HD38 - Recodification of Title 65.1 of the Code of Virginia
Executive Summary: House Joint Resolution 18 of the 1990 General Assembly directed the Virginia Code Commission to study Title 65.1 of the Code of Virginia and to report its findings in the form of a recodification of the title to the Governor and the General Assembly. The resolution stated that the title had undergone many changes since its last revision in 1968, and that numerous changes had made it legally ambiguous and structurally obscure. The study has been completed. The result is a recodification of Title 65.1 into a new Title 65.2, comprised of thirteen chapters. The new title's chapter organization is identical to that of its predecessor in number, subject matter and sequence. However, the Commission has rewritten or consolidated many sections, frequently combining ones that, while topically related, were scattered throughout the title. In addition, obsolete references and redundant language contained in Title 65.1 were eliminated. Finally, the Commission endeavored to introduce clarity in key provisions throughout the title by revising or reorganizing where necessary. Drafting notes highlighting significant changes or reorganization are provided throughout this report, some preceding chapters where significant revisions took place, and others following key sections in the Title 65.2 draft. Where drafting notes do not follow sections, existing language was retained -- verbatim or in substance -- and therefore no significant changes were effected. The Commission is indebted to the members of the Virginia Industrial Commission and their staff for their efforts in this undertaking. Commissioners O'Neill, James and Joyner, and their staff worked with the Code Commission's staff to develop and structure a draft that served as the foundation for this recodification. In addition, the analysis and historical insights the Commissioners provided at Code Commission meetings enriched and invigorated this study and the draft that resulted. The Commission is equally grateful to those individuals who devoted their time and expertise to this project by serving on a Special Task Force appointed by the Code Commission to assist it in reviewing the draft proposals. Task force members, representing a variety of interests and constituencies in the workers' compensation arena, helped refine the Title 65.2 draft through helpful criticism, comment and suggestions. The outline and text of proposed Title 65.2 follow this introduction and summary as Appendix I. Appendix II contains comparative tables that cross reference the provisions of Title 65.1 to corresponding provisions in Title 65.2. Those sections in Title 65.1 proposed for repeal are so identified. A comparative table showing the distribution of Title 65.1 sections in proposed Title 65.2 is also part of this appendix. Appendix III furnishes the names and affiliations of the Special Task Force Members and the names of the Industrial Commissioners and their staff assigned to this project. |
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