Administrative Process Act; exempts certain guidance documents from Act. (HB297)

Introduced By

Del. David Bulova (D-Fairfax) with support from co-patrons Del. Keith Hodges (R-Urbanna), and Del. Chris Peace (R-Mechanicsville)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Administrative Process Act; guidance documents. Exempts guidance documents, defined in the bill, from the requirements of the Administrative Process Act (§ 2.2-4000 et seq.), provided that the agency that developed the guidance document certifies that the document conforms to the definition of a guidance document. Each guidance document is then subject to a 30-day public comment period through the Virginia Regulatory Town Hall website, after publication in the Virginia Register of Regulations and prior to final publication by the agency. If a comment received during the public comment period asserts that the guidance document is contrary to state law or regulation or that it should not be exempt, the adoption of the guidance document shall be delayed an additional 30 days, during which time the agency shall address the comments and provide a response in writing. The bill also provides that guidance documents do not include agency (i) rulings and advisory opinions, (ii) forms and instructions, (iii) bulletins and legislative summaries, (iv) studies and reports, and (v) internal manuals and memoranda. Read the Bill »


Bill Has Passed


01/03/2018Prefiled and ordered printed; offered 01/10/18 18103331D
01/03/2018Referred to Committee on General Laws
01/19/2018Assigned GL sub: Subcommittee #4
01/22/2018Impact statement from DPB (HB297)
02/06/2018Subcommittee recommends reporting with substitute (7-Y 0-N)
02/08/2018Reported from General Laws with substitute (20-Y 0-N) (see vote tally)
02/08/2018Committee substitute printed 18105811D-H1
02/10/2018Read first time
02/12/2018Read second time
02/12/2018Committee substitute agreed to 18105811D-H1
02/12/2018Engrossed by House - committee substitute HB297H1
02/13/2018Read third time and passed House BLOCK VOTE (100-Y 0-N)
02/13/2018VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) (see vote tally)
02/14/2018Constitutional reading dispensed
02/14/2018Referred to Committee on General Laws and Technology
02/16/2018Impact statement from DPB (HB297H1)
02/19/2018Reported from General Laws and Technology (15-Y 0-N) (see vote tally)
02/19/2018Rereferred to Finance
02/28/2018Reported from Finance (16-Y 0-N) (see vote tally)
03/01/2018Constitutional reading dispensed (40-Y 0-N) (see vote tally)
03/02/2018Read third time
03/02/2018Passed Senate (38-Y 0-N) (see vote tally)
03/06/2018Bill text as passed House and Senate (HB297ER)
03/06/2018Signed by Speaker
03/07/2018Impact statement from DPB (HB297ER)
03/09/2018Signed by President
03/15/2018Enrolled Bill communicated to Governor on March 15, 2018
03/15/2018G Governor's Action Deadline Midnight, April 9, 2018
04/04/2018Governor's recommendation received by House
04/18/2018House concurred in Governor's recommendation (99-Y 0-N)
04/18/2018VOTE: ADOPTION (99-Y 0-N)
04/18/2018Reconsideration of Governor's recommendation agreed to (38-Y 0-N 1-A)
04/18/2018Senate concurred in Governor's recommendation (39-Y 0-N)
04/18/2018G Governor's recommendation adopted
04/18/2018Reenrolled bill text (HB297ER2)
04/18/2018Signed by Speaker as reenrolled
04/18/2018Signed by President as reenrolled
04/18/2018Enacted, Chapter 820 (effective 1/1/19)
04/18/2018G Acts of Assembly Chapter text (CHAP0820)


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 26 seconds.


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

parliamentary inquiry. >> delegate May state it. who is delegate jones, after all? do we have to do that, Mr. Speaker, or can we handle it -- -- I think it can be fixed. >> okay. Thank you, Mr. Speaker. Will the gentleman yield for