CHAPTER 177

AN ACT to provide for the submission of proposed amendments to §§ 155
and 161 of the Constitution of Virginia to the qualified voters for
ratification or rejection, and to prescribe when and how such refer-
endum shall be had, and the manner in which the results thereof shall
be ascertained and certified, the returns canvassed, and the vote
thereon proclaimed by the Governor. [H 412]

Approved February 28, 1956

Be it enacted by the General Assembly of Virginia:

1. It shall be the duty of the officers conducting the election directed
by law to be held on the Tuesday after the first Monday in November,
nineteen hundred fifty-six, at the places appointed for holding the same,
to open the polls and take the sense of the qualified voters upon the ratifi-
cation or rejection of the proposed amendment to the Constitution of
Virginia contained in the joint resolution proposing the said amendments
to the Constitution of Virginia, and directing a submission of said pro-
pee amendments to the people for their approval and ratification, to-
wit:

Strike from the Constitution of Virginia Section one hundred fifty-
five, which reads as follows:

§ 155. State Corporation Commission; how selected; term of office;
how vacancies filled; who ineligible; qualifications of at least one member;
how removed or impeached; officers, how selected; rules of order and
procedure; general provisions; salaries—There shall be a permanent
commission, to consist of three members, which shall be known as the
State Corporation Commission. Their regular term of office shall be six
years, respectively. Whenever a vacancy in the commission shall occur,
the Governor shall forthwith appoint a qualified person to fill the same for
the unexpired term subject to confirmation by the General Assembly or
until his successor be chosen as provided by law. Commissioners selected
for regular terms shall, at the beginning of the terms for which selected,
and those appointed to fill vacancies, shall immediately upon their selec-
tion or appointment enter upon the duties of their office. The commis-
sioners shall be elected by the General Assembly. The present commis-
sioners shall continue in office until the expiration of their present terms.
The terms of their successors shall begin on the first day of February
next succeeding their selection.

No person while employed by, or holding any office in relation to, any
transportation or transmission company, or while in any wise financially
interested therein, or while engaged in practicing law, shall hold office
as a member of said commission, or perform any of the duties thereof.
Nor shal] any such person be interested, either directly or indirectly, in
any insurance company, association or fraternal organization, or in any
bank, trust or other like company doing business in this State and which
is by law made subject to the supervision of said State Corporation Com-
mission, but this section shall not be so construed as to prevent any such
person from being a policyholder in any insurance company, insurance
association, or fraternal organization.

At least one of the commissioners shall have the qualifications pre-
scribed for judges of the Supreme Court of Appeals; and any commis-
sioner may be impeached or removed in the manner provided for the
impeachment or removal of a judge of said court.

The commission shall annually elect one of its members chairman of
the same, and shall have one clerk, and such other clerks, officers, assist-
ants and subordinates as may be provided by law, all of whom shall be
appointed and subject to removal by the commission. It shall prescribe
its own rules of order and procedure, except so far as the same are speci-
fied in this Constitution or any amendment thereof.

The General Assembly may establish within the department, and
subject to the supervision and control of the commission, subordinate divi-
sions, or bureaus of insurance, banking or other special branches of the
business of that department.

All sessions of the commission shall be public, and a permanent record
shall be kept of all its judgments, rules, orders, findings and decisions,
and of all reports made to or by it. Two of the commissioners shall consti-
tute a quorum for the exercise of the judicial, legislative and discretionary
functions of the commission, whether there be a vacancy in the commission
or not, except as otherwise provided by law, but a quorum shall not be
necessary for the exercise of its administrative functions, which are
mandatory. The commission shall keep its office open for business on every
day except Sundays and legal holidays.

_. Transportation companies shall at all times transport, free of charge,
within this State, the members of said commission and its officers, or any
of them, when engaged on their official duties.

_ The General Assembly shall provide suitable quarters for the com-
mission and funds for its lawful expenses, including pay for witnesses
summoned, and costs of executing processes issued by the commission of
its own motion; and shall fix the salaries of the members of the com-
mission.

And insert in lieu thereof the following:

§ 155. State Corporation Commission; how selected; term of office;
how vacancies filled; who ineligible; qualifications of at least one member ;
how removed or impeached; officers, how selected; rules of order and pro-
cedure; general provisions; salaries.—There shall be a permanent com-
mission to consist of three members, which shall be known as the State
Corporation Commission. Their regular term of office shall be six years,
respectively. Whenever a vacancy in the commission shall occur, the
Governor shall forthwith appoint a qualified person to fill the same for
the unexpired term, subject to confirmation by the General Assembly or
until his successor be chosen as provided by law. Commissioners selected
for regular terms shall, at the beginning of the terms for which selected,
and those appointed to fill vacancies, shall immediately upon their selection
or appointment, enter upon the duties of their office. The commissioners
shall be elected by the General Assembly. The present commissioners shall
continue in office until the expiration of their present terms. The terms
of their successors shall begin on the first day of February next succeeding
their selection.

No person while employed by, or holding any office in relation to, any
transportation or transmission company, or while in any wise financially
interested therein, or while engaged in practicing law, shall hold office
as a member of said commission, or perform any of the duties thereof.
Nor shall any such person be interested, either directly or indirectly, in
any insurance company, association or fraternal organization, or in any
bank, trust or other like company doing business in this State and which
is by law made subject to the supervision of said State Corporation Com-
mission, but this section shall not be so construed as to prevent any such
person from being a policyholder in any insurance company, insurance
association, or fraternal organization.

