McDonnell makes no vetoes to legislation

By: Olympia Meola | Richmond Times-Dispatch
Published: April 15, 2010

In an unusual move, Gov. Bob McDonnell did not veto any of the legislation sent to him by the 2010 General Assembly.

The Republican governor did amend 122 of the 871 bills sent to him, including a measure creating an abortion-rights license plate and ethics reform passed in the wake of a controversy involving former Del. Phillip A. Hamilton, R-Newport News.

McDonnell's director of communications, J. Tucker Martin, pointed to the governor's 14 years of service in the General Assembly.

"Conversations and meetings on legislation occurred daily" between the governor's office, his staff and legislators, Martin said. "That diligent approach allowed decisions and changes to be made gradually over a period of months, rather than all at once prior to the reconvened session."

Most Virginia governors in recent times have vetoed legislation. In 2009, for example, Gov. Timothy M. Kaine, a Democrat, rejected 12 bills and proposed revisions to 105 others.

McDonnell did make substantial adjustments to ethics legislation.

A measure that passed the legislature states that once the House and Senate Ethics Advisory panels determine to move ahead with an inquiry into the conduct of any legislator, they must complete the investigation even if the legislator resigns.

Hamilton was being investigated by the House Ethics Advisory Panel until he resigned from the House in November, before his term ended.

McDonnell is seeking a change so that if a member leaves the General Assembly during the course of the preliminary investigation or proceedings, the panels must discontinue the probe and refer the case to the attorney general "for such action as he deems appropriate."

Under his amendment, he also wants to ensure that no complaint can be filed with the panel 60 or fewer days before an election or other nominating event involving the cited legislator. The legislation that passed made the panel director hold the complaint until after the election if it was filed 60 or fewer days before a primary of election.

On another measure, the governor, a Catholic, allowed the state to sell an abortion-rights license plate with the phrase "Trust Women, Respect Choice," which potentially could raise money for Planned Parenthood. He amended it so that the bill put into law Planned Parenthood's position that license-plate proceeds will not be used for abortion services.

The plate follows last year's "Choose Life" license plate, put forward by then-Sen. Ken Cuccinelli, now attorney general, and signed by Kaine.

McDonnell's signing could avoid legal action considered by the American Civil Liberties Union, which argues that state law prohibits discriminating against opposing political viewpoints on license plates.

Carl W. Tobias, a professor at the University of Richmond's School of Law, said McDonnell made the right decision on the plate.

"If McDonnell had not signed the bill, that would have invited litigation that Virginia would not have won, in light of 4th Circuit precedent, and cost thousands of dollars to litigate," he said.

As with the "Choose Life" plate, after 1,000 of the "Trust Women" plates are sold, $15 of the $25 fee will go to Planned Parenthood. The group said it would not use the money to fund abortions but could spend it on health and prevention services.

The General Assembly reconvenes Wednesday to consider the governor's tweaks. It takes a majority vote in the House of Delegates and Senate to accept the governor's amendments.

Contact Olympia Meola at (804) 649-6812 or omeola@timesdispatch.com.

Staff writer Jim Nolan contributed to this report.