LIS

Code of Virginia

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Code of Virginia
Title 30. General Assembly
Subtitle .
Chapter 1. General Assembly and Officers Thereof
11/24/2024

Chapter 1. General Assembly and Officers Thereof.

§ 30-1. Time and place of meeting of General Assembly.

The General Assembly shall meet in regular session on the second Wednesday in January of each year. It shall sit at the Capitol in the City of Richmond, but may adjourn to any other place.

The General Assembly may, by joint resolution, direct the holding of such session or sessions in the Restored Capitol at Williamsburg, Virginia, as to it may seem proper.

Code 1919, § 294; 1934, p. 99; 1971, Ex. Sess., c. 22.

§ 30-2. Meeting at place appointed by Governor.

If the General Assembly cannot safely meet at the place prescribed by law, or to which it has adjourned, because of a public enemy, or any dangerous contagious disease, or for any other cause, it may meet at such other place as the Governor shall appoint, of which he shall give notice by proclamation.

Code 1919, § 295.

§ 30-3. How convened in extra session.

Whenever two-thirds of the members of both houses of the General Assembly shall, after their adjournment sine die, desire to convene the same in conformity to the Constitution, they shall make application in writing to the Governor over their own signatures, and this shall be deemed by him a proper application. He shall thereupon convene the General Assembly, at such time and place as shall be designated by the application; or, if the time and place be not so designated, then at such convenient and reasonable time and place as he shall appoint.

Code 1919, § 296.

§ 30-4. Civil proceedings for or against members, clerks or clerks' assistants, or the Lieutenant Governor during session.

Any action, suit or other civil proceeding, either in favor of or against a member of the General Assembly, or the clerks thereof, or the clerks' full-time assistants, the sergeant-at-arms of the Senate or House, or the Lieutenant Governor, may be commenced, but shall not, unless by their consent, be prosecuted to final judgment or decree during the session of the General Assembly. In addition, no such person shall be compelled in any civil proceeding to appear or to answer or respond, in person or in writing, nor shall any such person be taken into custody or imprisoned during the session of the General Assembly, or during the fifteen days next before the beginning or after the ending of any session.

Code 1919, § 297; 1997, c. 471.

§ 30-5. Continuance or time for filing pleading, etc., where party or attorney is connected with General Assembly or Division of Legislative Services.

Any party to an action or proceeding in any court, including the Court of Appeals and the Supreme Court of Virginia, commission or other tribunal having judicial or quasi-judicial powers or jurisdiction who is an officer, employee or member or member-elect of the General Assembly or employee of the Division of Legislative Services, or who has, prior to or during the session of the General Assembly, employed or retained to represent him in such action or proceeding an attorney who is or becomes an officer, employee or member or member-elect of the General Assembly or employee of the Division of Legislative Services, shall be entitled to a continuance as a matter of right (i) during the period beginning 30 days prior to the commencement of the session and ending 30 days after the adjournment thereof, and (ii) during a period beginning one day prior to the meeting date of any reconvened or veto session or of any commission, council, committee or subcommittee created by the General Assembly at which such officer, employee or member is scheduled to attend and ending one day after the adjournment of such meeting; however, no continuance need be granted under clause (ii) unless it shall have been requested in writing at least three days prior to the first day for which the continuance is sought and filed with the court. The requesting party, when practicable, shall strive to notify all other parties to the proceeding of such request.

Any pleading or the performance of any act relating thereto required to be filed or performed by any statute or rule during the period beginning 30 days prior to the commencement of the session and ending 30 days after the adjournment of the session shall be extended until not less than 30 days after any such session. The failure of any court, commission or other tribunal to allow such continuance when requested so to do or the returning of such filing or act during the period hereinabove specified shall constitute reversible error; provided that this section shall not prevent the granting of temporary injunctive relief, or the dissolution or extension of a temporary injunction, but the right to such relief shall remain in the sound discretion of the court or other such tribunal.

Code 1919, § 298; 1926, p. 18; 1934, p. 370; 1940, p. 363; 1952, c. 234; 1960, c. 147; 1973, cc. 242, 322; 1984, c. 703; 1987, c. 192; 2002, cc. 584, 617; 2012, c. 394.

§ 30-6. Privilege of members, clerks and clerks' assistants, and Lieutenant Governor from arrest.

During the session of the General Assembly, and for five days before and after the session, members of the General Assembly, the clerks thereof and the clerks' full-time assistants, and the sergeants-at-arms of the Senate and House shall be privileged from being taken into custody or imprisoned under any process except as provided in § 30-7; nor shall such persons for such periods of time be subject to process as a witness in any case, civil or criminal. The provisions of this section shall be applicable to the Lieutenant Governor during his attendance at sessions of the General Assembly and while going to and from such sessions.

Code 1919, § 299; 1958, c. 29; 1975, c. 427; 1997, c. 471.

§ 30-7. Members, clerks, assistants, etc., subject to arrest for criminal offenses.

Any member of the General Assembly, any clerk thereof or his assistants, the Lieutenant Governor or the sergeant-at-arms of the Senate or the House who is alleged to have committed a criminal offense as defined in § 18.2-8, shall be subject at any time to be charged, arrested, prosecuted and imprisoned for such offense.

Code 1919, § 300; 1975, c. 427; 1997, c. 471.

§ 30-8. Member must obey writ of habeas corpus.

Any court or judge awarding a writ of habeas corpus, directed to a member of the General Assembly, shall have power to compel obedience to such writ.

Code 1919, § 301.

§ 30-9. Privilege of members for words spoken or written.

