reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 32.1 - Health › Chapter 13.1 - Certified Nursing Facility Education Initiative › § 32.1-353.1. Certified nursing facility education initiative; purpose

The General Assembly finds that early identification of potential certified nursing facility deficiencies, coupled with the opportunity to correct any such problems, will improve quality of care and life to certified nursing facility residents in the Commonwealth. In order to implement the General Assembly's finding, early on-site training and assistance shall be provided to certified nursing facilities that are found not in substantial compliance with long-term care requirements and that meet certain requirements as set forth in the Nursing Facility Quality Improvement Program developed pursuant to § 32.1-353.3.
Creative and innovative approaches to the provision of long-term care services may also be explored. Such measures can best be accomplished by using the data, expertise, and knowledge of representatives of state government and representatives from the consumer, long-term care provider, and business communities. For this reason, the Board of Medical Assistance Services, assisted by the Department of Medical Assistance Services, shall administer the education initiatives for certified nursing facility care established by this chapter.
2000, c. 475; 2003, c. 481; 2007, c. 474.
2023 Code of Virginia › Title 32.1 - Health › Chapter 13.1 - Certified Nursing Facility Education Initiative › § 32.1-353.2. Definitions

As used in this chapter:
"Board" means the Board of Medical Assistance Services.
"Certified nursing facility" means any skilled nursing facility, skilled care facility, intermediate care facility, nursing or nursing care facility, or nursing home, whether freestanding or a portion of a freestanding medical care facility, that is certified for participation as a Medicare or Medicaid provider, or both, pursuant to Title XVIII and Title XIX of the United States Social Security Act, as amended, and § 32.1-137.
"Civil money penalty funds" means those funds collected by the Department of Medical Assistance Services for enforcement of certified nursing facility remedies pursuant to Title XIX of the Social Security Act.
"Director" means the Director of the Department of Medical Assistance Services.
2000, c. 475; 2003, c. 481; 2007, c. 474.
2023 Code of Virginia › Title 32.1 - Health › Chapter 13.1 - Certified Nursing Facility Education Initiative › § 32.1-353.3. Authorization to expend civil money penalty funds

A. The Department of Medical Assistance Services, as administrator of the state Medicaid program, maintains a fund comprised of civil money penalties received from nursing facilities as a result of enforcement of federal survey requirements. Pursuant to federal regulations, such funds shall be used for the protection of the health or property of certified nursing facility residents.
B. In addition to the remedies specified in subsection A, the Director shall establish a Nursing Facility Quality Improvement Program in compliance with all applicable federal and state regulations designed to improve the health, safety, and welfare of residents in nursing facilities. The Director shall develop the Nursing Facility Quality Improvement Program in cooperation with affected state agencies, representatives of the nursing facility provider community, and advocacy groups.
2000, c. 475; 2003, c. 481; 2007, c. 474.
2023 Code of Virginia › Title 32.1 - Health › Chapter 14 - Virginia Foundation for Healthy Youth › § 32.1-354. Definitions

As used in this chapter, unless the context clearly indicates otherwise:
"Agreement" means the agreement or agreements between the Commonwealth, as seller of the Tobacco Assets, and the Corporation, as purchaser of the Tobacco Assets. The sale by the Commonwealth of the Tobacco Assets pursuant to any such agreement shall be a true sale and not a borrowing.
"Board" means the Board of Trustees of the Foundation appointed pursuant to § 32.1-357.
"Corporation" means the Tobacco Settlement Financing Corporation as created under state law.
"Director" means the director of the Foundation appointed pursuant to § 32.1-358.
"Endowment" means the Virginia Tobacco Settlement Foundation Endowment established pursuant to § 32.1-361.1.
"Foundation" means the Virginia Foundation for Healthy Youth, created pursuant to § 32.1-355.
"Foundation Allocation" means 10 percent of the annual amount received under the Master Settlement Agreement by the Commonwealth, or that would have been received but for the sale of such allocation pursuant to an agreement, between the starting and ending dates specified in the agreement.
"Fund" means the Virginia Tobacco Settlement Fund established pursuant to § 32.1-360.
"Period of sale" means the time during which a purchase under an agreement is entitled to receive the Foundation Allocation.
"Tobacco Assets" means all right, title, and interest in and to the portion of the Foundation Allocation that may be sold to the Corporation from time to time.
1999, cc. 880, 962; 2007, c. 345; 2009, cc. 424, 554.
2023 Code of Virginia › Title 32.1 - Health › Chapter 14 - Virginia Foundation for Healthy Youth › § 32.1-355. Virginia Foundation for Healthy Youth created; purposes

