Chapter 20
SOUTHERN INTERSTATE NUCLEAR COMPACT
§$§ 2.1-8386 to 2.1-889
§ 2.1-1. Departments generally.—There shall be, in addition to such
others as may be established by law, the following administrative depart
ments and divisions of the State government:

(1) Department of Accounts.

(2) Department of Agriculture and Immigration.

(3) Department of Alcoholic Beverage Control.

(4) Department of Conservation and Economic Development.

(5) Department of Corporations.

(6) Department of Education.

(7) Department of Health.

(8) Department of Highways.

(9) Department of Labor and Industry.

(10) Department of Law.

(11) Department of Mental Hygiene and Hospitals.
(12) Department of Military Affairs.

(18) Department of Professional and Occupational Registration.
(14) Department of State Police.

(15) Department of Taxation.

(16) Department of the Treasury.

(17) Department of Welfare and Institutions.

(18) Department of Workmen’s Compensation.
(19) Division of Motor Vehicles.

(20) Department of Purchases and Supply.

(21) Department of Technical Education.

§ 2.1-2. Furnishing annual reports.—The heads of departments, div
sions, institutions and agencies of the Commonwealth shall furnish thei
annual reports to the officer to whom they are required to be made on c
fae the twentieth day of October of each year, unless otherwise provide

y law.

§ 2.1-8. Acceptance by departments, etc., of funds from Unite
States—Any department, agency, bureau or institution of this State ma
accept grants of funds made by the United States government, or any a
partment or agency thereof, to be applied to purposes within the function
of such State department, agency, bureau or institution, and may admini:
ter and expend such funds for the purposes for which they are granted.

§ 2.1-4. State Treasurer custodian of funds granted.—The Stat
Treasurer is hereby appointed custodian of all such funds, and shall di:
burse them on warrants issued by the department, agency, bureau or ir
stitution for whose use they are granted.

Transfer of possession of real estate between State ager
cles.—Real estate owned by the Commonwealth and held in possession b
an agency of the Commonwealth may be hereafter transferred to th
possession of another agency of the Commonwealth by the execution c
an agreement between the department head of such agencies, with th
written approval of the Governor, and recorded in the court of record i
the county or city in which the land is situate.

§ 2.1-6. Conveyance of easements to utility companies, public servic
corporations or companies and political subdivisions by State department:
agencies or institutions—Any State department or agency, or State ir
stitution through its governing board, is authorized, after having firs
obtained the consent of the Governor in writing, to convey to public utilit
companies, public services corporations or companies and political suk
divisions right of way easements over property owned by it for such cor
sideration as it shall deem proper, when such conveyance is deemed ex
pedient, and to execute the instruments necessary to effectuate such con
veyance, such instruments to be subject to the approval of the Attorne
General as to form.

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§ 2.1-7. Purebred livestock raised by State institutions and agencies
to be sold instead of slaughtered.—The person in charge of any State in-
stitution or agency which raises purebred livestock may, when any of such
livestock are to be slaughtered, sell the same to any person desiring to
acquire such livestock for breeding purposes, provided the interests of the
institution or agency will not be adversely affected thereby.

§ 2.1-8. Conveyances to Department of Highways by State institu-
tions or public corporations owned by State.—Any State institution or
public corporation whose funds and property are owned solely by the Com-
monwealth is authorized through its governing board to convey to the
Commonwealth of Virginia, Department of Highways, after having ob-
tained the consent of the Governor, in writing, such lands as may be neces-
sary for highway purposes or other uses incidental thereto, either for such
consideration as shall be deemed proper or in exchange for other lands, and
to execute the instruments necessary to effectuate the conveyance, such
pustroments to be subject to the approval of the Attorney General as to

orm.

The proceeds realized from such sale, with the approval of the Gov-
ernor, in writing, may be used by the State institution or public corporation
aforesaid for the purchase of other property or for capital improvements.

Any conveyance or agreement heretofore executed which, by its terms,
conveys lands from a State institution or other public corporation whose
funds and property are owned solely by the Commonwealth, to the Com-
pas of Virginia, Department of Highways, is hereby declared valid
and effective.

§ 2.1-9. Reproduction of records by photography and microphotogra-
phy.—The respective heads of the several administrative departments,
divisions, institutions and agencies of the State may, with the approval
of the State Librarian, cause all or any part of the records and papers
kept by or in their respective departments, divisions, institutions and
agencies to be photographed or microphotographed, and may acquire,
maintain and use such appropriate containers and files as shall be necessary
to accommodate and to preserve the photographs and microphotographs
so obtained, and such microphotoscopes and microphotoscopic facilities and
equipment as shall be necessary for the purpose of examining and using
such microphotographs, as well as such other microphotographic apparatus
and equipment as shall be necessary or advisable for the purpose of making
such microphotographs.

The State Librarian, on request of the heads of such departments,
divisions, institutions and agencies, may assist in the photographing,
microphotographing and microfilming of their records and papers and,
also at the request of such heads, may store such microfilmed or micro-
photographed records.

§ 2.1-10. Destruction of original records after photographing.—
Whenever photographs or microphotographs shall have been made and
put in conveniently accessible files, and provision has been made for pre-
serving, examining and using the same, the respective heads of such de-
partments, divisions, institutions and agencies may, with the approval
of the Governor, cause the records and papers so photographed or micro-
photographed, or any part thereof, to be destroyed; but before any such
records or papers are authorized to be destroyed, the Governor shall obtain
the advice and counsel of the State Librarian or his designated representa-
tive as to the desirability of placing such records and papers in the archives
of the State Library; whereupon the Governor may cause such records and
papers to be so transferred.

§ 2.1-11. The bonds of certain officers and of their clerks.—The offi-
cers and clerks mentioned in this section shall each give bond, with sufficient
sureties, to be approved by the Governor. Such surety may be either per-
sonal or a guaranty or trust company. If any clerk herein required to give
bond with surety shall give as such surety a guaranty company, the cost
thereof shall be paid by the Commonwealth.

The penalties of the bonds shall be as follows: Of the Secretary of
the Commonwealth, ten thousand dollars; of each of his clerks, three
thousand dollars; of the State Treasurer, two hundred and fifty thousand
dollars; of such of his employees as, in the opinion of the Governor, should
be bonded, as fixed by the State Treasurer, subject to the approval of the
Governor; of the Superintendent of Public Instruction, ten thousand dol-
lars; of each of his clerks, two thousand dollars; of the Commissioner of
Agriculture and Immigration, thirty thousand dollars; of each of his clerks,
five thousand dollars; of the Comptroller, as may be fixed by the Governor,
but not less than twenty-five thousand dollars; of such of the employees
in the office of the Department of Accounts as, in the opinion of the Gov-
ernor should be bonded, as fixed by the Comptroller, subject to the approval
of the Governor.

§ 2.1-12. Premiums on such bonds.—The Comptroller may pay out of
the State treasury the premiums on the surety bonds of all State officials
who are required to be bonded, for a period of more than one year when
a discount for advanced payment of such premiums may be obtained under
the rates, rules and regulations promulgated by the State Corporation Com-
mission according to law.

If any such surety bond be cancelled prior to its expiration, the portion
of the premium to be returned shall be calculated on the basis of the regular
annual rate of premiums for the duration of the bond as such refunds are
prescribed by the rates, rules and regulations promulgated by the Commis-
sion according to law.

§ 2.1-13. Bonds to be submitted to Attorney General.—Each of the
officers and clerks required by the preceding section to give bond shall sub-
mit his bond to the Attorney General for his examination, and in case of
his inability to act, by reason of sickness or otherwise, to such person
learned in the law as the Governor may select; and if, after examination,
such bond is found to be in proper form and legally executed, the Attorney
General, or the person so selected by the Governor, shall make an endorse-
ment on it to that effect.

§ 2.1-14. Governor may require new or additional bonds.—Any such
officer or clerk shall be required by the Governor, whenever in his opinion
it is necessary for the protection of the public interest, to give a new bond
or a bond in addition to one already given, to be approved by the Governor,
within such reasonable time after the officer or clerk has been notified of the
requirement, as the Governor shall prescribe; and if the officer or clerk fail
or refuse to give the bond required, his office shall be deemed vacant.

§ 2.1-15. Where bonds filed.—The bonds of all officers and employees
of all the departments, institutions and agencies of the Commonwealth,
except the Department of Accounts, shall, after being recorded by the
Secretary of the Commonwealth, as required by § 49-12, be transmitted
by him to the Comptroller and be filed in the office of the Comptroller, and
the bonds of all officers and employees in the Department of Accounts shall
be filed in the office of the Secretary of the Commonwealth; provided, how-
ever, that nothing in this section shall be construed to apply to notaries
public, nor to commissioners of the revenue, attorneys for the Common-
wealth, clerks of courts and treasurers of the counties and cities, nor to
other similar officers of a purely local character.

§ 2.1-16. When election or appointment of officers and clerks void.—
If the bond of the Comptroller be not so approved, or the oath prescribed
appointment shall be considered as void, and the Governor may proceed
to make a new appointment, subject to confirmation by the General Assem-
bly if in session when such appointment is made and, if not in session, then
at its next succeeding session. If the bond of the Secretary of the Com-
monwealth, of the State Treasurer, of the Superintendent of Public In-
struction, or of the Commissioner of Agriculture and Immigration, be not
given and approved within thirty days from the beginning of the term
for which he is appointed, the appointment of such officer shall be deemed
void, and his office shall be deemed vacant, and the Governor shall proceed
to make a new appointment, subject to confirmation by the General Assem-
bly if in session when such appointment is made and, if not in session,
then at its next succeeding session. If the bond of any of the clerks or
employees, required by § 2.1-11 to give bond, be not given and approved
within thirty days from the date of his appointment, his office shall be
deemed vacant, and shall be filled as provided by law.

2.1-17. How certain officers removed from office—The Secretary
of the Commonwealth, the State Treasurer, the Comptroller, the Superin-
tendent of Public Instruction or the Commissioner of Agriculture and
Immigration may be removed from office by joint vote of the two houses
of the General Assembly, or, during the recess thereof, may be suspended
by the Governor. This power shall not be exercised by the Governor except
for misbehavior, incapacity, neglect of official duty, or acts performed
without due authority of law. In any case in which this power is so ex-
ercised by the Governor, he shall fill the office by a temporary appointment,
and report to the General Assembly, at the beginning of the next session
thereof, the fact of such suspension and the cause therefor, whereupon
the General Assembly shall determine whether such officer shall be restored
or finally removed.

§ 2.1-18. Governor to fill vacancy in any State office where no other
provision is made by law.—When a vacancy occurs in any State office,
whether the officer be elected by the people or the General Assembly, or be
appointed by the Governor, and no other provision is made for filling the
same, it shall be filled by the Governor.

§ 2.1-19. Term of such appointment.—If such office be one filled by
election by the people, the appointee shall hold such office until the next
general election, and thereafter until his successor qualifies, according to
law. If it is to be filled by an election by the General Assembly or appoint-
ment by the Governor, and such appointment requires confirmation of the
Senate or the General Assembly, the appointee shall hold such office until
thirty days after the commencement of the next session of the General
Assembly.

§ 2.1-20. Appointment of acting officer in case of temporary dis-
ability—When any officer in charge of or at the head of any division or
department of the State government shall because of sickness or for any
other reason be unable to perform the duties of his office and no provision
is made for someone, or for the appointment of someone, to exercise the
powers and perform the duties of such office while such officer is sick or
unable to act, the Governor shall have the power to appoint some person
temporarily to fill such office as acting head or in charge of such division or
department, who shall after qualifying exercise the powers and perform
the eee of such office until the incumbent returns or the office be other-
wise .

§ 2.1-21. Legal holidays.—In each year the first day of January
(New Year’s Day), January nineteenth (Lee-Jackson Day), the twenty-
second day of February (George Washington Day), the thirtieth day of
May (Confederate Memorial Day), the fourth day of July (Independence
Day), the first Monday in September (Labor Day), the Tuesday next fol-
lowing the first Monday in November (Election Day), the eleventh day of
November (Veterans Day), the twenty-fifth day of December (Christmas
Day), or, whenever any of such days shall fall on Sunday, the Monday next
following such day, and any day so appointed by the Governor of this State
or the President of the United States, shall be a legal holiday as to the
transaction of all business.

§ 2.1-22. Acts, business transactions, legal proceedings, etc., on holi-
days valid.—No contract made, instrument executed, or act done on any
of the legal holidays named in the preceding section, or on any Saturday,
whether before or after twelve o’clock, noon, shall be thereby rendered
invalid, and nothing in such section shall be construed to prevent or in-
validate the entry, issuance, service or execution of any writ, summons,
confession, judgment, order or decree, or other legal process whatever, or
the session of the proceedings of any court or judge on any of such legal
holidays or Saturdays, either before or after twelve o’clock, noon, nor to
prevent any bank, banker, banking corporation, firm or association from
keeping their doors open and transacting any lawful business on any of
such legal holidays or Saturdavs.

§ 2.1-28. Permissive Saturday closing of banks.—It shall be lawful
for any bank as defined in § 6-6, including national banking associations
and federal reserve banks, to permit any one or more or all of its offices
to remain closed on any one or more or all Saturdays, as the bank, by resolu-
tion of its board of directors, may from time to time determine. Any Satur-
day on which an office of a bank shall remain closed, as herein permitted,
shall as to such office, constitute a legal holiday, and any act authorized,
required or permitted to be performed at, by or with respect to any such
Office on a Saturday on which the office is so closed, may be performed on
the next succeeding business day and no liability or loss of rights of any
kind shall result from such delay.

§ 2.1-24. Mother’s Day; display of flags.—The Governor is authorized
to issue annually a proclamation calling upon State officials to display the
flag of the United States and of the Commonwealth on all public buildings,
and the people of the State to display such flags at their homes and other
suitable places on the second Sunday in May, known as “Mother’s Day,” as
a public expression of love and reverence for the mothers of this State.

§ 2.1-25. Arbor Day.—The second Friday in March of each year shall
be designated and known as “Arbor Day.”

§ 2.1-26. Dogwood Day.—The third Saturday in April of each year
shall be known and designated as “Dogwood Day.”

§ 2.1-27. First Lady’s Day in Virginia—Martha Washington’s birth-
day, the second day of June, nineteen hundred sixty, and the same day of
each succeeding year is designated as First Lady’s Day in Virginia in special
tribute to Martha Washington as America’s first First-Lady and to each of
her successors as First Ladies of this Nation; and upon this date, in per-
petuity, all citizens, groups and appropriate agencies in and of the Common-
wealth of Virginia and of the Nation are urged to reflect upon and give
appropriate recognition to the magnificent contribution of this Nation’s
First Ladies to the heritage of the United States of America.

§ 2.1-28. Virginia and American History Month.—That period of
time between January nineteen and February twenty-second, nineteen
hundred sixty-one, both inclusive, and the same period of time of each
succeeding year is designated as Virginia and American History Month in
special tribute to the founders, builders, and preservers of this Common-
wealth and Nation.

§ 2.1-29. Office hours to be in accordance with executive orders of
Governor.—The offices of all State officers, departments, boards, bureaus,
commissions, divisions and institutions required by law to maintain regular
business quarters at the seat of government shall hereafter be kept open
for the transaction of public business in accordance with such executive
order or orders of the Governor as may be issued from time to time.

This section shall not apply to the offices of the legislative and judicial
departments of the State government.

§ 2.1-30. Holding office under United States——No person shall be
capable of holding any office of honor, profit or trust under the Constitution
of Virginia, who holds any office or post of profit, trust, or emolument,
civil or military, legislative, executive, or judicial, under the government
of the United States, or who is in the employment of such government, or
who receives from it in any way any emolument whatever; and the accep-
tance of any such office, post, trust, or emolument, or the acceptance of
any emolument whatever under such government, shall, ipso facto, vacate
any office, or post of profit, trust or emolument under the government of
this Commonwealth or under any county, city, or town thereof.

§ 2.1-31. Exception as to public officer or employee engaging in war
service or called to active duts with the armed forces.—No State, county or
municipal officer or employee shall forfeit his title to office or position or
vacate the same by reason of either engaging in the war service of the
United States or when called forth by the Governor pursuant to the
provisions of § 44-75 or when called to active duty in the armed forces of
the United States; and any such officer or employee who, voluntarily or
otherwise, enters upon such war service or is called to service as provided
may notify the officer or body authorized by law to fill vacancies in his
office, of such fact, and thereupon be relieved from the duties of his office
or position during the period of such service; and the officer or body au-
thorized to fill vacancies shall designate some suitable person to perform
the duties of such office as acting officer during the period the regular
officer is engaged in such service, and during such period the acting officer
shall be vested with all the powers, authority, rights and duties of the
regular officer for whom he is acting.

§ 2.1-82. Exception as to public officer or employee serving in the
Selective Service System of the United States.—No State, county or mu-
nicipal officer or employee shall forfeit or vacate, or be held to have for-
feited or vacated, his office or position, by reason of serving or of having
served as an officer, member, agent or employee, or in any other position
or capacity, in the Selective Service System of the United States.

No person shall be ineligible to hold any State, county or municipal
office or position by reason of being engaged in service in Virginia in the
Selective Service System of the United States.

$ 2.1-33. Further exceptions.—§ 2.1-30 shall not be construed:

(1) To prevent members of Congress from acting as justices of
the peace, visitors of the University of Virginia or the Virginia Military
Institute, or from holding offices in the militia;

(2) To exclude from offices under the State, city or town govern-
ment of offices under any county, a person to whom a pension has been

nted by the United States or who receives retirement compensation
in any manner from the United States, or any person receiving or en-
titled to receive benefits under the Federal Old-Age and Survivors’ In-
surance System or under the Federal Railroad Retirement Act;

(3) To exclude from such office or post officers or soldiers on ac-
count of the recompense they may receive from the United States when
called out in actual duty;

(4) To prevent United States commissioners or United States census
enumerators, supervisors, or the clerks under the supervisor of the United
States census, or fourth-class or third-class postmasters, or United States
caretakers of the National Guard of Virginia, from acting as notaries,
school trustees, justices of the peace, or supervisors, or from holding any
district office under the government of any county, or the office of council-
man of any town or city in this State;
(5) To prevent any United States rural mail carrier, or star route
mail carrier from being appointed and acting as notary public or holding
any county or district office ; ;

(6) To prevent any civilian employee of the United States govern-
ment from being appointed and acting as notary public;

(7) To prevent any United States commissioners of United States
park commissioners or referees in bankruptcy from holding the office of
commissioner in chancery, bail commissioner, jury commissioner, com-
missioner of accounts, assistant commissioner of accounts, assistant police
justice or substitute or assistant civil justice, or assistant judge of a
municipal court of any city or assistant judge of a juvenile and domestic
relations court of any city, or judge of any county court or juvenile
and domestic relations court of any county, or the municipal court or
court of limited jurisdiction, by whatever name designated, or any in-
corporated town; ;

(8) To prevent any person holding office or a post of profit, trust
or emolument, civil, legislative, executive or judicial, under the government
of the United States, from being a member of the militia, or holding
office therein, or from being a director in a State institution ;

(9) To prevent foremen, quartermen, leading men, artisans, clerks
or laborers, employed in any navy yard or naval reservation in Virginia
from holding any office under the government of any city, town or county
in this Commonwealth; ;

(10) To prevent any United States government clerk from holding
any office under the government of any town or city; or from being ap-
pointed as special policemen for a county by the circuit court or judge
thereof as provided for in § 15.1-144; .

(11) To prevent any United States government employee, otherwise
eligible, from holding any office under the government of any county in
this State having a population in excess of three hundred inhabitants per
square mile, or of any city or county adjoining any county having a popula-
tion in excess of two thousand inhabitants per square mile;

(12) To prevent any person holding an office under the United
States government from holding a position under the management and
control of the State Board of Health; ;

(13) To prevent any State federal director of this State in the em-
ployment service of the United States Department of Labor from holding
the office of Commissioner of Labor of this State; or

(14) To prevent clerks and employees of the Federal government
engaged in the departmental service in Washington from acting as school

stees.

§ 2.1-34. Members of military or naval reserve force, etc.—No per-
son shall, by reason of being a member of the United States military or
naval reserve force, or by reason of being a retired officer of the United
States army, navy or marine corps and receiving pay therefor, be dis-
qualified from holding any office under the government of the Common-
wealth, or under any county, city, town, magisterial district or school dis-
trict thereof.

§ 2.1-35. Holding other office by officers of State institutions —No
person serving as a member of the governing board of any institution,
supported in whole or in part by funds paid out of the State treasury,
or as rector of such institution, or as president or chairman of the govern-
ing board thereof, shall hereafter hold, during his term of office, any
other office or position with the institution on the board of which he is
serving; and if any such person shall hereafter accept any such office or
position such acceptance shall ipso facto vacate his office as a member of
such board. Nothing in this section shall be construed to prevent mem-
bers of boards of agricultural colleges from doing field or extension work.
§ 2.1-36. Forfeiture of office by person sentenced for felony.—A per-
son holding any office of honor, profit or trust under the Constitution
of this State who may be sentenced for felony by any court of this State
shall by such sentence forfeit his office or post and be thereafter incapable
of acting therein under his previous election or appointment; and though
a@ pardon be afterwards granted him, such pardon shall not avoid the
forfeiture. oe

§ 2.1-37. Acts under color of office; contracts in violation of chapter.
—All judgments given, and all acts executed or done by any person by
authority or color of any office or post, or the deputation thereof, before his
removal therefrom, shall be as valid as they would be if this chapter had
not been enacted; but every contract or security made or obtained in vio-
lation of this chapter shall be void.

§ 2.1-38. Divisions in the Governor’s office—In the Governor’s of-
fice there shall be the following divisions: Division of the Budget, Di-
vision of Records and Division of Industrial Development and Planning.
In addition thereto, the Governor may employ such administrative as-
sistants as may be necessary and may fix their salaries within the limita-
tion of funds appropriated for executive control of the State.

§ 2.1-39. Appointments to office—No person appointed to any office
by the Governor, whose appointment is subject to confirmation by the
General Assembly, shall enter upon, or continue in, office after the General
Assembly shall have refused to confirm his appointment, nor shall such
person be eligible for reappointment during the recess of the General As-
sembly to fill the vacancy caused by such refusal to confirm.

§ 2.1-40. Personal staff.—The personal staff of the Governor and
commander-in-chief shall consist of the Adjutant General of the State and
such additional aides as may be detailed by the Governor and commander-
in-chief from the commissioned personnel of the National Guard of Vir-
ginia, the officers reserve corps or the naval reserve corps, or officers of the
army or navy of the United States, retired or former officers of the army
or navy of the United States not to exceed five at any one time, which detail
shall operate for the time being as a commission to each officer so detailed
as aide-de-camp, but shall not add to the actual grade of any such officer.
No officer so detailed shall be compelled to serve, nor shall any officer so
detailed who consents to serve be entitled to or receive any compensation
as such aide. Officers so detailed shall not be relieved from their ordinary
duties, except when actually on duty with the Governor and commander-
in-chief. No officer shall be detailed under this section unless he be a
qualified voter of the State. In addition to the officers above detailed, the
Governor may appoint and commission with the rank of colonel as a
personal aide, the Clerk of the House of Delegates and Keeper of the
Rolls of Virginia.

§ 2.1-41. Civil contingent fund.—Out of the sum annually appropri-
ated as a civil contingent fund, there may be paid all expenses in the
execution of any law for which there is no special appropriation, and any
other sums which the Governor may deem necessary or proper. No pay-
ment shall be made out of such contingent fund, except upon the order
of the Governor, directed to the Comptroller.

§ 2.1-42. Officers of State and its institutions to make reports to
Governor.—The officers of the executive department at the seat of govern-
ment, and superintendents and boards of State institutions, shall make
to the Governor in writing, under oath, reports at such times as may
be prescribed by law, and they shall also make in writing, under oath,
reports at any time that the Governor may require upon any subject re-
lating to their respective offices and institutions. The reports shall be in
such form and with such particulars as the Governor may require. They
shall be filed in the office of the Secretary of the Commonwealth, and
under his supervision summarized and recorded in proper books kept for
the purpose. _,

§ 2.1-48. Removal of members of boards of visitors, examining
boards, etc.—The Governor is hereby authorized to remove from office for
malfeasance, misfeasance, incompetency, gross neglect of duty, or for un-
lawful or willful neglect of duty, any person appointed by the Governor
as a member of the board of visitors of any State college, university,
institution, or agency, or as a member of any examining or licensing
board, of the State, and to fill the vacancy resulting from such removal.

§ 2.1-44. Governor may require production of records and vouchers
and may inspect books, ete—Whenever the Governor deems it necessary
and proper, he may require any such officer, superintendent, board, State
employee, or any person to appear before him, and he may also require
the production of any official books, accounts, vouchers, and other papers
relating to their offices and duties. The Governor shall have the power to
issue subpoenas or other writs for the purpose of enforcing the provisions
of this section. For the proper inspection of such records, vouchers, and
other papers he may employ accountants.

§ 2.1-45. Disposal of official correspondence.—The Governor preced-
ing the end of his term of office shall have delivered to the State Library
for safekeeping all correspondence of his office during his term; provided
that this shall not apply to correspondence of a personal or private nature,
the decision thereon to be made by the Governor.

§ 2.1-46. Authority over rooms and space in public buildings.—
Rooms and space in the State Office Building and other public buildings
at the seat of government, other than the Capitol, whether such rooms
or space be occupied or not, may be vacated, assigned, and reassigned by
the Governor to such departments, divisions, agencies, and officers of the
State as the Governor shall deem proper. Nothing herein contained, how-
ever, shall authorize the Governor to vacate, assign or reassign any rooms
or space now occupied by the Supreme Court of Appeals and the justices
thereof, without the consent and approval of that body.

§ 2.1-47. Powers with respect to State-owned motor vehicles.—

(1) The Governor may prescribe, by general or special executive
orders, rules and regulations for the purchase, use, storage, maintenance
and repair of all motor vehicles owned by the Commonwealth, and in
the possession of any department, institution or agency thereof, his super-
vision over which is not forbidden by the Constitution. If in his judgment
considerations of economy or convenience indicate the expediency thereof,
he may require all such vehicles, or such of them as he may designate,
to be kept in such garages, or other places of storage, and to be made
available in such manner and under such terms for the official use of such
departments, institutions, agencies, officers, agents and employees of the
State, as he may designate in any such general or special order.

