Governor Kaine Announces Action on Legislation from 2007 Reconvened Session

Press Release

- Governor vetoes five bills -

Governor Timothy M. Kaine announced today that he has vetoed five measures following the Reconvened Session of the 2007 General Assembly on Wednesday, April 4th.

SENATE BILL NO. 838 dealt with disclosure by local officials on potential conflicts of interest concerning local land use matters.

"The House of Delegates amended the bill during the legislative session to weaken disclosure requirements for local officials in most of the state. I offered an amendment to restore those provisions, which dealt with contract purchasers of land," Governor Kaine said in his veto message to the legislature. "The Senate accepted this amendment, but the House of Delegates did not. I am not willing to weaken conflict of interest disclosure in most Virginia localities. Accordingly, I am vetoing this bill."

SENATE BILL NO. 1203 called for a study of options for sex offender treatment by the Department of Mental Health, Mental Retardation, and Substance Abuse Services.

"This bill was overly prescriptive of matters best left to the professionals in our state mental health agency, and my amendments restored broader treatment options to those professionals," Governor Kaine said. "These amendments were accepted by the Senate. They were, however, rejected by the House of Delegates. I believe this bill in its original, enrolled form is not necessary. I am directing the Department of Mental Health, Mental Retardation, and Substance Abuse Services to review, on an ongoing basis, the appropriate options for sex offender treatment."

SENATE BILL NO. 1301 would have created a formula for recommended appropriations to Combined Sewer Overflow projects in Lynchburg and Richmond.

"I offered amendments to this bill that provided more certainty about annual appropriations to Lynchburg and Richmond. Without the amendments, the bill could have a negative effect on funding for farmers engaged in agricultural best management practices, and other non-point source programs, that control nutrient pollution into our streams and rivers," Governor Kaine said. "These important programs shouldn't be sacrificed to solve the CSO problem. Many leading stakeholder groups, including the Chesapeake Bay Foundation, the Virginia Farm Bureau, the Virginia Agribusiness Council, the Virginia Poultry Federation, and the Virginia Association of Soil and Water Conservation Districts, urged me to protect the funding that is critical to our agriculture industry's environmental stewardship efforts.

"The General Assembly did approve recommendations for over $3 million for each city for CSO projects this year in the state budget, so work can continue on these important projects. In addition, I pledge to once again include CSO funding in my upcoming biennial budget proposal," the Governor said. "I will continue to work with Lynchburg and Richmond city officials and legislators to find a workable, long-term funding solution for these CSO projects - a solution that does not jeopardize agriculture programs or diminish overall water quality in the Commonwealth."

HOUSE BILL NO. 2422 would have removed the requirement for restaurants to maintain nonsmoking sections, provided that they post "smoking permitted" signs.

"I offered an amendment to this legislation that would have banned smoking in all restaurants," Governor Kaine said. "There now is broad agreement that additional smoking limitations are warranted, yet my amendment was not accepted by the House of Delegates. I am not willing to sign legislation that would eliminate the current requirement for a nonsmoking section in restaurants. With this veto, that requirement remains in effect, and I have asked my Health Commissioner to convene stakeholders to develop a proposal for next year."

HOUSE BILL NO. 2673 would have required that a new jury be impaneled to set punishment if an original trial jury was unable to agree on the appropriate sentence.

"In order to fairly assess punishment, the sentencing jury should hear the testimony and see the evidence offered during the trial. A jury impaneled after trial lacks familiarity with the case and is therefore at a disadvantage," the Governor said. "Under current law, a new jury can only be impaneled for sentencing with the consent of the court, the Commonwealth's attorney, and the defendant. I believe that we should maintain that policy."

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