A. The Virginia Foundation for Healthy Youth (VFHY) is hereby created as a body corporate and a political subdivision of the Commonwealth and as such shall have, and is hereby vested with, all of the politic and corporate powers as are set forth in this chapter. The Foundation is established for the purposes of determining the appropriate recipients of moneys in the Virginia Tobacco Settlement Fund and causing distribution of such moneys for the purposes provided in this chapter.
B. The Foundation shall include the following divisions:
1. The Virginia Tobacco Settlement Foundation (VTSF) division, to assist in financing efforts to restrict the use of tobacco products by minors through such means as educational and awareness programs on the health effects of tobacco use on minors and enforcement of laws restricting the distribution of tobacco products to minors;
2. The Virginia Youth Obesity Prevention (VYOP) division, which may use moneys from the Fund to assist in financing efforts to reduce childhood obesity through such means as educational and awareness programs, implementing evidence-based practices, and assisting schools and communities with policies and programs; and
3. The Virginia Youth Substance Use Prevention (VYSUP) division, which may use moneys from the Fund to assist in financing efforts to prevent and reduce substance use by youth in the Commonwealth through such means as educational and awareness programs, implementing evidence-based practices, and assisting schools and communities with policies and programs.
C. The Foundation shall have only those powers enumerated in § 32.1-356.
1999, cc. 880, 962; 2009, cc. 424, 554; 2017, cc. 60, 109.
2023 Code of Virginia › Title 32.1 - Health › Chapter 14 - Virginia Foundation for Healthy Youth › § 32.1-356. Powers of the Foundation

The Foundation is hereby granted all powers necessary or appropriate to carry out and effectuate its corporate purposes, including, without limitation, the following:
1. To have official seals and to alter the same at pleasure;
2. To maintain an office at such place or places within this Commonwealth as it may designate;
3. To accept, hold, and administer moneys, grants, securities, or other property transferred, given, or bequeathed to the Foundation, absolutely or in trust, for the purposes for which the Foundation is created;
4. To determine how moneys in the Fund are to be distributed and to authorize distribution of moneys in the Fund to entities whose goal is to discourage, eliminate or prevent the use of tobacco products by minors, reduce childhood obesity in the Commonwealth, or prevent and reduce substance use by youth in the Commonwealth, on such terms and in such amounts as determined by the Board;
5. To deposit moneys from the Fund to the Endowment as determined by the Board;
6. To make and execute contracts and all other instruments and agreements necessary or convenient for the exercise of its powers and functions;
7. To appoint and prescribe the duties of such officers, agents, employees, advisors, and consultants as may be necessary to carry out its functions, and to fix and pay such compensation to them for their services as the Foundation may determine;
8. To adopt and from time to time amend and repeal bylaws, not inconsistent with this chapter, to carry into effect the powers and purposes of the Foundation;
9. To receive and accept aid, grants, contributions and cooperation of any kind from any source for the purposes of this chapter subject to such conditions, acceptable to the Foundation, upon which such aid, grants, contributions and cooperation may be made;
10. To do any lawful act necessary or appropriate to carry out the powers herein granted or reasonably implied, including use of whatever lawful means may be necessary and appropriate to recover any payments wrongfully made from the Fund.
1999, cc. 880, 962; 2007, c. 345; 2009, cc. 424, 554; 2017, cc. 60, 109.
2023 Code of Virginia › Title 32.1 - Health › Chapter 14 - Virginia Foundation for Healthy Youth › § 32.1-358. Appointment of director; counsel to the Board and Foundation

A. Subject to confirmation by the General Assembly, the Governor shall appoint a director, whose compensation shall be determined by the Board, subject to approval by the Governor, and who shall also be the secretary of the Board. The director shall administer, manage and direct the affairs and business of the Foundation in accordance with the provisions of this chapter, subject to the policies, control and direction of the Board. The Board may employ technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. The Board may delegate to one or more of its agents or employees such administrative duties as it may deem proper. The actual expenses incurred in the performance of such duties shall be paid from the Fund.
B. The Office of the Attorney General shall provide counsel to the Board and the Foundation.
1999, cc. 880, 962; 2000, c. 1067.
2023 Code of Virginia › Title 32.1 - Health › Chapter 14 - Virginia Foundation for Healthy Youth › § 32.1-359. Duties of the Board

