North Carolina § 136-103 - 1: Repealed by Session Laws 2015-241, s. 29.8(c), effective July 1, 2015.

§ 136-103. 1: Repealed by Session Laws 2015-241, s. 29.8(c), effective July 1, 2015.

History (1973, c. 507, s. 4; 2009-266, s. 26; 2014-100, s. 34.24(d); repealed by 2015-241, s. 29.8(c), effective July 1, 2015.) Cross References. - For present provisions pertaining to engagement of outside counsel by the Department of Transportation, see G.S. 136-18.03. Editor's Note. - Session Laws 2013-360, s. 34.27, as amended by Session Laws 2014-100, s. 34.24(a), provides: "The Department of Transportation may engage the services of private counsel with the pertinent expertise to provide legal services related to transportation projects undertaken by the Department. The Department shall supervise and manage the private counsel engaged under this section and shall not be required to obtain written permission or approval from the Attorney General under G.S. 114-2.3 ." Session Laws 2015-241, s. 29.8(a) effective July 1, 2015, repealed Session Laws 2013-360, s. 34.27, as amended by Session Laws 2014-100, s. 34.24(a). Session Laws 2014-100, s. 34.24(b)-(c), provides: "(b) It is the intent of the General Assembly that the Department of Transportation exercise the authority granted by subsection (a) of this section to maximize operational and project delivery benefits attributed to the avoidance or successful defense of litigation. To accomplish this intent, the Department is directed to increase its utilization of external counsel to no less than ten percent (10%) of new cases arising during the 2014-2015 fiscal year, increasing to no less than twenty percent (20%) of new cases arising during the 2015-2016 fiscal year. "(c) The Department shall develop performance metrics to evaluate its utilization of in-house and outside counsel, to include the following: "(1) A summary of new matters opened by legal area. "(2) Case cycle times. "(3) Resolution of cases. "(4) A comparison of in-house costs to billable rates for external counsel. "(5) The process for procurement for legal services. "The Department shall report no later than January 1, 2015, and quarterly thereafter, to the Joint Legislative Transportation Oversight Committee and the Joint Legislative Justice and Public Safety Oversight Committee regarding the performance metrics set forth in this subsection." Session Laws 2015-241, s. 29.8(b) effective July 1, 2015, repealed Session Laws 2014-100, s. 34.24(b) and (c). Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2009-266, s. 26, effective August 1, 2009, substituted "transportation system rights-of-way" for "highway rights-of-way" and "transportation construction" for "highway construction" in the first sentence. Session Laws 2014-100, s. 34.24(d), effective July 1, 2014, in the first sentence, substituted "Secretary of Transportation" for "Attorney General" and substituted "the Secretary" for "he", and substituted "Secretary" for "Attorney General" in the last sentence.