No member or former member of the General Assembly shall be arrested or imprisoned for or on account of any words spoken or written or any proceedings had in either house; but nothing herein shall in any respect restrict the power which each house of the General Assembly has over its respective members.

Code 1919, § 302.

§ 30-10. Attendance of witnesses; production of evidence.

When the Senate or House of Delegates, a joint committee or commission thereof, or any committee of either house authorized to send for persons and papers, shall order the attendance of any witness, or the production of any paper as evidence, a summons shall be issued accordingly by the clerk of such house, directed to the sheriff or other officer of any county or city, or the chief officer of the Virginia Capitol Police, or his designee, and, when served, obedience thereto may be enforced by attachment, fine and imprisonment in jail, at the discretion of the house which, or the committee of which, caused the summons to issue, or in the case of a joint committee or commission, at the discretion of such joint committee or commission or as the two houses may determine by joint resolution.

Code 1919, § 303; 1958, c. 608; 1971, Ex. Sess., c. 155; 2003, c. 231.

§ 30-11. Who to administer oaths to witnesses.

The oaths to be taken by any witness examined before such house or committee may be administered by the speaker of the house, chairman of the committee, or the clerk of the house or of the committee.

Code 1919, § 304.

§ 30-12. Duties of officers of each house.

The several officers of each house of the General Assembly shall perform such duties as shall be required of them by their respective houses.

Code 1919, § 305.

§ 30-13. Other duties of Clerk of House of Delegates; publication of proposed amendments to Constitution.

In addition to such duties as may be prescribed by the rules of the House of Delegates, the Clerk of the House of Delegates shall at the end of the session of the General Assembly prepare a well-arranged index to the journal of the House and the documents printed during the session by order of the House. He shall have published, with the acts and joint resolutions proposing amendments to the Constitution: joint resolutions providing for studies for legislation of each session of the General Assembly; the unadjusted United States decennial census counts for the Commonwealth's counties, cities, and towns; and a carefully prepared and well-arranged index of the acts and joint resolutions.

The Clerk of the House of Delegates shall have published all proposed amendments to the Constitution for distribution from his office and to the clerk of the circuit court of each county and city two copies of the proposed amendments, one of which shall be posted at the front door of the courthouse and the other shall be made available for public inspection. Every clerk of the circuit court shall complete the posting required not later than three months prior to the next ensuing general election of members of the House of Delegates and shall certify such posting to the Clerk of the House of Delegates. The Clerk of the House of Delegates shall report to the General Assembly at its next regular session the action taken by him under this section, including the costs incurred in the printing and distribution of the amendments. The report shall be published in the Journal of the House of Delegates.

Code 1919, § 306; 1920, p. 396; 1927, p. 211; 1940, p. 471; 1946, p. 171; 1959, Ex. Sess., c. 84; 1969, Ex. Sess., c. 13; 1971, Ex. Sess., c. 71; 1976, c. 170; 1993, c. 399; 1994, c. 623; 2005, c. 839.

§ 30-14. Clerk to be Keeper of the Rolls; other duties.

The Clerk of the House of Delegates shall be the Keeper of Rolls of the Commonwealth. He shall enroll all of the acts of the General Assembly and joint resolutions proposing amendments to the Constitution by such other permanent and substantial method or methods as he may deem proper; and shall have the enrolled acts bound for publication after they have been signed by the Speaker of the House of Delegates and the President of the Senate.

The Clerk of the House of Delegates shall have the custody of the acts and joint resolutions of the General Assembly, and the records of the House of Delegates; and, when required, shall furnish a copy of any or any part of any of them, or of any section or sections of the Code in the form published pursuant to § 30-148; which copy, being certified by him shall be evidence for any purpose for which the original would be received, and with as much effect. If an act or part of an act of the General Assembly has been codified and assigned a section number as a part of the Code of Virginia, by the Virginia Code Commission pursuant to § 30-148, he may also certify that fact.

He shall, as soon as practicable after every act is passed, prepare the acts for publication with a notation of the day upon which every act was approved by the Governor or became law without his approval. He shall furnish to the Director of the Division of Legislative Automated Systems the manuscript of all acts of the General Assembly and joint resolutions proposing amendments to the Constitution and joint resolutions providing for studies for legislation, or a copy thereof, properly arranged for publication. As soon as practicable after the adjournment of the General Assembly, he shall furnish the index and the tables required by law and the date of adjournment of the session, and shall superintend the publication of such acts, joint resolutions, resolutions, date of adjournment, tables and index, in connection with the Director of the Division of Legislative Automated Systems.

Code 1919, § 307; 1940, p. 472; 1959, Ex. Sess., c. 84; 1970, c. 170; 1994, c. 623; 2005, c. 839.

§ 30-14.01. Certifying copy of act; fee.

The Clerk of the House of Delegates shall charge for certifying a copy of an Act of Assembly the sum of five dollars.

Code 1950, § 14-115; 1964, c. 386, § 14.1-104; 1989, c. 186; 1998, c. 872.

§ 30-14.1. Enrollment of act to codify the laws; printing and distribution.

