An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1936/1937es |
---|---|
Law Number | 6 |
Subjects |
Law Body
Chap. 6.—An ACT to provide for the conservation, protection, improvement and
profitable use of agricultural land resources of the State of Virginia and
for co-operation with the governments and agencies of other states and of
the United States pursuant to the provisions of Section 7 of an Act of the
Congress of the United States entitled “an act to provide for the protection
of land resources against soil erosion, and for other purposes,” approved
April 27, 1935, which section was added thereto by an act entitled “an
act to promote the conservation and profitable use of agricultural land
resources by temporary Federal aid to farmers and by providing for a
permanent policy of Federal aid to States for such purposes,’ approved
February 29, 1936, the said act as amended being known as the “Soil
Conservation and Domestic Allotment Act”; to assent to and accept the
provisions of said act; and, in conformity with the provisions of said act,
to designate and authorize the Virginia Agricultural and Mechanical College
and Polytechnic Institute as the State agency of this State to formulate,
submit to the Secretary of Agriculture of the United States, and administer,
State plans to carry out the provisions of this act; to define the powers
and duties of the said Virginia Agricultural and Mechanical College and
Polytechnic Institute as such State agency; to authorize the said agency
to designate agricultural districts and communities and to provide for the
organization of associations and committees of agricultural producers
therein; to provide for county committees in the several counties of the
State; to establish a State Advisory Board to advise with the said agency
in the administration of this act; and to appropriate funds necessary to
carry out the provisions of this act. [S B 8]
Approved December 24, 1936
1. Be it enacted by the General Assembly of Virginia as follows:
Section 1. Short title—This act may be known and cited as the
“Virginia Agricultural Conservation and Adjustment Act.”
Section 2. Declaration of purpose.—(a) It is hereby recognized and
declared :
(1) That the soil resources and fertility of the land of this State,
and the economic use thereof, the prosperity of the farming population
of this State, and the navigability of the rivers and harbors of this
State and the prevention of floods in this State are matters affected
with a public interest;
(2) That the welfare of this State has been impaired and is in
danger of being further impaired by destruction of its soil fertility,
by uneconomic use and waste of its land, by exploitation and wasteful
and unscientific use of its soil resources, by floods and impairment of
its rivers and harbors and of the navigability of its waters and water
courses as a result of soil erosion, and by the decrease in the purchas-
ing power of the net income per person on farms in the State as com-
pared with that of the net income per person in the State not on farms;
(3) That said evils have been augmented and are likely to be aug-
mented by similar conditions in other states, and are so interrelated
with such conditions in other states that the remedying of such con-
ditions in this State requires action by this State in co-operation with
the governments and agencies of other states and of the United States
and requires assistance therein by the government and agencies of the
United States; and
(4) That the formulation and effectuation by this State of State
plans in conformity with the provisions of section seven of an Act of
the Congress of the United States entitled “an act to provide for th
protection of land resources against soil erosion, and for other pur
poses,” approved April twenty-seventh, nineteen hundred and thirty
five, which section was added thereto by an act entitled “an act t
promote the conservation and profitable use of agricultural land re
sources by temporary Federal aid to farmers and by providing for <
permanent policy of Federal aid to States for such purposes,” approvec
February twenty-ninth, nineteen hundred and thirty-six, the said ac
as ametided being known as the “Soil Conservation and Domestic Al.
lotment Act” (public number forty-six, seventy-fourth Congress; pub
lic number four hundred and sixty-one, seventy-fourth Congress) i:
calculated to remedy said conditions and will tend to advance the public
welfare of this State.
