Workforce

Included in our efforts was support for HB  2434 (Kilgore)/SB 1366 (Saslaw) – Health benefits exchange; intent to develop. This bill is focused on the Commonwealth’s efforts to create and operate its own health benefits exchange or exchanges that meet the relevant requirements of the federal Affordable Care Act. This bill urges participation by the General Assembly, relevant experts, and stakeholders to provide recommendations for consideration by the 2012 Session of the General Assembly regarding the structure and governance of the Virginia Exchange. The DRCC felt was important to support this legislation in order to ensure businesses have a voice as the exchange in Virginia is developed and was pleased to see the House version of this bill successfully advance this session. The Senate version of the bill was amended during the process and the patron, therefore, decided to strike the bill from the calendar, given the success of the House version of the bill without the amendment of concern. (Updated 03/2011)

The DRCC also participated in the Virginia Employers for Sensible Immigration Policy coalition, which was focused on the range of E-Verify mandate bills that were introduced this session, including varying mandates on employers to use the E-Verify program to verify legal presence for their employees. Early in the session, there was significant concern that we would not have the success we have had previously stopping these types of measures in the Senate. For that reason, the decision was made to shift gears and work with the Senate patrons of the legislation, Sen. Jeff McWaters and Sen. George Barker, to minimize the impact of what would eventually pass, to the best extent possible.

We were ultimately successful in ensuring that the mandate is only focused on those employers with an average of 50 employees or more for the previous 12 months who seek to contract with the Commonwealth of Virginia. In addition, the bill will not take effect until December 1, 2013. It does not include smaller employers or those who are subcontractors, which were both priorities.

When the Senate version of this bill was considered on the House floor in the final days of the session, several members of the House sought to amend the bill to broaden the impact we had fought so hard to minimize. Fortunately, when the bill was sent to a Committee of Conference, the Senate patrons, as well as Del. Dave Albo, held firm to the compromise agreement that was forged earlier in the session with the business community. We are now focused on the Governor to ensure he does not attempt to amend the bill in a way that would increase the burden on Virginia employers. (Updated 03/2011)

The DRCC also monitored a number of other initiatives in the workforce area that were, ultimately, not successful this session, including HB 2052 (Hugo), which would have declared that in any procedure providing for the designation, selection, or authorization of a labor organization to represent employees, the right of an individual employee to vote by secret ballot is a fundamental right that shall be guaranteed from infringement. This was passed by indefinitely by the Senate Commerce and Labor Committee by a party-line vote, as was the Senate version of this bill, which was introduced by Sen. Walter Stosch. There were also several Constitutional amendments focused on preserving Virginia’s right to work status, which were also unsuccessful this session. (Updated 03/2011)