The provisions of § 30-14, concerning the manner and method of enrollment of the acts of the General Assembly shall not apply to an act to codify the laws of the Commonwealth. In the case of such legislation the bill itself or a copy thereof, with all amendments to such bill, if any there be, incorporated therein, or with such amendments or copies thereof attached to or accompanying such bill or copy of such bill, shall be taken and preserved as the enrolled bill. If any such amendments are actually incorporated in the bill, or copy of the bill, they may be so incorporated in such manner and by such method as the Clerk of the House of Delegates deems most practicable, except that the Clerk shall not, in order to accomplish such incorporation, require the entire bill to be reprinted, or require any portion of the bill to be reprinted which is not affected by any amendment. Such bill or copy, with the amendments or copies of the amendments as a part of the bill or copy thereof, as made up by the Clerk in accordance with this section, shall be signed by the presiding officers of the Senate and House of Delegates and sent in such form to the Governor for his approval.

The Clerk of the House of Delegates, as Keeper of the Rolls of the Commonwealth, shall not be required to furnish to anyone a copy of an act to codify the laws of the Commonwealth, nor to prepare such an act for publication, nor to furnish to the Comptroller the manuscript of such an act, or any copy thereof. Nor shall the Clerk of the House of Delegates or the Comptroller be required to print, publish or distribute an act to codify the laws of the Commonwealth, as other acts and the joint resolutions of the General Assembly are printed, published or distributed; unless it should be provided in the act to codify the laws, as adopted, that some titles, chapters, articles or sections thereof shall take effect in advance of the remainder of the act, in which event such titles, chapters, articles, and sections of the act, with all amendments which affect them actually incorporated therein, shall be printed and distributed as are other acts of Assembly, but may be separately printed and bound. The Comptroller shall, however, cause to be done any printing that the Clerk of the House of Delegates requires to be done as a part of the process of incorporation of amendments to any bill to codify the laws of the Commonwealth.

1948, p. 587.

§ 30-14.2. Reenrollment of bills amended in accordance with recommendations of Governor.

The Clerk of the House of Delegates in his capacity as Keeper of the Rolls of the Commonwealth shall reenroll all bills which have been amended in accordance with the recommendation of the Governor, and such reenrolled bills shall be treated in the same manner as provided in Article IV, Section 11 of the Constitution of Virginia for every bill that has passed both houses, before being presented to the Governor for his final action.

1950, p. 7; 1970, c. 170; 1971, Ex. Sess., c. 1.

§ 30-14.3. Keeper of the Rolls authorized to correct typographical errors, etc., in legislation.

The Keeper of the Rolls of the Commonwealth is authorized to correct typographical errors in legislation in the form that they are offered, printed, engrossed, enrolled, or printed after passage; and for the sake of uniformity to change from upper to lower case or vice versa, take out or put in hyphens, change from one word form to two word form or vice versa, to the end that it will not be necessary to encumber the journal with amendments for such purposes.

1950, p. 3; 2016, c. 188.

§ 30-14.4. Deputy clerks of the House of Delegates; certification of acts and resolutions of the General Assembly and other records.

The Clerk of the House of Delegates as Keeper of the Rolls of the Commonwealth may, during the term of his office, appoint deputy clerks, with the approval of the Speaker of the House of Delegates, for furnishing copies of acts and resolutions of the General Assembly and records and papers of the House of Delegates, during the absence of the said Clerk or after his death, resignation or retirement, which copies, being certified by such deputy clerks, shall be evidence for any purpose for which the original would be received, and with as much effect. The Clerk of the House of Delegates making such appointments shall certify the same to the Secretary of the Commonwealth. Any such deputies so appointed, before entering upon the duties of such office, shall take and subscribe the oath of office and file the same with the Secretary of the Commonwealth. Any such deputies may be removed from office by the Clerk of the House of Delegates by written notice to the Secretary of the Commonwealth.

1952, c. 291; 1972, c. 5.

§ 30-15. Index to Senate journal.

The Clerk of the Senate shall, at the end of each session, prepare an index to the journal of the Senate and the documents printed by its order and deliver the same to the Comptroller.

Code 1919, § 308.

§ 30-15.1. Deputy clerks of the Senate; certification of records.

The Clerk of the Senate may appoint deputy clerks, for performing the duties of such Clerk and for signing originals, or furnishing copies, of records and papers of the Senate, during the absence of such Clerk or after his death, resignation or retirement, which copies, being certified by any such deputy clerk, shall be evidence for any purpose for which the original would be received, and with as much effect. The Clerk of the Senate making such appointments, shall certify the same to the Secretary of the Commonwealth. Any such deputy so appointed, before entering upon the duties of such office, shall take and subscribe the oath of office and file the same with the Secretary of the Commonwealth. Any such deputy may be removed from office by the Clerk of the Senate by written notice to the Secretary of the Commonwealth.

1954, c. 1; 1972, c. 5.

§ 30-15.1:1. Use of Senate armorial bearings; penalty.

The armorial bearings adopted by the Senate of Virginia as their official armorial bearings shall carry the following protections on their use:

1. Only current and former members of the Senate of Virginia and the Clerk of the Senate shall have the authority to utilize such armorial bearings or any facsimile or representations of the armorial bearings.

2. Representations of such armorial bearings used by former members of the Senate shall be colored blue.

3. Such use shall not be for any commercial purpose.

4. Any person violating the provisions of subdivision 1 shall be guilty of a Class 3 misdemeanor. Any person violating the provisions of subdivisions 2 and 3 shall be guilty of a Class 4 misdemeanor.

2005, c. 839.

§ 30-15.2. Distribution of Code, supplements and replacement volumes to members of Senate.

The Virginia Code Commission shall, with moneys from the contingent fund of the Senate, acquire and distribute to each member of the Senate, to become his own property, a set of the Code of Virginia, and distribute the supplements and replacement volumes thereto for the period such member serves in the Senate. The Code, supplements and replacement volumes shall be distributed only to those members who request the same. The Code shall not be distributed to members of the Senate who previously have been furnished a set of the Code by the Commonwealth; however, such members shall, upon request, receive from the Virginia Code Commission supplements and replacement volumes to the Code for the period such members serve in the Senate.

