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 | 1940 |
---|---|
Law Number | 344 |
Subjects |
Law Body
Chap. 344.—An ACT to amend and re-enact Sections 1, 4, 8, 13, 14, 19, 26, 27, 36,
37, 43, 44, 49, 56, 57, 58, 59, 60, 65, 66, 68, and 69 of Chapter 379 of the Acts
of the General Assembly of 1938, approved March 31, 1938, and known, desig-
nated and cited as the Virginia Public Assistance Act of 1938; to further amend
the said Virginia Public Assistance Act of 1938 by adding thereto a new section
numbered 31-a, relating to procedure when a change of residence of a recipient
of aid occurs; and to repeal sections 67 and 70-a of the said Virginia Public
Assistance Act of 1938, the said sections relating to appropriations, and to the
continuation of the Public Assistance Act of 1936, respectively. [S B 178]
Approved March 30, 1940
1. Be it enacted by the General Assembly of Virginia, That
sections one, four, eight, thirteen, fourteen, nineteen, twenty-six,
twenty-seven, thirty-six, thirty-seven, forty-three, forty-four, forty-
nine, fifty-six, fifty-seven, fifty-eight, fifty-nine, sixty, sixty-five,
sixty-six, sixty-eight, and sixty-nine of chapter three hundred and
seventy-nine of the Acts of the General Assembly of nineteen hundred
and thirty-eight, approved March thirty-first, nineteen hundred and
thirty-eight, and known, designated and cited as the Virginia Public
Assistance Act of nineteen hundred and thirty-eight, be amended and
re-enacted and that the said Virginia Public Assistance Act of nineteen
hundred and thirty-eight be further amended by adding thereto a
new section numbered thirty-one-a, so that the said amended sections
and the said new section shall read as follows:
Section 1. Definitions.—The following terms, whenever used or
referred to in this act, shall have the following meaning unless a
different meaning clearly appears from the context: :
(a) ‘Applicant’? means a person who applies for public assist-
ance, or for whom assistance is applied for, under this act, except
that in title three of this act it means a person who applies for old
age assistance, and in title five of this act it means a blind person
who applies for aid to the blind or for whom aid to the blind is applied
for, under this act;
(b) ‘‘Aid” in title four of this act means aid to dependent chil-
dren; ‘‘aid”’ in title five of this act means aid to the blind;
(c) ‘Aid to dependent children’”” means money payment with
respect to a dependent child or dependent children;
(d) “Aid to the blind’ means money payments to blind indi-
viduals;
(e) ‘‘Assistance’”’ means old age assistance;
(f) ‘Blind person’’ means an individual who has, with correcting
glasses, twenty two hundredths (20/200) vision or less in the better
(g) ‘‘Commission’”’ means the Virginia Commission for the Blind;
(h) “Commissioner” means the State commissioner of public
(i) “Dependent child’? means a child under the age of sixteen
who has been deprived of parental support or care by reason of the
death, continued absence from the home, or physical or mental in-
capacity of a parent, and who is living with his father, mother, grand-
father, grandmother, brother, sister, stepfather, stepmother, step-
brother, stepsister, uncle, or aunt, in a place of residence maintained
by one or more of such relatives as his or their own home;
(j) “Federal Social Security Board’? means the Social Security
Board created under Title VII of the Federal Social Security Act,
enacted by the congress of the United States and approved August
fourteenth, nineteen hundred and thirty-five, and any department or
agency which may hereafter be designated or created as the successor
of the said board;
(k) ‘General relief’? money payments and other forms of relief
provided for in title six of this act;
(1) ‘Local board” means the local board of public welfare in each
county and each city of the second class, and the officer in charge of
the department or division of public welfare in a city of the first class,
as provided in section six of this act;
(m) “Local superintendent” means the local superintendent of
public welfare provided for in section eight of this act;
(n) ‘Old age assistance’? means the money payments to needy
persons sixty-five years of age or older, as provided for in title three
of this act;
(0) ‘‘Person’’ means an individual;
(p) ‘Public assistance” means and includes assistance, old age
assistance, aid, aid to dependent children, aid to the blind, and general
relief;
(q) ‘‘Recipient’”’ means any person who receives public assistance
under this act, except that in title three it means any person who
receives old age assistance, and in title five it means any person who
receives aid to the blind;
(r) ‘‘Secretary’”” means the executive secretary of the Virginia
Commission for the Blind;
(s) ‘State board” means the State Board of Public Welfare;
(t) Words denoting the masculine gender also include the femi-
nine.
