Senate Finance and Appropriations Meeting- September 24, 2020

The Senate Finance and Appropriations Committee met this afternoon to consider the remainder of House passed legislation still remaining on the docket. No public comment on legislation was taken by the Committee, but the VSBA Government Relations team provided members with concerns regarding HB 5028 (Jones) which would have established a presumption that COVID-19, causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, first responders, health care providers, and school board employees is an occupational diseases compensable under the Workers' Compensation Act. The provisions of this bill would have been retroactive to January 1, 2020.

Committee members expressed deep concern over the costs associated with this legislation, including the potential $70 million price tag for local school boards. Senator Steve Newman (R-Bedford), motioned the bill be Passed by Indefinitely (PBI). With a unanimous vote, the Senate Finance and Appropriations Committee approved the motion to PBI House Bill 5028.

VSBA believes similar legislation will be part of the House Democrats legislative agenda during the 2021 Regular Session.

Virginia Board of Education Meeting Recap

On September 16th and 17th, the Virginia Board of Education (VBoE) met virtually for their scheduled special committee work session and regular business meeting. A recap of the Board's actions can be found at the link below.

September Meeting Report

Senate Education and Health Committee Meeting- September 22, 2020

The Senate Education and Health Committee met and considered the following piece of legislation of interest to school boards in Virginia:

HB 5113 (Roem) Certain school boards; student meals; participation in the Community Eligibility Provision. Requires each school board that governs a local school division that contains any public elementary or secondary school that is eligible to participate in the Community Eligibility Provision (CEP) administered by the U.S. Department of Agriculture Food and Nutrition Service (FNS) to apply to FNS to participate in CEP for each such school. The bill provides that the Superintendent for Public Instruction shall issue a waiver to this requirement upon determination that participation in CEP is not financially viable for a school or group of schools. The Department of Education shall develop a process and criteria for evaluating such waiver requests. This bill was reported by a unanimous vote of the committee.

Senate Commerce and Labor Committee Meeting- September 16, 2020

The Senate Commerce and Labor Committee met this morning and took action on the following pieces of legislation:

HB 5028 (Jones) Workers' compensation; presumption of compensability for COVID-19. This bill did not receive a hearing and was sent to the Senate Committee on Finance and Appropriations.

A similar bill, SB 5066 (Saslaw), was heard in the Senate Finance and Appropriations committee last week. SB 5066 was Passed by for the Day as members expressed their concerns over the unknown fiscal impact on the legislation and questioned whether it would deter school divisions from returning to in-person instruction. Committee Chair, Senator Janet Howell (D-Fairfax), announced at last week's meeting that no other Senate bills would be heard by the committee during the Special Session which likely tabled SB 5066. 

The VSBA Government Relations team will continue to monitor both SB 5066 and HB 5028 and report back on the latest developments.

The Senate Commerce and Labor Committee also heard HB 5116 (Guzman). This legislation would have guaranteed quarantine leave pay for individuals, or individuals caring for family members who have contracted COVID-19, or who may be self quarantining due to a potential exposure to the virus. The legislation was Passed by Indefinitely by a unanimous vote of the committee.

Special Session Update

State lawmakers are finishing their fourth week of the Special Session of the Virginia General Assembly with the Senate of Virginia having cleared its committee dockets of legislation sponsored by Senate members. Senate Finance and Appropriations Chair, Senator Janet Howell (D-Fairfax) announced at the conclusion of the committee's meeting on Wednesday, September 9, 2020 that the committee would hear no more Senate bills, effectively tabling any legislation from the Senate that did not receive committee approval.

During Wednesday's committee meeting, Senate members heard a proposed substitute to SB 5066 (Saslaw). This legislation was originally filed to deem COVID-19 as an occupational disease which would allow firefighters a presumption of contracting the virus while at work. In the committee process, the legislation was expanded to cover additional employee classifications including teachers that provide at least two days of in-person instruction. VSBA monitored this legislation and provided Senate Finance and Appropriations Committee members and staff with concerns regarding this legislation. 

SB 5066 was Passed by for the Day by the committee as members expressed their uneasiness with the cost of this legislation. Senator Chap Petersen (D-Fairfax City), additionally voiced opposition over his worry that if the bill passed that many schools would not return to in-person instruction. With Senator Howell's announcement that the committee was through with hearing Senate bills, the committee's action of Passing the Bill by for the Day effectively tabled the legislation. VSBA will continue to work with committee members and staff as the Special Session continues.

The VSBA Government Relations team is also closely monitoring two pieces of legislation that has passed in the House of Delegates. HB 5028 (Jones), establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, first responders, health care providers, and school board employees is an occupational diseases compensable under the Workers' Compensation Act. The provisions of this bill would be retroactive to January 1, 2020. This legislation differs from SB 5066 as it includes "all school board employees" in its provisions whereas the Senate bill only included teachers who provided two or more days of in-person instruction.

A second bill, HB 5116 (Guzman), requires public and private employers to provide eligible employees 14 days of paid quarantine leave. The bill provides that such paid quarantine leave is available for immediate use by the employee, regardless of how long the employee has been employed by the employer. Similar bills were filed in the Senate but failed to report from committee. 