1976, c. 131.

§ 30-16. Books and maps of committees; original bills.

It shall be the duty of the Clerk of the Senate and of the Clerk of the House of Delegates, respectively, to take charge of and keep, during the recess of the General Assembly, all the books and maps belonging to the several standing committees of their respective houses, and to deliver the same at the commencement of each session to the clerks or chairmen of such committees, who shall return them to the Clerks of the two houses at the end of the session. They shall keep all original bills and resolutions offered in their respective houses until the close of the session of the General Assembly next succeeding the session at which they were offered, at which time they shall be transferred to The Library of Virginia for archival deposit.

Code 1919, § 309; 2000, c. 373.

§ 30-16.1. Correction of misspellings in bills and resolutions already introduced.

The Clerk of the Senate and the Clerk of the House of Delegates are hereby empowered to correct misspellings contained in bills and resolutions introduced in their respective houses; provided that the corrections do not in any way alter the bill's or resolution's meaning or effect.

1975, c. 8.

§ 30-17. Alteration, secretion or destruction of pending bills or resolutions.

If any person shall fraudulently erase, alter, secrete or destroy any bill, resolution or amendment to any bill pending before the General Assembly, or either branch thereof, or before any committee of either or of both branches, or any enrolled bill of the General Assembly, or either branch thereof, or shall fraudulently, or with improper intent, endeavor to influence any officer or employee of the General Assembly, or of either branch thereof, to erase, alter, secrete or destroy any such bill, amendment or enrolled bill, he shall be confined in the penitentiary not less than one nor more than five years.

Code 1919, § 310.

§ 30-18. Repealed.

Repealed by Acts 1972, c. 582.

§ 30-19. How Constitution amended.

Any amendment or amendments to the Constitution may be proposed in the Senate or House of Delegates by resolution, which shall contain such proposed amendment or amendments prepared in such form as is in accordance with that prescribed by the rules of the House of Delegates and the Senate for deletions and additions of language and be spread at length on the journal of the house in which it is offered, and if it is agreed to by a majority of the members elected thereto with ayes and noes taken thereon, it shall be communicated to the other house where it shall be dealt with in like manner, and when so agreed to by both houses, it shall be enrolled as provided by law and signed by the President of the Senate and Speaker of the House of Delegates. Such amendment or amendments shall thereupon stand referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates. If at such regular session the proposed amendment or amendments shall be agreed to by a majority vote of all the members elected to each house, the same shall be submitted to the people, not sooner than ninety days after final passage, by a bill or resolution introduced for such purpose, and if the people shall approve and ratify such amendment or amendments by the majority of the electors qualified to vote for the members of the General Assembly voting thereon, such amendment or amendments shall become a part of the Constitution.

Code 1919, § 312; 1971, Ex. Sess., c. 129; 1973, c. 57.

§ 30-19.01. Repealed.

Repealed by Acts 1984, c. 202.

§ 30-19.03. Estimates to be prepared for legislation affecting local government expenditures and revenues.

Whenever any legislative bill requiring a net additional expenditure by any county, city, or town, or whenever any legislative bill requiring a net reduction of revenues by any county, city, or town, is filed during any session of the General Assembly, the Commission on Local Government shall investigate and prepare an estimate setting forth, to the extent practicable, the additional expenditures or reduction of revenues, if any, to be required of the affected localities in event of enactment of such legislation.

A bill shall be deemed to require an expenditure if it has the effect of requiring any county, city, or town to (i) perform or administer a new or expanded program or service, (ii) maintain an existing program or service at a specified level of spending or delivery, (iii) assume or incur administrative costs in support of a state or state-related program, or (iv) furnish capital facilities for state or state-related activities.

For purposes of this section, "net additional expenditure" means the cost anticipated to be incurred annually, less any revenues receivable on account of the program or service from fees charged recipients of the program or service, state or federal aid paid specifically and categorically in connection with the program or service, new or increased local sources of revenue authorized and designated specifically to offset the cost of the program or service, and any offsetting savings resulting from the reduction or elimination of any program or service directly attributable to the performance of the required program or service.

A bill shall be deemed to require a net reduction of revenues if it has the effect of requiring any county, city, or town to (i) relinquish an existing or potential source of local revenue by classification or exclusion or (ii) diminish an existing or potential source of revenue by classification or exclusion.

For the purposes of this section, "net reduction of revenues" means the reduction anticipated in local revenues, including, but not limited to, general levies, special levies, revenues received pursuant to §§ 58.1-605 and 58.1-606 and administrative and user fees, to be incurred annually, less any new local revenues receivable and any offsetting savings resulting from the reduction of local revenues, caused by the classification or exclusion being proposed.

The provisions of this section shall not apply to a reduction in local revenues that is required or arises from a court order or judgment, nor to a revenue reduction that is adopted at the option of any county, city, or town under a law that is permissive rather than mandatory, nor to a revenue reduction that is the result of a measure providing tax relief on a statewide basis.

The Division of Legislative Services shall examine all bills and joint resolutions filed during any legislative session for the purpose of identifying and forwarding to the Commission on Local Government those bills requiring the preparation of fiscal estimates pursuant to this section and those joint resolutions calling for a study of local government revenues or expenditures.

The Department of Planning and Budget and the Department of Taxation are authorized to submit legislative bills to the Commission on Local Government to prepare local fiscal estimates.

