General Assembly sustains bill vetoes, sends some amendments back to Youngkin

RICHMOND, Va. — All of Gov. Glenn Youngkin’s bill vetoes were sustained by the General Assembly this week, but not before some Democrats utilized their time in the reconvened session to highlight several key policies.

In the House, where all 100 delegates are up for reelection this fall, Democrats spoke on 13 vetoes. As they did, each lawmaker accused Republicans and Youngkin of being “terrified” of President Donald Trump.

“Once again, (Virginia Republicans’) priorities are not the priorities of Virginia’s working families,” said Del. Dan Helmer, D-Fairfax, speaking to a bill that would have banned assault weapons. “They are too terrified of Donald Trump to act, too terrified of Trump to remove weapons of war from our communities.”

The 157 sustained vetoes included legislation to increase the minimum wage, legalize and regulate recreational marijuana sales, and to allow localities to levy a 1% sales tax surcharge to fund school construction if approved in a voter referendum.

Republicans quickly grew weary of the repeated strategy, prompting laughter from their side of the aisle.

“I can just imagine the Democratic caucus, in the meeting beforehand going ‘You know, it would be a totally sick burn if we just said this in every single little speech we gave,’ and then they dutifully walked up here and did it,” said Del. Nick Freitas, R-Culpeper.

Youngkin returned 159 bills to the General Assembly with amendments. During the reconvened session Wednesday, the legislature voted to accept his recommendations on 69 bills. Those will be signed into law.

You can think of all of the bills before the General Assembly during the reconvened session as being already passed. If the legislature votes by simple majority to reject the governor’s amendments or substitutions, those bills are sent back to him as they were initially passed. Democrats narrowly control both chambers. The Republican governor now has 30 days to either sign or veto the legislation.

In some cases, legislators voted to reject the amendments and, by two-thirds majority, to pass the bill as enrolled, meaning that the governor has the option to sign the bill into law, or let the bill pass without his signature. It’s a way to ensure that legislation will not be vetoed.

Here’s what was passed Wednesday:

Accepted amendments

Legislators voted to formally accept Youngkin’s recommendations for a bill that would reduce probationary sentences for people who met certain employment, education, housing and health care criteria. Though Youngkin previously vetoed similar legislation, this year’s bill was proposed by Republicans in the House and Senate. The acceptance of his amendments means the governor likely will sign the bill this time.

As it was initially passed, people on probation could earn either 15 or 30 days trimmed from their sentence depending on the criteria. The governor’s changes included making all of the credit reductions 15 days and specifying that people can be denied credit reductions for even technical violations of probation.

“We worked closely with the Governor’s office to find a compromise, knowing that a similar bill was vetoed last year,” said Sen. Christie New Craig, R-Chesapeake, in a statement last week. “Our priority was to ensure this year’s bill would not meet the same fate.”

The legislature also accepted amendments on a bill that would direct school boards to come up with plans to limit cellphone use in classrooms — the governor added in “bell to bell” language that would restrict their use during school hours generally.

It also voted to accept the governor’s technical recommendations on a bill that prohibits law enforcement from making false statements to children during police interrogations. The governor removed a provision that would have made some of those statements obtained by that practice admissible in court if the statements were given “knowingly, intelligently and voluntarily.”

Rejected amendments

Meanwhile, the General Assembly rejected amendments Democrats said would substantially change the legislation.

For example, on a bill that would establish a right to contraception, Youngkin proposed recommendations that would have permitted physicians to deny contraceptives if based on religious or conscientious objection.

“(Youngkin’s) amendments to House Bill 1716 gutted the bill I carried to simply enshrine a right to contraception in the state code,” said Del. Cia Price, D-Newport News. “Virginians want and need to be able to determine if and when to start a family and to have access to their needed medical care without the interference of politicians. We sent this bill back to the governor, and he should sign it immediately.”

Youngkin vetoed similar legislation last year after the legislature rejected his proposed amendments.

Likewise, the legislature voted not to accept the governor’s amendments to a bill that would require the Board of Medicine to mandate unconscious bias and cultural competency training. Those changes would have changed the requirement to two hours of continuing education training on populations that experience worse outcomes during pregnancy and birth. Youngkin vetoed comparable legislation last year after the General Assembly voted not to accept similar recommendations.

The legislature also declined to accept Youngkin’s amendments on the Save Local Pharmacies Act, which passed both chambers unanimously. The governor called for the Department of Medical Assistance Services to study the impact of a single third-party administrator to serve as the pharmacy benefit manager for all Medicaid pharmacy benefits, rather than implementing that policy.

In a rare move, House Speaker Don Scott, D-Portsmouth, ruled one of the governor’s amendments as “non-germane,” meaning too far removed and unrelated from the intent of the bill. HB1678 directed school boards to develop plans to communicate to parents the importance of storing firearms and prescription drugs safely. Youngkin tacked onto that legislation a provision that would require schools to notify parents if their child expressed a gender identity different from their sex assigned at birth.

The non-germane ruling meant the amendment was effectively thrown out, and the bill as it passed the legislature is back on the governor’s desk.

“Over the next 30 days I will review and take final action on the bills and budget amendments that have been sent back to my desk,” Youngkin said in a statement. “Thank you again to the General Assembly members for their work throughout this legislative session.”

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