Other recent G.S. 132 blog posts of note:
It’s time for the next of our continuing series on the records now available on Saturdays; today’s post includes an assortment of units in the departments of Revenue, Secretary of State, and Water and Air Resources. The complete list of all the materials moved and now available on Saturdays is online as a PDF, but I’m breaking down the list into a series of blog posts.
If you want to read the longer, more complete histories for these departments and divisions, you can do so in our online catalog MARS. It will likely take us a while to change the location codes in MARS and our other finding aids so we ask you to please be patient with us on that score.
Revenue, Dept. of; Tax Research Division, 1929-1934
Prior to the establishment of the Department of Revenue, the administration of North Carolina tax law was dispersed among several state agencies. The state auditor, state Treasurer, secretary of state, commissioner of insurance, State Tax Commission, and clerks of the superior courts each had responsibilities in the listing, assessing, equalization, and collection of various taxes levied by the state.
A constitutional amendment revising the state income tax was enacted in 1919 and passed by popular vote on 2 November 1920. The State Tax Commission was initially charged with administering the new tax, but the enormity of this task added impetus to the effort to create a single agency responsible for North Carolina tax law. In March 1921 the General Assembly established the North Carolina Department of Revenue, headed by a commissioner and assisted by additional clerical staff. The first commissioner of revenue was to be appointed by the governor, with the consent of the state Senate, and serve until 1924. Succeeding commissioners were to be elected every four years.
Major revenue-related responsibilities of the state were grouped under this agency, including the general administration of state tax law, assessments, enforcement, and tax collection. Duties involving the collection of inheritance taxes and franchise and corporation tax assessments were transferred from the State Tax Commission to the department, and the agency became responsible for the administration of the state income tax.
Prior to the establishment of the Department of Revenue, the General Assembly adopted revenue acts each biennium, instructing the various revenue-related agencies of state government to collect appropriate taxes and fees. With the creation of the department in 1921, biennial revenue acts specified in detail the taxes and fees to be levied by that agency. A permanent revenue act was enacted in 1939, and, with amendments, remained in effect until 1989. Kinds of taxes included the inheritance tax, gift tax, license tax, beverage tax, franchise tax, gross earnings tax, intangible property tax, state income tax, sales tax, compensation rise tax, and motor fuels tax.
In 1941 the General Assembly authorized the separation of the statistical and research unit of the Department of Revenue from that agency and its designation as a separate state Department of Tax Research. The governor was granted the right to establish the department, which he did on 1 July 1942. In 1953 the legislature confirmed the independence of the Department of Tax Research as a separate state agency, although it continued to receive funding through and office space from the Department of Revenue. The Advisory Budget Commission was empowered to call upon the Department of Tax Research for amendments and recommendations for changes in the state’s tax laws, which proposals were to be presented to the General Assembly for action. The Executive Organization Acts of 1971 and 1973 transferred the Department of Tax Research back to the Department of Revenue, which assumed all its functions and duties.
Secretary of State, Dept. of; Annual Reports of Licensing Boards, 1956-1977, 1979, 1981
The office of secretary has existed from the time of the earliest organized government in North Carolina. The lords proprietors in 1663 ordered the creation of such an office, its holder to be appointed by themselves. After the crown re-purchased Carolina from the proprietors in 1729, the provincial secretary was appointed directly by the crown. With the coming of statehood, the Constitution of 1776 directed that he be appointed triennially by the General Assembly. A constitutional amendment of 1835 changed the triennial appointment to a biennial one. Under the Constitution of 1868 the office was made popularly elective for a four-year term, a provision that remains in effect under the present state constitution.
The Annual Reports of Licensing Boards file includes annual reports of various licensing boards and correspondence concerning the reports. May also include rosters, registers, or lists of the boards’ licensees, as well as some reports from a few independent regulatory commissions. Grouped by transferred years, then alphabetical by board, then chronological. Some of the boards included are: Alcohol Control, Certified Public Accountant Examiners, Contractors, Dental Examiners, Medical Examiners, Optometry, Pharmacy, Physical Therapists, Plumbing and Heating Contractors, Podiatry Examiners, Professional Engineers and Land Surveyors, Refrigeration Examiners, Well Water Contract Examiners, Library Certification Board, Architecture, Real Estate Licensing Board, etc.
Secretary of State, Dept of; Rules and Regulations of State Agencies, 1942-1979
Reports and information from state agencies related to regulations and rules of agencies, independent regulatory commissions, and occupational licensing boards. In chronological increments of transfer, then alphabetical by agency. This function is now handled by the Office of Administrative Hearings. The rules and regulations dated after 1976 are maintained by that agency. (See RS.No. 3680).
Water and Air Resources, Dept. of, 1944-1959
In 1927 a State Stream Sanitation and Conservation Committee, as an arm of the State Board of Health, was formed to organize and direct the state’s first stream studies. Although composed of the heads and the chief engineers of the State Board of Health and the Department of Conservation and Development, the committee received scant legislative funding for activities during its first two decades. In 1945 the General Assembly formally mandated that the State Stream Sanitation and Conservation Committee would study and report on pollution in all the state’s streams. As a result of the committee’s work, the General Assembly appropriated minimum funds in 1947 for a pollution-control program. That same year Congress enacted the nation’s first Water Pollution Control Act, the basis for present-day state and federal cooperative programs.
In 1951 the General Assembly ratified the State Stream Sanitation Act, creating the renamed State Stream Sanitation Committee as an autonomous body with the State Board of Health and requiring that streams and river basins be classified and pollution control standards adopted. The act also established a set of enforcement provisions, providing a framework and legal basis for the state’s current program of water pollution control.
In 1955 the General Assembly established a Board of Water Commissioners to maintain an inventory of the state’s water resources and to conduct a program of education, planning, and research in long-range water conservation and usage. Additionally, the board was empowered to direct the allocation of water under emergency conditions. Composed of seven gubernatorial appointees, the board was to include at least one member representing each of the following interests: agriculture, municipalities, the electric power industry, and other industries. The director of the Department of Conservation and Development and the executive secretary of the State Stream Sanitation Committee were to serve ex officio on the board’s sixteen-member Advisory Committee.
