Code of Virginia

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Code of Virginia
Title 33.2. Highways and Other Surface Transportation Systems
Chapter 2. Transportation Entities
11/30/2020

Article 1. Commonwealth Transportation Board; Membership and Organization.

§ 33.2-200. Commonwealth Transportation Board; membership; terms; vacancies.

The Board shall have a total membership of 17 members that shall consist of 14 nonlegislative citizen members and three ex officio members as follows: the Secretary of Transportation, the Commissioner of Highways, and the Director of the Department of Rail and Public Transportation. The nonlegislative citizen members shall be appointed by the Governor as provided in § 33.2-201, subject to confirmation by the General Assembly. Appointments of nonlegislative citizen members shall be for terms of four years commencing on July 1, upon the expiration of the terms of the existing members, 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 nonlegislative citizen member shall be eligible to serve more than two consecutive four-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining that member's eligibility for reappointment. Ex officio members of the Board shall serve terms coincident with their terms of office.

The Secretary shall serve as chairman of the Board and shall have voting privileges only in the event of a tie. The senior nonlegislative citizen member shall serve as vice-chairman of the Board and shall preside during the absence of the chairman. In the event that more than one nonlegislative citizen member of the Board may be considered the senior nonlegislative citizen member, the Board shall elect the vice-chairman from such senior nonlegislative citizen members. The Director of the Department of Rail and Public Transportation and the Commissioner of Highways shall not have voting privileges.

Code 1950, c. 87, § 33-1; 1956; 1970, c. 322, § 33.1-1; 1974, c. 462; 1984, c. 748; 1985, c. 448; 1986, Sp. Sess., c. 13; 1990, cc. 1, 317; 1995, cc. 195, 223; 1999, cc. 636, 673; 2011, cc. 36, 152; 2013, cc. 762, 794; 2014, c. 805; 2015, cc. 374, 684.

§ 33.2-201. Appointment requirements; statewide interest.

Of the members appointed to the Board, one member shall be a resident of the territory now included in the Bristol highway construction district, one in the Salem highway construction district, one in the Lynchburg highway construction district, one in the Staunton highway construction district, one in the Culpeper highway construction district, one in the Fredericksburg highway construction district, one in the Richmond highway construction district, one in the Hampton Roads highway construction district, and one in the Northern Virginia highway construction district. The remaining five members shall be appointed from the Commonwealth at large, provided that at least two reside in urbanized areas with populations greater than 200,000 and are designated as urban at-large members and at least two reside outside urbanized areas with populations greater than 200,000 and are designated as rural at-large members. The at-large members shall be appointed to represent rural and urban transportation needs and to 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 appointed member of the Board shall be primarily mindful of the best interest of the Commonwealth at large instead of the interests of the highway construction district from which chosen or of the transportation interest represented.

No member of a governing body of a locality shall be eligible, during the term of office for which he was elected or appointed, to serve as an appointed member of the Board.

Code 1950, § 33-2; 1964, c. 265; 1970, c. 322, § 33.1-2; 1974, c. 462; 1982, c. 487; 1984, c. 748; 1986, Sp. Sess., c. 13; 2000, c. 49; 2014, c. 805; 2018, c. 828.

§ 33.2-202. Meetings.

The Board shall meet at least once every three months and at such other times, on the call of the chairman or of a majority of the members, as may be deemed necessary to transact such business as may properly be brought before it. Six members shall constitute a quorum of the Board for all purposes. For a transportation project valued in excess of $25 million that is located wholly within a single highway construction district, the Board shall hold at least one hearing in the highway construction district where such project being considered is located to discuss such project prior to a meeting at which a vote to program funds pursuant to § 33.2-214 for such project will be taken.

It shall be the duty of the Board to keep accurate minutes of all meetings of the Board, in which shall be set forth all acts and proceedings of the Board in carrying out the provisions of this title.

Code 1950, § 33-5; 1970, c. 322, § 33.1-6; 1974, c. 462; 2014, c. 805; 2016, c. 367.

§ 33.2-203. Salaries and expenses.

All salaries and expenses of the Board shall be paid from the state treasury out of the annual appropriation for the Board. Warrants for such salaries and expenses shall be issued by the Comptroller on certificates of the Commissioner of Highways to the parties entitled thereto and shall be paid by the State Treasurer out of the funds appropriated for that purpose.

Code 1950, § 33-10; 1970, c. 322, § 33.1-10; 1974, c. 462; 2014, c. 805.

§ 33.2-204. Offices.

The main office of the Board, the Department of Transportation, and the Department of Rail and Public Transportation shall be located in the City of Richmond. In the discretion of the Commissioner of Highways, other offices of the Department of Transportation may be established in the various highway construction districts of the Commonwealth as may be necessary to carry out the provisions of this title.

Code 1950, § 33-6; 1970, c. 322, § 33.1-7; 2013, cc. 585, 646; 2014, c. 805.

§ 33.2-205. Oaths and bonds of members.

Each member of the Board shall, before entering upon the discharge of his duties, take an oath that he will faithfully and honestly execute the duties of the office during his term, and each shall give a bond in such penalty as may be fixed by the Governor conditioned upon the faithful discharge of the duties of his office and the full and proper accounting for all public funds and property coming into his possession or under his control. The premium on such bonds shall be paid out of the state treasury out of the annual appropriation for the Board.

Code 1950, § 33-9; 1970, c. 322, § 33.1-9; 1974, c. 462; 2014, c. 805.

§ 33.2-206. How testimony of members of Commonwealth Transportation Board and Commissioner of Highways taken in civil proceedings.

No member of the Board or the Commissioner of Highways shall be required to leave his office for the purpose of testifying in any suit, action, or other civil proceeding involving any of his official duties, but the deposition of any member of the Board or the Commissioner of Highways may be taken at the main office of the Board in Richmond, after reasonable notice in writing has been given to the adverse party.

Any deposition taken pursuant to this section may be read in the pending suit, action, or other civil proceeding. However, on motion to the court, filed at least 10 days before the commencement of the trial, the judge may, for good cause shown, require any member of the Board or the Commissioner of Highways to attend and testify ore tenus.

Code 1950, § 33-3.1; 1966, c. 369; 1970, c. 322, § 33.1-4; 1974, c. 462; 1995, cc. 195, 223; 2014, c. 805.

§ 33.2-207. Bookkeeping system.

The chairman of the Board shall, with the aid and advice of the Auditor of Public Accounts, cause to be maintained a complete and modern system of bookkeeping for the Department, and the books to be kept by the Department shall show in detail all receipts and disbursements of the Department, the source of such receipts, and the purpose, amount, and recipient of all disbursements.

Code 1950, § 33-14; 1970, c. 322, § 33.1-14; 1974, c. 462; 2014, c. 805.