eNews January 28, 2022
Friday, January 28, 2022 - 06:46pm
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In this issue:
- Legislation allowing firearms in city or town halls dies in the Senate
- Bill making law enforcement officers’ disciplinary records available to the public fizzles in subcommittee
- Law enforcement citizen complaint law referred to committee
- Subcommittee recommends tabling bill that would increase information collected at traffic stops
- Bills that have passed Senate General Laws and Technology
- Bills that have passed the House Counties, Cities and Towns full committee
- Cemetery sales bill presents problems for local governments
- Bills that passed the Senate Rules Committee
- Eminent Domain bills would make condemnation cases more expensive for localities
- Transit bus bill on the move; brakes put on speed camera and speed limit bills
- Transportation budget amendments outlined
- Many jail bills and budget amendments introduced: Some good, some more complex
- Health department operations bills in play
- CSA special education bill advances
- Bills introduced to make Marcus Alert optional
- Subcommittee recommends tabling bills to expand hazardous duty benefits
Finance
A time for balanced local budget bumper stickers
We are at the close of the third week of the 2022 Session and the fiscal kitchen is getting crowded. VML continues to educate legislators on the affects certain bills would have on local budgets, with particular focus on bills that would curtail two vital sources of local revenue: property taxes and sales taxes. Together, these sources are 68 percent of the total revenue for local governments.
Let’s look at these bills and their potential negative local impacts.
Property taxes – Don’t California my Virginia!
SB620 (Cosgrove) and HB1010 (Durant) would require localities to hold a binding referendum to approve any increase to the local property tax rate that is greater than one percent. Here’s why these should be a big concern for local governments:
- As happened in California and Massachusetts, this would blow a hole in local budgets and likely lead to the state government needing to take over additional public services that are now performed by local governments.
- In FY2018, the real property tax accounted for 64.6 percent of county revenues, 29.1 percent of town revenues, and 55.5 percent of city revenues. These revenues fund K-12 education, public safety, elections administration, social services, and behavioral health.
- Decisions about taxes and the use of revenues are among the most fundamental to governing. The General Assembly should not tie the hands of local elected officials who are the closest and most responsive to the people of Virginia.
Sales tax on groceries – Hold local budgets harmless!
VML is continuing to monitor efforts from Governor Youngkin and the General Assembly to exempt groceries from state and local sales taxes. Here’s what you need to know:
- Because groceries are about 17 percent of sales, the Department of Taxation estimates that exempting these products from sales taxes would mean a revenue reduction of $650 – $700 million every year to the Commonwealth and its localities.
- VML is grateful that, as drafted, SB380 (McDougle) and HB90 (McNamara) would replace most of that lost revenue to local governments. However, in their current forms, SB380 and HB90 do not fully replace the local revenue that would be lost.
- SB571 (Newman), SB609 (DeSteph), and HB1008 (Durant) would also fully exempt groceries from state and local sales taxes, but these bills currently would not replace lost revenue to local governments.
- State-led changes to local tax rates must be joined at the hip with state-proposed solutions that will prevent funding cuts to local governments, especially for public education, public safety, and public health as we emerge from the pandemic.
Over the next three weeks, the House and Senate money committees will be deliberating on these and other fiscal matters that are vitally important to local governments.
Please communicate to your General Assembly members that local governments cannot afford funding cuts, particularly as demands for public services continue to increase.
VML staff will be monitoring these developments every step of the way to educate legislators and keep our members updated.
VML Contact: Carter Hutchinson, chutchinson@vml.org
Local Government Legislation
Legislation allowing firearms in city or town halls dies in the Senate
Similar House bills survive (for now)
The Senate Judiciary Committee ended the life of SB74 (Chase), SB61 (Hackworth), and SB763 (Obenshain) Wednesday. SB74 would have repealed the authority granted local governments in 2020 to prohibit firearms in public buildings. SB763 and SB61 would have meant that anyone with a concealed weapon permit would be exempt from the public building prohibition. In preparing for the committee, several localities let us know that their governing bodies had adopted regulations to prohibit weapons and had put up signs for the public. Only two localities identified that they were using metal detectors.
