of any of the seven committees and boards shall be removed except for malfeasance, misfeasance, incompetence, or gross neglect of duty. The provisions of the bill establishing the four new committees expire on July 1, 2020.

Excludes from the mandatory disclosure provisions of FOIA trade secrets, as defined in the Uniform Trade Secrets Act (§ 59.1-336 et seq.), submitted to the Department of Mines, Minerals and Energy that identify the amount or concentration of chemicals or ingredients used to stimulate a well pursuant to § 45.1-361.29 or Department regulations concerning such ground-disturbing activities. The bill requires that for such records to be protected, the submitting party must (i) invoke this FOIA exclusion upon submission of the data or materials for which protection from disclosure is sought, (ii) identify the data or materials for which protection is sought, and (iii) state the reasons why protection is necessary. The bill requires the Department to determine whether the information claimed to be a trade secret is entitled to such protection.

Allows any legal entity authorized by law to act as a trustee to serve as a qualified trustee of a self-settled spendthrift trust. Under current law, only a natural person who resides in the Commonwealth or a legal entity authorized to engage in trust business (i.e., a bank or trust company) may serve as a qualified trustee. The bill would expand the definition of "independent qualified trustee" and "qualified trustee" to include entities such as law firms and charitable organizations, when such entities are authorized by law to act as trustees.