Chap. 379.—An ACT to provide for. financial aid and assistance to and. for
certain needy persons in need of public aid or assistance; to that end, to
provide for the administration of the provisions of this act, and for‘ the

- appointment, suspension, removal, compensation, .costs, expenses, powers and
duties of the officers, agents and employees, charged with the administration
of the provisions of this act; to provide for State and local welfare adminis-
trative agencies; to impose certain duties upon the governing bodies of
counties and cities; to appropriate money for, and in aid of, the purposes

- of this act; to impose penalties for violations. of this act; and to,.repeal all

acts and parts of acts inconsistent with the provisions of this act. [S:B 87]

Approved March 31, 1938

1. Be it enacted by the General Assembly of Virginia, as follows:
TITLE 1—DEFINITIONS

Section 1. Definitions——The following terms, whenever used or
ferred to in this act, shall have the following meaning unless a
ifferent meaning clearly appears from the context : |

(a) “Applicant” means a person who applies for public assistance,
-.for whom assistance is applied for, under this act, except that in
tle three of this act it means a person who applies for old age assis-
ince, and in title five of this act it means a blind person who applies
5r aid to the blind or for whom aid to the blind is applied for, under
us act; |

(b) “Aid” in title four of this act means aid to dependent chil-
ren; “aid” in title five of this act means aid to the blind;

(c) “Aid to dependent children” means money payments -with
espect to a dependent child or dependent children ; , Pm

(d) “Aid to the blind” means money payments to blind indi-
iduals ;

(e) “Assistance” means old age assistance ;

({) . “Blind person” means an individual who has, with correcting
lasses, twenty/two hundredths (20/200) vision or less in the better
ye, |
- (g) “Commission” means the Virginia Commission for the Blind;
(h) “Commissioner” means the State Commissioner of Public

Nelfare ;

(i) ‘Dependent child” means a child under the age of sixteen whc
as been deprived of parental support or care by reason of the death.
ontinued absence from the home, or physical or mental incapacity
yf a parent, and who is living with his father, mother, grandfather
rrandmother, brother, sister, stepfather, stepmother, stepbrother, step-
ister, uncle, or aunt, in a place of residence maintained by one ot
nore of stich relatives as his or their own home;

(j) “Federal Social Security Board” means the Social Security
Board created under Title VII of the Federal Social Security Act
nacted by the Congress of the United States and approved Augus'
fourteenth, nineteen hundred and thirty-five, and any department 01
agency which may hereafter be designated or created as the successo
of the said board; ar

(k) “General relief’ money payments and other forms of relie
provided for in title six of this act; 7

(1) “Local Board” means the local board of public welfare it
each county and each city of the second class, and the officer in charg
of the department or division of public welfare in a city of the firs
class, as provided in section six of this act;

(m) “Local superintendent” means the local superintendent o
public welfare provided for in section eight of this act; :

(nn) “Old age assistance” means the money payments to need
persons sixty-five years of age or older, as provided for in title thre
of this act; | }

(0) “Person” means an individual ; ,

(p) “Public assistance” means and includes assistance, old age
assistance, aid, aid to dependent children, and aid to the blind ;

(q) “Recipient” means any person who receives public assistance
under this act, except that in title three it means any person who re.
ceives old age assistance, and in title five it means any person whc
receives aid to the blind; ,

(r) “Secretary” means the executive secretary of the Virginia
Commission for the Blind; |

(s) “State board” means the State Board of Public Welfare:

(t) Words denoting the masculine gender also include the femi-
nine. | } :

TITLE 2—STATE AND LOCAL.WELFARE
ORGANIZATION

Section 2. Continuance of State Board of Public Welfare and
Commissioner of Public Welfare; Appointment of State Board; Com-
pensation.—(a) Except as hereinafter otherwise provided’ in this
act, all existing provisions of law in relation to the State Board of
Public Welfare and the Commissioner of Public Welfare shall con-
tinue in force. : , ,

(b) Hereafter the State Board of Public Welfare, hereinafter
sometimes called the “State board’, shall consist of five members,
appointed by the Governor, subject to confirmation by the General
Assembly if in session when such appointment is made, and if not
n session, then at its next succeeding session. The members of the
said State board first appointed under the provisions of this act shall
9€ appointed one for a term of one year, one for a term of two years,
ne for a term of three years, one for a term of four years, and one
or a term of five years. Subsequent appointments shall be for a
erm of four years each, except appointments to fill vacancies, which
hall be for the unexpired terms. Members of the State board may be

uspended or removed by the Governor at his pleasure.
(c) The Governor shall designate one of the members of the State
board as chairman until June thirtieth, nineteen hundred and forty ;
thereafter the State board shall select its chairman from the member-
ship of the State board. The State board under rules adopted by it-
self may elect one of its members as vice-chairman, and shall elect the
Commissioner of Public Welfare or one of its members as secretary.

(d) The commissioner shall devote his full time to the perform-
ance of his official duties and shall receive such compensation as shall
be appropriated by law for such purpose. The members of the State
board shall receive no salaries, but shall be paid their necessary travel-
ing and other expenses incurred in attendance upon meetings, or while
otherwise engaged in the discharge of their duties, and the sum of ten
dollars a day for each day or portion thereof in which they are en-
gaged in the performance of their duties; but no such member shall re-
ceive in excess of one thousand dollars and actual expenses in any one
year.

(e) Before entering upon the discharge of his duties, each mem-
ber of the State board shall take an oath that he will faithfully and
honestly execute the duties of his office during his continuance therein.
The commissioner and each member of the State board shall give
bond, with corporate surety, in such penalty as may be fixed by the
Governor, conditioned upon the faithful discharge of his duties; the
premiums on such bonds shall be paid as other expenses of the State
board are paid.

({) The State board shall meet at least once every month, and
on call of the chairman, when in his opinion additional meetings are
expedient or necessary. Three members of the State board shall con-
stitute a quorum of the State board for all purposes.

(g) The main office of the State board shall be in the city of
Richmond.

(h) The terms of all members of the State Board of Public Wel-
fare in office on the day immediately preceding the effective date of
this act shall expire at the same time that this act takes effect.

Section 3. Agents and employees of State Board and of Com-
missioner.—The commissioner may engage or authorize the engage-
ment of such agents and employees as may be needed by the State
board and the commissioner in the exercise of the functions, duties
and powers conferred and imposed by law upon the State board and
the commissioner, and in order to effect a proper organization and
to carry on the business of the State board and of the commissioner ;
the functions, duties, powers and titles of such agents and employees,
and their salaries and remuneration, not in excess of the amount pro-
vided therefor by law, shall be fixed by the commissioner, under rules
and regulations adopted by the State board. All such agents and em-
ployees shall be removable by the commissioner. All salaries or re-
‘muneration in excess of twelve hundred dollars per annum shall first
be approved by the Governor. Proper bonds shall be required of al
agents and employees who shall handle any funds which may come
into custody of either the State board or the commissioner; the pre-
miums on the said bonds shall be paid from funds appropriated by
the State for the administration of the provisions of this act.

Section 4. Functions, Duties and Powers of State Board.—In
addition to the functions, duties and powers conferred and imposed
upon the State board by other provisions of law, the State board shall,
except as otherwise provided in title five of this act with reference
to aid to the blind and the Virginia Commission for the blind

(a) Supervise the administration of this act;

(b) Make such rules and regulations, not in conflict with this
act, as may be necessary or desirable to carry out the true purpose
and intent of this act and to provide for the proper supervision and
administration of this act; such rules and regulations shall be bind-
ing on all officers, agents and employees, State and local, engaged in
the administration of the provisions of this act;

(c) Establish minimum standards of service and personnel based
upon training, experience and general ability for the personnel em-
ployed by the commissioner, local boards and local superintendents in
the administration of this act and make necessary rules and regulations
to maintain such standards;

(d) Cooperate with local boards in administering the provisions
of this act;

(e) Cooperate with the Federal Social Security Board, and other
agencies of the United States, in any reasonable manner that may be
necessary for this State to qualify for and to receive grants or aid
from the Federal Social Security Board, the United States, and other
agencies thereof for old age assistance in conformity with the pro-
visions of this act, including the making of such reports in such form
and containing such information as the Federal Social Security Board,
or such other agencies of the United States, may from time to time
require, and to comply with such provisions as the Federal Social
Security Board, and other agencies of the United States, may from
time to time find necessary to assure the correctness and verification
of such reports;

(f) Submit to the Governor and publish an annual report, not
later than four months after the close of each fiscal year, showing
for such year the total amount of money paid or distributed here-
under, the total number of persons who received old age assistance,
aid to dependent children, and general relief, and such other infor-
mation as the State board may deem advisable to show the operations
of the State board, the commissioner and the local boards under the
provisions of this act; and,

(g) Generally do all such other things, not in conflict with the
provisions of this act, as may be deemed necessary or advisable by
the State board for the purpose of carrying into effect the provisions
of this act.

