HOUSE BILL NO. 2340 Offered January 10, 2007 Prefiled January 9, 2007 A BILL to amend and reenact § 33.1-206.1 of the Code of Virginia, relating to installation and maintenance of official highway signs in memory of persons killed in accidents involving intoxicated drivers. ---------- Patron-- Abbitt ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 33.1-206.1 of the Code of Virginia is amended and reenacted as follows:

§ 33.1-206.1. Roadside memorials; installation, maintenance, and removal standards; installation of nonconforming memorial prohibited; penalty.

The Commonwealth Transportation Board shall establish regulations regarding size, distance from the roadway, and other safety concerns, to govern the installation, maintenance, and removal of roadside memorials, plaques, and other devices placed within the right-of-way that commemorate the memory of persons killed in vehicle crashes within the right-of-way of any state highway.

Regulations of the Board established as provided in this section shall provide for the installation and maintenance of official highway signs, similar in size, shape, and design to other official highway signs, in memory of persons killed as the result of accidents involving a driver who was under the influence of alcohol or other intoxicating substance.

Any person who installs any plaque, device, sign, object, material, or other memorial within the right-of-way of any highway controlled by the Department except in accordance with criteria established as provided in this section may be assessed a civil penalty of no more than $100. Each occurrence shall be subject to a separate penalty. All civil penalties collected under this section shall be paid into the Highway Maintenance and Operating Fund.