(b) Therefore, in order to promote the welfare of the people of
this State by aiding in the preservation and improvement of soil fer-
tility, in the promotion of the economic use and conservation of land,
in the diminution of exploitation and wasteful and unscientific use of
soil resources, in the protection of rivers and harbors against the re-
sults of soil erosion, and in the re-establishment, at as rapid a rate as
is practicable and in the general public interest, of the ratio between
the purchasing power of the net income per person on farms and that
of the net income per person not on farms that prevailed during the
five-year period August, nineteen hundred and nine to July, nineteen
hundred and fourteen, inclusive, as determined from statistics available
in the United States Department of Agriculture, and the maintenance
of such ratio, the State of Virginia hereby assents to and accepts the
provisions of the said Soil Conservation and Domestic Allotment Act
and adopts the policy and purpose of co-operating with the government
and agencies of other states and of the United States in the accomp-
lishment of the policy and purposes specified in section seven of said
act; subject, however, to the following limitations:
(1) The powers conferred in this act shall be used to assist volun-
tary action calculated to effectuate such purposes.
(2) Such powers shall not be used to discourage the production
of supplies of foods and fibers in this State sufficient when taken to-
vether with the production thereof in other states of the United States
to maintain normal domestic human consumption as determined by the
Secretary of Agriculture of the United States from the records of
consumption in the years nineteen hundred and twenty to nineteen
hundred and twenty-nine, inclusive, taking into consideration increased
population, quantities of any commodities that were ‘forced into do-
nestic consumption by a decline in exports of particular commodities,
and the quantities of substitutes available for domestic consumption
within any general class of food commodities.
(3) In carrying out the purposes specified in this section due regard
hall be given to the maintenance of a continuous and stable national
supply of agricultural commodities adequate to meet consumer demand
it prices fair to both producers and consumers.
Section 3. Definitions —The expression “other states of the United
tates” as used in this act shall include Alaska, Hawaii, and Puerto
RICO.
Section 4. Designation of State agency—(a) The Virginia Agri-
ultural and Mechanical College and Polytechnic Institute (hereaiter
alled the “college”) is hereby designated and authorized as the State
gency of this State to carry out the policy and purposes of this act
ind to formulate, submit to the Secretary of Agriculture of the United
States, and administer State plans pursuant to the terms of this act.
In formulating the State plan and in carrying out the policy and
nurpose of this act the college shall consult the State Advisory Board
ereinafter provided.
(b) The college shall perform its duties and functions as such
wwency under this act separately and distinctly from the performance
of its duties and functions under any other act or in any other capacity,
except that the college may utilize the services and the assistance of its
personnel and facilities normally used in the performance of such other
functions if it finds that the utilization of such services and assistance
is necessary to, or is calculated to assist substantially in, the effective
administration of this act and that such facilities may be utilized with-
out interference with the effective performance of such other duties
and functions.
Section 5. Formulation and administration of State plans—(a) The
college is authorized end directed to formulate for each calendar year,
commencing with the year nineteen hundred and thirty-eight, and to
submit to the Secretary of Agriculture of the United States for and in
the name of this State, a State plan for carrying out the purposes of
this act during such calendar year. Before any such plan is submitted
to the Secretary of Agriculture for approval it shall first be submitted
to and approved by the Governor of Virginia.
(b) The college, with the approval of the Governor, is authorized
to modify or revise any such plan in whatever manner, consistent with
the terms of this act, it finds necessary to provide for more substantial
furtherance of the accomplishment of the purposes of this act.
(c) Each such pan shall provide for such participation in its ad-
ministration by such county and community committees or associations
of agricultural producers, organized for such purpose, as the college
determines to be necessary or proper for the effective administration
of the plan.
(d) Each such plan may provide for such adjustments in the utili-
zation of lanl, in farming practices, and in the acreage or in the pro-
duction for market, cr both, of agricultural commodities, through agree-
ments with agricultural producers or through other voluntary methods.
as the college deterinines to be calculated to effectuate as substantial
accomplishment of the purposes of this act as may reasonably be
achieved through action of this State, and for payments to agricultural
producers in conne:tion with such agreements or methods in suck
amounts as the college determines to be fair and reasonable and cal.
culated to promote such accomplishment of the purposes of this ac
without depriving such producers of a voluntary and uncoerced choic
of action.
(e) Each such plan may provide for such educational programs a
the college determines to be necessary or proper to promote the mort
substantial accomplishment of the purposes of this act.
(f) Each such plan shall contain an estimate of expenditures neces.
