NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 716

HOUSE BILL 1194

 

 

AN ACT TO COMPLETE THE REORGANIZATION OF THE DEPARTMENT OF TRANSPORTATION.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 143B of the General Statutes is hereby amended by adding a new Article to be numbered Article 8 and captioned "Department of Transportation" and to read as follows:

"PART 1.

"General Provisions.

"§ 143B-342.  Department of transportation - creation. — There is hereby created and established a department to be known as the 'Department of Transportation' with the organization, powers, and duties defined in Article 1 of Chapter 143B, except as modified in this Article.

"§ 143B-343.  Duties of the department. — It shall be the duty of the department to provide the necessary planning, construction, and maintenance of an integrated statewide transportation system for the economical and safe transportation of people and goods, as provided by existing law or future enactments of the law and appropriations made therefor. The department shall also provide the functions of maintaining an accurate register of transportation vehicles and enforcing the laws of this State relating to transportation safety.

"§ 143B-344.  Functions of the Department of Transportation. — The functions of the Department of Transportation shall comprise all functions of the executive branch of the State as provided by law in relation to transportation, except those functions delegated to the Utilities Commission. The functions shall include, those functions assigned to (1) the Board of Transportation, (2) the Division of Motor Vehicles, (3) the Governor's Highway Safety Program, (4) North Carolina Traffic Safety Authority, (5) the Boards of Commissioners of Navigation and Pilotage as provided for by Chapter 76 of the General Statutes, (6) the State Ports Authority, (7) the Vehicle Equipment Safety Compact, and it shall include mass transportation functions necessary to comply with federal aid requirements, the aviation functions as provided by Article 1B of Chapter 113 and any other transportation function provided by law.

"§ 143B-345.  Head of the department. — The Secretary of Transportation shall be the head of the department.

"§ 143B-346.  Organization of the department. The Department of Transportation shall be organized initially to include the Board of Transportation, the North Carolina State Ports Authority, the Boards of Commissioners for Navigation and Pilotage provided for by Chapter 76 of the General Statutes, the Secondary Roads Council, the Aeronautics Council, the Division of Highways, the Division of Motor Vehicles, the Division of Transportation Safety, the Division of Aeronautics, the North Carolina Traffic Safety Authority and such other divisions as may be established pursuant to law.

"PART 2.

"Board of Transportation - Secondary Roads Council.

"§ 143B-347.  Board of Transportation. — (a) There is hereby created a Board of Transportation. The Board of Transportation shall formulate policies for the carrying out of highway functions assigned to the Department of Transportation and it shall supervise the carrying out of these functions and perform such other duties as required by law. Notwithstanding any provision of this Chapter to the contrary, the Board of Transportation shall have complete and exclusive authority in all highway matters assigned to the Department of Transportation. The Board of Transportation shall have the authority in organizing the sections, divisions, or other organizational structure of the Department of Transportation involved in the carrying out of highway functions and, subject to the State Personnel Act, shall have complete authority over hiring, promotions, and dismissals of personnel in the Department of Transportation paid from the Highway Fund. The Board of Transportation may, in its discretion, delegate the award of contracts, the promulgation of ordinances, and management functions to the secretary, who in turn may subdelegate these functions. The Board of Transportation may in its discretion assign and delegate personnel functions in a manner which in its opinion will achieve maximum efficiency in carrying out highway functions.

(b)        The Board of Transportation shall consist of the following:

(1)        The Chairman. The Secretary of Transportation shall be an ex officio member of the Board of Transportation and shall be the chairman of the Board of Transportation.

(2)        The Board of Transportation shall have nine members appointed by the Governor. The initial Board members shall be appointed for a term to begin July 1, 1973, and shall serve until January 15, 1977, or until their successors are appointed and qualify. The succeeding terms of office shall be for a period of four years beginning January 15, 1977, and each four years thereafter. The Governor shall have the authority to remove for cause sufficient to himself, any member appointed by him, and the Governor shall make public the reason for such removal.

