CHAPTER 708

An Act to amend the Code of Virginia by adding a section numbered
46-105.8, to provide for the issuance and use of temporary license
plates by purchasers of motor vehicles, to regulate the same, to require
the maintenance of certain records in connection therewith, and to
provide penalties for violations.

[H 771)

Approved March 31, 1956

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
46-105.3 as follows: on ge

§ 46-105.3. (1) The Division may, subject to the limitations and
conditions hereinafter set forth, deliver temporary license plates designed
by the Division to any dealer duly licensed under the provisions of Article
2, of Chapter 7 of Title 46 pf the Code of Virginia who applies for not less
than ten sets of such plates and who encloses with such application a fee
of one dollar for each set for which application is made. Such application
shall be made upon a form prescribed and furnished by the Division. Such
dealers, subject to the limitations and conditions hereinafter set forth,
may issue such temporary license plates to owners of vehicles, provided
that such owners shall comply with the applicable provisions of this
section.

(2) Every dealer who has made application for temporary license
plates shall maintain in permanent form a record of all temporary license
plates delivered to him, shall maintain in permanent form a record of all
temporary license plates issued by him, and shall maintain in permanent
form a record of any other information pertaining to the receipt or the
issuance of temporary license plates which may be required by the Divi-
sion. Each such record shall be kept for a period of not less than three
years from the date of entry. Every dealer shall allow full and free access
to such records, during regular business hours, to duly authorized repre-
sentatives of the Division and to police officers.

(3) No dealer shall issue a temporary license plate except upon the
written application therefor by the person entitled to receive the same,
which application shall be forwarded by the dealer to the Division on the
day of such issuance.

(4) No dealer shall issue, assign, transfer, or deliver such temporary
license plates to other than the bona fide purchaser or owner of a vehicle,
whether or not such vehicle is to be registered in Virginia. Such dealer
shall, when requested, forthwith transmit to the Division a written appli-
cation for the current titling and registration of the purchased vehicle,
accompanied by the prescribed fees therefor. Any dealer who issues such
temporary license plates to the purchaser failing or declining to request
that such application be so forwarded forthwith shall notify the Division
of such issuance in the manner provided in this section. No dealer shall
issue temporary license plates to any person possessing current license
plates for a vehicle that has been sold or exchanged; nor shall any dealer
lend to any person for use on any vehicle that he may own, temporary
license plates. It shall be unlawful for any person to issue any temporary
license plates containing any misstatement of fact, or knowingly to insert
any false information upon the face thereof.

(5) Every dealer who issues temporary license plates shall insert
clearly and indelibly on the fact of each temporary license plate, the date
of issuance and expiration, and the make and serial number of the vehicle
for which issued.
(6) The Commissioner, upon determining that the provisions of this
section or the directions of the Division are not being complied with by
any dealer, may suspend, after a hearing, the right of a dealer to issue
temporary license plates. .

(7) Every ‘person to whom temporary license plates have been issued
shall permanently destroy the same on the tenth day after issue or imme-
diately upon receipt of the current license plates from the Division.

(8) Temporary license plates shall expire and become void upon the
receipt of the current license plates from the Division, or upon the rescis-
sion of a contract to purchase a motor vehicle, or upon the expiration of
ten days from the date of issuance, depending upon whichever event shall
first occur. No refund or credit or fees paid by dealers to the Division for
temporary license plates shall be allowed; except that when the Division
shall discontinue the right of a dealer to issue temporary license plates,
such dealer, upon returning temporary license plates to the Division, may
receive a refund or a credit therefor.

(9) The Commissioner shall have the power to make such rules and
regulations, not inconsistent herewith, as he shall deem necessary for the
purpose of carrying out the provisions of this section.

(10) Any person violating the provisions of this section shall be
guilty of a misdemeanor and upon conviction shall be fined not more than
ie hundred dollars or imprisoned for not more than twelve months, or

th.

priations and appropriations made to the Governor’s Office by Chapter 708

of the Acts of Assembly of 1954.
Item 498, For land;

Item 499, For improvements to State-owned land, buildings and equip-

ment; and
Item 500, For supplementing capital outlay appropriations;
Item 759, reappropriating certain unexpended balances.
TOTAL FOR CAPITAL OUTLAYS..__..___$ 9,869,994

To be paid from the general fund... $ 8,624,144
To be paid from special funds__.._._ ...$ 1,245,850

$64,491,744
$62,016,914
$ 2,474,880
1178 ACTS OF ASSEMBLY [vA., 1956

Section 4. Notwithstanding any provision of this, or of any other act to the
contrary, it is hereby provided that no appropriation made by this act for addi-
tions and betterments, in any State institution, shall become available for expen-
diture either in whole or in part until the Governor is satisfied that the labor,
materials and other facilities, if any, required for the acquisition or construction
of such additions and betterments can and will be obtained at reasonable cost;
provided, however, that the provisions of this section shall not apply to any
appropriation for additional equipment contained in Section 3 of this Act.

Provided, however, that the Governor, at his discretion, may release such sum
(or sums) as is necessary to pay for the preparation of plans and specifications
by architects and engineers, provided that the cost of the construction covered
by such drawings and specifications does not exceed the appropriation therefor;
provided, further, however, that the architectural or engineering fees paid on
completion of the preliminary design for any such project may be based on such
estimated costs as may be approved by the Governor in writing, where it is
shown to the satisfaction of the Governor that higher costs of labor or material,
or both, or other unforeseen conditions, have made the appropriation inadequate
for the completion of the project for which the appropriation was made, and where
in the judgment of the Governor such changed conditions justify the payment
of architectural or engineering fees based on costs exceeding the appropriation.

