Legislative Update for March 15, 2010
At 5:52pm last evening the 2010 Session of the General Assembly adjourned
“sine die”, (the traditional manner in which the GA says “we’ve finished”)
Their last act of business was to adopt a proposed budget for the next
biennium and amendments to the current budget. Their proposed budget now
goes to the Governor who may accept, amend or veto. Any actions taken by
the Governor will be considered by the General Assembly on April 21st
during the “veto session”. As such the final biennial budget will not be
known until then. However the following is a summary, as we currently
understand it, of the conference budget adopted last evening by the General
Assembly. As you read through this summary you will see the term,
“introduced budget”. This refers to the proposed budget introduced by
Governor Kaine back in December.
Continue reading
Legislative Update for March 15, 2010 provided by M. Wayne Huggins.
Legislative Update for March 10, 2010I am pleased to report that SB
95 passed the House yesterday by a vote of 96-0. It now goes back to the
Senate today for final action and then onto the Governor for his signature.
Continue Reading...
Legislative Update for March 8, 2010
Congratulations, you did it! I just returned
from the House Appropriations Committee meeting where, by a unanimous vote,
they reported (passed) SB95. This is the companion bill to
HB71 both of which extend your short term disability
benefits from 6 months to 1 year. The Bill was amended to include a
provision that requires a certification from the Superintendent that the
State Police Officer is likely to return to work if given the additional 6
months. We viewed this as a “friendly” amendment. I have personally met
with Delegates Jones and Carrico as well as Senator Quayle and have thanked
them all on your behalf for the enormous effort they put forth on this
issue. We will thank them collectively and more formally at our
conference.
For all of you that responded to our call for
assistance Friday evening…………….THANKYOU! Continue Reading...
Legislative Update # 2 for March 5, 2010
I need your help this weekend!! I just got
off the phone with Delegate Carrico and we believe SB 95, the Bill to extend
your short term disability benefits from 6 months to 1 year, was passed this
afternoon by the Compensation & Retirement Subcommittee at a meeting at the
Chairman’s desk immediately following adjournment. There was a flurry of
phone calls and meetings this afternoon and evening in response to the
Bill’s passage out of subcommittee and it is possible that there may be an
effort to kill this Bill for reasons that are not clear. Nonetheless, it
now appears that the full House Appropriations Committee could hear the Bill
Monday. As such we need you to e-mail and call the Delegates who are on the
Appropriations Committee this weekend.
Continue Reading...
Legislative Update # 1 for March 5, 2010
Even though the 2010 Session of the General
Assembly is one week away from its scheduled adjournment date the work has
not slowed. This has been a very busy week with a flurry of last minute
issues and a very important hearing last evening on SB95 and HB71 in the
Compensation & Retirement Subcommittee of House Appropriations. These are
identical Bills sponsored by Delegate Bill Carrico and Senator Fred Quayle.
These are VSPA Bills that will extend from 6 months to 1 year the amount of
time a person under the new sickness and disability plan has to return to
work before being placed on long term disability. Senator Quayle did a
great job of presenting the Bill. It was exciting to learn that the new
administration has gotten behind this Bill and the new Deputy Secretary of
Public Safety John Bukovich... Continue
Reading...
M. Wayne Huggins
Government Relations Director
Legislative Update
February 26, 2010
All Members,
The names of the
Budget Conferees and their contact
information is as follows:
The Conferees have begun meeting and will
continue to meet over the next two weeks in the hopes of forging a
consensus budget by the scheduled adjournment date of March 13. I
encourage you to review the “all member” we sent Monday (Legislative Update for February 22, 2010)
that summarized what each House was proposing in their respective
budgets and then contact the conferees to express your preferences as to
what should be supported. You may ask if your voice matters? I was
contacted yesterday by the legislative aide to one of the conferees
listed above. It seems that scores of you had contacted him thanking
him for his support of the State Police. The Aide was calling to tell
me how much they appreciated your outpouring of appreciation. So yes it
works. Finally, I can assure you that every “special interest” group in
the State is inundating the Conferees with their views. It is NOW time
for us to do the same thing. Please help!