Section 4. Functions, Duties and Powers of State Board.—In
addition to the functions, duties and powers conferred and imposed
upon the State board by other provisions of law, the State board
shall, except as otherwise provided in title five of this act with reference
to aid to the blind and the Virginia Commission for the Blind.
(a) Supervise the administration of this act;
(b) Make such rules and regulations, not in conflict with this
act, as may be necessary or desirable to carry out the true purpose
and intent of this act and to provide for the proper supervision and
administration of this act; such rules and regulations shall be binding
on all officers, agents, and employees, State and local, engaged in the
administration of the provisions of this act;
(c) Establish minimum standards of service and personnel based
upon training, experience, and general ability for the personnel em-
ployed by the commissioner, local boards and local superintendents
in the administration of this act and make necessary rules and regu-
lations to maintain such standards, including such rules and regula-
tions as may be embraced in the development of a system of personnel
administration meeting requirements of the Federal Social Security
Board.
(d) Cooperate with local boards in administering the provisions
of this act;
(e) Cooperate with the Federal Social Security Board, and other
agencies of the United States, in any reasonable manner that may be
necessary for this State to qualify for and to receive grants or aid
from the Federal Social Security Board, the United States, and other
agencies thereof for old age assistance and aid to dependent children
in conformity with the provisions of this act, including the making
of such reports in such form and containing such information as the
Federal Social Security Board, or such other agencies of the United
States, may from time to time require, and to comply with such pro-
visions as the Federal Social Security Board, and other agencies of
the United States, may from time to time find necessary to assure
the correctness and verification of such reports;
(f) Submit to the Governor and publish an annual report, not
later than four months after the close of each fiscal year, showing for
such year the total amount of money paid or distributed hereunder,
the total number of persons who received old age assistance, aid to
dependent children, and general relief, and such other information
as the State board may deem advisable to show the operations of
the State board, the commissioner, and the local boards under the
provisions of this act; and,
(zg) Generally do all such other things, not in conflict with the
provisions of this act, as may be deemed necessary or advisable by
the State board for the purpose of carrying into effect the provisions
of this act.
(h) The State board is also authorized to receive, for and on
behalf of the State and its subdivisions, from the United States and
agencies thereof, and from any and all other sources, grants-in-aid
and gifts, made for the purpose of providing, or to assist in providing,
for old age assistance, aid to dependent children, and general relief,
or any of them, including expenses of administration; all such funds
shall be paid into the State treasury.
Section 8. Local Superintendent; Local Employees.—(a) Subject
to the personnel standards and rules and regulations of the State
board the local board in each county and city shall appoint a super-
intendent of public welfare, referred to in this act as a “local super-
intendent” and shall either employ, or authorize the local superin-
tendent to employ, such other employees as may be required by the
State board to administer this act in such county or city. The local
superintendent shall be appointed from a list of eligibles furnished by
the commissioner and in any county in which the clerk of the board
of supervisors is some person other than the county clerk and in
which county such clerk of the board of supervisors acts as executive
manager of the county under appointment by said board by virtue
of the provisions of section twenty-seven hundred and seventy-a of
the Code of Virginia, the executive manager may, if approved by the
commissioner, be appointed or designated as local superintendent.
(b) The local superintendent shall serve at the pleasure of the
local board; the other employees shall serve at the pleasure of the
local board, or if employed by the local superintendent shall serve at
the pleasure of the local superintendent.
(c) Any local superintendent and any such employee who does
not meet the personnel standards established by the State board may
be removed by the commissioner.
(d) The local superintendent shall be paid such compensation by
his county or city as shall be fixed by the local board thereof. Other
persons, employed hereunder by the local board or local superin-
tendent of any county or city shall be paid such compensation by
such county or city as shall be fixed by the local board, or local super-
intendent, as the case may be, by whom they are appointed.
(e) Except as otherwise provided in this act, all existing pro-
visions of law in relation to superintendents of public welfare of
counties and of cities of the second class shall continue in force.
