GOVERNOR'S VETO EXPLANATION (March 27, 1995)

In accordance with Article V, Section 6 of Constitution of Virginia, I am vetoing this bill.

This bill sets forth procedures for siting and for local approval of prisons and juvenile facilities. I have stated regularly that, except in emergency circumstances as referenced in the the Code of Virginia, I do not believe that a prison or juvenile facility should be located in a jurisdiction in which the governing body has expressed its opposition. Indeed, I have signed House Bill 1967, which requires that local governments be given advance notice of the issuance of a Request for Proposal to construct a prison. However, this bill is overly complicated, inflexible for localities, and technically flawed.

After prior consultation with and approval by the patron of this bill, I offered a substitute for consideration at the Reconvened Session that contained technical and substantive amendments recommended by the Division of Legislative Services, the Attorney General, and the Departments of Corrections and Youth and Family Services. Unfortunately, however, that substitute was rejected.

Accordingly, I am vetoing this bill and allowing House Bill 1967 to take full effect. The Commonwealth's policy of requiring local approval before siting correctional facilities will thereby continue.

GOVERNOR'S RECOMMENDATION

1. That the amendment in the nature of a substitute be adopted.