reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 3D - Procurement of Architectural, Engineering, and Surveying Services. › § 143-64.32 - Written exemption of particular contracts.

§ 143-64.32. Written exemption of particular contracts.
Units of local government or the North Carolina Department of Transportation may in writing exempt particular projects from the provisions of this Article in the case of proposed projects where an estimated professional fee is in an amount less than fifty thousand dollars ($50,000). (1987, c. 102, s. 2; 2013-401, s. 2.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 3D - Procurement of Architectural, Engineering, and Surveying Services. › § 143-64.33 - Advice in selecting consultants or negotiating consultant contracts.

§ 143-64.33. Advice in selecting consultants or negotiating consultant contracts.
On architectural, engineering, or surveying contracts, the Department of Transportation or the Department of Administration may provide, upon request by a county, city, town or other subdivision of the State, advice in the process of selecting consultants or in negotiating consultant contracts with architects, engineers, or surveyors or any or all. (1987, c. 102, s. 3; 1989, c. 230, s. 3, c. 770, s. 44.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 3D - Procurement of Architectural, Engineering, and Surveying Services. › § 143-64.34 - Exemption of certain projects.

§ 143-64.34. Exemption of certain projects.
State capital improvement projects under the jurisdiction of the State Building Commission, capital improvement projects of The University of North Carolina, and community college capital improvement projects, where the estimated expenditure of public money is less than five hundred thousand dollars ($500,000), are exempt from the provisions of this Article. (1987, c. 102, s. 3.1; c. 830, s. 78(a); 1997-314, s. 1; 1997-412, s. 5; 2001-496, ss. 8(b), 8(c); 2005-300, s. 1; 2005-370, s. 1; 2007-322, s. 2; 2007-446, s. 7.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 3E - State/Public School Child Care Contracts. › § 143-64.50 - State/public school-contracted on-, near-site child care facilities; location authorization; contract for program services authorization.

§ 143-64.50. State/public school-contracted on-, near-site child care facilities; location authorization; contract for program services authorization.
State agencies and local boards of education may contract with any city, county, or other political subdivision of the State, governmental or private agency, person, association, or corporation to establish child care services in State buildings and public schools. If the child care program is located in a State building that is not used for legislative activity, the procedure for approving the location of the program shall be pursuant to G.S. 143-341(4). If the child care program is located in a State building used for legislative activity, the procedure for approving the location of the program shall be pursuant to G.S. 120-32.1. If the child care program is located in any other State building, the procedure for contracting for child care services shall be pursuant to G.S. 143-49(3). If the child care program is located in a State building used for legislative activity, the procedure for contracting for child care services shall be pursuant to G.S. 120-32(4).
Contracts for services awarded pursuant to this section are exempt from the provisions of G.S. 66-58(a) and the contract may provide for payment of rent by the lessee or the operator of the facility. (1991, c. 345, s. 1; 1997-506, s. 49.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 3E - State/Public School Child Care Contracts. › § 143-64.51 - State/public school-contracted child care facilities; licensing requirements.

§ 143-64.51. State/public school-contracted child care facilities; licensing requirements.
All child care facilities established pursuant to this Article shall be licensed and regulated under the provisions of Article 7 of Chapter 110 of the General Statutes, entitled "Child Care Facilities." (1991, c. 345, s. 1; 1997-506, s. 50.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 3E - State/Public School Child Care Contracts. › § 143-64.52 - State/public school-contracted child care facilities; limitation of State/local board liability.

§ 143-64.52. State/public school-contracted child care facilities; limitation of State/local board liability.
The operators of the child care facilities established pursuant to this Article shall assume all financial and legal responsibility for the operation of the programs and shall maintain adequate insurance coverage for the operations taking place in the facilities. Neither the operator or any of the staff of the facilities are considered State employees or local board of education employees by virtue of this Article alone. The State or the local boards of education are financially and legally responsible only for the maintenance of the building. (1991, c. 345, s. 1; 1997-506, s. 51.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 3F - State Privacy Act. › § 143-64.60 - State Privacy Act.

§ 143-64.60. State Privacy Act.
(a) It is unlawful for any State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number.
The provisions of this subsection shall not apply with respect to:
(1) Any disclosure which is required or permitted by federal statute, or
(2) The disclosure of a social security number to any State or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual.
(b) Any State or local government agency which requests an individual to disclose his social security account number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it. (2001-256, s. 1; 2001-487, s. 87.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 3H - Overpayments of State Funds. › § 143-64.80 - Overpayments of State funds to persons in State-supported positions; recoupment required.

