SEC. 10 (as amended 1937, No. 171). Personnel.

(c) Subject to other provisions of this act, the commission is authorized to appoint, fix the salary or wages, and prescribe the duties and powers of such officers, accountants, attorneys and employees as may be necessary in the performance of its duties. The commission may delegate to any such person so appointed such power and authority as it deems reasonable and proper for the effective administration of this act, and may in its discretion bond any person handling moneys or signing checks hereunder. The commission shall classify its positions and shall establish salary schedules and minimum personnel standards for the positions so classified.

SEC. 11. Employment service. The Vermont employment service created by No. 164 of the Acts of 1935 shall be under the direction and control of the Vermont unemployment compensation commission. Sections 2, 3 and 5 of said act are hereby amended so that wherever the words "commissioner of finance" appear the words "Vermont unemployment compensation commission" shall be substituted therefor, and whenever the word "commissioner" appears the word "commission" shall be substituted therefor.

SEC. 12. Employment service account.—

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(b) All moneys heretofore or hereafter made available by or received by the state for the state employment service as provided in No. 164 of the Acts of 1935, except as heretofore expended, shall be paid to and expended from the unemployment compensation administration fund, and a special employment service account shall be maintained for that purpose as a part of said fund. For the purpose of establishing and maintaining free public employment offices, the commission is authorized to enter into agreements with any political subdivision of this state or with any private, nonprofit organization, and as a part of any such agreement the commission may accept moneys, services, or quarters as a contribution to the employment service account.

VIRGINIA

CODE, 1930

CHAPTER 76C.-Free public employment offices

SECTION 1887 (86). Bureau created.—In order to promote the establishment and maintenance of free employment offices for men, women, and minors who are legally qualified, seeking employment, and for employers desiring workers, there is hereby created in the department of labor a free employment bureau. It shall be in charge of the commissioner of labor, who shall appoint an assistant, whose duties shall be to supervise the work of the said bureau and its branch offices, under the direction of the commissioner, and who shall receive an annual salary to be fixed by the commissioner of labor. There shall also be appointed in said bureau by the commissioner of labor such assistants and other employees as are necessary to carry out the provisions of this act.

SEC. 1887 (87). Duty of commissioner of labor.-It shall be the duty of the commissioner of labor, and he shall have the power, jurisdiction, and authority:

(a) To establish and conduct free employment offices in the State, where, in the opinion of the commissioner, such action may be deemed advisable and expedient; to in all proper ways, within the limitations of this act, bring together employers seeking employees and applicants for employment seeking employers; to make known the opportunities for self-employment in the State; to devise and adopt the most efficient means to avoid unemployment; to cooperate with existing State and Federal agencies in extending vocational guidance to minors seeking employment.

(b) To establish and maintain such sections of the employment service as will best serve the public welfare.

SEC. 1887 (88). Information to be public.-Said employment bureau shall make public through the newspapers and other media, information as to situations it may have applicants to fill, and establish relations with employers for the purpose of supplying demands for labor. Said bureau shall collect, collate, and publish statistical and other information relating to the work under its jurisdiction; investigate economical developments and the extent and cause of unemployment, and remedies therefor, within and without the State, with the view of preparing for the information of the general assembly such facts as in its opinion may make further legislation desirable.

SEC. 1887 (89). Federal cooperation.—The commissioner of labor is hereby authorized to enter into agreement with the governing authorities of any municipality, county, township, or school corporation in the State for such period of time as may be deemed desirable for the purpose of establishing and maintaining local free employment offices and for the extension of vocational guidance to minors. The commissioner is likewise authorized, with the advice of the governor, to enter into such cooperative agreement as may be deemed desirable with the United States employment service, or such bureau of the United States department of labor as the Secretary thereof may hereafter designate, or other Federal agency as Congress may hereafter authorize for the purpose of securing financial aid from the United States government for the establishment and maintenance of free employment service and the extension of vocational guidance to minors.

