HOUSE BILL NO. 875 Offered January 9, 2008 Prefiled January 8, 2008 A BILL to amend and reenact § 46.2-931 of the Code of Virginia, relating to distribution of handbills, etc., in highway rights-of-way. ---------- Patron-- Plum ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 46.2-931 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-931. Certain localities may prohibit or regulate distribution of handbills, etc., solicitation of contributions and sale of merchandise on highways within their boundaries.

A. Arlington and Henrico Counties, the City of Richmond, and the Town of Vienna are hereby authorized to adopt ordinances prohibiting or regulating:

1. The distribution of handbills, leaflets, bulletins, literature, advertisements, or similar material to the occupants of motor vehicles on secondary and urban highways located within their boundaries;

2. The solicitation of contributions of any nature from the occupants of motor vehicles on secondary and urban highways located within their boundaries; and

3. The sale of merchandise or the attempted sale of merchandise to the occupants of motor vehicles on secondary and urban highways located within their boundaries.

B. Albemarle and Greene Counties and the City of Richmond are hereby authorized to adopt ordinances regulating:

1. The distribution of handbills, leaflets, bulletins, literature, advertisements, or similar material to the occupants of motor vehicle on public roadways and medians;

2. The solicitation of contributions of any nature from the occupants of motor vehicles on public roadways and medians; and

3. The sale of merchandise or the attempted sale of merchandise to the occupants of motor vehicles on public roadways and medians.

C. Ordinances adopted pursuant to this section may provide that any person violating the provisions of such ordinances shall be guilty of a traffic infraction.

D. The Virginia Department of Transportation may regulate activities within such streets and highways under its jurisdiction, subject to regulations promulgated by the Commonwealth Transportation Board. Nothing in this section shall be construed to allow any locality to permit activities within any highway under the maintenance and operational jurisdiction of the Virginia Department of Transportation.