(h) The State board is also authorized to receive, for and on
behalf of the State and its subdivisions, from the United States and
agencies thereof, and from any and all other sources, grants-in-aid
and gifts, made for the purpose of providing, or to assist in providing,
for old age assistance, aid to dependent children, and general relief,
or any of them, including expenses of administration; all such funds
shall be paid into the State treasury.

Section 5. Functions, Duties and Powers of Commissioner.—In
addition to the functions, duties and powers conferred and imposed
upon the commissioner by other provisions of law, the commissioner
shall, subject to the rules and regulations of the State board, and ex-
cept as otherwise provided in title five of this act, with reference to
aid to the blind and the Virginia Commission for the Blind,

(a) Be the chief executive officer of the State board;

(b) See that the provisions of this act are properly administered ;

(c) Assist and cooperate with local authorities in the administra-
tion of this act;

(d) Prescribe the form of applications, reports, affidavits and
such other forms as shall be required in the administration of this
act 5

(e) Require of local boards such reports relating to the adminis-
tration of this act, as the commissioner may deem necessary to enable
the State board and the commissioner to exercise and perform the func-
tions, duties and powers conferred and imposed by this act;

(f{) Have access at all times to the records of the local boards
relating to the appropriation, expenditure and distribution of funds
for, and other matters concerning, assistance under this act;

(g) Enforce the standards established by the State board for
personnel employed in the administration of this act and remove or
cause to be removed each employee who does not meet such standards;

(h) Cooperate with the Federal Social Security Board and other
agencies of the United States in relation to matters set forth in this
act ; . .

(1) Perform such duties and exercise such powers as shall be
required by the State board.

Section 6. Continuance of Local Boards of Public Welfare in
Counties and Cities of Second Class; Appointment; Expenses; Off-
cers in Charge of Departments or Divisions of Public Welfare in Cities
of First Class——(a) Except as hereinafter otherwise provided in this
act, all existing provisions of law in relation to boards of public wel-
fare of counties and of cities of the second class, and in relation to
the officers in charge of the departments or divisions of public welfare
in cities of the first class, which boards and officers are referred to
in this act as “local boards”, shall continue in force.

(b) There shall be a local board in each county and city of
the State. The officer in charge of the department or division of
public welfare of each city of the first class shall be the local board
of such city.
(c) The local board in each county shall consist of. three. mem-
bers, residents of the said county, appointed by the Judge of the cir-
cuit court of such county; the local board in each city of the second
class shall consist of three members, residents of the said city, ap-
pointed by the judge of the corporation court of such city, or if there
be no such court, then by the judge of the circuit court having juris-
diction within such city. In the discretion of the judge making the
appointment, one member of the local board of any county may be
a member of the board of supervisors or other governing body of such
county, and one member of the local board of any city of the second
class may be a member of the council or other governing body of
such city. The members of each such local board first appointed under
the provisions of this act shall be appointed one for a term of one
year, one for a term of two years, and one for a term of three years;
subsequent appointments shall be for a term of two years each,
except appointments to fill vacancies, which shall be for the unex-
pired terms. Members of any such local boards may be suspended or
removed for cause by the State board or by the judge or other officer,
board or body authorized to appoint the members of the said local
board.

(d) Two members of the local board of a county or city of the
second class shall constitute a quorum.

(e) Each member of the local board of a county or of a city of
the second class, shall be paid his necessary traveling and other expenses
incurred in attendance upon meetings and while otherwise engaged in
the discharge of his duties as such member. In addition to such ex-
penses, the board of supervisors or other governing body of each
county and the council or other governing body of each city of the
second class may, out of the general fund of such county or city, pay
to each member of the local board of such county or city, as com-
pensation for his services as such member, not in excess of one hun-
dred dollars per year; but no such county or city shall be reimbursed
out of either State or Federal funds for any part of such compensation
so paid.

(f{) Notwithstanding the foregoing provisions of this section, in
any county which has adopted, or shall hereafter adopt, the county
executive form of organization and government, and in any county
which has adopted, or shall hereafter adopt, the county manager form
of organization and government provided for in sections twenty-seven
hundred and seventy-three-a to twenty-seven hundred and seventy-
three-n, both inclusive, of the Code of Virginia, and in any county
in which the clerk of the board of supervisors is some person other
than the county clerk and in which county such clerk of the board
of supervisors acts as executive manager of the county under appoint-
ment by said board by virtue of the provisions of section twenty-seven
hundred and seventy-a of the Code of Virginia, the local board shall,
while such form of organization and government remains in effect
in such county, be appointed by the board of county supervisors, board
of supervisors or other governing body of such county, and the said
board of county supervisors, board of supervisors or other governing
body may fix within the limits hereinabove set forth, the compensation
of such local board, and in any county which has adopted, or shall
hereafter adopt, the county manager form of organization and govern-
ment provided for in sections twenty-seven hundred and _ seventy-
three-n one to twenty-seven hundred and seventy-three-n fifty-six,
both inclusive, of the Code of Virginia, the local board shall, while
such form of organization and government remains in effect in such
county, be appointed by the county manager, who may fix, within the
limits above set forth, the compensation of the members of such
board.

(g) The terms of all members of local boards of counties and
of cities of the second class in office on the day immediately preceding
the effective date of this act shall expire at the same time that this
act takes effect.

Section 7. Function, Duties and Powers of Local Boards.—In
addition to the functions, duties and powers conferred and imposed
upon local boards by other provisions of law, such local boards shall,
subject to the rules and regulations of the State board,

(a) Administer the provisions of this act in their respective coun-
ties and cities ;

(b) Furnish to the commissioner, and the secretary, respectively,
such reports relating to the administration of this act as the commis-
sioner, and the secretary, respectively, may require;

(c) Allow the commissioner, and the secretary, and duly author-
ized agents and employees: of each, at all times to have access to the
records of the local boards relating to the appropriation, expenditure
and distribution of funds for, and other matters concerning, assistance
under this act ;

(d) Submit quarterly and annually to the boards of supervisors,
councils and other governing bodies of their respective counties and
cities a budget, approved by the commissioner, containing an estimate
and supporting data setting forth the amount of money needed to
carry out the provisions of this act;

(e) Cooperate with the State board, the commissioner, the Vir-
ginia Commission for the Blind, and the secretary, in the administra-
tion of this act.

Section 8. Local Superintendent; Local Employees—(a) Sub-
ject to the personnel standards and rules and regulations of the State
board the local board in each county and city shall appoint a super-
intendent of public welfare, referred to in this act as a “local super-
intendent” and shall either employ, or authorize the local superin-
tendent to employ, such other employees as may be required in the
administration of this act in such county or city. The local super-
intendent shall be appointed from a list of eligibles furnished by the
commissioner and in any county in which the clerk of the board of
supervisors is some. person other than the county clerk and in which
county such clerk of .the board of supervisors acts as executive mana-
ger of the county under appointment by said board by virtue of the
provisions of section twenty-seven hundred and seventy-a of the Code
of Virginia, the executive manager may, if approved by the com-
missioner, be appointed or designated as local superintendent.

(b) The local superintendent shall serve at the pleasure of the
local board; the other employees shall serve at the pleasure of the local
board, or if employed by the local superintendent shall serve at the
pleasure of the local superintendent. ,

(c) <Any local superintendent and any such employee who does
not meet the personnel standards established by the State board may
be removed by the commissioner.

(d) The local superintendent shall be paid such compensation by
his county or city as shall be fixed by the local board thereof. Other
persons, employed hereunder by the local board or local superintendent
of any county or city shall be paid such compensation by such county
or city as shall be fixed by the local board, or local superintendent,
as the case may be, by whom they are appointed.

(e) Except as otherwise provided in this act, all existing pro-
visions of law in relation to superintendents of public welfare of coun-
ties and of cities of the second class shall continue in force.

(f{) If in any city of the first class the designation of the local
superintendent as “superintendent of public welfare” conflicts with
the title of any other officer therein, the official title of such local su-
perintendent shall be fixed by the local board, subject to approval
of the commissioner, so as to distinguish the local superintendent
from such other officer or officers.

(g¢) The terms of all superintendents of public welfare of coun-
ties and of cities of the second class in office on the day immediately
preceding the effective date of this act shall expire at the same time
that this act takes effect.

(h) Notwithstanding the foregoing provisions of this section, ex-
cept those provisions relating to personnel standards and rules and
regulations of the State board, in any county which has adopted, or
shall hereafter adopt, the county executive form of organization and
government, and in any county in which the clerk of the board of
supervisors 1s some person other than the county clerk and in which
county such clerk of the board of supervisors acts as executive man-
ager of the county under appointment by said board by virtue of the
provisions of section twenty-seven hundred and seventy-a of the Code
of Virginia, the board of county supervisors or board of supervisors,
shall, while such form of organization and government remains in
effect in such county, appoint the local superintendent, to serve at
the pleasure of the board of county supervisors, or board of super-
visors, and fix his compensation, and employ such other employees
to serve at the pleasure of the board of county supervisors, or board
of supervisors, as may be required in the administration of this act
in such county, and fix their compensation ; the board of county super-
visors or board of supervisors, may, however, authorize the local board
to exercise all such powers, or authorize the local board to exercise
such powers in so far as they relate to the local superintendent and
the local superintendent to exercise such powers in so far as they
relate to the employees required in the administration of this act in
such county.