Section 5. In regard to each project for which a capital outlay appropriation
or reappropriation is made in this act, or which is hereafter considered by the
Governor for inclusion in the executive budget, the Governor is hereby authorized
to determine the urgency of its need, as compared with the need for other
capital outlay projects as herein authorized, or hereafter considered; and he is
further authorized to determine whether the proposed plans and specifications
for each capital outlay project for which appropriations or reappropriations are
herein made, or hereafter considered, are suitable and adequate, and whether or
not they involve expenditures which are excessive for the purposes intended. No
architectural or engineering planning for, or construction of, any capital out-
lay project involving expenditure of State funds shall be commenced until the
approval in writing of the Governor shall have first been obtained. Where topog-
raphic and mechanical utility surveys or other engineering or architectural sur-
veys or studies at any State institution or agency are necessary for the proper
exercise by the Governor of the duties herein placed on him for reviewing, and
approving or disapproving, the aforesaid architectural and engineering plans and
specifications for new buildings, betterments or improvements thereto, the neces-
sary expenditures for making such surveys may be paid out of the appropriations
to the Division of the Budget.

Section 6. The State departments and agencies in Richmond which pay rentals
for office and storage space, whether or not in State-owned buildings, may elect,
with the consent of the Governor, as a means of eliminating such rentals, to con-
tribute to the construction or purchase of a building or buildings to be owned by
the State in which they shall be provided office and storage space without rental
except for services provided. Such departments and agencies as elect, with the
consent of the Governor, to make such contributions shall transfer from appropriate
surplus special fund accounts to a special account in the Governor’s Office a sum
equivalent to the prorata share of the cost of such building or buildings. The pro-
rata share shall be based upon the estimated minimum gross space requirements
as approved by the Governor; for purposes of initial transfers the figures of $20.00
per gross square foot for office space and $10.00 per gross square foot for storage
space shall be used. Any sums so transferred to the special account herein described
shall be used solely for the planning and constructing or purchasing of office and
storage space and of auxiliary building requirements for the use of the depart-
ments and agencies contributing.

As applied to the State Corporation Commission, this section shall be construed
as follows: the special funds mentioned in Item 99 (valuation), Item 100
(aviation), Item 101 (highway maintenance and construction), Item 102 (banking)
and Item 108-104 (insurance), including any balances in the funds concerned, may
be used for the planning, construction and equipment of a building, or part of a
CH. 716] ACTS OF ASSEMBLY 1179

building, for the State Corporation Commission. Exact proration of the square
feet occupied by the various members of the staff of the Commission engaged in
activities supported by said special funds shall not be required; and for the use
of office or storage space in such building no rental shall be charged the State
Corporation Commission or any bureau or division thereof except for services.

Section 7. All of the monies hereinabove appropriated as shown by the herein-
above contained items are appropriated upon the provisos, terms, conditions, and
provisions above set forth herein and those hereinafter set forth in the following
remaining sections of this act. All appropriations made in any act passed at this
session of the General Assembly shall be construed as subject to the same provi-
sions and conditions contained in this section. All such appropriations, as well
as those contained in this act, are hereby declared to be maximum and conditional
appropriations, the purpose being to make the general fund appropriations pay-
able in full in the amounts named only in the event the aggregate revenues to be
collected and paid into the general fund of the State treasury during the 1956-
1958 biennium, including any unexpended balance in general fund revenues
brought forward from the preceding biennium, are estimated by the Governor to
be sufficient to pay all of the said appropriations payable from the said general
fund in full; otherwise, the said appropriations shall be deemed to be payable in
such proportions as the total sum of all appropriations out of the general fund of
the treasury bears to the total amount of general fund revenue estimated as avail-
able from revenues to be collected and paid into the general fund of the State
treasury in the said biennium, including any unexpended balance in general fund
revenues brought forward from the preceding biennium; in the event any reduc-
tion in appropriations is found necessary, such reduction shall be made on a
uniform percentage basis applicable alike to each appropriation made out of the
general fund.

The Governor is hereby given the power and authority to examine and survey
the progress of the collection of revenue applicable to the general fund of the
State treasury, out of which the appropriations made by this act or by any other
act are payable, and to declare and determine the amounts that can during each
quarter of each of the fiscal years of the biennium be properly allocated to each
respective appropriation. All reductions made in allocations requested by any
department, institution, board, commission, or agency, within the amounts con-
tained in their respective appropriations shall be uniform in percentage as to all
such respective appropriations, provided that the Director of the Division of the
Budget shall have authority so to restrict any such quarterly allocation as to
prevent the expenditure out of any such appropriation of an amount in any quarter
so large as to threaten a deficit in any such specific appropriation. In making
such examination and survey, the Governor may require estimates of the prospec-
tive collection of revenues from the Comptroller, the State Tax Commissioner,
the State Corporation Commission and any other revenue assessing or collecting
agency of the State having information which in the opinion of the Governor
may be pertinent. The Governor shall, subject to the qualifications herein con-
tained, reduce all of said appropriations payable out of the general fund of the
State treasury, made by this act or by any other act when, and to the extent,
necessary to prevent any expenditure for the payment of the said general fund
appropriations in excess of the revenues collected and paid into the said general
fund of the State treasury during the 1956-1958 biennium, including any unex-
pended balance in general fund revenues brought forward from the preceding
biennium. Any reduction so made shall be applied to the appropriations payable
from the general fund to local officers and employees in the same manner and
degree as to departments, institutions, or other agencies receiving appropriations
from the general fund.

In exercising the powers and performing the duties set forth in the preceding
paragraphs, the Governor shall in no case reduce the total appropriations made
to any one department, institution or agency therein referred to to any amount
less than seventy-five per centum of the total of the original appropriations.

This section shall not be construed as authorizing any reduction to be made in
the amounts herein appropriated for the payment of interest or sinking fund
installments on the State’s bonded debt, or for the payment of a legally author-
1180 ACTS OF ASSEMBLY [va., 1956

ized deficit, or in unexpended amounts or balances in appropriations made by any
preceding session of the General Assembly and reappropriated by this act, or for
the payment of pensions to Confederate veterans, their widows or dependents, or
for the support of needy Confederate women, or Confederate veterans, or for car-
ing for the graves of Confederate dead, nor as authorizing any reduction to be
made in appropriations made herein by items 38 to 48 inclusive for the Virginia
Supplemental Retirement System, nor in any appropriation made to enable pay-
ments to be made in fulfillment of any contract for the construction and furnish-
ing of any State building, nor as authorizing a reduction in the salary of any
oe Officer where such reduction would be contrary to the Constitution of the
tate,

Where necessary to the exercise of the powers and duties conferred on the
Governor by this section, he may enforce such uniform reductions in the salaries
of State officials and employees on a flat or graduated basis as he may find neces-
sary, provided that any such salary reduction which the Governor may order or
require shall apply to salaries payable from special funds as well as to salaries
payable from the general fund of the treasury.

