More on Vetoes

by Dick Hall-Sizemore

At least one reader has requested that I post a list of all the bills that Governor Youngkin vetoed, along with summaries of the bills and the Governor’s explanation for his veto.  Such a list is at the end of this post.

I agree with some of the Governor’s vetoes, particularly of those bills directing a study or the convening of a task force.  Some of the bills seem somewhat trivial, such as the regulation of swimming pools by the Department of Health (HB 669) or requesting a federal waiver (HB 1270).  Sometimes, it is best to study an issue before proposing legislation to carry out a certain policy.  The oversight of the Department of Juvenile Justice (HB 1197) would be such an example. In those cases, the General Assembly could have accomplished its purpose by passing a joint resolution requesting agencies to conduct such studies. Agencies invariably conduct such studies, if requested, and joint resolutions cannot be vetoed.

Following up on my earlier post on the vetoes of Sen. Ebbin’s bills, after seeing the explanations of the Governor, it is even more obvious that the Senator was targeted by the Governor.  The Governor vetoed six of those bills (SB 271, SB 278, SB 280, SB 288, SB 393, and SB 655) because the General Assembly had passed an identical House or Senate bill or one which included the provisions of Ebbin’s bill, which the Governor had signed or had recommended amendments for, and, therefore, “this bill is no longer necessary”.  Ordinarily, this is a perfectly acceptable reason for vetoing a bill.  There are too many identical bills introduced and they tend to clog up the system.  I seem to remember Governor Wilder announcing that, if two or more identical bills were sent to him, he would sign only one of them.  That helped reduce some of the workload.

If Governor Youngkin had adopted a general policy of signing only one of two identical bills sent to him, I would have applauded him.  But he did not do that.  He signed numerous bills that were duplicates.  Ebbin’s bills were the only ones vetoed for that reason. Here is a partial list of pairs of identical bills that he has signed:

  • HB 358/SB 572
  • HB 768/SB 335
  • HB 884/SB 195
  • HB 994/SB 529
  • HB 1009/SB 656
  • HB 1010/SB 620
  • HB 1129/SB 600

Two predictions:

  1. The vetoes will stand. It takes a two-thirds vote of each house to override a Governor’s veto.
  2. There will be more vetoes. The Governor sent back about 100 bills with recommended changes.  If either house rejects the Governor’s amendments, the bill is sent back to the Governor as it originally passed.  The Governor then has three options:
    1. Sign the bill as passed by the legislature
    2. Veto the bill.
    3. Allow the bill to become law without his signature.

Following is a list of the vetoed bills showing the patron, a summary of the bill, and the Governor’s explanation for his veto in italics.

HB 573 (Clark, D-Portsmouth).  Provides that the statute of limitations for an action on any contract, written or unwritten, for health care services, including actions brought by the Commonwealth, is three years.  Governor’s explanationThis legislation would create unintended consequences and have significant implications on financial regulations in the Commonwealth by inadvertently capturing other forms of debt other than medical debt.

HB 669 (Hope, D-Arlington).  Directs the Commissioner of Health to convene a work group to study whether swimming pools and other water recreational facilities for public use or use in conjunction with a tourist facility or health spa should be regulated by the Department of Health.  Governor’s explanation: There is currently a working group focused on similar considerations.

HB 670 (Hope, D-Arlington).  Allows the governing body of any county with the county manager plan of government (Arlington County) to appoint an independent policing auditor.  Governor’s explanationInvesting in a single politically-appointed individual the power of judge, jury, and executioner without any input from law-enforcement officers or delineated qualifications for such individual constitutes an undue burden for those who protect and serve the community.

HB 675 (Hope, D-Arlington).  Eliminates the authority of a health carrier to vary its premium rates based on tobacco use.  Governor’s explanation:  Smoking and tobacco use are among the leading causes of chronic health problems that result in higher healthcare costs. This legislation would force insurance companies to recover costs associated with tobacco users by raising premiums on non-tobacco users. The ability to reduce premiums by quitting smoking is also a valuable incentive to encourage healthier habits.  Requiring non-tobacco users to cover the increased healthcare costs associated with tobacco use is not a policy I can support. For BR comment on this bill and veto, see here.

HB 802 (Price, D-Newport News).  Provides that if a condition exists in a rental dwelling unit that constitutes a material noncompliance by the landlord with the rental agreement or with any provision of law that, if not promptly corrected, constitutes a fire hazard or serious threat to the life, health, or safety of tenants or occupants of the premises, a locality may bring an action to enforce the landlord’s duty to maintain the rental dwelling in a fit and habitable condition. Governor’s explanation: The legislation contains unnecessary and duplicative provisions, already established under the Virginia Uniform Statewide Building Code (USBC), the provide effective powers to localities to enforce violations of the USBC.

HB 820 (Torian, D-Prince William).  Requires the Department of Small Business and Supplier Diversity to conduct a disparity study every five years, next due no later than January 1, 2026. Governor’s explanation: In 2020, the Department of Small Business and Supplier Diversity completed a disparity study which found that from 2014 to 2019 the Commonwealth had considerable disparities for women- and minority-owned businesses in contracts and procurement with institutions of higher education and state government.  Taxpayer dollars should not be used to highlight the failings of previous administrations. Instead, we must use our crucial resources to eliminate these disparities and to cultivate an environment that is conducive to higher wages, employment, and business ownership for minorities and women.  The Commonwealth is under new management and the time for action is now.

