A BILL TO BE ENTITLED
AN ACT to update chapter 136 of the General Statues with the term "Chief Engineer," which replaces the term "State Highway administrator," as recommended by the Joint Legislative Transportation Oversight Committee.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 136‑4 reads as rewritten:
"§ 136‑4.  Chief Engineer.
There shall be a  Chief Engineer, who shall be a career official and who shall be the administrative officer of the Department of Transportation for highway matters. The  Chief Engineer shall be appointed by the Secretary of Transportation and he may be removed at any time by the Secretary of Transportation. He shall be paid a salary to be set in accordance with Chapter 126 of the General Statutes, the State Personnel Act. The  Chief Engineer shall have such powers and perform such duties as the Secretary of Transportation shall prescribe."
SECTION 2.  G.S. 136‑18.3(a) reads as rewritten:
"(a)	The Department of Transportation is authorized to issue permits to counties and municipalities for the location of containers on rights‑of‑way of state‑maintained highways for the collection of garbage. Such containers may be located on highway rights‑of‑way only when authorized in writing by the  Chief Engineer in accordance with rules and regulations promulgated by the Department of Transportation. Such rules and regulations shall take into consideration the safety of travelers on the highway and the elimination of unsightly conditions and health hazards. Such containers shall not be located on fully controlled‑access highways."
SECTION 3.  G.S. 136‑64.1(d) reads as rewritten:
"(d)	The Department of Transportation shall have the discretion to deny any application submitted pursuant to this section, or it may grant a permit on any condition it deems warranted. The Department, however, shall consider the use of alternate routes available during flooding of the roads, and any inconvenience to the public or temporary loss of access to business, homes and property. The Department shall have the authority to promulgate regulations for the issuance of permits under this section and it may delegate the authority for the consideration, issuance or denial of such permits to the  Chief Engineer. Any applicant granted a permit pursuant to this section shall cause suitable markers to be installed on the secondary road to advise the general public of the intermittent closing of the road or roads involved. Such markers shall be located and approved by the  Chief Engineer."
SECTION 4.  G.S. 136‑89.59(1) reads as rewritten:
"(1)	Thirty‑day permits shall be issued without cost by the Highway Division Engineer. Permits shall be subject to revocation by the Chief Engineer for violations of this section. The applicant must be a nonprofit organization showing a record of concern for automotive, highway, or driver safety."
SECTION 5.  G.S. 136‑89.194(f) reads as rewritten:
"§ 136‑89.194.  Laws applicable to the Authority; exceptions.
(f)	Construction Claims. – G.S. 136‑29 applies to the adjustment and resolution of Turnpike project construction claims. In applying G.S. 136‑29 to the Turnpike Authority, references to the 'Department of Transportation,' the  'Chief Engineer,' and a 'State highway' are considered references to the 'Turnpike Authority,' the 'chief engineer of the Turnpike Authority,' and a 'Turnpike project.'"
SECTION 6.  This act is effective when it becomes law.