(3)        The Board of Transportation shall have three members appointed from the membership of the General Assembly, in addition to those members appointed by the Governor. One member shall be appointed by the Lieutenant Governor, one shall be appointed by the Speaker of the House of Representatives, and one shall be appointed by the Joint Caucus Leader of the Minority Party. The term of the initial board members appointed from the membership of the General Assembly shall begin July 1, 1973, and they shall serve until January 15, 1975, or until a successor is duly appointed and qualifies. The succeeding terms shall be for two years beginning January 15, 1975, and each two years thereafter. Vacancies in office shall be filled by the same official making the initial appointment to that office.

(4)        The headquarters and main office of the Board of Transportation shall be located in Raleigh, and the Board shall meet once in each 60 days at such regular meeting time as the Board by rule may provide and at any place within the State as the Board may provide, and may hold special meetings at any time at the call of the chairman, or any three members of the Board. The Board shall have the power to adopt and enforce rules and regulations for the government of its meetings and proceedings, and for the transactions of all business of the Board. The Board shall keep minutes of its meetings, which shall at all times be open to public inspection. A majority of the Board shall constitute a quorum for the transaction of business. The members of the Board shall receive per diem and necessary travel and subsistence expense in accordance with G.S. 138-5.

(c)        The Board of Transportation shall exercise all of its prescribed statutory powers independently of the direction, supervision, and control of the Secretary of Transportation, except as provided in this Article. The Board of Transportation and the Division of Highways shall be responsible for reporting to the Governor through the secretary. Except for reporting, the secretary shall have only such other duties and authority as it relates to the highway functions of the Department of Transportation, as is provided for by G. S. 143B-347. Any other provisions of Chapter 143B of the General Statutes notwithstanding, the State Highway Administrator shall be appointed as provided by G.S. 136-4. To the end that the independence of the Board of Transportation be preserved, Article 1 of Chapter 143B shall not be construed as amending or repealing any inconsistent provisions of Article 8 of this Chapter.

"§ 143B-348.  Succession of powers and duties of State Highway - Commission. — The Board of Transportation shall succeed to all rights, powers, and duties heretofore vested in the State Highway Commission.

"§ 143B-349.  Secondary Roads Council. — There is hereby created a Secondary Roads Council. The Secondary Roads Council of the Department of Transportation shall consist of 14 members appointed by the Governor who shall serve at the pleasure of the Governor. No two council members appointed by the Governor while serving shall reside in any one of the 14 engineering divisions as now established by G.S. 136-14.1. The Governor shall designate a member of the council to serve as chairman at the pleasure of the Governor. Members of the council shall receive per diem and necessary travel and subsistence expense in accordance with the provisions of G.S. 138-5. A majority of the members of the council shall constitute a quorum for the transaction of business. The council shall meet at least once in each three months at such regular meeting times and places as the council may provide, or as the Board of Transportation may otherwise provide. Notwithstanding any other provisions of this act, the provisions of the Executive Organization Act of 1973 or any other statute, the Secondary Roads Council shall have the duty of adopting work programs for secondary roads in each county. The Secondary Roads Council shall have the duties assigned it by this section and by the provisions of Chapter 136 of the General Statutes, independently of the head of the department. Each board of county commissioners shall be consulted in preparing the annual work programs and in case of any disagreement, the board of county commissioners may petition the Board of Transportation for a review. The Board shall make a determination which shall be final.

In all other cases, work or action as adopted by the Secondary Roads Council shall proceed as planned, provided that any action taken by the Secondary Roads Council is subject to review by the Board of Transportation. Any action taken by the council may be overruled by a majority of the Board. The annual work programs and projects adopted shall be followed by the Department of Transportation.

"PART 3.

"North Carolina State Ports Authority Transfer.

"§ 143B-350.  State Ports Authority. — The North Carolina State Ports Authority, as contained in Article 22 of Chapter 143 of the General Statutes in the laws of this State is hereby transferred to the Department of Transportation. The Authority shall report its activities through the Secretary to the Governor. Any other provisions of this Chapter to the contrary notwithstanding, the Executive Director of the North Carolina State Ports Authority shall be appointed by the Authority upon recommendation of the Secretary of Transportation, with the approval of the Governor. The Executive Director shall have the duty and the authority of operating and managing the ports in accordance with the directions and policies of the Authority.

Notwithstanding any provision of this Chapter or any other statute to the contrary, the North Carolina State Ports Authority shall exercise all its prescribed statutory powers independently of the direction, supervision, and control of the Secretary of Transportation. To the end that the independence of the North Carolina State Ports Authority be preserved, no provision of this Chapter shall be construed as amending or repealing the provisions of this section.

