Bill Summary for H 362 (2013-2014)

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Summary date: 

Mar 19 2013

Bill Information:

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.

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Bill 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.