Provided, further, however, that no reduction of more than 15 per cent shall
be made under this section in any annual salary of any officer or employee.

This section shall not be construed as limiting the authority of the Governor
under the Virginia Personnel Act to establish a uniform compensation plan and
amendments thereto.

Section 7-A. Funds received from the sale of property by any State depart-
ment, institution or other State agency, to the Richmond-Petersburg Turnpike
Authority are hereby appropriated to the said State department, institution or
other State agency making such sale, for use only for capital outlay items and
purchase of land as may be recommended by the governing board, or where there
is no governing board, by the head of the said State department, institution, or
State agency, subject to the approval of the Governor.

Section 8. During the biennium ending June 30, 1958, the compensation of
each officer and employee who enters the service of the Commonwealth or who
is promoted to a vacant position shall be fixed for the said biennium at such rate
as shall be approved by the Governor in writing and no increase shall be made
in the compensation of any officer or employee of the State government during
the said biennium except with the Governor’s written approval first obtained.
Where any officer or employee is employed or promoted to fill a vacancy in a
position for which a salary is specified by this act, the Governor may fix the
salary of such officer or employee at a lower rate or amount than is specified.
Unless exceptional circumstances are found by the Governor, salaries for newly
employed or promoted officers and employees shall be established at the entrance
rates provided by the compensation and classification plans established by the
Governor.

However, where considerations of efficiency and economy require, the Governor
may authorize that specified positions be filled without written approval of the
salary of each officer and employee entering such positions; such authorization
shall be subject to rules and regulations prescribed by the Governor and, for per-
manent positions, shall specify rates and classes of positions in accordance with
the compensation and classification plans established by the Governor.

Unless otherwise ordered by the Governor this section shall not apply to any
employee whose salary or wage, including the cash value of perquisites as estab-
lished by the Governor, amounts to an annual rate not exceeding $1,200 from all
sources, No lump sum appropriation for personal service shall be regarded as
advisory or suggestive of individual salary rates or of salary schedules to be fixed
under law by the Governor payable from the lump sum appropriation.

For his assistance in carrying out the provisions of this section the Governor
may require information in writing from the head of any department, institution
or agency of the State government or from any employee thereof, upon any subject
relating to the duties of any office or position in such department, institution or

agency.
CH. 716] ACTS OF ASSEMBLY 1181

Section 9. The Governor may direct the Director of the Division of the Budget
to prepare and sign the quarterly allotments of funds from appropriations required
by section 7 of this Act, and the authorizations for rates of pay required by section
8 of this Act. Such allotments and authorizations shall have the same effect as
if the personal signature of the Governor were subscribed thereto. This section
shall not be construed to prohibit an appeal by the head of any department, agency,
or institution to the Governor for reconsideration of any action taken by the
Director of the Division of the Budget under this section.

Section 10. The appropriations provided for in this act for making loans to
students at the several State institutions shall be expended upon such terms and
according to such rules as may be prescribed by the respective governing boards of
the institutions for which the appropriations are made, in making loans to needy
and deserving students of talent and character from Virginia in said institutions
for the purpose of aiding these to obtain an education at such institutions, who
might not be able otherwise to do so. The term “student” shall include medical
interns and residents as well as other students. Such loans shall not exceed $300.00
in any one session to the same student. In the case of medical and dental students,
loans not to exceed $500.00 may be made. They shall be made to said students
upon such terms, as to time and security, as the Comptroller shall prescribe; pro-
vided, however, that the rate of interest charged said students on such loans shall
be three per centum per annum.

The said State students’ loan funds shall be preserved from depletion by the
said institutions; and together with the repayments and accretions thereto, shall
be held and used for the purpose, and on the terms, specified in this act and no
other; and each of said institutions shall annually, not later than July in each
year thereafter, file, in the office of the Superintendent of Public Instruction, a
statement, in detail, showing for the year past the amounts received by said funds,
or the loans made, to whom made, and upon what terms, the amounts of the
corpus of said funds, the amounts repaid to said funds, and from whom, and any
other information deemed pertinent by the institution so reporting, or which may
have been requested by the Superintendent of Public Instruction.

The Comptroller shall make no payment to any of the said institutions on
account of the said students’ loan funds unless and until] the institutions applying
for such payment shall have furnished the said Comptroller a certificate from the
Superintendent of Public Instruction that such institution has complied, in all
respects, with the foregoing requirements of this act in relation thereto.

The Auditor of Public Accounts shall annually audit and exhibit in his annual
report the account of the said funds at each of the said institutions.

Where the student loan fund created by State appropriation is inadequate in
amount at any institution to carry out fully the purpose for which this fund was
established, the governing board and president of such institution, with the written
consent and approval of the Governor first obtained, is authorized, for the purpose
of providing an additional student loan fund, to borrow from such sources and on
such terms as may be approved by the Governor an amount not to exceed $20,000,
and to provide for such extensions or renewals of such loans as may be necessary.
Such funds shall be used only in making loans to students in the same circum-
stances and under the same terms and regulations, as are herein prescribed for
loans from the fund created by the State appropriations, and for no other purpose
whatever. The repayments and interest accretions to said fund shall be used so
far as may be necessary to repay the indebtedness of the institution created by the
governing board and presiding officer thereof, in establishing said additional
student loan fund. Such additional amounts may be borrowed by the governing
board and president of the institution, with the Governor’s approval, from time to
time, as may be necessary to maintain the amount of said additional loan fund,
whether in cash or notes receivable or both, including all amounts heretofore
borrowed and not repaid, at $20,000.