"PART 4.

"Navigation and Pilotage Commissions.

"§ 143B-351.  Navigation and Pilotage Commissions. — The Board of Commissioners of Navigation and Pilotage for the Cape Fear River as provided for by G.S. 76-1, and the Board of Commissioners of Navigation and Pilotage for Old Topsail Inlet and Beaufort Bar as provided for by G.S. 76-59 are hereby transferred to the Department of Transportation. All powers, duties and authority of the Board of Commissioners of Navigation and Pilotage for the Cape Fear River and Bar and the Board of Commissioners of Navigation and Pilotage for Old Topsail Inlet and Beaufort Bar, as provided for in Chapter 76 of the General Statutes, shall continue to vest in the Boards, as now provided by statute, independently of the direction, supervision, and control of the Secretary of Transportation. The commissions shall report their activity to the Governor through the Secretary of Transportation. The appointment to the Boards shall continue to be made in the manner as provided by Chapter 76 of the General Statutes.

"PART 5.

"Division of Aeronautics - Aeronautics Council.

"§ 143B-352.  Division of Aeronautics. — There is hereby created the Division of Aeronautics of the Department of Transportation. The Division of Aeronautics shall carry out the duties assigned to the Department of Transportation by Article IB of Chapter 113 of the General Statutes.

"§ 143B-353.  Aeronautics Council; creation, powers, and duties. — There is hereby created the Aeronautics Council of the Department of Transportation. The Aeronautics Council shall advise the secretary of the department in the issuance of loans and grants to the cities, counties, and public airport authorities of North Carolina for the purposes of planning, acquiring, constructing, or improving municipal, county, or public authority airport facilities and upon any matter relating to airports which the secretary may refer to it. The Secretary shall report the activities of the Council to the Governor.

"§ 143B-354.  Aeronautics Council; members, selection, quorum, compensation. — The Aeronautics Council of the Department of Transportation shall consist of 11 members appointed by the Governor, who, in making such appointments, shall designate one person from each of the congressional districts of the State. At least four of the appointed members shall possess a broad knowledge of aviation and airport development.

Five of the initial members of the council shall be the five members of the Governor's Aviation Committee whose terms expire on June 30, 1977, who shall serve on the council until June 30, 1977. Thereafter, their successors shall be appointed for a term of office of four years. Six members of the council shall be appointed for a term of four years beginning July 1, 1975. Thereafter, after the expiration of their respective terms of office, the successors shall be appointed for terms of four years. Any appointment to fill a vacancy on the council created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.

The Governor shall have the power to remove any member of the council from office in accordance with the provisions of G.S. 143B-16.

The Governor shall designate a member of the council to serve as chairman at his pleasure.

Members of the council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.

A majority of the council shall constitute a quorum for the transaction of business.

All clerical and other services required by the council shall be supplied by the Secretary of Transportation.

"PART 6.

"Directors, North Carolina Railroad and Atlantic Railroad.

"§ 143B-355.  North Carolina Railroad and Atlantic and North Carolina Railroad. — The Department of Transportation shall make a study of the status of the North Carolina Railroad Company and the Atlantic and North Carolina Railroad Company, and the State's interest in them including ownership of stock of the railroads by the State. The Department of Transportation shall report to the transportation committees of the House and Senate of the next General Assembly. The report shall include the State's investment in the railroads, the State's interest in the railroads, a history of the financial transactions between the State and the railroads involving loans or credit of the State, and how the State's interest as a shareholder is exercised. The report shall include recommendations for continued State ownership of the stock in the railroads, continuance of the present lease arrangements of the railroads and alternatives at the expiration of the leases, and it shall include recommendations for a method of exercising the State's interest as a shareholder in the railroads and monitoring the activities of the said railroads.

"PART 7.

"North Carolina Traffic Safety Authority.

"§ 143B-356.  North Carolina Traffic Safety Authority. — The North Carolina Traffic Safety Authority as provided for by Article 44 of Chapter 143 is hereby transferred to the Department of Transportation. The Authority shall exercise the duties as provided in the statute without supervision or control of the Secretary of Transportation except as provided in the Article. The Authority shall report to the Governor through the Secretary of Transportation.