Yesterday, was an
extremely busy day. Our last Bill of interest was heard at
8:30 last evening. Here is a summary of yesterday’s
actions:
SB95, introduced by
Senator Quayle, is the companion Bill to HB71 introduced by
Delegate Carrico and extends from 6 to 12 months the amount
of time a State Police Officer has to return to work from a duty related
injury passed the full Senate by a vote of 40-0. HB71 was heard in
the Compensation & Retirement Subcommittee yesterday afternoon.
The Subcommittee seems supportive but wants to know if there would be a
fiscal impact and if so how much before taking action. We have
argued all along that given the cost to recruit, train and equip a new
Trooper the Commonwealth would be money ahead not to force Troopers on
long term disability if they don’t have to. Almost nothing with a
cost impact, even a negligible impact is passing. The Department
appeared in support of the Bill with us. We will let you know what
happens as soon as we are notified.
HB 1251, introduced by
Delegate Lionel Spruill that addresses the “Optima” pilot in
certain areas of the 5th Division was heard last
night in the House General Laws Committee. Unfortunately,
it appears that a legislative “fix” is not going to happen
as the Attorney General’s Office has stated that the
Commonwealth is contractually obligated for 2 years or until
June 30, 2011. Delegates Spruill and Cosgrove gave very
passionate presentations about this issue and in fact
Delegate Cosgrove mentioned he was “furious” about the way
this was thrust upon state employees. I spoke and displayed
the large stack of emails I have received from state
employees voicing their dissatisfaction with this “pilot”.
No other group spoke. Delegate Jones, the Chair of General
Laws, has met several times with the Director of DHRM as
well as Optima, to identify immediate actions that can be
taken to ease the burden on those of you who have been
affected. First, all of the emails that he has received
along with the emails I received have been copied and
provided to DHRM and Optima. He has asked that the many
concerns identified in those emails be addressed. Secondly,
he announced last night that DHRM will be holding 5 meetings
for all affected active and retired state employees in the
Tidewater area within the next 3 weeks or so. You will be
receiving notice of these meetings to include date, time and
locations. (Please take the time to go to one of these
meetings!) All of you are to be invited to voice your
concerns and receive additional information. Third, DHRM is
authoring an informational document concerning your health
care that is to be shared with the VSPA so we can distribute
it in an “all member” email. I am suppose to have something
by the middle of next week. Finally, following the
presentations on this matter I was approached by the newly
appointed Deputy Secretary of Administration, Mr. Charles
James. This Secretariat oversees DHRM. He is very
concerned about this issue and assured me that he and the
new Secretary of Administration would be looking into this
matter as well. We were all hoping for an immediate
resolution but the contract issue became an obstacle that
apparently could not be overcome by legislative action.
Delegates Jones, Spruill and Cosgrove have worked very hard
on this issue and will be monitoring the activities/actions
described above to ensure your concerns are being heard and
responded to. I think they deserve our thanks and I invite
you to thank them. Their contact information is as follows:
HB1189, introduced by
Delegate Lacey Putney was also heard in the Compensation and
Retirement Subcommittee yesterday. This Bill makes numerous
changes to the retirement system. The Bill is “prospective”
in nature, meaning that it would only apply to state
employees hired after July 1, 2010, and will NOT impact any
current retiree or current state employee. VRS presented
testimony that suggested that if the changes proposed in
1189 were not made the current system would experience
financial difficulties in the future. I spoke during the
hearing and expressed our appreciation for not impacting
current retirees or employees but also reminded the
committee why current employees do not pay into their
retirement. That being, that over 20 years ago when state
employees were not receiving pay raises the General Assembly
decided to begin paying the employees share in lieu of a pay
raise. I went onto say that here we are 25 years later,
state employees are still not receiving pay raises and yet
we are now going to make new employees begin paying into
their retirement. I also mentioned the fact that when the
state adopted the “pay for performance” system we were
promised regular raises for good work and yet it has only
been funded, to my knowledge, once in the last 13 years. I
concluded by saying that if the State wants to continue
attracting highly qualified and motivated state employees
they could not continue eroding the benefits package and
predicted that in 6-8 years, when a critical mass develops
we would be right back there advocating for improvements to
the retirement system. At the conclusion of the hearing the
subcommittee voted unanimously to report the Bill.
