HD24 - Comparison of the Appropriations Act with the Code of Virginia
Executive Summary: House Joint Resolution No. 74, passed during the 1984 Session of the Virginia General Assembly, requested the Virginia Code Commission to study the appropriate titles of the Code of Virginia, in comparison with the general appropriations act, identify duplicative or conflicting provisions and recommend the proper reconciliations of such duplications or conflicts. (A copy of HJR 74 is attached as Appendix A.) Members of the Code Commission, recognizing that the appropriations act, by virtue of the repealer clause contained in § 4-11.00 of the act, supersedes the provisions of the Code of Virginia, expressed concern that many individuals rely on the Code to accurately present current state law, only to learn later that the specific statute in question has been superseded by appropriations act language. Exacerbating this problem is the fact that many, if not most, readers of the Code would not think to refer to the appropriations act to determine substantive state law, nor would they likely have ready access to a copy of the appropriations act when attempting to research state law. Conversely, it was suggested that in order for the budget committees to properly control expenditures of state revenue it is necessary to amend or override, through the appropriations act, statutory provisions which conflict with the spending policies agreed upon by the members of the budget committees. It was also agreed that many times policy determinations are made part of the appropriations act in order to improve the ultimate chances of success before the entire Assembly, recognizing that for political reasons, members are reluctant to vote against the budget bill even though they may not agree with every provision contained therein |
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