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2011 SESSION
11100748DPatrons-- Surovell, Abbott, Bulova, Filler-Corn, Greason, Herring, Hope, James, Keam, Kory, LeMunyon, Miller, P.J., Plum, Scott, J.M., Sickles, Torian, Ward and Watts; Senators: Marsden, Petersen and Whipple
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 18 members: the Secretary of Transportation, the
Commonwealth Transportation Commissioner, the Director of the Department of
Rail and Public Transportation, and fourteen 15
citizen members. The citizen 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, and (iv) persons who have significant
experience in transportation planning, finance, engineering, construction, or
management. 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 the unexpired term and shall be
effective until thirty 30 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 to fill a vacancy
may serve two additional successive terms.
If any member of the Commonwealth Transportation Board shall cease to be a resident of the congressional district from which he was appointed, he shall resign his position on or before the next regularly scheduled election, and the Governor shall appoint another person for the balance of the term.
If an additional congressional district is created through redistricting, the Governor shall appoint a member to represent such district for a new term commencing on July 1 of the year in which the district was created, and if a congressional district is eliminated through redistricting, the position shall cease to exist as of July 1 of that year.
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 each congressional district in the Commonwealth,
as those congressional districts and their boundaries
existed on January 1, 2011.
The remaining five four members shall be appointed 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, in addition, one
shall be mindful
of the concerns of appointed to represent
the interests and concerns of seaports and seaport users, one shall be appointed to represent the interests and
concerns of airports and airport users, one shall be appointed to represent the
interests and concerns of railways and railway users, and one shall be appointed to represent the interests
and concerns of mass
transit and mass transit users. Each member so appointed 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.
2. That nothing in this act shall affect the term of any member appointed to the Commonwealth Transportation Board prior to July 1, 2011.