If any such State officer, agent or employee fails to comply with
any rule, regulation or order of the Governor made pursuant to the pro-
visions of this section, the Comptroller shall, upon order of the Governor,
refuse to issue any warrant or warrants on account of expenses incurred,
or to be incurred, in the purchase, operation, maintenance, or repair of any
motor vehicle now or to be in the possession or under the control of such
officer, agent or employee, or the Governor may order some officer or agent
of the State to take possession of any such vehicle and to transfer it to
some other department, institution, agency, officer, agent or employee, or
to make such other disposition thereof as the Governor may direct.

(3) The Governor may utilize any building or land owned by the
State and not required to be used for other purposes, for the storing and
garaging of such motor vehicles. He may provide for the employment of
watchmen or guards, and also mechanics and other labor to repair and
service such vehicles, and for the purchase of gasoline, oi] and other sup-
plies for use in connection therewith, and provide for the allocation among
the various departments and agencies utilizing same of their proper pro-
portionate part of the cost of such repairs, servicing, gasoline, oil, and
other supplies.

(4) The Governor is hereby authorized to create in the State Treas-
urer’s Office a special fund to be reflected on the books of the Comptroller,
out of which all costs and expenses incurred pursuant to this section shall
be paid. All allocations of costs and charges for repairing and servicing
motor vehicles made against any institution, agency, or department shall,
when approved by the department head against which same is made, be paid
intu such special fund by interdepartmental transfers on the Comptroller’s
books. All funds so paid or transferred into such special fund are hereby
appropriated for the purposes of this section and shall be paid out on
warrants of the Comptroller issued upon vouchers signed by such officer
or employee of the State as the Governor may designate.

(5) The Governor is authorized by executive order or regulation to
impose upon the Director of the Division of the Budget, or any other
agency of the Executive Department of the Government, any or all ad-
ministrative duties pertaining to the administration of this section.

_ (6) All proper charges for repairing and servicing motor vehicles
which have heretofore been incurred by any department, agency or in-
stitution in connection with the garaging, servicing and repairing of
State cars under any former executive order and the regulations incident
thereto, shall be paid by every such department, institution or agency into
the special fund provided for in subsection (4) hereof when same is estab-
lished by the Governor.

§ 2.1-48. Approval of purchase of passenger type automobile; trans-
fer of surplus vehicles among departments, etc.—No passenger type auto-
mobile shall be purchased by the State or any officer or employee on behalf
of the State without the written approval of the Governor first obtained.
The Governor shall have authority to transfer surplus motor vehicles
among the departments, institutions and agencies, and the Director of the
Department of Accounts shall determine the value of such surplus equip-
ment for the purpose of maintaining the financial accounts of the depart-
ments, agencies and institutions affected by such transfers.

§ 2.1-49. Suits by Governor.—In order to protect or preserve the
interests or legal rights of the Commonwealth in all cases not provided
for by existing law, the Governor may, by and with the advice of the
Attorney General, institute and prosecute any requisite and appropriate
action, suit, motion or other proceeding, in the name of the Commonwealth,
in the Supreme Court of the United States or any other court or tribunal
in which such action, suit, motion or other proceeding may be properly
commenced and prosecuted.

§ 2.1-50. To whom return on warrant of Governor to be made.—Any
officer to whom any order or warrant of the Governor is directed shall
make return thereof to the Secretary of the Commonwealth, who shall
preserve the same in his office.

§ 2.1-51. Power to remove restrictions and penalties and to reinstate
licenses of attorneys at law.—Whenever in his opinion the ends of justice
and the best interests of the State will be subserved thereby, the Governor,
upon the recommendation of the Supreme Court of Appeals, may remove
any restrictions or disabilities theretofore imposed in connection with the
suspension or revocation of any license or certificate issued under the laws
of this State to any attorney at law, and restore and reinstate such license
or certificate to the holder deprived thereof with all the rights and privileges
thereto belonging; provided, that at the time of application for such relief
there is no other adequate remedy for obtaining the same at law.
§ 2.1-52. Governor chief budget officer; assistants——The Governor
shall be the chief budget officer of the State. The Governor shall appoint
a Director of the Division of the Budget, who shall hold his position at the
pleasure of the Governor. The Governor also shall appoint such other com-
petent budget assistants and special help as may be required to carry out
the provisions of this chapter. Such assistants and employees shall receive
such compensation as shall be fixed from time to time in the general appro-
priation acts or such as shall be otherwise provided in accordance with
law for the purpose.

§ 2.1-58. Director of the Division of the Budget; powers and duties.
—The Director of the Division of the Budget shall, under the direction and
control of the Governor, exercise such powers and perform such duties as
are conferred or imposed by law upon him; and he shall perform such other
duties as may be required of him by the Governor.

In addition thereto, such Director shall requisition the number of and
designate the quality and manner of binding of every annual or biennial
report, including catalogs of State supported institutions of higher learning,
proposed by any State department, division, institution, officer or agency,
to be printed out of public funds; and it shall be unlawful for any such
report or catalog to be printed unless and until it shall have been sub-
mitted to such Director and a certificate thereof, signed by such Director,
shall have been attached to the report or other catalog.

The Director of the Division of the Budget shall not, however, edit
or change in any respect any such report or catalog.

§ 2.1-54. Estimates by officers and institutions —(a) On or before
the first day of November biennially in the odd numbered years each of the
several] State departments, bureaus, divisions, officers, commissions, institu-
tions, and other agencies and undertakings receiving or asking financial aid
from the State shall report to the Governor, on official estimate blanks
furnished for such purpose, an estimate in itemized form showing the
amount needed for each year of the ensuing biennial period beginning with
the first day of July thereafter. The official estimate blanks which must be
used in making these reports shall be furnished by the Governor, shall be
maiform and shall clearly designate the kind of information to be given

ereon.

(b) To facilitate regular payments into the Insurance Reserve Trust
Fund, the official estimate blanks provided each agency by the Governor
shall contain a column headed “State Insurance Reserve Trust Fund.” Each
agency shall set forth in this column the amount of the savings, if any, for
each year of the biennium based on the formulas set forth in § 2.1-107.

§ 2.1-55. Estimates for General Assembly and judiciary.—On or be-
fore the first day of December biennially in the odd numbered years the
Comptroller shall furnish the Governor an estimate of the financial] needs
of the General Assembly, itemized in strict accordance with the budget
classifications adopted by the Governor, and certified and approved by the
presiding officer of each house, for each year of the ensuing biennial period
beginning with the first day of July thereafter; and the Supreme Court of
Appeals of Virginia shall furnish to the Governor an estimate of the finan-
cial needs of the judiciary, as provided by law, itemized in strict accordance
with the budget classifications adopted by the Governor, for each year of the
ensuing biennial period beginning with the first day of July thereafter. The
Comptroller and the Supreme Court of Appeals shall transmit to the Gov-
ernor with these estimates full and detailed explanations of all increases or
decreases.

§ 2.1-56. Financial statements by Comptroller.—On or before the
first day of November biennially in the odd numbered years the Comptroller
shall furnish to the Governor the following statements, classified and item-
ged in strict accordance with the budget classifications adopted by the
overnor:

(1) Astatement showing the balance standing to the credit of the sev-
eral appropriations for each department, bureau, division, officer, board,
commission, institution, or other agency or undertaking of the State at the
end of the last preceding appropriation year.

(2) A statement showing the monthly expenditures and revenues
from each appropriation account, and the total monthly expenditures and
revenues from all the appropriation accounts, including special and all
other appropriations, in the twelve months of the last preceding appro-
priation year.

(3) A statement showing the annual expenditures in each appropria-
tion account, and the revenues from all sources, including expenditures and
revenues from special and all other appropriations, for each year of the
last two appropriation years, with a separate column showing the in-
crease or decrease for each item.

(4) An itemized and complete financial balance sheet for the State
at the close of the last preceding fiscal year ending September thirtieth.

(5) Such other statements as the Governor shall request.

§ 2.1-57. Reports by officers and institutions.——The departments,
bureaus, divisions, officers, boards, commissions, institutions, or other agen-
cies or undertakings of the State, upon request, shall immediately furnish
to the Governor, in such form as he may require, any information desired
by him in relation to their respective affairs or activities.

§ 2.1-58. Hearings on estimates——The Governor shall provide for
public hearings on any and all estimates to be included in the budget, which
shall be held during the month of November biennially in the odd num-
bered years. The Governor shall require the attendance at these hearings
of the heads or responsible representatives of all State departments, bu-
reaus, divisions, officers, boards, commissions, institutions, or other agen-
cles or undertakings receiving or asking financial aid from the State.

§ 2.1-59. Financial survey by Governor.—On or before the first day
of December biennially in the odd numbered years the Governor and his
assistants must have completed a careful survey of all the departments,
bureaus, divisions, officers, boards, commissions, institutions, and other
agencies and undertakings of the State through which he shall be in
possession of the working knowledge upon which to base his recommenda-
tions to the General Assembly.

§ 2.1-60. Submission of budget to General Assembly.—Within five
days after the beginning of each regular session of the General Assem-
bly, the Governor shall submit to the presiding officer of each house
printed copies of a budget, based on his own conclusions and judgment,
containing a complete and itemized plan of all proposed expenditures for
each State department, bureau, division, officer, board, commission, in-
stitution, or other agency or undertaking, classified by function character
and object, and of estimated revenues and borrowings, for each year in
the ensuing biennial period beginning with the first day of July thereafter.
Opposite each item of the proposed expenditures the budget shall show
in separate parallel columns the amount appropriated for the last preced-
ing appropriation year, for the current appropriation year, and the in-
crease or decrease.

The Governor shall accompany the budget with:

(1) A statement of the revenues and expenditures for each of the
two appropriation years next preceding, classified and itemized in ac-
cordance with the official budget classifications adopted by the Governor.

(2) A statement of the current assets, liabilities, reserves and sur-
plus or deficit of the State.

(3) Astatement of the debts and funds of the State.
(4) A statement showing the Governor’s itemized estimates of the
condition of the State treasury as of the beginning and end of each of the
next two appropriation years.

(5) An itemized and complete financial balance sheet for the State
at the close of the last preceding fiscal year ending June thirtieth.

A general survey of the State’s financial and natural resources,
with a review of the general economic industrial and commercial condi-
tion of the Commonwealth.

(7) Statements showing the estimated additional annual costs of the
maintenance and the use of each item of capital outlay and the estimated
additional annual costs of each new service recommended in the plan of
proposed expenditures. The statements shall set forth separately esti-
mates of the number of additional personnel and their salaries, and esti-
mates of other costs. ;

§ 2.1-61. Budget bill—The Governor also shall submit to the presi-
ding officer of each house of the General Assembly, at the same time he
submits his budget, copies of a tentative bill for all proposed appropria-
tions of the budget, clearly itemized and properly classified, for each year
in the ensuing biennial appropriation period, which shall be known as
“The Budget Bill.” No such budget bill shall contain any appropriation
the expenditure of which is contingent upon the receipt of revenues in
excess of funds unconditionally appropriated. ;

§ 2.1-62. Consideration of budget by committees.—The standing
committees of the House of Delegates and of the Senate being in charge of
appropriation measures shall sit jointly in open sessions while considering
the budget, and shall begin such joint meetings within five days after the
budget has been submitted to the General Assembly by the Governor. This
joint committee may cause the attendance of heads or responsible rep-
resentatives of the departments, institutions and all other agencies of the
State to furnish such information and answer such questions as the joint
committee shall require, and to these sessions shall be admitted, with the
right to be heard, all persons interested in the estimates under considera-
tion. The Governor, or his representative, and the Governor-elect, shall
have the right to sit at these public hearings and be heard on all matters
coming before the joint committee.

§ 2.1-63. Changes in budget bill by General Assembly.—The Gen-
eral Assembly may increase or decrease items in the budget bill as it may
deem to be in the interest of greater economy and efficiency in the public
service, but neither house shall consider further or special appropriations,
except in case of an emergency, which fact shall be clearly stated in the
bill therefor, until the budget bill shall have been finally acted upon by
both houses. All bills introduced in either house carrying appropriations
shall be itemized in accordance with the classifications used in the budget.

§ 2.1-64. Supervision and direction of Governor; Director of Divi-
sion; Advisory Board; State’s program of industrial development; ac-
ceptance and authorization of grants and other assistance; interstate
compacts; expenditure of funds.—The Division of Industrial Develop-
ment and Planning, hereinafter referred to as Division, shall be under
the supervision and direction of the Governor. The Governor shall ap-
point an executive assistant as Director of the Division who shall hold
his position at the pleasure of the Governor, and who shall be paid such
compensation as the Governor may fix. The Governor shall also appoint
an Advisory Board consisting of eleven members. The executive assistant
serving as Director shall be an ex officio member of the Board. The mem-
bers of the Advisory Board shall be appointed initially as follows: Three
members for terms of two years, four members for terms of three years
and four members for terms of four years, and thereafter all members
shall be appointed for terms of four years. The appointments to mem-
bership on the Advisory Board shall be subject to confirmation by the
General Assembly, if in session, and, if not, then at the succeeding session.
Vacancies on the Advisory Board shall be filled for the unexpired term,
subject to confirmation as original appointees.

The members of the Advisory Board shall receive no salaries but
shall be paid their necessary travelling and other expenses incurred in
attendance upon meetings, or while otherwise engaged in the discharge
of their duties.

The Division, under the supervision and direction of the Governor,
is charged with the responsibilities for carrying out all phases of the
State’s program in the field of industrial development including specific-
ally the duty to (a) see that there is prepared and carried out an effective
industrial advertising and promotional program and respond to inquiries
resulting from the advertising program for new industries and received
from other sources; (b) make available, in conjunction and cooperation
with localities, chambers of commerce, and other private or public groups,
to prospective new industries basic information regarding industrial] sites,
natural resources and labor supply, and other pertinent factors of interest
and concern to such industries; (c) encourage and foster the development
of the planning process at the local, regional, and State levels; (d) ad-
minister and perform a program of comprehensive planning, res
and other activities related thereto, for the State, its metropolitan or
other urban areas, regions, and loca] jurisdictions, including the disburse-
ment of regional planning funds; (e) provide planning assistance, upon
request, to any county or municipality, or any group of adjacent com-
munities, incorporated or unincorporated, having common or related plan-
ning or development problems, or any metropolitan or regional plan-
ning agency; (f) maintain an account of the planning work already
accomplished in Virginia including the status of local, regional, and State
planning activity and upon request of the Governor, prepare recommenda-
tions regarding plans and projects; (g) formulate, promulgate and ad-
vance programs throughout the State for the purpose of encouraging the
location of new industries in the State and the expansion of existing
industries; in general, to encourage, stimulate and support the industrial
development and the expansion of the economy of the Commonwealth.

The Division is authorized to apply for and accept and utilize grants
and other assistance from any governmental agency or department, and
from any public or private foundation, fund or trust, to contract with
such governmental agency or department and any other public or private
sources, to receive advances or progress payments, to enter into interstate
compacts with respect to comprehensive planning for an area extending
into an adjoining state or states where such compacts have been au-
thorized by law by such state or states but no such compact shall be
effective in this State and no obligation shall arise thereunder until such
compact is ratified by the General Assembly of Virginia, to contract with
other planning agencies, public agencies and political subdivisions, and to
exercise all other powers necessary to carry out the purposes of this
section; provided, however, that no compact which relates to the powers
and duties of the State Water Control Board and the functions of the
Water Control Board over the State water reserved by Chapter 2 (Sec.
62-10 et seq.) of Title 62 shall supersede or affect such chapter and the
powers, duties and functions of such Board without its prior approval in
writing being first obtained, and then only to the extent stated in such
approval.

The Governor shall have control of the expenditure of any funds
appropriated for the industrial advertising and promotional program ad-
ministered under the provisions of this section.

§ 2.1-65. Appointment and term of office; filling vacancies.—The
Governor, subject to confirmation by the General Assembly, shall appoint
a Secretary of the Commonwealth for a term commencing on the Monday
after the third Wednesday in January after his inauguration. The ap-
pointment shall be for a term of four years. Vacancies shall be filled by
appointment by the Governor for the unexpired term and shall be effec-
tive until thirty days after the next meeting of the ensuing General As-
sembly and, if confirmed, thereafter for the remainder of the term.

§ 2.1-66. Division of records; ex officio Secretary to Governor.—The
Secretary of the Commonwealth, who shall be ex officio Secretary to the
Governor, shall be in direct charge of the division of records.

§ 2.1-67. Oath of Secretary.—The Secretary of the Commonwealth,
before he acts as such, shall, in addition to the other oaths prescribed
by law, take an oath to keep secret such matters as he may be required by
the Governor to conceal.

§ 2.1-68. Keeper of seals of Commonwealth; general duties.—He
shall be keeper of the seals of the Commonwealth; keep a record of all
executive acts, arrange and preserve all records and papers belonging to
the executive department; be charged with the clerical duties of that
department, and render to the Governor, in the dispatch of executive
business, such services as he requires. He shall record or register all
papers or documents required by law to be registered or recorded in his
office, and when required furnish a copy of any record in his office under
the seal of the Commonwealth.

He is authorized to authenticate records of any court of ‘the State
and of any department of the government. He shall keep a register of
all city, incorporated town, county, and district officers, and when required
give a certificate of the election and qualification of any such officer.

He shall make an annual report to the Governor, embracing (a) the
Boards of Visitors of all public institutions, and other boards appointed
by the Governor; (b) all commissions issued under appointments made
by the Governor, except commissions to notaries public; (c) and such
matters as the Governor requires. The reports shall be transmitted by
the Governor to the General Assembly, printed as other such annual re-
ports are printed, bound in a separate volume, and disposed of according

aw.

§ 2.1-69. Certifying records for use in other states.—Whenever any
record of any court in this State or of any department of the Government
is to be used in another state in the United States the Secretary of the
Commonwealth is authorized and directed to authenticate the same in
the manner and give the certificates required by the laws of the state
when such record is to be used, as far as practicable.

§ 2.1-70. Report of taxes received; commissions.—The Secretary
of the Commonwealth shall make out a monthly account, verified by oath,
of all taxes received by him during the preceding month, render the
same to the Comptroller and pay the amount shown to be due thereby.
If the Secretary of the Commonwealth shall fail to render such account
and pay such taxes, as herein prescribed, he shall forfeit one hundred
fifty dollars, and for every month such failure may continue after that
time there shall be an addition to such forfeiture of one-twelfth of the
amount thereof.

§ 2.1-71. Certain public bodies and political subdivisions to file in-
formation with Secretary; publication; public money withheld until re-
port filed—Each county, city, and town, and each authority, commission,
district or other political subdivision of the State to which any money is
appropriated by the State or any county, city or town or which levies
any taxes or collects any fees or charges for the performance of public
services under authority of any statute or expends public moneys derived
from any revenue producing activity or derived from the State shall
annually on or before June thirtieth file with the Secretary of the Com-
monwealth, on forms prescribed by him, a statement of its official title,
its location, the names of the members of its governing board or body
and executive officer, if any, and the statutory authority under which it
was created. The Secretary of the Commonwealth shall publish such
information in his annual report to the Governor. No public moneys
shall be paid to or received by any such authority, commission, district
or other political subdivision unless such information has been filed.

§ 2.1-72. Appointment of clerks.—The Secretary of the Common-
wealth shall appoint in his office the clerks allowed by law.

2.1-73. When absent, chief clerk to act—During the necessary
absence of the Secretary of the Commonwealth from his office his duties
shall be performed by his chief clerk, but when such absence is for more
than five days at a time, notice thereof shall be given to the Governor.

2.1-74. Registration of names, buttons, badges, etc., of fraternal
benefit societies—Any association, lodge, order, fraternal society, bene-
ficial association, or fraternal and beneficial society or association, histor-
ical, military, or veterans’ organization, labor union, foundation, federa-
tion, or any other society, organization or association, degree, branch,
subordinate lodge, or auxiliary thereof, whether incorporated or unincor-
porated, the principles and activities of which are not repugnant to the
Constitution and laws of the United States or this State, may register, in
the office of the Secretary of the Commonwealth, a facsimile, duplicate, or
description of its name, badge, motto, button, decoration, charm, emblem,
rosette or other insignia, and may, by reregistration alter or cancel the
name.

§ 2.1-75. Application for registration Application for such regis-
tration, alteration, or cancellation, shall be made by the chief officer or
officers of such association, lodge, order, fraternal society, beneficial asso-
ciation, or fraternal and beneficial society or association, historical, mili-
tary, or veterans’ organization, labor union, foundation, federation, or
other society, organization, or association, degree, branch, subordinate
lodge, or auxiliary thereof, upon blanks to be provided by the Secretary of
the Commonwealth.

§ 2.1-76. Registration for benefit of associated branches, etc.—Such
registration shall be for the use, benefit, and on behalf of all associations,
degrees, branches, subordinate lodges, and auxiliaries of such associations,
lodge, order, fraternal society, beneficial association, or fraternal and bene-
ficial society or association, historical, military, or veterans’ organization,
labor union, foundation, federation, or other society, organization, or asso-
ciation, degree, branch, subordinate lodge, or auxiliary thereof, and the
individual members and those hereafter to become members thereof,
throughout this State.

§ 2.1-77. Record of registration—The Secretary of the Common-
wealth shall keep a properly indexed record of the registration provided
for by § 2.1-74, which record shall also show any altered or cancelled
registration.

§ 2.1-78. Names, badges, buttons, etc., must not be imitative-——No
registration shall be granted or alteration permitted to any association,
lodge, order, fraternal society, beneficial association, or fraternal and
beneficial society or association, historical, military, or veterans’ organi-
zation, labor union, foundation, federation, or other society, organization,
or association, degree, branch, subordinate lodge, or auxiliary thereof,
having a name, badge, motto, button, decoration, charm, emblem, rosette,
or other insignia, similar to, imitating, or so nearly resembling as to be
calculated to deceive, any other name, badge, button, decoration, charm,
emblem, rosette, or other insignia whatsoever, already registered pursuant
to the provisions of § 2.1-74.
§ 2.1-79. Certificate of registration—Upon granting registration
as aforesaid, the Secretary of the Commonwealth shall issue his certificate
to the petitioners, setting forth the fact of such registration.

§ 2.1-80. Penalty for illegal use—Any person who shall willfully
wear, exhibit, display, print, or use, for any purpose, the badge, motto,
button, decoration, charm, emblem, rosette, or other insignia of any such
association or organization mentioned in § 2.1-74, duly registered under
this article, unless he or she shall be entitled to use and wear the same
under the constitution and bylaws, rules and regulations of such asso-
ciation or organization, shall be guilty of a misdemeanor, and, upon con-
viction, shall be punished by a fine not exceeding one hundred dollars,
and, in default of payment, committed to jail for a period of not to exceed
sixty days.

§ 2.1-81. Fees.—The fees of the Secretary of the Commonwealth
for registration, alteration, cancellation, searches made by him, and certi-
ficates issued by him, pursuant to this article, shall be the same as pro-
vided by law for similar services.

§ 2.1-82. Division of Grounds and Buildings abolished; duties and
powers transferred.—The Division of Grounds and Buildings is hereby
abolished and the tenure of office of the Director thereof is hereby ter-
minated. All the powers and duties heretofore vested in and performed
by the former Director of the Division of Grounds and Buildings are
transferred to and shall hereafter be vested in and exercised by the Di-
rector of the Division of the Budget.

§ 2.1-88. General powers and duties of Director.—The Director of
the Division of the Budget, hereinafter referred to as Director, shall have
under his care the Capitol, the public grounds and all other property at
the seat of Government not placed in the charge of others, and shall pro-
tect the same from depredations and injury. He shall perform such other
duties as may be prescribed by law or as may be required of him by the
Governor. The Director may employ such assistants and other personnel
as may be required to perform his duties hereunder.

2.1-84. Director may lease certain State property, rentals paid in-
to general fund of State treasury.—The Director of the Budget, with the
written approval of the Governor first obtained, may lease property owned
by the Commonwealth which has been or is hereafter acquired for the
development of the State site plan for permanent State office buildings
and related structures and facilities lying near the Capitol Square. All
such leases shall be prepared by the Attorney General; they may run for
such time as the Governor may prescribe and shall be for such rental as
appears proper. All rentals received therefrom shall be paid into the gen-
eral fund of the State treasury.

§ 2.1-85. Furniture for State buildings; repairs to buildings and
furniture.—The Director shall purchase, under the orders of the Governor,
all such furniture as may be required in the Capitol, State Finance Build-
ing or the State Office Building, and have all such repairs made of either
building or furniture thereof, as may be directed by the Governor, the
cost of such repairs and furniture to be paid on the order of the Governor.
The Director may sell the old furniture which may be no longer wanted,
and pay the proceeds into the State treasury.

§ 2.1-86. Inventory of property in Governor’s house-—When the
term of office of any Governor shall expire, or he shall die or resign, the
Director shall take an inventory of all the public property and furniture
in the Governor’s house and out houses, and deliver such inventory to the
Comptroller, to be preserved in his office; and he shall, unless the house
be occupied by the Lieutenant Governor, have charge of the house, furni-
ture, and other public property, until a Governor shall be elected and take
possession thereof.
§ 2.1-87. Furniture for Governor’s house.—The Director shall pur-
chase for the Governor’s house such furniture as may be required by the
Governor, and sell such old furniture as the Governor may direct, taking
care not to exceed in his expenditures such sums as may be appropriated
therefor, in addition to the proceeds of old furniture sold. An account
both of the sales and purchases shall be returned to the Comptroller be-
fore any warrant shall issue for any part of the sum appropriated, and
then the warrant shall only be for so much as by the account shall appear
to be proper. —_

§ 2.1-88. Water for Capitol and other State buildings.—The Direc-
tor shall contract with the city of Richmond for a supply of water for the
use of the Capitol, the State Finance Building and the State Office Build-
ing; and after any such contract is approved by the Governor, the
Comptroller shall issue his warrant upon the State treasury for what
may appear to be payable, in favor of the person authorized to receive
the same.

§ 2.1-89. Rooms to be kept in order.—The Director shall have all
the rooms in the Capitol (other than the rooms excepted in § 2.1-91),
and the furniture thereof, and also the open parts of the Capitol, the
public grounds and all other property at the seat of Government not
Dates in the charge of others, kept in proper order and cleanliness at
all times.

