Senate committee substitute makes the following changes to the 2nd edition. Appropriates $300,000 in recurring funds for each year of the 2019-21 biennium from the General Fund to the Department of Public Safety, Division of Alcohol Law Enforcement (ALE), to fund office space. Also appropriates $213,638 for 2019-20 and $427,276 for 2020-21 from the General Fund in recurring funds to ALE to fund eight full-time equivalent administrative positions.
Summary date: May 28 2019 - View summary
Summary date: Apr 30 2019 - View summary
House committee substitute makes the following changes to the 1st edition.
Adds to GS 18B-500 to grant the Secretary of the Department of Public Safety (DPS) appointing authority and supervisory responsibility of the Director of the Division of Alcohol and Law Enforcement (ALE), as transferred to DPS by the act. Adds that the ALE Director can appoint and supervise assistants (was, appoint only). Additionally authorizes the ALE Director to appoint a regular employee of the Alcoholic Beverage Control Commission (ABC Commission) as an ALE Agent so long as the employee is employed by the ABC Commission and serving as an ALE Agent on January 1, 2019. Makes organizational changes and modifies ALE agents' primary responsibilities to include enforcement of GS Chapter 18B. No longer includes enforcement of the provisions of GS Chapter 143B (executive organization laws). Modifies ALE agents' subject matter jurisdiction (SMJ), now set out to include enforcement for any criminal offense:
- Occurring, encountered, or otherwise discovered on the premises or elsewhere relating to a location under application for or holding a permit issued by the ALE Commission or the Education Lottery Commission;
- Encountered or otherwise discovered while investigating or enforcing matters for the ALE Commission or the Lottery Commission, or provisions of the laws of which the agents are primarily charged with enforcing (previously, SMJ did not specifically include offenses encountered or discovered while investigating or enforcing matters of either Commission);
- Encountered or discovered while carrying out any duty or function assign to the Division by law (this SMJ not previously limited to criminal offenses);
- Occurring in an agent's presence; and
- When assisting another law enforcement agency (this SMJ not previously limited to criminal offenses but was limited to during investigations only).
Now specifies that ALE agents have full power and authority as peace officers to execute criminal process, respond to and take enforcement action for any crime of violence or breach of peace, and additional duties directed by the Governor or the Secretary of DPS when necessary for security at a public event, or protection of persons or property due to a disaster or state of emergency. Modifies the ALE Director's authority regarding shifting personnel from districts to no longer subject the action to rules adopted by DPS.
Amends the definition of ABC system set forth in GS 18B-101 to include the designated ABC law enforcement officers employed under GS 18B-501 rather than the ALE Division and all of its employees. Makes a clarifying change.
Amends GS 143-63.1 to authorize the ALE Division to sell, trade, or dispose of any surplus weapons it possesses to any federally licensed firearm dealers.
Amends GS 143-341 to exempt motor vehicles under the ownership, custody, or control of the ALE Division from the Department of Administration's scheduled transfer of ownership, custody, or control to that Department.
Summary date: Feb 18 2019 - View summary
Relocates the Alcohol Law Enforcement Branch (ALE) of the State Bureau of Investigation as a Division of the Department of Public Safety (DPS). Directs DPS to continue consolidation of ALE and State Bureau of Investigation (SBI) regions and regional offices so that all district offices remain co-located.
Enacts new GS Chapter 143B, Article 13, Part 4, Subpart F (Alcohol Law Enforcement Division), creating the ALE as a Division of the Department of Public Safety.
Repeals GS 143B-928 (locating ALE within the State Bureau of Investigation).
Amends GS 18B-500 (Alcohol law-enforcement agents). Authorizes the Director of the Division of Alcohol Law Enforcement (Director) to appoint a sufficient number of assistants who shall be competent and qualified to do the work of the Division. Makes the Director responsible for all hiring and personnel decisions of the Division, and authorizes the Director to hire or fire personnel and transfer personnel within the Division. Sets forth ALE agents' subject matter jurisdiction, providing for the primary responsibilities of enforcing:
- The provisions of GS Chapter 143B (executive organization laws), GS Chapter 18C (lottery laws), GS 14-313 (youth access to tobacco product law), and Parts 1 and 2 of Article 37 of GS Chapter 14 (lottery and gaming laws);
- Any criminal offense occurring in the agent's presence;
- When assisting another law-enforcement agency during an investigation;
- While carrying out any other duty assigned to the Division by law;
- Any criminal offense discovered during the enforcement of the above.
Makes conforming, technical and clarifying changes to GS 18B-500, GS 18B-101, GS 143-651, GS 143-652.1, GS 143-652.2, and specified statutes in GS Chapters 18B, 18C, 19, 105, and 143.
Effective July 1, 2019.