Virginia Code Commission
July 30, 2009
Miller announced that Virginia's electronic regulation drafting and filing
system (Regulation Information System) was awarded the 2009 Robert J.
Colborn Jr. Innovation Award by the Administrative Codes and Registers
Section of the National Association of Secretaries of State.
of Title 64.1, Wills and Decedents’ Estates
Cotter presented the Title 64.2 proposed outline recommended by the work
group. The proposed name of the title (Wills, Trusts, and Fiduciaries)
now reflects the incorporation of Trusts and Fiduciaries into the title.
The title is divided into four subtitles:
- Wills and Decedents'
- Trusts, which
are mostly uniform acts.
- Fiduciaries and
- General Provisions
concerning Probate and Nonprobate Transfers.
For a complete description
of the discussion on the Title 64.1 revision, visit the Code Commission
correct § 25.1-210
The Code Commission
considered a request from an attorney at a Norfolk law firm to correct
an error in § 25.1-210. Section 25.1-210 describes the process for
obtaining a court order to effect service of a notice of a condemnation
action by publication in situations where the property owners are out
of state or unknown. As currently written, the section provides that unknown
owners "may be served by order of publication." The requester
suggested clarifying the language to read that unknown owners "may
be served by notice, pursuant to an order of publication,"
so that it is clear that the notice must be published, not the order.
stated that the requester is technically correct, but referred to it as
a "de minimis error." In its discussion, the Commission agreed
that the suggested change improved and clarified the language, but noted
that this type of clarification change is usually handled during the recodification
process. No motion was made to introduce legislation to correct the error.
Mr. Miller suggested
that the Commission review its statutory authority to make corrections
to the Code in order to consider whether that authority should be expanded
to deal with issues such as this one. The Chairman asked staff to put
the powers issue on a future agenda for thorough discussion.
of Title 6.1, Banking and Finance
reported on the revision of Title 6.1. The Commission discussed Chapters
3 (Interest and Usury), 4 (Certain Lending Practices), 7 (Acquisitions
of Interests in Financial Institutions), and 10 (Entities Conducting Trust
Business) and certain outstanding issues. For a complete description of
the discussion on the Title 6.1 revision, visit the Code Commission website.
Federal Laws and Regulations by Reference into the Code of Virginia
At a recent
meeting, a question was raised regarding incorporating a federal act or
regulation by reference into the Code of Virginia, and whether the language
"as amended" or similar language is necessary. One thought is
that the federal act in effect at the time the Code section is read is
the effective language, with or without the language "as amended"
appended to the reference. Another consideration is that the federal act
in effect at the time the Code section was enacted is the effective language.
Mr. Miller stated that he is continuing to research the issue and will
bring it back to the next meeting for discussion.
of State Online Legal Materials
Staff advised members that the Uniform Law Commissioners established a
new drafting committee to develop a uniform law relating to the authentication
and preservation of state electronic legal materials. The Commission may
be interested in monitoring the progress because of the Commission's responsibility
for codifying statutes and administrative regulations. Mr. Miller stated
that he has requested to be on the drafting committee.
The next meeting
is scheduled for October 1, 2009, at the General Assembly Building.
The Hon. R. Steven
Jane Chaffin, DLS
of Legislative Services > Legislative
Record > 2009