HB 641 — Modifications to Various DPS Provisions.
Last action — Passed 2nd Reading
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2019-2020 Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
396 added · 449 removedPlain-language change summary
The revised version of House Bill 641 updates the language regarding certain Department of Public Safety employees who can perform construction and maintenance work on state-owned buildings without needing a state license. Specifically, it simplifies the types of work covered and clarifies that only work valued under $100,000 qualifies for this exemption. This change is significant because it can expedite repairs and maintenance on state properties, allowing for more efficient use of resources and potentially saving costs for the state.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 12 HOUSE BILL 641 Committee Substitute Favorable 4/29/19 Short Title:
Representatives Boles, Pierce, Speciale, and R.
Turner (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Judiciary, if favorable, Rules, Calendar, and Operations of the House April 10, 2019 A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES TO LAWS RELATED TO PUBLIC SAFETY, AS RECOMMENDED BY THE DEPARTMENT OF PUBLIC SAFETY.
NC NATIONAL GUARD CIVILIAN LEAVE OPTION.OPTION SECTION 1.
SECTION 1.
LAPSEDAUTHORIZE PROVISIONCERTAIN PROVIDINGDEPARTMENT DEPARTMENTALOF MAINTENANCEPUBLIC WORKERSSAFETY EMPLOYEES TO REPAIRCONSTRUCT, CERTAINMAINTAIN, SYSTEMS,OR SUCHREPAIR ASSTATE-OWNED ELECTRICALBUILDINGS OR PLUMBING,EQUIPMENT WITHOUT REQUIRING LICENSURE BY STATE LICENSING BOARDS.BOARDS SECTION 2.
SECTION 2.
"§ 143B-600.1.143B-605.
(a) Notwithstanding any other provision of the law, an employee of the North Carolina Department of Public Safety may perform work involving the installation, construction, maintenance, orrepairofor anybuildings,repair wiring,piping,of devices,any building, appliances, orequipmentor equipment located in or constituting improvements located on State-owned land without the requirement of licensure under Chapter 87 of the General Statutes if theall workof is performed by an employee who is employed by the Departmentfollowing andapply: either the work performed is valued at less than one hundred thousand dollars($100,000)or all workis performedas force-account work otherwise authorized bylawup to thevalueauthorized.
TheOffice(1) ofStateConstructionThe mayregulateworkwork is performed pursuantby toan thisemployee sectionon tothe ensurepermanent compliancepayroll withof buildingthe andDepartment. safety codes.
Nothing(2) inThe thisvalue section shall be construed to allow an employee of awork Stateperformed agencyis orless institutionthan toone engagehundred inthousand anydollars activities($100,000) described in this section privately or outsideall thework employee'sis scopeperformed ofas employmentforce-account withoutwork meeting all licensure requirements otherwise requiredauthorized by law."law *H641-v-1*up Generalto Assemblythe Ofvalue Northauthorized. Carolina Session 2019 PART III.
CLARIFY(b) ANDThe REVISEOffice DUTIESof ANDState POWERSConstruction OFmay PROBATIONregulate OFFICERS.work performed pursuant to this section to ensure compliance with building and safety codes.
SECTIONNothing 3.in this section shall be construed to allow an employee of a State agency or institution to engage in any activities *H641-v-2* General Assembly Of North Carolina Session 2019 described in this section privately or outside the employee's scope of employment without meeting all licensure requirements otherwise required by law." 4 PART III.
CLARIFY AND REVISE DUTIES AND POWERS OF PROBATION OFFICERS SECTION 3.
"(a)(a) A probation officer shall investigate all cases referred to him the officer for investigation by the judges of the courts or by the Secretary of Public Safety.
A probation officer shall have, in the execution of his the officer's duties, the powers of arrest and, to the extent necessary for the performanceofhis duties, thesameright to executeprocess as is now given, orthatmayhereafter bebegivenbylaw,tothesheriffsofthisState.andtheauthorityto givenserveanywarrantorotherprocess by law, to the sheriffs of this State.the authority to serve any warrant or other process issuing from any of the courts of the State having criminal jurisdiction.
(d) Probation officers shall have subject matter jurisdiction of law enforcement officers when responding to active assailant incidents and civil disturbances or when assigned by the Secretary to perform additional duties during times of manmademan-made or natural disasters." PART IV.V.
MOTORCLARIFY, FLEETEXPAND, EXEMPTIONAND FORREVISE PROBATIONDUTIES OFFICERS.OF POST-RELEASE SUPERVISION AND PAROLE COMMISSION SECTION 5.
