LAW ENFORCEMENT PRIVACY/PUBLIC WEB SITES.

View NCGA Bill Details2013-2014 Session
Senate Bill 78 (Public) Filed Tuesday, February 12, 2013
A BILL TO BE ENTITLED AN ACT TO REQUIRE THE NORTH CAROLINA COURTS COMMISSION TO STUDY REQUIRING CITIES AND COUNTIES TO REMOVE PERSONAL INFORMATION FROM RECORDS AVAILABLE ON INTERNET WEB SITES MAINTAINED BY COUNTIES AND CITIES WHEN REQUESTED BY CERTAIN LAW ENFORCEMENT PERSONNEL, PROSECUTORS, AND JUDICIAL OFFICERS.
Intro. by Hartsell.

Status: Re-ref Com On Rules and Operations of the Senate (Senate Action) (Jul 10 2014)

SOG comments (4):

Long title change.

Committee substitute changes the long title. The original long title was as follows:

 

A BILL TO BE ENTITLED AN ACT TO AMEND THE LAWS REQUIRING NEGOTIATION AND REVIEW OF CERTAIN STATE CONTRACTS, AND TO PROVIDE FOR CONTRACT MANAGEMENT AND ADMINISTRATION, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.

Short and Long Title Changes

House committee substitute to the 3rd edition changes the short and long titles. the original titles are as follows:

AMEND STATE CONTRACT REVIEW LAWS.

AN ACT TO ESTABLISH THE CONTRACT MANAGEMENT SECTION OF THE DIVISION OF PURCHASE AND CONTRACT, DEPARTMENT OF ADMINISTRATION, TO AMEND THE LAWS REQUIRING NEGOTIATION AND REVIEW OF CERTAIN STATE CONTRACTS, TO PROVIDE OVERSIGHT AND REPORTING OF CERTAIN CONTRACT AWARDS, AND TO PROVIDE FOR CONTRACT MANAGEMENT AND ADMINISTRATION, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.

Short and Long Title Changes

House committee substitute to the 4th edition changes the short and long titles. The original titles are as follows:

LAW ENFORCEMENT AND DA PRIVACY/TAX WEBSITES.

AN ACT TO REQUIRE CITIES AND COUNTIES TO REMOVE PERSONAL INFORMATION FROM TAX RECORDS AVAILABLE TO THE PUBLIC ON AN INTERNET WEBSITE WHEN REQUESTED BY LAW ENFORCEMENT OR A DISTRICT ATTORNEY.

Long title change.

Senate amendment changes the long title.  The previous long title is found below:

A BILL TO BE ENTITLED AN ACT TO REQUIRE CITIES AND COUNTIES TO REMOVE PERSONAL INFORMATION FROM RECORDS AVAILABLE ON INTERNET WEB SITES MAINTAINED BY COUNTIES AND CITIES WHEN REQUESTED BY CERTAIN LAW ENFORCEMENT PERSONNEL, PROSECUTORS, AND JUDICIAL OFFICERS.

Bill History:

S 78

Bill Summaries:

  • Summary date: Jul 1 2014 - More information

    House amendment makes the following changes to the 5th edition.

    Deletes all of the provisions of the previous edition in their entirety.

    Changes the long title.

    Directs the NC Courts Commission to study the development of a process to remove personal information of nonelected officials from records commonly available on city and county websites. Sets out seven areas of consideration that must be in the study, including under what circumstances the information removed from websites is subject to disclosure as a public record and the costs of such a process to the cities and counties of North Carolina.  Requires the NC Courts Commission to consult with  any other agencies, institutions, or individuals that it deems appropriate. 

    Findings and recommendations, along with any recommended legislation, are to be reported to the 2015 General Assembly upon its convening.


  • Summary date: Jun 26 2014 - More information

    House committee substitute makes the following changes to the 4th edition:

    Changes the short and long titles.

    Amends the titles of proposed GS 153A-148.2 and GS 160A-208.2 to be Removal of personal information from public Web sites; law enforcement personnel and others (was, Removal of personal information from public Web sites; law enforcement and district attorneys).