Finally, on a more
pleasant note I received confirmation that our new Secretary
of Public Safety, Marla Decker, as well as our new Deputy
Secretary of Public Safety, John Bukovich will be joining us
at our annual conference in Norfolk, March 26th –
28th. I also received tentative confirmation
that our new Governor will be joining us on Saturday at the
conference. If you have not yet made your reservations
please do so as soon as possible.
As week 5 draws to a close
and “crossover” occurs next week most of the Committees are
concluding their work. After crossover Committee activity
will pick up again. As soon as there is more to report I
will let you know.
Week 5, the last full week before “crossover”, has
been very busy. I anticipate a number of the House Bills in which we
are interested to come up this afternoon as this will be the last
scheduled meeting of the Subcommittee these Bills are in before
crossover. Those Bills include HB 71, the bill that extends from 6
months to 12 months the amount of time you would have to return to work
from a duty related injury. I have spoken with the Chair of the
Subcommittee on several occasions about this Bill, as well as the
Chairman and Vice-Chairman of House Appropriations. Also, the several
retirement Bills I have previously mentioned are in this same
Subcommittee and should come up as well. An “all member” will go out
tomorrow describing what happened to these Bills, assuming they are
heard.
Yesterday I attended a meeting called by Delegate
Chris Jones, Chairman of the House General Laws Committee. This is the
Committee that holds HB1251, the Bill that attempts to address the
“Optima” pilot in 5th Division. Also in attendance was the
Director of the Department of Human Resource Management. We discussed
the many problems you have experienced as well as the progress that is
being made to “fix” this problem. The emails I have received from you
had already been delivered to Delegate Jones who in turn discussed them
in detail with DHRM. In addition to Delegate Jones, Delegates Spruill
and Cosgrove (Chesapeake) are very concerned about this pilot program.
The Attorney General’s office has also become involved in this issue and
is providing guidance concerning the contractual issues that are
involved because the Commonwealth entered into a 2 year contract with
Optima that also contains three 1 year options. The issue of the
“contract” has become a significant obstacle to a quick resolution to
this problem. The Delegates I have mentioned have received hundreds of
emails from state employees who have been impacted by this pilot and are
working very hard to address this issue. At this writing it is unclear
exactly how this matter is going to be addressed, however I am
confident that something is going to happen before crossover. I know
that those of you that have been subjected to this pilot are very
concerned about the way this was thrust upon you so as soon as I have a
clear understanding of what is going to happen I will let you know.
More to follow.
Week 4 of the 2010 Session of the GA has
ended on a rather historic note. It is the first time anyone can
remember all GA activities cancelled because of snow and yet that is
exactly what has happened. All Committee meetings and sessions of both
the House and Senate were cancelled for today.
HB1346 was heard last
evening in a subcommittee of House Commerce & Labor. This Bill was
sponsored by Delegate Bill Barlow of the Southampton, Franklin City,
Surry area. You might recall the case of Lt. Kurt Beach of the
Smithfield Police Department who attempted to save the life of a small
child in 1988 by administering mouth to mouth. Unfortunately the child
died but in the process of applying mouth to mouth Lt. Beach contracted
Hepatitis. It did not manifest itself until 8 years later. Over the
course of the next several years the disease began destroying his
liver. Lt. Beach almost died last year however at the last minute he
received a liver transplant and in what can be considered an absolute
miracle from God Kurt has recovered and is back at work with the
Smithfield Police Department. Last year the VSPA stood with Lt. Beach
and advocated for a relief Bill that was ultimately passed by the
General Assembly which provided $250,000 in relief to his family to aid
with the payment of enormous medical bills that Worker’s Comp denied
coverage on because the disease did not manifest itself until after the
2 year statute of limitations. This year HB1346 sought
to include Hepatitis as a disease presumed to have been caught from a
documented “line of duty” exposure. This is a cause that Lt. Beach has
himself pursued in the hopes of providing protection to other “first
responders” so they won't have to experience the financial hardships
that he and his family have experienced. We stood again with Lt. Beach
last evening in support of 1346. Delegate Barlow did a great job of
presenting the Bill as did Lt. Beach. We were the only law enforcement
organization that was there to speak in favor of this Bill.
