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2002 Digest of the Acts of the General Assembly of Virginia

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2002 Digest of the Acts of the General Assembly of Virginia DIGEST OF THE ACTS OF THE GENERAL ASSEMBLY OF VIRGINIA AT THE 2002 SESSION which commenced at the Capitol in the City of Richmond on January 9, 2002, and adjourned sine die March 9, 2002. Published for THE VIRGINIA CODE COMMISSION by THE DIVISION OF LEGISLATIVE SERVICES Commonwealth of Virginia Virginia Code Commission General Assembly Building Richmond, Virginia 23219 2002 MEMBERS OF THE VIRGINIA CODE COMMISSION William J. Howell, Chairman William C. Mims, Vice-Chairman Robert L. Calhoun John S. Edwards Frank S. Ferguson* James E. Kulp R. Steven Landes E. M. Miller, Jr. Thomas M. Moncure, Jr. James B. Wilkinson * Designated by the Attorney General to represent him on the Commission. DIVISION OF LEGISLATIVE SERVICES Editorial and Administrative Staff Robert J. Austin Heather K. Butros Lisa M. Gilmer Kendall C. Patterson Notice Please note that 2002 is the last year that copies of the Digest will be distributed free of charge. Beginning in 2003, individuals may request print copies of the Digest by calling (804) 786-1985, but will be charged a fee to cover printing and mailing costs. The Digest will continue to be available free of charge on the Internet. The web address is http://legis.state.va.us/codecomm/digest. PREFACE This Digest of the Acts has been prepared to give an overview of the legislation adopted during the 2002 Regular and Reconvened Sessions of the General Assembly of Virginia, prior to publication of the 2002 Acts of Assembly. These brief notes are not detailed synopses of the acts, but are intended to point out the major features of new measures or the principal changes in existing law. Anyone desiring more detailed information about an act should obtain its full text. The arrangement of the Digest parallels the title and section number organization of the Code of Vir- ginia. Under each title heading is listed every section within that title that has been amended, added, or repealed, and a brief description of the effect of the General Assembly action. Some titles have a “Miscel- laneous” section containing acts that usually do not have Code section numbers but are related to the sub- ject matter of that title. If an act affects several sections of a title, the note appears under the first section only, but the note heading lists the other affected sections. For acts affecting sections in different titles, there are appropriate cross-references. There are no cross-references to sections within the same title, so the user must scrutinize the note headings within each title. Uncodified appropriation, bond, claims, and constitutional amendment measures are included at the end of the Digest. Please note that the section numbers appearing in this Digest are those assigned to bills at the time of drafting. Due to conflicts with other numbers already assigned, or in order to effect a more logical place- ment, the Virginia Code Commission in its codification of the acts may change the numbers contained in an act as shown in this Digest. The final section number assignments can be determined after the Code sup- plements are published by consulting the “Table of Acts Codified Subsequent to 1948” in Volume 10 of the Code. The acts of the 2002 General Assembly will become effective on July 1, 2002, unless otherwise desig- nated in the act itself. If an act becomes effective on a different date, the note will so indicate. If sections in an act become effective on different dates, the last line of the note will refer readers to the act itself. Following the notes is a chart showing all other bills passed during the 2002 Regular and Reconvened Sessions of the General Assembly that have become law by virtue of being signed by the Governor, the chapter numbers assigned to those bills, and the pages where their summaries appear in the Digest. Bills passed by the General Assembly but vetoed by the Governor are omitted. The Digest has been prepared from summaries written by the staff of the Division of Legislative Ser- vices. TABLE OF CONTENTS TITLE 1. GENERAL PROVISIONS. ...................................................................................................1 TITLE 2.2. ADMINISTRATION OF GOVERNMENT..........................................................................1 TITLE 2.2. MISCELLANEOUS - ADMINISTRATION OF GOVERNMENT. ....................................5 TITLE 3.1. AGRICULTURE, HORTICULTURE, AND FOOD. ...........................................................6 TITLE 3.1. MISCELLANEOUS - AGRICULTURE, HORTICULTURE, AND FOOD. ......................7 TITLE 4.1. ALCOHOLIC BEVERAGE CONTROL ACT. ....................................................................7 TITLE 5.1. AVIATION............................................................................................................................8 TITLE 6.1. BANKING AND FINANCE. ................................................................................................8 TITLE 7.1. BOUNDARIES, JURISDICTION AND EMBLEMS OF THE COMMONWEALTH. ......9 TITLE 8.01. CIVIL REMEDIES AND PROCEDURE. ............................................................................9 TITLE 8.9A. SECURED TRANSACTIONS............................................................................................11 TITLE 9.1. COMMONWEALTH PUBLIC SAFETY...........................................................................11 TITLE 10.1. CONSERVATION. .............................................................................................................12 TITLE 10.1. MISCELLANEOUS - CONSERVATION..........................................................................13 TITLE 11. CONTRACTS......................................................................................................................13 TITLE 12.1. STATE CORPORATION COMMISSION. ........................................................................13 TITLE 13.1. CORPORATIONS...............................................................................................................14 TITLE 13.1. MISCELLANEOUS - CORPORATIONS. .........................................................................14 TITLE 15.2. COUNTIES, CITIES AND TOWNS. .................................................................................15 TITLE 15.2. MISCELLANEOUS - COUNTIES, CITIES AND TOWNS..............................................19 CHARTERS, AUTHORITIES ............................................................................................19 TITLE 16.1. COURTS NOT OF RECORD. ............................................................................................20 TITLE 16.1. MISCELLANEOUS - COURTS NOT OF RECORD. .......................................................22 TITLE 17.1. COURTS OF RECORD. .....................................................................................................22 TITLE 17.1. MISCELLANEOUS - COURTS OF RECORD..................................................................23 TITLE 18.2. CRIMES AND OFFENSES GENERALLY. ......................................................................24 TITLE 19.2. CRIMINAL PROCEDURE.................................................................................................26 TITLE 20. DOMESTIC RELATIONS..................................................................................................28 TITLE 21. DRAINAGE, SOIL CONSERVATION, SANITATION AND PUBLIC FACILITIES DISTRICTS...................................................................................................28 TITLE 22.1. EDUCATION. .....................................................................................................................29 TITLE 22.1. MISCELLANEOUS - EDUCATION. ................................................................................33 TITLE 23. EDUCATIONAL INSTITUTIONS. ...................................................................................34 TITLE 23. MISCELLANEOUS - EDUCATIONAL INSTITUTIONS................................................36 TITLE 24.2. ELECTIONS........................................................................................................................36 TITLE 25. EMINENT DOMAIN. .........................................................................................................38 TITLE 25. MISCELLANEOUS - EMINENT DOMAIN. ....................................................................38 TITLE 26. FIDUCIARIES GENERALLY............................................................................................38 TITLE 27. FIRE PROTECTION...........................................................................................................39 TITLE 28.2. FISHERIES AND HABITAT OF THE TIDAL WATERS. ...............................................39 TITLE 28.2. MISCELLANEOUS - FISHERIES AND HABITAT OF THE TIDAL WATERS. ..........39 TITLE 29.1. GAME, INLAND FISHERIES AND BOATING...............................................................40 TITLE 30. GENERAL ASSEMBLY. ...................................................................................................40 TITLE 31. GUARDIAN AND WARD. ................................................................................................41 TITLE 32.1. HEALTH. ............................................................................................................................41 TITLE 32.1. MISCELLANEOUS - HEALTH.........................................................................................44 TITLE 33.1. HIGHWAYS, BRIDGES, AND FERRIES.........................................................................44
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