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2017 SESSION

17104233D
HOUSE BILL NO. 2439
Offered January 20, 2017
A BILL to amend the Code of Virginia by adding a section numbered 30-19.1:7.1, relating to the General Assembly; regulatory penalty statement.
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Patron-- Freitas
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Referred to Committee on General Laws
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 30-19.1:7.1 as follows:

§ 30-19.1:7.1. Regulatory penalty statement; review of certain regulations by the Joint Commission on Administrative Rules.

A. As used in this section, unless the context requires a different meaning:

"Agency" means the same as that term is defined in § 2.2-4001.

"Basic law" means the same as that term is defined in § 2.2-4001.

B. Beginning January 1, 2018, 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, shall contain a regulatory penalty statement. 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.

C. Prior to submission of any proposed regulations to the Registrar of Regulations pursuant to § 2.2-4007.01, an agency affected by subsection B 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.

D. Such 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. 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.

E. If no objection is filed or the Governor does not concur, the agency may promulgate the regulation in accordance with the Administrative Process Act (§ 2.2-4000 et seq.).

2. That general notice of the provisions of this act shall 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 provisions of this act.