"PART 8.

"Highway Safety Program.

"§ 143B-357.  The Department of Transportation is hereby empowered to contract in behalf of the State with the government of the United States to the extent allowed by the laws of North Carolina for the purpose of securing the benefits available to this State under the Federal Highway Safety Act of 1966. To that end, the Secretary of Transportation shall coordinate, with the Governor's approval, the activities of any and all departments and agencies of the State and its subdivisions relating thereto."

Sec. 2.  State Ports Authority ‑ conforming changes.

(a)        G.S. 143-216 is rewritten to read as follows:

"§ 143-216.  The North Carolina State Ports Authority is hereby created. It shall be governed by a Board of nine members. Members of the General Assembly shall be eligible for appointment to the membership on the Board. The General Assembly suggests and recommends that no person shall be appointed to the Board who is domiciled in the district of the North Carolina House of Representatives or the North Carolina Senate in which the ports at Wilmington and Morehead City are located.

The Governor shall appoint seven members to the Board, the Lieutenant Governor shall appoint one member and the Speaker of the House of Representatives shall appoint one member.

The initial appointments by the Governor shall be made on or after July 1, 1975, for terms as follows: One term for two years from July 1, 1975; three terms for four years from July 1, 1975, the appointees who shall be the three members of the present Board of the State Ports Authority whose terms expire June 30, 1979; and three terms for two years from July 1, 1975, two of which succeeding terms shall be for four years, the appointees who shall be the three members of the present Board of the State Ports Authority whose terms expire June 30, 1977. Thereafter, at the expiration of each stipulated term of office, all appointments made by the Governor shall be for a term of office of six years. The members of the Board appointed by the Governor shall be selected from the State at large and insofar as practicable, to represent each section of the State in all of the business, agriculture, and industrial interests of the State. Any vacancy occurring in the membership of the Board appointed by the Governor shall be filled by the Governor for the unexpired term. The Governor shall have the authority to remove for cause sufficient to himself, any member appointed by the Governor.

The Speaker of the House of Representatives shall appoint one member to the Board from the current membership of the North Carolina House of Representatives for a term of two years. The initial term of office of two years shall begin July 1, 1975, and an appointment shall be made by the Speaker of the House for a term of office each two years thereafter. Any vacancy on the Board by reason of the resignation, or for any other reason, of the member appointed by the Speaker, shall be filled by the Speaker.

The Lieutenant Governor shall appoint one member to the Board from the current membership of the North Carolina Senate for a term of two years. The initial term of office of two years shall begin July 1, 1975, and an appointment shall be made by the Lieutenant Governor for a term of office each two years thereafter. Any vacancy on the Board by reason of the resignation, or for any other reason, of the Board member appointed by the Lieutenant Governor shall be filled by the Lieutenant Governor.

The Secretary of Transportation shall serve as an ex officio nonvoting member of the Board of the North Carolina State Ports Authority.

The Board shall elect one of its members as chairman, one as vice-chairman and the executive director shall serve as secretary to the Board. The Board shall appoint a Treasurer. The Board shall meet once in each 60 days at such regular meeting time as the Board by rule may provide and at any place within the State as the Board may provide, and shall also meet upon the call of its chairman or a majority of its members. A majority of its members shall constitute a quorum for the transaction of business. The members of the Board shall not be entitled to compensation for their services, but they shall receive per diem and necessary travel and subsistence expense in accordance with G.S. 138-5."

(b)        G.S. 143-219(a) is amended by inserting between the word "authorized" and the word "at" on line 6 thereof the words and punctuation, ", with the approval of the Advisory Budget Commission,".

(c)        Article 22 of Chapter 143 of the General Statutes is amended by adding the following language to G.S. 143-218(9): "Provided however at no time may the total outstanding indebtedness of the Authority, excluding bond indebtedness, exceed a total of five hundred thousand dollars ($500,000) without approval of the Advisory Budget Commission."

Sec. 3.  Division of Aeronautics ‑ conforming changes.

(a)        G.S. 113-28.5 is rewritten to read as follows:

"§ 113-28.5.  (a) The Department of Transportation is hereby authorized, subject to the limitations and conditions of this Article, to provide State aid in form of loans and grants to cities, counties, and public airport authorities of North Carolina for the purpose of planning, acquiring, constructing, or improving municipal, county, and other publicly owned airport facilities, and to authorize related programs of aviation safety, education, promotion, and long- range planning.