In 1957 the General Assembly proposed that a state agency study the state’s water resources and advise the governor and legislature as to the laws, policies, and administrative organization needed to coordinate more effectively the state’s ongoing water research activities and utilize its water resources. Under the Department of Water Resources Act of 1959, the General Assembly established an agency to coordinate the state’s activities in order to make improvements in the methods of conserving, developing, and using water resources. The new agency was placed under the direction of a Board of Water Resources consisting of seven members appointed by the governor. Following completion of staggered terms by initial appointees, tenures were for six years. Subject to the governor’s approval, the director of the department was appointed by the board.
Under its enabling legislation, the Department of Water Resources absorbed the previous duties and functions of the Water Resources Division of the Department of Conservation and Development. Additionally, the board was directed to organize the new department into two or more units, including the Navigable Ways Division and the Water Pollution Control Division. The State Stream Sanitation Committee and its programs from the State Board of Health were moved into the latter division.
In 1967 the General Assembly enacted the Water and Air Resources Act, revising the State Stream Sanitation Act of 1951 and replacing the Department of Water Resources with the Department of Water and Air Resources. Authority for this program was to be vested in a Board of Water and Air Resources whose terms of office and power to appoint a director were identical to its predecessor. However, the new board of gubernatorial appointees was enlarged to thirteen members, including eleven members who had served on the former board and the State Stream Sanitation Committee, which was renamed the Pollution Control Committee. Under terms of the act, the board was charged with establishing standards of water and air purity and coordinating policies with other jurisdictions concerned with pollution abatement and control. The board was authorized to organize the department into the following units based on function: water pollution control, air pollution, ground water, and navigable waterways.
Under the Executive Organization Act of 1971 the Department and Board of Water and Air Resources were transferred to the newly formed Department of Natural and Economic Resources, an umbrella agency directed by a cabinet-level secretary appointed by the governor.
Includes: Correspondence; general reports; Hurricane Rehabilitation correspondence; central files: water pollution control – industrial plant sites (proposed), county correspondence, correspondence of the Hydrologic Engineers, water analysis reports, chemical water analysis, salinity data, mineral reports, United States Army Corps of Engineers’ reports, climatological reports and summaries, and surveys of Rivers, Dams, and Creeks; Waterways and Seashore Division subject files; Coastal studies; Director’s Offices files; and other records.
In this, the next of our continuing series on the records now available on Saturdays, I’m focusing on records related to natural resources and environmental policy. The complete list of all the materials moved and now available on Saturdays is online as a PDF, but I’m breaking down the list into a series of blog posts.
If you want to read the longer, more complete histories for these departments and divisions, you can do so in our online catalog MARS. It will likely take us a while to change the location codes in MARS and our other finding aids so we ask you to please be patient with us on that score.
Natural and Economic Resources, Dept. of; Coastal Management Office, 1970-1972 and Natural Resources and Community Development, Dept. of; Coastal Management Office, 1972-1978
Includes: Correspondence, drafts of management plans, and records concerning the development of the office’s management plan. Correspondence, memoranda of agreements, public hearing documents, and other related records used to establish interim areas of environmental concern. Correspondence, maps, policies, and other related records concerning fragile natural areas designated as Areas of Environmental Concern by the Coastal Resources Commission. Land use plans submitted by local governments which describe policies for land development in their area. The inventories of land use plans are entered into the office’s Land Use Plans Database. Drafts and summaries of land use plans, and other related records concerning the development of land use plans.
Approved (and some denied) applications for major permits, plans for coastal development, correspondence, permits, maps or plats, photographs, adjacent riparian landowners’ statements, and other records. Some files may also contain audio cassette tapes of public hearings. For information on dredge and fill permits, see the series: Dredge and Fill File, State Property Office. Some Dredge and Fill permits are included. For the 1978-1980 files, two permits are usually included. One for Dredge and Fill, and one for major development in a protected area. The permits (or some of the information from the permits) are entered and indexed in the agency’s Coastal Area Management Act Tracking System Database.
Natural Resources and Community Development, Dept. of; Division of Environmental Management, 1952-1981
The Environmental Management Commission (EMC) was created as part of the Department of Natural and Economic Resources when that department was re-created and reconstituted under the Executive Organization Act of 1973. The EMC subsequently replaced the board of the former Department of Water and Air Resources and absorbed its major functions of a program of water and air conservation and pollution control. (Originally established in 1959 as the Department of Water Resources, it was renamed the Department of Water and Air Resources in 1967. Prior to its demise in 1973, the department was transferred to the Department of Natural and Economic Resources under the Executive Organization Act of 1971.)
The EMC was formed in the aftermath of the creation of the U.S. Environmental Protection Agency in 1970 and the ratification of the federal Water Pollution Control Act amendments of 1972. This act and its amendments substantially extended federal influence by requiring water quality standards, water planning documents, and providing billions of dollars for construction of municipal water treatment facilities. Also, the Governor’s Efficiency Study Commission of 1973 had cited the failure of the Board of Water and Air Resources to be specific in all of its rules and programs and had called for a reorganization of the board and its administrative office to permit a more efficient response to the rapid and significant changes in state and federal laws and regulations.
Under terms of its enabling legislation, the EMC was charged with promulgating rules and regulations designed to protect, preserve, and enhance the water and air resources of the state. Its duties included issuing and revoking permits to control the various sources of pollution; conducting public hearings; instituting court actions; supervising local air pollution control programs; advising local governments regarding floodways; and approving or disapproving applications for dam construction. The board was to be assisted in its duties by the Division of Environmental Management of the Department of Natural and Economic Resources, an administrative arm provided by the Executive Organization Act of 1973.
By executive order of Holshouser in 1975, the Division of Environmental Management was one of several divisions within the Department of Natural and Economic Resources designated for reorganization. It was given broad responsibility for the comprehensive planning and management of the state’s air, surface water, and groundwater resources. Its duties were to include monitoring facility compliance with regulations established by the EMC and enforcing those regulations. Also in 1975, the General Assembly empowered the EMC under certain conditions to waive or modify the requirement that a state permit be obtained to carry on an activity involving a risk of air or water pollution. Circumstances that might warrant such a waiver would include those in which applicants had already complied with federal laws or regulations that were similar to or more restrictive than those of the state. During the same year the EMC absorbed the duties and functions of the Water and Air Quality Control Committee, which had its beginnings in the State Stream Sanitation and Conservation Committee.
