Bill Summary for H 902 (2019-2020)

Summary date: 

Jun 26 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 902 (Public) Filed Tuesday, April 16, 2019
AN ACT TO PROVIDE THAT THE DIVISION OF PURCHASE AND CONTRACT OF THE DEPARTMENT OF ADMINISTRATION SHALL REVIEW PROTESTS ON CONTRACTS AND RECEIVE REPORTS ON EMERGENCY PURCHASES BY STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES IF THE DOLLAR AMOUNT EXCEEDS THE EXPENDITURE BENCHMARK ESTABLISHED BY THE SECRETARY OF ADMINISTRATION; TO ELIMINATE OBSOLETE LANGUAGE RELATING TO FURNITURE CONTRACTS FROM THE GENERAL STATUTES; TO PROVIDE PROCUREMENT SIMPLIFICATION AND INCREASED ACCOUNTABILITY; TO CLARIFY PLAN REVIEW, CODE ENFORCEMENT, AND CREATE AN EXEMPTION FROM THE STATE PROPERTY FIRE INSURANCE FUND FOR CERTAIN BUILDINGS WITHIN NC GLOBAL TRANSPARK; TO CREATE A PRISON SOFTWARE MANAGEMENT PILOT PROGRAM; TO CLARIFY THE AUTHORITY OF OWNERS ASSOCIATIONS TO IMPOSE CHARGES FOR STATEMENTS OF UNPAID ASSESSMENTS; TO CLARIFY DISTRICT ATTORNEY DISCRETION IN REGISTRATION REQUIREMENT REVIEWS; AND TO PROVIDE LIMITED IMMUNITY FROM COVID-19 RELATED CLAIMS ARISING FROM THE REOPENING OF PRIVATELY OWNED COMMUNITY SWIMMING POOLS IN ACCORDANCE WITH EXECUTIVE ORDERS ISSUED BY THE GOVERNOR DURING THE COVID-19 STATE OF EMERGENCY.
Intro. by Grange, Bell.

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Bill summary

Conference report makes the following changes to the 4th edition.

Part I.

Amends GS 143-52.1(e) by modifying the State Procurement Officer’s monthly report of contract awards to apply to contracts greater than the benchmark for delegated authority for state agencies established by the Division of Purchase and Contract pursuant to GS 143-53.1. Amends GS 143-53(a) to make identical change for Division of Purchase and Contract review of bid protests and requests for waiver of competition approval. Amends GS 143-53.1(a) limiting the delegated procurement benchmark to no greater than $100,000 and exempts UNC institutions and community colleges from this limit. Amends GS 143-57 to make conforming change to reporting requirement for emergency purchases. Amends GS 143-57.1 regarding State furniture requirements contracts. Modifies the provisions concerning the required condition that awards be made to at least three qualified vendors unless not available, as provided, for each category of goods under each contract, to remove the requirement that a vendor be listed on the State's qualified products list to be a qualified vendor under the provision. 

Part II.

Enacts new GS 58-31-2 providing as follows. Exempts a privately owned or privately leased building that is on state land within the North Carolina Global TransPark from the application of Article 31 of GS Chapter 58 (Insuring State Property, Officials and Employees) if (1) the North Carolina Global TransPark Authority (Authority) requires the owner or lessee to obtain insurance adequate to cover fire loss to underlying and surrounding State owned real property; (2) the owner or lessee obtains and maintains adequate insurance naming the Authority and Department of Transportation as an additional insured for fire losses; and (3) the Authority discloses to the owner or lessee that the State will not reinsure that building and the building is exempt from the State Property Fire Insurance Fund coverage. Sets the minimum amount of insurance at $1 million per occurrence and $2 million aggregate per occurrence. Requires the Authority to give the Commissioner of Insurance 30 days notice that it is entering into or modifying a contract for which the exemption under this statute applies. Requires the Authority to consult with the Commissioner on the adequacy of insurance for fire losses during that period.