The Board shall perform the following duties:
1. Establish specific criteria and procedures governing decisions by the Foundation to cause the moneys obtained from the Master Settlement Agreement in the Fund to be primarily distributed to entities for use in the discouragement, elimination or prevention of the use of tobacco products by minors. Additionally, the Foundation may distribute moneys in the Fund obtained primarily from public grants and private funding sources to reduce childhood obesity and to prevent and reduce substance use by youth in the Commonwealth;
2. Establish requirements that every recipient of money distributed from the Fund establish and maintain policies that restrict the use of tobacco products by minors, as provided in § 32.1-361;
3. Evaluate the proposals for the use of the assets of the Fund in accordance with the criteria established by the Board and the provisions of this chapter;
4. Evaluate the implementation and results of all efforts receiving support from the Foundation; and
5. Determine amounts to be deposited from time to time from the Fund to the Endowment.
1999, cc. 880, 962; 2007, c. 345; 2009, cc. 424, 554; 2017, cc. 60, 109.
2023 Code of Virginia › Title 32.1 - Health › Chapter 14 - Virginia Foundation for Healthy Youth › § 32.1-360. Virginia Tobacco Settlement Fund

There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Tobacco Settlement Fund. The Fund shall be established on the books of the Comptroller. Subject to the sale of all or any portion of the Foundation Allocation, 10 percent of the annual amount received by the Commonwealth from the Master Settlement Agreement shall be paid into the state treasury and credited to the Fund. In the event of such sale (i) the Foundation Allocation shall be paid in accordance with the agreement for the period of sale and (ii) the fund shall receive amounts withdrawn from the Endowment in accordance with § 32.1-361.1. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes described in this chapter. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written authorization signed by the chairman of the Board or his designee. Moneys in the Fund shall be used for the purposes of (a) discouraging, eliminating or preventing the use of tobacco products by minors, including but not limited to, educational and awareness programs on the health effects of tobacco use on minors and laws restricting the distribution of tobacco products to minors; (b) reducing childhood obesity, including but not limited to educational and awareness programs, implementing evidence-based practices, and assisting schools and communities with related policies and programs; and (c) preventing and reducing substance use by youth in the Commonwealth, including but not limited to educational and awareness programs, implementing evidence-based practices, and assisting schools and communities with related policies and programs.
1999, cc. 880, 962; 2007, c. 345; 2009, cc. 424, 554; 2017, cc. 60, 109.
2023 Code of Virginia › Title 32.1 - Health › Chapter 14 - Virginia Foundation for Healthy Youth › § 32.1-361. Use of moneys distributed

Any recipient of any moneys distributed from the Fund pursuant to this chapter shall be required, as a condition precedent to the release of such moneys to such entity, to establish and maintain policies restricting or preventing tobacco use by minors. The Foundation shall (i) establish criteria for determining whether an entity's policies support the restriction of tobacco use by minors and (ii) monitor the distribution of such moneys to ensure that the recipients of such funds are in compliance with the provisions of this section.
1999, cc. 880, 962; 2009, cc. 424, 554.
2023 Code of Virginia › Title 32.1 - Health › Chapter 14 - Virginia Foundation for Healthy Youth › § 32.1-362. Audit

The accounts of the Foundation shall be audited by the Auditor of Public Accounts, or his legally authorized representatives, as determined necessary by the Auditor of Public Accounts. Copies of the audit shall be distributed to the Governor and to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations.
1999, cc. 880, 962; 2018, cc. 57, 307.
2023 Code of Virginia › Title 32.1 - Health › Chapter 14 - Virginia Foundation for Healthy Youth › § 32.1-364. Reports to the Governor and General Assembly

The Foundation shall submit a report no later than March 31 of each year to the Governor and the General Assembly. The report shall include information regarding programs supported by the Foundation and expenditures from the Fund.
1999, cc. 880, 962; 2005, c. 19.
2023 Code of Virginia › Title 32.1 - Health › Chapter 14 - Virginia Foundation for Healthy Youth › § 32.1-365. Public purpose; exemption from taxation

A. The exercise of the powers granted by this chapter shall be in all respects for the benefit of the citizens of the Commonwealth and for the promotion of their safety, health, welfare, knowledge, convenience and prosperity.
B. The Foundation will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter, and the property of the Foundation and its income and operations shall be exempt from taxation or assessments upon any property acquired or used by the Foundation under the provisions of this chapter.
1999, cc. 880, 962.
2023 Code of Virginia › Title 32.1 - Health › Chapter 15 - Virginia Health Care Fund › § 32.1-366. Virginia Health Care Fund established