In 1977 the General Assembly reorganized the Department of Natural and Economic Resources and renamed it the Department of Natural Resources and Community Development. The EMC and its corresponding division were transferred to and vested in the new department, under the administrative direction of a cabinet-level secretary.
Includes: Air Quality Section Emission – inventory system file and Natural Emissions Data System file; Director’s Office – enforcement actions file, correspondence, subject file, Environmental Management Commission minutes file, and Water and Air Quality Control Committee minutes; Central Files – monthly monitoring reports, river basin file, and subject files.
Natural Resources, Dept. of; Division of Community Assistance. Special Projects Section, 1975-1985
In 1957 the General Assembly authorized the director of the Department of Conservation and Development to establish a Division of Community Planning, subject to the approval of that agency’s board. The purpose of this division was to assist cities and smaller communities of the state in meeting the problems of urbanization and rapid economic growth. Its primary functions involved conducting various demographic and economic studies and proposing regulations to guide public and private development.
The director of the Department of Conservation and Development was required by state law to assist municipalities, either through the Division of Community Planning, or through contractual arrangements; to receive and expend federal, state, and other funds; and to administer grant contracts from state and federal sources. These duties could be delegated by the departmental director to the director of hurricane rehabilitation who was to serve ex officio as a commissioner of planning.
In 1961 the General Assembly amended Community Planning’s enabling legislation, thus replacing the commissioner of planning with a division administrator. The legislation also specified that services of the division be available to municipalities, counties, and joint and regional planning boards established by two or more governmental units.
In March of 1969 Governor Robert W. Scott requested that the General Assembly establish a Department of Local Affairs for the purpose of assisting local governments in their transitions from rural to urban economies and environments. The governor viewed this new agency as a key element in the state’s efforts to work with local governments and to support them in strategic planning for housing, recreation, land usage, and economic development.
In response, the 1969 General Assembly created the Department of Local Affairs (DLA) as an independent agency and established the Division of Community Planning as one of its major components. Through the DLA’s director, the Division of Community Planning absorbed various duties and functions of its predecessor under the Department of Conservation and Development. The division also had links to the State Planning Task Force which was established in 1965 by Governor Daniel K. Moore and subsequently became a division of the Department of Administration in 1968. Like the Division of Community Planning, the task force was given responsibility for helping municipalities cope with problems created by urbanization and coordinating a variety of related programs under federal, state, local, and private authorities.
In creating the DLA and Division of Community Planning, the legislature stipulated there be an additional advisory body named the Committee on Community Planning. It consisted of the president of the state chapter of the American Institute of Planners, who served ex officio, and nine members appointed by the governor for terms of one year. At least five of these were required to be members, at the time of their appointments, of municipal, county, or joint planning boards.
Under the Executive Organization Act of 1971, the powers and duties of the DLA and its divisions were transferred to the Department of Conservation and Development. By terms of that legislation, the latter agency was assigned for administrative purposes to the newly established umbrella agency, the Department of Natural and Economic Resources. This department was headed by a secretary who was appointed by the governor. In 1971 the Division of Governmental Relations of the DLA merged with the Division of Community Planning to form the Division of Community Services.
Two years later, the Department of Natural and Economic Resources was re-created and reconstituted under the Executive Organization Act of 1973. That legislation essentially repealed the establishment of the DLA and the Department of Conservation and Development. All committees formerly under the DLA, with the exception of Law and Order, were transferred to the reorganized umbrella agency.
The Division of Community Services continued under that same designation until 1974 when it was renamed the Division of Community Assistance.
In 1977 the legislature transferred the Division of Economic Development to the Department of Commerce. In other legislative action that year, the General Assembly reorganized the Department of Natural and Economic Resources and renamed it the Department of Natural Resources and Community Development (NRCD).
During the 1980s the Division of Community Assistance served as one of NRCD’s major community development components, all of which came under an assistant secretary for policy coordination. The division’s duties were to aid local governments in land use planning and to administer the Small Cities Community Development Block Grant program. Funded through the federal Department of Housing and Urban Development (HUD), that program’s primary purpose was to benefit persons of low and moderate incomes. The block grant funds were used specifically to create or retain jobs, and to make improvements in housing and public facilities in residential areas. Under HUD requirements, the state was required to monitor grantees throughout the life of the funded projects and ensure compliance with federal rules and regulations.
Includes: Flood Insurance Rate Maps (FIRM), Floodway Maps, Flood Insurance Studies, and some correspondence concerning the maps or studies of approximately 410 flood-prone areas within the state. Most localities will have a dated map set comprised of several sheets and an index sheet. The material was compiled by engineering firms under contract by the United States Federal Emergency Management Agency. The final versions of the maps are more accurate than the preliminary or proof sets of maps, and provide community floodway and floodplain information as a part of the National Flood Insurance Program. Set of these maps were made available to local governments and citizens by the Special Projects Section as a part of the division’s efforts to assist with local planning, management, and research programs.
Housing and Urban Development, 107 Program File – data of HUD-funded Community Development Technical Assistance Program, for which the division provides the technical assistance to recipients of the Community Assistance Block Grant Program.
The State Community Development Grants File includes proposals, historical sketches of the community, correspondence, rules and regulations, amount of requests, acceptance or rejection of submitted grants, and other material concerning state grants to cities and counties.
In this, the next of our continuing series on the records now available on Saturdays, I’m focusing on materials from the Dept. of Justice/Attorney General records, the Dept. of Labor, and the Dept. of Mental Health. The complete list of all the materials moved and now available on Saturdays is online as a PDF, but I’m breaking down the list into a series of blog posts.
Because these are department level records their descriptions are rather long, although I did edit them slightly to try to make them as brief as possible without (hopefully) losing too much information or making their often lengthy histories confusing. However, if you want to read the longer, more complete histories for these departments you can do so in our online catalog MARS. It will likely take us a while to change the location codes in MARS and our other finding aids so we ask you to please be patient with us on that score.
