Bill to be entitled an act to reorganize and consolidate the several departments N.C, General assembly, 1923 ®l]p Htbraru Of tff? Hntoprmty of North (Earoltna (fuUerttntt nf North (Barnlimatta (This bonk tnaa prmntrh fttt T?.»3.'W. l! Cc, M .^or' C^353 >T8? Ox hf^ 00 to Ox hl-^ co to 03 to 9 Sec. 20. Eacli department is empowered to employ, subject to laws in force at the time employment is made, necessary employees, and, if the rate of compensation is not otherwise provided for, or fixed by law, to fix such compensation. Sec. 21. All employees in the several departments shall ren¬ der not less than seven hours of labor each day, Saturday after¬ noons, Sundays, and legal holidays excepted: Provided, such excep¬ tions, in the judgment of the department head, do not impair the public service. Sec. 22. Each employee in the several departments shall be entitled during the calendar year to thirty days leave of absence with full pay, which leave shall include the vacation period, and absence on account of illness or for other than official business. In special and meritorious cases where to limit the annual leave with full pay to thirty days in any one calendar year would work pecu¬ liar hardship, it may, in the discretion of the Council of State, he extended not to exceed a total of more than three months. Sec. 23. Salaries of State employees shall be paid in monthly installments. Sec. 24. Ho employee in the several departments, employed at a fixed compensation, shall be paid for any extra services unless expressly authorized by law. Sec. 25. Every officer and employee employed on a full-time basis at the time this act takes effect shall be assigned to a position in the proper department mentioned in section 3 of this act, having, so far as possible, duties equivalent to his former office or employ¬ ment, but this section shall not be construed to require the reten¬ tion of more employees than are necessary to the proper perform¬ ance of the functions of the departments. Sec. 26. Each department head, except the Governor, shall annually, on or before the first day of December, and at such othei times as the Governor may require, report in writing to the Gov¬ ernor concerning the condition, management and financial transac¬ tions of his respective department. The departments shall make 6 annual reports and biennial reports to the Governor at the time 7 prescribed in this section, and at no other time. Sec. 27. The heads of departments shall devise a practical and 2 working basis for co-operation and co-ordination of work, eliminat- 3 ing duplication and overlapping of functions. They shall, so far 4 as practicable, co-operate with each other in the employment of 5 services and the use of quarters and equipment. The head of any 6 department may empower or require an employee of anothei d( - 7 8 9 2 3 4 5 2 3 4 5 6 7 8 9 10 11 12 13 14 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2 10 partment, subject to the consent of the superior officer of the employee, to perform any duty which he might require of his own subordinates. Sec. 28. The heads of the departments other than the Depart¬ ment of Administration shall constitute the Governor’s cabinet, and they shall meet and advise with the Governor not less frequently than once each month : Provided, that the powers and duties of the Council of State shall not be abridged thereby. Sec. 29. The gross amount of money received by every depart¬ ment, from whatever source, belonging to or for the use of the State, shall be paid into the State Treasury currently and in no instance later than the third day of the calendar month next fol¬ lowing, without any deduction on account of salaries, fees, costs, charges, expenses or claim of any description whatever; such re¬ ceipts shall be deposited solely and directly with the State Treas¬ urer and shall be accompanied by an itemized statement showing from what sources and under what statutes such receipts have been collected, and a copy of said statement shall at the same time be filed in the Department of Audit and Control. Ah money belong¬ ing to, or for the use of, the State shall be expended or applied by any department except in consequence of an appropriation made by law and upon the warrant of the State Auditor. Sec. 30. In the construction of buildings for the several depart¬ ments and all State institutions, or in doing other construction work in or about buildings and grounds, exceeding the estimated value of one thousand dollars, contracts therefor shall be let to the lowest responsible bidder. Supplies and equipment for the several de¬ partments, the State charitable, penal and reformatory institutions and State normal schools, except in cases of emergency and in the case of perishable goods, shall be purchased in large quantities, and contracts therefor shall be let to the lowest responsible bidder. Advertisements for bids for doing such construction work, or fur¬ nishing such supplies, shall be published for at least three days, the first and last of which publications shall be at least ten days apart, in one or more newspapers of general circulation published in each of the seven largest cities of the State, determined by the then last preceding Federal census. The proposals shall be publicly opened on the day and hour and at the place mentioned in the advertisement, and any and all bids may be rejected, and when rejected a re-advertisement shall be made in the manner above described. Sec. 31. All supplies of fuel purchased for the departments and institutions shall be let by contract to the lowest responsible 11 3 bidder. Advertisements for bids shall be published in the manner 4 prescribed in section 30. The officer authorized by law to make o contracts for fuel shall prescribe rules and regulations to be ob- 6 served in the preparation, submission and opening of bids. All 7 contracts for fuel shall be made subject to the approval of the 8 Governor. Sec. 32. Whenever in this act power is vested in a department 2 to inspect, examine, secure data and information, or to procure 3 assistance from another department, a duty is hereby imposed upon 4 the department upon which demand is made to make such power 5 effective. Sec. 33. Whenever rights, powers and duties, which have here- 2 tofore been vested or exercised by any officer, board, commission, 3 institution or department, or any deputy, inspector or subordinate 4 officer thereof, are, by this act, transferred, either in whole or in 5 part, to or vested in any department mentioned in section 3 of this 6 act, such rights, powers and duties shall be vested in, and shall be 7 exercised by, the department to which the same are hereby trans- 8 ferred, and not otherwise, and every act done in the exercise of 9 such rights, powers and duties shall have the same legal effect as 10 if done by the former officer, board, commission, institution or 11 department,-or any deputy, inspector or subordinate officer thereof. 12 Every person and corporation shall be subject to the same obliga- 13 tions and duties and shall have the same rights arising from the 14 exercise of such rights, powers and duties as if such rights, powers 15 and duties were exercised by the officer, board, commission, depart- 16 ment or institution, or deputy, inspector or subordinate thereof, 17 designated in the respective laws which are to be administered by 18 departments mentioned in section 3 of this act. Every person and 19 corporation shall be subject to the same penalty or penalties, civil 20 or criminal, for failure to perform any such obligation or duty, or 21 for doing a prohibited act, as if such obligation or duty arose from, 22 or such act were prohibited in the exercise of such right, power or 23 duty by the officer, board, commission or institution, or deputy, 24 inspector or subordinate thereof, designated in the respective lavs 25 which are to be administered by the departments mentioned m 26 section 3 of this act. Every officer and employee shall, for any 27 offense, be subject to the same penalty or penalties, civil or crimi- 28 nal, as are prescribed by existing law tor the same offense bv any 29 officer or employee whose powers or duties devolve upon him under 30 this act. All books, records, papers, documents, property, real and 31 personal, unexpended appropriations or revenues, and pending 32 business in any way pertaining to the rights, powers and duties so 33 34 35 2 o O 4 5 6 7 8 9 10 2 3 4 5 6 7 2 3 4 5 6 hr i 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 12 transferred to or vested in a department mentioned in section 3 of tliis act, shall he delivered and transferred to the department suc¬ ceeding to such rights, powers and duties. Sec. 34. Wherever reports or notices are hoav required to be made or given, or papers or documents furnished or served by any person to or upon any officer, hoard, commission, or institution, or deputy, inspector or subordinate thereof, abolished by this act, the same shall be made, given, furnished, or served in the same manner to or upon the department upon which are devolved by this act the rights, powers and duties now exercised or discharged by such offi¬ cer, board, commission, or institution, or deputy, inspector or sub¬ ordinate thereof; and every penalty