GOVERNOR'S VETO

Pursuant to § 6 of Article V of the Constitution of Virginia, I veto House Bill 2706.

The bill was intended to enhance the protection of the Commonwealth against potential unexpected monetary claims caused by Year 2000 failures.

At the close of Session, an amendment was adopted in conference committee that provided for a substantial increase in the Commonwealth's liability exposure in tort claims cases.

A consequence of the conference amendment would be to dramatically reduce the notice and time bar requirements to all personal injury and death claims against the Commonwealth. The effects of this would long outlast any current concerns with Year 2000 claims.

I strongly support the intent of this legislation but the apparent blending of procedural requirements between Virginia Code §§ 8.01-192 and 8.01-195.3 as a result of the conference amendment creates an unresolvable interpretation problem

Accordingly, I am returning this bill without my signature.

GOVERNOR'S RECOMMENDATION

1. Page 1, enrolled, line 13, after action

strike

, except for personal injury or death to the extent permitted under § 8.01-195.3,

2. Page 1, enrolled, line 14, after from

insert

, or in any way related to,

3. Page 1, enrolled, line 15, after device

strike

, whether operated by or on behalf of the Commonwealth of Virginia or one of its agencies,