SECTION 4.
143-341(8)i.3.
reads as rewritten:
"3.
To require on a schedule determined by the Department all State agencies to transfer ownership, custody or control of any or all passenger motor vehicles within the ownership, custody orcontrol ofthatagencyto theDepartment, except thosemotor vehicles under the ownership, custody or control of the Highway Patrol, the State Bureau of Investigation, the SamarcandTrainingAcademy, CommunityCorrections, orthe constituent institutions of The University of North Carolina which are used primarily for law-enforcement purposes." PART V.
CLARIFY, EXPAND, AND REVISE DUTIES OF POST-RELEASE SUPERVISION AND PAROLE COMMISSION.
SECTION 5.
G.S.
(a) There is hereby created a Post-Release Supervision and Parole Commission of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety with the Page 2 House Bill 641-First Edition General Assembly Of North Carolina Session 2019 authorityto grant paroles, including both regular andtemporaryparoles, to personsheld byvirtue of anyfinal order or judgment of anycourt of this State as provided in Chapter 148 of the General Statutes and laws of the State of North Carolina, except that persons sentenced under Article 81B of Chapter 15A of the General Statutes are not eligible for parole but may be conditionally released into the custody and control of United States Immigration and Customs Enforcement pursuant to G.S.
The Commission shall also have authority to revoke, terminate, and suspend paroles of such persons (including persons placed on parole on or before the effective date of the Executive Organization Act of 1973) and to assist the Governor in exercising his the Governor's authority in granting reprieves, commutations, and pardons, and shall perform such Page 2 House Bill 641-Second Edition General Assembly Of North Carolina Session 2019 other services as may be required by the Governor in exercising his the Governor's powers of executive clemency.
Statutes, and issue orders of temporary or conditional revocation of post-release supervision and parolesubjectingsupervisees and parolees to arrest byalawenforcementbyalawenforcementofficerorapost-release officerorapost-release supervision and parole officer.
REQUIRE AN ACTIVE SENTENCE FOR MALICIOUS CONDUCT BY PRISONERPRISONERS CLARIFICATION.WITHOUT EXCEPTIONS FOR NONVIOLENT FIRST-TIME OFFENDERS, CONDITIONAL DISMISSALS UNDER G.S.
CLARIFY90-96, MALICIOUSOR CONDUCTOTHER STATUTECOMPARABLE TOJUDICIAL EXPRESSLYDISPOSITION REQUIREALTERNATIVES ANSECTION ACTIVE6.(a) SENTENCEG.S. FOR FELONY OFFENSES.
(NO EXCEPTIONS FOR NONVIOLENT FIRST TIME OFFENDERS, CONDITIONAL DISMISSALS UNDER G.S.
90-96, OR OTHER COMPARABLE JUDICIAL DISPOSITION ALTERNATIVES.) SECTION 6.(a) G.S.
(d) Sentences imposed under this Article section shall run consecutively to and shall commence at the expiration of any sentence being served served,served for any offense,offense by the person sentenced under this section.sentenced." SECTION 6.(b) This section is effective December 1, 2019, and applies to offenses committed on or after that date.
PROVIDINGREQUIRE FORBIDDENAN ARTICLESACTIVE ORSENTENCE FOR POSSESSION BY PRISONERS OF TOOLS TO EFFECT AN ESCAPE OR TO AID IN AN ASSAULT OR INSURRECTION WITHOUT EXCEPTION FOR ESCAPE;NONVIOLENT FIRST-TIME OFFENDERS, CONDITIONAL DISMISSALS UNDER G.S.
POSSESSING90-96, TOOLSOR FOROTHER ESCAPECOMPARABLE CLARIFICATION.JUDICIAL DISPOSITION ALTERNATIVES SECTION 7.(a) G.S.
CLARIFY STATUTE TO EXPRESSLY REQUIRE AN ACTIVE SENTENCE FOR FELONY OFFENSES.
(NO EXCEPTIONS FOR NONVIOLENT FIRST TIME OFFENDERS, CONDITIONAL House Bill 641-First Edition Page 3 General Assembly Of North Carolina Session 2019 DISMISSALS UNDER G.S.
Show all 138 changed lines (98 more)
90-96, OR OTHER COMPARABLE JUDICIAL DISPOSITION ALTERNATIVES.) SECTION 7.(a) G.S.
House Bill 641-Second Edition Page 3 General Assembly Of North Carolina Session 2019 (c) Possessing Tools for Escape.
