CHAPTER 713
HOUSE JOINT RESOLUTION NO. 28
Proposing amendments to §§ 155 and 161 of the Constitution of Virginia.

Agreed to by the Senate March 1, 1954
Agreed to by the House of Delegates February 23, 1954

Resolved by the House of Delegates, the Senate concurring (a majority
of the members elected to each House agreeing), that the following amend-
ments to the Constitution of Virginia be, arid the same are, hereby pro-
posed and referred to the General Assembly at its first regular session held
after the next general election of members of the House of Delegates for its
concurrence in conformity with the provisions of section one hundred
ninety-six of the Constitution, namely:

Strike from the Constitution section one hundred fifty-five, which is
as follows:

§ 155. State Corporation Commission; how selected; term of office;
how vacancies filled; who ineligible; qualifications of at least one member;
how removed or impeached; officers, how selected; rules of order and pro-
cedure; general provisions; salaries.—There shall be a permanent commis-
sion, to consist of three members, which shall be known as the State Corpo-
ration Commission. Their regular term of office shall be six years, respec-
tively. Whenever a vacancy in the commission shall occur, the Governor
shall forthwith appoint a qualified person to fill the same for the unexpired
term, subject to confirmation by the General Assembly or until his successor
be chosen as provided by law. Commissioners selected for regular terms
shall, at the beginning of the terms for which selected, and those appointed
to fill vacancies, shall immediately upon their selection or appointment,
enter upon the duties of their office. The commissioners shall be elected
by the General Assembly. The present commissioners shall continue in
office until the expiration of their present terms. The terms of their suc-
cessors shall begin on the first day of February next succeeding their
selection.

No person while employed by, or holding any office in relation to, any
transportation or transmission company, or while in any wise financially
interested therein, or while engaged in practicing law, shall hold office as
a member of said commission, or perform any of the duties thereof. Nor
shall any such person be interested, either directly or indirectly, in any
insurance company, association or fraternal organization, or in any bank,
trust or other like company doing business in this State and which is by
law made subject to the supervision of said State Corporation Commission,
but this section shall not be so construed as to prevent any such person
from being a policyholder in any insurance company, insurance association,
or fraternal organization.

At least one of the commissioners shall have the qualifications pre-
scribed for judges of the Supreme Court of Appeals; and any commissioner
may be impeached or removed in the manner provided for the impeachment
or removal of a judge of said court.

The commission shall annually elect one of its members chairman of
the same, and shall have one clerk, and such other clerks, officers, assistants
and subordinates as may be provided by law, all of whom shall be appointed
and subject to removal by the commission. It shall prescribe its own rules
of order and procedure, except so far as the same are specified in this Con-
stitution or any amendment thereof.

The General Assembly may establish within the department, and sub-
ject to the supervision and control of the commission, subordinate divisions,
or bureaus of insurance, banking or other special branches of the business
of that department.

All sessions of the commission shall be public, and a permanent record
shall be kept of all its judgments, rules, orders, findings and decisions, and
of all reports made to or by it. Two of the commissioners shall constitute
a quorum for the exercise of the judicial, legislative and discretionary func-
tions of the commission, whether there be a vacancy in the commission
or not, except as otherwise provided by law, but a quorum shall not be
necessary for the exercise of its administrative functions, which are mand-
atory. The commission shall keep its office open for business on every day
except Sundays and legal holidays.

Transportation companies shall at all times transport, free of charge,
within this State, the members of said commission and its officers, or any
of them, when engaged on their official duties.

The General Assembly shall provide suitable quarters for the com-
mission and funds for its lawful expenses, including pay for witnesses sum-
moned, and costs of executing processes issued by the commission of its
own motion; and shall fix the salaries of the members of the commission.

And insert in lieu thereof the following:

§ 155. State Corporation Commission; how selected; term of office;
how vacancies filled; who ineligible; qualifications of at least one member;
how removed or impeached; officers, how selected; rules of order and pro-
cedure; general provisions; salaries.—There shall be a permanent commis-
sion, to consist of three members, which shall be known as the State Corpo-
ration Commission. Their regular term of office shall be six years, respec-
tively. Whenever a vacancy in the commission shall occur, the Governor
shall forthwith appoint a qualified person to fill the same for the unexpired
term, subject to confirmation by the General Assembly or until his successor
be chosen as provided by law. Commissioners selected for regular terms
shall, at the beginning of the terms for which selected, and those appointed
to fill vacancies, shall immediately upon their selection or appointment,
enter upon the duties of their office. The commissioners shall be elected
by the General Assembly. The present commissioners shall continue in
office until the expiration of their present terms. The terms of their suc-
cessors shall begin on the first day of February next succeeding their
selection.

