Administrative Process Act; development and periodic review of regulations, report. (HB1790)

Introduced By

Del. Scott Lingamfelter (R-Woodbridge) with support from co-patron Del. Keith Hodges (R-Urbanna)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Administrative Process Act; development and periodic review of regulations; report. Requires agencies to develop regulations in the least burdensome and intrusive manner possible and provides guiding principles for the development, adoption, and repeal of regulations. The bill also requires each agency to establish a schedule over a ten-year period for the review of all regulations for which the agency is the primary responsible agency. The schedule shall provide for the annual review of at least 10 percent of an agency's regulations by July 1 of each year. Under the bill, the Governor will submit an annual report containing the findings of the regulation reviews by August 1 of each year to the chairmen of the standing committees of the House of Delegates and the Senate. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/09/2017Committee
01/09/2017Prefiled and ordered printed; offered 01/11/17 17100741D
01/09/2017Referred to Committee on General Laws
01/16/2017Assigned GL sub: Subcommittee #4
01/26/2017Impact statement from DPB (HB1790)
01/26/2017Subcommittee recommends reporting (5-Y 2-N)
01/31/2017Reported from General Laws (15-Y 7-N) (see vote tally)
02/02/2017Read first time
02/03/2017Read second time and engrossed
02/06/2017Read third time and passed House (63-Y 34-N)
02/06/2017VOTE: PASSAGE (63-Y 34-N) (see vote tally)
02/07/2017Constitutional reading dispensed
02/07/2017Referred to Committee on General Laws and Technology
02/13/2017Reported from General Laws and Technology (8-Y 7-N) (see vote tally)
02/15/2017Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/16/2017Defeated by Senate (20-Y 20-N) (see vote tally)
02/16/2017Chair votes No
02/16/2017Reconsideration of defeated action agreed to by Senate (40-Y 0-N) (see vote tally)
02/16/2017Passed Senate (21-Y 19-N) (see vote tally)
02/20/2017Enrolled
02/20/2017Bill text as passed House and Senate (HB1790ER)
02/20/2017Impact statement from DPB (HB1790ER)
02/20/2017Signed by Speaker
02/21/2017Signed by President
02/21/2017Enrolled Bill communicated to Governor on 2/21/17
02/21/2017G Governor's Action Deadline Midnight, March 27, 2017
03/24/2017G Vetoed by Governor
04/05/2017Placed on Calendar
04/05/2017House sustained Governor's veto (66-Y 34-N)
04/05/2017VOTE: OVERRIDE GOVERNOR'S VETO (66-Y 34-N) (see vote tally)
04/05/2017(67 affirmative votes required to override)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 6 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

UNDER CERTAIN CATEGORIES. THAT THIRD IS THE PROBLEM. YOU CAN HAVE -- I KNOW WE'RE TALKING ABOUT SMALL KIDS, BUT YOU COULD HAVE A 9-YEAR-OLD THAT STABS HIS BROTHER AT HOME, AND PRECONVICTION, THE SCHOOL CANNOT REMOVE THAT CHILD FROM THE SCHOOL ENVIRONMENT. SO I GOT A 9-YEAR-OLD, YOU CAN HAVE CHILDREN AT THAT AGE WHO HAVE EXHIBITED THE TYPE OF BEHAVIORS TOWARDS OTHERS THAT THEY NEED TO BE REMOVED FROM THE SCHOOL FOR A PERIOD OF TIME, AND WHAT THIS DOES IN THAT UNIQUE CIRCUMSTANCE WHERE A 9-YEAR-OLD COMMITS THAT SORT OF ACT, OFF SCHOOL GROUNDS, THE SCHOOL'S HANDS ARE TIED IN DISCIPLINING THE CHILD. ONCE THEY'RE CONVICTED, YOU CAN DO IT. ONCE THEY DO IT ON SCHOOL GROUNDS, YOU HAVE A WEAPONS EXCEPTION. YOU CREATE A SITUATION WHERE A SCHOOL SYSTEM THAT KNOWS A CHILD HAS VIOLENT TENDENCIES, HAVE ACTED ON THOSE AND COMMITTED VIOLENCE, IS REQUIRED TO KEEP THAT CHILD WITHIN THE SCHOOL SYSTEM, WHICH CREATES ALL NEW ISSUES FOR THE SCHOOL SYSTEM. SO BEING SENSITIVE TO THE REAL ISSUE THAT THE GENTLEMAN IS TRYING TO ADDRESS AND UNDERSTANDING THAT HE HAS NARROWLY ATTEMPTED THIS TO NOT SWEEP TOO MANY FOLKS, THEY HAVE THIS ONE THING THAT I'M NOT WILLING TO TAKE AWAY THE RIGHT OF THE SCHOOL SYSTEM TO REMOVE A CHILD THAT HAS PROVEN TO HAVE VIOLENT TENDENCIES OR COMMITTED VIOLENCE. FOR THAT REASON, I'M GOING TO VOTE AGAINST ENGROSSMENT AND PASSAGE.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN HAS THE FLOOR.