§ 2.1-90. Light and heat plant.—The Director shall superintend
the general lighting and heating systems installed in the light and heat
plant, and shall have control and supervision over all the employees there-
of, and shall contract for fuel therefor to be paid out of the contingent
fund of his office.

§ 2.1-91. Control of Capitol Square.—The Director, under the di-
rection and control of the Governor, shall have control of the Capitol
Square, the expense of keeping the same in order to be paid by him out of
the fund appropriated for that purpose, shall keep the keys of the Capitol
and, subject to the right of the several departments, divisions and agen-
cies to use in the performance of their duties such rooms as are or may
hereafter be assigned to them, shall take charge of all the rooms in the
Capitol, the public grounds and all other property at the seat of Govern-
ment not placed in the charge of others. But he shall not take charge of
the executive chambers, the office of the Secretary of the Commonwealth
or of the Department of Accounts, the old and new Senate chambers, the
old and new halls of the House of Delegates, the offices of the Clerks of the
Senate and House of Delegates, the committee rooms, the enrolling office,
the general library and the offices and court room of the Supreme Court
of Appeals. He is to do such work and make such repairs, without expense
to his division other than the reasonable use of his regular employees, for
the respective bodies of the General Assembly as may be requested by the
Clerks thereof, and in and about the several other rooms enumerated
above as shall be requested by the officers in charge thereof.

§ 2.1-92. Quarters for veterans’ organizations.—The Director shall,
when he deems it practicable, provide in the State Office Building, or
other office space owned or under lease by the State, quarters for all
organizations composed entirely of war veterans, upon the application of
the department commander thereof.

Such quarters shall consist of two contiguous rooms which shall be
for the exclusive use of the State or department headquarters of such
organizations.

Until such time as space is furnished as hereinbefore provided, the
Governor may permit the use of such room or rooms in the State Capitol
as have not been specifically otherwise assigned.

2.1-93. Powers, duties and functions of Capitol Police.—The Capi-
tol Police may exercise within the limits of the Capitol Square and, when
assigned by the Governor, on any other property owned or controlled by
the State or any agency, department, institution or commission thereof,
all the powers, duties and functions which are exercised by the police of
tei city or the police or sheriff of the county within which said property
is located.

§ 2.1-94. Parking of vehicles in Capitol Square; parking facilities
for State officers and employees.—(1) Except as hereinafter provided
all parking in the Capitol Square of motor vehicles and animal drawn
vehicles is hereby prohibited; provided, that during the recess of the Gen-
eral Assembly the Director may, in his discretion, cause to be marked off
certain portions of the driveways in the Capitol Square and permit such
vehicles to be parked therein under such rules and regulations as he may
prescribe. The Director shall, at all times, reserve parking areas on the
west of the Capitol for parking by members of the General Assembly.

(1a) During sessions of the General Assembly parking in the Capi-
tol Square shall be subject to rules and regulations promulgated jointly
by the Speaker of the House of Delegates and the President of the Senate
and such rules and regulations shall be enforced by the Capitol Police.

(2) The Director is authorized, by and with the approval of the
Governor, to utilize any vacant property owned by the State and located
near the Capitol Square for the purpose of providing parking facilities
for officers and employees of the State, and to allocate spaces therein and
operate the same under such rules and regulations as he may prescribe.
In the event any attendant is employed to supervise such parking of vehi-
cles in any such lot utilized for parking purposes, the salary of such at-
tendant shall be paid by the State officers and employees using such lot
for parking purposes under such rules and regulations as the Director
may prescribe.

(3) Any person parking any vehicle contrary to the rules and reg-
ulations referred to in paragraph (1a) or contrary to the other provisions
of this section, or contrary to any parking sign or “no parking” sign
erected by the Director pursuant to rules and regulations promulgated
by him, shall be subject to a fine of not less than one dollar nor more
than twenty-five dollars for each offense.

§ 2.1-95. Trespassing upon grass in Capitol Square.—It shall be un-
lawful for any person without the permission of the Director to trespass
upon any of the grass in the Capitol Square. Any person violating this
section shall be subject to a fine of five dollars.

§ 2.1-96. Dogs not permitted at large in Capitol Square.—lIt shall
be unlawful for any person to bring any dog, or to allow any dog over
which for the time being he has control, to follow or come with him into
the Capitol Square unless such dog is held in control by leash or otherwise.
Any person violating this section shall be deemed guilty of a misdemeanor
and shall be fined not less than one dollar nor more than ten dollars.
Moreover, any dog found on the Capitol Square without its owner may be
driven from the limits of the Square, and, if necessary, clubbed or killed.

§ 2.1-97. Jurisdiction over offenses committed in Capitol Square.
—The police justice of the city of Richmond shall have jurisdiction to try
cases of misdemeanor arising under the preceding section, and all other
offenses committed in the Capitol Square of which he would have juris-
diction if committed within the corporate limits and jurisdiction of the
city; and the Capitol Police, or any member thereof, shall have the same
authority to arrest and to swear out warrants for offenses committed on
the Capitol Square as policemen of the city of Richmond have to arrest
or to swear out warrants for offenses committed within the jurisdiction
of the city.

§ 2.1-98. Public Buildings Commission.—There is hereby created a
commission to be known as the Virginia Public Buildings Commission,
hereinafter in this article referred to as the Commission. The Commis-
sion shall consist of nine members, three of whom shall be appointed by
the Speaker of the House of Delegates from the membership of the
House of Delegates, two of whom shall be appointed by the President of
the Senate from the membership of the Senate; such members shall be
appointed for a term to expire on the date of the convening of the first
regular session of the General Assembly following their appointment;
and the Governor shall appoint two members of the Commission from
the public at large. The terms of office of such members shall expire
June thirty, nineteen hundred fifty-two, and subsequent appointments
shall be made for terms expiring every four years thereafter. The Direc-
tor of the Division of the Budget, hereinafter in this article referred to
as the Director, and the Director of Conservation and Economic Develop-
ment shall be members ex officio of the Commission.

2.1-99. Powers and duties of Director.—The Director shall, sub-
ject to the written approval of the Governor:

(a) Have prepared and, when necessary to meet changing condi-
tions, amend a long-range site plan for the location of all State buildings,
and improvements related thereto, in or adjacent to the city of Richmond.

(b) Acquire with such funds as may be appropriated for that pur-
pose the necessary land for effectuation of the plan.

(c) Direct and control the execution of all authorized projects for
the construction of State buildings and related improvements in or ad-
jacent to the city of Richmond.

§ 2.1-100. Exemptions from preceding section—The Governor is
authorized to exempt from the provisions of subsections (b) and (c) of
§ 2.1-99 those buildings and improvements which, in his opinion, should
be planned and constructed under the direction of other State agencies
and institutions.

§ 2.1-101. Commission to assist and advise Governor and Director.
—The Commission shall assist and advise the Governor and the Director
in the preparation and maintenance of the long-range site plan, and in
the review of specifications and plans incident to the construction of
buildings and improvements under this article.

2.1-102. Buildings and property to conform to site plan.—No
building for State use shall be erected or acquired nor other property
acquired for State use, in or adjacent to the city of Richmond, unless
it shall first have been approved by the Governor as conforming to the
site plan as approved by him.

§ 2.1-108. Information and assistance from other State agencies
and institutions.—To execute the duties imposed upon him by this article,
the Director may obtain information and assistance from other State
agencies and institutions.

§ 2.1-104. Transfer of funds; acceptance of donations.—The Gov-
ernor may transfer to the Division of the Budget funds appropriated to
any State department, agency or institution for the construction, altera-
tion, reconstruction and repair of any building to be erected or acquired
for the use of such department, institution or agency, or for the acquisition
of land therefor, or for planning, architectural, engineering or other stud-
ies in connection therewith, and may accept any funds donated for such
purposes.

§ 2.1-105. Expenses of members of Commission.—The members of
the Commission shall receive their actual expenses incurred in the per-

formance of the duties imposed by this article to be paid from the funds
denamafarnrnan tn thn 3ea3rnn nf tha DesAmnt amaAanean © OF ARA nw fonm any’
§ 2.1-106. Authority of existing special commissions not affected.
—The provisions of this article shall not be construed to abolish or limit
the authority of any special commission, now in existence, specifically
charged by law with the acquisition or construction of any building for
the use or occupancy of any State department or agency.

§ 2.1-107. Bureau of Property Records and Insurance; Adminis-
trator; insurance on State-owned buildings.—(a) The Bureau of Prop-
erty Records and Insurance, heretofore created and now existing within
the Division of the Budget, is continued, and is hereby established as a
separate agency of the State government. The Bureau shall establish
and maintain a permanent file showing the date and cost of construction
of State-owned buildings and contents (hereinafter inclusively referred
to as buildings or properties) and the actual cash value thereof and the
amount of fire and extended coverage, including vandalism and malicious
mischief insurance coverage thereon.

(b) The State Insurance Board shall appoint a person, hereafter
called the Administrator, who is familiar with property insurance and en-
gineering to be Administrator of the Bureau. Nevertheless, any person in
charge of the Bureau heretofore appointed and in office on June twenty-
sixth, nineteen hundred and sixty-four, shall be deemed to have been
appointed Administrator hereunder. It shall be the duty of the Adminis-
trator to supervise and keep the information and records required by this
section; to inspect the properties and confer with the proper officials or
employees of the several agencies of the State and determine for them
the insurance coverages which shall be carried on or with respect to
properties under their control; and to determine the manner whereby
savings in the cost of such insurance may be made. He shall seek the
assistance of insurance companies, and their representatives, the Fire
Marshal of the State and the State Insurance Board in devising means
by which hazards may be reduced or eliminated to the end that the lowest
possible insurance costs may obtain with respect to State-owned buildings
and their contents.

(b1) The State Insurance Board shall have the authority to change
or discontinue fire and extended coverage, including vandalism and mali-
cious mischief insurance coverage carried pursuant to bond indentures
and other contractual requirements, provided such change or discontin-
uance meets with the written approval of the trustee or trustees of the
bond indenture and those signatory to the contracts.

The Board shall not have the authority to place or to recommend
that insurance, which is or may be carried by the several agencies of the
State on the properties under their control, be placed with any particular
insurance agency or agencies, unless so authorized by the proper officials
of the agency affected. The Board shall have final responsibility with
respect to coverage, noncoverage, provisions of policies, quantity, and type
of fire and extended coverage, including vandalism and malicious mis-
chief insurance coverage; such responsibility shall be consonant with
sound insuring practices.

Whenever the Board determines it is practicable and economical to
do so, insurance to be carried on State-owned properties shall be placed
with insurance agents whose principal offices are located within reason-
able proximity to the properties to be insured.

(c) All agencies of the State shall keep the Bureau informed as to
the status of all properties under their control in order that the Bureau
maintain the records as specified in paragraph (a) of this section. On
properties that are insured, the Bureau shall also be informed as to the
type and amounts of insurance, the term, premium, the dates when such
insurance will expire and such other information as may be required bv
advance of the date of expiration of insurance and any modifications
required thereon. Not less than five days before such expiration date
each agency shall notify the Bureau as to compliance with the Bureau’s
instructions along with the insurance information required in this para-
graph.
For the purpose of determining the amount each agency, department,
division or institution of the State government having jurisdiction and
control over State properties shall pay into the Insurance Reserve Trust
Fund, the Bureau shall determine the savings in insurance each year by
said agencies, departments, divisions or institutions on the following
basis: As to structures existing on January one, nineteen hundred sixty-
one, the insurance savings will be the savings in insurance made over in-
surance costs prior to that date on such structures, exclusive of any extra
insurance coverages added subsequent to that date. As to structures com-
ing into existence after January one, nineteen hundred sixty-one, the
savings will be the difference between the cost of the actual coverage
carried by the State on such structures and the cost of insuring said
structures at one hundred per centum of actual value. When dates of
expiration occur in June in the second year of a biennium, the Bureau
may compute the amount of the insurance savings on the basis of infor-
mation then on record. Whenever the payments provided for herein cause
the Insurance Reserve Trust Fund to exceed the amount specified in § 2.1-
109, the excess of such payments shall be returned to said agencies, de-
partments, divisions and institutions in pro rata amounts.

§ 2.1-108. State Insurance Board.—The Insurance Advisory Board,
heretofore created, is continued and is hereby designated as the State
Insurance Board. The Board shall consist of six members who shall be
qualified by their experience in the fields of insurance, self-insurance,
business, law or engineering. Five of the members shall be appointed
by the Governor. The sixth member shall be the Administrator of the
oe . Property Records and Insurance who shall act as secretary of

e Board.

The first appointed members shall be appointed as follows: One for
a term of five years, one for a term of four years, one for a term of three
years, one for a term of two years, and one for a term of one year. Suc-
ceeding appointments shall be for terms of five years each but other
vacancies shall be filled by appointment for the unexpired term.

The Board shall annually select a chairman from its membership.
The Administrator shall not be eligible to serve as chairman of the Board,
or to vote concerning his own appointment. The Board shall meet at
least once every six months; other meetings may be held upon call of the
chairman or the Administrator of the Bureau of Property Records and
Insurance or any four members of the Board. Four members of the Board
shall constitute a quorum. The members of the Board except the Adminis-
trator shall receive a per diem of ten dollars for each day or portion
thereof on which they are engaged upon business of the Board. All
members shall receive their necessary expenses incurred in attendance
upon meetings or otherwise incurred in the performance of their duties.

The Board shall study and investigate all phases of fire and extended
coverage, including vandalism and malicious mischief insurance, the ad-
visability of blanket coverage, noncoverage, deductible program, the rate
credit entitlement of the State due to diversity of risk and any other
aspects of property insurance which might lead to a more favorable in-
surance coverage of State property. The Board shall instruct the Bureau
ch va policies, the application of which would be in the best interest of the

No member of the Board shall participate, directly or indirectly, in
the consideration of the insurance to be effected upon any property when
such property is insured by or through an insurance agency in which
such member has any interest of whatsoever nature.

§ 2.1-109. State Insurance Reserve Trust Fund.—(a) Each agency,
department, division, or institution of the State government having
control over any State structure and contents thereof shall pay each
year into the Fund hereinafter created, an amount equivalent to its savings
in insurance as determined by the Bureau of Property Records and In-
surance under the formula set out in § 2.1-107, and such amount shall
be paid in such installments as the Administrator of the Bureau may
require. Whenever any building or structure is under the control of two
or more agencies, departments, divisions or institutions of the State, the
payment required herein shall be prorated upon the basis of percentage of
the area controlled.

(b) There is hereby established and created in the State treasury
the State Insurance Reserve Trust Fund. Such Fund shall consist of the
payments required in paragraph (a) of this section. Such Fund shall
be under the management and control of the State Insurance Board,
and any claims for losses payable out of such Fund shall be at the direc-
tion of the Board. Such Fund shall be invested in the manner provided
for in § 2.1-185 of the Code of Virginia and interest earned shall be added
to the Fund as earned; provided, however, such fund shall not exceed the
total sum of one million dollars exclusive of interest.

(c) In the event of loss or damage to property on which there is no
insurance recovery or limited insurance recovery as a consequence of any
action by the Bureau of Property Records and Insurance, resulting in
noncoverage, reduced insurance, elimination of insured perils or other-
wise, the Administrator shall determine the amount, if any, payable out
of the Fund, and such amount, when approved by the Governor, shall be
final. The amount payable shall be used for the purpose of restoring the
damaged structure, or rebuilding the same, as the circumstances may
require, but in no event shall the amount payable on account of such loss
exceed the actual cash value of the property, nor shall the amount payable
when added to the insurance recovered exceed the actual cash value of
the property, as recorded in the Bureau of Property Records and Insur-
ance. |

(d) In addition to the amounts payable under (c) above, the costs
of operating the Bureau which are properly allocated to its functions con-
cerning the State Insurance Reserve Trust Fund and the costs of opera-
ting the State Insurance Board shall be paid out of the State Insurance
Reserve Trust Fund, for which purposes said Fund is hereby appropriated.

§ 2.1-110. Short title—This chapter shall be known and may be
cited as the “Virginia Personnel Act.”

§ 2.1-111. Appointments, promotions, and tenure based upon merit
and fitness.—In accordance with the provisions of this chapter all appoint-
ments and promotions to and tenure in positions in the service of the
Commonwealth shall be based upon merit and fitness, to be ascertained,
as far as possible, by the competitive rating of qualifications by the
respective appointing authorities.

Persons holding positions in the service of the Commonwealth on
July first, nineteen hundred fifty-two, shall be deemed to be holding
their positions as though they had received appointment under the ter7us
of this chapter.

Persons who, on such date, had left the service of the Commonwealth
for service in any of the armed forces of the United States shall be
deemed to have held the positions which they had thus left as though
they had received appointment under the terms of this chapter, and all
such persons, as well as persons who thereafter leave the service of the
Commonwealth for service in such armed forces, shal] be entitled to be
restored to such positions upon the termination of their service with the
armed forces, provided such persons, except for good cause shown, have
filed an application for restoration to such positions within ninety calen-
dar days following such termination of military service, accompanied by
a certificate attesting that the military duty was satisfactorily performed.
Such persons shall thereafter hold such positions as though they had
received appointment under the terms of this chapter, except as to any
such position which, in the meantime, may have been abolished; and any
such former employee returning to, or applying for, employment in the
State service, as provided by this section, shall be considered as having
at least as favorable a status with reference to this chapter as he would
have occupied if his service had been continuous.

Provided, however, that with respect to State employees who enter
an active military duty in the armed forces of the United States after
June thirtieth, nineteen hundred fifty-six, such rights shall extend
only to such employees who (a) have appointments other than temporary
in State service prior to entering on active military duty, and (b) serve
not more than four years on active military duty or such longer periods
as shall be fixed by the Governor, and (c) have a certificate attesting
that the military duty was satisfactorily completed, and (d) apply for
reinstatement in State service not later than ninety calendar days follow-
ing separation from active military duty unless a longer period be ap-
proved by the Governor.

No establishment of a position or rate of pay, and no change in rate
of pay shall become effective except on order of the appointing authority
and approval by the Governor; provided, however, that this paragraph
shall not apply to any position the compensation of which is at a rate of
twelve hundred dollars per annum or less.

§ 2.1-112. Increase given veterans in ratings on examinations.—In
the event a person who has served in the armed forces of the United
States in World War I or subsequent to December sixth, nineteen hundred
forty-one having a discharge not dishonorable is an applicant for a posi-
tion in the State service which is filled after an examination given by the
Merit System Council under the merit system plan applicable to personnel
employed by the Unemployment Compensation Commission, the State
and local Boards of Public Welfare, the State Board of Health, and the
Virginia Commission for the Blind, or any other State agency whose
employees are so examined, the grade or rating of the applicant on such
examination shall be increased by five per centum; and if such applicant
shall have a service connected disability rating fixed by the United States
Veterans Administration, his grade or rating shall be increased by ten
per centum. Such additions shall only be made if any such applicant passes
such examination.

§ 2.1-118. Chief Personnel Officer; Director of Personnel; assistants
and employees.—The Governor shall be the Chief Personnel Officer of
the Commonwealth. He shall direct the execution of this chapter and he
may appoint a deputy personnel officer, who shall be known as Director
of Personnel. He may employ such other competent personnel assistants
and employees as he may require to carry out its provisions. If he so
jesires, he may appoint to serve at his pleasure an advisory committee
oh personnel administration, composed of members of the General Assem-
bly and such other persons as he may designate. At his discretion he may
assign to officers and employees of the Commonwealth such duties as he
sees fit in connection with the administration of this chapter; such officers
and employees shall receive no extra compensation for such duties but
shall be reimbursed for necessary travel and other expenses.

§ 2.1-114. Duties of Governor as Chief Personnel Officer.—The Gov-
arnor shall establish and maintain:
(1) A roster of all employees in the service of the Commonwealth,
in which there shall be set forth as to each employee, the employing
agency, the class title, pay and status, and such other data as may be
deemed desirable to produce significant facts pertaining to personnel ad-
ministration.

(2) A classification plan for the service of the Commonwealth, and he
shall from time to time, make such amendments thereto as may be neces-
sary. The classification plan shall provide for the grouping of all positions
in classes based upon the respective duties, authority, and responsibilities.
The Governor shall allocate each position in the service of the Common-
wealth to the appropriate class title therein, and make reallocations from
time to time. .

(3) A compensation plan for all employees, and he shall, from time
to time, make necessary amendments thereto. The compensation plan shall
be uniform, and for each class of positions there shall be set forth a mini-
mum and a maximum rate of compensation and such intermediate rates
as shall be considered necessary or equitable.

(4) A system of service ratings, for all employees in the service of
the Commonwealth, based upon the quality of service rendered.

(5) An open register, or employment file, of the applications of all
persons seeking employment in the service of the Commonwealth. Appli-
cations shall be rated on the basis of relative merit and classified in ac-
cordance with their suitability for the various classes of positions in the
service of the Commonwealth, and a record thereof shall be maintained
in the open register.

The Governor shall promulgate such rules, not in conflict with this
chapter, as he may consider necessary to provide for the administration
of the classification plan, the compensation plan and the system of service
ratings, and to govern minimum hours of work, attendance regulations,
leaves of absence for employees, and the order and manner in which
layoffs shall be made.

The Governor shall, from time to time, investigate the operation and
effect of this chapter and of the rules made pursuant thereto, and he shall
make, to the General Assembly, a biennial report regarding the operation
of the chapter, and such special reports as he may consider desirable.

§ 2.1-115. Personnel standards; agency personnel officers.—The ap-
pointing authorities of State agencies shall establish and maintain within
their agencies such methods of administration relating to the establish-
ment and maintenance of personnel standards on a merit basis as are ap-
proved by the Governor for the proper and efficient enforcement of this
chapter. But the Governor shall exercise no authority with respect to the
selection or tenure of office of any individual employed in accordance
with such methods, except when the Governor is the appointing authority.

The appointing authorities of State agencies shall be the personnel
officers of their respective agencies. At their discretion they may assign to
officers and employees of their agencies such personnel duties as they
see fit.

Agency personnel officers shall establish and maintain rosters of the
employees of their agencies, in which shall be set forth, as to each em-
ployee, the class, title, pay and status and such other data as they may
deem desirable to produce significant facts pertaining to personnel ad-
ministration.

Agency personnel officers shall establish and maintain in their agen-
cies such promotion and employment lists, rated according to merit and
fitness, as they deem desirable; but such agency personnel officers as desire
to do so may make use of the employment list kept by the Governor in
lieu of keeping employment lists for their agencies.

Agency personnel officers shall supply the Governor, at his request,
with any information he deems necessary for the performance of his duties
in connection with the administration of this chapter.

§ 2.1-116. ‘Officers and employees exempt from chapter.—The pro-
visions of this chapter shall not apply to: ;

(1) Officers and employees for whom the Constitution specifically
directs the manner of selection;

(2) Officers and employees of the Supreme Court of Appeals; __

(8) Officers appointed by the Governor, whether confirmation by
the General Assembly or by either house thereof be required or not ;

(4) Officers elected by popular vote or by the General Assembly or
either house thereof ;

_ (5) Members of boards and commissions however selected; =.

(6) Judges, referees, receivers, arbiters, masters and commissioners
in chancery, commissioners of accounts, and any other persons appointed
by any court to exercise judicial functions, and jurors and notaries public,
as such;

(7) Officers and employees of the General Assembly and persons em-
ployed to conduct temporary or special inquiries, investigations, or exam-
inations on its behalf; :

(8) The presidents, and teaching and research staffs of State educa-
tional institutions;

9) Commissioned officers and enlisted men of the national guard and
the naval militia, as such;

(10) Student employees in institutions of learning, and patient or
inmate help in other State institutions;

Upon general or special authorization of the Governor, laborers,
temporary employees and employees compensated on an hourly or daily
asis; and, :

(12) County, city, town and district officers, deputies, assistants
and employees.

§ 2.1-117. Attorney General chief executive officer; duties.—The At-
torney General shall be the chief executive officer of the Department of
Law, and as such shall perform such duties as may be provided by law.

§ 2.1-118. Official opinions of Attorney General.—The Attorney Gen-
eral shall give his advice and render official opinions in writing only when
requested in writing so to do by one of the following: The Governor; a
member of the General Assembly; a judge of a court of record or a justice
of the peace or trial justice; the State Corporation Commission; an at-
torney for the Commonwealth; a clerk of a court of record; a city or
county sheriff or city sergeant; a city or county treasurer or similar
officer ; a commissioner of the revenue or similar officer; a chairman or sec-
retary of an electoral board; the head of a State department, division, bu-
reau, institution or board. Except in cases where such opinion is re-
quested by the Governor or a member of the General Assembly the At-
torney General shall have no authority to render an official opinion un-
less the question dealt with is directly related to the discharge of the
duties of the official requesting same.

§ 2.1-119. Advice and legal assistance to local school boards.—The
Attorney General shall give such advice and render such legal assistance
as he deems necessary, when requested so to do by resolution adopted by a
county, city or town school board, upon matters relating to the commin-
gling of the races in the public schools of the State.

§ 2.1-120. Legal services to attorneys for the Commonwealth in
certain proceedings.—The Attorney General shall at the request of an at-
torney for the Commonwealth, provide legal service to such attorney for
the Commonwealth in any proceedings brought against him seeking to
restrain the enforcement of any State law.

Any costs chargeable against the defendant in any such case shall
be paid by the Commonwealth from the appropriation for the payment
of criminal charges. ok ws

§ 2.1-121. Legal service in civil matters.—All legal service in civil
matters for the Commonwealth, the Governor, the State Corporation Com-
mission and every State department, institution, division, commission,
board, bureau or official, including the conduct of all civil litigation in
which any of them are interested, shall be rendered and performed by
the Attorney General, except as hereinafter provided in this chapter. No
regular counsel shall be employed for or by the Governor, the State Cor-
poration Commission or any State department, institution, division, com-
mission, board, bureau or official. The Attorney General in his discretion
may represent personally or through one of his assistants any member,
agent or employee of the Alcoholic Beverage Control Board ; agent, in-
spector or investigator appointed by the State Corporation Commission ;
person employed by the State Highway Commission; persons employed
by the Commissioner of Motor Vehicles; any guard or other authorized
person acting as custodian of any prisoner under the supervision of the
Director of the Department of Welfare and Institutions; or police officer
appointed by the Superintendent of State Police; who shall be made de-
fendant in any civil action for damages arising out of any matter con-
nected with his official duties. If in the opinion of the Attorney General,
it is impracticable or uneconomical for such legal service to be rendered by
him or one of his assistants, he may employ special counsel for this pur-
pose, whose compensation shall be fixed by the Attorney General.