The House is dealing with similar bills: HB483 (Freitas), HB827 (Wilt) and HB1033 (Davis). HB827 was recommended for reporting by a House Public Safety subcommittee Thursday, and the same result is expected for the other House bills. Their survival in the Senate is less likely.
VML Contact: Mark Flynn, markkflynn@gmail.com
Bill making law enforcement officers’ disciplinary records available to the public fizzles in subcommittee
HB493 (Mullin) would have opened law enforcement officer disciplinary records to public disclosure. The House Public Safety Subcommittee #2 recommended tabling the bill Thursday, meaning it will not advance if the full committee follows the recommendation.
Although the bill had the blessing of the Freedom of Information Act Council, VML has serious concerns as it would open sensitive personnel records to disclosure. This disclosure could very easily result in defamation lawsuits brought by affected police officers against localities.
VML Contact: Mark Flynn, markkflynn@gmail.com
Law enforcement citizen complaint law referred to committee
For years, the law has required police departments with 10 or more police to establish a system for citizens to file complaints about police behavior. SB669 (Surovell) expands the rules by applying it to any department with two or more officers; requiring a website portal to file the complaints; and, requiring the department to provide the complainant the results of its investigation of the complaint.
The Senate Judiciary Committee will take up the bill Monday, January 31st.
VML Contact: Mark Flynn, markkflynn@gmail.com
Subcommittee recommends tabling bill that would increase information collected at traffic stops
HB1142 (Torian) Virginia Community Policing Act; collection of data and reporting requirements. Would require each police officer to record a significant amount of information every time he or she stopped a person, whether a ticket is issued or not. The information includes location, ethnicity of the officer, duration of the stop, whether a search was conducted, and other information.
If enacted, this would create significantly more paperwork for each police stop, no matter how benign. For example, if a driver turned without using a turn signal and the officer stopped the person to encourage him to use signals, the stop would become an electronic record. The subcommittee recommended tabling the bill, which will end its life if the full committee agrees.
VML Contact: Mark Flynn, markkflynn@gmail.com
Bills that have passed Senate General Laws and Technology
SB57 (Locke) State and Local Government Conflict of Interests Act; definition of gift; certain tickets and registration or admission fees. Exempts from the definition of “gifts” tickets, registration, or admission fees to an event that are provided by an agency that are provided to a locality’s own officers or employees. This bill overturns an advisory opinion of the Conflict of Interest and Ethics Advisory Committee from November of 2020.
SB152 (Locke) Virginia Freedom Act and Virginia Freedom of Information Advisory Council; definition; official public government website. Defines “official government website” to be an internet site controlled by the public body and used to publish notices and other content required by the Freedom of Information Act (FOIA) on behalf of the public body. This bill is a recommendation of the FOIA Council.
SB214 (McPike) Virginia Freedom of Information Act; meetings conducted through electronic meetings. This bill sets out parameters for public bodies to hold electronic meetings outside of the state of emergency when following rules as set out in the bill. VML, VACo, the Coalition on Open Government and the Press Association worked very hard on this bill and support it.
VML Contact: Michelle Gowdy, mgowdy@vml.org
Bills that have passed the House Counties, Cities and Towns full committee
HB167 (Ransone) Publication of notice by localities. If a locality has submitted a correct and timely notice request to a newspaper and the newspaper fails to publish the notice – or publishes the notice incorrectly – the locality shall be deemed to have met the appropriate notice requirements. VML, VACo and the Press Association worked on this bill together.
HB267 (McNamara) Local taxes; surplus revenues. Current law allows a locality to return surplus real property taxes to taxpayers; this bill adds surplus personal property taxes to the mix.
HB173 (Marshall) Martinsville, City of; approval of voters before city can revert to town status. Requires the City of Martinsville to obtain approval of the voters prior to reverting to town status (although the County and City have already executed a valid voluntary settlement agreement on this issue).