§ 143-64.80. Overpayments of State funds to persons in State-supported positions; recoupment required.
(a) An overpayment of State funds to any person in a State-funded position, whether in the form of salary or otherwise, shall be recouped by the entity that made the overpayment and, to the extent allowed by law, the amount of the overpayment may be offset against the net wages of the person receiving the overpayment.
(b) No State department, agency, or institution, or other State-funded entity may forgive repayment of an overpayment of State funds, but shall have a duty to pursue the repayment of State funds by all lawful means available, including the filing of a civil action in the General Court of Justice. (2003-263, s. 1.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 5 - Check on License Forms, Tags and Certificates Used or Issued › § 143-107 - Transferred to § 143-106 by Session Laws 1951, c1010, s2.

§ 143-107. Transferred to § 143-106 by Session Laws 1951, c. 1010, s. 2.
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 6 - Officers of State Institutions. › § 143-108 - Secretary to be elected from directors.

§ 143-108. Secretary to be elected from directors.
The board of directors of the various State institutions shall elect one of their number as secretary, who shall act as such at all regular or special meetings of such boards. (1907, c. 883, s. 1; C.S., s. 7517.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 6 - Officers of State Institutions. › § 143-109 - Directors to elect officers and employees.

§ 143-109. Directors to elect officers and employees.
All officers and employees of the various State institutions who hold elective positions shall be nominated and elected by the board of directors of the respective institutions. (1907, c. 883, s. 3; C.S., s. 7518.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 6 - Officers of State Institutions. › § 143-110 - Places vacated for failure to attend meetings.

§ 143-110. Places vacated for failure to attend meetings.
Unless otherwise specially provided by law, whenever a trustee or director of any institution supported in whole or in part by State appropriation shall fail to be present for two successive years at the regular meetings of the board, his place as trustee or director shall be deemed vacant and shall be filled as provided by law for other vacancies on such boards.
This section shall not apply to any trustee or director who holds office as such by virtue of another public office held by him and shall not apply to any trustee or director chosen by any agency or authority other than the State of North Carolina. (1927, c. 225.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 6 - Officers of State Institutions. › § 143-111 - Director not to be elected to position under board.

§ 143-111. Director not to be elected to position under board.
It shall be unlawful for any board of directors, board of trustees or other governing body of any of the various State institutions (penal, charitable, or otherwise) to appoint or elect any person who may be or has been at any time within six months a member of such board of directors, board of trustees, or other governing body, to any position in the institution, which position may be under the control of such board of directors, board of trustees, or other governing body. (1909, c. 831; C.S., s. 7519.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 6 - Officers of State Institutions. › § 143-112 - Superintendents to be within call of board meetings.

§ 143-112. Superintendents to be within call of board meetings.
The superintendent of each of the various State institutions shall be present on the premises of his institution and within the call of the board of directors during all regular or special meetings of the board, and shall respond to all calls of the board for any information which it may wish at his hands. (1907, c. 883, s. 1; C.S., s. 7520.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 6 - Officers of State Institutions. › § 143-113 - Trading by interested officials forbidden.

§ 143-113. Trading by interested officials forbidden.
The directors, stewards, and superintendents of the State institutions shall not trade directly or indirectly with or among themselves, or with any concern in which they are interested, for any supplies needed by any such institutions. (1907, c. 883, s. 2; C.S., s. 7521.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 6 - Officers of State Institutions. › § 143-114 - Diversion of appropriations to State institutions.

§ 143-114. Diversion of appropriations to State institutions.
It shall be unlawful for the board of trustees, board of directors, or other body controlling any State institution, to divert, use, or expend any moneys appropriated for the use of said institutions for its permanent improvement and enlargement to the payment of any of the current expenses of said institution or for the payment of the cost of the maintenance thereof; it shall likewise be unlawful for any board of trustees, board of directors, or other controlling body of any State institution to which money is appropriated for its maintenance by the State to divert, use or expend any money so appropriated for maintenance, for the permanent enlargement or permanent equipment, or the purchase of land for said institution. (1921, c. 232, s. 1; C.S., s. 7521 (a).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 6 - Officers of State Institutions. › § 143-115 - Trustee, director, officer or employee violating law guilty of misdemeanor.

§ 143-115. Trustee, director, officer or employee violating law guilty of misdemeanor.
Any member or members of any board of trustees, board of directors, or other controlling body governing any of the institutions of the State, or any officer, employee of, or person holding any position with any of the institutions of the State, violating any of the provisions of G.S. 143-114, shall be guilty of a Class 1 misdemeanor, and upon conviction in any court of competent jurisdiction judgment shall be rendered by such court removing such member, officer, employee, or person holding any position from his place, office or position. (1921, c. 232, s. 2; C.S., s. 7521 (b); 1993, c. 539, s. 1005; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 6 - Officers of State Institutions. › § 143-116 - Venue for trial of offenses.