– The provisions of this section apply to violations committed inside or outside of the prison, jail, detention center, or other confinement facility."facility. SECTION 7.(b) G.S.
(e) Sentences imposed under subsection (c) of this section shall run consecutively to and shall commence at the expiration of any sentence being served for any offense by the person sentenced." SECTION 7.(b) G.S.
TORT CLAIMS REVISIONS.ACT REVISIONS SECTION 8.(a) Article 2 of Chapter 148 of the General Statutes is amended by adding a new section to read:
SECTION"§ 8.(a)148-18.2. Article 1 of Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143-18.2.
(b) When the personal property of an inmate in the custody of the Department of Public Safety, Division of Adult Correction and Juvenile Justice, is lost, destroyed, or otherwise damaged through the negligent maintenance of the correctional facility or the negligence of staffits membersstaff, of the correctional facility, the Department of Public Safety shall reimburse the inmate for the value of the item, or provide for replacement of the item, when the Department's Administrative RemediesRemedy Procedure results in this recommendation.
This shall be the inmate's sole remedy for personal property loss, damage, or destruction.
(c) Reimbursement shall be calculated in a manner authorized by the Department of Public Safety, Division of Adult Correction and Juvenile Justice Policy,policy, but in no event shall reimbursement exceed a maximum of two hundred fifty dollars ($250.00) per incident, nor shall an inmate in the custody of the Department of Public Safety, Division of Adult Correction and Juvenile Justice, be reimbursed for lost, damaged, or destroyed StateState-issued issued property." SECTION 8.(b) Article 131 of Chapter 143 of the General Statutes is amended by adding a new section to read:
Page 4 House Bill 641-First Edition General Assembly Of North Carolina Session 2019 When the property of an inmate in the custody of the Department of Public Safety, Division of Adult Correction and Juvenile Justice, is lost, destroyed, or otherwise damaged through the negligent handlingmaintenance of itsthe correctional facility,facility or staffthe membersnegligence thereof,of its staff, the inmate shall have no recourse under this article.Article but shall have recourse as provided in G.S.
Instead, the Department of Public Safety shall reimburse the inmate for the value of the item, or provide for replacement of the item, as described in G.S.
(a) The North Carolina Industrial Commission is hereby constituted a court for the purpose of hearing and passing upon tort claims against the State Board of Education, the Board Page 4 House Bill 641-Second Edition General Assembly Of North Carolina Session 2019 of Transportation, and all other departments, institutions and agencies of the State.
(a1)… (e) The unitIndustrial ofCommission Stateshall governmenthave thatno employedjurisdiction theover employeeany atclaim thefor timepersonal theinjury causebrought ofby actionan aroseinmate shallin pay the firstcustodyof onethe hundredDepartment fiftyof thousandPublic dollarsSafety, ($150,000)Division of liability,Adult Correction and Juvenile Justice, unless and until the balanceinmate ofhas anyfirst paymentexhausted owedthe shallDepartment's beAdministrative paidRemedy inProcedure, accordanceas withestablished by G.S.
143-299.4.
(b) If a State agency, otherwise authorized to purchase insurance, purchases a policy of commercial liability insurance providing coverage in an amount at least equal to the limits of the State Tort Claims Act, such insurance coverage shall be in lieu of the State's obligation for payment under this Article.
(c) The North Carolina High School Athletic Association, Inc., is a State agency for purposes of this Article, and its liability in tort shall be only under this Article.
This subsection does not extend to any independent contractor of the Association.
The Association shall be obligated for payments under this Article, through the purchase of commercial insurance or otherwise, in lieu of any responsibility of the State or The University of North Carolina for this payment.
The Association shall be similarly obligated to reimburse or have reimbursed the Department of Justice for anyexpenses in defending anyclaim against the Association under this Article.
(d) Liability in tort of the State Health Plan for Teachers and State Employees for noncertifications as defined under G.S.
58-50-61 shall be only under this Article.
(e) The Industrial Commission shall have no jurisdiction over any claim brought by an inmate in the custody of the Department of Public Safety, Division of Adult Correction and Juvenile Justice, unless and until the inmate has first exhausted the Department's Administrative Remedy Procedure, as established by G.S.
House Bill 641-First Edition Page 5 General Assembly Of North Carolina Session 2019 (a) Upon approval of the Administrative Remedy Procedure by a federal court as authorized and required by 42 U.S.C.