HB272 (Marshall) Local land use approvals; extension of approvals to address the COVID-19 pandemic. Extends from July 1, 2022, to July 1, 2023, the sunset date for various land use approvals that were valid and outstanding as of July 1, 2020.
HB437 (Bulova) Localities; public meeting during state project planning phase. Currently state agencies responsible for the construction, operation, or maintenance of public facilities after giving notice of a capital project involving new construction over $500,000 shall upon request of the locality to transmit the plans for comment. This bill adds that the locality may also request one public meeting in the locality to solicit public input during the planning phase of the project.
Charter bills
The following charter bills were reported out of the full committee:
The following charter bills passed out of the charter bill subcommittee (Subcommittee #1):
- HB1 (Wright) Town of South Hill
- HB2 (Wright) Town of Victoria
- HB52 (Morefield) Town of Tazewell
- HB218 (Wright) Town of Clarksville
- HB219 (Wright) Town of Kenbridge
- HB220 (Wright) Town of Blackstone
- HB315 (Rasoul) City of Roanoke
- HB321 (Williams Graves) City of Norfolk
- HB339 (Simon) City of Falls Church
- HB556 (O’Quinn) City of Bristol
- HB700 (Keam) Town of Vienna
- HB822 (Torian) Town of Occoquan
- HB1028 (LaRock) Town of Lovettsville
- HB1163 (Greenhalgh) City of Virginia Beach
- HB1256 (Wright) Town of Chase City
VML Contact: Michelle Gowdy, mgowdy@vml.org
Cemetery sales bill presents problems for local governments
HB615 (Roem) Sale of Cemeteries owned by a locality; notice to descendants. This bill is bad for local government. It requires a city or county to make a good faith effort to ensure prior to any sale that the ownership of the cemetery is vested in the estate of the last owner of record or that permission is granted by the family members or descendants of such owner.
This bill was reported out of the House General Laws Subcommittee #1 on January 27th in a 7-1 vote.
VML Contact: Michelle Gowdy, mgowdy@vml.org
Bills that passed the Senate Rules Committee
SB417 (Stanley) Virginia Code Commission; work group to review public notices required to be published by localities. Asks the Code Commission to convene a work group to compile the public notice requirements for localities. The study will look at the varying frequency for publishing notices, the number of days required in between notices and the amount of information required in the notice. Recommendations are to be made to General Laws Committees by November 1, 2022. This bill was at the request of VML, VACo and the Press association
SJ10 (Surovell) Study; joint subcommittee to study pandemic response and preparedness in the Commonwealth; report. Establishes a joint subcommittee to study pandemic response and preparedness in the Commonwealth. The study will include a review of existing law and includes local governments both rural and urban along with health districts, the judicial system, all branches of state government, education at all levels, and business regulators. This is a two-year study with an interim report after year one.
VML Contact: Michelle Gowdy, mgowdy@vml.org
Eminent Domain bills would make condemnation cases more expensive for localities
Note – VML first reported on these bills in the January 25th edition of eNews. As of today, the bills are scheduled to be heard Monday, 8:00 AM in the Senate Judiciary Subcommittee: Civil Law. Given the potential for significant impacts to local governments we are reprinting this information and will continue to monitor and update on this legislation.
SB666 (Petersen) Eminent domain; lost access and lost profits. Significantly expands the costs of condemning property owned by or used for a business by requiring payment for any change of access, instead of the existing loss of access and greatly expanding the ability of the landowner or business owner operating on the land to claim lost profits. The bill makes these claims apply to taking property (traditional condemnation) or damaging property (such as a change of access to a business).
In 2012, VML and interest groups hammered out the existing law on these matters. Estimating lost profits in the future becomes speculative, since a host of forces can change the profitability of a business. The 2012 compromise addressed this by limiting profits to three years. VML opposes this bill because it undoes the compromise, removes the three-year limitation, and creates other increases in cost. The likely result: if the bill becomes law the condemnation of property where a business is operated will become much more expensive.