(f) If in any city of the first class the designation of the local
superintendent as ‘‘superintendent of public welfare’ conflicts with
the title of any other officer therein, the official title of such local
superintendent shall be fixed by the local board, subject to approval
of the commissioner, so as to distinguish the local Sipe REnE EI
from such other officer or officers.
(g) The terms of all superintendents of public weliure of counties
and of cities of the second class in office on the day immediately pre-
ceding the effective date of this act shall expire at the same time
that this act takes effect.
(h) Notwithstanding the foragatay provisions of this section,
except those provisions relating to personnel standards and rules and
regulations of the State board, in any county which has adopted, or
shall hereafter adopt, the county executive form of organization and
government, and in any county in which the clerk of the board of
supervisors is some person other than the county clerk and in which
county such clerk of the board of supervisors acts as executive manager
of the county under appointment by said board by virtue of the provi-
sions of section twenty-seven hundred and seventy-a of the Code of
Virginia, the board of county supervisors or board of supervisors,
shall while such form of organization and government remains in
effect in such county, appoint the local superintendent, to serve at the
pleasure of the board of county supervisors, or board of supervisors,
and fix his compensation, and employ such other employees to serve
at the pleasure of the board of county supervisors, or board of super-
visors, as may be required in the administration of this act in such
county, and fix their compensation; the board of county supervisors
or board of supervisors, may, however, authorize the local board to
exercise all such powers, or authorize the local board to exercise such
powers in so far as they relate to the local superintendent and the
local superintendent to exercise such powers in so far as they relate
to the employees required in the administration of this act in such
county.
Section 13. Decision of Local Board.—(a) Upon completion of
the investigation, the local board shall determine whether the appli-
cant is eligible for assistance under the provisions of this act, and, if
eligible, the amount of such assistance and the date upon which such
assistance shall begin. If the local board approves the payment of
assistance, such assistance shall thereupon, until changed, modified,
or revoked, be paid as hereinafter provided.
(b) The amount of assistance which any person shall receive
shall be determined with due regard to the property and income of the
person and any support which he may or should receive from other
sources, including assistance from persons legally responsible for his
support, the necessary expenditures of the individual and the condi-
tions existing in each case, and in accordance with rules and regula-
tions made by the State board and shall be sufficient, when added to
all other income and support of the recipient, to provide such person
with a reasonable subsistence; but in no case shall such assistance be
an amount which shall exceed a total of twenty dollars per month.
(c) If the local board finds that the applicant is not entitled to
assistance under this act it shall deny the application.
(d) As soon as the local board makes its decision, it shall notify,
in writing, the applicant thereof.
(e) The local board shall preserve, for such length of time as the
State board may prescribe, a record of the decision of the local board
and all supporting documents and records, including the findings and
recommendations of the local superintendent. The State board may
by rule or regulation require that the local board transmit to the com-
missioner, immediately upon its decision in any case, a record of the
decision and a duplicate or copy of all such supporting documents and
records, including the findings and recommendations of the local
superintendent.
Section 14. Limitations As to Assistance and Pensions Which
One May Receive.—Except as otherwise provided in this section, no
person receiving assistance under the provisions of this act shall at
the same time receive any other public assistance, general relief, or
relief from the State or from any instrumentality or political sub-
division of the State, except for temporary medical or surgical assist-
ance.
Section 19. Change in Condition of Recipient.—If at any time
during the continuance of assistance a recipient shall become possessed
of any property or income in excess of the amount stated in the appli-
cation for such assistance, or if there occurs any change in circum-
stances which affects the eligibility of such recipient, it shall be the
duty of such recipient to notify immediately the local board of the
receipt or possession of such property or income, or of such change in
circumstances, and thereupon the local board may either cancel the
assistance, or alter the amount thereof. Any assistance or part
thereof previously paid may be recovered as a debt.
Section 26. Penalties.—(a) Whoever obtains, or attempts to ob-
tain, or aids or abets any person to obtain by means of a wilfully false
statement or representation, or by impersonation, or other fraudulent
device,
(1) Assistance to which he is not entitled, or
(2) Assistance greater than that to which he is justly entitled, or
(3) Payment of any forfeited installment grant,
shall be guilty of a misdemeanor, and upon conviction, shall be
punished accordingly.