(b)House TheBill Industrial641-Second CommissionEdition shallPage charge5 aGeneral filingAssembly feeOf forNorth eachCarolina affidavitSession initiating2019 a… claim(c) filedAny undercurrently thisincarcerated Articleinmate inbringing ana amountclaim equalunder tothis theArticle filingwho feehas chargedbeen forgranted civilindigent actionsstatus inshall thebe SuperiorCourtDivisionoftheGeneralCourtofJustice.Nofilingfeeshallberequiredofindigenttaxed persons, provided each claim by an indigent complies with all statutory and administrative requirements applicable to the filingcosts of civilany actionsaction byor indigentsappeal inunder thethis SuperiorArticle Courtwhen Divisionall of the Generalfollowing Courtapply: of Justice.
(c)(1) InThe noinmate's event shall a currently incarcerated inmate, bringing a claim underis this Article, be granted indigent status if the inmate has, on three or more prior occasions, while incarcerated or detained in any State facility, brought an action or appeal before the Industrial Commission which was dismissed on the grounds that it is frivolous, malicious, not within the statute of limitations, exceeds the exclusive jurisdiction of the Industrial Commission, or fails to state a claim upon which relief may be granted."granted. SECTION 8.(f) G.S.
143-295(2) readsThe asinmate rewritten:has, on three or more prior occasions, while incarcerated or detained in anyState facility, brought an action or appeal before the Industrial Commission which was dismissed on the grounds that it is frivolous, malicious, not within the statute of limitations, exceeds the exclusive jurisdiction of the Industrial Commission, or fails to state a claim upon which relief may be granted." SECTION 8.(f) G.S.
"§143-295 143-295.is amended by adding a new subsection to read:
Settlement"(b1) Notwithstandingsubsection(a)ofthissection,claimsforpersonalinjurybyaninmate in the custody of claims.the Department of Public Safety, Division of Adult Correction and Juvenile Justice,maybesettledupon agreementbetweentheclaimantandtheSecretaryoftheDepartment of Public Safety for an amount not in excess of twenty-five thousand dollars ($25,000) without the approval of the Industrial Commission.
(a)The AnySecretary claims except claims of minors pending or hereafter filed against the various departments, institutions and agencies of the State may bedelegate settled upon agreement between the claimantauthority andto thesettle Attorneyclaims Generalunder forthis ansubsection. General, or between the various departments, institutions, and agencies of the State and the claimant, for any amount not in excess of twenty-five thousand dollars ($25,000), without the approval of the Industrial Commission.
TheIn Attorneysettlement Generalof may also make settlements by agreement for claims inunder excessthis ofsubsection, twenty-fivethe thousandfiling dollars ($25,000) and claims of infantsan oraffidavit personsas nonset suiforth juris,in providedG.S. such claims have been subject to review and approval by the Industrial Commission.
Page143-297 6shall Housenot Billbe 641-Firstrequired." EditionSECTION General8.(g) AssemblyArticle Of31 Northof CarolinaChapter Session143 2019of (b) In settlements under twenty-five thousand dollars ($25,000), agreed upon between the Attorney General General,Statutes oris theamended variousby departments,adding institutions,a andnew agenciessection ofto theread: State, and the claimant, the filing of an affidavit as set forth in G.S.
143-297 shall not be required.
(c) Transfer of title of a motor vehicle acquired in behalf of the State in settlement of claim pursuant to the provisions of this Article may be transferred by the Attorney General in the same manner as provided for such transfer by an insurance company under the provisions of G.S.
20-75." SECTION 8.(g) Article 1 of Chapter 143 of the General Statutes is amended by adding a new section to read:
The Department of Public Safety, Division of Adult Correction and Juvenile Justice, shall not be liable for damages under this Article for the acts or the omissions of its employees tasked with the supervision, protection, control, confinement, or custody of the State's inmate population, unless such acts or omissions amount to gross negligence." SECTION 8.(h) G.S.This section becomes effective July 1, 2019, and applies to claims filed on or after that date.
143-299.1APART readsIX. as rewritten:
"§UPDATE 143-299.1A.STATUTE TO BECOME PRISM STEP 6 COMPLIANT SECTION9.(a) Article3ofChapter20oftheGeneralStatutesisamendedbyadding a new section to read:
Limit use of public duty doctrine as an affirmative defense.
(a) Except as provided in subsection (b) of this section, the public duty doctrine is an affirmative defense on the part of the State department, institution, or agency against which a claim is asserted if and only if the injury of the claimant is the result of any of the following:
(1) The alleged negligent failure to protect the claimant from the action of others or from an act of God by a law enforcement officer as defined in subsection (d) of this section.