HB 1004  (Guzman, D-Prince William).  Removes the requirement that individuals register for the Selective Service in compliance with federal law in order to be eligible for the Two-Year College Transfer Grant and the Virginia Tuition Assistance Grant Program.  Governor’s explanationSelective Service eligibility remains an ongoing issue, with concerns about who should and should not be compelled to register. However, while these questions remain unanswered by Congress, it is premature for the Commonwealth to remove the requirement for Selective Service eligibility for tuition assistance.

HB 1197 (Hope, D-Arlington).  Directs a study of transferring the Department of Juvenile Justice from the Secretariat of Public Safety and Homeland Security to the Secretariat of Health and Human Resources.  Governor’s explanationFundamentally, the Department of Juvenile Justice is a corrections agency. In the view of this administration, a study of the feasibility of moving this agency is unnecessary. If the General Assembly would like to move this agency, it should pass legislation directing as such.

HB 1270 (Sickles, D-Fairfax). Directs a study of requesting a waiver from the U.S. Department of Agriculture to allow individuals in the custody of state or local correctional facilities in the Commonwealth to apply for Supplemental Nutrition Assistance Program benefits prior to release from custody. Governor’s explanation:  This is an unnecessary work group without clear policy direction from the General Assembly.  Waiver requests have been prepared in the past, but not submitted.  If the General Assembly would like the Department of Social Services to submit this waiver, it should pass legislation directing as such. 

HB 1298 (Price, D-Newport News).  Prohibits any high school student-athlete who participates in an athletic competition from entering into any contract to receive compensation in relation to such student’s athletic participation in exchange for the use of such student’s name, image, or likeness.  Governor’s explanation:  We must recognize the rapidly changing landscape of amateur athletics and online economies. The claim that this bill is necessarily to protect minors from predatory contracts ignores that minors in Virginia are generally prohibited from entering into contracts without parental consent. Virginia High School League policy also restricts paid endorsement deals.

SB 250 (Surovell, D-Fairfax).  Increases the annual fees for nonhazardous solid waste management facilities and indexes the fees annually based on the change in the Consumer Price Index.  Governor’s explanation:  While this legislation has the important goal of providing funding for the Department of Environmental Quality (DEQ) nonhazardous solid waste management program, it increases the cost of doing business in Virginia with pass-through costs to consumers. The bill was necessitated after prior administrations borrowed money from other DEQ funds over an eight year period to pay for management of the nonhazardous solid waste management program.  The burden of increased costs this would place on Virginians is too great, especially given the record budget surpluses of the Commonwealth and the accelerated inflation that everyday Virginians are experiencing. And I will not raise fees simply to erase eight years of mismanagement by prior administrations.

SB 271 (Ebbin, D-Alexandria).  Prohibits against discriminating against living organ donors in the setting of insurance rates.  Governor’s explanation:  During the 2022 Session, the General Assembly passed House Bill 421. Given my signature to the companion legislation, this bill is no longer necessary.

SB 278 (Ebbin, D-Alexandria).  Prohibits a person from parking a vehicle not capable of receiving an electric charge in a space clearly marked as reserved for charging electric vehicles.  Governor’s explanation:  I have recommended amendments to House Bill 450 that accomplish the same purpose of this bill.

SB 280 (Ebbin, D-Alexandria).  Directs Dominion Energy Virginia to provide local reliability data within 30 days upon request by a locality located within the service territory of the utility. Governor’s explanation:  During the 2022 Session, the General Assembly passed House Bill 414.  Given my signature to the companion legislation, this bill is no longer necessary.

SB 286 (Ebbin, D-Alexandria).  Adds a survey of the property to the list of materials that a purchaser of the property can review as part of exercising whatever due diligence the particular purchaser deems necessary with respect to a historic district designated by the locality.  Governor’s explanation:  This legislation adds unnecessary language into the Code where clear protections are already in place to notify potential home buyers of further requirements when making changes to historic homes.

SB 288 (Ebbin, D-Alexandria).  Increases from 20 percent to 30 percent the Virginia individual and corporate income tax deduction for business interest disallowed as a deduction under § 163(j) of the Internal Revenue Code for taxable years beginning on and after January 1, 2022.  Governor’s explanation:  During the 2022 Session, the General Assembly passed House Bill 1006. Given my signature to the companion legislation, this bill is no longer necessary.

HB 297 (Deeds, D-Bath).  Provides that any health care provider that undertakes any debt collection activities prior to an award from the Criminal Injuries Compensation Fund is issued or determined to be noncompensable has committed a prohibited practice under the Virginia Consumer Protection Act. Governor’s explanation:  This legislation creates unintended consequences that could harm small healthcare providers by creating additional legal liability. The bill could also result in higher health care costs for Virginians.