for failure so to do shall con¬ tinue in effect. Sec. 35. This act shall not affect any act done, ratified or con¬ firmed, or any right accrued or established, or any action or pro¬ ceeding had or commenced in a civil or criminal cause before tliis act takes effect; but such actions or proceedings may be prosecuted and continued by the department having jurisdiction under this act of the subject-matter to which such litigation or proceeding pertains. Sec. 36. The following offices, boards, commissions, arms and agencies of the State government heretofore created by law are hereby abolished, viz.: Printing Commission, State Board of Pen¬ sions, Board of Internal Improvements, Board of Public Buildings and Grounds, Budget Commission, Municipal Board of Control, State Board of Elections, Board of State Canvassers, State Board of Equalization, College Commission for Regulating Degrees, Text- Book Commission, State Committee on High School Text-Books, State Board of Accountancy, State Board of Architectural Ex¬ amination and Registration, Board of Chiropody (podiatry) Ex¬ aminers, State Board of Chiropractic Examiners, North Carolina State Board of Dental Examiners, State Board of Embalmers, State Board of Registration for Engineers and Land Surveyors, Board of Medical Examiners of the State of North Carolina, North Carolina State Board of Examiners in Optometry, State Board of Osteopathic Examination and Registration, Board of Pharmacy, Board of Examiners of Trained Nurses of North Carolina, North Carolina Board of Veterinary Medical Examiners, Trustees of the Law Library, Trustees of the State Library, Library Commission of North Carolina, North Carolina Appomattox Commission, Leg¬ islative Revision Commission, Crop Pest Commission, State Stand¬ ard Keeper, Board of Trustees of the North Carolina Orthopaedic Hospital, Quarantine Board at Cape Fear quarantine station, 24 25 26 27 28 29 30 2 Q 6 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 13 Fisheries’ Commission Board, Fisli Commissioner, assistant fish commissioners, Geological Board, State Geologist, State Forester, Board of Commissioners of Navigation and Pilotage, Property and Disbursing Officer for the United States, Property and Disbursing Officer for North Carolina, Soldier Settlement Board, Child IVel- fare Commission, and the Board of Directors of the State Hospital for the Dangerous Insane. THE DEPABTMENT OF ADMINISTRATION Sec. 37. The Department of Administration shall have power and it shall be its duty: 1. To exercise the rights, powers and duties vested by law in the Printing Commission; 2. To exercise the rights, powers and duties vested by law in the Commissioner of Labor and Printing and Assistant Commissioner of Labor and Printing pertaining to the supervision of State print¬ ing and administering of the public printing law; 3. To exercise the rights, powers and duties vested by law in the Board of Public Buildings and Grounds; 4. To exercise the rights, powers and duties vested by law in State Board of Pensions; 5. To exercise the rights, powers and duties vested by law in the Budget Commission; 6. To exercise the rights, powers and duties vested by law in the Board of Internal Improvements; 7. To exercise the rights, powers and duties vested by law m the North Carolina Appomattox Commission; 8. To exercise the rights, powers and duties vested by law in the Council of State pertaining to the fixing or adjustment of the com¬ pensation and to the employment of State employees, 9. To purchase and supply all fuel for the several departments and institutions; 10. To purchase and supply light, water and other like office and building services for the several departments; 11. To procure and supply all furniture, general office equip¬ ment and general office supplies needed by the several department-, the State charitable, penal and reformatory institutions and State lormal schools; 12. To procure and supply all clothing, instruments and appa¬ ratus, subsistence and provisions for the several State chaiitabh, -jenal and reformatory institutions and State normal schools; 13. To procure and supply all cots, beds, bedding, general room md cell equipment, table, kitchen and laundry equipment, agncul- tural implements, harness, stable and garage supplies, household supplies, periodicals, machinery and tools, medicines and medical supplies, plumbing, light and engine supplies, wagons and other vehicles and workshop supplies needed by the several State chari¬ table, penal and reformatory institutions and State normal schools; 14. To purchase and supply all necessary tools, machinery, sup¬ plies and materials used by the State in or about constructing or maintaining State highways; 15. To make contracts for and superintend the telephone and telegraph service for the several departments; 16. To lease, for a term not exceeding two years, storage or ware¬ house accommodations; IT. To lease, for a term not exceeding two years, office space in buildings for the use of the departments; IS. To have general supervision and care of store rooms and offices leased; 19. To investigate duplication of work of departments and the efficiency of the organization and administration of departments, and to formulate plans for the better co-ordination of departments; 20. To publish from time to time, for the information of the several departments and of the general public, bulletins of the work of the Government. THE DEPARTMENT OE STATE Sec. 38. The Department of State shall have power and it shall be its duty: 1. To exercise the rights, powers and duties vested by law in the Secretary of State, his officers and employees, other than those rights, powers and duties pertaining to the licensing of motor vehicles and the collecting of the gasoline road tax; 2. To exercise the rights, powers and duties vested by law in the Municipal Board of Control; 3. To exercise the rights, powers and duties vested by law in the State Board of Elections; 4. To exercise the rights, powers and duties vested by law in the Board of State Canvassers. THE DEPARTMENT OF AUDIT AND CONTROL Sec. 39. The Department of Audit and Control shall have power and it shall be its duty: 1. To prescribe and require the installation and maintenance of a uniform system of bookkeeping, accounting and reporting for the several departments, State institutions and counties; 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 2 3 4 5 6 7 8 9 10 11 15 2. To prescribe forms for accounts, records, financial reports and statements for the several departments, State institutions and counties; 3. To supervise, examine and audit the accounts, receipts and expenditures of the several departments, State institutions and counties; 4. To examine, at any and all times, into the accuracy and legality of the accounts, receipts and expenditures of the public moneys and the disposition and use of the public property by the several departments and State institutions; 5. To keep such summary and controlling accounts as may be necessary to determine the accuracy of the detail accounts and reports from the several departments and State institutions; 6. To examine, at any and all times, the accounts of every private corporation, institution, association or board receiving appropria¬ tions from the General Assembly; 7. To report to the Attorney-General for such action, civil or criminal, as the Attorney-General may deem necessary, all facts showing illegal expenditures of the public money or misappropria¬ tion of the public property; 8. To examine and approve, or disapprove, vouchers, bills and claims of the several departments, and no voucher, bill or claim of any department shall be allowed without its approval and cer¬ tificate ; 9. To keep necessary records of current prices of supplies and to analyze and tabulate prices paid and quantities purchased; 10. To prepare and report to the Governor, when requested, esti¬ mates of the income and revenues of the State; 11. To issue all warrants upon the State Treasurer. THE DEPARTMENT OF THE TREASURY Sec. 40. The Department of the Treasury shall have power and it shall be its duty: 1. To receive and account for all moneys paid into the treasury; but it shall neither levy nor collect per se any taxes, license fees or other revenues; 2. To keep records and accounts necessary to control the admin¬ istration of funds and properties and for the preparation of re¬ ports on assets, liabilities, revenues, surplus and deficit, 3. To pay all warrants legally drawn on the treasury by the Auditor, and 'no moneys shall be paid out of the treasury except on the warrant of the auditor; 4 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 2 O O 4 5 6 i 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 16 4. To designate, after examination and receipt of ample security, State depository banks; 5. To make short-term notes in temporary emergencies subject to approval of the Governor and Council of State: Provided , such notes are made to procure funds in accordance with appropriations already made by the General Assembly; 6. To keep records and accounts of all bonds issued, registered, transferred, exchanged or surrendered, and to issue coupon bonds in lieu of registered bonds as occasion demands; 7. To act as treasurer ex officio