(b) Whoever knowingly aids or abets in buying or in any way
disposing of the property of a recipient of assistance, without the
consent of either the local board or the commissioner, shall be guilty
of a misdemeanor, and upon conviction, shall be punished accordingly.
(c) If any person shall fail or refuse to obey any subpoena issued
under the provisions of section nine of this act, or shall charge or
receive any fee contrary to the provisions of section sixty-two of this
act, he shall be guilty of a misdemeanor, and upon conviction, shall
be punished accordingly.
(d) If any person wilfully discloses information concerning appli-
cants and recipients to purposes other than those directly connected
with the administration of old age assistance, he shall be guilty of a
misdemeanor, and upon conviction, shall be punished accordingly.
Section 27. Eligibility for Aid to Dependent Children.—A de-
ee child shall be eligible for aid to dependent children if such
chi
(a) Has not attained the age of sixteen years, or if regularly at
tending school has not attained the age of eighteen years;
(b) Has resided in this State for one year immediately preceding
the application for aid to dependent children, or was born within this
State within one year immediately preceding such application if its
pee resided in this State for one year immediately preceding such
irth; | .
(c) Is deprived of parental support or care by reason of the
death, continued absence from home, or physical or mental incapacity
of a parent; ne .
(d) Is living with his father, mother, grandfather, grandmother,
brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle
or aunt in a place of residence maintained by one or more of such
relatives as his or their own home; and
(e) Is needy and in need of public assistance.
Section 31-a. Change of Residence.—Any recipient of aid who
moves from one county or city in this State into another county or
city therein, shall thereafter be treated as if the grant of aid had been
made by the county or city into which he moves, and the local board
of the county or city from which he moves shall transfer all necessary
records relating to the recipient to the local board of the county or
city into which such recipient moves.
Section 36. Penalties——(a) Any person who shall by means of
any wilfully false statement or representation, or by impersonation,
or other fraudulent device, shall cause the payment of aid to any
person not entitled thereto under the provisions of this act, shall be
guilty of a misdemeanor, and upon conviction, shall be punished
accordingly. |
(b) Any person who shall fail or refuse to obey any subpoena
issued under the provisions of section nine of this act, shall be guilty
of a misdemeanor, and upon conviction, shall be punished accordingly.
(c) If any person wilfully discloses information concerning appli-
cants and recipients to purposes other than those directly connected
with the administration of aid to dependent children he shall be
guilty of a misdemeanor, and upon conviction, shall be punished
accordingly.
Section 37. Functions, Duties and Powers of Commission.—In
addition to the functions, duties and powers conferred and imposed
upon the commission by other provisions of law, the commission shall,
as to matters relating to aid to the blind,
(a) Supervise the administration of this act;
(b) Make such rules and regulations, not in conflict with this act,
as may be necessary or desirable to carry out the true purpose and
intent of this act and to provide for the proper supervision and ad-
ministration of this act; such rules and regulations shall be binding
on all officers, agents and employees, State and local, engaged in the
administration of the provisions of this act;
(c) Establish minimum standards of service and personnel based
upon training, experience and general ability for the personnel em-
ployed by the commission and the secretary in the administration of
this act and make necessary rules and regulations to maintain such
standards, including such rules and regulations as may be embraced
in the development of a system of personnel administration meeting
requirements of the Federal Social Security Board.
(d) Cooperate with local boards in administering the provisions
of this act.
(e) Cooperate with the Federal Social Security Board, and other
agencies of the United States, in any reasonable manner that may be
necessary for this State to qualify for and to receive grants or aid
from the Federal Social Security Board, the United States, and other
agencies thereof for aid to the blind in conformity with the provisions
of this act, including the making of such reports in such form and
containing such information as the Federal Social Security Board, or
such other agencies of the United States, may from time to time
require, and to comply with such provisions as the Federal Social
Security Board, and other agencies of the United States, may from
time to time find necessary to assure the correctness and verification
of such reports;
(f) Submit to the Governor and publish an annual report, not
later than four months after the close of each fiscal year, showing for
each year the total amount of money paid or distributed hereunder,
the total number of blind persons who received aid to the blind, and
such other information as the commission may deem advisable to
show the operations of the commission, the secretary and the local
boards under the provisions of this act;
(g) Generally do all such other things, not in conflict with the
provisions of this act, as may be deemed necessary or advisable by
the commission for the purpose of carrying into effect the provisions
of this act.