Accounts shall be kept and reports rendered for all such additional loan funds in
all respects as herein required for loan funds created by State appropriations, and
the Auditor of Public Accounts shall annually exhibit in his report the amounts
of the said additional loan funds at each institution.
1182 ACTS OF ASSEMBLY [va., 1956

It is hereby provided that the governing board of any State institution for which
a Student Loan Fund has been established may, with the written approval of the
Governor, cancel any indebtedness due such institution on account of a loan or
loans made from such fund when such indebtedness has been outstanding more
than fifteen years, and in the opinion of the president and governing board of the
institution is uncollectible. Upon the cancellation of any such indebtedness a state-
ment thereof describing the obligation in detail and the date of its cancellation
shall be certified by the president of the institution to the Comptroller.

A loan to a student hereunder shall be deemed delinquent when not paid if due
or when arrangements satisfactory to the institution have not been made, including
some curtailment, within eighteen months after (a) graduation or (b) leaving
the institution without graduating, or (c) completion of internship in the case of
medical students.

The institution making the loan shal] make every effort to collect the same when
delinquent within the six month period following delinquency. If not collected
within such six month period, the institution shall forward the same to the State
Treasurer for collection, who shall promptly collect the same.

Section 11. Each institution to which appropriations for student loans are
made or have been made under this act is authorized to employ not exceeding
twenty-five per centum of the unobligated balances in such fund available to the
institution as of June 30 of each fiscal year to establish a system of scholarships
for graduates of Virginia high schools in accordance with the terms hereof:

(a) Any freshman student granted any such scholarship shall maintain at least
a “C” average in his classes.

(b) Not more than twenty per centum of such scholarships shall be reserved for
students in the sophomore year who have maintained at least a “C” average in
their classes.

(c) The scholarships for freshmen shall be granted only to applicants classified
as Virginia students who (1) rank in the upper fourth of their graduating class or
(2) score at least 100 or more on the American Council on Education test or (3)
score in the upper half of their class, on a national basis, on a similar test.

(d) No scholarship provided for under this section shall be awarded to any
person not eligible to be classified as a Virginia student nor then unless and until
the applicant is needy and has satisfied the institution as to his lack of financial
resources. No such scholarship shall exceed the rate of five hundred dollars or be
less than three hundred dollars a year.

(e) It is provided, however, that there shall be no employment of State student
loan funds for the establishment of scholarships as herein authorized that would
reduce the unobligated balance in any such fund below 50 per cent of the unobli-
gated balance in such fund on July 1, 1956.

Section 12. Whenever, in the opinion of a governing board listed in this
section and of the Governor, the best interests of the State will thereby be con-
served and promoted, said governing board is hereby authorized and empowered,
with the written approval of the Governor, with respect to the institutions under
its management and control as listed in this section, to transfer and deduct from
the amounts herein appropriated to any one or more of the institutions for its
maintenance and operation such amounts as may be deemed proper and add the
same amounts to the appropriations made herein for the maintenance and opera-
tion of any other one or more institutions listed in this section.

In order that a more orderly and efficient use may be made of capital outlay
appropriations when considering all of the institutions as a coordinated system,
rather than as individual units, the governing board is hereby authorized and
empowered, with the written approval of the Governor, to transfer capital outlay
appropriations made for one or more buildings or projects in any institution under
its management and control to the capital outlay appropriations for one or more
buildings or projects in the same or any other institution under its management
and control, definitely and closely related to the project for which the appropria-
CH. 716] ACTS OF ASSEMBLY 1183

tion was made, provided that, in the opinion of the Governor and of the governing
board, later developments have rendered such transfers appropriate and advisable,
to carry out the original intention of the General Assembly in that the appro-
priations made to the various buildings and projects shall be used to the best
advantage and for the best interests of the institutions.

Governing Board Institutions
State Hospital Board Central State Hospital
Eastern State Hospital
Western State Hospital
Southwestern State Hospital
Lynchburg Training School and Hospital
Petersburg Training School and Hospital

State Board of Welfare The Penitentiary
and Institutions State Penitentiary Farm and State Prison Farm for

Defective Misdemeanants

State Industrial Farm for Women

Southampton Penitentiary Farm

Bland Correctional Farm

Beaumont School for Boys

Bon Air School for Girls

Janie Porter Barrett School for Girls

Hanover School for Boys

State Board of Health Blue Ridge Sanatorium
Catawba Sanatorium
Piedmont Sanatorium
For purpose of this Section, the appropriation made
by Item 339 hereof

Section 18. The State Board of Welfare and Institutions shall establish, with
the approval of the Governor, such rules and regulations as may be proper and
necessary for the operation of central laundries at institutions under control of
the Board, and shall, with the Governor’s approval, fix and regulate from time
to time the rates to be charged for laundry work done for other State institutions
by said central laundries.

Section 14. All monies, fees, charges, and revenues heretofore accumulated or
hereafter collected for the inspection of agricultural products by the Department
of Agriculture and Immigration shall be paid directly and promptly into the
State treasury and shall constitute a special fund from which appropriations may
be made for such inspection, notwithstanding any other provisions of law.

Section 15. All monies, fees, charges, and revenues, excluding Federal grants,
heretofore accumulated or hereafter collected by or on behalf of the agencies listed
below shall be paid directly and promptly into the general fund of the State
treasury:

State Water Control Board, under the provisions of §§ 62-10 through 62-42,
inclusive of the Code of Virginia:

State Board of Welfare and Institutions or any institution under its control,
for laundry work done by the central laundry of such institution;

Department of Agriculture and Immigration, from whatever source and
notwithstanding any other provisions of law, not including, however, the funds
collected under the cited sections of the Code of Virginia for sale of liming
materials (§§ 148-145, inclusive), for auditing cooperative associations, weights
and measures services (§§ 59-80 and 59-81), for certification of agricultural
products (8§ 3-28 and 3-29), for use of the Virginia Quality Label (§§ 3-274
and 3-277), and for issuing permits for feeding garbage to swine (§ 3-598.4);

Division of Motion Picture Censorship, for the examination and licensing
of motion picture films publicly exhibited in Virginia, and from all other
sources;
Department of Conservation and Development, by, from, or through the
operation of the State parks, including entrance and concession fees and any
and all other funds derived from the operation or use of such parks; under
the provisions of §§ 10-68 to 10-74, inclusive, of the Code of Virginia;

State Registrar of Vital Statistics, under the provisions of §§ 20-50 through
20-55, inclusive, of the Code of Virginia;