of all State institutions and as custodian of all State funds; 8. To report currently to the Auditor the amount of the bonds, short-term notes or other certificates of indebtedness sold, amount authorized but unissued, and number and amount of unsigned bonds and notes on hand. THE DEPARTMENT OF EDUCATION Sec. 41. The Department of Education shall have power and it shall be its duty: 1. To exercise the rights, powers and duties vested by law in the Text-Book Commission; 2. To exercise the rights, powers and duties vested by law in the State Committee on High School Text-Books; 3. To exercise the rights, powers and duties vested by law in the Library Commission of North Carolina; 4. To exercise the rights, powers and duties vested by law in the Trustees of the State and Document Libraries, the State Librarian, and assistant; 5. To exercise the rights, powers and duties vested by law in the Trustees of the Law Library, its officers and employees; 6. To exercise the rights, powers and duties vested by law in the College Commission for Regulating Degrees; 7. To exercise the rights, powers and duties vested by law in the State Board of Accountancy; 8. To exercise the rights, powers and duties vested by law in the State Board of Architectural Examination and Registration; 9. To exercise the rights, powers and duties vested by law in the State Board of Chiropody (podiatry) Examiners; 10. To exercise the rights, powers and duties vested by law in the State Board of Chiropractic Examiners; 11. To exercise the rights, powers and duties vested by law in the State Board of Dental Examiners; 26 27 28 29 30 31' 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 12. To exercise the rights, powers and duties vested by law in the State Board of Embalmers; 13. To exercise the rights, powers and duties vested by law in the State Board of Registration for Engineers and Land Surveyors; 14. To exercise the rights, powers and duties vested by law in the Board of Medical Examiners of the State of North Carolina; 15. To exercise the rights, powers and duties vested by law in the North Carolina State Board of Examiners in Optometry; 16. To exercise the rights, powers and duties vested by law in the State Board of Osteopathic Examination and Registration; 17. To exercise the rights, powers and duties vested by law in the Board of Pharmacy; 18. To exercise the rights, powers and duties vested by law in the Board of Examiners of Trained Nurses of North Carolina. 19. To exercise the rights, powers and duties vested by law in the North Carolina Board of Veterinarv Medical Examiners; 20. To exercise the rights, powers and duties vested by law in the Historical Commission, its officers and employees other than those rights, powers and duties vested by this act in advisory and non¬ executive boards; 21. To exercise the. rights, powers and duties vested by law in the Board for Vocational Education other than those rights, powers and duties vested by this act in advisory^ and non-executive boards; 22. To exercise the statutory rights, powers and duties vested in the State Board of Education, its officers and employees, other than those rights, powers and duties vested by this act in advisory and non-executive boards. Sec. 42. The Department of Education shall, wherever the sev¬ eral laws regulating professions which are devolved upon the de¬ partment for administration so require, exercise in its name, but subject to the provisions of this act, the following powers: 1. Ascertain and pass upon the basic qualifications or eligibility of applicants for examination in accordance with statutory or departmental requirements for the respective professions or occu¬ pations ; 2. Conduct examinations to ascertain the qualifications and fit¬ ness of applicants to exercise the profession or occupation for which an examination is held; and pass upon the qualifications for reciprocal licenses or certificates; 3. Prescribe rules and regulations for a fair and wholly impar¬ tial method of examination of candidates to exercise the respective professions or occupations; 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 18 4. Prescribe rules and regulations defining, for the respective professions or occupations, what shall constitute a school, college or university, or other institutions, reputable and in good standing, and to determine the reputability and good standing of a school, college or university, or other institution, reputable and in good standing by reference to compliance with such rules and regula¬ tions ; 5. Conduct hearings on proceedings to revoke, suspend or re¬ fuse renewal of licenses or certificates of persons exercising the respective professions or occupations, and to revoke, suspend or refuse to renew such licenses or certificates; 6. Determine the standards and rules for reciprocal relations with other States and to conduct such reciprocal relations for the several professions or occupations upon agreement; 7. Formulate rules and regulations when required in any act to be administered. None of the above enumerated functions and duties shall be exercised by the Department of Education, except upon the action and report in writing of persons designated and directed by the Superintendent of Public Instruction in the manner prescribed in this section to take such action and to make such report for the respective professions or occupations, as follows: For the accountants, five persons, each of whom has been a cer¬ tified public accountant in this State for a period of not less than five years; For the architects, five persons, each of whom has been a regis¬ tered architect in this State for a period of not less than five years, not more than two of whom shall be graduates of the same college or university; For the chiropodists (podiatrists), five persons, each of whom has been a registered chiropodist (podiatrist) and has practiced in this State for not less than three years; For the chiropractors, five persons, each of whom has been a licensed chiropractor in this State for not less than five years, not more than two of whom shall be graduates of the same chiropractic college; For the dentists, five persons, each of whom has been a licensed practitioner of dentistry or dental surgery in this State for a period of not less than ten years, not more than two of whom shall be graduates of the same college or university; For the embalmers, five persons, three of whom shall be licensed medical practitioners and two licensed embalmers, of not less than five years of practical experience; 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 hr hr ( l 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 19 For the engineers and land surveyors, five persons, each of whom shall have been engaged in the practice or teaching of his profes¬ sion for a period of not less than ten years, not more than three of whom shall be of the same branch of the profession of engineering. At least one of said persons shall be a member of the engineering faculty of the North Carolina State College of Agriculture and Engineering, and at least one shall be a member of the engineering faculty of the University of North Carolina; For the medical practitioners, five persons, each of whom has been a licensed practitioner of medicine, surgery, or branches thereof in this State for a period of not less than ten years, not more than two of whom shall be graduates of the same college or university; For the optometrists, five persons, each of whom has been a licensed optometrist in this State for a period of not less than five years, no one of whom is a member of any optical school or college or instructor in optometry or person connected in any way there¬ with, or is a manufacturer, jobber or jobbing representative; For the osteopaths, five persons each of whom shall be a licensed osteopath in this State for a period of five years, no more than two of whom shall be graduates of the same college of osteopathy; For the pharmacists, five persons, each of whom shall be a . licensed pharmacist in this State, and shall have had at least five years practical experience in the dispensing of physicians’ prescrip¬ tions since receiving such license; For the trained nurses, five persons, two of whom shall be repu¬ table licensed physicians, and three of whom shall be registered nurses in this State who are graduates of a recognized school for nurses and have had at least two years experience in educational work among nurses; For the veterinary practitioners, five persons, each of whom shall be a licensed practitioner of veterinary medicine and surgery in this State for a period of not less than ten years, not more than two of whom shall be graduates of the same veterinary college; The action or report in writing of a majority of the persons desig¬ nated for any given profession or occupation shall be sufficient authority upon which the Department of Education may act; Whenever the Superintendent of Public Instruction is satisfied that substantial justice has not been done either in an examination or in the revocation or suspension of or refusal to renew a license 99 100 101 102 103 104 105 106 107 108 109 110 111 2 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 3 20 or certificate, he may order