(h) The commission is also authorized to receive, for and on
behalf of the State and its subdivisions, from the United States and
agencies thereof, and from any and all other sources, gifts and grants-
in-aid, made for the purpose of providing, or to assist in providing, for
aid to the blind, including expenses of administration; all such funds
shall be paid into the State treasury.
Section 43. Decision of Local Board.—(a) Upon completion of
the investigation, the local board shall determine whether the appli-
cant is eligible for aid to the blind under the provisions of this act, and,
if eligible, the amount of such aid and the date upon which such aid
shall begin. If the local board approves the payment of aid to the
blind, such aid shall thereupon, until changed, modified or revoked, be
paid as hereinafter provided.
(b) The amount of aid which any blind person shall receive shall
be determined with due regard to the property and income of the
blind person and any support which he may or should receive from
other sources, including assistance from persons legally respsonsible
for his support, the necessary expenditures of the individual and the
conditions existing in each case, and in accordance with rules and
regulations made by the commission and shall be sufficient, when
added to all other income and support of the recipient, to provide
such blind person with a reasonable subsistence; but in no case shall
such aid be an amount which when added to the income of the recipient
from all other sources shall exceed a total of thirty dollars per month
except that any casual gift of local charity coming from a person or
persons not related to recipient need not be counted as income in
making up the sum of thirty dollars.
(c) If the local board finds that the applicant is not entitled to
aid to the blind under this act it shall deny the application.
(d) As soon as the local board makes its decision, it shall notify,
in writing, the applicant thereof.
(e) The local board shall preserve, for such length of time as the
commission may prescribe, a record of the decision of the local board
and all supporting documents and records, including the findings and
recommendations of the local superintendent. The commission may
by rule or regulation require that the local board transmit to the
secretary, immediately upon its decision in any case, a record of the
decision and a duplicate or copy of all such supporting documents
and records, including the findings and recommendations of the local
superintendent.
Section 44. Limitations as to Aid to the Blind and Pensions
Which One May Receive.—Except as otherwise provided in this sec-
tion, no blind person receiving aid under the provisions of this act
shall at the same time receive any other public assistance, general
relief, or relief from the State or from any instrumentality or political
subdivision of the State, except for temporary medical or surgical
assistance.
Section 49. Change in Condition of Recipient.—If at any time
during the continuance of aid to the blind a recipient shall become
possessed of any property or income in excess of the amount stated
in the application for such aid, or if there occurs any change in cir-
cumstances which affects the eligibility of such recipient, it shall be
the duty of such recipient to notify immediately the local board of
the receipt or possession of such property or income, or of such change
in circumstances, and thereupon the local board may, after a fair
hearing, either cancel the aid to the blind, or alter the amount thereof.
Any aid to the blind, or part thereof, previously paid may be recov-
ered as a debt.
Section 56.—Penalties——(a) Whoever obtains, or attempts to
obtain, or aids or abets any person to obtain by means of a wilfully
false statement or representation, or by impersonation, or other
fraudulent device,
(1) Aid to which he is not entitled, or
(2) Aid greater than that to which he is justly entitled, or
(3) Payment of any. forfeited installment grant, shall be guilty
of a misdemeanor, and upon conviction, shall be punished accordingly.
(b) Whoever knowingly aids or abets in buying or in any way
disposing of the property of a recipient of aid to the blind, without
the consent of either the local board or the secretary, shall be guiltv
of a misdemeanor, and upon conviction, shall be punished accordingly.
(c) If any person shall fail or refuse to obey any subpoena issued
under the provisions of section thirty-nine of this act, or shall charge
or receive any fee contrary to the provisions of section sixty-two of
this act, he shall be guilty of a misdemeanor and upon conviction
shall be punished accordingly.
(d) If any person wilfully discloses information concerning appli-
cants and recipients to purposes other than those directly connected
with the administration of aid to the blind, he shall be guilty of a
misdemeanor, and upon conviction shall be punished accordingly.