At least one of the commissioners shall have the qualifications pre-
scribed for judges of the Supreme Court of Appeals; and any commissioner
may be impeached or removed in the manner provided for the impeach-
ment or removal of a judge of said court.
CH. 177] ACTS OF ASSEMBLY 177

The commission shal] annually elect one of its members chairman of
the same, and shall have one clerk, and such other clerks, officers, assistants
and subordinates as may be provided by law, all of whom shall be
appointed and subject to removal by the commission. It shall prescribe its
own rules of order and procedure, except so far as the same are specified
in this Constitution or any amendment thereof.

The General Assembly may establish within the department, and
subject to the supervision and control of the commission, subordinate
divisions, or bureaus of insurance, banking or other special branches of
the business of that department.

All sessions of the commission shall be public, and a permanent
record shall be kept of all its judgments, rules, orders, findings and deci-
sions, and of all reports made to or by it. Two of the commissioners shall
constitute a quorum for the exercise of the judicial, legislative and dis-
cretionary functions of the commission, whether there be a vacancy in the
commission or not, except as otherwise provided by law, but a quorum
shall not be necessary for the exercise of its administrative functions,
which are mandatory. The commission shall keep its office open for
business on every day except Sundays and legal holidays.

The General Assembly shall provide suitable quarters for the com-
mission and funds for its lawful expenses, including pay for witnesses
summoned, and costs of executing processes issued by the commission of
its own motion; and shall fix the salaries of the members of the commission.

Strike from the Constitution section one hundred sixty-one, which
is as follows:

§ 161. Free transportation to members of General Assembly and of
State, county, district, or municipal officers, except members and officers
of State Corporation Commission, prohibited; penalty; policemen and
firemen excepted.—No transportation or transmission company doing
business in this State shall grant to any member of the General Assembly,
or to any State, county, district or municipal officer, except to members
and officers of the State Corporation Commission for their personal use
while in office, any frank, free pass, free transportation, or any rebate
or reduction in the rates charged by such company to the general public
for like services. For violation of the provisions of this section the offend-
ing company shall be liable to such penalties as may be prescribed by law;
and any member of the General Assembly, or any such officer, who shall,
while in office, accept any gift, privilege or benefit, prohibited by this
section, shall thereby forfeit his office, and be subject to such further
penalties as may be prescribed by law; but this section shall not prevent
a street railway, transportation or transmission company from granting
free transportation or free service, within this State, to any member of
the police force or fire department while in the discharge of his official
duties, nor prohibit the acceptance by any such policeman or fireman of
such free transportation.

And insert in lieu thereof the following:

§ 161. Free transportation to members of General Assembly and
of State, county, district, or municipal officers, prohibited; penalty;
policemen and firemen excepted.—No transportation or transmission com-
pany doing business in this State shall grant to any member of the
General Assembly, or to any State, county, district or municipal officer
any frank, free pass, free transportation, or any rebate or reduction in
the rates charged by such company to the general public for like services.
For violation of the provisions of this section the offending company shall
be liable to such penalties as may be prescribed by law; and any member
of the General Assembly, or any such officer, who shall, while in office,
accept any gift, privilege or benefit, prohibited by this section, shall
thereby forfeit his office, and be subject to such further penalties as may
178 ACTS OF ASSEMBLY [VA., 1956

be prescribed by law; but this section shall not prevent a street railway,
transportation or transmission company from granting free transportation
or free service, within this State, to any member of the police force or
fire department while in the discharge of his official duties, nor prohibit
ihe Sepp lanes by any such policeman or fireman of such free trans-
portation. .

Schedule ;

At such election a ballot shall be furnished each voter which shall
have printed thereon the following:

_ Question: Shall sections one hundred fifty-five and one hundred
sixty-one of the Constitution of Virginia be amended so as to prohibit
transportation or transmission companies doing business in this State
from granting or providing free transportation or transportation at re-
duced rates to members and officers of the State Corporation Commission?

0 For

(] Against

The ballot shall be prepared, distributed and voted, and the results
thereof ascertained and certified, in the manner prescribed by § 24-141
of the Code of Virginia. It shall be the duty of the clerks and commission-
ers of election of each county and city, respectively, to make out, cer-
tify and forward an abstract of the votes cast for and against said
proposed amendment in the manner now prescribed by law in relation
to votes cast in general elections.

It shall be the duty of the State Board of Elections to open and
canvass the said abstracts of returns, and to examine and make state-
ment of the whole number of votes given at said election for said proposed
amendment and against said proposed amendment, respectively, in the
manner now prescribed by law in relation to votes cast in general elec-
tions; and it shall be the duty of the State Board of Elections to record
said certified statement in its office, and without delay to make out and
transmit to the Governor of the Commonwealth an official copy of said
statement, certified by it.

The Governor shall, without delay, make proclamation of the result,
stating therein the aggregate vote for and against said amendment, to
be published in such newspapers in the State as may be deemed requisite
for general information; and if a majority of said votes be cast for the
ratification of the amendment, he shall annex to his proclamation a copy
thereof. The State Board of Elections shall cause to be sent to the clerks
of each county and corporation, at least thirty days before the election,
as many copies of this act as there are places of voting therein; and it
shall be the duty of such clerks to forthwith deliver the same to the
sheriffs of their respective counties and cities for distribution. Each such
sheriff shall forthwith post a copy of such act at some public place in
each election district at or near the usual voting place in the said district.

The expenses incurred in conducting this election shall be defrayed as
in the case of the election of members of the General Assembly.