As soon thereafter as may be practicable, the Commission on Local Government shall forward copies of such estimates to the Clerk of the House of Delegates for transmittal to each patron of the legislation and to the chairman of each committee of the General Assembly to consider the same.

All departments, agencies of government, the Division of Legislative Services, and all local governmental units of the Commonwealth are directed to make available such information and assistance as the Commission on Local Government may request in preparing the estimates required by this section.

1979, c. 257; 1980, cc. 747, 749; 1995, c. 743; 1999, c. 1016; 2010, c. 410; 2014, c. 807.

§ 30-19.03:1. Repealed.

Repealed by Acts 2010, c. 410, cl. 2.

§ 30-19.03:1.2. Unemployment compensation bills affecting net revenues of the Commonwealth.

A. The Virginia Employment Commission, in consultation with the Department of Planning and Budget, shall prepare a statement reflecting the projected impact on the solvency level of the unemployment trust fund and the average increase in state unemployment tax liability of employers on a per-employee basis over the ensuing eight years that would result from the enactment of any bill that enhances the benefits payable to an individual pursuant to Title 60.2.

B. No bill enhancing the benefits payable to an individual pursuant to Title 60.2 shall be considered by the General Assembly at a regular session unless the bill contains a statement prepared in accordance with subsection A as a second or final enactment clause in the bill.

C. For the purposes of this section, legislation that "enhances the benefits payable to an individual" includes any legislation that would facilitate the receipt, or increase the amount, of unemployment compensation benefits that an otherwise qualified claimant is eligible to receive on an annual basis.

2004, c. 895; 2011, c. 302.

§ 30-19.03:1.3. Evaluations to be prepared for legislation increasing or beginning regulation of an occupation.

A. For the purposes of this section, "regulation" means any statement of general application, having the force of law and affecting the rights or conduct of any person, adopted by an agency in accordance with the authority conferred on it by the Constitution and applicable statutes of the Commonwealth.

B. When any legislative bill requiring the Department of Professional and Occupational Regulation to increase or begin regulation of an occupation is filed during any session of the General Assembly, the chairman of the committee having jurisdiction over the proposal shall request that the Board for Professional and Occupational Regulation (the Board) prepare an evaluation of the legislation using the criteria outlined in § 54.1-311.

C. Upon receipt of such a request, the Board shall prepare the evaluation and shall forward copies of such evaluation to the Clerk of the House of Delegates for House bills and to the Clerk of the Senate for Senate bills no later than November 1 of the same year for requests received during a regular session of the General Assembly or as soon as practicable for requests received during a special session of the General Assembly for transmittal to each patron of the legislation and to the chairman of each committee of the General Assembly to consider the same.

All departments, agencies of government, and the Division of Legislative Services are directed to make available such information and assistance as the Board may request in preparing the evaluations required by this section.

2019, c. 812; 2022, c. 647.

§ 30-19.03:2. Legislative summaries.

Any legislative summary associated with a bill, joint resolution or resolution, including any summary appearing on the face of such legislation, shall not constitute a part of the legislation considered, agreed to, or enacted and shall not be used to indicate or infer legislative intent.

1997, c. 375.

§ 30-19.04. Repealed.

Repealed by Acts 2003, c. 1032, cl. 2, effective January 1, 2003.

§ 30-19.05. Repealed.

Repealed by Acts 2003, cc. 757 and 758, cl. 2, effective July 1, 2004.

§ 30-19.1. Repealed.

Repealed by Acts 2010, c. 410, cl. 2.

§ 30-19.1:2. Repealed.

Repealed by Acts 2003, c. 1032, cl. 2, effective January 1, 2003.

§ 30-19.1:3. Repealed.

Repealed by Acts 2010, c. 410, cl. 2.

§ 30-19.1:4. Increase in terms of imprisonment or commitment; fiscal impact statements; appropriations for operating costs.

A. The Virginia Criminal Sentencing Commission shall prepare a fiscal impact statement reflecting the operating costs attributable to and necessary appropriations for any bill which would result in a net increase in periods of imprisonment in state adult correctional facilities. The Department of Planning and Budget shall annually provide the Virginia Criminal Sentencing Commission with the operating cost per inmate.

B. The Department of Planning and Budget, in conjunction with the Department of Juvenile Justice, shall prepare a fiscal impact statement reflecting the operating costs attributable to and necessary appropriations for any bill that would result in a net increase in periods of commitment to the custody of the Department of Juvenile Justice.

C. The requirement for a fiscal impact statement includes, but is not limited to, those bills which add new crimes for which imprisonment or commitment is authorized, increase the periods of imprisonment or commitment authorized for existing crimes, impose minimum or mandatory minimum terms of imprisonment or commitment, or modify the law governing release of prisoners or juveniles in such a way that the time served in prison, or the time committed to the custody of the Department of Juvenile Justice, will increase.

D. The fiscal impact statement of any bill introduced on or after July 1, 2002, that would result in a net increase in periods of imprisonment in state correctional facilities or periods of commitment to the custody of the Department of Juvenile Justice, shall include an analysis of the fiscal impact on local and regional jails, state and local pretrial and community-based probation services agencies and juvenile detention facilities.

E. The amount of the estimated appropriation reflected in the fiscal impact statement shall be printed on the face of each such bill, but shall not be codified. If the agency responsible for preparing the fiscal impact statement does not have sufficient information to project the impact, the fiscal impact statement shall state this, and the words "Cannot be determined" shall be printed on the face of each such bill.