SB694 (Obenshain) Eminent domain. Makes the process of condemnation more expensive by requiring a locality taking land to complete a 60-year title report. The owner must be provided a copy of the title report. If the owner decides to have their own title report completed, the locality must pay the owner for that cost as well.
Furthermore, the bill requires the court to order the locality to pay the owner for a survey the owner contracts for. This would apply even in a subdivision or other place where existing surveys show the land boundaries. Effectively, the owner gets a government-provided survey, whether one is useful or not.
The bill also requires the locality to pay all expert witness fees. Under the long-term rules of eminent domain, the owner – not the government – is responsible for his or her costs. This bill removes all incentive for the owner to negotiate a price for the land to be acquired.
VML Contact: Mark Flynn, markkflynn@gmail.com
Transportation
Transit bus bill on the move; brakes put on speed camera and speed limit bills
SB281 (Ebbin) Transit buses; exempts a manufacturer, etc., engaged in distribution from certain requirements. This bill passed out of the Senate Transportation Committee unanimously on Thursday. This legislation will fix a procurement issue that has crippled the ability of DRPT, and consequently local transit agencies, from purchasing new diesel or electric transit vehicles. This legislation is essential as it conforms state procurement law with federal rules by exempting transit bus manufacturers from having to be licensed by DMV as a motor vehicle. VML supports this legislation which should be on the Senate floor next week.
Died in committee: Speed cameras and limits
Several transportation related local authority bills have already died in Committee this session including:
- SB334 (Bell) to authorize speed cameras in localities that do not have their own police department.
- SB333 (Bell) to authorize all localities to reduce the speed limit below 25 mph.
VML Contact: Mitchell Smiley, msmiley@vml.org
Transportation budget amendments outlined
There are a series of similar budget amendments on transportation that VML has worked to have introduced which seek to increase local funding and hold localities harmless as VDOT studies local road conditions in response to the November JLARC report on transportation funding in the Commonwealth.
These budget amendments apply to HB29 / HB30 (Knight) and SB29 / SB30 (Howell). The amendments propose increasing city street maintenance funding by $30 million each year of the biennium for a total of $60 million in the biennial budget. Further amendments ensure that language introduced by Governor Northam to conduct a study of local road conditions by VDOT hold local road funding harmless as the study is conducted.
View/Download a chart of the budget amendments here >.
VML Contact: Mitchell Smiley, msmiley@vml.org
Education
School construction and modernization bills: A disappointing update
We have disappointing news to report regarding HB531 (Hudson) and HB1099 (LaRock), which we have reported on several times in the preceding weeks. HB1099 was stricken from the docket this morning. This means it will not be heard again this session. HB531 was heard and received an overwhelming show of support from local governing bodies across the Commonwealth and other organizations such as the Virginia School Boards Association. Unfortunately, HB531 was laid on the table with a 5-3 vote and will be reported as such to the full House Education Committee, which will likely accept the subcommittee’s recommendation.
As a reminder, HB531 and HB1099 would have provided statewide authority for a local governing body to impose a local option sales and use tax of up to one percent via referendum designated solely for school construction. Currently, only nine localities have this authority with three others asking for this authority during the 2022 General Assembly session.
The concept for both bills came as a unanimous recommendation from the Commission on School Construction and Modernization and is a VML 2022 Legislative Program item.
Thank you to everyone who testified in person, virtually, or provided written comments in support of HB531.
VML will continue to work on this issue and advocate for local flexibility in school construction funding.
VML Contact: Josette Bulova, jbulova@vml.org
Environment
Bills with environmental and natural resources impacts to watch
HB463 (Austin) / SB141 (Edwards) Department of Wildlife Resources; boat ramp fees. Removes authorization for the Department of Wildlife Resources to levy fees at facilities that the Department operates but does not own as well as boat ramps that it owns. This will repeal authorization from 2020 for the Department to levy fees for members of the public who do not have a valid fishing or hunting license for using public boat ramps. Many of the ramps that were to be subject to the fee were locally owned but managed by DWR and passing this bill will prevent commercial outfitters and members of the public using these facilities from being subjected to day use fees as initially authorized in legislation approved by the 2020 General Assembly.
