Bill Summary for H 641 (2019-2020)

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Summary date: 

Apr 29 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 641 (Public) Filed Tuesday, April 9, 2019
Intro. by Boles, Pierce, Speciale, R. Turner.

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Bill summary

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

Part II.

Changes the Part's descriptive title.

Changes the proposed new statute number to GS 143B-605 (was, GS 143B-600.1). Modifies the statute to now allow an employee of the Department of Public Safety (Department) to perform work involving the construction, maintenance, or repair of any buildings, appliances, or equipment located in or constituting improvements located on State-owned land without being licensed if the work performed is valued at less than $100,000 or all work is performed as force-account work otherwise authorized by law up to the value authorized (previously also provided for installation work, and included described work on wiring, piping, and devices). Limits the scope to employees on the Department's permanent payroll. Makes organizational changes. 

Part IV.

Deletes the proposed changes to GS 143-341.

Part VI.

Changes the Part's descriptive title.

Part VII.

Changes the Part's descriptive title.

Further amends GS 14-258 to specify that sentences imposed for prisoners' possession of tools for escape must run consecutively to and commence at the expiration of any sentence being served for any offense by the person sentenced.

Part VIII.

Modifies proposed GS 143-18.2, regarding prisoner property, to consistently refer to the personal property of an inmate throughout. Makes technical changes.

Modifies proposed GS 143-295.2 to establish that an inmate's only recourse for property lost, stolen, or otherwise damaged through the negligent handling of the Division of Adult Correction and Juvenile Justice's staff is as provided in new GS 148-18.2 (previously, more specifically provided for the Department to reimburse the inmate for the value of the item or provide its replacement as described in new GS 148-18.2). Makes technical changes.

Modifies the proposed changes to GS 143-291 to more specifically establish that the Industrial Commission (Commission) has no jurisdiction over any claim for personal injury brought by an inmate in the custody of the Division unless the inmate has exhausted the Department’s Administrative Remedy Procedure set out in GS 148-118.2. 

Modifies and adds to the proposed changes in GS 143-291.2 to specify that the Commission can tax costs of any action or appeal against an incarcerated inmate granted indigent status if the inmate's claim under Article 31 is dismissed on the grounds that it is frivolous, malicious, not within the statute of limitations, exceeds the exclusive jurisdiction of the Industrial Commission (Commission), or fails to state a claim upon which relief can be granted, and the inmate has brought an action which has been dismissed for one of the same reasons on three or more prior occasions while incarcerated or detained in any State facility (previously prohibited granting indigent status for a currently incarcerated inmate who had three or more prior dismissals as described).

Deletes the proposed changes to GS 143-295 and instead allows claims for personal injury by an inmate in custody of the Division to settle for an amount of no more than $25,000 without the approval of the Industrial Commission (previously made changes to authorize claims to be settled upon agreement between the various State departments, institutions, and agencies and the claimant without approval of the Commission for an amount not to exceed $25,000). Allows the Department Secretary to delegate the authority to settle these claims. Specifies that filing of an affidavit under GS 143-297 is not required for these settlements.

Deletes the proposed changes to GS 143-299.1A, regarding when the public duty doctrine can be used as an affirmative defense.

Clarifies that Part XIII applies to claims filed on or after July 1, 2019.

Part IX.

Makes technical and clarifying changes to the proposed additions to GS 20-54 and GS 20-110. Makes further technical changes to GS 20-110.

Changes the effective date of Part IX to September 1, 2019 (was, 90 days after the act becomes law). 

Part XI.

Makes a clarifying change to the changes proposed to GS 8-53.10 to refer consistently to "emergency personnel officers."

Part XII.

Enacts GS 143B-1022, establishing the Green Alert System (System) within the NC Center for Missing Persons (Center) to provide a statewide system for the rapid dissemination of information regarding a missing person who is believed to be suffering from posttraumatic stress disorder that requires them to be protected from potential abuse or other physical harm, neglect, or exploitation. Requires the Center to issue an alert and disseminate information on such a missing person upon request and as quickly as possible upon report to law enforcement. Requires the Center to adopt guidelines and develop procedures for issuing alerts. Directs the Center to provide education and training to encourage broadcasters' participation in the alert, provided specific health information is not made public. Requires consultation with the Department of Transportation (DOT) to develop a procedure for using the overhead permanent message signs to provide missing person information under the statute. Requires the Center and DOT to develop guidelines for using the message signs.