NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 841

SENATE BILL 422

 

 

AN ACT TO AMEND CHAPTER 143 OF THE GENERAL STATUTES RELATING TO THE EXECUTIVE BUDGET ACT AND PUBLIC CONTRACTS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 143 of the General Statutes is hereby amended by inserting a new Section immediately following G.S. 143-18, to be designated as G.S. 143-18.1, and to read as follows:

"G.S. 143-18.1.  The Director of the Budget and the Advisory Budget Commission may, upon the request of the administration of a State agency or institution when, in their opinion, it is in the best interest of the State to do so, increase or decrease the costs and scope of a Capital Improvement Project within the appropriation made to that State agency or institution within the Capital Improvement Appropriation to that agency or institution for that biennium.

"The Director of the Budget and the Advisory Budget Commission may when, in their opinion, it is in the best interest of the State to do so and upon the request of the administration of any State agency or institution authorize the construction of a Capital Improvement Project not specifically provided for or authorized by the General Assembly when funds become available by gifts or grants. All expenditures under this authorization shall be handled in full compliance with the provisions of the Executive Budget Act.

"The agency shall support its request for such Capital Improvement Project, or Projects, with the following information: The estimated annual operating costs for (1) utilities; (2) maintenance; (3) repairs; (4) additional personnel; (5) any and all other expenses to the State resulting from the addition of this facility to the plant of the institution."

Sec. 2.  G.S. 143-129, as the same appears in the 1964 Replacement Volume of the General Statutes is hereby amended by striking out the second sentence in the seventh paragraph and inserting in lieu thereof the following:

"In the event the lowest responsible bid is in excess of the funds available for such purpose, such board or governing body is authorized to enter into negotiations with the lowest responsible bidder above-mentioned and may award such contract to such bidder upon recommendation of the Department of Administration, and if such bidder will agree to perform the same at a sum within the funds available therefor."

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall be in full force and effect upon its ratification.

In the General Assembly read three times and ratified, this the 8th day of June, 1965.