Virginia Code Commission

November 17, 2010

The Virginia Code Commission met at the General Assembly Building in Richmond, Virginia.

Administrative Law Advisory Committee

Chris Nolen, Chair, Administrative Law Advisory Committee
Mr. 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 order.

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 Hall.
• 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.

2011 Code of Virginia Pricing and Replacement Volumes Proposal

Brian Kennedy, Associate Director for Government Content Acquisition, LexisNexis
Mr. Kennedy presented the Code of Virginia proposed replacement volume options and pricing proposal for the 2011 Code of Virginia replacement volumes and supplements.

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

Barrier Crimes Provisions

Jessica Eades, Senior Attorney, Division of Legislative Services
At 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.

Recodification of Title 64.1

David Cotter, 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.

Budget Item

Administrative recommendations were approved transferring sums from the special fund to assist Code Commission staff and DLS more generally in upgrades to their current telephone systems.

Chairman:
The Hon. John S. Edwards

For information, contact:
Jane Chaffin, DLS Staff