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Health Care Fund, hereafter referred to as the "Fund." The Fund shall be established on the books of the Comptroller and any moneys remaining in the Fund at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. For purposes of the Comptroller's preliminary and final annual reports required by § 2.2-813, however, all deposits to and disbursements from the Fund shall be accounted for as part of the general fund of the state treasury.
B. All revenue received by the Commonwealth pursuant to the provisions of (i) §§ 58.1-1001 and 58.1-1018, (ii) Article 2.1 (§ 58.1-1021.01 et seq.) of Chapter 10 of Title 58.1, and (iii) § 3.2-4203 shall be paid into the state treasury and deposited to the Fund. The Comptroller shall also deposit 40 percent of the Commonwealth's allocation pursuant to the Master Settlement Agreement with tobacco product manufacturers, as defined in § 3.2-3100, to the Fund. The Fund shall also consist of all recoveries received during a fiscal year resulting from expenditures incurred in the Medicaid program during a prior fiscal year or years to the extent that such amounts represent recoveries of state funds that would otherwise be deposited to the general fund of the state treasury.
2004, Sp. Sess. I, c. 3; 2005, cc. 899, 901.
2023 Code of Virginia › Title 32.1 - Health › Chapter 15 - Virginia Health Care Fund › § 32.1-367. Uses of Virginia Health Care Fund

Moneys deposited to the Fund shall be used solely for the provision of health care services. Such moneys shall be appropriated as provided in the general appropriation act. Health care services include, but are not limited to, Medicaid payments, disease diagnosis, prevention and control, and community health services.
2004, Sp. Sess. I, c. 3.
2023 Code of Virginia › Title 32.1 - Health › Chapter 16 - Breast and Cervical Cancer Prevention and Treatment Fund › § 32.1-368. Breast and Cervical Cancer Prevention and Treatment Fund established

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Breast and Cervical Cancer Prevention and Treatment Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller and shall be administered by the Director of the Department of Medical Assistance Services. Any moneys remaining in the Fund at the end of each fiscal year, including interest earned thereon, shall not revert to the general fund but shall remain in the Fund.
B. The Fund shall consist solely of (i) revenues received by the Commonwealth from voluntary contributions of tax refunds pursuant to the provisions of § 58.1-344.3 that are paid into the state treasury and deposited to the Fund, (ii) specifically designated federal funds, and (iii) any other private grants, donations, gifts, or bequests designated for the Fund.
2009, cc. 26, 521.
2023 Code of Virginia › Title 32.1 - Health › Chapter 16 - Breast and Cervical Cancer Prevention and Treatment Fund › § 32.1-369. Uses of Breast and Cervical Cancer Prevention and Treatment Fund

Moneys deposited to the Breast and Cervical Cancer Prevention and Treatment Fund shall be used to support the treatment of breast and cervical cancer for women under Medicaid pursuant to the federal Breast and Cervical Cancer Prevention and Treatment Act of 2000, P.L. 106-354. Up to 10 percent of the Fund may be used annually to conduct screening activities for breast and cervical cancer under the Every Woman's Life Program administered by the Virginia Department of Health.
2009, cc. 26, 521.
2023 Code of Virginia › Title 32.1 - Health › Chapter 17 - Breastfeeding › § 32.1-370. Right to breastfeed

A mother may breastfeed in any place where the mother is lawfully present, including any location where she would otherwise be allowed on property that is owned, leased, or controlled by the Commonwealth in accordance with § 2.2-1147.1.
2015, cc. 45, 105.
2023 Code of Virginia › Title 32.1 - Health › Chapter 20 - Disposition of Assets by Nonprofit Health Care Entities › § 32.1-373. Definitions

As used in this chapter, unless the context requires a different meaning:
"Disposition of assets" means any action undertaken by a nonprofit entity to dispose of control of all or substantially all of its assets pursuant to an agreement of sale, transfer, lease, exchange, option, joint venture, or partnership, or to convert to a for-profit entity or to otherwise restructure the nonprofit entity or its assets, resulting in a change in control or governance of the entity or assets.
"Nonprofit entity" means (i) a foreign or domestic nonstock corporation licensed and subject to regulation under Chapter 42 (§ 38.2-4200 et seq.) of Title 38.2 or (ii) a person that is exempt from taxation under 26 U.S.C. § 501(c)(3) or (4) and is, or owns, one of the following: (a) a hospital licensed under Chapter 5 (§ 32.1-123 et seq.) of this title or Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2; (b) a health maintenance organization licensed under Chapter 43 (§ 38.2-4300 et seq.) of Title 38.2; (c) a nursing home, including a facility known by varying nomenclature or designation such as convalescent home, skilled nursing facility or skilled care facility, intermediate care facility, extended care facility, or certified nursing facility or nursing care facility, licensed under the provisions of Article 1 (§ 32.1-123 et seq.) of Chapter 5; or (d) a facility for the provision of continuing care registered with the State Corporation Commission pursuant to Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2.
1997, c. 615, § 55-531; 2000, c. 266; 2002, c. 516; 2005, c. 839; 2019, c. 712.
2023 Code of Virginia › Title 32.1 - Health › Chapter 20 - Disposition of Assets by Nonprofit Health Care Entities › § 32.1-374. Obligations of nonprofit entity