SEC. 1887 (90). Local cooperation.—It shall be lawful for the governing authorities of any municipality, county, township, or school corporation in the State to enter into cooperative agreement with the commissioner of labor, and to appropriate and expend the necessary money to permit the use of public property for the joint establishment and maintenance of such offices as may be mutually agreed upon and which will further the purposes of this act.

SEC. 1887 (91). Appropriations. For the purpose of carrying out the provisions of this act there is hereby appropriated out of the general funds of the State, not otherwise appropriated, the sum of twenty-five hundred dollars per annum. Upon the certificate of the commissioner of labor, the auditor is hereby directed to audit and the treasurer to pay expenses of said free employment service, not exceeding the sum of two thousand five hundred dollars per annum.

SEC. 1887 (92). Farm labor.-Provided that the established agency [shall] be directed to cooperate with the local county agricultural farmer agents and farmers' organizations in ascertaining needs of labor and distribution among farming classes.

ACTS OF 1933 (SPECIAL SESSION)

CHAPTER 13

SECTION 1. Federal act accepted. The provisions of an act, passed by the Congress of the United States and approved by the President on June sixth, nineteen hundred and thirty-three, entitled "an act to provide for the establishment of a national employment system and for co-operation with the states in the promotion of such system, and for other purposes," are hereby accepted by and on behalf of the Commonwealth of Virginia.

SEC. 2. Co-operating agency.—The Department of Labor and Industry, through the free employment bureau of the said department, is hereby designated as the State agency, and vested with all powers necessary, to co-operate with the United States Employment Service in accordance with the terms and conditions expressed in the act referred to in the preceding section.

SECS. 3, 4. Federal funds; appropriation.-[The Treasurer of the State is authorized to receive all grants of money apportioned to the Commonwealth under the above-mentioned act, and all funds so received are specifically appropriated for the purposes for which they are granted. The State appropriated the sum of $1,000 for carrying out the act between Sept. 1, 1933, and June 30, 1934.]

ACTS OF 1936 (SPECIAL SESSION)

CHAPTER 1.-Unemployment compensation law

SECTION 10. Administration.—(a) There is hereby created a commission, to be known as the Unemployment Compensation Commission of Virginia. The commission shall consist of the Commissioner of Labor and two members who shall be appointed by the Governor, subject to confirmation by the General Assembly, if in session when such appointment is made, and if not in session, then at its next succeeding session.

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(c) The commission shall establish two coordinate divisions: the Virginia State Employment Service, created pursuant to section twelve of this act, and the Unemployment Compensation Division. Each division shall be responsible for the discharge of its distinctive functions. Each division shall be a separate administrative unit, with respect to personnel, budget, and duties, except in so far as the commission may find that such separation is impracticable.

SEC. 11. Administration.—(a) It shall be the duty of the commission to administer this act; and it shall have power and authority to adopt, amend, or

rescind such rules and regulations, to employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as it deems necessary or suitable to that end. Such rules and regulations shall be effective upon publication in the manner, not inconsistent with the provisions of this act, which the commission shall prescribe.

(d) Subject to other provisions of this act, the commission is authorized to appoint, fix the compensation, and prescribe the duties and powers of such officers, accountants, experts, and other persons as may be necessary in the performance of its duties. All positions shall be filled by persons selected and appointed on a nonpartisan merit basis. All salaries or remunerations in excess of one thousand dollars per annum shall first be approved by the Governor. The commission may delegate to any such person so appointed such power and authority as it deems reasonable and proper for the effective administration of this act, and may in its discretion require bond, payable to the State, from any person handling moneys or signing checks hereunder.

(1) In the administration of this act, the commission shall cooperate to the fullest extent consistent with the provisions of this act, with the Social Security Board, created by the Social Security Act; shall make such reports, in such form and containing such information as the Social Security Board may from time to time require, and shall comply with such provisions as the Social Security Board may from time to time find necessary to assure the correctness and verification of such reports, and shall comply with the regulations prescribed by the Social Security Board governing the expenditures of such sums as may be allotted and paid to this State under Title III of the Social Security Act for the purpose of assisting in the administration of this act.