Representatives from the insurance industry spoke in opposition to the
Bill claiming it would cause to much potential financial hardship for
them. In the end Delegate Ken Alexander from Norfolk made a motion to
report the Bill, however Delegate Ben Cline from Rockbridge made a
substitute motion to “table” the Bill, (this effectively kills the Bill
for this session). Delegate Cline’s motion passed on an unrecorded
voice vote of 6-4, with absolutely no explanation from anyone as to why
it should not be reported. Because of the way voice votes occur and
also because of the construction of this particular room it was
impossible to say for sure who voted for or against the Bill.
Thanks to everyone who has provided
information concerning the Optima “pilot” in 5th Division.
Apparently word has been circulated widely in the Tidewater area among
state employees that the VSPA is working hard to reverse this “pilot”
because we have been inundated with emails from not only VSPA members,
but also from Judges, clerks of courts, and other state employees from a
variety of agencies all complaining of the service they have been
receiving. I made copies of all of the emails I have received to date
and hand delivered them to both Delegate Chris Jones, Chairman of the
House General Laws committee where HB1251 currently
resides as well as the Bills Patron, Delegate Lionel Spruill. It is
important to point out that many of the Delegates and Senators from this
area have been affected by this “pilot” and they are not happy either.
One of the Delegates was telling me about problems he was having as the
result of knee surgery his daughter received. I am cautiously
optimistic that something is going to happen on this matter in the House
next week. I will keep you posted. In the meantime keep those emails
coming. They are helping.
I am pleased to report that our Bill,
SB95, introduced by Senator Fred Quayle which
extends from 6 months to 12 months the amount of time a state police
officer has to return to work from a duty related injury was heard in
the Senate Finance Committee. Senator Quayle did a wonderful job
explaining the Bill. I also testified in support of the Bill
reinforcing the information Senator Quayle provided. As a result the
Committee “reported” (passed) the Bill by a vote of 15-0. The Bill now
goes to the full Senate and should be passed later this week. Once thru
the Senate it will go to the House after “crossover” which occurs on
February 16. HB71, the companion to
SB95 and introduced by Delegate Bill Carrico, could be
heard in a subcommittee of House Appropriations later this week.
No further action on any of the previously
discussed retirement Bills has occurred although they could also be
heard later this week.
Several of our 5th Division
members have provided information concerning the “Optima” Health care
“pilot” they have been forced into. A meeting on this matter was to be
held this morning however the Chair of the Committee considering this
issue had to reschedule the meeting until early next week. I can use
more information for this meeting so if you have not yet communicated
your concerns to me please do so as soon as possible at
waynehuggins@vspa.org.
Finally, please drop Senator Quayle a note
thanking him for his support and the job he is doing with
SB95. Senator Quayle represents the 13th
Senatorial District which covers part of Chesapeake, Franklin City,
Hopewell, Isle of Wight, Portsmouth, Prince George, Southampton and
Suffolk. His e-mail is
district13@senate.virginia.gov.
Have a great day!
Wayne
M. Wayne Huggins
Government Relations Director
Legislative Update
January 29, 2010
All Members,
Week 3 of the 2010 General Assembly is winding
down. HB610, the Bill patroned by Delegate Bob Purkey, which creates a
Defined Contribution Plan for all state employees that would be hired
after 7/1/2010, was briefly considered in the Compensation & Retirement
Subcommittee last evening. No action was taken on the Bill. I have met
with both the patron of the Bill and the Chairman of the Subcommittee
voicing our concerns about any proposal that will weaken our retirement
system. It appears that the 3 retirement Bills I have previously
discussed will be considered as a package rather than individually.
SB95 patroned by Senator Fred Quayle, is the Bill
that increases from 6 months to 12 months the amount of time a State
Police Officer injured in the line of duty has to return to work will be
heard early next week in Senate Finance.