Sary to carry out such plan together with a statement of such amoun
as the college determines to be necessary to be paid by the Secretary
of Agriculture of the United States as a grant in aid of such plar
under section seven of the Soil Conservation and Domestic Allotmen
Act, in order to provide for the effective carrying out of such plan
and shall designate the amount and due date of each installment o}
such grant, the period to which such installment relates, and the amount
determined by the college to be necessary for carrying out such plan
during such period.
(g) The college shall provide for such investigations as it finds to
be necessary for the formulation and administration of such plans.
Section 6. Receipt and disbursement of funds.—(a) The college
is hereby authorized and empowered to receive on behalf of this State
and pay into the State treasury all allocations and grants of money or
other aid made available from any source to assist the State, or the col-
lege, or both, in carrying out the policy and purposes of this act. All
such funds shall be paid into the State treasury and shall be credited
to an account to be known as the agricultural conservation and adjust-
ment account. The entire amount so received, together with any
moneys appropriated or other provision made by this State for such
purpose, is hereby appropriated out of said agricultural conservation
and adjustment account for expenditure by the college as such State
agency, in accordance with the provisions of this act, and shall be paid
by the State Treasurer on warrants of the Comptroller issued on vouch-
ers signed by the president of the said college or such other person or
persons as shall be designated by the college for such purpose. All such
funds or other aid shall be forthwith available to the said college as the
agency of the State, subject, in the case of any funds or other aid re-
ceived upon conditions, to the conditions upon which such funds or
other aid shall have been received, for the purpose of administering this
act, and may be expended by the college in carrying out such State
plans or in otherwise effectuating the purposes and policies of this act,
out shall not be expended or disposed of for any other purposes; nor
shall any funds made available to the college for purposes other than
he administration of this act be expended or otherwise disposed of
n connection with the administration of this act except in providing
services and assistance in the administration of this act pursuant to the
orovisions of section four hereof and in such case only to the extent
hat such funds are properly available for such purpose and subject
n such cases to reimbursement, pursuant to the provisions of para-
raph (b) of this section, of the funds so expended.
(b) Subject to any conditions upon which any such money or other
id is made available to the State and to the terms of anv annlicahle
slan made effective pursuant to this act, such expenditures may include,
ut need not be limited to, expenditures for administrative expenses,
-quipment, cost of research and investigation, cost of educational activi-
ies, compensation and expenses of. members of the State Advisory
Board, and of the members of the county and community committees
organized pursuant to section nine hereot, reimbursement to other
State agencies or to committees or associations of agricultural pro-
Jucers for costs to such agencies, committees or associations of assist-
ance in the administration of this act, requested in writing by the college
and rendered to the college, reimbursement of any other fund from
which it shall have made expenditures in providing services in the ad-
ministration of this act pursuant to the provisions of section four
hereof, payments to agricultural producers provided for in any plan
made effective pursuant to this act, salaries of employees, and all other
expenditures requisite to carrying out the provisions and purposes of
this act; provided, however, that all salaries or other compensation for
services in excess of one thousand dollars per annum shall first be ap-
proved by the Governor.
(c) The college shall provide for the keeping of full and accurate
accounts as such State agency, separate from its accounts kept in its
other capacities, showing all receipts and expenditures of moneys, se-
curities, or other property received, held or expended under the pro-
visions of this act and shall provide for the auditing of all such ac-
counts and for the execution of surety bonds for all employees en-
trusted with moneys or securities under the provisions of this act.
Section 7. Additional powers and duties of the college as such
State agency.—(a) The college may utilize such available services and
assistance of other State agencies and of county and community com-
mittees or associations of agricultural producers as it determines to be
necessary or calculated to assist substantially in the effective admunistra-
tion of this act. ,
(b) The college shall have authority to make such rules and regu:
lations, consistent with the provisions of this act, and to do any anc
all other acts consistent with the provisions of this act, which it find:
to be necessary or proper for the effective administration of this act.
