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Virginia Legislative Review of Administrative Rules Amendment (2018)
| Virginia Legislative Review of Administrative Rules Amendment | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic State legislatures measures | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Virginia Legislative Review of Administrative Rules Amendment was not on the ballot in Virginia as a legislatively referred constitutional amendment on November 6, 2018.
The measure would have authorized the state legislature to review any administrative rule to determine if it is consistent with the intent of the statute that the rule was developed to interpret, implement, or enforce. The measure would have also empowered the legislature to approve or reject any administrative rule.[1]
This amendment was one of two related to legislative oversight of administrative rules that was approved by the Republican-controlled legislature in 2017. The amendments were approved largely along partisan lines. These proposals needed to be approved again in the 2018 legislative session to reach the November 2018 ballot. With at least 15 House seats flipping from Republican to Democrat following the 2017 election, the partisan control of the legislature was significantly disrupted.
Text of measure
Constitutional changes
- See also: Article IV, Virginia Constitution
The measure would have added a Section 19 to Article IV of the Virginia Constitution. The following section would have been added:
The General Assembly may review any administrative rule to ensure it is consistent with the legislative intent of the statute that the rule was written to interpret, prescribe, implement, or enforce. After that review, the General Assembly may approve or reject, in whole or in part, any rule as provided by law. The approval or rejection of a rule by the General Assembly shall not be subject to gubernatorial veto under Article V, Section 6 of this Constitution.[2]
Path to the ballot
- See also: Amending the Virginia Constitution
In Virginia, a constitutional amendment needs to be passed by a simple majority vote in both chambers of the state legislature over two consecutive legislative sessions to be certified for the ballot. The amendment was not passed before the Virginia 2018 state legislative session ended on March 10, 2018, and was therefore not certified for the November 2018 ballot.
2017 legislative session
Sen. Jill Vogel (R-27) introduced the amendment into the legislature as Senate Joint Resolution 295 on November 11, 2016. The Virginia Senate approved the amendment, 21 to 19, on February 7, 2017. Substitutes for the bill were introduced into the house, but were rejected in committee. On February 20, 2017, the Virginia House of Delegates took up the senate's bill, passing the amendment 53 to 42. An additional five representatives did not vote on the measure.[3]
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2018 legislative session
The amendment needed to be approved again by both chambers of the legislature during its 2018 session to be certified for the ballot.
The amendment was not passed before the Virginia 2018 state legislative session ended on March 10, 2018, and was therefore not certified for the November 2018 ballot.
See also
External links
Footnotes
- ↑ Virginia General Assembly, "Senate Joint Resolution 295," accessed February 22, 2017
- ↑ Note: This text is quoted verbatim from the original source.
- ↑ Virginia General Assembly, "Senate Joint Resolution 295 Overview," accessed February 22, 2017
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State of Virginia Richmond (capital) |
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