| 12 | 13 | | A BILL TO BE ENTITLED 1 |
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| 13 | 14 | | AN ACT TO ENSURE COMPETITION AND LOWER COSTS FOR PUBLICATION OF 2 |
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| 14 | 15 | | NOTICES BY UNITS OF LOCAL GOVERNMENT . 3 |
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| 15 | 16 | | The General Assembly of North Carolina enacts: 4 |
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| 16 | 17 | | SECTION 1. Article 8 of Chapter 143 of the General Statutes is amended by adding 5 |
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| 17 | 18 | | a new section to read: 6 |
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| 18 | 19 | | "§ 143-129.11. Request for proposals for publication of notices. 7 |
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| 19 | 20 | | (a) Annually, at the start of each fiscal year, a contract for publication of notices by units 8 |
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| 20 | 21 | | of local government and local school administrative units shall be made after informal bids have 9 |
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| 21 | 22 | | been secured. The informal bid process shall be designed to maximize competition among 10 |
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| 22 | 23 | | eligible newspapers while ensuring the best value for public funds. 11 |
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| 23 | 24 | | (b) All contracts under this section shall be awarded to the lowest responsible, responsive 12 |
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| 24 | 25 | | bidder, taking into consideration quality, performance, circulation reach, cost, and compliance 13 |
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| 25 | 26 | | with Article 50 of Chapter 1 of the General Statutes. 14 |
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| 26 | 27 | | (c) It shall be the duty of any officer, department, board, local school administrative unit, 15 |
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| 27 | 28 | | or commission entering into such contract to keep a record of all informal bids submitted, and 16 |
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| 28 | 29 | | such record shall not be subject to public inspection until the contract has been awarded. 17 |
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| 29 | 30 | | (d) If there is no eligible newspaper for the unit of local government or local school 18 |
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| 30 | 31 | | administrative unit, the contract for publication of notices shall be awarded to an eligible 19 |
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| 31 | 32 | | newspaper as described in G.S. 1-597(b) or G.S. 1-599. 20 |
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| 32 | 33 | | (e) For purposes of this section, the following definitions shall apply: 21 |
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| 33 | 34 | | (1) Local school administrative unit. – As defined in G.S. 115C-5. 22 |
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| 34 | 35 | | (2) Newspaper. – As described in G.S. 1-597(a). 23 |
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| 35 | 36 | | (3) Publish, publication, and other forms of the verb "to publish." – As defined in 24 |
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| 36 | 37 | | G.S. 153A-1, 159-1, and 160A-1. 25 |
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| 37 | 38 | | (4) Unit of local government. – As defined in G.S. 159-7." 26 |
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| 38 | 39 | | SECTION 2. G.S. 1-596 reads as rewritten: 27 |
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| 39 | 40 | | "§ 1-596. Charges for legal advertising. 28 |
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| 40 | 41 | | (a) The publication of all advertising required by law to be made in newspapers in this 29 |
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| 41 | 42 | | State shall be paid for at not to exceed the local commercial rate of the newspapers selected. Any 30 |
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| 42 | 43 | | public or municipal officer or board created by or existing under the laws of this State that is now 31 |
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| 43 | 44 | | or may hereafter be authorized by law to enter into contracts for the publication of legal 32 |
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| 44 | 45 | | advertisements is hereby authorized to pay therefor prices not exceeding said rates.pay in 33 |
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| 45 | 46 | | accordance with the contract entered into under G.S. 143-129.11. 34 |
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| 46 | 47 | | (b) No newspaper in this State shall accept or print any legal advertising until said 35 |
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