Bill Summary for S 78 (2019-2020)

Summary date: 

Feb 19 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 78 (Public) Filed Tuesday, February 19, 2019
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.
Intro. by Sanderson, Britt, Horner.

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Bill summary

Identical to H 99, filed 2/18/19.

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.

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