re-examinations or rehearings by the same or other examiners; Persons to act for the several professions or occupations shall he designated by the Superintendent of Public Instruction from lists of names recommended by the several societies, organizations or associations representing the various professions or occupa¬ tions. In the initial appointments the superintendent shall ap¬ point for each profession or occupation five persons from a list of ten names submitted, and in subsequent appointments one person from a list of three names. In the absence of such lists or recom¬ mendations, the superintendent shall independently make desig¬ nations. Each person designated shall serve during the pleasure of the Superintendent. Sec. 43. All certificates or licenses, whether temporary, perma¬ nent or renewal, shall be issued by the department of education, in the name of such department, with the seal thereof attached. Sec. 44. The Department of Education shall further exercise the following powers relating to each profession or occupation: 1. Receive, account for, and pay in to the State Treasury to the credit of the general fund all moneys received in the examination of applicants, the issuance or renewal of licenses, certificates or related sources. All proper and necessary expenses, including authorized compensation and travel shall be paid on the warrant of the Auditor of the State, issued by the Department of Education. 2. Keep full and complete record of proceedings; 3. Keep full and complete records of applicants and licensees for each occupation or profession; 4. Have custody of all correspondence, papers, records, forms and other data; 5. Print or have printed necessary application blanks, and other necessary forms or supplies, the same to be standardized and uniform as far as practicable; 6. Conduct inquiry into such matters as the reciprocal relations between this and other States, standards of admission and practice, methods and procedures of other States, extension of supervision over other professions, occupations, or trades, alleged malpractice, fraud or misconduct, compensation of examiners, license or renewal fees; Sec. 45. Nothing in this act shall waive the requirement of each licensee to register with the county or local authorities as provided in the law. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 3 4 5 6 ■Hr 7 8 9 10 11 12 13 14 15 16 17 18 19 21 THE DEPARTMENT OF LAW Sec. 46. The Department of LaAv shall have power and it shall be its duty : 1. To exercise the rights, powers and duties vested by law in the Legislative Revision Commission; 2. To act as the sole legal agency of the State and to represent the State in its entirety in all actions, civil, and criminal, in which the State is interested or is a party: Provided, that in emergency and when approved by the Governor a department may employ special counsel; 3. To render opinions and rulings when required on questions of law submitted by the General Assembly, the Governor or any State officer; 4. To consult with and advise solicitors on request in relation to their duties; 5. To compare the warrants drawn by the Auditor on the State Treasury with the laAvs under Avhich they purport to be drawn. 6. To advise the Department of State in the preparation and distribution of ballots, poll books and forms of election returns; 7. To assist the members of the General Assembly in the drafting and revision of all bills, amendments and resolutions. THE DEPARTMENT OF AGRICULTURE Sec. 47. The Department of Agriculture shall have power and it shall be its duty: 1. To exercise the rights, powers and duties vested by laAv in the Board of Agriculture, its chairman, secretary, officers and employees, other than those rights, powers and duties A T ested by this act in advisory and non-executive boards and those pertaining to agricultural extension, experimental and research work carried on under agreement with the United States Department of Agriculture; 2. To exercise the rights, powers and duties vested by law in the Crop Pest Commission, its inspectors and other employees; 3. To exercise the rights, powers and duties ATested by laAv in the State Standard Keeper; 4. To administer and enforce all regulatory laws pertaining to agriculture and allied subjects; 5. To supervise, maintain and develop the State museum of agriculture and cultural resources and to administer all laws per¬ taining thereto; 6. To collect and preserve for the State museum objects oi scientific, educational and artistic value, representing past and 20 21 22 23 24 25 2 3 4 r~ o 6 /r i 8 9 10 11 12 13 2 O 4 5 6 /t 4 S 9 10 11 12 13 14 15 16 IT IS 19 20 22 present fauna and flora, the life and works of man, geological his¬ tory, natural and agricultural resources, and the manufacturing and fine arts; 7. To distribute in its discretion, to the various educational in¬ stitutions of the State specimens, samples and materials collected by it after the same have served the purposes of the Department. *Sec. 48. The Director of Extension and the North Carolina Experiment Station shall have power and it shall he his duty; 1. To exercise the rights, powers and duties vested by law in the Joint Committee for Agricultural Work, its officers and employees, other than those rights, powers and duties vested by this act in advisory and non-executive boards; 2. To direct the extension, experimental and research work of the Department of Agriculture; 3. To co-operate with the Commissioner of Agriculture, the United States Department of Agriculture, and the president and board of trustees of the North Carolina State College of Agriculture and Engineering on all subjects of common concern and in the furtherance and promotion of the agricultural interests of the State. THE DEPARTMENT OE HEALTH Sec. 49. . The Department of Health shall have power and it shall be its duty: 1. To exercise the rights, powers and duties vested by law in the State Board of Health, its secretary and executive officer, officers and employees, other than those rights, powers and duties vested bv this act in advisory and non-executive boards; 2. To have the general supervision of the interests of the health and lives of the people of the State; 3. To act as prescribed by law relative to the construction, main¬ tenance and operation of public water supplies, water purification works, sewerage systems, and sewage treatment works, and to ex¬ ercise supervision over nuisances growing out of the operation of such water and sewage works, and to make, promulgate and enforce rules and regulations relating to such nuisances; 4. To make examinations into nuisances and questions affecting the security of life and health in any locality in the State; 5. To make such sanitary investigations as it may from time to time, deem necessary for the preservation and improvement of public health; 6. To enforce the sanitary privy law; 21 22 28 24 25 26 27 28 29 30 31 32 33 34 35 36 87 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 23 7. To make investigations and inquiries with respect to the causes, prevention and suppression of disease, especially epidemics, and to investigate the causes of mortality and the effect of localities, em¬ ployments and other conditions upon the public health; 8. To collect, analyze, interpret and preserve such information relative to mortality, morbidity, disease and health, as may he use¬ ful in the discharge of its duties or may contribute to the promotion of health or to the security of life in this State; 9. To administer and enforce the vital statistics law; 10. To administer and enforce the school medical inspection law; 11. To take necessary measures for the education of expectant mothers, the reduction of infant mortality, and the promotion of public health nursing; 12. To keep informed of the work of local health officers and agencies throughout the State; 13. To supervise, aid, direct and assist local health authorities or agencies in the administration of the health laws and to encourage the establishment of local health departments; 14. To maintain chemical, bacteriological and biological labora¬ tories, to make examinations of water, milk, sewage, wastes, and other substances, and to make such diagnosis of diseases as may be deemed necessary for the protection of the people of the State; 15. To determine standards of purity of drinking water for the various sections of the State; •16. To manufacture or purchase and distribute to citizens of the State diphtheria antitoxin, typhoid vaccine, smallpox vaccine and other sera, vaccines and prophylactics such as are of recognized efficiency in the prevention and treatment of communicable diseases; 17. To enlist the co-operation of organizations of physicians and other agencies for the promotion of the public health in the im¬ provement of health and sanitary conditions throughout the State; IS. To make sanitary, sewage, health and other inspections and examinations for the State charitable, penal and reformatory insti¬ tutions and State normal schools; 19. To inspect, from time to time, all hospitals, sanitaria, and other institutions conducted by county, city, village or township authorities, and to report as to the sanitary conditions and needs of such hospitals, sanitaria and institutions to the official authority having jurisdiction over them; 20. To inspect, not less than once a year and oftener it conditions require, the sanitary conditions of hotels, restaurants and cates, and enforce the law in relation thereto; 63 64 65 66 67 68 60 70 2 Q <> 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 2 3 4 5 6 7 8 9 10 11 12 13 14 24 21. To promote the information of the general public in all matters pertaining to public health; 22. To print, publish and distribute documents, reports, bulletins, certificates and other matter relating to the prevention of diseases and the health and sanitary condition of the State; 23. To supervise and direct the administration of the North Carolina Sanatorium for the Treatment of Tuberculosis and the North Carolina Orthopaedic Hospital, their officers and employees; Sec. 50. The State Board of Health, shall, in addition to the power vested by this act in advisory and non-executive boards, have power: 1. To exercise the rights, powers and duties vested by law in the board of trustees of the North Carolina Orthopaedic Hospital, ex¬ cept that its action shall'be recommendatory. The power of ap¬ pointment and removal of the superintendent and general super¬ vision over the management of said hospital shall be vested in the Commissioner of Health. 