The General Assembly directed the Virginia Code Commission, by Chapter 611 of the Acts of Assembly of 1962, to undertake the revision of Title 14 of the Code of Virginia, relating to costs, fees, salaries and allowances, and to report its recommendations together with suggested legislation necessary to carry such recommendations into effect.

The Commission retained Hugh R. Thompson, Jr., an attorney at law, Richmond, as Counsel to assist in this revision.

Counsel has met or corresponded with and invited the suggestions of representatives of all interested groups and organizations. The Commission has conferred with Counsel on numerous occasions and discussed in detail changes recommend??d by members of the Commission, by Counsel, and by the interested groups and organizations.

Present Title 14 of the Code represents a great deal of salutary legislative effort; a large portion of which was originally well-conceived and remains currently valid; however, other portions, though proper when enacted, are confusing or obsolete in the light of changed conditions and administrative experiences. Other portions were enacted without sufficient consideration of general policy or their effect on existing legislation and administrative practices, which has resulted in duplications, inconsistencies and uncertainties.

Because of the numerous changes necessary to improve the orderliness and accessibility of the provisions of the Title, it was found advisable to recommend the repeal of the present Title 14 and the substitution therefor of new Title 14.1 dealing with costs, fees, salaries and allowances.

SUMMARY OF MAJOR CHANGES

Several of the major changes, and the reasons therefor, are hereinafter pointed out.

1. § 14.1-1 is a combination and redraft of §§ 14-1 and 14-27. It is designed to serve as a uniform, general provision for the authority, manner and time of payment of salaries, expenses and other allowances by the State.

2. §§ 14.1-20 and 14.1-21, formerly §§ 14-·6 and 14-7, which provide a special method for the computation of mileage, have been moved from Article 1 to Article 3 of Chapter 1, and limited in application to members of the General Assembly.

3. § 14.1-12, a new section, provides simply: "The Governor and all officers of the Commonwealth shall receive annually for their services such salaries as shall be fixed by law." This one section supersedes the numerous provisions of §§ 14-9 through 14-26 relating to salaries of State officers, some of which provisions are obsolete and most of which are unnecessarily repetitive. However, its primary purpose is to obviate conflicts with the Biennial Appropriation Acts.

4. § 14.1-13 is new. Based on § 14-11, it provides a uniform, basic authority for the staffing of the offices of the Governor, the Attorney General and the State Corporation Commission, as well as the payment of the basic expenses in connection therewith.

5. §§ 14.1-46 and 14.1-46.1 would replace § 14-56.1, relating to annual compensation allowed members of county boards of supervisors. § 14-56.1 names each county and provides compensation limitations therefor. § 14.1-46 provides a single minimum and maximum applicable to the several counties, thus authorizing the board of the individual county to establish such compensation within these limits. § 14.1-46.1 provides for supplemental compensation to supervisors charged with certain additional duties, which provision is presently included in § 14-56.1.

6. § 14.1-48 relates to the composition, appointments, terms of office and compensation of the Compensation Board. This is taken from § 14-60. Although the two members other than the chairman receive no compensation under either § 14-60 or § 14.1-48, the chairman's compensation would be "as shall be fixed by law" under the new section, whereas § 14-60 provides a maximum of $4,500. The current Appropriation Act which was enacted subsequent to and takes precedence over § 14-60, provides a salary of $5,000. The revision of this section is intended to obviate this. and other similar apparent conflicts.

7. §§ 14.1-105 and 14.1-111, formerly §§ 14-116 and 14-122, both of which relate to fees and allowances qf sheriffs, sergeants and criers, have been substantially amended. These changes are based upon the recommendations of the Virginia State Sheriffs' and Sergeants' Association. Particular attention is invited to the fact that the recommended adjustment in fees to more realistically offset the cost of services benefits the State almost exclusively, the Sheriff of the city of Richmond being the only officer still having a personal interest in such fees. The remainder of the officers affected, being upon a salary basis, have no personal interest therein.

There are many other changes which might be included in this brief review, but space does not permit. The attention of interested parties is directed to the attached bill and the explanatory notes following each section, and to Mr. Thompson's Report, which is included herein.

Throughout the Title three types of minor conforming changes have been accomplished without special annotation thereof: first - references to obsolete titles, chapters, articles and sections of the Code of Virginia have been changed to proper current references; second - references to former departments, divisions and bureaus have been deleted and the names of the proper current department, division or bureau substituted therefor; third - obvious typographical errors, etc., have been corrected.

RECOMMENDATION

The Code Commission submits this report, and recommends that the legislature enact the attached bill at its 1964 Session.

Respectfully submitted,

Armistead L. Boothe, Chairman
James M. Thomson, Vice-Chairman
John B. Boatwright, Jr.
W. Moscoe Huntly
Kenneth C. Patty