DEPT. OF PUBLIC SAFETY CHANGES.-AB

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View NCGA Bill Details2013-2014 Session
House Bill 362 (Public) Filed Tuesday, March 19, 2013
A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL, CLARIFYING, AND SUBSTANTIVE CHANGES RELATING TO THE DEPARTMENT OF PUBLIC SAFETY AND TO ELIMINATE THE BENCHMARKS CEILING RELATING TO PURCHASES AND CONTRACTS.
Intro. by Faircloth.
Status: Ch. SL 2013-289 (House Action) (Jul 18 2013)

SOG comments (1):

Long Title Change

Submitted by Michael.Smallwo... on

House committee substitute changes the long title. The original long title was:

A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL, CLARIFYING, AND SUBSTANTIVE CHANGES RELATING TO THE DEPARTMENT OF PUBLIC SAFETY; AND TO AUTHORIZE THE SECRETARY OF ADMINISTRATION TO CHANGE CERTAIN BENCHMARKS RELATING TO PURCHASES AND CONTRACTS.

Bill History:

H 362/S.L. 2013-289

Bill Summaries:

  • Bill H 362 (SL 2013-289) (2013-2014)
    Summary date: Jul 22 2013 - View Summary

    AN ACT TO MAKE TECHNICAL, CLARIFYING, AND SUBSTANTIVE CHANGES RELATING TO THE DEPARTMENT OF PUBLIC SAFETY AND TO ELIMINATE THE BENCHMARKS CEILING RELATING TO PURCHASES AND CONTRACTS. Enacted July 18, 2013. Effective July 18, 2013.

    Department of Administration, Department of Public Safety
    GS 20, GS 66, GS 143, GS 143B, GS 148
  • Bill H 362 (2013-2014)
    Summary date: Jun 25 2013 - View Summary

    Senate committee substitute to the 3rd edition makes the following changes. Amends GS 66-25 to require electrical devices, appliances, or equipment used by the Division of Adult Correction of the Department of Public Safety to be evaluated for safety and suitability by the Central Engineering section of the Department of Public Safety.

    Department of Administration, Department of Public Safety
    GS 20, GS 66, GS 143, GS 143B, GS 148
  • Bill H 362 (2013-2014)
    Summary date: May 15 2013 - View Summary

    House committee substitute makes the following changes to the 2nd edition:

    Deletes Section 9 of the bill which amended GS 166A-19.11 providing authorization to the Secretary of Public Safety to spend up to $2 million available for emergency response prior to a state of emergency declaration.

    Renumbers the remaining sections of the bill.

    Department of Administration, Department of Public Safety
    GS 20, GS 143, GS 143B, GS 148, GS 166A
  • Bill H 362 (2013-2014)
    Summary date: May 1 2013 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Changes the long title.

    Deletes Section 1 of the previous edition which repealed GS 20-196.3.

    Amends GS 143-134, making technical and clarifying changes.

    Amends GS 143B-600 (Organization), deleting subsection (b), which was concerned with the powers and duties of the deputy secretaries, directors, and the respective divisions of the Department.

    Amends GS 143B-602(8), making a technical change.

    Amends GS 143B-806 (Duties and powers of the Division of Juvenile Justice of the Department of Public Safety), providing that the Commissioner of Juvenile Justice is the head of the Division (previously, the 1st edition only established that the Director of Juvenile Justice would have certain powers and duties).

    Amends GS 148-132 (Distribution of products and services), establishing that while the Section of Correction Enterprises of the Division of Adult Correction is empowered to market and sell products and services produced by the Enterprise to an entity or organization that has tax-exempt status, those products purchased by such an entity pursuant to this subdivision cannot be resold (previously, no limitation of the resell of the specified products or services was included).

    Deletes changes made to GS 143-53(a)(1), as provided for in the previous edition of the act.

    Amends GS 143-53(a)(2), dealing with rules for purchases and contracts. Allows the Secretary to adopt rules that prescribe the routine, including consistent contract language, for securing bids on items that do not exceed the bid value benchmark, established under the provisions of GS 143-53.1, 115D-58.14, or GS 116-31.10 (previous edition did not include a reference to GS 115D-58.14). Requires that the bid value benchmark for securing offers for each state department, institution, and agency established under GS 143-53.1 be determined by the Director of the Division of Purchase and Contract following consultation with the State Budget Officer and the State Auditor. Makes various other clarifying or technical changes. Replaces the word delegation with benchmark. 

