In the recodification of Titles 2.1 and 9, the Virginia Code Commission has rewritten and combined sections or parts of sections to clarify provisions and to eliminate archaic, obsolete or redundant language. Drafting notes highlighting changes or reorganizations appear throughout this report, some preceding chapters where significant revisions were made and others following key sections in the Titles 2.2 and 9.1 draft.
The general reorganization of Title 2.1 distinguishes the organization of state government (Subtitle I--Organization of State Government) from the operation of state government (Subtitle II--Transaction of Public Business). In addition, the concept of a "Part" has been introduced as an organizational tool to separate functional areas within the Title. Generally, a "Part" is used to group related chapters. For example, the Governor and his cabinet secretaries have been consolidated into Part A--Office of the Governor--of Subtitle I. The Department of Law is Part B of Subtitle I. Further, state agencies related to the general operation of government have been consolidated into Part C of Subtitle I, and so on. The reorganization of Title 2.1 also includes many chapters from Title 9, Commissions, Boards and Institutions, now consolidated into Part D--State Authorities, Boards, Councils, Commissions and Other Collegial bodies--because they were created in the executive branch of state government. Several chapters from Title 9 that were boards, councils, etc., created in the legislative branch have been moved to Title 30--General Assembly.
Title 9 has been substantially reorganized and moves executive branch commissions and boards, etc., into proposed Title 2.2. As noted above, several chapters from Title 9 that were boards, councils, etc., created in the legislative branch have been moved to Title 30--General Assembly. The effect of this substantial reorganization is the creation of proposed Title 9.1--Commonwealth's Public Safety. As its name indicates, this proposed Title contains chapters relative to the Department of Criminal Justice Services and fire and police protection generally, taken exclusively from Titles 2.1 and 9.
The challenge of the recodification of Titles 2.1 and 9 lay in limiting the reorganization to those Titles. Because Title 2.1 has been titled "Administration of State Government" and its proposed reorganization into Title 2.2 has been titled "Organization of State Government," it would be easy to assume that all agencies of state government as well as the totality of the law governing the executive branch of state government would be located in this single title. This, however, is not and, historically, has not been the case. For example, the Department of Environmental Quality, which is an executive branch agency, is located in Title 10.1. There are numerous other examples. It is important to note that the proposed reorganization of Title 2.1 has been limited to the law currently found in Titles 2.1 and 9 exclusively, except for the inclusion of the Virginia Public Procurement Act in Subtitle II (Transaction of Public Business) of proposed Title 2.2.
The Virginia Code Commission made one substantive change in the law during the recodification of Title 2.1. That change was to existing 2.1-111. Currently, 2.1-111 provides that if a person leaves the service of the Commonwealth for service in any of the armed forces of the United States, he shall be entitled to be restored to such position upon the termination of his service with the armed forces under certain conditions. The substantive change was to limit the applicability of this section to persons conscripted by the Selective Service System into active military service of the United States.