Section 9. Power to Administer Oaths, Conduct Examinations,
Ft Cetera—The State board and local boards in the exercise and
performance of their functions, duties and powers under the pro-
visions of this act are authorized to hold and conduct hearings, issue
subpoenas requiring the attendance of witnesses and the production
of records, memoranda, papers and other documents, to administer
oaths and to take testimony thereunder.

TITLE 3—OLD AGE ASSISTANCE

Section 10. Eligibility for Assistance——An aged person shall be
eligible for assistance if he

(a) Has attained the age of sixty-five years;

(b) Has resided in this State for at least five years within the
nine years immediately preceding the date of application for such as-
sistance, and continuously for one year immediately preceding such
application ;

(c) Is needy and is in need of public assistance;

(d) Is not an inmate of or being maintained by any county,
municipal, State, or National institution at the time of receiving such
assistance; such an inmate may however make application for old age
assistance, but such assistance, if granted, shall not begin until after
he ceases to be such inmate;

(e) Has not made an assignment or transfer of property so as
to render himself eligible for old age assistance under this act at any
time within five years immediately prior to the filing of the application
for such assistance.

Section 11. Applications——Application for assistance under this
act shall be made to the local board, and filed with the local superin-
tendent, of the county or city in which the applicant resides. The
application shall be in writing on forms prescribed by the commissioner
and shall be signed by the applicant. Such application shall contain
a statement of the amount of property, real and personal, in which the
applicant has an interest, and of all income which he may have at the
time of filing the application, and’ such other information as the com-
missioner may require. The State board may by rule or regulatior
require the local boards to have all such applications made in dupli-
cate and to transmit such duplicate copies to the commissioner.

Section 12. Procedure Upon Receipt of Application—Upon re
ceipt of the application for assistance, the local board shall require
the local superintendent to make a prompt investigation and record of
the circumstances of the applicant to determine the completeness and
correctness of the statements contained in the application, and to as-
certain the facts supporting the application, and such other informa-
tion as it may deem proper or which may be required by the commis-
sioner. Upon completion of his investigation the local superintendent
shall submit his findings and recommendations in writing to the local
board.

Section 13. Decision of Local Board—(a) Upon completion of
the investigation, the local board shall determine whether the applicant
is eligible for assistance under the provisions of this act, and, if eli-
gible, the amount of such assistance and the date upon which such
assistance shall begin. If the local board approves the payment of as-
sistance, such assistance shall thereupon, until changed, modified or
revoked, be paid as hereinafter provided.

(b) The amount of assistance which any person shall receive shall
be determined with due regard to the property and income of the
person and any support which he may or should receive from other
sources, including assistance from persons legally responsible for his
support, the necessary expenditures of the individual and the conditions
existing in each case, and in accordance with rules and regulations
made by the State board and shall be sufficient, when added to all
other income and support of the recipient, to provide such person
with a reasonable subsistence; but in no case shall such assistance be
an amount which, when added to the income of the recipient from all
other sources, shall exceed a total of twenty dollars per month.

(c) If the local board finds that the applicant is not entitled to
assistance under this act it shall deny the application.

(d) As soon as the local board makes its decision, it shall notify,
in writing, the applicant thereof.

(e) The local board shall preserve, for such length of time as
the State board may prescribe, a record of the decision of the local
board and all supporting documents and records, including the findings
and recommendations. of the local superintendent. The State board
may by rule or regulation require that the local board transmit to
the commissioner, immediately upon its decision in any case, a record
of the decision and a duplicate or copy of all such supporting docu-
ments and records, including the findings and recommendations of the
local superintendent.

Section 14. Limitations as to Assistance and Pensions Which One
May Receive-—(a) Except as otherwise provided in this section,
no person receiving assistance under the provisions of this act shall
at the same time receive any other public assistance, general relief, or
relief from the State or from any instrumentality or political sub-
division of the State, except for temporary medical or surgical as-
sistance.
(b) Any person eligible for a pension under the provisions of
chapter four hundred and sixty-five of the Acts of the General As-
sembly of nineteen hundred and twenty-eight, as amended, shall, in
addition to any assistance which he is entitled to receive and does re-
ceive under the provisions of this act, be entitled to receive as a pen-
sion, the difference between the amount received as assistance and the
larger amount, if any, he would be entitled to receive as a pensioner
if he were not receiving assistance hereunder.

Section 15. Payment of Assistance-——Assistance shall be paid
monthly, or at such other time or times as the rules and regulations of
the State board may provide, to the applicant by the treasurer or
other disbursing officer of the county or city, upon order of the local
board of such county or city, from funds appropriated or made avail-
able for such purpose by the board of supervisors, council or other
governing body of such county or city.

Section 16. Reconsideration and Changes in Amount of Assist-
ance.—(a) All assistance grants made under this act shall be re-
considered by the local board as frequently as may be required by the
rules and regulations of the State board and at such other times as
the local board shall deem proper. After such further investigation
as the local board may deem necessary, or the State board may re-
quire, the amount of assistance may be changed, or assistance may be
entirely withdrawn if the local board finds that the recipient’s circum-
stances have altered sufficiently to warrant such action.

(b) The local board may at any time cancel and revoke assis-
tance for cause, and it may for cause suspend assistance for such
period as it may deem proper.

(c) Whenever assistance is thus withdrawn, revoked, suspended
or in any way changed, the local board shall at once notify the appli-
cant or recipient involved and shall, if required by rule or regulation
of the State board, report to the commissioner the decision of the
local board and a record of its investigation.

(d) All such changes shall be subject to appeal to and review by
the State board as provided in section twenty-three of this act.

Section 19. Change in Condition of Recipient—If at any time
during the continuance of assistance a recipient shall become possessed
of any property or income in excess of the amount stated in the appli-
cation for such assistance, it shall be the duty of such recipient to
notify immediately the local board of the receipt or possession of such
property or income, and thereupon the local board may either cancel
the assistance, or alter the amount thereof. Any excess assistance
previously paid may be recovered as a debt, and recourse may also
be had to any property of the recipient assigned as security under an
agreement to reimburse the local board for assistance given him.

Section 20. Recovery From Estate of Recipient—-On the death
of any recipient of assistance, the total amount paid as such assistance
under this act shall be allowed as a claim against the estate of such
recipient, prior to all other claims except prior liens and except funera
expenses not in excess of one hundred dollars, and except hospital bills,
doctors’ bills and medical expenses not in excess of one hundred and
fifty dollars.

But no such claim shall be enforced against any real estate of
the estate of the recipient while such real estate is occupied by the
surviving spouse of the recipient so long as such spouse remains
unmarried, or is occupied by any dependent infant child or children
of the recipient.

Section 21. Distribution of Amounts Received from the Aged and
Their Estates——-The local board shall pay into the treasury of its
county or city all amounts received from any recipient of assistance or
from his estate. The net amount so received shall be prorated be-
tween the said county or city, the State and the United States in the
same proportion that the respective governments shall have contri-
buted towards the payment of assistance in such county or city during
the period represented by such recovery. When such net amount is
prorated, the portions so set aside for the State and the United States
shall be paid into the State treasury; from the amount so paid into the
State treasury there shall be promptly paid to the United States, so
long as such payment shall be required as a condition for. financial
participation by the United States in the plan for old age assistance
provided for by this act, one-half of the net amount so collected
by the local board.

Section 22. Change of residence—Any recipient of assistance
who moves from one county or city in this State into another county
or city therein, shall thereafter be treated as if the grant of assistance
had been made by the county or city into which he moves, and the
local board of the county or city from which he moves shall transfer
all necessary records relating to the recipient to the local board of the
county or city into which such recipient moves.

Section 23. Appeals; Reviews.—(a) Every individual whose
claim for assistance is denied shall be granted an opportunity for a
fair hearing before the State board. To this end any applicant or
recipient aggrieved by any decision granting, changing, suspending or
refusing or by failure to make a decision within a reasonable time
under the provisions of this act, may, within thirty days after re-
celving notice in writing of such decision appeal therefrom to, or ask
for a review of the same by, the State Board in such manner and
form as the State board may prescribe.

(b) The State board shall set a date for the hearing of the ap-
peal or review, reasonable notice of which shall be given in writing
o the applicant or recipient and to the proper local board. The State
board shall if it deems proper make or cause to be made an investiga-
ion of the facts. The State board shall give fair and impartial con-
sideration to the evidence produced at the hearing which may consist
of testimony of witnesses, reports of investigations of the local board
and local superintendent or of investigations made or caused to be
made by the State board, or any other facts which the State board
may deem proper to enable it to decide fairly the appeal or review.

(c) The State board may also, upon its own motion, review any
decision of a local board, and may consider any application for as-
sistance upon which a decision is not made by the local board within a
reasonable time.

