GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	2 

SENATE BILL 629
House Committee Substitute Favorable 6/4/91

Short Title:  Union Jail Exemption.	(Local)
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Sponsors:
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April 15, 1991

A BILL TO BE ENTITLED
AN ACT TO EXEMPT UNION AND COLUMBUS COUNTIES FROM CERTAIN STATUTORY REQUIREMENTS IN THE CONSTRUCTION OF COUNTY DETENTION FACILITIES.
Whereas, Union and Columbus Counties are in the process of submitting plans for indirect-supervision detention facilities for review by the State of North Carolina; and
Whereas, an estimate indicates that the completion of these facilities under normal circumstances will take a considerable amount of time; and
Whereas, Union County is presently named as a defendant in a class action entitled Huntley v. McGuirt, et al., which involves allegations of overcrowded conditions at the Union County jail; and
Whereas, this lawsuit is presently pending in the United States District Court for the Western District of North Carolina, and may well come to trial within the next three months; and
Whereas, members of the Union and Columbus County Boards of Commissioners have reviewed plans for indirect-supervision detention facilities similar to that proposed for Robeson County, which is to be designed and constructed in less than one year using a concept known as "design and build"; and
Whereas, the members of the Union and Columbus County Boards of Commissioners believe that the immediate construction of indirect-supervision detention facilities would best serve the needs of the citizens of Union and Columbus Counties; and
Whereas, the Union and Columbus County Boards of Commissioners have been informed that the concept of "design and build”may conflict with some provisions of Article 8 of Chapter 143 of the General Statutes concerning the letting of public contracts; and
Whereas, Chapter 8 of the 1989 Session Laws exempted the State of North Carolina from certain provisions of Article 8 of Chapter 143 of the General Statutes in order to expedite construction in response to a similar overcrowding emergency; and
Whereas, the Union and Columbus County Boards of Commissioners have requested the passage of an act exempting those counties from meeting certain requirements of Article 8 of Chapter 143 of the General Statutes; and
Whereas, the Union and Columbus County Boards of Commissioners have stated that they will endeavor to comply with the spirit of Article 8 of Chapter 143 of the General Statutes by providing local contractors and minority contractors with an opportunity to bid on portions of the construction projects; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  The County of Union may contract for the design and construction of a county detention facility to relieve overcrowding at its current facility without being subject to the requirements of G.S. 143-128, 143-129, 143-131, and 143-132.
Sec. 2.  The County of Columbus may contract for the design and construction of a county detention facility to relieve overcrowding at its current facility without being subject to the requirements of G.S. 143-128, 143-129, 143-131, and 143-132.
Sec. 3.  This act is effective upon ratification and expires July 1, 1992.