    Amends GS 143-53.1 (Setting of benchmarks; increase by Secretary), deleting the added language from the 1st edition, which provided that on or after July 1, 2014,  the setting of bid value benchmarks and the procedures for competitive bids are to be based on the agency's capacity to evaluate contracts below a certain benchmark value as determined by the State Purchasing Officer and approved by the Secretary of Administration. The committee substitute now provides that the setting of bid value benchmarks and the procedures for competitive bids will promote compliance with the principles of procurement efficiency, transparency, and fair competition to obtain the State's business. Makes a technical change.

    Amends GS 166A-19.11, (Powers of the Secretary of Public Safety),  making a technical change.

    Amends the new language in GS 20-185(a1), provided for in the previous addition, establishing that Highway Patrol enforcement personnel, hired on or after July 1, 2013, will retire not later than the end of the month in which their 62nd birthday falls (previous edition did not include a hire on or after date).

    Amends GS 20-196.3 (Who may hold supervisory positions over sworn members of the Patrol), making technical and reorganizational changes. Also establishes that the Commissioner of the Law Enforcement Division may hold supervisory positions over sworn members of the Patrol.

    Department of Administration, Department of Public Safety
    GS 20, GS 143, GS 143B, GS 148
  • Bill H 362 (2013-2014)
    Summary date: Mar 19 2013 - View Summary

    Repeals GS 20-196.3 which determines who may hold authority over members of the North Carolina State Highway Patrol.

    Amends GS 143-134 toprovide that Article 8 (Public Contracts) of GS Chapter 143 applies to the Department of Transportation and the Department of Public Safety (was, the Division of Adult Correction of the Department of Public Safety).

    Amends GS 143B-600 regarding the organizational structure of the Department of Public Safety (Department). Deletes provisions declaring that the Department is to consist of six divisions and an Office of External Affairs. Provides that the deputy secretaries, directors and respective divisions of the Department are under the direction and control of the Secretary of Public Safety (was, the deputy secretaries were subject to the direction and control of the Secretary). Authorizes the Secretary to assign a Commissioner to oversee the Divisions of Prisons, Community Corrections, and Juvenile Justice and the following auxiliary services: (1) alcoholism and chemical dependency treatment, (2) offender records management, and (3) extradition.

    Amends GS 143B-602(8) to add the following to the additional powers and duties of the Secretary: responsibility for federal and state liaison services, victim services, the Victim Services Warehouse, and the storage and management of evidence and other contents housed in the warehouse, and public affairs.

    Repeals GS 143B-710, which required the Secretary to appoint a chief deputy secretary to the head of the Division of Adult Correction in the Department of Public Safety.

    Amends GS 143B-806 to eliminate thetitle of Chief Deputy Secretary in the Division of Juvenile Justice. Instead re-titlesthat positionas Director of Juvenile Justice.

    Amends GS 148-132, which provides for the distribution of products and services produced by Correction Enterprises of the Division of Adult Correction. Deletes requirement thattax-exempt entities under 501(c)(3) of the Internal Revenue Code,to whomCorrection Enterprises is authorized to market and sell products, must also receive local, state, or federal grant funding.Authorizes Correction Enterprises to sell to private contractors when the goods purchased will be used to perform work under a contract with a public agency or a nonprofit organization.

    Amends GS 143-53(a)(1) to provide that the Division of Purchase and Contract is to review and decide a protest on a contract valued above the bid value benchmark established in GS 143-53.1 as that section is amended in this act (was, on a contract valued at $25,000 or more). Amends GS143-53.1 to provide that on or after July 1, 2014 (was July 1, 1997) the setting of bid value benchmarks and the procedures for competitive bids are to be based on the agency's capacity to evaluate contracts below a certain benchmark value as determined by the State Purchasing Officer and approved by the Secretary of Administration. Provides that when an agency's benchmark is raised, the new benchmark becomes effective at the start of the fiscal year after the Secretary of Administration approves it.

    Amends GS 166A-19.11 to add to the powers designated by the Governor to the Secretary of Public Safety the authority to authorize expenditures of up to $2 million of funds to be available for response to an emergency before a state of emergency has been declared. Requires the Secretary of Public Safety to report within 30 days of authorizing the expenditure to the Joint Legislative Commission on Governmental Operations.

    Amends GS 20-185 to require applicants for employment as a state trooper to be at least 21 years old and not more than 39 years old as of the first day of patrol school. Additionally provides that Highway Patrol enforcement personnel cannot retire later than the end of the month in which their 62nd birthday falls.

    Department of Administration, Department of Public Safety
    GS 20, GS 143, GS 143B, GS 148, GS 166A
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