GOVERNOR
EXECUTIVE ORDER NUMBER 65 (2017)
ADVANCING VIRGINIA'S PRESERVATION
STEWARDSHIP
Importance of the Order
Article V, Section 6 of the Constitution of Virginia vests in
the Governor the power to veto certain items within any appropriation act. This
is an essential power which permits the Governor to prevent legislative
overreach and maintain fiscal discipline for the Commonwealth. Since the
Supreme Court of Virginia decided Commonwealth v. Dodson, this power has
"undoubtedly" included the ability to veto entire "items or
unconstitutional provisions" in appropriation bills. 176 Va. 281, 310
(1940).
On April 28, 2017, I signed HB 1500 (the Budget Bill) with a
communication of five item vetoes related to cybersecurity public service
scholarships, the settlement of Medicaid claims, the expansion of the Virginia
Medicaid program, new conditions on funding for the Secretary of
Transportation, and funding for the Virginia Coalfields Economic Development
Authority. In addition, I noted that certain language in Item 125, which would
authorize the Comptroller to withhold funds from the Virginia Economic
Development Partnership until it met certain conditions as approved by specific
General Assembly members, was unconstitutional and unenforceable. On May 3,
2017, the Clerk of the House of Delegates indicated that he would not publish
two of my five item vetoes, those related to Item 306 JJJ.4 and Item 436,
considering them invalid under the Constitution of Virginia.
Frustrated by my successful veto of 120 of their bills, General
Assembly members have resorted to legislating through the budget, using the
appropriations power to change existing law in Virginia. This is an abuse of
legislative power and a violation of the Constitution of Virginia. Moreover,
the House Clerk's refusal to publish actions taken by the Governor is a
profound abuse of authority, purporting to endow an unelected ministerial
officer with some extra constitutional power to override the Governor's vetoes
based on his own legal opinions. This is entirely improper, and it must be
addressed in a manner reflective of the seriousness of the issues
involved-keeping Virginia's fiscal house in order.
Accordingly, I will use my authority under the Constitution of
Virginia and as the Chief Planning and Budget Officer of the Commonwealth to
bring clarity to Virginia's budget.
Executive Agencies to Recognize Item Vetoes
As of the date of this Order, all Executive Branch agencies are
hereby ordered to recognize and abide by the item vetoes I submitted to the
Clerk of the House of Delegates on April 28, 2017, the date the newly-enacted
budget became effective. All of these actions were legal, valid, and within the
constitutional authority granted to the Governor under Article V, Section 6 of
the Constitution of Virginia. Moreover, the provision in Item 125 that
delegates to three members of the General Assembly the power to decide whether
money is appropriated to the Virginia Economic Development Partnership or not
is clearly unconstitutional and unenforceable. I append to this Order a copy of
the communication of my actions to the General Assembly, which constitute the
final action on the current biennial budget.
All language stricken by my vetoes, including Item 306 JJJ.4
and the additional language purportedly added to Item 436, are null and void,
and of no legal effect whatsoever. Additionally, as noted in my communication
to the House, I consider Item 125.R.3 unconstitutional and unenforceable, and I
order the Comptroller not to abide by its terms.
Effective Date of the Executive Order
This Executive Order shall be effective upon its signing and
shall remain in force and effect until rescinded by further executive order.
Given under my hand and under the Seal of the Commonwealth of
Virginia, this 12th day of May, 2017.
/s/ Terence R. McAuliffe
Governor