    Makes organizational changes to proposed GS 153A-148.2 and GS 160A-208.2 specifying and setting out who is allowed to request that specified information be removed from public websites, including federal, state, and local law enforcement officers; a state criminal magistrate; an assistant district attorney; a prosecutor employed by the North Carolina Department of Justice; a United States Attorney or Assistant United States Attorney; and federal judges (previously, only provided for law enforcement officers, district attorneys, and assistant district attorneys to request removal).

    Makes technical changes.

    Requires the process for the removal of specified information by the above individuals to be developed and implemented by January 1, 2015.  


  • Summary date: Jun 5 2014 - More information

    House committee substitute deletes all the provisions of the 3rd edition and replaces it withAN ACT TO REQUIRE CITIES AND COUNTIES TO REMOVEPERSONALINFORMATION FROM TAXRECORDS AVAILABLE TO THE PUBLIC ON AN INTERNET WEBSITE WHEN REQUESTED BY LAWENFORCEMENTOR A DISTRICT ATTORNEY.

    Enacts new GS 153A-148.2, pertaining to each county in the state, and new GS 160A-208.2, pertaining to each city in the state. Requires each county and each city to develop a process to be used by a law enforcement officer, a district attorney, or an assistant district attorney to request that an individual's personal information, including the person's address and telephone number, be removed from any Internet website displaying local tax records that is maintained by the city or maintained by the county and available to the public. Requires the request to specify the personal information to be removed from the website. Mandates that the city or county remove the information if properly requested. Provides that the information removed from the website continues to be a public record if it would otherwise be a public record under GS Chapter 132.


  • Summary date: May 8 2013 - More information

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

    Changes the long title.

    Amends GS 114-8.3, providing that the Attorney General (AG) or designee is responsible for reviewing all proposed contracts for services that exceed $5 million (was, $1 million). Requires the AG to provide established procedures for the review of contracts pursuant to this section to provide guidelines to any attorney designated under GS 143-49(3a) who will review contracts in excess of $5 million. The AG is also required to advise and assist the Contract Management Section of the Division of Purchase and Contract, Department of Administration, in establishing procedures and guidelines for the review of contracts pursuant to GS 143-50.1. Makes conforming changes.

    Enacts new GS 114-8.3(b1), directing the General Counsel of the Department of State Treasurer (Treasurer), or designee, to review all proposed investment and debt contracts, as defined in this section, or contracts entered into pursuant to the Treasurer's authority to contract for investment advisory services. The contracts are to be reviewed in order to confirm that they conform to specified statutory requirements. Exempts certain contracts from becoming voidable if not reviewed or signed as required by this subsection. Makes technical changes.

    Deletes proposed GS 114-8.3(d).

    Amends GS 143-49, providing that the AG can assign an attorney from the office of the AG, the Contract Management Section of the Division of Purchase and Contract, the Department of Administration, or other qualified counsel to assist in negotiation for the award of the contract. Provides that the Secretary of Administration (Secretary) is not required to notify the AG for appointment of a representative for contracts that are to be entered into by the constituent institutions of UNC, or for contracts to be entered into by the Department of the Treasurer, unless requested to do so by specified General Counsel. Requires contracts for services reviewed pursuant to this subdivision to include the signature of the AG or the designee. If no signature is obtained and the contract commences, the State has the right to terminate the contract, with the other parties entitled to receive the value of the services provided prior to the termination.

    Enacts new GS 143-50.1, Division of Purchase and Contract; Contract Management Section, establishing the Contract Management Section (CMS) in the Division of Purchase and Contract, Department of Administration. Directs the CMS to review all proposed solicitations for supplies, materials, printing, equipment, or contractual services that exceed $1 million, unless reviewed by another agency that has been designated by statute. Provides that CMS will be responsible for (1) participating and assisting in the preparation of all proposed solicitations, reviewing them with the goal of obtaining the most favorable contract for the state; (2) interpreting proposed contract terms and advising the Secretary or designee of the potential liabilities to the state; and (3) ensuring contracts are in proper form, contain all clauses requested by law, legally enforceable, and require performance that will accomplish the intended purposes. Provides that the legal counsel of the CMS would also be subject to appointment by the AG for review of contracts for services in excess of $5 million. Sets out the duties and responsibilities of the CMS, including assisting other state agency legal staff, as requested, in matters related to contracting for goods and services. Directs the Department of Administration to adopt procedures for the record keeping of information provided by state agencies or received by the Secretary pursuant to GS 114-8.3(c).

