Chap. 390.—An ACT to amend and re-enact Sections 19, 20, 21 of an act entitled
“An Act to reorganize the administration of the State government in order to
secure better service, and through co-ordination and consolidation, to promote
economy and efficiency in the work of the government; to create and establish
or continue certain departments, divisions, offices, officers, and other agencies,
and to prescribe their powers and duties; to abolish certain offices, boards,
commissions and other agencies, and to repeal all acts and parts of acts incon-
sistent with this act to the extent of such inconsistency.”, approved April 18,
1927, in relation to the Department of Conservation and Development, the De-
partment of Health, and the Department of Public Welfare, so as to re-arrange
the terms of the members of the Virginia Conservation Commission and the
Commission of Fisheries; to increase the membership of the Commission of
Game and Inland Fisheries, to prescribe the terms, compensation and certain
qualifications for the members thereof, to provide for the selection of an execu-
tive director thereby, and to prescribe his powers, duties and compensation; to
create a departmental committee on cooperation and co-ordination in the De-
partment of Conservation and Development; to transfer from the Department
of Agriculture and Immigration to the Department of Health the administration
of the laws relating to the inspection and sanitation of hotels, restaurants,
filling stations and tourist camps for the protection of the public health;
and to discontinue the Virginia Industrial School Board and the Virginia
Industrial School Board for Colored Children and to transfer their powers
and duties to the State Board of Public Welfare; to amend the said act
by adding a new section thereto, to be numbered Section 21%, to establish a
Department of Mental Hygiene and Hospitals; and to repeal subsection (c) of
Section 11 of the said act, in relation to the establishment, maintenance and
operation of a central mailing room. {[H B 103]

Approved April 3, 1942

1. Be it enacted by the General Assembly of Virginia, That sec-
tions nineteen, twenty, and twenty-one of an act entitled “An act to re-
organize the administration of the State government in order to secure
better service, and through co-ordination and consolidation, to promote
economy and efficiency in the work of the government; to create and
establish or continue certain departments, divisions, offices, officers, and
other agencies, and to prescribe their powers and duties ; to abolish certain
offices, boards, commissions and other agencies, and to repeal all acts and
parts of acts inconsistent with this act to the extent of such inconsist-
ency.”, approved April eighteenth, nineteen hundred and twenty-seven,
be amended and re-enacted, and a new section numbered section twenty-
one and one-half be added to the said act, which amended sections and
new section shall read as follows:

Section 19. Department of Conservation and Development.—The
Virginia Conservation Commission, the Commission of Game and Inland
Fisheries, the Commission of Fisheries and the Commissioner of Fisheries
shall be within the Department of Conservation and Development.
Thé Virginia Conservation Commission and the Commission of Fish-
eries shall each consist of a chairman and four additional members. They
shall be appointed by the Governor, subject to confirmation by the Gen-
eral Assembly, if in session when such appointments are made, and if not
in session, then at its next succeeding session. The chairman shall be
appointed as such by the Governor in each case. The chairman of the
Commission of Fisheries shall continue to be Commissioner of Fisheries,
and shall devote full time to the duties of the office. The chairman and
two members of the Virginia Conservation Commission, and the chairman
and two members of the Commission of Fisheries shall hold office at the
pleasure of the Governor for terms coincident with the term of each Gov-
ernor making the appointments, or until their successors shall be ap-
pointed and qualified, respectively. The remaining two members of each
such commission shall be appointed to hold office at the pleasure of the
Governor for a term of four years each, or until their successors shall be
appointed and qualified, respectively ; provided, however, that the first
appointments of such two members in each case shall be made to expire
on the thirtieth day of June, nineteen hundred and forty-four and subse-
quent appointment of such two members shall be made to expire on the
thirtieth day of June of every fourth year thereafter. Vacancies shall be
filled for unexpired terms in the same manner as original appointments
are made.

The Commission of Game and Inland Fisheries shall consist of nine
members, of whom no two shall be residents of the same congressional
district. Each member of the Commission of Game and Inland Fisheries
shall be appointed by the Governor, for a term of two years, subject to
confirmation by the General Assembly, if in session when such appoint-
ments are made, and if not in session, then at its next succeeding session.
An appointment to fill a vacancy shall be made in like manner, but only
for the unexpired term. The chairman and other members of the
Commission shall receive no salaries, but shall be reimbursed for the
actual and necessary traveling expenses incurred by them in attendance
upon meetings of the Commission and while otherwise engaged in the
performance of their duties, and in addition thereto each member shall be
paid the sum of ten dollars a day for each day spent in attendance upon
the meetings of the Commission, the aggregate of such per diem compen-
sation to any member not to exceed, however, two hundred and forty
dollars in any one fiscal year. The chairman shall also be paid, however,
the sum of ten dollars a day for each day spent in attendance upon meet-
ings of the departmental committee hereinafter provided for. The said
Commission shall elect one of its members as its chairman, and shall
appoint some other person, not a member of the Commission, as execu-
tive director. The executive director shall be the principal administrative
officer of the Commission and, as such, it shall be his duty to carry out, or
cause to be carried out, all orders, rules and regulations of the Commis-
sion, and to perform such other functions and duties, and exercise such
powers, as are elsewhere conferred and imposed by law upon the chair-
man of the Commission of Game and Inland Fisheries, except as herein-
after otherwise provided, and except that the chairman shall preside at the
meetings of the Commission. The executive director shall devote his full
time to the performance of his duties and shall receive as compensation
therefor a salary, to be fixed by the Commission with the approval of the
Governor, not in excess of six thousand dollars a year.

