HD8 - Revision of Title 32 of the Code of Virginia

  • Published: 1979
  • Author: Virginia Code Commission
  • Enabling Authority: House Joint Resolution 145 (Regular Session, 1974)

Executive Summary:

In 1974, the General Assembly, in House Joint Resolution 145, directed the Virginia Code Commission to study Title 32 and to report its findings in the form of a recodification of that title.

That resolution was requested by the State Health Department, which felt a need for an overall review and redraft of the statutes under which it operates, many of which are antiquated or not reflective of present public health requirements and methodology. Particularly needed was a review of the statutes governing the Department's relationship with local health departments, disease prevention and control, and environmental health services. The Commission and its staff for the project have met repeatedly with Health Department administrators and with assistant attorneys general who represent the Health Department in order to review drafts of proposed Title 32.1.

Although much of the material in the drafts which follow involves mere modernization, consolidation of sections and language within sections, and deletion of obsolete or unnecessary provisions, there are included a number of proposed changes which should be considered substantive. In a number of instances, sections were entirely rewritten and numerous minor substantive changes are proposed therein.

The revised chapters have been regrouped into an organization which, along with proposed new material, should be more easily usable than is present Title 32 and which will facilitiate future amendments.

In its revision, the Commission has generally adhered to a policy of deleting sections setting out "legislative intent" and "legislative findings." This has been done in order to streamline and condense the title and in no way indicates a desire on the part of the Commission to suggest a substantive change thereby.

In addition to holding numerous working sessions with the staff and with Health Department representatives, the Commission held a widely-publicized public hearing in. October, 1978, at which time a number of speakers presented their views and comments regarding the proposed drafts. These responses were considered and discussed by the Commission and, in a number of instances, adjustments to the drafts were made.

Following in this report appear tables which indicate where in proposed Title 32.1 the successor section to a given Title 32 section would appear. A table of contents of the proposed new title also follows. Reviser's notes under each section refer to the Title 32 section from which some or all of the draft Title 32.1 section was taken. The Reviser's Notes also help to point out major changes proposed in the drafts.

This report includes not only the text of proposed Title 32.1 but also drafts of several companion bills which would accomplish additional changes sought by the Department.

The Virginia Code Commission recommends that the General Assembly enact the attached bills in its 1979 session.