(d) Subject to the foregoing provisions of this section, the de-
cision of the State board shall be final and binding, and in addition
shall be treated as the decision of the local board concerned, and shall
not be subject to further review or appeal, except that the State
board may at any time thereafter reopen and review the matter in-
volved.

Section 24. Right to Require Support of Applicants and Recipi-
ents.—The local board may proceed in the manner provided by law
against any person who is legally liable for the support of an appli-
cant or recipient of assistance to require such person, if of sufficient
financial ability, to support the applicant or recipient.

Section 25. Administration and Payment of Assistance in Coun-
ties and Cities Which Fail or Refuse to Provide for the Same; De-
duction and Transfer of Funds—(a) If any county or city, through
its appropriate authorities or officers, shall fail or refuse to provide
for the payment of assistance in such county or city in accordance with
the provisions of this act, the State board shall through appropriate
proceedings require such authorities and officers to exercise the powers
conferred and perform the duties imposed by this act.

(b) For so long as such failure or refusal shall continue the
State board shall authorize and direct the Commissioner, under rules
and regulations of the State board, to provide for the payment of
assistance in such county or city out of funds appropriated for the
purpose of carrying out the provisions of this act; in such event the
Commissioner shall at the end of each month file with the State Comp-
troller and with the board of supervisors, council or other governing
body of such county or city a statement showing all disbursements and
expenditures made for and on behalf of such county or city, and the
said Comptroller shall from time to time as such funds become avail-
able deduct from funds appropriated by the State, in excess of re-
quirements of the Constitution of Virginia for distribution to such
county or city such amount or amounts as shall be required to reim-
burse the State for expenditures incurred under the provisions of
this section: all such funds so deducted and transferred are hereby
appropriated for the purposes set forth in subsection (a) of section
sixty-nine of this act and shall be expended and disbursed as provided
in section sixty-nine of this act.

Section 26. Penalties—(a) Whoever obtains, or attempts to ob-
tain, or aids or abets any person to obtain by means of a wilfully false
statement or representation, or. by impersonation, or other fraudulent
device,
(1) Assistance to which he is not entitled, or
(2) Assistance greater than that to which he is justly entitled, or

(3) Payment of any forfeited installment grant,
shall be guilty of a misdemeanor, and upon conviction, shall be pun-
ished accordingly. — .

(b) Whoever knowingly aids or abets in buying or in any way
disposing of the property of a recipient of assistance, without the con-
sent of either the local board or the commissioner, shall be guilty of
a misdemeanor, and upon conviction, shall be punished accordingly.

(c) -If any person shall fail or refuse to obey any subpoena is-
sued under the provisions of section nine of this act, or shall charge
or receive any fee contrary to the provisions of section sixty-two of
this act, he shall be guilty of a misdemeanor and upon conviction shall
be punished accordingly.

TITLE 4—AID TO DEPENDENT CHILDREN

Section 27. Eligibility for Aid to Dependent Children—A de-
pendent child shall be eligible for aid to dependent children if such child

(a) Has not attained the age of sixteen years;

(b) Has resided in this State for one year immediately pre-
ceding the application for aid to dependent children, or was born
within this State within one year immediately preceding such appli-
cation if its mother resided in this State for one year immediately pre-
ceding such birth;

(c) Is deprived of parental support or care by reason of the death,
continued absence from home, or physical or mental incapacity of a
parent ; -

(d) Is living with his father, mother, grandfather, grandmother,
brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle or
aunt ina place of residence maintained by one or more of such relatives
as his or their own home; and

(e) Is needy and in need of public assistance.

Section 28. Applications—Application for aid to a dependent
child under this act shall be made to the local board, and filed with
the local superintendent, of the county or city in which the depend-
ent child resides. The application shall be in writing on forms
prescribed by the commissioner, and shall be signed by the person
having custody of the dependent child. Such application shall con-
tain such information as the commissioner may require. The State
board may by rule or regulation require the local boards to have ail
such applications made in duplicate and to transmit such duplicate
copies to the commissioner. One application may be made for several
dependent children ot the same family if er reside with the same
person.

Section 29. Procedure Upon. Receipt of Applications. —Upon re-
ceipt of the application, for aid to dependent children, the local board
shall require the local superintendent to make a prompt investigation
and record of the circumstances to determine the completeness and
correctness of the statements contained in the application, and to as-
certain the facts supporting the application, and such other information
as it may deem proper or which may be required by the commissioner.
Upon completion of his investigation the local superintendent shall
submit his findings and recommendations in writing to the local board.

Section 30. Decision of local board.—(a) Upon completion of
the investigation, the local board shall determine whether the child is
eligible for aid under the provisions of this act, and, if eligible, the
amount of such aid and the date upon which such aid shall begin.
If the local board approves the payment of aid, such aid shall there-
upon, until changed, modified or revoked, be paid as hereinafter pro-
vided. :

(b) The amount of aid which any dependent child shall receive
shall be determined with due regard to the property and income of
such child and any support which he may or should receive from other
sources, including assistance from persons legally responsible for his
support, the necessary expenditures of or for such child and the con-
ditions existing in each case, and in accordance with rules and regu-
lations made by the State board and shall be sufficient, when added to
all other income and support of such child, to provide such child with
a reasonable subsistence; but in no case shall such aid be an amount
which shall exceed eighteen dollars for any month if there be only
one dependent child in the same home, or if there is more than one
dependent child in the same home, shall exceed eighteen dollars for
any month with respect to one such dependent child and twelve dol-
lars for such month with respect to each of the other dependent chil-
dren.

(c) If the local board finds that the child is not entitled to
aid under this act it shall deny the application.

(d) As soon as the local board makes its decision, it shall notify
in writing the person having custody of the child of its decision in
the matter.

(e) The local board shall preserve, for such length of time as
the State board may prescribe, a record of the decision of the local
board and all supporting documents and records, including the find-
ings and recommendations of the local superintendent. The State
board may by rule or regulation require that the local board transmit
to the commissioner, immediately upon its decision in any case, a
record of the decision and a duplicate or copy of all such supporting
documents and records, including the findings and recommendations
of the local superintendent.

Section 31. Payment of Aid.—Aid to dependent children shall be
paid monthly, or at such other time or times as the rules and regulations
of the State board may provide, to the person having custody of the
dependent child by the treasurer or other disbursing officer of the
county or city, upon order of the local board of such county or city,
from funds appropriated or made available for such purpose by the
board of supervisors, council or other governing body of such county
or city.

Section 32. Reconsideration and Changes in Amount of Assist-
ance.—(a) All aid to dependent children grants made under this act
shall be reconsidered by the local board as frequently as may be re-
quired by the rules and regulations of the State board and at such
other times as the local board shall deem proper. After such further
investigation as the local board may deem necessary, or the State
board may require, the amount of aid may be changed, or aid may be
entirely withdrawn if the local board finds that the child’s circum-
stances have altered sufficiently to warrant such action.

(b) The local board may at any time cancel and revoke aid to
dependent children for cause and it may for cause suspend aid for
such period as it may deem proper.

(c) Whenever aid is thus withdrawn, revoked, suspended or in
any way changed, the local board shall at once notify the person hav-
ing the custody of the child, and, if the State board shall by rule or
regulation so require, the local board shall report to the commissioner
the decision of the local board and a record of its investigation.

(d) All such changes shall be subject to appeal to and review
by the State board as provided in section thirty-three of this act.

Section 33. Appeals; Reviews—(a) Every person whose claim
with respect to aid to a dependent child is denied shall be granted an
opportunity for a fair hearing before the State board. To this end
any person having custody of the child aggrieved by any decision
granting, changing, suspending or refusing aid, or by failure to make
a decision within a reasonable time under the provisions of this act,
may within thirty days after receiving notice in writing of such decision
appeal therefrom to, or ask for a review of the same by, the State
board in such manner and form as the State board may prescribe.

(b) The State board shall set a date for the hearing of the ap-
peal or review, reasonable notice of which shall be given in writing to
such person and to the proper local board. The State board shall, if
it deems proper, make or cause to be made an investigation of the
facts. The State board shall give fair and impartial consideration to
the evidence produced at the hearing which may consist of testimony
of witnesses, reports of investigations of the local board and _ local
superintendent or of investigations made or caused to be made by
the State board, or any other facts which the State board may deem
proper to enable it to decide fairly the appeal or review.

(c) The State board may also, upon its own motion, review any
decision of a local board, and may consider any application for aid
upon which a decision is not made by the local board within a reason-
able time.

(d) Subject to the foregoing provisions of this section, the de-
cision of the State board shall be final and binding, and in addition
shall be treated as the decision of the local board concerned, and shall
not be subject to further review or appeal, except that the State board
may at any time thereafter reopen and review the matter involved.

Section 34. Proceedings to Require Support of Children.—The
local board may proceed in the manner provided by law against any
person who is legally liable for the support of any child to require such
person to support such child.

