HOUSE BILL NO. 1070 Offered January 11, 2006 Prefiled January 11, 2006 A BILL to amend and reenact § 15.2-4518 of the Code of Virginia, relating to Transportation District Act of 1964; local taxation. ---------- Patron-- Hall ---------- Referred to Committee on Counties, Cities and Towns ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 15.2-4518 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-4518. Additional powers; local taxation.

A. Without limiting or restricting the general powers created by this chapter, the commission may:

1. Adopt and have a common seal and alter the seal at pleasure;

2. Sue and be sued;

3. Make regulations for the conduct of its business;

4. Make and enter into all contracts or agreements, as the commission may determine, which are necessary or incidental to the performance of its duties and to the execution of the powers granted under this chapter;

5. Apply for and accept loans and grants of money or materials or property at any time from the United States of America or the Commonwealth or any agency or instrumentality thereof, for itself or as an agent on behalf of the component governments or any one or more of them; and in connection therewith, purchase or lease as lessor or lessee, any transit facilities required under the terms of any such grant made to enable the commission to exercise its powers under § 15.2-4515 B 5;

6. In the name of the commission, and on its behalf, acquire, hold and dispose of its contract or other revenues;

7. Exercise any power usually possessed by private corporations, including the right to expend, solely from funds provided under this chapter, such funds as may be considered by the commission to be advisable or necessary in the performance of its duties and functions;

8. Employ engineers, attorneys, other professional experts and consultants, and general and clerical employees deemed necessary, and prescribe their powers and duties and fix their compensation;

9. Do anything authorized by this chapter under, through or by its own officers, agents and employees, or by contracts with any persons;

10. Execute instruments and do anything necessary, convenient or desirable for the purposes of the commission or to carry out the powers expressly given in this chapter;

11. Institute and prosecute any eminent domain proceedings to acquire any property authorized to be acquired under this title in accordance with the provisions of Chapter 2 (§ 25.1-200 et seq.) of Title 25.1, and subject to the approval of the State Corporation Commission pursuant to § 25.1-102;

12. Invest in if required as a condition to obtaining insurance, participate in, or purchase insurance provided by, foreign insurance companies that insure railroad operations, provided this power is available only to those commissions that provide rail services;

13. Notwithstanding the provisions of § 8.01-195.3, contract to indemnify, and to obtain liability insurance to cover such indemnity, any person who is liable, or who may be subjected to liability, regardless of the character of the liability, as a result of the exercise by a commission of any of the powers conferred by this chapter. No obligation of a commission to indemnify any such person shall exceed the combined maximum limits of all liability policies, as defined in § 15.2-4526 C, maintained by the commission; and

14. Notwithstanding any other provision of law to the contrary, regulate traffic signals and other vehicle control devices within its jurisdiction, through the use of computers and other electronic communication and control devices, so as to effect the orderly flow of traffic and to improve transportation services within its jurisdiction; however, an agreement concerning the operation of traffic control devices acceptable to all parties shall be entered into between the commission and the Virginia Department of Transportation, and all the counties and cities within the transportation district prior to the commencement of such regulation.

B. The governing bodies comprising the transportation district may agree to impose a local tax to be used exclusively by the district in order to accomplish its purposes. Prior to becoming effective, the tax shall be approved by two successive governing bodies of each locality, with an intervening election occurring between the votes of the governing bodies. The tax need not be approved by voter referendum.