Chap. 440.—An ACT to amend the Code of Virginia by adding thereto tw
new sections numbered 3516-a and 3516-b, relating to the compensation ¢
fee officers and providing for the creation and expenses of a State fe
commission. [S B 28]

Approved March 26, 1930

1. Be it enacted by the general assembly of Virginia, That tk
Code of Virginia be amended by adding thereto two new sectior
numbered thirty-five hundred and sixteen-a and thirty-five hundre
and sixteen-b, to read as follows:

Section 3516-a. In cities or counties having a population belo
fifteen thousand, every officer mentioned in subsection one of sectic
thirty-five hundred and sixteen of the Code shall be required to fi
with the comptroller the reports required by section thirty-five hundre
and sixteen of the Code and in such cities and counties the compens:
tion of all of the officers mentioned in subsection one of section thirt:
five hundred and sixteen of the Code shall not exceed four thousan
five hundred dollars per annum; provided, however, that the maximu
compensation allowed in any city of the first class with a populatic
of less than fifteen thousand inhabitants, exclusive of any compens:
tion allowed by their respective city councils, shall be five thousar
dollars. In determining the maximum compensation allowed to suc
officers, any compensation allowed to such officers by their respecti
city councils or county boards of supervisors other than commissions
fixed by the State law for collecting, disbursing, or in any way handling
taxes or levies, or for the discharge of any other duties imposed upon
such officers by the councils of such cities, boards of supervisors of the
county, or laws of this State, shall be disregarded to the extent of one
thousand dollars. The provisions of this section shall become effective
as to the officers in the counties mentioned herein on January first,
nineteen hundred and thirty, and the provisions of this section shall
become effective as to the officers in cities mentioned herein at the be-
ginning of the terms of offices to which they were elected at the general
election in November nineteen hundred and twenty-nine, except as to
officers in cities of the first class with a population below ten thousand
inhabitants according to the United States census of nineteen hundred
and twenty, in which cities the provisions of this section shall become
effective as to those officers on the beginning of the next term of their
office. Counties adjoining cities having a population of fifty thousand
or more being covered by section thirty-five hundred and sixteen of the
Code of Virginia, this section shall not apply thereto.

Section 3516-b. This and the two preceding sections of the Code
shall be administered by a commission hereby created, which shall con-
sist of the State comptroller, who shall be chairman, the State treasurer,
who shall be secretary, and the State tax commissioner, all of whom
shall serve on the commission without compensation. So much of
paragraph six of section thirty-five hundred and sixteen of the Code
as is in conflict with this provision is hereby repealed. All of the duties
imposed on the auditor of public accounts by section thirty-five hun-
dred and sixteen of the Code shall be performed by the comptroller.

Subject to the approval of the State fee commission, the council
of any city may enter into contracts with officers, providing for salaries
for the maximum amount allowed in subsection eight of section thirty-
five hundred and sixteen of the Code of Virginia and for the city’s pro
rata part of the expense of the office approved by the State fee com-
mission, in lieu of fees and commissions prescribed by law for services
performed for the city, which contracts may relieve the officer from
collecting such fees or commissions. In the event such contract is
entered into and approved by the State fee commission the officer and
the city shall not be liable to the State for the failure of such officer to
collect fees and commissions prescribed by law for services rendered
the city. A copy of every such contract, certified by the clerk of the
city council, shall be filed with the comptroller.

Any officer failing to comply with the duties imposed upon him by
the provisions of this and the two preceding sections of the Code shail
forfeit to the Commonwealth not less than twenty-five dollars nor more
than five hundred dollars for each such failure, such forfeiture to be
enforced by the circuit court of the city of Richmond at the instance
of the attorney general. | ,

2. A sum not in excess of one thousand dollars, out of the gross
amount of excess fees refunded under sections thirty-five hundred and
sixteen and thirty-five hundred and sixteen-a of the Code is set apart
annually to defray the expenses of the State fee commission, and is
hereby appropriated for that purpose.