(b)        'Airport' for the purposes of this Article is defined as any plot of land or water set aside and designated as a place where air craft may land and take off."

(b)        G.S. 113-28.6 is rewritten to read as follows:

"§ 113-28.6.  The Department of Transportation shall carry out the provisions of this Article. In exercising such power, the department shall:

1.         Promote the further development and improvement of air routes, airport facilities, sea plane bases, heliports, protect their approaches and stimulate the development of aviation, commerce and air facilities. In exercising this power, the department shall prepare and develop goals, objectives, standards and policies for the most efficient and economical expenditure of State funds as may be appropriated for the purposes of this Article.

2.         Publish and make available to aviation interests, the Federal Aviation Administration, and the people of the State generally, current information regarding such criteria, standards, and policies.

3.         Prepare and keep current a State airport plan and submit annual revisions of that plan to the Federal Aviation Administration.

4.         Make a detailed and thorough study of all applications for State assistance authorized herein and make specific recommendations regarding applications to the Federal Aviation Administration for federal grants.

5.         Develop a plan of priorities and allocations of State funds to be revised annually.

6.         Represent the State before all federal agencies and elsewhere where the aviation interests of the State may be affected.

7.         Subject to the availability of funds for the purpose, conduct such promotional, educational and other programs as may be necessary to keep the people of the State properly informed with respect to aviation and to further aeronautics generally throughout the State.

In exercising the powers and performing the duties herein provided for by this section, the Department of Transportation shall consult with and seek the advice of the aeronautics council."

(c)        Whenever the words "Department of Natural and Economic Resources" or the words "State Department of Natural and Economic Resources" are used in the provisions of G.S. 113-28.9 and G.S. 113-28.10, the same shall be deleted and the words "Department of Transportation" shall be inserted in lieu thereof.

(d)        G.S. 113-28.11 is hereby amended to read as follows:

"§ 113-28.11.  Receipt of federal grants. — (a) The Department of Transportation is hereby designated the State agency to accept grants for public airport development and improvements made by the United States pursuant to federal law. The Department shall have authority to comply with federal-aid provisions, to obtain and to disburse said grants in accordance with applicable federal laws and regulations, and to enter into contracts with the federal government, municipalities, counties, or airport authorities in connection with said grants.

(b)        The Department of Transportation shall have authority to act as an agent of any public agency which, either individually or jointly with one or more other public agencies, submits to the Secretary of Transportation of the United States an application for federal aid in connection with airport development, improvement, or planning.

(c)        The words 'Department of Transportation and Highway Safety' as appear in G.S. 113-28.8 are hereby amended to read 'Department of Transportation'."

(e)        G.S. 113-28.12 is rewritten as follows:

"§ 113-28.12.  The department is authorized to operate State-owned or leased airports or any airport for which the State has obtained a special use permit to operate. The Department may expend funds appropriated for grants to airports for the purpose of operating, maintaining, and improving State-owned or leased airports, or any airport for which the State has obtained a special use permit to operate and maintain."

Sec. 4.  Navigation and Pilotage Commissions; conforming changes, (a) G.S. 76-59 is hereby amended by inserting immediately preceding the period at the end of the last sentence the words "including Beaufort Harbor".

(b)        The provisions of G.S. 76-25 through G.S. 76-39 are hereby repealed.

Sec. 5.  Department of Transportation; Division of Motor Vehicles, (a) The provisions of G.S. 20-1, G.S. 20-2 and G.S. 20-3 of Article 1 of Chapter 20 of the General Statutes are hereby rewritten to read as follows:

"ARTICLE 1.

"Division Of Motor Vehicles.

