HB712: Highways, bridges, interchanges, and other transportation facilities; authority to name.


HOUSE BILL NO. 712
House Amendments in [ ] -- February 12, 2018
A BILL to amend and reenact § 33.2-213 of the Code of Virginia and to repeal the third enactment of Chapter 729 and the third enactment of Chapter 733 of the Acts of Assembly of 2012, relating to naming highways, bridges, interchanges, and other transportation facilities.
Patron Prior to Engrossment--Delegate Adams, D.M.

Referred to Committee on Transportation

Be it enacted by the General Assembly of Virginia:

1. That § 33.2-213 of the Code of Virginia is amended as follows:

§ 33.2-213. Naming highways, bridges, interchanges, and other transportation facilities.

The Board shall have the power and duty to give suitable names to state highways, bridges, interchanges, and other transportation facilities and change the names of any highways, bridges, interchanges, or other transportation facilities forming a part of the systems of state highways. The, except such highways, bridges, interchanges, or other transportation facilities as have been or may hereafter be named by the General Assembly, provided that the names of private entities, as defined in § 33.2-1800, located within the Commonwealth living persons shall not be used for such purposes unless such private entity pays the Department an annual naming rights fee as determined by the Board. The Department shall place and maintain appropriate signs indicating the names of highways, bridges, interchanges, and other transportation facilities named by the Board or by the General Assembly. The costs of producing, placing, and maintaining these signs shall be paid by the localities in which they are located or by the private entity whose name is attached to the highway, bridge, interchange, or other transportation facility. No name shall be given to any state highway, bridge, interchange, or other transportation facility by the Board unless and until the Board receives from the governing body of the locality within which a portion of the facility to be named is located a resolution of that governing body requesting such naming, except in such cases where a private entity has requested the naming. No highway, bridge, interchange, or other transportation facility previously named by the Board or the General Assembly shall be eligible for renaming by a private entity, unless such naming incorporates the previous name. The Board shall develop and approve guidelines governing the naming of highways, bridges, interchanges, and other transportation facilities by private entities and the applicable fees for such naming rights. Such fees shall be deposited in the Highway Maintenance and Operating Fund established pursuant to § 33.2-1530.

 [ No name shall be eligible for the naming rights under this section if it in any way reasonably connotes anything that (i) is profane, obscene, or vulgar; (ii) is sexually explicit or graphic; (iii) is excretory related; (iv) is descriptive of intimate body parts or genitals; (v) is descriptive of illegal activities or substances; (vi) condones or encourages violence; or (vii) is socially, racially, or ethnically offensive or disparaging. ]

2. That the third enactment of Chapter 729 and the third enactment of Chapter 733 of the Acts of Assembly of 2012 are repealed.

 [ 3. That this act shall not be construed to affect any action previously taken by the General Assembly or the Commonwealth Transportation Board to name a transportation facility for a living person. ]

HOUSE BILL NO. 712

Offered January 10, 2018
Prefiled January 9, 2018
A BILL to amend and reenact § 33.2-213 of the Code of Virginia and to repeal the third enactment of Chapter 729 and the third enactment of Chapter 733 of the Acts of Assembly of 2012, relating to naming highways, bridges, interchanges, and other transportation facilities.
Patrons-- Adams, D.M. and Simon

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That § 33.2-213 of the Code of Virginia is amended as follows:

§ 33.2-213. Naming highways, bridges, interchanges, and other transportation facilities.

The Board shall have the power and duty to give suitable names to state highways, bridges, interchanges, and other transportation facilities and change the names of any highways, bridges, interchanges, or other transportation facilities forming a part of the systems of state highways. The, except such highways, bridges, interchanges, or other transportation facilities as have been or may hereafter be named by the General Assembly, provided that the names of private entities, as defined in § 33.2-1800, located within the Commonwealth living persons shall not be used for such purposes unless such private entity pays the Department an annual naming rights fee as determined by the Board. The Department shall place and maintain appropriate signs indicating the names of highways, bridges, interchanges, and other transportation facilities named by the Board or by the General Assembly. The costs of producing, placing, and maintaining these signs shall be paid by the localities in which they are located or by the private entity whose name is attached to the highway, bridge, interchange, or other transportation facility. No name shall be given to any state highway, bridge, interchange, or other transportation facility by the Board unless and until the Board receives from the governing body of the locality within which a portion of the facility to be named is located a resolution of that governing body requesting such naming, except in such cases where a private entity has requested the naming. No highway, bridge, interchange, or other transportation facility previously named by the Board or the General Assembly shall be eligible for renaming by a private entity, unless such naming incorporates the previous name. The Board shall develop and approve guidelines governing the naming of highways, bridges, interchanges, and other transportation facilities by private entities and the applicable fees for such naming rights. Such fees shall be deposited in the Highway Maintenance and Operating Fund established pursuant to § 33.2-1530.

No name shall be eligible for the naming rights under this section if it in any way reasonably connotes anything that (i) is profane, obscene, or vulgar; (ii) is sexually explicit or graphic; (iii) is excretory related; (iv) is descriptive of intimate body parts or genitals; (v) is descriptive of illegal activities or substances; (vi) condones or encourages violence; or (vii) is socially, racially, or ethnically offensive or disparaging.

2. That the third enactment of Chapter 729 and the third enactment of Chapter 733 of the Acts of Assembly of 2012 are repealed.