The House of Delegates and the State Senate are in session today (April 3) for the annual reconvened session as required by the constitution. Often referred to as the veto session, part of its business is to consider bills vetoed or with amendments proposed by the Governor. During the regular odd-numbered short session that adjourned on Feb. 24 after 46 days, there were 3,128 bills and resolutions considered. Setting aside resolutions that do not have the force of law of bills, there were 883 bills that passed the legislature all of which must have the signature of the Governor in order to become law. The Governor’s veto can be overturned by a vote of two-thirds of the members of both houses.
The governor in Virginia has the unique ability among executive officials to propose amendments to bills that previously passed but then must be approved by the General Assembly in the reconvened session with the amendments proposed. This ability for the governor to make corrections or to change the provisions of a bill gives the governor important legislative powers and enhances the importance of the reconvened session that typically lasts for a single day but can go up to three days.
Among the bills on the docket for this reconvened session is a bill that had passed both houses of the legislature but died at the last moment of the regular session. The dispute was over legal language to prohibit the use of cell phones that are not hands-free. The bill will be back before the legislature thanks to an amendment by the Governor, and it is likely to finally pass.
I expect to support the Governor in his vetoes of bills. One bill that he vetoed would limit his authority to involve Virginia in the Regional Greenhouse Gas Initiative, a cap-and-trade program among Northeastern and Mid-Atlantic states that mandates emission reduction in the power sector. Virginia’s involvement in this program is among the most important steps the state can take in reducing greenhouse gases and tackling climate change.
Governor Northam has also vetoed a bill that I had opposed during the regular session that would force law enforcement agencies to use precious resources to perform functions of federal immigration law that are part of the current immigration hysteria. He also vetoed a bill that would have limited the ability of local governments in making decisions about their local employment and pay consideration.
Included among the bills that passed are bills that passed in identical form but were only introduced in one house. Some advocates and legislators believe that there is more certainty that a bill will finally pass if it moves through the legislature on two separate tracks. The governor signs both identical bills to keep from choosing among competing bill sponsors. No one that I know has taken the time to count these bills, but I believe that more than half fall into this category. I question that approach—it seems like unnecessary duplication in an already complex system.