Virginia Code Commission

May 7, 2009

Presentations

ADMINISTRATIVE LAW ADVISORY COMMITTEE

Chris Nolen, chair of the Administrative Law Advisory Committee (ALAC), presented ALAC's proposed work plan for the next year, which includes continuing the study of incorporating documents by reference into regulations, focusing on the emergency regulations process, and updating the hearing officer handbook. The Joint Legislative Audit and Review Commission (JLARC) is studying Administrative Process Act exemptions this year and the chairman stated he would like to invite JLARC to report its findings and recommendations to the Code Commission. Mr. Nolen advised the Commission members that J. P. Jones resigned from ALAC last fall, and suggested that the Commission consider appointing Thomas A. Lisk to fill the vacancy. The motion to appoint Thomas A. Lisk was approved.

2009 LEGISLATIVE SESSION UPDATE

Staff reported that the six Code Commission-sponsored bills passed both houses of the General
Assembly and were signed by the Governor: Chapters 33, 34, 35, 107, 108, and 471.

2009 WORK PLAN

The Commission established its 2009 work plan as follows:

• Complete Title 6.1 (Banking and Finance) recodification;
• Begin Title 64.1 (Wills and Decedents' Estates) recodification;
• Review the compilation of Code Commission policies;
• Continue obsolete laws analysis project required by § 30-151 of the Code of Virginia;
• Revise the Virginia Code Commission regulations implementing the Virginia Register Act;
• Review signature/certification requirements for regulation filings and determination if amendments are needed to the Virginia Register Act or Administrative Process Act; and
• Monitor progress of Boyd-Graves Conference study committee tasked with reviewing the Code of Virginia for obsolete fee provisions.

TITLE 6.1, BANKING AND FINANCE

Staff reported on the Title 6.1, Banking and Finance, title revision. The Code Commission discussed Chapters 5, 7, and 13 of Title 6.1. For a complete description of the discussion on the revision of Title 6.1, visit the Code Commission website.

CODE OF 1819

Chairman Landes extended his appreciation to those involved with the reproduction of a facsimile copy of the two-volume 1819 Code of Virginia, the first legislatively adopted code, as part of the latest Code of Virginia publishing contract between LexisNexis and the Virginia Code Commission.

The Chairman introduced Brian Kennedy as the new LexisNexis representative working with the Code Commission.

REVISION OF TITLE 64.1

Staff reported that Title 64.1 was last revised in 1968 and that several individuals have expressed interest in assisting with the revision. Related provisions are scattered throughout the Code, and an attempt will be made to compile these provisions into proposed Title 64.2. In addition, staff plans to review Title 26, Fiduciaries, with regard to incorporating that title into proposed Title 64.2.

VIRGINIA ADMINISTRATIVE CODE REPLACEMENT VOLUMES

Staff presented the Code Commission with proposed replacement volumes for the Virginia Administrative Code (VAC). Supplements to the VAC are provided by the publisher semiannually and replacement volumes generally are released as part of the fall VAC supplement package. Due to the size of the total pages of combined volumes and supplements, staff recommends replacing Volumes 3, 15, and 19. Due to its size, staff recommends splitting Volume 15 into two volumes numbered 15 and 15A. The motion to accept the recommendations was approved.

Next Meeting

The next meeting of the Code Commission will be held at 10:00 a.m. on Thursday, July 30, 2009, in the 6th Floor Speaker’s Conference Room in the General Assembly Building.

Chairman:
The Hon. R. Steven Landes

For information, contact:
Jane Chaffin, DLS Staff