AN ACT TO ESTABLISH ALCOHOL LAW ENFORCEMENT AS A SEPARATE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY AND TO CLARIFY THE JURISDICTION AND PRIMARY RESPONSIBILITIES OF ALCOHOL LAW-ENFORCEMENT AGENTS AND ALSO TO MOVE THE BOXING ADVISORY COMMISSION TO THE DEPARTMENT OF COMMERCE, TO RENAME IT THE BOXING COMMISSION, AND TO GIVE IT RULE-MAKING AUTHORITY. SL 2019-203. Enacted August 27, 2019. Effective October 1, 2019.
Summary date: Aug 28 2019 - View summary
Summary date: Aug 13 2019 - View summary
Conference report makes the following changes to the 4th edition.
Makes organizational changes to place the act's previous provisions into Part 1, and makes the following changes to the provisions.
Adds that if H 966 (2019 Appropriations Act) becomes law, then (1) the Department of Public Safety (DPS) may begin to relocate the ALE headquarters and the ALE District I Office in Jacksonville, the ALE District II Office in Fayetteville, the ALE District VII Office in Hickory, and the ALE District VIII Office in Asheville and (2) until additional recurring funding is secured requires that the following district offices remain co-located: the ALE District II Office in Greenville, the ALE District IV Office in Raleigh, the ALE District V Office in Greensboro, and the ALE District VI Office in Harrisburg. Provides that if H 966 does not become law, then DPS must continue to consolidate ALE and SBI regions and regional offices in the same manner so that all district offices remain co-located.
Makes a technical change to GS 18B-500. Also amends the authority of alcohol law-enforcement agents by removing reference to full power, leaving in place authority as peace officers to execute criminal process, respond to and take enforcement action for any crime of violence or breach of the peace, and any additional duties as may from time to time be directed by the Governor or the Secretary of Public Safety when needed for security purposes at a public event or to protect persons or property because of a disaster or state of emergency.
Adds the following provisions to the act. Makes the following provisions applicable to applications for a license or permit submitted on or after October 1, 2019; contracts entered into on or after October 1, 2019; and offenses and violations committed on or after October 1, 2019.
Provides that if HB 966 (Appropriations Act of 2019) of the 2019 Regular Session becomes law, Section 11.10, which amends various provisions of GS Chapter 143 to transfer the Boxing Advisory Commission and give the Commission rulemaking authority, of that act is repealed.
Transfers the Boxing Advisory Commission from the Department of Public Safety (DPS) to the Department of Commerce and renames the Boxing Advisory Commission as the Boxing Commission (Commission). Deems the transfer a Type II transfer except that the management functions of the Commission cannot be performed under the direction and supervision of the Secretary of Commerce.
Further amends Article 68, Regulation of Boxing, of GS Chapter 143, as amended by Part 1 of the act, as follows. Adds the Commission to the Article's defined terms. Places the regulation of live boxing, kickboxing, and mixed martial arts matches in which admission is charged for viewing, or the contestants compete for a prize of more than $25, under the authority of the Commission (was, ALE Division). Makes conforming changes throughout the Article to refer to the Commission's regulatory authority. Places enforcement authority of the Article with the Executive Director of the Commission, with enforcement through and assistance provided by the ALE Division.
Amends GS 143-652.2 to provide that the Commission must exercise its powers independently of the Secretary of Commerce. Changes Commission membership, requiring two voting members appointed by the Governor (was, one), one voting member appointed by the Secretary of Commerce (was, the Secretary of Public Safety), and one voting member appointed by the Governor from nominations made by the specified Tribal Council (was, one appointed by the specified Tribal Council). No longer includes a voting member appointed by the Lieutenant Governor. Requires legislative appointment be made in accordance with specified state law. No longer requires the nonvoting advisory members to advise the ALE Division, in addition to the Commission, on matters concerning the health and physical condition of boxers and related health issues, as well as proposed related rules. Now provides for the Governor, rather than the DPS Secretary, to designate the chair. Additionally, provides that voting members serve at the Governor's pleasure, with nonvoting members subject to removal by the member's appointing authority (previously, all members were subject to removal by the DPS Secretary). Adds that legislatively appointed member vacancies must be filled in accordance with specified state law. No longer mandates the Commission to review and make recommendations for revisions to rules. Requires the Commission to hire an Executive Director (previously, required the DPS Secretary to provide staffing for the Commission). Authorizes the Executive Director to train and contract independent contractors for regulating and monitoring events, issuing licenses, collecting fees, and enforcing rules of the Commission. Allows the Executive Director to initiate and review criminal background checks on independent contracts or license applicants. Further, authorizes the Commission to hire additional staff.
Amends GS 143-654 to place licensing and permitting authority under the Article with the Commission (was, the ALE Division). Makes conforming changes to GS 143-658 to authorize the Commission, rather than the DPS Secretary, to issue civil penalties or refer evidence to the appropriate authority for violations of the Article. Further, authorizes the Commission to bring an action to enjoin noncompliance.
Amends GS 143-656 to require all contracts and financial arrangements between licenses and related to a match or exhibition in the State to meet the requirements of the Commission's rules (was, rules of the ALE Division).
Makes further conforming, clarifying, and technical changes to the Article.
Provides for the initial appointments to the Commission to begin July 1, 2019, and the terms of members serving the Boxing Advisory Commission as of June 30, 2019, to expire on October 1, 2019.
Transfers the identified Administrative Specialist II position within the ALE Division to the Commission.
Allows for the three identified positions (Administrative Specialist, Special Agent, and Special Agent in Charge) within the ALE Division to be converted to General Fund support funds available to the Division.
Formally abolishes the Boxing Authority Section of the ALE Division, referenced in the NC Administrative Code.
Directs that the funds in the State Boxing Revenue Account within DPS be transferred into the State Boxing Revenue Account within the Department of Commerce on October 1, 2019, and that the account within DPS be closed upon transfer.
Deems the rules adopted by the ALE Division pursuant to statutory authority to remain effective until amended or repealed by the Commission. Provides for policies, procedures, and guidance to remain effective until similarly amended or repealed.
Provides a savings clause for ongoing investigations, hearings, procedures, or prosecutions pursuant to the Article, as of October 1, 2019.
Changes the effective date of the act to October 1, 2019 (was, effective upon legislative appropriations for the act's implementation).
Makes conforming changes to the act's titles.
Summary date: Jun 19 2019 - View summary
Senate amendment makes the following changes to the 3rd edition. Deletes the two appropriations to the Department of Public Safety, Division of Alcohol Law Enforcement (ALE). Instead, adds that the act becomes effective upon appropriation by the General Assembly of funds for the implementation of this act.
Summary date: May 28 2019 - View summary
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: 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.