Prior to disposition of assets, any nonprofit entity shall provide to the Attorney General written notice, on a form provided by the Attorney General, of its intent to dispose of such assets, including the terms of the proposal. The notice shall be given at least 60 days in advance of the effective date of such proposed transaction in order that the Attorney General may exercise his common law and statutory authority over the activities of these organizations. The Attorney General may employ expert assistance in reviewing any proposed transaction, and such reasonable expenses incurred by the Attorney General shall be paid by a party to the proposed transaction.
Within 10 days of receipt of the notice from the entity, the Attorney General shall cause a public notice of the transaction to be published in a newspaper in which legal notices may be published in that jurisdiction.
No later than 40 days prior to any disposition of assets, the nonprofit entity shall convene a public meeting to set forth its expectations concerning how the health care needs of the community will be served following the proposed disposition of assets and to receive comments and respond to questions on the potential impact of the proposed disposition of assets on the community served by the nonprofit entity. Notice of the time and place of such meeting shall be published at least 10 days prior to the meeting in a newspaper in which legal notices may be published in that jurisdiction.
Notice to the Attorney General pursuant to this section shall be given for State Corporation Commission approval sought pursuant to Article 11 (§ 13.1-893.1) of Chapter 10 of Title 13.1 and §§ 38.2-203 and 38.2-1322 through 38.2-1328 and subdivision A 1 of § 38.2-4316. Such notice need not be given where the State Corporation Commission determines, in its sole discretion, that there is a reasonable expectation that the foreign or domestic nonstock corporation licensed and subject to regulation under Chapter 42 (§ 38.2-4200 et seq.) of Title 38.2 or health maintenance organization referenced in this chapter will not be able to meet its obligations to subscribers or enrollees.
The provisions of this section shall not apply to any disposition of assets subject to the provisions of § 38.2-4214.1 or any of the provisions of Chapter 15 (§ 38.2-1500 et seq.) of Title 38.2.
1997, c. 615, § 55-532; 2002, c. 516; 2007, c. 925; 2008, c. 253; 2018, c. 706; 2019, c. 712.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-101. Governor to waive certain state statutory mandates and regulations to expedite certain highway construction projects

Notwithstanding any contrary provision of this Code, whenever the Governor finds in his emergency preparedness planning that certain transportation improvements are necessary to avert or respond to a natural disaster, prevent or respond to an act of terrorism, or contribute to military operations during a time of war or state of emergency as defined in § 44-146.16, the Governor may, to the maximum extent not inconsistent with federal law, waive statutory mandates and regulations of any state agency, institution, instrumentality, or political subdivision concerning the issuance of permits or related approvals in order to expedite the construction, reconstruction, alteration, or relocation of such highways, bridges, tunnels, and associated facilities or structures as he deems necessary.
2002, c. 325, § 33.1-223.2:5; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-102. Authority of cities and towns and certain counties in connection with federal aid

The cities and towns of the Commonwealth and also the counties that have withdrawn from the provisions of Chapter 415 of the Acts of Assembly of 1932, as amended, may comply fully with the provisions of the present or future federal-aid road acts, and to this end they may enter into all contracts or agreements with the United States government or the appropriate agencies thereof relating to the survey, construction, improvement, and maintenance of roads, streets, and highways under their control and may do all other things necessary to carry out fully the cooperation contemplated and provided for by the present or future acts of Congress relating to the construction, improvement, and maintenance of roads, streets, and highways.
Such localities may also cooperate with the Board in connection with any project for the survey, construction, improvement, or maintenance of any road, street, or highway under their jurisdiction and control that is eligible for federal aid under any present or future federal-aid road acts and may by appropriate agreement or contract authorize the Board to act on their behalf in any dealings necessary with the United States or any agency thereof and may authorize the Board to carry out such survey, construction, improvement, or maintenance work on such projects either with or without participation by the locality. Whenever the Board is given such authority by any such locality, it may do all things contemplated and provided for by present or future federal-aid road acts and the agreements made with such locality.
Code 1950, § 33-131; 1970, c. 322, § 33.1-216; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-103. Certified mail; subsequent mail or notices may be sent by regular mail

Whenever in this title the Board, Commissioner of Highways, or Department is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Board, Commissioner of Highways, or Department may be sent by regular mail.
2011, c. 566, § 33.1-13.04; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-104. English units of measure

