NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 232

HOUSE BILL 379

 

 

AN ACT TO AMEND CHAPTER 136 OF THE GENERAL STATUTES RELATING TO THE ORGANIZATION OF THE STATE HIGHWAY COMMISSION.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 136‑1 is rewritten to read as follows:

"G.S. 136‑1.  State Highway Commission created. There is hereby created a State Highway Commission, to be composed of a chairman and eighteen members appointed by the Governor from different geographic areas of the State. On July 1, 1961, and every four years thereafter, the Governor shall appoint a chairman and eighteen members to serve for four‑year terms. The chairman or any member appointed pursuant to this Section may be removed from office by the Governor for cause. In case of death, resignation, or removal from office of the chairman or a member prior to the expiration of his term of office, his successor shall be appointed by the Governor to fill out the unexpired term.

"The chairman shall devote his entire time and attention to the work of the commission, and shall be paid a salary fixed by the Governor, subject to the approval of the Advisory Budget Commission. The chairman shall be the executive officer of the commission and shall execute all orders, rules, and regulations established by the commission.

"The commissioners shall each receive while engaged in the discharge of the duties of their office such per diem, subsistence, and necessary travel expenses as is provided by law for members of State boards and commissions generally.

"It is the intent and purpose of this Section that the chairman and the commissioners shall represent the entire State and not represent any particular area; provided, however, that the Governor and the chairman shall, without regard to the boundaries of engineering divisions, divide the State into geographic areas, and assign one or more commissioners to each area to be responsible for relations with the public generally and with individual citizens regarding highway matters. In addition the State Highway Commission shall from time to time provide that one or more of its members or representatives shall publicly hear any person or persons desiring to bring to their attention such highway matters as such person or persons may deem wise, in each of said geographic areas of the State.

"The Commission shall formulate general policies and make such rules and regulations as it may deem necessary, governing the construction, improvement and maintenance of the roads and highways of the State, with due regard to farm‑to‑market roads and school bus routes. It is the intent and purpose of this Section that there shall be maintained and developed a state‑wide system of roads and highways commensurate with the needs of the State as a whole and not to sacrifice the general state-wide interest to the purely local desires of any particular area."

Sec. 2.  G.S. 136‑4 is amended by striking in line 2 the words "chief executive" and substituting in lieu thereof the word "administrative"; by striking in lines 3, 4, 5, 6, and 7 the sentence "The Director of Highways shall be appointed by the State Highway Commission, subject to the approval of the Governor, on July 1, 1957, or as soon as practical thereafter, to serve until July 1, 1962, and his successor shall be appointed by the State Highway Commission, subject to the approval of the Governor, for a four‑year term.", and inserting in lieu thereof the sentence "On July 1, 1961, and every four years thereafter, the State Highway Commission shall appoint, subject to the approval of the Governor, the Director of Highways to serve for a four‑year term."; and by inserting in line 15 after the comma following the words "Personnel Act" and before the word "appoint" the following: "and with the approval of the State Highway Commission,".

Sec. 3.  G.S. 136‑4.1 is amended by striking in lines 2, 3, 4, 5, 6, and 7 the sentence "The Controller shall be appointed by the Director of Highways, subject to the approval of the State Highway Commission and the Governor, on July 1, 1957, or as soon as practicable thereafter, to serve until July 1, 1962, and his successor shall be appointed by the Director, subject to the approval of the State Highway Commission and the Governor, for a four‑year term." and inserting in lieu thereof the sentence "On July 1, 1961, and every four years thereafter, the State Highway Commission shall appoint, subject to the approval of the Governor, the Controller to serve for a four‑year term." G.S. 136‑4.1 is further amended by striking in lines 7, 8, 9, 10, 11, 12, and 13 the sentences "In case of death, resignation, or removal from office of the Controller, his successor shall be appointed by the Director, subject to the approval of the State Highway Commission and the Governor, to fill out the unexpired term. The Controller may be removed from office by the Director, subject to the approval of the State Highway Commission and the Governor, for cause. The Controller shall be paid a salary fixed by the Director, subject to the approval of the Governor and the Advisory Budget Commission." and inserting in lieu thereof the sentences "In case of death, resignation, or removal from office of the Controller, his successor shall be appointed by the State Highway Commission, subject to the approval of the Governor, to serve the unexpired term. Subject to the approval of the Governor, the Controller may be removed from office by the State Highway Commission for cause. The Controller shall be paid a salary fixed by the Governor, subject to the approval of the Advisory Budget Commission."

Sec. 4.  The following is added immediately following G.S. 136‑4.2:

"Sec. 136‑4.3.  Director of secondary roads. There shall be a Director of Secondary Roads who shall be appointed by the State Highway Commission, subject to the approval of the Governor, and he may be removed at any time by the State Highway Commission with the approval of the Governor. The Director of Secondary Roads shall be paid a salary fixed by the Governor, subject to the approval of the Advisory Budget Commission.

"The Director of Secondary Roads shall, in consultation with the commissioner assigned to the geographic area, prepare annual plans for each county providing for maintenance and construction of the secondary roads. In developing the plan, he shall follow the procedures set forth in Section 136‑61."

Sec. 5.  G.S. 136‑61 is rewritten as follows:

"Sec. 136‑61.  Plans for secondary roads. The State Highway Commission shall establish state‑wide standards and criteria for additions to the secondary system and for maintenance and construction of secondary roads. On the basis of these standards and criteria, the Commission shall allocate funds appropriated for secondary road additions, maintenance, and construction to each of the counties, in order that each county shall receive an equitable share of available funds. The State Highway Commission shall establish policies for the preparation of annual plans for maintenance and construction of the secondary roads in each county, which policies shall include provision for consultation in the preparation process with county commissioners and interested citizens, recommendations by county commissioners and interested citizens concerning the plan, reports to persons making recommendations on the disposition of the recommendations, final adoption of the plan, and filing of a copy of the plan with the Board of County Commissioners."

Sec. 6.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 7.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 14th day of April, 1961.