Vetoes Focused on Public Safety & Protecting Consumers

Governor Abigail Spanberger today vetoed legislation that would threaten Virginians’ personal property, require Virginians to pay a new fee on all mattress purchases, and make it harder for Virginia’s criminal justice system to hold offenders accountable.

The Governor vetoed House Bill 1288 and Senate Bill 17, which would allow towing companies, garage operators, and mechanics to sell more cars on their lots without a court order.

The Governor’s official veto statement for House Bill 1288 and Senate Bill 17:

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 1288 [Senate Bill 17], which would allow tow truck companies, garage keepers, mechanics, and self-storage facilities to auction off more vehicles in their possession without judicial approval.

Companies often take temporary custody of a person’s vehicle, including when a car needs routine maintenance, when the person parks at the airport, when a vehicle breaks down, or in less honest cases, when a person is the victim of predatory towing. Regardless of the reason why, Virginians should not have to worry that the company with temporary possession of their vehicle can sell it without their permission or a court order.

House Bill 1288 [Senate Bill 17] would put more vehicle owners at risk by increasing the vehicle valuation limit from $12,500 to $17,000, allowing companies with temporary possession of a person’s car to use an administrative process to conduct a public auction of the car. House Bill 1288 [Senate Bill 17] would result in a significant increase in the number of vehicles that could be sold without going through the process of getting a court order.

Accordingly, I veto this bill.

—

Governor Spanberger vetoed House Bill 86, which would require all mattress retailers that sell to Virginians to participate in a single recycling program and require Virginians to pay a new fee on all mattress purchases.

The Governor’s official veto statement for House Bill 86:

Pursuant to Article V, Section 6 of the Constitution of Virginia, I veto House Bill 86 which would require Virginians to pay a new fee for a mattress recycling program earmarked for one specific organization.

While I value the need for reliable recycling for mattresses — which crowd landfills, mandating that all mattress retailers that sell to Virginians participate in a single recycling program and increase their prices makes this program unworkable for the Commonwealth.

Accordingly, I veto this bill.

—

The Governor also vetoed Senate Bill 764, which would undermine accountability and public safety in the legal system.

The Governor’s official veto statement for Senate Bill 764:

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto Senate Bill 764, which would significantly expand the use of deferred dispositions in criminal cases. The enrolled bill would permit the lessening or removal of penalties across a range of crimes.

Senate Bill 764 removes key guardrails that help ensure consistency and fairness, and it pre-empts a Commonwealth’s Attorney’s ability to prosecute some cases.

I am particularly concerned about the application of this bill to DUI offenses. Virginia has worked hard to reduce DUI-related crashes and fatalities, but impaired driving continues to take lives and devastate families across the Commonwealth.

Virginia’s criminal justice system must be fair, equitable, and focused on rehabilitation as well as accountability and public safety, and Senate Bill 764 undermines accountability and public safety.

Accordingly, I veto this bill.

—

Governor Spanberger also vetoed House Bill 637, which would lessen charging options for serious drug offenses.

The Governor’s official veto statement for House Bill 637:

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 637, which relates to possession of residue of a controlled substance.

House Bill 637 would prohibit charging a person with possession of a residual amount of a controlled substance under §18.2-250, including for Schedule I and Schedule II drugs. The prohibition would prevent Commonwealth’s Attorneys from exercising their discretion in prosecuting serious drug offenses and remove their ability to pursue a felony conviction when the facts justify that outcome.

House Bill 637 would create a new offense with misdemeanor penalties for possession of drug residue, which would have the unintended and regrettable consequence of making offenders who are arrested for possession of residue ineligible for drug court. Drug courts in Virginia help provide comprehensive substance abuse treatment under intensive supervision to defendants who struggle with substance use disorders and have proven valuable to offenders and public safety.

Accordingly, I veto this bill.

—

Finally, the Governor vetoed Senate Bill 23, which would limit plea agreement options for defendants and Commonwealth’s Attorneys as they seek negotiated resolutions.

The Governor’s official veto statement for Senate Bill 23:

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto Senate Bill 23, which would prohibit criminal defendants from waiving their Fourth Amendment rights as a condition of a plea agreement.

Permitting a defendant to waive their Fourth Amendment rights as part of a plea agreement is a common practice in courtrooms across the Commonwealth and Virginia law sets standards for Fourth Amendment waivers to protect defendants. Senate Bill 23 would limit plea agreement options for defendants and Commonwealth’s Attorneys as they seek negotiated resolutions.

Accordingly, I veto this bill.