A. Neither the Commissioner of Highways nor the Department shall expend any funds whatsoever for the purpose of (i) converting the units of measure displayed on any highway sign from English units of measure to metric units of measure, (ii) replacing any highway sign displaying English units of measure with one bearing metric units of measure, or (iii) replacing any highway sign displaying English units of measure with one bearing both English and metric units of measure.
B. The Board, Commissioner of Highways, and Department shall use English units of measure in the design, advertisement, construction, and preparation of plans and specifications of every highway, bridge, tunnel, or overpass construction or maintenance project. However, nothing in this section shall prevent the Board, Commissioner of Highways, or Department from continuing the use of metric units of measure in the design, advertisement, or construction of any project or the preparation of plans or specifications for a project if, prior to July 1, 1999, metric units of measure were used in the design, advertisement, plans, or specifications for the project.
1994, cc. 52, 86, § 33.1-190.2; 1999, c. 315, § 33.1-190.3; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-105. Evidence as to existence of a public highway

When a way has been worked by highway officials as a public highway and is used by the public as such, proof of these facts shall be prima facie evidence that the same is a public highway. And when a way has been regularly or periodically worked by highway officials as a public highway and used by the public as such continuously for a period of 20 years, proof of these facts shall be conclusive evidence that the same is a public highway. In all such cases, the center of the general line of passage, conforming to the ancient landmarks where such exist, shall be presumed to be the center of the way and in the absence of proof to the contrary, the width shall be presumed to be 30 feet.
Nothing contained in this section shall be construed to convert into a public highway a way of which the use by the public has been or is permissive and the work thereon by the highway officials has been or is done under permission of the owner of the servient tenement.
Code 1950, § 33-98; 1970, c. 322, § 33.1-184; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-106. Secretary of Transportation to submit annual report on actions taken to increase transit use, etc.

The Secretary, in consultation and cooperation with the Commissioner of Highways and the Director of the Department of Rail and Public Transportation, shall annually, not later than November 1, submit to the General Assembly a report on actions taken by the Commonwealth, local governments, and regional transportation authorities to (i) increase transit use and (ii) reduce highway congestion and use of single occupant vehicles through programs and initiatives involving transportation demand management, transit use, telecommuting, carpooling, construction of commuter parking facilities, use of flexible work hours, and telecommunications technology.
2010, c. 733, § 33.1-223.2:24; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-107. Secretary of Transportation to conduct periodic examination of process

The Secretary shall, at least once every four years, cause to be conducted an examination of the approval process for maintenance and improvements within the secondary and urban highway systems and adopt policies and procedures to reduce review redundancy and to allow approval at the district office level to the maximum extent practical.
2012, c. 41, § 33.1-223.2:26; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-108. Public hearings prior to undertaking projects requested by institutions of higher education

Before any safety-related or congestion management-related highway project requested by any institution of higher education is undertaken in the Commonwealth, the institution of higher education shall conduct at least one public hearing to afford owners of property in the vicinity of the project and users of highways in the vicinity of or likely to be affected by the project an opportunity to submit comments and make their views known regarding the project.
Not less than 30 days prior to any such hearing, a notice of the time and place of the hearing shall also be published by the institution of higher education at least once in a newspaper published or having a general circulation in the locality in which the project is to be located and established.
2012, c. 848, § 33.1-223.2:28; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-109. Policy of the Commonwealth regarding use of highways by motorcycles; discrimination by political subdivisions prohibited

In formulating transportation policy, promulgating regulations, allocating funds, and planning, designing, constructing, equipping, operating, and maintaining transportation facilities, no action of the Board, Commissioner of Highways, or Department shall in any way have the effect of discriminating against motorcycles, motorcycle operators, or motorcycle passengers. No regulation or action of the Board, Commissioner of Highways, or Department shall have the effect of enacting a prohibition or imposing a requirement that applies only to motorcycles or motorcyclists and the principal purpose of which is to restrict or inhibit access of motorcycles and motorcyclists to any highway, bridge, tunnel, or other transportation facility.
The provisions of this section shall also apply to transportation facilities and projects undertaken or operated by localities and other political subdivisions of the Commonwealth where public funds have been used in whole or in part to plan, design, construct, equip, operate, or maintain the facility or project.
1999, cc. 332, 496, § 33.1-13.1; 2001, cc. 68, 83; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-110. Gates across private roads; leaving gates open; gates across private roads leading to forestlands; penalties