    Amends GS 143-52.1, Award recommendations; State Purchasing Officer action (was, Board of Awards), and GS 147-33.101, Award recommendations; State Chief Information Officer Action (was, Board of Awards review), transferring the authority to take action on contract award recommendations from the Board of Awards to the State Purchasing Officer or the State Chief Information Officer for contracts that exceed specified benchmarks. Requires the reporting of all contract awards that exceed $25,000 to be reported to specified committees by respective procurement officers.

    Amends GS GS 116-13, GS 120-36.6, GS 143-52(a), and GS 143-59(b), making conforming changes.

    Repeals GS 143-318.18(10), to remove reference to the Board of Awards.

    Adds the Department of Transportation to entities who are to establish procedures to implement the act.

    Amends GS 143-49, Powers and duties of Secretary, changing the implementation date for (1) the quality management system to January 1, 2014 (was, September 1, 2013), (2) the report date for compliance progress with this subdivision to June 1, 2013 (was, September 1, 2012), (3) the contract specialist career path designation to September 1, 2013 (was, April 1, 2013), and (4) the contract management and training certification program to July 1, 2014 (was, September 1, 2015).

    Provides that Sections 1 through 3 of the act become effective October 1, 2013, and apply to contracts entered into on or after that date. The remainder of this act is effective when it becomes law.


  • Summary date: Feb 12 2013 - More information

    Identical to H56, filed 1/31/13.

    Amends GS 114-8.3, which requires the adoption of review and recordkeeping procedures for state contracts for the purchase of goods or services that exceed $1 million. Directs the Attorney General (AG), in consultation with the Department of Administration, to establish review procedures for state contracts that exceed $1 million, and to provide any attorney designated under GS 114-8.3(a) with the guidelines to be used in reviewing contracts. Requires the General Counsel for UNC constituent institutions to establish procedures for the required review and to comply with the procedures established by the AG. Requires all state agencies, the UNC constituent institutions, or any person entering into a contract on behalf of the state for goods or services exceeding $1 million to provide notice to the Secretary of the Department of Administration or the Secretary's designee of the intent to enter into the contract and any additional information as required. Directs the Department of Administration to adopt policies or guidelines for the identification and recordkeeping of contracts subject to review under the statute. Specifies what must be included in the records.

    Amends GS 143-49 to increase the contract threshold amount from $100,000 to $5 million for the appointment of an attorney from the AG's office to advise and assist in contract negotiations. Does not require the Secretary to request counsel from the AG's office for contracts for services to be entered into by the constituent institutions of UNC, unless requested to do so by the General Counsel of the University.

    Provides that the act's procedural and recordkeeping requirements as indicated above become effective July 1, 2013, and apply to contracts entered into on or after that date; the remainder of the act is effective when it becomes law.

    Directs the Department of Administration to make individualized notifications to specified agencies to make each aware as to how the statutory amendments made in SL 2010-194, Section 15 of SL 2011-326, and this act apply to them. Provides guidelines regarding the notification process that include specifications regarding acknowledgement of receipt and understanding of the notice by the agencies.

    Requires the AG's office, the Department of Administration, and the Office of the General Counsel for UNC to establish procedures to implement this act by June 30, 2013.

    Provides, in GS 143-49, specific dates for (1) implementing a quality management program; (2) creating a contract specialist career path for one or more employees in each department, agency, or institution of the state; and (3) implementing a contract management training and certification program. Requires the Secretary to report recommendations on improvements to state procurement law to the Joint Legislative Commission on Governmental Operations and to the Program Evaluation Division by September 1, 2013.

    Provides that any procedures to permit state government or any of its departments, institutions, or agencies to join with federal, state, or local government entities or any nonprofit organization in cooperative purchasing plans to serve the interest of the state are to be reported to the Joint Legislative Commission on Governmental Operations and the Program Evaluation Division no later than 30 days before the effective date of the procedures.


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