In an email sent to VBA members March 1, Legislative Counsel Eric Link provided an update on the VBA's legislative agenda. He wrote:

On Saturday, Feb. 25, the Virginia General Assembly adjourned sine die, concluding the 2023 regular session. The General Assembly is sending several hundred bills to Gov. Glenn Youngkin for his signature, amendment or veto by March 27. Though that number may sound large, the legislature failed to reach consensus on several significant policy matters. The amended state budget remains incomplete.

Legislative success

I am pleased to report that the General Assembly passed every VBA bill that it considered. The entire VBA legislative package is going to the governor for his consideration. Please visit vba.org/2023-bills to review the VBA’s agenda and legislative history for each bill.

Judges

The General Assembly elected or re-elected a number of judges and justices. They are:

• One justice of the Supreme Court of Virginia;
• Two judges of the Court of Appeals of Virginia;
• 25 circuit court judges;
• 15 general district court judges;
• 17 juvenile and domestic relations judges; and,
• Three members of the Judicial Inquiry and Review Commission.

The General Assembly failed to reach an agreement on judges to fill vacancies on the State Corporation Commission. That body continues to operate with a single judge rather than its authorized three judges.

See the full list of elected and re-elected jurists.

Budget status

The General Assembly reached an impasse in attempts to negotiate a comprehensive set of amendments to the second year of the biennial budget. The two chambers have stated that they remain far apart on proposals for individual and corporate tax reform.

In an unusual move, the General Assembly passed what it is calling a “skinny budget” that addresses a limited number of priorities, including funding to local school districts to correct a mistake in the state calculation of funds, money for certain state construction projects, a contribution to the state retirement system and a deposit in the state’s “rainy day fund.”

The House, Senate and governor all committed to continuing a dialogue on a comprehensive agreement before the July 1 fiscal year begins, however the timing and contours of any such agreement remain unclear. Options include a special session or budget work during April’s reconvened session. Your legislative counsel will update members on budget developments, as warranted.

Political update

The end of the session saw a number of longtime legislators officially announce their retirement. Combine these retirements with additional anticipated retirements, incumbent vs. incumbent races, and legislators seeking other offices and it is clear that the Virginia General Assembly will see a level of turnover and loss of institutional knowledge not seen in decades.

These legislators have announced their retirement:

• Sen. John Edwards
• Sen. Janet Howell
• Sen. Tommy Norment
• Sen. Richard Saslaw
• Sen. Jill Vogel
• Del. Tim Anderson
• Del. John Avoli
• Del. Rob Bell
• Del. Jeff Bourne
• Del. Kathy Byron
• Del. James Edmunds
• Del. Mike Mullin
• Del. Kathleen Murphy
• Del. Ken Plum
• Del. Margaret Ransone
• Del. Roxann Robinson

Next steps

The General Assembly will reconvene April 12, 2023, for a one-day session to consider the governor’s vetoes and amendments. Your legislative counsel will be working with the VBA leadership, the governor’s office and legislators to protect our priorities and ensure that our bills are signed. There also may be budget action on this day.

In the coming weeks, we will work to provide section members with practice-specific Legislative Summaries. Members have found these compilations exceptionally useful to track legislative changes and proactively inform clients. These summaries are a tremendous benefit of joining VBA sections relevant to your practice. Section dues are $35 for the year. Members can add sections at vba.org/sectionstore. Select which sections to add to your cart and check out securely online.

We will soon begin preparing for a successful 2024 legislative session. In the weeks and months ahead, we will work with the VBA leadership to engage various sections to solicit and refine ideas and proposals. The deadline to submit proposals is Aug. 18, 2023, and VBA Legislative Day is set for Sept. 19.

In conclusion, I consider our first session together a tremendous success. The VBA agenda’s success is a testament to the great work the VBA and its members and affiliated groups did to create and advocate for strong bills.

I hope that our communication kept you informed and engaged with the legislative process, and I look forward to many more years of successful collaboration.

Eric Link
Legislative Counsel