2. To exercise the rights, powers and duties vested by law in the board of directors of the North Carolina Sanatorium for the Treat¬ ment of Tuberculosis except that its action shall be recommenda¬ tory. The power of appointment and removal of the superintendent and general supervision of the management of said sanatorium shall be vested in the Commissioner of Health. 3. To promote the passage of remedial and constructive legisla¬ tion for the protection of public health, and to advise in the formu¬ la iion of health policies and programs. THE DEPARTMENT OF NATURAL RESOURCES Sec. 51. The Department of Natural Resources shall have power and it shall be its duty: 1. To exercise thelrights, poAvers and duties A^ested by Dav in the Fisheries’ Commission Board, the Fish Commissioner and assistant fish commissioners; 2. To exercise the rights, powers and duties vested by Dav in the Audubon Society of North Carolina and boards of county commis¬ sioners relating to the enforcement of the State bird and game laws, the appointment of bird and game wardens and the issuance of hunting licenses; 3. To exercise the rights, powers and duties vested by Iuav in the Geological Board, State Geologist and State Forester, except engi¬ neering functions relating to the location, construction and main¬ tenance of highways and appurtenances; 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 25 4. To exercise the rights, powers and duties vested by law in the Board of Agriculture relating to the propagation of fish in the inland waters of the State; 5. To examine and investigate the mineral resources of the State, the location and development of mines, and geological formations; 6. To take all measures necessary and proper to the development of harbors, navigable streams, ships and water transportation. 7. To investigate and study the natural resources of the State and to prepare plans for the conservation and development of the natural resources and for that purpose the officers and employees thereof may enter and cross all lands in this State, doing no dam¬ age to private property; 8. To co-operate with and advise departments having administra¬ tive powers or duties relating to the natural resources of the State, and to co-operate with similar departments in other States and with the United States; 9. To conduct a natural history survey of the State, giving- preference to subjects of economic importance; 10. To study the geological formation of the State with reference to its resources of coal, ores, clay, building stones, cement, materials suitable for use in the construction of roads, gas, mineral and artesian water and other products; 11. To publish from time to time, topographical, geological and other maps to illustrate the resources of the State; 12. To publish, from time to time, bulletins giving a general and detailed description of the geological and mineral resources of the State; 13. To co-operate with the United States Geological Survey in the preparation and completion of a contour topographical survey and map; 14. To collect facts and data concerning the water resources ot the State. 15. To publish, from time to time, the results of its investigations of the waters of the State to the end that available water resources of the State may be better known and that the interests of the people may be safeguarded; 16. To co-operate with the university of North Carolina m the use of scientific staff and equipment; 17. To take all measures necessary and proper for the acquire¬ ment, protection, preservation and development ot State parks, reservations and sites; 18. To take all measures necessary and proper for the preserva* ■v* 57 58 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 3 4 5 6 7 8 9 10 11 12 13 14 15 26 tion, distribution, introduction and restoration of fisli, game birds and other wild birds of the State. Sec. 52. The Commission on Natural Resources acting as an advisory and'non-executive board shall discharge the following ad¬ visory powers and functions: 1. Advise relative to the riparian rights of the State, and the conservation, use and exploitation of water resources and thp pro¬ mulgation of a State program and policy of water power develop¬ ment ; 2. Advise relative to the protection, conservation and reforesta¬ tion of the timber lands of the State, the preservation or acquire¬ ment of State parks and sites, and the development of a State park plan; 3. Advise relative to the protection, propagation and culture of fish, and development of the fishing industry; 4. Advise relative to the protection of game birds and other wild birds; 5. Advise relative to the development of mines and mining; 6. Advise relative to the development of harbors, navigable streams, ships and water transportation; 7. Advise relative to all matters pertaining to natural history, geology, water and water resources, forestry, and allied research, investigational and scientific work; 8. Promote the passage of remedial or progressive legislation per¬ taining to the natural resources of the State. THE DEPARTMENT OF LABOR AND INDUSTRY Sec. 53. The Department of Labor and Industry shall have power and it shall be its duty: 1. To exercise the rights, powers and duties vested by law in the Department of Labor and Printing, the Commissioner of Labor and Printing, the Assistant Commissioner of Labor and Printing and employees, other than those rights, powers and duties pertain¬ ing to State printing. 2. To exercise the rights, powers and duties vested by law in the Board of Commissioners of Navigation and Pilotage; 3. To foster, promote and develop the welfare of wage earners; 4. To improve working conditions; 5. To advance opportunities for profitable employment ; 6. To collect, collate, assert, systematize and report statistical details relating to all departments of labor, especially in its relation to commercial, industrial, social, educational and sanitary condi- 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2 3 4 27 tions, and to the permanent prosperity of the manufacturing and productive industries; 7. To collect, collate, assort, systematize and report statistical details of the manufacturing industries and commerce of the State; 8. To acquire information and report upon the general condition, so far as production is concerned, of the leading industries of the State; 9. To acquire and diffuse useful information on subjects con¬ nected with labor in the most general and comprehensive sense of that word; 10. To acquire and diffuse among the people useful information concerning the means of promoting the material, social and in¬ tellectual and moral prosperity of laboring men and women; 11. To acquire and diffuse information as to the conditions of’ employment, and such other facts as may be deemed of value to the industrial interests of the State; 12. To acquire and diffuse information in relation to the preven¬ tion of accidents, occupational diseases and other related subjects. Sec. 54. The Industrial Council shall, in addition to the power vested by this act in advisory and non-executive boards, have power, and it shall be its duty: 1. To study labor problems and conditions in various industrial centers in the State and elsewhere; 2. To suggest to the Governor and the General Assembly remedial and constructive labor legislation; 3. To establish in important industries or industrial centers, sub¬ councils of employers and employees for the discussion of and relief from common problems, and the betterment of industrial condi¬ tions ; 4. To appoint a panel of not more than fifty prominent citizens throughout the State representative of various groups, classes and areas, from which panel it will select for each specific labor dispute in which the public welfare is concerned or at the request of the parties directly engaged, a Board of Arbitration and Conciliation composed of not more than seven persons: Provided, that the action of such board will be