The General Assembly returned to Richmond yesterday, April 17th, for one day to convene for what is known as the “Reconvened” or “Veto” session, at which time the General Assembly reviewed the Governor’s vetoes and amendments to their legislation. Governor Glenn Youngkin vetoed a record-breaking 153 bills, while also offering amendments to approximately 117 pieces of legislation. Additionally, at the end of the regular legislative session, the General Assembly passed and communicated a budget bill to the Governor. Governor Youngkin proposed 233 amendments, essentially rewriting the legislature’s budget bill.
There was much anticipation from the Commonwealth as the General Assembly reviewed the Governor’s amendments to the skill games legislation, patroned in the Senate by Senator Aaron Rouse during the regular session. The lengthy amendments appeared to limit the operation of skill games near schools, daycare centers, and casinos which would consequently limit large portions of the state hoping to operate skill games. Legislators rejected the Governor’s amendments, sending the bill back to him in its original form. Additionally, a piece of legislation, patroned by Senator Jeremy McPike, was written to allow localities to impose a 1% sales tax increase that would go to support capital projects for the construction or renovation of schools. This bill was vetoed by the Governor and did not receive the ⅔ majority required by legislators to override his veto, narrowly failing by two votes (25-Y 15-N).
While there was a great deal of contention leading up to the reconvened session, Governor Glenn Youngkin, Speaker Don Scott, both Senate and House Finance Chairs, and the caucus leadership met that morning prior to the start of the floor session at which time they agreed to work towards a new budget deal to be acted on next month. Procedurally, the General Assembly unanimously agreed to vote down all of Governor Youngkin’s proposed amendments to the budget under the assumption that there will be ample opportunity to negotiate and compromise on priorities over the next 30 days. Amongst some of the top spending priorities that will need to be dealt with between the General Assembly and the Governor include: teacher and state employee raises, taxes, higher education, skill games, behavioral health, and transportation.
The reconvened session concluded with the General Assembly adopting a joint resolution to direct the Governor to convene a special session on Monday, May 13th, for the purpose of considering new budget bills. Since the General Assembly will be in an official special session, the budget bills will be reintroduced with new bill numbers. The new biennial budget is then scheduled for a vote on Wednesday, May 15th, to go into effect at the start of the new fiscal year on July 1st.
As we approach the special session, we will be sure to keep you informed on any relevant legislative updates as they arise. As always, should you have any questions, please do not hesitate to reach out.
Key bills the Governor took action on…
Minimum Wage
Tipped Wage
Sales Tax Holiday
ORC/Larceny
Environment
- HB 4 – Plastic bag tax; distribution to towns
- HB 1085 and SB 243– PFAS Expert Advisory Committee; established, monitoring sources.
Unemployment Compensation
- HB 14 and SB 381– Unemployment compensation; employer’s failure to respond to requests for information, etc
- HB 938 and SB 542 – Unemployment insurance; benefit eligibility conditions; lockout exception to labor dispute
- HB 1261 – Unemployment compensation; continuation of benefits; repayment of overpayments
- SB 382 – Unemployment compensation; collection of overpayments; limitations
- SB 536– Unemployment compensation; continuation of benefits; repayment of overpayments
Workers Comp
- HB 205 – Workers’ compensation; prompt payment, limitation on claims
- Before the Governor for Signature
- HB 974 – Workers’ compensation; employee may satisfy burden of proof by circumstantial evidence – Before the Governor for Signature
- SB 241 – Workers’ compensation; notice of right to dispute claim
Product Ban
- HB 47 and SB 306 – Invasive plant species; requirements for retail sales
- HB 1167 – Local prohibition on the sale of English ivy; civil penalty
Tobacco
- HB 790 – Registration of tobacco products retailers; purchase, possession, and sale of retail tobacco – Before the Governor for Signature
- HB 947– Comprehensive plan; vape shops near schools
- HB 1018 – Powers of investigators; enforcement of certain tobacco laws.
- HB 1069 and SB 550– Liquid nicotine and nicotine vapor products; certification and directory; penalties
- HB 1099 – Heated tobacco; taxation
Employer Mandates
- HB 569 – Employment discrimination; employee notification of federal and state statute of limitations
- HB 770 – Retaliatory action against employee prohibited; remedies available
- HB 924 – Transportation network companies; delivery network companies; publishing and disclosure requirement
- HB 990 and SB 370– Prohibiting employer seeking wage or salary history of prospective employees; wage or salary range
Paid Leave/Unpaid Leave
- SB 373– Paid family and medical leave insurance program; notice requirements, civil action
- HB 1098 – Unpaid family bereavement leave; civil penalty
Consumer Protection/Privacy
Before the Governor for Signature
- HB 744 – Consumer protection; automatic renewal or continuous service offers
- HB 1519 – Virginia Consumer Protection Act; Fees for Electronic Fund Transfers;
Class Action
ABC
- HB 522 and SB 182– Alcoholic beverage control; advertisements
- HB 688 and SB 635– Alcoholic beverage control; sale and delivery of mixed beverages and pre-mixed wine for off-premise
- SB 658 – ABC, Timeline for Summary Suspension
Cannabis
- HB 149 and SB 391– Employee protections; medicinal use of cannabis oil
- HB 698 and SB 448– Cannabis control; establishes a framework for creation of a retail marijuana market, penalties – Before the Governor for Signature
Small Business
- HB 1404 – Small SWaM Business Procurement Enhancement Program; established, definitions
Miscellaneous
- HB 160 – Veterans; workplace poster for benefits and services
- HB 474 – Restroom Access Act; civil liability
- HB 633 – Forced labor or service; civil action for trafficking, penalties
- HB 782 – Virginia Human Rights Act; dual-filed civil actions
- HB 1035 – Places of public accommodation; possession and administration of epinephrine
- HB 1301 – Virginia Post-Disaster Anti-Price Gouging Act; definitions
- SB 350 – Virginia Human Rights Act; right to sue
- SB 570 – Virginia Human Rights Act; definition of “employer”
- SB 634 – State Corporation Commission; powers and duties