No person while employed by, or holding any office in relation to, any
transportation or transmission company, or while in any wise financially
interested therein, or while engaged in practicing law, shall hold office as a
member of said commission, or perform any of the duties thereof. Nor
shall any such person be interested, either directly or indirectly, in any
Insurance company, association or fraternal organization, or in any bank,
trust or other like company doing business in this State and which is by
law made subject to the supervision of said State Corporation Commission,
but this section shall not be so construed as to prevent any such person
from being a policyholder in any insurance company, insurance association,
or fraternal organization.

_At least one of the commissioners shall have the qualifications pre-
scribed for judges of the Supreme Court of Appeals; and any commissioner
may be impeached or removed in the manner provided for the impeachment
or removal of a judge of said court.

The commission shall annually elect one of its members chairman of
the same, and shall have one clerk, and such other clerks, officers, assistants
and subordinates as may be provided by law, all of whom shall be appointed
and subject to removal by the commission. It shall prescribe its own rules
of order and procedure, except so far as the same are specified in this Con-
stitution or any amendment thereof.

The General Assembly may establish within the department, and sub-
ject to the supervision and control of the commission, subordinate divi-
sions, or bureaus of insurance, banking or other special branches of the
business of that department.

All sessions of the commission shall be public, and a permanent record
shall be kept of all its judgments, rules, orders, findings and decisions, and
of all reports made to or by it. Two of the commissioners shall constitute a
quorum for the exercise of the judicial, legislative and discretionary func-
tions of the commission, whether there be a vacancy in the commission
or not, except as otherwise provided by law, but a quorum shall not be neces-
sary for the exercise of its administrative functions, which are mandatory.
The commission shall keep its office open for business on every day except
Sundays and legal holidays.

The General Assembly shall provide suitable quarters for the commis-
sion and funds for its lawful expenses, including pay for witnesses sum-
moned, and costs of executing processes issued by the commission of its
own motion; and shall fix the salaries of the members of the commission.

f a rike from the Constitution section one hundred sixty-one, which 1s
as follows:

§ 161. Free transportation to members of General Assembly and of
State, county, district, or municipal officers, except members and officers
of State Corporation Commission, prohibited; penalty; policemen and fire-
men excepted.—No transportation or transmission company doing business
in this State shall grant to any member of the General Assembly, or to any
State, county, district or municipal officer, except to members and officers
of the State Corporation Commission for their personal use while in office,
any frank, free pass, free transportation, or any rebate or reduction in the
rates charged by such company to the general public for like services. For
violation of the provisions of this section the offending company shall be
liable to such penalties as may be prescribed by law; and any member of
the General Assembly, or any such officer, who shall, while in office, accept
any gift, privilege or benefit, prohibited by this section, shall thereby forfeit
his office, and be subject to such further penalties as may be prescri
by law; but this section shall not prevent a street railway, transportation
or transmission company from granting free transportation or free service,
within this State, to any member of the police force or fire department
while in the discharge of his official duties, nor prohibit the acceptance by
any such policeman or fireman of such free transportation.

And insert in lieu thereof the following:
§ 161. Free transportation to members of General Assembly and of
State, county, district, or municipal officers, prohibited ; penalty ; policemen
and firemen excepted.—No transportation or transmission company doing
business in this State shall grant to any member of the General Assembly,
or to any State, county, district or municipal officer any frank, free pass,
free transportation, or any rebate or reduction in the rates charged by such
company to the general public for like services. For violation of the provi-
sions of this section the offending company shall be liable to such penalties
as may be prescribed by law; and any member of the General Assembly, or
any such officer, who shall, while in office, accept any gift, privilege or
benefit, prohibited by this section, shall thereby forfeit his office, and be
subject to such further penalties as may be prescribed by law; but this sec-
tion shall not prevent a street railway, transportation or transmission com-
pany from granting free transportation or free service, within this State,
to any member of the police force or fire department while in the discharge
of his official duties, nor prohibit the acceptance by any such policeman or
fireman of such free transportation.