F. The fiscal impact statement shall include, but not be limited to, details as to any increase or decrease in the offender population. Statements prepared by the Virginia Criminal Sentencing Commission shall detail any necessary adjustments in guideline midpoints for the crime or crimes affected by the bill as well as adjustments in guideline midpoints for other crimes affected by the implementation of the bill that, in the opinion of the Commission, are necessary and appropriate.

G. The agency preparing the fiscal impact statement shall forward copies of such impact statements to the Clerk of the House of Delegates and the Clerk of the Senate for transmittal to each patron of the legislation and to the chairman of each committee of the General Assembly to consider the legislation.

H. For each law enacted which results in a net increase in periods of imprisonment in state correctional facilities or a net increase in periods of commitment or the time committed to the custody of the Department of Juvenile Justice, a one-year appropriation shall be made from the general fund equal to the estimated increase in operating costs of such law, in current dollars, of the highest of the next six fiscal years following the effective date of the law. "Operating costs" means all costs other than capital outlay costs.

I. The Corrections Special Reserve Fund (the Fund) is hereby established as a nonreverting special fund on the books of the Comptroller. The Fund shall consist of all moneys appropriated by the General Assembly under the provisions of this section and all interest thereon. Any moneys deposited in the Fund shall remain in the Fund at the end of the biennium. Moneys in the Fund shall be expended solely for capital expenses, including the cost of planning or preplanning studies that may be required to initiate capital outlay projects.

1993, c. 804; 1996, c. 972; 2000, cc. 825, 833; 2004, c. 461; 2007, c. 133.

§ 30-19.1:5. Repealed.

Repealed by Acts 2000, cc. 825 and 833.

§ 30-19.1:6. Repealed.

Repealed by Acts 2010, c. 410, cl. 2.

§ 30-19.1:7. Bills related to the Virginia Retirement System; impact statements.

In accordance with a joint resolution that establishes a schedule for the conduct of business coming before a regular session of the General Assembly, the Board of Trustees of the Virginia Retirement System shall investigate, prepare, and submit to the Clerk of the House of Delegates, the Clerk of the Senate, the Commission on Local Government, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations, a statement of (i) the financial impact of the proposed bill upon the general fund and the various local governments that have elected to become part of the Virginia Retirement System pursuant to § 51.1-800 and (ii) the policy implications that such bill will have on the various systems administered by the Board of Trustees. Such statement shall also note the potential impact any introduced bill will have on local government independent retirement systems.

1997, c. 610; 2001, c. 680; 2010, c. 410.

§ 30-19.1:8. Repealed.

Repealed by Acts 1999, c. 572.

§ 30-19.1:9. Duration of state boards and commissions.

After January 1, 2003, all bills creating an advisory board, council, commission or other collegial body in the executive branch of state government shall contain a provision requiring the expiration of such body three years after its creation.

2003, c. 793.

§ 30-19.1:10. Repealed.

Repealed by Acts 2005, cc. 860, 889, cl. 2.

§ 30-19.1:11. Legislation that creates or renews tax credits.

No bill proposing to add a new state tax credit or renew an existing state tax credit shall be reported from any committee of the General Assembly unless such bill contains an expiration date of not longer than five years from the effective date of the new or renewed state tax credit.

2012, c. 265.

§ 30-19.1:12. Executive orders; impact statements by the Joint Legislative Audit and Review Commission.

A. At the request of the chairman of any committee of the Senate or House of Delegates, the Joint Legislative Audit and Review Commission shall review any executive order issued by the Governor and prepare a statement reflecting the potential fiscal impact of such executive order on the operations of state government.

B. The Joint Legislative Audit and Review Commission shall forward copies of the impact statement prepared pursuant to subsection A to the requesting chairman of the standing committee of both houses of the General Assembly to which matters relating to the content of the executive order are most properly referable.

2016, c. 623.

§ 30-19.1:13. Racial and ethnic impact statements for criminal justice legislation.

A. As used in this section:

"Disparities" means the difference in criminal justice outcomes for a racial or ethnic subgroup compared to their share of the state population.

"Racial and ethnic impact statement" means a statement created using available data to outline the potential impact of a criminal justice bill on racial and ethnic disparities within the Commonwealth.

B. At the request of the Chair of the House Committee for Courts of Justice or the Chair of the Senate Committee for Courts of Justice, the Joint Legislative Audit and Review Commission shall review and prepare a racial and ethnic impact statement for a proposed criminal justice bill.

C. The Joint Legislative Audit and Review Commission shall forward copies of the racial and ethnic impact statement prepared pursuant to subsection B to the patron of the bill and the Chair of the House Committee for Courts of Justice or the Chair of the Senate Committee for Courts of Justice, as appropriate.

D. No more than three racial and ethnic impact statements may be requested by the Chair of the House Committee for Courts of Justice and no more than three racial and ethnic impact statements may be requested by the Chair of the Senate Committee for Courts of Justice for completion during a single regular session of the General Assembly.

E. Upon the request of the Joint Legislative Audit and Review Commission, the Office of the Executive Secretary of the Supreme Court, Virginia State Police, Virginia Criminal Sentencing Commission, Department of Corrections, and all other state agencies shall expeditiously provide necessary data and assistance for the preparation of racial and ethnic impact statements.

2021, Sp. Sess. I, c. 183.

§ 30-19.2. Inspection of certain state facilities by, or orientation for, members and future members of the General Assembly.

(1) Inspections may be made of the grounds, buildings, and other physical facilities appurtenant to state agencies and state-supported institutions, at the times and by the persons hereinafter set forth.

