RICHMOND – The Virginia General Assembly gaveled out on February 22nd, so why does it feel like everything legislative is still up in the air? Well, it has to do with a lot of context. Let’s have a look at where some of VRLTA’s priority bills for the 2025 Session are right now.
1. SB1212/HB2515: This is the 2025 version of a piece of legislation that was originally put forth in 2024, and has to do with transparency in the practice of surcharging and fees. Legislation to this effect is being worked on in a number of states and at the federal level concurrently. VRLTA worked with the patrons to put in amendments that protect our industries’ ability to use clearly-designated auto-gratuities, as well as making clear that Tourism Improvement District charges did not constitute a “mandatory fee,” for the purposes of the bill. It passed the General Assembly, but was amended by the Governor with what is called a “re-enactment clause.” That amendment would have basically stopped the bill from going into effect until it was passed again by the 2026 Virginia General Assembly. On April 2, the General Assembly came back together for what’s called “Reconvened Session,” or “Veto Session,” and voted to reject those amendments, sending the bill back to the Governor in exactly the form that it passed the General Assembly. Now the Governor can either sign the bill, veto it, or do nothing and allow it to passively become law. We expect a veto.
2. Polystyrene Ban Effective Dates (Budget Bill): The Governor amended the Budget that was passed by the General Assembly to reset the effective dates for the polystyrene container ban to July 1, 2028 and July 1, 2030 for larger (20+ locations in VA) and smaller operators respectively. The General Assembly voted to reject those amendments, setting up the polystyrene ban as one more point of contention between them and the Governor. The General Assembly’s passed Budget sets those dates at July 1, 2025 and July 1, 2026 respectively. Now the question will be what happens to those dates in the overall negotiation between the General Assembly and the Governor on the final budget. Given that the General Assembly rejected most of the Governor’s Amendments, it is possible that he could veto the Budget and force a Special Session of the legislature to hammer out a final deal. Much remains to be seen.
3. SB1350: This was a bill that would have directed the Department of Health to draft up a poster with the procedures for how to ask for and allow for food allergies in restaurants, as well as language on the menu asking patrons to notify a restaurant if they have a food allergy. This was a bill that VRLTA was neutral on during the Virginia General Assembly Session, owing to the fact that it was juxtaposed against a much worse bill that had specifically to do with labeling pork products on menus. That pork bill was eventually killed in the House of Delegates, and this bill has been vetoed by Governor Youngkin, taking it completely off of the table for this year. It is very possible that this bill comes back next year when there may not be such a zealous Executive in the Governor’s Mansion.
4. HB1928: This bill has been vetoed. HB1928 would have immediately raised Virginia’s minimum wage to $15/hr. As of right now, Virginia’s minimum wage is over $12, and since it is annually revised now to reflect change in the Consumer Price Index, it will continue going up in perpetuity until it hits and then exceeds $15/hour. But rather than that happening abruptly this year, it will happen gradually over time. It’s expected that this bill will be back next year, alongside bills that establish mandatory paid sick leave time and mandatory paid family medical leave time, when Democrats predict that they’ll control a trifecta of the Commonwealth’s government, having Democrats in control of both Chambers of the General Assembly and the Governor’s Mansion.