Justice, Dept. of (Office of the Attorney General), 1821-1977
The office of attorney general is not mentioned in any of the successive versions of the Fundamental Constitutions of Carolina, the elaborate schemes of government devised by the Lords Proprietors of Carolina from 1669 to 1698. The position existed from an early date, however. George Durant acted as attorney general as early as 1679, and there are frequent references to the title in higher court records after they begin to be abundant in 1696. An act of 1715, which may be a reenactment of an earlier one, provided a table of fees for his remuneration. The attorney general, who was appointed by the governor and Council until the last few years of proprietary rule (1663-1729), when he was appointed directly by the proprietors, represented both the crown and the Lords Proprietors in civil and criminal actions heard by the General Court.
During the royal period (1729-1776), the attorney general received his office by royal warrant. The governor could make an appointment only when a vacancy occurred, and it was valid only until the crown selected a replacement. As crown officials, attorneys general were supposed to be paid from royal revenues in the colony; but the sums raised were paltry, and the attorney general consequently was poorly paid from this source. However, an act of 1746, renewed periodically, levied a tax to compensate judges and attorneys general for their extra expenses when they rode the circuit. The attorney general also received fees for giving legal advice to the governor and Council, and for undertaking the various activities connected with prosecuting an action. The General Assembly set and regulated the taxes and fees, thereby making the attorney general almost entirely dependent on that body for his livelihood. Deputy attorneys general, appointed by the attorney general, were from 1760 required by statute to represent the crown in county courts, and also in higher courts if the attorney general found it inconvenient to attend. Like the attorneys general, the deputies received fees set by the assembly.
The attorney general under the state Constitution of 1776 was appointed by the General Assembly, commissioned by the governor, and held office for an unspecified term. The constitution also ensured the attorney general an “adequate” salary. In 1835 a constitutional amendment limited the attorney general’s term to four years, and an act of 1846 empowered the North Carolina Supreme Court to appoint a replacement if the attorney general failed to fulfill his duties. The Constitution of 1776 set forth no duties for the office, but subsequent legislation specified a variety of tasks, such as attending to all state business in the Supreme Court; requiring trustees of estates to file accounts; and filing bills in equity against corporations not living up to their charters, among other responsibilities.
The Constitution of 1868 placed the attorney general, along with the governor, lieutenant governor, and other statewide officials, in an Executive Department, and made their offices elective, with terms of four years. As with the other officials in the Executive Department, the governor was to fill vacancies occasioned by death, resignation, “or otherwise.” The sole responsibility assigned the attorney general was that of acting as legal adviser to the Executive Department. Beyond that, the constitution provided only that the duties of the various offices in the Executive Department, including that of attorney general, would be prescribed by law. Within four years after ratification of the Constitution of 1868, the General Assembly had passed two acts enumerating a total of six duties of the office of attorney general: to represent the state before the North Carolina Supreme Court in all actions relating to the state, and before any other court when requested by the governor or either house of the assembly; to act for the governor, secretary of state, treasurer, auditor, and superintendent of public instruction in prosecuting or defending lawsuits relating to their departments, when requested by those officials; to advise solicitors (county prosecutors) in all matters relating to their duties; to give advisory opinions when requested by the General Assembly, governor, “or any other state officer;” to pay into the treasury all sums received for debts or penalties due the state; and to report the decisions of the Supreme Court.
A constitutional amendment of 1937 authorized the General Assembly to create a Department of Justice under the supervision of the attorney general; one of 1943 restated the relevant provisions of the Constitution of 1868, with only an inconsequential change regarding the tenure of executive officers; another of 1961 also made a minor revision relating to vacancies; and one of 1961 enshrined in the constitution a provision that executive officers would receive a compensation set by the General Assembly, and that it would “not be diminished during the time for which they shall have been elected.” The state’s last constitution, that of 1971, restated the placement of the attorney general within the executive branch of government, provided that the office would be elective, that terms would be four years, and that the duties of office would be prescribed by law. The constitution also for the first time made the attorney general a member of the Council of State. A constitutional amendment of 1984 required the attorney general and district attorneys to be authorized to practice law prior to election or appointment.
The myriad of post-1868 legislation affecting the office of attorney general in large measure reflects the increasing complexity of society over the next century and more. Most of the changes relate to the attorney general’s expanding role as enforcer of state laws consequent upon the ever-increasing involvement of the state in the lives of its citizens. The trend was under way by the end of the nineteenth century, by which time the attorney general had been given important duties in such matters as enforcement of legislation relating to the regulation of corporations and the gathering of statistics relating to criminal activity. In more recent times the Office of the Attorney General has played a crucial role in assisting in the enforcement of laws relating to public health and safety, and the state’s natural resources, by advising and representing in legal proceedings a variety of departments and agencies of state government, such as the Department of Labor, Department of Insurance, Marine Fisheries Commission, Wildlife Commission, Pesticide Board, and numerous other regulatory bodies. As previously mentioned, in 1937 a constitutional amendment authorized the creation of a Department of Justice under the supervision of the attorney general, and a statute of 1939 formally brought it into being. The department did not, however, achieve functional significance until 1971, with the Act to Reorganize State Government. That act “created a Department of Justice,” with the attorney general as its head, and placed within the department the State Bureau of Investigation and the General Statutes Commission. The act also assigned the new department the duties of the commissioner of insurance with respect to the investigation of certain types of fires, as well as the governor’s former powers relating to the appointment and commissioning of special police.
