Private family leave insurance; definition, establishes as a class of insurance.
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SB 15 — Private family leave insurance; definition, establishes as a class of insurance.
Last action — Approved by Governor-Chapter 131 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced December 20, 2021. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 07, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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4 sponsors
1 primary, 3 co-sponsors signed on.
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Cleared a recorded vote
Passed 5 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Private family leave insurance. Establishes family leave insurance as a class of insurance. The bill defines "family leave insurance" as an insurance policy issued to an employer related to a benefit program provided to an employee to pay for the employee's income loss due to (i) the birth of a child or adoption of a child by the employee; (ii) placement of a child with the employee for foster care; (iii) care of a family member of the employee who has a serious health condition; or (iv) circumstances arising out of the fact that the employee's family member who is a service member is on active duty or has been notified of an impending call or order to active duty. Under the bill, family leave insurance may be written as an amendment or rider to a group disability income policy, included in a group disability income policy, or written as a separate group insurance policy purchased by an employer. The bill prohibits delivery or issue for delivery of a family leave insurance policy unless a copy of the form and the rate manual showing rates, rules, and classification of risks have been filed with the State Corporation Commission. The bill prohibits an individual certificate and enrollment form from being used in connection with a group family leave insurance policy unless the form for the certificate and enrollment form have been filed with the Commission. The bill provides that "life and annuities insurance agent" means an agent licensed in the Commonwealth to sell, solicit, or negotiate, among other types of insurance, family leave insurance on behalf of insurers licensed in the Commonwealth. This bill is identical to HB 1156.
Bill Text
What changed in the latest version
317 added · 302 removedPlain-language change summary
The amendment to Bill SB 15 updates the terminology and regulatory framework surrounding paid family leave insurance in Virginia. Specifically, the new version introduces "private family leave insurance," detailing its scope, including benefits for employees taking leave due to childcare, serious health conditions, or military service. This change is important because it clarifies the types of coverage available to employees and ensures that employers can offer this support effectively, ultimately helping families manage caregiving responsibilities without compromising their income.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E131 An Act to amend and reenact §§ 38.2-135, 38.2-316, and 38.2-1800 of the Code of Virginia and toNto familyamend leavethe insurance.niaCode of Virginia by adding a section numbered 38.2-107.2, relating to insurance;
pRivateprivate Ofamily [Sleave 15]insurance. L Approved L Be it enacted by the General Assembly of Virginia:
E[S 1.15] Approved April 7, 2022 Be it enacted by the General Assembly of Virginia:
That1. §§ 38.2-135, 38.2-316, and 38.2-1800 of the Code of Virginia are amended and reenacted D and§ 38.2-107.2.
PrivateThat family§§ leave38.2-135, insurance.ng38.2-316, and 38.2-1800 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 38.2-107.2 as follows:
"Family§ leave38.2-107.2. insurance" means an insurance policy issued to an employer related to a benefit program provided to an employee to pay for a percentage or portion of the employee's income loss due to (i) the birth of a child or adoption of a child by the employee;
(ii)Private placementfamily ofleave ainsurance. child with the employee for foster care;
(iii)"Family careleave ofinsurance" means an insurance policy issued to an employer related to a familybenefit memberprogram ofprovided theto an employee whoto haspay for a seriouspercentage healthor condition;portion of the employee's income loss due employee for foster care;
or(iii) (iv)care circumstances arising out of thea fact that the employee's family member whoof isthe aemployee servicewho member is on active duty or has beena notifiedserious ofhealthth anthe impendingcondition; call or order to active dBty.
Familyor leave(iv) insurancecircumstances mayarising beout writtenof asthe anfact amendmentthat orthe rideremployee's tofamily amember groupwho disabilityis incomea pol5cy,service bymember anis employer.roupon disabilityactive incomeduty policy, or writtenhas asbeen anotified separateof groupan insuranceimpending policycall pErchasedor §order 38.2-135.to active duty.
Family leave insurance may be written as an amendment or rider to a group disability income policy, included in a group disability income policy, or written as a separate group insurance policy purchased by an employer.
§ 38.2-135.