The House version has passed out of subcommittee unanimously and the Senate version passed out of full committee and should receive a full vote on the Senate floor early next week. VML supports of this legislation.
HB919 (Orrock) Maximum contaminant levels (MCLs) in water supplies and waterworks; Board of Health regulations. VML has concerns about this bill since it would require the promulgation of regulations regarding PFAS/PFOA class of chemicals while the EPA is promulgating similar regulations creating varying state and federal regulations regarding this class of substances which are technically difficult to remove from waterways and the source of some of these chemicals is still uncertain. VML will continue to monitor this legislation.
HB1200 (Ware) Landfill siting; proximity to private wells. Will prevent the siting of any solid waste facility within 1 mile upland of any privately owned and operated water well. This would likely have the effect of barring the siting, and likely any expansion of an existing solid waste facility. This would add one more burden for localities that own or operate solid waste facilities and likely result in future cost increases of solid waste services for localities that contract these services. VML opposes this legislation and has strong concerns about the impact this legislation would have on localities as it would likely limit any locality seeking to site new solid waste facilities or expand an existing facility.
HB148 (Runion) Certified pollution control equipment; certification by subdivisions. Tax exempt pollution control equipment local self-certification legislation reported unanimously from Subcommittee and Full committee. This means the next stop for this legislation is the House floor this afternoon and should receive a vote by the full House early next week. VML supports this legislation as it is one of our legislative agenda items (see VML 2022 Legislative Program) and it will provide local governments with greater authority to certify contracted projects are sales tax exempt when installing pollution control equipment at water treatment and wastewater facilities. We will continue to keep members apprised of the status of this legislation as it moves through the General Assembly.
HB899 (Lopez) Aboveground storage tanks; Hazardous Substance Aboveground Storage Tank Fund; civil penalties. Directs the Soil and Water Conservation Board to develop regulations for aboveground storage tanks and develop and maintain a registry for all above ground storage tanks that contain 250 gallons or more of non-oil liquids. This would require localities and private parties alike to report location, tank construction, stored contents, and other data to be compiled and reported. This legislation would also create new reporting requirements for unpermitted discharges. VML is concerned about the impact this might have on localities.
VML Contact: Mitchell Smiley, msmiley@vml.org
Marijuana
Multiple bills chart path to recreational marijuana sales beginning this year
The Senate Rehabilitation and Social Services Committee Subcommittee on Marijuana will meet in the coming weeks to discuss Senate marijuana bills SB313 (Ebbin), SB391 (Ebbin), and SB621 (Dunnavant).
SB313 (Ebbin) and SB621 (Dunnavant) set out the conditions that the legal sale of marijuana could begin as early as July 1st of this year. As introduced, these bills exempt retail sales starting July 1st from any local option marijuana sales tax. We are in conversations with both offices about the local sales tax option and hope to have further updates next week on the status of these conversations.
SB391 (Ebbin) is the main vehicle in the Senate to re-enact the legislation to legalize marijuana and the retail sale and regulatory structure of the new retail market and includes clarifying language that towns can hold referendums and any county referendum is not controlling in those towns that hold a referendum.
The House Marijuana bills – HB950 (Webert)and HB430 (Herring) – have not yet been assigned to a committee and it is unclear when they will be heard by committees in the House of Delegates.
VML Contact: Mitchell Smiley, msmiley@vml.org
Human Services
Many jail bills and budget amendments introduced: Some good, some more complex
There are three types of jail-related legislation in play this session: 1) those to compel the state to pay a greater share of the cost of incarceration of state-responsible inmates in local and regional jails; 2) those to eliminate or reduce fees paid by inmates (and their families) in local and regional jails; and 3) those to amend the minimal standards of local and regional jails to require them to perform screening for developmental disabilities and place certain inmates in behavioral health placements.