The compensation for such special counsel shall be paid out of the
funds appropriated for the administration of the Board, Commission, Di-
vision or Department whose members, officers, inspectors, investigators,
or other employees are defended pursuant to this section.

§ 2.1-122. When special counsel may be employed in general.—No
special counsel shall be employed for or by the Governor, the State Cor-
poration Commission or any State department, institution, division, com-
mission, board, bureau or officer, except in the following cases:

(a) In case of an emergency, proclaimed by the Governor, where
because of the nature of the service to be performed, the Attorney Gen-
eral’s office is unable to render same, the Governor may employ special
counsel to render such service as the Governor may deem necessary and
proper.

(b) In cases of legal services in civil matters to be performed for
the Commonwealth, where it is impracticable or uneconomical for the At-
torney General to render same, he may employ special counsel whose
compensation shall be paid out of the appropriation for the Attorney
General’s office.

(c) In cases of legal services in civil matters to be performed for the
State Corporation Commission or any State department, institution, di-
vision, board, bureau or officer, where it is impracticable or uneco-
nomical for the Attorney General’s office to render same, special counsel
may be employed but only upon the written recommendation of the Attor-
ney General, who shall approve all requisitions drawn upon the Comptroller
for warrants as compensation for such special counsel before the Comp-
troller shall have authority to issue such warrants.

§ 2.1-123. Commerce counsel.—The State Corporation Commission
may employ one attorney, to be known as commerce counsel, who shall
conduct such matters and litigation before the Interstate Commerce Com-
mission as the State Corporation Commission may direct, and whose com-
pensation shall be provided for in the appropriation for the Commission.
The State Corporation Commission may also require the services of the
commerce counsel in appropriate proceedings before the State Corpora-
tion Commission and public service commissions of other states. When
authorized so to do by the Attorney General and the State Corporation
Commission, he shall perform such other services as they may jointly
direct.

§ 2.1-124. Criminal] cases.—Unless specifically requested by the Gov-
ernor so to do, the Attorney General shall have no authority to institute
or conduct criminal prosecutions in the circuit or corporation courts of
the State except in cases involving violations of the Alcoholic Beverage
Control Act and laws relating to motor vehicles and their operation,
the handling of funds by a State bureau, institution, commission or de-
partment, and cases involving the practice of law without being duly au-
thorized or licensed or the illegal practice of law, in which cases the At-
torney General may leave the prosecution to the local attorney for the
Commonwealth, or he may, in his discretion, institute proceedings by in-
formation, presentment or indictment, as the one or the other may be
appropriate, and conduct the same. In all other criminal cases in the
circuit and corporation courts, except where the law provides otherwise,
the authority of the Attorney General to appear or participate in the pro-
ceedings shall not attach unless and until a writ of error has been granted
by the Supreme Court of Appeals. In all criminal cases before the Su-
preme Court of Appeals in which the Commonwealth is a party or is
directly interested, the Attorney General shall appear and represent the
Commonwealth.

§ 2.1-125. Attorney General may expend funds for special counsel
to prosecute persons illegally practicing law.—Notwithstanding any other
provision of law, the Attorney General is hereby authorized to expend
funds appropriated to his office for the purpose of employing special coun-
sel to investigate and prosecute any complaint that any person is engaged
in the practice of law without being duly authorized or licensed so to do
or is practicing law in violation of law. The compensation of such special
counsel shall be paid out of the appropriation for the Attorney General's
office. No such special counsel shall be employed and paid except upon
the request of a duly constituted district committee of the Virginia State
Bar.

§ 2.1-126. Counsel for State in federal matters.—The Attorney Gen-
eral shall represent the interests of the Commonwealth, its departments,
boards, institutions and commissions in matters before or controversies
with the officers and several departments of the Government of the
United States.

§ 2.1-127. Compromise and settlement of disputes.—The Attorney
General shall have the authority to compromise and settle disputes, claims
and controversies involving the interests of the Commonwealth, and to dis-
charge any such claims, but only after the proposed compromise, settle-
ment or discharge, together with the reasons therefor, have been sub-
mitted in writing to the Governor and approved by him. Where any dis-
pute, claim or controversy involves the interests of any State department,
institution, division, commission, board or bureau, the Attorney General
shall have authority to compromise and settle or discharge the same pro-
vided such action be approved both by the Governor, in the manner above
provided, and by the head of the State department, institution, division,
board or bureau which is interested.

§ 2.1-128. Annual report—The Attorney General shall annually,
on or before the first day of December, deliver to the Governor a repo
of the State and condition of all causes in which he has appeared for
the Commonwealth in the courts or before the State Corporation Commis-

wtam Anwrina tha nraradning fieral waar ag wall ac nthan tmnnvtant mottara
genera] interest or helpful in promoting uniformity in the construction of
the laws of the State.

§ 2.1-129. Division of War Veterans’ Claims—The Attorney Gen-
eral is hereby authorized, with the approval of the Governor, to establish,
equip and operate such offices for a Division of War Veterans’ Claims as
may be necessary and desirable to render adequate assistance to veterans of
the armed forces of the United States, their widows, orphans and de-
pendents, domiciled in Virginia, in matters of rehabilitation and in the
preparation, presentation and prosecution of all lawful claims by, or on
behalf of, such veterans, their widows, orphans and dependents, to obtain
the benefit of their rights and privileges under various federal, State and
local laws enacted for their benefit; and for these purposes the Attorney
General is authorized to employ such personnel as may, in his judgment, be
necessary for the proper operation of such offices and for the proper dis-
charge of the duties and functions of such Division; the compensation of
such personnel to be determined by the Attorney General with the
written approval of the Governor.

Such offices shall be so located as to render the service of the Di-
vision conveniently available to such veterans, their widows, orphans and
dependents. Appropriate areas shall be assigned from time to time for
each office. The various localities in each such area shall be visited by
a representative attached to such office, at such intervals as may be neces-
sary and desirable to provide adequate service for the veterans, their
widows, orphans and dependents domiciled therein.

§ 2.1-1380. Assistant Attorneys General—-The Attorney General
may appoint such assistant Attorneys General as may be necessary and
may fix their salaries within the limitation of the funds provided for the
purpose in the general appropriation acts.

§ 2.1-131. Clerical force——The Attorney Genera] shall have power to
appoint such clerical force as he may deem necessary for the efficient
conduct of his office, and to apportion, out of the appropriation for his
office, such salaries among the law clerks, secretaries and stenographers
as he may think proper, but the aggregate amount paid them shall not
exceed the amount provided by law.

§ 2.1-182. Office space.—The Governor shall assign to the Attorney
General office space in the State Library Building or elsewhere for the
Attorney General, his assistants and employees suitable for the trans-
action of the legal business of the State.

§ 2.1-133. Contingent and traveling expenses.—The Attorney Gen-
eral shall have power to expend for the contingent expenses of his office
such sums as may be available out of the appropriation for his office
made by the General Assembly. The Attorney General, assistant At-
torneys General and employees of the office shall be reimbursed for ac-
tual travel expenses in the performance of their duties.

§ 2.1-184 to § 2.1-152 reserved.

§ 2.1-153. Election and compensation.—The Auditor of Public Ac-
counts shall be elected by the joint vote of the two houses of the General
Assembly, as provided in section eighty-two of the Constitution, and he
shall receive such compensation as may be appropriated by law for the

purpose.

§ 2.1-154. Official bonds.—The penalty of the bond of the Auditor
of Public Accounts shall be fixed by the Governor, but the same shall not be
less than five thousand dollars. Such of the employees in the office of the
Auditor of Public Accounts as, in the opinion of the Governor, should be
bonded shall be bonded, and the penalties of such bonds, respectively, shall
be fixed by the Auditor of Public Accounts, subject to the approval of the
Governor. The premiums on the bond mentioned in this section shall be
§ 2.1-155. Duties and powers in general—The Auditor of Public
Accounts shall audit all the accounts of every State department, officer,
board, commission, institution or other agency in any manner handling
State funds; and in the performance of such duties and the exercise of
such powers he may employ the services of certified public accountants,
provided the cost thereof shall not exceed such sums as may be available
out of the appropriation provided by law for the conduct of his office.

If the Auditor of Public Accounts shall at any time discover any un-
authorized, illegal, irregular, or unsafe handling or expenditure of State
funds, or if at any time it shall come to his knowledge that any unauthor-
ized, illegal, or unsafe handling or expenditure of State funds is contem-
plated but not consummated, in either case he shall forthwith lay the facts
before the Governor, the members of the auditing committee of the General
Assembly, and the Comptroller. ;

§ 2.1-156. Devising system of bookkeeping and accounting for State
and local offices—The Auditor of Public Accounts, under the direction of
the Auditing Committee of the General Assembly, shall devise a modern,
sag and uniform system of bookkeeping and accounting, compre-

ending:

(1) An efficient system of checks and balances between the officers at
the seat of government entrusted with the collection and receipt, custody
and disbursement of the revenues of the State.

(2) A system of accounting, applicable to all State officers, depart-
ments, boards, commissions and agencies, which shall be suitable to their
respective needs, considering their relation to each other and their relation
to subordinate officers and officials.

As to the operation of farms, laundries, merchandising activities,
dining halls and cafeterias for which charges are made, and any other type
of activity which, if conducted privately, would be operated for profit, the
system of accounting therefor shall be designed to reflect all charges prop-
erly allocable thereto to the end that the net profit or loss therefrom shall
be reflected; provided that in the furtherance of this objective the joint
Auditing Committee of the General Assembly on the recommendation of
the Auditor of the Public Accounts, may authorize the Director of the
Department of Accounts to establish working capital fund accounts on his
books and record therein the receipts and expenditures of these several
functions; and provided further that the said director shall provide the
agencies responsible for the operations of these functions with revolving
funds with which to finance the operations.

Unit prices of foodstuff, or other commodities, produced on farms
shall be fixed on a semiannual basis by the Director of the Department of
Purchases and Supply and these unit prices so fixed shall be the basis for
charging the value of foods produced by the farms and consumed by the
operating agencies or sold to other agencies of the Commonwealth.

(3) A system of bookkeeping and accounting, for the use of all
county, city and town officials and agencies handling the revenues of the
State or of any political subdivision thereof; provided, that the Auditor of
Public Accounts and the Governor may approve any existing system.

§ 2.1-157. Duties as to penal, educational and eleemosynary institu-
tions.—The Auditor of Public Accounts shall devise and adopt systems of
accounting for the several penal, educational and eleemosynary institutions
maintained in whole or in part by the State, having regard to the needs
and condition of each institution; provided, that any system of accounting
which shall be devised by such Auditor for use by the State hospitals for
the insane shall first be submitted to the Commissioner of Mental Hygiene
and Hospitals for his approval and adoption.

§ 2.1-158. System of accounting to be communicated to officials
affected; instruction to be given.—When the Auditor of Public Accounts
shall have devised and formulated a system of accounting applicable to any
of the classes of offices or institutions enumerated in the preceding sections,
he shall file a statement and full explanation of the system of accounting
with the Secretary of the Commonwealth, but no copyright system shall be
adopted which shall entail additional cost upon the State by reason of such
copyright. Such system of accounting shall be communicated by such
Auditor to the officials affected thereby, and he shall as soon as possible
instruct the officials as to such system of accounting.

§ 2.1-159. Mandamus to compel adoption of system.—Should any of
the incumbents of the offices referred to in §§ 2.1-156 and 2.1-157, or the
authorities of any institution referred to therein, refuse or neglect to adopt
such system of accounting as the Auditor of Public Accounts may devise,
adopt, and promulgate, then upon suit of the Attorney General a writ of
mandamus will lie to the Supreme Court of Appeals to compel such adop-
tion, and it shall be the duty of the Attorney General to forthwith institute
such suit in any such case.

§ 2.1-160. Inspection of accounts and vouchers of certain officers;
information, etc., to members of General Assembly; cooperation of State
departments, etc.—The Auditor of Public Accounts or his deputy shall,
from time to time, inspect and scrutinize the accounts and vouchers of all
State officers referred to in §§ 2.1-156 and 2.1-157 and upon the request
in writing of any member of the General Assembly shall furnish such
information as is called for and shall provide technical assistance upon
any matter requested by such member. To this end he shall have access to
records of all State institutions, departments and agencies. Such institu-
tions, departments and agencies shall furnish all information requested by
the Auditor and shall cooperate with him to the fullest extent.

§ 2.1-161. How inspections made; production of books and vouch-
ers; penalty.—Every such inspection shall be made without notice to the
official whose accounts are to be inspected, and it shall be the duty of the
official whose books and accounts and vouchers are being inspected to
produce such books, vouchers and accounts and give the Auditor of Public
Accounts or his deputy all necessary help and aid in making such inspec-
tion. Should any official fail to perform the requirements of this section he
shall be guilty of a misdemeanor. ,

§ 2.1-162. Auditing committee of the General Assembly.—The
Auditor of Public Accounts shall be the chief auditor and accountant of
the auditing committee of the General Assembly and shall perform the
duties thereof without extra compensation.

§ 2.1-163. When Auditor upon request to examine certain ac-
counts.—The Auditor of Public Accounts when called upon by the Governor
shall examine the accounts of any institution maintained in whole or in
part by the State and, upon the direction of the Comptroller, shall examine
the accounts of any officer required to settle his accounts with him; and
upon the direction of any other State officer at the seat of government he
shall examine the accounts of any person required to settle his accounts
with such officer.

§ 2.1-164. Certain public bodies and political subdivisions to file
report of audit and publish summary of financial condition; reports pre-
served by Auditor.—Each authority, commission, district or other political
subdivision the members of whose governing body are not elected by
popular vote shall annually, within three months after the end of its fiscal
year, file with the Auditor of Public Accounts a copy of a report of audit
covering its financial transactions for such fiscal year. The Auditor of
Public Accounts shall receive such reports and keep the same as public
records for a period of ten years from their receipt.

_ At the time the report required herein is filed with the Auditor of
Public Accounts every such authority, commission, district or other polit-
ical subdivision shall publish, in a newspaper of general circulation in the
county, city or town wherein such authority, commission, district or other
political subdivision is located, a summary statement reflecting the finan-
cial condition of such authority, commission, district or other political
subdivision, which shall include a reference to where the detailed state-
ment may be found.

§ 2.1-165. Audit of accounts of city and county officers.—At least
once in every two years, and at such other times as the Governor may
direct, it shall be the duty of the Auditor of Public Accounts, either in
person or through his assistants, to audit all accounts and records of every
city and county official and agency in this State handling State funds,
making a detailed written report thereof to the Governor within thirty
days after each audit. Reports so made shall be public records, and the
Governor shall transmit to the General Assembly at each regular session
thereof copies of the same.

§ 2.1-166. Reimbursement of part of expense of such audit.—Every
locality, the accounts and records of whose officials or agencies are audited
in pursuance of the preceding section, shall reimburse the State to the
extent of one-half of the expense connected therewith, the same to be paid
into the State treasury on the presentation by the Auditor of Public Ac-
counts of a bill therefor. All such sums so repaid shall be placed by the
Comptroller to the credit of the current appropriation made to the Auditor
of Public Accounts and may be used by the latter for the purpose of carry-
ing out the provisions of the preceding section.

§ 2.1-167. When Auditor to perform services for counties and
cities —The Auditor of Public Accounts, when requested by the governing
body of any county, or the council of any city or town of the Common-
wealth, shall make and establish a system of bookkeeping and accounting
for the treasurers, clerks of the courts and school boards of such counties
and cities, and when so requested he shall, or whether requested or not, he
may at any time, examine the books and accounts of such officers, and
report to the supervisors, or other governing body, or councils, the findings
of his investigation, if it relates to the affairs of such county or city.

The Auditor shall likewise upon request of the governing body of any
county, which request shall be evidenced by a resolution adopted by such
governing body, make and establish a centralized system of bookkeeping
and acenunting for such county which systems shall comprehend and in-
clude the fiscal transactions of all officers and departments of the county
including the county school board and the local board of public welfare.
The governing body of any county whether operating under a special form
of county government or under the general form of county government is
hereby authorized to provide for the adoption, installation and mainte-
nance of such centralized system of bookkeeping and accounting, and the
cost of the service provided for in this paragraph shall be paid by the
county for which said service is rendered.

§ 2.1-168. Cost of such service.—The cost of such service as may be
so required shall be borne by the county or city receiving the service of the
Auditor of Public Accounts and shall not exceed an amount sufficient to
reimburse the State for the actual cost to the State of such service. The
fees so charged the counties and cities for the service herein mentioned,
upon an account rendered by the Auditor of Public Accounts, shall be
remitted by the treasurer of the county or city out of any funds in his
hands, within thirty days to the State Treasurer, together with the account
rendered by the Auditor of Public Accounts, who shall pay into the State
treasury the amount so received to the credit of the funds of the Auditor of
Public Accounts so that such moneys may be available for carrying out the
provisions of § 2.1-167. But no part of the cost and expense of any such
audit shall be paid by any county or city whose board of supervisors or
other governing body or city council has its accounts audited annually by
a certified public accountant according to specifications furnished by the
Auditor of Public Accounts and furnishes such Auditor with a copy of
such audit. And the costs of any audit of the books and accounts of any
city treasurer who neither collects nor disburses any city revenues or local
taxes shall not be required to be paid by the city or any such treasurer.

§ 2.1-169. Power as to witnesses; perjury.—The Auditor of Public
Accounts, or his deputy, while conducting any examination authorized by
this chapter, shall have power to administer an oath to any person whose
testimony may be required in any such examination, and to compel the
appearance and attendance of such person for the purpose of any such
examination and investigation, and to call for any books and papers neces-
sary to such examination. If any person willfully swear falsely in such
examination he shall be guilty of perjury. .

§ 2.1-170. To whom Auditor to report defaults or irregularities.—If
the result of any examination made by the Auditor of Public Accounts, or
his deputy, under this chapter, shall show that any moneys received have
not been properly accounted for or have been paid out contrary to law or
that there has been any irregularity, it shall be the duty of such Auditor to
report the same to the Comptroller and the Governor. In case there is any
irregularity in the accounts of the Comptroller, the Auditor shall make
report of the same to the Governor and to the General Assembly.

§ 2.1-171. Office of Auditor of Public Accounts; location and equip-
ment.—The office of the Auditor of Public Accounts shall be located in the
city of Richmond, and he shall be provided with suitable offices for the
conduct of the business of his department.

§ 2.1-172. Employment of assistants.—The Auditor of Public Ac-
counts is hereby authorized to employ, with the approval of the auditing
committee of the General Assembly, such assistants as may be necessary
to enable him to carry out the provisions of this chapter.

§ 2.1-172.1. Annual report of Auditor of Public Accounts.—The
Auditor of Public Accounts shall make an annual report of the acts and
doings of his office to the Governor.

§ 2.1-178. Comptroller and State Treasurer to appoint their clerks.—
The Comptroller and the State Treasurer shall appoint, in their respective
offices, the administrative assistants, deputies and clerks allowed by law.

§ 2.1-174. When administrative assistants to perform duties of
chief ; when Governor to have notice of absence.—The Comptroller and the
State Treasurer shall appoint for their respective offices administrative
assistants, who shall have authority to act for and perform the duties of the
chief in sach office under his direction, supervision and control, and in the
absence of the chief to perform all the duties of the office. Of such absence,
the others shall be informed. When the absence of the chief is to be for
more than five days at a time, notice thereof shall be given to the Governor.

§ 2.1-175. When Governor to designate administrative assistant;
temporary vacancy filled by administrative assistant.—In the event the
administrative assistant is incapacitated from performing his duties dur-
ing the absence of the chief, the Governor shall designate some other clerk
in the office to act during the absence of the chief, and in the event of the
removal, resignation or death of the chief, the administrative assistant
shall perform all the duties of the office until the vacancy is filled in the
manner prescribed by law.

§ 2.1-176. Officers and sureties liable for acts of administrative
assistants.—Such officers and their sureties shall be liable for any default
or breach of duty of their administrative assistants respectively during
their absence.

§ 2.1-177. Department of the Treasury; State Treasurer.—The De-
partment of the Treasury is continued with the same powers, functions
and duties as existed immediately prior to the repeal of Title 2. The State
Treasurer shall be in direct charge of the Department of the Treasury.

§ 2.1-178. Treasury Board.—The State Treasurer, the Comptroller,
and the State Tax Commissioner shall constitute and be known as the
Treasury Board. Any two of them shall constitute a quorum. They shall
keep a regular and sufficient set of books, wherein shall be recorded all of
their proceedings and any action taken by them with respect to any funds
which by any provision of law are required to be administered by the
Treasury Board.

§ 2.1-179. Powers and duties of the Treasury Board.—The Tr
Board shall have all the powers and perform all the duties heretofore
vested in and imposed upon the former Finance Board and the former
Commissioners of the Sinking Fund. It shall have general supervision over
all investments of State funds, the designation of State depositories, the
control and management of the Sinking Fund and shall exercise such other
powers and perform such other duties as may be conferred or imposed
upon it by law. The Treasury Board shall also advise the State Treasurer
on all matters in which its advice is requested by him. oo,

§ 2.1-180. Payment of State funds into State treasury; deposits in
State depositories; credit of fund not paid into general fund; exceptions as
to endowments and gifts to institutions; appropriations by federal govern-
ment.—Every State department, division, officer, board, commission, insti-
tution or other agency owned or controlled by the State, whether at the
seat of government or not, collecting or receiving public funds. or moneys
from any source whatever, belonging to or for the use of the State, or for
the use of any State agency, shall hereafter pay the same promptly into the
State treasury, without any deductions on account of salaries, fees, costs,
charges, expenses, refunds, or claims of any description whatever.

But any State department, division, officer, board, commission, insti-
tution or other agency at the seat of government may deposit such moneys
to the credit of the State Treasurer upon communicating with him and
receiving instructions from him as to what State depository may be used for
the purpose. In every such case such depositor shall send a certificate of the
deposit certified by the bank receiving the deposit for every such deposit to
the State Treasurer.

Any State department, division, officer, board, commission, institution
or other agency not at the seat of government, other than county and city
treasurers and clerks of courts, depositing such moneys to its or his credit
in local banks before July fifteenth, nineteen hundred twenty-seven
may now deposit such moneys to the credit of the State Treasurer in a local
State depository duly designated in pursuance of this chapter as such, and
In every such case such depositor shall send a certificate of the deposit
certified by the bank receiving the deposit for every such deposit to the
State Treasurer.

But in no case shall a State depository receive a larger sum to the
credit of the State Treasurer than the amount covered by surety bond and
securities held by the State Treasurer to protect State funds on deposit in
such depository. Moneys paid into the State treasury which are not now
payable into the general fund of the State treasury shall be placed to the
credit of the respective accounts which are required by law to be kept on
the books of the Comptroller or to the credit of new accounts to be opened
on the books of the Comptroller with such agencies so paying such moneys
into the State treasury, respectively.

_ This chapter shall not apply to the endowment funds or gifts to insti-
tutions owned or controlled by the State, or to the income from such endow-
ment funds or gifts, or to private funds belonging to the students or inmates
of State institutions. The cash as well as the notes of student loan funds
shall be held by the respective institutions.
Appropriations made by the government of the United States to or
for the benefit of any State institution or agency, however, shall be paid
into the State treasury and used for the purposes for which such appro-
priations were made.

§ 2.1-181. Interest in R.F.& P.R.R.—All dividends or other sums
received on account of the interests in or stock in or claims of the Common-
wealth against the Richmond, Fredericksburg and Potomac Railroad Com-
pany shall be paid into the general fund of the State treasury.

§ 2.1-182. Payment by delivery of checks, etc., to State Treasurer ;
liability when not paid on presentation.—Any public officer, or any firm
or corporation, or any other person having to pay money into the treasury
may make such payment by delivering to the State Treasurer a check,
draft or certificate of deposit, drawn or endorsed, payable to the State
Treasurer, or his order, or may make such payment by delivering to the
State Treasurer the proper amount of lawful money. Should any check,
draft, or certificate of deposit not be paid on presentation, the amount
thereof, with all costs, shall be charged to the person on whose account it
was received, and his liability and that of his sureties, except the additional
liability for costs, shall be as if he had never offered any such check, draft,
or certificate of deposit.

§ 2.1-188. Records of receipts of such checks, etc.; reports to Comp-
troller.—The State Treasurer shall keep a record of every such check, draft,
or certificate of deposit, and of all such moneys received by him, and upon
receipt thereof, forthwith cause the same to be placed to the credit of the
Commonwealth with some State depository. If any check, draft, or cer-
tificate of deposit not be paid on presentation, the State Treasurer shall
immediately notify the Comptroller, who shall proceed to collect the amount
thereof from the person from whom the same was received by the Treas-
urer. The State Treasurer shall daily transmit to the Comptroller a record
of all receipts, giving the details thereof.

§ 2.1-184. State Treasurer to deposit such checks, etc.—The State
Treasurer shall not collect any money on such check, draft, or certificate
of deposit; but the same shall, in every case, be by him properly endorsed
and deposited, as aforesaid, with some State depository for the credit of
the Commonwealth.

§ 2.1-185. Investment of current funds in State treasury.—The
Governor and State Treasurer, acting jointly are authorized and empow-
ered, whenever in their opinion there are funds in the State treasury in
excess of the amount required to meet the current needs and demands of the
State, to invest such excess funds in securities that are legal investments
under the laws of the State for public funds. The funds shall be invested in
such of said securities as, in their judgment, will be readily convertible
into money.

§ 2.1-186. Investments, etc., in custody of State Treasurer.—The
State Treasurer shall be charged with the custody of all investments and
invested funds of the State or in possession of the State in a fiduciary
capacity, and with the keeping of the accounts of such investments. The
State Treasurer shall also be charged with the custody of all bonds and
certificates of the State debts, whether unissued or cancelled, and with the
receipt and delivery of State bonds and certificates for transfer, registra-
tion or exchange.

