CHAPTER 199

An Act to validate all proceedings in the creation of all sanitary districts
en the State of Virginia, and all proceedings in connection with bond
issues of such sanitary districts. S 883)

[

Approved March 31, 1966

Be it enacted by the General Assembly of Virginia:

1. § 1. All proceedings heretofore taken in the creation of sanitary dis-
tricts of whatsoever kind in the State of Virginia, whether under general
law or special act, are hereby validated, ratified, approved and confirmed,
and all such districts so created or attempted to be created thereunder are
hereby declared to have been validly created and established, notwith-
standing any defects or irregularities in the creation thereof. .

§ 2. All proceedings heretofore taken and all elections heretofore
held in sanitary districts of whatsoever kind in the State of Virginia,
whether under general law or special act, to provide for, and with respect
to, the contracting of bonded indebtedness and the authorization, issuance,
sale, execution and delivery of bonds by or on behalf of all such sanitary
districts, are hereby validated, ratified, approved and confirmed, not-
withstanding any lack of power of the governing body of the county in
which any such district is located to authorize and issue such bonds, or to
authorize the execution, sale or delivery thereof, and notwithstanding
any defects or irregularities in any such proceedings or elections, or in
such execution, sale or delivery; and such bonds so issued or to be issued
are and shall be binding, legal, valid and enforceable obligations of any
such sanitary districts, notwithstanding any statutory limitation on the
amount thereof.

§ 3. It is the intention of the General Assembly that this act shall
be liberally construed to effectuate the purposes set out herein, and if
any clause, sentence, paragraph or section of this act shall ever be de-
clared unconstitutional, it shall be deemed severable, and the remainder
of this act shall continue in full force and effect.

2. An emergency exists and this act is in force from its passage.
£406 £400 UO CNC C1 TOCCTKMOL § VUr4, GS CIC, UJ LO UUGC UF VY tT tru,

relating to the definition of “employee” for purposes of the Work-
men’s Compensation Act.

[S 840)

Approved March 81, 1966

Be it enacted by the General Assembly of Virginia:

1. That § 65-4, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 65-4. Unless the context otherwise requires “employee” includes
every person, including a minor, in the service of another under any con-
tract of hire or apprenticeship, written or implied, except one whose
employment is not in the usual course of the trade, business, occupation 0)
profession of the employer; and as relating to those so employed by the
State the term “employee” includes the officers and members of the nationa
guard, the Virginia State guard and the Virginia reserve militia, registerec
members on duty or in training of the United States Civil Defense Corp:
of this State, the forest wardens, the judges, clerks and other employees
of regional juvenile and domestic relations courts and all other officers anc
employees of the State, except only such as are elected by the people or by}
the General Assembly, or appointed by the Governor, either with or with.
out the confirmation of the Senate, provided that this exception shall not
apply to any “State employee” as defined in paragraph (5) of § 51-111.1¢
nor to members of the Industrial Commission and the State Corporatior
Commission, nor to the Superintendent of State Police; as relating t
municipal corporations and political subdivisions of the State, the tern
“employee” includes all officers and employees thereof, except such as ar
elected by the people or by the governing body of the municipal corporatior
or political subdivision who act in purely administrative capacities anc
are to serve for a definite term of office. Policemen and firemen, anc
sheriffs and their deputies, town and city sergeants and town and city
deputy sergeants, county and city commissioners of the revenue, county
and city treasurers, attorneys for the Commonwealth, clerks of courts 0:
record, juvenile and domestic relations courts and county and municipa
courts, and their deputies, officers and employees, shall be deemed to b
employees of the respective cities, counties or towns in which their service:
are employed and by whom their salaries are paid or in which their com
pensation is earnable. Every executive officer elected or appointed am
empowered in accordance with the charter and by-laws of a corporation
municipal or otherwise, shall be an employee of such corporation unde
‘this act, except as otherwise provided herein with respect to municipa
corporations and political subdivisions of the State. Any reference to a1
-employee who has been injured shall, when the employee is dead, includ
also his legal representative, dependents and other persons to whom com
pensation may be payable. For the purpose of this act the average weekl;
wage of the noncommissioned officers and members of the national guard
‘the Virginia State guard and the Virginia reserve militia, registerec
‘members on duty or in training of the United States Civil Defense Corp
‘of this State, and forest wardens, shall be deemed to be such amount a:
‘will entitle them to the maximum compensation payable under this Act
‘provided, however, that any award entered under the provisions of thi
title on behalf of officers, noncommissioned officers or members of th
national guard, or their dependents, or registered members on duty or i
training of the United States Civil Defense Corps of this State or thei
dependents, shall be subject to credit for benefits paid them under existin;
or future federal law on account of injury or occupational disease covered
by the provisions of the Virginia Workmen’s Compensation Act.