2020 General Assembly Session

Finance, Purchasing and Food Services Related Legislation

2020 General Assembly Summary
Finance Related Legislation
Fairfax County Public Schools, Office of Government Relations

This report describes all of the Finance-related legislation considered during the 2020 General Assembly Regular Session.  Bills are listed in one of three categories: Approved, Continued to 2021, or Failed. 

Approved legislation goes into effect on July 1, 2020 unless otherwise specified in the legislation itself.

Bills designated as “Continued to 2021” are effectively “Failed” for purposes of the 2020 Session, but can still be acted upon by the Committee that recommended continuing the legislation prior to the 2021 Session (by December 3, 2020).  Even if a bill were to be acted upon prior to that deadline (which rarely occurs), it would still have to proceed through the remainder of the legislative process (pass in both chambers, signed by the Governor) during the 2021 Session.

Summaries are linked to the Division of Legislative Services’ web pages for text, up to date summary information, and fiscal impact statements. If a bill of interest is not found in one category, please check another as legislation often can fit under multiple categories.

UPDATED:  March 30, 2020

FINANCE - PASSED

Budget Bill HB 29 (Torian) amends Chapter 854 of the 2019 Acts of Assembly.

Budget Bill HB 30 (Torian) provides for all appropriations of the Budget submitted by the Governor of Virginia in accordance with the provisions of § 2.2-1509, Code of Virginia, and provides a portion of revenues for the two years ending respectively on the thirtieth day of June, 2021, and the thirtieth day of June, 2022.

Distribution of Excess Food HB 698 (Roem) allows public school boards to distribute excess food to students eligible for the School Breakfast Program or National School Lunch Program administered by the U.S. Department of Agriculture or to students that the school board determines are otherwise eligible to receive excess food.

Local Government Revenues and Expenditures; Comparative Report, Filing Date HB 406 (Subramanyam) changes the annual deadline for local submittal of the comparative report of local government revenues and expenditures to the Auditor of Public Accounts from November 30 to December 15 and the annual deadline for the statement of the Auditor of Public Accounts showing in detail the total and per capita revenues and expenditures of all localities for the preceding fiscal year from January 31 to February 15.

Lottery Board; Regulation of Casing Gaming HB 4 (Knight) and SB 36 (Lucas) authorize casino gaming in the Commonwealth to be regulated by the Virginia Lottery Board. The bill specifies the requirements for licensure of casino gaming operators and the conduct of casino gaming and imposes criminal and civil penalties for violations of the casino gaming law. The location of casino gaming establishments shall be limited to eligible host cities that meet specified criteria: the Cities of Portsmouth, Richmond, Norfolk, Danville, and Bristol. The bill requires each eligible host city to hold a referendum on the question of whether to allow casino gaming in the city and, with the exception of the City of Richmond, to hold such referendum at the November 2020 general election. The bill imposes a tax ranging from 18 to 30 percent of the adjusted gross receipts of licensees, based upon a licensee's annual adjusted gross receipts, and provides for disbursement of the tax revenues. HB 4 incorporates HB 374 (Kilgore), HB 428 (Scott), HB 560 (Lindsey), HB 1343 (Bourne), and HB 1661 (Carr).  SB 36 incorporates SB 102 (Pillion), SB 374 (Lewis), SB 609 (Norment), SB 743 (McPike), and SB 1083 (McClellan).

Minimum Wage HB 395 (Ward) and SB 7 (Saslaw) increase the minimum wage from its current federally mandated level of $7.25 per hour to $9.50 per hour effective January 1, 2021; to $11.00 per hour effective January 1, 2022; to $12.00 per hour effective January 1, 2023; to $13.50 per hour effective January 1, 2025; and to $15.00 per hour effective January 1, 2026. For January 1, 2027, and thereafter, the annual minimum wage shall be adjusted to reflect increases in the consumer price index. The measures create a training wage at 75 percent the minimum wage for employees in on-the-job training programs lasting less than 90 days. The measures also provide that the Virginia minimum wage applies to persons whose employment is covered by the Fair Labor Standards Act; persons employed in domestic service or in or abut a private home; persons who normally work and are paid on the amount of work done; persons with intellectual or physical disabilities except those whose employment is covered by a special certificate issued by the U.S. Secretary of Labor; persons employed by an employer who does not employ four or more persons at any one time; and persons who are less than 18 years of age and who are under the jurisdiction of a juvenile and domestic relations district court. The measures provide that the Virginia minimum wage does not apply to persons participating in the U.S. Department of State's au pair program; persons employed as temporary foreign workers; and persons employed by certain amusement or recreational establishments, organized camps, or religious or non-profit educational conference centers. HB 395 incorporates HB 433 (Carroll Foy), HB 583 (Guzman), and HB 615 (Plum).  SB 7 incorporates SB 73 (Locke), SB 81 (Marsden), and SB 816 (Morrissey).