§ 2.1-187. State Treasurer may sell securities in general fund; ex-
ceptions; disposition of proceeds.—The Treasurer is authorized, when in
his discretion che deems proper, to sell, transfer, and convey any notes,
bonds, obligations or certificates of stock held in the general fund of the
State treasury. The proceeds from any such sale or disposition shall
immediately be paid into the general fund. This section shall apply to any
such present holdings and to those hereafter acquired.
The provisions of this section shall not apply to, nor autnorize te
disposition of, any notes, bonds, obligations or certificates of stock which
exceed in value the sum of five thousand dollars, nor shall it permit the
disposition of stock held by the State in the Richmond, Fredericksburg
and Potomac Railroad.

§ 2.1-188. Warrants on State treasury to be listed and numbered.—
The State Treasurer shall keep a list of the warrants drawn upon the State
treasury in every fiscal year, numbered from one upwards. a

§ 2.1-189. State Treasurer to keep accounts with depositories.—The
State Treasurer shall keep accounts on the books of his office with the
different depositories, on which accounts balances shall be struck monthly,
showing the amount in bank to the credit of the State Treasurer at the end
of each month. ;

§ 2.1-190. Unpresented checks drawn by State Treasurer; reissue
and payment.—The State Treasurer shall, at the end of each fiscal year,
charge off the books in his office all checks drawn by him on State deposi-
tories which have not been presented for payment within one year from the
date of issuance, and shall certify the fact to the Comptroller and to the
State depositories; and the Comptroller, if the warrant is issued by him,
shall reissue his warrant and the State Treasurer shall pay the same if any
such check is thereafter presented.

All checks heretofore or hereafter drawn by the State Treasurer, not
presented within one year for payment, shall, at the end of each fiscal year,

charged off the books, and he shall notify the Comptroller if the warrant
is issued by him, and the State depositories of all checks marked off under
the provisions of this section. The State depositories shall not pay such
checks after the receipt of such notification. Any checks barred by this
section may be presented to the Comptroller if the warrant is issued by
him, or if the warrant is issued by the State Treasurer on investment
accounts, such check shall be taken up and warrant issued by the Comp-
troller or by the State Treasurer, if drawn by him, in each respective case,
for the amount thereof and the State Treasurer shall pay same.

2.1-191. Annual report of State Treasurer to Governor.—The State
Treasurer shall make an annual report to the Governor on or before the
first day of August, and shal] make such other reports at such times as the
Governor may require.

§ 2.1-192. Comptroller; appointment.—The Director of the De-
partment of Accounts shall be known as the Comptroller. He shall be
appointed by the Governor, subject to confirmation by the General Assem-
bly if in session when such 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 the Governor making the
appointment, or until his successor shall be appointed and qualified.

§ 2.1-198. Department of Accounts and Purchases, etc., abolished;
powers and duties transferred to Comptroller and Department of Ac-
counts.—The Department of Accounts and Purchases and the office of
the Director thereof, heretofore existing, are hereby abolished and all the
powers and duties heretofore conferred or imposed upon said Department
and the Direcfpr are hereby transferred to and shall hereafter be exercised
by the on of Abou and the Department of Accounts. Whenever the words

“Division of A@ounts and Control” or words of like import appear in this
Code they shall be construed to mean and refer to the Department of
Accounts. Wherever the words “Director of the Division of Accounts and
Control’ or words of like import appear in this Code they shall be construed
to mean and refer to the Comptroller.

§ 2.1-194. Oath of Comptroller.—The Comptroller, before entering
upon the discharge of his duties, shall take an oath that he will faithfully
and honestly execute the duties of his office during his continuance therein.
§ 2.1-195. General accounting and clearance through Comptroller.—
In the Department of Accounts the Comptroller shall maintain a complete
system of general accounting to comprehend the financial transactions of
every State department, division, officer, board, commission, institution or
other agency owned or controlled by the State, whether at the seat of
government or not. All transactions in public funds shall clear through the
Comptroller’s office.

§ 2.1-196. Unified financial accounting and control in State agen-
cies and departments.—Unified financial accounting and control shall be
established through the departments and agencies of the State, in the man-
ner prescribed in this chapter.

The Comptroller shall prescribe what accounts shall be kept by each
State agency in addition to the system of general accounting maintained in
the Comptroller’s office, and in prescribing what accounts shall be kept by
each State agency, the Comptroller shall take care that there shall be no
unnecessary duplication.

2.1-197. Fiscal year.—The fiscal year shall commence on the first
day of July and end on the thirtieth day of June.

§ 2.1-198. Monthly reports and payments by city and county treas-
urers, and clerks of court.—All county and city treasurers and clerks of
courts receiving State moneys shall, on or before the tenth day of each
month, or oftener if the Comptroller so directs, report to the Comptroller
the total of each class of State revenue or State moneys received or col-
lected for the previous calendar month unless otherwise directed, and at
the same time pay into the State treasury the total amount so reported
thereof received or collected from all sources.

8 2.1-199. Monthly reports of State departments, divisions, etc.,
receiving public funds.—Every State department, division, officer, board,
commission, institution or other agency owned or controlled by the State,
whether at the seat of government or not, including county and city treas-
urers and clerks of courts, collecting or receiving public funds, or moneys
from any source whatever, belonging to or for the use of the State, or for
the use of any State agency, and paying the same to the State Treasurer,
or depositing the same to his credit in pursuance of law, shall, on or before
the tenth day of each month, or oftener if so directed by the Comptroller,
report to the Comptroller in such manner as he may direct, the amount
collected or received and paid into the State treasury for the preceding
calendar month or other period designated by the Comptroller, such report
to show also the dates of payments to or deposits to the credit of the State
Treasurer.

§ 2.1-200. Collection of delinquent taxes.—Whenever, by any section.
of this Code, the Comptroller is required or is authorized to collect any
delinquent taxes, he shall refer the matter to the State Tax Commissioner,
who shall at once proceed to collect the same and may employ such legal
process as may be necessary for that purpose, and when so collected the
State Tax Commissioner shall pay the same into the State treasury.

§ 2.1-201. State department, etc., not to deposit fund to its credit;
State Treasurer excepted.—_No State department, division, officer, board,
commission, institution or other agency owned or controlled by the State,
at the seat of government, except the State Treasurer, shall hereafter
deposit any State funds to its, his or their credit in any bank.

§ 2.1-202. When accounts on Comptroller’s books to be balanced.—
All unsettled accounts on the books of the Comptroller shall be balanced on
the last day of each fiscal year, and the balances brought forward on the
first day of the new fiscal year. For this purpose there shall be a general
ledger of accounts, which shall be so kept as to show the balances due to or
from the Commonwealth.

§ 2.1-208. Comptroller and State Treasurer to compare their
books.—On the last day of each quarter of the fiscal year, the Comptroller
shall compare the books of his office with those in the State Treasurer’s,
and strike the balance on his books, showing the amount of money in the
State treasury, which balance he shall carry forward to the next quarter.

§ 2.1-204. Judges and clerks to certify to the Comptroller lists of all
allowances made by courts.—The judge of every court of this Common-
wealth making an allowance for the payment of any sum out of the State
treasury within ten days after adjournment of such court shall certify to
the Comptroller a list of all allowances made during the term of such court,
and the date of the making of such allowance, the amount thereof,
and to whom made; and a like certificate of all allowances made by such
court shall be made off by the clerk of such court within ten days after
adjournment of such court, under the seal of the court, and forwarded to
the Comptroller. The form of such certificate shall be prescribed by the
Comptroller, and it shall be made on blanks which shall be prepared by him
and furnished the judges and clerks of the several courts of the Common-
wealth. Such form may be so prepared as to include more than one allow-
ance made at the same term of any court. The Comptroller shall not draw
any warrant on the State Treasurer in satisfaction of any allowance made
by any court of the Commonwealth until he shall have received notification
of the allowance by the court of such claim.

§ 2.1-205. Cancellation of State bonds received in settlement of
claims.—All bonds of this State which are received by the Comptroller in
the settlement of claims of the Commonwealth against the sureties of

surers, sheriffs, or other officers, or in settlement of any other claim,
shall be turned over by him to the Treasury Board, who shall cancel the
same according to law. |

§ 2.1-206. What Comptroller may do with old books and papers.—
The Comptroller may, from time to time, arrange in boxes all such old
books and papers belonging to his office, as in his opinion may be dispensed
with for ordinary use or reference, and deposit such boxes, with appro-
priate labels, in some suitable storage space, taking a list or schedule of
the books and papers so put in boxes, and preserving such list in his office;
provided, that any such records which are more than two years old which
have been audited by the Auditor of Public Accounts, and of which micro-
film. copies have been made and receipt given to the Auditor of Public
Accounts that such microfilm copies have been duly made and stored in
proper storage vault, may, in the discretion of the Comptroller, be de-
stroyed, without regard to the provisions of § 2.1-10. .

-§ 2.1-207. Annual report of Comptroller to Governor.—The Comp-
troller shall make an annual report to the Governor on or before the fif-
teenth day of August, and shall make such other reports at such times as
the Governor may require. | oe

§ 2.1-208. Finance Board abolished; duties and powers trans-
ferred.—The Finance Board as it heretofore existed is abolished and al}
of its powers and duties are transferred to the Treasury Board. |

§ 2.1-209. State depositories—Moneys to be hereafter paid into the
State treasury shall be deposited in such banks as shall be designated as
State depositories by the Treasury Board.

§ 2.1-210. Amount and time limit of deposits.—The State Treasurer
may, with the consent and approval of the Treasury Board, arrange for and
make State deposits in such amounts and for such time as in his judgment
the condition of the State treasury permits, provided, however, that no
State deposit shall be made for a period in excess of six months.

§ 2.1-211. Security to be given by State depository banks; conditions
of bond.—No money shall be deposited in such depository bank until it
shal] have secured some person other than the bank itself in its behalf to
enter into a bond, approved and accepted by the Treasury Board, with
condition faithfully to account for and pay over when and as required, in
accordance with the terms of the deposit agreement, whatever amount
may, at the time such bond is given, be on deposit in such bank to the credit
of the Commonwealth, and such other sums as may thereafter be deposited
in such bank on behalf of the Commonwealth, and for the faithful dis-
charge by such bank of all duties and obligations pertaining to it as such
depository ; and with the further condition to pay the State interest at the
rate of not less than, (a) one per centum per annum on time deposits for
thirty days or sixty days, (b) two per centum per annum on time deposits
for ninety days, (c) two and one-half per centum per annum on time
deposits for six months. ; ;
The Treasury Board may, however, in its discretion from time to time,
contract for higher rates of interest to be paid upon State deposits but in no
case higher than the maximum rates of interest which may be paid by
banks as prescribed by the board of governors of the Federal Reserve
System under authority of an Act of the Congress of the United States,
approved August twenty-third, nineteen hundred thirty-five, known
as the Banking Act of nineteen hundred thirty-five, or amendments
thereto. Should the board of governors of the Federal Reserve System at
any time fix the maximum rates of interest at which member banks may
pay interest on time deposits lower than the minimum rates at which
interest shall be paid on State deposits herein prescribed, such maximum
rates fixed by the board of governors of the Federal Reserve System shall
become the minimum rates at which interest shall be paid on State deposits.
§ 2.1-212. Surety and penalty of bond.—Every such bank shall give
as security on its bond, some guaranty or surety company doing business in
this State. The penalty of any such bond, or the amount of the securities
which may be deposited in lieu thereof, as hereinafter provided, shall be at
least five thousand dollars and must be at all times equal in amount to the
amount of money of the Commonwealth that is on deposit in any such
designated State depository, less such amount as shall be insured, by evi-
dence satisfactory to the State Treasurer, by the Federal Deposit Insur-
ance Corporation, a corporation created pursuant to an Act of Congress of
the United States, approved June sixteenth, nineteen hundred thirty-
three, and known as the banking act of nineteen hundred thirty-three,
and amendments thereto. | | to,
§ 2.1-2138. Deposit in lieu of surety bond.—Any such bank, however,
may deposit with the State Treasurer, or, with the approval of the State
Treasurer with the Federal Reserve Bank of Richmond, to be held subject
to the order of the State Treasurer, in lieu of such bond, securities of the
character authorized as legal investments under the laws of this Common-
wealth for public sinking funds. All such securities shall be taken at the
market value on the date of deposit, and shall be held upon the same condi-
tion and trust for the protection and indemnity of, and for the payment of
interest to the State, stipulated above in relation to the bond given under
§ 2.1-211. Such banks shall at the same time deliver to the State Treas-
urer a power of attorney authorizing him to transfer the securities depos-
ited, or any part thereof, for the purpose of paying any of the liabilities
provided for in this title. Notwithstanding any other provisions of law,
no depositary shall be required to give bond or pledge securities in the
manner herein provided for the purpose of securing deposits received or
held in the trust department of the depository and which are secured as
required by § 6-99 of the Code of Virginia or which are secured pursuant
to 12 USCA § 92-a of the United States Code by securities of the classes
prescribed by § 6-99.
The State Treasurer shall, in the month of December of each year,
examine all securities so deposited with him or held as hereinafter pro-
vided for the purpose of ascertaining whether any of them have depreciated
or been reduced in value, and forthwith require any such bank to make
good any depreciation or reduction in value of the securities.

§ 2.1-214. Segregation of securities held by another bank for de-
pository bank.—The State Treasurer may, in his discretion, instead of
requiring the actual delivery to him of the securities above enumerated,
take from any such bank an order duly executed by and under the seal of
the bank, directed to any bank either in the State of Virginia or without
the State, directing and authorizing the latter bank to segregate such
securities as shall be designated in the order and belonging to the former
bank, from other securities which the latter bank may hold, and to hold
such securities until released by the State Treasurer, or his duly author-
ized assistant or deputy, upon the same condition and trust for the protec-
tion and indemnity of the State stipulated above in relation to the bond to
be given under § 2.1-211; provided the State Treasurer shall in each case
first satisfy himself that such securities belonging to the former bank are
held by the latter bank, and shall secure from the bank holding such securi-
ties an agreement to so hold such designated securities subject to and upon
the conditions herein set forth. The State Treasurer shall have the priv-
ilege of examining these securities at his option and discretion and at the
expense of the owners.

§ 2.1-215. When new bond required; when not given.—The Treas-
ury Board, whenever in its opinion the bond of any depository is insuffi-
cient, may require of such depository a new bond, with sufficient surety, to
be given within a reasonable time in such penalty as the Treasury Board
shall prescribe; and if the depository fails or refuses to give such new bond
when required, the public money on deposit with such depository shall be
transferred to one or more of the other State depositories.

If the new bond required of any depository under § 2.1-221 be not
given within the time required, such depository shall be discontinued and
the moneys of the State be forthwith withdrawn.

§ 2.1-216. Opinion of Attorney General to be taken as to bond;
remedies on bond.—Before the Treasury Board shall approve and accept
any bond tendered by a State depository, it shall obtain the opinion of the
Attorney General thereon, and shall institute an inquiry, through such
agencies as it may employ, as to the solvency of the obligor, and the sufii-
ciency of the bond in all respects. The Commonwealth shall have the like
remedy upon any bond given by or for a State depository in all respects as
provided by law in respect to the bond of a county or city treasurer failing
to pay the amount of public taxes with which he is chargeable.

§ 2.1-217. When deposits to be removed.—If a depository bank fails
or refuses to procure such bond or other security as is required under the
provisions of this article within ten days after being notified by the
Treasury Board that the bond is required, or if, when the bond has been
procured to be given, the Treasury Board refuses to approve and accept the
same, or if, at any time after such bond has been given by the depository
and accepted by the Treasury Board, the depository fails or refuses to pay
the checks of the State Treasurer upon the warrant of the Comptroller, or
to pay the interest on deposits as hereinbefore required, or to discharge
any other duty or to meet any other obligation pertaining to it as such
depository, in any such case all moneys on deposit in such bank to the
credit of the Commonwealth shall be immediately transferred from such
bank to some one or more of the other banks before designated which have
furnished the bond aforesaid and not broken its condition. No further
deposit of public moneys shall be made in such defaulting bank.

§ 2.1-218. Receipt by depository of amount in excess of bond.—If
any State depository shall receive a sum to the credit of the State Treasurer
in excess of the amount covered by the surety bond and securities held by
the State Treasurer to protect State funds on deposit in such depository,
the State Treasurer immediately upon receiving notice of such excess shall
withdraw the excess amount from the depository. If the State Treasurer
immediately upon receiving such notice shall withdraw the excess funds
from the depository he shall be deemed to have used due diligence for the
protection of the funds of the Commonwealth. ee

§ 2.1-219. How public moneys transferred to depositories.—All
transfers of public moneys, under the provisions of the preceding sections,
shall be made upon drafts drawn by the State Treasurer or his duly author-
ized deputies, and so drawn that the money shall not go into the hands of
the State Treasurer; but the transfer shall be made in the mode selected
by the depository receiving the money and at the risk and expense of such
depository.

§ 2.1-220. Commonwealth shall not be liable for loss in collection of
checks, etc.—The Commonwealth shall not be liable for any loss resulting
from lack of diligence on the part of any depository in forwarding, or in
failing to collect, any such check, draft, or certificate of deposit as is
referred to in § 2.1-182, or for the loss of any such check, draft, or
certificate of deposit in transmission through the mails or otherwise.

§ 2.1-221. Release of surety on bonds of State depositories.—Any
surety or sureties in any bond required of a depository by § 2.1-211, may
petition the Treasury Board to be relieved from the obligation. If the
Treasury Board shall, upon the filing of such petition, find that the deposits
in such depository have been withdrawn or are sufficiently protected by
the obligation of another surety or sureties upon such bond or by other
bond or bonds or by securities deposited in accordance with § 2.1-213, the
Treasury Board shall, within thirty days from the filing of such petition, so
certify to the surety or sureties filing such petition, and such surety or
sureties shall be deemed to be released from any and all liability whatso-
ever on such bond from and after the date of such certificate. If the
Treasury Board shall find that the deposits in such depository are not
sufficiently protected by the obligation of another surety or sureties upon
such bond or by other bond or bonds or by securities deposited in accord-
ance with § 2.1-213, the Treasury Board shall pass an order requiring
such depository, within thirty-five days after the filing of such petition, to
give a new bond or to deposit securities to be approved by the Treasury
Board. The surety or sureties filing such petition shall be deemed to be
released from any and all liability whatsoever from and after the approval
of such new bond or securities.

Any such depository may petition the Treasury Board to relieve any
surety or sureties in any depository bond, designating in the petition the
surety or sureties to be relieved. If the Treasury Board shall find that the
deposits in such depository have been withdrawn or are sufficiently pro-
tected by the obligation of another surety or sureties upon such bond or
bonds or by approved securities, the Treasury Board shall, within thirty
days after the filing of such petition so certify to the surety or sureties so
designated, and such surety or sureties shall be deemed to be released of
and from any and all liability whatsoever on such bond from and after the
date of such certificate.

§ 2.1-222. Responsibility of State for bonds deposited with State
Treasurer.—The State shall be responsible for the safekeeping of all bonds
deposited with the State Treasurer, and if the Bonds or any part of them
shall be lost, destroyed, or misappropriated, the State shall make good
such loss to the bank making the deposit.

§ 2.1-223. Responsibility for securities deposited with State High-
way Commission.—The State shall be responsible for the safekeeping of
all bonds or other securities deposited with the Chairman of the State
Highway Commission or the State Highway Commission as surety on ac-
count of funds deposited in banks by division engineers of the De
ment of Highways, going into their custody under the provisions of
§ 2.1-230, and, if such bonds or securities or any of them shall be Jost,
destroyed or misappropriated, the State shall make good such loss to the
bank making such deposit of its bonds or other securities.

Upon the closing of accounts of district engineers with banks, its
bonds and other securities then on deposit shall be returned to such

§ 2.1-223.1. To whom claims to be presented.—Any person having
any pecuniary claim against the Commonwealth upon any Jegal ground
shall present the same to the head of the department, division, institu-
tion or agency of the Commonwealth responsible for the alleged act or
omission which, if proved, gives rise to such claim; provided, however,
that whenever the claimant cannot identify such alleged act or omis-
sion with any single department, division, institution or agency of the
Commonwealth, then the claim shall be presented to the Comptroller.

§ 2.1-223.2. Comptroller to furnish forms of accounts.—The Comp-
troller shall supply the several clerks of record and, upon request, each
head of a department, division, institution or agency mentioned
in § 2.1-223.1, with the necessary forms to be used by them for accounts
payable out of the State treasury.

§ 2.1-223.3. What Comptroller may allow.—Every claim authorized
to be presented to the Comptroller or to the head of a department, di-
vision, institution or agency shall be examined by the person to whom
it is presented and forwarded with appropriate supporting papers and
recommendations without unreasonable delay to the Comptroller, who
a, promptly allow so much on account thereof as may appear to be

ue.

§ 2.1-223.4. Within what time allowance by court shall be paid—
No allowance made by order of any court of record shall be paid out of the
State treasury, unless presented to the Comptroller for payment within
two years from the date of such allowance.

§ 2.1-223.5. When claims barred.—No claim shall be allowed by the
Comptroller after ten years from the time when it might by law have been
presented for payment. In computing such period of ten years, that
period extending from the time a claim is filed with the Comptroller or de
partment head and the time written notice of denial is mailed or otherwise
delivered to the claimant shall be excluded. The Comptroller shall act
upon every claim within a reasonable time.

§ 2.1-223.6. When Comptroller may refer claim to Governor.—When-
ever a claim cannot be allowed solely because it was not presented within
the time prescribed by § 2.1-223.5 the Comptroller may, within three years
after the claim might have been presented, refer the same to the Governor,
and so much thereof shall be paid as the Governor may direct.

§ 21-224. Appropriations; when submission to Division of Budget,
and approval of Governor required.—No money shall be paid out of the
State treasury except in pursuance of appropriations made by law.

No appropriation to any department, institution or other agency of
the State government, except the General Assembly and the judiciary,
shall become available for expenditure until the agency shall submit to
the Director of the Division of the Budget quarterly estimates of the
amount required for each activity to be carried on, and such estimates
shall have been approved by the Governor.

§ 2.1-225. Filing of statements by certain recipients of State
funds.—aAll persons, firms, corporations, associations, groups, and organl-
zations of whatsoever nature to which appropriations are made in the

ant annyrnanriatinag tha nuihiin nawanis hy ananifiin Anatiomatian ahall anni
pensation, either by salary, bonus, or otherwise paid out to and paid
any Officer or employee who receives in excess of one thousand dollars per
year. It shall be unlawful for the Comptroller of this State to pay any
appropriation to any such of the foregoing unless such statement has been
filed by the association or organization to which this section and the appro-
priation are applicable.

The provisions of this section shall not apply to any State agency,
officer or employee.

§ 2.1-226. Deposits in name of State Treasurer; how withdrawn.—
All State moneys in a State depository shall stand on the books of such
depository to the credit of the State Treasurer. But the State Treasurer
shall have no authority to draw any of the money except by his check,
drawn upon a warrant issued by the Comptroller. If any money to his
credit, as aforesaid, shall be knowingly paid otherwise than upon his check
drawn upon such warrant, the payment shall not be valid against the
Commonwealth.

§ 2.1-227. Issue of warrants.—The Comptroller shall not issue any
disbursement warrant unless and until he shall have audited the bill,
invoice, account, payroll or other evidence of the claim, demand or charge
and satisfied himself as to the regularity, legality and correctness of the
expenditure or disbursement, and that the claim, demand or charge has
not been previously paid. If he be so satisfied, he shall approve the same;
otherwise, he shall withhold his approval. In order that such regularity
and legality may appear, the Comptroller may, by general rule or special
order, require such certification or such evidence as the circumstances
may demand.

§ 2.1-228. Lump sum transfers prohibited.—Except as hereinafter
provided, lump sum transfers of appropriations to State departments,
divisions, offices, boards, commissions, institutions and other agencies
owned or controlled by the State, whether at the seat of government or
not, are prohibited. But nothing in this section shall be construed as pre-
venting the payment to or distribution among the political subdivisions of
the State of any appropriations made to them by law.

2.1-229. Petty cash funds.—A reasonable petty cash fund shall be
allowed each State department, institution, board, commission, or other
agency. The amount of such petty cash fund shall be fixed by the Comp-
troller in each case, but these funds shal] be reimbursed only upon vouchers
audited by the Comptroller.

§ 2.1-230. Issue of warrants to division engineers of Department
of Highways.—Upon warrant of the Comptroller, the State Treasurer
may advance amounts of cash as working funds to the division engineers
of the Department of Highways, to be disbursed by them solely for the
payment of laborers’ wages and for emergency purchases. But the amount
of these funds shall be fixed by the Comptroller and the disbursements
therefrom shall be audited by the Comptroller after payment. The Treas-
ury Board shall designate the depositories in which such funds shall be

§ 2.1-231. Who to issue warrants for payment of claims; how signed
and attested.—After the allowance of any claim which is payable out of
the State treasury, under any of the provisions of this title, a warrant
shall be issued for the sum to be paid. A register of all warrants so issued
shall be kept by the Comptroller, which register and a duplicate register
for the State Treasurer shall, from time to time, be signed by the Comp-
troller or by such deputy or deputies as he may designate for that pur-
pose. The Comptroller shall not be required to sign such warrants.

All checks drawn upon such warrants as shown by such register and
duplicate register, signed by the Comptroller or his deputy, shall be signed
by the State Treasurer, or by such deputy or deputies as he may designate
for that purpose. Such signature may be made by means of such mechan-
ical or electrical device as the State Treasurer may select, after the same
shall have been approved by the Governor and the Attorney General.
Such device shall be safely kept so that no one shall have access thereto
except the State Treasurer and such of his deputies as may be authorized
to sign warrants as herein provided.

§ 2.1-232. Issuance of duplicate warrants.—Upon satisfactory proof
being presented to the Comptroller or to the State Treasurer that any
warrant drawn by either the Comptroller or the State Treasurer, or by a
predecessor, upon the State treasury has been lost or destroyed before
having been paid, the Comptroller or State Treasurer who issued, or
from whose office was issued, the original warrant may issue a duplicate
therefor. The Comptroller or the State Treasurer may require a bond to
be executed, with such security as is approved by him, payable to the
Commonwealth, in the penalty of the amount of the warrant and condi-
tioned to save harmless the Commonwealth from any loss occasioned by the
issuing of the duplicate warrant. But no duplicate shall be issued within
thirty days of the issuing of the original warrant and every duplicate war-
rant shall show upon its face that it is a duplicate.

