GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2013-289
HOUSE BILL 362
AN ACT to make technical, clarifying, and substantive changes relating to the department of public safety and to eliminate the benchmark ceiling relating to purchases and contracts.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 143-134 reads as rewritten:
"§
143-134. Applicable to Department of Transportation and Division of
Adult Correction of the Department of Public Safety; exceptions; all
contracts subject to review by Attorney General and State Auditor.
(a)
This Article shall apply applies to the Department of
Transportation and the Division of Adult Correction of the Department of
Public Safety except in the construction of roads, bridges and their
approaches; provided however, that whenever the Director of the Budget
determines that the repair or construction of a building by the Department of
Transportation or by the Division of Adult Correction of the Department
of Public Safety can be done more economically through use of employees of the
Department of Transportation and/or prison inmates than by letting such the
repair or building construction to contract, the provisions of this Article
shall not apply to such the repair or construction.
(b)
Notwithstanding the provisions of subsection (a) of this section, the
Department of Transportation and the Division of Adult Correction of the
Department of Public Safety shall: (i) submit all proposed contracts for
supplies, materials, printing, equipment, and contractual services that exceed
one million dollars ($1,000,000) to the Attorney General or the Attorney
General's designee for review as provided in G.S. 114-8.3; and (ii)
include in all contracts to be awarded by the Department of Transportation or the
Division of Adult Correction of the Department of Public Safety a standard
clause which provides providing that the State Auditor and
internal auditors of the Department of Transportation or the Department of
Public Safety may audit the records of the contractor during and after the term
of the contract to verify accounts and data affecting fees and performance.
Neither the Department of Transportation nor the Division of Adult
Correction of the Department of Public Safety shall award a cost plus
percentage of cost agreement or contract for any purpose."
SECTION 2. G.S. 143B-600(a) reads as rewritten:
"(a)
There is established the Department of Public Safety. The head of the
Department of Public Safety is the Secretary of Public Safety, who shall be
known as the Secretary. The Department shall consist of six divisions and an
Office of External Affairs as follows:
(1)
The Division of Adult Correction, which shall consist of the former
Department of Correction. The head of the Division of Adult Correction shall be
a chief deputy secretary, who shall be responsible for prisons, community
corrections, correction enterprises, alcoholism and chemical dependency
treatment, offender records management, and extradition.
(2)
The Division of Juvenile Justice, which shall consist of the former
Department of Juvenile Justice and Delinquency Prevention. The head of the
Division of Juvenile Justice shall be a chief deputy secretary, who shall be
responsible for youth detention centers, court services, community programs,
and youth development centers.
(3)
The Division of Law Enforcement, which shall consist of the following former
divisions of the Department of Crime Control and Public Safety: the State
Highway Patrol, the Alcohol Law Enforcement Division, and the State Capitol
Police Division. The head of the Division of Law Enforcement shall be a chief
deputy secretary.
(4)
The Division of Emergency Management, which shall consist of the former
Division of Emergency Management of the Department of Crime Control and Public
Safety and the Civil Air Patrol.
(5)
The North Carolina National Guard.
(6)
The Division of Administration, the head of which shall be a chief deputy
secretary responsible for all administrative functions, including fiscal,
auditing, information technology, purchasing, human resources, training,
engineering, and facility management functions for the Department. Within the
Division, there is established a Grants Management Section, which shall consist
of the Governor's Crime Commission and the Juvenile Crime Prevention Council
Fund. There is also established within the Division a Research and Planning
Section responsible for statistics, research, and planning to facilitate
regular improvement in the structure, administration, and programs of the
Department of Public Safety. The Research and Planning Section may cooperate
with and seek the cooperation of public and private agencies, institutions,
officials, and individuals in the development and conduct of programs to
compile and analyze statistics and to conduct research in criminology and
correction. The Research and Planning Section shall be the single State agency
responsible for the coordination and implementation of ex-offender reentry
initiatives.
(7)
The Office of External Affairs, which shall be responsible for federal and
State liaison activities, victim services, the Victim Services Warehouse and
the storage and management of evidence and other contents housed in the
warehouse, and public affairs."
SECTION 3. G.S. 143B-602(8) reads as rewritten:
"(8)
Other powers and duties. - The Secretary shall have has the
following additional powers and duties:
…
h. Being responsible for federal and State liaison activities, victim services, the Victim Services Warehouse, and the storage and management of evidence and other contents housed in the warehouse, and public affairs."
SECTION 4. G.S. 143B-710 is repealed.
SECTION 5. G.S. 143B-806 reads as rewritten:
"§ 143B-806. Duties and powers of the Division of Juvenile Justice of the Department of Public Safety.
(a)
The head of the Division is a Chief Deputy Secretary appointed by the
Secretary of Public Safety. The Chief Deputy Secretary shall have the powers
and duties conferred by this Chapter, delegated by the Secretary of Public
Safety or the Governor, and conferred by the Constitution and laws of this
State. The Secretary of Public Safety shall be responsible for effectively and
efficiently organizing the Division to promote the policy of the State as set
forth in this Part and to promote public safety and to prevent the commission
of delinquent acts by juveniles.
(b)
The Chief Deputy Secretary shall have head of the Division is the
Commissioner of Juvenile Justice with the following powers and duties:
...."
SECTION 6. G.S. 148-132 reads as rewritten:
"§ 148-132. Distribution of products and services.
The Section of Correction Enterprises of the Division of Adult Correction is empowered and authorized to market and sell products and services produced by Correction Enterprises to any of the following entities:
(1) Any public agency or institution owned, managed, or controlled by the State.