There are also budget amendments, including some sought by VML and local partners, to address jail funding; and others related to fees and to state responsibility for service charges to affected local governments.
Let’s take a closer look at each.
State funding for incarceration
There are two bills – HB989 (Runion) and SB165 (Peake) – that would compel the state to compensate local jails for the cost of incarceration of convicted felons, calculated from the date of mailing of the final order, at the rate of $12 per inmate per day for the first 60 days, at the rate of $40 per inmate per day during the period of more than 60 but not more than 90 days, and for the actual cost of incarceration as calculated in the jail report prepared annually by the Compensation Board for more than 90 days. Currently, such compensation rates are provided for in the general appropriation act.
HB989 has been referred to House Public Safety. SB165 was reported from Senate Rehabilitation and Social Services on Jan. 21 and referred to Senate Finance and Appropriations.
VML supports these bills.
Local and regional jails compelled to eliminate certain fees and reduce other fees or costs paid by inmates
These bills and their status are as follows:
- HB673 (Hope); referred to House Public Safety and not yet on docket.
- HB1053 (Shin); referred to House Public Safety and not yet on docket.
- SB581 (Morrissey); substitute reported from Senate Rehabilitation and Social Services and referred to Senate Finance and Appropriations on January 28th.
As introduced, all three of the bills eliminate fees associated with an inmate’s keep, travel, and other expenses association with a work-release program or participation in an educational or rehabilitative program, as well as use of telephones. They also would reduce charges for items purchased within a facility’s store or commissary and the fee associated with electronic visitation and messaging systems (not to exceed actual cost of establishing and operating such systems). The bills would also remove provisions to require deferred or installment payment agreements if an inmate is unable to pay in full such fees or allow a jail to enter into a contract for collection of such fees with a private entity, a local governing body, or a county or city treasurer.
Today in Senate Rehabilitation and Social Services the Committee voted to report a substitute to SB581. A re-enactment clause was discussed but is not yet reflected on the General Assembly’s website; the Committee also seemed to endorse a letter that would call for a stakeholder group to further dive into the issues involved in fees and program funding in jails in the coming year.
Require that state standards for local and regional jails be amended regarding assessment and services for persons with developmental disabilities
HB147 (Wiley) and would require that if the screening indicates reason to believe a person may have a developmental disability to refer the person for further assessment; if the person is deemed to have a developmental disability the person would be transferred to a facility at which appropriate services are provided within 72 hours of completion of the assessment.
This bill has been referred to House Public Safety but has not been docketed.
Similar to HB147 is HB1341 (Brewer), which also requires the screening and assessment, but would require that the Community Services Board or Behavioral Health Authority arrange for the admission of a person determined to be in need of services for severe mental illness or severe developmental disability.
HB1341 has been referred to House Courts of Justice.
VML has concerns with the logistics, training requirements, and costs associated with these bills and would support further study of the issues involved with these proposed requirements and a fiscal impact analysis of it.
Jail-related budget amendments proposed this year
These include Item 73#1h (Brewer), Item 73#3s (Petersen) and Item 73#4s (Deeds). These would increase the per diem paid to local and regional jails for local responsible inmates from $4 to $8 per day, and from $18 to $22 for inmates housed and maintained in a jail farm not under the control of the sheriff. This returns the per diem rate to that which was in place prior to a reduction in fiscal year 2011.
Item 404#22h (Runion) is the companion budget amendment for his legislation to compel the state to pay a greater share of costs for housing state-responsible inmates in local and regional jails.
Item 73#2h (Shin) provides general fund appropriation in the second year in support of HB1053, which eliminates certain fees charged to inmates housed in local correctional facilities. The bill has an effective date of January 1, 2024, resulting in a half-year cost impact for fiscal year 2024. Preliminary estimates anticipate the full revenue impact from HB1053 at $42.0 million per year, which would result in additional costs in the out-years. Item 72#4s (Morrissey) is the corresponding Senate amendment.
