GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 1
HOUSE BILL 807
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Short Title: Create Divisions - ALE and Cap. Police in DPS. |
(Public) |
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Sponsors: |
Representatives Boles, J. Bell, Willingham, and McNeill (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Judiciary III |
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April 13, 2017
A BILL TO BE ENTITLED
AN ACT to establish Alcohol Law Enforcement and the state capitol police as separate divisions of the department of public safety.
The General Assembly of North Carolina enacts:
PART I. CREATE DIVISION OF ALCOHOL LAW ENFORCEMENT IN THE DEPARTMENT OF PUBLIC SAFETY
SECTION 1.1. The Alcohol Law Enforcement Branch of the State Bureau of Investigation shall be relocated as a Division of the Department of Public Safety.
SECTION 1.2. Part 4 of Article 13 of Chapter 143B of the General Statutes is amended by adding a new Subpart to read:
"Subpart F. Alcohol Law Enforcement Division.
"§ 143B‑990. Creation of Alcohol Law Enforcement Division of the Department of Public Safety.
There is created and established a division to be known as the Alcohol Law Enforcement Division of the Department of Public Safety with the organization, powers, and duties defined in Article 1 of this Chapter, except as modified in this Part."
SECTION 1.3. G.S. 143B‑928 is repealed.
SECTION 1.4. G.S. 18B‑500 reads as rewritten:
"§ 18B‑500. Alcohol law‑enforcement agents.
(a) Appointment. The
Director of the State Bureau of Investigation shall Division of
Alcohol Law Enforcement of the Department of Public Safety may appoint alcohol
law‑enforcement agents and other enforcement personnel. a
sufficient number of assistants who shall be competent and qualified to do the
work of the Division. The Director may also appoint regular employees of
the Commission as alcohol law‑enforcement agents. shall be
responsible for making all hiring and personnel decisions of the Division. Notwithstanding
the provisions of this Chapter or Chapter 143A of the General Statutes, the
Director may hire or fire personnel and transfer personnel within the Division.
Alcohol law‑enforcement agents shall be designated as "alcohol
law‑enforcement agents". Persons serving as reserve alcohol law‑enforcement
agents are considered employees of the Alcohol Law Enforcement Branch for
workers' compensation purposes while performing duties assigned or approved by
the Head of the Alcohol Law Enforcement Branch or the Head's designee.
(b) Subject Matter
Jurisdiction. After taking the oath prescribed for a peace officer, an
alcohol law‑enforcement agent shall have authority to arrest and take
other investigatory and enforcement actions for any criminal offense. The
primary responsibility of an agent shall be enforcement of the ABC and
lottery laws.laws, lottery laws, and Article 5 of Chapter 90 of the
General Statutes (The Controlled Substances Act).
(g) Shifting of Personnel
From One District to Another. The Head Director of the Alcohol
Law Enforcement Branch, Division, under rules adopted by the
Department of Public Safety may, from time to time, shift the forces from one
district to another or consolidate more than one district force at any point
for special purposes. Whenever an agent of the Alcohol Law Enforcement Section
Division is transferred from one district to another for the
convenience of the State or for reasons other than the request of the agent,
the Department shall be responsible for transporting the household goods,
furniture, and personal apparel of the agent and members of the agent's
household."
SECTION 1.5. The Department of Public Safety shall continue to consolidate ALE and SBI Regions and Regional Offices in the same manner so that all district offices remain co‑located.
SECTION 1.6. G.S. 143‑651 reads as rewritten:
"§ 143‑651. Definitions.
The following definitions apply in this Article:
(4a) Branch. The Alcohol Law Enforcement Branch of
the State Bureau of Investigation.
(7a) Division. The Alcohol Law Enforcement Division of the Department of Public Safety.
(23b) Sanctioned amateur match.
Any match regulated by an amateur sports organization that has been recognized
and approved by the Branch.Division.
."
SECTION 1.7. The following statutes are amended by deleting the word "Branch" wherever it appears in uppercase and substituting "Division": G.S. 18B‑101(5), 18B‑201, 18B‑202, 18B‑203, 18B‑504, 18B‑805, 18B‑902, 18B‑903, 18B‑904, 18C‑163(b), 19‑2.1, 105‑259(b)(15), and 143‑652.1 through 143‑656.
PART II. CREATE DIVISION OF STATE CAPITOL POLICE IN THE DEPARTMENT OF PUBLIC SAFETY
SECTION 2.1. The State Capitol Police Section of the State Highway Patrol shall be relocated as a Division of the Department of Public Safety.
SECTION 2.2. Subpart B of Part 4 of Article 13 of Chapter 143B of the General Statutes reads as rewritten:
"Subpart B. State Capitol Police.Police
Division.
"§ 143B‑911. Creation of State Capitol Police Section
Division; powers and duties.
(a) Section Division
Established. There is hereby established, within the State Highway
Patrol of the Department of Public Safety, There is created and
established a division to be known as the State Capitol Police Section, which
shall be organized and staffed in accordance with applicable laws and
regulations and within the limits of authorized appropriations. The Chief,
special officers, and employees of the State Capitol Police Section are not
considered members of the State Highway Patrol.Division of the
Department of Public Safety with the organization, powers, and duties defined
in Article 1 of this Chapter, except as modified in this Part.
(b) Purpose. The State
Capitol Police Section Division shall serve as a special police
agency of the Department of Public Safety. The Chief of the State Capitol
Police, appointed by the Secretary pursuant to G.S. 143B‑602, with
the approval of the Governor, may appoint as special police officers such
reliable persons as he the Chief may deem necessary.
."
SECTION 2.3. G.S. 143B‑602(8) reads as rewritten:
"§ 143B‑602. Powers and duties of the Secretary of Public Safety.
The Secretary of Public Safety shall have the powers and duties as are conferred on the Secretary by this Article, delegated to the Secretary by the Governor, and conferred on the Secretary by the Constitution and laws of this State. These powers and duties include the following:
(8) Other powers and duties. The Secretary has the following additional powers and duties:
f. Appointing, with the
Governor's approval, Appointing a special police officer to serve as
Chief of the State Capitol Police Section of the State Highway Patrol.Division.
.
i. Appointing the Director of the Division of Alcohol Law Enforcement."
SECTION 3. This act becomes effective July 1, 2017.