Minimum Wage; Pay Based On Work Done SB 78 (Howell) eliminates the exemption to Virginia's minimum wage requirements for persons who normally work and are paid based on the amount of work done.    

School Meals; Availability to Students HB 1426 (Roem) requires each school board to require each public elementary and secondary school in the local school division to participate in the federal National School Lunch Program and the federal School Breakfast Program administered by the U.S. Department of Agriculture and to make meals available pursuant to such programs to any student who requests such a meal, regardless of whether such student has the money to pay for the meal or owes money for meals previously provided, unless the student's parent has provided written permission to the school board to withhold such a meal from the student. The bill has a delayed effective date of July 1, 2021.

School Meal Debt; Donations HB 703 (Roem) permits any school board to solicit and receive any donation or other funds for the purpose of eliminating or offsetting any school meal debt at any time and requires each school board to use any such funds solely for such purpose.   

School Meal Policies HB 697 (Roem) requires each local school board to adopt policies that prohibit school board employees from requiring a student who cannot pay for a meal at school or who owes a school meal debt to throw away or discard a meal after it has been served to him.

Wage Payment Statements HB 689 (Aird) limits the scope of the requirement enacted in 2019 that requires periodic wage payment statements to show the number of hours worked during the pay period. The measure provides that the statement is required to show the number of hours worked if the employee is either paid on the basis of the number of hours worked or paid on the basis of a salary that is less than the standard salary level adopted by the U.S. Department of Labor establishing an exemption from the overtime premium pay requirements of the federal Fair Labor Standards Act and to  include sufficient information to enable the employee to determine how the gross and net pay were calculated. The measure contains an emergency clause and became effective upon the Governor’s signature on March 10, 2020.

 

FINANCE – CONTINUED TO 2021

Cost of Competing Adjustment; Eligibility; Certain School Boards SB 327 (Lewis) would declare the Accomack County School Board and the Northampton County School Board eligible to receive the cost of competing adjustment to salaries for instructional and support positions as part of the state share of basic aid pursuant to the general appropriation act. 

Credit Unions; Authorizes Localities and Political Subdivisions to Hold Public Deposits HB 69 (Carter) would authorize localities and political subdivisions to hold public deposits in a credit union.

Regional Alternative Education Programs; Funding HB 1031 (Adams, L.R.) would require the funding transferred from the Department of Education to the relevant school divisions in support of a regional alternative education program to be based on each such school division's need for the current school year.

Virginia Minimum Wage Act; Exclusions HB 333 (Krizek) and SB 719 (McClellan) would eliminate the exclusion in the Virginia Minimum Wage Act for persons whose employment is covered by the federal Fair Labor Standards Act of 1938 (FLSA) and for persons whose earning capacity is impaired by physical deficiency, mental illness, or intellectual disability.

 

FINANCE - FAILED

Biennial Appropriations; Odd-Numbered Years SB 518 (McDougle) would have provided that the Commonwealth's biennial appropriations shall start on July 1 of odd-numbered years beginning with the biennial appropriation act for the period July 1, 2023, through June 30, 2025. The bill would have required that the fiscal year beginning July 1, 2022, would not be a part of any biennial appropriation act (i.e., it would be a single-year transitional budget).   

Composite Index of Local Ability to Pay Adjustments and Expanding Access to the Cost of Competing Adjustment; Report HJ 20 (Cole, M.L.) and SJ 28 (Reeves) would have directed the Joint Legislative Audit and Review Commission to study the feasibility of adjusting the composite index of local ability to pay and expanding access to the cost of competing adjustment by reviewing current statutory, constitutional, and budgetary provisions governing the calculation of Standards of Quality costs and funding; examining the components of the composite index of local ability to pay and the cost of competing adjustment; evaluating other states' public school funding formulas; and hearing local concerns and seeking input from various state and national experts, as applicable.