Upon request therefor, the commission shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient's rights to further benefits under this act.

SEC. 12. Employment service.-(a) All rights, powers and duties heretofore vested in the Department of Labor and Industry, the free employment bureau of the said department, and in the Commissioner of Labor, with respect to the establishment, maintenance and operation of free employment offices in this State, are hereby transferred to and vested in the commission, which shall possess, exercise and perform the same through a division known as the Virginia State Employment Service. The Commissioner of Labor, as a member of the commission, shall be the chief executive officer of the Virginia State Employment Service and shall have such supervision and control over the same as the commission shall prescribe. The commission through the division shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this act. The provisions of an act passed by the Congress of the United States and approved on June sixth, nineteen hundred and thirty-three, entitled "An act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes," having heretofore been accepted by and on behalf of this State, the commission, through the Virginia State Employment Service, is hereby designated, in lieu of the Department of Labor and Industry through the free employment bureau thereof, as the State agency and vested with all powers necessary, to cooperate with the United States Employment Service in accordance with the terms and conditions expressed in said act of the Congress of the United States herein referred to.

(b) The Treasurer of Virginia is hereby authorized and empowered to receive all grants of money apportioned to this State under the act of the Congress of the United States referred to in the next preceding paragraph of this act. All such funds so received shall be paid into the separate employment service account in the unemployment compensation administration fund, and are hereby specifically appropriated to the commission for the purpose or purposes for which they are granted unto this State. The disposition and control of all unexpended appropriations standing to the credit of the Department of Labor and Industry for the maintenance of public employment service is hereby transferred to and vested in the commission, to be credited by the Comptroller to the said employment service account in the unemployment compensation administration fund.

136553-37-8

SEC. 13. Funds.-(a) There is hereby created in the State treasury, a special fund to be known as the unemployment compensation administration fund. All moneys which are deposited or paid into this fund are hereby appropriated and made available to the commission. All moneys in this fund shall be expended solely for the purpose of defraying the cost of the administration of this act and for no other purpose whatsoever. The fund shall consist of all moneys appropriated by this State, and all moneys received from the United States of America, or any agency thereof, including the Social Security Board and the United States Employment Service, or from any other source, for such purpose.

(b) A special employment service account shall be maintained as a part of the unemployment compensation administration fund for the purpose of maintaining the public employment offices established pursuant to section twelve of this act, and for the purpose of cooperating with the United States Employment Service.

Chapter 162.—Unemployment compensation law

SECTION 10. Administrative organization.-There is hereby created in the Department of Social Security two co-ordinate divisions to be known as (a) the unemployment compensation division, which shall be administered by a full time salaried supervisor, and (b) the Washington State Employment Service Division; each of which shall be under a supervisor who shall be an assistant to the director of the department and shall be appointed by him. Each division shall be responsible to the director for the dispatch of its distinctive functions. Each division shall be a separate administrative unit with respect to personnel, budget and duties, except insofar as the director may find that such separation is impracticable. The director is authorized to appoint, fix the compensation of, and prescribe the duties of the staff of the Washington State Unemployment Compensation Division: Provided, That such appointments shall be made on a non-partisan merit basis, and to appoint, fix the compensation of and prescribe the duties of the staff of the Washington State Employment Service Division in accordance with the provisions of Section 12 of this Act.

(e) Subject to other provisions of this Act, the director is authorized to appoint, fix the compensation, and prescribe the duties and powers of such officers, accountants, experts, and other persons as may be necessary to carry out this Act. The director may delegate to any such person so appointed such power and authority as he deems reasonable and proper for the effective administration of this Act, and may in his discretion bond any person handling moneys or signing checks hereunder.