Includes: Central Files Section/former Attorney General’s files; index to Attorney General’s Opinions; “Pending Matters” file; Attorney General’s combined opinions and correspondence with state agencies; correspondence (and non-opinions) file; miscellaneous opinions file; closed cases files; minutes; Environmental Protection Section files; State Agency Services Section files; Senior Deputy Attorney General’s Office closed case files; Federal Habeas Section; Prison Office, correspondence and opinions files; Education and Corrections Section files, including Wilmington Ten correspondence and miscellaneous records; Corrections Section files, including Multiple Civil Rights Litigation cases files; Revenue Section files; Health and Public Assistance Section files; Hospital files; Highways Section, Senior Deputy Attorney General’s office files, including policies, programs and procedures files, and contract and land files; Administrative Section files including legislative files, correspondence and opinions; Property Control Section files; lawyers’ trial dockets; criminal dockets; Consumer Protection Section files, including anti-trust investigations; Criminal Justice Standards Division, including directors files and Training and Standards Council minutes; Human Resources Section (Medical Facilities) files; Motor Vehicles Section files; Requests for parole file; foreign and domestic corporations correspondence; Schools, Elections and General File; Segregation Questionnaires and Position Paper on Segregation; Escheats and State Hospitals Collection Ledgers; Escheats file; tape recordings of the special session of the Legislature, 1956; list of persons convicted of offenses, ca. 1900; and other records.
Labor, Dept. of, 1933-1959
The Bureau of Labor Statistics, predecessor of the present-day Department of Labor, was established in 1887 by the General Assembly as an agency of the Department of Agriculture, Immigration, and Statistics. The bureau was headed by a commissioner who was appointed to a two-year term by the governor, with the approval of the state Senate. The commissioner of labor statistics was to collect information on work hours and wages, workforce education and finances, and means to promote the “mental, material, social and moral prosperity” of the state’s labor force. The commissioner was to appoint a chief clerk and other assistants as needed. An annual report detailing the information collected by the bureau was to be submitted to the General Assembly and supplied to the state’s newspapers.
In 1897 the commissioner of labor statistics was also made state mine inspector and given the responsibility of inspecting the state’s mines and mining machinery. All mines were to have adequate ventilation and drainage, and up-to-date safety and security features. The commissioner could institute legal proceedings for violations, and all violations, accidents, injuries, and deaths were to be recorded.
In 1899 the Bureau of Labor Statistics was re-created as the Bureau of Labor and Printing, separate from the Department of Agriculture. In addition to collecting and publishing data relating to labor in North Carolina, the bureau was to oversee all printing and binding done for state government. The term of the commissioner was changed to four years, and an assistant commissioner with practical printing experience was to be employed. In 1901 the General Assembly established a State Printing Commission, composed of the Council of State, commissioner of labor and printing, and attorney general, to contract for state printing. The commissioner of labor and printing continued to oversee the completion of contracts for state printing and binding. In 1919 the governor was added to the State Printing Commission, and the bureau became the Department of Labor and Printing.
In 1921 the legislature created an Employment Service Bureau within the department. Local employment offices were established throughout the state to assist job applicants in their search for employment, to cooperate with federal vocational education programs to help disabled veterans seeking employment, and to work with minors over sixteen years of age seeking employment and training. Under legislation enacted in 1925 and 1929, private employment agencies were to be licensed and regulated by the commissioner of labor and printing.
The General Assembly enacted amendments to the employment service law in 1935 to bring it into conformity with federal legislation. In 1936 the state’s Employment Service Bureau was transferred to the Unemployment Compensation Commission, where it became a division of that newly created agency. The regulation of private personnel agencies continued to be a responsibility of the Department of Labor and Printing.
In 1931 the legislature reorganized the department, changing its name to the Department of Labor under the direction of a commissioner. The department had three divisions: Workmen’s Compensation, Standards and Inspection, and Statistics. The Workmen’s Compensation Division was created by the transfer of the Industrial Commission to the Department of Labor. The Industrial Commission had been established by the General Assembly in 1929 to administer the state’s system of workmen’s compensation. The act creating the new department maintained all powers, duties, and personnel of the Industrial Commission as provided by the 1929 act.
The Standards and Inspection Division succeeded to all the authority and responsibilities previously vested in the Child Welfare Commission, which was abolished. The Child Welfare Commission had been created in 1919 to carry out the provisions of legislation enacted in 1909, 1913, and 1919. The Standards and Inspection Division was charged with investigating and evaluating the conditions affecting the employment of women and children, making recommendations for improvement of these conditions, inspecting mines and mining machinery, and collecting information on the industrial and agricultural welfare of the state’s citizens.
The Statistics Division was established as the agency responsible for collecting, systematizing, and printing all statistics relating to labor. The State Printing Commission was abolished and its responsibilities concerning printing contracts were transferred to the Division of Purchase and Contract in the governor’s office.
In 1935 the legislature created the Board of Boiler Rules and set up a Bureau of Boiler Inspections within the department’s Standards and Inspections Division to implement boiler regulations provided by this legislation. The board consisted of five members appointed by the governor for staggered terms, and it was charged with formulating rules for the safe installation, repair, use, and operation of steam boilers in the state. The commissioner of labor was to serve as chairman and was to appoint a chief inspector, who would supervise the bureau and its staff and enforce laws and rules.
Laws regulating child labor, minimum wages, working hours, and fair labor standards were passed in 1937, 1939, 1959, 1963, 1965, 1969, 1971, 1973, 1975, and 1977. In 1979 the General Assembly enacted the Wage and Hour Act to consolidate previous legislation in these areas and set up a Wage and Hour Division within the Department of Labor. The Wage and Hour Division incorporated the work of the Standards and Inspection Division.
To prepare and equip the state’s youthful population for future employment, the General Assembly created the Apprenticeship Council and an apprenticeship program in the Department of Labor in 1939. The council, composed of three representatives each from employee and employer organizations, plus an ex officio member representing the State Board of Vocational Education, was to formulate rules and policies to carry out legislation on apprenticeship and job training. To implement these policies the legislature established a director of apprenticeship within the department. Appointed by the commissioner of labor, the director of apprenticeship, assisted by professional personnel, was to set up standards and rules for apprentice agreements with local apprenticeship councils, to serve as secretary of the state’s Apprenticeship Council, to issue certificates of completion of apprenticeships, and to keep records and prepare necessary reports.
Early efforts to find alternate methods of resolving labor versus management conflicts resulted in the Uniform Arbitration Act of 1927. In 1941 the General Assembly erected in the Department of Labor a conciliation and mediation service for labor and management and a separate division to administer and implement this legislation. Four years later a departmentally administered arbitration service was established, with the arbitration process and procedure detailed in the law. Additional legislation was enacted in 1947 and 1949.