Section 35. Administration and Payment of Aid to Dependent
Children in Counties and Cities Which Fail or Refuse to Provide For
the same; Deduction and Transfer of Funds.—(a) If any county or
city, through its appropriate authorities or officers, shall fail or refuse
to provide for the payment of aid to dependent children in such county
or city in accordance with the provisions of this act, the State board
shall through appropriate proceedings require such authorities and
officers to exercise the powers conferred and perform the duties im-
posed by this act.

(b) For so long as such failure or refusal shall continue the
State board shall authorize and direct the Commissioner, under rules
and regulations of the State board, to provide for the payment of aid
to dependent children in such county or city out of funds appropriated
for the purpose of carrying out the provisions of this act; in such
event the Commissioner shall at the end of each month file with the
State Comptroller and with the board of supervisors, council or other
governing body of such county or city a statement showing all dis-
bursements and expenditures made for and on behalf of such county
or city, and the said Comptroller shall from time to time as such
funds become available deduct from funds appropriated by the State,
in excess of requirements of the Constitution of Virginia for distri-
bution to such county or city such amount or amounts as shall be re-
quired to reimburse the State for expenditures incurred under the
provisions of this section; all such funds so deducted and transferred
are hereby appropriated for the purposes set forth in subsection (a)
of section sixty-nine of this act and shall be expended and disbursed
as provided in section sixty-nine of this act.

Section 36. Penalties—(a) Any person who shall by means of
any wilfully false statement or representation, or by impersonation,
or other fraudulent device, shall cause the payment of aid to any per-
son not entitled thereto under the provisions of this act, shall be guilty
of a misdemeanor and upon conviction shall be punished accordingly.

(b) Any person who shall fail or refuse to obey any subpoena
issued under the provisions of section nine of this act, shall be guilty
of a misdemeanor and upon conviction shall be punished accordingly.

TITLE 5—AID TO THE BLIND

Section 37. Functions, Duties and Powers of Commission.—In
addition to the functions, duties and powers conferred and imposed
upon the Commission by other provisions of law, the Commission shall,
as to matters relating to aid to the blind,

(a) Supervise the administration of this act;

(b) Make such rules and regulations, not in conflict with this
act, as may be necessary or desirable to carry out the true purpose
and intent of this act and to provide for the proper supervision and
administration of this act; such rules and regulations shall be binding
on all officers, agents and employees, State and local, engaged in the
administration of the provisions of this act;

(c) Establish minimum standards of service and personnel based
upon training, experience and general ability for the personnel em-
ployed by the Commission and the Secretary in the administration of
this act and make necessary rules and regulations to maintain such
standards ;

(d) Cooperate with local boards in administering the provisions
of this act;

(e) Cooperate with the Federal Social Security Board, and other
agencies of the United States, in any reasonable manner that may be
necessary for this State to qualify for and to receive grants or aid
from the Federal Social Security Board, the United States, and other
agencies thereof for aid to the blind in conformity with the provisions
of this act, including the making of such reports in such form and
containing such information as the Federal Social Security Board, or
such other agencies of the United States, may from time to time require,
and to comply with such provisions as the Federal Social Security Board,
and other agencies of the United States, may from time to time find
necessary to assure the correctness and verification of such reports;

(f) Submit to the Governor and publish an annual report, not
later than four months after the close of each fiscal year, showing for
such year the total amount of money paid or distributed hereunder,
the total number of blind persons who received aid to the blind, and
such other information as the commission may deem advisable to show
the operations of the commission, the secretary and the local boards
under the provisions of this act;

(g) Generally do all such other things, not in conflict with the
provisions of this act, as may be deemed necessary or advisable by
the commission for the purpose of carrying into effect the provisions
of this act.

(h) The Commission is also authorized to receive, for and on
behalf of the State and its subdivisions, from the United States and
agencies thereof, and from any and all other sources, gifts and grants-
in-aid, made for the purpose of providing, or to assist in providing,
for aid to the blind, including expenses of administration; all such
funds shall be paid into the State Treasury. ,

Section 38. Functions, Duties and Powers of Secretary.—In addi-
tion to the functions, duties and powers conferred and imposed upon
the secretary by other provisions of law, the secretary shall, subject
to the rules and regulations of the commission, and as to matters re-
lating to aid to the blind,

(a) Be the chief executive officer of the commission ;
(b) See that the provisions of this act are properly administered ;

(c) Assist and cooperate with local authorities in the administra-
tion of this act; |

(d) Prescribe the form of applications, reports, affidavits and
such other forms as shall be required in the administration of this
act ;

(e) Require of local boards such reports relating to the admin-
istration of this act, as the secretary may deem necessary to enable the
commission and the secretary to exercise and perform the functions,
duties and powers conferred and imposed by this act;

(f) Have access at all times to the records of the local board
relating to the appropriation, expenditure and distribution of funds
for, and other matters concerning, aid to the blind under this act;

(g) Enforce the standards established by the State board for
personnel employed in the administration of this act, and remove or
cause to be removed each employee who does not meet such standards;

(h) Cooperate with the Federal Social Security Board and other
agencies of the United States in relation to matters set forth in this
act ;

(1) Perform such duties and exercise such powers as shall be
required by the commission.

Section 39. Power to Administer Oaths, Conduct Examinations,
Et Cetera——The commission in the exercise and performance of its
functions, duties and powers under the provisions of this act is au-
thorized to hold and conduct hearings, issue subpoenas requiring the
attendance of witnesses and the production of records, memoranda,
papers and other documents, to administer oaths and to take testi-
mony thereunder.

Section 40. Eligibility for Aid to the Blind—A blind person
shall be eligible for aid to the blind if he

(a) Has, with correcting glasses, twenty/two hundredths
(20/200) vision or less, in the better eye;

(b) Has resided in this State for at least five years within the
nine years immediately preceding the date of application for aid to
the blind, and continuously for one year immediately preceding such
application ;

(c) Is needy and is in need of public assistance;

(d) Is not an inmate of or being maintained by any county,
municipal, State or National institution at the time of receiving aid
to the blind; such an inmate may however make application for such
aid, but such aid, if granted, shall not begin until after he ceases to
be such inmate;
(e) Has not made an assignment or transfer of property so a:
to render himself eligible for aid to the blind under this act’ at any
time within five years immediately prior to the filing of the applicatior
for such aid.

Section 41. Applications—Applications for aid to the blind unde:
this act shall be made to the local board, and filed with the local
superintendent, of the county or city in which the applicant resides.
The application shall be in writing on forms prescribed by the sec-
retary, and shall be signed by the applicant. Such application shall
contain a statement of the amount of property, real and personal, ir
which the applicant has an interest, and of all income which he may
have at the time of filing the application, and such other information
as the secretary may require. The commission may by rule or regu-
lation require the local boards to have all such applications made in
duplicate and to transmit such duplicate copies to the secretary.

Section 42. Procedure Upon Receipt of Application—Upon re-
ceipt of the application for aid to the blind, the local board shall re-
quire the local superintendent to make a prompt investigation and rec-
ord of the circumstances of the applicant to determine the completeness
and correctness of the statements contained in the application, and to
ascertain the facts supporting the application, and such other infor-
mation as it may deem proper or which may be required by the secre-
tary. Upon completion of his investigation the local superintendent
shall submit his findings and recommendations in writing to the local
board.

Section 43. Decision of Local Board.—(a) Upon completion of
the investigation, the local board shall determine whether the applicant
is eligible for aid to the blind under the provisions of this act, and, if
eligible, the amount of such aid and the date upon which such aid
shall begin. If the local board approves the payment of aid to the
blind, such aid shall thereupon, until changed, modified or revoked, be
paid as hereinafter provided.

(b) The amount of aid which any blind person shall receive shall
be determined with due regard to the property and income of the blind
person and any support which he may or should receive from other
sources, including assistance from persons legally responsible for his
support, the necessary expenditures of the individual and the condi-
tions existing in each case, and in accordance with rules and regulations
made by the commission and shall be sufficient, when added to all
other income and support of the recipient, to provide such blind per-
son with a reasonable subsistence: but in no case shall such aid be
an amount which, when added to the income of the recipient from all
other sources, shall exceed a total of thirty dollars per month.

(c) If the local board finds that the applicant is not entitled to
uid to the blind under this act it shall deny the application.

(d) As soon as the local board makes its decision, it shall notify,
n writing, the applicant thereof.
(e) The local board shall preserve, for such length of time as
he commission may prescribe, a record of the decision of the local
soard and all supporting documents and records, including the findings
sid recommendations of the local superintendent. The commission
nay by rule or regulation require that the local board transmit to the
secretary, immediately upon its decision in any case, a record of the
ecision and a duplicate or copy of all such supporting documents and
records, including the findings and recommendations of the local super-
intendent.

Section 44. Limitations as to Aid to the Blind and Pensions
Which One May Receive—(a) Except as otherwise provided in
this section, no blind person receiving aid under the provisions of
this act shall at the same time receive any other public assistance, gen-
eral relief, or relief from the State or from any instrumentality or
political subdivision of the State, except for temporary medical or
surgical assistance.

