Bill Summary for H 99 (2019-2020)

Summary date: 

Apr 30 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 99 (Public) Filed Monday, February 18, 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 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.
Intro. by McNeill, Boles.

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Bill 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.

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