NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 887

SENATE BILL 424

 

 

AN ACT TO PROHIBIT EMPLOYMENT OF CONSULTANTS BY STATE AGENCIES WITHOUT APPROVAL OF THE GOVERNOR.

 

The General Assembly of North Carolina enacts:

 

Section 1.  (a) For purposes of this act the term "agency" shall mean every State agency, institution, board, commission, bureau, department, division, council, member of the Council of State, or officer of the State government.

(b)        No State agency shall contract to obtain services of a consultant or advisory nature unless the proposed contract has been justified to and approved in writing by the Governor of North Carolina. All written approvals shall be maintained on file as part of the agency's records for not less than five years.

Sec. 2.  The Governor, before granting written approval of any such contract, must find: (1) That the contract is reasonably necessary to the proper function of such State agency; and (2) That such services or advice cannot be performed within the resources of such State agency; (3) That the estimated cost is reasonable as compared with the likely benefits or results; and (4) That the General Assembly has appropriated funds for such contract or that such funds are otherwise available; and (5) That all rules and regulations of the Division of Purchase and Contract have been or will be complied with.

Sec. 3.  The rules and regulations of the Division of Purchase and Contract shall include provisions to assure that all consultant contracts let by State agencies shall be made with other agencies of the State of North Carolina, if such contract can reasonably be performed by them; or otherwise, that wherever practicable a sufficient number of sources for the performance of such contract are solicited for competitive proposals and that such proposals are properly evaluated for award to the State's best advantage.

Sec. 4.  No disbursement of State funds shall be made and no such contract shall be binding until the provision of Sections 2 and 3 have been complied with. Any employee or official of the State of North Carolina who violates this Chapter shall be liable to repay any amount expended in violation of this act, plus court costs.

Sec. 5.  This act shall not apply to the General Assembly, special study commissions, or the Institute of Government, nor shall it apply to attorneys employed by the North Carolina Department of Justice, or physicians or doctors performing contractural services for any State agency.

Sec. 6.  There is hereby appropriated from the General Fund for the purposes of this act to the Division of Purchase and Contract of the Department of Administration the sum of fifty thousand dollars ($50,000) for fiscal year 1975-1976 and the sum of fifty thousand dollars ($50,000) for fiscal year 1976-1977.

Sec. 7.  This act shall become effective 30 days after ratification, or on July 1, 1975, whichever date occurs earlier.

In the General Assembly read three times and ratified, this the 26th day of June, 1975.