SB 311 (Ebbin, D-Alexandria).  Requires real estate agents to disclose ownership in property being sold or rented.  Governor’s explanation:  During the 2022 Session, the General Assembly passed House Bill 281. Given my signature to the companion legislation, this bill is no longer necessary.

SB 347 (Bell, D-Loudoun).  Requires the State Corporation Commission (the Commission) to establish for Dominion Energy Virginia annual energy efficiency savings targets for customers who are low-income, elderly, disabled, or veterans of military service.  Governor’s explanation:  Although this legislation has the commendable goal of promoting energy efficiency, the requirements included in this legislation could, through an arbitrary declaration of the public interest, increase energy costs on Virginians. As a result, the Commonwealth’s energy policy moves further away from a cost-effective, all-of-the-above strategy with strong regulatory oversight administered by the SCC.  For BR comment on this bill and veto, see here.

SB 389 (Ebbin, D-Alexandria).  Repeals the provision of the Code of Virginia requiring an adult child to assist in providing for the support and maintenance of his or her parent, when such parent requires assistance.  Governor’s explanation:  Primarily, the Commonwealth’s filial responsibility law supports those who care for their elderly parents.  In establishing a bankruptcy budget, the court allows for necessary and reasonable expenditures and the repeal of § 20-88 could prevent an individual from covering these expenses within the budget of their debtor.  For those undergoing bankruptcy proceedings, there is a grave risk of unforeseeable and unintended consequences, which may harm people going through some of the most difficult times in their lives.

SB 393 (Ebbin, D-Alexandria).  Provides that a controller that has obtained personal data about a consumer from a third party shall be deemed in compliance with a consumer’s request to delete such data if certain conditions are met.  Governor’s explanationDuring the 2022 Session, the General Assembly passed House Bill 381.  Given my signature to the companion legislation, this bill is no longer necessary.

SB 422 (Edwards, D-Roanoke).  Eliminates the authority of a health carrier to vary its premium rates based on tobacco use.  Governor’s explanation: Smoking and tobacco use are among the leading causes of chronic health problems that result in higher healthcare costs. This legislation would force insurance companies to recover costs associated with tobacco users by raising premiums on non-tobacco users. The ability to reduce premiums by quitting smoking is also a valuable incentive to encourage healthier habits. Requiring non-tobacco users to cover the increased healthcare costs associated with tobacco use is not a policy I can support.  For BR comment on this bill and veto, see here.

SB 464 (Surovell, D-Fairfax).  Requires the attorney for the Commonwealth to file with the clerk of the court a copy of any witness subpoena and to provide a copy of such subpoena to any defendant or attorney for the defendant in the pending criminal matter.  Governor’s explanation:  At its heart, this bill seeks to increase prosecutors’ mandatory duties and subject criminal penalties on prosecutors for failure to comply. The effect of this bill will be to create an additional, and arguably frivolous, mechanism for criminal defense attorneys to prevent critical prosecution witnesses from testifying and enable defense attorneys to cast false doubt on prosecutors’ adherence to legitimate due process protections already established in Virginia law.  The underlying bill is unnecessary and duplicative of other provisions of law and court rules.

SB 655 (Ebbin, D-Alexandria).  Requires employers to electronically submit claim-related forms and separation information, as well as other information and electronic tax payments, upon the Virginia Employment Commission’s request, unless the employer has received a waiver by the Commission.  Governor’s explanation:  I have recommended amendments to House Bill 270 and Senate Bill 219 that accomplish the same purpose of this bill.

SB 706 (Marsden, D-Fairfax).   Prohibits operators of heavy trucks, as defined in the bill, from using cruise control or compression release engine brakes when driving in active snow, sleet, or freezing rain.  Governor’s explanation:  Specifically, this bill is intended to prevent a traffic crisis such as the one that occurred on Interstate 95 on January 3, 2022 where semi-trailer trucks were immobilized by icy conditions, which prevented first responders from rescuing stranded motorists. However, the provisions of this bill would not prevent a similar incident from occurring. According to a report sponsored by the Virginia Department of Emergency Management, the Virginia Department of Transportation, and the Virginia State Police, neither cruise control nor compression release brakes were found to have contributed to the traffic crisis.  Additionally, this bill excludes enforcement mechanisms to support its provisions, except for a secondary offense only provable by after-incident data. Consequently, this bill would impose burdens on Virginia’s trucking industry, as well as interstate transportation, without any demonstrable public safety or transportation benefit. More broadly, the Code of Virginia should not be littered with traffic provisions that law enforcement is not authorized to enforce.

SB 722 (Marsden, D-Fairfax).   Authorizes localities in Planning District 8 to prohibit parking a motor vehicle with its wheels fully on the curb or with its wheels straddling the curb.  Governor’s explanationIt is unclear that this bill would be effective in combating these nuisances, as the connection between fines and towing for parking on a curb is dubious.  Moreover, issuing a ticket and towing a vehicle because a driver parked on or partially on a curb is a steep penalty for an infraction that has no bearing on traffic safety or the ability of first responders to access public roadways or properties.  The result would be needless fines and towing charges levied on drivers in Northern Virginia without any public safety or transportation benefit.