Costs of Education; JLARC Study SJ 57 (Lewis) would have directed the Joint Legislative Audit and Review Commission to study the true cost of education in the Commonwealth and provide an accurate assessment of the costs to implement the Standards of Quality.

Fiscal Impact Statements SB 986 (Peake) would have required the Department of Planning and Budget (the Department) or an agency designated by the Department to prepare a fiscal impact statement for any bill and any amended version of a bill, except the Budget Bill and debt bills, that increases or decreases the total revenue available for appropriation or that establishes a new state program or initiative requiring an appropriation.

Legislation Affecting Local Government Expenditures and Revenues SB 188 (Peake) would have required legislation with a negative local fiscal impact to be filed no later than the December 15 immediately preceding the first day of a regular session of the General Assembly.

Local Match for Basic Aid, Debt Service on Projects in School Divisions HB 86 (Kilgore) would have permitted any local school board that governs a school division in which the locality is designated as fiscally at-risk or fiscally distressed by the Appalachian Regional Commission in the most recent fiscal year or is determined to have above-average fiscal stress or high fiscal stress by the Virginia Commission on Local Government in its most recent "Report on the Comparative Revenue Capacity, Revenue Effort, and Fiscal Stress of Virginia Counties and Cities" and for which the composite index of local ability to pay is less than or equal to 0.2000 to expend up to 25 percent of the required local effort for basic aid for debt service on school building capital renovation or construction projects.

Lottery Funds; Rural Transportation Fund HB 1390 (O’Quinn) would have established the Rural Transportation Fund, to be funded by transferring 10 percent of annual lottery revenues in fiscal years 2020 through 2024 from the Lottery Proceeds Fund. All lottery revenues transferred to the Rural Transportation Fund would have been used solely for the purposes of funding transportation projects in Planning District 1, 2, 3, 4, 5, or 6 or any locality with a population of no greater than 100,000.

Minimum Wage; Local Alternative Minimum Wage HB 325 (Levine) would have established a procedure by which a local alternative minimum wage could have been imposed in any locality. A local alternative minimum wage would have required every employer to pay to each of its employees’ wages at a rate to be determined by local ordinance for work performed by them within the locality. If the federal minimum wage exceeds the levels specified in a local alternative minimum wage requirement, the federal minimum wage would have prevailed. The measure also would have provided that the Virginia minimum wage applies to persons whose employment is covered by the FLSA and to public employees.

Regional Alternative Education Programs; Funding SB 552 (Ruff) would have required the funding transferred from the Department of Education to the relevant school divisions in support of a regional alternative education program to be based on each such school division's need for the current school year.

School Meal Policies; Parental Notification and Opt-Out HB 701 (Roem) would have required each school board to adopt policies that require each elementary and secondary school in the school division to send to the parents of each student by the end of the first week of the school year notice of the consequences of school meal debt and the school board policy and procedure relating to such debt, including any requirement that such student be served an alternative meal or be required to dispose of meals served to him while such debt remains unpaid; require any elementary or secondary school in the school division to resend such notice to the parents of any student who accrues a school meal debt before the consequences of such debt go into effect; and require the parents of any student who do not want their child to be served a school meal to submit a written request to the student's school.

Teachers; Required to be Compensated at or Above National Average HB 233 (Mugler) would have required public school teachers to be compensated at a rate that is at or above the national average. Under current law, compensation at such rate is aspirational. The foregoing provisions of the bill have a delayed effective date of July 1, 2025. The bill requires funding to be provided on an incremental basis pursuant to the general appropriation act to implement such teacher compensation rate by the effective date.

Teacher Salaries and Benefits in the Commonwealth; Regional Competitiveness of Such Salaries and Benefits HJ 41 (Scott) would have directed the Joint Legislative Audit and Review Commission to study teacher salaries and benefits in the Commonwealth, including the regional competitiveness of such salaries and benefits, by analyzing the relationship between salaries and benefits provided to teachers in the Commonwealth, states adjoining the Commonwealth, and the District of Columbia and the recruitment and retention of teachers in each such state and the District of Columbia.