13101275D
SENATE BILL NO. 1043
Offered January 9, 2013
Prefiled January 8, 2013
A BILL to amend and reenact § 2.2-4011 of the Code of
Virginia, relating to the Administrative Process Act; emergency regulations.
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Patron-- Edwards
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Referred to Committee on General Laws and Technology
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Be it enacted by the General Assembly of Virginia:
1. That § 2.2-4011 of the Code of Virginia is
amended and reenacted as follows:
§2.2-4011. Emergency regulations; publication; exceptions.
A. Regulations that an agency finds are necessitated by an
emergency situation may be adopted by an agency upon consultation with the
Attorney General, which approval shall be granted only after the agency has
submitted a request stating in writing the nature of the emergency, and the
necessity for such action shall be at the sole discretion of the Governor.
B. Agencies may also adopt emergency regulations in situations
in which Virginia statutory law or the appropriation act or federal law or
federal regulation requires that a regulation be effective in 280 days or less
from its enactment, and the
regulation is not exempt under the provisions of subdivision A. 4. of §2.2-4006. In such cases,
the agency shall state in writing the nature of the emergency and of the
necessity for such action and may adopt the regulations. Pursuant to §
2.2-4012, such regulations shall become effective upon approval by the Governor
and filing with the Registrar of Regulations.
C. All emergency regulations shall be limited to no more than twelve 18 months in duration. During the twelve-month 18-month period, an agency may
issue additional emergency regulations as needed addressing the subject matter
of the initial emergency regulation, but any such additional emergency
regulations shall not be effective beyond the twelve-month 18-month period from the
effective date of the initial emergency regulation. If the agency wishes to
continue regulating the subject matter governed by the emergency regulation
beyond the twelve-month 18-month limitation, a
regulation to replace the emergency regulation shall be promulgated in
accordance with this article. The Notice of Intended Regulatory Action to
promulgate a replacement regulation shall be filed with the Registrar within sixty 60
days of the effective date of the emergency regulation and published as soon as
practicable, and the proposed replacement regulation shall be filed with the
Registrar within 180 days after the effective date of the emergency regulation
and published as soon as practicable.
D. In the event that an agency concludes that despite its best
efforts, a replacement regulation
cannot be adopted before expiration of the 12-month 18-month period described in
subsection C, it may seek the prior written approval of the Governor to extend
the duration of the emergency regulation for a period of not more than six
additional months. Any such request must be submitted to the Governor at least
30 days prior to the scheduled expiration of the emergency regulation and shall
include a description of the agency's efforts to adopt a replacement regulation
together with the reasons that a replacement regulation cannot be adopted
before the scheduled expiration of the
emergency regulation. Upon approval of the Governor, provided
such approval occurs prior to the scheduled expiration of the emergency
regulation, the duration of the emergency regulation shall
be extended for a period of no more than six months. Such approval shall be in
the sole discretion of the Governor and shall not be subject to judicial
review. Agencies shall notify the Registrar of Regulations of the new
expiration date of the emergency regulation as soon as practicable.
E. Emergency regulations shall be published as soon as
practicable in the Register.
F. The Regulations of the Marine Resources Commission shall be
excluded from the provisions of this section.
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