VETO Session – Senate D’s Protect Progress & Other Updates

Thursday, April 28, 2022

Dear Friend,

April 27th was a long day as lawmakers waded through the Governor’s amendments and vetoes. Each chamber needed to adopt an amendment by a majority vote for the amendment to be incorporated. Since there are 21 Democrats in the Senate, we were able to defeat amendments that altered the intent of the underlying legislation.

Regarding vetoes, however, each chamber had to deliver at least two-thirds of the vote to override the Governor’s veto. Needless to say, all of Governor Youngkin’s vetoes were sustained even if the underlying bill passed the respective chambers with overwhelming Republican support. I was frequently perplexed by the divergence of opinions between the Republican lawmakers and Governor Youngkin over certain issues. It seemed like Governor Youngkin was relying on polling data rather than sound public policy solutions.

Below are highlights of the session, and an invitation to a town hall this Saturday, April 30th, sponsored by Delegates Sullivan and Hope where I will be participating as a special guest.

I also invite you to participate in a 3K race/walk to help raise funds for the Fairfax Court Appointed Special Advocates (CASA) program. Please find the link to the race website here. While online sign-up has ended, you can register for the 3k race/walk in-person on the day of the event: Saturday morning (April 30th), between 6:30 a.m. and 7:30 a.m. The race/walk begins at 8 a.m., in front of the Fairfax County Courthouse at 4110 Chain Bridge Road, Fairfax, VA 22030.

Defeated Amendments: 

Loudoun School Board Elections (HB1138) Governor Youngkin amended Delegate Reid's bill to require that the entire Loudoun School Board shorten its duly elected term and stand for re-election in 2022 rather than 2023. This is an arbitrary change that undermines trust in the electoral process and causes havoc in the governing process. Voters elected school board members for a 4-year term and that timeline should not be changed on the whim of an executive who is intent on continuing divisive cultural wars. Although the Governor’s amendment to HB1138 passed the House, all 21 Democratic Senators and Senator Suetterlein (R) from Roanoke voted against the amendment in the Senate, thereby, defeating it. I spoke against the amendment on the floor, along with other members from the Loudoun delegation. Give a big “Thank You” to Senators Bell and Boysko when you see them.

Cannabis Substitute (SB591) SB591 as originally passed in a bipartisan fashion (33-7) had strong consumer protections regarding acceptable amounts of THC in edible and other products, requirements for social equity financing to help entrepreneurs from communities that were traditionally over-policed, and important criminal justice reforms. Yet, Governor Youngkin’s amendment in the nature of a substitute only banned products with the delta-8 elements but increased the amount of acceptable THC in other retail products. Mechanisms for social equity financing were not adequate, and two additional criminal misdemeanor categories were added that could result in jail time for possession of more than two ounces of marijuana, a move that increases opportunities for communities of color to be charged with criminal offenses. The bill was re-referred to the Rehabilitation and Social Services Committee, the committee that I chair, and I publicly stated that the Committee would not be taking up the Governor’s substitute. In effect, the referral to my committee killed this harmful bill. If, however, Governor Youngkin’s team reaches out to craft a compromise bill and a new proposal is offered when we reconvene to finish the budget, my committee will hear a new proposal and offer a recommendation to the Senate. 

Services to Homeless Youth (HB717) Delegate Filler-Corn sponsored legislation that would allow youth 14 years of age or older to be deemed an adult for purposes of accessing social services, including placement in shelters and supportive housing. The Governor placed a re-enactment clause on the bill but, surprisingly, the House of Delegates rejected the clause. This is a good thing since so many of our homeless youth are vulnerable to trafficking and desperately need services.

Vetoes This is a painful topic to discuss because several good bills were vetoed simply because Governor Youngkin did not want to address the problems that many Virginia youth and families face every day. Below are three examples of the most egregious vetoes, in my opinion.

  • Tenant Protections Delegate Price’s bill (HB802) gave localities the explicit authority to take legal action if a landlord did not maintain a rental dwelling in a “fit and habitable” condition.

  • Moving the Department of Juvenile Justice (DJJ) under Secretary of Health and Human Resources Delegate Hope’s bill (HB1197) created a work-group to examine the benefits of moving the DJJ out of the Public Safety secretariat and under the Secretary of Health and Human Resources. This was just a study and the need for change is obvious since on average the 3-year re-conviction rate for youth committed and released from a juvenile prison is about 75 percent. Clearly, a different approach with more emphasis on rehabilitation is needed to give these youth the tools to succeed.

  • Relief from Medical Debt Delegate Clark's bill (HB573) ensured that individuals could be relieved of their medical debt after a three-year period if certain conditions are met.

My Bills – The bills I sponsored as a chief patron improved access to health care, permitted foreign licensed teachers to teach in our classrooms, expanded child care services in multi-family buildings, and helped consumers with substance abuse disorders find certified recovery homes. These bills passed both chambers with bipartisan support and were either signed by the Governor or amended with language that better clarified the intent of the legislation. I worked very hard with a wide range of stakeholders on each of my 20 bills and attempted to address issues that were raised before a piece of legislation landed on Governor Youngkin’s desk. Fortunately, my co-patrons in the House, often moderate Republican lawmakers, were good partners in this effort as well.

It is a privilege and honor to represent you in Richmond. Looking forward to connecting with you in person one day soon.

Sincerely,

Senator Barbara Favola
31st District - Representing Parts of Arlington, Fairfax & Loudoun