[Unknown]: MR. SPEAKER, LADIES AND GENTLEMEN, THE MORE SERIOUS OFFENSES WOULDN'T RECEIVE LONG-TERM SUSPENSION AS IT IS TODAY. THEY RESULT IN EXPULSION OR CRIMINAL CHARGES, SOME OF THE THINGS THAT THE GENTLEMAN FROM SALEM MENTIONED. STUDENTS THAT COMMIT CRIMES ARE CHARGED WITH THOSE OFFENSES, THAT COMMIT SERIOUS ACTS OF VIOLENCE WILL BE EXPELLED OR CHARGED FOR THOSE OFFENSES. SO I THINK WE ADDRESSED THAT. LET ME JUST SAY ONE OTHER THING, BECAUSE THIS IS MAYBE PERHAPS THIS IS THE GORILLA IN THE ROOM. BESIDES BEING OVERUSED, MISUSED, AND ABUSED, SUSPENSION AND EXPULSION OVER REPRESENTS MINORITIES AND CHILDREN WITH SPECIAL NEEDS. YOU CAN SAY ANYTHING YOU WANT ABOUT THE LEGALITIES OF IT, YOU CAN SAY ANYTHING YOU WANT ABOUT THE REASONS TO NOT EXPEL, BUT THE FACT IS THAT IT HAS BECOME A WAY FOR SCHOOLS TO PUT THESE CHILDREN OUT OF THE WAY, OUT OF SIGHT, OUT OF MIND. MR. SPEAKER, AS FAR AS IMCONCERNED, IF IT MATTERS TO ANYONE, IT MATTERS, AND IT MATTERS TO ME. I ASK THAT WE ENGROSS THE BILL AND PASS IT TO ITS THIRD READING.

Del. Bill Howell (R-Fredericksburg): SHALL THE BILL BE ENGROSSED AND PASSED TO THE THIRD READING. THOSE IN FAVOR SAY AYE.

[Unknown]: AYE. THOSE OPPOSED SAY NO. NO. THE BILL IS PASSED TO THE THIRD READING. PAGE 27 IN THE PRINTED CALENDAR, 1790, A BILL TO AMEND AND REENACT A SECTION OF THE CODE RELATING TO THE ADMINISTRATIVE PROCESS AT DEVELOPMENT AND PERIODIC REVIEW, REPORT TO THE COMMITTEE ON GENERAL LAWS.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM PRINCE WILLIAM.

[Unknown]: HOUSE BILL 1790 REQUIRES AGENCIES TO DEVELOP REGULATIONS IN THE LEAST INTRUSIVE MANNER AS POSSIBLE, THAT IT WILL BE WRITTEN IN PLAIN LANGUAGE SO PEOPLE CAN UNDERSTAND THEM, AND OTHER COMMON SENSE PRINCIPALS FOR THE DEVELOPMENT, ADOPTION, OR REPEAL OF REGULATIONS. THE BILL ALSO REQUIRES EACH AGENCY TO ESTABLISH A SCHEDULE OVER A 10 YEAR PERIOD, FOR THE REVIEW OF ALL THE REGULATIONS, WHICH THE AGENCY IS PRIMARILY RESPONSIBLE FOR. THE SCHEDULE WILL PROVIDE FOR AN ANNUAL REVIEW OF NOT LESS THAN 10% OF THE AGENCY'S REGULATION BY JULY 1ST OF EACH YEAR AND ESTABLISH METRICS FOR REGULATIONS, SO THEIR EFFECTIVENESS AND COST TO THE TAXPAYER CAN BE ASSESSED IN THE REVIEW PROCESS. UNDER THE BILL, THE GOVERNOR WILL SUBMIT AN ANNUAL REPORT CONTAINING THE FINDINGS OF THE REGULATION REVIEW OF AUGUST 1ST OF EACH YEAR TO THE CHAIRMAN OF THE HOUSE OF DELEGATES IN THE I MOVE THE BILL BE ENGROSSED AND SENATE. PASSED TO A THIRD READING.

Del. Bill Howell (R-Fredericksburg): SHALL THE -- I'M SORRY, GENTLEMAN FROM CHARLESTON.

[Unknown]: MR. SPEAKER, SPEAKING BRIEFLY TO THE BILL.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN HAS THE FLOOR.

[Unknown]: MR. SPEAKER, AND LADIES AND GENTLEMEN OF THE HOUSE, IF YOU'RE LIKE ME AND YOU SEE A TITLE THAT SAYS ADMINISTRATIVE PROCESS ACT, YOUR EYES GLAZE OVER. SO WHAT I WOULD ENCOURAGE YOU TO WAKE UP FROM YOUR SNOOZES, AND LOOK AT THIS BILL, AND ASK YOURSELF WHAT IT REALLY DOES, IF ANYTHING. FIRST, IT DOESN'T ELIMINATE ONE SINGLE REGULATION. SECOND, IT DOESN'T REQUIRE