Finally, Item 404#10h (Wachsmann) strikes language which exempts the Department of Corrections from the payment of service charges levied in lieu of taxes by any county, city, or town. The amendment provides $1.4 million (GF) each year to the Department as an estimate of the amount of total service charges expected to be levied by localities following removal of the exemption. This is a preliminary estimate based upon the total service charges paid by the Department to localities in fiscal year 2009, the last year in which the Department paid such charges.
VML Contact: Janet Areson, jareson@vml.org
Health department operations bills in play
Several bills are in play regarding the Virginia Department of Health operations.
SB192 (Mason) – incorporates SB617 (Locke) – would change the required qualifications for a local health director. Currently the director must be a physician licensed to practice medicine in Virginia. SB19 would also allow a local health director to be an individual with a master’s or doctoral degree in public health with at least three years of full-time professional experience in either a public health agency or public health-related position or otherwise qualified for the position as determined by the state commissioner of health. If a local health department went this route and had no licensed physician on staff, that department would be required to enter into a consulting agreement with a licensed physician to perform certain required functions such as clinical matters and prescribing duties.
Senate Education and Health reported the substitute bill on January 27th. VML is monitoring this bill.
Bills that would require a study of the public health system
HJR52 (Mullin) would require the Joint Legislative Audit and Review Commission (JLARC) to conduct a two-year study of the resources for the state’s public health system. The resolution points at the variability in funding, services offered, match rates, and operations of local health districts as topics for review.
The bill has been referred to the House Rules Committee.
SJR14 (Mason) would require the Joint Commission on Health Care (JCHC), as opposed to JLARC, to conduct a two-year examination of the public health system. The study includes many of the elements of HJR52 but is broader in looking at how the state and local system responded to the pandemic and how the structure of the system affected this response and the strengths and weaknesses of the current system and potential ways to improve it.
This measure was reported by the Senate Rules Committee on January 28th.
VML is monitoring both bills.
VML Contact: Janet Areson, jareson@vml.org
CSA special education bill advances
On on January 27th a subcommittee of Senate Education and Health Committee approved SB356 (Stuart), which would allow a locality and school system within Planning District 16 (George Washington Regional Council; and more specifically, Stafford County) to use funding from the Children’s Services Act (CSA) to help pay for special education services in a public school program for children who transfer from an approved private special education program to the public school special education program and who would require a private placement but for the availability of the public school program. Stafford has been operating a small program since 2009 and has asked for permission to use CSA funds for this purpose since 2011. VML supports the bill, which is limited in size and scope (i.e., it’s not for the entire special education program) and supports CSA’s mission of serving children in their community whenever possible.
VML Contact: Janet Areson, jareson@vml.org
Bills introduced to make Marcus Alert optional
Two bills have been introduced to make optional the Marcus Alert protocol approved during the General Assembly’s 2020 Special Session I: SB361 (Stuart) and HB1191 (Ransome).
A substitute to SB361was approved by Senate Education and Health on January 27th. The substitute would allow localities with populations of less than 80,000 to make participation in the Marcus Alert protocol optional. Those with populations greater than 80,000 would continue to be required to participate in the Marcus Alert protocols (this includes 10 cities and 14 counties). It is unclear whether bowing out of the program would affect STEP-VA crisis funding to those jurisdictions.
HB1191 has not yet been heard by House Public Safety.
VML is monitoring this legislation, particularly the possible unintended consequences of opting out of the program.
VML Contact: Janet Areson (jareson@vml.org)
Subcommittee recommends tabling bills to expand hazardous duty benefits
The House Appropriations Compensation and Retirement Subcommittee recommended laying on the table both HB56 (Wiley) and HB162 (Runion) at its January 27th meeting. This recommendation will be made to the full House Appropriations Committee next week. VML was told that instead a study of the issues will be recommended.
HB56 would have required localities in VRS to provide enhanced hazardous duty benefits to juvenile detention specialists. HB162 would have extended those benefits to animal control officers at the option of the local government.
VML Contact: Janet Areson, jareson@vml.org
