Bill Summary for S 100 (2021-2022)
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AN ACT PROVIDING THAT CITIES AND COUNTIES THAT REDUCE FUNDS FOR LAW ENFORCEMENT OFFICERS OR LAW ENFORCEMENT AGENCIES BY AN AMOUNT THAT EXCEEDS ONE PERCENT OF THE FUNDS APPROPRIATED IN ANY FISCAL YEAR FOR ALL OTHER CITY OR COUNTY EMPLOYEES OR DEPARTMENTS, OR BOTH, SHALL RECEIVE A CORRESPONDING REDUCTION IN STATE-SHARED REVENUE AND DIRECTING THE NORTH CAROLINA CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS COMMISSION AND THE NORTH CAROLINA SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION TO SUBMIT RECOMMENDATIONS TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY ON LAW ENFORCEMENT EQUIPMENT INVENTORY STANDARDS, EQUIPMENT MAINTENANCE STANDARDS, AND EQUIPMENT REPLACEMENT STANDARDS.Intro. by Edwards, Sanderson, Britt.
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Enacts new GS 159-16.1 (applicable to cities), providing as follows.
Provides that if a city's governing board, in any fiscal year, reduces funds appropriated in its annual budget for compensation for full-time, certified, sworn law enforcement officers or for police department operating expenses, or both, by an amount exceeding 1% of the funds appropriated in that fiscal year for compensation for all other full-time city employees, or operating expenses for all other city departments, or both, then the city's share of funds under GS 136-41.1 (distributing the appropriation of funds by the General Assembly to the Department of Transportation for State aid to municipalities) must be reduced by that amount in that fiscal year. Requires that when the amount over 1% exceeds the city's share of funds under GS 136-41.1, that the city's share of funds distributed pursuant to the additional specified provisions be reduced in the listed order until the remaining balance has been satisfied. Also provides that if a city's governing board, in any fiscal year, eliminates or reallocates 100% of the funds appropriated in its annual budget for compensation for full-time, certified, sworn law enforcement officers or police department operating expenses, or both, then the city will be ineligible to receive funds distributed pursuant to the specified statutory provisions. Requires any of the impacted funds that were distributed after a city's governing body has reduced, eliminated, or reallocated funds as described above, to be returned to the State in the fiscal year in which they were distributed. Requires that no later than 15 days after the city's funds have been reduced, eliminated, or reallocated that the city's finance officer make a written report on the actions to the Secretary of the Department of Revenue, specified NCGA committee chairs and division, and the Office of State Budget and Management. Allows a city that has undergone the 1% reduction of funds or that has had to return funds to submit a written request to the chairs of the House and Senate Appropriations committees asking the committees to meet jointly to review the reduction of funds for law enforcement in order to determine whether the reduction was reasonable; if the reduction is found to have been reasonable and did not cause significant negative impact to public safety, the joint committee may recommend to the full NCGA that the city's share of funds be restored.
Enacts new GS 159-16.2 establishing similar provisions for reductions made by the governing board of a county to the annual budget for full-time certified deputy sheriffs, sheriff's office operating expenses, or both.
Requires the North Carolina Criminal Justice Education and Training Standards Commission and the North Carolina Sheriffs' Education and Training Standards Commission, by October 1, 2021, to make recommendations to the specified NCGA committee on the following issues for law enforcement agencies under their jurisdiction: (1) minimum equipment inventory law enforcement agencies should have available for their use, (2) minimum standards for maintaining the equipment, and (3) minimum standards for determining when the equipment should be replaced. Sets out issues to be considered when developing the recommendations.
Effective July 1, 2021.