We anticipate lawmakers to reveal their plans for budget revisions due to the COVID-19 pandemic's impact on the economy soon. It remains to be seen if budget writers will address the reduction in sales tax revenue to school divisions or loss of enrollment funding. 

The VSBA Government Relations team has worked throughout the Special Session to inform lawmakers in both chambers of the legislature of our concerns, support, or opposition to pending legislation. We will continue to monitor the referenced legislation, as well as any additional legislation that impacts our school board members and Alert members when it is necessary to contact your Senator or Delegate. 

August General Fund Numbers Announced

The Northam Administration announced yesterday that August General Fund revenue collections decreased 0.2 percent from the previous year.

“Despite trying economic conditions, collections from payroll withholding and sales taxes remained steady,” said Governor Northam. “We look forward to September’s receipts, which will provide more insight into Virginia’s financial picture.” 

With one less deposit day than August of last year, collections of payroll withholding taxes decreased 4.0 percent in August. Collections of sales and use taxes, reflecting July sales, grew 1.2 percent in August. Recordation taxes from real estate transactions increased by 31.3 percent.  

On a year-to-date basis, collections of payroll withholding taxes—64 percent of General Fund revenues—were down 1.9 percent, below the annual estimate of a 2.4 percent increase. Sales tax collections—16 percent of General Fund revenues—grew 15.0 percent year-to-date, ahead of the forecast of a 9.7 percent decline. On a fiscal year-to-date basis, total revenue collections rose 11.6 percent in August, above the annual forecast of a 1.8 percent decline. 

The full report is available here.

General Assembly Seeks Input on Paid Family and Medical Leave

The Virginia General Assembly is studying the development and implementation of a statewide paid family and medical leave program for all employers. Part of the study includes getting feedback from both employees and employers through an online survey.

Responses provided before September 11, 2020 will be used to help develop recommendations for the 2021 General Assembly session. Please consider participating in this important process!

The survey is located at https://vccsedu.az1.qualtrics.com/jfe/form/SV_7aEFsGGJ2w6ihN3

Senate Finance and Appropriations Committee Meeting- September 2, 2020

The Senate Finance and Appropriations Committee met on September 2, 2020 to discuss the following legislation of interest to school boards in the Commonwealth. Once the meeting is posted in the Senate archives, it can be viewed by clicking here.

SB 5004 (Kiggans) School personnel; school nurses. Excludes school nurse positions from requirements for student support positions and instead requires each local school board to employ at least one full-time equivalent school nurse position in each elementary school, middle school, and high school in the local school division. It was the preference of the committee to Pass By Indefinitely this legislation by a vote of 14-1.

SB 5069 (Ruff) Public schools; declared state of emergency; average daily membership. Provides that in the event that a declared state of emergency causes a disruption in the provision of in-person instruction for students that affects the calculation of average daily membership in a local school division as of March 31 in any school year, such membership shall consist of the greater of the average daily membership as of March 31 in the affected school year and the average daily membership as of March 31 in the immediately preceding school year. It was the preference of the committee to Pass By Indefinitely this legislation by a vote of 8-6.

SB 5094 (Dunnavant) School boards; teachers; paid leave; COVID-19; emergency. Requires each school board to provide to each teacher in the local school division up to 14 days of paid leave, in addition to any other paid leave to which such individual is otherwise entitled, that may be used in the event that the teacher (i) has been exposed to the COVID-19 virus and is required to self-quarantine, (ii) contracts COVID-19, or (iii) is required to provide care for a family member who contracts COVID-19. The bill contains an emergency clause. It was the preference of the committee to Pass By Indefinitely this legislation by a vote of 14-0.

USDA Extends Waivers Through December 31, 2020

Yesterday, U.S. Secretary of Agriculture Sonny Perdue announced the U.S. Department of Agriculture (USDA) will extend several flexibilities through as late as December 31, 2020. The flexibilities allow summer meal program operators to continue serving free meals to all children into the fall months. This decision will help ensure – no matter what the situation is on-the-ground – children have access to nutritious food as the country recovers from the COVID-19 pandemic.

To read the full release from the USDA click here. 

House Appropriations Committee Meeting- August 31, 2020

The House Appropriations Committee met virtual yesterday afternoon and considered the following pieces of legislation of interest to school boards in the Commonwealth. If you have any questions, please contact J.T. Kessler at jason@vsba.org. To review a recording of the committee's proceedings, click here.

HB 5028 (Jones) Workers' compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, first responders, health care providers, and school board employees is an occupational diseases compensable under the Workers' Compensation Act. The provisions of the bill will be effective retroactive to January 1, 2020. This bill was reported with amendment to the floor by a vote of 14-8.

HB 5113 (Roem) Certain school boards; student meals; participation in the Community Eligibility Provision. Requires each school board that governs a local school division that contains any public elementary or secondary school that is eligible to participate in the Community Eligibility Provision (CEP) administered by the U.S. Department of Agriculture Food and Nutrition Service (FNS) to apply to FNS to participate in CEP for each such school. The bill was reported to the floor with amendment by a vote of 22-0.