Virginia Code Commission
November 17, 2010
The Virginia Code
Commission met at the General Assembly Building in Richmond, Virginia.
Law Advisory Committee
Chair, Administrative Law Advisory Committee
Nolen reported on the Administrative Law Advisory Committee’s (ALAC)
recommendations resulting from a study by the Regulatory Flexibility for
Small Business work group. The work group was charged with evaluating
the implementation of legislation passed by the General Assembly in 2005
concerning regulatory flexibility for small business and periodic review
of regulations. The work group noted that, although the regulatory flexibility
for small business component has been implemented through the routine
economic impact analysis and executive review process, it is difficult
to determine whether agencies have complied with the review provisions
of § 2.2-4007.1 D and E. This is partly because the legislation is
not prescriptive in demonstrating compliance and partly because of potential
confusion between the statutory requirements for periodic review and the
requirements for periodic review set forth in the Governor’s executive
The Commission agreed
with ALAC’s recommendation to amend § 2.2-4007.1 of the Administrative
Process Act to provide clarification in the statute. Legislation approved
by the Commission for introduction at the 2011 General Assembly session:
- Changes the periodic
review requirement from five years to four years to conform to the issuance
of an executive order every four years.
- Adds a requirement
to publish a notice of the review and report of the findings in the
Virginia Register of Regulations and on the Virginia Regulatory Town
- Provides for a
21-day public comment period after publication of the notice.
- Defines the Virginia
Regulatory Town Hall.
In addition, the
Commission approved ALAC’s proposal to send a memorandum to regulatory
agencies explaining the periodic review requirement and providing guidance
to assist agencies in complying with the statutory requirements.
of Virginia Pricing and Replacement Volumes Proposal
Associate Director for Government Content Acquisition, LexisNexis
Kennedy presented the Code of Virginia proposed replacement volume options
and pricing proposal for the 2011 Code of Virginia replacement volumes
The Commission approved
pricing for issuing six volumes in 2011. The Commission voted to replace
Volume 1, consisting of Titles 1 and 2.2; Volume 3, consisting of Titles
11 through 13.1; Volume 6, consisting of Titles 33.1 through 37.2; and
split Volumes 5 and 5A into three volumes. Volume 5 will consist of Titles
22.1 and 23, Volume 5A will consist of Titles 24.2 through 28.2, and Volume
5B will consist of Titles 29.1 through 32.1
Senior Attorney, Division of Legislative Services
the October meeting, Ms. Eades reported problems with the barrier crimes
language in Titles 37.2 and 63.2 of the Code of Virginia. Subsequent to
Ms. Eades’ report, Senator Edwards asked her to draft technical
amendments to clarify the language for the Commission’s consideration.
Ms. Eades presented a draft, which removes the descriptions of and article
citations to the barrier crimes, and cites specific code sections, which
are inclusive of all sections contained within the article citations.
The members debated whether certain crimes, although embedded in the article
references of the existing language, were actually intended to be barrier
crimes and concluded that the amendments could be considered substantive.
The Commission voted
to send a letter from Senator Edwards to the House and Senate Courts Committee
chairs explaining the issue and asking for a joint subcommittee to review
the matter during the 2011 interim.
of Title 64.1
Attorney, Division of Legislative Services
Mr. Cotter reported on the recodification of Title 64.1, Wills and Decedents’
Estates. The Code Commission continued its review of Chapter 3 (Wills)
of Title 64.2 from the last meeting, beginning with Article 5 (Probate).
In addition, the Commission completed its review of proposed Chapter 5
(Transfers without Qualification) and Subtitle II (Trusts).
The final recodification
report is expected to be issued next fall, and associated legislation
is expected to be introduced at the 2012 General Assembly session.
were approved transferring sums from the special fund to assist Code Commission
staff and DLS more generally in upgrades to their current telephone systems.
The Hon. John S.
Jane Chaffin, DLS
of Legislative Services > Legislative
Record > 2010