Gov. Glenn Youngkin rejected bills aimed at cutting prescription drug prices as he completed action on measures from the legislative session and smashed Virginia’s record for vetoes.
Youngkin vetoed 50 more bills in this final set of bill actions, bringing his total from the session to a record 153 out of the 1,046 the General Assembly approved.
Youngkin vetoed more bills in one year than any other modern Virginia governor vetoed in his four-year term.
House Bill 570 sponsored by Del. Karrie Delaney, D-Fairfax, and Senate Bill 274, sponsored by state Sen. Creigh Deeds, D-Charlottesville, would set up a new Prescription Drug Affordability Board. It would be empowered to review the affordability of any prescription drug and say if state-sponsored and state-regulated health plans should limit what they pay for those medications.
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Youngkin said in his veto statement: “The proposed authority granted to the Prescription Drug Affordability Board (PDAB) would allow medication availability to be determined based solely on cost considerations rather than accounting for the expert opinions of health care professionals and the unique medical needs of individual patients.
“This approach could limit access to treatments and hinder medical innovation, especially for life-threatening or rare diseases.”
Jim Dau, state director of AARP Virginia, said the group is disappointed that Youngkin vetoed what Dau called “commonsense legislation” to reduce costs of prescription drugs.
“Virginians across the state have made very clear that they expected action to address the unaffordable costs of life-saving medication, and they overwhelmingly support the creation of a Prescription Drug Affordability Board,” he said.
Pharmaceutical firms hailed the move.
“Governor Youngkin is putting patients first by stopping bad policies that fail to address the root of the problems for rising health care costs,” said Stami Williams, spokeswoman for the pharmaceutical manufacturers trade association PhRMA. She said health insurers and their pharmacy benefit managers are the ones who determine what patients pay.
Deeds called the argument that companies would do less business “scare tactics” and noted the proposal has garnered backing across the aisle.
“This was a bipartisan effort with support from around the state,” he said.
Sen. Bill Stanley, R-Franklin, a co-patron of the bill, has said that the measure goes beyond regional interests: “This is one of those bills that’s going to affect all of us at one time or another.”
Members of the public have shared personal stories of struggling to pay for medications they need. Richmond resident Maurice Swinson said he can’t totally retire because he needs to be able to afford his diabetes medication.
Charlottesville resident Mara Shapiro said she relies on a medication to regulate her cortisol levels to avoid fatal adrenal crises. “It simply keeps me alive,” she said.
While the strain of rising costs can be a burden for some constituents, Deeds says the elderly on fixed incomes and low-income people are hit the hardest — sometimes choosing to take their medications less often in order to pay bills or get groceries.
School construction surcharge
Youngkin also vetoed Senate Bill 14, sponsored by Sen. Jeremy McPike, D-Prince William, and House Bill 805, sponsored by Del. Sam Rasoul, D-Roanoke, which would let any locality levy a 1% surcharge on sales taxes to fund school construction if voters approved it in a local referendum.
Youngkin said in his veto message: “This proposal could result in a nearly $1.5 billion a year tax increase on Virginians. Some localities would have a combined sales tax rate of eight percent, with no additional offsets, such as reduced income tax or property tax.”
He said the state “should pursue a tax policy that unleashes economic development and prioritizes job and wage growth through innovative reforms. These reforms must allow hardworking Virginians to keep more of their money.”
He also vetoed House Bill 335, sponsored by Del. Debra Gardner, D-Chesterfield, which would have directed state officials to look into setting minimum wages for tipped employees.
Youngkin said that study would have had “a predetermined outcome without studying whether tipped minimum wages should, in fact, be increased,” adding that in states that increased tipped workers’ minimum wages, “many tipped workers have seen a decrease in earnings.”
Youngkin previously vetoed measures increasing minimum wages as well as eliminating the exemption from minimum wage law for farm workers.
Youngkin also vetoed House Bill 354, sponsored by Del. Patrick Hope, D-Arlington, which would have required the state to set regulations for swimming pools at tourist facilities and spas. Youngkin said the Department of Health already has a role ensuring water quality in those pools.
He amended several more measures, including one, Senate Bill 212, sponsored by state Sen. Aaron Rouse, D-Virginia Beach, that would legalize slot-machine-like skill games – possibly the hardest-fought battle of the General Assembly session.
Confederate tax exemptions
He also amended:
House Bill 568, sponsored by Del. Alex Askew, D-Norfolk, and Senate Bill 517
- , sponsored by state Sen. Angelia Williams Graves, D-Norfolk, which would eliminate the tax exemptions for the Virginia Division of the United Daughters of the Confederacy, the General Organization of the United Daughters of the Confederacy, the Confederate Memorial Literary Society, and the Stonewall Jackson Memorial. The amendment calls for a second vote on the bills in the 2025 General Assembly session.
- , sponsored by state Sen. Ghazala Hashmi, D-Chesterfield, and Del. Candi Mundon King, D-Prince William, which say health plans have to cover contraceptive drugs and contraceptive devices. Youngkin’s amendment says the requirement would not apply to any plans federal law exempts because of religious belief.
- , sponsored by Del. Patrick Hope, D-Arlington, and state Sen. Adam Ebbin, D-Alexandria, which bans Internet sales of liquid nicotine or nicotine vapor products and the sale of tobacco products from vending machines while boosting enforcement of the ban on sales of tobacco products, including e-cigarettes and liquid nicotine, to minors. The amendment adds the word “packages” to a section saying stores can’t sell more than two vaping products at a time.
- , sponsored by state Sen. Schuyler VanValkenburg, D-Henrico, and Del. Michelle Maldonado, D-Prince William, which say data firms cannot sell personal information about a child or keep it if it is used for targeted advertising.
“Where there are differences in our approaches, I hope my amendments reflect the common ground we can find together,” Youngkin said.
On landlord-tenant issues, Youngkin amended House Bill 740, sponsored by Del. Rae Cousins, D-Richmond, which makes it easier for tenants to dispute what landlords say they owe during an eviction. He also amended House Bill 993 and Senate Bill 422, sponsored by Del. Kathy Tran, D-Fairfax, and state Sen. Adam Ebbin, D-Alexandria, which say landlords can’t demand maintenance fees.
He signed a bill, House Bill 1099, sponsored by Del. Terry Kilgore, R-Scott, setting a tax rate on heated tobacco products that had been the focus on heavy lobbying by Philip Morris International, arguing that it could give a competitive advantage to Henrico County-based tobacco giant Altria. Kilgore said the bill was aimed at ensuring the state kept receiving funds from the 25-year-old Master Settlement Agreement with cigarette makers.
Youngkin had until 11:59 p.m. on Monday to sign, veto or amend bills, including the 700-page state budget.
He has proposed more than 230 amendments to the budget, dropping the sales tax expansion the General Assembly approved as well as his own proposed cuts in income tax rates along with most of his own spending priorities that the General Assembly rejected.
Legislators return to Richmond on April 17 to take up Youngkin’s vetoes and proposed amendments. A proposed amendment requires a simple majority for approval. Since it takes a two-thirds vote to override a veto, Youngkin’s are likely to survive in the nearly evenly split General Assembly — 51 Democrats to 49 Republicans in the House and 21 Democrats to 19 Republicans in the Senate.