R Except as otherwise provided in this title and subject to any conditions and restrictions imposed therein, any insurer licensed to transact the business of insurance in this the Commonwealth, other than life insurers and title insurers, may be licensed to write one or more of the classes of insurance enumerated in Article 2 (§ 38.2-101 et seq.) of this chapter that it is authorized under its charter to write, except life insurance, industrial life insurance, credit life insurance, variable life insurance, modified guaranteed life insurance, annuities, variable annuities, modified guaranteed annuities, and title of insurance except modified guaranteed life insurance, variable life insurance, annuities, modified class guaranteed annuities, variable annuities, credit life insurance, credit accident and sickness insurance, accident and sickness insurance, and industrial life insurance and family leave insurance.
An insurer licensed to write life insurance shall not be licensed to write any additional class of insurance except modified guaranteed life insurance, variable life insurance, annuities, modified guaranteed annuities, variable annuities, credit life insurance, credit accident and sickness insurance, accident and sickness insurance, and industrial life insurance, and family leave insurance.
No company shall write any class of insurance unless it has§has 38.2-316.a current annual license from the Commission to do so.
§ 38.2-316.
and no fraternal benefit certificate nor any certificate or evidence of coverage issued in connection with such policy, contract, or plan issued or issued for delivery in Virginia shall be delivered or issued for delivery in this the Commonwealth unless a copy of the form has been filed with the Commission.
No individual certificate and no enrollment form shall be used in connection with any group life insurance policy, group accident and sickness insurance policy, group annuity contract, or group variable annuity contract, or group family leave insurance policy unless the form for the certificate and enrollment form of 6 have been filed with the Commission.
None of the policies, contracts, and certificates specified in subsection A of this section shall of 5 be delivered or issued for delivery in this the Commonwealth and no applications, enrollment forms, riders, and endorsements shall be used in connection with the policies, contracts, and certificates unless the forms thereof have been approved in writing by the Commission as conforming to the requirements of this title and not inconsistent with law.
of 6 "Agent," "insurance agent," "producer," or "insurance producer," when used without qualification, means an individual or business entity that sells, solicits, or negotiates contracts of insuranEeinsurance or annuity in the Commonwealth.
"Appointed agent," "appointed insurance agent," "appointed producer," or "appointed insurance producer," when used without qualification, means an individual or business entity licensed in Rhethe of 5 Commonwealth to sell, solicit, or negotiate contracts of insurance or annuity of the classes authorized within the scope of such license and who is appointed by a company licensed in the Commonwealth to sell, solicit, or negotiate on its behalf contracts of insurance of the classes authorized within the scope of such license and, if authorized by the company, may collect premiums on those contracts.
L "Business entity" means a partnership, limited partnership, limited liability company, corporation, or other legal entity other than a sole proprietorship.
L "Dental plan organization authority" means the authority in the Commonwealth to sell, soliciE,solicit, or negotiate dental benefit contracts on behalf of dental plan organizations licensed under Chapter 61 (§ 38.2-6100 et seq.).
D "Dental services authority" means the authority in the Commonwealth to sell, solicit, or negotiate dental services plan contracts on behalf of dental services plans licensed under Chapter 45 (§ 38.2-4500 et "Filed"seq.). means received by the Commission.
"Health"Filed" agent" means anreceived agent licensed in the Commonwealth to sell, solicit, or negotiate insurance as defined in §§ 38.2-108 and 38.2-109, and including contracts issued by insurers, health services plans, health maintenance organizations, dental services plans, optometric services plans, and dental Slan organizations licensed in the Commonwealth.Commission.
1"Health "Homeagent" protection insurance authority" means thean authorityagent licensed in the Commonwealth to sell, solicEt,solicit, or negotiate home protection insurance as defined in §§§ 38.2-12938.2-108 onand behalf38.2-109, ofand insurersincluding contracts issued by insurers, health services plans, health maintenance organizations, dental services plans, optometric services plans, and dental plan organizations licensed in Rhethe Commonwealth.
