12104632D
SENATE BILL NO. 161
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Transportation
on January 25, 2012)
(Patron Prior to Substitute--Senator Petersen)
A BILL to amend and reenact §§33.1-1 and 33.1-2 of the Code
of Virginia, relating to composition of the Commonwealth Transportation Board.
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; 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 18 members:
the Secretary of Transportation, the Commissioner of Highways, 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. 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.
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 are configured as of the
date of that member's appointment. 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 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. Nothing in this act shall affect the term of any
member appointed to the Commonwealth Transportation Board prior to July 1,
2012.
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