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2023 SESSION
23104198DBe it enacted by the General Assembly of Virginia:
1. That §§ 2 and 12, as amended, of Chapter 22 of the Acts of Assembly of 1946 are amended and reenacted as follows:
§ 2. The Peninsula Airport Commission, hereinafter referred to
as the "Commission", "the Commission,"
shall consist of two members from each of the
participating counties and cities one member
from the City of Hampton, one member
from the City of Newport News, one member
from the City of Poquoson, one member
from the City of Williamsburg, one
member from James City County, one member from York
County, and one additional member for every 65,000
residents in any such locality as determined by the
most recent decennial census by the United States Bureau of the
Census, appointed by the governing bodies thereof,
respectively. Original appointments of members shall be for
terms as follows: From the City of Warwick and the
City of Newport News, two years; and from the City of Hampton, three
years. Thereafter all If at any
time there are an even number of members eligible to be appointed to the
Commission from the member localities, the
Commission shall also consist of an additional member appointed by the
Governor. All appointments shall be for
four-year terms, except appointments to fill vacancies,
which shall be for the unexpired terms. However, if updated
census data indicates that a locality is entitled to
fewer members on the Commission based on population, the term of any
member appointed to the Commission due to the population of the locality he
represents shall expire 60 days after the
publication of such census data. If updated
census data indicates that there are an odd number of members
eligible to be appointed to the Commission from the member localities, the term of
any member appointed by the Governor shall expire 60 days after the
publication of such census data. The term of any new additional
member eligible for appointment by a local governing body or
the Governor due to updated census data shall begin 60 days
after the publication of such census data. The governing
body appointing any member may remove such member at any time and appoint his
successor. The members of the Commission so appointed shall constitute the
Commission, and the powers of such Commission shall be vested in and exercised
by the members in office from time to time. The chairman of the Commission
shall be paid $200 per month for attendance at meetings and other activities as
chairman and members of the Commission shall be paid $175 per month for
attendance at meetings and other activities.
Three
members A
majority of the Commissioners in office with
voting powers shall constitute a quorum. No vacancy in the
membership of the Commission shall impair the right of a quorum to exercise all
the rights and perform all the duties of the Commission.
The Commissioners shall annually elect a chairman and a vice chairman from their membership, a secretary and a treasurer or a secretary-treasurer from their membership or not as they deem appropriate, and such other officers as they may deem appropriate. Beginning July 1, 2023, the position of chairman shall annually rotate among localities; any locality from which a representative of such locality has served as chairman shall not have a representative serve as chairman again until all other member localities have had a representative serve as chairman; and such chairman rotation shall be in order by population of the locality the chairman represents, beginning with the member representing the locality with the lowest population and ending with the member representing the locality with the highest population and repeating in that order. The Commissioners may appoint an executive director, who shall not be a commissioner, who shall exercise such powers and duties as may be delegated to him by the Commissioner, including powers and duties involving the exercise of discretion.
The Commission shall hold regular meetings at such times and places as may be established by its bylaws. Special meetings of the Commission may be called by any Commissioner or the Executive Director upon at least 12 hours' written notice to each Commissioner served personally or left at his usual place of business or residence.
The Commissioners may make and from time to time amend and repeal bylaws, not inconsistent with this Act, governing the manner in which the Commission's business may be transacted and in which the power granted to it may be enjoyed. The Commissioners may appoint such committees as they may deem advisable and fix the duties and responsibilities of such committees.
§ 12. Any county or city creating the Commission may withdraw therefrom upon giving one year's notice to the Commission and to other participating counties and cities. The political subdivision so withdrawing shall forfeit its rights to any further revenue from the operations of the Commission and to the repayment of any funds appropriated by it for capital expenditure. The operations of the Commission may be discontinued at any time and its property disposed of by the unanimous action of all participating counties and cities due regard being had for existing contracts and obligations. Upon the cessation of its activities all of the assets of the Commission shall be distributed to the counties and cities participating therein at the time of liquidation in the proportion in which they are financially interested in such activities.
Any county or city participating in the Commission shall
automatically be excluded from the Commission on June
thirtieth, nineteen hundred forty-eight, June 30, 2024,
if said county or city prior to said date has not paid to the Commission its
proportionate share of the cost of participation, provided that said county or
city has been notified by the Commission prior to May
first, nineteen hundred forty-eight, May 1,
2024, of its
failure to pay its agreed proportional share.
2. That nothing in this act shall affect the terms of one member representing the City of Hampton and one member representing the City of Newport News on the Peninsula Airport Commission (the Commission) as of the effective date of this act. The Cities of Hampton and Newport News shall determine which member representing each city, respectively, shall continue as members. The terms of the other members of the Commission from the Cities of Hampton and Newport News shall expire on the effective date of this act. Original appointments of members shall be for terms as follows: from James City County, one year; from the Cities of Poquoson and Hampton, two years; from the Cities of Williamsburg and Newport News, three years; and from York County, four years. All subsequent appointments shall be for terms of four years.
3. That §§ 1-A and 1-B and § 2-A, as amended, of Chapter 568 of the Acts of Assembly of 1954 and § 1-C of Chapter 134 of the Acts of Assembly of 1971 are repealed.