"Home state"protection means the District of Columbia and any state or territory of the United States, except Virginia, or any province of Canada, in which an insurance producer maintains such person's principal insurance producer.or principal place of business and is licensed by that jurisdiction to act as a resident "Legal services insurance authority" means the authority in the Commonwealth to sell, solicit, or negotiate legalhome servicesprotection insurance as defined in § 38.2-12738.2-129 on behalf of insurers licensed in the Commonwealth.
"Home state" means the District of Columbia and any state or territory of the United States, except Virginia, or any province of Canada, in which an insurance producer maintains such person's principal place of residence or principal place of business and is licensed by that jurisdiction to act as a resident insurance producer.
"Legal services insurance authority" means the authority in the Commonwealth to sell, solicit, or negotiate legal services insurance as defined in § 38.2-127 on behalf of insurers licensed in the Commonwealth.
"Licensed agent," "licensed insurance agent," "licensed producer," or "licensed insurance producer," when used without qualification, means an individual or business entity licensed in the Commonwealth to sell, solicit, or negotiate contracts of insurance or annuity of the classes authorized within the scope of such license.
"Limited burial insurance authority" means the authority in the Commonwealth to sell, solicit, or negotiate burial insurance society membership where the certificates of membership are used solely to fund preneed funeral contracts on any individual, on behalf of insurers licensed under Chapter 40 members(§ of38.2-4000 thatet associationseq.); for association group life insurance certificates where the funds are useding solely to fund preneed funeral contracts.
or to represent an association referred to in § 38.2-3318.1, limited to soliciting members of that association for association group life insurance certificates where the funds are used solely to fund preneed funeral contracts.
and (vii) any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing that credit obligation and that the Commission specifically determines may be sold, solicited, or negotiated by those holding a limited lines credit insurance agent license.
Each insurer that sells, solicits or negotiates any of the coverages set forth in this definition of 6 shall provide to each individual whose duties will include selling, soliciting or negotiating such coverages a program of instruction that may, at the discretion of the Commission, be submitted for approval by the Commission or reviewed by the Commission subsequent to its implementation.
and dental plan of 5 organization authority.
"Negotiate" means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, of 6 terms or conditions of the contract, provided that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers.
E "Ocean marine insurance authority" means the authority in the Commonwealth to sell, solicit, or negotiate those classes of insurance classified in § 38.2-126, except those classes specifically classified as inland marine insurance, on behalf of insurers licensed in the Commonwealth.
R "Optometric services authority" means the authority in the Commonwealth to sell, solicit, or negotiate (§optometric 38.2-4500services etplan seq.).an contracts on behalf of optometric services plans licensed under ChapteOChapter 45 "Personal(§ lines38.2-4500 agent"et meansseq.). an agent licensed in the Commonwealth to sell, solicit, or negotiate insurance as defined in §§ 38.2-110 through 38.2-114, 38.2-116, 38.2-117, 38.2-118, 38.2-124, 38.2-125, 38.2-126, 38.2-129, 38.2-130, and 38.2-131 for transactions involving insurance primarily for personal, family, or household needs rather than for business or professional needs.
E"Personal "Petlines accident,agent" sickness and hospitalization insurance authority" means thean authorityagent licensed in the Commonwealth to sell, solicit, or negotiate petinsurance accident,as sicknessdefined in §§ 38.2-110 through 38.2-114, 38.2-116, 38.2-117, 38.2-118, 38.2-124, 38.2-125, 38.2-126, 38.2-129, 38.2-130, and hospitalization38.2-131 for transactions involving insurance onprimarily behalffor personal, of insurers5 licensedfamily, inor thehousehold Commonwealth.needs rather than for business or professional needs.
