SD21 - The Revision of Title 10 of the Code of Virginia

  • Published: 1988
  • Author: Virginia Code Commission
  • Enabling Authority: House Joint Resolution 211 (Regular Session, 1987)

Executive Summary:
House Joint Resolution No. 211 of the 1987 Acts of Assembly directed the Virginia Code Commission to conduct a study of Title 10 of the Code of Virginia and report its findings in the form of a recodification of the title to the Governor and the General Assembly of Virginia. The study resolution came about because of the reorganization of the Department of Conservation and Historic Resources. As the result of legislation enacted during the 1984 General Assembly Session, the Department of Conservation and Economic Development was divided into the following three agencies: the Department of Conservation and Historic Resources, the Department of Economic Development and the Department of Mines, Minerals and Energy. Entities that had been Commissions, such as the Historic Landmarks Commission and the Soil and Water Conservation Commission, became part of the Department of Conservation and Historic Resources.

In 1986 the Division of Forestry within the Department of Conservation and Historic Resources became a separate Department and in 1987 the Division of Litter Control was moved from the Department of Conservation and Historic Resources to the Department of Waste Management.

In accordance with the mandate, the study has been completed. The result is a recodification of Title 10 into a new Title 10.1. Proposed Title 10.1 is divided into two subtitles, the first subtitle deals exclusively with activities administered by the Department of Conservation and Historic Resources; the second subtitle deals with environmental and conservation activities administered by other entities.

The title has been significantly reorganized so that all provisions relating to a specific program will be in one place. The Commission has rewritten and combined sections or parts of sections to clarify provisions and to eliminate archaic or redundant language and obsolete provisions. References to legislative policy and purpose were deleted or rewritten as specific duties. Drafting notes follow each section in proposed Title 10.1 and explain the changes. Changes made by the Code Commission in the revision of Title 10 include:

• The Soil Conservation Districts Law was moved from Title 21 to proposed Title 10.1 because it is administered by the Department of Conservation and Historic Resources.

• The Flood Damage Reduction Act and the Dam Safety Act were moved from Title 62.1 to proposed Title 10.1 because they are administered by the Department of Conservation and Historic Resources. The Virginia Beach Erosion Council was also moved from Title 21 to the new title because of its subject matter.

• The Cave Board was moved from Title 9 and included in the Cave Protection Act.

• §§ 27-5.2, 25-5.4, 27-54.1 through 27-54.5, and 56-426.1, relating to fire protection, have been moved to Chapter 11, Forest Resources and Department of Forestry, of proposed Title 10.1.

• The Southeast Interstate Low-Level Radioactive Waste Management Compact was moved from Title 32.1.

• Existing §§ 10-13, 10-14 and 10-15, which deal with state advertising funds, were moved to Chapter 32.1 (§ 2.1-548.6) of Title 2.1, dealing with the Department of Economic Development.

• Because of the difficulty of distinguishing the Director and staff of the State Air Pollution Control Board from the policy board which is also known as the State Air Pollution Control Board, the name of the administrative agency was changed to the "Department of Air Pollution Control."

• Provisions regarding the Virginia Fuel Conversion Authority were repealed because the Authority is no longer active.

• Provisions regarding the Advisory Council on the Virginia Economy were repealed because the Council has not functioned for many years.

The outline of proposed Title 10.1 and the revision of Title 10 of the Code of Virginia follow this text as Appendix I. Tables following the revision in Appendix II cross-reference the sections of Title 10 with equivalent sections in proposed Title 10.1 and vice versa. Appendix III lists additional sections in the Code of Virginia which must be amended, added or repealed due to the recodification.

The members of the Commission appreciate the time and effort of those who participated in this study, especially the staff of the agencies involved.

The Virginia Code Commission recommends that the General Assembly enact legislation at the 1988 Session to effectuate this revision.