(2) The alleged negligent failure of an officer, employee, involuntary servant or agent of the State to perform a health or safety inspection required by statute.
(b) Notwithstanding subsection (a) of this section, the affirmative defense of the public duty doctrine may not be asserted in any of the following instances:
(1) Where there is a special relationship between the claimant and the officer, employee, involuntary servant or agent of the State.
(2) When the State, through its officers, employees, involuntary servants or agents, has created a special duty owed to the claimant and the claimant's reliance on that duty is causally related to the injury suffered by the claimant.
(3) Where the alleged failure to perform a health or safety inspection required by statute was the result of gross negligence.
(c) This section does not apply to a unit of local government or its officers, employees, or agents.
(d) Nothing in subsection (b) of this section shall limit the application of the public duty doctrine in cases where the claimant is an inmate in the custody of the Department of Public Safety, Division of Adult Correction and Juvenile Justice, except where the injury arises as the result of the Department's, or its staff members', gross negligence.
(d)(e) For purposes of this section, "law enforcement officer" means a full-time or part-time employee or agent of a State department, institution, or agency or an agent of the State operating under an agreement with a State department, institution, or agency of the State who is any of the following:
(1) Actively serving in a position with assigned primary duties and responsibilities for prevention and detection of crime or the general enforcement of the criminal laws of the State or serving civil processes.
(2) Possesses the power of arrest by virtue of an oath administered under the authority of the State.
(3) Is a juvenile justice officer, chief court counselor, or juvenile court counselor.
House Bill 641-First Edition Page 7 General Assembly Of North Carolina Session 2019 (4) Is a correctional officer performing duties of custody, supervision, and treatment to control and rehabilitate criminal offenders.
(5) Is a firefighter as defined in G.S.
106-955(1).
(6) Is a probation officer appointed under Article 20 of Chapter 15 of the General Statutes." 7 PART IX.
UPDATE STATUTE TO BECOME PRISM STEP 6 COMPLIANT.
SECTION9.(a) Article3ofChapter20oftheGeneralStatutesisamended byadding a new section to read:
20-5420-54(9) reads as rewritten:
"§"(9) 20-54.The applicant motor carrier is subject to an order issued by the Federal Motor Carrier Safety Administration or the Division to cease all operations based on a finding that the continued operations of the motor carrier pose an "imminent hazard" as defined in 49 C.F.R.
Authority for refusing registration or certificate of title.
The Division shall refuse registration or issuance of a certificate of title or any transfer of registration upon any of the following grounds:
… (9) The applicant motor carrier is subject to an order issued by the Federal Motor Carrier Safety Administration or the Division to cease all operations based on a finding that the continued operations of the motor carrier pose an "imminent hazard" as defined in 49 C.F.R.
The Division shall denyregistrationofavehicleofamotorcarrieriftheapplicant fails to disclose material information required, or if the applicant has made a materially false statement on the application, or if the applicant has applied as a subterfuge for the real partypartyin in interest who has been issued a Federalfederal Motorout-of-service Carrierorder, Safetyor AdministrationPage out-of-service6 order,House orBill 641-Second Edition General Assembly Of North Carolina Session 2019 if the applicant's business is operated, managed, or otherwise controlled by or affiliated with a person who is ineligible for registration, including the applicant entity, a relative, family member, corporate officer, or shareholder.
TheDepartmentshalldenyregistrationforavehiclethathasbeenThe Division shall deny registration for a vehicle that has been assigned for safety to a commercial motor carrier who has been prohibited fromoperatingbytheFederalMotorCarrierSafetyAdministrationoracarrierfrom operating by the Federal Motor Carrier Safety Administration or a carrier whose business is operated, managed, or otherwise controlled by or affiliated with apersona whoisperson who is ineligible forregistration,includingthefor owner,aregistration, including the owner, a relative, family member, corporate officer, or shareholder.shareholder." SECTION 9.(c) G.S.
…." SECTION 9.(c) G.S.
… (m) The Division shall rescind and cancel the registration of vehicles of a motor carrier that is the subject to an of an order issued bytheby the Federal Motor Carrier Safety Administration or the Division to cease all operations based on a finding that the continued operations of the motor carrier pose an "imminent hazard" as defined in 49 C.F.R.
