GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 419

Short Title:  Procurement Council.	(Public)

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Sponsors: Senators Kerr and Sherron.

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Referred to:  Commerce

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March 20, 1995

A BILL TO BE ENTITLED
AN ACT TO CREATE A STATE PROCUREMENT POLICY COUNCIL.
The General Assembly of North Carolina enacts:
Section 1.  Article 3 of Chapter 143 of the General Statutes is amended by adding the following new section:
"§ 143-50.1.  State Procurement Policy Council.
(a)	The State Procurement Policy Council is created.  The Council shall consist of seven members.  The General Assembly shall appoint four members, two of whom shall be private citizens experienced in large-scale purchasing and two of whom shall be public members from private industry.  Of the General Assembly's four appointments, one public member and one member with large-scale purchasing experience shall be appointed upon the recommendation of the President Pro Tempore of the Senate, and one public member and one member with large-scale purchasing experience shall be appointed upon the recommendation of the Speaker of the House of Representatives.  The State Treasurer and the State Controller or their designees shall serve as ex officio members.  The Secretary of Administration or the Secretary's designee shall serve as the chair of the Council.
(b)	The Department shall provide staff and meeting space for the Council.
(c)	The Council shall adopt and revise, as necessary, rules to implement the provisions of this Article.  The Council shall also monitor policy and the administration of this Article but shall not exercise authority over the award or administration of a contract executed or bid protest or contract controversy claim filed under this Article.
(d)	The Council shall meet quarterly and upon the call of the chair.  A majority of the Council shall constitute a quorum.
(e)	The initial public member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives and the initial member with purchasing experience appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate shall each serve an initial term ending June 30, 1997.  The initial public member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate and the initial member with purchasing experience appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives shall each serve an initial term ending June 30, 1998.  Thereafter, their successors shall serve three-year terms.  No member appointed by the General Assembly may serve more than two complete consecutive terms.  A vacancy in a legislative appointment shall be filled in accordance with G.S. 120-122."
Sec. 2. G.S. 120-123 is amended by adding a new subdivision to read:
"(63)	The State Procurement Policy Council."
Sec. 3.  This act becomes effective July 1, 1995.  The rules of the Secretary and Department of Administration adopted pursuant to Article 3 of Chapter 143 of the General Statutes and in effect as of the effective date of this act, including their application to public schools and community colleges, remain in effect until modified by the State Procurement Policy Council; except that the Secretary may adopt rules on or after the effective date of this act if the proposed rule was published prior to that date.