Amends GS 63A-24 by exempting the North Carolina Global TransPark Authority from the following: (1) Article 31 of GS Chapter 58 for buildings located on State land privately owned or privately leased that is located within the North Carolina Global TransPark, if the requirements of GS 58-31-2 are met; and (2) plan approvals by the Department of Administration for buildings, facilities, or projects located on state lands (1) privately owned or privately leased; and (2) located within the North Carolina Global TransPark. 

Amends GS 143-139 which gives the Department of Administration, with respect to State buildings, general supervision of the administration and enforcement of all sections of the NC State Building Code related to plumbing, electrical systems, general building restrictions and regulations, heating and air, fire protection, and the construction of buildings generally. Exempts from this buildings, facilities, or projects on State lands within the North Carolina Global TransPark that are privately owned or privately leased. Makes conforming changes to GS 143-345.11 and to the Department's duties under GS 143-341.

Effective October 1, 2020, and applies to projects initiated or contracts entered into, renewed, or modified on or after that date.

Part III.

Transfers $1.8 million in nonrecurring funds from the Statewide Misdemeanant Confinement Fund to the Department of Public Safety (DPS), Division of Adult Correction and Juvenile Justice (Division) for 2020-21 to develop and administer a Prison Software Management Pilot Program (program), to be implemented at Bertie Correctional Institution (BCI) and Pasquotank Correctional Institution (PCI), with operation by October 15, 2020.

States the program’s purpose. Allocates the transferred funds as follows. Allocates $600,000 for deployment of an inmate tracking system at BCI and PCI, and requires the Division to retain necessary vendors and a North Carolina-based service provider by August 15, 2020, subject to specified vendor requirements. Allocates (1) $250,000 for managing program implementation, ascertaining and planning for participating companies, development of performance metrics, and development of a plan to replace the existing system, and (2) $950,000 to retain necessary vendors. Requires the Division to retain any necessary vendors for the second and third allocations by September 15, 2020, consistent with specified vendor requirements. Requires the Division to report to the specified NCGA committee by January 8, 2021, on the status of the program, and a final report to the specified NCGA joint committee by April 1, 2021. Details required content of the final report.

Effective July 1, 2020, and expires on July 1, 2022.

Part IV.

Amends GS 47C-3-102 to explicitly allow unit owners’ associations to impose reasonable charges in connection with the preparation of statements of unpaid assessment up to $200 per statement or request, and an additional expedite fee up to $100 if the request is made within 48 hours of closing. Requires furnishing of the statements of unpaid assessments within 10 business days of receipt of request (current law generally allows for imposing charges for preparation of statements of unpaid assessments). Makes conforming changes to GS 47C-3-118. Makes clarifying changes.

Makes identical changes to GS 47F-3-102 and GS 47F-3-118, regarding planned community owners' associations. Makes clarifying changes.

Part V.

Subject to HB 593 becoming law, amends Section 11.5 of HB 593 to clarify that the District Attorney can petition the court for judicial review of the sex offender registration requirement upon making a preliminary determination, and notifying the person and the sheriff, that an identified individual’s out-of-state or federal conviction is substantially similar to an NC offense that would have required registration as a sex offender at the time of the offense (previously, could have been interpreted as the District Attorney, a designee, or the Office). Effective August 1, 2020.

Part VI.

Enacts Article 8, Private Pools COVID-19 Limited Liability, to GS Chapter 99E, to provide limited civil liability for community pool owners and operators, and their agents, against any claims or actions seeking damages for injury or death resulting from transmission of COVID-19 alleged to have resulted from the reopening of the community pool in accordance with applicable gubernatorial executive orders. Defines community pool to mean a privately owned community swimming pool, including without limitation a swimming pool owned or operated by a multi-unit apartment complex, homeowners' association, or condominium unit owners' association. Restricts the scope to claims or actions arising within one year of expiration or rescission of Executive Order 116. Applies to claims arising on or after the date the act becomes law.

Makes conforming changes to the act's titles.

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