Section 57. Eligibility for General Relief—A person shall be
eligible for general relief if such person
(a) Is destitute and is in need of public relief;
(b) Is not an inmate of or being maintained by any county,
municipal, State, or national institution at the time of receiving such
relief; such inmate may, however, make application for relief, but such
relief, if granted, shall not begin until after he ceases to be such inmate.
Section 58.—(a) Applications.—Application for general relief under
this act shall be made to the local board, and filed with the local
superintendent, of the county or city in which the applicant resides.
The application shall be in writing on forms prescribed by the com-
missioner and shall be signed by the applicant. Such application shall
contain a statement of the amount of property, real and personal, in
which the applicant has an interest, and of all income which he may
have at the time of filing the application, and such other information
as the commissioner may require. The State board may, by rule or
regulation, require the local boards to have all such applications made
in duplicate, and to transmit such duplicate copies to the commissioner.
(b) Procedure Upon Receipt of Application—Upon receipt of the
application for general relief, the local board shall require the local
superintendent to make a prompt investigation and record of the
circumstances of the applicant to determine the completeness and
correctness of the statements contained in the application, and to
ascertain the facts supporting the application, and such other infor-
mation as it may deem proper or which may be required by the com-
missioner. Upon completion of his investigation the local superin-
tendent shall submit his findings and recommendations in writing to
the local board.
(c) Decision of Local Board.—(1) Upon completion of the in-
vestigation the local board shall determine whether the applicant is
eligible for general relief under the provisions of this act, and, if
eligible, the amount of such general relief and the date upon which
such general relief shall begin. If the local board approves the pay-
ment of general relief, such general relief shall thereupon, until changed,
modified, or revoked, be paid as hereinafter provided.
(2) The amount of general relief which any person shall receive
shall be determined with due regard to the property and income of
the person and any support which he may or should receive from other
sources, including assistance from persons legally responsible for his
support, the necessary expenditures of the individual and the condi-
tions existing in each case, and in accordance with rules and regula-
tions made by the State board, and shall be sufficient, when added
to all other income and support of the recipient, to provide such
person with a reasonable subsistence.
(3) If the local board finds that the applicant is not entitled to
general relief under this act it shall deny the application.
(4) The local board shall preserve, for such length of time as the
State board may prescribe, a record of the decision of the local board
and all supporting documents and records, including the findings and
recommendations of the local superintendent. The State board may
by rule or regulation require that the local board transmit to the
commissioner, immediately upon its decision in any case, a record of
the decision and a duplicate or copy of all such supporting documents
and records, including the findings and recommendations of the local
superintendent.
(d) Temporary Relief.—The State board may, by rule or regu-
lation authorize the superintendent to provide immediate and tem-
porary relief to persons pending action of the local boards.
Section 59.—(a) Payment of General Relief.—General relief shall
be paid monthly or at such other time or times as the rules and regula-
tions of the State board may provide, to the applicant by the treasurer
or other disbursing officer of the county or city, upon order of the
local board of such county or city, from funds appropriated or made
available for such purpose by the board of supervisors, council or
other governing body of such county or city.
(b) Reconsideration and Changes in Amount of Assistance.—(1)
All general relief grants made under this act shall be reconsidered by
the local board as frequently as may be required by the rules and
regulations of the State board and at such other times as the local
board shall deem proper. After such further investigation as the local
board may deem necessary, or the State board may require, the
amount of general relief may be changed, or may be entirely with-
drawn if the local board finds that the recipient’s circumstances have
altered sufficiently to warrant such action.
(2) The local board may at any time cancel and revoke general
relief for cause, and it may, for cause, suspend same for such period
as it may deem proper.
(3) Whenever general relief is thus withdrawn, revoked, sus-
pended, or in any way changed, the local board shall at once notify
the applicant or recipient involved and shall, if required by rule and
regulation of the State board, report to the commissioner the decision
of the local board and a record of its investigation.
(c) Change in Condition of Recipient.—If at any time during the
continuance of general relief the circumstances of the recipient shall
be altered in such manner as to affect his eligibility or the amount of
relief which thereafter should be paid, it shall be the duty of the
recipient to notify the local superintendent of such change in circum-
stances and it shall further be the duty of the superintendent to be
currently informed on the status of the recipient who shall report such
change to the local board, and thereupon the local board shall take
such action as the circumstances indicate.
