GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

 

 

SESSION LAW 1998-45

SENATE BILL 1093

 

 

AN ACT TO REQUIRE THE DEPARTMENT OF ADMINISTRATION TO CERTIFY THE BROAD FEASIBILITY OF STATE CONSTRUCTION PROJECTS AND MAKE THAT CERTIFICATION A PREREQUISITE TO FUNDING.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 143-341(3) reads as rewritten:

"(3)      Architecture and Engineering:

a.         To examine and approve all plans and specifications for the construction or renovation of:

1.         All State buildings; and

2.         All community college buildings requiring the estimated expenditure for construction or repair work for which public bidding is required under G.S. 143-129

            prior to the awarding of a contract for such work; and to examine and approve all changes in those plans and specifications made after the contract for such work has been awarded.

b.         To prepare preliminary studies and cost estimates and otherwise to assist assist, as necessary, all agencies in the preparation of requests for appropriations for the construction or renovation of all State buildings.

b1.       To certify that a statement of needs pursuant to G.S. 143-6 is feasible.  For purposes of this sub-subdivision, 'feasible' means that the proposed project is sufficiently defined in overall scope;  building program;  site development;  detailed design, construction, and equipment budgets;  and comprehensive project scheduling so as to reasonably ensure that it may be completed with the amount of funds requested.  At the discretion of the General Assembly, advanced planning funds may be appropriated in support of this certification. This sub-subdivision shall not apply to requests for appropriations of less than one hundred thousand dollars ($100,000).

c.         To supervise the letting of all contracts for the design, construction or renovation of all State buildings and all community college buildings whose plans and specifications must be examined and approved under a.2. of this subdivision.

d.         To supervise and inspect all work done and materials used in the construction or renovation of all State buildings and all community college buildings whose plans and specifications must be examined and approved under a.2. of this subdivision; and no such work may be accepted by the State or by any State agency until it has been approved by the Department.

Except for sub-subdivision b., this subdivision does not apply to the design, construction, or renovation or projects by The University of North Carolina pursuant to G.S. 116-31.11."

Section 2.  G.S. 143-6 reads as rewritten:

"§ 143-6.  Information from departments and agencies asking State aid.

(a)       On or before the first day of September in the even-numbered years, each of the departments, bureaus, divisions, officers, boards, commissions, institutions, and other State agencies and undertakings receiving or asking financial aid from the State, or receiving or collecting funds under the authority of any general law of the State, shall furnish the Director all the information, data and estimates which he may request with reference to past, present and future appropriations and expenditures, receipts, revenue, and income.

(b)       Any department, bureau, division, officer, board, commission, institution, or other State agency or undertaking desiring to request financial aid from the State for the purpose of constructing or renovating any State building, utility, or other property development (except a railroad, highway, or bridge structure) shall, before making any such request for State financial aid, submit to the Department of Administration a statement of its needs in terms of space and other physical requirements, and shall furnish the Department with such additional information as it may request.  The Department of Administration shall then prepare preliminary studies and cost estimates for the use of review the statement of needs submitted by the requesting department, bureau, division, officer, board, commission, institution, or other State agency or undertaking in presenting its request to the Director of the Budget. and perform additional analysis, as necessary, to comply with G.S. 143-341.

(b1)     All requests for financial aid for the purpose of constructing or renovating any State building, utility, or other property development (except a railroad, highway, or bridge structure) shall be accompanied by a certification from the Department of Administration as outlined in G.S. 143-341.  The General Assembly may provide advanced planning funds but shall only provide construction funds when the requirements of this subsection have been met.  This subsection shall not apply to requests for appropriations of less than one hundred thousand dollars ($100,000).

(c)       On or before the first day of September in the even-numbered years, each of the departments, bureaus, divisions, officers, boards, commissions, institutions, and other State agencies receiving or asking financial aid or support from the State, under the authority of any general law of the State, shall furnish the Director with the following information:

(1)       The amount of State funds disbursed in the immediately preceding two fiscal years and the purpose for which the funds were disbursed and used, the amount being requested as continuation funds for the upcoming fiscal year, and the justification for continued State support; and

(2)       Justification for continued State support shall include information on the extent of the public benefit being derived from State support."

Section 3. This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 2nd day of July, 1998.

s/   Dennis A. Wicker

President of the Senate

 

s/   Harold J. Brubaker

Speaker of the House of Representatives

 

s/   James B. Hunt, Jr.

Governor

 

Approved 5:25 p.m. this 15th day of July, 1998