Reconvened Session Update

On Wednesday, April 8^th, both chambers of the General Assembly reconvened to consider Governor Kaine’s amendments and vetoes to legislation passed during the short 2009 session.

In Virginia, once both chambers of the General Assembly pass a bill, the Governor has three options; he can sign the bill to have it enacted into law, he can veto the bill, or he can amend the bill. If the Governor vetos a bill, the General Assembly can overturn it with a 2/3 majority vote from both chambers, otherwise the veto is sustained. If the Governor amends a bill, the General Assembly must approve his amendments with a simple majority vote from both chambers. If his amendments are accepted, the bill becomes law. However, the Governor's amendments may be rejected and the original bill is then sent back to the Governor where it may be signed as originally presented or vetoed. Having rejected a Governor's amendment, the bill can be passed as originally presented to the Governor by a 2/3 majority vote of the members of each chamber. The Governor also has the ability to make amendments or veto specific items in the budget.

This year, as expected, Kaine vetoed several bills that would have expanded the application of the death penalty and bills dealing with carrying guns into restaurants that serve alcohol. The Democratic controlled Senate sustained Kaine’s vetoes on several bills including the “triggerman” bill that would have allowed the death penalty to apply to defendants in capital murder cases that had not actually pulled the trigger of the gun. Also sustained were bills that would have expanded the capital murder statute to apply the death penalty to those convicted of the killing of a fire marshals and auxiliary police officers.

While the Senate sustained the veto on a bill that would have allowed concealed weapons permit holders to carry firearms in restaurants that serve alcohol, they overrode Kaine’s veto on a similar bill that will allow retired law enforcement officers to do the same

thing. Two other gun related bills also received vetoes from Kaine this year. The first was a bill that would have put further restrictons on localities that participate in gun buy-back programs. After the House rejected Kaine’s veto, the Senate sustained it. Finally, the House and the Senate rejected the veto on a bill that would have allowed firearms training courses to be taken online.

Kaine made amendments to a handful of bills this year, mostly technical amendments, but perhaps the most contested item debated during the reconvened session was a proposal to extend unemployment insurance benefits to part-time workers and unemployed workers taking job-training courses. The extension of benefits to those people would have allowed Virginia to take approximately $125 million in federal stimulus funds. On a near party line vote, the House of Delegates rejected the proposal, infuriating Governor Kaine. The Republican leadership opposed the changes to Virginia’s unemployment laws because of concerns over the temporary nature of the stimulus funds and the permanent nature of a change to the state’s laws. The business community felt that the policy changes would push up their operating costs when they have to fund the increase in benefits once the stimulus money runs dry.

Another loss for Kaine was his attempt at trying to pass legislation that would have enacted early voting in Virginia. He amended a bill that extends absentee voting to emergency responders to include provisions for early voting. However, Delegate Jeff Frederick questioned whether the amendment was germane to the original bill and Speaker Howell ruled that it was not, thus sending the original bill back to Kaine for approval. The rules governing gubernatorial amendments require that the amendments be relevant and appropriate to the original bill.

The legislature did agree with Kaine on the topic of payday lending reform by further tightening restrictions. It was a minor, yet symbolic amendment that was added to the bill – an emergency clause that causes the legislation to go into effect immediately after Kaine signs the bill versus the normal enactment date of July 1. The new legislation prevents lenders from getting around reforms passed in 2008 regarding caps on fees and the number of loans taken out by offering open-ended loans that have extremely high interest rates. Now, lenders will be able to offer either payday loans or open-ended loans, but not both.

Regarding the budget, Kaine only made some minor line item amendments, which were sustained by the legislature. They included the restoration of $1 million in funding for public television and radio and $1.1 million in funding to firefighters.

Although Kaine has not yet announced the intention to do so, it is always possible that he could call the legislature back for a special session – possibly to address the issue of the stimulus money for unemployment insurance benefits. However, if he does not call legislators back to Richmond, this year’s reconvened session was the last day in the chamber for seven Delegates who have announced their retirement from the House. They include:

• Delegate Al Eisenberg (D-Arlington), a former Arlington County Board Chairman, has served in the House since 2004.
• Delegate William Fralin (R-Roanoke) will not be running for re-election, citing business and family obligations. He served in the House since 2004 and was a corporate lawyer for Medical Facilities of America, Inc.
• Delegate Jeff Frederick (R-Prince William) served since 2004 in the House and was recently removed from the post of Chairman of the Republican Party of Virginia. Frederick had made a promise during his campaign for the chairmanship that he would not seek re-election to the House. It is unclear what he will do next.
• Delegate Frank Hall (D-Richmond) is the second longest serving member of the House, having served since 1976. He served as leader of the House Democrats from 2002 to 2007. Governor Kaine has appointed him to serve on the three member board of the Virginia Alcoholic Beverage Control Commission.
• Delegate Frank Hargrove (R-Hanover) will not seek reelection this year after 28 years as a Delegate. A retired insurance executive, he is also the last World War II veteran to serve in the House.
• Delegate Clark Hogan (R-Halifax) will not seek reelection this year even though he is a personal friend of the Speaker and a budget conferee, having served since 2001. He has cited the difficult economic climate and the need to focus on his business, Ontario Hardwood, as the reason for his decision.
• Delegate Ken Mevin (D-Portsmouth) has been appointed by Kaine to a vacant circuit court seat in his hometown. The news of the appointment came the day before the reconvened session, while Melvin announced his retirement from the House in February. He served as a Delegate since 1986.