§ 143-116. Venue for trial of offenses.
All offenses against G.S. 143-114 and 143-115 shall be held to have been committed in the County of Wake and shall be tried and disposed of by the courts of said county having jurisdiction thereof. (1921, c. 232, s. 3; C.S., s. 7521 (c).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 6A - Rules of Conduct; Traffic Laws for Institutions. › § 143-116.6 - Rules concerning conduct; violation.

§ 143-116.6. Rules concerning conduct; violation.
(a) The Secretary of Health and Human Services may adopt rules for State-owned institutions under the jurisdiction of the Department of Health and Human Services for the regulation and deportment of persons in the buildings and grounds of the institutions, and for the suppression of nuisances and disorder. Rules adopted under this section shall be consistent with G.S. 14-132. Copies of the rules shall be posted at the entrance to the grounds and at different places on the grounds.
(b) Any person violating such rules shall, upon conviction, be guilty of a Class 2 misdemeanor. (1981, c. 614, s. 5; 1987, c. 827, s. 255; 1993, c. 539, s. 1006; 1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s. 11A.118(a).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 7 - Persons Admitted to Department of Health and Human Services Institutions to Pay Costs. › § 143-117 - Institutions included.

§ 143-117. Institutions included.
All persons admitted to the following institutions operated by the Department of Health and Human Services are required to pay the actual cost of their care, treatment, training, and maintenance at these institutions: regional psychiatric hospitals, special care centers, regional developmental centers, schools for children with serious emotional disturbances, and alcohol and drug abuse treatment centers. (1925, c. 120, s. 1; 1949, c. 1070; 1957, c. 1232, s. 29; 1959, c. 1028, ss. 1-7; 1967, c. 188, s. 1; c. 834, s. 1; 1969, c. 20; c. 837, s. 4; 1971, c. 469; 1981, c. 562, s. 6; 1985, c. 508, s. 2; 1987, c. 856, s. 14; 1989, c. 145, s. 2; 1997-443, ss. 11A.92, 11A.118(a); 2019-76, s. 26.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 7 - Persons Admitted to Department of Health and Human Services Institutions to Pay Costs. › § 143-117.1 - Definitions.

§ 143-117.1. Definitions.
The following definitions apply in this Article:
(1) Care. – Care, treatment, training, maintenance, habilitation, and rehabilitation of a person admitted to institutions covered by this Article.
(2) Department. – The Department of Health and Human Services.
(3) Persons admitted. – Clients of regional psychiatric hospitals, State special care centers, regional developmental centers, schools for children with serious emotional disturbances, and alcohol and drug abuse treatment centers, including clients who may be treated on an outpatient basis.
(4) Secretary. – The Secretary of Health and Human Services. (1985, c. 508, s. 3; 1987, c. 856, s. 15; 1989, c. 145, s. 3; c. 770, s. 41; 1997-443, s. 11A.118(a); 2019-76, s. 27.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 7 - Persons Admitted to Department of Health and Human Services Institutions to Pay Costs. › § 143-118 - Secretary of Health and Human Services to fix cost and charges.

§ 143-118. Secretary of Health and Human Services to fix cost and charges.
(a) The Secretary shall determine and fix the actual cost of care to be paid by and for each person admitted to an institution. The Secretary is given full and final authority to fix a general rate of charge based on said actual cost of providing care, to be paid by persons admitted able to pay the rate or charge, or, in cases where indigent persons admitted are later found to be nonindigent, then cost for their care shall be paid in one or more payments based on the rate of charge in effect for the period or periods of time during which the persons admitted were receiving care in the institutions.
(b), (c) Repealed by Session Laws 1985, c. 508, s. 5.
(d) The Secretary shall ascertain which of the persons admitted or persons legally responsible for them are financially able to pay the cost fixed.
(e) The Secretary is empowered to enter into contracts of compromise of accounts owing to the institution for past, present or future care at the institutions, including but not limited to the authority to enter into a contract to charge nothing, which contract shall be binding on the respective institution under the terms and for the period specified in the contract. The rates set by the compromise shall be determined in the discretion of the Secretary by the ability to pay of the person admitted or the person legally responsible for his support. This subsection shall not be construed as mandatory and if a contract is not entered into or terminates or if the obligor defaults in the payment of a compromise account or any installment, then the full actual cost of care shall be assessed against the person admitted.
(f) For any client admitted under Part 2 of Article 5 of G.S. 122C to a State facility for the mentally ill designated for research purposes in accordance with G.S. 122C-210.2, the Secretary may reduce the rates set by compromise in G.S. 143-118(e) by not more than one-half the amount of that rate. (1925, c. 120, s. 2; 1935, c. 186, s. 1; 1981, c. 562, s. 6; 1985, c. 508, ss. 4-6; 1987, c. 358, s. 2; 1997-443, s. 11A.118(a).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 7 - Persons Admitted to Department of Health and Human Services Institutions to Pay Costs. › § 143-119 - Payments.