The director shall classify positions and shall establish salary schedules and minimum personnel standards for the positions so classified. The director shall not appoint or employ any person who is an officer or committee member of any political party organization or who holds or is a candidate for any elective public office.

SEC. 12. Employment service.--(a) The Washington State Employment Service Division is hereby set up in State Department of Social Security as a division thereof, which shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this Act and for the purpose of performing such duties as are within the purview of the Act of Congress entitled "An Act to provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system and for other purposes", approved June 6, 1933, (48 Stat. 113; U. S. C., Title 29, Sec. 49 (c)), as amended. The director shall be charged with the duty to cooperate with any official or agency of the United States having powers or duties under the provisions of the said Act of Congress, as amended and to do and perform all things necessary to secure to this State the benefits of the said Act of Congress, as amended, in the promotion and maintenance of a system of public employment offices. The provisions of the said Act of Congress, as amended, are hereby accepted by this Ŝtate, in conformity with section 4 of said Act, and this State will observe and comply with the requirements thereof.

The State Department of Social Security through the Washington State Employment Service Division is hereby designated and constituted the agency of this State for the purpose of said Act. The director of the State Department of Social Security shall appoint the officers and employees of the Washington State Employment Service Division. Such appointments shall be made in accordance with regulations prescribed by the Director of the United States Employment Service. (b) All moneys received by this State under the said Act of Congress, as amended, shall be paid into the special "employment service account" in the State Treasury, and said moneys are hereby made available to the Washington State Employment Service Division to be expended as provided by this section and by said Act of Congress. For the purpose of establishing and maintaining free public employment offices, the director is authorized to enter into agreements with any political subdivision of this State or with any private, non-profit organization, and as a part of any such agreement the director may accept moneys, services, or quarters as a contribution to the employment service account. SEC. 13. Employment service account.

(b) A special "employment service account" shall be maintained in the State Treasury for the purpose of maintaining the public employment offices established pursuant to section 12 of this Act and for the purposes of cooperating with the United States Employment Service. There is hereby appropriated to the employment service account from any money in the State Treasury not otherwise appropriated the sum of $400,000.00. In addition there shall be paid into such account the moneys designated in section 12 (b) of this Act, and such moneys as are appropriated for the purposes of this account from any moneys received by this State unaer title III of the Social Security Act, as amended.

WEST VIRGINIA

ACTS OF 1936 (SECOND SPECIAL SESSION)

CHAPTER 1.-Unemployment compensation law

ARTICLE 1

SECTION 4. Administration.—There is created a Department of Unemployment Compensation, composed of a division of unemployment compensation and a division of employment service, and such other division or units as the director determines to be necessary.

SEC. 5. Federal-State cooperation.-The department shall cooperate with the Social Security Board of the federal government, similar agencies of the several states, and such other agencies as are concerned with the problem of employment security and public assistance and relief.

SEC. 7. Division of State employment service.-The "State Public Employment Agency" now maintained in the department of labor shall be transferred on January one, one thousand nine hundred thirty-seven, and shall be made the State Employment Service Division of the department of unemployment compensation.

ARTICLE 2

SECTION 1. Director of unemployment compensation.-The department shall be in charge of a director of unemployment compensation. The director shall be appointed by the Governor, by and with the advice and consent of the Senate, for a term of six years and shall hold his office subject to the will and pleasure of the Governor.

SEC. 2. Qualifications.-The director shall be selected with special reference to his training, experience, and capacity.

He shall not be a candidate for or hold any other public office or trust, nor shall he be a member of a political committee. If he becomes a candidate for a public office or becomes a member of a political committee, his office as director shall be immediately vacated. He shall devote his entire time to the duties of his office. SEC. 6 (as amended 1937, ch. 100). Powers of the director.-The director shall be the executive and administrative head of the department and shall have the power and duty to:

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(4) Prescribe the qualifications of, appoint, remove, and fix the compensation of the officers and employees of the department.