A. Any person owning land over which another or others have a private road or right-of-way may, except when it is otherwise provided by contract, erect and maintain gates across such roads or right-of-way at all points at which fences extend to such roads on each side thereof. A court of competent jurisdiction may, upon petition, require the landowner to make such changes as may be necessary and reasonable in the use of such roads for both the landowner and the petitioner. Nothing herein shall prohibit the replacement of a gate with a cattle guard as authorized in § 55.1-2809.
B. If any person without permission of the owners of such gate or of the land on which the gate is located leaves the gate open, he is guilty of a Class 1 misdemeanor.
C. The owners of forest and timberlands may substantially obstruct or close private and seldom used roads leading to or into such forest or timberlands from the public highways of the Commonwealth at points at or near which the private roads enter their property or forestlands; and, in all cases where any such private road is subject to an easement for travel for the benefit of other lands not regularly and continuously inhabited, the owner of such forest or timberlands may obstruct the road with a gate, chain, cable, or other removable obstruction, lock the obstruction, and after furnishing a key to the lock to the owner or owners of the land or lands to which the forestlands are servient, require those entitled to the easement to unlock and relock such obstruction upon making use of the road.
There shall be no penalty upon the owner of such forest or timberlands for failure to erect such obstructions, but if such obstruction is erected, any person without the permission of the owner who destroys, removes, or leaves the obstruction open or unlocked, in cases where the obstruction is locked by the owner and the keys are furnished as provided in this subsection, is guilty of a misdemeanor punishable by a fine of not less than $25 nor more than $500, provided that in all cases of forest fires upon the owner's lands or those adjacent or near thereto, the expressed permission of the owner shall be deemed given to all persons aiding in extinguishing or preventing the spreading of the fire to remove the obstructions, including the breaking of locks.
Code 1950, §§ 33-119, 33-120, 33-120.1; 1952, c. 695; 1954, c. 457; 1970, c. 322, §§ 33.1-202, 33.1-203, 33.1-204; 2014, c. 805; 2019, c. 542.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-111. Funding and undertaking of pedestrian or bicycle projects apart from highway projects not prohibited

Nothing contained in this chapter and no regulation promulgated by the Commissioner of Highways or the Board shall be construed to prohibit or limit the ability of the Board or the Department to fund and undertake pedestrian or bicycle projects except in conjunction with highway projects.
2002, c. 678, § 33.1-223.2:6; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-112. Sidewalks and walkways for pedestrian traffic

The Board may construct such sidewalks or walkways on the bridges and along the highways under its jurisdiction as it deems necessary for the protection of pedestrian traffic.
All provisions of law with respect to the acquisition of lands and interests therein and the construction, reconstruction, alteration, improvement, and maintenance of highways in the primary and secondary state highway systems, including the exercise of the power of eminent domain by the Board and the Commissioner of Highways, shall be applicable to such sidewalks and walkways.
Code 1950, § 33-121; 1970, c. 322, § 33.1-205; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-113. Contributions by cities or towns towards highway building, bridges, etc.

Any city or town, acting by and through its governing body, may contribute funds or other aid within the control of the city or town toward the building or improvement of permanent public highways leading to the city or town, or of bridges, or to the purchase of bridges, or the establishment, maintenance, or operation of ferries, when in the judgment of such governing body such action will tend to promote the material interest of such city or town. But no contribution shall be made toward the building or improvement of any highway or bridge, or the purchase of bridges, or any ferry, at any point more than 40 miles beyond the corporate limits of the city or town, as measured along the route of such highway.
Code 1950, § 33-129; 1970, c. 322, § 33.1-214; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-114. Virginia Aviation Board and Virginia Port Authority powers

The powers of the Virginia Aviation Board set out in Chapter 1 (§ 5.1-1 et seq.) of Title 5.1 and the Virginia Port Authority set out in Chapter 10 (§ 62.1-128 et seq.) of Title 62.1 are in no way diminished by the provisions of this title.
Code 1950, § 33-12; 1956, c. 92; 1964, c. 265; 1970, c. 322, § 33.1-12(11); 1974, c. 462; 1977, c. 150; 1978, c. 650; 1986, Sp. Sess., c. 13; 1988, cc. 844, 903; 1989, c. 727; 1992, c. 167; 1995, c. 94; 2001, c. 349; 2003, cc. 281, 533, 560; 2004, c. 110; 2005, cc. 839, 919; 2006, cc. 197, 417, 833, 924; 2006, Sp. Sess. I, c. 8; 2007, c. 337; 2008, Sp. Sess. II, c. 5; 2009, cc. 670, 690; 2011, cc. 104, 164; 2012, cc. 729, 733; 2013, cc. 388, 569, 585, 646, 741; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-115. Department to establish smart transportation pilot zone