§ 143-119. Payments.
(a) The cost of care when fixed by the Secretary shall be paid by the person admitted or by the person legally responsible for payment. The payment of the cost of care constitutes a valid expenditure of funds held by a fiduciary of a person admitted, including Clerks of Court, and a receipt for payment of such costs shall be a valid voucher in the fiduciary's settlement of his accounts of his trust.
(b) Immediately upon the determination of the cost, the person admitted or the person legally responsible for paying the cost shall be notified of the amount due and a statement shall be rendered on a monthly basis.
(c) If the person admitted or the person legally responsible for paying the cost is not able to pay the total cost due on a monthly basis, the Secretary may arrange for the payment of a portion of the cost monthly and extend the payments until the costs are paid or may arrange for any other method of payment.
(d) The institutions shall maintain a list of all unpaid accounts for audit by the State auditors.
(e) The Secretary may discharge from the institution persons admitted who have been found able to pay but who refuse to pay costs fixed against them, unless the person was committed by an order of a court of competent jurisdiction. (1925, c. 120, s. 3; 1935, c. 186, s. 2; 1983, c. 23, s. 2; c. 806; 1985, c. 508, s. 7.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 7 - Persons Admitted to Department of Health and Human Services Institutions to Pay Costs. › § 143-121 - Action to recover costs.

§ 143-121. Action to recover costs.
(a) Immediately upon the fixing of the amount of actual cost, a cause of action shall accrue for the costs in favor of the State for the use of the institution in which the person admitted received care against the person admitted or person legally responsible for paying the costs.
(b) The State for the use of the institution may sue upon the cause of action in the courts of Wake County, in the courts of the county in which the institution is located, or in the courts of the county where the defendant resides.
(c) In any action to recover the cost of care, a verified and itemized statement of the account signed by the reimbursement director of the institution showing the period of time during which the person admitted was receiving care in the institution, the daily or monthly rate of charge fixed by the Secretary, the total amount due on the account, and the proper credits for any payments which may have been made on the account, shall be filed with the complaint and shall constitute a prima facie case. The State shall be entitled to a judgment in the case in the absence of allegation and proof on the part of the person admitted or person legally responsible for paying the costs that the verified and itemized statement is not correct because of:
(1) An error in the calculation of the amount due predicated upon the rate of charge fixed by the Secretary;
(2) An error as to the period of time during which the person admitted received care in the institution; or
(3) An error in not properly crediting the account with any payment which may have been made.
(d) The provisions of this Article directing the Secretary to determine which of the persons admitted are nonindigent and able to pay for their care, notify the person admitted or person legally responsible for the cost of his care of the amount due, to render a statement of the amount due monthly, to discharge persons admitted found able to pay but who refuse to pay and all of the other provisions relating to the manner in which the Secretary shall assess and collect costs are directory and not mandatory. The failure of the Secretary to perform any of these provisions shall not affect the right of the State to recover in any action brought for the cost of care against the person admitted, a person legally responsible for the cost of his care, or his estate if he has died. (1925, c. 120, s. 5; 1985, c. 508, s. 9.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 7 - Persons Admitted to Department of Health and Human Services Institutions to Pay Costs. › § 143-121.1 - Ratification of past acts.

§ 143-121.1. Ratification of past acts.
The past acts of the Secretary, boards of directors of the institutions and the North Carolina Hospital Board of Control in fixing the rate to be paid by persons admitted are hereby in every respect ratified and validated, and on all claims and causes of action now pending or which hereafter may be made or begun for the payment of the past indebtedness for care, the rates fixed by the party authorized the fix rates at the time the care was provided shall prevail and collections shall be made in accordance with those rates unless the Secretary enters into a contract compromising the account. (1985, c. 508, s. 10.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 7 - Persons Admitted to Department of Health and Human Services Institutions to Pay Costs. › § 143-122 - No limitation of action.