"Property"Pet accident, sickness and casualtyhospitalization insurance agent"authority" means anthe agentauthority licensed in the Commonwealth to sell, 38.2-122.2,solicit, andor §§negotiate 38.2-124pet throughaccident, 38.2-134sickness and hospitalization insurance on behalf of insurers licensed in the Commonwealth.throughCommonwealth. "Resident" means (i) an individual residing in Virginia;
Show all 54 changed lines (14 more)
(ii)"Property anand individualcasualty residinginsurance outsideagent" ofmeans Virginiaan whoseagent principallicensed place of business is in Virginia,the whoCommonwealth is able to demonstratesell, tosolicit, theor satisfactionnegotiate ofboth thepersonal Commissionand thatcommercial thelines laws of hisinsurance homeas statedefined preventin him§§ from38.2-110 obtainingthrough a38.2-122.2, resident agent license Sn that state, and who§§ affirmatively38.2-124 choosesthrough to38.2-134 qualifyon asbehalf and be treated as a resident of Virginiainsurers for1purposeslicensed of licensing and continuing education, both in Virginia and in the stateCommonwealth. in which the individuaE resides, if applicable;
"Resident" means (i) an individual residing in Virginia;
(ii) an individual residing outside of Virginia whose principal place of business is in Virginia, who is able to demonstrate to the satisfaction of the Commission that the laws of his home state prevent him from obtaining a resident agent license in that state, and who affirmatively chooses to qualify as and be treated as a resident of Virginia for purposes of licensing and continuing education, both in Virginia and in the state in which the individual resides, if applicable;
(iv) a corporation incRrporatedincorporated and existing under the laws of Virginia;
or (vi) a foreign business entity that is not licensed as a resident agent in any other jurisdiction, and that demonstrates to the satisfaction of the Commission that its principal place of bus"Restrictedbusiness nonresidentis healthwithin agent" means a nonresident agent whose license authority in his home state does not include all of the authorityCommonwealth grantedof under a health agent license in Virginia.
"Restricted nonresident health agent" means a nonresident agent whose license authority in his home state does not include all of the authority granted under a health agent license in Virginia.
The license issued to such agent shall authorize the agent to sell, solicit, or negotiate in Virginia, on behalf of insurers licensed in Virginia, only those kinds or classes of insurance for which the"Restricted nonresident personal lines agent" means a nonresident agent whose license authority in his home state does not include all of the authority granted under a personal lines agent license in Virginia.
"Restricted nonresident personal lines agent" means a nonresident agent whose license authority in his home state does not include all of the authority granted under a personal lines agent license in Virginia.
The license issued to such agent shall authorize the agent to sell, solicit, or negotiate in Virginia, on behalf of insurers licensed in Virginia, only those kinds or classes of insurance for which the agent is authorized in his home state.
The license issued to such agent shall authorize the agent to sell, solicit, or negotiate in Virginia, on behalf of insurers licensed in Virginia, only those kinds or classes of insurance for"Sell" means to exchange a contract of insurance by any means, for moneywhich orthe itsagent equivalent,is onauthorized behalfin ofhis anhome insurer.state.
"Sell" means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurer.
"Surplus lines broker" means a person licensed pursuant to Article 5.1 (§ 38.2-1857.1 et seq.) of this chapter, and who is thereby authorized to engage in the activities set forth in Chapter 48 (§ 38.2-4805.1 et "Terminate"seq.). means the cancellation of the relationship between an insurance producer and the insurer, or the termination of an insurance producer's authority to transact insurance.
of"Terminate" 6 "Title insurance agent" means anthe agentcancellation licensedof in the Commonwealthrelationship tobetween sell,an solicit,insurance orproducer negotiate title insurance, and performingthe allinsurer, ofor the servicestermination set forth in § 38.2-4601.1, on behalf of titlean insurance companiesproducer's licensedauthority underto Chaptertransact 46insurance. (§ 38.2-4600 et seq.).
"Title insurance agent" means an agent licensed in the Commonwealth to sell, solicit, or negotiate title insurance, and performing all of the services set forth in § 38.2-4601.1, on behalf of title insurance companies licensed under Chapter 46 (§ 38.2-4600 et seq.).