Section 60. Penalties.—(a) Whoever obtains, or attempts to
obtain, or aids or abets any person to obtain by means of a wilfully
false statement or representation, or by impersonation, or other frau-
dulent device,
(1) General relief to which he is not entitled, or
(2) General relief greater than that to which he is justly entitled,
or
(3) Payment of any forfeited installment grant shall be guilty of
a misdemeanor, and upon conviction, shall be punished accordingly.
(b) Whoever knowingly aids or abets in buying or in any way
disposing of the property of a recipient of general relief, without the
consent of either the local board or the commissioner, shall be guilty
of a misdemeanor, and upon conviction, shall be punished accordingly.
(c) If any person shall fail or refuse to obey any subpoena issued
under the provisions of section nine of this act, or shall charge or
receive any fee contrary to the provisions of section sixty-two of this
act, he shall be guilty of a misdemeanor and, upon conviction, shall be
punished accordingly.
(d) Any person who wilfully discloses information concerning
applicants and recipients to purposes other than directly connected
with the administration of general relief shall be guilty of a misde-
meanor and, upon conviction, shall be punished accordingly.
Section 65. Reimbursement of Localities by the State-——(a) The
commissioner shall monthly reimburse each county and city to the
extent of one dollar of State money for each sixty (60) cents of local
money expended for old age assistance, aid to dependent children, and
general relief, under the provisions of this act. Such funds as are
received from the United States and agencies thereof as grants-in-aid
for the purpose of providing, or assisting in providing, for old age
assistance, aid to dependent children, and general relief, shall monthly
be paid by the commissioner to each county and city as reimburse-
ment of the federal share of such grants as have been paid by each
county and city under the provisions of this act. Administrative ex-
penditures incurred by the localities in connection with aid to the
needy aged, aid to dependent children, and general relief, shall be
ascertained by the State board, and the commissioner shall monthly
reimburse each county and city therefor out of State and federal
funds in an amount not less than fifty per centum nor more than
sixty-two and one-half per centum of such administrative costs.
(b) Claims for reimbursement shall be presented by the local
board to the commissioner, and shall be itemized and verified in such
manner as the commissioner may require. Such claims shall, upon
the approval of the commissioner, be paid out of funds appropriated
by the State and funds received from the federal government for the
purposes of this act, to the treasurer or other fiscal officer of the said
county or city.
Section 66. Reimbursement of Localities by the State.—(a) The
secretary shall monthly reimburse each county and city to the extent
of one dollar of State money for each sixty (60) cents of local money
expended for aid to the blind under the provisions of this act. Such
funds as are received from the United States and agencies thereof as
grants-in-aid for the purpose of providing, or assisting in providing,
for aid to the blind shall monthly be paid by the secretary to each
county and city as reimbursement of the federal share of such grants
as have been paid by each county and city under the provisions of this
act. Administrative expenditures incurred by the localities in con-
nection with aid to the blind shall be ascertained by the State board
and the secretary shall monthly reimburse each county and city
therefor out of State and federal funds in an amount not less than
fifty per centum nor more than sixty-two and one-half per centum of
such administrative costs.
(b) Claims for reimbursement shall be presented by the local
board to the secretary and shall be itemized and verified in such
manner as the secretary may require. Such claims shall, upon the
approval of the secretary, be paid out of funds appropriated by the
State and funds received from the federal government for the pur-
poses of this act to the treasurer or other fiscal officer of the said
county or city.
Section 68. (a) Expenditures by Commission.—Such appropria-
tions as are made to the commission by the General Assembly for
carrying out the provisions of this act relating to aid to the blind
shall be expended for the following purposes:
(1) Paying such reasonable portion of the per diem and expenses
of the members of the commission, the expenses of the secretary, the
salaries and remuneration of agents and employees of the commission
and of the secretary as shall be chargeable for the administration of
this act,
(2) Paying all costs and expenses incurred by the commission
and the secretary in the administration of this act,
(3) Reimbursing the counties and cities to the extent provided
in section sixty-six of this act, and
(4) Paying to the United States such portion of the net amounts
collected by local boards from recipients of aid to the blind and estates
of recipients of aid to the blind pursuant to the provisions of section
fifty of this act, as shall be required as a condition of financial partici-
pation by the United States in the plan for aid to the blind, provided
for by this act. |
(b) For like purposes there is also appropriated all funds which
shall, pursuant to section fifty-one of this act be paid into the State
treasury on or before June thirtieth, nineteen hundred and forty-two.