§ 143-122. No limitation of action.
No statute of limitation shall apply to or constitute a defense to any cause of action asserted by the State under this Article and all statutes containing limitations which might apply to these actions are hereby repealed as to all such causes of action for costs previously incurred and now remaining unpaid. (1925, c. 120, s. 6; 1985, c. 508, s. 11.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 7 - Persons Admitted to Department of Health and Human Services Institutions to Pay Costs. › § 143-123 - Power to admit indigent persons.

§ 143-123. Power to admit indigent persons.
(a) This Article shall not be construed to limit the authority of the institutions to provide care to all indigent persons who are otherwise entitled to admission in any of the institutions.
(b) If at any time any person admitted and determined to be indigent shall succeed to or inherit, or acquire, in any manner, property or otherwise be reputed to be solvent, then the State shall have the full right and authority to collect and sue for the entire cost of care without hinderance of any statute of limitations. (1925, c. 120, s. 7; 1985, c. 508, s. 11.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 7 - Persons Admitted to Department of Health and Human Services Institutions to Pay Costs. › § 143-124 - Suit by Attorney General; venue.

§ 143-124. Suit by Attorney General; venue.
At the request of the institution, all actions and suits shall be prosecuted by the Attorney General. The institution shall have the right to select the venue of the action. (1925, c. 120, s. 8; 1985, c. 508, s. 11.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 7 - Persons Admitted to Department of Health and Human Services Institutions to Pay Costs. › § 143-125 - Judgment; never barred.

§ 143-125. Judgment; never barred.
Any judgment obtained by the State under this Article shall never be barred by any statute of limitation but shall to the extent unpaid continue in force; and, at the request of the Attorney General or the director of the institution, the clerk shall issue an execution. (1925, c. 120, s. 9; 1985, c. 508, s. 11.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 7 - Persons Admitted to Department of Health and Human Services Institutions to Pay Costs. › § 143-126 - Death of a person admitted; lien on estate.

§ 143-126. Death of a person admitted; lien on estate.
(a) In the event of the death of person admitted, leaving any cost of care unpaid, then the unpaid cost shall constitute a lien on all property, both real and personal of the decedent and shall be payable from the decedent's estate as a fourth class claim after the payment of taxes to the State or its subdivisions.
(b) Upon the death of person admitted, the Department shall file a verified statement of account containing the following:
(1) The name of the person admitted;
(2) The date of death of the person admitted;
(3) The inclusive dates of the provision of care;
(4) The name of the institution providing care; and
(5) The amount of the unpaid balance.
The statement shall be filed in the office of the clerk of superior court in the county of residence of the deceased person admitted and in the county or counties in which real property is located in which the decedent owns an interest. The statement shall be docketed and indexed by the clerk.
(c) From the time of docketing, the statement shall be and constitute due notice of a lien against all real property then owned in whole or in part by the decedent and lying in such county to the extent of the total amount of the unpaid balance for the decedent's care as evidenced by the verified statement of account. Payments made by a fiduciary including those made by a clerk of superior court, in full or partial satisfaction of such lien, shall constitute a valid expenditure as provided in G.S. 143-119.
(d) No action to enforce such lien may be brought more than three years from the date of death of the person admitted. The failure to bring such action or the failure of the Department to file such statement shall not be a complete bar against recovery but shall only extinguish the lien and priority established by it.
(e) Upon receipt of the unpaid balance by the institution or Department or upon agreement of compromise of such unpaid balance, the Department shall notify the clerks of superior court in the counties where the lien has been recorded that the unpaid balance has been paid, and the clerks shall cancel the lien of record. (1925, c. 120, s. 10; 1967, c. 960; 1973, c. 476, s. 133; 1985, c. 508, s. 11.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 7 - Persons Admitted to Department of Health and Human Services Institutions to Pay Costs. › § 143-127 - Money paid into State treasury.

§ 143-127. Money paid into State treasury.
All money collected by any institution pursuant to this Article shall be by such institution paid into the State treasury, and shall be by the State Treasurer credited to the account of the institution collecting and turning the same into the treasury, and shall be paid out by warrants drawn as in cases of appropriations made for the maintenance of such institutions and shall be used by such institution as it uses and is authorized by law to use appropriations made for maintenance. (1925, c. 120, s. 11; 1983, c. 913, s. 34.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 7 - Persons Admitted to Department of Health and Human Services Institutions to Pay Costs. › § 143-127.1 - Parental liability for payment of cost of care for long-term patients in Department of Health and Human Services facilities.