Commission of Fisheries—all revenues, fees and charges collected by the
Commission of Fisheries, all other laws and parts of laws to the contrary
notwithstanding, provided, however, that this provision shall not apply to
any such revenues which under the Constitution and laws of Virginia are
payable into the literary fund:

Board of Commissioners to Examine Pilots, under the provisions of
§§ 54-536, 54-588, 54-539 and 54-541 of the Code of Virginia;

Department of Taxation—all monies derived from licenses issued under
§ 58-402 of the Code of Virginia;

Department of Labor and Industry, or other agency, under the provisions
of §§ 40-96 through 40-120, inclusive, of the Code of Virginia.

ection 16. All of the taxes upon inheritances hereafter collected, regardless
the date of the death of the decedent, shall, when collected, be paid promptly
directly into the general fund of the State treasury.

ection 17. All fees or per diem collected by any superintendent of a State
pital for treatment of the mentally afflicted, or by any member of his staff,
the performance of services for which a fee or per diem is provided or paid
ll be paid promptly and directly into the general fund of the State treasury,
vided, however, that this provision shall not apply to any fee or per diem
wed by statute to any such superintendent or member of his staff when sum-
1ed as a witness in any court.

ection 18. All fees and other charges hereafter collected by or on behalf or
account of the State Corporation Commission, or any division or bureau
reof, in pursuance of law, for regulating the sale of securities, shal] be paid
mptly and directly into the general fund of the State treasury.

ection 19. All monies, fees, taxes and charges, hereafter collected by either
iny of the following boards or agencies, to-wit:

Virginia Board of Law Examiners

State Anatomical Board

State Board for the Examination and Certification of Architects, Professional

Engineers and Land Surveyors

State Board of Accountancy

State Board of Embalmers and Funeral Directors of Virginia

State Board of Medical Examiners

State Board of Examiners of Nurses

State Board of Opticians

State Board of Examiners in Optometry

State Board of Veterinary Examiners

Virginia Real Estate Commission

State Registration Board for Contractors

Board of Examiners (Mines)

Virginia State Board of Dental Examiners

on their behalf by the Department of Professional and Occupational Regis-
tion shall be paid directly and promptly into the general fund of the State
asury.
ection 20. The Governor is hereby authorized, in his discretion, to increase
appropriations to any State agency, or agencies, named in Section 19 of this
CH. 716] ACTS OF ASSEMBLY 1185

act, to an amount not to exceed the revenues collected and paid into the general
fund of the State treasury by the said State agency, or agencies, during the
biennium which ends June 80, 1958.

Section 21. On and after July 1, 1956, no public funds or money shall be
expended by any agency of the State government for the production of motion
Picture films except with the written approval of the Governor first obtained.

Section 22. All monies, fees and revenues which are required by law to be
paid into the State treasury when collected by either or any of the following
institutions and agencies, to-wit:

Virginia Truck Experiment Station

The Penitentiary (not including the Industrial Department)
Central State Hospital

Petersburg Training School and Hospital

Eastern State Hospital

Southwestern State Hospital

Western State Hospital

Lynchburg Training School and Hospital

State Industrial Farm for Women

State Penitentiary Farm

Southampton Penitentiary Farm

Bland Correctional Farm (not including the Lime Grinding Plant)
Beaumont School for Boys

Bon Air School for Girls

Janie Porter Barrett School for Girls

Hanover School for Boys

shall, on and after July 1, 1956, when collected by any of said institutions or
agencies, be paid promptly into the general fund of the State treasury.

It is provided, however, that the Governor may permit the expenditure by
any of said institutions of any such monies, fees and revenues so collected and
paid into the State treasury by the said institution for a material expansion of
the activities of the said institution, where in the judgment of the Governor such
expenditure will result, within a period of twelve months from the granting of
such permission by the Governor, in the repayment to the State treasury by the
said institution of an equal or larger amount than the monies so expended.

Section 28. It is hereby provided that the Governor may authorize or direct,
in writing, under such terms and conditions as he may prescribe, the transfer of
prisoner labor, or of farm commodities produced, at any State institution or insti-
tutions to any other State institution or institutions. It is further provided that
unit prices of foodstuffs or other commodities produced on farms, fixed under
§ 2-128 of the Code of Virginia, shall become effective only with the prior written
approval of the Governor.

Section 24. The appropriation in this act of a specific amount for the exami-
nation of the accounts of local governmental units shall not be construed as pro-
hibiting the examination or audit, by the Auditor of Public Accounts, of the books
or records of any county, city or other political subdivision, or any officer or
agency thereof, of this State, the cost of which audit or examination, is required
by existing laws to be borne by the said county, city or other political sub-
division. All monies hereafter paid into the State treasury as reimbursement to
the State for the cost of any such audit shall be paid into the general fund of
the State treasury, and any unexpended balance existing on the date this act
takes effect, in any special fund or special funds heretofore derived in the manner
as aforesaid, shall on such date be converted into the general fund of the State
treasury.

Section 25. With the written consent and approval of the Governor first
obtained, any department, institution or other agency of the State government
may expend, in addition to the appropriation herein made to such department,
1186 ACTS OF ASSEMBLY [vA., 1956

institution or agency, any money, revenue or funds paid into the State treasury
to the credit of said department, institution or agency, in excess of such appro-
priations as proceeds of donations, gifts or Federal grants, when later develop-
ments are believed to make such expenditure necessary, such expenditure to be
in accordance with the purpose for which said gift, grant or donation was made.
It is further provided that no donations, gifts or Federal grants whether or not
entailing commitments as to the expenditure, or subsequent request for appro-
priation or expenditure, from the general fund of the State treasury shall be
solicited or accepted by or on behalf of any department, institution or agency
without the prior written consent and approval of the Governor.

Section 26. Any amount paid to any department, institution or other agency
of the State government as proceeds of an insurance policy may be expended
to replace any property loss covered by such policy and is hereby appropriated,
for expenditure as far as may be necessary, to make such replacement; provided,
however, that the Governor’s written approval shall first be obtained for any such
expenditure of the proceeds of an insurance policy in excess of $38,000.