(c) The college shall have power and authority to obtain, by leas
or purchase, such equipment, office accommodations, facilities, service:
and supplies, and to employ such technical or legal experts or assistant;
and such other employees, including clerical and stenographic help, a
it determines to be necessary or proper to carry out the provisions of thi
act, and to determine the qualifications, duties, and compensation of sucl
experts, assistants and other employees. , :
(d) All other agencies of this State are hereby authorized to assis
said college in carrying out the provisions of this act upon written re
quest of the college, in any manner determined by the college to b
necessary or appropriate for the effective administration of this act.
Section 8. Agricultural districts and communities.—(a) The colleg
shall designate within the State five agricultural districts, each of whic
shall be composed of one county or of two or more neighboring coun
ties. As far as practicable, such districts shall be so constituted as tc
contain approximately equal numbers of agricultural producers. Suct
districts shall include in the aggregate all of the land in the State. _
(b) The college shall also designate within each county of this State
such geographic units, which shall be called “communities,” as it de.
termines to be the most convenient for the administration of this ac
and of State plans adopted pursuant to this act, and shall establist
the boundaries of such communities.
(c) The college may revise the boundaries of such agricultural dis.
tricts and of such communities, in conformity with the respective stand.
ards prescribed herein, at such time or times as it finds that such re-
vision is necessary either to cause such districts or communities, or both.
to conform to said standards or to provide for the more substantial ot
more efficient accomplishment of the purposes of this act.
Section 9. Community and county committees.—The college shall
by regulations provide:
(1) For the organization within each community of a voluntary
association, in which all agricultural producers who are citizens of this
State and residents in such community shall be entitled to equal par-
ticipation; for the selection by each such association of a community
committee, composed of three members of such association; and for
the selection of one member of each such community committee as its
chairman.
(Z) For the selection by the members of such community commit-
tees within each county of a county committee for such county, com-
posed of three members of such community committees, and for the
selection of one member of each such county committee as its chairman.
Section 10. State Advisory Board.—(a) The college shall by regu-
lations provide for the selection in each agricultural district by the chair-
men of the county committees in such district of one person of legal
age, resident in this State, who shall be selected from the standpoint
of his qualification by actual farming experience and comprehensive
understanding of the agricultural problems of this State, to act as a
farmer member of a State Advisory Board.
(b) The State Commissioner of Agriculture and Immigration, or,
in the discretion of the State Board of Agriculture and Immigration,
such other representative of the State Department of Agriculture and
immigration as may be designated by the said State Board of Agricul-
ure and Immigration, shall be a member of the said State Advisory
Board. The State Advisory Board shall advise the college with re-
yard to all matters of major importance in carrying out the provisions
yf this act. a ,
Section 11. Reports.—The college shall compile or require to be
nade such reports as it determines to be necessary or proper, including
eports designed to ascertain whether any plans provided for in this
ct are being carried out according to their terms. The college shall
rovide for compliance, on the part of all persons and agencies partici-
ating in the administration of any such plan, with such requirements,
nd may make, or cause to be made, such investigations as it determines
o be necessary or proper to assure the correctness of and to make pos-
ible the verification of such reports.
Section 12. Appropriation—In order to provide funds necessary
o carry out the provisions of this act, there is hereby appropriated to
he Virginia Agricultural and Mechanical College and Polytechnic In-
stitute as such State agency, out of any funds in the State treasury not
»therwise appropriated, the sum of ten thousand dollars or so much
thereof as may be necessary for said purpose. The money hereby
ippropriated shall be paid by the State Treasurer on warrants of the
Comptroller issued on vouchers signed by the president of the said col-
ege or such other person or persons as shall be designated by the col-
lege for such purpose.
Section 13. Provisions for separability—Should any provision,
clause, paragraph, section, or parts of this act be held invalid, it 1s
hereby declared to be the legislative intent that the remainder of this
act shall be in full force and effect and that the terms thereof are feas-
‘ble and that the same would have been enacted without such pro-
vision, clause, paragraph, section, or parts, had such invalidity been
apparent.
2. All acts and parts of acts inconsistent with the provisions of this
act are hereby repealed to the extent of such inconsistency.