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2003 SESSION

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CHAPTER 299 An Act to amend and reenact § 46.2-106 of the Code of Virginia, relating to reciprocal agreements entered into by the Governor. [H 1444] Approved March 16, 2003

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-106 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-106. Reciprocal agreements entered into by Governor.

The Reciprocity Board, hereinafter called the Board, is hereby created. The Board shall consist of three ex officio members: the Commissioner of the Department of Motor Vehicles, the Commonwealth Transportation Commissioner, and one of the members of the State Corporation Commission. A majority of the members of the Board shall constitute a quorum and the action of the majority of the members in attendance at any meeting shall be the action of the Board. Whenever a member of the Board is absent from a meeting of the Board, he may designate one of his assistants or employees to attend on his behalf. The assistant or employee shall be entitled to participate in the discussion and proceedings of the Board, but he shall not vote.

The Governor may, with the advice of the Board, enter into reciprocal agreements on behalf of the Commonwealth with the appropriate authorities of any state of the United States with respect to all taxes imposed by the Commonwealth and by any other state of the United States on motor vehicles, the operation of motor vehicles, or any transaction incident to the operation of motor vehicles.

Except as provided in this section, all agreements entered into by the Governor with respect to any subject of reciprocity as to which provision is expressly made by statute shall conform to the provisions of that statute. As to any other subject of reciprocity appropriate to the powers vested in the Governor by this section, the Governor may, with the advice of the Board, agree to whatever terms and conditions as in his judgment are best calculated to promote the interests of the Commonwealth. Except as provided in this section, it is the policy of the Commonwealth to grant reciprocity to the residents of another state when that state grants reciprocity to the residents of the Commonwealth.

All agreements entered into by the Governor pursuant to this section shall be reduced to writing, and a copy shall be furnished to the Secretary of the Commonwealth, each member of the Reciprocity Board, and the Superintendent of State Police.