Bill Summary for S 787 (2015-2016)

Summary date: 

Apr 28 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 787 (Local) Filed Thursday, April 28, 2016
AN ACT AUTHORIZING THE TOWN OF WALNUT COVE IN STOKES COUNTY TO COMPEL THE TERMINATION OF AN IRREVOCABLE TRUST ESTABLISHED BY THE TOWN FOR THE PURPOSE OF PAYING LAW ENFORCEMENT SPECIAL SEPARATION ALLOWANCE BENEFITS AND AUTHORIZING THE GOVERNING BODY OF STOKES COUNTY TO ADOPT ORDINANCES REGULATING, RESTRICTING, OR PROHIBITING THE POSSESSION OR CONSUMPTION OF ALCOHOL ON NAVIGABLE RIVERS IN THE COUNTY.
Intro. by Randleman.

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Bill summary

Amends GS 159-30.2, concerning trusts for law enforcement special separation benefits, enacting new subsection (c), which provides for the termination of an irrevocable trust created under this statute for the distribution of special separation allowance benefits. Termination of the irrevocable trust is only allowed if the local government (1) disbands its law enforcement agency or department and (2) presents to the trustee a resolution or ordinance adopted by the governing body stating the same as well as that the unit does not employ any public safety personnel that would qualify for the benefits of the trust. Once distributed, trust property can be used for any purpose authorized by law. Clarifies that these new provisions do not relieve or terminate the responsibility to pay special separation allowance benefits if liable under GS 143-166.42, Special separation allowances for local officers. Applicable only to the Town of Walnut Cove. 

Authorizes Stokes County, by ordinance, to regulate, restrict, or prohibit the possession or consumption of alcoholic beverages on navigable rivers in Stokes County, or within 50 feet of the banks of the navigable river, unless possession or consumption occurs in a licensed venue. Specifies exemptions from the ordinance, including actions by a landowner, lessee, and guests, if the property is next to navigable rivers, as well as no applicability to waters in Stokes County that form Belews Lake, owned by Duke Energy Corporation. Provides that ordinances adopted pursuant to this section are enforceable by officers of the Wildlife Resources Commission, sheriffs, deputy sheriffs, and other peace holders with general subject matter jurisdiction. A violation of such adopted ordinances is a Class 3 misdemeanor, punishable by a fine of not less than $50, plus court costs. Effective August 1, 2016, applying to offenses committed on or after that date. 

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