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2006 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 33.1-1 and 33.1-2 of the Code of Virginia are amended and reenacted as follows:
§ 33.1-1. State Highway and Transportation Board continued as Commonwealth Transportation Board; number and terms of members; removal from office; vacancies.
The State Highway and Transportation Board, formerly known as the State Highway and Transportation Commission, is continued and shall hereafter be known as the Commonwealth Transportation Board. Wherever either "Commission" or "Board" is used in this title referring to the State Highway and Transportation Board or the State Highway and Transportation Commission, it shall mean the Commonwealth Transportation Board.
The Board shall consist of seventeen members: the Secretary of
Transportation, the Commonwealth Transportation Commissioner, the Director of
the Department of Rail and Public Transportation, and fourteen citizen members.
The citizen Except for those members elected by the General Assembly
as provided in § 33.1-2, members shall be (i) appointed by the Governor as
provided in § 33.1-2, (ii) subject to confirmation by the General Assembly, and
(iii) removable from office during their respective terms by the Governor at
his pleasure. Appointments of citizen members shall be for terms of four years
commencing upon July 1, upon the expiration of the terms of the existing
members, respectively. The initial terms of the members appointed in January
1987 shall commence when appointed and shall be for terms ending June 30, 1988,
June 30, 1989, and June 30, 1990, respectively. Vacancies shall be filled by
appointment by the Governor, for those members appointed by the Governor,
and by election by the Joint Committee on Rules, for those members appointed by
the General Assembly. All appointments or elections to fill vacancies shall be
for the unexpired term and shall be effective until thirty days after the next
meeting of the ensuing General Assembly and, if confirmed, thereafter for the
remainder of the term. No person shall be eligible to serve more than two
successive terms of four years, other than the Secretary of Transportation, the
Commonwealth Transportation Commissioner, and the Director of the Department of
Rail and Public Transportation. A person heretofore or hereafter appointed by
the Governor or elected by the General Assembly to fill a vacancy may serve
two additional successive terms.
The Secretary of Transportation shall serve as Chairman of the Board. The Secretary shall have voting privileges only in the event of a tie. The Commonwealth Transportation Commissioner shall serve as Vice-Chairman of the Board. The Commissioner shall have voting privileges only in the event of a tie when he is presiding during the absence of the Chairman. The Director of the Department of Rail and Public Transportation shall serve without a vote.
Whenever in this title and in the Code of Virginia "State Highway Commission" or "State Highway and Transportation Board" is used, it shall mean "Commonwealth Transportation Board"; "State Highway Commissioner" or "State Highway and Transportation Commissioner" shall mean "Commonwealth Transportation Commissioner"; and all references to "Department of Highways and Transportation" shall refer to the Department of Transportation.
§ 33.1-2. Residence requirements; statewide interest.
Of such Board, one member shall be a resident of the territory
now included in the Bristol construction district, one in the Salem
construction district, one in the Lynchburg construction district, one in the
Staunton construction district, one in the Culpeper construction district, one
in the Fredericksburg construction district, one in the Richmond construction
district, one in the Hampton Roads construction district and one in the
Northern Virginia construction district. The foregoing members of the Board
shall be elected by a majority vote of the members present and voting in both
houses of the General Assembly. The remaining five members shall be
appointed by the Governor from the Commonwealth at large, but at least
two shall reside in standard metropolitan statistical areas and be designated
as urban at-large members, and at least two shall reside outside standard
metropolitan statistical areas and be designated as rural at-large members. The
at-large members shall be appointed to represent rural and urban transportation
needs and be mindful of the concerns of seaports and seaport users, airports
and airport users, railways and railway users, and mass transit and mass
transit users. Each member so appointed All members of the Board
shall be mindful of the best interest of the Commonwealth at large primarily
instead of those of the district from which chosen or of the transportation
interest represented.
Board members elected by the General Assembly shall not be removable by the Governor, but may be removed from office only by a majority vote of the members present and voting in both houses of the General Assembly.
2. That the provisions of this act shall not affect members of the Commonwealth Transportation Board appointed prior to July 1, 2006.