§ 2.1-238. When duplicate issued within thirty days and bond not
required.—If the original warrant was issued: (1) To any eleemosynary
or educational institution of the State for money appropriated to the
institution, (2) to the treasurer of any county or city in the State for
money apportioned to it out of the school fund and to be disbursed by
the treasurer in payment of school warrants, or to be issued to any district
school board of any county for money to be disbursed by the board in
payment and settlement of any claims lawfully contracted in the operation
of the public schools in the district, or in the construction of graded school
buildings, or (3) to the treasurer of any county or city in the State for
money apportioned to it from the gas tax, and such warrant has been
lost or destroyed without having been paid, the Comptroller or the State
Treasurer who issued the original warrant, or from whose office the same
was issued, if issued by his predecessor, shall issue a duplicate warrant
therefor, showing upon its face that it is a duplicate, within thirty days
from the date of issuing the original warrant, upon satisfactory proof of
the loss or destruction of the original warrant; and in any such case no in-
demnifying bond shall be required.

§ 2.1-234. Notice to bank of issue of duplicate warrant.—In any
case in which a duplicate warrant is issued, the Comptroller or State
Treasurer issuing it shall give written notice to the bank at which the
warrant is payable that a duplicate warrant has been issued, giving the
dates of both the original and duplicate, the amount of the warrant and
to whom, or to whose order, it is payable, and shall notify the bank not to
pay the original warrant if presented. A copy of such notice shall be filed
in the office of the Comptroller or the State Treasurer who issued the
duplicate warrant.

§ 2.1-235. Department of Purchases and Supply.—The Department
of Purchases and Supply, shall be under the supervision and control of a
Director appointed by the Governor, subject to confirmation by the Gen-
eral Assembly if in session when such appointment is made, and if not in
session, then at its next succeeding session. The Director shall hold his
office at the pleasure of the Governor for a term coincident with that of
each Governor making the appointment or until his successor shall be ap-
pointed and qualified. Vacancies shall be filled in the same manner as
original appointments are made. The Director shall be a person ex-
perienced in large scale buying.

§ 2.1-236. Board of Purchases and Supply.—There is hereby created
a Board of Purchases and Supply which shall consist of five members
appointed by the Governor to serve at his pleasure. The Board shall heat
appeals from actions of the Director as provided in Articles 2 ( § 2.1-244
et seq.) and 3 ( § 2.1-273 et seq.) of this chapter.

§ 2.1-287. Assistants and other employees.—Subject to the provi-
sions of Chapter 10 (2.1-110 et seq.) of this title, the Director of the De-
partment of Purchases and Supply may employ such assistants and other
persons as may be necessary to enable him to discharge his duties, and
may fix their compensation, but the compensation shall not exceed that
authorized in the biennial appropriation act or other Act of Assembly.
The officer or individual in charge of the public printing shall be a prac-
tical printer and acquainted with the details of the printing business.

§ 2.1-238. Interest in contracts, etc., forbidden.—Neither the Di-
rector of the Department of Purchases and Supply, nor any assistant
or employee of his, shall be financially interested, or have any personal
beneficial interest, either directly or indirectly, in any contract for print-
ing, binding, ruling, advertising, lithographing, engraving, and so forth,
let out by him, in any contract for paper or stationery purchased for the
use of the State, in any profits arising therefrom, in the purchase of any
materials, equipment or supplies under this chapter, or in any firm, cor-
poration, partnership or association furnishing any such services, ma-
terials, equipment and supplies; nor shall such Director, assistant or em-
ployee accept or receive, directly or indirectly, from any person, firm or
corporation to whom any contract may be awarded, or from whom any
purchase may be made, by rebate, gift, or otherwise, any money or other
thing of value whatsoever, or any promise, obligation or contract for fu-
ture reward or compensation.

§ 2.1-239. Penalty for violation—Any violation of § 2.1-238 shall
be punishable by confinement in the State penitentiary for a term not
exceeding five years, or by confinement in jail not exceeding twelve months,
or by fine not exceeding one thousand dollars, or by both such confinement
in jail and fine.

§ 2.1-240. Payment of moneys into State Treasury.—Except as
otherwise provided in § 2.1-249 all moneys collected by the Director of the
Department of Purchases and Supply shall be paid promptly into the State
treasury and reported to the State Comptroller for appropriate credit in
the accounts of his office. )

§ 2.1-241. Accounting and records.—The Director of the Depart-
ment of Purchases and Supply shall maintain such system of accounting
as shall be devised and installed by the Auditor of Public Accounts.

In connection with sales of Acts of Assembly or any other State
document, a record shall be kept showing date of purchase, name of pur-
chaser, documents purchased, and amount received; and in each instance
a receipt shall be given to the purchaser and the purchase price shall be
received before delivery of any volume or volumes.

The Director of the Department of Purchases and Supply shall be
required to establish and maintain such records as to show at all times
the number of Virginia Reports, Acts of Assembly, and other documents,
in his custody; and he shall be required to report to the Director of the
Division of the Budget within thirty days after the close of each fiscal
year the number of volumes of each class in his custody. :

§ 2.1-242. Records open to public inspection.—All proceedings, rec-
ords, contracts and orders of the Director of the Department of Pur-

} and Supply shall be public records, open to the inspection of any
citizen, or any interested person, firm or corporation, at all reasonable
ours.

§ 2.1-243. Report of Director.—The Director shall cause to be made
an annual report of the Department of Purchases and Supply setting forth
the operation of the Department and giving any information with ref-
erence thereto as he shall deem proper. The report shall show the dollar
volume of purchases made, the total cost of public printing and the in-
ventory of paper stocks and State publications on hand as of the close
of the fiscal year. —

§ 2.1-244. Director to supervise public printing and binding.—The
public printing and binding for the Commonwealth shall be under the
supervision and control of the Director of the Department of Purchases
and Supply, whose duties shall be as prescribed by law. He shall be
held responsible for the proper mechanical execution of the State printing.

2.1-245. Awards of contracts for printing—The Director of the
Department of Purchases and Supply shall have done all the printing,
binding, ruling, lithographing, and engraving required by any department,
division, institution, officer or agency of the State, and authorized by law
to be done, or required in the execution of any law, and the work shall
be executed upon competitive bids if practicable. Awards shall be made
to the lowest responsible bidder, having due regard to the facilities and
experience possessed by such bidders; provided, however, whenever the
Director has reason to believe that the low bid is not the best price, he
shall have the authority to enter into further negotiations with the ap-
parent low bidder to the end that the price paid shall be the best price
obtainable.

§ 2.1-246. Method of making awards; terms of contracts.—The Di-
rector of the Department of Purchases and Supply shall give notice of
the time and place of such bidding either by newspaper publication or
otherwise; he shall provide schedules or blanks stating clearly and dis-
tinctly the kind and character of the work to be done, upon which bids
will be required to be submitted, which bids shall be opened at a time
specified in the presence of such bidders as see fit to attend. He may
let out the work either upon annual contracts or for separate items as
the best interest of the Commonwealth requires, in all cases reserving
the right to reject any and all bids. He shall also fix such time for
the delivery of the work as to him seems reasonable. He may, in his judg-
ment, require the party undertaking to do the work, or any part of it,
to enter into a written contract, stating distinctly the terms thereof,
embracing the prices to be paid for composition, presswork. folding,
stitching, ruling, binding, and all other items in detail. He shall provide
in such contract that the printing is to be executed in a close and com-
pact form, without unnecessary title pages, or useless blank pages. He
may in his discretion require the person or persons making the contract
to enter into bond with condition for the faithful performance and execu-
tion thereof; and, in event the work so contracted for be not completed
within the time specified therein, he shall deduct and retain from such con-
tract prices such per centum thereof for each day or week that such
work is delayed, as he deems proper. The bond required to be given shall
be with security approved by the Director and a penalty equal to not
less than one-third of the contract price for the work to be done. The
form of the bond shall be approved by the Attorney General. No person
shall be accepted as such surety who is directly or indirectly inter-
ested in any contract with the Commonwealth. All such contracts and
bonds shall be made in duplicate. The original bond shall be filed in the
office of the Director, and the duplicate furnished the contractor.

In arranging for printing of repetitive publications such as cata-
logues and bulletins for educational institutions, compilations of statutes
relating to a department, division or bureau of any State agency, etc., the
Director shall include in his contracts for the printing of such publica-
tions provisions for holding or plating standing type for use in subse-
quent issues whenever, in his discretion, economy in printing said publi-
cations will be effected. It shall be the responsibility of the agencies of the
State to notify the Director in all instances in which text matter of a
publication to be printed will be reprinted in subsequent issues as 1s
or with minor changes. ; ; ;

§ 2.1-247. Appeal from award.—Any bidder feeling himself ag-
grieved by an award made by the Director may appeal to the Board of
Purchases and Supply, which shall hear and determine the matters in
the appeal; but notice of such appeal must be given the Director, in
writing, within ten days from the date of the award appealed from.

§ 2.1-248. Contracts for paper.—The Director of the Department
of Purchases and Supply shall purchase, upon competitive bids if prac-
ticable, and in such cases from the lowest responsible bidder, quality and
price considered, after like advertisement as that prescribed in § 2.1-246,
the paper required for the printing, and binding let out by him, and may
purchase the same at such times and in such quantities as he deems
proper, and furnish the same to the contractors for the printing, bind-
ing, and ruling as is needed, provided, however, that nothing herein con-
tained shall prohibit the Director from letting a contract on printing which
shall include the paper to be furnished by the printing contractor when
the best interest of the State will be served. After the Director of the
Department of Purchases and Supply has determined and certified the
accounts for the purchase of paper to be correct, the Comptroller shall
grant a warrant therefor on the treasury. All contracts in relation to
the paper shall be subject to and regulated by the provisions of § 2.1-246
in relation to the contracts for public printing, and all appeals from de-
cisions of the Director shall be heard and determined as are appeals in
relation to the public printing and binding.

§ 2.1-249. Payment of bills for printing, binding, etc.—(a) All ac-
counts accruing under the provisions of this chapter and relating to public
printing shall be approved by the Director of the Department of Pur-
chases and Supply as correct and according to contract, if that be a
fact, and the Director shall then certify the account to the Comptroller to
be paid out of the general fund appropriated for the public printing.

(b) Each department, division, institution, officer or agency shall,
upon statements rendered by the Director of the Department of Purchases
and Supply, cause to be paid out of the funds appropriated for the
maintenance of such department, division, institution, officer or agency
into the State treasury to the credit of the printing fund covering the
cost of the printing, binding, ruling, lithographing, engraving, advertis-
ing, wrapping, mailing, freight, postage, expressage, stationery and other
material furnished such department, division, institution, officer or agency.
All printing, binding, ruling, lithographing, engraving, wrapping, mail-
ing, freight, postage and expressage required by or for the General Assem-
bly and required in the printing, binding and distribution of the Vir-
ginia Reports, annual reports and forms which the Director is required
to furnish, for the payment of which no provision is otherwise made,
shall be paid for out of funds appropriated to the Department of Purchases
and Supply.

(c) In determining the amount to be paid for composition under
the provisions of this chapter, nothing shall be allowed or paid for any
unnecessary blank page.

_ § 2.1-250. Director to employ another if printing, etc., not done
satisfactorily—If any department, division, institution, officer or agency
of the State report to the Director of the Department of Purchases and
Supply any failure in the prompt and satisfactory execution of the
printing, binding, ruling, engraving, or lithographing, required by such
department, division, institution, officer or agency, and in any case in
which the Director is satisfied that the contractor has failed to comply
with the stipulations of his contract, it shall be the duty of the Director
to employ some other person to do the work, and he shall bring an action
upon the bond of the defaulting contractor for any loss which may be
sustained by the State in consequence of such default as soon as the
same can be ascertained. ;

§ 2.1-251. What public printing, etc., must be done.—The Direc-
tor of the Department of Purchases and Supply shall supply all the de-
partments, divisions, institutions, officers and agencies of the State with
such printing, lithographing, engraving, ruling, and binding as may be
required by them for the proper conduct of the business of the State.
He shall furnish such printing as may be ordered by either house of
the General Assembly, and shall also cause to be published in such papers
as may be ordered, proclamations and advertisements for the officers
enumerated above. It shall be the duty of such departments, divisions,
institutions, officers and agencies to order all of their printing, binding,
ruling, lithographing, engraving, and advertising upon requisition upon
such Director, stating clearly and distinctly the description of the work,
the quantity, and the time delivery is desired. The Director shall furnish
the various departments, divisions, institutions, officers and agencies with
i liad blank requisitions upon which orders for printing are to be
made.

§ 2.1-252. Exception as to institutions of higher learning.—The
provisions of this chapter requiring that all public printing, lithographing,
engraving and ruling shall be supplied by or through the Director shall,
unless otherwise ordered by the Governor, not apply to any printing, litho-
graphing, engraving or ruling embraced in any order of any State col-
lege, university or other institution of higher learning when such print-
ing, lithographing, engraving or ruling is for such institution and in the
opinion of the Director constitutes an emergency justifying an exception
under the provisions of this section; but the total amount so embraced in
such exceptions for any one institution shall not exceed one hundred dol-
lars during any one year.

§ 2.1-253. How bills, joint resolutions, etc., printed.—The Director
shall cause to be printed two hundred fifty copies of every bill, resolu-
tion, joint resolution, House document, Senate document, or other matter
ordered to be printed for use of the Senate or House of Delegates and in-
tended for temporary use. The Director shall have authority to increase
the number of copies of bills, and so forth, to be printed, whenever it
shall become necessary, to supply the requirement of the General Assem-
bly and to provide copies required for sale and distribution under the
provisions of §§ 2.1-254, 2.1-255, 2.1-256 of the Code of Virginia.

In printing any bill, resolution and joint resolution there shall not
be allowed on the first page thereof between the folio line and the heading
or title a space in excess of one-half inch. Reasonable space shall be
allowed between the title of a bill or resolution and the body thereof for
the printing of the name or names of the patron or patrons, and, for the
name of the committee of the House or Senate to which the same is
referred. Spacing between the lines of the title and of the body of the
bill or resolution shall not be in excess of a six point slug. All bills
and resolutions shall be set in ten point type. House and Senate docu-
ments shall be set in ten point type, allowing reasonable space between
title and body of the document and normal spacing between paragraphs,
in keeping with recognized practices in the printing trade.

However, if for any reason the use of a type face or spacing between
lines, different from that herein prescribed, will result in economy in
printing, upon recommendation of the Director and approval thereof b
the joint Committee on Printing of the Senate and House of Delegates su
Seep inmences and approved type face or spacing between lines may be
used.
§ 2.1-254. Copies of bills, calendars, etc., to be furnished on ap-
plication.—The Director of the Department of Purchases and Supply shal!
furnish to such persons, firms, or corporations as may apply therefor
and pay the fees and costs prescribed in § 2.1-255 copies of each bill
printed for the House of Delegates and the Senate, the calendar of each
house, and all joint resolutions, not exceeding one copy to any one per-
son, firm, or corporation.

§ 2.1-255. Fees and costs to be paid.—For the services rendered
under § 2.1-254 the Director of the Department of Purchases and Supply
shall charge and collect in advance a fee of twenty-five dollars for each
session of the General Assembly from each person, firm or corporation
applying therefor; in addition to each such fee he shall also charge and
collect an amount necessary to cover the cost of mailing, if such bills, calen-
dars and resolutions are to be sent by mail.

§ 2.1-256. To whom two preceding sections not applicable——The
provisions of §§ 2.1-254 and 2.1-255 shall not apply to any person or per-
sons who may, from time to time, at irregular intervals, apply for one or
more copies of any special or particular bill, nor to the officers of the State
government, heads of State institutions, members of the General Assembly,
and representatives of the press and radio, or either, reporting the proceed-
ings of the General Assembly, desiring copies of the bills, journals, docu-
ments, etc., for their own use. If such bills, calendars and resolutions are
to be sent by mail or express, the parties desiring the same shall pay an
amount necessary to cover the cost of mailing or expressing the same.

§ 2.1-257. Printing and distribution of Acts of Assembly.—The Di-
rector shall cause to be printed, as soon as approved by the Governor, not in
excess of five thousand copies of the acts and joint resolutions of the
General Assembly. As printing progresses a sufficient number, approxi-
mately nine hundred copies, shall be stapled in sections of approximately
two hundred pages each for distribution as advance sheets of the Acts of
Assembly and shall be distributed promptly as follows:

Two copies to each member of the General Assembly ;

Five copies to the clerk of each house;

One copy to each head of a department;

Six copies to the Division of Statutory Research and Drafting;

Six copies to the Attorney General;

One copy to each judge of a county or municipal court, and one copy to
each judge, attorney for the Commonwealth, clerk of a court of record of
this State, and clerk of the council of a city in this State, and

Five copies to the State Corporation Commission.

The remainder he shall have bound in ordinary half binding, with the
index and tables required by law to be printed with the acts and joint reso-
lutions of the General Assembly, and as soon as practicable after the close
of each session of the General Assembly, shall deliver:

One copy to the Governor;

One copy to each head of department;

Ten copies for the use of the Division of Statutory Research and
Drafting plus the number required for exchange with other states;

And he shall forward by mail, express, or otherwise:

Five copies to each member of the General Assembly;

Two copies to each judge;

Five copies to the State Corporation Commission;

Six copies to the Attorney General;

One copy to each mayor, clerk of any court, attorney for the Common-
wealth, sheriff, sergeant, treasurer, commissioner of the revenue, judge of
a county or a municipal court, board of supervisors and school board, the
Reporter of the Supreme Court of Appeals, the library of each educational
institution in this State that maintains a library, each public library, each
judge and clerk of any court held in this State under the laws of the United
States and each attorney and marshal in this State holding office under the
United States;

Five copies to the State Library;

Five copies to the State Law Library; |

One copy to each university and college in this State;

One copy to each member of the State Hospital Board ;

One copy to the School for the Deaf and the Blind;

Ten copies to the Clerk of the Senate for the use of the Senate;

H Fifteen copies to the Clerk of the House of Delegates for the use of the
ouse;

Three copies to the Auditor of Public Accounts; and

Three additional copies to the Comptroller.

§ 2.1-258. Furnishing Acts of Assembly to county and city officers
entitled to receive them.—Whenever the Director of the Department of
Purchases and Supply is satisfied that any judge of a county court or other
county or city officer entitled by law to receive the Acts of Assembly does
not possess the same or any of them, and cannot otherwise procure them,
he shall, on application of the circuit or corporation court, furnish the
same; provided, he does not thereby diminish the supply of the work so
issued, in his custody, below twenty-five copies.

§ 2.1-259. Printing of journals for Senate and House; their distri-
bution.—The Director of the Department of Purchases and Supply shall
superintend the execution of all printing done by order of the Senate or the
House of Delegates, or their respective clerks, and within ninety days after
the close of each session of the General Assembly he shall, upon requisition
furnished him by the Director of the Division of the Budget, cause to be
printed and bound the journals for the Senate and the House of Delegates,
with an index thereto, in sufficient quantity to make the following distribu-
tion: One copy to the Governor; five copies to each of the clerks of the
Senate and the House; ten copies to the State Library; one copy to each
educational institution in this State which maintains a library; one copy
to each public library; one copy to the President of the Senate and one copy
to the Speaker of the House; one copy to the Division of Statutory Research
and Drafting; and one copy to each member of the Senate and the House
of Delegates. The number of copies to be printed and the quality of binding
shall be designated by the Director of the Division of the Budget.

§ 2.1-260. Donations to universities and colleges having law
schools.—The Director of the Department of Purchases and Supply shall
furnish the universities and any incorporated college of the State in which
a law school is established, and which has not heretofore been furnished,
out of any surplus copies on hand, with one copy of the Journal of the
Senate, the Journal of the House of Delegates, the Journal of the Constitu-
tional Conventions, the Acts of Assembly and the Codes.

§ 2.1-261. Furnishing certain law school libraries publications for
exchange.—The Director is authorized and directed to furnish to the Law
Library of the University of Virginia and the Law Library of the Marshall-
Wythe School of Law of the College of William and Mary fifty copies each
of such publications printed under his authority as may be designated in
writing by the Law Librarian of the University of Virginia and the Law
Librarian of the Marshall-Wythe School of Law of the College of William
and Mary prior to the time that any such publication so designated goes to

ress, to be used for exchanges for like publications with law libraries and
institutions of other states, the national government and other govern-
ments, societies and others as they may see fit.

§ 2.1-262. Reports given to law schools when libraries destroyed by
fire.—The Director of the Department of Purchases and Supply is author-
ized and directed to furnish to the law school of any university or incor-
porated college in the State whose law library has been destroyed by fire,
out of any surplus copies on hand and available for such distribution, eight
copies of each volume of the Virginia Reports, and two copies of each vol-
ume of the Acts of the General Assembly, or so many thereof as may be
nenseearr to replace copies of such volumes which have been destroyed by
such fire.

Nothing in this section shall be construed to require the Director of
the Department of Purchases and Supply to purchase any such copies for
distribution hereunder.

§ 2.1-263. Furnishing copy of maps to college or academy.—The
Director of the Department of Purchases and Supply shall furnish every
incorporated college and academy in the State with a copy of the maps
published by the State.

§ 2.1-264. Editing, approval and printing of annual reports of de-
partments, etc-—Annual reports of agencies of the State government,
whether required by statute or otherwise to be submitted to either the
Governor or some other official or controlling body, board, commission,
etc., of the State, before being printed and bound shall be edited, in the
discretion of the Governor, and at his direction, said editing, if directed,
being for the purpose of reducing and condensing the reports as far as may
be practicable to be in concise form. The content of any annual report
constituting all or any part of a formal opinion or decision of any adminis-
trative agency or tribunal shall not be subject to any editorial change or
deletion. No annual report shall be printed unless and until certified for
printing and/or binding by the Director of the Budget pursuant to
§ 2.1-58 of the Code of Virginia, but the Governor may direct that
authority to print and/or bind any or any part of said report or reports be
withheld. It shall be the duty and responsibility of the Department of
Purchases and Supply to provide State agencies with technical assistance
and advice, as far as may be practicable, in the manner and method of
preparation of copy for, format of, method of reproduction of, etc., annual
reports. The cost of printing annual reports and the distribution thereof
as required by § 2.1-265 of the Code of Virginia shall be borne by the agen-
cies of government for which the said reports are printed.

§ 2.1-265. Form of printing annual reports; distribution.—The Di-
rector shall cause to be printed all annual reports authorized to be printed
and by such method or methods of reproduction as may be to the best
advantage or result in effectuating economies. All such printing shall be
done in accordance with the provisions of § 2.1-246 of the Code of Virginia.

In the printing of the reports provided for in this section, as in all
classes of the State work, the officer preparing the report or other docu-
ments shall in all cases be responsible for the matter contained therein.

The Director shall cause to be distributed, the printed volumes of
annual reports as follows:

(1) One or more copies to the Governor, as he may direct;

(2) One copy to the President of the Senate;

(3) One copy to each member of the General Assembly ;

(4) One copy to each institution and head of department;

(5) Two copies together with such additional copies as may be neces-
sary for exchange purposes to the State Library, and

(6) Five copies to the Clerk of the Senate for the use of the Senate
na five copies to the Clerk of the House of Delegates for the use of the

ouse.

_ (7) Such number of copies to the Law Library of the University of
Virginia as may be designated by the Law Librarian, pursuant to § 2.1-261
of the Code of Virginia;

(8) Five copies to the Department of Purchases and Supply ;
(9) The remainder of volumes to be delivered to the agency of the
State for which the report was printed.

§ 2.1-266. Printing and binding of reports of Supreme Court of
Appeals.—When notified by the reporter for the Supreme Court of Appeals
that he has sufficient copy to issue a volume of the Virginia Reports, or a
substantial part thereof, the Director of the Department of Purchases and
Supply shall advertise for bids for doing the work of the entire volume in
such installments as he requires, as provided in § 2.1-246; and when he
contracts for the printing and binding of current and future volumes of
Virginia Reports of the Supreme Court of Appeals, he shall contract for
the printing and binding of so many copies of the volume or volumes as the
Director of the Division of the Budget designates, not exceeding two thou-
sand of each volume.

In contracting for the printing and binding of such reports he shall
oem to the provisions of this chapter in relation to other printing and

inding.

§ 2.1-267. Advance sheets of Virginia Reports.—In addition to the
copies authorized to be printed and bound under § 2.1-266 the Director of
the Department of Purchases and Supply may have printed, for sale as
advance sheets, a number of copies of each such report sufficient to fill
orders received for advance sheets. He shall fix the price for advance sheets
in an amount to cover the cost of printing, mailing and handling. All the
funds collected by him from the sale of advance sheets shall be paid into the
State treasury and reported to the Comptroller for credit to the general
fund of the Commonwealth.

§ 2.1-268. Custody and distribution of reports of Supreme Court of
Appeals.—The Director shall be charged with the custody, disposal and
sale of the published reports of the decisions of the Supreme Court of
Appeals. One copy of each volume of the reports hereafter published shall
be furnished to each of the following for their use and the use of their suc-
cessors in office:

(1) The clerk of the Supreme Court of Appeals;

(2) The reporter of the Supreme Court of Appeals;

(3) The judges and retired judges of each court of record of this State;

(4) The clerk of each such court;

(5) Each judge of a county court and each judge or justice of a munl-
cipal court ;

(6) The Clerk of the House of Delegates;

(7) The Clerk of the Senate;

(8) The Division of Statutory Research and Drafting;

(9) The Industrial Commission ;

(10) The Secretary of the Virginia State Bar;

(11) The clerk of each of the district courts of the United States held
in this State for the use of the courts and the members of the bar practicing
therein.

Two copies of each volume of the reports hereafter published shall be
furnished to each of the justices of the Supreme Court of Appeals, to the
State Corporation Commission and the Attorney General for their use and
to the use of their successors in office. Eight copies of each volume of the
reports hereafter published shall be furnished to each university and col-
lege in the State in which a law school approved by the American Bar
Association is established. Fifteen copies of each such volume shall be
placed in the State Law Library at Richmond and two copies shall be
placed in the other law library of the Supreme Court of Appeals at
Staunton. .

The Director shall place in the Law Library at Richmond such addi-

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§ 2.1-269. Books for State Law Library.—The Director of the De-
partment of Purchases and Supply shall have placed in the State Law
Library at Richmond, and in the branch thereof at Staunton, a copy of
every law book which may be hereafter published for the Commonwealth
in addition to the copies required by §§ 2.1-257 and 2.1-268.