(b) Any blind person eligible for a pension under the provisions
of chapter four hundred and sixty-five of the Acts of the General
Assembly of nineteen hundred and twenty-eight, as amended, shall,
in addition to any aid which he is entitled to receive and does receive
under the provisions of this act, be entitled to receive as a pension, the
difference between the amount received as aid to the blind and the
larger amount, if any, he would be entitled to receive as a pensioner
if he were not receiving aid hereunder. ,

Section 45. Payment of Aid to the Blind—Aid to the blind shall
be paid monthly, or at such other time or times as the rules and regu-
lations of the commission may provide, to the applicant by the treasurer
or other disbursing officer of the county or city, upon order of the
local board of such county or city, from funds appropriated or made
available for such purpose by the board of supervisors, council, or
other governing body of such county or city.

Section 46. Reconsideration and Changes in Amount of Aid to
the Blind—(a) All aid to the blind grants made under this act
shall be reconsidered by the local board as frequently as may be re-
quired by the rules and regulations of the commission and at such
other times as the local board shall deem proper. After such further
investigation as the local board may deem necessary, or the commission
may require, the amount ot aid to any blind person may be changed.
or such aid may be entirely withdrawn if the local board finds that
the recipient’s circumstances have altered sufficient to warrant such
action.

(b) The local board may at any time cancel and revoke aid to
the blind for cause and it may for cause suspend aid for such period
as it may deem proper.

(c) Whenever aid to the blind is thus withdrawn, revoked, sus-

pended or in any way changed, the local board shall at once notify the
ony 7 ee gg lg tT 8 ata pammiacnn chall by
rule or regulation so require, report to the secretary the decision of
the local board and a record of its investigation. : .

(d) All such changes shall be subject to appeal to and review b
the commission as provided in section fifty-three of this act.

Section 49. Change in Condition of Recipient—If at any time
during the continuance of aid to the blind a recipient shall become pos-
sessed of any property or income in excess of the amount stated in the
application for such aid, it shall be the duty of such recipient to
notify immediately the local board of the receipt or possession of
such property or income, and thereupon the local board may, after
a fair hearing, either cancel the aid to the blind, or alter the amount
thereof. Any excess aid to the blind previously paid may be recovered
as a debt, and recourse may also be had to any property of the recipient
assigned as security under an agreement to reimburse the local board
for aid to the blind given him. :

Section 50. Recovery From Estate of Recipient—On the death
of any recipient of aid to the blind, the total amount paid as such aid
under this act shall be allowed as a claim against the estate of such
recipient, prior to all other claims except prior liens and except funeral
expenses not in excess of one hundred dollars, and except hospital bills,
doctor’s bills and medical expenses not in excess of one hundred and
fifty dollars. But no such claim shall be enforced against any real
estate of the estate of the recipient while such real estate is occupied
by the surviving spouse of the recipient so long as such spouse remains
unmarried, or is occupied by any dependent infant child or children
of the recipient. :

Section 51. Distribution of Amounts Received From the Blind
and Their Estates-——The local boards shall pay into the treasury of
its county or city all amounts received under the provisions of this
act from any recipient of aid to the blind or from his estate. The net
amount so received shall be prorated between the said county or city,
the State, and the United States if so required, in the same proportion
that the respective governments shall have contributed for aid to the
blind in such county or city during the period represented by such
recovery. When such net amount is prorated, the portions so set aside
for the State and the United States shall be paid into the State treasury.

Section 52. Transfer of Local Residence—(a) Any recipient
of aid to the blind who moves from one county or city in this State
into another county or city therein shall thereafter be treated as if
the grant of aid to the blind had been made by the county or city into
which he moves, and the local board of the county or city from which
he moves shall transfer all necessary records relating to the recipient
to the local board of the county or city into which such recipient
moves. _
(b) No person otherwise eligible for aid to the blind under. the
provision of this act, who has resided in this State for at least five
years within the nine years immediately preceding the date of appli-
cation for such aid to the blind, and continuously for one year imme-
diately preceding such application, shall be denied aid to the blind
under the provisions of this act on the ground that he lacks residence
requirements.

Section 53. Appeals. Reviews—(a) Every individual whose
claim for aid to the blind is denied shall be granted an opportunity
for a fair hearing before the commission. To this end any applicant
or recipient aggrieved by any decision granting, changing, suspending
or refusing aid to the blind or by failure to make a decision within a
reasonable time, under the provisions of this act, may, within thirty
davs after receiving notice in writing of such decision appeal there-
from to, or ask for a review of the same by, the commission in such
manner and form as the commission may prescribe.

-(b) The commission shall set a date for the hearing of the appeal
or review, reasonable notice of which shall be given in writing to the
applicant or recipient and to the proper local board. The commission
shall, if it deems proper, make or cause to be made an investigation
of the facts. The commission shall give fair and impartial considera-
tion to the evidence produced at the hearing which may consist of
testimony of witnesses, reports of investigations of the local board and
local superintendent or of investigations made or caused to be made
by the commission, or any other facts which the commission may
deem proper to enable it to decide fairly the appeal or review.

(c) The commission may also, upon its own motion, review any
decision of a local board, and may consider any application for aid
to the blind upon which a decision is not made by the local board
within a reasonable time.

(d) Subject to the foregoing provisions of this section, the de-
cision of the commission shall be final and binding, and in addition
shall be treated as the decision of the local board concerned, and
shall not be subject to further review or appeal, except that the com-
mission may at any time thereafter reopen and review the matter
involved.

Section 54. Right to Require Support of Applicants and Recip-
ients—The local board may proceed in the manner provided by law
against any person who is legally liable for the support of an appli-
cant or recipient of aid to the blind to require such person, if of
sufficient financial ability, to support the applicant or recipient.

Section 55. Administration and Payment of Aid to the Blind in
Counties and Cities Which Fail or Refuse to Provide for the Same;
Deduction and Transfer of Funds.—(a) If any county or city,
through its appropriate authorities or officers, shall fail or refuse to
provide for the payment of aid to the blind in such county or city
in accordance with the provisions of this act, the commission shall
through appropriate proceedings require such authorities and officers
to exercise the powers conferred and perform the duties imposed
by this act.
-(b) For so long as such failure or refusal shall continue the
commission, shall authorize and direct the secretary, under rules and
regulations of the commission, to provide for the payment of aid to
the blind in such county or city out of funds appropriated for the
purpose of carrying out the provisions of this act; in such event the
secretary shall at the end of each month file with the State Comptroller
and with the board of supervisors, council or other governing body
of such county or city a statement showing all disbursements and ex-
penditures made for and on behalf of such county or city, and the
said comptroller shall from time to time as such funds become avail-
able deduct from funds appropriated by the State, in excess of require-
ments of the Constitution of Virginia for distribution to such county
or city such amount or amounts as shall be required to reimburse the
State for expenditures incurred under the provisions of this section;
all such funds so deducted and transferred are hereby appropriated for
the purpose set forth in subsection (a) of section sixty-eight of this
act and shall be expended and disbursed as provided in section sixty-
eight of this act.

Section 56. Penalties —(a) Whoever obtains, or attempts to ob-
tain, or aids or abets any person to obtain by means of a wilfully
false statement or representation, or by impersonation, or other fraudu-
lent device, , | : 7

(1) Aid to which he is not entitled, or | , ,

(2) Aid greater than that to which he is justly entitled, or

(3) Payment of any forfeited installment grant, a
shall be guilty of a misdemeanor, ‘and upon conviction, shall be pun-
ished accordingly. , , - ——

—(b) Whoever knowingly aids or abets in buying or in any way.
disposing of the property of a recipient of aid to the blind, without the
consent of either the local board or the secretary, shall be guilty of a
misdemeanor, and upon conviction, shall be punished accordingly.

(c) If any person shall fail or refuse to obey any subpoena is-
sued under the provisions of section thirty-nine of this act, or shall
charge or receive any fee contrary to the provisions of section sixty-
two of this act, he shall be guilty of a misdemeanor and upon con-
viction shall be punished accordingly.

TITLE 6—GENERAL RELIEF

Section 57. The funds appropriated pursuant to sections sixty-
seven and sixty-nine of this act, and allocated by the State board for
general relief, shall be allocated by the State board and distributed
to the counties and cities of the State on the basis of population as
shown by the last preceding United States census. If the population
of any city has been, since the last preceding United States census,
or shall hereafter be increased through the annexation of any territory,
such increase shall for the purpose of this act, be added to the popu-
lation of such city as shown by the said last preceding United States
census, and a proper reduction made in the population of the county
or counties from which the said annexed territory was or is acquired.

