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2017 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 62.1-129 of the Code of Virginia, as it is currently effective and as it shall become effective, is amended and reenacted as follows:
§ 62.1-129. (Effective until April 1, 2017) Board of Commissioners; members and officers; Executive Director; agents and employees.
A. All powers, rights and duties conferred by this chapter, or
other provisions of law, upon the Authority shall be exercised by the Board of
Commissioners of the Virginia Port Authority, hereinafter referred to as Board
or Board of Commissioners. The Board shall consist of the State Treasurer, the
Chief Executive Officer of the Virginia Economic Development Partnership, and
11 members appointed by the Governor, subject to confirmation by the General
Assembly, who shall serve at the pleasure of the Governor. The terms of
members of the Board of Commissioners appointed or reappointed by the Governor
on or after January 1, 1981, shall be for five years. Any appointment to fill a
vacancy shall be for the unexpired term. Members of the Board shall receive
their expenses and shall be compensated at the rate provided in § 2.2-2813 for
each day spent on business of the Board. No member appointed by the Governor
shall be eligible to serve more than two successive terms. A person appointed
to fill a vacancy may be appointed to serve two additional terms. Beginning
with those members of the Board of Commissioners appointed or reappointed by
the Governor on or after January 1, 1981: (i) appointments shall be made by the
Governor in such a manner as to ensure the widest possible geographical
representation of all parts of the Commonwealth, and (ii) no resident of the
Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, or Virginia
Beach shall be eligible for appointment or reappointment to the Board of
Commissioners if his appointment or reappointment would increase or maintain
the number of members of the Board of Commissioners residing in such cities
above the number of five. One of the members appointed or reappointed from the
cities previously mentioned in this section shall be a resident of the City of
Portsmouth or the City of Chesapeake, one of the members appointed or
reappointed shall be a resident of the City of Norfolk or the City of Virginia
Beach, one of the members appointed or reappointed shall be a resident of the
City of Newport News or the City of Hampton, one of the members appointed or
reappointed shall be a resident of Greater Hampton Roads, and one of the members
appointed or reappointed shall be a resident of Greater Hampton Roads, but not
a resident of any of the above-mentioned cities. Additionally, one member shall
be appointed from the City of Richmond or the County of Chesterfield, Hanover,
or Henrico to serve as a nonvoting ex officio member representing the
Port of Richmond, and one member shall be appointed from the City of Winchester
or the County of Clarke, Frederick, or Warren to serve as a nonvoting ex
officio member representing the Virginia Inland Port. Of the members
appointed by the Governor, all members shall have executive level experience and
represent one in any of the following industries: agriculture,
distribution and warehousing, manufacturing, logistics and transportation,
mining, marketing, legal, financial, or transportation infrastructure. In
addition, the Governor shall appoint at least one member with maritime shipping
experience from a list of at least three nominees provided by the Virginia
Maritime Association, who shall not be a paid member of the Virginia Maritime
Association or have any other conflict of interest with the Virginia Port
Authority.
The Board shall elect from its membership a chairman and vice-chairman and may also elect from its membership, or appoint from its staff, a secretary and treasurer and prescribe their powers and duties.
The Board of Commissioners shall appoint the chief executive officer of the Authority, who shall not be a member of the Board, who shall be known as the Executive Director and who shall serve at the pleasure of the Board. The Executive Director's compensation from the Commonwealth shall be fixed by the Board in accordance with law. This compensation shall be established at a level which will enable the Authority to attract and retain a capable Executive Director.
The Board may also appoint from the staff an assistant secretary and an assistant treasurer, who shall, in addition to other duties, discharge such functions of the secretary and treasurer, respectively, as may be directed by the Board.
B. The Board may, at its discretion and from time to time, also form a Maritime Advisory Council, consisting of representatives from the maritime industry, to provide advice and counsel to the Board of Commissioners on all matters associated with the Authority with the exception of the annual budget and personnel matters.