Finally, I have had several meetings/discussions
with both the Patron of HB1251, Delegate Lionel Spruill, as well as
Delegate Chris Jones, the Chairman of the House General Laws Committee
voicing our strong support for this Bill. This the Bill that would allow
those 5th Division state employees who were forced into
Optima Health Care to return to their previous provider if they so
desire. I have relayed the problems that many of you have shared with
me to them. I have been ask by the Chairman to provide written
anecdotal information to him about your experiences. I have ask those
from who I have heard to provide me with written information concerning
their problems/concerns. If you have not shared your experiences with
me please, in writing to my email address below, do so by next Tuesday.
I will be sharing your problems with the Chairman. Thanks and have a
safe/warm weekend.
Just a quick update. None of the Bills I have
previously discussed have been heard. As soon as they are scheduled for
hearings I will let you know.
It seems certain that some changes are going to be
made to the retirement systems. I met with Delegate Lacey Putney
yesterday, Chairman of the House Appropriations Committee. We discussed
both HB 71, the Bill that extends short term disability from 6 months to
12 months for duty related injuries, as well as his retirement Bill. We
explained that our priority is protecting the retirements benefits as
they currently exist for all current State Employees. Our meeting was
very cordial and he seemed to receive our input very positively. I have
a second meeting later today with the Chairman of the Subcommittee where
all of these Bills currently reside, to discuss again our thoughts and
concerns about these various issues.
Finally, we will be participating in a Media
conference later this morning with the Virginia FOP, the Virginia Chiefs
of Police and the Virginia Sheriff’s Association. A number of Senators
and Delegates, both Democrats and Republicans are scheduled to join us.
The purpose of the event is to publicly explain what cuts in law
enforcement services have already been made as a result of previous
budget reductions and what may occur if further cuts are made. More to
follow.
Wayne
M. Wayne Huggins
Government Relations Director
Legislative Update
January 21, 2010
All Members,
Week 2 of the 2010 Session of the GA is
winding down. No Committee action on the Bills I have previously
discussed has been taken yet. I have spent the week listening to budget
presentations to various committees in both the House and Senate. I
have also met with the patrons of 2 of the 3 retirement Bills I
summarized earlier this week voicing our strong objections to anything
that will weaken our retirement, particularly for current employees. I
have met with Delegates Purkey and Brink. I am scheduled to meet with
Delegate Lacey Putney early next week. The meeting with Delegate Brink
was very positive and I am cautiously optimistic that the provisions of
his Bill will not survive. Thanks to all who have contacted these
Delegates. Your voice matters and they do listen to you. It helps a
great deal!
A message to our 5th Division
Members, particularly those of you who were forced to change to Optima
Health Care last July. I have spent a good deal of time talking to
various Delegates and Senators about the problems this has created for
you. Yesterday afternoon, Sara Wilson, the Director of DHRM made her
annual presentation to the House Appropriations Committee on the State
Employee Health Care Program. The “pilot” you were forced into was the
subject of considerable debate and discussion. Delegate Johnny Joannou
(Portsmouth/Suffolk) was particularly pointed and direct in his
questioning of Ms. Wilson and made it very clear he did not like this
program nor did he think it was fair. Additionally, Delegate Joannou
stated that he has received many complaints from both active and retired
state employees. Ms. Wilson testified that this was the idea of former
Governor Kaine and that she was merely doing what she was told. She
admitted there had been problems but DHRM was working to correct those
problems. Nonetheless, Delegate Lionel Spruill (Chesapeake/Suffolk) has
introduced HB1251, which would allow a state
employee to return to their old health care if they so desired. The
Bill has been Co-Sponsored by virtually every Delegate and Senator from
the entire Tidewater region. The Bill has been assigned to the House
General Laws Committee, Chaired by Delegate Chris Jones,
(Chesapeake/Suffolk) who is one of the Co-Sponsors of HB1251.
It could be heard as early as next Tuesday. I have let Delegate Spruill
know we support this Bill and I will be appearing at the hearing when
the Bill is heard. Please continue to reach out to your Delegates and
Senators thanking them for their support and providing them with
anecdotal information that may be helpful to them.
