CHAPTER 268

RELATING TO COMPOSITION OF STATE HIGHWAY

DEPARTMENT

AN ACT TO AMEND CHAPTER 1, TITLE 17 OF THE DELAWARE CODE BY ABOLISHING THE PRESENT STATE HIGHWAY DEPARTMENT AND CREATING A NEW STATE HIGHWAY DEPARTMENT AND TRANSFERRING THE POWERS, DUTIES AND PROPERTY.

WHEREAS, the State Highway Department had been for many years efficiently operated and the business thereof conducted in a fine manner by a 5 member department, and

WHEREAS, for some, as yet unjustified reason, it was seen fit in a past session of this legislature to increase the number of members of that department, and

WHEREAS, the legislature is now satisfied that this action has not proved to be in the best interest of the citizens of this State and they desire to correct this mistake,

NOW, THEREFORE

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 111, Chapter 1, Title 17 of the Delaware Code is hereby repealed.

Section 2. The present existing State Highway Department is hereby abolished and a new State Highway Department is hereby established as hereinafter provided. All of the powers, duties and property of the State Highway Department which is hereby abolished are transferred to the new State Highway Department hereby created.

Section 3. Chapter 1, Title 17 of the Delaware Code is hereby amended by adding thereto the following new section to be known as § 111:

§ 111. Composition; appointment; term; qualifications; vacancy

(a) The State Highway Department shall consist of 5 members ; 2 members shall be residents of Sussex County; 2 members shall be residents of Kent County and 1 member shall be a resident of New Castle County, and all of whom shall be citizens of the State of Delaware.

(b) The following persons are appointed members of the State Highway Department to serve until July 1, 1961:

Benjamin F. Shaw, II of New Castle County J. Gordon Smith of Kent County

Francis Gebhart of Kent County

Thurman Adams of Sussex County

Carey Sapp of Sussex County

Thereafter the Governor shall appoint 5 members, each for a term of 4 years from July 1, 1961 and shall thenceforth upon the expiration of the term of any member appoint a successor for an additional term of 4 years from the date of expiration of the term of his predecessor.

In the event of a vacancy prior to the expiration of the 4 year term of any member due to his death or resignation the Governor shall appoint his successor who shall serve for the balance of the unexpired term of the said member.

() No more than 3 members of the Department shall belong to the same political party. Any appointment for an unexpired term shall be made from the membership of the same political party to which the member originally appointed for that term belonged.

Section 4. All acts or parts of acts inconsistent herewith are hereby repealed to the extent of such inconsistency.

NOTE: This bill became a law on June 9, 1955 without the approval of the Governor and in accordance with Section 18, Article 3 of the Constitution of Delaware.