Chap. 414.—An ACT to create a fund for the relief of injured and disabled fire-
men; for the relief of the dependents of deceased firemen; to provide for the
appointment of trustees to administer said fund; to levy a tax upon the premiums
collected by all fire and lightning insurance companies doing business in this
State, for the purposes aforesaid; to provide for reports of such business; to
fix penalties for the violation of the requirements imposed upon the said busi-
ness; and for other purposes in connection therewith. [H B 215]

Approved March 31, 1932

Be it enacted by the general assembly of Virginia, as follows:

1. That every fire and lightning insurance company, corporation
or assocation, other than mutual or co-operative fire and lightning in-
surance companies, operating on the assessment plan, and not for profit.
doing business in any city, town, county or magisterial district in the
State of Virginia, which has or may hereafter have a regularly organ-
ized fire department under the control of the mayor, city council or
other governing body of the city, town, or county or magisterial district,
shall return to the commissioner of insurance and banking of the State
of Virginia, a just and true account of all premiums collected and re-
ceived from the fire and lightning insurance business done within the
limits of each of said cities, towns and counties during each calendar
year. Such returns to be made by the said companies, corporations or
associations, upon forms to be furnished by the commissioner of 1n-
surance and banking, within sixty days from and after the thirty-first
day of December of each year.

2. That every fire and lightning insurance company, corporation or
association as aforesaid, shall, in addition to such other taxes as may
be required by law to be paid by them, within ninety days from De-
cember thirty-first of each year, deliver and pay to the treasurer of
Virginia the sum of fifty cents out of and from every one hundred
dollars of premiums received by them during that year, on policies
covering property situated within the limits of any such city, town or
county. The amounts so paid by the said companies, corporations and
associations, shall constitute a fund to be designated as the firemen’s
relief fund, and used for disabled firemen, and for the relief of widows
and dependent children of deceased firemen as hereinafter provided
for, and the funds so acquired and accrued shall be used for no other
purpose, and shall be paid over to the trustees for such relief, to be
appointed for each city, town and county of the State, as hereinafter
set out, upon appropriation to be made from time to time by the gen-
eral assembly of Virginia, from funds accruing under the provisions
of this act; and the treasurer of Virginia shall make report to each
regular session of the general assembly, showing the amount of such
funds in his hands as of. the first day of January of the year in which
such session is held.

3. Every such company, corporation or association shall, at the
times hereinbefore specified, make accurate returns of all business
done, and premiums collected, both on fire and lightning insurance
covering property situated within the limits of each of such Cities,
towns and counties, respectively, wherein they shall do business, and
the commissioner of insurance and banking shall annually from such
returns prepare a tabulated statement showing separately the amount
which shall be paid by each such company on account of the fire and
lightning business transacted in each city, town, or county, and shall
certify the said statement to the auditor of public accounts and to the
treasurer of Virginia.

4. Every fire company now or hereafter organized in this State
under the provisions of chapter one hundred and twenty-five of the
Code of Virginia, if there be only one such company in any city, town,
or county; and their joint membership, if there be more than one such
company in any city, town or county; and if there be no such company
but be a paid fire department in any such city, town or county, then
the regularly paid members of such fire department in such city, town
or county, who shall constitute a body for that purpose, shall elect
annually during the month of January of each year, upon a date to be
fixed in the by-laws of such organization, and at a regular meeting
called after five days’ notice to all members, three trustees who shall be
qualified voters of the city, town, or county, and members of a fire
company or fire department in the city, town or county in which such
meeting is held, and said trustee shall receive and disburse, in their
judgment and discretion, within the territory served by their respective
organizations, the portion of the fund created by this act, and ap-
propriated to them, respectively, but for the sole purposes herein set
out. The said trustees shall not act until their appointment is ap-
proved and entered of record by the judge of the circuit court or tle
county, or the corporation court of the city, or if there be no corpora-
tion court, the circuit court having jurisdiction therein, where the said
company or department is organized. They shall be required to give
bond before the clerk of such court in form, and with surety approved
by him, in the sum of one thousand dollars, payable to the Common-
wealth, and conditioned for the faithful and proper management and
accounting of the said fund. They shall serve without compensation,
may be removed by the court which approved their appointment, for
misfeasance er nonfeasance shown upon the written complaint of any
citizen after five days’ notice, and any vacancy shall be filled by such
court upon the nomination of the fire company or department,

The said trustees shall file annual reports on or before the first day
of February of each year, with the clerks of the courts approving their
appointment, setting out their transactions, and receipts and expendt-
tures; for filing and certifying which said report, the said clerk shall
receive a fee of one dollar, and this, together with the premiums upon
the said bonds, if any, shall be paid from the funds under their control.
The appointment of the said trustees shall be certified at once by the
clerk of the said court to the commissioner of insurance and banking,
to whom the said trustee shall also send a copy of their annual reports
in duplicate, and if such trustees shall fail to file the said report, ac-
companied by proper vouchers, to be submitted to the said commis-
sioner of insurance and banking, and approved by him, no further
sums shall be appropriated and paid to them until such report is filed
and approved by the said commissioner of insurance and banking.

If no fire company, department or organization exists in any county,
town or city, then the trustees for the city, town or county having a fire
company or department serving such territory shall receive upon ap-
propriation, as aforesaid, and administer the sums which would other-
wise have been allotted to such territory.

5 The commissioner of insurance and banking shall have authority
to investigate any case in which he may have reason to believe that any
fraud, misrepresentation or mistake has been made in any of the re-
turns provided for in this act, and it shall be the duty of the com-
missioner of insurance and banking to have the said returns corrected
in accordance with the facts of the case.

6. If any such fire or lightning insurance companies, corporations
or associations shall fail to make payment into the treasury of the
Commonwealth at the times and in the manner specified in the preced-
ing sections of this act, the amount found due by such company may
be recovered by action in the circuit court of the city of Richmond
after ten days’ notice, on the motion of the said commissioner of in-
surance and banking, and in his name for the benefit of the said relief
fund; and any fire or lightning insurance company, corporation or as-
sociation aforesaid which shall knowingly or wilfully fail or neglect
to report or pay over any of the money due on premiums as aforesaid
at the time and in the manner specified in the preceding sections of this
act or shall be found upon examination to have made a false return on
business done by them, shall for each offense, be deemed guilty of a
misdemeanor.

7. The funds arising from the payments, hereinbefore required to
be made by such fire and lightning insurance companies, corporations
and associations shall, under such proper appropriation laws as the
general assembly of Virginia may, from time to time enact, be paid to
the trustees for the various cities, towns and counties, who shall have
full control of the funds derived from the provisions of this act, and
shall disburse the same for the following purposes: .

First.—For the relief of injured and disabled members of any fire

department of such city, town or county.
_ Second.—For the relief for those actually dependent upon the serv-
ices of any fireman who has lost his life in the fire service of city, town,
or county, and for the payment of necessary funeral expenses of any
member of such fire department.

8. If any provisions of this act be declared unconstitutional by any
court, then such provision shall be stricken from this act, and the re-

maining provisions shall, independently and notwithstanding, be of full
force and effect,