§ 62.1-129. (Effective April 1, 2017) Board of Commissioners; members and officers; Executive Director; agents and employees.
A. All powers, rights, and duties conferred by this chapter,
or other provisions of law, upon the Authority shall be exercised by the Board
of Commissioners of the Virginia Port Authority, hereinafter referred to as the
Board or Board of Commissioners. The Board shall consist of the State
Treasurer, the Chief Executive Officer of the Virginia Economic Development
Partnership, the Chief Executive Officer of the Virginia International Trade
Corporation, and 11 members appointed by the Governor, subject to confirmation
by the General Assembly, who shall serve at the pleasure of the Governor.
The terms of members of the Board of Commissioners appointed or reappointed by
the Governor on or after January 1, 1981, shall be for five years. Any
appointment to fill a vacancy shall be for the unexpired term. Members of the Board
shall receive their expenses and shall be compensated at the rate provided in §
2.2-2813 for each day spent on business of the Board. No member appointed by
the Governor shall be eligible to serve more than two successive terms. A
person appointed to fill a vacancy may be appointed to serve two additional
terms. Beginning with those members of the Board of Commissioners appointed or
reappointed by the Governor on or after January 1, 1981: (i) appointments shall
be made by the Governor in such a manner as to ensure the widest possible
geographical representation of all parts of the Commonwealth, and (ii) no
resident of the Cities of Chesapeake, Hampton, Newport News, Norfolk,
Portsmouth, or Virginia Beach shall be eligible for appointment or reappointment
to the Board of Commissioners if his appointment or reappointment would
increase or maintain the number of members of the Board of Commissioners
residing in such cities above the number of five. One of the members appointed
or reappointed from the cities previously mentioned in this section shall be a
resident of the City of Portsmouth or the City of Chesapeake, one of the
members appointed or reappointed shall be a resident of the City of Norfolk or
the City of Virginia Beach, one of the members appointed or reappointed shall
be a resident of the City of Newport News or the City of Hampton, one of the
members appointed or reappointed shall be a resident of Greater Hampton Roads,
and one of the members appointed or reappointed shall be a resident of Greater
Hampton Roads, but not a resident of any of the above-mentioned cities.
Additionally, one member shall be appointed from the City of Richmond or the
County of Chesterfield, Hanover, or Henrico to serve as a nonvoting ex
officio member representing the Port of Richmond, and one member shall be
appointed from the City of Winchester or the County of Clarke, Frederick, or
Warren to serve as a nonvoting ex officio member representing the
Virginia Inland Port. Of the members appointed by the Governor, all members
shall have executive level experience and represent one in any of
the following industries: agriculture, distribution and warehousing,
manufacturing, logistics and transportation, mining, marketing, legal,
financial, or transportation infrastructure. In addition, the Governor shall
appoint at least one member with maritime shipping experience from a list of at
least three nominees provided by the Virginia Maritime Association, who shall
not be a paid member of the Virginia Maritime Association or have any other
conflict of interest with the Virginia Port Authority.
The Board shall elect from its membership a chairman and vice-chairman and may also elect from its membership, or appoint from its staff, a secretary and treasurer and prescribe their powers and duties.
The Board of Commissioners shall appoint the chief executive officer of the Authority, who shall not be a member of the Board, who shall be known as the Executive Director and who shall serve at the pleasure of the Board. The Executive Director's compensation from the Commonwealth shall be fixed by the Board in accordance with law. This compensation shall be established at a level which will enable the Authority to attract and retain a capable Executive Director.
The Board may also appoint from the staff an assistant secretary and an assistant treasurer, who shall, in addition to other duties, discharge such functions of the secretary and treasurer, respectively, as may be directed by the Board.
B. The Board may, at its discretion and from time to time, also form a Maritime Advisory Council, consisting of representatives from the maritime industry, to provide advice and counsel to the Board of Commissioners on all matters associated with the Authority with the exception of the annual budget and personnel matters.