(n) The Division shall rescind and cancel the registration of a vehicle of a motor carrier if the applicant fails to disclose material information required, or if the applicant has made a materially false statement on the application, or if the applicant has applied as a subterfuge for the real party in interest who has been issued a Federalfederal Motor Carrier Safety Administration out-of-service order, or if the applicant's business is operated, managed, or otherwise controlled by or affiliated with a person who is ineligible for registration, including the applicant entity, a relative, family member, corporate Page 8 House Bill 641-First Edition General Assembly Of North Carolina Session 2019 officer, or shareholder.
The Division shall rescind and cancel the registration for a vehicle that has been assigned for safety to a commercial motor carrier who has been prohibited from operating by the Federal Motor Carrier Safety Administration or a carrier whose business is operated, managed, or otherwise controlled by or affiliated with a person who is ineligible for registration, including the owner, a relative, family member, corporate officer, or shareholder." SECTION 9.(d) G.S.
"§"(a) 20-381.The Department of Public Safety has the following powers and duties concerning motor carriers:
Specific powers and duties of Department of Public Safety applicable to motor carriers;
agricultural exemption.
(a) The Department of Public Safety has the following powers and duties concerning motor carriers:
20-110(n)." SECTION 9.(e) This actsection is effective 90September days1, after2019. it becomes law.
House Bill 641-Second Edition Page 7 General Assembly Of North Carolina Session 2019 PART X.
RECODIFY DEFINITIONS SECTION FROM ARTICLE 32 OF CHAPTER 14 OF THE GENERAL STATUTES TO ARTICLE 33 OF CHAPTER 14 OF THE GENERAL STATUTES.STATUTES SECTION 10.
SECTION 10.
6 PART XI.
UPDATE PEER SUPPORT STATUTE TO INCLUDE ALL FIRST RESPONDERS.RESPONDERS SECTION 11.
SECTION 11.
… House Bill 641-First Edition Page 9 General Assembly Of North Carolina Session 2019 (3) Peer counselor.
Has received training to provide emotional and moral support and counseling to client law enforcement employees employees, emergency personnel,personnel officers, and their immediate families;
– Any communication made by a client law enforcement employee employee, emergency personnel,personnel officer, or a member ofoftheclientlawenforcementemployee'simmediatefamilytoapeercounselor thewhile clientlawenforcementemployee'simmediatefamilytoapeercounselorwhile receiving counseling." PART XII.
EFFECTIVEESTABLISH DATE.A GREEN ALERT SYSTEM SECTION 12.
SECTIONSubpart 12.B of Part 5 of Article 13 of Chapter 143B of the General Statutes is amended by adding a new section to read:
Except"§ where143B-1022. otherwise provided, the remainder of this act is effective when it becomes law.
PageNorth 10Carolina HouseSilver BillAlert 641-FirstSystem Editionestablished.
(a) There is established within the North Carolina Center for Missing Persons the Green Alert System.
The purpose of the Green Alert System is to provide a statewide system for the rapid dissemination of information regarding a missing person who is believed to be suffering from posttraumaticstress disorderthatrequires them to beprotectedfrom potentialabuseorother physical harm, neglect, or exploitation.
(b) If the Center receives a request that involves a missing person as described in subsection (a) of this section, the Center shall issue an alert providing for rapid dissemination of information statewide regarding the missing person.
The Center shall make every effort to disseminate the information as quickly as possible when the person's status as missing has been reported to a law enforcement agency.
(c) The Center shall adopt guidelines and develop procedures for issuing an alert for missing persons as described in subsection (a) of this section and shall provide education and Page 8 House Bill 641-Second Edition General Assembly Of North Carolina Session 2019 training to encourage radio and television broadcasters to participate in the alert.
The guidelines and procedures shall ensure that specific health information about the missing person is not made public through the alert or otherwise.
(d) The Center shall consult with the Department of Transportation and develop a procedure for the use of overhead permanent changeable message signs to provide information on the missing person or missing child meeting the criteria of this section when information is available that would enable motorists to assist in the recovery of the missing person.
The Center and the Department of Transportation shall develop guidelines for the content, length, and frequency of any message to be placed on an overhead permanent changeable message sign." PART XIII.
EFFECTIVE DATE SECTION 13.
Except as otherwise provided, this act is effective when it becomes law.
House Bill 641-Second Edition Page 9
Show all 138 changed rows (98 more)
Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.
The bill modifies various provisions related to the North Carolina National Guard's civilian leave, duties of probation officers, and establishes new provisions for the Department of Public Safety regarding construction work without licensure.
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G.S. 127A-111(a)
from his or her civilian employment.→ from his or her the member's civilian employment.Clarifies the language to use a more consistent pronoun referring to the member.
