CHAPTER 173

STATE HIGHWAY DEPARTMENT

AN ACT TO AMEND CHAPTER 166 OF THE REVISED CODE OF DELAWARE, 1935, PROVIDING FOR REORGANIZATION OF THE STATE HIGHWAY DEPARTMENT.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 166 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out after the word "Department" in the third line of 5721. Sec. 2 thereof all the remaining provisions of 5721. Sec. 2 and inserting in lieu thereof immediately after "there is created a State Department to be known as the "State Highway Department' " the following:--

which shall consist of seven members. The members heretofore appointed by the Governor and now serving shall continue to be members of said Department as resident members of their designated respective Districts, until the expiration of their terms of office respectively. There is hereby appointed, in addition to the present members heretofore appointed by the Governor as aforesaid, three additional members, viz: Donald P. Ross of New Castle County, who is appointed the resident member at-large for New Castle County, Ralph W. Emerson of Kent County, who is appointed a resident member for Kent County, and Charles D. Abbott of Sussex County, who is appointed a resident member for Sussex County, each of whom shall hold office until the first day of May, A. D. 1941, at which time their terms of office shall expire and their successors shall be appointed as hereinafter provided. Upon this Act becoming effective, if the Governor has not appointed a member of said Department resident in Kent County duly qualified under the provisions of law to which this Act is an amendment, as a Successor to the member of said Department resident in Kent County whose term of office expired in May 1939, the Governor shall appoint a member of said Department resident in Kent County duly qualified under the provisions of this Act who shall serve as a member of said Department resident in Kent County until May 1, 1946; and if the Governor before this Act is effective has appointed a duly qualified member of said Department resident in Kent County as a successor to the member of said Department resident in Kent County whose term of office expired in May 1939, said member shall hold office until the expiration of the term thereof. On May 1, A. D. 1941, upon the expiration of the terms of office of the members appointed by this Act and upon the expiration of the term of office of the member heretofore appointed by the Governor as a resident member for Sussex County, the Governor shall appoint a resident member at-large for New Castle County who shall serve for the term of four years, a resident member for Kent County who shall serve for the term of one year, and two resident members for Sussex County, one of whom shall serve for the term of three years and the other shall serve for the term of six years.

In the case of a vacancy in the Department for any reason other than the expiration of the term of office the remaining members of the Department shall fill such vacancy for the unexpired term by selecting a properly qualified person. After the expiration of the terms of office of the members as hereinbefore provided, the Governor shall appoint members of the Department for the full term of six years, other than the resident member at-large for New Castle County, who shall, at all times, be appointed for the full term of four years.

The members of said Department, including the members heretofore appointed and now serving, and the additional members appointed as aforesaid, and all members appointed hereafter, shall be, when appointed, and during their terms of office respectively, citizens of the State of Delaware and shall not be a member of any State, County or District political committee, and one shall be a resident of the City of Wilmington, New Castle County, one a resident of New Castle County outside of said City of Wilmington, one a resident at-large of New Castle County, two shall be residents of Kent County, and two shall be residents of Sussex County. Those members who are to be resident members of the respective Districts shall be so designated in their appointment, and the two members of the Department appointed as residents of the same County or of the Districts thereof, shall not belong to the same political party, but this provision shall not apply to the resident member at-large of New Castle County.

Within ten days after this Act becomes effective, the members of said Department shall convene at the offices of the Department at Dover. The new members appointed by this Act shall present a certified copy of this Act and the same shall be accepted as sufficient evidence of their authority to hold the offices to which they were respectively appointed by this Act. The said members being as convened shall organize by electing one of their members Chairman. Before entering upon the duties of the office, each member shall take and subscribe the oath or affirmation prescribed in Article XIV of the Constitution. Such oath or affirmation shall become one of the records of the Department. Four members shall constitute a quorum, and, except as herein otherwise provided, a majority of the members present and constituting a quorum, shall be sufficient for any action by the Department.

Section 2. That said Chapter 166 of the Revised Code of Delaware, 1935, be and the same is hereby amended by repealing and striking out all of 5723 Sec. 4 and inserting in lieu thereof the following:--

5723. Sec. 4. Chief Engineer, Appointment of; Qualifications; Secretary; Bond; Salaries:--As soon after the organization as is practicable the Department, at least four members concurring, shall employ a Chief Engineer, for such time, not exceeding one year, as may be determined by the Department, who shall be a civil engineer, and at the time of his employment, not less than thirty years of age and shall have been in active practice of his profession for ten years and shall have had responsible charge of road engineering work for at least five years and shall be qualified to design as well as to direct road engineering work. Graduation from a school of engineering of recognized reputation shall be considered as equivalent to two years of active practice. The said Department, at least four members concurring, shall also employ a Secretary who shall hold office at the pleasure of the Department. The Chief Engineer and the Secretary before entering upon the duties of their offices shall give such bond, if any, as may be required by the said Department for the faithful performance of their respective duties in such positions, respectively, and the Chief Engineer shall take and subscribe an oath or affirmation like that required of a member of said Department. The Chief Engineer may be paid a salary not in excess of Seven Thousand Five Hundred Dollars a year, and the Secretary may be paid a salary not in excess of Five Thousand Dollars a year. The members of the Department shall require no compensation for their services, but shall receive their actual expenses incurred while engaged in the affairs of the Department.

Section 3. That said Chapter 166 of the Revised Code of Delaware, 1935, be and the same is hereby amended by repealing and striking out the fifth paragraph of 5731. Sec. 12 and inserting in lieu thereof the following:

Whenever there is an unusual emergency which in the opinion of the Department (at least five members concurring), together with the Chief Engineer, requires immediate attention to save any State Highway from damage, the Department shall have power to employ labor and purchase material to prevent such damage without competitive bids.

Section 4. This Act shall become effective immediately upon becoming a law pursuant to the provisions of the Constitution of this State.

NOTE: This bill became a law on August 28, 1939 without the approval of the Governor and in accordance with Section 18, Article 3, of the Constitution of Delaware.