Bill Summary for H 362 (2013-2014)

Summary date: 

May 1 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

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Deletes Section 1 of the previous edition which repealed GS 20-196.3.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

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