CHAPTER 77

An Act to amend and reenact § 3-79.38 of the Code of Virginia (which
was enacted as § 8-48 of the Code of Virginia by Chapter 407, Acts

of Assembly, 1954), relating to terms of office of the Board of Di-
rectors for Produce Market Authorities. —

[ ]

Approved February 21, 1956

Be it enacted by the General Assembly of Virginia:

1. That § 3-79.3 of the Code of Virginia (which was enacted as § 3-48
of the Code of Virginia by Chapter 407, Acts of Assembly of 1954) be
amended and reenacted as follows:

§ 3-79.38. (a) Whenever the governing body of any such city or
county shall adopt, by the affirmative vote of a majority of all of the
members thereof, a resolution petitioning the Governor to activate an
authority for such city or county, the Governor may by proclamation
activate the authority, or, if in the opinion of the Governor no substantial
need exists therefor, he may decline to do so. The resolution shall state
whether it is desired that the authority shall consist of five or seven
directors, and the proclamation, if issued, shall designate the number.
CH. 77] ACTS OF ASSEMBLY 81

(b) Every authority shall be governed by a board of directors to be
appointed by the Governor. One member of the board shall be appointed
from a list of three persons nominated by the Director of the Division of
Markets with the approval of the Commissioner of Agriculture and Immi-
gration. One member shall be appointed from a list of three persons
nominated by the Director of the Agricultural Extension Division of the
Virginia Polytechnic Institute. One member shall be appointed from a list
of three persons nominated by the governing body of such city or county.
One member shall be appointed from a list of three wholesale dealers in
perishable farm produce nominated by a majority vote of all of the whole-
sale dealers in such produce doing business in such city, county or on the
market after it is in operation, each store unit having one vote. One mem-
ber shall be appointed from a list of three farmers nominated by the
agricultural agents of the several counties contiguous to such city or county
or contiguous to the county or counties in which such city is geographically
located. In the event the number of directors is to be seven, one member
shall be appointed from a list of three persons nominated by the directors
or other governing body of the chamber of commerce of such city or county
and one member shall be appointed from a list of three food retail merchants
nominated by the governing body of such city or county. All nominees
shall be residents of such city or county or of one of the several counties
contiguous thereto or contiguous to the county or counties in which such
city is geographically located.

(c) The members first appointed shall be appointed one each for
terms of one, two, three and four years, and one or three, as the case may
be, for a term of five years, according to the order in which they are
listed in this section, respectively. Subsequent appointments shall be made
for terms of five years each, except appointments to fill vacancies which
shall be for unexpired terms. The terms of the members first appointed
shall, for the purpose of determining the expiration dates of their respec-
tive terms, be taken to commence on January first of the year immediately
succeeding the year in which the appointments are made, although the
appointment is made and duties are assumed prior thereto. No person
shall be eligible to serve for or during more than two successive terms;
provided, however, any person heretofore or hereafter appointed to fill an
unexpired term may be eligible for two additional successive terms after
the term appointed has expired, and incumbency during the current term
when this amendment takes effect constitutes the first of the two successive
terms. Each member shall continue to hold office until his successor has
been appointed. Members of the board shall be subject to removal from
office in like manner as are state, county, town and district officers under
the provisions of §§ 15-500 to 15-503 of the Code of Virginia. Immediately
after such appointment, the directors shall enter upon the performance of
their duties. The board shall annually elect one of its members as chair-
man and another as vice-chairman, and shall also elect annually a secretary
and a treasurer, who may or may not be members of the board. One per-
son may be elected to both of the last named offices. The chairman, or in
his absence, the vice-chairman shall preside at all meetings of the board.
In the absence of both the chairman and vice-chairman the board shall
appoint a chairman pro tempore, who shall preside at such meetings.
A majority of the full number of directors shall constitute a quorum for
the transaction of the business of the authority, and no vacancy in the
membership of the board shall impair the right of a quorum to exercise
all the rights and perform all the duties of the authority. The members
of the board shall be entitled to reimbursement for their necessary ex-
penses incurred in attendance upon the meetings of the board or while
otherwise engaged in the discharge of their duties. Each member of the
82 ACTS OF ASSEMBLY [vA., 1956

board shall also be paid 4 sum to be determined by the board not exceed-
ing $25.00 per day for each day or portion thereof during which he is
engaged in the performance of his duties. Such expenses and compensation
shall be paid out of the treasury of the authority upon vouchers signed
or approved by the chairman of the board or by such other person or per-
sons as may be designated by the board for the purpose.

(d) The members of the board of directors of a produce market au-
thority heretofore appointed pursuant to the provisions of Chapter 7 of
Title 3 of the Code of Virginia shall constitute the board of directors of
the authority created by this article. They shall serve as such until the
expiration of the terms for which they were appointed and the powers
and duties conferred and prescribed in this article shall be exercised and
performed by such board and all of the other provisions of this article
shall be applicable to such board and to such authority. Thereafter, the
emer of the board shall be appointed pursuant to the provisions of

is section. :