Section 58. The State board shall cause the foregoing funds to be
allocated and distributed to the counties and cities of the State at
such time or times as it shall deem proper to assist the said counties
and cities to provide general relief to and for destitute persons in
this State in need of such relief, but no part of such funds shall be
distributed to any county or city unless the said county or city shall
provide and have available for like purposes, local funds in an amount
equal to sixty per centum of the amount to be received under the
provisions of title six of this act, and shall agree to use in providing
general relief to and for destitute persons in such county or city in
need of such relief, local funds in an amount at least equal to sixty
per centum of the amount received by the said county or city under
the provisions of title six of this act. Any county or city shall be
entitled to receive any part of the funds allocated to it, which it may
request after such county or city has provided local funds in an amount
at least equal to sixty per centum of the amount so requested. Not-
withstanding any general or statutory provision to the contrary, coun-
ties and cities are hereby authorized and empowered to provide and
make available such funds, and to enter into such agreements as may
be required under the provisions of title six of this act.

Section 59. Funds paid to each county and city pursuant to the
provisions of title six of this act, and local funds set aside to match
the same, shall be appropriated or otherwise made available by the
board of supervisors, council or other governing body of such county
or city, to the local board of such county or city, to be expended and
disbursed by such local board for the purpose of providing general
relief to and for destitute persons in such county or city in need of
such relief; not to exceed ten per centum of such funds may be used
to provide for the local administration and distribution of the same.
No part of any funds paid to counties and cities pursuant to the
provisions of title six of this act, shall be used to provide general
relief to or for any person who at the time of receiving such general
relief is an inmate of any county, municipal, State or national insti-
tution, nor shall any part of such funds be used to provide, maintain
or operate any almshouse, district home or other similar institution;
local funds used for such purposes shall not constitute any part of
the local fund required to match State funds herein provided for,
nor shall any county or city be given any credit under the provisions
of title six of this act for any local funds so expended.

Section 60. The State board may withhold from any county or
city, the payment of any funds provided for in title six of this act if
the local board of such county or city shall fail or refuse to use in
providing general relief to and for destitute persons in such county
or city in need of such relief, local funds in an amount at least equal
to sixty per centum of the funds received under the provisions of
title six of this act, or shall use any of the funds received under the
provisions of title six of this act for any purpose other than that
therein provided for, or shall fail or refuse to file any report, state-
ment or information required under the provisions of this act with
reference to general relief.

TITLE 7—GENERAL PROVISIONS AND
APPROPRIATIONS

Section 61. Public Assistance Not Transferable or Assignable;
Not Subject to Executions, Et Cetera—-No public assistance given
under this act shall be transferable or assignable, at law or in equity,
and none of the money paid or payable as public assistance under this
act shall be subject to execution, levy, attachment, garnishment or other
legal process, or to the operation of any bankruptcy or insolvency
laws.

Section 62. No Fees for Representing Applicant or Recipient;
Exception——Except as to criminal proceedings brought pursuant to
sections twenty-six, thirty-six or fifty-six of this act, and except as to
appeals provided for in sections twenty-three, thirty-three and fifty-
three of this act, no person shall make any charge or receive any
fee for representing an applicant or recipient in any proceedings here-
under, or with respect to any application, whether such fee or charge
be paid by the applicant or recipient or any other person.

Section 63. Right Reserved to Amend or Repeal Act.—All public
assistance granted under this act shall be deemed to be granted and to
be held subject to the provisions of this act and any amending or
repealing act that may hereafter be passed, and no recipient shall
have any claim for compensation, or otherwise, by reason of his public
assistance being affected in any way by any amending or repealing
act.

Section 64. Local Appropriation—vThe board of supervisors or
other governing body of each county and the council or other govern-
ing body of each city in the State shall each year, appropriate such
sum or sums of money as shall be sufficient to provide for the pay-
ment of public assistance including cost of administration, under the
provisions of this act within such county or city.

Section 65. Reimbursement of Localities by the State—(a) The
commissioner shall monthly reimburse each county and city to the extent
of sixty-two and one-half per centum of the amount expended during
the preceding month for old age assistance and aid to dependent chil-
dren, including the cost of administration, under the provisions of
this act.

(b) Claims for reimbursement shall be presented by the local
board to the commissioner and shall be itemized and verified in such
manner as the commissioner may require. Such claims shall, upon
the approval of the commissioner be paid out of funds appropriated by
the State for the purposes of this act, to the treasurer or other fiscal
officer of the said county or city.
(c) The total amount which may be allowed counties and cities
to reimburse them for expenditures for administration during any
fiscal year shall in no case exceed ten per centum of the amount al-
lowed to reimburse such counties and cities for amounts expended by
them for old age assistance and aid to dependent children during the
same period. —

Section 66. Reimbursement of Localities by the State—(a) The
secretary shall monthly reimburse each county and city to the extent
of sixty-two and one-half per centum of the amount expended during
the preceding month for aid to the blind, including the cost of ad-
ministration, under the provisions of this act.

(b) Claims for reimbursement shall be presented by the local
board to the secretary and shall be itemized and verified in such man-
ner as the secretary may require. Such claims shall, upon the approval
of the secretary, be paid out of funds appropriated by the State for
the purposes of this act, to the treasurer or other fiscal officer of the
said county or city.

(c) The total amount which may be allowed counties and cities
to reimburse them for expenditures for administration during any
fiscal year shall in no case exceed ten per centum of the amount al-
lowed to reimburse such counties and cities for amounts expended by
them for aid to the blind during the same period.

Section 67. Appropriation—For the purpose of carrying out
the provisions of this act there is thereby appropriated out of any funds
in the State treasury not otherwise appropriated, the sum of one
million, five hundred and thirty-eight thousand dollars, or so much
thereof as shall be required for the fiscal year beginning July first,
nineteen hundred and thirty-eight, and the sum of one million, seven
hundred and eighty-eight thousand dollars, or so much thereof as shall
be required for the fiscal year beginning July first, nineteen hundred
and thirty-nine; any portion of the amount appropriated for the year
beginning July first, nineteen hundred and thirty-eight remaining un-
expended at the end of said year, is re-appropriated for like purpose
for the year beginning July first, nineteen hundred and thirty-nine.

Section 68. Specific Appropriation For Aid to the Blind—(a)
For the purpose of

(1) Paying such reasonable portion of the per diem and expenses
of the members of the commission, the expenses of the secretary, the
salaries and remuneration of agents and employees of the commission
and of the secretary as shall be chargeable for the administration of
this act,

(2) Paying all costs and expenses incurred by the commission
and the secretary in the administration of this act,

(3) Reimbursing the counties and cities to the extent provided
in section sixty-six of this act, and

(4) Paying to the United States such portion of the net amounts
collected by local boards from recipients of aid to the blind and es-
tates of recipients of aid to the blind pursuant to the provisions o:
section fifty of this act as shall be required as a condition of financia
participation by the United States in the plan for aid to the blind pro
vided for by this act, there is hereby specifically appropriated, fron
the funds appropriated in section sixty-seven of this act, for each yeal
of the biennium beginning July first, nineteen hundred and thirty-
eight, the sum of sixty-two thousand dollars, or so much thereof a:
shall in the opinion of the Governor be required.

(b) For like purposes there is also appropriated all funds which
shall, pursuant to section fifty-one of this act, be paid into the State
treasury on or before June thirtieth, nineteen hundred and forty.

(c) All funds received from the United States and agencies
thereof, and from other sources, as grants-in-aid and gifts, for the
purpose of providing, or to assist in providing, for aid to the blind,
and paid into the State treasury on or before June thirtieth, nineteen
hundred and forty, are hereby appropriated for the following pur-
poses:

(1) Thirty-seven and one-half per centum of all such funds,
exclusive of that portion thereof to be used for administrative ex-
penses, shall be apportioned and paid monthly to the several counties
and cities of the State on the basis of the total amounts disbursed for
aid to the blind by such counties and cities during the period for
which such grants-in-aid and gifts are made; the remaining portion
of such funds, exclusive of that portion thereof to be used for ad-
ministrative expenses, shall be used to assist in reimbursing, in ac-
cordance with the provisions of section sixty-six of this act, counties
and cities for the amounts expended by such counties and cities for
aid to the blind, exclusive of costs of administration, during the period
for which such grants-in-aid and gifts are made;

(2) Thirty-seven and one-half per centum of all such funds to
be used for administrative expenses shall be apportioned and paid
monthly to the several counties and cities of the State on the basis of
the administrative expenses incurred under the provisions of this
act by such counties and cities during the period for which such grants-
in-aid and gifts are made; the remaining portion of such funds shall
be used for the purposes set forth in paragraphs numbered (one),
(two) and (three) of subsection (a) of this section.

(d) Expenditures and disbursements of all amounts appropriated
for the foregoing purposes shall be made by the State Treasurer on
warrants of the Comptroller issued on vouchers signed by the secre-
tary or by such person or persons as shall be authorized and desig-
nated by the secretary for such purposes.

