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2017 SESSION

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HB 2439 General Assembly; regulatory penalty statement in legislation.

Introduced by: Nicholas J. Freitas | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

General Assembly; regulatory penalty statement. Requires, beginning January 1, 2018, the inclusion of a regulatory penalty statement in any legislation that imposes a requirement on a business or entity engaged in a regulated activity where, under the basic law of the agency responsible for regulating the activity, the agency has the authority by regulation to establish a graduated scale of monetary or civil penalties in accordance with mandatory maximum or minimum penalties set forth in its basic law for enumerated violations. The regulatory penalty statement shall be printed on the face of each bill, but shall not be codified, and shall indicate that the legislation authorizes the (Name of Agency) to establish a graduated scale of monetary or civil penalties for violations. The bill provides that (i) prior to submission to the Registrar of Regulations, an agency affected by legislation shall, by September 1, provide a written report to the standing committee to which matters relating to the content of the planned regulation are most properly referable describing the subject matter and intent of the planned regulation; (ii) the standing committee shall meet on the planned regulation and shall file with the agency and the Governor any objection to the planned regulation by November 1; (iii) if an objection is filed, the promulgation of the planned regulation shall be suspended, with the concurrence of the Governor, until the end of the next regular legislative session; and (iv) if no objection is filed or the Governor does not concur, the agency may promulgate the regulation in accordance with the Administrative Process Act. The bill also requires general notice of the provisions of this requirement to be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations by the Joint Commission on Administrative Rules to advise agencies of their obligations under the bill.


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