As always, I will let you keep you posted
as things develop.
As I mentioned last week the Inauguration
of our new Governor occupied much of the first couple of days of the
2010 Session of the General Assembly. The real work of this Session
begins today. Additional Bills have been filed, a few of which are of
critical interest to you.
Three retirement Bills have been
introduced. A summary of each follows:
HB511 has been
introduced by Delegate Bob Brink (Arlington) which mirrors Governor
Kaine’s proposed changes presented in his budget proposal. It would go
into effect July 1, 2010, and effect all current and future state
employees. This Bill provides that all state employees would begin
contributing 1% of your salary toward your retirement on 7/1/10 and an
additional 1% on 7/1/11. On those same dates the Commonwealth’s
contribution toward your retirement account would decrease by the same
amounts. Additionally the “early” retirement date for all employees
hired after 7/1/10 increases from age 50 to age 55.
HB610 has been
introduced by Delegate Bob Purkey (Virginia Beach). Effective 7/1/10
all new state employees would be required to participate in a “Defined
Contribution Plan” and any contributions to the individuals plan by the
Commonwealth shall be determined by the Commonwealth. The VRS Board is
required to create such a plan so the details of how it would work are
not provided in the Bill. Finally, it allows current State Employees to
“opt in” to this new plan if they so desire.
HB1189 has been
introduced by Delegate Lacey Putney, (Bedford) who is the Chair of the
House Appropriations Committee. It modifies the current Defined Benefit
plans for employees hired after 7/1/10 as follows: (i) requires employee
to contribute 5% of creditable compensation, (ii) reduces the portion of
the increase in the Consumer Price Index uses for determining annual
retirement allowance supplements (COLA) from 3 1/2 % of the additional
increases up to 7%, to 2 ½% to 6%, The Bill also reduces the
Commonwealth’s contribution by 1%. Additionally, the multiplier for new
state employees is decreased from 1.7% to 1.65%, however it does not
appear to reduce the SPORS multiplier. Also, it changes the number of
months used to calculate average final compensation from 36 to 60.
Finally it changes the unreduced early retirement benefits from 50 years
of age and 30 years of service to one whereby the sum of age plus years
of service equals 90.
We have been meeting with the sponsors
voicing our concerns about any plan that will diminish retirement
benefits, particularly for current employees. I strongly suggest you
communicate with these Delegates, as well as your own if different,
voicing your concerns. Their contact information is:
Committee hearings are beginning this week
and some of these Bills as well as those I mentioned last week could
come up this week. As such it is important that you communicate your
thoughts as soon as possible. As more information becomes available I
will let you know.
The 2010 Session of the General Assembly
will be convened at noon today. This is scheduled to be a 60
day Session. Needless to say the single biggest topic of
discussion is how to balance the Commonwealth’s budget for the
next 2 years. Estimates are that another $2 billion in
reductions will have to be made as the new Governor and the
House of Delegates has stated emphatically that there will be no
tax increases. There is no other way of saying it…………this is
going to get really ugly.
We have been meeting continually with
members of both Houses and both parties explaining where we are
and what the already sustained cuts have done to us. We are
also explaining what additional cuts could do to us. It is way
too early to make any kind of predictions however everyone is
currently preoccupied with this various inaugural activities
that are ongoing and will conclude this weekend with the
swearing in of our new Governor, Lt. Governor and Attorney
General. I have had conversations with all three of them, as
well as the new Secretary of Public Safety explaining our
concerns.
Prefiling of Bills has been
uncharacteristically light so far. It seems that everyone is
preoccupied with the Budget and Bills that would require
additional funding are simply not being introduced. A Bill that
we have asked to have reintroduced is the Bill that would extend
short term disability benefits for duty related injuries from
6months to 1 year. It has been introduced in the House by
Delegate Bill Carrico and is HB71. Senator Fred Quayle from
Chesapeake has introduced the same Bill in the Senate and it is
SB95. I anticipate the filing of Bills to pick up now that the
Legislators are back in town. As we identify Bills of interest
to you we will let you know. Please continue to share your
thoughts with your Delegates and Senators.