HD22 - Revision of Title 29 of the Code of Virginia

  • Published: 1987
  • Author: Virginia Code Commission
  • Enabling Authority: House Joint Resolution 11 (Regular Session, 1986)

Executive Summary:
House Joint Resolution No. 11 of the 1986 Acts of Assembly directed the Virginia Code Commission to make a study of Title 29 of the Code of Virginia and report to the Governor and the General Assembly its findings in the form of a revision of the title. Pursuant to this mandate, the study has been completed and the revision is appended to this report.

The study resolution was initially brought to the attention of the General Assembly by Delegate A. Victor Thomas, who was interested in having the style and substance of the hunting and fishing laws follow in a more consistent order in the Code. The resolution also referred to the inconsistency of penalties in Title 29. In order to address this concern, new language in Title 29.1 refers to the uniform class system of penalties as listed in Title 18.2 (i.e., Class 1 misdemeanor).

Due to the number of amendments and changes to Title 29 that have taken place over the years, the need arose to organize the laws in a more logical manner; to delete obsolete provisions; and to improve the grammar and clarity of the game and inland fisheries laws. These objectives led to the rearrangement of numerous sections and existing language into the new chapter structure. Originally, the title had thirteen chapters; new Title 29.1 will have seven chapters.

Upon review of Title 29, the Code Commission determined that several existing chapters would be more appropriately located in other titles. Existing Chapter 9 (Control of Rabies) is proposed to be relocated to Title 32.1 (Health) and appear as Article 3.1 of Chapter 2 (Disease Prevention and Control). Existing Chapter 9.4 (Comprehensive Animal Laws) is proposed to be relocated to Title 3.1 under a new Chapter 27.4. The rationale for this is the fact that the Commission of Game and Inland Fisheries does not administer any of the domestic animal laws anymore.

The Code Commission also determined that since the Commission of Game and Inland Fisheries administers boating laws and regulations, it would be logical to relocate Chapter 17 (Motorboats and Water Safety) from Title 62.1 to the new Title 29.1. This change appears as Chapter 7 of the new title.

In accordance with House Document No. 25 of 1986, A Report on Agency Nomenclature and Classification of Executive Branch Collegial Bodies, the Code Commission has suggested the incorporation of new agency and board references throughout Title 29.1. The term "Commission of Game and Inland Fisheries" is changed to the "Department of Game and Inland Fisheries" or the "Board of Game and Inland Fisheries" depending on whether the responsibilities and duties relate to administerial or policy matters.

Mr. Richard H. Cross, Jr., Executive Director of the Commission of Game and Inland Fisheries, relayed the recommendations of the Commission and his agency. Michael D. Ward, Attorney with the Division of Legislative Services, was responsible for the drafting of the revision and providing staff support for this project. Joan W. Smith, of the Division, provided the administrative support, and Sherry M. Smith coordinated typing and redrafts.

The revision of Title 29 of the Code of Virginia follows this text as Appendix A. Additional changes which will appear in the bill version are summarized on the page labelled Appendix B. Cross-reference tables follow as Appendix C. Those tables indicate the sections in the proposed new Title 29.1 equivalent to those in the present Title 29 and vice-versa.

The Virginia Code Commission recommends that the General Assembly enact legislation at the 1987 Session to effect this revision.