recommendatory and in no way obligatoiy upon the parties concerned. HE DEPARTMENT OF BANKING AND INSURANCE Sec. 55. The Department of Banking and Insurance shall have power and it shall be its duty: 1. To exercise all the rights, powers and duties vested by law the Department of Insurance, the Commissioner ot Insurance, in his 28 5 officers and employees, other than the rights, powers and duties 6 pertaining to the collection of taxes on the gross premium receipts 7 of insurance companies doing business in this State; 8 2. To exercise all the rights, powers and duties vested by law in 9 the Corporation Commission pertaining to the supervision, inspec- 10 tion and examination of public and private banks, loan and trust 11 companies or corporations. THE DEPARTMENT OF TAXATION AND REVENUE Sec. 56. The Department of Taxation and Revenue shall have 2 power and it shall be its duty: 3 1. To exercise the rights, powers and duties vested by law in the 4 Department of Revenue, its officers and employees; 5 2. To exercise the rights, powers and duties vested by law in the 6 State Board of Equalization; 7 3. To exercise the rights, powers and duties vested by law in 8 the Department of Insurance and Commissioner of Insurance per- 9 taining to the assessment and collection of taxes on gross premium 10 receipts of insurance companies doing business in this State; 11 4. To exercise the rights, powers and duties vested by law in 12 the State Board of Education pertaining to the assessment and 13 collection of taxes on privately owned swamp lands reclaimed by 14 the State; 15 5. To exercise the rights, powers and duties vested by law in 16 the Auditor pertaining to the assessment and collection of franchise 17 and other taxes; / • 18 6. To exercise the rights, powers and duties vested by law in 19 the Commissioner, Board and Department of Agriculture pertain- 20 ing to the assessment and collection of taxes on fertilizer, gasoline, 21 oils, and other commodities; 22 7. To exercise the rights, powers and duties vested by law in 23 the Secretary of State pertaining to the assessment and collection 24 of license fees on motor vehicles, the assessment and collection of 25 tax on gasoline, and the issuance of automobile licenses and opera- 26 tors’ certificates; 27 8. To prepare and report to the Governor or Auditor, when 28 requested, estimates of the income and revenues of the department. THE DEPARTMENT OF HIGHWAYS AND PUBLIC WORKS Sec. 57. The Department of Highways and Public Works shall 2 have power and it shall be its duty: 3 1. To exercise the rights, powers and duties vested by law in 4 the State Highway Commission, the State Highway Engineer, and 5 6 < 8 9 10 11 12 13 14 15 16 IT 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 3 i 38 39 40 2 O o 4 5 29 other officers and employees of the State highway service, other than those rights, powers and duties vested by this act in advisory and non-executive boards; 2. To exercise the rights, powers and duties vested by law in the boards of managers, directors or trustees respectively of the State institutions pertaining to the erection, construction or per¬ manent improvement of buildings under the control of such boards; 3. To exercise the rights, powers and duties vested by law in the State Board of Education pertaining to the reclamation or other improvements of State-owned swamp lands; . 4. To exercise the rights, powers and duties vested by law in the Geological Board and State Geologist pertaining to the location, construction or maintenance of highways and appurtenances; 5. To prepare, or cause to be prepared, general plans, prelimi¬ nary sketches and estimates for public building to be erected for any department or State institution; 6. To have general supervision over the erection and construc¬ tion of public buildings erected for any department or State insti¬ tution and over the inspection of all materials previous to their incorporation into such building or work; 7. To make contracts for, and supervise the construction and repair of, buildings under the control of any department or State institution; 8. To prepare and suggest comprehensive plans for the develop¬ ment of grounds and buildings under the control of any department or State institution; 9. To make and provide all drawings, plans, specifications and models for the construction and perfection of all systems of sewer¬ age, drainage and plumbing for the State in connection with the buildings and grounds under the control of any department or State institution; 10. To erect, supervise and maintain all public monuments and memorials erected by the State, except where the supervision and maintenance thereof is otherwise provided by law; 11. To supervise all engineering projects and public-voiks im¬ provements undertaken by the State. Sec. 58, The State Highway Commission shall, in addition to the power vested by this act in advisory and non-executive boards, have power, and it shall be its duty: 1. To advise relative to the location, construction, improvement and maintenance of State highways. 2 Q o 4 5 6 h7 i 8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2 3 4 5 6 h7 t 8 9 10 11 12 13 14 30 THE DEPARTMENT OF WELFARE Sec. 59. The Department of Welfare shall have power and it shall be its duty: 1. To exercise the statutory rights, powers and duties vested in the State Board of Charities and Public Welfare: Provided, that the power of visi^^on and inspection shall be retained by said board; 2. To exercise the rights, powers and duties vested by law in the Child Welfare Commission, its officers, agents and employees. Sec. 60. The State Board of Charities shall, in addition to the power vested by this act in advisory and non-executive boards,'have power, and it shall be its duty: 1. To investigate into the condition and management of the whole system of charitable, penal and reformatory institutions of the State, including State hospitals, the State prison, convict camps, reformatories, jails, almshouses, and private charitable institutions of whatever character; 2. To investigate, when directed by the Governor, into any and all phases of the equipment, management or policy of any State charitable, penal or reformatory institution, and report its findings and recommendations to the Governor; 3. To inquire into the equipment, management and policies of all institutions and organizations coming under the supervision and inspection of the Department of Welfare; 4. To collect and publish annually statistics relating to depend¬ ency, delinquency and kindred social problems; 5. To promote the passage of remedial and constructive legisla¬ tion pertaining to the field of social welfare. Sec. 61. The Commission on Mental Hygiene, acting as an advisory and non-executive board, shall have power and it shall be its duty: 1. To make investigations and studies of the mentally defective, the causes, prevention and cure of mental defectiveness; 2. To suggest and devise ways and means of coordinating the activities of the State institutions for the mentally defective, with particular reference to such matters as care and treatment of in¬ mates, vocational and industrial training, after-care supervision and business methods; 3. To formulate a program and policy on mental hygiene for the guidance of the Governor and other agencies; 4. To elect its own officers, adopt by-laws, and meet not less than four times each year. 2 O O 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 2 Q O 4 5 6 91 Sec. 62. The Council of Public Welfare shall, in addition to the power vested by this act in advisory and non-executive hoards, have power, and it shall be its duty: 1. To act as a clearing-house of information for all institutions and agencies, public and private, on matters affecting all social- welfare problems; 2. To conduct investigational work and research on social-wel¬ fare problems, including such subjects as institutional management and policy, the collection, analysis and publication of statistics, per capita costs, ratios between attendants and patients, pay patients, finances, employment and training, teaching methods, admissions, discharges, after-care and extension work, county and municipal welfare activities, management of private institutions, and other subjects of related character; 3. To make recommendations to the several institutions, the Governor and other agencies for the coordination of welfare activi¬ ties, the avoidance of duplication and friction, and the adoption of a welfare policy for the State; 4. To elect its own officers, adopt suitable by-laws and to appoint a paid secretary, who shall carry on the investigational and re¬ search activities of the council; 5. To meet not less than four times a year in regular session and at such other times as may be called by the chairman through the secretary. «/ 6. To promote the passage of remedial and progressive legislation on subjects pertaining to the field of social welfare;* 7. To maintain in its discretion a laboratory or laboratories at any institution within the jurisdiction of the department for the purpose of research into the causes, the cure and the prevention of the defects, disabilities and delinquencies for which custody or con¬ finement are provided, and to select and appoint a laboratory chief, whose duties shall be confined to such research work; 8. To co-operate with the various departments or institutions in social research and scientific work useful in the prosecution of the vork of any department or institution. Sec. 63. The Advisory Board of Parole, as constituted under his act, shall have power and it shall be its duty: 1. To exercise the rights, powers and duties heretofore vested by aw in the chairman of the State Board of Charities and Public Welfare and the chairman of the board of directois of the State Prison as members of the Advisory Board of Parole. 