Bill Text: NC H963 | 2013-2014 | Regular Session | Amended

North Carolina House Bill 963 (Prior Session Legislation)

Bill Title: Share Arrest Warrant Status/JDIG

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2013-04-18 - Ref To Com On Rules, Calendar, and Operations of the House [H963 Detail]

Download: North_Carolina-2013-H963-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H 1

HOUSE BILL 963

Short Title: Share Arrest Warrant Status/JDIG.		(Public)
Sponsors:	Representatives Luebke, Holley, Harrison, and Foushee (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
Referred to:	Rules, Calendar, and Operations of the House.

April 18, 2013

A BILL TO BE ENTITLED

AN ACT to require the department of commerce to verify whether the chief executive officer or chief financial officer of an applicant for or RECIPIENT of a job development investment grant (JDIG) IS A FLEEING FELON OR A PROBATION OR PAROLE VIOLATOR, TO DIRECT INTERAGENCY COOPERATION AND INFORMATION SHARING IN ORDER TO VERIFY THE ELIGIBILITY STATUS OF AN APPLICANT OR RECIPIENT, and to deny jdig grants to an applicant either of whose chief executive officer or chief financial officer IS A FLEEING FELON OR A PROBATION OR PAROLE VIOLATOR.

The General Assembly of North Carolina enacts:

SECTION 1. Part 2G of Article 10 of Chapter 143B of the General Statutes is amended by adding a new section to read:

"§ 143B‑437.52A. Information sharing of outstanding arrest warrant of Chief Executive Officer or Chief Financial Officer applicant for or recipient of JDIG grant.

(a) The Department of Commerce shall notify an applicant for a Job Development Investment Grant (JDIG) under this Part that release of confidential information from the applicant's records may not be protected if a warrant for arrest is issued against the Chief Executive Officer or Chief Financial Officer of the applicant. The Department of Commerce shall notify all recipients of a Job Development Investment Grant under this Part at the time of renewal of the recipient's Job Development Investment Grant that release of confidential information from the recipient's records may not be protected if a felony or misdemeanor arrest warrant is issued against the Chief Executive Officer or Chief Financial Officer of the recipient.

(b) The Department of Commerce shall verify whether the Chief Executive Officer or Chief Financial Officer of an applicant for or recipient of a Job Development Investment Grant is (i) fleeing to avoid prosecution, custody, or confinement after conviction, under the laws of the place from which the individual flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees, or (ii) violating a condition of probation or parole imposed under federal or State law, by ensuring that the criminal history of the Chief Executive Officer or Chief Financial Officer of an applicant, or of a recipient at the time of grant renewal, is checked. The Department of Commerce shall conduct the criminal history check necessary to verify whether the Chief Executive Officer or Chief Financial Officer of an applicant is a fleeing felon or a probation or parole violator utilizing all currently accessible databases to the extent permitted by allocated State resources.

(c) Nothing in this section shall be construed to authorize the disclosure of any information otherwise protected by State or federal law or regulation.

(d) The Secretary of Commerce shall adopt rules regarding (i) the sharing of information between the Department and local law enforcement agencies, (ii) the accuracy of information shared pursuant to this section, and (iii) any other rules the Secretary deems necessary to implement this section.

(e) The Department of Commerce shall cooperate and collaborate with the Office of the State Controller, the Administrative Office of the Courts, and the Department of Public Safety to develop protocols to implement this section.

(f) Annually, on April 1, the Department of Commerce shall report to the General Assembly on the number of individuals who are denied benefits under this section during the preceding calendar year."

SECTION 2. Part 1 of Article 2 of Chapter 108A of the General Statutes is amended by adding the following new section to read:

"§ 143B‑437.52B Fleeing felon, or parole or probation violator; eligibility for JDIG grant.

The Secretary of Commerce shall not approve a Job Development Investment Grant (JDIG) under this Part if the department receives information described in G.S. 143B‑437.52A that the Chief Executive Officer or Chief Financial Officer of an applicant for or recipient of program assistance is subject to arrest under an outstanding warrant arising from a charge of violating conditions of parole or probation or from a felony charge against the Chief Executive Officer or Chief Financial Officer of the applicant or recipient in any jurisdiction. An applicant or recipient described in this section is eligible for a grant, if all other eligibility criteria of the law are met, when the Chief Executive Officer or Chief Financial Officer of the applicant or recipient is no longer subject to arrest under an outstanding warrant as described in this section."

SECTION 3. Part 2 of Article 4 of Chapter 114 of the General Statutes is amended by adding the following new section to read:

"§ 114‑19.34. Criminal record checks of applicants for or recipients of program assistance.

The Department of Justice may provide to the Department of Commerce from the State and National Repositories of Criminal Histories the criminal history of the Chief Executive Officer or Chief Financial Officer person who applies for a Job Development Investment Grant under Part 2G of Article 10 of Chapter 143B of the General Statutes. The Department of Commerce shall provide to the Department of Justice, along with the request, a form signed by the Chief Executive Officer or Chief Financial Officer of the applicant or recipient acknowledging receipt of the notification required by G.S. 143B‑427.52A and any identifying information required by the State and National Repositories of Criminal Histories and any additional information required by the Department of Justice. The applicant or recipient shall pay to the Department of Justice a fee of one hundred dollars ($100.00) to process the request for the criminal history. Except as provided under G.S. 143B‑427.52A, the Department of Commerce shall keep all information obtained pursuant to this section confidential."

SECTION 4. This act is effective when it becomes law.