(2) The Governor may arrange for such inspection in each year preceding the regular session of the General Assembly for the members of the forthcoming General Assembly. Such inspection trips shall be provided at state expense for each member of the General Assembly.

(3) Transportation, meals, lodging, and other necessary accommodations for the persons making the inspection for which this section provides shall be provided from funds appropriated to the General Assembly. Travel shall be arranged by motor bus or other convenient method of transportation from some central point from which trips to the several state agencies and institutions shall be made. The Governor shall notify the persons permitted to make such inspection of the place and time of origin from which such trip shall begin and when it is expected to end; and shall make such arrangements as will be convenient to the persons desiring to make such trip of inspection.

(4) The persons making such trip shall be allowed their reasonable expenses in going to and from their homes to the point of origin of the trips. Compensation shall be paid as provided in §§ 30-19.12 and 30-19.15.

(5) Nothing contained in this section is intended to restrict in any way the right of any member of the General Assembly to visit at his expense any state institution at any time.

(6) Orientation sessions on the organization, programs, operations, and procedures of the Executive Department of state government may be provided in lieu of inspections of state facilities. The Governor may arrange for such orientation in each year preceding the regular session of the General Assembly for members and members-elect of the forthcoming General Assembly.

1952, c. 102; 1960, c. 575; 1979, c. 466.

§ 30-19.3. Prefiling of bills and resolutions.

A. 1. Any member or member-elect of the next regular session of the General Assembly may prefile bills and resolutions for even-numbered-year regular sessions beginning the third Monday in November of the preceding year with the Clerk of the House of Delegates or Senate as appropriate.

2. Any member or member-elect of the General Assembly may prefile bills and resolutions for odd-numbered-year regular sessions beginning the third Monday in July of the preceding year with the Clerk of the House of Delegates or Senate as appropriate.

3. Any bill or resolution prefiled shall be endorsed by the handwritten signature of at least one member or member-elect as a patron. An electronic signature may be substituted for a handwritten signature on prefiled legislation as may be approved by each house in accordance with its rules and procedures. In no event shall a bill or resolution be prefiled by a member of the General Assembly who was not re-elected to the next regular session of the General Assembly. The deadline for submitting drafting requests for legislation to be prefiled to the Division of Legislative Services and the deadline for prefiling legislation with the appropriate Clerk shall be established by the procedural resolution adopted by the General Assembly, or in default thereof, adopted by the Joint Rules Committee.

B. In the event of the convening of a special session of the General Assembly, only bills relating to the stated purpose of such special session and resolutions affecting the rules of procedure or schedule of business of the General Assembly may be prefiled as provided in subsection A of this section beginning on the day on which either (i) the Governor announces the date on which such special session is to convene, or (ii) two-thirds of the members elected to each house of the General Assembly make application to the Governor for the convening of such special session.

C. The Clerks of the House of Delegates and Senate shall assign numbers to prefiled bills and resolutions in the order of their receipt, refer them to the appropriate committee with the advice of the Speaker of the House of Delegates, in the case of House bills, and in the case of Senate bills, in accordance with the Rules of the Senate, and have a sufficient number of them printed for circulation as provided in this section.

D. Printed prefiled bills and resolutions shall be periodically mailed to each member and member-elect of the General Assembly and shall be made available to the press and public in the same manner as bills and resolutions introduced after the General Assembly convenes.

1969, Ex. Sess., c. 24; 1973, c. 488; 1981, c. 196; 1987, c. 124; 2001, cc. 568, 584; 2004, c. 718; 2007, c. 442; 2012, c. 670.

§ 30-19.4. Secretaries and administrative assistants for officers and members of General Assembly; staff personnel for standing committees.

The General Assembly shall provide for the employment of secretaries and administrative assistants for the Speaker of the House of Delegates, the President pro tempore of the Senate, the Majority and Minority Floor Leaders of the House of Delegates and Senate and members of the General Assembly to aid in the performance of duties incidental to the legislative process. Allowances for such secretaries and assistants shall be provided as set forth in the general appropriations act. Such allowances shall not be utilized for political purposes and shall be further conditioned upon such limitations and restrictions as shall be set forth in the general appropriations act. The session day per diem for each administrative assistant shall equal the amount authorized for members of the General Assembly as set forth in the general appropriations act.

The General Assembly shall provide for the employment of such clerks, counsel and other staff personnel for each of the standing committees as are approved by the Rules Committee of the appropriate house.

No member of the immediate family of a member of the General Assembly shall be eligible to receive any sum authorized under the provisions of this section. For the purpose of this section the spouse, parent, child, brother or sister of the member shall be considered a member of the immediate family.

1972, c. 822; 1973, c. 512; 1974, c. 356; 1976, c. 735; 1979, c. 475; 1980, c. 151; 1984, c. 161; 2005, c. 802.

§ 30-19.5. Supervisory control of Division of Legislative Services.

Supervisory control of the Division of Legislative Services shall be vested jointly in the Committees on Rules of the House of Delegates and the Senate, meeting jointly.

1973, c. 322.

§ 30-19.6. Repealed.

Repealed by Acts 1986, c. 156.

§ 30-19.7. Repealed.

Repealed by Acts 1990, c. 485.

§ 30-19.8. Collection of information by legislative study groups; policy.