§ 143-127.1. Parental liability for payment of cost of care for long-term patients in Department of Health and Human Services facilities.
(a) Notwithstanding the foregoing provisions of G.S. 143-117 through 143-127 inclusive, the natural or adoptive parents of persons who are non-Medicaid, long-term patients at facilities owned or operated by the Department of Health and Human Services shall only be liable on the charges made by such facility for treatment, care and maintenance for an amount not to exceed the cost of caring for a normal child at home as determined from standard sources by the Department of Health and Human Services.
(b) Parents or adoptive parents of a patient in a facility owned or operated by the Department of Health and Human Services shall not be liable for any charges made by such facility for treatment, care and maintenance of such a patient incurred or accrued subsequent to such patient attaining age 18.
(c) For purposes of this section, the term "long-term patient" is defined as a person who has been a patient in a facility owned or operated by the Department of Health and Human Services for a continuous period in excess of 120 days. No absence of a patient from the facility due to a temporary or trial visit shall be counted as interrupting the accrual of the 120 days herein required to attain the status of a long-term patient.
(d) Repealed by Session Laws 1993, c. 386, s. 2. (1971, c. 218, s. 1; 1973, c. 476, s. 133; c. 775; 1975, c. 19, s. 48; 1979, c. 838, ss. 25-27; 1983, c. 12; 1983 (Reg. Sess., 1984), c. 1116, s. 82; 1987, c. 738, s. 68; 1993, c. 386, s. 2; 1997-443, s. 11A.118(a).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 7A - Damage of Personal Property in State Institutions. › § 143-127.2 - Repair or replacement of personal property.

§ 143-127.2. Repair or replacement of personal property.
The Secretary of Health and Human Services may adopt rules governing repair or replacement of personal property items excluding private passenger vehicles that belong to employees, volunteers, or clients of State facilities within the Department of Health and Human Services and that are damaged or stolen by clients of the State facilities provided that the item is determined by the Secretary to be:
(1) Damaged or stolen on or off facility grounds during the performance of employment or volunteer duty and necessary for the employee or volunteer to have in his possession to perform his assigned duty; or
(2) Damaged or stolen on or off the facility grounds while the client is under the supervision of the facility and necessary for the client to have in his possession as part of his treatment environment. (1985, c. 393, s. 1; 1987, c. 264, s. 4; 1989, c. 189, s. 1; 1997-443, s. 11A.118(a).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 7A - Damage of Personal Property in State Institutions. › § 143-127.3 - Negligence.

§ 143-127.3. Negligence.
Reimbursement for items damaged or stolen shall not be granted in instances in which the employee, volunteer, or client, if competent, is determined to be negligent or otherwise at fault for the damage or loss of the property. Negligence shall be determined by the director of the facility. (1985, c. 393, s. 1; 1987, c. 264, s. 4; 1989, c. 189, s. 1.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 7A - Damage of Personal Property in State Institutions. › § 143-127.4 - Other remedies.

§ 143-127.4. Other remedies.
The director of the facility shall determine if the person seeking reimbursement has made a good faith effort to recover the loss from all other non-State sources and has failed before reimbursement is granted. (1985, c. 393, s. 1; 1987, c. 264, s. 4; 1989, c. 189, s. 1.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 7A - Damage of Personal Property in State Institutions. › § 143-127.5 - Limitations.

§ 143-127.5. Limitations.
Reimbursement shall be limited to the amount specified in the rules and shall not exceed a maximum of two hundred dollars ($200.00) per incident. No employee, volunteer, or client shall receive more than five hundred dollars ($500.00) per year in reimbursement. Reimbursement is subject to the availability of funds. (1985, c. 393, s. 1; 1987, c. 264, s. 1; 1989, c. 189, s. 1.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 7A - Damage of Personal Property in State Institutions. › § 143-127.6 - Administrative and judicial review.

§ 143-127.6. Administrative and judicial review.
Chapter 150B of the General Statutes governs administrative and judicial review of a decision under this Article by the director of a facility. (1985, c. 393, s. 1; 1987, c. 264, ss. 2, 4, c. 827, s. 257; 1989, c. 189, s. 1.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 8 - Public Contracts. › § 143-129.3 - Exemption of General Assembly from certain purchasing requirements.

§ 143-129.3. Exemption of General Assembly from certain purchasing requirements.
(a) The Legislative Services Commission may provide that the provisions of G.S. 143-129 and Article 3 of this Chapter do not apply to purchases by the General Assembly of data processing and data communications equipment, supplies, and services. Such exemption may vary according to the type or amount of purchase, and may vary as to whether the exemption is from some or all of those statutory provisions.
(b) The Legislative Services Commission must give specific approval to any purchase in excess of five thousand dollars ($5,000) made under an exemption provided by subsection (a) of this section. (1989, c. 82.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 8 - Public Contracts. › § 143-129.4 - Guaranteed energy savings contracts.

