Del. Tony Wilt

Dairy Producer Margin Coverage Premium AssistanceProgram. Directs the Commissioner of Agriculture and ConsumerServices to establish and administer the Dairy Producer Margin CoveragePremium Assistance Program (the Program). The bill provides that anydairy farmer that has a resource management plan or nutrient managementplan and participates in the federal margin coverage program fordairy producers at the Tier 1 level as contained in the federal Agriculture Improvement Act of 2018 is eligible to participate in the Program.Under the bill, each year a Program participant will receive a refundof its annual premium payment paid into the federal program.

Health insurance; association health plans. Providesthat for policies of group accident and sickness insurance issued to anassociation, members of such an association may include (i) a self-employedindividual and (ii) an employer member (a) with at least one employee that isdomiciled in the Commonwealth or (b) that has a principal place of businessthat does not exceed the boundaries of a metropolitan area that is at leastpartially in the Commonwealth. The bill provides that for such policies issuedto an association that covers at least 51 members and employees of employermembers of such association on the first day of the plan year the policiesshall be considered a large group market plan and are required to meet variousprovisions in the bill. The bill provides that to determine the size of anassociation all of the members and employees of employer members are aggregatedand treated as employed by a single employer.The bill requires an insurer issuing a policy to anassociation to (1) treat all of the members and employees of employer memberswho are enrolled in coverage under the policy as a single risk pool; (2) setpremiums based on the collective group experience of the members and employeesof employer members who are enrolled in coverage under the policy; (3) varypremiums by age, except that the rate shall not vary by more than 5 to 1 foradults; (4) not vary premiums based on gender; (5) not establish discriminatoryrules based on the health status of an employer member, an individual employeeof an employer member, or a self-employed individual for eligibility orcontribution.The bill requires the Commissioner of Insurance to, within 90days of the enactment of the bill, apply to the U.S. Secretary of Health andHuman Services for a state innovation waiver under the federal PatientProtection and Affordable Care Act, P.L. 111-148, to implement the provisionsof the bill. The provisions of the bill regarding association health plans willbecome effective 30 days following the date the Commissioner of Insurancenotifies the Governor and the Chairs of the House and Senate Committees onCommerce and Labor of federal approval of such waiver.

Milk; definition; misbranding; prohibition. Defines "milk" as the lacteal secretion of a healthy hooved mammal and provides that a food product is unlawfully misbranded if its label states that it is milk and it fails to meet such definition, except for human breast milk. The bill directs the Board of Agriculture and Consumer Services to implement a plan to ban all products misbranded as milk. The bill does not become effective until six months after the enactment, on or before October 1, 2029, of a similar act in any 11 of 14 specified states.

Sexual assault nurse examiners; place of practice. Requires every hospital to report quarterly to the Department ofHealth information regarding the number of certified sexual assaultnurse examiners employed by the hospital and the location, includingstreet address, and contact information for the location at whicheach certified sexual assault nurse examiner provides services. Thebill also requires the Department of Health to make information regardingthe availability of certified sexual assault nurse examiners in theCommonwealth, including the name of each hospital at which a certifiedsexual assault nurse examiner is employed, the location, includingstreet address, of such hospital, and the contact information forsuch hospital, available on the Department's website.

Forfeiture of property used in connection with the commission of crimes; finding of guilt required. Requires that any action for the forfeiture of property used in connection with the commission of a crime be stayed until the person whose property is the subject of the forfeiture action has been found guilty of the crime authorizing the forfeiture, regardless of whether he has been sentenced. The bill provides that property may be forfeited even though no finding of guilt is made if (i) the forfeiture is ordered by the court pursuant to a plea agreement or (ii) the owner has not submitted a written demand for the return of the property within 21 days from the date the stay terminates. This bill incorporates HB 225.

Virginia National Guard; state active duty for emergency response; pay and allowances for members. Provides that whenever called to state active duty in response to certain emergencies, members of the National Guard and the Virginia Defense Force receive pay and allowance equal to their rank and years of service, as determined by the Department of Military Affairs. The bill also authorizes the Adjutant General to increase state active duty pay on an annual basis by a rate not to exceed the most recent percentage increase in basic pay for members of the Armed Forces. Current law provides that (i) officers of the National Guard receive the same pay and allowances as prescribed for members of like rank in the United States Armed Forces, (ii) members of the National Guard receive the same pay and allowances as if they were on a day of Annual Training, and (iii) members of the Virginia Defense Force called to state active duty receive the same pay and allowances as persons of like grade in the National Guard for a day of Annual Training, capped at 25 years of service. The provisions of the bills are contingent on funding in a general appropriation act.

Services for survivors of sexual assault. Requires every hospital in the Commonwealth to provide treatment or transfer services, as defined in the bill, to survivors of sexual assault pursuant to a plan approved by the Department of Health; establishes specific requirements for providers of services to pediatric survivors of sexual assault; requires the Criminal Injuries Compensation Fund to pay the costs of services provided to survivors of sexual assault; establishes the Task Force on Services for Survivors of Sexual Assault to facilitate the development of services for survivors of sexual assault; and establishes the Sexual Assault Forensic Examiner Program to increase the number of qualified sexual assault forensic services providers available in the Commonwealth.

Electric utilities; fuel cost recovery. Requires an electric utility, as a condition of approval of any request by an electric utility for recovery through its fuel factor of costs incurred under a natural gas capacity contract not previously subject to review in a fuel factor case, to prove by a preponderance of the evidence that the utility has (i) determined that the utility cannot meet its service obligations, giving due regard, in the Commission's sole discretion, to reliability of service and the need to maintain reliable sources of supply, without an additional fuel resource; (ii) reasonably identified and determined the date and amount of the new fuel resource it needs; (iii) objectively studied available alternative fuel resource options, as verified by the Commission, including options other than a new natural gas capacity contract or contracts to meet the identified and determined need; and (iv) determined that the natural gas capacity contract or contracts are the lowest-cost available option, taking into consideration fixed and variable costs and a reasonable projection of utilization.

Department of Education; data collection; school counselor positions. Requires the Department of Education to collect data from school boards regarding their ability to fill school counselor positions, including (i) the number of school counselors employed in elementary, middle, and high schools in the local school division; (ii) the number and duration of school counselor vacancies; (iii) the number, role, and license type of other licensed counseling professionals employed by the school board; and (iv) information about their preferences for meeting updated school counselor to student ratios with other licensed counseling professionals. The bill requires the Department to report the results of such data collection to the Governor, the Secretary of Education, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations no later than December 1, 2020.

Specialty dockets; veterans docket. Providesthat any veterans docket authorized and established as a local specialtydocket in accordance with the Rules of Supreme Court of Virginiashall be deemed a "Veterans Treatment Court Program," as that termis used under federal law or by any other entity, for the purposesof applying for, qualifying for, or receiving any federal grants,other federal money, or money from any other entity designated toassist or fund such state programs. The bill contains an emergencyclause.