2 9 O 4 5 6 l 8 0 10 2 Q O 4 •w' D 6 7 8 2 3 4 5 6 hr 7 8 9 10 11 12 13 14 15 1G 17 18 2 32 THE DEPARTMENT OF MILITARY AFFAIRS Sec. 64. The Department of Military Affairs shall have power and it shall be its duty: 1. To exercise the rights, powers and duties vested by law in the Adjutant-General’s Department; 2. To exercise the rights, powers and duties vested by law in the Soldier Settlement Board, its officers and employees; 3. To exercise the rights, powers and duties vested by law in the property and disbursing officer for North Carolina; 4. To exercise the rights, powers and duties vested by law in the property and disbursing officer for the United States. THE DEPARTMENT OF PUBLIC UTILITIES Sec. 65. The Department of Public Utilities shall have power and it shall be its duty : 1. To exercise, through the Public Utilities Commission created by this act, all the rights, powers and duties vested by law in the Corporation Commission, its officers and employees, other than those rights, powers and duties pertaining to the supervision, in¬ spection and examination of public and private banks, loan and trust companies or corporations. Sec. 66. The boards of trustees of the University of North Caro- lina, North Carolina State College of Agriculture and Engineering, Women’s College of North Carolina, and Negro Agricultural and Technical College of North Carolina shall each consist of twenty members appointed by the Governor, with the consent of the Sen¬ ate, from each of the judicial districts of the State. Their term of office shall be five years, four expiring each year. The Governor and Superintendent of Public Instruction shall be ex-officio mem¬ bers of such boards. Within thirty days after this act takes effect, the Governor shall appoint the members of each board, as follows: Four members for a term of one year, four members for a term of two years, four members for a term of three years, four members for a term of four years, and four members for a term of five years. As the terms of these members first appointed under this section expire, their successors and all trustees appointed thereafter shall be appointed for a term of five years. All vacancies shall be filled by appointment by the Governor as prescribed in Section 12 of this act. Sec. 67. The boards of trustees of the East Carolina Teachers’ College, Cullowhee Normal and Industrial School, Appalachian 33 3 4 5 6 7 8 9 10 11 12 13 14. 15 16 17 18 19 2 3 4 5 6 2 3 4 2 3 4 5 6 7 8 9 10 11 12 13 14 Training School for Teachers, Cherokee Indian Normal School of Robeson County, Slater Industrial and State Normal School for Negroes, Negro Normal School at Fayetteville, and Negro Normal School at Elizabeth City shall each consist of live members, who shall be appointed by the State Board of Education. Each person so appointed shall reside within the area served by the respective schools: Provided, that not more than two shall be residents of the same county. Their term of office shall be five years, one expiring each year. Within thirty days after this act takes effect, the State Board of Education shall appoint the members of each hoard, as follows: One member for a term of one year, one member for a term of two years, one member for a term of three years, one mem¬ ber for a term of four years, and one member for a term of five years. As the terms of these members first appointed under this section expire, their successors and all trustees appointed thereafter shall be appointed for a term of five years. All vacancies shall be filled by appointment by the State Board of Education. Sec. 68. The Superintendent of Public Instruction shall have power to appoint and remove, for cause, the principals or adminis¬ trative heads of each of the normal schools under the supervision of the State Board of Education. Members of the teaching staffs and other employees shall be appointed by the respective princi¬ pals or administrative heads, subject to the approval of the local board of trustees, and may be removed by him for cause. Sec. 69. The State Board of Health shall constitute ex officio the board of trustees of the North Carolina Sanatorium for the Treatment of Tuberculosis and the North Carolina Orthopaedic Hospital. Sec. 70. The boards of trustees of the State Hospital at Raleigh, the State Hospital at Morganton, the State Hospital at Goldsboro, Caswell Training School, the State Prison, Stonewall Jackson Manual Training and Industrial School, State Home and Indus¬ trial School for Girls and Women, State Training School for Negro Boys, State School for the Blind and Deaf, the North Carolina School for the Deaf, the Soldiers’ Home, and the ( onfederate Woman’s Home shall each consist of five members, who shall be appointed by the Governor, with the consent of the Senate: Pro¬ vided, that appointments to each of the boards of trustees ot the two institutions last named shall be made upon nominations by tie Soldiers’ Home Association and Confederate Woman’s Home Asso¬ ciation, respectively. Within thirty days after this act takes effect, the Governor shall appoint the members of each board, as follows: 15 16 17 18 19 20 21 2 3 4 tf 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 34 One member for a term of one year, one member for a term of two years, one member for a term of three years, one member for a term of four years, and one member for a term of five years. As the terms of these members first appointed under this section expire, their successors and all trustees appointed thereafter shall be ap¬ pointed for a term of five years. All vacancies shall be filled by appointment by the Governor as prescribed in Section 12 of this act. Sec. 71. The board of trustees of each of the State institutions mentioned in sections 67, 69 and 70 shall, with respect to its field of work, or that of the institution with which it is associated have the following powers and duties: 1. To exercise the corporate rights, powers and duties of each incorporated institution; 2. To advise the head of the institution as to the management and policy of the institution; 3. To suggest rules and regulations for the government of the institution, its finances, admissions, discharges and control of per¬ sons admitted or received; 4. To recommend upon its own initiative, policies and practices, which recommendations the head of the institution will duly con¬ sider, and to give advice or make recommendations to the Governor and the general assembly when so requested, or upon their own initiative; 5. To investigate the conduct of the institution with which it may be associated, and for this purpose to have access, at any time, to all books, papers, documents and records pertaining and belong¬ ing thereto, and to require written or oral information from any officer or employee thereof; 6. To adopt rules, not inconsistent with law, for its internal control and management, a copy of which rules shall be filed with the head of the institution with which such board is associated; 7. To hold meetings at such times and places as may be prescribed by the rules, not less frequently, however, than quarterly; 8. To act by a sub-committee, or by a majority of the board, if the rules so prescribe; 9. To keep minutes of the transaction of each session, regular or special, which shall be public records and filed with the head of the institution; 10. To give notice to the Governor and to the head of the insti¬ tution with which it is associated of the time and place of every meeting, regular or special, and to permit the Governor and institu¬ tion head to be present and to be heard upon any matter coming before such board; 37 38 39 40 41 42 43 44 45 2 3 4 5 6 7 8 9 10 11 12 13 2 o O 4 5 6 7 8 9 10 11 o iJ 2 11. To appoint and remove for cause the superintendent or prin¬ cipal of the institution with which it is associated except where otherwise provided in this act, but the right of appeal to the Gov¬ ernor shall not be denied the head of any institution so removed; 12. To confer, in the educational institutions, certificates of proficiency or marks of merit and diplomas as are usually conferred by such institution; 13. To study and consider the entire field with which it is con¬ nected. Sec. 72. The superintendent or principal of each institution mentioned in Sections 67, 69 and 70 shall have power: 1. To advise with the board of trustees as to the management, finances and policy of the institution; 2. To direct and superintend the management and control of the institution, its officers, employees and persons admitted or re¬ ceived : Provided, that in the case of the educational institutions, and the tuberculosis sanatorium and orthopaedic