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1998 SESSION

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988890358
SENATE BILL NO. 644 Offered January 26, 1998 A BILL to amend and reenact § 46.2-1313 of the Code of Virginia, relating to incorporation of state laws in local ordinances. ---------- Patrons-- Mims; Delegate: May ---------- Referred to the Committee on Transportation ----------

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-1313 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-1313. Incorporation of provisions of this title, Article 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1 and Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2 in ordinances.

Ordinances enacted by local authorities pursuant to this article chapter may incorporate appropriate provisions of this title, of Article 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1, and of Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2 into such ordinances by reference. Nothing contained in this title shall require the readoption of ordinances heretofore validly adopted. Local authorities may adopt ordinances incorporating by reference the appropriate provisions of state law before the effective date of such state law;, provided that such local ordinances do not become effective before the effective date of the state law. The provisions of this section are declaratory of existing law.

Alternatively, a locality may by ordinance adopt all provisions of the Code of Virginia that are or may be referenced in this section. In such localities, Virginia Code provisions listed on a summons to appear in court or a warrant of arrest which are clearly prefixed with the capital letter "L" or the word "LOCAL" shall mean that the individual listed on such document is being charged with or cited for a violation of a local ordinance paralleling a provision or provisions of the Virginia Code referenced in this section.