The Department of Labor began a program of periodic inspections of elevators, escalators, hoists, tramways, amusement rides, incline railways, and other such devices in 1938. Although the Department of Insurance was charged with the implementation of the state building code as enacted in 1933 and 1941, the Department of Labor was responsible for elevator and lift inspections.
On 10 February 1943 the voters approved an amendment to the state constitution making the commissioner of labor a member of the Council of State. Further constitutional amendments affecting the Commissioner of Labor were approved by the electorate in November 1962. These provided for filling the vacancy in case of the commissioner’s death or resignation and decreed the order of gubernatorial succession, including all the Council of State.
Additional responsibilities entrusted to the department since 1971 were accompanied by the creation of new division-level agencies to carry out these duties. The Occupational Safety and Health Act (OSHA) of North Carolina, enacted in 1973 to bring the state into conformity with national legislation, provided for the development, adoption, and implementation of safety and health standards in the workplace, periodic inspections, the creation of an investigatory/hearing procedure, and the establishment of remedies. To administer and implement this legislation, the 1973 General Assembly created the Occupational Safety and Health Division in the Department of Labor. A number of changes occurred in 1975. The Mine Safety and Health Act established a Mines and Quarry Division in the department to carry out the inspection and regulation of the state’s mines, and the Bureau of Boiler Inspection was made a separate division.
Includes: Administrative Division records; general correspondence; boards and commissions files; subject files; wage and hours files; Public Information Section files; Standard and Inspections Division files; Apprenticeship Division files; Elevator Division files, including accident reports; and Mine and Quarry Division files, including annual production reports.
Mental Health, Dept. of, 1949-1956
The North Carolina Hospitals Board of Control was created by the General Assembly in 1943 to provide a unified board for the state mental hospitals at Raleigh, Morganton, Goldsboro, and the Caswell Training School at Kinston. The Hospitals Board of Control was given the full statutory powers and duties of the former, independent boards of these institutions. The board was the earliest predecessor of the commission for Mental Health, Developmental Disabilities, and Substance Abuse Services.
In 1942 Governor Melville Broughton had appointed a board of inquiry to assess the State Hospital at Morganton and the whole system of mental health care. The board of inquiry recommended that a unified central board be established to improve the economy and quality of the institutions, and that the existing laws regarding the commitment and discharges of patients be revised.
Fifteen members of the Hospitals Board of Control were nominated by the governor and confirmed by the State Senate to serve five-year terms after staggered first terms. The secretary of the State Board of Health served on the board ex officio. The board was authorized to hire a superintendent of mental hygiene and a business manager to administer and manage the institutions. The board was also authorized to transfer patients between institutions. The superintendent of mental hygiene and the Hospitals Board of Control were charged with establishing a system of outpatient mental hygiene clinics to be operated through the state institutions.
Under the 1943 statute, the board was instructed to select executive committees of at least three board members for each institution and to meet annually at each institution to investigate its condition and management. Since 1869 the Board of Public Charities had been responsible for the statewide inspection and supervision of public and private mental health care facilities. This board continued to inspect the unified state mental hospitals and to report on their condition to the General Assembly.
The General Assembly of 1945 created the Mental Health Council to promote mental health and to study unmet needs related to treatment and prevention. The ex officio members of the council were officers of state medical, legal, or correctional agencies responsible for various aspects of mental health. Other members included representatives of North Carolina medical societies and a representative from the departments of psychiatry at each of the four-year medical schools. The General Assembly of 1945 revised the selection procedure for the fifteen members of the Hospitals Board of Control by having the governor appoint one member from each congressional district and three members-at- large. The board appointed a five-member executive committee which replaced the three-member executive boards for the individual institutions.
In 1945 the General Assembly appropriated funds to establish the Negro Training School for Feeble-Minded Children. The school was sited near the State Hospital at Goldsboro and placed under the control of the Hospitals Board of Control. The General Assembly of 1945 also amended the laws for committing a person to the state mental hospitals. Since the establishment of the Dorothea Dix Hospital in 1849, the rules and procedures for the admission of patients to mental institutions had been periodically modified. An act of the 1947 General Assembly further revised the procedures for the commitment and release of patients and also authorized the Hospitals Board of Control to acquire Camp Butner for the establishment of a new state hospital. In 1949 the General Assembly authorized the board to administer the newly created Alcoholic Rehabilitation Fund and to develop a program and facilities for this purpose and the Hospitals Board of Control was authorized to establish additional mental health facilities and programs for the treatment of alcoholism.
Includes: Mental Health Council minutes, annual reports and correspondence; Administration Section records; General Business Office correspondence; Research Section files; Statistics Section files; Substance Abuse Section files; and other records.
In this, the next of our continuing series on the records now available on Saturdays, I’m focusing on several collections related to the Dept. of Human Resources which have been moved to our new storage space in the Archives and Library building. The complete list of all the materials moved is available as a PDF from our website, but I’m breaking down the list into a series of blog posts.
More information about these collections can be found in our online catalog MARS, but it will likely take us a while to change the location codes in MARS and our other finding aids so we ask you to please be patient with us.
Human Resources, Dept. of, Division of Facility Services, Certificate of Need Section, 1973-1981
Applications received from medical facilities concerning their need to improve facilities or equipment. The series also contains correspondence between the applicants, the agency, and the U.S. Dept. of Health, Education, and Welfare. These applications, as required under the Public Health Service Act, are submitted whenever a project exceeds capital expenditure thresholds, a change in bed numbers or a change in category is requested, or when a new institutional health service is proposed. An alphabetical card index to these files is maintained by the agency, which has also been known as the State Health Planning and Development Agency.
Human Resources, Dept. of, N. C. Orthopedic Hospitals, 1900-1981
In 1917 the General Assembly appropriated funds to establish and maintain the North Carolina Orthopedic Hospital. The act stipulated that these initial state funds would be released for its construction and support if matching funds were pledged from other sources. The governor appointed a five-member search committee to select a site and a nine- member board of trustees who would begin serving after the hospital was sited. Three board members served in each category of two, four, and six-year terms of appointment. The board elected its own president, secretary, treasurer, and three-member executive committee. The search committee selected a site in Gastonia in 1919, and the hospital opened to receive its first patients in 1921.