It shall be the policy of the Commonwealth that each legislative study group, including the Virginia Advisory Legislative Council and its subcommittees, the Virginia Code Commission, special legislative study commissions, and standing committees of the House and Senate and their subcommittees, either through its members or staff, advise the agency head of the general nature of a study or investigation being conducted by such group whenever it determines that information within such agency is applicable to such study or investigation. Thereafter, such legislative study group may seek out all information within such agency from an individual designated by the agency head to provide pertinent information or from the most direct and primary source without further communication or contact with the agency head. Each employee within such agency shall give his full cooperation to the group and its staff in collecting the information. No member or staff member of such groups shall be entitled to access to information, without permission of the agency head, for which disclosure is prohibited by specific provisions of law.

Insofar as possible, the legislative study groups and their staffs shall perform their collection duties, and utilize the services of personnel within the agencies in doing so, in such a manner as to minimize disruption of the normal operations of the agency.

Such freedom to access of all information within all state agencies is deemed absolutely necessary for the legislature to be able to efficiently evaluate laws and policies of the Commonwealth, how they are being administered, and the need for changes in such laws and policies, and also for the Virginia General Assembly to effectively fulfill its responsibility regarding legislative oversight.

1977, c. 433.

§ 30-19.8:1. Due dates for legislative reports.

A. Legislative commissions, councils, and other legislative bodies required to report annually to the General Assembly and Governor shall submit their annual reports on or before June 30 of each year, unless otherwise specified. Annual reports submitted pursuant to this section shall cover the preceding legislative interim period and may include actions taken by the General Assembly during the regular session of the current calendar year.

B. Joint subcommittees, joint committees, and other legislative entities required or requested by law or resolution to conduct a study shall submit their reports no later than June 30 of the reporting year, unless otherwise specified. The reports may include actions taken by the General Assembly during the regular session of the current calendar year.

2005, c. 633.

§ 30-19.8:2. Absences on legislative commissions.

The absence of any appointed nonlegislative citizen member from three consecutive regular meetings of any joint subcommittee, board, commission, authority, council, or other body that has been created or established in the legislative branch unless on account of sickness shall be sufficient cause for the original appointing authority to declare the position vacated and to fill such vacancy.

2014, c. 634.

§ 30-19.9. Distribution of information on proposed constitutional amendments to voters.

When a proposed amendment is to be submitted to the people for their approval and ratification pursuant to Article XII, Section 1 of the Constitution of Virginia and § 30-19, the State Board of Elections shall cause to be printed and distributed to the general registrar of each county and city, not less than ninety days prior to the election, copies of an explanation of such amendment to be placed at each registration site in sufficient number to provide a copy to any interested person, and to election officials to be posted at the polling places on the day of the election. The State Board shall post the explanation on its site on the Internet. It also shall cause such explanation to be published by paid advertisement in each daily newspaper with an average daily circulation of more than 50,000 in Virginia, and published in Virginia or in a contiguous state or district, once during the week preceding the final day for registration and once during the week preceding the election at which the proposed amendment is to be presented to the people.

The explanation shall contain the ballot question, the full text of the proposed constitutional amendment, and a statement of not more than 500 words on the proposed amendment. The explanation shall be presented in plain English, shall be limited to a neutral explanation, which may include a brief statement on the effect of a "yes" and "no" vote on the question but shall not include arguments submitted by either proponents or opponents of the proposal. The Division of Legislative Services, in consultation with such agencies of state government as may be appropriate, including the Office of Attorney General, shall prepare an explanation for any such proposal which is approved by the General Assembly on first reference and referred to the next regular session of the General Assembly following the general election of members of the House of Delegates. The explanation shall be approved for distribution as to form and content by the Committee on Privileges and Elections of the first house of introduction of the resolution proposing the amendment as soon as practicable after enactment of the ballot question.

Any failure to comply with the provisions of this section shall not affect the validity of the constitutional amendment.

1987, c. 311; 1999, c. 589; 2001, c. 1.

§ 30-19.10. Distribution of information on proposed questions to be submitted to voters.

Whenever a statewide referendum on a matter other than a constitutional amendment is submitted to the voters by the General Assembly, the State Board of Elections shall cause to be printed and distributed to the general registrar of each county and city, not less than ninety days prior to the election, copies of information about the referendum to be placed at each registration site in sufficient number to provide a copy to any interested person, and to election officials to be posted at the polling places on the day of the election. The State Board of Elections also shall cause the information to be published by paid advertisement in each daily newspaper with an average daily circulation of more than 50,000 in Virginia, and published in Virginia or in a contiguous state or district, once during the week preceding the final day for registration and once during the week preceding the referendum.

The information shall contain the ballot question and either (i) a neutral explanation of not more than 500 words on the proposed question, or (ii) for any bond referendum, a fiscal impact statement. The neutral explanation or the fiscal impact statement shall be presented in plain English, shall be limited to a neutral explanation, and shall not present arguments by either proponents or opponents of the proposal. The fiscal impact statement shall include descriptions of the need for and anticipated uses of the bond proceeds. The Division of Legislative Services, in consultation with such agencies of state government as may be appropriate, including the Office of the Attorney General, shall prepare the neutral explanation as part of the legislation authorizing the referendum. The staff of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations shall each prepare a fiscal impact statement for any bond referendum and assist the Division of Legislative Services in preparing the explanation as part of the legislation authorizing the referendum.

For purposes of this section and § 30-19.9, "plain English" means written in nontechnical, readily understandable language using words of common everyday usage and avoiding legal terms and phrases or other terms and words of art whose usage or special meaning primarily is limited to a particular field or profession.

Any failure to comply with the provisions of this section shall not affect the validity of the statewide referendum.

1996, c. 297; 2007, c. 402.