Show all 54 changed rows (14 more)
View plain text versions (4)
- CHAP0131 View text Current pdf April 07, 2022
- SB15ER View text pdf March 01, 2022
- Committee Substitute Committee substitute printed 22103667D-S1 pdf February 07, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22100300D pdf December 20, 2021
Action History
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Approved by Governor-Chapter 131 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 11, 2022
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Signed by President
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Signed by Speaker
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Impact statement from SCC (SB15ER)
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Enrolled
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VOTE: Block Vote Passage (99-Y 0-N)
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Passed House BLOCK VOTE (99-Y 0-N)
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Read third time
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Read second time
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Reported from Commerce and Energy (22-Y 0-N)
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Referred to Committee on Commerce and Energy
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Read first time
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Placed on Calendar
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Impact statement from SCC (SB15S1)
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Read third time and passed Senate (37-Y 2-N 1-A)
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Engrossed by Senate - committee substitute SB15S1
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Committee substitute agreed to 22103667D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (40-Y 0-N)
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Committee substitute printed 22103667D-S1
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Reported from Commerce and Labor with substitute (14-Y 1-N)
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Senate subcommittee amendments and substitutes offered
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Impact statement from SCC (SB15)
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Assigned C&L sub: Labor and Employment
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Referred to Committee on Commerce and Labor
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Prefiled and ordered printed; offered 01/12/22 22100300D
Sponsors
- Jennifer B. Boysko · Cosponsor
- Barbara A. Favola · Primary
- Kaye Kory · Cosponsor
- Siobhan S. Dunnavant · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 3 co-sponsors · 144 not signed on · 3 voted No
Sponsors (1)
Co-sponsors (3)
Not signed on (144)
144 members have not signed on to this bill.
Show all 144 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 98 | 0 | 0 | 1 |
| Total | 98 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Alfonso H. Lopez | — | Yea |
| Batten, Amanda E. | — | Yea |
| Byron, Kathy J. | — | Yea |
| Christopher T. Head | — | Yea |
| Don Scott | — | Yea |
| Gooditis, Wendy W. | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| Israel D. O'Quinn | — | Yea |
| Jeion A. Ward | — | Yea |
| Joseph P. McNamara | — | Yea |
| Keam, Mark L. | — | Yea |
| Kory, Kaye | — | Yea |
| Lamont Bagby | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Michael J. Webert | — | Yea |
| Mullin, Michael P. | — | Yea |
| R. Lee Ware | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Tony O. Wilt | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 2 | 0 | 1 |
| Total | 37 | 2 | 0 | 1 |
| % of votes cast | 93% | 5% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 1 | 0 | 0 |
| Total | 14 | 1 | 0 | 0 |
| % of votes cast | 93% | 7% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Nay |
| R. Creigh Deeds | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
Subjects
Frequently asked questions
- What does SB 15 do?
- Private family leave insurance. Establishes family leave insurance as a class of insurance. The bill defines "family leave insurance" as an insurance policy issued to an employer related to a benefit program provided to an employee to pay for the employee's income loss due to (i) the birth of a child or adoption of a child by the employee; (ii) placement of a child with the employee for foster care; (iii) care of a family member of the employee who has a serious health condition; or (iv) circumstances arising out of the fact that the employee's family member who is a service member is on active duty or has been notified of an impending call or order to active duty. Under the bill, family leave insurance may be written as an amendment or rider to a group disability income policy, included in a group disability income policy, or written as a separate group insurance policy purchased by an employer. The bill prohibits delivery or issue for delivery of a family leave insurance policy unless a copy of the form and the rate manual showing rates, rules, and classification of risks have been filed with the State Corporation Commission. The bill prohibits an individual certificate and enrollment form from being used in connection with a group family leave insurance policy unless the form for the certificate and enrollment form have been filed with the Commission. The bill provides that "life and annuities insurance agent" means an agent licensed in the Commonwealth to sell, solicit, or negotiate, among other types of insurance, family leave insurance on behalf of insurers licensed in the Commonwealth. This bill is identical to HB 1156.
- Who sponsors SB 15?
- SB 15 is sponsored by Jennifer B. Boysko, Barbara A. Favola, Kory, Kaye, and Dunnavant, Siobhan S..
- What is the current status of SB 15?
- This bill has been enacted into law. Introduced December 20, 2021. Enacted.
- Where can I track SB 15?
- Track SB 15 free on One Click Politics — get push/email alerts when it moves.
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