Saturday, September 12, 2020

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.