Special Session: Week in Review
Special Session: Week in Review
As related in my Special Session: Day One post, we have seen the tale of two chambers; the distinctions between which became even more pronounced throughout the week. Night and Day. The American League versus the National League.
First, the House, after squabbling over rules and procedures, ultimately, voted to allow its members to vote remotely. Depending upon whom one asks, you’ll hear anything from simply logging on remotely and taking roll was a challenge to it only took 10 to 15 minutes to do so. After which, the actual discussions began.
The issue of whether or not to accept per diem payments became a flashpoint for House members, with House Republicans voting unanimously not to accept those reimbursement funds while working from their district or home offices. At the moment, it is unclear what the outcome of the per diem issue will be.
The House Appropriations Committee provided a detailed and informative budget briefing Wednesday afternoon but has yet to take any action on the Governor’s House budget bill. Aside from a few Zoom “floor” speeches, no legislation has been acted upon. But the Twitter snark has been entertaining, one must admit. Sorry, I cannot deny that indulgence.
The House has also been conducting its pro forma sessions, with Madame Clerk reading the proposed rules change resolution that after Sunday’s reading, I believe, will allow them to begin taking up legislation today, Monday, August 24.
Meanwhile over in the state Senate, they immediately began hearing and voting on dozens of bills; working for several hours each day until they adjourned Thursday afternoon.
On the Senate side, there has been discussion about the budget and spending in the context of standalone legislation – most of which strongly suggested serious restraint needs to be exercised regarding the budget.
As is the case with the House Appropriations Committee, the Senate Finance Committee has not taken any action on the budget yet. Senate Finance and Appropriations (SFAC) Chairwoman Janet Howell has stated several times that the Senate would not be entertaining or filing any budget amendments of its own. However, the Senate could still take on certain amendments through the committee. House Appropriations is also accepting budget amendments.
An Overview of the Budget
It’s premature to speculate the likely fate of the Governor’s proposed budget amendments, which he unveiled on August 14. They include:
- $88M for access to safe and affordable housing, which also includes a moratorium on evictions (More on that below)
- $85M to expand access to broadband for underserved communities
- $15M in support for underserved students and technology upgrades at Virginia’s Historically Black Colleges and Universities (HBCUs)
- Police and Criminal Justice Reform and others.
Public commentary from decisionmakers on the original impetus of Special Session ꟷ the state’s biennial budget ꟷ runs the gamut and varies within both chambers of the majority party. While it’s fair to say the Republicans have welcomed input into the matter, both in terms of the existing budget and what the Governor has proposed, some senior and rank and file Democrats have stated directly or have strongly suggested their interest in supporting the Governor’s Special Session priorities; as well as some of their own. Democrat Senators Chap Petersen and Creigh Deeds have stated multiple times during committee hearings that they have major concerns with any additional spending when the Commonwealth is staring at a $2.7B budget shortfall and an uncertain economy.
A key item in the back and forth on the budget will focus on whether or not to tap into the Commonwealth’s reserve funds, an issue that often becomes hugely relevant in challenging economic and budgetary situations. Some, credibly, ask if now is not the appropriate time to tap into the roughly $1.1B, when is? Others, Democrat and Republican alike, have intimated their preference for maintaining those reserves.
While Secretary Layne made news on Tuesday when reminding everyone that Virginia has a budget and need not amend it in this Special Session, he also stated “the administration didn’t consider using rainy-day funds, because no one knows if it won’t pour harder later” (Virginia Mercury, Moomaw, 8/21/20). That, too, is a reasonable position however it is in contrast with SFAC Chairwoman Janet Howell’s comments about having “some very pressing needs, especially in human services and most especially mental health services. So, we may need to go into some of our reserve fund” (Virginia Mercury, Moomaw, 8/21/20).
Without question, this portends to be a fascinating and meaningful policy and priority debate.
Additional Legislation of Interest (Senate action only) -
- SB 5076 (Barbara Favola) - Public & private employers; paid sick leave to eligible employees that can be used during pandemic.
As my three pages of legal pad notes also indicate, this bill exemplifies the quality of debate and discussion one can observe on a regular basis in the Virginia state Senate. For an excellent print media account of what transpired with this bill, I would encourage you to read RTD reporter Mike Martz’s article at this link.
- SB 5051 (Ghazala Hashmi)- Virginia Residential Landlord and Tenant Act; temporary prohibition against landlord termination of rental agreements or actions to obtain possession of a dwelling unit under certain circumstances.
Prohibits the termination of rental agreements and the issuance of orders of possession and writs of eviction for any reason, except in response to a criminal or willful act that is not remediable and that poses a threat to health or safety, until after April 30, 2021.
Senator Hashmi’s bill also underwent a robust floor debate in the General Laws & Technology Committee, with amendments being offered, as did a variety of other housing and renter bills, patroned by Senators Ebbin, Bell and others. Both sides of this debate – renter and landlord – testified via Zoom, with the committee ultimately deciding to take the bill by for the days so outstanding concerns can be addressed.
For a thorough account of this discussion, please consider reading this story by Alan Suderman from the AP, who correctly reminds the reader of “the moratorium of one of Governor Ralph Northam’s priorities for the current special session” so the fate of this bill (or corresponding budget language) certainly bears monitoring.
- SB 5025 (Steve Newman) - Board and Commissioner of Health; emergency orders and regulations; duration.
Provides that any emergency order or regulation adopted by the Board of Health shall be valid for no more than 30 days and that such order may be extended by the Board of Health for a subsequent period of 30 days but that in no case shall such emergency order or regulation be valid for more than 18 months from the effective date of the initial order or regulation. The bill also provides that in any case in which the Commissioner of Health exercises the authority of the Board of Health to enact an emergency order or regulation, such order or regulation shall be valid for no more than 30 days from the effective date of the order or regulation unless the Board of Health adopts an order or regulation to such effect.
The Senate Education & Health Committee heard almost two-dozen bills, including Senator Newman’s VDH emergency orders duration bill, which, not surprisingly given the topic and the pandemic, yielded yet another vigorous debate that actually had Virginia Department of Health Commissioner Dr. Norman Oliver testify via Zoom. (The Administration, we learned, adamantly opposed the bill.) The bill did report 11-3 with Chairman Barker abstaining. As a reminder, this bill, as well as all Senate bills, will have to crossover to the House should it pass the state Senate. After the bill passed the committee, Senator Newman assured Dr. Oliver that he looked forward to working with him on the bill if we need to make changes. Kate Masters of the Virginia Mercury has a detailed and informative article on this piece, which you can access at this link.
Conclusion
The above is but a sample of the legislation the General Assembly is currently considering. These are only Senate bills because, recall, the House, according to its body’s rules, cannot begin taking up actual legislation until it adopts its procedural resolution.
The Senate Democrats did pass its police and law enforcement reform omnibus (Senator Locke’s SB 5030) in the Senate Judiciary Committee. Should you wish to read the provisions of that bill, you may do so by visiting this link.
For an in-depth account of the debate surrounding the Senate bill and its key provisions, please read the AP piece in USA today, which you can access at this link.
I have been reading straight news and opinion pieces over the weekend and will be ready to resume observing committee meetings and floor session debates this morning and will update Alliance members and regional friends and supporters accordingly.
Additional Information
- For those who would like to observe committees and/or floor/Zoom debates or to opine on bills in committees, visit this link.
- For anyone who would like to review the bills introduced, click here.
- For anyone who would like to review the GOV’s budget bill in the Special Session, visit here.