hospital, such action shall be subject to the approval of the superintendent of public instruction and commissioner of health respectively; 3. To prescribe rules and regulations, after conferring with the board of trustees, for the government and operation of the institu¬ tion, its officers, employees and persons admitted or received. Sec. 73. The State Hospital for the Dangerous Insane is hereby abolished and the inmates thereof shall be committed and trans¬ ferred to the respective State hospitals for the insane on the basis of color and residence now governing admissions to such hospitals. Persons so committed and transferred at the time this act takes ef¬ fect and all insane criminals committed thereafter, shall be confined and segregated in separate wards under proper custody and super¬ vision. The rights, powers and duties of the board of directors ot the State Hospital for the Dangerous Insane shall be transferred to the respective boards of trustees of the State hospitals for the insane in accordance with the provisions ot Section t 1 of this act. Sec. 74. All laws and clauses of laws in conflict with this act and provisions of this act are hereby repealed. Sec. 75. This act shall not be in force until January first, one thousand nine hundred and twenty-five. ' ’ * INDEX Section GENERAL PROVISIONS Page 1. Title of Act_ 2. “Department” defined_ 3. Departments of State Government_ 4. Department heads_;_1 ( 5. Other executive and administrative officers_ 6. Advisory and non-executive boards_2, 7. Qualifications of department heads_3, 8. Qualifications of members of advisory and non-executive boards 5, 9. Powers and duties of advisory and non-executive boards_ 10. Advisory and non-executive boards to receive no compensation-- 11. Department heads to devote entire time to duties—shall hold no other position_ 12. Appointment of department heads—vacancy_ 12a. Appointment of advisory and non-executive boards_:__7, 13. Term _ 14. Oath_ 15. Appointment of department officers_ 16. Government of department—commissioner to prescribe regula¬ tions _ 17. Departmental offices to be maintained in Raleigh—branch offices 18. Office hours for transaction of public business_ 19. Seal _ 2 0. Employment—compensation_ 21. Hours of labor of employees_ 2 2. Annual leave of absence—vacation, sickness and for other causes 2 3. Salaries to be paid in monthly installments- 2 4. No employee to be paid for extra service- 2 5. Reassignment of employees- 2 6. Annual report to Governor by department heads—other reports 2 7. Co-operation by department heads- 28. Department heads to form governor’s cabinet--- 29. Money received by departments—payment into the State Treasury 3 0. Contracts for buildings and supplies to be let to lowest bidder— advertisement—bids - 31. Contracts for fuel—approval by Governor- 3 2. When power is vested in department to inspect, examine, secure data or information—duty of other department- 33. When rights, powers and duties of officer, board or commission are transferred to or vested in a department created or con¬ tinued under the terms of this act—acts shall have same legal effect—obligations, duties and rights of persons and corporations—penalties—transfer of books, papers, docu¬ ments, property, and appropriations- 3 4. When reports or notices are required to be made or given, or papers or documents furnished or served- 1 1 1 2 2 3 4 6 6 6 7 7 8 8 8 8 8 8 8 8 9 9 9 9 9 9 9 9 10 10 10 10 11 11 12 38 Section Page 3 5. Pending actions and proceedings--12 3 6. Offices, boards and commissions abolished-12, 13 THE DEPARTMENT OF ADMINISTRATION 37. Shall exercise rights, powers and duties vested in— 1. The printing commission- 13 2. Commissioner and assistant commissioner of labor and printing pertaining to public printing- 13 3. Board of public buildings and grounds--13 4. State board of pensions_ 13 5. Budget commission _ 13 6. Board of internal improvements- 13 7. North Carolina Appomattox commission- 13 8. Council of State pertaining to salaries_ 13 9-20. Other powers and duties--13, 14 THE DEPARTMENT OF STATE 38. Shall exercise rights, powers and duties vested in— 1. Secretary of state other than those pertaining to licensing motor vehicles and collecting of gasoline tax_14 2. Municipal board of control_ 14 3. State board of elections_ 14 4. Board of state canvassers_ 14 THE DEPARTMENT OF AUDIT AND CONTROL 3 9. Powers and duties of the department of audit and control_14, 15 THE DEPARTMENT OF THE TREASURY 40. Powers and duties of the department of the treasury_15, 16 THE DEPARTMENT OF EDUCATION 41. Shall exercise rights, powers and duties vested in— 1. Text book commission_ 16 2. State committee on high school text books_16 3. Library commission_ 16 4. Trustees state and document libraries_ 16 5. Trustees law library_ 16 6. College commission for regulating degrees_ 16 7. State board of accountancy_ 16 8. State board of architectural examination and registration 16 9. State board of chiropody (podiatry) examiners_ 16 10. State board of chiropractic examiners_16 11. State board of dental examiners_ 16 12. State board of embalmers_ 17 13. State board of registration for engineers and land sur¬ veyors _ 17 39 Section Page 14. Board of medical examiners_ 17 15. State board of examiners in optometry_ 17 16. State board of osteopathic examination and registration. 17 17. Board of pharmacy_ 17 18. Board of examiners of trained nurses_ 17 19. Board of veterinary medical examiners_ 17 20. Historical commission, except advisory powers_17 21. Board for vocational education, except advisory powers.. 17 2 2. State board of education—statutory rights_17 4 2. Additional powers conferred in administration of laws regulating professions or occupations—boards of examiners_17-2 0 43. Certificates and licenses—by whom issued_20 44. Other powers and duties___20 4 5. Requirement of licensees to register with county officials con¬ tinued _2 0 THE DEPARTMENT OF LAW 4 6. Shall exercise the rights, powers and duties vested in— 1. Legislative revision commission_21 2-7. Other powers and duties_21 THE DEPARTMENT OF AGRICULTURE 47. Shall exercise the rights, powers and duties vested in— 1. The board of agriculture other than advisory powers_21 2. Crop pest commission_21 3. State standard keeper_21 4-7. Other powers and duties_21, 22 48. Powers and duties of director of extension_22 THE DEPARTMENT OF HEALTH 49. Powers and duties of the department of health- 22-24 50. Powers and duties of the state board of health-24 THE DEPARTMENT OF NATURAL RESOURCES 51. Shall exercise the rights, powers and duties vested in— 1. Fisheries’ commission board- 24 2. Audubon society—pertaining to enforcement of bird and game laws-24 3. Geological board -24 4-18. Other powers and duties-25, 26 52. Powers and duties of the commission on natural resources-2 6 THE DEPARTMENT OF LABOR AND INDUSTRY 53. Powers and duties of the department of labor and industry-2 6, 2 7 5 4. Powers and duties of the industrial council-2 7 40 Section • Page THE DEPARTMENT OF BANKING AND INSURANCE 55. Shall exercise the rights, powers and duties vested in— 1. The department •of insurance- 27 2. The corporation commission pertaining to bank examina¬ tion _____28 THE DEPARTMENT OF TAXATION AND REVENUE 5 6. Shall exercise the rights, powers and duties vested in— 1. The department of revenue_28 2. State board of equalization_ 2 8 3-8. Other powers and duties_^_28 THE DEPARTMENT OF HIGHWAYS AND PUBLIC WORKS 5 7. Shall exercise the rights, powers and duties vested in— 1. State highway commission other than advisory powers_28 2-11. Other powers and duties_.•_2 9 58. Powers and duties of the state highway commission_2 9 THE DEPARTMENT OF WELFARE 59. Shall exercise the rights, powers and duties vested in— 1. The state board of charities and public welfare—retention of powers of visitation and inspection__3 0 2. The child welfare commission_30 i 60. Powers and duties of the state board of charities_30 61. Powers and duties of the commission on mental hygiene_30 6 2. Powers and duties of the council of public welfare_31 63. Powers and duties of the advisory board of parole_31 THE DEPARTMENT OF MILITARY AFFAIRS 6 4. Shall exercise the rights, powers and duties vested in— 1. The adjutant general’s department_32 2. Soldier settlement board_32 3. Property and disbursing officer for North Carolina_3 2 4. Property and disbursing officer for the United States_32 THE DEPARTMENT OF PUBLIC UTILITIES 65. Powers and duties of the department of public utilities_3 2 6 6. Boards of trustees of State University and colleges—member¬ ship, term _ 3 2 6 7. Boards of trustees of state normal schools—membership, term -32, 33 68. Appointment of normal school heads by superintendent of pub¬ lic instruction_;_3 3 69. Boards of trustees of tuberculosis sanatorium and orthopaedic hospital _ 33 41 Section Page 70. Boards of trustees of charitable, penal and reformatory institu¬ tions—membership, term_3 3, 34 71. Powers and duties of boards of trustees_3 4, 35 7 2. Powers and duties of institutional heads_3 5 73. State hospital for dangerous insane—abolished_3 5 7 4. Repeal of conflicting laws_3 5 75. Act not to be in force until January 1, 1925___35 f J - UNIVERSITY OF N.C. AT CHAPEL HILL 00043536959 FOR USE ONLY IN THE NORTH CAROLINA COLLECTION *