NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 1094

HOUSE BILL 1567

 

 

AN ACT TO PROVIDE SPECIFIC AUTHORITY TO THE DEPARTMENT OF HUMAN RESOURCES TO CONTRACT WITH THIRD PARTIES, AND COUNTIES TO CONTRACT FOR HEALTH, SOCIAL SERVICES AND SENIOR CITIZEN SERVICES, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION'S COMMITTEE ON AGING.

 

Whereas, the North Carolina Supreme Court on April 20, 1979, in the case of Hughey v. Cloninger has required statutory authority for third party contracts; Now, therefore,

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 143B of the General Statutes is amended by adding a new section to read:

"§ 143B-139.3.  Department of Human Resources authorized to contract with other entities. — The Department of Human Resources is authorized to contract with any governmental agency, person, association, or corporation for the accomplishment of its duties and responsibilities provided that the expenditure of funds pursuant to such contracts shall be for the purposes for which the funds were appropriated and is not otherwise prohibited by law."

Sec. 2.  Article 13 of Chapter 153A of the General Statutes is amended by adding a new Part to read:

"Part 3. Health and Social Services Contracts.

"§ 153A-259.  Counties authorized to contract with other entities for health and social services. — A county is authorized to contract with any governmental agency, person, association, or corporation for the provision of health or social services provided that the expenditure of funds pursuant to such contracts shall be for the purpose for which the funds were appropriated and is not otherwise prohibited by law."

Sec. 3.  G.S. 153A-445 is amended by adding a new subdivision to read: "(6) G.S. 160A-497. Senior citizens programs."

Sec. 4.  G.S. 160A-497 is amended in the first, third, and fourth sentences by deleting the word "city" and inserting in lieu thereof the words "city or county".

Sec. 5.  G.S. 160A-497 is amended in the second sentence by deleting the words "city council" and inserting in lieu thereof the words "city council or county".

Sec. 6.  This act is effective upon ratification. All contracts which would be permissible under this act which were entered into on or after April 20, 1979, are hereby validated.

In the General Assembly read three times and ratified, this the 17th day of June, 1980.