Robert B. Babington, Sr., a Gastonia businessman, believed that North Carolina needed a hospital for crippled, medically indigent children. He began to organize support for the hospital in 1909. Babington then petitioned the assembly in 1911 and each successive seating until he was successful in 1917 in securing state support for the hospital project. The citizens of Gastonia raised the matching funds required to initiate construction, and Babington donated part of the land for the hospital. He also served as the president of the hospital board from 1917 until his death in 1935.
Although the North Carolina Orthopedic Hospital was a state institution, it was authorized to accept gifts and many civic organizations donated time, money, equipment, and services. Two major benefactors, E. T. Latta and Benjamin N. Duke, contributed the funds for a separate unit for black children, which opened in 1926. The hospital conducted a clinic in Goldsboro to serve patients in the eastern part of the state more conveniently and to conserve bed space at the Gastonia facility.
Under the Executive Organization Act of 1971, the North Carolina Orthopedic Hospital was transferred to the Department of Human Resources. The hospital and its board of directors retained their statutory powers and continued to function independently, although the managerial and executive authority was transferred to the secretary of the Department of Human Resources.
Under the Executive Organization Act of 1973, the Council for Institutional Boards was created to facilitate inter-institutional communication and the development of uniform policies in the operation and management of certain state institutions (hospitals, schools for the deaf and the blind, and the Confederate Woman’s Home). The chairmen of six boards of directors, including that of the North Carolina Orthopedic Hospital, constituted the council. The council advised the secretary of the Department of Human Resources, and the council chairman served on the Board of Human Resources. The Board of Directors for the North Carolina Orthopedic Hospital was re-created by this act (still nine members appointed by the governor for six-year terms).
In 1977 the joint House-Senate Base Budget Committee recommended that the North Carolina Orthopedic Hospital be closed. They noted that officials in the Department of Human Resources and members of the fiscal staff of the General Assembly had stated that the physical condition of the hospital was beyond repair. The hospital ceased to operate on 1 July 1979, and the board of directors for the hospital was formally abolished in 1981. The Lenox Baker Children’s Hospital, which had newer facilities, began to provide orthopedic services for those who had been cared for by the Orthopedic Hospital.
Records include: Subject files, Hospital Superintendent’s Statistical Reports, and Board of Directors Minutes files.
Human Resources, Dept. of, Division of Health Services, Epidemiology Section, Tuberculosis Branch, 1907-1980
Minutes of the Board of Directors of the North Carolina Sanatorium System (1923-1972), minutes of the Board of Directors of the North Carolina Specialty Hospitals System (1972-1980), material on hearings before the General Assembly’s Joint Committee on Appropriations (1931), sanitarium system financial reports (1932-1980), and various advisory subcommittee minutes (1966-1978) for Eastern NC, Gravely, McCain, and Western NC hospitals. The McCain Hospital material includes deeds, land plats, photographs, slides and cassette tape, pamphlets, and a “Patient Memory Book” created by Eleanor Syon Stacey (died in 1918). The illustrations are reprinted from the “Dow Collection” (Dow Chemical Co.?) and are of people who suffered from tuberculosis (or other ailments): Andrew Jackson, Jimmie Rodgers, Elizabeth Barrett Browning, Frederic Chopin, Christy Mathewson, Robert Lewis Stevenson, and John Henry “Doc” Holliday.
Human Resource, Dept. of Division of Health Services, Epidemiology Section, Occupational Health Branch, 1920’s-1981
Reports, budgets, inspection records, subject files, and other material of long-term value relating to the programs of the branch.
Yes, the rumors are true- the NC State Archives is branching out and opening a new office in the Land of Sky. The Western Regional Archives will be based out of the Western Office in Asheville and is in the process of getting the place ready for a grand opening on August 10th. The new Archivist, Heather South, has been moving boxes, making forms, cataloging books, setting up equipment, learning the ropes, and getting everything in place for our patrons. We are thrilled to finally be able to better serve the western part of the state so keep checking back for updates on our progress!
In this, the next of our continuing series on the records now available on Saturdays, I’m focusing on three more collections moved to our new storage space in the Archives and Library building. The complete list of all the materials moved is available as a PDF from our website, but I’m breaking down the list into a series of blog posts.
More information about these collections can be found in our online catalog MARS, but it will likely take us a while to change the location codes in MARS and our other finding aids so we ask you to please be patient with us.
Conservation and Development, 1883-1965
In 1924 Governor Cameron Morrison had given support to legislation for restructuring of the North Carolina Geological and Economic Survey, placing “the duty of a modern Department of Commerce” upon its board. This legislation failed, but Morrison’s successor, Governor Angus W, McLean also supported the restructure and enlargement of the North Carolina Geological and Economic Survey to advertise the states advantages and to promote the proper conservation of the state’s natural resources.
The 1925 General Assembly replaced the survey with the Department of Conservation and Development. The department’s statutory duties included the active promotion and development of the state’s commerce and industry, as well as the protection of its resources. In 1927 the department established a Division of Commerce and Industry to collect and tabulate information relevant to the state’s resources and potential development.
In 1930 the Division of Commerce and Industry merged with the Division of Public Relations this office had previously functioned within the Department of Conservation and Development. The Division of Commerce and Industry continued to promote the state through public relations until 1937, when the department was granted an appropriation that enabled it to create a separate Division of State Advertising.
In 1937 the Division of Commerce and Industry was enlarged to allow it to take a more active approach in recruiting new and diversified industry. Activities of the division during this time included programs to encourage home industries and rural industries, both of which became the foundation of efforts that continued into the next decade and beyond. In 1945 Governor Gregg Cherry appointed a Committee on Rural Industries to support the division’s activities. Composed of one hundred businessmen, the committee held meetings in eleven cities, seeking to stimulate interest in the possibilities of small rural industries that would utilize local labor and raw materials.