§ 2.1-270. Sale and distribution of State publications.—All publi-
cations of the State required, by any section of this article, to be distributed
and (or sold by the Director shall be delivered to the said department and
the Director shall cause to be made the distribution and sales in accordance
with law. Such publications as are available for sale may be sold at a price
per volume fixed by the Director, said price to be reasonable and sufficient
to cover the cost of printing, binding, mailing and handling. The receipts
from such sales shall be paid into the State treasury and credited to the
general fund. The Director may arrange for quantity volume sales to book
dealers or publishers for resale and on such quantity sales he may allow a
reasonable discount; but the Director may limit such sales whenever, in
his discretion, such sales would reduce his stock below a reasonable num-
ber of volumes to be held by him for sale to individuals for their own use.

Upon payment to the Director of the sum of fifty dollars per annum,
the Director shall furnish by mail to any person, firm or corporation mak-
ing application therefor a copy of each annual and interim report and other
similar books and documents, printed under his authority for any of the
departments, divisions, institutions and agencies of the State.

§ 2.1-271. Committee on printing—The joint standing committee
on printing of the two houses of the General Assembly may supervise and
give directions in all that relates to public printing and binding, and all
other subjects embraced in this article and it may examine the books and
investigate the transactions of the Director, in so far as they relate to the
subjects embraced in Article 2 of this chapter; and, further, the committee
may make such report to the General Assembly at each regular session and
at other times as it deems proper.

§ 2.1-272. Printing of journals of House of Burgesses and court
records; binding for State libraries.—The provisions of this chapter shall
not apply to the printing of the journals of the House of Burgesses, the
publication of which the State Library Board shall have the authority to
continue and the payment for which is made out of the manuscript fund,
nor, unless otherwise ordered by the Governor, to the binding and rebind-
ing of the books and other literary material of libraries operated by the
State or under its authority, nor shall it apply to the printing of the records
of the Supreme Court of Appeals.

§ 2.1-273. Centralized purchasing required.—Except as the Direc-
tor of the Department of Purchases and Supply shall direct and authorize
otherwise, every department, division, institution, officer and agency of the
State, hereinafter called the using agency, shall purchase through the
Director of the Department of Purchases and Supply al] materials, equip-
ment and supplies of every description, the whole or a part of the costs
whereof is to be paid out of the State treasury; it shall be the duty of the
Director to make such purchases in conformity with this chapter.

§ 2.1-274. Submission of estimates; rules and regulations.—The Di-
rector of the Department of Purchases and Supply shall prescribe and
enforce rules and regulations under which estimates of the needs of the
using agencies shall be submitted and requisitions made, and under which
contracts for purchases may be made. Estimates of the amount and quality
of materials, equipment and supplies needed by the using agencies shall be
submitted at such periods as may be prescribed by the Director.

§ 2.1-275. Purchases made in accordance with rules and regulations
of Director; competitive bidding; standards.—All purchases made by any
department, division, office or agency of the State shall be made in ac-
cordance with such rules and regulations as the Director may prescribe
and authority to make, alter, amend or repeal) regulations relating to
purchase of materials, supplies and equipment is hereby conferred upon
the Director. He may specifically exempt purchases below a stated amount
or particular agencies or specified materials, equipment and supplies.
When purchases are made through competitive bidding, the contract shall
be let to the lowest responsible bidder, taking into consideration the quali-
ties of the articles proposed to be supplied, their conformity with speci-
fications, the purposes for which required, and the times of delivery;
provided, however, that whenever the Director has reason to believe that
the low bid is not the best price, he shall have the authority to enter
into further negotiations with the apparent low bidder to the end that
the price paid shall be the best price obtainable. Bids shall be received
only in accordance with standards and standard specifications, if any,
adopted by the Director. All bids may be rejected. Each bid with the
name of the bidder shall be entered of record, and each record, with the
successful bid indicated, shall, after the letting of the contract, be open
to public inspection.

§ 2.1-276. Bond may be required.—When any bid has been ac-
cepted, the Director may, in his discretion, require of the successful bidder
a bond payable to the Commonwealth with good and sufficient surety,
in the sum of not Jess than one-third of the amount of the bid, condi-
tioned that he will fully, faithfully and accurately execute the terms of
the contract into which he has entered. The bond shall be filed in the office
of the Director.

§ 2.1-277. How contracts executed.—aAll contracts entered into by
the Director shall be executed in the name of the Commonwealth of Vir-
ginia by him as Director of the Department of Purchases and Supply.

§ 2.1-278. Acquisition of supplies from United States Government.—
The Director may purchase from the United States Government or any
of its agencies any surplus or other materials, supplies or equipment whi
may be offered for sale and needed by any of the agencies of the State
when, in his judgment, such purchases may be made to the advantage of
the State. Such materials, supplies and equipment may be purc
for storage and subsequent distribution, or, for immediate distribution to
the agencies of the State, to the extent of the amount of funds available for
such purpose.

He may also accept by gift or transfer any materials, supplies or
equipment which may be made available to the State by the United States
Government or any of its agencies for use by agencies of the State.

§ 2.1-279. Standardization of materials, equipment and supplies.—
So far as practicable, all materials, equipment and supplies, purcha
by or for the officers, departments, agencies or institutions of the State,
shall be standardized by the Director, and no variation shall be allowed
from any established standard without the written approval of the Di-
rector. Such standards shall be determined upon the needs of all using
agencies, so far as their needs are in common, and for groups of using
agencies or single using agencies so far as their needs differ. When
changes or alterations in equipment are necessary in order to permit the
application of any standard, such changes and alterations shall be made
as rapidly as possible.

§ 2.1-280. Board to advise on standardization—To carry out the
provisions of the preceding section the Board of Accounts and Purchases
shall consider and advise as to the needs of the various State activities
and how far they can be reasonably harmonized and covered by standard
specifications.

§ 2.1-281. Direct purchases by using agencies.—The Director of the
Department of Purchases and Supply shall have power, by general rule
or special order, to permit purchases of any material, equipment or sup-
plies whatsoever to be made by any using agency directly, and not through
the Director, whenever it shall appear to the satisfaction of the Director
that by reason of the excess transportation costs, a lower price with
equal quality can be obtained by the using agency, or for any other rea-
son, which, in the judgment of the Director, warrants such exemption.

§ 2.1-282. Preference to materials produced or sold in Virginia.—
The Director shall, in the purchase of materials, equipment and supplies,
give preference, so far as may be practicable, to materials, equipment and
supplies produced in Virginia or sold by Virginia persons, firms and
corporations.

§ 2.1-283. Kind of wheat flour to be purchased.—Only soft winter
wheat flour shall be purchased for, or used at State supported institutions,
except that the three sanatoriums for tuberculosis, the University Hos-
ae at Charlottesville and the Medical College of Virginia, Hospital

ivision at Richmond may use fifty per centum of spring wheat flour;
provided, that with the approval of the Director first obtained, other
flours may be purchased when required for special purposes.

§ 2.1-284. Materials for State buildings not to be purchased from
architect in charge— No building materials, supplies and equipment for
any building or structure being erected or constructed or hereafter erected
or constructed by, for, or on behalf of the Commonwealth, or any de-
partment, division, institution or agency thereof, shall be purchased from
any person employed or acting as architect or supervising architect for
such building or structure, or from any partnership, association or cor-
poration of which such person employed or acting as such architect or
supervising architect is an officer, director or stockholder, or in which
such person is otherwise financially interested. If any person shall buy,
sell or supply, or contract so to do, any building materials, supplies or
equipment in violation of the provisions of this section, he or it, as the
case may be, shall be guilty of a misdemeanor and upon conviction
shal] be punished accordingly, and in addition thereto all such contracts
and agreements shall be null and void and of no effect.

§ 2.1-285. Purchases from Commission for Visually Handicapped.—
All such services, articles and commodities as (1) are required for pur-
chase by the Director, by any person authorized by him to make purchases
or by any person authorized to make purchases in behalf of the Common-
wealth and their departments, agencies and institutions, (2) are per-
formed or produced by persons or in schools or workshops under the
supervision of the Virginia Commission for the Visually Handicapped, (3)
are available for sale by it and (4) conform to the standards established
by the Director shall be purchased from the Commission at the fair
market price. When convenience or emergency requires it the executive
secretary of the Commission may upon request of the purchasing officer
relieve him from the obligations of this section. Any purchasing officer
who violates its provisions shall be guilty of a misdemeanor and upon
conviction punished accordingly.

§ 2.1-286. Exceptions to centralized purchasing.—Unless otherwise
ordered by the Governor, the purchasing of materials, equipment and
supplies through the Director of the Department of Purchases and Supply
1s not mandatory in the following cases:

(1) Telephone and telegraph service, and electric light and power
service, and such materials, equipment and supplies as are incident to
the performance of a contract for labor or for labor and materials ;

(2) Technical instruments and supplies, and technical books and
other printed matter on technical subjects; also manuscripts, maps, books,
pamphlets and periodicals purchased for the use of the Virginia State Li-
brary or any other library in the State supported in whole or in part
by State appropriation; but no instrument supply, equipment or other
commodity shall be considered technical unless so classified by the Depart-
ment of Purchases and Supply;

(83) Perishable articles, provided that no article except fresh vege-
tables, fresh fish, eggs and milk shall be considered perishable within
the meaning of this clause, unless so classified by the Department of
Purchases and Supply;

(4) Automobile license number plates ; ;

(5) Materials, equipment and supplies needed by the State Highway
Commission; provided, however, that this exception may include office
stationery and supplies, office equipment, janitorial equipment and sup-
plies, coal and fuel oil for heating purposes only when authorized in
writing by the Director ; oo.

(6) Materials, equipment and supplies needed by the Virginia Al-
coholic Beverage Control Board; provided, however, that this excep-
tion may include office stationery and supplies, office equipment, janitorial
equipment and supplies, coal and fuel oil for heating purposes only when
authorized in writing by the Director.

§ 2.1-287. Centralized purchasing not applicable to A. B. C. Board.—
The provisions of this chapter relating to purchases and to purchasing
shall not apply either to the purchasing by the Virginia Alcoholic Beverage
Control Board of alcoholic beverages, as defined in the Alcoholic Beverage
Control Act, or to the making of leases and the purchasing of real estate
by the Virginia Alcoholic Beverage Control Board. Such alcoholic bever-
ages and such real estate shall be purchased, and such leases shall be
ae an accordance with the provisions of the Alcoholic Beverage Con-

§ 2.1-288. Purchases by political subdivisions and local officers;
use of facilities of central warehouse.—The boards of supervisors, or
other governing bodies, of political subdivisions, the several counties and
the councils of the several cities and towns, and the officers of counties,
cities, towns and political subdivisions who are empowered to purchase
material, equipment and supplies of any and all kinds for local public
use, may, in their discretion, seek the aid and cooperation of the Direc-
tor of the Department of Purchases and Supply in purchasing such ma-
terial, equipment and supplies, to the end that, by central purchasing,
cheaper prices may be obtained. When any such governing body of a
county or political subdivision, council of a city or town, or duly authorized
officer or officers of a county, city, town or political subdivision request
the Director to obtain bids for any material, equipment and supplies,
and such bids accordingly have been obtained by the Department of Pur-
chases and Supply, the Department may award the contract to the low-
est responsible bidder, and such county, city, town or political subdivision
shall be bound by such contract; the Department shall set forth in the
purchase order that such material, equipment and supplies be delivered to,
and that the bill therefor be made out to and forwarded to such county,
city, town or political subdivision; any such bill shall be a valid and
enforceable claim against the county, city, town or political subdivision
responsible, requesting the Department to seek such bids.

Notwithstanding any of the foregoing, any such political subdivision
shall have the right to reject all bids without any liability unless said
political subdivision purchases the same or similar item or items upon
which such bids were taken within a period of three months thereafter
from someone other than the bidder to whom the order was awarded
at the bid price. Whenever all bids have been rejected by the political
subdivision, it may again call for bids on the same or similar items
through the Department of Purchases and Supply, with the approval of
the Director of Purchases and Supply.
The Director shall encourage the seeking of such aid and cooperation
by the tender of his services by letter, and otherwise, and specially by the
dissemination of facts by letter or otherwise, concerning the savings of
public funds which may be effected by central purchasing of material,
equipment and supplies.

Upon request of the governing body of any county, city, town or
other political subdivision, or any duly authorized officer thereof, the
Director may make available to any such county, city, town or other
political subdivision the facilities of the central warehouse maintained
by the Department; provided, however, that the furnishing of any such
services or supplies shall not limit or impair any services or supplies
gormahy rendered any department, division, institution or agency of the
§ 2.1-289. Payment for purchases by Director.—All purchases
made by or through the Director of the Department of Purchases and
Supply shall be paid for in the same manner and out of the same funds
as if the purchase had not been made by or through him.

§ 2.1-290. When warrants for purchases not to be issued; inten-
tional violations of this article-—The Comptroller shall not issue any war-
rant upon any voucher issued by any using agency covering the pur-
chase of any material, equipment or supplies, when such purchase is
made in violation of any provision of this chapter. Any using agency or
person aggrieved by any failure or refusal of the Comptroller to issue any
warrant hereunder, may appeal to the Board of Accounts and Purchases,
and the board shall in such event afford the using agency or person a fair
hearing, and review all the facts and circumstances involved. If the
board shall determine that the purchase was not made in violation of
any provision of this chapter it shall, or if it shall determine that the
purchase was made inadvertently in violation of a provision of this chap-
ter it may, direct the Comptroller to issue the warrant or warrants in-
volved and the Comptroller shall thereupon, in the absence of any other
provisions of law to the contrary, issue the warrant or warrants.

Intentional violations of the centralized purchasing provisions of
this chapter by any using agency, continued after notice from the
Governor to desist, shall constitute malfeasance in office, and shall sub-
ject the officer or officers responsible for such violations, to suspension or
removal from office, as may be provided by law in other cases of mal-
feasance.

§ 2.1-291. Sale or transfer of surplus.—The Director of the Depart-
ment of Purchases and Supply shall transfer surplus supplies or equip-
ment from one State department, division, institution or agency to an-
other, and sell surplus supplies or equipment which may accumulate in
the possession of any State department, division, institution or agency
and pay the proceeds derived therefrom into the State treasury to the
credit of the department, division, institution or agency owning the
surplus supplies or equipment. No such surplus supplies or equipment
shall be transferred or sold, however, without the consent of the head of
the department, division, institution or agency having them in posses-
sion, or unless ordered by the Governor. No such supplies or equipment
shall be sold or exchanged except as provided herein.

§ 2.1-292. Opinion of Attorney General may be required.—In case
any controversy shall arise between the Director of the Department of
Purchases and Supply and any using agency, involving the proper inter-
pretation of this chapter, the Director, or the using agency, may require
the written opinion of the Attorney General thereon.

§ 2.1-293. Appeals as to centralized purchasing.—Any department,
division, institution, officer, agency or other person aggrieved by any ac-
tion taken by the Director of the Department of Purchases and Supply,
pursuant to the provisions of this chapter, relating to centralized pur-
chasing may appeal to the Board of Purchases and Supply. In the event of
such appeal notice shall be given and the matter heard and determined as
provided in § 2.1-247. _.

§ 2.1-294. Laws not affected by chapter.—The provisions of this
chapter shall be subject to the provisions of Title 53 relating to the
products of the penitentiary and State farms required by State depart-
ments, institutions and agencies, and the purchase of the same through
the Department of Purchases and Supply. ;

§ 2.1-295. Definitions.—As used in this section, “agency” includes
every agency, department, division, institution or other branch of the
State government. “Publication” includes all unrestricted publications
of whatever kind which are printed or reproduced in any way, published or
issued by an agency of the State in full or in part at State expense.

§ 2.1-296. Agencies to furnish copies to State Library and Depart-
ment of Purchases and Supply.—Every agency shall furnish two copies
of each of its publications at the time of issue to the Virginia State Li-
brary and shall deliver one copy to the Department of Purchases and
Supply at the same time.

§ 2.1-297. State Librarian may acquire additional copies.—The
State Librarian may require any agency to deliver to the State Library
not exceeding one hundred additional copies of any publication delivered
tohim under § 2.1-296 of this chapter.

§ 2.1-298. Review and recommendations by Department of Pur-
chases and Supply.—When the Department of Purchases and Supply
receive publications from an agency it shall review the same and furnish
such agency with suggestions concerning the most economical methods of
printing, binding and mailing publications.

§ 2.1-299. Records to be kept by agencies.—Every agency shall
maintain such records of the cost of printing and distributing publica-
tions, and the revenue therefrom, as are necessary to disclose the actual cost
of such publication and mailing and the revenue received therefrom. In
addition to other expenses, there shall be included in the cost of publica-
tion the cost of purchased materials, staff time and the expenses involved
in printing and mailing any such publication.

§ 2.1-800. Information to be furnished to Governor.—Whenever an
agency is preparing the information required by the Governor in con-
nection with his duties under Chapter 6 (§ 2.1-52 et seq.) of Title 2.1 of
the Code of Virginia, such agency shall submit with its other fiscal infor-
mation a list of its publications together with their purpose, the type
of organizations or individuals to whom distribution is made, how many
are distributed annually if the publication is an irregular one, how many
are distributed per issue if the publication is a periodical, the proportion
of each publication printed which is sold, the estimated cost of printing
and mailing such publications, and information showing in detail why
any new periodical publication proposed in the ensuing biennium and
ie twenty-five hundred dollars per year or more is necessary or

esirable.

§ 2.1-301. State Librarian to prepare and publish catalog.—On and
after June twenty-sixth, nineteen hundred sixty-four, the State Li-
brarian shall prepare, publish and make available a catalog of publications
printed by State agencies. Such catalog shall be issued annually and
each publication shall be indexed by subject, author and issuing agency.
The date of publication of each listed publication shall be noted in the
catalog together with information showing, in appropriate cases, that
library copies only are available. To the extent such information is avail-
able, the catalog shall set forth the price charged, if any, of each publica-
tion and how and where the same may be obtained.
§ 2.1-802. Distribution of catalog.—The catalog shall be made avail-
able without cost to persons indenting a continuing interest in such
catalog. Copies sent out of State shall be on an exchange basis or at a
price sufficient to equal the unit cost of printing and mailing; compli-
mentary copies may be made available by the State Librarian.

§ 2.1-803. Governor may effect temporary loans.—The Governor
shall. have authority to raise, from time to time, by temporary loans, so
much as may be needed to supply the wants at the State treasury, to be
refunded by warrants of the Comptroller within twelve months from the
time when such loans are made. ;

§ 2.1-304. Acts concerning issuance of bonds and certificates of
indebtedness continued in effect.—The following sections of the Code of
1919 and the following subsequent acts, all relating to the issue and terms
of, and provisions with respect to certain bonds or certificates of indebted-
ness of the State, are continued in effect.

(1) §§ 2584 to 2602, inclusive, of the Code of 1919;

(2) Chapter 93 of the Acts of 1927, approved April 18, 1927;

(3) Chapter 91 of the Acts of 1932, approved March 8, 1932, codi-
fiedas §§ 2641 (1)-2641 (11) of Michie Code 1942; and

(4) Chapter 203 of the Acts of 1936, approved March 14, 1936.

§ 2.1-805. Register of coupons.—The State Treasurer shall keep
registers of all coupons issued since July first, eighteen hundred
seventy-one, according to class, denomination, number and time when
due. In the column of “time when due”, and opposite the “number” thereof,
he shall have posted the number of the warrant and its date of issue for
the payment of every coupon which is redeemed or paid; and he shall
cause to be cancelled the columns of “time when due” after the date of a
transfer of a coupon bond into some other class or denomination of
bonds, and prior to the issue of new numbers of coupon bonds.

§ 2.1-806. Daily record to be kept of bonds issued, cancelled or ex-
changed; monthly inspection of bond registers—The Comptroller and
State Treasurer shall cause to be kept in books made for that purpose a
daily record of every bond issued, cancelled, or exchanged which has been
or may be hereafter entered on the bond registers in their respective
offices, and to make a monthly summary of the bonds issued, cancelled
or exchanged, keeping each class separate. In making the daily record or
monthly summary all consecutive numbers may be entered as of a single
entry, provided the first and last numbers are stated, both inclusive, with
the total amounts respectively. The Comptroller and State Treasurer shall
also cause to be made a monthly comparison of the bond registers in
their respective offices, and to observe that all changes in the registers
are recorded in the books showing the summaries. The State Treasurer
shall also verify all statements or transactions passing through his office
and compare daily the amounts shown as the total surrender in his of-
fice with the totals shown in the office of the Comptroller.

§ 2.1-307. How bonds and certificates signed and paid.—Every
such bond and certificate shall be signed by the State Treasurer and coun-
tersigned by the Comptroller. All payments on account thereof shall be
made upon the warrants of the Comptroller.

§ 2.1-308. Who deemed owner of bond or certificate——The person
appearing on the books of the office in which any bond or certificate
is registered as the owner thereof shall be deemed the owner as regards
the Commonwealth, so as to make valid all payments by the Common-
wealth on account thereof to such person, or his personal representative,
made before a transfer of the bond or certificate on the books of such

office.
§ 2.1-309. How bonds and certificates sold, etc—But if the person
sO appearing on the books as the owner shall, bona fide and for valuable
consideration, sell, pledge or otherwise dispose of such bond or certificate
to another and deliver to him the bond or certificate, with a power of
attorney authorizing the transfer thereof to him on the books of the
proper officer, the title of the former in the bond or certificate (both at
law and in equity) shall vest in the latter for the whole amount of the
bond or certificate, or so much thereof as may be necessary to effect the
purpose of the sale, pledge or other disposition; and it shall so vest,
not only as between the parties themselves, but also as against the
creditors of and subsequent purchasers from the former, subject to the
preceding section. ;

§ 2.1-310. How transferred on books of office—Upon the delivery
of such bond or certificate at the office in which it is registered, a transfer
may be made on the books of such office, either of the whole amount or
of any part thereof, by the person appearing on the books as the owner or
by another having a power of attorney from him, duly authenticated,
authorizing such transfer. Upon a transfer, the former bond or certificate
shall be cancelled, and one or more new bonds or certificates shall be is-
sued, not exceeding together the amount of that cancelled. But no trans-
fer shall be made on the books between the fifteenth day of June and the
first day of July next thereafter succeeding, nor between the fifteenth
day of December and the first day of January next thereafter succeeding.

5s 2.1-311. State Treasurer may destroy cancelled coupons and
bonds; notice and transfer to State Librarian.—The State Treasurer is
hereby authorized to destroy all coupons and bonds which have been paid
by him and which have been cancelled and have remained in his office
for at least three years, provided the Auditor of Public Accounts has au-
dited and approved the records of the State Treasurer for the period cover-
ing the time during which such coupons and bonds were paid and can-
celled. Such destruction may be by burning or otherwise. Before destroy-
ing any such cancelled coupon or bond, the State Treasurer shall notify
the State Librarian that he intends to destroy the same and the State
Treasurer is authorized to transfer to the State Librarian any such can-
celled coupon or bond which the latter desires for historical purposes.

§ 2.1-312. How new bonds registered, etc.—Every new bond or
certificate shall be registered, signed and countersigned like the former
bond or certificate.

§ 2.1-313. How lost bond or certificate renewed.—When any bond
or certificate shall be lost or destroyed, the owner thereof may:

(1) Produce to the State Treasurer, in whose office the bond or
certificate is registered, proof of his having advertised the same once
a week for four successive weeks in a newspaper;

(2) File in the office of the State Treasurer an affidavit, setting
forth the time, place and circumstance of the loss or destruction; and

(3) Execute a bond to the Commonwealth, with one or more sureties,
approved by the State Treasurer, with condition to indemnify the Com-
monwealth and all persons against any loss in consequence of issuing a
new bond or certificate in place of the one so lost or destroyed;

And, thereupon, the State Treasurer may issue, at any time before
such bond or certificate becomes due and payable, or at any time as to
any such bond or certificate which has become due and payable on or
after July first, nineteen hundred thirty-two, a new bond or certificate
and register the same.

§ 2.1-314. Signature when bonds are reissued.—Whenever any
bonds or certificates of the Commonwealth of Virginia, required by law
to be signed by the State Treasurer, are reissued, such reissues of such
bonds and certificates may be signed by any deputy or deputies desig-
nated by the State Treasurer ; if required to be signed by the Comptroller,
such reissues of such bonds and certificates may be signed by any deputy
or deputies designated by the Comptroller if required to be attested by the
Secretary of the Commonwealth, such reissues of such bonds and certifi-
cates may be attested by any deputy or deputies designated by the Secre-

tary.

§ 2.1-315. Forged or counterfeit bonds or coupons of the State de-
stroyed.—Whenever any forged or counterfeit bonds or coupons of the
State shall in any manner come into the hands or possession of the Comp-
troller or State Treasurer, or the clerks or employees of such officers, such
officers, clerks or employees are hereby authorized and empowered to seize
and retain the same for and in behalf of the State for a period of ninety
days, at the expiration of which time, if no steps be taken by the holders
or claimants of such obligations, bonds or coupons to establish their
genuineness, the same shall be turned over to the Comptroller, and by
him be destroyed.

§ 2.1-316. Proceedings for the seizure of forged obligations of the
State; indemnity to officers.—Whenever such officials, clerks or employees
shall be informed, or shall have good reason to believe, that any person
or corporation within the limits of the State, shall have in his possession
or control any forged or counterfeit obligations, bonds or coupons, then
upon a petition of the Comptroller to the circuit court of the city of Rich-
mond, verified by the affidavit of any of the aforesaid officers, clerks or
employees, setting forth such possession of such obligations, bonds or
coupons, the court or judge thereof in vacation, shall direct the sergeant
or sheriff of any city, town or county of the Commonwealth to seize,
attach and forthwith return such obligations, bonds or coupons to the
court, which court shall, after the expiration of ninety days from the
return, direct such obligations, bonds or coupons to be destroyed, unless
within ninety days from the return thereof the claimant, holder or such
person having the same in possession at the time of attachment and
seizure, shall appear and take steps to establish the genuineness of the

e.

Such officers, clerks or employees shall be exonerated and held harm-
less from all personal liability for any act or conduct done in good faith
under the provisions of this section.

