CHAPTER 60

An Act to amend and reenact § 29-209, as amended, of the Code of
Virginia, relating to disposition of the dog fund. rH 56]

Approved February 21, 1964

Be it enacted by the General Assembly of Virginia:

1. That § 29-209, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 29-209. After paying the fifteen per centum on gross collections
to the State Treasurer as otherwise provided, the remaining amount in the
dog fund of the county or city shall first be used to pay for control of rabies,
treatment of persons for rabies, advertising notices, freight and express
or postage, and if the remainder is sufficient, all damages to livestock or
poultry, and if the governing body of the county so desires it may make
therefrom an allowance to the game warden for services, and all allowances
and payments heretofore made by the governing body of any county to
game wardens and ex officio game wardens for services are hereby vali-
dated. In the event the remainder is not sufficient to pay such damages, the
claims shall be filed and paid in the order of presentation out of the first
available money coming into the fund.

In the county of Orange, the governing body may employ, and pay
from the dog fund, a person or persons to investigate claims made for pay-
ment under this section.

Should there not be a sum sufficient in the dog fund of the counties of
Augusta, Rockbridge, Smyth, Prince William, Wythe, or Albemarle, respec-
tively, to defray all costs in such county, including the payment of claims
as provided in § 29-202, then the governing body of such county may
appropriate a sufficient amount from the general fund of such county to
provide payment of such costs and claims.

Any funds in excess of two hundred fifty dollars remaining in the
hands of the treasurer on December thirty-first may on that date be trans-
ferred into the general fund of the county or city, or at the discretion of
the governing body of any county or city, any portion thereof may be trans-
ferred into a special fund and used for the purpose of replenishing or re-
stocking quail or other game in such county or counties adjoining such
city; provided, that in the counties of Giles, Montgomery, Franklin, Pitt-
sylvania, Dinwiddie and Wythe and the city of Warwick, the entire fund
remaining in the hands of the treasurer on December thirty-first shall be
transferred by the governing body into a special fund and, subject to the
approval of the Commission, shall be used for the purpose of replenishing,
restocking and protecting quail or other game and game fish in the county;
provided, that in the county of Giles the governing body shall transfer the
entire fund remaining in the hands of the treasurer on December thirty-
first of each year into a special fund to be used for the purpose of replen-
ishing or restocking and protection of quail and other game and game fish
in the county, and in the county of Essex the governing body shall likewise
transfer the sum of two hundred fifty dollars, as above provided, for the
same purpose of replenishing or restocking and protection of quail and
other game and game fish in the county; provided, that in the county of
Wythe and the city of Warwick the special fund or any portion thereof
not so expended at the expiration of two years from the date of its transfer
as such special fund shall revert to the general fund of the county or city,
respectively, and in the discretion of the governing body be apportioned as
next herein provided.

In the discretion of the governing body of the respective counties, the
fund remaining in such county may be apportioned between the county
and any incorporated town or towns in such county in the proportion that
the amount of the license tax collected in the town or towns bears to the
total dog license tax in the county in which the town or towns are located,
to be used as the governing body of the town directs, except that in the
county of Essex no apportionment shall be made to the town of Tappahan-
nock and that in the county of Middlesex no apportionment shall be made
to the town of Urbanna.

Any funds heretofore set aside in the county of Grayson for the pur-
pose of replenishing, restocking and protecting quail or other game and
game fish in the county may, by order of the governing body of the county,
be transferred to the general fund of the county.

In the counties of Buchanan and Dickenson, the entire fund remaining
in the hands of the treasurer on December thirty-first shall be transferred
by the governing body into a special fund and subject to the approval of
the Commission of Game and Inland Fisheries shall be used for the purpose
of replenishing, restocking and protecting game birds and game animals
and game fish in the counties.