CHAPTER 336

An Act to amend and reenact § 29-209, as amended, of the Code of
Virginia, relating to the disposition of the dog fund. fH 1105]

Approved April 2, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 29-209, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 29-209. Disposition of dog fund.—After paying the fifteen per
centum on gross collections to the State Treasurer as otherwise provided,
the remaining amount in the dog fund of the county or city shall first be
used to pay for control of rabies, treatment of persons for rabies, adver-
tising notices, freight and express or postage, and if the remainder is
sufficient, all damages to livestock or poultry, and if the governing body
of the county so desires it may make therefrom an allowance to the game
warden for services, and all allowances and payments heretofore made by
the governing body of any county to game wardens and ex officio game
wardens for services are hereby validated. In the event the remainder is
not sufficient to pay such damages, the claims shall be filed and paid in the
order of presentation out of the first available money coming into the fund.

In the county of Orange, the governing body may employ, and pay
from the dog fund, a person or persons to investigate claims made for
payment under this section.

Should there not be a sum sufficient in the dog fund of the counties
of Augusta, Bedford, Rockbridge, Smyth, Prince William, Wythe, or Albe-
marle, respectively, to defray all costs in such county, including the pay-
ment of claims as provided in § 29-202, then the governing body of such
county may appropriate a sufficient amount from the general fund of such
county to provide payment of such costs and claims.

Any funds in excess of two hundred fifty dollars remaining in the
hands of the treasurer on December thirty-first may on that date be
transferred into the general fund of the county or city, or at the discre-
tion of the governing body of any county or city, any portion thereof
may be transferred into a special fund and used for the purpose of replen-
ishing or restocking quail or other game in such county or counties
adjoining such city; provided, that in the counties of Giles, Franklin,
Pittsylvania, Dinwiddie and Wythe and the city of Warwick, the entire
fund remaining in the hands of the treasurer on December thirty-first
shall be transferred by the governing body into a special fund and, subject
to the approval of the Commission, shall be used for the purpose of
replenishing, restocking and protecting quail or other game and game fish
in the county; provided, that in the county of Giles the governing body
shall transfer the entire fund remaining in the hands of the treasurer on
December thirty-first of each year into a special fund to be used for the
purpose of replenishing or restocking and protection of quail and other
game and game fish in the county, and in the county of Essex the govern-
ing body shall likewise transfer the sum of two hundred fifty dollars, as
above provided, for the same purpose of replenishing or restocking and
protection of quail and other game and game fish in the county; provided,
that in the county of Wythe and the city of Warwick the special fund or
any portion thereof not so expended at the expiration of two years from
the date of its transfer as such special fund shall revert to the general
fund of the county or city, respectively, and in the discretion of the gov-
erning body be apportioned as next herein provided.

In the discretion of the governing body of the respective counties, the
fund remaining in such county may be apportioned between the county
and any incorporated town or towns in such county in the proportion that
the amount of the license tax collected in the town or towns bears to the
total dog license tax in the county in which the town or towns are located,
to be used as the governing body of the town directs, except that in the
county of Essex no apportionment shall be made to the town of Tappa-
hannock and that in the county of Middlesex no apportionment shall be
made to the town of Urbanna.

Any funds heretofore set aside in the county of Grayson for the pur-
pose of replenishing, restocking and protecting quail or other game and
game fish in the county may, by order of the governing body of the county,
be transferred to the general fund of the county.

In the counties of Buchanan and Dickenson, the entire fund remain-
ing in the hands of the treasurer on December thirty-first shall be trans-
ferred by the governing body into a special fund and subject to the ap-
proval of the Commission of Game and Inland Fisheries shall be used for
the purpose of replenishing, restocking and protecting game birds and
game animals and game fish in the counties.

In the county of Montgomery, twenty-five per centum of the entire
fund remaining in the hands of the treasurer on December thirty-first shall
be transferred by the governing body into the general fund of the county,
and the remainder shall be transferred by the governing body into a
special fund and shall be used for the purpose of replenishing, restocking
and protecting game birds and game animals and game fish in such county
as the governing body shall see fit.