GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
HOUSE BILL 747
RATIFIED BILL
AN ACT increasing the force account limit for the city of asheville and buncombe county and for the Town of Dallas for construction or repair projects.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 143-135 reads as rewritten:
"§ 143-135. Limitation of application of Article.
Except for the provisions of
G.S. 143-129 requiring bids for the purchase of apparatus, supplies,
materials or equipment, this Article shall not apply to construction or repair
work undertaken by the State or by subdivisions of the State of North Carolina
(i) when the work is performed by duly elected officers or agents using force
account qualified labor on the permanent payroll of the agency concerned and
(ii) when either the total cost of the project, including without limitation
all direct and indirect costs of labor, services, materials, supplies and
equipment, does not exceed one hundred twenty-five thousand dollars
($125,000) or the total cost of labor on the project does not exceed fifty
thousand dollars ($50,000);two hundred fifty thousand dollars
($250,000); provided that, for The University of North Carolina and its
constituent institutions, force account qualified labor may be used (i) when
the work is performed by duly elected officers or agents using force account
qualified labor on the permanent payroll of the university and (ii) when either
the total cost of the project, including, without limitation, all direct and
indirect costs of labor, services, materials, supplies, and equipment, does not
exceed two hundred thousand dollars ($200,000) or the total cost of labor on
the project does not exceed one hundred thousand dollars ($100,000). This force
account work shall be subject to the approval of the Director of the Budget in
the case of State agencies, of the responsible commission, council, or board in
the case of subdivisions of the State. Complete and accurate records of the
entire cost of such work, including without limitation, all direct and indirect
costs of labor, services, materials, supplies and equipment performed and
furnished in the prosecution and completion thereof, shall be maintained by
such agency, commission, council or board for the inspection by the general
public. Construction or repair work undertaken pursuant to this section shall
not be divided for the purposes of evading the provisions of this
Article."
SECTION 1.(b) This section applies only to Marjorie Street, Valley Street, College Street, and Davidson Street projects in the areas of the Buncombe County jail annex.
SECTION 1.(c) This section applies only to the City of Asheville and County of Buncombe.
SECTION 1.(d) This section expires July 1, 2010.
SECTION 2.(a) G.S. 143-135 reads as rewritten:
"§ 143-135. Limitation of application of Article.
Except for the provisions of
G.S. 143-129 requiring bids for the purchase of apparatus, supplies,
materials or equipment, this Article shall not apply to construction or repair work
undertaken by the State or by subdivisions of the State of North Carolina (i)
when the work is performed by duly elected officers or agents using force
account qualified labor on the permanent payroll of the agency concerned and
(ii) when either the total cost of the project, including without limitation
all direct and indirect costs of labor, services, materials, supplies and
equipment, does not exceed one hundred twenty-five thousand dollars
($125,000) or the total cost of labor on the project does not exceed fifty
thousand dollars ($50,000); two hundred fifty thousand dollars
($250,000); provided that, for The University of North Carolina and its
constituent institutions, force account qualified labor may be used (i) when
the work is performed by duly elected officers or agents using force account
qualified labor on the permanent payroll of the university and (ii) when either
the total cost of the project, including, without limitation, all direct and
indirect costs of labor, services, materials, supplies, and equipment, does not
exceed two hundred thousand dollars ($200,000) or the total cost of labor on
the project does not exceed one hundred thousand dollars ($100,000). This force
account work shall be subject to the approval of the Director of the Budget in
the case of State agencies, of the responsible commission, council, or board in
the case of subdivisions of the State. Complete and accurate records of the
entire cost of such work, including without limitation, all direct and indirect
costs of labor, services, materials, supplies and equipment performed and
furnished in the prosecution and completion thereof, shall be maintained by
such agency, commission, council or board for the inspection by the general
public. Construction or repair work undertaken pursuant to this section shall
not be divided for the purposes of evading the provisions of this
Article."
SECTION 2.(b) This section applies only to the police department renovation.
SECTION 2.(c) This section applies only to the Town of Dallas.
SECTION 2.(d) This section expires July 1, 2011.
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 11th day of June, 2009.
_____________________________________
Marc Basnight
President Pro Tempore of the Senate
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Joe Hackney
Speaker of the House of Representatives