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2006 SESSION

060697832
SENATE BILL NO. 614
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Governor
on April 10, 2006)
(Patron Prior to Substitute--Senator Wagner)
A BILL to amend the Code of Virginia by adding in Title 33.1 a chapter numbered 17, consisting of a section numbered 33.1-464, relating to the Virginia-North Carolina Interstate Toll Road Compact.

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Title 33.1 a chapter numbered 17, consisting of a section numbered 33.1-464, as follows:

CHAPTER 17.
VIRGINIA-NORTH CAROLINA INTERSTATE TOLL ROAD COMPACT.

§ 33.1-464. Virginia-North Carolina Interstate Toll Road Compact; form of compact.

The Virginia-North Carolina Interstate Toll Road Compact is enacted into law and entered into with all other jurisdictions legally joining in the form substantially as follows:

Article I.
Short Title.

This act shall be known and may be cited as the Virginia-North Carolina Interstate Toll Road Compact.

Article II.
Compact Established.

Pursuant to Public Law 109-59 (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users), there is hereby established the Virginia-North Carolina Interstate Toll Road Compact (the Compact).

Article III.
Agreement.

The Commonwealth of Virginia and the State of North Carolina agree, upon adoption of this compact:

1. To set, impose, and collect tolls, not to exceed a maximum of $5 for a two-axle vehicle, for use of Interstate Route 95 within their respective boundaries;

2. To share the net proceeds from tolls collected evenly after deducting their actual and necessary costs of collection and operation, with each state's share of the proceeds to be used as the laws of that state may provide, subject to federal law; and

3. To coordinate efforts to establish welcome centers, rest areas, and facilities where travelers may obtain food, fuel, souvenirs, and vehicle repairs and service.

Article IV.
Compact Commission Established; Membership; Chairman; Meetings; and Report.

The Commonwealth of Virginia and the State of North Carolina shall each establish a compact commission. In Virginia, the Virginia-North Carolina Interstate Toll Road Compact Commission (the Commission) shall be established as a regional instrumentality and common agency of the Commonwealth of Virginia and the State of North Carolina. The compact commission of each state shall be empowered to carry out the purposes of the Compact.

The Compact Commission shall have a total membership of ten legislative members, consisting of five legislative members representing the Commonwealth of Virginia and five legislative members representing the State of North Carolina. The Virginia members of the Commission shall be appointed as follows: two members of the Senate to be appointed by the Senate Committee on Rules, and three members of the House of Delegates to be appointed by the Speaker of the House of Delegates, in accordance with the principles of proportional representation contained in the Rules of the House of Delegates. The Virginia members of the Commission shall serve terms coincident with their terms of office, and may be reappointed. However, no Senate member shall serve more than two consecutive four-year terms, and no House member shall serve more than four consecutive two-year terms.

The North Carolina members of the Commission shall be appointed and may be removed in accordance with applicable statutes of the State of North Carolina, as appropriate.

The chairman of the Commission shall be elected by the members of the Commission from among its membership. The chairman shall serve for a term of one year. The chairmanship shall rotate between the Commonwealth of Virginia and the State of North Carolina.

The Commission shall meet not less than twice annually, and at least once in Virginia and once in North Carolina. The Commission shall issue an annual report of its activities to the Governors and the General Assembly of Virginia and the General Assembly of North Carolina.

Article V.
Funding and Compensation.

The Commission may utilize for its operation and expenses funds appropriated to it for such purposes by the Virginia General Assembly and North Carolina General Assembly, or funds received from federal sources.

The Virginia members of the Commission shall receive such compensation as provided in § 30-19.12, and shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties to the Commission as provided in §§ 2.2-2813 and 2.2-2825. The North Carolina members of the Commission shall receive per diem, subsistence, and travel allowances in accordance with applicable statutes of the State of North Carolina, as appropriate. However, all such compensation and expenses shall be paid from existing appropriations and funds provided to the Commission.

Article VI.
Staff Support.

The Virginia Department of Transportation and the North Carolina Department of Transportation shall provide staff support to the Commission.

2.  This act shall become effective upon its enactment by the Commonwealth of Virginia and the State of North Carolina, in accordance with applicable federal law.