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G.S. 127A-111(a)
his or her vacation or other accrued leaves from his or her civilian employment→ his or her any of the member's vacation or other accrued leaves from his or her the member's civilian employmentClarifies and emphasizes the member's discretion in leave options.
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G.S. 15-205
him→ the officerUpdates pronouns for gender neutrality and clarity.
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G.S. 15-205
the Secretary of the Department of Adult Correction→ the Secretary of Public SafetyModifies the title to reference the current organizational structure.
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G.S. 15-205
his→ the officer'sMaintains consistency in pronoun use.
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G.S. 15-205
the same right to execute process as is now given, or that may hereafter be given by law, to the sheriffs of this State.→ the authority to serve any warrant or other process issuing from any of the courts of the State having criminal jurisdiction.Expands the explicit powers of probation officers regarding service of warrants.
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G.S. 143B-720
Post-Release Supervision and Parole Commission – creation, powers and duties.→ Post-Release Supervision and Parole Commission of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety with the authority to grant paroles, including both regular and temporary parolesClarifies the role and powers of the Post-Release Supervision and Parole Commission.
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G.S. 143B-720
or to comply with the terms of post-release supervision by a prisoner whose offense requiring post-release supervision is a reportable conviction subject to the registration requirement of Article 27A of Chapter 14 of the General Statutes.→ and shall perform such other services as may be required by the Governor in exercising his the Governor's powers of executive clemency.Expands the responsibilities of the Commission in supporting the Governor's clemency powers.
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G.S. 143B-600.1
Employees of the Department of Public Safety may perform installation, construction, maintenance, and repair work for the Department.
Establishes new provisions allowing Department of Public Safety employees to perform certain construction and maintenance work without licensure.
Action History
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Passed 2nd Reading
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Passed 3rd Reading
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Special Message Sent To Senate
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Special Message Received From House
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Passed 1st Reading
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Ref To Com On Rules and Operations of the Senate
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Reptd Fav
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Cal Pursuant Rule 36(b)
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Placed On Cal For 05/06/2019
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Reptd Fav Com Substitute
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Re-ref Com On Rules, Calendar, and Operations of the House
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Withdrawn From Com
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Re-ref to the Com on State and Local Government, if favorable, Rules, Calendar, and Operations of the House
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Passed 1st Reading
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Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House
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Filed
Sponsors
- Boles · Primary
- Garland E. Pierce · Primary
- Speciale · Primary
- Faircloth · Cosponsor
- Graham · Cosponsor
- McNeill · Cosponsor
- Shelly Willingham · Cosponsor
- Wray · Cosponsor
- Dante Pittman · Cosponsor
- Carolyn G. Logan · Cosponsor
- Edward C. Goodwin · Cosponsor
- Brian Turner · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 9 co-sponsors · 167 not signed on · 13 voted No
Sponsors (3)
- Boles
- Garland E. Pierce Democratic
- Speciale
Co-sponsors (9)
- Faircloth
- Graham
- McNeill
- Shelly Willingham Democratic
- Wray
- Dante Pittman Democratic
- Carolyn G. Logan Democratic Voted No
- Edward C. Goodwin Republican
- Brian Turner Democratic Voted No
Not signed on (167)
167 members have not signed on to this bill.
