GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 374*

Short Title:  GPAC/ABC Rule and Law Enforcement.	(Public)
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Sponsors: (by request) Representatives Robinson, Barnes, Blue, Diamont, Hackney, Hensley, H. Hunter, G. Miller, and Nesbitt.
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Referred to:  Appropriations.
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February 25, 1993

A BILL TO BE ENTITLED
AN ACT TO IMPLEMENT A RECOMMENDATION OF THE GOVERNMENT PERFORMANCE AUDIT COMMITTEE TO PHASE OUT THE ALCOHOL LAW ENFORCEMENT DIVISION AND TO TRANSFER THE ALCOHOL BEVERAGE LAW ENFORCEMENT AND REGULATORY FUNCTIONS.
The General Assembly of North Carolina enacts:
Section 1.  (a) The Chairman of the North Carolina Alcoholic Beverage Commission, in conjunction with the Secretary of Crime Control and Public Safety and the Director of the State Bureau of Investigation, shall submit a plan, including necessary statutory changes, to the General Assembly, on or before May 1, 1993, providing for:
(1)	The phasing out of the Alcoholic Law Enforcement Division of the Department of Crime Control and Public Safety;
(2)	Transfer of primary liquor law enforcement to local ABC law enforcement agents and local law enforcement agents;
(3)	Transfer of primary responsibility for investigation of inter-county and inter-State alcohol related criminal activities to the State Bureau of Investigation;
(4)	Transfer of regulatory and public education responsibilities of the Alcohol Law Enforcement Division to the North Carolina Alcoholic Beverage Commission.
These transfers shall be implemented by the Governor on or before January 1, 1995.
(b) The regulatory staffing for the North Carolina Alcoholic Beverage Commission required by the transfer in subdivision (a)(4) of this section shall consist of no more than 55 regulators and 7 support staff.  Existing Alcohol Law Enforcement Division personnel shall be given preference in transferring to the North Carolina Alcoholic Beverage Commission or taking enforcement positions with local ABC boards.
Sec. 2.  G.S. 18B-805(b) reads as rewritten:
"(b)	Primary Distribution. – Before making any other distribution, a local board shall first pay the following from its gross receipts:
(1)	The board shall pay the expenses, including salaries, of operating the local ABC system.
(2)	Each month the local board shall pay to the Department of Revenue the taxes due the Department. In addition to the taxes levied under Chapter 105 of the General Statutes, the local board shall pay to the Department one-half of both the mixed beverages surcharge required by G.S. 18B-804(b)(8) and the guest room cabinet surcharge required by G.S. 18B-804(b)(9).
(3)	Each month the local board shall pay to the Department of Human Resources ten percent (10%) of both the mixed beverages surcharge required by G.S. 18B-804(b)(8) and the guest room cabinet surcharge required by G.S. 18B-804(b)(9). The Department of Human Resources shall spend those funds for the treatment of alcoholism or substance abuse, or for research or education on alcohol or substance abuse.
(4)	Each month the local board shall pay to the county commissioners of the county where the charge is collected the proceeds from the bottle charge required by G.S. 18B-804(b)(6), to be spent by the county commissioners for the purposes stated in subsection (h) of this section."
Sec. 3.  There is appropriated from the General Fund to the State Alcoholic Beverage Commission the sum of three million one hundred sixty-five thousand nine hundred twenty-eight dollars ($3,165,928) for the 1993-94 fiscal year and the sum of three million ninety-eight thousand five hundred forty-four dollars ($3,098,544) for the 1994-95 fiscal year to implement the transfers of functions mandated by this act.
Sec. 4.  There is appropriated from the General Fund to the State Bureau of Investigation the sum of two million eight hundred seven thousand five hundred twenty-one dollars ($2,807,521) for the 1993-94 fiscal year and the sum of two million seven hundred forty-seven thousand seven hundred sixty-six dollars ($2,747,766) for the 1994-95 fiscal year to implement the transfers of functions mandated by this act.
Sec. 5.  The base budget of the Department of Crime Control and Public Safety is reduced by five million nine hundred seventy-three thousand four hundred forty-nine dollars ($5,973,449) for the 1993-94 fiscal year and by five million eight hundred forty-six thousand three hundred ten dollars ($5,846,310) for the 1994-95 fiscal year due to the decrease in personnel positions as a result of the transfers mandated by this act.
Sec. 6.  This act is effective upon ratification except for Sections 3, 4, and 5, which shall become effective on July 1, 1993, but only if the transfer of the regulatory and educational functions of the Alcohol Law Enforcement Division to the North Carolina Alcoholic Beverage Commission has been completed.