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2016 SESSION

16101178D
HOUSE BILL NO. 275
Offered January 13, 2016
Prefiled January 1, 2016
A BILL to amend and reenact §§ 33.2-2602 and 33.2-2604 of the Code of Virginia, relating to the composition of the Hampton Roads Transportation Accountability Commission.
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Patrons-- Yancey, Bloxom, Davis, Helsel, Heretick, Hester, Mason, Miyares, Morris, Spruill, Taylor, Tyler, Villanueva and Ward; Senators: Lewis and Locke
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Referred to Committee on Transportation
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Be it enacted by the General Assembly of Virginia:

1. That §§ 33.2-2602 and 33.2-2604 of the Code of Virginia are amended and reenacted as follows:

§ 33.2-2602. Composition of Commission.

The Commission shall consist of 23 members as follows:

1. The chief elected officer of the governing body of each of the 14 counties and 10 cities embraced by the Commission;

2. A current elected official of each of the four counties embraced by the Commission, provided that such official (i) serves on the governing body of the county and (ii) has been appointed by resolution of such governing body to serve as the county's member on the Commission;

2. 3. Three members of the House of Delegates who reside in different counties or cities embraced by the Commission, appointed by the Speaker of the House, and two members of the Senate who reside in different counties or cities embraced by the Commission, appointed by the Senate Committee on Rules; and

3. 4. The following four persons serving as nonvoting ex officio members of the Commission: a member of the Commonwealth Transportation Board who resides in a locality embraced by the Commission and is appointed by the Governor; the Director of the Department of Rail and Public Transportation, or his designee; the Commissioner of Highways, or his designee; and the Executive Director of the Virginia Port Authority, or his designee.

All members of the Commission shall serve terms coincident with their terms of office. Vacancies shall be filled in the same manner as the original appointment.

The Commission shall elect a chairman and vice-chairman from among its voting membership.

The Auditor of Public Accounts, or his legally authorized representatives, shall annually audit the financial accounts of the Commission, and the cost of such audit shall be borne by the Commission.

§ 33.2-2604. Decisions of Commission.

A majority of the Commission, which majority shall include at least a majority of the total of the chief elected officers of and elected officials who represent the counties and cities embraced by the Commission, shall constitute a quorum. Decisions of the Commission shall require a quorum and shall be in accordance with voting procedures established by the Commission. In all cases, decisions of the Commission shall require the affirmative vote of two-thirds of the members of the Commission present and voting, and two-thirds of the total of the chief elected officers of and elected officials who represent the counties and cities embraced by Planning District 23 who are present and voting and whose counties and cities include at least two-thirds of the population embraced by the Commission; however, no motion to fund a specific facility or service shall fail because of this population criterion if such facility or service is not located or to be located or provided or to be provided within the county or city whose chief elected officer's or elected official's sole negative vote caused the facility or service to fail to meet the population criterion. The population of counties and cities embraced by the Commission shall be the population as determined by the most recently preceding decennial census, except that on July 1 of the fifth year following such census, the population of each county and city shall be adjusted, based on population estimates made by the Weldon Cooper Center for Public Service of the University of Virginia.