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1996 SESSION

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(HB736)

GOVERNOR'S VETO EXPLANATION

    Pursuant to Article V, Section 6 of the Constitution of Virginia, I am vetoing House Bill 736.

    The Speaker of the House of Delegates requested this bill and House Bill 1240 to expose and address perceived inequities in certain Rules of the Supreme Court of Virginia. Following approval of these bills by the General Assembly, the Chief Justice of the Supreme Court of Virginia advised my office that he regards both bills to be violative of the doctrine of separation of powers embodied in Article I, Section 5 of the Constitution of Virginia.

    At my request, the Attorney General has considered the matter, and he has advised me that the constitutional concerns raised by the Chief Justice are substantial. The Attorney General agrees that the validity of these bills under Article I, Section 5 of the Constitution is questionable.

    I proposed addition of a reenactment clause to each of the bills so that the General Assembly would have an opportunity to address the Supreme Court's concerns. The General Assembly rejected this amendment, and therfore I am returning House Bill 736 without my signature. In the balance of this year, the Supreme Court of Virginia may wish to consider the merits of the Rule change that is the subject of this bill, and interested members of the General Assembly may desire to consider the constitutional concerns identified by the Chief Justice.