NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 665

HOUSE BILL 1031

AN ACT TO AMEND CHAPTER 136 OF THE GENERAL STATUTES TO REVISE AND CLARIFY CERTAIN PROVISIONS OF SECTIONS 41.1 AND 41.3, RELATING TO MUNICIPAL STREET AID FUNDS.

The General Assembly of North Carolina do enact:

Section 1.  The first paragraph of G.S. 136-41.1, as appears in 1964 Replacement Volume 3B of the North Carolina General Statutes, is amended to read:

"There is hereby annually appropriated out of the State Highway Fund a sum equal to the amount that was produced during the fiscal year by 1/2 of one-cent tax on each gallon of motor fuel taxed by Sections 105-434 and 105-435, to be allocated in cash on or before October first each year after March 15, 1951, to the cities and towns of the State in accordance with the following formula:"

Sec. 2.  The fifth paragraph of G.S. 136-41.1, as appears in 1964 Replacement Volume 3B of the North Carolina General Statutes, is amended to read:

"No allocation to cities and towns shall be made under the provisions of this Section from the one-cent per gallon additional tax on gasoline imposed by Chapter 1250 of the Session Laws of 1949 and by Chapter 46 of the Session Laws of 1965, unless and until said additional one-cent per gallon gasoline tax produces funds which are not needed for or committed by said Chapter 1250 of the Session Laws of 1949 and said Chapter 46 of the Session Laws of 1965, to the payment of the principal of or the interest on the secondary road bonds issued pursuant to the provisions of said Chapter 1250 of the Session Laws of 1949 and said Chapter 46 of the Session Laws of 1965. The State Highway Commission is hereby authorized to withhold each year an amount not to exceed one percent (1%) of the total amount appropriated in Section 136-41.1 for the purpose of correcting errors in allocations: Provided, that the amount so withheld and not used for correcting errors will be carried over and added to the amount to be allocated for the following year."

Sec. 3.  The fourth paragraph of G.S. 136-41.3, as appears in 1964 Replacement Volume 3B of the North Carolina General Statutes, is amended to read:

"In the case of each eligible municipality, as defined in G.S. 136-41.2, having a population of less than 5,000, the State Highway Commission shall upon the request of such municipality made by official action of its governing body, on or prior to June 1, 1953, or June 1 in any year thereafter, for the fiscal year beginning July 1, 1953, and for the years thereafter do such street construction, maintenance, or improvement on non-system streets as the municipality may request within the limits of the current or accrued payments made to the municipality under the provisions of G.S. 136-41.1."

Sec. 4.  The words "G.S. 136-41.2" appearing immediately following the words "allocation under" and immediately preceding the words "to this account" in the tenth line of the sixth paragraph of G.S. 136-41.3, as appears in 1964 Replacement Volume 3B of the North Carolina General Statutes, is amended to read "G.S. 13641.1".

Sec. 5.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 6.  This Act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 30th day of May, 1969.