(c) All funds received from the United States and agencies
thereof, and from other sources, as grants-in-aid and gifts, for the
purpose of providing, or to assist in providing, for aid to the blind
and paid into the State treasury on or before June thirtieth, nineteen
hundred and forty-two shall be used to assist in the expenditures and
reimbursements as provided in paragraphs numbered (one), (two),
and (three) of subsection (a) of this section. _
(d) Expenditures and disbursements of all amounts appropriated
for the foregoing purposes shall be made by the State Treasurer on
warrants of the Comptroller issued on vouchers signed by the secre-
tary or by such person or persons as shall be authorized and designated
by the secretary for such purpose.
Section 69. (a) Expenditures of State Board.—Such appropria-
tions as are made to the State board by the General Assembly for
carrying out the provisions of this act relating to old age assistance,.
aid to dependent children, general relief, and local administrative
reimbursements, shall be expended for the following purposes:
(1) . Paying such. portion of the per diem and expenses of the
members of the State, board, the expenses of the commissioner, the
salaries and remuneration of agents and employees of the State board
and of the commissioner, as shall be chargeable for the administration
of this act,
(2) Paying all costs and expenses incurred by the State board and
the commissioner in the administration of this act,
(3) Reimbursing the counties and cities to the extent provided in
section sixty-five of this act,
(4) Paying to the United States, for so long as such payment
shall be required, as a condition for financial participation by the
United States in the plan for old age assistance provided for by this
act, one-half of the net amounts collected by local boards trom recip-
ients and estates of recipients, pursuant to the provisions of this act.
(5) Allocations by State Board.—The State board shall deter-
mine what portion of the funds appropriated by the General Assembly
shall be used for old age assistance, aid to dependent children, and
general relief, respectively, including costs of administration and shall
allocate the said funds accordingly; the State board may during any
fiscal year make such changes in such allocations as the State board
shall deem proper. Provided, however, that the original annual
allocation of general relief funds to the several counties and cities shall
be on the basis of population as shown by the last preceding United
States census. If the population of any city has been, since the last
preceding United States census, or shall hereafter be increased through
the annexation of any territory, such increase shall for the purpose of
this act, be added to the population of such city as shown by the said
last preceding United States census, and a proper reduction made in
the population of the county or counties from which the said annexed
territory was or is acquired. Subsequent allocations to the localities
may, in the discretion of the State board, be based upon the need for
general relief funds in the respective localities.
(b) For like purposes there is also appropriated all funds which
shall pursuant to section twenty-one of this act, be paid into the State
treasury on or before June thirtieth, nineteen hundred and forty-two.
(c) All funds received from the United States and agencies
thereof, and from other sources, as grants-in-aid and gifts, for the
purpose of providing, or to assist in providing, for old age assistance,
aid to dependent children, and general relief, including the costs of
administration of these programs as set forth in this act and paid into
the State treasury on or before June thirtieth, nineteen hundred and
forty-two shall be used to assist in the expenditures and reimburse-
ments as provided in paragraphs numbered (one), (two), and (three)
of subsection (a) of this section. |
(d) Expenditures and disbursements of all amounts appropriated
for the foregoing purposes shall be made by the State treasurer on
warrants of the comptroller issued on vouchers signed by the com-
missioner, or by such person or persons as shall be authorized and
designated by the commissioner for such purposes.
2. Be it further enacted by the General Assembly of Virginia
that sections sixty-seven and seventy-a of chapter three hundred and
seventy-nine of the Acts of the General Assembly of nineteen hundred
and thirty-eight, approved March thirty-first, nineteen hundred and
thirty-eight, and known, designated and cited as the Virginia Public
Assistance Act of nineteen hundred and thirty-eight, be, and the
same are, hereby repealed.