The terms of all members of the Virginia Conservation Commission,
the Commission of Game and Inland Fisheries, and the Commission of
Fisheries, including the chairman, who may be in office on the thirtieth
day of June, nineteen hundred and forty-two, shall expire on that day.

The chairman of the Virginia Conservation Commission, the Com-
mission of Game and Inland Fisheries and the Commission of Fisheries
are hereby constituted a departmental committee on cooperation and co-
ordination. For the fiscal year beginning July first, nineteen hundred and
forty-two, the chairman of the Virginia Conservation Commission shall
be the chairman of the said committee ; for the next succeeding fiscal year
the chairman of the Commission of Game and Inland Fisheries shall be
the chairman of the committee, and for the next following year the chair-
man of the Commission of Fisheries shall be the chairman of the commit-
tee. Thereafter, the chairmanship of the committee for each fiscal year
shall rotate in the order named.

The committee aforesaid shall meet quarterly, or oftener at the call
of the chairman or any member thereof, and shall devise and recommend
to the respective commissions for consideration and adoption plans for
full cooperation among them and for coordination of their work, to the
end that conflicts and duplication may be avoided and efficiency and
economy promoted. The committee shall keep minutes of each meeting
and a copy thereof shall be transmitted to the Governor upon his request.
The committee as such shall have no executive or administrative powers.

The Board to Place Historical Markers, appointed in pursuance of
chapter one hundred and twenty-seven of the Acts of Assembly of nine-
teen hundred and twenty-two, is hereby continued as an advisory board
to the Virginia Conservation Commission in matters involving the plac-
ing of suitable monuments or markers on, at or in places of historical
interest located in the Commonwealth. Any vacancies occurring on the
said board may be filled by the said Commission.

All existing provisions of law in relation to the Virginia Conserva-
tion Commission, the Commission of Game and Inland Fisheries, and
the Commission of Fisheries and the Commissioner of Fisheries are
continued in force, except to the extent that they are inconsistent with
the provisions of this section as hereby amended.

This section, as hereby amended, shall be in force on and after the
thirtieth day of June, nineteen hundred and forty-two.

Section 20. Department of Health——The State Board of Health
and the State Health Commissioner are continued, and except as other-
wise provided in this act, all existing provisions of law in relation to the
said board and commissioner shall continue in force.

The administration of the laws relating to the inspection and sani-
tation of hotels, restaurants, filling stations, and tourist camps for the
protection of the public health is hereby transferred from the Depart-
ment of Agriculture and Immigration, the Commissioner of Agriculture
628 , ACTS OF ASSEMBLY [va., 1942

and Immigration, and any division of the Department of Agriculture
and Immigration, to the State Board of Health, which shall have and
exercise all the powers conferred and perform all the duties imposed
upon the Department of Agriculture and Immigration, the Commissioner
of Agriculture and Immigration, and any division of the Department of
Agriculture and Immigration, by such laws to the extent that they relate
to the inspection and sanitation of hotels, restaurants, filling stations and
tourist camps for the protection of the public health.

Wherever the words “State Dairy and Food Commissioner”, or other
words denoting that former officer, appear in chapter sixty-seven of the
Code of Virginia, as amended, entitled “Hotels”, the same shall mean
and be read as the State Board of Health, and the words “Department
of Agriculture”, as used in chapter one hundred and sixty-five of the
Acts of Assembly of nineteen hundred and forty, in relation to tourist
camps, shall mean and be read as the State Board of Health.

Nothing in this section shall be construed as transferring from the
Department of Agriculture and Immigration, the Commissioner of Agri-
culture and Immigration or any division of the Department of Agricul-
ture and Immigration, to the State Board of Health or the State Health
Commissioner, any powers or duties conferred or imposed in any of the
following laws:

Chapter seven, Acts of Assembly, nineteen hundred and twenty-
four, approved February fifth, nineteen hundred and twenty-four ; chap-
ter one hundred and fifty-five, Acts of Assembly, nineteen hundred and
thirty-four, approved March twenty-fourth, nineteen hundred and thirty-
four; chapter three hundred and eighty-two, Acts of Assembly, nine-
teen hundred and thirty-eight, approved March thirty-first, nineteen
hundred and thirty-eight; chapter three hundred and ninety, Acts of
Assembly, nineteen hundred and thirty-eight, approved March thirty-
first, nineteen hundred and thirty-eight; chapter two hundred and
seventy-seven, Acts of Assembly, nineteen hundred and forty, approved
March twenty-seventh, nineteen hundred and forty; chapter two hun-
dred and seventy-nine, Acts of Assembly, nineteen hundred and forty,
approved March twenty-seventh, nineteen hundred and forty; chapter
two hundred and eighty-five, Acts of Assembly, nineteen hundred and
forty, approved March twenty-seventh, nineteen hundred and forty;
and sections eleven hundred and ninety-eight, eleven hundred and ninety-
nine, twelve hundred, twelve hundred and one, twelve hundred and
two and twelve hundred and three of the Code of Virginia.

