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2012 SESSION
12103150DBe 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; Commonwealth Transportation Commissioner continued as Commissioner of Highways; 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 17 members: the Secretary of Transportation, the
Commissioner of Highways, the Director of the Department of Rail and Public
Transportation, and fourteen 14 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 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 Commissioner of Highways, 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 congressional election and the Governor shall appoint another person for the balance of his 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 Commissioner of Highways 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" or "Commonwealth Transportation Commissioner" shall mean Commissioner of Highways; 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 the
boundaries existed on July 1,
2012. The remaining five three 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 one
of whom shall represent rural interests and one of whom shall represent urban
interests. The at-large members shall also
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 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, 2012.