Show all 167 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 13 | 12 | 0 | 0 |
| Republican | 32 | 0 | 0 | 1 |
| Unaffiliated | 45 | 13 | 0 | 2 |
| U | 0 | 2 | 0 | 0 |
| Total | 90 | 27 | 0 | 3 |
| % of votes cast | 75% | 23% | 0% | 3% |
How each member voted (120)
| Member | Party | Vote |
|---|---|---|
| Brewer | — | Yea |
| Clemmons | — | Yea |
| Farmer-Butterfield | — | Yea |
| Floyd | — | Yea |
| Gailliard | — | Yea |
| Garrison | — | Yea |
| Graham | — | Yea |
| Harris | — | Yea |
| Holley | — | Yea |
| Hunt | — | Yea |
| Hunter | — | Yea |
| Lucas | — | Yea |
| Richardson | — | Yea |
| vonHaefen | — | Yea |
| Wray | — | Yea |
| Bumgardner | — | Yea |
| Carter | — | Yea |
| Cleveland | — | Yea |
| Conrad | — | Yea |
| Davis | — | Yea |
| Dobson | — | Yea |
| Elmore | — | Yea |
| Faircloth | — | Yea |
| Fraley | — | Yea |
| Grange | — | Yea |
| Hardister | — | Yea |
| Henson | — | Yea |
| Horn | — | Yea |
| Hurley | — | Yea |
| Lewis | — | Yea |
| McElraft | — | Yea |
| McGrady | — | Yea |
| McNeill | — | Yea |
| Moore | — | Yea |
| Murphy | — | Yea |
| Presnell | — | Yea |
| Rogers | — | Yea |
| Saine | — | Yea |
| Sasser | — | Yea |
| Speciale | — | Yea |
| Szoka | — | Yea |
| Yarborough | — | Yea |
| Zachary | — | Yea |
| Autry | — | Nay |
| Beasley | — | Nay |
| Black | — | Nay |
| Fisher | — | Nay |
| Gill | — | Nay |
| Insko | — | Nay |
| Jackson | — | Nay |
| Martin | — | Nay |
| Montgomery | — | Nay |
| Queen | — | Nay |
| Russell | — | Nay |
| Terry | — | Nay |
| Boles | — | Not Voting |
| L. Johnson | — | Not Voting |
| C. Smith | — | Yea |
| K. Smith | — | Yea |
| R. Smith | — | Nay |
| Allison A. Dahle | Democratic | Yea |
| Amos L. Quick, III | Democratic | Nay |
| Becky Carney | Democratic | Yea |
| Brandon Lofton | Democratic | Yea |
| Brian Turner | Democratic | Yea |
| Brian Turner | Democratic | Nay |
| Carolyn G. Logan | Democratic | Nay |
| Cecil Brockman | Democratic | Nay |
| Cynthia Ball | Democratic | Yea |
| Dante Pittman | Democratic | Yea |
| Deb Butler | Democratic | Nay |
| Eric Ager | Democratic | Yea |
| Gale Adcock | Democratic | Nay |
| Garland E. Pierce | Democratic | Yea |
| Graig Meyer | Democratic | Nay |
| Joe John | Democratic | Yea |
| Marcia Morey | Democratic | Nay |
| Mary Belk | Democratic | Nay |
| Pricey Harrison | Democratic | Nay |
| Robert T. Reives, II | Democratic | Nay |
| Shelly Willingham | Democratic | Yea |
| Sydney Batch | Democratic | Yea |
| Terence Everitt | Democratic | Yea |
| Tracy Clark | Democratic | Yea |
| Zack Hawkins | Democratic | Nay |
| Bobby Hanig | Republican | Yea |
| Brenden H. Jones | Republican | Yea |
| Chris Humphrey | Republican | Yea |
| Dean Arp | Republican | Yea |
| Dennis Riddell | Republican | Yea |
| Destin Hall | Republican | Yea |
| Donna McDowell White | Republican | Yea |
| Donny Lambeth | Republican | Yea |
| Edward C. Goodwin | Republican | Yea |
| Frank Iler | Republican | Yea |
| Harry Warren | Republican | Yea |
| Hugh Blackwell | Republican | Not Voting |
| Jay Adams | Republican | Yea |
| Jimmy Dixon | Republican | Yea |
| John A. Torbett | Republican | Yea |
| John R. Bell, IV | Republican | Yea |
| John Sauls | Republican | Yea |
| Julia C. Howard | Republican | Yea |
| Keith Kidwell | Republican | Yea |
| Kelly E. Hastings | Republican | Yea |
| Kevin Corbin | Republican | Yea |
| Kyle Hall | Republican | Yea |
| Larry C. Strickland | Republican | Yea |
| Larry W. Potts | Republican | Yea |
| Lisa S. Barnes | Republican | Yea |
| Mark Brody | Republican | Yea |
| Mitchell S. Setzer | Republican | Yea |
| Phil Shepard | Republican | Yea |
| Sarah Stevens | Republican | Yea |
| Stephen M. Ross | Republican | Yea |
| Steve Jarvis | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| William D. Brisson | Republican | Yea |
| Carla D. Cunningham | U | Nay |
| Nasif Majeed | U | Nay |
Subjects
Frequently asked questions
- Who sponsors HB 641?
- HB 641 is sponsored by Boles, Garland E. Pierce (Democratic), Speciale, Faircloth, Graham, McNeill, Shelly Willingham (Democratic), Wray, Dante Pittman (Democratic), Carolyn G. Logan (Democratic), Edward C. Goodwin (Republican), and Brian Turner (Democratic).
- What is the current status of HB 641?
- This bill died with 2019-2020 Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 641?
- Track HB 641 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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