Virginia Code Commission

June 18, 2009

Presentations

CODE OF 1819 DISTRIBUTION
The Code of Virginia contract between LexisNexis and the Code Commission provided for the printing of 200 copies of the Code of 1819. In March, copies were distributed to General Assembly members, Code Commission members, and the Division of Legislative Services. After a brief discussion, the Code Commission approved distribution of the remaining 68 copies to the Attorney General Library, Clerk of the House, Clerk of the Senate, Code Commission members for discretionary distribution (two per member), Code Commission office, Governor’s Office, Library of Virginia, Stephen Halbrook, Supreme Court Library, William Thro, Virginia four-year public college and university libraries, the Virginia Historical Society, and Virginia Law Schools.

TITLE 64.1 REVISION, WILLS & DECEDENTS' ESTATES PROPOSED WORK PLAN
Mr. Cotter presented the proposed work plan for the Title 64.1 recodification. Issues prompting the revision include:

• Title 64.1 has not been recodified since 1968 (Acts Ch. 656). Many sections have not been amended since that time and contain obsolete language and style.
• When recodified in 1968, the title had seven chapters. Since then, four chapters have been added to the title, one of which has been repealed. The title currently has 10 chapters, of which some would more properly fit as articles within other chapters.
• The title currently has one chapter (Ch. 2: Curtesy, Dower and Jointure) that has essentially been repealed, leaving only a statute saying that these estates no longer exist unless the right to these estates was vested prior to January 1, 1991.
• Placement of new sections and chapters into the existing framework is problematic and results in convoluted section numbering. Chapters added to the title since 1968 have been added the end of the title, which has compromised any previous organizational scheme.
• Other provisions relating to wills and decedents' estates are located throughout the Code of Virginia, creating a certain degree of difficulty for users of the Code. Many of these provisions could be considered for relocating to proposed Title 64.2, including Title 26, Fiduciaries; Title 31, Guardians; and certain provisions of Title 55, Property and Conveyances.

Mr. Cotter suggested that the final report would be presented at the final meeting in 2010, with legislation introduced at the 2011 Session of the General Assembly.

REQUEST TO RECODIFY TITLE 55, PROPERTY AND CONVEYANCES
Grice McMullan, the chair of the Real Estate Section of the Virginia Bar Association (VBA), advised the Commission that the Real Estate Section of the VBA has established a corrective legislation committee for the purpose of identifying provisions in Title 55 (Property and Conveyances) that may be ambiguous, obsolete, or superseded by court rulings. Mr. McMullan cited some examples and offered the VBA's assistance if the Commission should decide to undertake the recodification of Title 55.

Mr. Miller pointed out that Title 55 has never been through the recodification process. The Commission's work plan has been established for this year; however, the consensus was that a revision should be considered. The Commission approved a motion to utilize the expertise of the VBA and place Title 55 on the Code Commission's work plan next year.

2009 CODE OF VIRGINIA SUPPLEMENTS
Brian Kennedy reported that the incorporation of the 2009 legislation into replacement volumes and Code of Virginia supplements is complete. The supplements are in the process of being mailed out. The Code of Virginia database on the General Assembly's website should be available by July 1.

REVISION OF TITLE 6.1, BANKING AND FINANCE
Mr. Munyan reported on the revision of Title 6.1, Banking and Finance. The Code Commission discussed Chapters 2 (Banking Act), 13 (Institution Holding Companies), and 16.1 (Mortgage Loan Originators) of Title 6.1. For a complete description of the discussion on the revision of Title 6.1, visit the Code Commission website.

Next Meeting

The Code Commission met on July 30, 2009, and the next meeting is scheduled for August 27, 2009, at the General Assembly Building.

Chairman:
The Hon. R. Steven Landes

For information, contact:
Jane Chaffin, DLS Staff