§ 143-129.4. Guaranteed energy savings contracts.
The solicitation and evaluation of proposals for guaranteed energy savings contracts, as defined in Part 2 of Article 3B of this Chapter, and the letting of contracts for these proposals are not governed by this Article but instead are governed by the provisions of that Part; except that guaranteed energy savings contracts are subject to the requirements of G.S. 143-128.2 and G.S. 143-135.3. (1993 (Reg. Sess., 1994), c. 775, s. 4; 1995, c. 509, s. 135.2(k); 2001-496, s. 3.3; 2002-161, s. 11.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 8 - Public Contracts. › § 143-129.5 - Purchases from nonprofit work centers for the blind and severely disabled.

§ 143-129.5. Purchases from nonprofit work centers for the blind and severely disabled.
(a) Notwithstanding G.S. 143-129, a city, county, or other governmental entity subject to this Article may purchase goods and services directly from a nonprofit work center for the blind and severely disabled, as defined in G.S. 143-48.
(b) The Secretary of Administration shall, at least annually, canvass nonprofit work centers for the blind and severely disabled for goods and services required by the State government or any of its departments, institutions, or agencies and shall purchase or contract for the purchase, lease, or lease-purchase of those goods and services. The Secretary shall establish and enforce specifications that shall apply to all goods and services to be purchased or leased from nonprofit work centers for the use of the State government or any of its departments, institutions, or agencies. Except as provided in G.S. 148-134, where one or more sources of supply have been established by contract and certified by the Secretary of Administration to State departments, institutions, and agencies, it shall be the duty of all State departments, institutions, and agencies to make requisition or issue orders on forms to be prescribed by the Secretary of Administration for purchases required by them upon the sources of supply so certified. No State department, institution, or agency shall purchase from any sources other than those certified by the Secretary unless the requisition cannot be fulfilled because of insufficient availability of goods or services required. The Secretary shall, in any contract or lease, require that nonprofit work centers maintain the price of goods or services substantially in accord with that paid by governmental agencies for similar goods or services of equivalent quality. The provisions of G.S. 143-52 shall not apply to purchases made pursuant to this section. However, nothing in this section shall prohibit a nonprofit work center from submitting bids or making offers for contracts under G.S. 143-52.
(c) The Department of Administration shall report annually to the Joint Legislative Oversight Committee on General Government on its administration of the programs described in subsections (a) and (b) of this section. (1995, c. 265, ss. 4, 5; 1999-20, s. 1; 2021-180, s. 20.12(a).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 8 - Public Contracts. › § 143-129.6 - Exemption for certain training projects of the North Carolina National Guard.

§ 143-129.6. Exemption for certain training projects of the North Carolina National Guard.
Expenditures, excluding design fees, for a capital project, construction, or repair work (i) that is for training purposes and for a single exercise or undertaking at a National Guard facility; (ii) that has a total cost that does not exceed applicable federal limits; and (iii) that will be funded entirely with federal funds, shall not be subject to this Article. (2014-100, s. 36.8(c).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 8 - Public Contracts. › § 143-129.7 - Purchase with trade-in of apparatus, supplies, materials, and equipment.

§ 143-129.7. Purchase with trade-in of apparatus, supplies, materials, and equipment.
Notwithstanding the provisions of Article 12 of Chapter 160A of the General Statutes, municipalities, counties, and other political subdivisions of the State may include in specifications for the purchase of apparatus, supplies, materials, or equipment an opportunity for bidders to purchase as "trade-in" specified personal property owned by the municipality, county, or other political subdivision, and the awarding authority may award a contract for both the purchase of the apparatus, supplies, materials, or equipment and the sale of trade-in property, taking into consideration the amount offered on the trade-in when applying the criteria for award established in this Article. (1997-174, s. 7.)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 8 - Public Contracts. › § 143-129.8 - Purchase of information technology goods and services.