Section 27. It is hereby provided that no public funds or money shall be
expended by any State institution of higher learning to which an appropriation
is made by this act, for the purpose of paying for advertisements or advertising
intended or designed to promote student attendance, at any such institution, pro-
vided, however, that this provision shal] not be construed as prohibiting the
inclusion in college catalogs or bulletins of such pictures ag are necessary to
portray to a reasonable extent the more important architectural features, instruc-
tional facilities and student activities of any such State institution of higher
learning.

Section 28. No State institution of higher learning shall hereafter undertake
or engage in the operation of any new or additional extension school, day school
or junior college, without the approval of the General Assembly being first
obtained.

Section 28-A. No institution or department shall begin any new activity that
will call for future additional capital outlay or that will require an increase in
subsequent general or special fund operating expenses without first obtaining the
authorization of the General Assembly; provided the Governor may in writing
authorize new activities within the amounts and general purposes of the appro-
priations herein above set forth.

Section 29. Every appropriation set forth in the foregoing provisions of this
act for any State institution and made payable from the general fund of the State
treasury is to supplement revenues earned and collected by such institutions, exclu-
sive of such revenues paid into the general fund of the State treasury, and shall
be paid from the general fund of the State treasury only insofar as shall be
necessary to provide for the maintenance and operation of such institution; each
such appropriation shall be reduced by the Governor insofar as the same is not
so required.

Section 30. No expenditures for printing, ruling, lithographing, and binding
annual reports, or for printing, ruling, lithographing and binding any other pub-
lications, forms or material of any description, of or for The Virginia State Bar,
Department of State Police, the Division of Motor Vehicles, the Industrial Com-
mission, the: Unemployment Compensation Commission of Virginia, the Virginia
Alcoholic Beverage Control Board, the Virginia Athletic Commission, the Milk
Commission, the Commission of Game and Inland Fisheries, or the State High-
way Commission shall be paid out of the appropriations made to the Division of
Purchase and Printing. All expenditures incurred or made by any of the afore-
said departments or agencies for printing, ruling, lithographing and binding of
any description shall be paid by the department or agency for which such printing,
ruling, lithographing and binding is done out of the appropriation made to said
department or agency and shall not be paid out of the general fund of the State
treasury nor out of any appropriation payable therefrom.

Section 31. It is further provided that from the revenues collected and paid
into the treasury, by county and city treasurers, clerks of courts and delinquent
CH. 716] ACTS OF ASSEMBLY 1187

tax collectors, or, other collecting officers, creditable to any fund or funds other
than the general ‘fund of the Commonwealth, the cost of collecting which has been
paid from an appropriation out of the general fund of the Commonwealth, the
Comptroller shall deduct the amount of cost of such collections and credit the
same to the general fund of the Commonwealth to reimburse that fund for the
expense paid therefrom.

Section 82. The Virginia School for the Deaf and the Blind, at Staunton,
shall reimburse monthly the Western State Hospital, at Staunton, for steam
furnished the said School for the Deaf and the Blind by the said Western State
Hospital at a rate per thousand pounds of steam so furnished, to be fixed by the
Director of the Division of the Budget with the approval of the Governor. Such
rate shall include the actual cost of the production of such steam, by the Western
State Hospital, as determined by the Chief Engineer of the Division of the Budget,
including in said production cost all operating expenses, depreciation on heating
plant buildings and equipment and interest on the amount invested therein. The
amount received by the Western State Hospital from the said Virginia School for
the Deaf and the Blind, under this section, shall be credited by the Comptroller
to the appropriation for the Western State Hospital as a refund on the cost of
fuel purchased by the said hospital.

Section 33. For each year of the biennium ending June 80, 1958, there shall
be paid into the general fund of the State treasury for each department or agency
or section thereof supported entirely from special funds a rental charge for any
space it occupies in State-owned buildings at Richmond and/or a service charge.
Rental charges shall be based upon the average amount of floor space occupied
during each of said years, at an annual rate per square foot not exceeding the
prevailing rate for equivalent commercial rentals as determined by the Governor,
not exceeding, however, $3.50 per square foot for office floor space and $1.00 per
square foot for storage floor space; provided, however, that rental charges shall
not apply to occupancy of buildings purchased and maintained from special
funds. Charges for service, including but not limited to such items as light, heat,
power, water, janitorial and elevator service, and minor repairs, shall be based
upon the cost of such service, determined in a manner approved by the Governor.

It shall be the duty of the Director of the Division of the Budget to report the
rental charges and service charges, and the basis therefor, to the Comptroller on
June 30th and December 31st in each of said fiscal years for the preceding six
months; the Comptroller shall thereupon transfer to the general fund of the State
treasury, from the respective appropriations made to the said departments, or
agencies, or sections thereof, the amounts so specified.

Section 34. In order to reimburse the general fund of the State treasury for
expenses herein authorized to be paid therefrom on account of the activities listed
below, the sums stated below shall be transferred from the special funds specified
to the general fund on January 1 of each year of the biennium ending June 80,
1958:

Year Ending June 80th

1957 1958
1. Alcoholic Beverage Control Fund
(§ 4-28, Code of Virginia)
For legal services by Department of Law........ ......... $ 7,000 $ 7,000

For auditing accounts of Virginia Alcoholic Beverage
Control Board by Auditor of Public Accounts....$ 15,000 $ 15,000

For expenses incurred on account of said board by:
Department of Accounts and Purchases._..__....$ 8,000 3 8,000
Department of the Treasury.__._._.........-__..$__ 5,000 3 5,000

For expenses incurred for care, treatment, study and

enhahkili¢gandian «Ff anlanrkelian here
2. Forest Products Tax Fund
(§ 58-838.7, Code of Virginia)
For collection by Department of Taxation... $ 14,000 $ 14,500

8. State Corporation Commission
(Funds cited in Items 99-103, inclusive)
For share of Commission administrative and legal
expenses, to be pro-rated among such funds by
the Commission with the approval of the Gov-
CUNOL seresecrescsnemmnweascineicncancns stasunencmmmsinacamcmsmcuns SS SOiD1O $ 38,570

4. Proceeds of the Tax on Motor Vehicle Fuels
For inspection and analysis of gasoline and motor
1 $ 37,000 $ 36,000

TOCA cescsccsenicissamasscenuaamnnncommmmnnmaruceanconen $794,175 $877,285

Section 35. No automobile of the pleasure type shall be purchased by the
State or any officer or employee on behalf of the State costing more than one
thousand ($1,000) dollars without the written approval of the Governor first
obtained. This provision, however, shall not apply to automobiles purchased by
or for the use of the Governor of Virginia. The Governor is hereby authorized to
transfer surplus motor vehicles among the departments, institutions and agencies,
and the Director of the Department of Accounts and Purchases shall determine
the value of such surplus equipment for the purpose of maintaining the financial
accounts of the departments, agencies and institutions affected by such transfera.