"§ 20-1.  Division of Motor Vehicles Department of Transportation; powers and duties. — The Department of Motor Vehicles is hereby redesignated the Division of Motor Vehicles of the Department of Transportation. The Division of Motor Vehicles shall have the same powers and duties as were held by the Department of Motor Vehicles except as otherwise provided in this Article. All powers, duties and functions relating to the collection of motor fuel taxes and the collection of the gasoline and oil inspection taxes, shall continue to be vested in and exercised by the Secretary of Revenue, and wherever it is now provided by law that reports shall be filed with the Secretary of Revenue, or Department of Revenue, as a basis for collecting the motor fuel or gasoline and oil inspection taxes, or enforcing any of the laws regarding the motor fuel or gasoline and oil inspection taxes, such reports shall continue to be made to the Department of Revenue and the Commissioner of Motor Vehicles shall make available to the Secretary of Revenue all information from files of the Division of Motor Vehicles which the Secretary of Revenue may request to enable him to better enforce the law with respect to the collection of such taxes. Nothing in this Article shall deprive the Utilities Commission of any of the duties or powers now vested in it with regard to the regulation of motor vehicle carriers.

"§ 20-2.  Commissioner of Motor Vehicles. — The Division of Motor Vehicles shall be administered by the Commissioner of Motor Vehicles who shall be appointed by and serve at the pleasure of the Secretary of the Department of Transportation. The Commissioner shall be paid an annual salary to be fixed by the Governor, with the approval of the Advisory Budget Commission and allowed his traveling expenses as allowed by law.

In any action proceeding, or matter of any kind, to which the Commissioner of Motor Vehicles is a party or in which he may have an interest, all pleadings, legal notices, proof of claim, warrants for collection, certificates of tax liability, executions, and other legal documents, may be signed and verified on behalf of the Commissioner of Motor Vehicles by the Assistant Commissioner of Motor Vehicles or by any director or assistant director of any section of the Division of Motor Vehicles or by any other agent or employee of the Division so authorized by the Commissioner of Motor Vehicles.

"§ 20-3.  Organization of Division. — The Commissioner, subject to the approval of the Secretary of the Department of Transportation, shall organize and administer the Division in such manner as he may deem necessary to conduct the work of the Division."

(b)        Division of Motor Vehicles conforming changes. Whenever the words "Department of Motor Vehicles" or "Department of Motor Vehicles of North Carolina" or "North Carolina Department of Motor Vehicles" or "Department" when referring to the Department of Motor Vehicles of North Carolina are used or appear in any statute or law of this State, the same shall be deleted and the words "Division of Motor Vehicles" or "Division of Motor Vehicles of North Carolina" or "North Carolina Division of Motor Vehicles" or "Division" as appropriate shall be inserted in lieu thereof unless otherwise provided herein.

(c)        In addition to the foregoing, the following amendments to the General Statutes of North Carolina are hereby made:

(1)        G.S. 20-183.16 shall be rewritten to read: "The Commissioner of this State on the Vehicle Equipment Safety Commission shall be the Secretary of Transportation or such other officer of the Department of Transportation as the Secretary may designate."

(2)        G.S. 143B-2 is hereby amended by adding the following subsection: "7. Department of Transportation."

(3)        G.S. 143B-6 is hereby amended by adding the following subsection: "7. Department of Transportation."

(4)        G.S. 150A-1(a) as appears in the 1974 Supplement to Volume 3C of the General Statutes is amended by striking the words "Department of Motor Vehicles" as appears in the last sentence thereof, and inserting in lieu thereof the following: "Department of Transportation in rule making or administrative hearings as provided for by Chapter 20 of the North Carolina General Statutes."

(5)        The words "Driver License Division of the Department of Motor Vehicles" shall be deleted and the words "Driver License Section of the Division of Motor Vehicles" shall be inserted in lieu thereof in paragraph 2, line 10 of G.S. 20-24(a), as well as wherever else the words appear.

(d)        The following sections of the General Statutes of North Carolina are hereby repealed: G.S. 20-81.3(d), and G.S. 143A-97 through G.S. 143A-108."

Sec. 6.  North Carolina Traffic Authority - conforming changes. G.S. 143-392 is hereby amended by striking the following words from lines 3 and 4: "The Governor, who shall be Chairman", and by adding a new sentence to G.S. 143-392 after the last sentence to read as follows: "The Chairman of the Authority shall be the Secretary of Transportation."

Sec. 7.  Whenever the words "Department of Transportation and Highway Safety" appear in any statute, the same is hereby amended to read "Department of Transportation".

Sec. 8.  This act shall become effective on July 1, 1975.

In the General Assembly read three times and ratified, this the 23rd day of June, 1975.