§ 143-129.8. Purchase of information technology goods and services.
(a) In recognition of the complex and innovative nature of information technology goods and services and of the desirability of a single point of responsibility for contracts that include combinations of purchase of goods, design, installation, training, operation, maintenance, and related services, a political subdivision of the State may contract for information technology, as defined in G.S. 143B-1320, using the procedure set forth in this section, in addition to or instead of any other procedure available under North Carolina law.
(b) Contracts for information technology may be entered into under a request for proposals procedure that satisfies the following minimum requirements:
(1) Notice of the request for proposals shall be given in accordance with G.S. 143-129(b).
(2) Contracts shall be awarded to the person or entity that submits the best overall proposal as determined by the awarding authority. Factors to be considered in awarding contracts shall be identified in the request for proposals.
(c) The awarding authority may use procurement methods set forth in G.S. 143-135.9 in developing and evaluating requests for proposals under this section. The awarding authority may negotiate with any proposer in order to obtain a final contract that best meets the needs of the awarding authority. Negotiations allowed under this section shall not alter the contract beyond the scope of the original request for proposals in a manner that: (i) deprives the proposers or potential proposers of a fair opportunity to compete for the contract; and (ii) would have resulted in the award of the contract to a different person or entity if the alterations had been included in the request for proposals.
(d) Proposals submitted under this section shall not be subject to public inspection until a contract is awarded. (2001-328, s. 3; 2004-199, s. 36(b); 2004-203, s. 10; 2015-241, s. 7A.4(t).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 8 - Public Contracts. › § 143-129.8A - Purchase of certain goods and services for the North Carolina Zoological Park.

§ 143-129.8A. Purchase of certain goods and services for the North Carolina Zoological Park.
(a) Exemption. – The North Carolina Zoological Park is a State entity whose primary purpose is the attraction of, interaction with, and education of the public regarding issues of global conservation, ecological preservation, and scientific exploration, and that purpose presents unique challenges requiring greater flexibility and faster responsiveness in meeting the needs of and creating the attractions for the Park. Accordingly, the Department of Natural and Cultural Resources may use the procedure set forth in this section, in addition to or instead of any other procedure available under North Carolina law, to contract with a non-State entity on behalf of the Park for the acquisition of goods and services where: (i) the contract directly results in the generation of revenue for the State of North Carolina or (ii) the use of the acquired goods and services by the Park results in increased revenue or decreased expenditures for the State of North Carolina.
(b) Limitation. – Contracts executed pursuant to the exemption of subsection (a) of this section may be entered into under a request for proposals procedure that satisfies the following minimum requirements:
(1) Notice of the request for proposals shall be given in accordance with G.S. 143-129(b).
(2) Contracts shall be awarded to the person or entity that submits the best overall proposal as determined by the awarding authority. Factors to be considered in awarding contracts shall be identified in the request for proposals.
(c) Procurement Methods. – The Department may use procurement methods set forth in G.S. 143-135.9 in developing and evaluating requests for proposals under this section. The Department may negotiate with any proposer in order to obtain a final contract that best meets the needs of the awarding authority. Negotiations allowed under this section shall not alter the contract beyond the scope of the original request for proposals in a manner that: (i) deprives the proposers or potential proposers of a fair opportunity to compete for the contract; and (ii) would have resulted in the award of the contract to a different person or entity if the alterations had been included in the request for proposals.
(d) Promotional Rights. – Subject to the approval of the Department, a non-State entity awarded a contract that results in increased revenue or decreased expenditures for the Park may advertise, announce, or otherwise publicize the provision of services pursuant to award of the contract. (2009-329, s. 1.1; 2015-241, s. 14.30(yy).)
2023 North Carolina General Statutes › Chapter 143 - State Departments, Institutions, and Commissions › Article 8 - Public Contracts. › § 143-129.9 - Alternative competitive bidding methods.

§ 143-129.9. Alternative competitive bidding methods.
(a) A political subdivision of the State may use any of the following methods to obtain competitive bids for the purchase of apparatus, supplies, materials, or equipment as an alternative to the otherwise applicable requirements in this Article:
(1) Reverse auction. – For purposes of this section, "reverse auction" means a real-time purchasing process in which bidders compete to provide goods at the lowest selling price in an open and interactive environment. The bidders' prices may be revealed during the reverse auction. A reverse auction may be conducted by the political subdivision or by a third party under contract with the political subdivision. A political subdivision may also conduct a reverse auction through the State electronic procurement system, and compliance with the procedures and requirements of the State's reverse auction process satisfies the political subdivision's obligations under this Article.
(2) Electronic bidding. – A political subdivision may receive bids electronically in addition to or instead of paper bids. Procedures for receipt of electronic bids for contracts that are subject to the requirements of G.S. 143-129 shall be designed to ensure the security, authenticity, and confidentiality of the bids to at least the same extent as is provided for with sealed paper bids.
(b) The requirements for advertisement of bidding opportunities, timeliness of the receipt of bids, the standard for the award of contracts, and all other requirements in this Article that are not inconsistent with the methods authorized in this section shall apply to contracts awarded under this section.
(c) Reverse auctions shall not be utilized for the purchase or acquisition of construction aggregates, including, but not limited to, crushed stone, sand, and gravel. (2002-107, s. 1.)