§ 2.1-317. Employees of State Treasurer’s and Comptroller’s offices
not to leave office to testify; depositions; other evidence.—No officer,
clerk or employee of the State Treasurer’s office or the office of the
Comptroller, shall be required to leave his office for the purpose of
testifying in any suit, action or other civil proceeding involving the
genuineness of a coupon tendered in payment of taxes, debts or other
demands due the State, nor shall any book, record or paper belonging to
either of such offices be taken therefrom to be used as evidence in any
such suit, action or proceeding; but the deposition of such officers, clerks or
employees may be taken, provided the same be taken in other than office
hours, and a copy of any such book, record or paper, in either of such
offices, attested as provided in §§ 8-266 and 8-269 may be admitted as
evidence in lieu of the original.

§ 2.1-318. Treasury Board to replace Commissioners of the Sinking
Fund.—The board known as the “Commissioners of the Sinking Fund” as
it heretofore existed is hereby abolished and all of its powers and duties
are hereby transferred to the Treasury Board.

§ 2.1-319. Sinking Fund, of what constituted.—All damages which
may hereafter be recovered by the State against defaulting revenue col-
lectors, money which may be devived from the sale of any stocks and
securities now held in the State treasury belonging to the Sinking Fund,
current interest upon all bonds hcreafter purchased for the Sinking Fund,
and such sums as may be appro»riated from time to time by the General
Assembly to the fund shall constitute the Sinking Fund of the State.
§ 2.1-320. Investment in securities; payment of funded bonds of
Commonwealth.—The moneys belonging to the Sinking Fund shall be in-
vested by the Treasury Board in securities that are legal investments under
the laws of the Commonwealth for sinking funds, and all interest received
on such investments shall become a part of the Sinking Fund. The
principal of, and interest on, all of the funded bonds of the Commonwealth
shall be paid by the Treasury Board out of the Sinking Fund provided
for that purpose, and there is hereby appropriated out of the Sinking
Fund a sum sufficient for that purpose.

§ 2.1-321. Temporary borrowings by Treasury Board.—The
Treasury Board may, in their discretion, borrow temporarily, such mon-
eys as may be necessary to pay off and discharge any bonds which are
valid obligations of the Commonwealth whenever securities in the Sink-
ing Fund are not paid at the time the obligations of the State become
due, and the securities, if sold, would have to be sold at less than their
cost to the Sinking Fund; provided, however, that the Governor shall first
approve in writing the borrowing of such moneys; and provided further
that the moneys shall not be borrowed for a longer period of time than
five years. Such temporary loans may be evidenced, either by notes
signed in the name of the Commonwealth by the Treasury Board, or by
certificates of indebtedness, the latter, if issued, to be signed on behalf of
the Commonwealth by the State Treasurer and the Comptroller. Such
certificates, if issued, shall be sold by the Treasury Board for cash, at
such prices, not less than par, as may be approved by them. Any se-
curities in the Sinking Fund may be hypothecated as security for the
payment of any notes or certificates of indebtedness which may be issued
under the provisions of this section.

§ 2.1-822. Expenses.—All expenses incurred in carrying into effect
the provisions of the two preceding sections shall be paid out of the
Sinking Fund, for which purpose there is appropriated out of such
fund a sum sufficient therefor.

§ 2.1-328. Refinancing obligations of State institutions.—The gov-
erning board of any State institution is authorized whenever it deems
proper to provide for the refinancing and consolidation of the obligations
of such institutions in which General Sinking Fund moneys are invested,
and the Treasury Board may arrange therefor on application of any
such governing board. Such refinancing and consolidation may be with
respect to all or any part of the obligations of such institution so held.
The obligations replacing those so held by the Treasury Board shall
bear such interest rate, run for such term and contain such conditions as
the Treasury Board and the governing board of the institution, respec-
tively, agree to.

In refinancing and consolidating any such obligations, the Treasury
Board shall receive the cost to it of such obligations so refinanced or
consolidated.

§ 2.1-824. Meetings; how bonds bought and retired.—The Treas-
ury Board shall meet on call of the chairman, and at any such meeting the
Treasury Board may determine how much of the fund at their disposal shall
be expended for the immediate purchase of bonds and how the purchase
shall be made, whether privately or by advertisement for bids. If, how-
ever, they determine to advertise, the advertisement shall be inserted in
at least one daily newspaper published in the cities of Richmond, New
York and Baltimore, and shall state that they will receive offers for the
sale of a definite amount of bonds, being such amount as, in their judg-
ment, the sum placed to their credit will enable them to purchase, and
that such offers may be made up to and including a day named. All such
offers shall be made in writing, shall be sealed, and shall be opened by the
Treasury Board or a majority of them, at a meeting previously agreed
upon, at noon, in the presence of the Governor, or in the event of his
absence, in the presence of a quorum of the Treasury Board; but the
Treasury Board shall have authority to reject any and all bids made.
All bonds purchased under this section shall be listed on the minutes of
the Board. Such list shall show the number and denomination of each bond
purchased, and such bonds shall be immediately cancelled by the Treasury
Board, and shall not be used again for any purpose, except that the in-
terest thereon shall be paid regularly to the Sinking Fund. No coupon
bond shall be purchased unless all unmatured interest coupons shall be
attached thereto.

§ 2.1-325. How moneys of Sinking Fund paid into State Treasury ;
how paid out.—All moneys belonging to the Sinking Fund shall be paid
into the State Treasury on the warrant of the Comptroller, and shall be
paid out in like manner when authorized by the Treasury Board. .

§ 2.1-326. State Treasurer to receive and pay moneys of Sinking
Fund; report.—The State Treasurer shall receive and pay the moneys
belonging to the Sinking Fund as hereinbefore provided. He shall keep
a distinct account of the same, and report to each session of the General
Assembly the aggregate receipts and disbursements on account thereof up
to the first of October or first of January, as the case may be, preceding
each session of the General Assembly, and the balance remaining unex-
pended at such time.

§ 2.1-327. Legal investments for public sinking funds.—The Com-
monwealth, all public officers, municipal corporations, political subdivisions
and all public bodies of the Commonwealth may properly and legally
invest any sinking funds belonging to them or within their control in the
following securities:

(1) Obligations of the Commonwealth.—Bonds, notes and other evi-
dences of indebtedness of the State of Virginia, and securities uncondi-
tionally guaranteed as to the payment of principal and interest by the
State of Virginia.

(2) Obligations of the United States, etc.—Bonds, notes and other
obligations of the United States, and securities unconditionally guar-
anteed as to the payment of principal and interest by the United States,
or any agency thereof.

(3) Obligations of Virginia counties, cities, ete.—Bonds, notes and
other evidences of indebtedness of any county, city, town, district, au-
thority or other public body of the State of Virginia upon which there
is no default; provided, that such bonds, notes and other evidences of in-
debtedness of any county, city, town, district, authority or other public
body are either direct legal obligations of, or those unconditionally guar-
anteed as to the payment of principal and interest by the county, city,
town, district, authority or other public body in question; and revenue
bonds issued by agencies or authorities of the State of Virginia or its
political subdivisions upon which there is no default.

(4) Obligations of International Bank for Reconstruction and De-
velopment.—Bonds and other obligations issued, guaranteed or assumed
by the International Bank for Reconstruction and Development.

_(5) Saving accounts or time deposits.—Saving accounts or time de-
posits in any bank within this State provided such bank is approved for
the deposit of other funds of the Commonwealth or other political subdivi-
sion thereof.

§ 2.1-328. Legal investments for other public funds.—The Common-
wealth, all public officers, municipal corporations, political subdivisions
and all public bodies of the Commonwealth may properly and legally
Invest any and all moneys or other funds belonging to them or within
their control other than sinking funds in securities that are legal in-
vestments for fiduciaries under the provisions of clauses (1), (2), (3),
(4), (5) and (24) of § 26-40 of the Code of Virginia, but this section shall
not apply to retirement funds to be invested pursuant to § 51-76.

§ 2.1-329. Deposit of public funds not an investment; authorized
deposits.—The deposit of public sinking funds and other funds in interest
bearing time deposits and certificates of deposit of national banks located
within this State and of banks organized pursuant to Chapter 2 (§ 6-5 et
seq.) of Title 6 shall not be considered investment of such funds for the
purposes of this chapter. Deposit of such funds in demand and time
deposits and in certificates of deposits of national banks located within
this State and of banks organized pursuant to Chapter 2 of Title 6 is
hereby authorized, provided that such deposits are secured as provided
by law, and further provided that no such deposit shall be made for any
one period in excess of one year.

§ 2.1-330. Commission created; composition; per diem and expenses;
reports to Governor and General Assembly.—There is hereby created the
Commission for Economy in Governmental Expenditures. The Commis-
sion shall consist of the Joint Auditing Committee of the Senate and
House of Delegates together with three members of the Appropriations
Committee of the House of Delegates appointed by the Speaker thereof,
two members of the Senate appointed by the President of the Senate,
and the Director of Personnel, ex-officio, who shall have no vote. The
legislative members of the Commission shall receive the per diem provided
members of the General Assembly and their necessary expenses incident
to their work upon the Commission. The Commission shall make such
reports as to its findings at such times as it deems proper submitting
same to the Governor and shall, at least thirty days prior to each regu-
lar session of the General Assembly, report to the Governor and General
Assembly.

§ 2.1-331. Duties of Commission—The Commission shall consider
present and proposed conditions of employment, what services and per-
sonnel might be eliminated, or combined in the interest of economical
and efficient administration, needed administrative and supervisory prac-
tices, and, in general, shall make all necessary and needful studies to ac-
complish the aforesaid purpose.

2.1-332. Auditor of Public Accounts to be executive secretary;
other assistance.—The Auditor of Public Accounts shall act as executive
secretary. The Commission may employ such secretarial and other as-
sistance as may be required for the discharge of its duties.

§ 2.1-833. State agencies to furnish information and assistance.—
All agencies of the State shall assist the Commission upon its request
and furnish such information and assistance as the Commission may
require in the discharge of its duties.

§ 2.1-334. Advisory committees.—The Commission may associate
with itself such advisory committees of businessmen and others as it may
deem necessary to advise it with respect to what business practices can be
adopted to achieve greater economies and more efficient service. The ex-
penses of the members of such committees shall be paid from the funds
of the Commission.

§ 2.1-335. Commission not to exercise executive power.—The Com-
mission shall have no power to take any act constitutionally reserved
to the executive branch of the State Government.

§ 2.1-336. Form of compact, etc.—The General Assembly hereby
enacts, and the Commonwealth of Virginia hereby enters into, the South-
ern Interstate Nuclear Compact with any and all states legally joining
therein according to its terms, in the form substantially as follows:

SOUTHERN INTERSTATE NUCLEAR COMPACT
ARTICLE I. POLICY AND PURPOSE

The party states recognize that the proper employment of nuclear
energy, facilities, materials, and products can assist substantially in tne
industrialization of the South and the development of a balanced economy
for the region. They also recognize that optimum benefit from and ac-
quisition of nuclear resources and facilities requires systematic encourage-
ment, guidance, and assistance from the party states on a cooperative
basis. It is the policy of the party states to undertake such cooperation
on a continuing basis; it is the purpose of this compact to provide the
instruments and framework for such a cooperative effort to improve
the economy of the South and contribute to the individual and com-
munity well being of the region’s people.
ARTICLE II. THE BOARD

(a) There is hereby created an agency of the party states to be
known as the “Southern Interstate Nuclear Board” (hereinafter called
the Board). The Board shall be composed of one member from each
party state designated or appointed in accordance with the law of the
state which he represents and serving and subject to removal in ac-
cordance with such law. Any member of the Board may provide for the
discharge of his duties and the performance of his functions thereon
(either for the duration of his membership or for any lesser period of
time) by a deputy or assistant, if the laws of his state make specific
provision therefor. The federal government may be represented without
vote if provision is made by federal law for such representation.

(b) The Board members of the party states shall each be entitled
to one vote on the Board. No action of the Board shall be binding unless
taken at a meeting at which a majority of all members representing the
party states are present and unless a majority of the total number of
votes on the Board are cast in favor thereof.

(c) The Board shall have a seal.

(d) The Board shall elect annually, from among its members, a
chairman, a vice-chairman, and a treasurer. The Board shall appoint
an Executive Director who shall serve at its pleasure and who shall also
act as Secretary, and who, together with the Treasurer, shall be bonded
in such amounts as the Board may require.

(e) The Executive Director, with the approval of the Board, shall
appoint and remove or discharge such personnel as may be necessary
for the performance of the Board’s functions irrespective of the civil
service, personnel or other merit system laws of any of the party states.

(f) The Board may establish and maintain, independently or in con-
junction with any one or more of the party states, a suitable retirement
system for its full-time employees. Employees of the Board shall be eligible
for social security coverage in respect of old age and survivors insurance
provided that the Board takes such steps as may be necessary pursuant
to federal law to participate in such program of insurance as a govern-
mental agency or unit. The Board may establish and maintain or par-
ticipate in such additional programs of employee benefits as may be
appropriate.

(g) The Board may borrow, accept, or contract for the services of
personnel from any state or the United States or any subdivision or
agency thereof, from any interstate agency, or from any institution,
person, firm or corporation.

(h) The Board may accept for any of its purposes and functions
under this compact any and all donations, and grants of money, equip-
ment, supplies, materials, and services (conditional or otherwise) from
any state or the United States or any subdivision or agency thereof, or
interstate agency, or from any institution, person, firm, or corporation,
and may receive, utilize and dispose of the same.

(i) The Board may establish and maintain such facilities as may be
necessary for the transacting of its business. The Board may acquire,
hold, and convey real and personal property and any interest therein.

(j) The Board shall adopt bylaws, rules, and regulations for the
conduct of its business, and shall have the power to amend and rescind
these bylaws, rules, and regulations. The Board shall publish its bylaws,
rules, and regulations in convenient form and shall file a copy thereof,
and shall also file a copy of any amendment thereto, with the appropri-
ate agency or officer in each of the party states.

(k) The Board annually shall make to the governor of each party
state, a report covering the activities of the Board for the preceding year,
and embodying such recommendations as may have been adopted by the
Board, which report shall be transmitted to the legislature of said state.
The Board may issue such additional reports as it may deem desirable.

ARTICLE III. FINANCES

(a) The Board shall submit to the executive head or designated of-
ficer or officers of each party state a budget of its estimated expenditures
for such period as may be required by the laws of that jurisdiction for
presentation to the legislature thereof.

(b) Each of the Board’s budgets of estimated expenditures shall con-
tain specific recommendations of the amount or amounts to be appro-
priated by each of the party states. One-half of the total amount of
each budget of estimated expenditures shall be apportioned among the
party states in equal shares; one-quarter of each such budget shall be
apportioned among the party states in accordance with the ratio of their
populations to the total population of the entire group of party states
based on the last decennial federal census; and one-quarter of each such
budget shall be apportioned among the party states on the basis of the
relative average per capita income of the inhabitants in each of the party
states based on the latest computations published by the federal census-
taking agency. Subject to appropriation by their respective legislatures,
the Board shall be provided with such funds by each of the party states
as are necessary to provide the means of establishing and maintaining
facilities, a staff of personnel, and such activities as may be necessary
to fulfill the powers and duties imposed upon and entrusted to the Board.

(c) The Board may meet any of its obligations in whole or in part
with funds available to it under Article II (h) of this compact, provided
that the Board takes specific action setting aside such funds prior to the
incurring of any obligation to be met in whole or in part in this manner.
Except where the Board makes use of funds available to it under Article
II (h) hereof, the Board shall not incur any obligation prior to the allot-
ment of funds by the party jurisdictions adequate to meet the same.

(d) Any expenses and any other costs for each member of the Board
in attending meetings shall be met by the Board.

(e) The Board shall keep accurate accounts of all receipts and dis-
bursements. The receipts and disbursements of the Board shall be sub-
ject to the audit and accounting procedures established under its bylaws.
However, all receipts and disbursements of funds handled by the Board
shall be audited yearly by a qualified public accountant and the report
of the audit shall be included in and become part of the annual report
of the Board.

(f) The accounts of the Board shall be open at any reasonable time
for inspection.

ARTICLE IV. ADVISORY COMMITTEES

_ The Board may establish such advisory and technical committees as
it may deem necessary, membership on which to include but not be
limited to private citizens, expert and lay personnel, representatives of
industry, labor, commerce, agriculture, civic associations, medicine, edu-
cation, voluntary health agencies, and officials of local, state and federal
government, and may cooperate with and use the services of any such
committees and the organizations which they represent in furthering any
of its activities under this compact.

ARTICLE V. POWERS

The Board shall have power to: -

(a) Ascertain and analyze on a continuing basis the position of the
South with respect to nuclear and related industries. a

(b) Encourage the development and use of nuclear energy, facilities,
installations, and products as part of a balanced economy.

(c) Collect, correlate, and disseminate information relating to ci-
vilian uses of nuclear energy, materials and products. _

(d) Conduct, or cooperate in conducting, programs of training for
state and local personnel engaged in any aspect of

(1) Nuclear industry, medicine, or education or the promotion
or regulation thereof. ;

(2) The formulation or administration of measures designed to
promote safety in any matter related to the development, use or dis-
posal of nuclear energy, materials, products, installations, or wastes.
(e) Organize and conduct, or assist and cooperate in organizing and

conducting, demonstrations of nuclear product, material, or equipment
use and disposal and of proper techniques or processes for the application
of nuclear resources to the civilian economy or general welfare.

(f) Undertake such nonregulatory functions with respect to non-
nuclear sources of radiation as may promote the economic development
and general welfare of the region.

(g) Study industrial, health, safety, and other standards, laws, codes,
mules, regulations, and administrative practices in or related to nuclear

(h) Recommend such changes in, or amendments or additions to the
laws, codes, rules, regulations, administrative procedures and practices or
ordinances of the party states in any of the fields of its interest and
competence as in its judgment may be appropriate. Any such recom-
mendation shall be made through the appropriate state agency with due
consideration of the desirability of uniformity but shall also give appropri-
ate weight to any special circumstance which may justify variations to
meet local conditions.

(i) Prepare, publish and distribute, (with or without charge) such
reports, bulletins, newsletters or other material as it deems appropriate.

(j) Cooperate with the Atomic Energy Commission or any agency
successor thereto, any other officer or agency of the United States, and
any other governmental unit or agency or officer thereof, and with any
private persons or agencies in any of the fields of its interests.

(k) Act as licensee of the United States Government or any party
state with respect to the conduct of any research activity requiring
such license and operate such research facility or undertake any program
pursuant thereto.

(1) Ascertain from time to time such methods, practices, circum-
stances, and conditions as may bring about the prevention and control
of nuclear incidents in the area comprising the party states, to coordi-
nate the nuclear incident prevention and control plans and the work
relating thereto of the appropriate agencies of the party states and to
facilitate the rendering of aid by the party states to each other in coping
with nuclear incidents. The Board may formulate and, in accordance
with need from time to time, revise a regional plan or regional plans
for coping with nuclear incidents within the territory of the party states
as a whole or within any subregion or subregions of the geographic area
covered by this compact.
1134 ACTS OF ASSEMBLY [VA., 1966

ARTICLE VI. SUPPLEMENTARY AGREEMENTS

(a) To the extent that the Board has not undertaken an activity or
project which would be within its power under the provisions of Article
V of this compact, any two or more of the party states (acting by their
duly constituted administrative officlals) may enter into supplementary
agreements for the undertaking and continuance of such an activity or
project. Any such agreement shall specify its purpose or purposes; its
duration and the procedure for termination thereof or withdrawal there-
from; the method of financing and allocating the costs of the activity or
project; and such other matters as may be necessary or appropriate. No
such supplementary agreement entered into pursuant to this article shall
become effective prior to its submission to and approval by the Board.
The Board shall give such approval unless it finds that the supplementary
agreement or the activity or project contemplated thereby is inconsistent
with the provisions of this compact or a program or activity conducted
by or participated in by the Board.

(b) Unless all of the party states participate in a supplementary
agreement, any cost or costs thereof shall be borne separately by the
states party thereto. However, the Board may administer or otherwise
assist in the operation of any supplementary agreement.

(c) No party to a supplementary agreement entered into pursuant
to this article shall be relieved thereby of any obligation or duty as-
sumed by said party state under or pursuant to this compact, except that
timely and proper performance of such obligation or duty by means of
the supplementary agreement may be offered as performance pursuant to
the compact.

ARTICLE VII. OTHER LAWS AND RELATIONSHIPS

Nothing in this compact shall be construed to:

(a) Permit or require any person or other entity to avoid or refuse
compliance with any law, rule, regulation, order or ordinance of a party
state or subdivision thereof now or hereafter made, enacted or in force.

(b) Limit, diminish, or otherwise impair jurisdiction exercised by
the Atomic Energy Commission, any agency successor thereto, or aly
other federal department, agency or officer pursuant to and in conformity
with any valid and operative act of Congress.

(c) Alter the relations between the respective internal responsibili-
ties of the government of a party state and its subdivisions.

(d) Permit or authorize the Board to exercise any regulatory au-
thority or to own or operate any nuclear reactor for the generation 0
electric energy; nor shall the Board own or operate any facility or
installation for industrial or commercial purposes.

ARTICLE VII. ELIGIBLE PARTIES, ENTRY INTO
FORCE AND WITHDRAWAL

(a) Any or all of the states of Alabama, Arkansas, Delaware,
Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Caro-
lina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West
Virginia shall be eligible to become party to this compact.

(b) As to any eligible party state, this compact shall become ef-
fective when its legislature shall have enacted the same into law; pro
vided that it shall not become initially effective until enacted into law
by seven states. .

(c) Any party state may withdraw from this compact by enacting
a statute repealing the same, but no such withdrawal shall become
effective until the governor of the withdrawing state shall have sent
formal notice in writing to the governor of each other party state in-
forming said governors of the action of the legislature in repealing the
compact and declaring an intention to withdraw.
The provisions of this compact and of any supplementary agreement
entered into hereunder shall be severable and if any phrase, clause, sentence
or provision of this compact or such supplementary agreement is declared
to be contrary to the constitution of any participating state or of the
United States or the applicability thereof to any government, agency,
person, or circumstance is held invalid, the validity of the remainder of
this compact or such supplementary agreement and the applicability
thereof to any government, agency, person or circumstance shall not be
affected thereby. If this compact or any supplementary agreement en-
tered into hereunder shall be held contrary to the constitution of any
state participating therein, the compact or such supplementary agreement
shall remain in full force and effect as to the remaining states and in full
force and effect as to the state affected as to all severable matters. The
provisions of this compact and of any supplementary agreement entered
into pursuant hereto shall be liberally construed to effectuate the pur-
poses thereof.

§ 2.1-337. Appointment of member of Southern Interstate Nuclear
Board.—The Governor shall appoint one member of the Southern Inter-
state Nuclear Board as established by Article II of the compact, to serve
at the pleasure of the Governor for a term of four years. If such member
be the head of a department or agency of this State, he may designate
a subordinate officer or employee of his department or agency to serve
in his stead as permitted by Article II (a) of the compact and in con-
formity with any applicable bylaws of the Board.

§ 2.1-338. Supplementary agreements; appropriation of funds.—No
supplementary agreement entered into pursuant to Article VI of the com-
pact and requiring the expenditure of funds or the assumption of an
obligation to expend funds in addition [to] those already appropriated
shall become effective as to this State unless funds therefor are or have
been appropriated therefor as provided by law.

§ 2.1-339. Cooperation of departments, agencies and officers of
State.—All departments, agencies and officers of this State and its po-
litical subdivisions are hereby authorized to cooperate with the Southern
Interstate Nuclear Board in the furtherance of any of its activities pur-
suant to the compact.

3. All acts or parts of acts inconsistent with the provisions of this
act are repealed to the extent of such inconsistency.

__ 4, Whenever in this title any of the conditions, requirements, pro-
visions or contents of any section, article or chapter of Title 2, as such
title existed prior to July 1, 1966, are transferred in the same or in modi-
fied form to a new section, article or chapter, and whenever any such for-
mer section, article or chapter is given a new number in this title, all
references to any such former section, article or chapter of Title 2 appear-
ing elsewhere in this Code than in this title shall be construed to apply
to the new or renumbered section, article or chapter containing such
conditions, requirements, provisions or contents or portions thereof.

5. It is the intention of the General Assembly that this act shall
be liberally construed to effect the purposes set out herein, and if any
Clause, sentences, paragraph or section of this act shall ever be declared
unconstitutional, it shall be deemed severable, and the remainder of this
act shall continue in full force and effect.

6. This act shall become effective July 1, 1966.
An Act to authorize The Visitors of Longwood College, subject to the
approval of the Governor, to sell and convey certain real estate owned
by Longwood College, and to provide for the application of the pro-
ceeds of such sale. rH 299}

Approved April 6, 1966

Be it enacted by the General Assembly of Virginia:

1. That The Visitors of Longwood College be, and are hereby authorized
to sell, subject to the approval of the Governor, on such terms and condi-
tions as they shall see fit, and to convey by proper deed to the purchaser
thereof, the following described real estate:

that certain lot or parcel of land lying and being in the town of
Farmville, county of Prince Edward, Virginia, between the Norfolk and
Western Railroad and the Appomattox River, and being a part of Lot #30,
Judith Randolph Survey, and being commonly known as the coal yard
property—beginning at iron pipe on Norfolk and Western property line,
running northeast along Norfolk and Western property line 71.1’ to a
stake, north 101.4’ to a stake on the Appomattox River—-west along river
147.6’ to an iron pipe—south along line of Farmville Electric Plant prop-
erty 115.3’ to iron pipe—west 84.4’ to the beginning of the Norfolk and
Western property line.

Being the same real estate conveyed to the Board of Virginia Teach-
ers College by deed from Helen H. Cox, widow, dated March 23, 1925 and
recorded in Deed Book 76, page 228, in the Clerk’s Office of the Circuit
Court of Prince Edward County, Virginia.

The sale of such property shall be in such an amount as may be
acceptable to The Visitors of Longwood College and the Governor; the
terms of such sale shall be cash in hand paid upon delivery of a deed of
conveyance and the deed shall be approved as to form and substance by
the Attorney General.

The proceeds of the sale are hereby appropriated to The Visitors of
Longwood College to be used solely for capital outlay purposes.

2. An emergency exists and this act is in force from its passage.