This section, as hereby amended, shall be in force on and after
July first, nineteen hundred and forty-two.

Section 21. Department of Public Welfare—(a) All existing pro-
visions of law in relation to the State Board of Public Welfare and the
Commissioner of Public Welfare shall continue in force, except that
the Commissioner of Public Welfare shall be hereafter appointed by
the Governor, subject to confirmation by the General Assembly if in
session when appointment is made, and if not in session, then at its next
succeeding session. He shall hold office at the pleasure of the Governor
for a term coincident with that of each Governor making the appoint-
ment, or until his successor shall be appointed and qualified. Vacancies
shall be filled in the same manner as original appointments are made.
The Commissioner of Public Welfare who may be in office when this
section takes effect shall continue therein until his successor shall be
appointed and qualified. The Assistant Commissioner of Public Welfare
shall be appointed by the Commissioner of Public Welfare, subject to
the approval of the State Board of Public Welfare, and shall serve at
the pleasure of the Commissioner.

(b) The Virginia Industrial School Board and the Virginia In-
dustrial School Board for Colored Children are hereby abolished and
all their powers, duties and obligations are hereby transferred to, vested
in, and imposed upon, the State Board of Public Welfare. All appropria-
tions made for the maintenance and operation of, and for capital outlays
at, the schools now under the management and control of the boards
hereby abolished are hereby transferred to the State Board of Public
Welfare and may be expended by the State Board of Public Welfare
for the purposes for which such appropriations are made.

The superintendents and parole officers of the Virginia Home and
Industrial School for Girls, the Virginia Industrial School for Boys, the
Virginia Industrial School for Colored Girls, and the Virginia Manual
Labor School for Colored Boys are hereby vested with the powers of
a sheriff for the purpose of preserving order at their said institutions,
respectively, and for the conveyance of inmates to and from such in-
stitutions, respectively. |

(c) Associated agencies.—The Virginia Commission for the Blind
and the State Prison Board are retained until otherwise provided by law.

(d) This section, as hereby amended, shall be in force on and
after July first, nineteen hundred and forty-two.

Section 2114. Department of Mental Hygiene and Hospitals—A
Department of Mental Hygiene and Hospitals is hereby created and
established. This department shall be under the supervision, manage-
ment and control of the State Hospital Board, which is hereby con-
tinued, and all existing provisions of law in relation to the State Hospital
Board shall continue in force, except as provided in this section.

A Commissioner of Mental Hygiene and Hospitals shall be ap-
pointed by the Governor, subject to confirmation by the General As-
sembly, if in session when such appointment is made, and if not in ses-
sion, then at its next succeeding session. He shall hold office at the
pleasure of the Governor for a term coincident with that of each Gover-
nor making the appointment, or until his successor shall be appointed
and qualified. Vacancies shall be filled in the same manner as original
appointments are made. No person shall be appointed Commissioner of
Mental Hygiene and Hospitals unless he be a person of proved executive
ability and a doctor of medicine, and unless he shall have had special
education and substantial experience in the treatment of mental diseases.
He shall devote his full time to his duties and shall hold no other office
except that of secretary of the State Hospital Board if he be appointed
as such by the board, and shall receive such ‘compensation as may be
appropriated for the purpose. If he acts as secretary of the board, he
630 ACTS OF ASSEMBLY [va., 1942

shall receive no additional compensation as such. Before entering upon
the discharge of his duties, he shall take the oath of office and give bond
with corporate surety in such penalty as may be fixed by the Governor
conditioned upon the faithful discharge of his duties, the premium of
which bond shall be paid out of the moneys appropriated to the State
Hospital Board.

The Commissioner of Mental Hygiene and Hospitals shall be the
chief executive officer of the State Hospital Board, and shall perform
such duties and exercise such powers as may be imposed or conferred
upon him by the State Hospital Board by general rule or special order,
within the limitations of the board’s legal powers. The position now
known as that of the Director of State Hospitals, or principal admin-
istrative officer, or head executive of the State Hospital Board, is hereby
abolished, and the appropriation made for the salary for that position
shall constitute the annual salary of the Commissioner of Mental Hygiene
and Hospitals and shall be available for that purpose until otherwise
provided by law.

This section shall be in force on and after July first, nineteen hun-
dred and forty-two.

2. Subsection (c) of section eleven of the said act approved April
eighteenth, nineteen hundred and twenty-seven, in relation to the estab-
lishment, maintenance and operation of a central mailing room, is hereby
repealed.