Section 36. Allowances out of any of the appropriations made in this act
by any and all of the State institutions, departments, bureaus and agencies for
expenses on account of the use of personal automobiles in the discharge of official
duties shall not exceed seven cents per mile of actual travel. No additional allow-
ance over and above seven cents per mile of actual travel shall be made for storage,
or for any other expense exclusive of ferry or bridge tolls incident to the main-
tenance and operation of said personal automobiles.

Section 37. Travel, whether by common carrier, or privately owned or for
hire conveyance, shal] be over the most direct practicable route and allowances for
travel, except as authorized by § 86 of this act, shall not be certified to the
Comptroller for payment by agencies of government for amounts exceeding the
standard common carrier rates between points traveled except in an emergency
(which emergency shall be stated in the expense account), or, when, in the
interest of the State, a greater expense is justified, the facts in each such instance
to be stated in the expense account.

Section 88. All travel expense accounts shall be submitted on forms pre-
scribed or approved by the Comptroller. Each account shall show the dates
expenses were incurred or paid; points between which traveled; number of miles
traveled when claim for reimbursement for mileage is made; method of travel,
whether by railroad, steamship, bus, or, for hire, privately owned or State owned
automobile; pullman fare, to be shown separate from regular fare; hotel expense;
meals; incidental expenses, such as telegrams, telephone calls, etc., to be specified
in each instance; a concise statement of the purpose of or reason for such travel
expense. The Comptroller is specifically directed to withhold the issuance of
warrants in payment of expense accounts submitted for “lump sum” amounts.

Provided that nothing in this section is to be construed as prohibiting the
Governor from making rules and regulations providing for payments as “per
diem” in lieu of actual expenses for lodging, meals and necessary gratuities where
it has been previously determined to the satisfaction of the Governor that the
“per diem” allowed is not in excess of average daily actual expenses of the
traveler for lodging, meals and necessary gratuities, or in excess of $7.00 per day,
whichever is the lower.

Section 39. All public revenues received into the State treasury within the
two appropriation years provided for in this act (with the exception of the rev-
enues segregated by law to special purposes), and the balance of the appropria-
CH. 716] ACTS OF ASSEMBLY 1189

tions payable out of the general fund of the State treasury, made by previous
acts of the General Assembly unexpended at the close of business on the thirtieth
day of June, 1956, which unexpended balances, except as herein otherwise pro-
vided, are hereby declared to be lapsed into the State treasury, are hereby desig-
nated the general fund of the State treasury of the Commonwealth of Virginia, and
shall be used for the payment of the appropriations therefrom provided for in this
act, subject to the limitations and upon the conditions set out in this act.

Section 40. No State department, institution or other agency receiving appro-
priations under the provisions of this act shall exceed the amount of its appro-
priations, or incur obligations at a rate which would result in the creation of a
deficit in its appropriations, except in an emergency, and then only with the con-
sent and approval of the Governor in writing first obtained. No emergency shall
be deemed to exist because of conditions, which, by the exercise of reasonable
care and good judgment, could have been foreseen when the General Assembly
was in session. If any such State department, institution or other agency shall
exceed the amount of its appropriation without such consent and approval of
the Governor in writing first obtained, the Governor is hereby directed to withhold
his approval from such excess expenditure, and there shall be no reimbursement
of said excess, nor shall there be any liability or obligation upon the State to
make any appropriation hereafter to meet such deficit. Further, those members of
any governing board of any State department, institution or other agency who
shall have voted therefor, or, if there be no governing board, the head of any
State department, institution or other agency, making any such excessive expendi-
ture shall be personally liable for the full amount of such unauthorized deficit, and,
in the discretion of the Governor, shall be deemed guilty of neglect of official duty,
and be subject to removal therefor. The Governor is hereby directed to bring this
provision of this act to the attention of the members of the governing board of
each State department, institution or other agency, or if there be no governing
board, to the head of each State department, institution or other agency, not later
than the date this act becomes effective. The amount which the Governor may
authorize any State agency or agencies to expend, out of the general fund of the
State treasury, in excess of the appropriatior for such agency or agencies, under
the provisions of this section, during the biennium ending June 30, 1958, shall
not exceed for all such agencies combined one per cent (1%) of the revenues
collected and paid into the general fund of the State treasury during the two
consecutive years ending June 30, 1957.

Section 41. Any amount which a State department, institution or other State
agency may expend in excess of its appropriation, under authority given by the
Governor under this act to such department, institution or other State agency to
exceed its appropriation or to incur a deficit, shall be first obtained by the said
department, institution or agency by borrowing said amount on such terms and
from such sources as may be approved by the Governor and the State Treasurer.

Section 42. It shall not be lawful for the Comptroller to pay any State
department, institution or other agency any money, except as is provided for in
this act, or in pursuance of some act of the General Assembly making special
appropriations therefor.

