Bill Summary for H 1044 (2015-2016)

Summary date: 

May 4 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 1044 (Public) Filed Wednesday, May 4, 2016
AN ACT TO CREATE A PUBLIC SERVICE ALERT SYSTEM TO AID IN THE APPREHENSION OF SUSPECTS WHO KILL OR INFLICT SERIOUS BODILY INJURY ON A LAW ENFORCEMENT OFFICER; TO PROVIDE THAT THE HEAD OR CHIEF OF A LAW ENFORCEMENT AGENCY MAY DESIGNATE A PERSON TO SUBMIT A WRITTEN REQUEST FOR A DEADLY WEAPON TO BE TURNED OVER TO A LAW ENFORCEMENT AGENCY; TO AMEND THE SILVER ALERT SYSTEM TO EXPAND THE CLASS OF CITIZENS IT PROTECTS; TO PREVENT MOTOR CARRIERS FROM AVOIDING CIVIL PENALTIES OWED TO THE STATE BY TRANSFERRING TITLE PRIOR TO PAYMENT; TO MAKE MINOR CHANGES TO THE DEFINITION OF EMERGENCY IN THE NORTH CAROLINA EMERGENCY MANAGEMENT ACT; TO PROVIDE THAT THE SAMARCAND TRAINING ACADEMY IS SPECIFICALLY EXEMPTED FROM THE UMSTEAD ACT; AND TO CREATE AN EXCEPTION TO THE LENGTH OF SERVICE REQUIREMENTS FOR FORENSIC SCIENTISTS TO BECOME CAREER STATE EMPLOYEES.
Intro. by Hager.

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Bill summary

Enacts new GS 143B-1023, North Carolina Blue Alert System (Alert System) established, which provides for a system to aid in the apprehension of a suspect who kills or inflicts serious bodily injury on a law enforcement officer by way of a statewide system for rapid dissemination of information. Sets out three conditions for the Alert System to be triggered: (1) a law enforcement officer is killed or suffers serious bodily harm, (2) it is determined that the suspect poses a threat to the public and other law enforcement personnel and that the law enforcement agency with jurisdiction has reliable information that can lead to the location of the individual, and (3) the head of the law enforcement agency with jurisdiction has recommended the issuance of the blue alert. 

Directs the NC Center for Missing Persons (Center) to adopt guidelines and procedures for statewide implementation of the alert system. Also requires the Center to consult with the Department of Transportation (DOT) to develop procedures for the use of overhead message signs as well as the content involved in those messages. Also requires consultation with the Division of Emergency Management in regards to developing procedures for use of the alert system. 

Amends GS 20-185 to authorize the State Highway patrol to appoint retired members to serve in the Highway Patrol Reserve Unit. Authorizes volunteer reserve members to be entitled to all benefits as provided for in GS Chapter 97 except for total and partial incapacity benefits.

Amends GS 14-269.1, Confiscation and disposition of deadly weapons, adding clarifying language that weapons can be used by specified agencies or be sold or traded by court order issued upon the written request of the head or chief of the law enforcement agency or designee (didn't allow for designee before).

Makes clarifying changes to GS 143B-1022 (the NC Silver Alert System), providing that the system is to be used for individuals that also suffer from Alzheimer's disease,or other disabilities that require them to be protected from potential abuse, physical harm, neglect or exploitation (previously, system was only used or triggered for those suffering from dementia or cognitive impairments). Makes conforming changes. Requires the Center to issue a Silver alert upon receiving a request (was, report) involving a missing person or child with the described condition.

Amends GS 20-54 concerning the issuance of registration or certificate of title for motor vehicles, adding a new subdivision (13) providing that the Division of Motor Vehicles cannot issue either if it has been notified by Highway Patrol that the owner of the vehicle has not paid penalties or fees arising from violations for the size, weight, construction or equipment of the vehicle. Effective October 1, 2016, applying to violations committed on or after that date. 

Amends GS 143B-927 and GS 18B-500 authorizing the Director of the State Bureau of Investigation to hire reserve agents as well as reserve alcohol law-enforcement agents, with all being entitled to all the benefits under GS Chapter 97 except for total and partial incapacity benefits.

Amends the definition for the term Emergency as used in the NC Emergency Management Act,  providing that the occurrence or imminent threats of widespread severe damage or injury or loss of life or property resulting from terrorism, public health, explosion related or technological failure or accident, including specified examples is now included in the definition for Emergency. 

Amends GS 66-58(b) to add the Samarcand Training Academy to the list of entities that are exempt from the prohibition of competing in commerce against businesses and the public. 

Amends GS 143B-911 to provide that the State Capital Chief of Police can appoint reserve police officers to assist with particular duties and that such officers are entitled to all the benefits under GS Chapter 97 except for total and partial incapacity benefits.

Directs all State agencies, on or before July 1, 2016, that are identified as principal departments in GS 143B-6 to become direct members of and use the Enterprise Active Directory. Sets out a process to request deviation from certain requirements of the Enterprise Active Directory. 

Amends GS 143B-1320 to add the Department of Public Safety, the State Highway Patrol and Emergency Management, and the State Bureau of Investigation to those entities that are exempt from the provisions of GS Chapter 143B (Executive Organization Act of 1973). Makes conforming changes, adding law enforcement agencies to those entities allowed to elect to participate in the information technology programs, services, or contracts offered by the Department of Information Technology. Specifies the individuals who are responsible for making such an election for the Department of Public Safety and the State Bureau of Investigation. 

Appropriates $8,675,924 in nonrecurring funds for 2016-17 from the General Fund to the State Bureau of Investigation to provide aircraft replacement and essential modern law enforcement equipment. Effective July 1, 2016.

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