The Secretary of Transportation and the Department of Transportation shall establish a smart transportation pilot zone to test state-of-the-art smart road technology utilizing the existing state highway network, or the Smart Road managed by the Virginia Tech Transportation Institute and owned and maintained by the Department of Transportation in Montgomery County, or both.
2014, c. 478.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-116. Statewide transportation technology programs to incorporate new technologies and innovations in transportation

The Secretary of Transportation and the Department of Transportation shall revise and update statewide transportation technology programs by evaluating and incorporating, where appropriate, new smart road technologies and other innovations in transportation.
2014, c. 477.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-117. Statutes declaring streams and rivers to be highways continued

All statutes heretofore enacted declaring certain streams and rivers to be highways and providing for removing obstructions therefrom and from other streams shall continue in force.
Code 1950, § 33-97; 1970, c. 322; 2014, c. 805, § 33.1-183; 2015, c. 256.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-118. Mobile food vending in commuter lots in Planning District 8

A. In Planning District 8, any mobile food vending unit with a mobile food establishment permit from the Department of Health may, after securing the appropriate approval from the locality in which the commuter parking lot is located, apply for an additional permit with the Department of Transportation and pay a fee in order to operate such mobile food vending unit in a commuter parking lot owned by the Department of Transportation and vend to commuters. A mobile food vending unit shall not be deemed to be parking for the purposes of § 46.2-1219.2 while it is vending pursuant to a permit issued under this section.
B. The Department shall develop guidelines, consistent with the Board's regulations and policies, to permit mobile food vending as provided in subsection A. Such guidelines shall (i) provide for the issuance of permits by the Department to mobile food vendors authorizing such vendors to operate in commuter parking lots owned by the Department, (ii) establish criteria that the Department will use in evaluating each permit application to ensure that neither the function and purpose of the affected commuter parking lot nor the motor vehicle traffic flow and motorist and pedestrian safety will be adversely affected by the operation of the mobile food vendors, (iii) establish fees for mobile food vending, and (iv) address any other issues related to permit issuance as deemed necessary by the Department.
C. The Department shall publish on its website a permit application form for mobile food vending units to apply for such permit to vend to commuters in commuter lots in Planning District 8 and the established fee for such permit and vending.
2016, c. 765.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-119. Limitation on tolling

A. For purposes of this section, "auxiliary lane" means the portion of the roadway adjoining the traveled way as a shoulder or for speed change, turning, weaving, or the maneuvering of entering and leaving traffic.
B. Notwithstanding any other provision of this title, no toll may be imposed or collected on un-tolled lanes or components of a highway, bridge, or tunnel without approval from the General Assembly. However, such prohibition shall not apply to (i) reconstruction with additional lanes of a highway, bridge, or tunnel provided that the number of un-tolled non-high-occupancy vehicle lanes, excluding auxiliary lanes, after the reconstruction is not less than the number of un-tolled, non-high-occupancy vehicle lanes, excluding auxiliary lanes, prior to such reconstruction; (ii) new construction that is opened to the public as a tolled facility; (iii) new construction that is opened to the public as high-occupancy vehicle lanes; (iv) existing high-occupancy vehicle lanes; or (v) an existing lane on a segment of a highway whose length does not exceed 10 miles and is between an interchange and an interchange or an interchange and a bridge, provided that the number of un-tolled non-high-occupancy vehicle lanes on such segment is equal to the number of un-tolled non-high-occupancy vehicle lanes on the portion of the highway preceding such segment.
C. Notwithstanding the provisions of subsection B, prior approval of the General Assembly shall be required prior to the imposition and collection of any toll for use of all or any portion of (i) a non-limited access highway except for a bridge, tunnel, or the approaches to a bridge or tunnel; (ii) Interstate 81; or (iii) any primary highway that is wholly located in Planning District 8 and that was previously classified as a secondary highway and is between 30 and 35 miles in length.
2016, c. 780; 2017, c. 836; 2018, Sp. Sess. I, c. 1; 2019, c. 548.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 1 - Definitions and General Provisions › § 33.2-120. Efforts to increase CAFE standards

A. As used in this section, unless the context requires a different meaning, "CAFE standards" means the corporate average fuel economy standards for passenger cars and light trucks manufactured for sale in the United States that have been implemented pursuant to the federal Energy Policy and Conservation Act of 1975 (P.L. 94-163), as amended.
B. It is the policy of the Commonwealth to support federal action that provides for:
1. An increase in the CAFE standards from the current standard by promoting performance-based tax credits for advanced technology, fuel-efficient vehicles to facilitate the introduction and purchase of such vehicles; and
2. Market incentives and education programs to build demand for high-efficiency, cleaner vehicles, including tax incentives for highly efficient vehicles.
2006, c. 939, §§ 67-800, 67-801; 2021, Sp. Sess. I, c. 387.