Section 69. Specific Appropriation for Old Age Assistance, Aid
‘(0 Dependent Children and General Relief.—(a) For the purpose of
(1) Paying such portion of the per diem and expenses of the
members of. the State board, the expenses of the commissioner, the
salaries and remuneration of agents and employees of the State board
and of the commissioner, as shall be chargeable for the administration
of this act, | |

(2) Paying all costs and expenses incurred by the State board
and the commissioner in the administration of this act,

(3) Reimbursing the counties and cities to the extent provided
in section sixty-five of this act,

(4) Paying to the United States, for so long as such payment
shall be required as a condition for financial participation by the
United States in the plan for old age assistance provided for by this
act, one-half of the net amounts collected by local boards from recipi-
ents, and estates of recipients, pursuant to the provisions of this act,
and

(5) Distributing to counties and cities of the State in accordance
with the provisions of title six of this act, funds to assist such counties
and cities to provide general relief to and for destitute persons in
need of such relief,
there is hereby specifically appropriated all of the funds appropriated
in section sixty-seven, not otherwise specifically appropriated in section
sixty-eight to provide for aid to the blind. The State board shall
determine what portion of the funds so appropriated shall be used for
old age assistance, aid to dependent children and general relief, respec-
tively, including costs of administration and shall allocate the said funds
accordingly; the State board may during any fiscal year make such
changes in such allocations as the State board shall deem proper.

(b) For like purposes there is also appropriated all funds which
shall, pursuant to section twenty-one of this act, be paid into the State
treasury on or before June thirtieth, nineteen hundred and forty.

(c) All funds received from the United States and agencies
thereof, and from other sources, as grants-in-aid and gifts, for the
purpose of providing, or to assist in providing, for old age assistance,
and paid into the State treasury on or before June thirtieth, nineteen
hundred and forty, are hereby appropriated for the following pur-
poses:

(1) Thirty-seven and one-half per centum of all such funds, ex-
clusive of that portion thereof to be used for administrative expenses,
shall be apportioned and paid monthly to the several counties and cities
of the State on the basis of the total amounts disbursed for old age
assistance by such counties and cities during the period for which such
grants-in-aid and gifts are made; the remaining portion of such funds,
exclusive of that portion thereof to be used for administrative ex-
penses, shall be used to assist in reimbursing in accordance with the
provisions of section sixty-five of this act, counties and cities for
the amounts expended by such counties and cities for old age assist-
ance, exclusive of costs of administration, during the period for
which such grants-in-aid and gifts are made;

(2) Thirty-seven and one-half per centum of all such funds to
be used for administrative expenses shall be apportioned and paid
monthly to the several counties and cities of the State on the basis of
the administrative expenses incurred by such counties and cities in
the administration of the provisions of this act relating to old age
assistance during the period for which such grants-in-aid and gifts
are made; the remaining portion of such funds, exclusive of that por-
tion thereof to be used for administrative expenses, shall be used
for the purposes set forth in paragraphs numbered (one), (two) and
(three) of subsection (a) of this section in so far as the same relate
to old age assistance. .

_(d) All funds received from the United States and agencies
thereof, and from other sources, as grants-in-aid and gifts, for the
purpose of providing, or to assist in providing, for aid to dependent
children and paid into the State treasury on or before June thirtieth,
nineteen hundred and forty, are hereby appropriated for the follow-
ing purposes: , ,

(1) Thirty-seven and one-half per centum of all such funds, ex-
clusive of that portion thereof to be used for administrative expenses,
shall be apportioned and paid monthly to the several counties and
cities of the State on the basis of the total amounts disbursed for
aid to dependent children by such counties and cities during the period
for which such grants-in-aid and gifts are made; the remaining portion
of such funds, exclusive of that portion thereof to be used for ad-
ministrative expenses, shall be used to assist in reimbursing in accord-
ance with the provisions of section sixty-five of this act, the counties
and cities for amounts expended by such counties and cities for aid
to dependent children, exclusive of administrative costs, during the
period for which such grants-in-aid and gifts are made;

(2) Thirty-seven and one-half per centum of all such funds to
be used for administrative expenses shall be apportioned and paid
monthly to the several counties and cities of the State on the basis
of the administrative expenses incurred by such counties and cities
in the administration of the provisions of this act relating to aid to
dependent children; the remaining portion of such funds shall be used
for the purposes set forth in paragraphs numbered (one), (two) and
(three) of subsection (a) of this section, in so far as the same relate
to aid to dependent children.

(e) Expenditures and disbursements of all amounts appropriated
tor the foregoing purposes shall be made by the State Treasurer on
warrants of the Comptroller issued on vouchers signed by the commis-
sioner or by such person or persons as shall be authorized and desig-
nated by the commissioner for such purposes. 3

Section 70. Expenses of Auditor of Public Accounts: Comp-
troller and State Treasurer.—(a) All expenses incurred by the Au-
ditor of Public Accounts in auditing the books, records and accounts
of the State board and of the commissioner and in rendering other
services to the State board and to the commissioner, and all expenses
incurred by the Comptroller and the State Treasurer in performing
services required by or under this act, may be treated as adminis-
trative expense of the State board or of the commissioner and paid
as such. , , :

(b) All expenses incurred by the Auditor of Public Accounts
in auditing the books, records and accounts of the commission and
of the secretary and in rendering other services to the commission and
to the secretary, and all expenses incurred by the Comptroller and the
State Treasurer in performing the services required by and under
this act, may be treated as administrative expense of the commission
or of the secretary and paid as such.

Section 70-a. Continuance of Public Assistance Act of nineteen
hundred and thirty-six during transition period and use and disposition
of funds during and at the expiration of said period.—Notwithstanding
any other provision of this act, it is expressly provided that the pro-
visions of chapter two hundred and twenty-three of the Acts of the
General Assembly of Virginia of nineteen hundred and thirty-six, ap-
proved March twenty-third, nineteen hundred and thirty-six, are hereby
continued in force until the thirty-first day of August, nineteen hun-
dred and thirty-eight, and during such period the commissioner, subject
to the approval of the State board, is expressly authorized to allocate
and distribute in the manner provided in said chapter two hundred and
twenty-three of the Acts of the General Assembly of Virginia of
nineteen hundred and thirty-six, such portion of the funds appropriated
under the provisions of sub-section (a) of section sixty-nine of this
act, as shall be required. All funds received from the State Treasury
by any county or city pursuant to the provisions of either this section
or said chapter two hundred and twenty-three of the Acts of the Gen-
eral Assembly of Virginia of nineteen hundred and thirty-six, as
well as funds appropriated by such county or city to match the same,
remaining unexpended on the first day of September, nineteen hun-
dred and thirty-eight, shall thereafter be used by such county or city
for the purposes of and in accordance with the provisions of this act,
and the board of supervisors shall appropriate such funds for such
purposes. Any county or city using, for the purposes of this act,
any funds received from the State treasury pursuant to the provisions
of either this section or said chapter two hundred and twenty-three
of the Acts of the General Assembly of Virginia of nineteen hundred
and thirty-six, or funds appropriated by such county or city to match
the same, shall not be entitled to reimbursement for such funds, or
any part thereof, under the provisions of either section sixty-five or
section sixty-six of this act, nor may any such funds be used for the
purpose of matching any funds allocated and distributed under the
provisions of Title Six of this act.

Section 71. This act shall be known, designated and cited as the
“Virginia Public Assistance Act of 1938”.

Section 72. Separability of Provisions—If any provision of this
act, or the application thereof to any person or circumstances, is held
invalid, the remainder of this act and the application of such provision
to other persons or circumstances shall not be affected thereby.
2. Be it further enacted by the General Assembly of Virginia,
That an act entitled “an act to provide, in certain cases, for the pay-
ment out of county and city treasuries of allowances for the support
of children in their own homes and for the partial reimbursement by
the State of the counties and cities making such payments; also to re-
peal an act entitled an act providing that any county or city of this
State may pay a monthly allowance to indigent, widowed mothers for
the partial support of their children in their own homes, approved
February twenty-eight, nineteen hundred and eighteen”, approved
March twenty-seventh, nineteen hundred and twenty-two, and amend-
ments thereof, be, and the same is hereby, repealed, and that an act
entitled “an act to appropriate, subject to certain conditions nine hun-
dred and fifty thousand dollars for each year of the biennium begin-
ning July first, nineteen hundred and thirty-six, to assist counties and
cities to provide assistance to and for destitute persons in this State
in need of public relief and for the purpose of providing for admin-
istration of the provisions of this act; to authorize the Governor to
transfer certain funds to the State treasury; to provide for the dis-
tribution and expenditure of the funds herein appropriated ; to require
and empower counties and cities to match State funds to be paid to
them hereunder; and to prescribe the powers and duties of the State
Commissioner of Public Welfare relating to the distribution and ex-
penditure of funds, hereunder’, approved March twenty-third, nineteen
hundred and thirty-six, be, and the same is hereby, repealed on and
after September first, nineteen hundred and thirty-eight.

3. Be it further enacted by the General Assembly of Virginia,
That all acts and parts of acts, general, special, private and _ local,
including charter provisions and ordinances of cities and towns, incon-
sistent with any of the provisions of this act, are hereby repealed to
the extent of such inconsistency. :

4. This act shall become effective on July first, nineteen hundred
and thirty-eight.