(2) Any county, city, or town in this State.
(3) Any federal, state, or local public agency or institution in any other state of the union.
(4)
An entity or organization that has tax-exempt status pursuant to section
501(c)(3) of the Internal Revenue Code and also receives local, state, or
federal grant funding.Code. Products purchased by an entity pursuant to
this subdivision may not be resold.
(5) Any current employee or retiree of the State of North Carolina or of a unit of local government of this State, verified through State-issued identification, or through proof of retirement status, but purchases by a State or local governmental employee or retiree may not exceed two thousand five hundred dollars ($2,500) during any calendar year. Products purchased by State and local governmental employees and retirees under this section may not be resold.
(6) Private contractors when the goods purchased will be used to perform work under a contract with a public agency."
SECTION 7. G.S. 143-53(a)(2) reads as rewritten:
"(2)
Prescribing the routine, including consistent contract language, for securing
bids on items that do not exceed the bid value benchmark established under the
provisions of G.S. 143-53.1 G.S. 143-53.1, 115D-58.14, or
G.S. 116-31.10. 116-31.10. The purchasing delegation bid
value benchmark for securing offers (excluding the special
responsibility constituent institutions of The University of North Carolina),for
each State department, institution, agency, and community college and
agency established under the provisions of G.S. 143-53.1 shall be
determined by the Director of the Division of Purchase and Contract. For the
State agencies this shall be doneContract following the Director's
consultation with the State Budget Officer and the State Auditor. The Director
for the Division of Purchase and Contract may set or lower the delegation,benchmark,
or raise the delegationbenchmark upon written request by the
agency, after consideration of their overall capabilities, including staff
resources, purchasing compliance reviews, and audit reports of the individual
agency. The routine prescribed by the Secretary shall include contract award
protest procedures and consistent requirements for advertising of solicitations
for securing offers issued by State departments, institutions, universities
(including the special responsibility constituent institutions of The
University of North Carolina), agencies, community colleges, and the public
school administrative units."
SECTION 8. G.S. 143-53.1(a) reads as rewritten:
"(a)
On and after July 1, 1997, July 1, 2014, the procedures
prescribed by G.S. 143-52 with respect to competitive bids and the bid
value benchmark authorized by G.S. 143-53(a)(2) with respect to rule making
by the Secretary of Administration for competitive bidding shall promote
compliance with the principles of procurement efficiency, transparency, and
fair competition to obtain the State's business.be no more than twenty-five
thousand dollars ($25,000); provided, the Secretary of Administration may, in
his or her discretion, increase the benchmarks effective as of the beginning of
any fiscal biennium of the State commencing after June 30, 1999, in an amount
whose increase, expressed as a percentage, does not exceed the rise in the
Consumer Price Index during the fiscal biennium next preceding the effective
date of the benchmark increase. For a special responsibility constituent
institution of The University of North Carolina, the benchmark prescribed in this
section shall be is as provided in G.S. 116-31.10. For
community colleges, the benchmark prescribed in this section shall be is
as provided in G.S. 115D-58.14."
SECTION 9. G.S. 20-185 is amended by adding a new subsection to read:
"(a1) Applicants for employment as a State Trooper shall be at least 21 years of age and not more than 39 years of age as of the first day of patrol school. Highway Patrol enforcement personnel hired on or after July 1, 2013, shall retire not later than the end of the month in which their 62nd birthday falls."
SECTION 10. G.S. 20-196.3 reads as rewritten:
"§ 20-196.3. Who may hold supervisory positions over sworn members of the Patrol.
Notwithstanding any other
provision of the General Statutes of North Carolina, it shall be unlawful
for any person other than the Governor and the Statutes, only the
following individuals may hold a supervisory position over sworn members of the
Patrol:
(1) The Governor.
(2) The Secretary of Public Safety or the Commissioner of the Law Enforcement Division.
(3)
and other than a A uniformed member of the North Carolina State
Highway Patrol who has met all requirements for employment within the Patrol,
including but not limited to completion of the basic Patrol school,to
hold any supervisory position over sworn members of the Patrol.school."
SECTION 11. G.S. 66-25 reads as rewritten:
"§ 66-25. Acceptable listings as to safety of goods.
(a)
All electrical materials, devices, appliances, and equipment shall be evaluated
for safety and suitability for intended use. Except as provided in
subsection (b) of this section, thisThis evaluation shall be
conducted in accordance with nationally recognized standards and shall be
conducted by a qualified testing laboratory. The Commissioner of Insurance,
through the Engineering Division of the Department of Insurance, shall
implement the procedures necessary to approve suitable national standards and
to approve suitable qualified testing laboratories. The Commissioner may assign
his authority to implement the procedures for specific materials, devices,
appliances, or equipment to other agencies or bodies when they would be
uniquely qualified to implement those procedures.
In the event that the Commissioner determines that electrical materials, devices, appliances, or equipment in question cannot be adequately evaluated through the use of approved national standards or by approved qualified testing laboratories, the Engineering Division of the Department of Insurance shall specify any alternative evaluations which safety requires.
The Engineering Division of the Department of Insurance shall keep in file, where practical, copies of all approved national standards and resumes of approved qualified testing laboratories.
(b) Electrical devices, appliances, or equipment used by the Division of Adult Correction of the Department of Public Safety shall be evaluated for safety and suitability by the Central Engineering Section of the Department of Public Safety. The evaluation shall be conducted in accordance with nationally recognized standards."
SECTION 12. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 10th day of July, 2013.
s/ Daniel J. Forest
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 6:16 p.m. this 18th day of July, 2013