Section 43. None of the monies mentioned in this act shall be expended for
any other purpose than those for which they are specifically appropriated. It shall
be the duty of the Governor, as chief budget officer of the State, or his deputy,
to see that this provision is strictly observed. Should he find that the said monies
are not being expended in accordance with the provisions of this act, or that the
expenditures under any appropriation included in this act are in excess of the
amount necessary to carry out the purpose for which said appropriation was made,
he is hereby given the power to restrain the Comptroller from making further
disbursements, in whole or in part, out of said appropriations, to the offending
State department, institution, officer or other agency receiving appropriations under
the provisions of this act, It is provided, however, that the several appropriations
made by this act may not only be used for the purposes specified in this act, but
authority is hereby given to the governing board of any State department, institu-
tion or other agency, or, if there be no governing board, to the head of such
1190 ACTS OF ASSEMBLY [vA., 1956

department, institution or other agency named in this act, to transfer, within the
respective department, institution or other agency, any such appropriations from
the object for which specifically appropriated or set aside to some other object
definitely and closely related to the object for which the appropriation was made.
Such transfer may be made only with the prior written consent of the Governor,
and only if an appropriation is also made by this act to said related object and if,
in the opinion of the Governor and department head, later developments have
rendered such transfer appropriate to carry out the original intention of the
General Assembly in making this appropriation. The total amount appropriated
to the respective department, institution or other agency shall in no case be
exceeded. Should such appropriation be withheld by the Governor from any State
department, institution, officer, or other agency, named in this act, or should
transfers be authorized by the Governor, as herein provided, a copy of the
Governor’s order in each case setting forth the reasons for withholding said
appropriations or for authorizing the transfer of said appropriations, as the case
may be, shall be preserved in the office of the Governor or the Division of the
Budget and kept open for public inspection.

It is further provided, however, that any State institution may, with the
written consent and approval of the Governor first obtained, spend, in addition to
the amount herein appropriated, out of the special revenues of such institution,
any additional special revenues paid into the State treasury to the credit of such
institution, where later developments are believed to make such additional expen-
diture necessary.

Section 44. Subject to uniform rules and regulations established by the
Governor, the head of any department or institution may authorize, from any
funds appropriated to the department or institution in this act or subsequently
made available for the purpose, compensation or expenses or both compensation
and expenses for employees pursuing approved training courses or academic
studies for the purpose of becoming better equipped for their employment in the
State service. The rules and regulations shall include reasonable provision for
the return of any employee receiving such benefits for a reasonable period of
duty, or for reimbursement to the State for expenditures incurred on behalf of
the employee.

Section 45. No disbursement shall be made from any funds appropriated
in this act to any society, institution, board, association, or agency, not owned or
controlled by the State of Virginia, except with the consent and approval of the
head or governing board of the supervisory department or agency herein desig-
nated. The payrolls or bills presented to the Comptroller for said expenditures
shall be itemized and classified, in accordance with the budget classification
adopted by the Governor, and shall be countersigned by the head or executive
officer of the designated State department or institution, and lump sum transfers
of appropriations to the aforesaid organizations are hereby prohibited. It shall
be the duty of each of said organizations to submit its biennial budget estimates
to the head or executive officer of the designated State department or institution
for examination and approval of the form of submission and for transmission of
the same to the Director of the Division of the Budget with such recommenda-
tions as may be considered necessary or advisable. The accounts of each of the
said organizations shall be subject to audit by the Auditor of Public Accounts at
the direction of the Governor.

Society, institution, board, Supervised by
association, or agency
Virginia Division, United Daughters Comptroller
of the Confederacy
Confederate Museum at Richmond State Librarian
Valentine Museum at Richmond

Virginia Historical Society
(Battle Abbey), at Richmond

Robert E. Lee Memorial Foundation,
Incorporated
CH. 716] ACTS OF ASSEMBLY 1191

Society, institution, board Supervised by
association, or agency

Woodrow Wilson Birthplace Founda-
tion, Incorporated

Virginia State Dairymen’s Director of the Extension Division of
Association the Virginia Polytechnic Institute
Virginia Beef Cattle Producers’
Association

Virginia Horsemen’s Association
Virginia Purebred Sheep Breeders’

Association

Association of Virginia Peanut and
Hog Growers

Association of Virginia Potato and Director of the Virginia Truck Experi-
Vegetable Growers ment Station

Barter Theater Director of Department of Conservation

and Development

Home for Needy Confederate Women Director of Welfare and Institutions,
subject to the approval of the State
Board of Welfare and Institutions

Virginia Home for Incurables

Virginia Institute of Scientific State Chemist, Department of Agricul-
Research ture and Immigration

Section 46. All the appropriations herein made out of the general fund of the
State treasury for the two years ending, respectively on June 30, 1957, and on
June 30, 1958, which have not actually been disbursed by warrants drawn by the
Comptroller on the State Treasurer and are thus unexpended on the books of the
Department of Accounts and Purchases at the close of business on June 30, 1958,
shall, except as herein otherwise expressly provided, revert to and become a part
of the general fund of the State treasury of the Commonwealth of Virginia, and
shall not thereafter be paid by the Comptroller and the same shal] be charged off
upon the books in his office, provided, however, that such unexpended balances
shall be continued in force for such period not to exceed ten days from June 30,
1958, as may be necessary in order to permit the payment of any claims, demands
or liabilities incurred prior to June 30, 1958, and unpaid at the close of business
on that date and shown by audit in the Department of Accounts and Purchases
to be a just and legal charge against any such unexpended balance. In case the
expenditures or indebtedness incurred at any institution receiving funds under
this act, shall exceed the amount appropriated without legal authority, the Comp-
troller is hereby directed to make public such overdraft, and the Director of the
Division of the Budget is hereby directed to set out the same in the next budget
giving detailed information as to the obligations involved, whether the overdraft
be legal or not. Each and every public officer handling any State funds shall, at
least once each year upon request of the Auditor of Public Accounts, make a
detailed statement, under oath, of the financial condition of his office as of the
date of such call, to the Auditor of Public Accounts, and upon such forms as shall
be prescribed by said Auditor of Public Accounts.

Section 47. If any part or parts, section, subsection, sentence, clause or
phrase of this act is for any reason declared unconstitutional, such decision shall
not affect the validity of the remaining portions of this act which shall remain
in force as if such act had been passed with the unconstitutional part or parts,
section, subsection, sentence, clause or phrase thereof eliminated; and the General
Assembly hereby declares that it would have passed this act if such unconstitu-
tional part or parts, section, subsection, sentence, clause or phrase had not been
included herein.

Section 48. All acts and parts of acts inconsistent with the provisions of this
act be, and the same are hereby, repealed.

Section 49. This act shall become effective on July 1, 1956.