In 1953 the U.S. Congress established the Small Business Administration to provide counsel and financial assistance to small businesses throughout the country. In response, the Division of Commerce and Industry converted its home industries program into a Small Industries Section to promote the growth of locally owned and operated industries and the creation of new enterprises. In 1962 the Division of Commerce and Industry added a Food Processing Section to encourage the development of modern processing operations.
During the late 1950s and early 1960s, the Division of Travel Information (previously named the Division of State Advertising) worked in cooperation with the Division of Commerce and Industry, conducting “Get acquainted with North Carolina” events for newcomers to the state. The two divisions also worked on a project locating welcome centers at interstate highway exits near the state’s borders. The Division of Commerce and Industry subsequently established a Travel and Tourism Section that continued into the next decade.
During the mid-1960s, the Small Industries Section merged with the newly formed Community and Industrial Services Section. The section subsequently became the main arm of the Division of Commerce and Industry for the collection of community data to be stored in a computerized data bank for use by the division and various local development groups throughout the state. Another major function of the section involved determining the expansion requirements of various manufacturers within the state and their needs for materials, suppliers, and markets.
Under the Executive Organization Act of 1971, the Department of Conservation and Development was placed under the newly formed Department of Natural and Economic Resources, headed by a cabinet- level secretary appointed by the governor. The old Department of Conservation and Development and its board retained their previous statutory powers. During the initial phase of reorganization there was little structural change. However, the division was placed under an Office of Industrial, Tourist, and Community Resources, an administrative arm of the new department. During 1973 the Governor’s Efficiency Study Commission recommended that the office be restructured to include only the Division of Commerce and Industry and a Division of Science and Technology. According to the commission, the Board of Science and Technology should be altered to emphasize the commercial and industrial value of research and to aid the state’s economic growth.
Subsequently, the Department of Natural and Economic Resources was re-created and reorganized under the Executive Organization Act of 1973 and charged with promoting the state’s economic development. The functions and powers previously vested in the Department of Conservation and Development and its board were formally assigned to the new department, and the Department of Conservation and Development and its board ceased to exist.
Records include: Economic and Geological survey correspondence and subject file; board minutes and reports; Biennial reports; administrative reports and correspondence; activities of the department; miscellaneous subject files; assistant director administrative files; Division of Commerce and Industry; Advertising Division; Division of Mineral Resources; Fisheries Commissions Board; North Carolina Film Board files; and other materials.
Note: The Conservation and Development, Travel and Tourism Division photograph files are part of the Non-Textual Materials collection. Some of those materials are currently available online as part of the North Carolina Digital Collections.
Civilian Conservation Corps: Enrollment and Discharge Records, n.d.
The objectives of the Civilian Conservation Corps were two-fold; utilization of the country’s human resources and conservation of the country’s physical resources. These objectives were realized by employing thousands of young men between the ages of 18 and 25 in jobs that were a benefit to conservation, restoration and protection of forests, control of soil erosion and flood control, development of public parks, recreational and historic areas, wild life conservation and other useful public works. The Department of War was responsible for physical examination, enrollment, equipping and conditioning of the men. The Departments of Agriculture and the Interior were responsible for the selection and planning of work projects on national forests, parks, monuments, soil erosion control and the supervision of all projects on state and private lands and state parks. The North Carolina Emergency Relief oversaw local selecting agencies throughout the state to execute the details necessary to placing the men in camps. Of the total 66 camps, 28 were assigned to forest protection and preservation, 22 to soil erosion control, 9 to park projects, 3 to military reservations, 1 to wild life conservation and 3 to Tennessee Valley Authority projects.
Records include: Enrollment and discharge records, arranged in alphabetical order by county.
For more information about the Civilian Conservation Corps, visit our Work Projects in North Carolina exhibit.
Confederate Woman’s Home Association, Dept. of Human Resources, 1862, 1896-1976, n.d.
In 1913 the General Assembly incorporated the Confederate Woman’s Home Association to establish, maintain, and govern a home for needy and dependent wives and widows of NC Confederate soldiers and other “worthy dependent women of the Confederacy”. The association was also to assist indigent Confederate women in their own homes throughout the state. The association was governed by a seven-member board of directors appointed by the governor for two-year terms, who then elected their own president and secretary. The state treasurer served as ex officio treasurer of the association, and it was to be incorporated for forty years. The board established rules and regulations for the maintenance and operation of the home, and for the collection and disbursement of funds for needy Confederate women living elsewhere in the state.
An advisory board of ten “lady managers” was also created to assist the board of directors in the management and furnishing of the home, and in the solicitation of donations to the association. The lady managers were appointed by the board of directors for two-year terms. Vacancies on this advisory board, including the expiration of terms, were to be filled by women who represented each congressional district in the state.
In 1949 the General Assembly extended the corporation’s existence to 1 January 1960. It also added the category of deserving daughters of NC Confederate soldiers to the statute’s criteria of admission to the home, providing that no daughters should be admitted after 1 January 1953. In 1953 this proviso was repealed. Amendments in 1959 and 1969 each added an additional ten-year term of existence to the association.
The Executive Organization Act of 1971 permitted the board and the association to retain full statutory powers, but placed the Confederate Woman’s Home Association under the newly-created Department of Human Resources for administrative purposes. The Executive Organization Act of 1973 re-created the Department of Human Resources and restated the composition of the board for the association (seven members appointed by the governor for two-year terms) and its duties, which had remained generally consistent over sixty years.
In 1981 both the secretary of Human Resources and the board of directors for the home recommended that the General Assembly close the Confederate Woman’s Home, out of concern for the safety of the few remaining residents and the expense of maintaining a dilapidated structure. The General Assembly dissolved the Confederate Woman’s Home Association and closed the home effective 1 July 1981. The state assumed responsibility for relocating the remaining residents in nursing or rest homes and for bearing the non-federally funded share of the cost of their care. Title to the stocks held by the association were transferred back to the North Carolina Division of the United Daughters of the Confederacy. The board, prior to its abolition, was authorized to dispose of the personal property, furnishings, and paintings in the home.
Records include: superintendent’s correspondence, financial records, menus, subject files, and memorabilia.